Case Details

Citation(s)
1981 SLG 3136 = 1981 SLD 3136 = 1981 CLC 601
Court of Special Judge, Karachi
Letters Patent Appeal No. 110 of 1971, decided on 2nd April, 1980.
Presented By: Abdul Hayee Kureshi and Saeeduzzaman Siddiqui, JJ
Yousif Rafi for Appellant. J. H. Rahimtoola for
Respondent.

MESSRS EASTERN INDUSTRIAL AGENCIES LTD. Appellant

VERSUS

SIR E, H. JAFFER & SONS LTD.-Respondent

Law: West Pakistan Urban Rent Restriction Ordinance 1959.

Section: 13(6)

(a) West Pakistan Urban Rent Restriction Ordinance (VI of 1959) S. 13(6) [as amended by West Pakistan Urban Rent Restriction Ordinance (XXI of 1965)]-Interpretation of statutes-Amendment Procedural law-Retrospectively-No one can claim a vested right in matter of procedure-Amendment in procedural law-w-Generally takes effect retrospectively-Amendments in law also apply to pending cases before Court or Tribunal-Such proposition however cannot be extended with its full vigour to provisions of law as deal with such vested rights of parties as may be procedural in nature in certain other aspects.-[Interpretation of statutes]. Pir Bakhsh and another v. State P L D 1965 Lab, 308 ref. (b) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)  S. 13(6).-Procedural law-Provisions of S. 13(6) of Ordinance may be procedural in some respects in nature, but cannot be legitimately described as wholly procedural since it does give rise to vested rights of parties in litigation in event of non-compliance by other during pendency of proceedings. (c) interpretation of statutes  Amendment-Retrospectively-Amendment in law touches right of a party in existence on passing of an Act/Ordinance-Amend ment in such case not a mere matter of procedure and operates only prospectively unless a different intention expressly borne out from amending Act,/Ordinance. (d) Interpretation of statutes Alteration in law-Rights of parties-.-Law altered during pendency of action-Rights of…
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