miscellaneous applications or petitions under Article 98 of the Constitution. The view which we have taken finds support from a recent judgment of the Supreme Court reported in M. M. Mansur Ali v. Arodhendu Shekhar Chatterjee and others — 1969 PLD 37

Citation: 1969 PLD 37

Court: Lahore High Court

Year: 1971

Decision Date: 1971-12-31

Petitioner: MESSRS ASSOCIATED CEMENT COMPANIES LTD., BOMBAY THROUGH ITS DULY JUDGMENT

Headnotes

where after reproducing section 83, their Lordships observed :- "It will be seen that subsection (2) is a complete bar for an alien enemy residing in a foreign country to bring an action in the Courts of Pakistan, but where such an enemy is residing in Pakistan with the permission of the Central Government, he like an alien friend, can sue in the Courts of Pakistan as if he were a citizen of Pakistan. In the said judgment, the Supreme Court remanded the case to the trial C.

Judgment Text

Court Name: Lahore High Court Judge(s): Zakiuddin Pal, Karam Elahi Chauhan Title:MESSRS ASSOCIATED CEMENT COMPANIES LTD., BOMBAY THROUGH ITS DULY JUDGMENT Reported As: 1972 PTD 97 Result: Petition dismissed Judgment JUDGMENT K. E. CHAUHAN, J.---This judgment will dispose of two writ petitions, namely, W. P. No. 900 of 1970 and W. P. No. 901 of 1970. 2. Messrs Associated Cement Companies Limited (herein--after called the enemy company) was a company incorporated and registered in India (Bharat). It had huge cement factories at Wah and Rohri. Its land, factories, property and assets etc., were all acquired by the Government by contract or otherwise under the acquisition laws. The price or certain payment in that respect was to be made to the company according to the terms of the respective agreements in this behalf in Bombay. The net price was to be worked out after deducting all taxes payable under the relevant Pakistan Laws which the Company undertook to pay. In 1965, when war broke out between India and Pakistan, the petitioner was treated as an alien enemy (or as an enemy company) and a Deputy Custodian of its property was appointed under rule 182 of the Defence of Pakistan Rules read with the Enemy Properties (Continuance of Emergency Provisions) Ordinance, 1969. The first relevant Notification in this respect is Annexure R/1 dated 29-9-1965 and reads as follows :- "Government of West Pakistan Industries, Commerce and Mineral Resources Department NOTIFICATION The 29th…

Read the full judgment on Al Wakeelo — Pakistan's AI-powered legal research platform.