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 |
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| 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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