P L D 1965 Dacca 506 (PLP)
JAMALUS SATTAR‑Appellants Versus BADRUL HAQ KHAN AND OTHERS‑Respondents
| Citation | P L D 1965 Dacca 506 (PLP) |
| Forum / Court | (e) Settlement of Disputes (First Elections) Order President's Order No. 13 of 1962, |
| Bench Members | A. Sattar and A. M. Sayem, JJ |
| Parties | JAMALUS SATTAR‑Appellants Versus BADRUL HAQ KHAN AND OTHERS‑Respondents |
| Primary Law | (d) Appeal‑, (f) Interpretation of statutes‑ |
Q1: What are the key laws and sections cited in P L D 1965 Dacca 506 (PLP)?
This judgment primarily cites: (d) Appeal‑, (f) Interpretation of statutes‑ as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case P L D 1965 Dacca 506 (PLP)?
The case was heard and decided by the (e) Settlement of Disputes (First Elections) Order President's Order No. 13 of 1962, bench comprising: A. Sattar and A. M. Sayem, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: P L D 1965 Dacca 506 (PLP) (JAMALUS SATTAR‑Appellants Versus BADRUL HAQ KHAN AND OTHERS‑Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Hamidul Haq Choudhry, Badrul Haider Chowdhry, M. Nurullah and Mozammel Haq Khan for Appellant.
- Ahmed Sobhan, Qazi Sharifuddin and Abu Taher Chowdhry for Respondent No. 1.
Headnotes / Summary
(a) Representation of the People Act (XXXI of 1957), S. 81
Appeal to High Court from order of Tribunal‑No period of limitation prescribed‑Limitation Act (IX of 1908), Art. 156 not applicable. (b) Representation of the People Act (XXXI of 1957), S. 81
Provision rendered nugatory by Constitution of Pakistan (1962), Art. 171. (c) Representation of the People Act (XXXI of 1957), S. 81 read with Representation of the People (Repeal) Act (XXIII of 1963), Ss. 1 (2) & 2(1)‑Appeal under S. 81, Representation of the People Act, 1957 preferred before publication in Gazette of Representation of the People (Repeal) Act, 1963 and decision of Tribunal appealed against also given prior to repeal of Representation of the People Act, 1957‑Appeal whether falls through (Quaere). Substantive right‑Such right already accrued on basis of law existing at time‑Cannot be taken away by repealing enactment except by express provision to contrary. The Colonial Sugar Refining Company, Limited v. Irving 1905 A C 369 approved. (e) Settlement of Disputes (First Elections) Order [President's Order No. 13 of 1962], Arts. 11 & 54‑Proviso (a) controls provision of cl. (1) of Art. 11‑Election petition containing allegations of corrupt or illegal practice relating to election expenses‑Must be filed within 14 days from receipt of return of election expenses under Art. 54‑Period of 30 days provided in Art. II (1) not available. Meaning and intention of statute‑‑Must be gathered from plain expressions used therein --Language used best declares, without more, intention of Legislature-- Clear and unambiguous language capable but of one meaning --Must be enforced though absurd or mischievous. Maxwell's Interpretation of Statutes, 9th Edn., p. 3 ref. (g) Appeal‑ Finding of fact‑Not to be disturbed lightly in appeal.
Judgment & Decree
A. M. SAYEM, J.
‑I agree. K. B. A. Appeal dismissed.