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Supreme Court of Pakistan 2023 Interpretation of statutes

2023 PTD 1244

Curative and remedial legislation
MESSRS RAJBY INDUSTRIES KARACHI AND OTHERS
Appellant
VS
FEDERATION OF PAKISTAN AND OTHERS
Respondent

Case Laws / Head Notes / Paras

Interpretation of statutes--Curative and remedial legislation---Purpose and scope-- Retroactive/retrospective application---Curative statute is meant for lawmakers to recuperate the prior enactment for rectifying the defect or omission---In order to find out whether any beneficial, remedial or curative legislation has a retrospective effect, the litmus test is to explore whether it is intended to clear up an ambiguity or oversight in the prevailing or standing law and in its pith and substance, it corrects or modifies an existing law or an error that interferes with interpreting or applying the statute---Scope of curative legislation is clarificatory in nature but if it has no such character or essence, it cannot be deduced to be retroactive merely for the reason that it amounts to benefic...