A. M. MAHIUL HUQ vs MD. SHAMSUL ALAM AND Another — 1971 SCMR 59

Citation: 1971 SCMR 59

Court: Supreme Court of Pakistan

Year: 1970

Decision Date: 1970-12-31

Parties: A. M. MAHIUL HUQ vs MD. SHAMSUL ALAM AND Another

Headnotes

Case cited as 1971 SCMR 59

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Hamoodur Rahman, Mujibur Rahman Khan Title: A. M. MAHIUL HUQ vs MD. SHAMSUL ALAM AND Another Case No.:Civil Petition for Special Leave to Appeal No. 58-D of 1970 Petition No. 158 of JUDGMENT Reported As: 1971 SCMR 59 Result: Petition dismissed Judgment JUDGMENT HAMOODUR RAHMAN, C. J.-The first respondent in this case was appointed a Nikah Registrar of ten Union Councils within Rangunia Police Station in the district of Chittagong on the 30th of May 1966, as the petitioner, who had been appointed earlier as a Nikah Registrar for the same Union Councils, was finding it difficult to cope with the work in the area. The petitioner appealed to the Government against this appointment under sub-rule (5) of rule 7 of the East Pakistan Muslim Family Laws Rules, 1961, framed under the Muslim Family Laws Ordi--nance, 1961. The appeal was heard by the Secretary, Judicial Department, Government of East Pakistan, who by his order of the 4th of April 1968, cancelled the appointment of the said respondent, Shamsul Alam. The respondent challenged this order of cancellation by a petition under Article 98 of the late Constitution in the High Court of East Pakistan. The present petitioner was a party to those proceedings. He supported the order of cancellation on the ground that two Nikah Registrars could not be appointed for the same area. The High Court on the wording of subsection (2) of section 5 of the Muslim Family Laws Ordinance, 1961,…

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