96 YEARLY LAW REPORTER [Vol.

I
11

its existence to UNCIP Resolutions. The 45. In view of above, it is declared that
provisions of. Azad Kashmir Constitution are presidem/Government is bound to appoint a cc
replete with’the obligation of fulfilling these plebiscite adviser under section 11 of the
requirements of UNCIP Resolutions. The Constitution, who, shall be a man of calibre [P
resolutions besides being a part of the of plebiscite administrator as visualised by the
Constitution rather, a base thereof are truce agreement i.e., "a personality of high
outcome of Charter of United Nations. Every international standing and commanding
citizen of the world village, be it the state of general confidence". It is accordingly R
individual, is obliged to implementand act directed.
upon the provisions of. the Unitedi Nations
Charter and Resolutions passed by it or under M.B.A./173/AJK Order accordingly.
its authority, unless the municipal law C(.
specifically prohibits it. The- provisions of 0
section' 11 are not only in line with the spirit 1999 Y .LR 96 r
of the Constitution, but in furtherance of the C(
United Nations Charter. The Courts being a [Karachi]
part of the nation and State are not to act in di
Before Raja Qureshi, J
isolation. They are also required to watch the b(
interest of the State and enforce the interest if QADEER AHMEb---AppelIant tt
any organ of the State is failing in its duty tb; A
do so. In doing so the Courts are performing versus'
al
their Constitutional duty even if it apparently THE ASSISTANT REGISTRAR OF TRADE 0
seems a political question. 1 MARKS, THE TRADE MARKS REGISTRY A
44. The argument of the learned and another—Respondents aI
advocates for the respondents that financial Miscellaneous Appeals Nos.43 to 45 of 1996,
position of the Government does not allow it decided on 26th August, 1998. P:
to bear expenses of the plebiscite adviser is ir
also devoid of any force. A list is placed Trade Marks Act (V of 1940)-— • - b.
before the Court of advisers, special 0
—Ss.I5(2) & 76—Registration of trade
assist^ce etc., appointed by the Government, IT
mark— Objection— Appeal— Competency—
besides about one and half dozen ministers, of b'
Determination of "prior user" of disputed
whidi we .take judicial notice. It is not it
trade mark in terms of time—Respondent-had
becoming of the respondents to avert the f
given out sales figures to show that he was
Constitution, and national responsibility under d
the owner, originator and creator of disputed
secliop 11 of the Constitution by putting up
trade mark and had been using same since
the lame excuse of lack of funds in the
year 1984-85—Appellant had failed to file
presence of a chain of advisers special
any tax return in support of commodity of
assistants and cabinet ministers for running,
trade mark and did not possess any certificate
the administration and political affairs of only
of registration of copy-right testifying that he
about five thousand sq. miles area and
was 'prior user ' in point of time—Application
ignoring the rights and interest of people
of respondent for registration of trade mark
spread over eighty thousand sq. miles, for was rightly allowed on basis of prior user—
. whose sacrifies this system is running. '
Registration: of trade mark to a user who had

__