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P L D 1976 PESHAWAR 66

MUHAMMAD ASLAM KHAN AND OTHERS

V/S

FEDERAL LAND COMMISSION AND OTHERS


Per Abdul Hakeem Khan, J.
(a) Constitution of Pakistan(1973) Art. 268, 69 & 75(3)

—Para. 29—Land Reforms (Amendment) Bill, 1975—Constitution of Pakistan (1973), Arts. 268, 69 & 75(3)—Contention that President’s previous sanction not having been obtained, amending Act ultra vires the Constitution—Mere statement of respondent, Chairman, Federal Land Commissioner’s Counsel—Not enough to dislodge allegations vehemently and seriously made—Respondents, held, clearly under duty to file written statement and counter affidavit to reinforce initial presumption of previous sanction of President having been obtained—No non abstante clause in Art. 268(2) occurring so as to take it out of generality of law made by Arts. 69 & 75(3) and nothing appearing in express language or by clear intendment to invalidate laws moved without previous sanction of President—Previous sanction of President—Mere technicality and not going to root of jurisdiction–Enactment validated on subsequent assent of President—Maxim: Quod fieri non debuit factum—[Interpretation of statutes]. [pp. 78, 79, 80] C, F & G

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