Law: Constitution of Pakistan, 1973

Section: 203B(c),203D

(a) Words and phrases-- ----"Custom or usage"---Scope and essential elements. "Words and Phrases" published by West Publishing Co. ref. (b) Words and phrases-- ----"Custom"---Definition. Law-Terms and Expression, Edn. 2012 ref. (c) Constitution of Pakistan --- ----Arts. 203-B(c) & 203-D---Federal Shariat Court, jurisdiction of-- Scope-Rules framed under an Act or Ordinance---Repugnancy to Injunctions of Islam---Act/Ordinance was termed as "statutory law"--- Rules framed under the powers conferred by the "statuary law", were integral part of the same law and such Rules, if considered repugnant to the Injunctions of Islam, could be challenged in a Shariat petition by any citizen. (d) Constitution of Pakistan--- ----Arts. 203-B(c) & 203-D---Federal Shariat Court, jurisdiction of--- Scope---By-laws or Rules of a Private Limited Company/Association not made/approved by the Government--Such by-laws/Rules were non-statutory in nature and thus remain beyond the pale of jurisdiction of the Shariat Court. Petitioner had challenged certain by-laws framed by the Karachi Cotton Association, which was a private limited company. Rules/by-laws which had been made by a Private Limited Company/Association, without the approval of the legislature and which could be changed, any time, only by the Company/Association, without the intervention of the Government,' enjoyed a non-statuary status and thus remain beyond the jurisdiction of the Federal Shariat Court, as determined by the Constitution. Impugned by-laws/Rules of Karachi Cotton Association could not be brought inside the scope of "custom or usage" as used in Article 203-B(c) of the Constitution. Federal Shariat Court could not examine the impugned by-laws of Karachi Cotton Association by way of Shariat petition. Shariat petition was dismissed accordingly. (e) Constitution of Pakistan--- ----Arts. 203-B(c) & 203-D---Federal Shariat Court, jurisdiction of---"Custom or usage" having the force of law---Scope and meaning---Meaning and legal connotation of the expression "custom and usage" [used in Art.203-B(c) of the Constitution] could not be left to the discretion or notions of an individual but had to be clearly…

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