Vires of a statute
Vires of a statute legal meaning, translation and judicial precedents.
Meaning & Judicial Interpretation: (اردو مفہوم اور قانونی تشریح)
In case of conflicting decisions on the vires of a legislative enactment of two High Courts, when decision of one remained unchallenged in the hierarchy as no appeal was preferred and the other was challenged before the Supreme Court, then the verdict of the High Court that went unchallenged, which was in conflict with the final decision of the Supreme Court had to be treated as outmoded and no longer executable
Such a situation warranted departure from the doctrine of res judicata.
High Court in such circumstances would be left with no option but to follow the dictum laid down by the Supreme Court in view of Art.189 of the Constitution.
Court could declare such law or provision of law as ultra vires of the Constitution, and could issue appropriate directions to the Government to bring the law in conformity with constitutional provisions.
"Vires of a statute", Pakistan Law Portal, available at: https://paklawportal.com/words-terms-maxims/124945625
Precedents & Case Laws citing "Vires of a statute"
1990 M L D 305
SHAHMURAD SUGAR MILLS Ltd.‑‑Petitioner Versus THE UNION COUNCIL, JHOKE SHARIF and 2 others‑‑Respondents
Court: Karachi1999 Y L R 1984
NAZRUL HASSAN SIDDIQUI and others‑‑‑Petitioners Versus FEDERATION OF PAKISTAN and others‑‑‑Respondents
Court: Karachi2000 P L C (C
NAZRUL HASSAN SIDDIQUI and others Versus FEDERATION OF PAKISTAN and others
Court: Karachi2001 P L C (C
MUHAMMAD RAFIQUE and 2 others Versus THE SECRETARY, ESTABLISHMENT DIVISION and 6 others
Court: Federal Service Tribunal2026 M L D 1
Jhelum Homoeopathic medical college, jhelum, through its Principal — Petitioner Versus Federation of Pakistan through Secretary, Ministry of National Health Services Regulations and Coordination, Government of Pakistan and 3 others — Respondents
Court: Lahore (Rawalpindi Bench)2004 S C M R 1903
GHULAM MUSTAFA INSARI and 48 others — Petitioners Versus GOVERNMENT OF THE PUNJAB and others — Respondents
Court: Supreme Court of Pakistan2015 C L C 22
NISHAT CHUNIAN LTD. and others — Petitioners Versus FEDERATION OF PAKISTAN and others — Respondents
Court: Lahore1999 S C M R 1229
Islamabad and others‑‑‑Petitioners Versus SHAUKAT ALI MIAN and others‑‑‑Respondents
Court: High Court1983 S C M R 785
MUHAMMAD SIDDIQUE-Petitioner Versus THE MARKET COMMITTEE, TANDLIANWALA-Respondent
Court: - Chap. XVIII read with S. 4 and Punjab Agricultural Produce Markets Act (V of 1939), S. 27-Notification-Act of 1939 repealed by Act of 1975 but power of prohibiting establishment of market by Notification preserved in repealing Act-Erroneons reference to S. 27 of repealed Act as source of power under which Notification purported to have been issued-Held, would not nullify effect of such Notifica tion-Interpretation of statutes.2018 P L C (C
AWAIS SAEED and others Versus GOVERNMENT OF PUNJAB and others
Court: Lahore High Court