Law:

Section:

Specific Relief Act (I of 1877)--- ----S. 12---Enforcement of Shari'ah Act (X of 1991), S. 4---Constitution of Pakistan (1973), Arts. 203-A to 203-H & 175---Court Fees Act (VII of 1870), S. 7(x)---Suit for specific performance of agreement to sell---Plaintiffs fixing valuation of suit for purposes of court-fee and jurisdiction at Rs. three lac and seventy-five thousand (3,75,000) but paid no court-fee on plaint---Plaintiffs claiming exemption from payment of court-fee on sole ground that demand of court-fee on documents filed in Courts of justice was un-Islamic and thus, could not be enforced---High Court's jurisdiction to determine as to whether any law was or was not contrary to Injunctions- of Islam was barred by provisions of Art. 203-D of the Constitution whereby such jurisdiction was vested on Federal Shariat Court. Provisions of Chapter 3-A comprising Articles. 203-A to 203-H of the Constitution of Islamic Republic of Pakistan, were overriding. Under this Chapter, a Constitutional Court with the nomenclature of Federal Shariat Court was established to examine and decide, whether any law was repugnant to Islamic Injunctions. Law was defined in clause (c). of Article 203-B of the Constitution. Among others, for a period of ten years from the commencement of the Chapter 3A any fiscal law or law relating to levy and collection of taxes and fees were excluded from the purview of Federal Shariat Court. Period of ten years has since elapsed. It was on this view that Court Fees Act fell for scrutiny before the Federal Shariat Court with the result that its provisions charging court-fee were declared to be un-Islamic. Article 203-G was a barring jurisdiction provision in the Constitution itself. It says that save as provided in Article 203-F (which deals with appeal to Supreme Court), no Court or Tribunal, including the Supreme Court and a High Court would entertain any proceedings or exercise any power or jurisdiction in respect of. any matter within the power or jurisdiction of the Court. "Court" is defined in clause (b) of Article 203-B of the Constitution. Only Federal Shariat Court was empowered by the Constitution to examine and decide, as to whether…

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