Case Details

Citation(s)
2004 SLG 2000 2004 SLD 2000 2004 CLC 1797
Sindh High Court
Suit No.639 of 1987, decision dated: 3rd November, 2003.
SHABBIR AHMED, J

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RIMPA LIMITED and another --Plaintiff

VS

KARACHI METROPOLITAN CORPORATION---Defendant

Law:

Section:

(a) West Pakistan Civil Courts Ordinance (II of 1962)-------Ss. 5 & 7 [as substituted by Sindh Civil Courts (Amendment) Ordinance (XXX of 2002)]---Pecuniary jurisdiction of District Courts at Karachi---Pecuniary jurisdiction of Karachi District Courts having been enhanced upto Rupees thirty lacs under S.7 of West Pakistan Civil Courts Ordinance, 1962 as substituted by Sindh Civil Courts (Amendment) Ordinance, 2002, suits and other proceedings up to value of Rupees thirty lacs, could be filed both in the High Court and District Courts of Karachi and both the Courts had concurrent jurisdiction to that extent---Subsequent amending Ordinances, including Sindh Civil Courts (Amendment) Ordinance, 2002, would not curtail jurisdiction of District Courts at Karachi. Firdous Trading Corporation and others v. Japan Cotton and General Trading Co. Ltd. PLD 1961 Kar. 565; in re: Office reference in Respect of Civil Courts (Sindh Amendment) Ordinance, 1970 PLD 1981 Kar. 210; Mian Akbar Hussain v. Mst. Aishabai and others PLD 1991 SC 985; Province of Sindh v. Haji Razzak and another 1991 SCMR 920; Pakistan Fisheries Ltd. Karachi and others v. United Bank Ltd. PLD 1993 SC 109; Brothers Steel Mills Ltd. and others v. Mian Ilyas Miraj and 14 others PLD 1996 SC 543; Messrs Muslim Commercial Bank Ltd. v. Messrs Nisar Rice Mills Lahore and another 1993 CLC 1627; Shamas Textile Mills Ltd. v. Province of Punjab 1999 SCMR 1477; Ram Sarup v. Munshi and others AIR 1963 SC 553 and Nithi Lal v. Mazhar Hussain and others ILR 7 Allahabad 230 ref. (b) Interpretation of Statutes--- ---- Repugnancy between the Provincial and Central Legislature--­Repugnancy between Provincial and Central Legislature could be ascertained on basis of three principles; viz. whether there was direct conflict between provisions of two statutes; whether Parliament intended to lay down an exhaustive Code in respect of the subject-matter replacing the Act of the Provincial Legislature and whether the law made by Parliament and law made by Provincial Legislature, occupied the same field---If Federal law was passed with respect to a matter in the Federal List or Concurrent List, it would be intra vires the Federal…
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