Trustees of Taiyabbhai Children’S Trust v. Attorney General – sllr 1997 volume 2 page 341

In the case between Trustees of Taiyabbhai Children’s Trust and the Attorney General, the court addressed whether the Emergency (Cultivation of Food Crops) Regulation No. 1 of 1973, enacted under section 5 of the Public Security Ordinance, excluded the court’s jurisdiction by substituting the common law remedy for compensation with a statutory method. It was held that the statutory remedy established by the regulation ousted the common law jurisdiction, and claims for compensation must be pursued exclusively through the procedure set out within the regulation. This approach reaffirmed the principle that where a statute prescribes a specific remedy and explicitly bars inconsistent provisions, the jurisdiction of the regular courts is ousted in favor of the statutory mechanism. The decision

REF: sllr 1997 volume 2 page 341 Category: Tag:
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