Law:

Section:

(a) Arbitration Act (X of 1940)-------S. 8(2)---Issuance of notice---Purpose---Issuance of notice as provided in S.8(2) of Arbitration Act, 1940, is to put other side under notice than in case the other side does not concur, such party will invoke the jurisdiction of the Court seeking appointment of arbitrator or umpire as the case may be---Where the parties are in agreement for substitution and/or for supplying of a vacancy, the approach to the Court should be avoided and the matter be resolved outside the Court---In the case of dispute or disagreement between the parties, the jurisdiction of Court is to be invoked under S.8 of Arbitration Act, 1940. (b) Administration of justice--- ---- Preference is to be given to do justice on merits of the case rather than to non-suit a party on mere technical grounds unless such technicality is essential for the purpose of administering justice or creates a substantive right in the other party. (c) Landlord and tenant--- ----Notice---Issuance of statutory notice---Scope---Intention of the legislators for enacting such provisions, is to extend protection to the tenants to remain in occupation or the premises for a specified period and that such tenants who are entitled for a statutory notice should not be evicted prior to the period as provided in the relevant laws. E.A. Evans v. Muhammad Ashraf PLD 1964 SC 536; Muhammad Ramzan v. Ch. Bashir Ahmad PLD 1981 SC 340; Syed Azhar Imam Rizvi v. Mst. Sauna Khatoon 1985 SCMR 24; Maj. (Retd.) Muhammad Yousaf v. Mehraj-ud-Din and others 1986 SCMR 751; Pakistan National Shipping Corporation v. Messrs General Service Corporation 1992 SCMR 871 and Ghulam Waris v. Riaz Ahmed, Advocate 1990 MLD 2300 ref. (d) Interpretation of statutes--- ---- To ascertain whether a provision of law or rule is mandatory or directory in nature, the language used in the statute and its purpose for which such provision is enacted has to be looked into---Where the language of a provision is couched in mandatory form, it is to be performed in the same manner as prescribed by law---In the case of other provisions which are directory in nature and non­compliance of which at a belated stage, neither results in…

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