Law:

Section:

(a) Interpretation of statutes--- ----Fiscal statute---Amending statute---Retrospective effect---Principles regarding interpretation of fiscal and amending statutes and retrospective operation of laws---Maxim: Nova constitutio futuris formam imponere debet, non praeteritis,---Applicability---Scope. Although the Legislature could legislate prospectively and retrospectively, such power was subject to certain constitutional and judicially recognised restrictions. According to the canons of construction, every statute including amendatory statutes was prima facie prospective, based on the principle of nova constitutio futuris formam imponere debet, non praeteritis which means ('a new law ought to regulate what is to follow, not the past'); unless it was given retrospective effect either expressly or by necessary implication. In other words, a statute was not to be applied retrospectively in the absence of express enactment or necessary intendment, especially where the statute was to affect vested rights, past and closed transactions or facts or events that had already occurred. Muhammad Hussain and others v. Muhammad and others 2000 SCMR 367 ref. Said principle(s) was also attracted to fiscal statutes which had to be construed strictly, for they tend to impose liability and were therefore burdensome (as opposed to beneficial legislation). Furthermore, it was not only the wording/text of the statute which was to be considered simpliciter in isolation, rather it had to be examined holistically by considering several factors such as, the dominant intention of the legislature which was to be gathered from the language used, the object indicated or the mischief meant to be cured, the nature of rights affected, and the circumstances under which the statute was passed. (b) Interpretation of statutes--- ----Fiscal statute---Strict interpretation---Charging section of a fiscal statute was the key and pivotal provision which imposed a fiscal liability upon a taxpayer/person, thus it should be strictly construed and applied. (c) Interpretation of statutes--- ----Past and closed transactions---Provisions of statute should not be read in a way that would lead to obliteration of…

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