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AHMED SAEED versus MUHAMMAD SHARIF


Section 100 Second appeal is held by arbitral exercises or by courts under clear adjudication, can only be intervened if the courts below work against the oblique or prescribed rules of law [Second Appeal]

1981 C L C 254

[Karachi]

Before Saeeduzzaman Siddiqui, J

AHMED SAEED‑Appellant

versus

MUHAMMAD SHARIF‑Respondent

Second Appeal No. 89 of 1978, decided on 31st March, 1980.

(a) Municipal Administration Ordinance (X of 1960)‑

S. 4(2)‑Assessment‑Rules not framed under Ordinance‑Assess ment made under existing rules under old Act, so far as not inconsistent with or contrary to provisions of Ordinance, held, to be considered as valid assessment.

Noor Khan v. Abdullah P L D 1976 Kar. 862 ; Muhammad Amin v. Jamshed Ali P L D 1967 Lah. 856 ; Punjab Association Club v. The Corporation of Lahore, etc. P L D 1966 Lah. 380 ; Zakarya Noor Muhammad v. Karachi Municipal Corporation Petition No. 285 of 1.964 and Tahir A. Khairullah v. Mst. Zarifunnisa P L D 1968 Kar. 182 ref.

(b) Displaced Persona (Compensation and Rehabilitation) Act (XXVIII of 1958)‑

S. 30‑Assessment‑Latest assessment as contemplated under S. 30 of Act‑One made for. first time by Municipality or Local Body after transfer of property in favour of transferee.

(c) Civil Procedure Code (V of 1908)‑

S. 100‑Second appeal‑Discretion‑Exercise or non‑exercise of discretion by Courts below, held, can only be interfered with in Second appeal if Courts below acted perversely or against settled principles of law.‑[Second appeal].

Abdul Bashir v. Muhammad Rafiq Khan Sherwani P L D 1974 Kar. 451 ref.

Niazi A. Khaliq for Appellant.

Muhammad Habibur Rehman Khan Afreedi for Respondent.

Date of hearing : 25th May 1980:

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