Law: Electricity Act (IX of 1910)

Section: 54(c) , 1 , 2

  Electricity Act (IX of 1910) ----S. 54(c) [as inserted by Electricity (Amendment) Ordinance (LXII of 1979)]---Civil Procedure Code (V of 1908), O. XXXIX, Rr. 1 & 2---Bill of specified amount regarding consumption of electricity challenged by plaintiff-- Conditional stay order subject to payment of the amount of bill was passed by Trial Court and maintained by Appellate Court---Conditional stay order was challenged by plaintiff on the ground that Electricity (Amendment) Ordinance, 1979, through which S.54(c) was inserted in Electricity Act, 1910, stood repealed---Validity---Repeal by Federal Laws (Revision and Declaration) Ordinance, 1981 of Electricity (Amendment) Ordinance, 1979 would not have any effect on the continuance of S. 54(c), Electricity Act, 1910, for repealing Ordinance had done no harm to the Amending Ordinance, which amendment had already gone into the texture of the original Act viz. Electricity Act, 1910-- Conditional stay order passed by Courts below was thus, correct and in accordance with law. Azam Ali v. Custodian of Evacuee Property pLD 1968 Lah. 148; Abdul Majeed v. Shahzada Asif Jan PLD 1982 SC 82 and Muhammad Afzal Khan v. Excise and Taxation Officer PLD 1984 Pesh. 215 rel. Hassan Noor v Deputy Commissioner, Chitral PLD 1975 Pesh 196 ref. Interpretation of statutes--- ---- Repeal of an enactment would not affect the continuance of any such amendment effected by that enactment unless a different intention was expressly stated in the enactment by which that amendment was made. Muhammad Aman Khan for Petitioner Muhammad Latif for Respondent. Date of hearing: 26th March, 1994   JUDGMENT Asif Marble Industry, Small Industrial Estate, Mardan was billed by WAPDA for a sum of Rs.1,18,049 regarding the consumption of electricity which was challenged by Shakeel Ahmad, the petitioner-proprietor of the Firm who was denied temporary injunction by the two Courts below in view of conditional bar contained in section 54(c) of the Electricity Act to the effect that before the grant of any such favour, the consumer shall have to deposit the disputed amount in Court. Conditional to this, the disconnection of the premises was stayed. This…