Law:

Section:

(a) Constitution of Pakistan, Art. 160-Leave to appeal­-Grant of ex debito justitiae-Not hedged about with considerations of technical nature. The grant of special leave b the Supreme Court in exercise of its power under Article 160 of the Constitution is made ex debito justitiae, and is not hedged about with any considerations of a technical nature. Where the party seeking relief is an aggrieved party, and it appears that no other mode of relief is available to it in law, this Court has exercised power under that Article to examine the case raised by such party. Where injury had clearly been caused to appellants who had applied for special leave to appeal, leave was granted; and the question of locus standi of the petitioners to institute and pursue the appeal, which question required examination of facts, was left to be dealt with at the hearing. (b) "Allottee"-Not a term of art in law-Proper construction of term to be determined from practice of Rehabilitation Depart­ment. The expression "allottee" is not a term of art in law, and for its proper construction reliance may properly be placed upon the practice of the Rehabilitation Department to which the operation of the relevant law has been entrusted. The Rehabilitation Department allotted a cinema to 9 persons whose shares were fixed in the annual income, which was fixed at Rs. 43,000 for this purpose. The actual income, however, was much more than this amount, to wit, Rs. 1,17,000, being the amount of bid for the right to manage the cinema, which, by rules, was to be auctioned among the allottees of the concern. The Rehabilitation Department was thus in a position to allot to some other persons allottee certain shares out of the surplus of Rs. 1,17,000 left after paying out the shares of the 9 original allottees. Held, that the "other persons" who were allotted shares out of the surplus were entitled to bid at auction of the right of managership of the cinema at subsequent occasions and thus were proper parties to any litigation in regard to that right. (c) Discretion-Power to make an appointment at discretion includes power to dismiss, or to fix terms and conditions of appoint­ment. Where the power to…

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