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SHAMSUS SALAM SIDDIQUI versus HIZABRUDDIN HUSSAIN


Section 281 and 282 read with the Municipal Administration Ordinance (X of 1960), Section 4 (2) and the rules of continuation of rules of the West Pakistan Municipal Committee (Buildings and Land Tax) Rules, 1962, including Schedule VIII of Act XVII of 1933. Was not included in Chapter II. Contradictory to the ordinance or any existing rules, it remained in force until the new rules were made in 1962.

1981 C L C 31

[Karachi]

Before Zaffar Hussain Mirza and Sajjad Ali Shah, JJ

SHAMSUS SALAM SIDDIQUI‑Appellant

versus

Syed HIZABRUDDIN HUSSAIN‑Respondent

Letters Patent Appeal No. 76 of 1968, decided on 17th March, 1980.

(a) City of Karachi Municipal Act (XVII of 1933)‑

---Ss. 281 & 282 read with Municipal Administration Ordinance (X of 1960). S. 4(2) and West Pakistan Municipal Committee (Buildings and Land Tax) Rules, 1962‑Rules‑Continuity‑Rules contained in Chapter II of Schedule VIII of Act XVII of 1933 being not inconsistent with Ordinance or any existing Rules, held,, continued to remain in force until new Rules framed in 1962.

Punjab Association Club v. Corporation of Lahore P L D 1963 Lah. 380 and Muhammad Amin v. Jamshed Ali P L D 1967 Lah. 856 ref.

(b) Municipal Administration Ordinance (X of 1960) --

‑‑ S. 4(2) read with West Pakistan Municipal Committee (Buildings and Land Tax) Rules, 1962, r. 2‑Assessment of tax‑Karachi Municipal corporation, held, competent under old rules to alter assessment of tax on buildings in its jurisdiction before 1‑7‑1962 as fixed by r. 2 of Rules, 1962.

Karachi Municipal Corporation and Statutory Body v. Eduljee Dinshaw Ltd. P L D 1974 Kar. 328 ref.

Z. U. Ahmed for Appellant.

M. M. K. A. Zai for Respondent.

Date of hearing : 4th March, 1980.

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