Law: N.-W. Frontier Crimes Regulation (III of 1901)

Section: 8

(a) Frontier Crimes Regulation (III of 1901) S. 8 read with Constitution of Pakistan (1973), Art. 185 (3)-New point-Litigation between parties going on for more than 20 years and at no stage contention as to Jirga or Courts constituted under Regulation being not competent to deal with matter raised-Point as to suit in question having not been competently drawn into ambit of F. C. R. under S. 8 thereof not raised in any Court and even not raised in petition for leave to appeal-Point not allowed to be raised at late stage of leave to appeal. (b) Frontier Crimes Regulation (III of 1901)  S. 8-Guardian ad item, failure to appoint-No statutory provision directing Council-of-Elders to observe a procedure consistent with principles of Muslim law or of any other law shown to exist Characteristic feature of all cases tried under F. C. R. on other hand Council-of-Elders not bound by any fixed procedure and at liberty to make such inquiries and in such manner as it thinks fit-Such being scope of powers enjoyed by Council-of-Elders, contention as to its proceedings having vitiated on account of want of appointment of a guardian ad !item during proceedings, held, loses all importance Rights of petitioner in disputed property in proceedings before Council of-Elders having been fully protected by appointing his mother as his next friend and his elder brothers having identical interest in matter having contested suit, petitioner's case, held, not prejudiced. (c) Frontier Crimes Regulation (III of 1901) S. 8 (1) read with Precedent No. 27 dated 31st of July 1907, vide Green Book, p. 276-Precedent No. 27 cited in Green Book calling upon Council-of-Elders not to render decision inconsistent, as far as possible, with Muslim law-Does not 'relate to procedural matter but relates to substantive rights of parties-Only obligation on Council-of -Elders so far as procedure concerned to decide matter "after making such inquiry as may be necessary and after hearing the parties". [Muhammadan Law-Practice and procedure]. (d) Frontier Crimes Regulation (III of 1901) S. 8 (1)-Compromise---Competency of Council-of-Elders to accept Council-of- Elders-Held, competent to…