Law: West Pakistan Motor Vehicles Ordinance (XIX of 1965)

Section: 119,35

Law: Constitution of Pakistan, 1973

Section: 199

Law: North West Frontier Province (Seizure and Disposal of Motor Vehicles) Rules, 1999

Section: 8,9

Law: West Pakistan General Clauses Act, (IV of 1956)

Section: 22

(a) West Pakistan Motor Vehicles Ordinance (XIX of 1965)--- ----S. 119---West Pakistan General Clauses Act (VI of 1956), S.22--­Framing of Rules---Publication and commencement of Rules--­Precondition---Framing of Rules under S.119, West Pakistan Motor Vehicles Ordinance, 1965---Scope---Such rule-making power has been made subject to the condition that the rules are made after previous ,publication---Rules so framed have to be published in the Official Gazette and the same came into force on the date of such publication. (b) West Pakistan Motor Vehicles Ordinance (XIX of 1965)--- ----S. 35---North-West Frontier Province (Seizure and Disposal of Motor Vehicles) Rules, 1999, R.8---Constitution of Pakistan (1973), Art.199--­Constitutional petition---Confiscation of vehicles and cancellation of registration certificates--Vehicles owned by petitioners were confiscated by Authorities under the provisions of R.8, North-West Frontier Province (Seizure and Disposal of Motor Vehicles) Rules, 1999---Contention raised by petitioners was that Authorities had given retrospective effect to the rules, as the vehicles were confiscated on 3-4-1999 whereas the Rules were enforced on 5-4-1999---Validity---Notification did not have retrospective effect, hence the order of confiscation was void ab initio, illegal and without lawful authority and was unsustainable---Such order of confiscation was set aside in circumstances. Dr. Shahida Nasreen, Additional Medical Superintendent, Services Hospital, Lahore v. University of the Punjab through Vice-Chancellor PLD 1999 Lah. 207 ref. (c) North-West Frontier Province (Seizure and Disposal' of Motor Vehicles) Rules, 1999-- ----R. 9---Constitution of Pakistan (1973), Art. 199---Constitutional petition---Maintainability---Non-availing of remedy of .appeal---Right of appeal was provided against order of confiscation of vehicle under the provisions of R.9 of North-West Frontier Province Rules, 1999---Order of confiscation was passed prior to coming into force of the rules ---Validity--­Where order was passed on. a day when the rules were not in existence, such order was void ab initio. JUDGMENT MIAN SHAKIRULLAH JAN, J.---Haji Mushtaq Ahmad Khan,…

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