Decided Shariat Cases

1 S. No. Shariat Petition No. & Party Names Law Challenged Appeal filed in the Hon.
Suprem e Court of Pakistan or not with Status The use of liquor during Appeal not iztrar is, therefore, not filed repugnant to the Holy Quran or Sunnah. Nor can, any objection be taken to the definition of iztrar in the Prohibition (Enforcement of Hadd), Order 1979. Appeals dismissed. (Judgment dated 13-12-1980).PLD 1983-FS2C Page 55 FSC Decision
1.
Sh.P.No.1/L/1979 Mr. Ghulam Nabi Awan Vs. The Fed: of Pakistan
L/W
Iztirar section 6 (regarding drinking of liquor) of the Prohibition (Enforcement of Hadd), Order 1979 challenged being repugnant to injunctions of Islam.
2.
Sh.P.No.18/K/1979 Syed Masood Ahmed Vs. President of Sections 17 of the Pakistan said Ord. (regarding Licensee for Bonfire Medicinal or other Purpose). Sh.P.No.1/K/1979 The death sentence Muhammad Shafi U/S 302 PPC R/W Muhammadi Sec.109 and 111of Vs. PPC is un Islamic The Federation of unless it is based on Pakistan Al-Haq. S.P.No.13/L/1979 Muhammad Riaz Vs. Federal Govt. another L/W S.P.No.69/L/1979 L/W S.P.No.09/L/1980 L/W S.P.No.O2/K/1979 L/W S.P.No.12/K/1979 L/W S.P.No.07/K/1980 L/W S.P.No.04/K/1980 L/W S.P.No.20/L/1979 Qisas and Diyat Ord.
The court has declared that the judgment of the Shariat Bench of the Peshawar High Court 1-10-1979 in Gul Hassan Khan Vs Government of Pakistan reported as PLD 1980 Peshawar-1, declaring sections 54, 55 and 302 of the Pakistan penal code and sections 345 (7),401,402 and 402-B of code of Criminal Procedure with the relevant parts of the schedule repugnant to Injunctions of Islam has binding and holds the field (2) It is held by majority that section 302 PPC has also repugnant to Injunctions of Islam on the following additional ground:No exemption of death sentence has been provided for (a) an offender who is insane at the time of execution and (b) a Parent killing his/her son (3) Sections 304 and 304-A have repugnant because they do not also provide for composition and payment deeyat (4) Sections 324,325,326,329,331 and 333 have repugnant because they do not also provide for Qisas or payment of compensation (Deeyat, ursh or Daman). (5) Further more sections 326 and 329 have repugnant because they do not provide for payment of
The Appeal has Filed in the Supreme Court PLD 1989 SC Page-633.
2 Deeyat (6) Sections 335, and 338 are repugnant because they do not also provide for payment of Deeyat. (7) other provisions relating in hurt in chapter XVI of PPC have repugnant as they do not provide for absolute compundability and payment of compensation (Deeyat) ursh or Daman In cases in which (Right of a man) is treated to be predominated, the provisions of section 401,402,402-A and 402-B C.R.P.C. have not apply these sections have repugnant to the Holy Quran and Sunnah of the Holy Prophet (Peace be upon Him) to this extant this decision have take effect from 1st April, 1981, dated 23-9-1980 PLD 1980 FSC Page-1. In view of the opinion of majority, the provisions of Martial Law Regulation1972, (MLR-115) and Land Reform Act, 1977, all these petitions have been dismissed vide Courts order dated 13.12.1980. PLD-1981 FSC Page-23.
3.
Sh.P.No.02/L/1979 Hafiz Muhammad Amin Vs. Islamic Republic of Pakistan & other L/W Sh.P.No.05-L/1979 L/W Sh.P.No.06- L/1979 L/W Sh.P.No.07-L/1979 L/W Sh.P.No.08 -L/1979 L/W Sh.P.No.09-L/1979 L/W Sh.P.No.10-L/1979 L/W Sh.P.No.12-L/1979 L/W Sh.P.No.14-L/1979 L/W Sh.P.No.15-L/1979 L/W Sh.P.No.16-L/1979 L/W Sh.P.No.21-L/1979 L/W Sh.P.No.23-L/1979 L/W Sh.P.No.24-L/1979 L/W Sh.P.No.25-L/1979 L/W Sh.P.No.27-L/1979 L/W Sh.P.No.30-L/1979 L/W Sh.P.No.31-L/1979 L/W Sh.P.No.33-L/1979
Para 25(3) (d) of Martial Law Regulation 115, Land Reforms Act, 1972, Punjab Acquisition of Land (Housing) Act, 1973, Development of Cities Act, 1976, Capital Development Authority Ord.-XXIII, 1960, section 5, 7, 8, 14, 19, 20, 30, 31, of Punjab Preemption Act, 1913, read with Article 10 & 120 of Limitation Act, 1908 challenged preemption Cases being repugnant of injunction to the injunctions of Islam.
Paragraph 25(1) of the regulation has already been repugnant PLD-1986 SC Page- 360. Sh.A.No.1,3,8, 9,10 of 1981 and 1 of 1987 are Allowed and Sh. A.No 4 of 1981 with reservation contained in Para 3 above of 1984 are partly Allow dated on 10-81989 PLD 1990 SC Page99. and The Rev.Petition has been dismissed being barred by time dated 14-12-1991
3 L/W Sh.P.No.36-L/1979 L/W Sh.P.No.38-L/1979 L/W Sh.P.No.43-L/1979 L/W Sh.P.No.39-L/1979 L/W Sh.P.No.40-L/1979 L/W Sh.P.No.44-L/1979 L/W Sh.P.No.54-L/1979 L/W S.P.No.55-L/1979 L/W Sh.P.No.56-L/1979 L/W S.P.No.57-L/1979 L/W Sh.P.No.58-L/1979 L/W Sh.P.No.46-L/1979 L/W Sh.P.No.47-L/1979 L/W Sh.P.No.48-L/1979 L/W Sh.P.No.49-L/1979 L/W Sh.P.No.51-L/1979 L/W Sh.P.No.61-L/1979 L/W Sh.P.No.63-L/1979 L/W Sh.P.No.64-L/1979 L/W Sh.P.No.65-L/1979 L/W Sh.P.No.72-L/1979 L/W Sh.P.No.45-L/1979 L/W Sh.P.No.73-L/1979 L/W Sh.P.No.74-L/1979 L/W Sh.P.No.75-L/1979 L/W Sh.P.No.27-P/1979 L/W Sh.P.No.01-P/1979 L/W Sh.P.No.05-P/1980 L/W Sh.P.No.36-K/1979 L/W S.P.No.13-L/1980 L/W S.P.No.14-L/1980 L/W S.P.No.17-L/1980 L/W S.P.No.18-L/1980 L/W S.P.No.19-L/1980
4 L/W S.P.No.20-L/1980 L/W S.P.No.22-L/1980 L/W S.P.No.04-R/1980 L/W S.P.No.05-R/1980 L/W S.P.No.03-L/1980 L/W S.P.No.04-L/1980 L/W S.P.No.28-L/1979 L/W S.P.No.35-L/1979 L/W S.P.No.76-L/1979 L/W S.P.No.23-L/1980 L/W S.P.No.05-L/1980 L/W S.P.No.07-L/1980 L/W S.P.No.08-L/1980 L/W S.P.No.03-R/1980 S.P.No.03/L/1979 Malik Haji Muhammad Aslam etc Vs. Govt. of Punjab
4.
i. Acquisition of land (Housing Act 1973) ii. Section 2(f) Punjab Development of Cities Act of 1976 challenged being repugnant to injunctions of Islam.
The judgment in the aforesaid subject matter was passed in S.P.No.02-L/1979 vide Courts order dated 13.12.1980 vide PLD 1981 FSC Page 23.
5.
6.
S.P.No.04/Q/1979 Ghulam Kibriya Vs. The Federation of Pakistan S.P.No.04/L/1979 Malik Ghulam Jilani Vs. The Federation of Pakistan and others
Request for omission of section offence of zina EHO, Ord.1979. Section 302 PPC, section 345 (7) Cr.P.c r/w column 6 of the second schedule of the Cr.P.c against the
Dismissed on 14.4.1981.
Paragraph 25(1) of the regulation has already been repugnant PLD-1986 SC Page- 360. Sh.A.No.1,3,8, 9,10 of 1981 and 1 of 1987 are Allowed and Sh. A.No 4 of 1981 with reservation contained in Para 3 above of 1984 are partly Allow dated on 10-81989 PLD 1990 SC Page99. and The Rev.Petition has been dismissed being barred by time dated 14-12-1991 Appeal not filed
Disposed of as withdrawn. Order dated 28-4-1979.
Appeal not filed
5 entry of section 302 PPC being contrary to the injunctions of Islam. Section 25 of MLR115 challenged being repugnant to injunctions of Islam
7.
S.P.No.05/L/1979 Subedar Lal Khan Vs. Central Government of Pakistan
The judgment in the aforesaid subject matter was passed in S.P.No.02-L/1979 vide Courts order dated 13.12.1980 vide PLD 1981 FSC Page 23 order dated 13.12.1980
8.
