Law:

Section:

(a) Interpretation of statutes------- Amendment in law---Effect- Where different intention does not appear in the amending law, pending would not be adversely decided in accordance with the provisions of law Which were in force at the time of their institution and not in accordance with amended law. Fazal Dad v. Khadim Hussain 1995 MLD 1299 and Sardar Ali v. Muhammad Ali PLD 1988 SC 291 ref. (b) Azad Jammu and Kashmir Right of Prior Purchase Act, 1993 (B.K.)--- ----S. 14 [as amended by Azad Jammu and Kashmir Right of Prior Purchase (Amendment) Act, 1993]---Azad Jammu and Kashmir Interim Constitution Act (VIII -of 1974), S. 42---General Clauses Act (X of 1897), S: ~6---Suit for pre­emption was filed by plaintiff (being sister of vendor) before amendment in S.14, Azad Jammu and Kashmir Rights of Prior Purchase Act was effected and when a sister being collateral, was entitled to bring suit for- pre-emption--­During pendency of plaintiff's suit for pre-emption, S. ~14, Azad Jammu and Kashmir Prior Purchase Act was amended and in place of existing rights of pre­emption rights on basis of Islamic Injunctions .were incorporated whereby plaintiff lost her right of pre-emption as a result whereof Trial Court dismissed plaintiff's suit for pre-emption; dismissal of suit was affirmed in appeal- --High Court reversed findings of Courts below by maintaining that amendment brought in S. 14, Azad Jammu and Kashmir Prior Purchase Act would not adversely affect pre-emption suits which were already pending in Courts before the amendment---High Court decreed plaintiff's suit---Validity---Where contrary intention does not appear in relevant statute, suits which were pending at the time of amendment of S. 14 of the Act, would be governed by un-amended provisions which were in force at the time of institution of suit and not in terms of amended law---Finding of High Court decreeing plaintiff's suit was affirmed in circumstances. State of Orissa v.. M/s. M.A. Tulloch & Co. AIR 1964 SC 1284; Bimila Prasad Ray v. State of West Bengal AIR 1951 Cal. 258; Mahabir Sugar Mills (Pvt.) Ltd. v. The Union of India AIR 1975 All. 239; State of Punjab,v. Mohar Singh Pratap Singh AIR 1955 SC 84…

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