Law:

Section:

(a) Court Fees Act (VII of 1870)--- ----Preamble---Suits Valuation Act (VII of 1887), Preamble---Civil Procedure Code (V of 1908), S. 115---Repugnancy to Injunctions of Islam---Payment of court-fee on plaints, memorandums of appeal etc. was declared to be repugnant to the Injunctions of Islam by Federal Shariat Court which decision was subject-matter of appeal before Supreme Court---High Court, in revisional jurisdiction, could not implement decision of Federal Shariat Court in the matter of repugnancy of provisions of Court Fees Act, 1870, and Suits Valuation Act, 1887, unless Supreme Court wherein appeal against said decision was pending confirmed the decision---High Court is not empowered to declare any provision of any Add to be repugnant to the Injunctions of Islam as such jurisdiction exclusively vests in Federal Shariat Court---So long as provisions of Court Fees Act, 1870, are on the statute book and are not declared un-Islamic by the Supreme Court, plaintiffs, applicants and appellants will have to pay court-fee in the law Courts. Bashir and 3 others v. The State PLD 1991 SC 1145; Allah Dad v. Mukhtar and others 1992 SCMR 1273; Mirza Qamar Raza v. Mst. Tahira Begum and others PLD 1988 Kar.169; Allah Banda v. Mst. Khurshid Bibi 1990 CLC 1683; lijaz Haroon v. Inam Durrani PLD 1989 Kar. 304; Fores v. Cochrane 107 ER 450; Encyclopaedia Tritianica p. 232; Sardar Ali v. Muhammad Ali and others PLD 1988 SC 287; Commissioner of Income Tax (Central), Karachi v. Messrs Fakir Cotton Ginning Ltd. PLD 1991 SC 280; Haji Khurshid Ahmad v. Salabat Ali ADJ, Sahiwal 1992 CLC 2270; Hakim Khan and 3 others v. Government of Pakistan and others PLD 1992 SC 64; Messrs Mumtaz Industries v. Industrial Development Bank of Pakistan through Manager and others 1991 MLD 863; Massu and 27 others v. United Bank Limited and another 1990 MLD 2304 and Mirza Daud Beg v. Additional District Judge 1987 SCMR 1161 ref. (b) Enforcement of Shariah Act (X of 1991)--- ----S. 9---Constitution of Pakistan (1973), Arts. 2-A & 203-A---Repugnancy to Injunctions of Islam---Provision of Art. 203-A is a complete bar to the jurisdiction of other Courts---Federal Shariat Court alone can take…

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