1985 SCMR 100 SUPREME-COURT

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ABDUL WAHAB KHAN VS M. NISAR AHMAD Central Government Lands and Buildings (Recovery of Possession) Ordinance 1965--11 , Constitution of Pakistan 1973--185 , Criminal Procedure Code (Cr.P.C) 1898--1 , Criminal Procedure Code (Cr.P.C) 1898--197 , Criminal Procedure Code (Cr.P.C) 1898--5 , ---Art.185 (3)--Central Government Lands and Buildings (Recovery of Possession) Ordinance (LIV of 1965), S.11--Criminal Procedure Code (V of 1898), Ss.l (2), 5(2) & 197--Forcible eviction of Magistrate from official residence by Deputy Commissioner under S.11 of the Ordinance, 1965--Allegation of conspiracy by Magistrate against Deputy Commissioner and others--Leave to appeal granted to consider inter alia (i) whether Deputy Commissioner did act as alleged by petitioner and if so whether they fell within powers conferred on him by Ordinance, 1965,_ (ii) whether alleged acts done by Deputy Commissioner could be said to have been committed by him "while acting or purporting to act in the discharge of his official duties;' and (iii) whether provisions of S.11 of Ordinance, 1965 being special law override provisions of S.197, Cr.P.C.