| Citation(s) |
|---|
| 1959 SLG 361 1959 SLD 361 1959 PLD 470 |
Supreme Court of Pakistan
Civil Appeal No. 33-D of 1958, decided on 26th May 1959.
MUHAMMAD MUNIR, C.J., M. SHAHABUDDIN, A. R. CORNELIUS AND AMIRUDDIN AHMAD, JJ
Asrarul Hussain, Senior Advocate, Supreme Court (Meser Ali Advocate, Supreme Court with him), instructed by M. A. Rab, Attorney for Appellant. B. A. Siddiky, Advocate General East Pakistan, (Abdul Haye, Advocate Supreme court with him), instructed by A.W.
Civil Appeal No. 33-D of 1958, decided on 26th May 1959.
MUHAMMAD MUNIR, C.J., M. SHAHABUDDIN, A. R. CORNELIUS AND AMIRUDDIN AHMAD, JJ
Asrarul Hussain, Senior Advocate, Supreme Court (Meser Ali Advocate, Supreme Court with him), instructed by M. A. Rab, Attorney for Appellant. B. A. Siddiky, Advocate General East Pakistan, (Abdul Haye, Advocate Supreme court with him), instructed by A.W.
MOHAMMAD NUR HUSSAIN--Appellant
VS
THE PROVINCE OF EAST PAKISTAN and others --Respondents
Law:
Section:
(a) Constitution of Pakistan (1956), Art. 158 (c)-High Court's certificate for leave to appeal to Supreme Court--Granted in view of value of property and of important questions of law involved. (b) Requisition-Owner aware of order of requisition- Owner's objection to mode of service of order only of technical nature--Not sufficient ground for issue of writ. (c) Bengal General Clauses Act (I of 1899), S. 25-Original delegatior1 of powers to requisition property notified under an Ordinance continues during the interregnum where ordinance was passed into Act by legislature after expiration of six weeks from its first meeting. (d) Government of India Act, 1935, Sch. VII, List 11, 9-"Acquisition" includes "requisition"-East Requisition of Property Act (X111 of 1948)- "Acquisition" is not a term of art and has, therefore, to be construed in its ordinary meaning, which covers in the context in which it is used the acquiring of all kinds of rights or interests in land. It does not necessarily imply the acquiring of proprietary rights though when contrasting such acquisition with that of a lesser kind of rights such as requisition, "acquisition" is generally used to convey the obtaining of proprietary rights while requisition, is confined to the 'mere taking of possession for a limited or unlimited period. But, from this distinction it does not follow that they are entirely different concepts and cannot therefore be reasonably covered by the same expression. By virtue of Item 9 of the Second Legislative List, Government of India Act, 1935, the Province was invested with Legislative competence to pass the East Bengal (Emergency) Requisition of Property Act (XIII of 1948). Mira Khan and others v. Meharban Hussain and others P L D 1956 Kar. 338 ; Usman Bhai v. The Federation of Pakistan and another P L D 1956 Kar. 25 ; Attorney-General and De Kayser's Royal Hotel Ltd. 1920 A C 508, 528 ; Meghraj and another v. Allah Rakhia and others P L D 1947 P C 25 ; Shyam Kishan v. The State of Punjab and others A I R 1932 Pb. 70 and Province of Bengal v. Board of Trustees for the Improvement of Calcutta A I R 1946 Cal. 416 ref. Ajit Kumar Das v. Province of East Pakistan P L D 1958…
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