Law:

Section:

(a) Punjab Pre-emption Act (I of 1913----S.21--Constitution of Pakistan (1973), Art. 185(3)--Leave to appeal granted to the vendee in a pre-emption suit, to examine, inter alia the question whether successful pre-emptor had not waived her superior right of pre-emption. (b) Constitution of Pakistan (1973)-- --Art. 203-D--Power and jurisdiction of Federal Shariat Court/Shariat Appellate Bench of Supreme Court--Jurisdiction of Shariat Appellate Bench of Supreme Court does not enjoy under Chap. 3-A, Constitution of Pakistan a jurisdiction in the nature of a declaratory statute--Powers conferred on Courts is adjudicatory in nature for applying the test of repugnancy. The power conferred on the Courts is of examining and deciding the question whether or not any law or provision of law is repugnant to the Injunctions of Islam. Where the Court finds that any law or provision of law is repugnant to the Injunctions of Islam, it is required to set out in its decision the reasons for its holding that opinion and also deciding the extent to which such law or provision of law of is so repugnant. It is clearly an adjudicatory power of applying the test of repugnancy, a new test of ultra vires. Further, a power has been conferred to specify the date on which the decision shall take effect It is by reference to this power that it is provided that such law o provision of law shall, to the extent to which it is held to be so repugnant, cease to have the effect on the date on which the decision of the Court takes effect. The jurisdiction enjoined by Federal Shariat Court/Shariat Appellate Bench of Supreme Court under Article 203-D cannot be said to be declaratory in the traditional sense. The express limiting words of sub-clause (b) of clause (3) of Article 203-D of the Constitution leave no scope for a retrospective construction, or of giving them effect to matters adjudicated before that date. (c) Constitution of Pakistan (1973)-- ---Arts. 203-A & 203-H--Jurisdiction of Federal Shariat Court over pending proceedings in all forums--Reference to verses of Holy Quran for deciding authority of Courts--When authority exercisable is traceable to the constitutional provisions, it…

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