| Citation(s) |
|---|
| 2012 SLG 3094 2012 SLD 3094 2012 PLD 21 |
Supreme Court (AJ&K)
Civil Appeals Nos. 31 and 55 of 2008, decided on 26th April, 2011. Date hearing: 28th March, 2011.
KHAWAJA SHAHAD AHMED, CHIEF, JUSTICE, MUHAMMAD AZAM KHAN, JUSTICE, CH. MUHAMMAD IBRAHIM ZIA, JUSTICE AND KHAWAJA ATTAULLAH CHAK, JUSTICE
Sardar Muhammad Azam for Appellant (in Civil Appeal No.31 of 2008). Raja Hassan Akhtar for
Respondents (in Civil Appeal No.31 of 2008). Ch. Muhammad Taj for Appellants (in Civil Appeal No.55 of 2008). Khalid Rasheed Chaudhry for
Respondents (in Civil A
Civil Appeals Nos. 31 and 55 of 2008, decided on 26th April, 2011. Date hearing: 28th March, 2011.
KHAWAJA SHAHAD AHMED, CHIEF, JUSTICE, MUHAMMAD AZAM KHAN, JUSTICE, CH. MUHAMMAD IBRAHIM ZIA, JUSTICE AND KHAWAJA ATTAULLAH CHAK, JUSTICE
Sardar Muhammad Azam for Appellant (in Civil Appeal No.31 of 2008). Raja Hassan Akhtar for
Respondents (in Civil Appeal No.31 of 2008). Ch. Muhammad Taj for Appellants (in Civil Appeal No.55 of 2008). Khalid Rasheed Chaudhry for
Respondents (in Civil A
CIVIL APPEAL NO.31 OF 2008 CHIEF ADMINISTRATOR AUQAF (NAZIM AALA AUGAT), AZAD GOVERNMENT OF THE STATE OF JAMMU AND KASHMIR, MUZAFFARABAD
VS
SAIN GHULAM AHMED NISAR AND 38 others CIVIL APPEAL NO.55 OF 2008 CH. JAN MUHAMMAD THROUGH ATTORNEY- VS MUHAM
Law:
Section:
(a) Interpretation of statutes---.--- ---.----Phraseology, used along with punctuations and conjunctions had to be understood keeping in view first principle of interpretation of statutes, which provided that words and phrases were ordinarily be given plain. dictionary meaning---.---Punctuation in the statute, had to be allotted clear meaning; and could not be left unnoticed, the use of word and' had to be read in a cumulative sense---.---Where the Legislature intended two sub-clauses to have conjunctive effect, the word and' would find place at the end of first sub-clause. (b) Civil Procedure Code (V of 1908)---.--- ---.----S. 109(a)---.---Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974), S.42(11)(d)(e)---.---Appeal to Supreme Court---.---Value of subject matter of the dispute---.---Where the amount of value of the subject matter of the suit in the court of first instance and also in appeal, unless varied by an Act of the Parliament, fifty thousand rupees and the Appellate Court i.e. the High Court had varied, altered or set aside the , decree or final order of the court immediately below, a direct appeal, would be competent before the Supreme Court--Intention of the Legislature referring to any amount "fixed by an Act of the Parliament", clearly would mean that it referred to an increase or decrees in the amount of fifty thousand rupees---.---Such was why the Legislature in the Civil Procedure Code; 1908 expressed its intention by ,using the word unless varied' by an Act of the Parliament, and the same had been put in brackets---.---Under clauses (d) & (e) of sub-section (11) of S.42 of the Azad Jammu and Kashmir Interim Constitution Act, 1974, a direct appeal would lie to the Supreme Court, if the amount or value of the subject matter in the first court, as well as in appeal before the Supreme Court was not less than fifty thousand rupees or any increased sum specified by the Act, and the decree or final order placed before the court was varied or set aside by High Court---.---Intention of the legislature was clear on the point that if the High Court did not vary, alter or set aside the of the court below, a direct appeal to the Supreme…
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