Case Details

Citation(s)
2010 SLG 2697 2010 SLD 2697 2010 PLD 236

Constitutional Petition No. D-1583 of 2008, decided on 12th April, 2010, dates of hearing: 28-10-2009 and 10-3-2010
MUSHIR ALAM AND AQEEL AHMED ABBASI, JJ
Badar Alam for Petitioner. Nemo for Province of Sindh. Manzoor Ahmed for CDGK,
Respondents Nos. 2 to 4. Tufail A. Dheraj for KBCA,
Respondent No. 5. Moin Azhar Siddiqui and Shamshad Ali Qureshi for
Respondents Nos.6 & 7.

Mst. UMMATULLAH through AttorneY

VS

PROVINCE OF Sindh court through Secretary Ministry of Housing and Town Planning, Karachi and 6 others

Law:

Section:

(a) Constitution of Pakistan (1973)---- ----Arts. 75(3) & 116(4)--- General Clauses Act (X of 1897), Ss.5(3) & 20-A---West Pakistan General Clauses Act (VI of 1956), Ss.2 (41), 3 & 19-A---Date of enforcement of statute---Principles---Question of prospective or retrospective effect ---Scope ---Where any statute does not set out a date on which it is to come into force, then date of enforcement is the day it received assent from the assenting authority (President in case of Central enactment and Governor in case of Provincial enactments)---Where rules, order, regulation or circular having effect of law are issued in exercise of statutory power or delegated authority under any statute, applying ordinary prudence same comes into force on the date of publication in official Gazette---Same principle is applied where any amendment , addition, modification or substitutions made in rules, order, regulation or circular made or issued under any statute---Subordinate delegated legislative instrument applies prospectively unless power to promulgate it retrospectively is specifically conferred or delegated under the statute. Hashwani Hotel Ltd. v. Federation of Pakistan PLD 1997 SC 315; M/s. Army Welfare Sugar Mills Ltd. v. Federation of Pakistan 1992 SCMR 1652 and Dadabhoy Cement Industries Ltd. v. NDFC 2002 CLC 166 rel. (b) General Clauses Act (X of 1897)--- ----Preamble---West Pakistan General Clauses Act (VI of 1956), Preamble---Object and scope---General Clauses Act, 1897 and West Pakistan General Clauses Act, 1956, have been enacted with an object to shorten the language used in Federal and Provincial statutes respectively passed by respective legislature---Provisions of General Clauses Acts, unless a different intention appears in any statute, are to be read as integral part of any statute. (c) Interpretation of statutes--- ----Types of statutes: There are two types of statutes one that mandates applicability of subordinate legislative instruments framed thereunder after publication in the official Gazette and other type do not specifically require publication. (d) Notification--- ----Non-publication in official Gazette---Effect---Merely issuing of…
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