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1991 MLD 715

MIRPURKHAS SUGAR MILLS LIMITED

V/S

DISTRICT COUNCIL, THERPARKER


Constitution of Pakistan (1973), Articles 70, 141 & 142 — ]
Sindh Local Government (Amendment and Rawangi Mahsool Validating) Act, 1989 (II of 1990), Section 3 — Legislature’s power to make law within specified framework outlined by the Constitution — Limitations and extent of such powers delineated in the Constitution — Any law made by legislature offending against provisions of the Constitution to be void — Power of making law validating any statute to be subject to the provisions of the Constitution —
Judgment of a Court declaring any notification to be invalid sos long as the same did not offend against the Cosntitution could be validated by the legislature notwithstanding the judgment — Such power, however, could not be exercised where Court had pointed out that a provision in a statute, notification or action was ultra vires the Constitution — Provisions of Section 3, Sindh Local Government (Amendmewnt and Rawangi Mahsooli Validating) Act, 1989 (II of 1990), in so far as they validaste the levy, assessment, charge and collection or realization of Rawangi Mahsool Tax in respect of goods exported outside Province of Sindh to any area in Pakistan were ultra vires the Constitution and could not give validity to notification dated 12th June, 1986 to that extent. [1991 MLD 715]

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