Case Details

Citation(s)
1990 SLG 420 1990 SLD 420 1990 PLD 1060

Civil Petition No. 463-R of 1988, decision dated: 18-07-1990, hearing DATE : 30-06-1990
NASIM HASAN SHAH AND ABDUL HAFEEZ MEMON, JJ

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MUHAMMAD YASIN and others

VS

KHAN MUHAMMAD and others

Law: Constitution of Pakistan, 1973

Section: 188,203,185(3)

Law: Supreme Court Rules, 1980

Section: OXXVI,Rr.1,9

Law: Punjab Pre-emption Act, 1913

Section: 15,30

(a) Constitution of Pakistan (1973)------Art. 188--Shariat Appellate Bench of the Supreme Court is empowered to explain, clarify or review its own orders. Suo Motu Shariat Review Petition No.l-R of 1989, In re: PLD 1990 SC 865 ref. Sardar Ali and others v. Muhammad Ali and others PLD 1988 SC 287 and Ahmad v: Abdul Aziz and others PLD 1989 SC 771 ref. (b) Punjab Pre-emption Act (I or 1913)--- ---S. 15--Constitution of Pakistan (1973), Art.203-F--All clauses of S.15, Punjab Pre-emption Act, 1913 were against the Injunctions of Islam and no part of it (S.15) continued to have any legal effect after 31-7-1986, the target date as given in the case of Government of N.-W.F.P. v. Said Kamal Shah PLD 1986 SC 360. Suo Motu Shariat Review Petition No.l-R of 1989, In re :PLD 1990 SC 865 ref. Sardar Ali and others v. Muhammad Ali and others PLD 1988 SC 287 and Ahmad v. Abdul Aziz and others PLD 1989 SC 771 ref. (c) Punjab Pre-emption Act (I of 1913)--- ----Ss. 15 & 30---Constitution of Pakistan (1973), Art. 203-F---Provisions of Ss.15 and 30 of. the Punjab Pre-emption Act, 1913, having ceased to have legal effect in their entirety from 31-7-1986 in view of Said Kamal Shah's case reported as PLD 1986 SC 360, no suit, could be continued on the basis of the said provisions after the said date except those pre-emption suits wherein decrees had been passed before 31-7-1986. Suo Motu Shariat Review Petition No.l-R of 1989, In re :PLD 1990 SC 865 ref. Sardar Ali and others v. Muhammad Ali and others PLD 1988 SC 287. and Ahmad v. Abdul Aziz and others PLD 1989 SC 771 ref. (d) Punjab Pre-emption Act (I of 1913)---. ----Ss. 15 & 30---Constitution of Pakistan (1973), Art. 203-F---For interpretation of of Shariat Appellate Bench of Supreme Court in Said Kamal Shah's case reported as PLD 1986 SC 360 it is the in Suo Motu Review Petition No.1-R of 1989 by Shariat Appellate Bench of Supreme Court delivered on 26-5-1990 and reported as PLD 1990 SC 865 that holds the field and not any other and there was no need to refer to any other which had sought to interpret the of Said Kamal Shah's case. Link 1 The constitution of a very large Bench of Supreme Court was necessitated and…
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