RAJBY INDUSTRIES KARACHI vs FEDERATION OF PAKISTAN Curative and remedial legislation — 2023 SCMR 1407 SUPREME-COURT

Case information

Citation: 2023 SCMR 1407 SUPREME-COURT
Court: Supreme Court of Pakistan
Year: 2023
Reporter: SCMR
Parties: RAJBY INDUSTRIES KARACHI vs FEDERATION OF PAKISTAN Curative and remedial 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

RAJBY INDUSTRIES KARACHI VS FEDERATION OF PAKISTAN Curative and remedial legislation---Purpose and scope-- Retroactive/retrospective application---Curative statute is meant for lawmakers to recuperate the prior enactment for rectifying the defect or omission---In order to find out whether any beneficial, remedial or curative legislation has a retrospective effect, the litmus test is to explore whether it is intended to clear up an ambiguity or oversight in the prevailing or standing law and in its pith and substance, it corrects or modifies an existing law or an error that interferes with interpreting or applying the statute---Scope of curative legislation is clarificatory in nature but if it has no such character or essence, it cannot be deduced to be retroactive merely for the reason that it amounts to beneficial legislation---Retroactive application of curative legislation can be gauged and measured from the plain language and intention of legislature---It is by and large passed to supply a conspicuous omission or to elucidate misgivings as to the meaning of the previous law.

Other judgments reported in 2023 SCMR

2023 SCMR 102 SUPREME-COURTMalik TARIQ MAHMOOD VS PROVINCE OF PUNJAB S. 23(1)---Land acquisition---Matters to be considered by Court in determining compensation stated…
2023 SCMR 1928 SUPREME-COURTNOOR DIN (DECEASED) VS PERVAIZ AKHTAR S. 42---Mutation entries---Scope---Mutation entry confers no right in property as revenue record is ma…
2023 SCMR 1919 SUPREME-COURTJAMEEL QADIR VS GOVERNMENT OF BALOCHISTAN, LOCAL GOVERNMENT, RURAL DEVELOPMENT AND AGROVILLES DEPARTMENT, QUETTA Principles relating to juri…
2023 SCMR 960 SUPREME-COURTZAKIR MEHMOOD VS SECRETARY, MINISTRY OF DEFENCE (D.P), PAKISTAN SECRETARIAT, RAWALPINDI S. 5(2)---appeals filed before the Service Tribunal-…
2023 SCMR 960 SUPREME-COURTZAKIR MEHMOOD VS SECRETARY, MINISTRY OF DEFENCE (D.P), PAKISTAN SECRETARIAT, RAWALPINDI S. 5(2)---appeals filed before the Service Tribunal-…
2023 SCMR 1113 SUPREME-COURTSARDAR MUHAMMAD (DECEASED) VS TAJ MUHAMMAD (DECEASED) S. 13(3)---Suit for possession through pre-emption---Pre-requisite---Notice of 'Talb-i…

Back to the case-law library · Search Pakistani case law in Urdu or English