Law: Illegal Dispossession Act, 2005

Section: 3(2),5,Preamble

Law: Civil Procedure Code (V of 1908)

Section: O.XIV,R.2

Law: Specific Relief Act, 1877

Section: 9,54,8

Law: Pakistan Penal Code, 1860

Section: 447

(a) Illegal Dispossession Act (XI of 2005)--- ----S.3 (2)---Penal Code (XLV of 1860), S.447---Constitution of Pakistan (1973), Art.12 (1)---Criminal trespass---Punishment---Retrospective effect---Scope---If offence of criminal trespass under S.447 P.P.C. is considered to be the law relating to punishment of such offence/offences which are in vogue since long, the enhanced punishment provided under S.3 of Illegal Dispossession Act, 2005, is squarely hit by the prohibitory command of Art.12 (1) of the Constitution. Abdul Rehman v. The State 1978 SCMR 292 ref. (b) Constitution of Pakistan (1973)--- ----Art.12---Protection against---Retrospective punishment---Scope---Legislature has unfettered powers to make laws with retrospective effect which include substantive law and law of procedure---Restriction under Art.12 of the Constitution has been imposed on the powers of legislature to the effect that it cannot make laws to punish acts or omissions of the past which by then were neither declared offences by law nor any punishment was provided therefore---Only exception created under. Art.12(2) of the Constitution, covers the offence of high treason---Giving retrospective effect to any new enactment which enhanced punishment for offence from one which was provided for the same offence under law prevailing at the time when the offence was committed, has been prohibited under Art.12 of the Constitution. (c) Illegal Dispossession Act (XI of 2005)--- ----S. 5---Specific Relief Act (I of 1877), Ss.9 & 54---Civil Procedure Code (V of 1908), O.XIV, R.2---Constitution of Pakistan (1973), Art.12---Criminal .Procedure Code (V of 1898), Ss.145 & 561-A---Quashing of proceedings---Illegal dispossession---Pendency of civil litigation---Remedy---During pendency of suit for mandatory injunction before civil court, respondents; filed complaint under S.5 of Illegal Dispossession Act, 2005, alleging that petitioner intended to dispossess them by force---Grievance of petitioner was that cognizance taken under S.5 of Illegal Dispossession Act, 2005 by Trial Court was without lawful authority---Validity---When complaint was drafted and filed in Trial Court, the act complained of had…

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