ORDINANCE, 1964 (I OF 1964)




Prior Iermission for
—Prior permission of specified authority for registration of a
deed of transfer of immovable property by a member of the minority community
Section 4 having been declared ultra vires of the Constitution. view taken by
the High Court Division — Supreme Court pending hearing of appeal stayed
operation of judgment of the High Court — Deed of transfer registered without
requisite permission during the period the operation of judgment of the High
Court remained stayed — Whether the transfer in the absence of permission valid
— Constitution of Pakistan (1962). Arts, 6, 58, and 93 and Fundamental Right
No. 13.

Ful Ghand Das and others Vs. Mohainmad Haininad and others; 3BLD

Ref: 17 DLR (Dacca) 451; (1929) 278 US 515; N.S. Bindra:
Interpretation of statutes (Sixth Edition) Page 592.



in a suit for specific performance of contract—When it will start ? —Whether
limitation will run from the expiry of the period mentioned in the notice by
the plaintiff to the defendant to perform the contract after obtaining
necessary permission for execution and registration of the sale deed or from
the expiry of the Ordinance putting embargo on execution and registration of
the sale deed with permission—Upon true construction of the relevant clause of
the agreement it would appear that the plaintiff could ask for the deed amicably
or through Court both after the expiry of the Ordinance and during the
continuance of the Ordinance upon fulfilling conditions thereof — Finding as to
limitation that the suit filed within three years from the expiry of the
Ordinance is justified — — Limitation Act (IX of 1908) Art. 113.

Rustain Dhali and others V.c. Sekander Dhali and others; 7BLD(AD)15i



Forfeiture and
settlement after expiry of the Ordinance whether valid and legal
— — Suit
property forfeited and settled by the Deputy Commissioner on 27th and 30th
October, 1969 respectively under the Disturbed Persons (Rehabilitation)
Ordinance of 19M which expired on and from 1st April. 1969— Forfeiture and
settlement held illegal.

Alim Mohammad Vs.



Cancellation of the
registration of medicines
— Whether licencing authority without
recommendation from the Drug Control Committee can cancel registration of
medicines — The licencing authority has no independent power to cancel the
registration of medicines — It can only do so when such cancellation is
recommended by the Drug Control Committee — The petitioners is also entitled to
a show cause notice and a hearing before the licencing authority before the
registration of his medicines is cancelled — Without following these
procedures. the Iicencing authority cannot arbitrarily and unilaterally cancel
the registration of the petitioner’s registration of medicines.

Ruhul Ainin Vs. The Director, Drug Administration and Licencing
Authority (Drugs); 7BLD (HCD) 182