Law: Muslim Personal Law (Shariat) Application Act, 1962

Section: 2A

(a) West Pakistan Muslim Personal Law (Shariat) Application Act (V of 1962)-------S. 2-A [as added by Punjab Muslim Personal Law (Shariat) Application Act (Amendment) Ordinance (XIII of 1983)J---Provisions of S.2-A(a)(b) of West Pakistan Muslim Personal Law (Shariat) Application Act, 1962---Scope---Such provisions ordained that all matters pending or decided under the custom, if contrary to Shariah, would abate forthwith, and if any decree in violation thereof existed, would be rendered void and inexecutable having no effect or consequence. (b) Interpretation of statutes--. ----Proviso, function of---Proviso only creates an exception to the main provision, but cannot override the section to which it forms part. (c) West Pakistan Muslim Personal Law (Shariat) Application Act (V of 1962)--- ----S. 2-A, proviso---Proviso to S. 2-A of West Pakistan Muslim Personal Law (Shariat) Application Act, 1962---Applicability---Essential conditions---In order to attract such proviso to a transaction, two conditions must co-exist i.e. past and closed transaction, and delivery of possession thereunder to decree-holder---Past and. closed transaction would mean a decree having attained finality---Principles. Proviso to section 2-A is based upon the rule of finality and conclusiveness in the judicial dispensation attached to a and decree and has only secured and protected those transactions, which are firstly past and closed, a principle and phraseology well-understood in the legal parlance, and in addition thereto, possession under such transaction has also been delivered to decree holder. Thus, in order to attract the proviso, the two conditions mentioned above must co-exist and fully satisfied. But if one of those is missing, the proviso shall not apply. In order to adjudge, if any transaction is past and closed, the condition precedent is that the chapter in relation to the subject, to which the transaction pertains, must be conclusively closed meaning thereby that the decree, if any passed, must have attained finality, either it is not challenged by aggrieved party or if so done by crossing the forums of appeals or revisions etc., in the hierarchy, it is passed. If, however,…

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