Case Details

Citation(s)
2019 SLG 191 2019 SLD 191 2019 PLD 1
Islamabad High Court
Intra-Court Appeals Nos. 364, 365, 366, 367, 368, 411, 412,413, 414, 415, 417, of 2017 and 22, 23, 24, 306 and 307 of2018, decision Dated: 25-09-2018. hearing Dated: 04-07-2018.
AAMER FAROOQ, JUSTICE MOHSIN AKHTAR KAYANI, JUSTICE
Petitioner(s) by:Mansoor Ahmad, Saad M. Hashmi Khurram M. Hashmi and Makhdoom Ali Khan (in ICA No.364 of 2017).Waqas Ali Mehmood, DG (FGEHF), Zafar Abbas, AD (FGEHGF) and Malik Javid Iqbal Wains (in C.M.No.168 of 2018 and C.M. No.169 of 2018).Khurra

FOUNDATION AND OTHERSVSMALIK GHULAM MUSTAFA AND OTHERS

Law: Land Acquisition Act, 1894

Section: 17

Law: Capital Development Authority Ordinance (XXIII of 1960)

Section: 11,12

Law: Constitution of Pakistan, 1973

Section: 9,24

(a) Interpretation of statutes--- ----General and special law---Applicability---Special law has to be applied in case of two similar subjects in field even otherwise when there is any inconsistency special law has to prevail or if there is any gap then provisions of general law has to be applied for understanding by reference. Syed Mushahid Shah v. Federal Investment Agency and others 2017 SCMR 1218; Muhammad Mohsin Ghumman v. Government of Punjab 2013 SCMR 85 and Frontier Corps and others v. Ghulam Hussain and others 2004 SCMR 1397 ref. (b) Administration of justice--- ----Technicalities---Scope---Where law requires an act to be done in a particular manner, it has to be done in that manner alone and such dictate of law cannot be termed as technicality. Muhammad Anwar and others v. Ilyas Begum and others PLD 2013 SC 255 rel. (c) Interpretation of statutes--- ----Legislative intent---Determination---Court has to discover true legislative intent while interpreting statute---Intention of legislature is primarily to be gathered from language used which means that attention has to be paid to what has been said and also what has not been said---Courts always presume that Legislature has inserted meaning to every part of statute thereof for a purpose and legislative intention is that every part of statute should have effect---While construing provision of statute, no provision should be rendered meaningless and there is no scope of placing unnatural interpretation on meaning of language used by Legislature especially when language of legislative provision is clear---Court was not to either enlarge scope of legislation or intention of legislators. Syed Mahmood Akhtar Naqvi v. Federation of Pakistan PLD 2012 SC 1089 rel. (d) Interpretation of statutes--- ----Implied repeal of law---Scope---Conflict in laws---Preference is to be given to new law and implied repeal of earlier law can be inferred only when there was an enactment of later law which had power to override earlier law and was totally inconsistent with earlier law---When there are two laws, earlier and later, cannot stand together therefore, later laws abrogate earlier contrary laws. Inland Revenue RTO v. M/S.…
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