Home Maxims & Terms Principles of Construction meaning in Urdu
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Principles of Construction

Principles of Construction legal meaning, translation and judicial precedents.

Meaning & Judicial Interpretation: (اردو مفہوم اور قانونی تشریح)

2021 MLD 1038 LAHORE-HIGH-COURT-LAHORE Judicial Precedent
Principles of construction

Where language of a statute was plain, clear and definite, then Court could not look for or impose another meaning.

2020 PTD 1742 KARACHI-HIGH-COURT-SINDH Judicial Precedent
Interpretation of fiscal statutesImposition of tax liability via statutory enactmentsPrinciples of construction

For interpretation of taxing statute, charging provision was the most relevant provision to determine scope and intent of an enactment, as there was no scope for any intendment or for drawing inference, while interpreting charging provisions of taxing statute.

2020 CLD 596 KARACHI-HIGH-COURT-SINDH Judicial Precedent
Principles of Construction

When a statute provided for a particular thing to be done in a specific manner, then it had to be done in such manner and Courts were not designed to legislate but had to interpret statutes according to their ordinary and plain meaning

Courts could not import or supply words or provisions no matter how laudable and desirable doing so appeared

Courts could not put into a statute words which were not expressed and which could not be reasonably implied on any recognized principle of construction.

2019 PTD 353 LAHORE-HIGH-COURT-LAHORE Judicial Precedent
Principles of constructionAdditions, insertions through Legislative amendmentsScope

Redundancy could not be attached to any words added by the Legislature in a statute and where Legislature has added certain words subsequently, intention could very well be gathered that such words had been added with a purpose and in order to achieve a goal

Textually permissible interpretation that furthers rather than obstructs the purpose of enactment should be favoured

Interpretation always depends on context, and context always included evident purpose, and evident purpose always included effectiveness

Every word had to be given effect and the courts cannot subtract or add any word in a statute.

1987 SCMR 1107 SUPREME-COURT Judicial Precedent
Principles of construction

Such principle always draw upon first on the express language of the statute, next the context, then the object and purposes and last of all on the policy

Where the express language presents no difficulty in interpretation, resort cannot be had to the context

Where the context and the language resolve the meaning, resort to object and purposes is uncalled for.

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Precedents & Case Laws citing "Principles of Construction"

PLD 1967
Appeal from Appellate Decree No. 512 of 1960, decided on 22nd June 1965.

P L D 1967 Dacca 384

SAHERA BIBI AND OTHERS‑Appellants Versus ABDUL MOTALEB (MINOR) AND OTHERS‑Respondents

Court:
CLC 1990
Writ Petition No. 377 of 1983, decided on 25th October, 1989.

1990CLC310

Syed AHMAD FAROOO and 3 others‑‑Petitioners Versus MUHAMMAD ARIF through L.Rs. and 3 others‑‑Respondents

Court: Lahore
SCMR 1991
Civil Petition for Leave to Appeal No. 287-R of 1989, decided on 27th February, 1990.

1991 S C M R 277

Raja SHER AHMAD — Petitioner Versus MUHAMMAD ABDULLAH and others — Respondents

Court: High Court
PLD 1994
Civil Revision No.46 of 1994, decided on 9th February, 1994.

P L D 1994 Peshawar 249

Mst. GUL PARI alias GULBARO‑‑‑Petitioner Versus ZARIN KHAN and others‑‑‑Respondents

Court:
CLC 1990
Civil Revision No.66 and with Civil Miscellaneous No. 42 of 1989, decided on 13th September, 1989.

1990 C L C 1845

SHER JAN‑‑‑Petitioner Versus KARIM DAD KHAN through Legal Heirs‑‑‑Respondent

Court: Peshawar
MLD 1996
Civil Revision No.523 of 1987, decided on 18th April 1996.

1996 M L D 1409

Sahibdaza MUHAMMAD SALIM and another‑‑‑Petitioners Versus Mst. BIBI ZUHRA and others‑‑‑Respondents

Court: Peshawar
CLC 1993
R.FA. No. 179 of ? 992, decided on 16th February, 1993.

1993 C L C 2478

EJAZ HUSSAIN ‑‑‑Appellant Versus ABBAS ALI ‑‑‑Respondent

Court: Lahore
CLC 1990
Civil Revision No.143 of 1984, decided on 25th September, 1989.

1990 C L C~ 33

ALLAH DAD Petitioner Versus MEHMOOD SHAH‑‑Respondent

Court: Peshasar
MLD 1995
Writ Petition No.68 of 1994, decided on 28th June, 1994.

1995 M L D 838

NIAMATULLAH KHAN and others‑‑‑Petitioners Versus ADDITIONAL DISTRICT JUDGE and others‑‑‑Respondents

Court: Peshawar
YLR 2004
Civil Revision No.296 of 2001, decided on 10th October, 2003.

2004 Y L R 707

MUHAMMAD AJMAL and others — Appellants Versus PROVINCE OF THE PUNJAB and others — Respondents

Court: Lahore