Law: Qanun-e-Shahadat (10 of 1984)

Section: 114

Law: General Clauses Act, 1897

Section: 24

(a) Qanun-e-Shahadat (10 of 1984)--- ----Art.114---Estoppel---Scope---Held, though acquiescence is a specie of estoppel but there can be no estoppel against law. PLD 1963 SC 486; PLD 1995 SC 66; PLD 1998 SC 161; PLD 2006 SC 602; 2013 SCMR 642 and PLD 2019 SC 509 rel. (b) General Clauses Act (X of 1897)--- ----S.24---Policy for Regulation of Organization Receiving Foreign Contributions---Non-speaking order---Memorandum of Understanding (MoU), non-signing of---Petitioner society was aggrieved of non-signing of MoU by Federal Government with petitioner in view of Policy for Regulation of Organization Receiving Foreign Contributions---Validity---Letter / order rejecting petitioner’s application for signing MoU was not a speaking order within the meaning of S.24-A of General Clauses Act, 1897---Every decision / order / passed by any forum, department or Court should be passed after application of mind with reasoning---Letter issued by Federal Government merely observed that petitioner’s application along with documents was shared with stakeholders in terms of the Policy and same was rejected---High Court deprecated such approach of authorities which was cursory and slipshod---Respondent authority was not vested with such powers nor in law was empowered / competent to regulate or curb petitioner’s operations through the Policy, which had no Constitutional strength or legislative mandate or legal sanctity or backing of enabling law and did not carry any weight---Notification / Policy in question which was a stop-gap arrangement and in response of which Federal Government did not take any step to provide a legislative cover was of no legal effect---High Court declared all such action / steps taken against petitioner as without lawful authority and of no legal consequences---Constitutional petition was allowed accordingly. PLD 1965 Dacca 156; PLD 1967 Dacca 607; PLD 1978 Lah. 1298; PLD 1979 Kar. 300; 1983 SCMR 125; PLD 1993 SC 473; 1995 SCMR 529; 1998 SCMR 2268; PLD 1999 SC 1025; PLD 2007 SC 642; 2007 SCMR 330; 2010 SCMR 511 and 1778; PLD 2010 SC 61; 2011 SCMR 1; 2015 PLC (C.S.) 283; 2016 PLD SC 808; PLD 2019 SC 509; 2021 SCMR 678 and Manzoor Elahi v. Federation of…

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