Law: Press (Emergency Powers) Act, (XXIII of 1931)

Section: 23,12(3),27Rule20,7(3)

Law: High Court (Lahore) Rules and Orders

Section: Vol.V,Ch.7A­

Law: Civil Procedure Code (V of 1908)

Section: 151,47,141.O.XXIr.24

(a) Press Emergency Powers Act (XXIII of 1931), S. 23­---Whether High Court could stay order as to deposit of security. (Query). If a stay order is at all granted by the High Court, it has the effect of postponing the date of deposit till the decision of the petition lodged under section 23 of the Act. It only means that the petitioner would not incur any penalty under section 12 of the Act till such time as the High Court had dealt with the matter finally. (b) Press Emergency Powers Act (XXIII of 1931), S. 12 (3), -Security not deposited-Declaration deemed annulled-High Court, whether has power to undo annulment-Civil Procedure Code (V of 1908), S. 151. The High Court exercises a limited jurisdiction under the Press Emergency Powers Act and it has no jurisdiction to pass an order which would, in effect, avoid the consequences attaching to default under section 12 of the Act. In view of the special nature of the jurisdiction under the Act, the inherent powers under section 151 of the Civil Procedure Code can not be pressed into service by the petitioner. (e) Press Emergency Powers Act (XXIII of 1931), S. 27­-Rule 20 of High Court Rules and Orders Vol. V, Ch. 7-A­Rule applicable only to orders Passed by High Court. Rule 20 provides that " The provisions of the Code of Civil Procedure and Rules and Orders relating to the execution of decrees shall be applicable to the execution of orders passed by the High Court on petitions under section 23 of the Press (Emergency Powers) Act 1931." The order of the Punjab Government, requiring the deposit of security under section 7 (3) of the Act is not an order of the High Court passed under section 27 of the Act such as could be executed by virtue of that section. Sections 47, 141 and .O. XXI r. 24 of Civil Procedure Code have no bearing where the order is not passed by the High Court. ORDER S. A. RAHMAN, J.-The facts giving rise to this petition are as follows. On the 24th of January 1951, a notice was issued by the Punjab Government under section 7 (3) of the Press (Emergency Powers) Act 1931 (hereinafter referred to as the Act) to M. Abdul Hamid Nizami, publisher of the Urdu Daily " Nawa-i-Waqt " calling upon him to…

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