S.P.No.06/L/1979 Sh. Ghulam Farooq Vs. Federation of Pakistan
Section 25(3)(d) of Martial Law Regulation 115 (regarding Punjab Pre emption Act, 1913, Land Reform Act, 1972) challenged being repugnant to injunctions of Islam
9.
S.P.No.07/L/1979 Muhammad Ali Vs. Govt. of Pakistan
Sections 5,7,8,9,14,15 and 16 of Punjab Pre emption Act, 1913 and Para 25(3)(d) MLR-115 challenged
The judgment in the aforesaid subject matter was passed in S.P.No.02-L/1979 vide Courts order dated 13.12.1980 vide PLD 1981 FSC Page 23 order dated
Paragraph 25(1) of the regulation has already been repugnant PLD-1986 SC Page- 360. Sh.A.No.1,3,8, 9,10 of 1981 and 1 of 1987 are Allowed and Sh. A.No 4 of 1981 with reservation contained in Para 3 above of 1984 are partly Allow dated on 10-81989 PLD 1990 SC Page99. and The Rev.Petition has been dismissed being barred by time dated 14-12-1991 Paragraph 25(1) of the regulation has already been repugnant PLD-1986 SC Page- 360. Sh.A.No.1,3,8, 9,10 of 1981 and 1 of 1987 are Allowed and Sh. A.No 4 of 1981 with reservation contained in Para 3 above of 1984 are partly Allow dated on 10-81989 PLD 1990 SC Page99. and The Rev.Petition has been dismissed being barred by time dated 14-12-1991 Paragraph 25(1) of the regulation has already been repugnant PLD-1986 SC
6 being repugnant to injunctions of Islam 13.12.1980 Page- 360. Sh.A.No.1,3,8, 9,10 of 1981 and 1 of 1987 are Allowed and Sh. A.No 4 of 1981 with reservation contained in Para 3 above of 1984 are partly Allow dated on 10-81989 PLD 1990 SC Page99. and The Rev.Petition has been dismissed being barred by time dated 14-12-1991 Paragraph 25(1) of the regulation has already been repugnant PLD-1986 SC Page- 360. Sh.A.No.1,3,8, 9,10 of 1981 and 1 of 1987 are Allowed and Sh. A.No 4 of 1981 with reservation contained in Para 3 above of 1984 are partly Allow dated on 10-81989 PLD 1990 SC Page99. and The Rev.Petition has been dismissed being barred by time dated 14-12-1991 Paragraph 25(1) of the regulation has already been repugnant PLD-1986 SC Page- 360. Sh.A.No.1,3,8, 9,10 of 1981 and 1 of 1987 are Allowed and Sh. A.No 4 of 1981 with reservation contained in
10.
S.P.No.08/L/1979 Muhammad Hussain Vs. Islamic Republic of Pakistan
Section 15 of the Punjab Pre emption Act, 1913 and Para 25(3)(d) LRR Act, 1972 challenged being repugnant to injunctions of Islam
11.
S.P.No.09/L/1979 Muhammad Bashir Vs. Islamic Republic of Pakistan
Section 15 of the Punjab Pre emption Act, 1913 and Land Reform Regulation Act, 1972 challenged being repugnant to injunctions of Islam
7 Para 3 above of 1984 are partly Allow dated on 10-81989 PLD 1990 SC Page99. and The Rev.Petition has been dismissed being barred by time dated 14-12-1991 12. S.P.No.10/L/1979 Khizir Hayat Vs. The Federation of Pakistan, the Province of Punjab Section 25 of MLR115 and sections 16 and 17 of Punjab Pre emption Act, 1913 challenged being repugnant to injunctions of Islam The judgment in the aforesaid subject matter was passed in S.P.No.02-L/1979 vide Courts order dated 13.12.1980 vide PLD 1981 FSC Page 23 order dated 13.12.1980 Paragraph 25(1) of the regulation has already been repugnant PLD-1986 SC Page- 360. Sh.A.No.1,3,8, 9,10 of 1981 and 1 of 1987 are Allowed and Sh. A.No 4 of 1981 with reservation contained in Para 3 above of 1984 are partly Allow dated on 10-81989 PLD 1990 SC Page99. and The Rev.Petition has been dismissed being barred by time dated 14-12-1991 Appeal not filed
13.
S.P.No.11/L/1979 Muhammad Vs. Fed: of Pakistan S.P.No.12/L/1979 Haji Rahim Bakhsh Vs. Govt. of Pakistan
Section 302 PPC; section 345(7) Cr.P.c. in the light of Injunction of Islam. 1.MLR-115 and Para 25 sub Para 3(d) and sub Para 5,6,7,8 and 9 of Land Reforms Regulation, 1972 ii. Section 15 and 16 of Punjab Pre emption Act, 1913 challenged being repugnant to injunctions of Islam
Dismissed in default. Order dated; 16-9-1979
14.
The judgment in the aforesaid subject matter was passed in S.P.No.02-L/1979 vide Courts order dated 13.12.1980 vide PLD 1981 FSC Page 23 order dated 13.12.1980,
Paragraph 25(1) of the regulation has already been repugnant PLD-1986 SC Page- 360. Sh.A.No.1,3,8, 9,10 of 1981 and 1 of 1987 are Allowed and Sh. A.No 4 of 1981 with reservation contained in Para 3 above of 1984 are partly Allow
8 dated on 10-81989 PLD 1990 SC Page99. and The Rev.Petition has been dismissed being barred by time dated 14-12-1991 The court has declared that Appeal Filed the judgment of the Shariat PLD 1989 SC Bench of the Peshawar High Page-633. Court 1-10-1979 in Gul Hassan Khan Vs Government of Pakistan reported as PLD 1980 Peshawar-1, declaring sections 54, 55 and 302 of the Pakistan penal code and sections 345 (7),401,402 and 402-B of code of Criminal Procedure with the relevant parts of the schedule repugnant to Injunctions of Islam has binding and holds the field (2) It is held by majority that section 302 PPC has also repugnant to Injunctions of Islam on the following additional ground:No exemption of death sentence has been provided for (a) an offender who is insane at the time of execution and (b) a Parent killing his/her son (3) Sections 304 and 304-A have repugnant because they do not also provide for composition and payment deeyat (4) Sections 324,325,326,329,331 and 333 have repugnant because they do not also provide for Qisas or payment of compensation (Deeyat, ursh or Daman). (5) Further more sections 326 and 329 have repugnant because they do not provide for payment of Deeyat (6) Sections 335, and 338 are repugnant because they do not also provide for payment of Deeyat. (7) other provisions relating in hurt in chapter XVI of PPC have repugnant as they do not provide for absolute compundability and payment of compensation (Deeyat) ursh or Daman In cases in which (Right of a man) is treated to be predominated, the provisions of section
15.
S.P.No.12/K/1979 Muhammad Shafi Muhammadi Vs. The Federation of Pakistan Linked with S.P.No.1/K/1979 Muhammad Shafi Muhammadi Vs. The Federation of Pakistan Linked with S.P.No.2/K/1979 L/W S.P.No.4/K/1980 L/W S.P.No.7/K/1980 L/W Ghazi and others Vs. The Federation of Pakistan Linked with S.P.No.20/K/1979 Imadullah Unar Vs. Federation of Pakistan and others
The death sentence U/S 302 PPC R/W Sec.109 and 111of PPC is un Islamic unless it is based on Al-Haq.
Linked with
S.P.No.13/L/1979
Linked with S.P.No.69/L/1979
9 401,402,402-A and 402-B C.R.P.C. have not apply these sections have repugnant to the Holy Quran and Sunnah of the Holy Prophet (Peace be upon Him) to this extant this decision have take effect from 1st April, 1981, dated 23-9-1980 PLD 1980 FSC Page-1. Dismissed on 18.4.1981 due Appeal has not to lake of jurisdiction filed.
16.
S.P.No.13/K/1979 Abdul Karim Ismail Vs. Pir Muhammad etc
17.
S.P.No.13/L/1979 Muhammad Riaz Vs. Federal Govt. another L/W S.P.No.69/L/1979 L/W S.P.No.09/L/1980 L/W S.P.No.01/K/1979 L/W S.P.No.O2/K/1979 L/W S.P.No.12/K/1979 L/W S.P.No.07/K/1980 L/W S.P.No.04/K/1980 L/W S.P.No.20/L/1979 Qisas and Diyat Ord.
