RIDA FATIMA vs PAKISTAN MEDICAL COMMISSION Delegated legislation — 2022 PLD 197 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2022 PLD 197 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2022
Reporter: PLD
Parties: RIDA FATIMA vs PAKISTAN MEDICAL COMMISSION Delegated legislation

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

RIDA FATIMA VS PAKISTAN MEDICAL COMMISSION Delegated legislation---Scope---Question before High Court was as to under what circumstances a delegated legislation or any part thereof can be put under judicial scrutiny to be followed by declaratory dictum of its being illegal and ultra vires---Held; if delegated legislation is directly repugnant to the general purpose and object of the very Act, under which such powers were created and passed on, or if it is repugnant to any settled and well established principle of statute or result of excessive delegated legislation then it can be declared ultra vires---Delegated legislation cannot be questioned on the ground of mala fide or unreasonableness because there is a strong general presumption attached to its legality and the onus to prove otherwise will be on the person who asserts it to be against the statute.

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