| Citation(s) |
|---|
| 2005 SLG 1826 2005 SLD 1826 = 2005 PLD 190 |
Lahore High Court
Appeal No. 2 of 2003, heard on 9th December, 2004
SYED, JAMSHED ALI, J
Abid Hassan Minto, Sana Ullah Khan, Ahmad Hassan Khan and Javaria Syed for Appellants. Kh. Muhammad Afzal for
Respondent
Appeal No. 2 of 2003, heard on 9th December, 2004
SYED, JAMSHED ALI, J
Abid Hassan Minto, Sana Ullah Khan, Ahmad Hassan Khan and Javaria Syed for Appellants. Kh. Muhammad Afzal for
Respondent
SAADAT KHIYALI, EXCHIEF EDITOR, DAILY MASHRIQ, Lahore and anotherVsCITY COORDINATION OFFICER, CITY DISTRICT GOVERNMENT, Lahore
Law: Press, Newspaper, News Agencies and Books Registration Ordinance, 2002
Section: 10(2)
(a) Interpretation of statutes------Provisions of law expressed in negative term---Effect---Such provisions of law are generally to be considered as mandatory unless intention of legislature appears to the contrary. (b) Interpretation of statutes------While enacting a law, legislature is presumed to know the existing state of law. (c) Press, Newspapers, News Agencies and Books Registration Ordinance (XCVII of 2002)-------S. 10(2)---West Pakistan Press and Publications Ordinance (XXX of 1963), S.12(2)---Expression "may not" as used in S.10(2) of Press; Newspapers, News Agencies and Books Registration Ordinance, 2002--�Deeming clause, effect of---Refusal to authenticate declaration on the ground stated in S. 12 of West Pakistan Press and Publications Ordinance, 1963, was mandatory because the negative command' was followed by the word "shall"---If intention of legislature was to retain the provision given in S.12 (2) of West Pakistan Press and Publications Ordinance, 1963, in the new enactment in the mandatory form the expression "may not" in S.10(2) of Press, Newspapers, News Agencies and Books Registration Ordinance, 2002, would not have been used--�Deeming clause in S.10(4) of Press, Newspapers, News Agencies and Books Registration Ordinance, 2002, had strengthened the view of that S.10 (2) of Press, Newspapers, News Agencies and Books Registration Ordinance, 2002 was not intended to be mandatory---Intention of the legislature to incorporate such deeming clause in Press, Newspapers, News Agencies and Books Registration Ordinance, 2002, was that authentication of a "declaration" to attract the deeming clause contemplated by S.10(4) of Press, Newspapers, News Agencies and Books Registration Ordinance, 2002, should be a declaration which fulfilled the requirements of S.6 of Press, Newspapers, News Agencies and Books Registration Ordinance, 2002---Effect could not be given to the said deeming clause in isolation of S.6 of Press, Newspapers, News Agencies and Books Registration Ordinance, 2002, because in such case the provisions of S.6 of Press, Newspapers, News Agencies and Books Registration Ordinance, 2002, would become redundant. (d)…