Challenged Mamon Community Rules about marriage, Rules about divorce, Vicarious liability of member, Fine and punishment. 1.First six petitions is the repugnancy of section 302 PPC and section 345 and 381 Cr.P.c with the Holy Quran and Sunnah 2. S.P.No.12-K/1979 Section 109 and section 111 PPC being repugnant to the Sharia 3. S.P.No.13-K/1979 Sections 401, 402 (b), 544 (a) Cr.P.c and section 134 Evidence Act. 4. S.P.No.01K/1979, S.P.No.20K/1979 the provision of section 337, 338 and 339 Cr.P.c along with provisions of section 114 (b) and 133 Evidence Act 5. S.P.No.04-K/1980 Section 325, 326, 329,331,333,335,3 38 PPC i. Criminal Procedure Code Sub section 7 of section 354, section 381, section 430, section 401, to 402 (b), section 544 (a) ii. Pakistan Penal Code 1860 section 302 and 307 iii. Law of Evidence section 134 challenged being repugnant to injunctions of Islam
The court has declared that the judgment of the Shariat Bench of the Peshawar High Court 1-10-1979 in Gul Hassan Khan Vs Government of Pakistan reported as PLD 1980 Peshawar-1, declaring sections 54, 55 and 302 of the Pakistan penal code and sections 345 (7),401,402 and 402-B of code of Criminal Procedure with the relevant parts of the schedule repugnant to Injunctions of Islam has binding and holds the field (2) It is held by majority that section 302 PPC has also repugnant to Injunctions of Islam on the following additional ground:No exemption of death sentence has been provided for (a) an offender who is insane at the time of execution and (b) a Parent killing his/her son (3) Sections 304 and 304-A have repugnant because they do not also provide for composition and payment deeyat (4) Sections 324,325,326,329,331 and 333 have repugnant because they do not also provide for Qisas or payment of compensation (Deeyat, ursh or Daman). (5) Further more sections 326 and 329 have repugnant because they do not provide for payment of Deeyat (6) Sections 335, and 338 are repugnant because they do not also provide for payment of Deeyat. (7) other provisions relating in hurt in chapter XVI of PPC have repugnant
The Supreme Court has decided that the following sections of the PPC and CR.P.C. have against the Injunctions of Islam:(1) Section
299 to 338 of the PPC 1860. (2) Section 109 of the PPC 1860. (3) Section 54 of PPC and Section 401,402,4 02-A and 402-B of the code of Criminal Procedure. (4) Section 345 of the C.R.PC. Procedure 1898. (5) Section 381 of the CR.PC. (6) Declara tion in respect of section 133 of the Evidence Act, is called for as it already stands
10 as they do not provide for absolute compundability and payment of compensation (Deeyat) ursh or Daman In cases in which (Right of a man) is treated to be predominated, the provisions of section 401,402,402-A and 402-B C.R.P.C. have not apply these sections have repugnant to the Holy Quran and Sunnah of the Holy Prophet (Peace be upon Him) to this extant this decision have take effect from 1st April, 1981. dated 23-9-1980 PLD 1980 FSC Page-1.
repeated by the Qanoon-eShahadat Order 1984. (7) Section s 377 to 339-A of the CR.PC. Accordingl y it has held that this decision have effect from 23-31990 (dated 57-1989) in Shariat Review Petition 1R/1990 the Supreme Court of Pakistan has directed the Governme nt whereby the Provisions declared and held there in as repugnant to the injunctions of Islam which was take effect on 23rd March 1990 would now on the disposed of this review petition should take effect on 12th day of Rabi-ulAwwal 1411 A.H. dated 29-
11
8-1990. PLD 1989 SC Page633.

18. S.P.No.14/L/1979 M.Bakhsh Vs. Federation of Pakistan Land Reforms regulation 1972 paragraph 25 sub pre (3) clause (d) and section 30 of pre emption act.1913 (Article 10 of limitation Act, 1908 petitioner praying that the above section of laws are repugnant to injunctions of Islam). In view of the opinion of majority, the provisions of Martial Law Regulation1972, (MLR-115) and Land Reform Act, 1977, all these petitions have been dismissed vide Courts order dated 13.12.1980. Paragraph 25(1) of the regulation has already been repugnant PLD-1986 SC Page- 360. Sh.A.No.1,3,8, 9,10 of 1981 and 1 of 1987 are Allowed and Sh. A.No 4 of 1981 with reservation contained in Para 3 above of 1984 are partly Allow dated on 10-81989 PLD 1990 SC Page99. and The Rev.Petition has been dismissed being barred by time dated 14-12-1991 Paragraph 25(1) of the regulation has already been repugnant PLD-1986 SC Page- 360. Sh.A.No.1,3,8, 9,10 of 1981 and 1 of 1987 are Allowed and Sh. A.No 4 of 1981 with reservation contained in Para 3 above of 1984 are partly Allow dated on 10-81989 PLD 1990 SC Page99. and The Rev.Petition has been dismissed being barred by time dated 14-12-1991 Paragraph 25(1) of the regulation has already been repugnant PLD-1986 SC
19.
S.P.No.15/L/1979 M. Akram Vs. Government of Pakistan and others
Land Reforms regulation 1972 Punjab pre-emption Act, 1913 challenged being repugnant to injunctions of Islam.
In view of the opinion of majority, the provisions of Martial Law Regulation1972, (MLR-115) and Land Reform Act, 1977, all these petitions have been dismissed vide Courts order dated 13.12.1980.
20.
S.P.No.16/L/1979 Haji Sadiq Beig and another Vs. Province of Punjab etc
U/s 15 of Punjab Pre emption Act, 1913 challenged being repugnant to injunctions of Islam.
In view of the opinion of majority, the provisions of Martial Law Regulation1972, (MLR-115) and Land Reform Act, 1977, all these petitions have been dismissed vide
12 Courts order 13.12.1980. dated Page- 360. Sh.A.No.1,3,8, 9,10 of 1981 and 1 of 1987 are Allowed and Sh. A.No 4 of 1981 with reservation contained in Para 3 above of 1984 are partly Allow dated on 10-81989 PLD 1990 SC Page99. and The Rev.Petition has been dismissed being barred by time dated 14-12-1991 Dismissed on 13.12.1980 Appeal has not filed.
21.
22.
23.
24.
25.
345 Cr.P.c which in terms does not include section 302 PPC as amongst the compoundable offence and subsection (7) challenged being repugnant to injunctions of Islam. S.P.No.18/K/1979 Challenged Syed Masood Ahmad Presidential Order Vs. NO.3 of 1979 dated President of 10.2.1979. Pakistan L/W S.P.No.1/L/1979 S.P.No.19/L/1979 Petitioner praying Ch: Abdul Salam that Section 4 of Vs. Muslim Family Laws The Federal Govt of 1961 be declare Pakistan & Province repugnant to of Punjab injunctions of Islam.
S.P.No.16/K/1979 G.M. Salim and another Vs. Federation of Pakistan S.P.No.17/L/1979 Shah Muhammad Vs. The Federation of Pakistan & the Government of Punjab L/W S.P.No.10/L/1980 L/W S.P.No.19/L/1979 L/W S.P.No.11/L/1980 L/W S.P.No.12/L/1980 S.P.No.18/L/1979 Mst. Zuhra Bibi Vs. Government of Punjab
Representation of People Act, 1979 (Act No. LXXXV of 1976) is repugnant to the Injunctions of Islam. Petitioner prayed that Section 4 of Muslim Family Laws Ord. VIII of 1961 and the effect of order pass Para 46 of west Pakistan rehabilitation settlement Scheme may kindly be declared being repugnant to injunctions of Islam.
Dismissed on 17.02.1981. Appeal not However, this matter was filed not within the jurisdiction of this Court as mentioned in Courts order dated 17.2.1981, passed in S.P.No.10-L/1980.
Vide Court order dated Appeal not 28.4.1979. The matter has filed been disposed of as withdrawn.
Dismissed on 13.12.1980 (Original Judgment S.P.No.1-L-1979)
Appeal has not in filed.
13 26. S.P.No.19/K/1979 Syed Masood Ahmad Vs. President of Pakistan S.P.No.20/L/1979 Muhammad Sharif Vs. The Federal Government of Pakistan Challenged Presidential Order NO.3 of 1979 dated 10.2.1979. Petitioner prayed that the provision of Section 302 PPC providing Sentence of death awarded to the petitioners is contrary to the repugnant to injunctions of Islam. Petitioner praying that the Land Reform Regulation, 1972 Para 25, Sub Para 3(D) and Sub Para (5), (6), (7), (8) & (9) provision that a tenant at will has the prior west right of pre emption being repugnant to injunction of Islam. Petitioner prayed that for declaration a marriage solemnized without the permission and consent of Wahi, against the Sunnah of the Holy prophet (PBUH), and the provisions of Section 251 of Muhammadan Law, be omitted from the said Act, being repugnant to injunctions of Islam. MLR-115, Para 25 3(d) and section 6 of the Act (regarding Punjab Pre emption Act, 1913, Land Reform Act, 1972) prayed that the above section may kindly be declared to be in contravention of Islamic Injunctions and Ultra-vires of Islamic Tenets being repugnant to injunctions of Islam. Dismissed on 13.12.1980 Appeal has not filed.
27.
Vide order dated 28.4.1979. Appeal not The case was disposed of as filed withdrawn.
28.
S.P.No.21/L/1979 Asghar Ali Moona Vs. Government of Pakistan and another
Vide order dated 28.4.1979. Appeal not The case was disposed of as filed withdrawn.
29.
S.P.No.22/L/1979 Muhammad Shariaf Vs. The State
Dismissed in default vide Appeal not Courts order dated filed 16.9.1979.
30.
