MUHAMMAD ABBAS vs PROVINCE OF PUNJAB Speaking orders, passing of — 2025 PLD 749 LAHORE-HIGH-COURT-LAHORE

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MUHAMMAD ABBAS VS PROVINCE OF PUNJAB Speaking orders, passing of---Duty, significance and scope---Litigants who bring their disputes to the law courts with the incidental hardships and expenses involved do expect a patient and a judicious treatment of their cases and their determination by proper orders---A judicial order must be a speaking order manifesting by itself that the court has applied its mind to the resolution of the issues involved for their proper adjudication---The ultimate result may be reached by a laborious effort, but if the final order does not bear an imprint of that effort and on the contrary discloses arbitrariness of thought and action, the feeling with its painful results, that justice has neither been done nor seems to have been done is inescapable---When the order of a lower court contains no reasons, the appellate court is deprived of the benefit of the views of the lower court and is unable to appreciate the processes by which the decision has been reached. Citation Name: 2025 PLD 749 LAHORE-HIGH-COURT-LAHOREBookmark this Case MUHAMMAD ABBAS VS PROVINCE OF PUNJAB Non-retroactivity, principle of---Scope---Principle of non-retroactivity in context of prospective, fair and transparent application of laws---Scope---The principle of non-retroactivity was first articulated in Roman law, where, already by the end of the second century B.C. it applied in both criminal and civil law to protect the existing legal order and economic interest---Its significance is such that the individuals should be able to rely on laws in the expectation that the State will not afterward interfere with individuals' rights---This expectation would help to ensure the equality of all before the law, guarding predictability and legal certainty---The principle of non-retroactivity is actually a fundamental concept (in law) and it makes sure that statute/law is applied prospectively, rather than retrospectively---Its basic and most important purpose is to protect rights of individuals and organizations by preventing arbitrary or unjust applications of the relevant law---This principle is essential in ensuring that the laws and regulations are applied in a fair and transparent manner---One of its legal features is to restrict the enactment of retroactive laws, which can undermine trust in the legal system and create uncertainty---So, it can be safely stated that non-retroactivity is the legal principle that laws do not apply retroactively and ex-post facto laws are forbidden---This principle may be applied to judicial decisions as well as statutory law. Citation Name: 2025 PLD 749 LAHORE-HIGH-COURT-LAHOREBookmark this Case MUHAMMAD ABBAS VS PROVINCE OF PUNJAB S.24a---Constitutional petition---Passing of non-speaking order by public functionary, challenge to---Failing to mention applicable provisions of law---Effect---Petitioner invoked art. 199 of the Constitution to challenge the vires of the order passed by respondent No.2 (Commissioner) on the ground that it unlawfully relied on an unapproved draft notification to impose a conversion fee, whereas the applicable rate was contended to have been the one prevailing at the time of filing of his application---Validity---Respondent No.2 failed to mention relevant provision of applicable law in the impugned order which was a legal lacuna---The impugned order did not fulfill the ingredients of a speaking order, therefore, same was set-aside and the matter was remanded back to the respondent No.2 to decide it afresh---Constitutional petition was allowed, in circumstances. Citation Name: 2025 PLD 749 LAHORE-HIGH-COURT-LAHOREBookmark this Case MUHAMMAD ABBAS VS PROVINCE OF PUNJAB art. 199---Constitutional petition---Conversion fee, challenge to---Relevant authority charging rate which was not yet approved---Charging of rate prevalent on the date of filing of application---Scope---Principle of non-retroactivity, applicability of---Facts in brevity were that the petitioner filed a Constitutional petition under art. 199 of the Constitution challenging the vires of the order passed by the Commissioner, Rawalpindi Division (respondent No.2) with the contention that the order was illegal and without lawful authority, as it imposed a conversion fee based on a notification that was still in the drafting stage and was not formally approved---It was the case of the petitioner that he should have been charged according to the rate applicable at the time of filing of his application---The petitioner's appeal was dismissed summarily, citing revised rates---Moot point for determination by the High Court was as to "whether the petitioner was liable to pay conversion fee as per the rate prevailing at the date when he moved an application before the concerned authority/respondent for the said purpose and what would be the effect of the principle of non-retroactivity in such like matters?"---Held: Rights of the parties were to be governed/decided as per the law prevailing at the time when cause of action had accrued, particularly in the matters pertaining to fiscal disputes, unless manifest intention of the law was otherwise---Law did not recognize any retrospective enforceability of a fiscal measure and issuance of a notification was not of any significance in legal importance till it was published in an official Gazette---a party had a right to have his petition heard on the basis of the law prevailing on the day he filed his petition---Since the impugned order failed to specify the applicable provisions of law for it to be deemed a speaking order, the same was set-aside and the matter was remanded back to the respondent No.2 to decide it afresh---Constitutional petition was allowed, in circumstances. Citation Name: 2025 PLD 749 LAHORE-HIGH-COURT-LAHOREBookmark this Case MUHAMMAD ABBAS VS PROVINCE OF PUNJAB arts.4 & 199---General Clauses act (X of 1897), S.24a---Public functionary---Duty to pass speaking order---Scope---Every citizen of the country has an inalienable right to be treated in accordance with law as envisaged by art. 4 of the Constitution---Hence, it is duty and obligation of every public functionary to act within four corners of mandate of the Constitution and pass a speaking order. Citation Name: 2025 PLD 749 LAHORE-HIGH-COURT-LAHOREBookmark this Case MUHAMMAD ABBAS VS PROVINCE OF PUNJAB Retrospective and prospective effect of a statute---Scope---The proper approach to the construction of a statute as to its prospective or retrospective applicability, in the absence of legislature's express enactment or necessary intendment, is not to decide what label to apply to it, procedural or otherwise, but to see whether the statute, if applied retrospectively to a particular type of case, would impair existing rights and obligations. Citation Name: 2025 PLD 749 LAHORE-HIGH-COURT-LAHOREBookmark this Case MUHAMMAD ABBAS VS PROVINCE OF PUNJAB Retrospective and prospective effect of a statute---Scope---A law that takes away or abridges the substantive rights of the parties only applies prospectively, unless either by express enactment or by necessary intendment the legislature gives to it the retrospective effect.

MUHAMMAD ABBAS vs PROVINCE OF PUNJAB Speaking orders, passing of — 2025 PLD 749 LAHORE-HIGH-COURT-LAHORE

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