| Citation(s) |
|---|
| 1993 SLG 1202 1993 SLD 1202 1993 PLD 584 |
Lahore High Court
Writ Petition No. 10563 of 1992, decided on 30th May, 1993. dates of hearing: 3rd, 5th, 9th, 12th, 16th, 17th and 19th May, 1993
SHEIKH ABDUL MANNAN, J
Hamid Ali Khan for Petitioners. Najmul Hassan Kazmi, Muhammad Ashraf Azeem. and Irfan Qadir, Addl. A.G. for
Respondents
Writ Petition No. 10563 of 1992, decided on 30th May, 1993. dates of hearing: 3rd, 5th, 9th, 12th, 16th, 17th and 19th May, 1993
SHEIKH ABDUL MANNAN, J
Hamid Ali Khan for Petitioners. Najmul Hassan Kazmi, Muhammad Ashraf Azeem. and Irfan Qadir, Addl. A.G. for
Respondents
MUHAMMAD SHARIF and 13 others ers
VS
ADMINISTRATOR, MARKET COMMITTEE, KASUR and 4 others --Respondents
Law:
Section:
(a) Interpretation of statutes--- ---- Unless otherwise provided, a particular rule or enactment is applied prospectively, particularly when it relates to existing rights. (b) Punjab Agricultural Produce Market (General) Rules, 1979--- ---- R. 79 --- Applicability --- Rule 79, Punjab Agricultural Produce Market Rules, 1979, is applicable prospectively and prohibition contained therein would not apply to the rights of petitioners who were carrying on their business in the old market --- Authorities were not empowered to direct petitioners to shift to new market; particularly when the former were granting licences for the business to be conducted in the old Sabzi Mandi. Province of West Pakistan v. Mahboob Ali PLD 1976 SC 483; Regional Commissioner of Income Tax, Central Region, Lahore v. Zafar Hussain and others PLD 1992 SC 869; Muhammad Afzal v. The Commissioner Lahore Division etc. PLD 1963 SC 401 and Sultan MaAjee v. Federation of Pakistan Chamber of Commerce and Industry, Karachi and others PLD 1982 SC 174 ref. (c) Punjab Agricultural Produce Market (General) Rules, 1979--- SC 449 ref. ---- Rr. 6, 7, 9 & 29 --- Punjab Agricultural Produce Markets Ordinance (XXIII of 1978), Ss. 6 & 9 --- Exemption from obtaining licence --- Growers and retailers are not exempt from obtaining licence for carrying on their business. Noon Sugar Mills Ltd. v. Market Committee and others PILD 1989 (d) Punjab Agricultural Produce Market (General) Rules, 1979--- ---- Rr. 67 & 79 --- Vires of R.79, Punjab Agricultural Produce Market (General) Rules, 1979 --- Rule 79, Punjab Agricultural Produce Market (General) Rules, 1979, being in the nature of a regulatory provision was not hit by any provision of law but in fact was in the nature of proviso to R.67, whereunder a market committee could be established --- Rule, 79, Punjab Agricultural Produce Market (General) Rules, 1979, was thus, a valid piece of legislation. Bangalore Municipality v. Messrs N. Sirur and Co. AIR 1955 Mys. 147; Radha Krishan v. Compensation Officer Meja, Allahabad AIR 1954 All. 202; Municipal Committee, Khurai through R.S. Krishnachandra, Sharma v. Firm Kaluram Hiralal AIR 1944 Nag. 73; Pakistan…
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