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BIO LEADS (PVT.) LIMITED vs FEDERATION OF PAKISTAN through Secretary, Ministry of Law and Justice Rules made under a statute — 2025 CLC 1715 ISLAMABAD

Case information

Citation
2025 CLC 1715 ISLAMABAD
Court
Islamabad High Court
Year
2025
Reporter
CLC
Parties
BIO LEADS (PVT.) LIMITED vs FEDERATION OF PAKISTAN through Secretary, Ministry of Law and Justice Rules made under a statute

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

BIO LEADS (PVT.) LIMITED VS FEDERATION OF PAKISTAN through Secretary, Ministry of Law and Justice Rules made under a statute---Scope---Rules shall always be consistent with the statute and no rule shall militate or render the provisions of a statute ineffective---The test is whether the provisions of the statute and that of rules can stand together---The main object of the Rules is to implement the provisions of the statute---Rules cannot enlarge the scope of an Act under which the same have been framed---Rules and regulations are subordinate and delegated legislation deriving authority and legal cover from the provisions of the statute---The authority of the executive to make rules and regulations in order to effectuate the policy and intention of the legislature must be exercised within the limits of mandate given to the rule-making authority and the rules framed under the enactment must be consistent with the provisions of the said enactment---In case of conflict between the statute and the rules, the rules must give way to the provisions of the statute---Rule should not be repugnant to the enactment under which they are made since they have the same force as the provisions of the statute under which they are framed---Rules being subordinate legislation can neither override nor over-reach a provision of the substantive statute but if the rules explain the latter and provide aid to facilitate its understanding, it shall, be quite legitimate to read and refer to them, especially when they, on all counts, conform to and are subordinate to the substantive statute.

Other judgments reported in 2025 CLC

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