Jn Re L Mst. ZEB HAMIM KHAN vs NOT — 1972 PLD 177

Citation: 1972 PLD 177

Court: Sindh High Court

Year: 1967

Decision Date: 1967-01-16

Parties: Jn Re L Mst. ZEB HAMIM KHAN vs NOT

Headnotes

Case cited as PLD 1972 Karachi 177

Judgment Text

Court Name: Sindh High Court Judge(s): A. S. Farooqi Title: Jn Re L Mst. ZEB HAMIM KHAN vs NOT Case No.: Miscellaneous Application No. 33 of 1966 Date of Judgment:1967-01-16 Reported As: PLD 1972 Karachi 177 Result: Reference answered Judgment ORDER This is a reference by the Additional Registrar (O. S.) on the question whether court-fee under the Act of 1889 is leviable also in respect of succession certificate granted by this Court under the Carriage by Air (International Convention) Act IX of 1966. Having received this reference I issued notice to the A. A.-G. And I have today heard the learned Advocate. General Raja Said Akbar for the State and Wing Commander K. M. Akbar, Advocate for the petitioner, to whom the certificate In this case was granted. The learned Advocate-General with reference to rule 6 of the 2nd Schedule of Act IX of 1966 urged that the succession certificate contemplated under this Act is the same certificate as a succession certificate under the Act of 1889. This rule provides that "any person competent to bring an action under rule 2 may apply to the District Judge having jurisdiction to issue a succession certificate following the death of the passenger for the grant of a certificate to the effect that only the persons named therein are the members of the passenger's family for whose benefit the liability is enforceable under rule 1." The argument was that though this Act or the rules in the 2nd Schedule do not expressly provide for the payment of…

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