| Citation(s) |
|---|
| 2013 SLG 1510 2013 SLD 1510 2013 SCMR 225 |
Supreme Court of Pakistan
Civil Appeal No.809 of 2006, decision dated: 8-11-2012,hearing DATE : 24-09-2012.(On appeal from judgment dated8-11-2004 passed by the Lahore High Court, Rawalpindi Bench,Rawalpindi in C.R. No.145 of 1992)
ANWAR ZAHEER, JAMALI AND SH. AZMAT SAEED, JJ
Syed Qalb-i-Hassan, Advocate Supreme Court for Appellants. Sh. Ahsan-ud-Din, Advocate Supreme Court for
Respondents Nos.1(a-h, h(i), 2(a-d, g & j).
Respondents. No. 1(h(ii), (iii), 2(e, f). Ex parte. Nemo for
Respondents. No. 1 [h(iv-viii)], 2(h & i).
Civil Appeal No.809 of 2006, decision dated: 8-11-2012,hearing DATE : 24-09-2012.(On appeal from judgment dated8-11-2004 passed by the Lahore High Court, Rawalpindi Bench,Rawalpindi in C.R. No.145 of 1992)
ANWAR ZAHEER, JAMALI AND SH. AZMAT SAEED, JJ
Syed Qalb-i-Hassan, Advocate Supreme Court for Appellants. Sh. Ahsan-ud-Din, Advocate Supreme Court for
Respondents Nos.1(a-h, h(i), 2(a-d, g & j).
Respondents. No. 1(h(ii), (iii), 2(e, f). Ex parte. Nemo for
Respondents. No. 1 [h(iv-viii)], 2(h & i).
MUHAMMAD FAROOQ through Legal Heirs and others
VS
MUHAMMAD HUSSAIN and others
Law:
Section:
(a) Constitution of Pakistan---Art. 203H---Provision of law challenged in court as being repugnant to Injunctions of Islam---Case/litigation pending under such provision of law---Effect---Notwithstanding the fact that a provision had been challenged, all proceedings pending in any court should not only continue but would be decided in accordance with the provision of law challenged, which would continue to be in force until the date specified in the declaring it to be repugnant to the Injunctions of Islam. (b) Constitution of Pakistan--- ----Art. 203D(2)---Judgment declaring a provision of law to be repugnant to Injunctions of Islam---Retrospective effect and applicability of such ---Scope---Such declaration by way of , should not take effect before the expiration of the period within which an appeal therefrom might be preferred to the Supreme Court or where an appeal had been so preferred, before the disposal of such appeal---Any such of the Federal Shariat Court or Shariat Appellate Bench of the Supreme Court, declaring a law to be repugnant to the Injunctions of Islam, would operate prospectively from the date mentioned therein---Judgments, decrees and orders already passed by applying such provision of law would remain unaffected by the subsequent decision declaring such provision of law to be repugnant to Injunctions of Islam and this would hold true even if s or orders were subjected to further proceedings by way of appeal etc. Sardar Ali and others v. Muhammad Ali and others PLD 1988 SC 287; Raja Muhammad Akbar represented by Major Lal Khan and others v. Iftikhar Jillani represented by his Legal Heirs PLD 1991 SC 71 and Aacher and others v. Dur Muhammad Usto and others 2001 SCMR 958 rel. (c) Punjab Pre-emption Act (IX of 1991)--- ---S. 6(2)---Constitution of Pakistan, Arts. 203D(2) & 203H---Right of pre-emption---Requirement of 'Zaroorat' or to avoid 'Zarar' declared as repugnant to the Injunctions of Islam---Retrospective effect of such declaration---Scope---Suit for possession through pre-emption filed by plaintiff (respondent)---During pendency of said suit, Punjab Pre-emption Act, 1991 came into force and Trial Court dismissed the plaint under O.…
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