| Citation(s) |
|---|
| 2008 SLG 2660 2008 SLD 2660 2008 PLD 14 |
Quetta High Court
Civil Revision No. 126 of 2002, decided on 31st August, 2007. DATE of hearing: 3rd August, 2007
AKHTAR ZAMAN MALGHANI, J
M. Aslam Chishti for Appellant. Hayuman Tareen for
Respondent. Sadeed Ullah Khan Kakar, Advocate-General
Civil Revision No. 126 of 2002, decided on 31st August, 2007. DATE of hearing: 3rd August, 2007
AKHTAR ZAMAN MALGHANI, J
M. Aslam Chishti for Appellant. Hayuman Tareen for
Respondent. Sadeed Ullah Khan Kakar, Advocate-General
Sheikh ABDUL HAKEEM
VS
SHAMSUDDIN
Law:
Section:
(a) Interpretation of statutes-- ----Heading of statute---Scope---Limited use of heading as an aid to construction can be made in order to clear up obscurities and to read mind of legislature. (b) Interpretation of statutes--- ----Proviso to a provision of law---Object and scope---Proper function of a proviso to a section is to except and deal with a case which would otherwise fall within general language of main enactment---Proviso is a limitation upon effect of principal enactment, where section deals with particular field and provisio excepts or takes out or carries out from the field a particular portion---Proviso is not independent of section, its object is to carve out from main section, a class or category, to which main section does not apply. AIR 1965 SC 1296; AIR 1957 SC 281 and AIR 1955 Mad. 410 rel. (c) Jurisdiction--- ----Special tribunal---Scope--When special tribunal is constituted under a statute, its jurisdiction depends upon specific provisions of the statute and it may be limited by conditions as to its constitution, as to persons whom or to offences which it is competent to try and as to the order which it is empowered to make or by other conditions which law makes essential to validity of its proceedings and orders. (d) Balochistan Civil Dispute (Shariat Application) Regulation, 1976--- ----Arts. 2(1) & (4)---Qazi Courts and Majlis-e-Shoora---Jurisdiction---Scope---Combined effect of Arts.2(1) & 4 of Balochistan Civil Disputes (Shariat Application) Regulation, 1976, is that Qazi Courts and Majlis-e-Shoora have no jurisdiction to try suit wherein Federal or Provincial Government or Local Authority or a Public Corporation or a public servant in his official capacity is a party. (e) Specific Relief Act (I of 1877)--- ----Ss. 42 & 54---Balochistan Civil Dispute (Shariat Application) Regulation, 1976, Arts. 2(1) proviso & 4---General Clauses Act (X of 1897), S.3(28)---Civil Procedure Code (V of 1908), S.115 & O.XLI, R.27---Local authority---Qazi Courts and Majlis-e-Shoora---Jurisdiction---Scope---Additional evidence, production of---Plaintiff sought injunction against construction of road by local authority over his…
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