Case Details

Citation(s)
1969 SLG 240 1969 SLD 240 1969 PLD 452
Supreme Court of Pakistan
Civil Petitions for Special Leave to Appeal Nos. K-142 to K-148 of 1968, decision dated: 22nd May 1969.
MUHAMMAD YAQUB ALI AND M. R. KHAN, JJ
A. K. Brohi, Senior Advocate Supreme Court (Zia Qureshi, Advocate Supreme Court with him) instructed by Ahmedullah Farooqi, Attorney for Petitioners. Nemo.

FATOOMAL AND 3 others

VS

REHABILITATION. COMMISSIONER, KHAIRPUR DIVISION AND 3 OTHERS C. P. S. L. A. 143 of 1968 DEPOMAL AND 6 others vs REHABILITATION COMMISSIONER, AND 8 OTHERS C. P. S. L. A. No. K-14 4 of 1968 BODOMAL AND 8 others vs REHABILI

Law:

Section:

Pakistan (Economic Rehabilitation) Ordinance (XIX of 1948),Pakistan (Protection of Evacuee Property) Ordinance (XVIII of 1948), Pakistan (Administration of Evacuee Property) Ordinance (XV of 1949). Rehabilitation Settlement Scheme, Displaced Persons (Land Settlement) Act (XGVII of 1958) and Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958)-Evacuee Laws of Pakistan-Validly extended to former State of Khairpur--Words "al relations with other Dominions or countries and all matters relating thereto or having a bearing thereon," in cl. 4 of Schedule to Supplementary Instrument o' Accession executed by Ruler of Khairpur on 14-2-49--Confer on Government of Pakistan the power to extend application of &n6uee laws to Khairpur State. The question before the Supreme Court was whether the Evacuee Laws enacted by Pakistan were validly extended to the former State of Khairpur. Special leave to appeal to Supreme Court was prayed for on the ground that clause 4 in the Schedule to the Supplementary Instrument of Accession executed by the Ruler of Khairpur on 14-2-49, did not cove: the subject of Evacuee laws and as such the Evacuee laws of Pakistan were not validly extended to the former Khairpur State: Held, the words used in clause 4 of the Supplementary Instrument of Accession read in the context of the Statement of Objects and Reasons to the Government of India (Second Amendment) Act, 1948, clearly made out the intention to confer on the Government of Pakistan, the power to extend the applica­tion of Evacuee laws to Khairpur State. Indeed the primary consideration in construing an instrument is to ascertain the intention of the parties to instrument. The intention of bottles Government of Pakistan and the Chairman of the Board of Regency of Khairpur is manifest by the action taken by them almost immediately on the signing of the Supplementary Instrument of Accession. The Instrument was ,signed by the Chairman of the Board of Regency on the 14th February 1949, and within a week the Government of Pakistan by Notification dated 21st February 1949, extended the Pakistan (Protection of Evacuee Property) Ordinance XVIII of 1948 and Pakistan (Economic…
🔒
Continue readingLogin or create an account to access the complete content.Login / Register

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492