| Citation(s) |
|---|
| 1992 SLG 1074 1992 SLD 1074 1992 CLC 2179 |
Lahore High Court
Writ Petition. No. 5215 of 1992, decided on 15th July, 1992. dates of hearing: 8th and 14th July, 1992
FAZAL KARIM, J
Mrs. Nasira lqbal for Petitioner. Mirza Hafeez-ur-Rehman for
Respondent No. 1. Irfan Qadir for
Respondent No. 2
Writ Petition. No. 5215 of 1992, decided on 15th July, 1992. dates of hearing: 8th and 14th July, 1992
FAZAL KARIM, J
Mrs. Nasira lqbal for Petitioner. Mirza Hafeez-ur-Rehman for
Respondent No. 1. Irfan Qadir for
Respondent No. 2
MUHAMMAD AMIN
VS
TOWN COMMITTEE, ZAFARWAL through its Chairman and 2 others
Law:
Section:
(a) Punjab Local Government Ordinance (VI of 1979)--- ---- Ss. 62 & 106 --- Expressions "market", "fair" and "show"--Meaning scope and import --- Powers of Urban Local Council to hold cattle markets within its local area, whether saved by - S.106 of the Punjab Local Government Ordinance, 1979 --- Provision of S. 62(1-A), Punjab Local Government Ordinance, 1979 prohibits against holding of cattle markets, private or otherwise but words "cattle shows" and "cattle fairs" do not occur at all --- All such three expressions viz., "Mandis", "shows" and "fair" have been used in S.106 --- Urban Local Council, thus, would not hold cattle shows and fairs within limits of its local area, but could hold Bakar Mandis for sale of cattle meant for slaughter and charge fee for cattle as bye-laws would provide --- Proviso to S.106(l) enacts an exception to the general rule that an urban local council would not hold cattle shows and fairs within limits of its local area. In section 106, Punjab Local Government Ordinance, 1979 all the three expressions "market, fair and show" have been used and the inference must be that the law-maker intended the three expressions to be understood in different senses. In its ordinary dictionary meaning also a "fair" includes some side shows and amusements. In the context of sections 62 and 106 of the Ordinance, a cattle market cannot be regarded as the same thing as a cattle fair. Section 106, itself provides a, strong indication of the legislative intent that the expression "market" was not intended to include the word "fair" and this is reinforced by a consideration of the very important fact that what section 62, subsection (1-A) prohibits is the holding of markets by urban councils, and what section 106(l) permits the urban local councils to do is the holding of "shows" and "fairs" and not the holding of .markets". Mahboob Yar Khan etc. v. Municipal Committee, Mian Channu etc. PLD 1975 Lah. 748; Mohinder Singh Sawhney v. State of Punjab and others AIR 1968 Punjab and Haryana 391 and Oxford English Dictionary ref. (b) Interpretation of statutes--- ---- Legislature, like any other author must be taken to be consistent with itself and mustβ¦
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