Law: Constitution of Pakistan, 1973

Section: 199

Law: Constitution of Pakistan, 1973

Section: 25

Law: Islamabad Rent Restriction Ordinance (IV of 2001)

Section: 1(2)

Law: General Clauses Act, 1897

Section: 21

(a) Constitution of Pakistan--- ----Art. 199---Judicial review---Scope---High Court has jurisdiction under Art. 199 of the Constitution to examine validity of any Act of Parliament or delegated legislation including notifications---If any law, act or notification violates any provision of the Constitution, including Fundamental Rights, same can be struck down---Law must not be declared unconstitutional unless statute is placed next to the Constitution and no way can be found in reconciling the two there is presumption in favour of constitutionality---If there are two interpretations, one in favour of constitutionality must be adopted. (b) Constitution of Pakistan--- ----Art.199---Mandamus, writ of---Scope---If there is any illegality or error on the part of any public office in relation to affairs of the State, writ of Mandamus can be issued to the concerned office. (c) General Clauses Act (X of 1897)--- ----S. 21---Statutory Regulatory Order (S.R.O.), amendment of---Power of amendment in SRO is available to Federal Government in terms of S. 21 of General Clauses Act, 1897. (d) Constitution of Pakistan--- ----Art. 25---Equal protection of law, right of---Reasonable classification---Principle of intelligible differentia---Scope---Equal protection of law as envisaged under Art. 25 of the Constitution does not imply that every citizen is treated alike in all circumstances but it contemplates that persons similarly situated or similarly placed are to be treated alike---Such reasonable classification is permitted and was to be on intelligible differentia which distinguishes persons or things that are grouped together from those who have been left out---Differentia must have a rational nexus to objects sought to be achieved by such classification. (e) Islamabad Rent Restriction Ordinance (IV of 2001)--- ----S. 1(2)---Islamabad Capital Territory (Zoning) Regulations, 1992, Cl. 5(H)---Capital Development Authority Ordinance (XXIII of 1960), Ss. 11 & 51---Notification SRO No. 83(k)/2002, dated 01-08-2002---Notification, vires of---Petitioners were advocates and assailed Notification S.R.O. No. 83(k)/2002 dated 01-08-2002 not including Zone-V of Islamabad Capital…

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