Law:

Section:

(a) Constitution of Pakistan (1973)-Arts. 4 & 8-Interpretation of statutes-Words and phrases-Term "Law" as used in Art. 4-Also used in Art. 8 but in contradistinction with any "custom or usage having the force of law"-Word "Law" in Art. 4 must therefore be given same limited connotation in Art. 4 as in Art. 8-Usages or practices observed in relevant fields and recognised by Courts having to be proved by evidence as facts, such practices, usages, or customs, held, cannot be equated with statute law or given any higher validity-Interim relief cannot be granted on basis of past practice of High Court in similar cases.-[Words and phrases-Interpretation of statutes]-[Chaudhry Manzoor Ilahi v. Punjab Government P L D 1975 S C 66 held reversed]. The term "law" as used in Art. 4 has also been used in Article 8 of the Constitution, in contradistinction with any "'custom or usage having the force of law" and must therefore, be given the same limited connotation in Article 4 as well. For instance the expressions like "proper law of the contract", "law merchant", Maritime Law", "Law of Domicile" and "the practice of the Court", which are essentially in the nature of usages or practices observed in the relevant fields and are well recognized by Courts of law. In the event of any question as to the existence of any one of these, it has to be proved by evidence as a fact. It will be erroneous to equate these practices or usages or custom with a statute law or to attach to them any higher validity. The practice, in the louse of Lords which by its rigid observance over the centuries, had acquired the reverence of law was not treated as "law" by an announcement of the Lord Chancellor so as to require legislative intervention . for saying good-bye to the old practice. Therefore, it would be futile to build any argument on the basis of any past practice of the High ,Court in the matter granting interim relief in similar cases. [pp. 405, 406]A & B Chaudhry Textile Mills Ltd. v. Central Board of Revenue, P L D 1976 Lah. 1392; F. B. Ali v. The State P L D 1975 S C 506 ; Asma Jilani's case P L D 1972 S C 139 and Smith's case 1961 A C 290 ref. Chaudhry Manzoor Ilahi v. Punjab…

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