| Citation(s) |
|---|
| 1983 SLG 469 1983 SLD 469 1983 SCMR 785 |
Supreme Court of Pakistan
Civil Petition for Special Leave to Appeal No. 16 of 1975, decision dated: 17 06 1976.(On appeal from the judgment and order of the Lahore High Court, Lahore, dated 2 12 1975 in Civil Revision No. 686 of 1975)
MUHAMMAD GUL, MUHAMMAD AKRAM AND MUHAMMAD HALEEM, JJ
Ch. Khurshid Ahmad Advocate, Supreme Court instructed by: Syed Inayat Hussain, Advocate on-Record for Petitioner. Nemo for
Respondent
Civil Petition for Special Leave to Appeal No. 16 of 1975, decision dated: 17 06 1976.(On appeal from the judgment and order of the Lahore High Court, Lahore, dated 2 12 1975 in Civil Revision No. 686 of 1975)
MUHAMMAD GUL, MUHAMMAD AKRAM AND MUHAMMAD HALEEM, JJ
Ch. Khurshid Ahmad Advocate, Supreme Court instructed by: Syed Inayat Hussain, Advocate on-Record for Petitioner. Nemo for
Respondent
MUHAMMAD SIDDIQUE
VS
THE MARKET COMMITTEE, TANDLIANWALA
Law:
Section:
(a) Punjab Local Government Act (XXXIV of 1975)--- Chap. XVIII read with S. 4 and Punjab Agricultural Produce Markets Act (V of 1939), S. 27 Notification Act of 1939 repealed by Act of 1975 but power of prohibiting establishment of market by Notification preserved in repealing Act Erroneons reference to S. 27 of repealed Act as source of power under which Notification purported to have been issued Held, would not nullify effect of such Notifica-tion [Interpretation of statutes]. (b) Punjab Local Government Act (XXXIV of 1975) S. 222 Condition of previous publication in official Gazette Does not apply to rules or any Notification issued under S. 222 Mere fact that publication .of Notification was delayed Held, can neither invalidate Notification nor make its operation retrospective from any date prior to date of actual signing. (c) Interpretation of statutes ---Principle of natural justice Audi "alreram partem-Vires" of a statute, rule or Notification Held, cannot be questioned on ground that same offends against "rule of audi alteram partem (no one to be condemned unheard). (d) Constitution of Pakistan (1973) Act. 185 (3) Appeal to Supreme Court Relief against discretionary order Held, cannot be granted. JUDGMENT MUHAMMAD GUL, J. This leave petition is from the order of the Lahore High Court dated 2 12 1975 to a civil revision arising in a representative suit by the petitioner herein on behalf of himself and on behalf of a number of traders in farm products carrying on business within the limits of Municipal Committee, Tandlianwala, District Lyallpur. It appears that the plaintiffs have been carrying on their business in shops under licence issued respectively to them under section 6 of the Agricultural Market Produce Act, 1939 (Punjab Act V of 1939) and the Rules framed there under. Under the scheme of that Act, licences once issued were renewed automatically each year unless revoked, suspended or cancelled by an order by the appropriate authority, and it was permissible to carry on business of purchase, sale etc. of farm produce in one's own shop in what was notified as the "market area" under the Act. The Punjab Act of 1939 has been repealed by the Punjab…
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