| Citation(s) |
|---|
| 1982 SLG 714 1982 SLD 714 1982 PLD 174 |
Supreme Court of Pakistan
Civil Appeal No. K-96 of 1981, decision dated: 3rd February,1982. (On appeal from the judgment and order of the HighCourt of Sind, Karachi, dated 27-8-1981, passed inConstitutional Petition No. 542 of 1981).
ABDUL KADIR SHAIKH, SHAH NAWAZ KHAN, SHAFIURREHMAN AND ZAFFAR HUSSAIN MIRZA, JJ
Civil Appeal No. K-96 of 1981, decision dated: 3rd February,1982. (On appeal from the judgment and order of the HighCourt of Sind, Karachi, dated 27-8-1981, passed inConstitutional Petition No. 542 of 1981).
ABDUL KADIR SHAIKH, SHAH NAWAZ KHAN, SHAFIURREHMAN AND ZAFFAR HUSSAIN MIRZA, JJ
SULTAN MAWJEE AND 3 OTHERS vsFEDERATION OF PAKISTAN CHAMBER OF COMMERCE AND INDUSTRY, KARACHI AND 3-OTHERS
Law:
Section:
(a) Articles of Association of Federation of Pakistan Chamber of Commerce and Industry--- Art. 15(b) [as amended in December 1979]-Election of President True intent underlying provisions of Art. 15(bj : Office of President to be enjoyed by election within respective zones according to their turn subject to reservations made-Amended provisions of Art. 15 (b) providing for rotation within zones having come into force in December 1979, no question of cycle commencing prior to December 1979, held, arises-Rule illustrated-Trade Organizations Ordinance (XLV of 1961), S. 3. (b) Trade Organizations Ordinance (XLV of 1961)- S. 9-Interpretation of statutes-Statutes pertaining to exercise of trade or profession, to eminent domain, to restraint of personal liberty or freedom of contract etc.-Statutes in derogation of common object and subject to strict construction-Corporation in general subject to reasonable and proper regulation by State but authority of executive functionaries to make regulations to enforce a statute limited to making regulations falling within scope of power granted and their being reasonable-True construction of provisions of S. 9-Held, falls within aforesaid general principles.-[Interpretation of statutes]. (c) Trade Organizations Ordinance (XLV of 1961)- Ss. 8 & 9-Amendment of Articles of Association-Power of Governor-Interpretation of statutes-Section 8 overrides all other provisions contained in any other law-Government, hence, can rescind amend, or otherwise modify Articles of Association, Memorandum, rules or bye-laws of a registered Trade Organization only in manner provided in S. 8, viz. by calling upon such trade organization to inter alia amend Articles of Association within a prescribed time and can exercise its mandatory power to direct any such amendment or modification in Articles of .Association only when Trade Organization fails or neglects to comply with such direction-Further, such modification or amendment takes effective shop.- only upon issuance of a notification in official Gazette-Government's direction that office of President of Federation of Chamber of Commerce and Industry for July, !981 to 31st June, 1982 be earmarked…
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