| Citation(s) |
|---|
| 2018 SLG 989 2018 SLD 989 2018 PLC 136 |
I.C.A. No. . 53 of 2013 in W.P. No. . 25102 of 2011, heard on 3-7-2015. Hearing Dates: 16th June, 2nd and 3rd July, 2015.
Muhammad Shahzad Shaukat, Ibrar Ahmad and Saif Ullah Maan for Appellant. Imran Aziz, Deputy Attorney-General for Pakistan for
Respondent No. 1. Malik Waseem Mumtaz, Additional Advocate-General for
Respondent No. 7. Ishtiaq A. Samsial for
Respondent No. 4.
Law:
Section:
(a) Interpretation of statutes--- ----Vires of statute---Principles---Court must attribute widest possible meaning (to a statute), and the rule of liberal construction should be followed and every possible effort should be made to save the law rather than destroy it---Even where two views were possible, the one making the enactment constitutionally permissible had to be adopted. Nishat Mills Ltd. Nishatabad, Faisalabad v. The Federation of Pakistan through Secretary, Ministry of Food and Agriculture and 4 others PLD 1994 Lah. 175; Sanofi Aventis Pakistan Limited and others v. Province of Sindh through Secretary Excise and Taxation Department, Karachi and 2 others PLD 2009 Kar. 69; Defence Authority Club, Karachi and 5 others v. Federation of Pakistan through Secretary, Revenue Division and 2 others 2007 PTD 398; Messrs Al-Khalil Cold Storage v. Federation of Pakistan through Secretary Finance, Islamabad and 3 others 2010 PTD 1260; Commissioner of Sales Tax and others v. Hunza Central Asian Textile and Woolen Mills Ltd. and others 1999 SCMR 526; Messrs Haider Automobile Ltd. v. Pakistan PLD 1969 SC 623; Messrs Sh. Abdur Rahim, Allah Ditta v. Federation of Pakistan and others PLD 1988 SC 670 and Pir Rashid-ud-Daula and 3 others v. The Chief Administrator of Auqaf, West Pakistan PLD 1971 SC 401 ref. (b) Constitution of Pakistan --- ----Fourth Sched.---Entries in the Legislative Lists---Interpretation---Principles. Following are the principles of interpretation for Entries in the Legislative Lists: (i) The Legislative Lists did not confer powers of legislation. They merely demarcated the legislative fields in which the respective legislature may enact laws; (ii) Entries in Legislative Lists must receive liberal construction. They should not be interpreted in a restricted, narrow and pedantic sense; (iii) The doctrine of "pith and substance" should be adopted in understanding the true nature and character of an impugned legislation (which was alleged to be made in contravention of the Legislative Lists); (iv) Powers to legislate were derived from Articles of the Constitution, and not from entries in the Lists. The language of the Articles and entries in the Lists…
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