S.P.No.23/L/1979 Ali Muhammad etc Vs. The State
Paragraph 25(1) of the regulation has already been repugnant PLD-1986 SC Page- 360. Sh.A.No.1,3,8, 9,10 of 1981 and 1 of 1987 are Allowed and Sh. A.No 4 of 1981 with reservation contained in Para 3 above of 1984 are partly Allow dated on 10-81989 PLD 1990 SC Page99. and The Rev.Petition has been dismissed
14 being barred by time dated 14-12-1991 31. S.P. No.24/L/1979 Jahan Khan and others Vs. Nazir and others MLR-115, Para 25 3(d) (regarding Punjab Pre emption Act, 1913, Land Reform Act, 1972) prayed that it may kindly be declared that the tenants have no right of pre emption being repugnant to injunctions of Islam. The judgment in the aforesaid subject matter was passed in S.P.No.02-L/1979 vide Courts order dated 13.12.1980 vide PLD 1981 FSC Page 23. Paragraph 25(1) of the regulation has already been repugnant PLD-1986 SC Page- 360. Sh.A.No.1,3,8, 9,10 of 1981 and 1 of 1987 are Allowed and Sh. A.No 4 of 1981 with reservation contained in Para 3 above of 1984 are partly Allow dated on 10-81989 PLD 1990 SC Page99. and The Rev.Petition has been dismissed being barred by time dated 14-12-1991
32.
S.P.No.24/K/1979 Essa E.H. Jaffar Vs. Secretary of Pakistan and another
Challenged the vires of Section 34 of Code of Civil Procedure and section 10 of the Pakistan Refugee Rehabilitation Finance Corporation Ordinance, 1960.
33.
S.P. No.25/L/1979 Qazlibash Vs. Chief Land Commissioner Punjab Lahore
MLR 115 Waqf Property challenged being repugnant to injunctions of Islam.
Dismissed on 13.6.1982, on Appeal has not the ground that the Pakistan filed. Refugee Rehabilitation Finance Corporation Ordinance 1960 sets up a Corporation of the same by finances provided by the Government for lending money to small businessman in order to improve their financial position. This is an Ordinance which deals with Government finances. Even if the expression fiscal law was used in the narrow meaning as urged by the counsel for the petitioner, the Ordinance would fall within its ambit also. The judgment in the Paragraph aforesaid subject matter was 25(1) of the passed in S.P.No.02-L/1979 regulation has vide Courts order dated already been 13.12.1980 vide PLD 1981 repugnant FSC Page 23. PLD-1986 SC Page- 360. Sh.A.No.1,3,8, 9,10 of 1981 and 1 of 1987 are Allowed and Sh. A.No 4 of 1981 with reservation contained in
15 Para 3 above of 1984 are partly Allow dated on 10-81989 PLD 1990 SC Page99. and The Rev.Petition has been dismissed being barred by time dated 14-12-1991 34. S.P. No.26/L/1979 Nisar Ahmed Vs. Islamic Republic & another Punjab Pre emption Act, 1913 (Act 1 of 1913) and paragraph 25(d) of Law Reform Regulation 1972, Law of Limitation Act, 1908, petitioner prayed that the case may kindly be examined and it be declared that the said prices of legislation are against the repugnant to injunctions of Islam. This appeal has been dismissed in default vide order dated 16.9.1979. However, the judgment in the aforesaid subject matter was passed in S.P.No.02L/1979 vide Courts order dated 13.12.1980 vide PLD 1981 FSC Page 23. Paragraph 25(1) of the regulation has already been repugnant PLD-1986 SC Page- 360. Sh.A.No.1,3,8, 9,10 of 1981 and 1 of 1987 are Allowed and Sh. A.No 4 of 1981 with reservation contained in Para 3 above of 1984 are partly Allow dated on 10-81989 PLD 1990 SC Page99. and The Rev.Petition has been dismissed being barred by time dated 14-12-1991 Paragraph 25(1) of the regulation has already been repugnant PLD-1986 SC Page- 360. Sh.A.No.1,3,8, 9,10 of 1981 and 1 of 1987 are Allowed and Sh. A.No 4 of 1981 with reservation contained in Para 3 above of 1984 are partly Allow dated on 10-81989 PLD 1990 SC Page99. and The
35.
S.P.No.27/L/1979 Muhammad Ibrahim Vs. Barkhurdar etc.
Section 3, 4, 14, 15, 19 & 20 of Punjab Pre emption Act, 1913, challenged being repugnant to injunctions of Islam.
16 Rev.Petition has been dismissed being barred by time dated 14-12-1991 36. S.P No.27/P/1979 Pir Qutub Shah Vs. The State Provisions of NWFP Pre emption Act, 1950 challenged being repugnant to injunctions of Islam. Final order is not available in the file, however, the judgment on the same subject matter was passed in S.P.No.02-L/1979 vide Courts order dated 13.12.1980 vide PLD 1981 FSC Page 23 Paragraph 25(1) of the regulation has already been repugnant PLD-1986 SC Page- 360. Sh.A.No.1,3,8, 9,10 of 1981 and 1 of 1987 are Allowed and Sh. A.No 4 of 1981 with reservation contained in Para 3 above of 1984 are partly Allow dated on 10-81989 PLD 1990 SC Page99. and The Rev.Petition has been dismissed being barred by time dated 14-12-1991 Paragraph 25(1) of the regulation has already been repugnant PLD-1986 SC Page- 360. Sh.A.No.1,3,8, 9,10 of 1981 and 1 of 1987 are Allowed and Sh. A.No 4 of 1981 with reservation contained in Para 3 above of 1984 are partly Allow dated on 10-81989 PLD 1990 SC Page99. and The Rev.Petition has been dismissed being barred by time dated 14-12-1991 Appeal not filed
37.
S.P.No.28/L/1979 Malik Haji Muhammad Aslam etc Vs. Federation of Pakistan
MLR 115, Punjab Acquisition of Land (Housing) Act, 1975, Punjab Development of Cities Act, 1976.
38.
S.P No.28/P/1979 Raqeem Khan Vs.
Section 2(IIA) of the Dissolution of Muslim Marriage
Dismissed on 7.3.1981 being incompetent in view of the judgment of Supreme Court
17 Govt. of Pakistan Act, 1939 granting a wife the right to obtain divorce challenged being repugnant to injunctions of Islam. Challenged validity of the Political Parties Act, 1962. of Pakistan in Shariat Appeal No.2-P/1980
39.
S.P.No.28/K/1979 Habibur Rehman Kandhalvi Vs. Government of Pakistan Linked with S.P.No.66/L/1979 Raja Mohammad Afsar Vs. Federal Govt. of Pakistan S.P.No.29/L/1979 Sher Zaman etc Vs. Islamic Republic of Pakistan
Dismissed on 13.12.1980 for Appeal has not want of jurisdiction filed.
Challenged Political Parties (Amendment) Ordinance, 1979 (42 of 1979). Section 4 of the Muslim Family Laws Ordinance 1961 petitioner prayed that the above section of Muslim Family laws are declare as being repugnant to injunctions of Islam. MLR 115 (regarding Punjab Pre emption Act, 1913, Land Reform Act, 1972) prayed that Section 15(b) of Punjab Pre emption Act, being repugnant to injunctions of Islam.
Dismissed on 13.12.1980 for want of jurisdiction
40.
41.
S.P.No.30/L/1979 Dilawar Khan etc Vs. Federation of Pakistan etc.
42.
S.P.No. 31/L/1979 Mr. Arshad and another Vs. Federation of Pakistan
Section 15 of Punjab Pre emption Act, 1913 petitioner prayed that legal provision impugned herein may graciously be declared to be
Paragraph 25(1) of the regulation has already been repugnant PLD-1986 SC Page- 360. Sh.A.No.1,3,8, 9,10 of 1981 and 1 of 1987 are Allowed and Sh. A.No 4 of 1981 with reservation contained in Para 3 above of 1984 are partly Allow dated on 10-81989 PLD 1990 SC Page99. and The Rev.Petition has been dismissed being barred by time dated 14-12-1991 Paragraph 25(1) of the regulation has already been repugnant PLD-1986 SC Page- 360. Sh.A.No.1,3,8,
18 against repugnant to injunctions of Islam. 9,10 of 1981 and 1 of 1987 are Allowed and Sh. A.No 4 of 1981 with reservation contained in Para 3 above of 1984 are partly Allow dated on 10-81989 PLD 1990 SC Page99. and The Rev.Petition has been dismissed being barred by time dated 14-12-1991 Dismissed as withdrawn vide Appeal not Courts order dated filed 15.9.1979.
43.
Sh.P.No.32/L/1979 Abdul Hameed Dogar etc. Vs. Federation of Pakistan etc.
44.
Sh.P No.32/P/1979 Aurangzeb Vs. Federation of Pakistan Sh.P.No.33/L/1979 Atta Mohiuddin Vs. Province of Punjab and another
45.
House Building Finance Corporation Act petitioner prayed that the Honble Court may be pleased to grant a declaration that realization of interest by the HBFC against simple loans granted for construction is opposed to principle of Islam and the relevant provision in the statute, namely HBFC corporation Act ant the rules framed there under may please be declared void and struck down. Section 6 of Muslim Family Law Ord. 1961 regarding second marriage challenged being repugnant to injunctions of Islam. Sections 5, 7,9,12 to 15, 17, to 24, 28, 28-A and 30 of the Punjab Pre-emption Act 1913 and adopted by province of Punjab, are repugnant to Holy Quran and Sunnah and they have therefore no legal effect.
Dismissed on 17.2.1981 Appeal not having no jurisdiction. filed
Paragraph 25(1) of the regulation has already been repugnant PLD-1986 SC Page- 360. Sh.A.No.1,3,8, 9,10 of 1981 and 1 of 1987 are Allowed and Sh. A.No 4 of 1981 with reservation contained in Para 3 above of 1984 are
19 partly Allow dated on 10-81989 PLD 1990 SC Page99. and The Rev.Petition has been dismissed being barred by time dated 14-12-1991 Appeal has not filed.
