Case Details

Citation(s)
1999 SLG 306 1999 SLD 306 = 1999 SCMR 507
Supreme Court of Pakistan
Civil Petition No. 1531-L of 1998, decision dated: 21stOctober, 1998. (On appeal from the order dated 14-9-1998 ofthe Lahore High Court, Lahore in W. P. No. 18627 of 1998)
MUNIR A. SHEIKH AND WAJIHUDDIN AHMED, JUSTICE
Syed Shamim Abbas Bokhari, Advocate Supreme Court for Petitioner. Muhammad Anwar Bhindar, Senior Advocate Supreme Court for
Respondent No. 3. Asadullah Siddiqui, Advocate Supreme Court and Salah-ud-Din, Advocate-on-Record for
Respondent No. 4

Malik RIAZ AHMED vsKHALID HANIF, DEPUTY COMMISSIONER, HAFIZABAD and 3 other

Law: Punjab Local Government Ordinance, 1979

Section: 106(1), 51, 62, 63, 101 & 3(1)(v)

(a) Punjab Local Government Ordinance (VI of 1979)--Ss. 3(1)(xix) & 106(1)---"Market"---Definition---Cattle and fair market--­"Fair" always encompasses a "market" though market may not be equivalent to fair---"Fair" being, to a limited extent, permissible in terms of proviso to S.106(1), Punjab Local Government Ordinance, 1979, a market may, to that extent, fall within the ambit of permissibility which only implied that when a fair was being organised a market may collaterally be covered but, at the same time, did not mandate a "market" simpliciter if independent of a fair a "market" would be impermissible.Definition clause covering a "market" as occurring in section 3(1)(xix) of the Punjab Local Government Ordinance, 1979 signifying a market to mean "a place where persons assemble for the sale and purchase of meat, fish, poultry, fruit, vegetables or other eatables and foods or for the sale and purchase of livestock and animals and including any place which may, from time to time, be notified as a "market" does not seem to make any significant difference. As always before, none of the attributes of a market, so defined, would detract from the conclusion that every fair is a market but every market is not a fair or that while a market may not be the equivalent of a fair yet a fair always encompasses a market. Thus, a fair being, to a limited extent, permissible in terms of the proviso attached to section 106(1), market may, to that extent, fall within the ambit of permissibility. That, however, only implies that when a fair is being organised a "market" may collaterally be covered but, at the same time, does not mandate a market simpliciter if independent of a fair a "market" be impermissible.Mehboob Yar Khan v. Municipal Committee, Mian Channu PLD 1975 Lah. 748 ref.(b) Punjab Local Government Ordinance (VI of 1979)-------Ss. 106(1), 51, 62, 63, 101 & 3(1)(v)---"Cattle"---Definition---"Cattle" is defined in S. 3(1)(v), Punjab Local Government Ordinance, 1979 to mean "cows, buffaloes, bulls, oxen, bullocks, heifers, camels, calves, sheep and goats"---Exception---Provision of S. 106(1), Punjab Local Government Ordinance, 1979 where it mandates the holding…
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