Law:

Section:

(a) Judicial proceedings------Validity---Test---Such proceedings cannot be valid unless they proceed upon inquiry and render only after trial. Treatise on the Constitutional Limitations by Thomas M. Cooley (English Edition Vo1.tI) at p.736 ref. (b) Interpretation of statutes--- ----"Law of the land"---,Legislative enactment is not necessarily the law of the land. Treastise on the Constitutional Limitations by Thomas M. Cooley (English Edition Vo1.II) at p.736 ref. (c) West Pakistan Acquisition of Property (Residence of Government Officials) Ordinance (XXV of 1963)--- ----Preamble---Constitution of Pakistan (1973), Art.199---Constitutional petition---Property had been allotted under Settlement laws and Permanent Transfer Deed had been issued---Martial Law Order No. 115 by Martial Law Administrator Zone "B" was issued to acquire the said property--­Constitutional petition was filed to assail the validity of the acquisition of the property---Validity---High Court while allowing the petition had held that West Pakistan Acquisition of Property (Residence of Government Officials) Ordinance, 1963 did not qualify as law, as the same was passed for the purposes of acquiring one property of ~a single individual and was not general in nature---Ordinance issued was a legislative which the Legislature was not permitted by the Constitution to pass as the same would be encroaching the field reserved for the judiciary. (d) Legislative --- ---- Connotation and scope--- Legislation when a legislative --­Distinctive features---Ordinance promulgated for the purpose of acquiring property of a single individual and was not general in nature was a legislative which was not permitted by the Constitution as the issuance of such an Ordinance would be encroaching the field reserved for judiciary. Fauji Foundation and another v. Shamimur Rehman PLD 1983 SC 457; Young v. Sun Alliance and London Insurance Ltd. (1976) 3 All ER 561; Nawabzada Muhammad Umar Khan through Legal Heirs and 4 others v. Pakistan through Secretary, Cabinet Division and 2 others PLD 1982 Pesh. 1 and Pakistan through Secretary, Cabinet Division, Islamabad and others v. Nawabzada Muhammad Umar Khan and others 1992 SCMR…

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