Arms licences
Arms licences legal meaning, translation and judicial precedents.
Meaning & Judicial Interpretation: (اردو مفہوم اور قانونی تشریح)
Petitioners were licence holders of prohibited bore arms and were aggrieved of notification issued by Federal Government suspending such licences
Validity
Notification whereby suspension of prohibited bore category of arms was communicated had withdrawn/lifted vide subsequent notification dated 13.12.2018, and the matter was resolved in view of S.6 of Sindh Arms Act, 2013
If licences of petitioner had expired then they had to take recourse for their renewal
Applications would be renewed by National Database and Registration Authority and processed in accordance with law after prescribed scrutiny was to be undertaken by Home Department in such regard
Constitutional petition was allowed, in circumstances.
Grievance of petitioners was that Federal Government could not cancel arms licences already issued to them under West Pakistan Arms Ordinance, 1965, and NADRA had no authority to issue computerized licences
Validity
Arms licences, under Rule 42(3)(b) of Arms Rules, 1924, including licences issued under Forms XVI and XVI-A were renewed at Post Offices, where those had been registered under Rule 41-A of Arms Rules, 1924, and both the Rules were still in force and had not been amended
Computerized card licence did not have any such provision for registration with and/or renewal by Post Office, therefore, such aspect was contrary to Arms Rules, 1924 and Forms prescribed by the Rules made under West Pakistan Arms Ordinance, 1965, which was still in force
Without amending Rule 41-A of Arms Rules, 1924, arms licence could not be registered and or renewed by any other authority or agency except by Post Office where the licence was registered
Words "in the manner" mentioned in S.9 of West Pakistan Arms Ordinance, 1965, implied that licences for having possession or control of any arms or any ammunition or military stores must be in the Forms prescribed by the Rules because, except for Forms prescribed by the Rules, there was no other "manner" given or prescribed under the Rules, the same was contrary to the "manner" prescribed by the Rules and was violative of S.9 of West Pakistan Arms Ordinance, 1965
Federal Government or any Provincial Government as defined in S.3(1)(d) of West Pakistan Arms Ordinance, 1965, could not issue arms licences in violation of any of the provisions contained in West Pakistan Arms Ordinance, 1965, or in Arms Rules, 1924
Scheme of Federal Government and actions of issuance of computerized card licence was contrary to Rules and S.9 of West Pakistan Arms Ordinance, 1965
High Court declared the scheme of Federal Government as without lawful authority, jurisdiction and of no legal effect
Petition was allowed in circumstances.
"Arms licences", Pakistan Law Portal, available at: https://paklawportal.com/words-terms-maxims/124938890
Precedents & Case Laws citing "Arms licences"
P L D 2012 Sindh 505
MUHAMMAD AYUB through Lawful Attorney and 37 others — Petitioners Versus FEDERATION OF PAKISTAN and another — Respondents
Court: High Court1995 CLC 672
LIAQAT‑‑‑Petitioner Versus PROVINCE OF PUNJAB and others‑‑‑Respondents
Court:P L D 1985 Lahore 62
DELAY KHAN AND 6 OTHERS-Petitioners Versus THE STATE AND 2 OTHERS-Respondents
Court: -- S. 12-Arms Rules, 1924, rr. 43(1) (a), (aa) & 33(l)-Notification, dated 27-4-1962 (issued under r. 33(1), Arms Rules, 1924)Cancellation of arm licences-Contention that Sub-Divisional Magistrate having been empowered under notification and. r. 43(I) (aa) of Arms Rules, 1924, to issue an arm licence was also competent to cancel same-Provisions of r. 43(1)-(aa) in order to be effective, must remain consistent with West Pakistan Arms Ordinance, 1965 dnd could not be interpreted to re9der provision of West Pakistan Arms Ordinance, 1965, nugatory-Every authority who has been empowered to grant or renew a licence could also cancel or suspend same Licence granted by District Magistrate could not be cancelled by Sub-Divisional Magistrate - Order of Sub-Divisional Magistrate cancelling arm licence, held, without lawful authority and of no legal effect-Constitution of Pakistan (1962), Art. 98.-Interpretation of statutes.1980K80
Before Fakhruddin G. Ebrahim and B. G. N. Kazi, JJ Versus DEPUTY COMMISSIONER/DISTRICT MAGISTRATE,
Court: Martial Law Order, 1977 M. L. A. Zone 'C' ‑‑ No. 64, para. 2‑‑Cancellation of fire‑arm licences‑Impugned order cancelling fire‑arm licences of petitioners made without any notice and in a routine manner‑Finding of licence‑holder being an undesirable person and not fit to hold fire‑arm licence, held, could not be recorded without serving a show‑cause notice and/or granting hearing‑Cancella tion of licence under M. L. O. 64 carries with it a stigma of licence holder being an undesirable person‑Impugned order declared without lawful authority and of no legal effect.‑Natural justice, principle of.2017 Y L R Note 304
SOHAIL BABAR — Petitioner Versus The STATE and another — Respondents
Court: Lahore2003 S C M R 1095
GHULAM RASOOL — Petitioner Versus COMMISSIONER, LAHORE DIVISION, LAHORE and 2 others — Respondents
Court: Supreme Court of Pakistan1996 P L C (C
MUHAMMAD ZORAB Versus POSTMASTER-GENERAL, AJK & F.C., ISLAMABAD and 2 others
Court: Federal Service Tribunal2003 P L C (C
GHULAM RASOOL Versus COMMISSIONER, LAHORE DIVISION, LAHORE and 2 others
Court: Supreme Court of PakistanP L D 1991 Quetta 57
Haji Mir GHULAM MUSTAFA and 2 others‑‑Petitioners Versus GOVERNMENT OF PAKISTAN, MINISTRY OF INTERIOR, INTERIOR DIVISION, ISLAMABAD trough its Secretary and 3 others‑‑Respondents
Court:P L D 1981 Karachi 311
JUMMA KHAN‑Petitioner Versus PROVINCE OF SIND AND 3 OTHERS‑Respondents
Court: Maxim : "Audi alteram portein'‑Provision of notice and opportunity of hearing before passing any order adversely' affecting rights of a citizen‑Held : Considered to be a part of every statute unless statute itself expressly excludes such notice or opportunity of hearing Maxim.