| Citation(s) |
|---|
| 1979 SLG 167 1979 SLD 167 1979 PLD 160 |
Quetta High Court
Constitutional Petition No. 369 of 1978, decided on 11th April 1979.
MIR KHUDA BAKHSH MARRI, C.J. AND MIR HAZAR KHAN KHOSO, J DATES OF HEARING26TH, 27TH, FEBRUARY4TH, 6TH AND 13TH MARCH, 1979.
Syed Iqbal Hashmi, Vice-Chairman for Petitioner No. 1. Sardar Ali Ahmad, Managing Director for Petitioner No. 2. S. M. Zafar with Muhammad Aslam Chishty and Ehsan-ul-Haq for Petitioner No. 3. Muhammad Ahmad Mirza, A.G. (Baluchistan) for
Respondents.
Constitutional Petition No. 369 of 1978, decided on 11th April 1979.
MIR KHUDA BAKHSH MARRI, C.J. AND MIR HAZAR KHAN KHOSO, J DATES OF HEARING26TH, 27TH, FEBRUARY4TH, 6TH AND 13TH MARCH, 1979.
Syed Iqbal Hashmi, Vice-Chairman for Petitioner No. 1. Sardar Ali Ahmad, Managing Director for Petitioner No. 2. S. M. Zafar with Muhammad Aslam Chishty and Ehsan-ul-Haq for Petitioner No. 3. Muhammad Ahmad Mirza, A.G. (Baluchistan) for
Respondents.
PAKISTAN MINE OWNERS€™ ASSOCIATION AND 2 others ers
VS
DISTRICT MAGISTRATE, QUETTA AND 2 OTHERS --Respondents
Law:
Section:
(a) Constitution of Pakistan (1973) Art. 199 Aggrieved person Competency to invoke writ juris¬diction Locus standi of two out of three petitioners to file writ petition challenged on ground of being not aggrieved persons but tat of third petitioner not challenged or questioned Contention regarding petition being not maintainable due to having been filed by persons not aggriev¬ed. in circumstances, neither affects fate of petition nor that of petitioners allegedly non aggrieved. Pakistan Steel Re rolling Mills Association v. Province of West Pakistan P L D 1964 Lah. 1380; Anjuman Araian, Behera v. Abdul Rashid and S others P L D 1973 Lah. 500; S. M. Zakaria and another v. The Registrar, Co operative Societies, Hyderabad and 2 others P L D 1973 Kar. 433 and The Pakistan Barbers' Association, Lahore v. Province of Punjab through Directorate of Labour Welfare, Punjab, Lahore and another P L D 1976 Lah. 769 ref. (b) Baluchistan Public Safety Regulation, 1947 Ss. 8 (2) (a) (b) Fixation of fair and reasonable price of coal¬--Expression "the Chief Commissioner or other authority making the order, it is desirable to obtain information for the purpose of controlling the price of such commodity in S. 8(2) (a) Provision, held, intentionally. inserted to lay guidance for fixing fair and reasonable price of commodity. [Qamar Elahi v. Government of Sind and another P L D 1977 Kar. 421 held not applicable. Qamar Elahi v. Government of Sind and another P L D 1977 ICar. 421 held not applicable. (c) Interpretation of statutes Words and phrases used in statute To be interpreted so as not to lead to absurdity or cause injustice to any party Construction of statute To be ascertained by taking statute as a whole into considera¬tion Two sections dealing with same subject matter, one being unquali¬fied and another qualified, effect, held, to be given to provision containing qualification. (d) Baluchistan Public Safety Regulation, 1947 Ss. 8 (2) (a) (b) Subsection (2) (b) requiring fulfilment of certain prerequisite conditions before being enforced Incumbent in circum¬stances on District Magistrate to have fulfilled conditions laid down in subsection (a) before issuing notification…
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