GENERAL CLAUSES ACT 1897 LESSON 2

SECTION 21

Power to make, to include power to add to, amend, vary or rescind, orders, rules or bye-laws.

Where, by any [Central Act] or Regulation, a power to [issue notifications], orders, rules, or bye-laws is conferred, then that power includes a power, exercisable in the like manner and subject to the like sanction and conditions (if any), to add to, amend, vary or rescind any [notifications], orders, rules or bye-laws so [issued].

  • Orders
  • Add to or modify
  • Amend
  • Vary
  • Rescind

FUNCTUS OFFICIO (WHEN FUNCTION OF AN OFFICE EXPIRES)

  1. It must be official and not mere communication
  2. Before decisive effects
  3. Right of review
  4. Corrigendum
  5. Locus poenitentiae                         لوکس ۔پونی ٹین شی
  6. Order taken by fraud, misrepresentation
  7. Passed by incompetent authority
  8. In violation of a specific provision of law
  9. Bonafied person
  10. 2005 SCMR 57 (POST JOINING)
  11. 1970 SCMR 63 (NOC)
  12. MALAFIED ORDER

Malafied is not an art of word but a fact. It has to be established by evidence.

Malice in Law and Malice in Fact

SECTION 26

26. Provision as to offences punishable under two or more enactments.–

Where an act or omission constitutes an offence under two or more enactments, then the offender shall be liable to be prosecuted and punished under either or any of those enactments, but shall not be liable to be punished twice for the same offence.

 

COMMENTARY 

Download Files

general-clauses-act-1897-latest.pdf (0.70 MB )