Introduction To The Judgement
This Judgement has given by the supreme court of Pakistan which overruled the Decision of Lahore High Court, decided in 2016 . This judgement has elaborated the distinction between General law and special Law , It also Deal with the scope of general and special law.
Difference Between General And Special Law
According to this judgement General law is one that was unrestricted in terms of its applicability to all issues covered by its subject matter, whereas special law may be restricted to certain Localities, persons or types of cases . Weather a law is general or special depended on the particular features of the statute in issue and was ultimately a question of relativity between tow or more statutes on the common subject matter .
criminal procedure code 1898 and Pakistan penal code 1860 are both General law and would cede to any special law.
When There IS Conflict between General and Special Law What would Prevail ?
According to the Judgement if there is conflict between General and special law than the law, which is enacted former would prevail over the later .
When There is Conflict Between General and Special Law in term of Punishment What would Prevail ?
According to the judgement , when two laws are providing different punishment for same offence than the law provide greater must relent in favour of the law giving the lesser punishment
When there is Conflict Between two Special Laws containing overriding Effect What would prevail ?
According to the judgement When there are two special laws both having overriding effect , and they are coming against one another, Ordinary the statute later in time would prevail over the statute prior in time , Moreover in order to determine which statute is to prevail , the judgement say that when any conflict arises between such statute then to deal with any such situation , the object of the statute the purpose and policy of the enactment and the intention to legislate such statute also be considered.
Concluding Remarks
To Conclude i would say that the judgement of supreme court of Pakistan has overruled the judgement of Lahore High court in explaining the difference and the overriding effects of the statutes over other
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