| Citation(s) |
|---|
| 2003 SLG 2511 2003 SLD 2511 2003 CLC 430 |
Lahore High Court
Writ Petitions Nos.2271 and 2351 of 2001, heard on 30-07-2002.
M. JAVED BUTTAR, J
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Writ Petitions Nos.2271 and 2351 of 2001, heard on 30-07-2002.
M. JAVED BUTTAR, J
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UMAR MUJEEB SHAMI
VS
DISTRICT MAGISTRATE/DEPUTY COMMISSIONER, ISLAMABAD and 2 others
Law:
Section:
(a) General Clauses Act (X of 1897)-------Ss. 6 & 24---Constitution of Pakistan (1973), Arts.89 & 264---Repeal of temporary legislation---Effect on permanent legislation ---Principle--Repeal effected by temporary legislation is only a temporary repeal and a permanent enactment revives on the expiry of the repealing Ordinance. Federation of Pakistan and others v. M. Nawaz Khokhar and others PLD 2000 SC 26 and Pir Sabir Shah . v. Shad Muhammad Khan, Member, Provincial Assembly, N.-W.F.P. and another PLD 1995 SC 66 rel. (b) West Pakistan Press and Publications Ordinance (XXX of 1963)--- ----Preamble---Registration of Printing Press and Publications Ordinance (XLVIII of 1997), Preamble---Constitution of Pakistan (1973), Arts.89 & 264---Repeal of Registration of Printing Press and Publications Ordinance, 1997---Revival of West Pakistan Press and Publications Ordinance, 1963---Validity---On the expiry of Registration of Printing Press and Publications Ordinance, 1997, the West Pakistan Press and Publications Ordinance, 1963, being the permanent legislation having been approved by the Assembly, stood revived---West Pakistan Press and publications Ordinance, 1963, was thought revived, yet the same was no more effectively in existence because a large number of its provisions were declared to be against the Injunctions of Islam by Supreme Court in case titled Federation of Pakistan and others v. Public-at-large and others, reported as PLD 1988 SC 202 and ceased to have effect from 30-9-1988. Federation of Pakistan and others v. M. Nawaz Khokhar and others PLD 2000 SC 26; Federation of Pakistan and others v. Public-at-large and others PLD 1988 SC. 202 and Pir Sabir Shah v. Shad Muhammad Khan, Member Provincial Assembly, N.-W.F.P. and another PLD 1995 SC 66 . ref. (c) West Pakistan Press and Publications Ordinance (XXX of 1963)---- ----Ss. 4, 9, 10, 12, 23, 24, 48 & 49---Constitution of Pakistan (1973), Art. 199---Constitutional jurisdiction of High Court---Scope---Law making power and incorporating proposed amendments in the statute--Validity---High Court had no law-making powers and jurisdiction to incorporate amendments proposed by Supreme Court. in…
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