Law: West Pakistan Pure Food Ordinance (VII of 1960)

Section: Preamble,6,37

Law: General Clauses Act, 1897

Section: 21

Law: Qanun-e-Shahadat (10 of 1984)

Section: 114

Law: West Pakistan Pure Food Rules, 1965

Section: para.19

(a) West Pakistan Pure Food Ordinance (VII of 1960)--- ---- Preamble --- Object of the Ordinance --- West Pakistan Pure Food Ordinance, 1960 was enacted with an object to consolidate and amend the law relating to preparation/sale of goods in the Province of West Pakistan. (b) West Pakistan Pure Food Ordinance (VII of 1960)--- S. 6 --- West Pakistan Pure Food Rules, 1965, Appendix 11, para. 19 --- Ice ­cream --- Composition of --- Deviation from formula stated in Appendix Il, para.19, West Pakistan Pure Food Rules, 1965 --- Effect --- Any deviation from the formula was punishable under S.6 of West Pakistan Pure Food Ordinance, 1960. (c) General Clauses Act (X of 1897)--- ---- S. 21 --- Making of Rules or Bye-laws --- Governmental executive instructions - -- -Scope --- Executive instructions/orders when issued by Authority/State functionary competent to frame/make Rules and if the same were precise, certain and general in nature, such instructions might be treated as having force of statutory rules. Bashir Ahmad Khan v. Muhammad Ali Khan Chaudhry and others PLD 1960 SC 195, The United Netherlands Navigation Co. Ltd. v. The Commissioner of Income-tax South Zone (W.P.),, Karachi PLD 1965 SC 412 Government of West Pakistan v. Nasir M. Khan and others PLD 1965 SC 106, Nazir Ahmad v. Pakistan and others PLD 1970 SC 451: Mukhtar Ahmad v. Government of West Pakistan PLD, 1971 SC 846; Crown Bus, Service v. Central Board of Revenue PLD 1976 Lah. 1487 and Fazal Elahi Ijaz v. Government of the Punjab PLD 1977 Lah. 549 ref. (d) West Pakistan Pure Food Ordinance (VIII of 1960)--- ---- Appendix II, para. 19 --- General Clauses Act (X of 1897), S.21 --- Preparation of ice-cream --- Use of vegetable oil in such preparation --- Use of vegetable oil was a deviation from the formula prescribed for preparation of ice-cream in Appendix 11, para. 19 of West Pakistan Pure Food Rules, 1965---Such deviation was permitted by an executive order/letter which was not published --- Validity--­Such an executive order/letter could neither be treated as a mandatory proviso to para.19 of Appendix 11 of the Rules nor the same could be treated as consistent with the provisions, Of para.19 of…

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