| Case ID |
17a2d723-91c0-4dea-be3b-7e76374fdc85 |
| Body |
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| Case Number |
Criminal Revision Petition No. 1123 of 1954 |
| Decision Date |
Apr 05, 1955 |
| Hearing Date |
|
| Decision |
The Lahore High Court ruled that the prosecution against Habib Ullah under the Punjab Paddy and Rice (Movement Control) Order, 1952 could not continue following the cancellation of the Order by the subsequent Punjab Paddy and Rice (Movement Control) Order, 1953. The court emphasized that the prosecution was not competent after the cancellation of the earlier Order, as it was deemed a temporary statute. The ruling highlighted the legal distinction between cancellation and repeal, asserting that the effect of the Order could not be preserved post-cancellation. The court accepted the petition and quashed the proceedings against the petitioner. |
| Summary |
In the case of Habib Ullah vs. The Crown, the Lahore High Court addressed the implications of the cancellation of the Punjab Paddy and Rice (Movement Control) Order, 1952. The court determined that prosecutions under temporary statutes cease once they are no longer in effect. This decision is pivotal in understanding the legal framework governing temporary legislation and its enforcement. The ruling clarifies that cancellation of an order does not equate to repeal, and thus, the legal consequences of such orders do not extend beyond their operational period. The case is significant for legal practitioners focusing on administrative law and the enforcement of regulatory controls in agricultural movements. It also touches upon the broader principles of legislative intent and the continuity of legal processes in light of changing statutory frameworks. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
B. Z. KAIKAUS, J
|
| Lawyers |
Mohsin Shah,
Zaheer Abbas
|
| Petitioners |
HABIB ULLAH
|
| Respondents |
THE CROWN
|
| Citations |
1955 SLD 97,
1955 PLD 396
|
| Other Citations |
Crown v. Haveli P L D 1949 Lah. 550 (F. B.)
|
| Laws Involved |
Punjab Paddy and Rice (Movement) Control Order, 1952,
Essential Supplies (Temporary Powers) Act, 1946
|
| Sections |
7
|