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He said the impugned notification was neither based on sound reasons nor it was reasonable, but contravened the provisions of the Constitution and it could not sustain.
Or in the alternative, they prayed, the impugned order may kindly be modified with direction for adequate representation of the petitioners during the examination of the witnesses at High Commission London.
On the other hand the learned counsel appearing for the respondent has supported the impugned orders passed by the two courts below and he has contended that by the passing away of limitation valid and vested right created in favour of the respondent and since the appellant has chosen the wrong forum, therefore, it is for him to suffer and the provision contained in section 14 of the Limitation Act will not come for the rescue of the appellant.
41) Gageler J utilised the 'suitability' concept at this stage of the analysis as an objective test for determining the purpose of the impugned law.
The said request was turned down vide letter dated 29-8-2011 which led the respondents to challenge the said letter by way of constitutional petition which was allowed by the learned Single Judge through the impugned order.
The instant criminal revision petition is directed against the impugned orders.
The petitioner said the impugned ordinance was due to show of force, which amounted to subverting and undermining the constitution.
Petitioner Fonseka seeks an order from the Court to quash the decision of the 1st Court Martial finding him guilty of the impugned charges and quash the decision of the 5th Respondent Rear Admiral Fernando (DSG) to function as the judge advocate in the proceedings.
The Impugned Order does not address as to how it would have been efficient to offer the two products separately or whether separation of the two products was even viable.
M/s Takaful Pakistan Limited was represented by Barrister Khurram Rashid who argued the matter at length and prayed that till passing of final Order, the operation of impugned Order be suspended.
however, we are inclined to observe in unambiguous terms that any benefit drawn or intended to be drawn by any of the public office holder shall be subject to the decision of the listed petitions and the beneficiary would not be entitled to claim any protection of the concluded action under Sections 6 and 7 of the impugned Ordinance, under any principle of law, if this Court conclude that the impugned Ordinance and particularly its these provisions are ultra vires the Constitution".
Consequently, the cornerstone of administrative law is the importance of the examination of the specific legislation as it applies to a specific act of a specific official in order to determine the lawful authority of the impugned act.