Municipal Account Code 1930

Ch. V, rr. 13 & 32-A-Municipal Administration Ordinance (X of 1960), S. 33-Sale of Goods Act (III of 1930), Ss. 4, 18, 23, 24, 25 & 62-Oil Company having Regional Office at L bringing goods within municipal limits of F and re-exporting to Company's own premises outside municipal limits of F-Levy of octroi Nothing on record showing any inquiry having been made by municipal authorities at F to ascertain as to terms and conditions of sale transaction made at Regional Office in pursuance whereof re-export was done-Municipal authority at F initiating proceedings for recovery of octroi amount on basis of Goods supplied to "non company's premises"-"Contract of sale" and "actual sale "Distinction-Test for determining passing of ownership-Parties to agreement can exclude any of terms or conditions which law usually attaches to contract of sale and create for themselves any special rights and obligations that they please - Held, question of fact cannot be determined without reference to actual term of contract where

Arts. 185(3) & 280-Constitution of Pakistan (1972), Art. 281West Pakistan Private Colleges (Management and Control) Ordinance (XX of 1970), S. 8(1) - Gordon College, Rawalpindi Order, 1972 [M. L. A. Zone `C'] No. 234, para. 8 [as amended by Gordon College, Rawalpindi (Amendment) Order, 1972 [M.L.A. Zone `C'] No. 234, para. 3 - Leave to appeal granted to consider contentions (1) that order of suspension of College teacher bad been merely a repetition of earlier order which was illegal and as such same could not have beers revived (2) that Martial Law Order, 1972 [Zone `C'] Nos. 234 & 255 though given general protection by Art. 281, Constitution of Pakistan (1972) were deemed repealed by Art. 280, Constitution of Pakistan (1973) and as such even if they retained position of sub-constitutional legislation, their virus could be questioned in Courts of law, (3) that Martial Law Order, 1972 [Zone `C'] Nos. 234 & 255 were ultra vires of legal norm as they placed unqualified discretion in hands of Administrator of

Ground rent payable to Committee-Power to enhance-Rests in the Committee and not the Executive Officer or Lands Officer-S. 173 inapplicable,