Law: National Highways Safety Ordinance, 2000

Section: 45,90,93

Law: Civil Procedure Code (V of 1908)

Section: O.XXVIIA

Law: General Clauses Act, 1897

Section: 24,24-A

Law: Constitution of Pakistan, 1973

Section: 9,199

(a) Words and phrases--- ----"Regulate"---Meaning. (b) Words and phrases--- ----"Control"---Meaning. (c) Proportionality, doctrine of--- ----Scope---According to doctrine of proportionality, only reasonable restrictions can be imposed which have been provided in law, otherwise, it falls within concept of unreasonableness---Authority which exercises its powers should consider such aspect on rational basis and should adopt such means not to injure individuals more than necessary---Any such injury caused to individuals, by exercise of authority, should not be disproportionate to benefit which accrued to general public. Chintaman Rao v. The State of U.P. 1950 SCR 759 rel. (d) Proportionality, doctrine of --- ----Applicability--- "Proportionality"--- Connotation--- Concept of proportionality means whether while regulating exercise of Fundamental Rights, appropriate or least restrictive choice of measure has to be made by Legislature or administrator so as to achieve objective of legislation or purpose of administrative order, as the case may be---Under said principle, court has to see that Legislature and administrative authority maintain a proper balance between adverse effects which legislation or administrative order may have on rights, liberties or interest of persons keeping in mind purpose which they were intended to serve---Legislature and administrative authority are given an area of discretion or range of choices but as to whether choice made infringes right excessively or not is for the court. Om Kumar v. Union of India 2001 (2) SCC 386 and R. Daly v. Secretary of State for the Home Department 2001 UKHL 26 rel. (e) National Highways Safety Ordinance (XL of 2000)--- ----Ss. 45, 90 & 93--- National Highways and Motorway Police Drivers Licensing Authority Rules, 2014---Constitution of Pakistan, Art. 9---Term "life" occurring in Art.9 of the Constitutioin---Scope---Principles of natural justice, violation of---Verbal orders---Scope---Term regulate ---Principle---Petitioners were aggrieved of ban imposed by authorities on access of heavy motorbikes to motorways---Validity---Motorway Police initially allowed bikers to use motorways on 05.03.2010 after having…

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