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" LOCUS POENITENTIAE, SAFETY VALVE AGAINST LOCUS POENITENTIAE, SAFETY VALVE AGAINST ADMINISTRATIVE INJUSTICE OR INJUSTICE ITSELF   By   Mehboob Pervez Awan, Joint Secretary, Pakistan Law Commission, Islamabad   The term "locus poenitentiae" literally means .an opportunity to undo what one has done; legally it means a chance to withdraw from a contemplated bargain or contract before it results in a definite contractual liability[Black s Law Dictionary] or a power of drawing back from a bargain before any act has been done to confirm it in law.[ Belli s Scots Law Dictionary] Generally the principle is applied to recall or rescind an administrative action or decision to retrace wrong steps taken by the authorities concerned under section 21 of General Clauses Act, 1897 which reads as under:   "Where by any, Central Act or Regulation, a power to issue notification, order, rules, or bye‑laws is conferred, then that power includes a power exercisable in the like manner and subject to the like sanction and conditions if any, to add to, amend, vary or rescind any notification, order, rules or bye‑laws so issued. "   Provisions of section 21 of General Clauses Act, 1897 postulate that an authority which passes an order is competent to vary, rescind or cancel the order passed by that authority but such power is not absolute as the same is subject to certain limitation. Where the order sought to be varied, rescinded or cancelled is communicated to other party and subsequent to that communication that party acts upon such order a very valuable right accrues to that party in such‑like situation the authority passing such order becomes functus officio to vary, rescind or cancel its earlier order as the law does not allow…
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