| Case ID |
2a8355ca-1ec3-45d5-9496-e3424552d282 |
| Body |
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| Case Number |
Writ Petition No. 76 of 1980 |
| Decision Date |
Apr 29, 1980 |
| Hearing Date |
|
| Decision |
The Lahore High Court, in Writ Petition No. 76 of 1980, addressed the interpretation of statutes concerning the Law Reforms Ordinance (XII of 1972). The court ruled that the rights of parties should be determined according to the law in effect at the commencement of the action unless the new law clearly indicates an intention to alter such rights. The decision emphasized that the legislature has the authority to enact laws with retrospective effects, provided the intention is explicitly stated. The court also clarified that the repeal of a statute without provisions for exceptions applies only prospectively, allowing rights under the repealed law to survive. The appeal was dismissed as the law applicable at the relevant time had provisions for appeal, and thus no right existed to move the intra-court appeal. |
| Summary |
This case revolves around the interpretation of statutes under the Law Reforms Ordinance (XII of 1972) by the Lahore High Court. The petition was filed by Kh. Fakharuddin against Hasinuddin Qureshi and others regarding the transfer of property. The court's decision highlighted the principles of law concerning the retrospective application of new statutes and the survival of rights under repealed laws. It established that unless explicitly stated, the repeal of a law does not affect rights accrued under the prior legislation. The case serves as a significant precedent in understanding the legislative powers and the interpretation of statutes in Pakistan, particularly in relation to property rights and legal appeals. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
M. S. H. QURESHI,
MUHAMMAD HABIBULLAH
|
| Lawyers |
S. M. Zamir Zaidi
|
| Petitioners |
Kh. FAKHARUDDIN
|
| Respondents |
3 others,
HASINUDDIN -QURESHI
|
| Citations |
1980 SLD 674,
1980 PLD 778
|
| Other Citations |
P L D 1977 Lab. 684,
In re: Williams and Stepney (1891) 2 Q B 257,
Stead v. Carey (1845) 14 L J C P 177,
In re: Athlumney (1898) 2 Q B 551,
In re: Joseph Suche & Co. Limited (1875) 1 Ch. D 48,
Colonial Sugar Refining Co. v. Irving 1905 A C 369,
Delhi Cloth and General Mills Co. Ltd. v. Income-tax Commissioner, Delhi, and another A I R 1927 P C 242,
Ghazi and others v. The State and another P L D 1962 Lab. 662,
Malik Mir Hassan and another v. The State P L D 1969 Lah. 786,
Adnan Afzal v. Capt. Sher Afzal P L D 1969 S C 187,
Commissioner of Sales Tax (West), Karachi v. Messrs Kruddsons Ltd: P L D 1974 S C 180
|
| Laws Involved |
Law Reforms Ordinance (XII of 1972)
|
| Sections |
3
|