Law: General Clauses Act, 1897

Section: 6

Law: Contempt of Court Ordinance, 2003

Section: 17

Law: Civil Procedure Code (V of 1908)

Section: 151,O.XXXIX,R.4

Law: Karachi Building and Town Planning Regulations, 2002

Section: 18-4.2.1,18-4.2.2,18-5

(a) General Clauses Act (X of 1897)--- ----S. 6---Implied repeal---Principle---Generally, no repeal can be implied in absence of an express repeal unless it can be established that the two statutes/ provisions are inconsistent with each other and cannot co-exist. Mumtaz Ali Khan Rajban v. Federation of Pakistan PLD 2001 SC 169 and Zaheer Ahmed Chaudhry v. CDGK 2006 YLR 2537 rel. (b) Karachi Building and Town Planning Regulations, 2002--- ----Reglns.18-4.2.1, 18-4.2.2 & 18-5---Suit for declaration and injunction---Residential building used for commercial purposes--- Principle---Plaintiffs were residing in neighborhood of suit property which was a residential plot and defendants started using it for commercial purposes--- Validity---Suit property was not converted to amenity plot for education purpose under Regln. 18-4-2.2 read with Regln. 18-5 of Karachi Building and Town Planning Regulations, 2002---Suit property did not face a 60 feet wide road so as to qualify for conversion under Regln. 18-4.2.2 of Karachi Building and Town Planning Regulations, 2002---Use of suit plot for education purpose without its conversion for such use was an act prohibited by Regln. 18-4.2.1 of Karachi Building and Town Planning Regulations, 2002, and was therefore unlawful---Where restrictive covenant in lease of suit plot was also manifested in Regln. 18-4.2.1 of Karachi Building and Town Planning Regulations, 2002, and which legislation was also for the benefit of residents/ plaintiffs, restrictive covenant contained in the lease of suit plot could be invoked by plaintiffs---High Court restrained defendants from putting suit plot to any other use except residential until final disposal of the suit---Application was allowed in circumstances. Hussain Bux Memon v. KBCA 2015 YLR 2448; Naz Shaukat Khan v. Yasmeen R. Minhas 1992 CLC 2540; Ardeshir Cowasjee v. Muhammad Naqi Nawab PLD 1993 Kar. 631; Arif v. Jaffar Public School 2002 MLD 1410 and City Schools v. Federation of Pakistan 2018 CLC Note 4 ref. THIS ORDER PASSED BY: ADNAN IQBAL CHAUDHRY J.--- The plaintiffs are residents of a residential neighborhood in Block 6, PECHS, Karachi, and they have challenged the opening/operation…

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