Pir SARFRAZ AHMAD vs GOVERNMENT OF PAKISTAN THROUGH THE SECRETARY, — 1971 SCMR 557

Citation: 1971 SCMR 557

Court: Supreme Court of Pakistan

Year: 1970

Decision Date: 1970-12-31

Parties: Pir SARFRAZ AHMAD vs GOVERNMENT OF PAKISTAN THROUGH THE SECRETARY, JUDGMENT

Headnotes

Case cited as 1971 SCMR 557

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Hamoodur Rahman, Sajjad Ahmad Jan, Muhammad Yaqub Ali Khan Title:Pir SARFRAZ AHMAD vs GOVERNMENT OF PAKISTAN THROUGH THE SECRETARY, JUDGMENT Reported As: 1971 SCMR 557 Result: Appeal partly accepted Judgment JUDGMENT HAMOODUR RAHMAN, C. J.---This appeal, by special leave, arises out of a judgment of a Division Bench of the High Court of West Pakistan, Karachi Seat, dismissing a petition under Article 98 of the Constitution of 1962, wherby the validity of a notification of the then Provincial Government issued on the 23rd of January 1967, purporting to terminate the appointment of the appellant as a Notary Public within the local limits of the Nawabshah District, was sought to be challenged. The appellant was, it appears, by a notification issued on the 27th of June 1963, in exercise of the powers conferred by section 138 of the Negotiable Instruments Act, 1881 read with the late Government of India (Home Department Judicial) Notification No. 267/37-Judicial, dated the 23rd December 1938 appointed by the then Governor of West Pakistan, as a Notary Public within the local limits of the Nawabshah District for an indefinite period. Section 138 of the Negotiable Instruments Act reads as follows :- "The Central Government may, from time to time, by Notification in the official Gazette, appoint any person, by name or by virtue of his office, to be a notary public under this Act and to exercise his functions as such within any local…

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