46.
47.
Sh.P.No.33/K/1979 Habibur Rehman Siddiqui Kandhelvee and another Vs. Government of Pakistan etc Sh.P.No.34/L/1979 Muhammad Nawaz Abbasi Vs. Federation of Pakistan
48.
Sh.P.No.35/L/1979 Syed Bakhtiar Abbas Vs. The Govt. of Punjab
Challenged the word Jumhuriat and the word Islamic Republic of Pakistan as repugnant to the Injunctions of Islam. Sections 5, 13 & 33 of MLR (regarding Punjab Pre emption Act, 1913, Land Reform Act, 1972) petitioner prayed that the Honble Court may please to examined the above Section MLR in the light the teaching of Islam based on the Holy Quran and Sunnah and declared to be invalid and repugnant so far as they deal with the Punishment of political worker and raising slogans motioned in the preceding paragraphs. Punjab Acquisition of Land (Housing) Act, 1973 r/w section 25 of the Punjab Development Cities Act, 1976 petitioner seeks declaration to the effect that the above mentioned provisions of the above Act are being repugnant to injunctions of Islam.
Dismissed on 4.10.1980
Dismissed for non- Appeal not prosecution vide Courts filed order dated 16.02.1982
Paragraph 25(1) of the regulation has already been repugnant PLD-1986 SC Page- 360. Sh.A.No.1,3,8, 9,10 of 1981 and 1 of 1987 are Allowed and Sh. A.No 4 of 1981 with reservation contained in Para 3 above of 1984 are partly Allow dated on 10-81989 PLD 1990 SC Page99. and The Rev.Petition has been
20 dismissed being barred by time dated 14-12-1991 MLR. 115 (regarding The judgment in the Appeal not Punjab Pre emption aforesaid subject matter was filed Act, 1913, Land passed in S.P.No.02-L/1979 Reform Act, 1972) vide Courts order dated petitioner prayed 13.12.1980 vide PLD 1981 that the legal FSC Page 23. prevision impugned herein may graciously be declared to be repugnant to injunctions of Islam. Challenged the See Judgment in S.P.No.2-L- Paragraph provision of MLR 1979 as this court has 25(1) of the 115 (Land Reforms already held in Hafiz regulation has Regulation). Muhammad Amin vs. The already been Islamic Republic of Pakistan repugnant (PLD 1981 FSC 23) that this PLD-1986 SC matter is not within the Page- 360. jurisdiction of this court. Sh.A.No.1,3,8, 9,10 of 1981 and 1 of 1987 are Allowed and Sh. A.No 4 of 1981 with reservation contained in Para 3 above of 1984 are partly Allow dated on 10-81989 PLD 1990 SC Page99. and The Rev.Petition has been dismissed being barred by time dated 14-12-1991 Section 302, 307, 452, 148, 149 PPC and section 345 Cr.P.c challenged being repugnant to injunctions of Islam. Para 25(3) (d) of MLR-115, section 30 of Punjab Pre emption Act, 1913 and Article 10 of Limitation Act, 1908 petitioner prayed that the above section of Law being repugnant to injunctions of Islam. Challenged the varies Martial Law Regulations 84, 89 and 91issued during the Martial Law Dismissed in default vide Appeal not Courts order dated filed 16.9.1979.
49.
Sh.P.No.36/L/1979 Khushi Muhammad Vs. Federation of Pakistan
50.
Sh.P.No.36/K/1979 Syed Qammurul Hasnain and others Vs. Fed. Govt. of Pakistan .
51.
Sh.P.No.37/L/1979 Amir Sultan Shah etc. Vs. Government of Pakistan etc. Sh.P.No.38/L/1979 Kalu Vs. Government of Pakistan
52.
The judgment in the Appeal not aforesaid subject matter was filed passed in S.P.No.02-L/1979 vide Courts order dated 13.12.1980 vide PLD 1981 FSC Page 23.
53.
Sh.P.No.38/K/1979 Hakim Syed Muhammad Warsi Vs. Government of
Appeal has not filed.
21 Pakistan regime of Field Martial Ayub Khan in regard to the scrutiny of claims of displaced persons migrating from areas other than prescribed areas in India. Section, 5,7,8,9,14,15 and 16 of the Punjab Pre-emption Act,1913 and Paragraphs 25(3) (d)of the Martial Law Regulation 15 of 1972 petitioner prayed that the above sections may kindly declared to be Anti-Islamic and the Respondent No.2 may kindly be directed to make necessary amendment. For striking down and declaring the West Pakistan Animals Slaughter Control Act, 1963 to be null & void on account of the same Absolutely unIslamic and against all Quranic Injunctions. MLR-115, paragraph 25 (d) of Punjab Pre emption Act, 1913, Land Reform Regulation 1972, Article 10 and 120 of Limitation Act, 1908 the petitioner Prayed that the above Section may kindly declared being repugnant to injunctions of Islam. Section 3 & 4 of Political Parties Act, 1962, section 10 & 11 of House of Parliament and Provincial Assemblies (Election) Order, 1977, sections 2, 12, 14, 78 & 99 of Representation of Peoples Act, 1976 challenged being repugnant to injunctions of Islam. Section 302 PPC petitioner prayed
54.
Sh.P.No.39/L/1979 Muhammad Zakaullah Khan Vs. Government of Pakistan
55.
Sh.P.No.39/K/1979 Meat Merchants Welfare Association (Regd) Karachi Vs. The Govt. of Sindh through the Secy. Ministry of Law and Parliamentary Affairs Karachi Sh.P.No.40/L/1979 Syed Ghulam Mustafa Shah Vs. Government of Pakistan
Dismissed on 10.8.1980 as Appeal has not there is no substance in the filed. petition.PLD 1983 FSC Page 25
56.
57.
Sh.P.No.41/L/1979 B.Z. Kaikaus Vs Federal Government of Pakistan
The petition has been Appeal filed dismissed vide Courts order dated 13.12.1980 with PLD 1982 SC observation that the existing page 409 election laws do not need any amendment of the kind recommended in the leading judgment.PLD 1981 FSC Page 1
58.
Sh.P.No.42/L/1979 Ali Muhammad
The petition was dismissed Appeal not in default vide Courts order filed
22 Vs. Government of Pakistan that the provision of PPC pertaining to culpable homicide amounting to murder coupled with II schedule attached to Criminal Procedure Code, wherein Section 302 PPC has bee shown as noncompoundable may be examined and declared being repugnant to injunctions of Islam. MLR-115, Sections 30 of Punjab Pre emption Act, 1913 and section 10 of the Limitation Act petitioner prayed that it may graciously be declared that above section of Laws being repugnant to injunctions of Islam. MLR-115, Land Reform Act II of 1977 and rules framed there under challenged being repugnant to injunctions of Islam dated 16.9.1979
59.
Sh.P.No.43/L/1979 Muhammad Latif etc. Vs. Government of Pakistan etc.
60.
Sh.P.No.44/L/1979 Mst. Bushra Bibi Vs. Deputy Land Commissioner Rahimyar Khan & 2 others
Paragraph 25(1) of the regulation has already been repugnant PLD-1986 SC Page- 360. Sh.A.No.1,3,8, 9,10 of 1981 and 1 of 1987 are Allowed and Sh. A.No 4 of 1981 with reservation contained in Para 3 above of 1984 are partly Allow dated on 10-81989 PLD 1990 SC Page99. and The Rev.Petition has been dismissed being barred by time dated 14-12-1991
61.
Sh.P.No.45/L/1979 Malik Ghulam Haidar Vs. Govt of Pakistan
62.
Sh.P.No.46/L/1979 Muhammad Yousaf
Para 25 (3)(d) MLR 115 (regarding Punjab Pre emption Act, 1913, Land Reform Act, 1972) challenged being repugnant to injunctions of Islam Para 25 (3)(d) MLR 115, Punjab Pre
The judgment in the Appeal not aforesaid subject matter was filed passed in S.P.No.02-L/1979 vide Courts order dated 13.12.1980 vide PLD 1981 FSC Page 23. The judgment in the Appeal not aforesaid subject matter was filed
23 Vs. Government of Pakistan 63. Sh.P.No.47/L/1979 Mushtaq Ahmad Khan Vs. Government of Punjab etc. emption Act, 1913 challenged being repugnant to injunctions of Islam Para 25 (d)(d)MLR115, section 15 of Punjab Pre emption Act, 1913, Article 268 of Constitution of Islamic Republic of Pakistan r/w Schedule VI, item No.13 thereof challenged being repugnant to injunctions of Islam MLR-115, Punjab Pre emption Act, 1913 and Para 25 (d) of Land Reform Regulation, 1972 and Article 10 and 120 of Limitation Act 1908 challenged being repugnant to injunctions of Islam. MLR-115, Para 25 (3) (d) of Land Reform Regulation, 1972 challenged being repugnant to injunctions of Islam. Whole schedule of legal and administrative system being repugnant to injunctions of Islam passed in S.P.No.02-L/1979 vide Courts order dated 13.12.1980 vide PLD 1981 FSC Page 23. The judgment in the Appeal not aforesaid subject matter was filed passed in S.P.No.02-L/1979 vide Courts order dated 13.12.1980 vide PLD 1981 FSC Page 23.
