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HAMID versus GUL MUHAMMAD


Section 5 (1) (BB) and 95 ESSession 95A shall apply to the areas covered by the Federation under section 5A of the Indian Government Act 1935 (BB; section 5 of the Act).

P L D 1958 (W. P.) Quetta 34

Before Inamullah and Munshi, JJ

HAMID and another‑Appellants

Versus

GUL MUHAMMAD Respondent

Second Appeal No. 43 of 1957, decided on 12th September, 1958, from the order dated 28th October 1957, of the Majlis‑i -Shura, Kalat.

(a) Baluchistan States Union (Interim Constitution) Act, 1952

, S. 59‑Notification No. 26, dated 9‑3‑1955 issued by the Secretary to Council of Rulers, Baluchistan States Union is Ordinance though word "ordinance" is not used therein.

(b) Baluchistan States Union (Interim Constitution) Act, 1952

, Ss. 53. & 59‑Difference.

A perusal of section 53 with section 59 of the Interim Constitution would show that there is a great difference between the two. Section 59 was applicable only so long as the Legislative Assembly had not come into being while section 53 came into operation only after the Legislature of the Union had come into being. Moreover, the action taken by the Council of Rulers for the peace and good government of the Union is quite different from an action taken by the Council of Rulers in the event of emergency.

(c) Government of India Act, 1935

, Ss. 5 (1) (bb) and 95‑A S. 95‑A applies to areas included in Federation.

Section 95‑A of the Government of India Act, 1935 would apply to the areas included in the Federation under clause (bb; of section 5 of the Act.

(d) Establishment of West Pakistan Act, 1955

, S. 10‑Law applicable to areas of former Baluchistan States Union‑Continues to be applicable.

(e) Court Fees Act (VII of 1870)

‑Application to Baluchistan States Union.

Muhammad Ashraf for Appellants.

Muhammad Fazil for Respondent.

Yahya Bakhtiyar as amicus curie.

Karam Elahi Khan for the State.

Date of hearing : 25th August and 4th September 1958.

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