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ASMA BEGUM versus COMMISSIONER KARACHI DIVISION


Civil Code 1908 Section 4 Civil Code (v. 1908), Section 35A = Constitution of Pakistan (1973), Article 199 Constitutional petition of landowners whose land was acquired by a Government-issued notification under Section 4 A constitutional petition was filed against the Land Acquisition Act, 1894, because such a constitutional petition was dismissed because it was deemed invalid due to the termination or return of the first set of acquisitions, thus, guaranteeing special prices. The cost of such land being acquired for the benefit of the company will have to bear the burden of such expenses. In exercising the constitutional jurisdiction of the High Court, judicial rules cannot be controlled by sub-constitutional legislation such as the Code of Civil Procedure 1908, thus, not subject to the provisions of section 35A, higher than the CPC price. Considered a Section 35A source, the CPC was given to landowners to be borne by the company for which the land was being acquired.

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