| Citation(s) |
|---|
| 1982 SLG 700 1982 SLD 700 1982 PLD 82 |
Supreme Court of Pakistan
ASLAM RIAZ HUSSAIN, KARAM ELAHEE CHAUHAN AND MUHAMMAD AFZAL ZULLAH, JJ
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ASLAM RIAZ HUSSAIN, KARAM ELAHEE CHAUHAN AND MUHAMMAD AFZAL ZULLAH, JJ
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ABDUL MAJID ETC.
VS
Shahzada ASIF JAN ETC.
Law:
Section:
(a) N.-W. F. P. Pre-emption Act (XIV of 1950)----- S. 17, subsection (2) [as added by N.-W. F. P. Pre-emption (West Pakistan Amendment) Act (VI .of 1967)!-Preemptor, qualification of Subsection (2) of S. 17-Retrospective in character-Sale taking place and suit filed before enforcement of subsection (2) but improvement in title of vendee taking place after institution of suit fly means of a registered exchange deed executed before enforcement of 5'ubsection (2)-Transaction, held, fell within prohibited period mentioned in subsection (2) and could not be utilized by vendee to add a new. qualification in his status to defeat pre-emption suit.-[Interpretation of statutes]. (b) West Pakistan Repealing Ordinance (XVIII of 1970)- ---- Ss. 2 & 3 read with N.-W. F. P. Pre-emption Act (XIV of 1950), S. 17 (2) as amended by N,-W. )='. P. Pre-emption (West Pakistan Amendment) Act (VI of 1967))--Repeal of statutes-Effect-Section 2 of Repealing Ordinance, 1970 though repealing enactments specified in its Schedule and N.-W. F. P. 'Pre-emption (West Pakistan Amendment) Act, 1967 being one of statutes thus specified but S. 3 of Repealing Ordinance saves operation, force, and validity of amendments made in N.-W. F. P. Pre-emption Act (XIV of 1950).-[Interpretation of statutes]. In N.-W. F. P. Pre-emption (West Pakistan Amendment).Act (VI of 1967) which added subsection (2) in section 17, N.-W. F. P. Pre-emption Act (XIV of 1950) there is "no different intention" to show that the aforesaid addition or amendment was of a transitory nature, or was intended only for a limited period, or was to lapse tinder the provisions of 1967 Act itself on any date, event or contingency. In that view .of the law, the position which clearly comes out is, .that the addition of subsection (2) made in section 17 of the main Act will remain and continues to be a subsisting part of that Act and repeal of the Amending Act V1 of 196.7, will not ;affect its continuation in the main Act. Section 3 is, therefore, designed to save the operation, force and validity of the amendments already made in the principal enactments by the amending enactments mentioned in the Schedule to the West Pakistan…
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