Lawyers Directory Listing
Chat with us free on WhatsApp — tell us your city and legal matter and our team connects you with the right lawyer. No form, no fee.
Constitutional Petition No. 94 of 1979, decided on 27th December, 1979.
‑‑ Retrospectively‑Law‑giver authorised to give law taking away rights of citizens with retrospective effect‑Legislature, held, also empowered to amend law in such a way as to disturb judgments of Courts‑Courts have to interpret law as it stands and cannot assume jurisdiction exclusively vesting in Legislature.
Sardar Ashiq Muhammad Khan Mazari v. Chairman, Federal Land Commission, Islamabad P L D 1977 Lah. 461; Adnan Afzal v. Capt. Sher Afzal P L D 1969 S C 187; Hotel Industries (Private) Ltd., Lahore v. Province of West Pakistan through The Secretary, Excise and Taxation Department, Lahore and another P L D 1978 Lah. 53; Mian Rafi‑ud‑Din and others v. The Chief Settlement and Rehabilitation Commissioner and others P L D 1971 S C 252; Commissioner of Sales Tax, Karachi v. Alessrs Krudd Sons Ltd. P L D 1974 S C 18; Islamic Republic of Pakistan through Secretary, Ministry of Commerce and Local Government, Islamabad v. Mazhar‑ul‑Haq and others 1977 S C M R 509 and Rooh Afza v. Muhammad Umar and others P L D 1978 Pesh. 1 ref.
‑‑ Retrospectively of legislation‑Ordinance XXIX of 1978, held, only a procedural law and applies retrospectively.‑[Burden of proof].
Adnan Afzal v. Capt. Sher Afzal P L D 1969 S C 187 ref.
‑‑ S. 106‑Burden of proof‑Order challenged on ground of mala fide Onus, held, lies upon person levelling such allegation.‑[Burden of proof ].
‑‑ Authority of Legislature Cannot be challenged on ground of mala fides.
‑‑ Art. 199‑Constitutional jurisdiction‑Appreciation of evidence Decision on question of fact by competent Tribunal‑Challengeable before High Court only in cases of no evidence‑High Court, held, would not sit as Appellate Court in its extraordinary jurisdiction and embark upon appreciation of evidence.‑[Evidence].
Munawar Mirza and M. Riaz for Petitioners.
Advocate‑General (Baluchistan) for Respondents.
Dates of hearing : 26th November and 27th December, 1979.
Dealing with a matter like this? Connect with a verified advocate in your city — free on SJP Lawyers Directory.
🔍 Find a Lawyer