64.
Sh.P.No.48/L/1979 Muhammad Iqbal Vs. Federation of Pakistan etc.
65.
Sh.P.No.49/L/1979 Ghulam Qadir Vs. Government of Pakistan etc. Sh.P.No.50/L/1979 Abdul Majeed Qureshi Vs. Zulfiqar Ali Bhutto etc.
66.
67.
Sh.P.No.51/L/1979 Pehalwan Khan Vs. Government of Punjab and 2 others Sh.P.No.52/L/1979 Salahuddin Vs. Federal Government of Pakistan etc.
68.
69.
Sh.P.No.53/L/1979 Muhammad Ishfaq Vs. Government of Pakistan etc.
(MLR-115), section 15 of Punjab Pre emption Act, 1913 challenged being repugnant to injunctions of Islam. Section 2(a), 2(b) and 3(a) Section 5 section 6(2) and Section 17 of Ordinance VII offence of Zina of 1979 be declared being repugnant to injunctions of Islam. Section 15 of the Punjab Pre-emption Act (Act 1 of 1913) and Para 25(d) of the Land Reform Regulation, 1972 challenged being repugnant to injunctions of Islam
The judgment in the aforesaid subject matter was passed in S.P.No.02-L/1979 vide Courts order dated 13.12.1980 vide PLD 1981 FSC Page 23. This petition was dismissed in limine with observation that no particular law or provision of law has been assailed on the ground of repugnancy to Islam, wherefore, this petition is not covered by the provision of Article 302(b) of the Constitution vide Courts order dated 16.9.1979. The judgment in the aforesaid subject matter was passed in S.P.No.02-L/1979 vide Courts order dated 13.12.1980 vide PLD 1981 FSC Page 23. This petition has been disposed of as withdrawn vide Courts order 16.9.1979
Appeal not filed
Appeal not filed
Appeal not filed
Appeal not filed
This petition was dismissed Appeal not in default vide Courts order filed dated 16.9.1979. However, the judgment in the aforesaid subject matter was passed in S.P.No.02-L/1979 vide Courts order dated 13.12.1980 vide PLD 1981 FSC Page 23
24 70. Sh.P.No.54/L/1979 Syed Ali Akbar Vs. The State (MLR 115), Sub clause vii of section 2 of Land Reform Act, 1977 challenged being repugnant to injunctions of Islam The judgment in the aforesaid subject matter was passed in S.P.No.02-L/1979 vide Courts order dated 13.12.1980 vide PLD 1981 FSC Page 23. Paragraph 25(1) of the regulation has already been repugnant PLD-1986 SC Page- 360. Sh.A.No.1,3,8, 9,10 of 1981 and 1 of 1987 are Allowed and Sh. A.No 4 of 1981 with reservation contained in Para 3 above of 1984 are partly Allow dated on 10-81989 PLD 1990 SC Page99. and The Rev.Petition has been dismissed being barred by time dated 14-12-1991 Paragraph 25(1) of the regulation has already been repugnant PLD-1986 SC Page- 360. Sh.A.No.1,3,8, 9,10 of 1981 and 1 of 1987 are Allowed and Sh. A.No 4 of 1981 with reservation contained in Para 3 above of 1984 are partly Allow dated on 10-81989 PLD 1990 SC Page99. and The Rev.Petition has been dismissed being barred by time dated 14-12-1991 Paragraph 25(1) of the regulation has already been repugnant PLD-1986 SC Page- 360. Sh.A.No.1,3,8,
71.
Sh.P.No.55/L/1979 Muhammad Uzair Shah Vs. Land Commissioner Rahimyar Khan etc.
MLR 115, Sub clause vii of section 2 of Land Reform Act, 1977 challenged being repugnant to injunctions of Islam
72.
Sh.P.No.56/L/1979 Tehseen Ahmed Shah Vs. Land Commissioner etc.
MLR 115, Sub clause vii of section 2 of Land Reform Act, 1977 challenged being repugnant to injunctions of Islam.
25 9,10 of 1981 and 1 of 1987 are Allowed and Sh. A.No 4 of 1981 with reservation contained in Para 3 above of 1984 are partly Allow dated on 10-81989 PLD 1990 SC Page99. and The Rev.Petition has been dismissed being barred by time dated 14-12-1991 Paragraph 25(1) of the regulation has already been repugnant PLD-1986 SC Page- 360. Sh.A.No.1,3,8, 9,10 of 1981 and 1 of 1987 are Allowed and Sh. A.No 4 of 1981 with reservation contained in Para 3 above of 1984 are partly Allow dated on 10-81989 PLD 1990 SC Page99. and The Rev.Petition has been dismissed being barred by time dated 14-12-1991 Paragraph 25(1) of the regulation has already been repugnant PLD-1986 SC Page- 360. Sh.A.No.1,3,8, 9,10 of 1981 and 1 of 1987 are Allowed and Sh. A.No 4 of 1981 with reservation contained in Para 3 above of 1984 are
73.
Sh.P.No.57/L/1979 Muhammad Awais Shah Vs Dy Land Commissioner Rahimyar Khan etc
MLR 115, Sub clause vii of section 2 of Land Reform Act, 1977 challenged being repugnant to injunctions of Islam.
74.
Sh.P.No.58/L/1979 Amina Bibi Vs land Commissioner
MLR 115, Sub clause vii of section 2 of Land Reform Act, 1977 challenged being repugnant to injunctions of Islam
26 partly Allow dated on 10-81989 PLD 1990 SC Page99. and The Rev.Petition has been dismissed being barred by time dated 14-12-1991 Appeal filed in the Honble Supreme Court of Pakistan And has been dismissed as withdrawn on 9.4.1983
75.
Sh.P.No.59/L/1979 Hazoor Bukhsh Vs. Fed: of Pakistan etc. L/W Sh.P.No.62/L/1979 M.I. Choudhary etc Vs. Islamic Republic of Pakistan etc.
Section 2(a) 2(b) 2(d) 2(e) 5, 6, (2) 8 and 17 of the Ordinance, VII of 1979, punishment of Rajam challenged being repugnant to injunctions of Islam.
76.
77.
Sh.P.No.60/L/1979 Dr. Muhammad Azam Vs. Federation of Pakistan etc. Sh.P.No.61/L/1979 Muhammad Younas Vs. Province of Punjab Sh.P.No.62/L/1979 M.I. Choudhary Vs. Govt of Pakistan Linked With Sh.P.No.59/L/1979 Hazoor Bukhsh Vs. Fed: of Pakistan etc.
78.
The Prohibition (Enforcement of Hadd) Order, 1979 challenged being repugnant to injunctions of Islam. (MLR 115), Para 25 (3)(d) of Land Reforms Regulation, 1972 challenged being repugnant to injunctions of Islam. Section 2(a) 2(b) 2(d) 2(e) 5,6,(2) 8 and 17 of the Ord. VII of 1979, punishment of Rajam challenged being repugnant to injunctions of Islam
By a majority of four to one, both the petitions are allowed, and it is declared that the provisions of sentence of Rajam as Hadd in section 5 and 6 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979 are repugnant to injunctions of Islam and that the only Hadd is one hundred stripes. Honble Court has also directed that necessary amendments be made in the sections noted above. Judgment dated 21-3-1981. PLD-1981 FSC Page-145. Dismissed on 16/9/1979 Appeal not filed
79.
Sh.P.No.63/L/1979 Bashir Ahmed Vs. Fed: of Pakistan
The judgment in the aforesaid subject matter was passed in S.P.No.02-L/1979 vide Courts order dated 13.12.1980 vide PLD 1981 FSC Page 23. By a majority of four to one, both the petitions are allowed, and it is declared that the provisions of sentence of Rajam as Hadd in section 5 and 6 of the Offence of Zina (Enforcement of Hudood) Ord., 1979 are repugnant to injunctions of Islam and that the only Hadd is one hundred stripes. Honble Court has also directed that necessary amendments be made in the sections noted above 21.3.1981 PLD-1981 FSC Page-145 (MLR 115), Para 25 The judgment in the (3)(d) of Land aforesaid subject matter was Reforms Regulation, passed in S.P.No.02-L/1979 1972 and section 30 vide Courts order dated of Punjab Pre 13.12.1980 vide PLD 1981 emption Act1913, FSC Page 23. Article 10 of Limitation Act, 1908 challenged being
Appeal not filed
Appeal filed in the Honble Supreme Court of Pakistan. And has been dismissed as withdrawn on 9.4.1983
Appeal not filed
27 repugnant to injunctions of Islam. Sub-sections (a) & (b) of section 15 of Punjab Pre emption Act, 1913 challenged being repugnant to injunctions of Islam. Section 15 of the Punjab Pre emption Act, 1913 & Para 25(d) of the Land Reforms Regulation 1972 & Article 10 & 120 of Limitation Act, 1908 challenged being repugnant to injunctions of Islam. Political Parties Act, 1962, Political Parties (Amendment) Ord., 1979 challenged being repugnant to injunctions of Islam.
80.
