Law:

Section:

(a) West Pakistan Forest Manual- '-R. 15.51(2)(d)-Interpretation of rule-Amount in. excess of Rs. 100, held, can be received in cash only in exceptional circumstances.-[Interpretation of statutes]. (b) West Pakistan Forest Manual- R. 15.51(2)(f)-Realization by receipt-Provisions of r. 15.51(2)(f) of Manual being mandatory in nature, realization of money by a receipt printed or on a form prescribed for purpose, held, necessary and no receipt issued otherwise legal except when permits for petty quantities of forest produce or for grazing issued immediately on receipt of payment. (c) West Pakistan Forest Manual- -- R. 15.51(2) (d)-Payment in excess of Rs. 100-Fulfilment of requirements-Discussed. (d) West Pakistan Forest Manual- --R. 15.51(2)(d)-Contractual liability-Principle--Law requiring a thing to be done in a specified manner, such to be done only as specified and doing it otherwise invalid in law.-[Contract] Nazir Ahmad v. Emperor A I R 1936 P C 253 (2) and E. A. Evam v. Muhammad Ashraf P L D 1964 S C 536 ref. JUDGMENT This second appeal is directed against the judgment and decree dated 16-12-1970 passed by the learned Additional District Judge, Rawalpindi. 2. The facts necessary for the purpose of this appeal, briefly stated, are that the respondent submitted tender in September, 1961 for felling of trees from Forest compartment No. 48-I-D, Murree and on acceptance of his tender at a bid of Rs. 2,97,000.00 an agreement for sale was executed between him and the Forest Department of the Government of West Pakistan on 25-11-1961. According to the case of the respondent he deposited a sum of Rs. 10,000.00, as security whilst the balance amount of Rs. 2,87,000.00 was to be paid in instalments. It has been asserted in the plaint that an amount of Rs. 2,43,000.00 was paid by the respondent-plaintiff by deposit in Treasury through Treasury challans whilst Rs. 44,000.00 were paid by him in cash to the Range Officer who acknowledged the payment by endorsements made on the application of the petitioner for issue of permits. The cash payment was statedly misappropriated by the Range Officer who after Departmental inquiry was dismissed from service and a case was also…

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