| Case ID |
e025a670-360f-4034-96b0-29229e1813ae |
| Body |
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| Case Number |
C.P.S.L.A. No. 513 of 1978 |
| Decision Date |
Nov 02, 1978 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan addressed the interpretation of statutes regarding the tenure of interim orders under Article 199 of the Constitution. The court concluded that the power of the High Court to grant interim orders remains restricted and that such orders are limited to a duration of six months as per Article 2-A of the Laws (Continuance in Force) Order, 1977. The court emphasized the importance of harmonizing provisions of law rather than admitting repeal by implication. The court dismissed the petitions, affirming the interpretation that both Article 2-A and the subsequent Explanation could coexist without implied repeal, thus maintaining the restriction on the High Court's powers. |
| Summary |
In the case concerning the interpretation of constitutional provisions related to interim orders, the Supreme Court of Pakistan ruled on the validity and duration of such orders under Article 199. This case highlights significant constitutional law principles, particularly the doctrine of implied repeal and the necessity of harmonizing conflicting provisions. The court found that the interim orders issued by the High Court must adhere to the six-month limitation set forth in Article 2-A of the Laws (Continuance in Force) Order, 1977. The ruling reinforces the importance of precise statutory interpretation and the courts' role in ensuring that legislative intent is upheld. The decision has implications for future cases involving interim relief and the authority of the judiciary in matters of constitutional law. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
ANWARUL HAQ, C.J.,
MUHAMMAD AKRAM,
NASIM HASAN SHAH
|
| Lawyers |
Syed Muhammad Ali Zaidi, Advocate Supreme Court,
Syed Inayat Hussain Shah, Advocate-on-Record
|
| Petitioners |
6 others,
ALLAH WASAYA
|
| Respondents |
FEDERAL LAND COMMISSION,
2 OTHERS
|
| Citations |
1979 SLD 83,
1979 PLD 44
|
| Other Citations |
P L D 1957 S C (Pak.) 219
|
| Laws Involved |
Laws (Continuance in Force) Order [C. M. L. A.'s No. 1 of 1977]
|
| Sections |
Art. 2-A,
Art. 2(2),
Art. 199
|