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COMMISSIONER INLAND REVENUE vs MUHAMMAD OSMAN GUL Reading down, principle of — 2024 PTD 889 LAHORE-HIGH-COURT-LAHORE

Case information

Citation
2024 PTD 889 LAHORE-HIGH-COURT-LAHORE
Court
Lahore High Court
Year
2024
Reporter
PTD
Parties
COMMISSIONER INLAND REVENUE vs MUHAMMAD OSMAN GUL Reading down, principle of
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

COMMISSIONER INLAND REVENUE VS MUHAMMAD OSMAN GUL Reading down, principle of---Applicability---Rule of reading down has to be disapplied for countries with a written Constitution---This is a concept peculiar to the United Kingdom administration of justice which does not have a written Constitution and Courts have fallen back on the rule of reading down (reading in) to save statutory provision or to confirm it with constitutional principles---Courts cannot use devise of reading down in order to re-write a statutory provision---There is no compulsion on the Courts to save legislation if it is beyond the Legislative competence---Un-constitutional legislation must be struck down and not saved.

Other judgments reported in 2024 PTD

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