P L D 1973 LAHORE 539
S.A. RAFI AND ANOTHER
V/S
GOVERNMENT OF WEST PAKISTAN AND OTHERS
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Per Shameem Hussain Kadri, J.(a) Constitution of Pakistan (1972) Art. 281
Constitution of Pakistan (1962) Art. 29 Enemy Property (Continuance of Emergency Provisions) Ordinance (I of 1969), S. 2 & Sched. read with Constitution of Pakistan (1962) Art. 29 and Constitution of Pakistan (1972), Art. 281—Vires of legislation— Non-approval of Ordinance (I of 1969), by Legislature due to its dissolution and promulgation of Martial Law—Does not render Ordinance illegal due to cover given it by Martial Law and later by Art. 281 of Constitution— Legislation being a necessary act for good of State and its subjects would not be struck down. [p. 542] D |
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