MIRPURKHAS SUGAR MILLS LIMITED vs FEDERATION OF PAKISTAN through Secretary Ministry of Law and Justice arts — 2022 CLD 352 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2022 CLD 352 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2022
Reporter: CLD
Parties: MIRPURKHAS SUGAR MILLS LIMITED vs FEDERATION OF PAKISTAN through Secretary Ministry of Law and Justice arts
Subject matter: Criminal

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

MIRPURKHAS SUGAR MILLS LIMITED VS FEDERATION OF PAKISTAN through Secretary Ministry of Law and Justice arts. 142 & 143---Federal and Provincial laws---Residuary jurisdiction---Object, purpose and scope---Competency to legislate---Preconditions---Besides conferring on Parliament and Provincial assembly power of legislation in specified areas, provision of art. 142 of the Constitution stipulates residuary jurisdiction for both the legislatures to exercise in such circumstances---When a subject is diversified and is not covered by any of the entries in Legislative Lists is termed as a residuary subject falling within residuary jurisdiction---Purpose of conferral of such jurisdiction on the Legislature is to enable it to meet a contingency arising out of dynamics of ever evolving and changing society which entail an appropriate legislative measure not otherwise specifically set out in the book---Residuary jurisdiction is resorted to only as a last resort when all entries in Legislative List(s) are exhausted, and yet subject matter of legislation is not addressed---Legislative inability over a given subject has to be established first before residuary jurisdiction is claimed over it---To determine which particular legislature is competent to legislate on a given subject involves predetermination of so many factors such as origin of the subject in Legislative List, its various themes and topics, mandate under the Constitution, legislative ability and inability, territorial bounds, etc.---In a case where both Federal and Provincial Legislatures claim jurisdiction over same subject and make a law on it, and there is a conflict between two laws, in terms of art. 143 of the Constitution, to the extent of such repugnancy, the Federal law prevails.

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