Wednesday, November 30, 2011

Case law citations - two provisions for the same offence

PLD 2001 Khi 283 Comparison of the provisions of the Customs Act &CNSA.  Read section 72 of CNSA. CNSA being the law that creates special court and punishes a specific offence of Narcotics
Reference is made to 1995 SCMR 626 regarding prosecution of two offences by Courts of able jurisdiction

PLD 1985 SC 335 Based on section 26 of the General Clauses Act at page  340 head note D

PLD 1971 Khi 887 at 892 Words subject to the provisions of can be effective in those circumstances only in which the provisions to which the reference is made in the section may be applicable. Reference is made to section 5 of the Family Courts Act 1964.
Subject to meant " conditional upon"

1971 SCMR 686 Statues creating a special offence and laying down a special procedure for trial of such offence, such procedure must be followed and not the ordinary procedure (687)

PLD 2003 Peshawar 77 Special procedure provided under special law not followed, procedure followed under ordinary law through FiR was quashed.
PLD 2003 Lah 493 Deals with the interpretation of se ton 5(2)of CRPC. Reference is made to various provisions of Customs Act and Sales Act

1992 PCr LJ 127 Deals with section 1(2) of CRPC Suppression of Terrorist Activities (Special Courts) Act 1975

PLD 1988 Khi 49 Section 5(2) of CRPC. Provisions of the criminal procedure code held were subject to the provisions of Special enactment and in case of inconsistency special enactment will prevail.

PLD 1967 Lah 1297 Special tribunal and special machinery provided under special law. The jurisdiction of ordinary courts is completely ousted.

PLD 1969 Lah 251 Where no special court is not mentioned in the statute then the ordinary courts have the jurisdiction. If special court or tribunal is mentioned in the enactment then that particular court shall have exclusive jurisdiction.
PLD 1988 Lah 171 General provisions in the statute held could not operate to control the special provisions. (174)

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