Law:

Section:

(a) Negotiable Instruments Act (XXVI of 1881)----Ss. 61, 62 & (r4--Constitution of Pakistan (1973), Arts.203-13(c), 203-D & 203-F--Federal Shariat Court, jurisdiction of--Negotiable instruments dealt with in the Act arc inter alia important banking documents, and do not fall within the definition of law as contained in Art.203-B(c) of the Constitution of Pakistan-­Federal Shariat Court, held, lacked jurisdiction in the matter. Pakistan v. Public-at-Large P L D 1986 S C 240 rel. (b) Negotiable Instruments Act (XXVI of 1881)-- ---Ss.61, 62 & 64--Constitution of Pakistan (1973), Arts.203-D & 203-F--Specific provisions contained in the Injunctions of Holy Quran regarding contract marriage and incidence of Talaq and other contractual relationships were neithci referred nor discussed in the of Federal Shariat Court--Requirement of Constitutional mandate was not satisfied--Part of impugned relating ti Ss.61, 62 & 64 of the Negotiable Instruments Act, 1881 was set aside--No bar o, res judicata would be attended to the Federal Shariat Court in re-examining the questions involved in the impugned both with a view to see whether the subject-matter fell within the jurisdiction of the Federal Shariat Court and whether any of the provisions of the Act were repugnant to the Injunctions of Islam. JUDGMENT JUSTICE MUHAMMAD AFZAL ZULLAH (CHAIRMAN).--This appeal under Article 203-F of the Constitution is directed against judgment dated 5-11-1983 of the Federal Shariat Court; whereby in suo motu exercise of power under Article 203-D of the Constitution, Sections 61, 62 and 64 of the Negotiablc Instruments Act (No. XXVI of 1881), were held to be repugnant to the Injunctions of Islam. The following direction accordingly was made in the impugned judgment. "The provisions of sections 61, 62 and 04 about the liability ceasing on non-presentment are required to be omitted and it is further required that a section may be added to clarify that where the suit is filed without presentment and the defendant admits his liability thereto, the plaintiff will not be awarded the costs of the suit and on the other hand will reimburse the defendant for his costs as may be…

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