| Citation(s) |
|---|
| 1995 SLG 905 1995 SLD 905 1995 PLD 56 |
Lahore High Court
Writ Petition No. 5454 of 1988, decided on 31st May, 1994.
KHALIL-UR-REHMAN KHAN, SAJJAD AHMED SIPRA AND TANVIRAHMED KHAN, JJ
Muhammad Ilyas Khan with Ghazi M.A. Rashid for Petitioners. Abdul Latif Ch. and Farooq Bedar, Addl. A.G. and Abdul Aziz Akhgar for
Respondents
Writ Petition No. 5454 of 1988, decided on 31st May, 1994.
KHALIL-UR-REHMAN KHAN, SAJJAD AHMED SIPRA AND TANVIRAHMED KHAN, JJ
Muhammad Ilyas Khan with Ghazi M.A. Rashid for Petitioners. Abdul Latif Ch. and Farooq Bedar, Addl. A.G. and Abdul Aziz Akhgar for
Respondents
WATER AND POWER DEVELOPMENT AUTHORITY and othersvsMian MUHAMMAD RIAZ and another
Law:
Section:
(a) Electricity Act (IX of 1910)--- ----S. 24(2) [as amended by Electricity Act (Punjab Amendment) Ordinance (XXIX of 1971) and Electricity (Amendment) Ordinance (LXII of 1979)]--Constitution of Pakistan (1973), Art. 143---Inconsistency between Federal and Provincial Laws---Provision of S.24(2) as amended by Provincial Statute and as amended by Federal Statute in respect of the same matter---Mode to resolve inconsistency between Provincial Statute and Federal Statute under Art.143, Constitution of Pakistan---Where any provision of Provincial Statute was in conflict with any provision of Federal Statute, then Federal Law would prevail and Provincial Law, would, to the extent of, repugnancy or conflict, be void---Both the provisions of S.24(2), one amended by Provincial Statute and the other by Federal Statute cannot stand together as the one conferred right of appeal while the other took away said right---Both provisions (as per respective amendments) being in respect of the same matter, the provision of Federal Law have to prevail by virtue of Art. 143 of the Constitution.--[Interpretation of statutes]. Chairman, WAPDA and others v. Advisory Board and others 1987 CLC 1503; Pakistan Mineral Development Corporation v. Paksitan WAPDA and others PLD 1986 Quetta 181; PLD 1972 Punjab Statutes 22 and PLD 1980 Central Statutes 7 ref. Zaver Bhatti v. State of Bombay AIR 1954 SC 752; Tika Ramji v. State of Uttar Pradesh AIR 1956 SC 676; Deep,Chand v. State of U.P. AIR 1959 SC 648; Mangtulal v. Radhashayam AIR 1953 Pat. 14; Chief Secretary, Government of East Pakistan v. Muslahuddin Sakdar PLD 1957 SC (Pak.) 1; Malhi Khan v. Member, Board of Revenue PLD 1991 SC 824 and Kashif Nadeem alias Pappi v. State 1992 PCr.LJ 1799 mi. (b) Electricity Act (IX of 1910)--- ----Ss. 26(6) & 26-A--=Determination of electricity charges made by Water and Power Development Authority under S.26, Electricity Act, 1910 for dishonestly extracted electricity---Electric Inspector in contemplation of S.26-A, Electricity Act, 1910, whether vested with jurisdiction to adjudicate upon such matter---Dispute between parties related to amount of charges (demanded in a bill sent to consider for…
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