Special and general law

Wherever there is a special and general law applicable to a certain matter, the special law will prevail.

Juvenile Justice System Act, 2018, caters to specific persons and Anti-Terrorism Act, 1997, addresses a particular subject

Either of the two laws cannot be characterized as general laws.

Procedure prescribed in the Civil Procedure Code can be applied only where the special law does not provide for that procedure.

Special law dealing with specific matter provides special procedure, therefore, special procedure in such matter has to be followed as the same has not been provided under general law

Recourse to general law is permissible when special law is silent on particular point, except where provision of general law is inconsistent with provision of special law

Special law is to be applied to a particular case on the basis of special jurisdiction envisaged in that particular law and provisions of general law stand displaced.

Special law has got an overriding effect over the general law.

Special enactment always prevail over the general law and in presence of the special law to deal with the negligence of the practitioners being available, without exhausting the remedy, no criminal proceedings can be initiated

Once it is held by the Pakistan Medical and Dental Council that practitioner was guilty of negligence and professional misconduct, criminal law as well as civil law can be set in motion against him by forwarding a complaint to the Council for proper legal action under the law without being prejudiced by any observation made by the police or the Court.

Financial Institutions (Recovery of Finances) Ordinance, 2001 was a special law which gets priority over the Offences in Respect of Banks (Special Courts) Ordinance, 1984, the Cr.P.C. and the P.P.C. to try the same offence and the Banking Court has exclusive jurisdiction to try such cases

Section 22(3) of the Financial Institutions (Recovery of Finances) Ordinance, 2001 provided that there was no other Court except the Tribunal to adjudicate the insurance related matters, however, with regard to the suit for defamation, there was no bar in the Defamation Ordinance, 2002

Such was the choice of the aggrieved person to file suit before the Civil Court or avail remedy before the District Judge under special law i.e. Defamation Ordinance, 2002.

Provisions of special law trump provisions of general law and the provisions of a general law cannot be relied upon when subject-matter is specifically addressed by a special law.

Although S. 23 of Pakistan Electronic Media Regulatory Authority Ordinance, 2002, does provide some guidance on the exclusion of monopolies but the Competition Act, 2010, is a special law on this matter as the violations such as abuse of dominant position, prohibited agreements, approval and non-approval of mergers and acquisitions and deceptive marketing practices are covered in detail under the Act to ensure consumer welfare and a free and open market to all competitors

Pakistan Electronic Media Regulatory Authority Ordinance, 2002, contains no provisions which envisage or provide for an enforcement mechanism to remedy anti-competitive practices

Pakistan Electronic Media Regulatory Authority Ordinance, 2002, appears to be a special law when it comes to the regulation of, inter alia, licensed activities

For alleged anti-competitive practices, Competition Act, 2010, is the special law for all such purposes and the Commission has the power to take cognizance of such matters.

For special damages one has to prove loss sustained by him of each and every particular item leading to suffering/damage alleged by him

General damages may also require evidence pertaining to facts as alleged in plaint.

Special law overrides the general law.

In absence of any particular provision in special law dealing with any specific aspect, provisions of general law are to be applied and invoked.

Where different period of limitation for institution of a suit preferring an appeal or making an application is prescribed under the provisions of any special or local law, then in Limitation Act, 1908, it is deemed as if the same has been prescribed by First Schedule under S. 3 of Limitation Act, 1908.

When a special law is enacted for a particular purpose, it should be acted and followed in the manner that is helpful in the implementation of that law in letter and spirit.

For general damages relating to mental torture, anguish, distress and defamation, those are to be assessed following the Rule of Thumb

Such exercise falls in discretionary jurisdiction of Court which has to decide same in facts and circumstances of each case.

Where a specific remedy is available under a special law, general law cannot be resorted to.

Special and general law-Scope-Where a specific remedy is available under a special law, general law cannot be resorted to.

Where there are two Acts, one of which is special and particular and the other general, which if standing alone, would include the same matter

Conflict with special Act, the special law must prevail since it evinces legislative intent more clearly than that of a general statute.

Where there are two acts, one of which is special and particular and the other general, which if standing alone, would include the same matter

Conflict with special act, the special law must prevail since it evinces legislative intent more clearly than that of a general statute.