1981CLC876 (PLP)
AZAHIR ARMED‑Petitioner Versus ASSISTANT COMMISSIONER, FAISALABAD
| Citation | 1981CLC876 (PLP) |
| Forum / Court | Lahore |
| Bench Members | Gul Muhammad Khan and Muhammad Rafiy Tarar, JJ |
| Parties | AZAHIR ARMED‑Petitioner Versus ASSISTANT COMMISSIONER, FAISALABAD |
Q1: What are the key laws and sections cited in 1981CLC876 (PLP)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1981CLC876 (PLP)?
The case was heard and decided by the Lahore bench comprising: Gul Muhammad Khan and Muhammad Rafiy Tarar, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1981CLC876 (PLP) (AZAHIR ARMED‑Petitioner Versus ASSISTANT COMMISSIONER, FAISALABAD). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Representation
- Ch. Hamiduddin for Appellant.
- Riyasat Ali and Khalil‑ ur‑Rahman, A. A.‑G. for Respondents.
- Dates of hearing: 10th and 11th May, 1981.
Headnotes / Summary
Government Ordinance (VI of 1979)‑ ‑ Ss. 38 (2) & 31 read with Ss. 36 & 37‑Conduct of business‑In order to rely on S. 38 (2) of Ordinance, one has to show matter included in S. 31 of Ordinance being also covered by any of subjects as given in Ss. 36, 37 & 38 of Ordinance‑Situation covered by S. 31 of Ordinance concerns constitution of a Local Council and not with regard to its executive authority or conduct of business.‑[Interpretation of statute]. Allah Rachaya Khan v. Controlling Authority 1969 S C M R 127 and Abdul Majid v. Province of West Pakistan P L D 1964 Lah 531 ref. (b) Punjab Local Government Ordinance (VI of 1979)‑ ‑‑ S. 38 (2)‑No‑confidence vote‑‑Passing of a vote of no n confidence‑Not an order passed by Local Council but a special situation concerning constitution of Local Council itself‑Passing of vote of no‑confidence neither amounts to conducting business with regard to any of its functions nor amounts, to passing an order in exercise of any authority. Sh. Ghulam Mohiuddin v. Commissioner P L D 1957 Lah. 826 ref.
Judgment & Decree
Government Ordinance (VI of 1979)‑ ‑ Ss. 38 (2) & 31 read with Ss. 36 & 37‑Conduct of business‑In order to rely on S. 38 (2) of Ordinance, one has to show matter included in S. 31 of Ordinance being also covered by any of subjects as given in Ss. 36, 37 & 38 of Ordinance‑Situation covered by S. 31 of Ordinance concerns constitution of a Local Council and not with regard to its executive authority or conduct of business.‑[Interpretation of statute]. Allah Rachaya Khan v. Controlling Authority 1969 S C M R 127 and Abdul Majid v. Province of West Pakistan P L D 1964 Lah 531 ref. (b) Punjab Local Government Ordinance (VI of 1979)‑ ‑‑ S. 38 (2)‑No‑confidence vote‑‑Passing of a vote of no n confidence‑Not an order passed by Local Council but a special situation concerning constitution of Local Council itself‑Passing of vote of no‑confidence neither amounts to conducting business with regard to any of its functions nor amounts, to passing an order in exercise of any authority. Sh. Ghulam Mohiuddin v. Commissioner P L D 1957 Lah. 826 ref. Ch. Hamiduddin for Appellant. Riyasat Ali and Khalil‑ ur‑Rahman, A. A.‑G. for Respondents. Dates of hearing: 10th and 11th May, 1981.