Law:

Section:

(a) Interpretation of statutes Statute having effect of encroaching on rights of subject as to freedom of contract To be strictly construed in favour of subject. ¬[Contract]. Maxwell on Interpretation of Statutes, 10th Edn. (b) Words and phrases "Cost price" and "import" Meaning. et seq Badentine's Law Dictionary ref. (c) West Pakistan Foodstuffs (Control) Act (XX of 1958) S. 3(2) Supply, distribution and disposal of foodstuffs Officers exercising power possess no authority to issue an order requiring an importer to sell goods before same received and held by him in stock. (d) Estoppel Waiver No estoppel against statute Waiver arises by intentional relinquishment of a known right, claim or privilege. [Waiver]. It is now well established that there can be no estoppel against the statute. Even otherwise waiver arises by the intentional relinquishment of a known right, claim or privilege. In other words the term implies the intentional relinquishment of a known right after knowledge of the facts. It implies the intentional forbearance to enforce a right, and necessarily, therefore, assumes the existence of an opportunity for choice between the relinquishment and the enforcement of the right. E. A. Evans v. Muhammad Ashraf P L D 1964 S C 536 ref.. (e) West Pakistan Foodstuffs (Control) Act (XX of 1958) Nature and object of legislation Provisions relating to fixation of price in a particular notified order Held, a matter of public police and no importer can contract out of requirements for payment of price fixed therein Such a contract would not be enforceable against importer in a Court of law. [Interpretation of statutes Contract]. The West Pakistan Foodstuffs (Control) Act 1958, is a legislation encroaching upon the private rights of citizens in the larger interests of the community. The restrictions imposed upon the sale and distribution of the foodstuffs, particularly in the matter of price determined under the notified order would directly affect the procurement and supply of such foodstuffs. If unreasonable restraints are placed upon the importer it would inevitably impede the importation of the commodities in question. There¬fore, the provisions relating to…

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