Sh.P.No.64/L/1979 Elahi Bakhsh Vs. Province of Punjab
The judgment in the Appeal not aforesaid subject matter was filed passed in S.P.No.02-L/1979 vide Courts order dated 13.12.1980 vide PLD 1981 FSC Page 23. The judgment in the Appeal not aforesaid subject matter was filed passed in S.P.No.02-L/1979 vide Courts order dated 13.12.1980 vide PLD 1981 FSC Page 23.
81.
Sh.P.No.65/L/1979 Muhammad Ashraf Vs. Islamic Republic of Pakistan etc.
82.
Sh.P.No.66/L/1979 Raja Muhammad Afsar Vs. Federation of Pakistan Linked With Sh.P.No.28/K/1979 Habib-ur-Rehman Khandhalvi Vs. Govt. of Pakistan Sh.P.No.67/L/1979 Mst. Zainab Bibi Vs. Chairman Miani Sahib Graveyard etc. Sh.P.No.68/L/1979 Muhammad Hayat Vs. Chairman Miani Sahib Graveyard Committee etc. Sh.P.No.69/L/1979 Javed and other Vs. The Federal Government and Linked with Sh.P.No.9/L/1980 Linked with Sh.P.No.13/L/1979 Sh.P.No.70/L/1979 Muhammad Ishaque Vs. Federation of Pakistan
The detailed judgment was Appeal not passed in S.P.No.41-L/1979. filed The Honble Court dismissed both these Shariat Petitions with observation that this Court has no jurisdiction to interfere with the Political Parties Act. Dated 13-121980
83.
84.
85.
MLO No.131 of 1962 (personal grievance) challenged being repugnant to injunctions of Islam. MLO No.131 of 1962 (personal grievance) challenged being repugnant to injunctions of Islam. Qisas and Deeyat.
Dismissed for non- Appeal not prosecution vide order dated filed 16.2.1980
Dismissed for non- Appeal not prosecution vide order dated filed 16.2.1980
Allowed on 23.9.1980, the Filed in the S.C provisions of sections 401, 402, 402-A and 402-B Cr.P.c PLD 1989 SC shall not apply. These page 633 sections are repugnant to the Holy Quran and Sunnah of the Holy Prophet to this extent.PLD 1980 FSC Page 1 Dismissed for non- Appeal not prosecution vide order dated filed 16.2.1980
86.
87.
Sh.P.No.71/L/1979 Mian Zahoor Ahmed Vs. Central Government of Pakistan
Section 6 of Presidential Order XII of 1979 (regarding drinking of liquor) challenged being repugnant to injunctions of Islam. Section 6 of Order XXII of 1979 as being repugnant to the injunctions of Islam.
This appeal was dismissed Appeal not as incompetent. Dated 18-3- filed 1980
28 88. Sh.P.No.72/L/1979 Salim Akhtar Khan Vs. Province of Punjab another Sh.P.No.73/L/1979 Nazeer Ahmed Vs. Government of Pakistan etc. Section 15 of the Pre emption Act, 1913 challenged being repugnant to injunctions of Islam. The judgment in the aforesaid subject matter was passed in S.P.No.02-L/1979 vide Courts order dated 13.12.1980 vide PLD 1981 FSC Page 23. The judgment in the aforesaid subject matter was passed in S.P.No.02-L/1979 vide Courts order dated 13.12.1980. Appeal not filed
89.
90.
91.
92.
Section 25(3)(d) of MLR (regarding Punjab Pre emption Act, 1913, Land Reform Act, 1972)115 r/w section 6 Act 48 of 1976 challenged being repugnant to injunctions of Islam S.P.No.74/L/1979 Section 15,16 of the Fazal Muhammad Punjab Pre emption Vs. Act, 1913, Federation of paragraph 25(d) of Pakistan Land Reforms Regulation, 1972, Article 10 and 120 of Limitation Act, 1908 challenged being repugnant to injunctions of Islam. Sh.P.No.75/L/1979 MLR 115, Para 25, Umar Din sub Para (3) clause Vs. (d) of Land Reforms Government of Regulation, 1973 Pakistan challenged being repugnant to injunctions of Islam. Sh.P.No.76/L/1979 Provisions of the Baboo Ali Haider etc. C.D.A. Ord. XXIII of Vs. 1960 regarding Federal Government acquisition of of Pakistan private land challenged being repugnant to injunctions of Islam.
Appeal not filed
The judgment in the Appeal not aforesaid subject matter was filed passed in S.P.No.02-L/1979 vide Courts order dated 13.12.1980 vide PLD 1981 FSC Page 23. The judgment in the Appeal not aforesaid subject matter was filed passed in S.P.No.02-L/1979 vide Courts order dated 13.12.1980 vide PLD 1981 FSC Page 23.
1980
S. No. Shariat Petition No. & Party Names Law Challenged FSC Decision Appeal filed in the Hon.Suprem e Court of Pakistan or not with Status Sh. A.No. 17/1981. The Honble Supreme Court has partly allowed on 11-1-1988.
93.
Sh.P.No.1/L/1980 Mr.Noshir Rustam Sidhwa Vs. The Federation of Pakistan
The Present petition has been filed by a follower of the Zoroastrian religion to challenge the provisions placing an embargo on possession and consumption of liquor (Section 3-4) and the provisions about issuance of licenses for import, manufacture etc. to a person in respect of any Institution whether under the
Dated: 27-4-1981 It was held that the extension of prohibition, in the Prohibition (Enforcement of Hadd) Order, 1979 to a non-Muslim was not repugnant to the Holy Quran and Sunnah of the Holy Prophet. The petition was dismissed to this extent. It was, however accepted in regard to the contention against the legality of Section 17 of the order, and it was declared that the provision in that Section allowing an Institution
29 management of the Government or not (Sections 6, 11-B, 12 and 14). whether under the management of the Government or not, if manned by Muslims is repugnant to the Holy Quran and the Sunnah in view of the ban imposed by the Sunnah of the Holy Prophet on possession or sale of liquor by Muslims. It was directed that necessary amendment in section 17 be made by the 30th of June, 1981 to allow only such Institutions as are entirely manned by non-Muslims and profit of which are shared by them, to manufacture, import, transport, sale or possess liquor for the purposes enumerated in clause (a) of Section 17 or for its export, as provided in clause (b) thereof.PLD 1981, FSC Page 245 The Court gone through the review petition but It find this question was not raised on behalf of the Government. The only question which was raised was that of discrimination which we have already dealt with. The petition is therefore dismissed on 2206-1982
Sh.Rew.P.No.18/I/19 81
The Federal Shariat Court, renders its Judgment to be self contradictory, while rejection the petition the learned Judges have held that the Muslim and non-Muslim citizens are equal for the purposes of the said order whereas in the impugned observation they have made a discrimination between the Muslim and non-Muslim citizens for the purposes of section 17 of the said Order. The only question involved is whether the amendment in section 17 of the Wapda Act by which the authority was invested with a power to retire or remove of its employ without assigning any reason after giving not less than thirty days notice or payment of salary for the period of such notice, other terms and condition of service notwithstanding, is repugnant to the Holy Quran and
94.
Sh.P.No.1/I/1980 Muhammad Duryab Yousaf Qureshi Vs. Chairman Wapda
Dismissed in limine on Appeal has not 8.8.1981, on the ground that filed. the law involved in this petition in any way against the spirit of Islam. Sharia has given much flexibility to the relationship of employer and employ which is contractual relationship.PLD 1983 FSC Page 17
30 Sunnah of the Holy Prophet (PBUH) MLR-115 of 1972 regarding grant of land free of charge to tenants and Law Reform Act, 1977 challenged being repugnant to injunctions of Islam Prayed that the Court to declare that the taking of presently operative Misaq from members of Dawoodi Bohra Community is against the Quran and the Sunnah of the Prophet and the teachings of Islam
95.
Sh.P No.01/P/1980 Sher Ali Khan Vs. Govt. of Pakistan etc.
The judgment on the same Appeal not subject matter was passed in filed S.P.No.02-L/1979 vide Courts order dated 13.12.1980 vide PLD 1981 FSC Page 23 Dismissed on 3.8.1980 Appeal has not filed.
96.
Sh.P.No.1/K/1980 Dr. Amanat Ali and others Vs. Federation of Pakistan Linked with Sh.P.No.2/K/1980 Abdul Hussain S.Motiwala Vs. Sayedna Dr. Surhanuddin and other
Dismissed on 16.12.1980 for want of jurisdiction.
97.
98.
Sh.P.No.1/K/1980 (A) Ghufran Zaidi Vs. The President of Pakistan Sh.P.No.2/I/1980 Qari Nishan Ali Abbasi Vs. The State
Prayed that the court may be decided and examined whether or not the police usage of taking to and retaining in the than a man, woman or child under section 54 and 61 of Cr.P.C is repugnant to the injunctions of Islam Concerns a Contract Dismissed for want of Appeal has not between private jurisdiction on 16.12.1980 filed. parties.
99.
Sh.P.No.2/L/1980 M. Iqbal and another
The petitioner has challenged the Order passed by MLA ZoneB on the allegation he had not right to commute the death sentence into life imprisonment and the decision was repugnant to injunction of Islam and that the State has no power to commute sentence , this power being vested only in the heirs of the deceased, whether they pardon the murderer or taken Diyat (blood money) Challenged section 4 of the Muslim
This petition is not entertain Appeal has not able being a personal matter filed. and shall be returned to the petitioner on 13.1.1981.
