O.L.M. Macan Markar Limited vs Al-Hambra Hotel Limited – SC APPEAL NO. 67/2017-2022

Brief
In the case between O.L.M. MACAN MARKAR LIMITED (Plaintiff–Respondent) and AL-HAMBRA HOTEL LIMITED and AL-HAMBRA HOTELS LIMITED (Defendant–Petitioner/Respondent), the court addressed whether Extraordinary Gazette Notification No. 1305/17 of 09.09.2003, issued by the Minister under the Rent Act, has prospective or retrospective effect. The core legal question centered on whether premises leased prior to the Gazette’s publication could be classified as “excepted premises” under the Rent Act and whether such classification affected ongoing rights and actions connected to tenancies involving limited liability companies. The court held that the Gazette Notification operates only prospectively, determining that statutory amendments or modifications by Gazette do not possess retrospective f