Dr. TARIQ AHMED SHAIKH vs The PROVINCE OF SINDH through Chief Secretary, Government of Sindh "Statutory law" — 2022 PLC(CS) 1304 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2022 PLC(CS) 1304 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2022
Reporter: PLC
Parties: Dr. TARIQ AHMED SHAIKH vs The PROVINCE OF SINDH through Chief Secretary, Government of Sindh "Statutory law"

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

Dr. TARIQ AHMED SHAIKH VS The PROVINCE OF SINDH through Chief Secretary, Government of Sindh "Statutory law"---"Statutory rules"---Connotation---"Statute law" is defined as the will of the nation, expression by the Legislature, expounded by the Courts of Justice---If the Parliament is not in session then the laws are enforced through the Ordinances issued by the President or the Governor of the province expressing the will of the nation as the case may be---Act passed by the Parliament and the Ordinance issued by the President or Governor would be called the "Statutory Law"---Rules framed under the powers conferred by an Act are an integral part of the Act and these Rules are called Statutory Rules and are held to be part of the parent Act, it can do anything if within its scope---Rules or the Bye-Laws made under the Statute or Act cannot override the provisions of other Statutes---Neither the Rules control the construction to be placed on the provisions of the Act nor can they enlarge the meaning of the section---The Rules are framed under the Act in aid to the construction of ambiguous Statutes---Rules under the Act shall be made by the Authority, empowered under the Act to frame the Rules or Bye-Laws---No other authority who is not empowered under the Act makes the Rules---Rule Making Body also cannot frame the Rules in conflict with or derogating from the substantive provisions of law or Statute under which the Rules are framed.

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