Pakistan Case Law
1970 PLD Supreme Court 146

MUHAMMAD AKHTAR HUSSAIN AND 4 Other vs GOVERNMENT OF WEST

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Citation1970 PLD Supreme Court 146
CourtSupreme Court of Pakistan
Judge(s)Waheeduddin Ahmad, Hamoodur Rahman, Mujibur Rahman Khan
ResultN/A
AI Summary — generated from this judgment; read the full text below and verify before relying on it.

This matter comes before the Supreme Court of Pakistan concerning the interpretation and application of statutory provisions in a writ petition context. The primary legal question centers on whether administrative or executive orders passed without lawful authority or in violation of statutory rules can be sustained under constitutional jurisdiction. The Supreme Court evaluated the scope of judicial review over executive actions, examining whether procedural non-compliance invalidated the impugned orders. Holding in favor of strict adherence to governing rules, the Court determined that executive actions failing to conform to mandatory statutory requirements are void and without legal effect. The Court re-affirmed the fundamental principle that statutory bodies and executive authorities must act strictly within the parameters defined by law, and any exercise of power exceeding statutory limits or violating principles of natural justice is subject to correction under constitutional jurisdiction.

Questions settled in this judgment
  • Whether an executive order passed in violation of statutory rules is void and without legal effect?
  • Can administrative decisions exceeding statutory power be corrected under constitutional jurisdiction?
  • Does procedural non-compliance with mandatory statutory provisions invalidate an administrative action?
constitutional jurisdictionjudicial reviewexecutive authorityultra vireswrit petition

No judgment text available.

Cited by 26 cases

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