Case Details

Citation(s)
1991 SLG 493 1991 SLD 493 1991 PLD 376
Supreme Court of Pakistan
Civil Appeals Nos.423 and 444 of 1990 and Civil Miscellaneous Appeal No.3 of 1990, decision dated: 14-01-1991.
MUHAMMAD AFZAL ZULLAHH, C.J AND ABDUL QADEER CHAUDHRY, J
M. Munir Peracha, Advocate Supreme Court No. 1 (in Civil Appeal No. 444 of 1990). Nemo for the Remaining
Respondents. Abdul Aziz Qureshi, Advocate Supreme Court and Imtiaz Muhammad Khan, Advocate-on-Record for Applicants (in Civil Miscellaneous Applicat

BASHIR AHMAD and others

VS

LAL KHAN and others

Law:

Section:

Punjab Pre-emption Ordinance (XXVII of 1990)------- S.36 --- Plea of Talab --- False pleas and false affidavits with regard to Talabs--­Supreme Court, having already warned unscrupulous litigants having human greed and lust for unearned gain, observed that it might start taking periods punitive action against such persons filing false pleas and false affidavits with regard to Talabs.-[ Affidavit]. Ghulam Qadir v. Nawab Din PLD 1988 SC 701; Government of N.-W.F.P. v. Malik Said Kamal Shah PLD 1986 SC 360; Suo motu Shariat Review Petition No.1-R of 1989 PLD 1990 SC 865; Sultan v. Habib Ahmad; Mst. Aziz Begum v. Federation of Pakistan and Muhammad Yasin v. Khan Muhammad PLD 1990 SC 8979 899 and 1060 ref. Abdul Aziz Qureshi, Advocate Supreme Court and Ch. Mehdi Khan Mehtab, Advocate-on-Record (absent) for Appellants (in both appeals). Nemo for Respondent (in Civil Appeal No.423 of 1990). JUDGMENT MUHAMMAD AFZAL ZULLAH, CJ.--These appeals and other Miscellaneous application arise out of the same matter, therefore, they are being disposed of together. The cases relate to the well-known controversy over the recent development of law of pre-emption in accordance with the Islamic injunctions, jurisprudence and philosophy. Enough comment has already been made in the case of Ghulam Oadir v. Nawab Din PLD 1988 SC 701 regarding the general nature of these cases and human conduct vis-a-vis, the same. The limits of greed and lust for unearned gain was also commented upon. The present proceedings perhaps can also be linked with the said aspect of this matter. Learned counsel appearing for the appellants has raised two-fold argument in support of these appeals. Firstly, he contended that the necessity of Islamic Talabs not being a part of the Holy Qur'an' or Sunnah of the Holy Prophet (p.b.u.h.) they could -not be made part of any judicial pronouncement for the enactment of new law of Islamic Shufa. If, according to him, the foregoing proposition is correct then he further contended that it was beyond the jurisdiction of the Shariat Appellate Bench to render any decision based on the concept of Talabs. When pointed out that these very questions have finally been settled and…
🔒
Continue readingLogin or create an account to access the complete content.Login / Register

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492