Saturday, 4 August 2012

Creation of Pakistan under Independence Act 1947

A landmark judgment that shows the creation of Pakistan legally by an act of the parliament of India.

Citation Name  : 1958  PLD  175     KARACHI-HIGH-COURT-SINDH
  Side Appellant : MIR ABDUL HUSAIN KHAN
  Side Opponent : THE PROVINCE OF WEST PAKISTAN




Jagir Grants -Could not automaticall y end on creation of Pakistan. Held, that the contention that Jagir grants automaticall y came to an end in 1947 on the creation of the new state of Pakistan and that the late Government of Sind as a new ruling power was competent to cancel or modify, in any way it pleased, the existing Jagir terms might have been advanced on behalf of a foreign conquering power on the plea that it was an act of State. Pakistan is neither a foreign power nor a conquered territory but was created under theindia n Independence Act, 1947, and an order of resumption of grant by the Government of Sind could not be justified on this ground. 

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