| Citation(s) |
|---|
| 1982 SLG 3011 = 1982 SLD 3011 = 1982 CLC 37 |
Quetta High Court
Constitutional Petitions Nos. 94, 95, 96, 97, 98, 114, 115 and 116 of 1978, decided on 27th December, 1979.
Presented By: Mir Khuda Bakhsh Marri, C. J. and Abdul Qadeer Chaudhry, J
Munawar Mirza and M. Riaz for Petitioners. AdvocateGeneral, Baluchistan for
Respondents.
Constitutional Petitions Nos. 94, 95, 96, 97, 98, 114, 115 and 116 of 1978, decided on 27th December, 1979.
Presented By: Mir Khuda Bakhsh Marri, C. J. and Abdul Qadeer Chaudhry, J
Munawar Mirza and M. Riaz for Petitioners. AdvocateGeneral, Baluchistan for
Respondents.
MAULA BAKHSH AND OTHERSPetitioners
VERSUS
CHAIRMAN FEDERAL LAND COMMISSION AND ANOTHERRespondents
Law: Land Reforms Regulation (Validation of Orders) Ordinance, 1978
Section: 2
Law: Land Reforms Regulation, 1972
Section: 29
Law: Constitution of Pakistan, 1973
Section: 199
(a) Interpretation of statute Statutesretrospective effectAuthority of Legislature supreme. On the question whether lawgiver has any authority to give a law taking away rights of citizens with retrospective effect there can be no two opinions. The Legislature is supreme in this matter and has also power to amend law in such a way as to disturb judgments of Courts. Courts have to interpret law as it stands. They cannot assume jurisdiction which exclusively vests in legislature. Sardar Ashiq Muhammad Khan Mazari v. Chairman, Federal Land Commission, Islamabad P L D 1977 Lah. 461 ; Adnan Afzal v. Capt. Sher Afzal P L D 1969 S C 187 ; Hotel Industries (Private) Ltd., Lahore v. Province of West Pakistan through the Secretary, Excise and Taxation Department, Lahore and another P L D 1978 Lah. 53 ; Mian RafiudDin and others v. The Chief Settlement Commissioner and Rehabilitation Commissioner and others P L D 1971 S C 252 ; Commissioner of Sales Tax, Karachi v. Messers Krudd Sons Ltd. P L D 1974 S C 181; Islamic Republic of Pakistan through Secretary, Ministry of Commerce and Local Government, Islamabad v. MazharulHaq and others 19'17 S C M R 509 and Rooh Afza v. Muhammad L1mar and others P L D 1978 Pesh. 1 ref. (b) Land Reforms (Validation of Orders) Ordinance (XXIX of 1978) S. 2OrdinanceRetrospective operationOrdinance, held, only procedural law and applies retrospectively.[Interpretation of statutes]. (c) Legislature Authority of LegislatureCannot be challenged on ground of mala fides. (d) Land Reforms Regulation, 1972 [M. L. R. 115]. Para. 29Suo motu revisionOrder by authority without notice to purchasers declarants not necessary parties, held, does not violate rule of natural justice. [Natural justice, principle of]. (e) Constitution of Pakistan (1973) Art. 199 and Land Reforms Regulation 1972 [M. L. R. 115], para. 29 Questions of fact dealt with by forum competent to decideCan be challenged before Higo Court under Art. 199 of Constitution only on ground of case being a case of no…