| Citation(s) |
|---|
| 1959 SLG 125 1959 SLD 125 1959 PLD 980 |
Lahore High Court
Civil Miscellaneous No. 1017 of 1959 in Civil Revision No. 94 of 1959, decision Date : 11th August 1959. hearing Date : 30th June 1959.
SHABIR AHMAD, JUSTICE, MASUD AHMAD, JUSTICE
Khurshid Ahmad for Petitioner. Abdul Rasheed for
Respondent.
Civil Miscellaneous No. 1017 of 1959 in Civil Revision No. 94 of 1959, decision Date : 11th August 1959. hearing Date : 30th June 1959.
SHABIR AHMAD, JUSTICE, MASUD AHMAD, JUSTICE
Khurshid Ahmad for Petitioner. Abdul Rasheed for
Respondent.
MESSRS NAWA I WAQAT PUBLICATIONS LTD.
VS
MESSRS LAKSHMI INSURANCE COMPANY
Law: General Clauses Act, 1897
Section: 6,30,4
(a) General Clauses Act (X of 1897), Ss. 6 & 30 Word"Act" includes"Ordinance". (b) General Clauses Act (X of 1897), Ss. 6 & 4-- Simple repeal or repeal and re enactment with or without modifications---¬S. 6 applicable in either case. State of Punjab v. Mohar Singh A I R 1955 S C 84 and Indira Sohanlal v. Custodian of E. P. A I R 1956 S C 77 ref. (c) General Clauses Act (X of 1897), S. 6-- Proceedings under repealing enactment Continue if contrary intention not apparent from repealing enactment. (d) Pakistan (Administration of Evacuee Property) Act (XII of 1957), S. 43 A as substituted by Pakistan (Administration of Evacuee Property) Ordinance (XXII of 1959), S. 5 Doing away with provi¬sion for private person's revision petition in High Court Revision petitions pending in High Court under old S. 43 A, Pakistan (Admi¬nistration of Evacuee Property) Act (XII of 1957) Continue to be governed by law in force at time they were instituted General Clauses Act (X of 1897), S. 6. Condicalo Hypolito Constancio Noronha v. Damji Devi Ji and others 1954 A C 49 ; The Colonial Sugar Refining Company Limited v. Irving 1905 A C 369 and Karim Shall v. Mst. Zinat Bibi I L R 22 Lah. 773 ref. JUDGMENT SHABIR AHMAD, J.--- On the 24th of March 1959, Messrs Nawa i Waqt Publications Limited presented to this Court a petition (Civil Revision No. 94 Of' 1959) under section 43 A of the Pakistan (Administration of Evacuee Property) Act, XII of 1957, as amended by the Pakistan (Administration of Evacuee Property) (Amendment) Act XLV of 1958 against the order passed by the Custodian, Evacuee Property, Punjab, orl the 1st of June 1955, whereby it. had been held, inter alia that Lakhshmi Insurance Company Limited was not an evacuee concern. The petition was considered at the preliminary hearing by my brother Kaikaus, J. who directed notice to issue to Messrs. Lakhshmi Insurance Company. On the 11th of June 1959, the application (Civil Miscellaneous No. 1017 of 1959), which will be disposed of by this order, was presented by Sh. Abdul Rashid Advocate on behalf of Lakhshmi Insurance Company, the respondent to the revision petition, and in this application it was prayed that as, because of…
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