Case Details

Citation(s)
1986 SLG 137 1986 SLD 137 1986 SCMR 1114
Supreme Court of Pakistan
Civil Appeal No. 127 of 1977, decision dated: 10-03-1986
MUHAMMAD HALEEM, C.J., NASIM HASAN SHAH, SHAFIUR RAHMAN AND MIAN BURHANUDDIN KHAN, JJ
Aftab Ahmad Khan, Advocate Supreme Court instructed by Rao Muhammad Yousaf Khan, Advocate-on-Record for Appellant. Munir A. Sheikh, Additional Attorney-General for Pakistan and Ch. Fazle Hussain, Advocate-on-Record (absent) for
Respondent No. 1. Responden

Messrs RAFHAN MAIZE PRODUCTS C0. Ltd.

VS

PAKISTAN FOOD AND AGRICULTURE COMMITTEE and another

Law: Constitution of Pakistan, 1973

Section: 185(3)

Law: Oil Seeds Committee Act, 1946

Section: 2(e),2(6),3(1)(a)

(a) Constitution d Pakistan (1973)----Art. 185(3)--Oil seeds Committee Act (IX of 1946), S. 3(1)--Leave to appeal granted to consider whether extraction of maize oil conformed to S.3(1)(a) of Act of 1946 so as to justify levy of cesses. (b) Interpretation of statutes-- ---Words and phrases--Words not defined in statute--Meaning to be attributed--When meaning given is contrary to, or inconsistent with expressed intention of word or involves any absurdity, repugnance, or inconsistency, it is only then that grammatical sense is modified, extended or abridged so as to avoid any ambiguity, but no further. (c) Oilseeds Committee Act (IX of 1946)-- ---S. 2(e)--"Oilseeds" not defined in S.2(e) but merely recites "Oilseeds does not include coconuts"--Provision of S.2(e), therefore, refers to Oilseeds with the exception of coconut--Word "oilseed", therefore, is used in totality to include all oil yielding seeds irrespective of their oil contents, which, is the expressed intention of the word. (d) Words and phrases-- --- Words 'seed' and 'grain'--Meaning. (e) Oilseeds Committee Act (IX of 1946)--- ---S. 2(e)--"Seed"--"Corn", whether a seed. The word "seed" is to mean "flowering plant's unit of reproduction capable of developing into another such plant". "Grain" is defined to mean "fruit or seed of a cereal such as wheat or corn. Essentially, therefore, the corn is also a seed though being an edible grain. It is classified as a cereal, nonetheless it remains a seed which when sown can germinate into a new plant. There is, therefore, no magic if it is regarded as a food-grain by some sources and for that matter it can have no different meaning than that of an ordinary "seed". Concise Oxford Dictionary, New Edn. p. 1028 ref. (f) Oilseeds Committee Act (IX of 1946)-- ---S. 2(e)--"Oilseed"--Definition--"Oilseed" includes all varieties of seeds which are oil bearing and from which oil is extracted.--[words and phrases]. Webster's New International Dictionary, Second Edn. , p. 1694 ref. (g) Oilseeds Committee Act (IX of 1946)-- ---S. 2(6)--Maize, whether a seed. The argument that maize, if crushed, would not produce oil as it is only from maize germ which after being separated…
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