Case Details

Citation(s)
2005 SLG 1162 2005 SLD 1162 2005 SCMR 471
Supreme Court of Pakistan
Civil Appeal No. 1896 of 1998, decision dated: 13-05-2004
NAZIM HUSSAIN SIDDIQUI, C.J., JAVED IQBAL AND ABDUL HAMEED DOGAR, JJ

Deprecated: str_replace(): Passing null to parameter #3 ($subject) of type array|string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 395

GHIASUDDIN and others --Appellants

VS

. GHULAM MOHYUDDIN and others --Respondents

Law:

Section:

(a) Words & Phrases "Policy" "Notification" Connotation Policy in fact is a mechanism evolved to face, check and resolve a particular situation whereas the notification is an instrument through which it is enforced ¬Competent authority is to choose as to which part of the policy or the entire policy excluding certain principles incorporated therein, is required to be implemented and the discretion so exercised cannot be questioned ." Policy" and "Notification" are not interchangeable or synonymous terms having its own peculiar characteristic, import and significance. (b) Words & Phrases ¬ "Policy", "Policy of law" and "public policy" Meanings. The word 'policy' is defined as meaning a settled or definite course or method adopted by a Government, institution, body or individual. As applied to a rule of law, 'policy' refers to its probable effect, 'tendency, or object, considered with respect to the social or political well being of a State. Policy of the law. The term is difficult to define. It has been considered to refer to the purpose and spirit of the substantive laws of a State, whether such laws be found in the Constitution and statutes or in judicial records. The term has been said to be synonymous with public policy. The term public policy is perhaps the most expansive and widely comprehensive phrase known to the law. It has been said that the doctrine of public policy originated in England in the early part of the Fifteenth Century, and that the principle of public policy owes its existence to the very sources from which the common law is supplied. The phrase is used in several senses, and it may mean the prevalent notions of justice and general fundamental conceptions of right and wrong and it may mean both. It is, a vague, indefinite, and nebulous term. It is evident that public policy is a relative term and sometime lacks in precision and oftenly is used indistinctly and there must be pragmatic approach for understanding its real meaning to the light of the circumstances surrounding the, particular transaction. When a policy or direction is given for guidance to the officers of a department without any statutory backing, no claim of vested…
🔒
Continue readingLogin or create an account to access the complete content.Login / Register

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492