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1993 SCMR 2322
[Supreme Court of Pakistan]

ADMINISTRATOR, MARKET COMMITTEE, KASUR Versus MUHAMMAD SHARIF and 17

Writ Petitions Nos. 10563, 10264 and 2113 of 1992 C.Ps. S.LA. Nos. 903 to 905-L, decided on 17th July, 1993.
Result: Leave granted.
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Summary

This matter comes before the Supreme Court of Pakistan upon a petition for leave to appeal, directed against an order of the High Court concerning the application of market rules. The core legal question for consideration is whether Rule 79 of the Punjab Agricultural Produce Market (General) Rules, 1979 operates prospectively and thus does not affect vegetable markets already in existence prior to its enforcement. Granting leave to appeal, the Supreme Court held that the operation of the impugned order of the High Court shall remain suspended during the pendency of the appeals. The key principle established is that substantial questions regarding the prospective or retrospective operation of statutory rules governing agricultural produce markets warrant a full review by the apex court, during which interim suspension of lower court orders may be granted.

Questions settled in this judgment
  • Whether Rule 79 of the Punjab Agricultural Produce Market (General) Rules, 1979 is only prospective in nature?
  • Does Rule 79 of the Punjab Agricultural Produce Market (General) Rules, 1979 affect vegetable markets already in existence before it came into force?
leave to appealagricultural produce marketprospective operationmarket rulesinterim suspension

ORDER

SAAD SAOOD JAN, J- Leave to appeal is granted to consider whether Rule 79, Punjab Agricultural Produce Market (General) Rules, 1979, is only propsective and that it does not affect vegetable markets which were already in existence before it came into force.

2.During the pendency of the appeals the operation of the order of the High Court shall remain suspended.

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