Law:

Section:

(a) Registration Rules, 1929---R.126---Registration Act (XV of 1908), S.33---If somebody appealed before the Sub-Registrar, and claimed to be the trustee executant, that by itself was not enough to show that he was truly representing the trust and inquiry by the Sub-Registrar, in that behalf was a must. (b) Prevention of Corruption Act (II of 1947)--S.5(2)- Martial Law Order (C.M.LA.'s) No.72---Constitution of Pakistan (1973), Art.185(3)---Appeal to Supreme Court was supported by the 'contention that conviction of accused was without jurisdiction inasmuch as on the face of the charge against the accused, no offence under M.L.O. 72 and S.5(2), Prevention of Corruption Act, 1947 was made out---Enough material was, however, available to show that accused was rightly found guilty--­Conditions of coram non judice or lack of jurisdiction having not been satisfied nor there being any question of mala fides, Supreme Court declined interference. Federation of Pakistan v. Malik Ghulam Mustafa Khar PLD 1989 SC 26 ref. JUDGMENT MUHAMMAD AFZAL ZULLAH, CJ.---In this appeal through leave of the Court the leave grant order is as follows: "Petitioner seeks leave to appeal from the judgment of the High Court of Sindh dated 6th March, 1989 whereby the petitioner's Constitution Petition was dismissed in limine on the ground that the petitioner's conviction by the Summary Military Court could not be challenged unless it was coram non judice, without jurisdiction or mala fide. "Petitioner alongwith others was convicted under M.L.0.72 and section 5(2) of the Prevention of Corruption Act, 1947. It is submitted by the learned counsel for the petitioner relying on Federation of Pakistan v. Malik Ghulam Mustafa Khar (PLD 1989 SC 26) that the conviction was without jurisdiction inasmuch as on the face of the charge against the petitioner no offence under M.L.0.72 and section 5(2) of the Prevention of Corruption Act, 1947 was made out. It may be stated that according to the learned counsel of the petitioner, the petitioner has served out the sentence of imprisonment awarded to him but the mount of fine imposed on him has not been so far recovered from the petitioner. "The contention raised…

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