| Citation(s) |
|---|
| 1999 SLG 524 1999 SLD 524 1999 SCMR 2518 |
Supreme Court of Pakistan
Civil Appeals Nos.714 and 974 to 977 of 1998, decisiondated: 29-06-1999. (On appeal from the judgment of theLahore High Court, Rawalpindi Bench, Rawalpindi, dated27-3-1998 passed in R.S.As. Nos.3, 4, 7 and 8 of 1988)
SAIDUZZAMAN SIDDIQUI, SH. IJAZ NISAR AND SH. RIAZ AHMED, JJ
Ch. Mushtaq Ahmed Khan, Advocate Supreme Court and Ch. Akhtar Ali, Advocate-on-Record for Appellant (in C. A. No. 714 of 1998). Gul Zarin Kiani, Advocate Supreme Court and Anwar H. Mir, Advocate-on-Record for
Respondent No. 1 (in all Cases). Mansoor Ahmad
Civil Appeals Nos.714 and 974 to 977 of 1998, decisiondated: 29-06-1999. (On appeal from the judgment of theLahore High Court, Rawalpindi Bench, Rawalpindi, dated27-3-1998 passed in R.S.As. Nos.3, 4, 7 and 8 of 1988)
SAIDUZZAMAN SIDDIQUI, SH. IJAZ NISAR AND SH. RIAZ AHMED, JJ
Ch. Mushtaq Ahmed Khan, Advocate Supreme Court and Ch. Akhtar Ali, Advocate-on-Record for Appellant (in C. A. No. 714 of 1998). Gul Zarin Kiani, Advocate Supreme Court and Anwar H. Mir, Advocate-on-Record for
Respondent No. 1 (in all Cases). Mansoor Ahmad
BABAR SHEHZADvsSAID AKBAR and another
Law:
Section:
(a) Precedent------- View expressed by a Bench of Supreme Court consisting of five Judges being contrary to the view expressed by 2 Judges of the Court, view expressed by 5 Judges would prevail. Muhammad Sharif v. Muhammad Sharif 1992 SCMR 1129 and Rozi Khan v. Karim Shah 1992 SCMR 445 ref. (b) Punjab Pre-emption Act (IX of 1991)--S. 34(2)---North-West Frontier Province Pre-emption Act (X of 1987), S.35(2)---Effect, scope and consequences of both the provisions are the same which are meant to protect the s and decrees passed in cases and appeals before the target date 31-7-1986. Rozi Khan v. Karim Shah 1992 SCMR 445 and Khushal Khan v. Rao Nawaz 1994 SCMR 814 ref. (c) Punjab Pre-emption Act (IX of 1991)--- ----S. 34(2)---If a decree in favour of pre-emptor was not passed before the target date, pending proceedings could not continue in accordance with provisions of the repealed Act. Muhammad Sharif v. Muhammad Sharif 1992 SCMR 1129 not a correct enunciation. Muhammad Sharif v. Muhammad Sharif 1992 SCMR 1129; Government of N.-W.F.P. v. Said Kamal Shah PLD 1986 SC 360; Sardar Ali v. Muhammad Ali PLD 1988 SC 287; Muhammad Shoaib v. Member (Revenue) PLD 1988 SC 355; Ghulam Qadir v. Nawab Din PLD 1988 SC 701; Aiwaz Khan v. Allah Bukhsh PLD 1988 SC 730; Ahmed v. Abdul Aziz PLD 1989 SC 771; PLD 1990 SC 865; Sultan v. Habib Ahmed PLD 1990 SC 897; Aziz Begum v. Federation of Pakistan PLD 1990 SC 899; Muhammad Yasin v. Khan Muhammad PLD 1990 SC 1060; Muhammad Ismail v. Ghulam Haider 1991 SCMR 1443; Rozi Khan v. Karim Shah 1992 SCMR 445; Khushal Khan v. Rao Nawaz 1994 SCMR 814; Zafar Ullah Khan v. Muhammad Khan 1993 SCMR 696; Hassan Mehmood v. Bashir Ahmed 1994 SCMR 1624; Muhammad Salam v. Wali Muhammad 1997 SCMR 108; Asghar Abbas v. Muhammad Amin 1993 SCMR 2022;, Said Amir Khan v. Shahzadi Khatoon 1993 SCMR 2050 and Civil Appeal No.730 of 1993 ref. (d) Supreme Court Rules, 1980--- ----O.XII. R.2---Appeal to Supreme Court---Where the entire record of an appeal had been taken away and it was re-presented aftwerwards the appeal shall be deemed to have been presented on the date when same was re-presented after compliance of the formalities. Muhammad Sarwar v. Muhammad…
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