MUHAMMAD ALI GHORI vs GOVERNMENT OF THE PUNJAB through Secretary, Ministry of Transport and Communication, Lahore Rr — 2023 PLD 572 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2023 PLD 572 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2023
Reporter: PLD
Parties: MUHAMMAD ALI GHORI vs GOVERNMENT OF THE PUNJAB through Secretary, Ministry of Transport and Communication, Lahore Rr
Provisions referred to: S. 96; Provincial Motor Vehicle Ordinance

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

MUHAMMAD ALI GHORI VS GOVERNMENT OF THE PUNJAB through Secretary, Ministry of Transport and Communication, Lahore Rr. 96 & 267(1)---Rules 96 and 267(1) of Punjab Motor Vehicle Rules, 1969, vires of---Delegated legislation---Scope---Rules are subordinate and delegated legislation deriving authority and legal cover from the provisions of main statute and cannot override provisions of the statute---To determine vires of delegated legislation, High Court has to examine whether such delegated legislation was beyond the power granted by enabling legislation and whether such delegated legislation was consistent with the parent statute---Rule of interpretation is that delegated legislation can only be struck down if it was directly repugnant to general purpose of the statute which authorized it or was repugnant to well established principle of statute---Provisions of R. 267(1) of Punjab Motor Vehicle Rules, 1969, were framed granting right of appeal in respect of matters enumerated in Chapter VIII of Punjab Motor Vehicle Rules, 1969, which had been framed by deriving authority from S. 96 of Provincial Motor Vehicle Ordinance, 1965, the parent statute---Power of delegated legislation bestowed by Provincial Motor Vehicle Ordinance, 1965, was rightly exercised while framing Punjab Motor Vehicle Rules, 1969, especially the rules assailed by petitioner---High Court declared the rules intra vires the parent statute as there was nothing on record to suggest that Rr. 96 & 267 (1) of Punjab Motor Vehicle Rules, 1969, were framed without any sanction of law rather they were validly framed by exercising authority of delegated legislation conferred by parent statute.

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