2008 PLP 694 (SCMR)
Malik GHIAS-UD-DIN — Petitioner Versus GOVERNMENT OF PAKISTAN through Secretary Interior and another — Respondents
| Citation | 2008 PLP 694 (SCMR) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Khalil-ur-Rehman Ramday, Falak Sher and M. Javed Buttar, JJ |
| Parties | Malik GHIAS-UD-DIN — Petitioner Versus GOVERNMENT OF PAKISTAN through Secretary Interior and another — Respondents |
| Primary Law | Notaries Ordinance (XIX of 1961) |
Q1: What are the key laws and sections cited in 2008 PLP 694 (SCMR)?
This judgment primarily cites: Notaries Ordinance (XIX of 1961) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2008 PLP 694 (SCMR)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Khalil-ur-Rehman Ramday, Falak Sher and M. Javed Buttar, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2008 PLP 694 (SCMR) (Malik GHIAS-UD-DIN — Petitioner Versus GOVERNMENT OF PAKISTAN through Secretary Interior and another — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Nemo for Respondents.
- Date of hearing: 21st October, 2004.
Headnotes / Summary
(On appeal from the order, dated 11-11-2002 of the Lahore High Court, Lahore passed in Writ Petition No.17868 of 2001).
S. 3
West Pakistan Notaries Rules, 1965
Negotiable Instruments Act (XXVI of 1881), S. 138
One of the questions which required determination was, whether provisions of West Pakistan Notaries Rules, 1965 to the extent that those denied the right of appointment as Notaries to persons other than legal practitioners as envisaged by Notaries Ordinance, 1961, were offensive and consequently ultra vires of provisions of said Ordinance
Another question which would also require examination was that Negotiable Instruments Act, 1881 was a special law vis-a-vis promisory notes, bills of exchange, cheques, etc. and appointment of Notaries Public in said connection
Issue would be whether provisions of Notaries Ordinance, 1961 could override provisions of S.138 of Negotiable Instruments Act, 1881
Petition for leave to appeal was allowed to resolve said question. Petitioner in person.
Judgment & Decree
KHALIL-UR-REHMAN RAMDAY, J.
The provisions of section 138 of the Negotiable Instruments Act (XXVI of 1881), authorize the Federal Government to appoint "any person" (emphasis is ours) by name or by virtue of his office to be a Notary Public under the said Act. The President of Pakistan issued Ordinance No.XIX of 1961 on 14-6-1961 being the Notaries Ordinance, 1961, which permitted a Provincial Government to appoint, as Notaries, "Legal practitioners or other persons" who possessed such qualifications as were to be prescribed by the rules. This Ordinance was followed by the West Pakistan Notaries Rules, 1965 gazetted on 5-1-1966 which, inter alia prescribed qualification for appointment as Notary. The said provisions of the said Rules envisage appointment as Notary only of a person who has a legal practice of at least five years. Meaning thereby, that "other persons" whose appointment as Notaries was envisaged by section 3 of Ordinance XIX of 1961 in addition to the legal practitioners had been deprived by these Rules of the right which the said Ordinance had conferred upon them.
2. The question which requires determination is whether the provisions of the West Pakistan Notaries Rules, 1965 to the extent that they denied the right of appointment as Notaries to persons other than the legal practitioners as envisaged by the Ordinance of 1961 were offensive and consequently ultra vires of the provisions of the said Ordinance, of 1961.
3. Another question which would also require examination is that the Negotiable Instruments Act (XXVI of 1881) was a special law vis-a-vis the Promissory Notes, Bills of Exchange, Cheques etc. and the appointment of Notaries Public in the said connection. The issue would be whether the provisions of Ordinance XIX of 1961 could override the provisions of section 138 of the Negotiable Instruments Act (XXVI of 1881).
4. To resolve these questions, we allow this petition and grant leave for the said purpose. H.B.T./G-50/SC Petition allowed.