Law:

Section:

(a) North-West Frontier Province Pre-emption Act (X of 1987)--- ----S. 35---Judgment and decree, saving of---Provisions of North-West Frontier Province Pre-emption Act, 1950---Applicability---Till the promulgation of North-West Frontier Province Pre-emption Act, 1987, N.-W.F.P. Pre-emption Act, 1950 was holding the field as the previous law was repealed from the date of commencement of North-West Frontier Province Pre-emption Act, 1987---Proceedings connected and decree passed during the period would not be rendered without jurisdiction and void as the Act of 1950 was holding the field and the Court was also bestowed with jurisdiction to decide cases accordingly. (b) Constitution of Pakistan (1973)--- ----Art. 203-D(3)(b)---Making of law in consonance with Injunctions of Islam---Proceedings under the law having been declared against Injunctions of Islam---Validity---Provisions of Art.203-D(3)(b) of the Constitution do not provide that if any law has been declared against the .Injunctions of Islam, proceedings instituted under such law would also come to an end on the date fixed by the Court for making such law in consonance with the Injunctions of Islam. (c) Pre-emption--- ----Right of pre-emption ---Filing of suit of per-emption after the date fixed by Supreme Court in Said Kamal Shah's case reported as PLD 1986 SC 360---Effect---Fresh suit after the stipulated period would not be instituted under the law which had been found contrary to the Injunctions of Islam but the claimants would be entitled for the enforcement of their rights under the Islamic Law of Pre-emption like the Provinces of Sindh and Balochistan where no statutory laws governing pre-emption suits were applicable---Such fight was substantial right of an individual and the same could not be taken away merely due to repeal of law under which suit for its enforcement was filed. Government of N.-W.F.P. through Secretary, Law Department v. Malik Said Kamal Shah PLD 1986 SC 360; Rozi Khan and others v. Syed Karim Shah and others 1992 SCMR 445; Sardar Ali v. Muhammad Ali PLD 1687 SC 287 and Malik Gul Hassan & Co. and 5 others v. Allied Bank of Pakistan 1996 SCMR 237 ref. (d) Interpretation of…

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