Law:

Section:

(a) Constitution of Pakistan (1973)-------Ar.199---Circular No.RD/01/2002, dated 22-5-2002 issued by Agricultural Development Bank of Pakistan--¬Constitutional petition---Loans obtained by farmers under policy of Bank formulated for calamity affected areas---Bank announced relief package through circular dated 22-5-2002 in view of drought prevailing in different parts of country giving concession to farmers in re-payment of loans and mark-up etc. ---Provincial Government by a notification declared areas belonging to petitioners as calamity hit areas for period from Kharif 2000 to Rabi 2000-2001---Such notification was amended through corrigendum, whereby such period was substituted by 1-7-2001 to 30-6-2002--¬Bank denied to extend benefit of corrigendum to petitioners and demanded from them loans alongwith mark-up etc.---Validity---Corrigendum had been given retrospective effect as period for purpose of calamity and drought was computed from 1-7-2001 to 30-6-2002---Corrigendum conferred benefits on petitioners as drought affectees--¬Petitioners were entitled to relief granted through circular dated 22-5-2002---Denial of Bank to extend such benefit to petitioner was an act without jurisdiction and lawful authority---High Court accepted Constitutional petitions with observations that those petitioners having loan up to Rs.25,000 would be entitled to remission of interest/mark¬up thereon, while those petitioners, who had availed loan up to Rs.1,00,000, would be entitled to 100% remission of outstanding amount of interest/mark-up, provided principal amount was re-paid to Bank within two months either in lump sum or in instalments. (b) Notification--- ---- Retrospective effect of---Scope---Notification taking awab existing rights or creating -new liabilities is always prospective and not retrospective---Notification conferring benefits on indiuidual(s) or class of individuals is always given retrospective effect. Messrs Army Welfare Sugar Mills Limited and others v. Federation of Pakistan 1992 SCMR 1652; State Bank of Pakistan v. Messrs Faisal Spinning Mills Limited 1997 SCMR 1244 and Anoud, Power Generation Limited and others v. Federation of Pakistan and others PLD…

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