Thursday, July 28, 2011
Harmonious construction of statutes
1. Kamaluddin Qureshi v. Ali International Co. 2009 C L D 784
Discussion in para 10
While interpreting the statutes an interpretation leading to conflicting judgments is to be avoided as held in Hafiz Abdul Waheed v. Mrs. Asrna Jehangir and another PLD 2004 SC 219. The intention of the law maker is always gathered by reading the statutes as a whole and meanings are given to each and every word of the whole statute by adopting a harmonious construction. In this regard, the principles for interpretation have been settled by this Court in the cases of Messrs Mehboob Industries Ltd. v. Pakistan Industrial Credit and Investment Corporation Ltd. 1988 CLC 866, Shahid Nabi Malik and another v. Chief Election Commissioner and 7 others PLD 1997 SC 32, M. Aslam Khaki v. Muhammad Hashim PLD 2000 SC 225, Mysore Minerals Limited v. Commissioner of Income Tax 2000 PTD 1486, Hafeezullah v. Abdul Latif PLD 2002 Kar: 457, Hafiz Abdul Waheed v. Mrs. Asma Jehangir PLD 2004 SC 219, 7afar All Khan and another v. Government of N.W.F.-P through Chief Secretary and others PLD 2004 Peshawar 263, D. G. Khan Cement Company Limited and others v. Federation of Pakistan and others 2004 SCMR 456, Muhammad Abbas Gujjar v. District Returning Officer/District Judge Sheikhupura and 2 others 2004 CLC 1559, Shoukat Baig v. Shahid Jamil PLD 2005 SC 530.
2. Mirza Shaukat Baig v. Shahid Jamil PLD 2005 SC 530
Discussion in Para 6 – postulate (10)
Court must deduce the intention of Parliament from the words used in the, Act, but if the words of an instrument are ambiguous in the sense that they can reasonably bear more than one meaning, that is to say, if the words are semantically ambiguous, or if a provision, if read literally, is patently incompatible with the other provisions of that instrument, the Court would be justified in construing the words, in a manner which will make the particular provision purposeful---Such, in essence, is the rule of harmonious construction .
3. DG Khan Cement v. Federation of Pakistan 2004 SCMR 456
Discussion in Para 18
Harmonious construction is to be made keeping in view the different provisions of the statute after fully understanding the intention with which the same had been made and object which was intended to be achieved.
4. Qazi Hussain Ahmed v. General Musharraf PLD 2002 SC 853
Discussion in Para 85
Interpretation of Constitution ---All provisions of the Constitutional documents have to be read together and harmonious construction be placed on such provisions so that no provision is rendered nugatory.
5. Farah Zahra v. Board of Governors of the Area Study Centre for Africa and North and South America of Quaid-e-Azam University (Lahore High Court) 2005 PSC 216
Discussion in Para 14
Court while interpreting any provisions of statute would ascertain intention of lawmakers from the words used, which must receive their literal, natural and ordinary meaning---Where two construction s were possible, then such construction should be adopted, which was more reasonable or which would ensure a smooth, harmonious working of statute.