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Pakistani Jurisprudence Reference
Delegata Potestas Non Potest Delegati
Delegata Potestas Non Potest Delegati legal meaning, translation and judicial precedents.
Meaning & Judicial Interpretation: (اردو مفہوم اور قانونی تشریح)
1971 PLD 333 KARACHI-HIGH-COURT-SINDH
Judicial Precedent
Delegata Potestas Non Potest Delegati delegata potestas non potent delegati (delegate may not further delegate the powers conferred on him).
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"Delegata Potestas Non Potest Delegati", Pakistan Law Portal, available at: https://paklawportal.com/words-terms-maxims/15020
Precedents & Case Laws citing "Delegata Potestas Non Potest Delegati"
PLD
1971
Writ Petition No. 538, connected with Petitions Nos. 660, 422, 446, 460, 461, 462, 478, 489, 496, 537, 540, 560, 551, 584, 601, 614, 631, 640, 665, 703 and 687 of 1969, decided on 31st December 1970.
P L D 1971 Karachi 333
ZAIBTUN TEXTILE MILLS LTD., KARACHI AND OTHERS — Petitioners Versus CENTRAL BOARD OF REVENUE AND OTHERS — Respondents
Court: (a) Central Excises and Salt Act (I of 1944), S. 3, sub sections (4), (5), (6) & (7) as amended by Finance Act, 1966 consequent upon Constitutional amendment (by Constitution Sixth Amendment Act, 1966) of Entry No. 43 in Third Schedule to Constitution of Pakistan (1962)-Questions : (i) Whether the amended provisions of subsections (4), (S), (6) & (7) of S. 3 of Central Excises and Salt Act unconstitutional on ground of exces sive or impermissible delegation of legislative powers ; and (ii} Whether by leaving it to the Central Board of Revenue to formulate the guidelines to determine the rate of pro2uction, capacity tax and even to levy tax the Legislature has totally effaced itself of its essential legislative authority-Held : (per majority) Amendments of S. 3, Central Excises and Salt Act, 1944 do not suffer from any defect of absence of legislative policy, standard or principles ; nor did Legislature efface itself or abdicate from its legislative function when it conferred by amendment power on Central Board o,' Revenue to determine production capacity of an Industrial unit in accordance with rules formulated by it ; nor can this legislating the said not to be law at all on any of the subjects falling within legislative list of the Central Legislature-Abdul Kadir Shaikh, J. contra.