| Citation(s) |
|---|
| 2016 SLG 731 2016 SLD 731 2016 PLD 514 |
Supreme Court of Pakistan
Civil Appeals Nos. 939/2004, 144-K, 145-K of 2009, HRC Nos.20691-S of 2013 and 48247-S of 2013. Date of hearing: 14thJanuary, 2004.
MIAN SAQIB NISAR, UMAR ATA BANDIAL AND MAQBOOL BAQAR, JJ
Syed Shahenshah Hussain, Advocate Supreme Court for Appellants (in C.A. No. 939 of 2004).Adnan Karim, Addl. A.G. Sindh., Khair Muhammad, AC Sanghar for Appellants (in C.As.144 and 145 of 2009).Ghulam Mohi-ud-Din Qureshi, Advocate Supreme Court, Mazhar
Civil Appeals Nos. 939/2004, 144-K, 145-K of 2009, HRC Nos.20691-S of 2013 and 48247-S of 2013. Date of hearing: 14thJanuary, 2004.
MIAN SAQIB NISAR, UMAR ATA BANDIAL AND MAQBOOL BAQAR, JJ
Syed Shahenshah Hussain, Advocate Supreme Court for Appellants (in C.A. No. 939 of 2004).Adnan Karim, Addl. A.G. Sindh., Khair Muhammad, AC Sanghar for Appellants (in C.As.144 and 145 of 2009).Ghulam Mohi-ud-Din Qureshi, Advocate Supreme Court, Mazhar
DILAWAR HUSSAIN and othersVsPROVINCE OF SINDH
Law:
Section:
(a) Interpretation of Constitution --- ----Purposive approach---Provisions of the Constitution could be interpreted using the purposive approach to achieve the intent of the legislature. The Judge in a Democracy by Aharon Barak; Messrs Gadoon Textile Mills and 814 others v. WAPDA and others 1997 SCMR 641; Rana Aamer Raza Ashfaq and another v. Dr. Minhaj Ahmad Khan and another 2012 SCMR 6; Province of Sindh through Chief Secretary and others v. MQM through Deputy Convener and others PLD 2014 SC 531; Dr. Raja Aamer Zaman v. Omar Ayub Khan and others 2015 SCMR 1303 and Reference No.1 of 2012 (PLD 2013 SC 279) ref. (b) Interpretation of statutes--- ----"Amended provision" in a statute---While interpreting such a provision, the object and purpose of the amendment must necessarily be looked into. Federation of Pakistan through Ministry of Finance and others v. Messrs Noori Trading Corporation (Private) Limited and 14 others 1992 SCMR 710 ref. (c) Interpretation of statutes--- ----"Cardinal rule of construction of statute"---Scope---Cardinal rule of construction of statute entailed two features; first, meaning; and, second, object and purpose---"Meaning" referred to what the precise words of the statute [or its particular provision(s)] denoted whereas "object and purpose" referred to the reason, rationale, objective, aim, underlying principle, or raison d'être of the statute---Such interpretative approach, thus, necessarily combined both the literal and purposive approach in discerning the legislative intent---Intention of the legislature was discovered, determined and understood by bearing in mind the meaning of the words used in the statute, while taking into consideration the purpose and object of the statute and also the mischief which the statute sought to curb. Mumtaz Hussain v. Dr. Nasir Khan and others 2010 SCMR 1254; Oliver Ashworth (Holding) Ltd. v. Ballard (Kent) Ltd. [1999] 2 All ER 791; AIR 2007 SC 1563 and AIR 2001 SC 724 ref. (d) Land Acquisition Act (I of 1894)--- ----S. 28-A (since repealed)---Additional compensation---Interpretation and scope---Section 28-A (since repealed) of the Land Acquisition Act, 1894 had to be interpreted narrowly---Land…