Law: General Clauses Act, 1897

Section: 6

Law: Constitution of Pakistan, 1973

Section: 185

Law: Civil Procedure Code (V of 1908)

Section: O.XXIII,R.1

(a) Interpretation of statutes----- Word "omission" when used in a statute for purpose of amending existing law means that part of the statute which has been deleted has been erased and removed from statute book as if it had never existed before---Amending statute usually uses the word "omission" for textual amendment. ---[Words and phrases]. Black's Law Dictionary, Oxford Dictionary and Webster's Dictionary rel. (b) Interpretation of statutes--- ---- Word "repeal" conveys meaning of obliteration of the statute by another statute from the statute book as if it had never been passed. ---[Words and phrases]. (c) General Clauses Act (X of 1897)--- ----S. 6---Words "repeal" or "omission" used in a statute for amending the entire or part of the statute carry the same effect---In such a situation pending proceedings at the time of such amendment would be decided by Court where proceedings - were pending as visualised by S.6, General Clauses Act, 1897. Fakhro v. Settlement Commissioner PLD 1979 Kah.. 486; J.K.K. Angappan v. Income Tax Officer (.1974) 94 ITR 397 and Civil Laws (Reforms) Act, 1994, S. 115 ref. (d) Civil Procedure Code (V of 1908)--- ----O. XXIII, R.1-=-Constitution of Pakistan (1973), Art.185---Withdrawal of suit with permission to bring fresh suit on payment of costs---On specified date when costs were paid petitioners were not present, so those costs were accepted by, Municipal Corporation---.Leave to appeal was granted to consider- whether acceptance of costs by one of defendants would entitle other defendants .to object to the filing of fresh/second suit. ORDER SALEEM AKHTAR, J.---These petitions will be disposed of by this order as the facts and questions of law involved are common. The petitioners seek leave to appeal against the judgment of the learned Judges of the Division Bench of the High Court, whereby Constitution Petition filed by them was dismissed. 2. Abdul Wahid had filed a suit for declaration and permanent injunction against the Quetta Municipal Corporation. It was pleaded that he was tenant of respondent No. 1 in respect of a shop and was regularly paying rent. The Quetta Municipal Corporation (hereinafter referred to as the…

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