Law: General Clauses Act (X of 1897)

Section: 6

Law: West Pakistan Urban Rent Restriction Ordinance (VI of 1959)

Section: 2(b)

Law: Constitution of Pakistan, 1962

Section: 98

Interpretation of statutes-Repeal of earlier statute by implication-When can be inferred-Maxim: Legis posteriores priores contrarias abrogant-General Clauses Act (X of 1897), S. 6.   It is a cardinal principle of interpretation of statutes (which equally extends to statutory notifications) that repeal of an earlier statute by implication is not to be presumed on the coming into force of a later statute, unless the provisions of the later statute are so repugnant, to the earlier statute that the two cannot stand together. In such an event the earlier statute stands impliedly repealed by the later. Repeal by implication, however, is not to be favoured. A statute ought not to be held to be repealed by implication without some strong reasons and unless such a result becomes inevitable.   Maxwell on Interpretation of Statutes, 1962 Edn., p.162 ref.   West Pakistan Urban Rent Restriction Ordinance (VIof 1959), S. 2(b) Notification No. HG-10-2/59 dated 12-3-59 Second Notification No. Judl. 1-17(4)/59 dated 30-10-63-Not in nature of addendum or corrigendum to first NotificationBoth Notifications parallel and stand on their own independent footing Second Notification, continues to be in operation unimpaired by third Notification No. Judl. 117(4)/59 dated 25-3-64 - All 111 Class Civil and Subordinate Judges 'remain empowered to perform functions of Controllers.   Where the contention was that the second notification under section 2(b) of the West Pakistan Urban Rent Restriction Ordin ance, 1959, viz. Notification No. Judl. 1-17 (4)/59 dated 30-10-63 was in the nature of addendum or corrigendum to the first Notification No. HG-10-2/59 dated 12-3-59 and, therefore, when the first notification dated 12-3-59 was superseded by the third Notification No. 1-17(4)/59 dated 253-64, all III Class Civil and Subordinate Judges empowered under the second notification ceased to function as Controllers thereafter inasmuch as the second notification had merged with the first notification and on the first notification having been superseded by the third notification the second notification also went overboard automatically Held, the appointments under the second…