Legislature
Legislature legal meaning, translation and judicial precedents.
Meaning & Judicial Interpretation: (اردو مفہوم اور قانونی تشریح)
Mala fide could not be attributed to the legislature but if a legislature deliberately and repeatedly embarked upon a venture to nullify considered judicial verdict in an unlawful manner, trample the constitutional mandate and violate the law then it was difficult to attribute bona fide to it either.
Wisdom of legislature should not be questioned by Courts, as long as the law in question is not violative of fundamental rights guaranteed by the Constitution
As long as Legislature has competence to legislate grounds or wisdom of Legislature remains its exclusive prerogative
Legislature is not debarred from promulgating provisions of law under the Constitution.
Wisdom of legislature should not be questioned by Courts, as long as the law in question is not violative of fundamental rights guaranteed by the Constitution
As long as Legislature has competence to legislate grounds or wisdom of Legislature remains its exclusive prerogative
Legislature is not debarred from promulgating provisions of law under the Constitution.
Legislature could not repose any power, essentially legislative, in another body or organ; it could not efface itself and set up a parallel legislative authority; it must exercise its judgment on vital matters of policy and enact the general principles which should be embodied in the legislation
Legislature could, however, confer upon any person or body, fit to exercise it, the power to work out details and particulars for carrying out its policy and in order to give effect to the legislation in a particular direction
Legislature could not delegate its power to make a law but it could make a law to delegate powers to determine some facts or state of things upon which the law made or intended to make its own action dependant
Where the law was flexible, having laid down broad principles of its policy, the Legislature could leave the details to be supplied by the administrator to adjust to the rapid changing circumstances.
Mala fide could not be attributed to the legislature.
Legislature could not repose any power, essentially legislative, in another body or organ; it could not efface itself and set up a parallel legislative authority; it must exercise its judgment on vital matters of policy and enact the general principles which should be embodied in the legislation
Legislature could, however, confer upon any person or body, fit to exercise it, the power to work out details and particulars for carrying out its policy and in order to give effect to the legislation in a particular direction
Legislature could not delegate its power to make a law but it could make a law to delegate powers to determine some facts or state of things upon which the law made or intended to make its own action dependant
Where the law was flexible, having laid down broad principles of its policy, the Legislature could leave the details to be supplied by the administrator to adjust to the rapid changing circumstances.
Legislature could overcome the effect of any judgment of the superior courts by way of legislation.
Bias, or the preception of bias has to be established.
Legislation of law is the domain and prerogative of the legislature, which has wisdom to promulgate a law to achieve a particular object and purpose presumably promulgating such laws legally, validly and constitutionally on the basis of its competence.
Legislature has the authority to provide for retrospective application of an Act.
Presumption is that the Legislature does not transgress its jurisdiction and invade the fundamental rights given by the Constitution.
[Fundamental Rights].
Presumption is that the Legislature does not transgress its jurisdiction and invade the fundamental rights given by the Constitution.
Legislature 'Retrospective legislation taking away rights can competently be passed I legislature provided that it does not violate any Constitutional provision, right mandate.
[Retrospective legislation].
Function of judiciary is not to question the wisdom of legislature in making a particular law nor it can refuse to enforce it even if the result of it be to nullify its own decisions, provided the law is competently made,
Authority of Legislature-Cannot be challenged on ground of mala fides.
Institutions or functionaries created by Law-Privileges and duty.
-Acts of Parliament derogatory from power of subsequent Parliaments bind not.
Legislature-Powers of-Legislature in Pakistan, whether Provincial or Central, a sovereign Legislature. within its own field-Empowered to legislate both prospectively and retrospectively subject, however, to provision that vested right can be taken away only by express words or necessary intendment of statute.
Whether and to what extent competent to delegate its powers of legislation to outside agency.
May make laws a.1nending existing laws whether during pendency of proceedings before a Court or after decision of a proceeding involving application of existing law-[Supreme Court's decision that Hats and Bazaars were covered by provisions of S. 20 (2) (a) (b), East Bengal State Acquisition and Tenancy Act, 1950 (XXVIII of 1951)Governor's Ordinance (East Bengal State Acquisition and Tenancy (Second Amendment) Ordinance (XII of 1960) declaring Hats and Bazaars never to have been so included].
Legislature Law-maker not bound by view of predecessor.
"Legislature", Pakistan Law Portal, available at: https://paklawportal.com/words-terms-maxims/3006
Precedents & Case Laws citing "Legislature"
P L D 1965 (W
MUHAMMA D SHER AND OTHERS‑ — Petitioners Versus UNION COUNCIL, DHUDIAL AND OTHERS‑‑ — Respondents
Court: (c) Punjab Village Panchayat Act (XI of 1939), S. 19‑A as amended by Punjab Village Panchayat (Amendment) Act (IX of 1953), read with Punjab Municipal Act (III of 1911)‑Extension, by Government, of provisions of Punjab Municipal Act, 1911 to any Panchayat area‑Competent and not ultra vires.P L D 1965 (W
SHUKAR DIN (NAIK No. 411) AND OTHERS Petitioners Versus (1) Major ABAIDUR REHMAN SECOND‑IN‑COMMAND AND M. I. C.,
Court: High CourtP L D 1956 Federal Court 395
MUHAMMAD YUSUF‑Appellant Versus THE CROWN‑Respondent
Court:P L D 1966 Dacca 176
PAKISTAN AND ANOTHER‑‑Appellants Versus M. A. HAMID AND ANOTHER‑Respondents
Court:P L D 1957 (W
RANA MUHAMMAD JAMIL‑Petitioner Versus THE PUNJAB ROAD TRANSPORT BOARD, LAHORE and others‑Respondents
Court: High CourtP L D 1972 Lahore 497
Khan UMAR KHAN‑Petitioner Versus (1) MARKET COMMITTEE, JHELUM AND (2) THE STATE‑Respondents
Court:P L D 1969 Dacca 1
DACCA PICTURE PALACE LTD — Petitioner Versus PAKISTAN THROUGH SECRETARY, MINISIRY OF EDUCATION AND INFORMATION AND OTHERS Respondents
Court:P L D 1964 (W
MANZOOR AHMAD‑Petitioner Versus COMMISSIONER, LAHORE DIVISION AND OTHERS — ‑Respondents
Court:P L D 1966 (W
S. RIAZ-UD-DIN AHMED — Petitioner Versus CHIEF SETTLEMENT COMMISSIONER, LAHORE
Court: (a) Constitution of Pakistan (1962), Arts. 224(1), 225(1), 131 (1) & 29--Whether Central Legislature or President, could legislate so as to give retrospective effect to legislation beyond 8-6-62, i.e. date on which Constitution came into force-- Whether amendment of S. 31, Displaced Persons (Compensation and Rehabilitation) Act, 1958 by Displaced Persons Laws Amendment Ordinance (XVIII of 1965) could not be given retrospective effect beyond 8-6-62-Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958), S. 31 as amended by Displaced Persons Laws Amendment Ordinance (XVIII of 1965).P L D 1959 (W
THE STATE‑ — Appellant Versus MUHAMMAD YUSAF — ‑Respondent
Court: