Case Details

Citation(s)
2018 SLG 2146 2018 SLD 2146 2018 PLD 529

Suit No. Nil of 2018, decided on 19-03-2018. Dates of hearing: 23rd, 26th, 27th, 28th February, 1st and 02-03-2018.
ADNAN IQBAL CHAUDHRY, JUSTICE
Muhammad Ali Lakhani and Mujtaba Raza for Plaintiff. Furqan Ali for Defendant No.2. Tanveer Ashraf for Defendant No.3. Masood Ghani for Defendant No.5.

MUHAMMAD AFZAL

VS

FEDERATION OF PAKISTAN THROUGH SECRETARY AND OTHERS

Law: General Clauses Act, 1897

Section: 20A

Law: Pakistan Citizenship Act, 1951

Section: 14,14(3)

Law: Pakistan Cricket Board Elections Regulations, 2015

Section: Regln.10(a)

Law: Sports (Development and Control) Ordinance, 1962

Section: 5

(a) Interpretation of statutes--- ----Publication of a statute in official gazette---Scope---No hard and fast rule of universal application can be laid down on effect of non-publication of rules/regulations in official gazette---Language employed in a particular statute, nature, intent and scope of rules/regulations, actions already taken thereunder, rights/liabilities effected/created thereby, indicate whether requirement of a publication in official gazette is to be treated as mandatory or directory--- Where a statute requires that rules/regulations should be notified by way of publication in official gazette but it does not go on to provide for a consequence of such non-publication, then such provision is to be interpreted as directory and not mandatory. (b) General Clauses Act (X of 1897)--- ----S. 20-A---Sindh General Clauses Act (VI of 1956), S. 19-A---Publication in official gazette---Principle---Where parent statute does not require rules/regulations to be published in official gazette, then S.19-A of Sindh General Clauses Act, 1956 and S. 20-A of General Clauses Act, 1897 (until provisions provide a consequence for non-publication) do not per se make publication in official gazette mandatory---Nature, intent and scope of rules/regulations, actions already taken thereunder, rights/liabilities, effected/created thereby are also the factors in determining consequences of non-publication. Saghir Ahmed v. Province of Punjab PLD 2004 SC 261; Printek (Pvt.) Ltd. v. Shahid Nabi Malik 2011 YLR 2941 and Ummatullah v. Province of Sindh PLD 2010 Kar. 236 rel. (c) Sports (Development and Control) Ordinance (XVI of 1962)--- ----S. 5---Pakistan Cricket Board Elections Regulations, 2015, Regln.10(a)---Notification of Regulation in official gazette---Scope---Regulation making power of Pakistan Cricket Board stems from S. 5 of Sports (Development and Control) Ordinance, 1962 which does not stipulate that such regulations should be notified or there should be notification in official gazette---Provision under which Pakistan Cricket Board Elections Regulations, 2015 are made does not require publication in official gazette. (d) Pakistan Cricket Board Elections…
🔒
Continue readingLogin or create an account to access the complete content.Login / Register

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492