Section 273

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Sr.

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01. Suit against Cantonment Board is not competent in absence of two 5-8
months notice.
PLD 1976 SC -785
02. Suit without notice to Cantonment Board was not maintainable. 9-10
1988 CLC 1182
03. Suit against order of cantonment board rejection lease of land 11
without notice is not maintainable
1989 ALD 429
04. Protection granted to Cantonment Board or its executive officer 12-14
under section 272 would only be available when act has been done
by Board or its officers.
1994 MLD 43
06. No notice is required for filing suit for permanent injunction. Military 15-27
Authorities to have final say in such matters viz erection or re erection of
building. Approval shall not attain finality unless approved by such
authorities. Military Authorities competent to frame general scheme of
buildings and road to be built in Cantonment area, keeping Defence needs
and view. Suit without notice of Cantonment dismissed
1995 MLD 883
07. No notice is required in suit of injunction. 28-30
1999 CLC 1587
08. Mare pendency of suit cannot be treated as notice. (Auction) 31-32
2000 CLR 1205 & 2004 SCMR 1113
09. This is case of KDA and Sindh Building Control Authority where 33-39
notice was not given and case was rejected.
2001 MLD 1209
11. No notice was given, suit for Declaration was rejected 40-48
PLD 2002 Karachi 502
12. Suit for Declaration & Injunction against Cantonment Board – prior 49-58
notice, absence of maintainability of suit-injunction grant of. Plaint
rejected.
PLD 2003 Karachi 495
13. Declarative suit, failure to give notice. Mere pendency of suit could 59-60
not be treated as a notice. Plaint rejected
2004 SCMR 113 & 2000 CLR 1205
14. Justice Musheer Alam. Malir case. Service of two month notice is not a 61-81
condition president in each & ever matter. Such notice is require to be
served in all matter fallowing under the Cantonments Act except suits
for action for recovery of immovable property; for Declaration of title
hereto and suits, where only relief claim is an injunction
2005 CLC 388
15. As above 82-98
SBLR 2005 Sindh 69
16. S.s 272 & 273 – scope and applications of sections 272 & 273 Cantonments 99-105
Act. Justice Ghulam Dastagir A. Shahani
2008 MLD 1377
17 Justice Muhammad Tasneem case for stay of Faisal Cantonment. 106-
2010 YLR 2489 114
Ss. 178-A, 179, 180, 181(6) & 273 prior notice under section 273 .was 115-
synonymous to the provisions of order XLIII, R.3 C.P.C. & the later 118
mentioned provisions of law required sending a notice before
presenting an appeal against an order – if respondent or defendant in
case of any such omission opted to appear in court of law, such
appearance would amount to waiver of the notice – any omission in
verification of pleadings was rectifiable and the cause could be
quashed on account of omission to verify pleading at the foot.
2011 CLC 1949
Bara of section 273 of the Cantonments Act, 1924 was not applicable 119-
to the case where no relief was sought against the Cantonment 136
Board
2015 YLR 2656

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