Dismissed for prosecution on
non- Appeal has not 16- filed.
31 Vs. Islamic Republic of Pakistan 100 . Sh.P.No.2/K/1980 Abdul Hussain S.Motiwala Vs. Sayedna Dr. Surhanuddin and other Family Laws Ordinance, 1961. Share of grandson and granddaughter. Prayed that the court may be decided and examined whether or not the police usage of taking to and retaining in the thana a man, woman or child under section 54 and 61 of Cr.P.C is repugnant to the injunctions of Islam Section 25 of MLR 115 (regarding Punjab Pre emption Act, 1913, Land Reform Act, 1972)challenged being repugnant to injunctions of Islam For a declaration that the Punjab Acquisition Act of 1973 and the Punjab Development of Cities Act,1976 as well as the provision of article 24 of the Constitutional of 1973 is offend against the fundamental principles of law of the Sharia and are repugnant to the injunctions of Quran and Sunnah 2-1980.
Dismissed on 16.12.1980 for Appeal has not want of jurisdiction. filed.
101 .
Sh.P.No.03/L/1980 Bashir Ahmed etc. Vs. Central Government of Pakistan etc.
The judgment in the Appeal not aforesaid subject matter was filed passed in S.P.No.02-L/1979 vide Courts order dated 13.12.1980 vide PLD 1981 FSC Page 23. Dismissed on 13.12.1980 , in view of the judgment in S.P.No.2-L-1979 (Hafiz Muhammad Ameen Vs. Islamic Republic of Pakistan and others) Paragraph 25(1) of the regulation has already been repugnant PLD-1986 SC Page- 360. Sh.A.No.1,3,8, 9,10 of 1981 and 1 of 1987 are Allowed and Sh. A.No 4 of 1981 with reservation contained in Para 3 above of 1984 are partly Allow dated on 10-81989 PLD 1990 SC Page99. and The Rev.Petition has been dismissed being barred by time dated 14-12-1991 Dismissed on 23.12.1980 Appeal has not for want of jurisdiction filed.
102 .
Sh.P.No.3/I/1980 Fazal Rahman Foundation Vs. The Federation of Islamic Republic of Pakistan and others
103 .
104 .
Sh.P.No.3/K/1980 Mukhtar Ahmad Choudhary Vs. Federation of Pakistan Sh.P.No.04/L/1980 Gulab Din Vs. Government of Pakistan
Challenged the validity of certain provisions of MLR115 of 1972. Para 25(3)(d) of MLR 115, Punjab Pre emption Act, 1913, Article 10 & 120 of Limitation Act, 1908 challenged being
32 repugnant to injunctions of Islam For a declaration that the provisions of Land Reform Regulation 115 of 1972 contained in Para 13 by which the land in excess of the area permissible for retention under Para 3 of the regulation is vested absolutely in Govt: free from any encumbrance or charge and without payment of any compensation is illegal and repugnant to the injunctions of Islam and, therefore, void.
105 .
Sh.P.No.4/I/1980 Azmat Ali and 2 others Vs. Government of Pakistan
Dismissed on 13.12.1980 , in view of the judgment in S.P.No.2-L-1979 (Hafiz Muhammad Ameen Vs. Islamic Republic of Pakistan and others)
106 .
Sh.P.No.4/K/1980 Jalil Ahmad Khan Vs. Federation of Pakistan Sh.P.No.5/I/1980 Sardar Sultan Mehmood Khan Vs. Govt: of Pakistan
Validity of the Law of Limitation
107 .
For a declaration and decision that the provisions of Land Reform Regulation 115 of 1972 contained in para 13 by which the land in excess of the area permissible for retention under para 3 of the regulation is vested absolutely in Govt: free from any encumbrance or charge and without payment of any compensation, is illegal and repugnant to the injunctions of Islam, and therefore, void.
108
Sh.P.No.05/L/1980
Section 14 & 15 of
Paragraph 25(1) of the regulation has already been repugnant PLD-1986 SC Page- 360. Sh.A.No.1,3,8, 9,10 of 1981 and 1 of 1987 are Allowed and Sh. A.No 4 of 1981 with reservation contained in Para 3 above of 1984 are partly Allow dated on 10-81989 PLD 1990 SC Page99. and The Rev.Petition has been dismissed being barred by time dated 14-12-1991 Dismissed on 19.4.1981 on Appeal has not the ground that the court filed. had already held that the Law of Limitation is Procedural law and as such this Court has no jurisdiction. PLD 1980 FSC Page-1. Dismissed on 13.12.1980 , in Paragraph view of the judgment in 25(1) of the S.P.No.2-L-1979 (Hafiz regulation has Muhammad Ameen Vs. already been Islamic Republic of Pakistan repugnant and others) PLD-1986 SC Page- 360. Sh.A.No.1,3,8, 9,10 of 1981 and 1 of 1987 are Allowed and Sh. A.No 4 of 1981 with reservation contained in Para 3 above of 1984 are partly Allow dated on 10-81989 PLD 1990 SC Page99. and The Rev.Petition has been dismissed being barred by time dated 14-12-1991 The judgment in the Paragraph
33 Rasheed Ahmed Vs. The Government of Punjab Punjab Pre emption Act, 1913, MLR 115, section 10 & 120 of Limitation Act, 1908 challenged being repugnant to injunctions of Islam. aforesaid subject matter was passed in S.P.No.02-L/1979 vide Courts order dated 13.12.1980 vide PLD 1981 FSC Page 23. 25(1) of the regulation has already been repugnant PLD-1986 SC Page- 360. Sh.A.No.1,3,8, 9,10 of 1981 and 1 of 1987 are Allowed and Sh. A.No 4 of 1981 with reservation contained in Para 3 above of 1984 are partly Allow dated on 10-81989 PLD 1990 SC Page99. and The Rev.Petition has been dismissed being barred by time dated 14-12-1991 Disposed of on 20.12.1980 Appeal has not as this Court has no filed. jurisdiction to deal with the procedure of Court. The judgment on the same Appeal not subject matter was passed in filed S.P.No.02-L/1979 vide Courts order dated 13.12.1980 vide PLD 1981 FSC Page 23 Dismissed on 13.3.1982 on the ground that being payable on account of after death it is not property of the deceased but is a gift or bounty of the State to his widow and it is also not heritable. This was conceded by the learned counsel for the petitioner too.PLD 1982 FSC Page 143 Dismissed vide Courts order dated 03.12.1980 with observation that Honble Court did not find the law repugnant to the injunctions of Islam.PLD 1982 Page 36, FSC Filed in the Supreme Court request for with drawl the same having become in infrecutious dt.6.2.1991. Appeal filed in the Honble Supreme Court of Pakistan and dismissed on dated 16-51984. PLD 1986 SC Page 564
109 . 110 .
Sh.P.No.5/K/1980 Abdul Rehman Vs. Govt. of Pakistan Sh.P No.05/P/1980 Syed Khushhal Khan etc. Vs. Fed: Govt. of Pakistan Sh.P.No.6/I/1980 Mirza Muhammad Amin and others Vs. The Federation of Pakistan
Challenged section 19 of the C.P.C as un-Islamic. Para 22, 24, 25 of Land Reform Regulation (MLR115) of 1972 challenged being repugnant to injunctions of Islam Challenged Military Law, Rules Law, Instructions, Regulations, etc as repugnant to the injunctions of Islam.
111 .
112 .
Sh.P.No.06/L/1980 Abu-Dawood Muhammad Sadiq Vs. Government of Pakistan
National Registration Act, 1973 petitioner prayed that the provisions of the National Registration Act 1973 and rules made there under whereby the citizen of Pakistan have been required to affix their Photographs on the application forms for issuance of identity cards are
34 opposed to Islam and Hence Void and of no legal effect.. Personal grievance.
113 . 114 . 115 .
Sh.P.No.6/K/1980 Anwar beg Mirza Vs. Federation of Pakistan and others Sh.P.No.7/R/1980 Masood Ahmad Zubari Vs. Govt: of Pakistan Sh.P.No.07/L/1980 Sh. Nasarullah Mushtaq etc. Vs. Govt. of Pakistan
Against nonpayment of arrears Para 25(3)(d) of MLR-115, Punjab Pre emption Act, 1913, Article 10 & 120 of Limitation Act, 1908 petitioner prayed that the above Sections of law may kindly be examined and it be declared that the said pieces of legislation are against the injunctions of Islam. Law of procedure
Returned on 11.11.1980as the petitioner has not challenged any provisions of law The judgment in the aforesaid subject matter was passed in S.P.No.02-L/1979 vide Courts order dated 13.12.1980 vide PLD 1981 FSC Page 23.
Appeal has not filed. Appeal has not filed.
116 .
117 .
Sh.P.No.7/K/1980 Muhammad Hamza Hashmi Vs. Federation of Pakistan Sh.P.No.8/R/1980 Muhammad Afsar Vs. Abdul Hamid and others
Dismissed on 21.12.1980 for Appeal has not want of jurisdiction filed. PLD 1980 FSC Page-1.
118 .
Sh.P.No.08/L/1980 Mistri Muhammad Hussain Vs Siraj-ud-Din
119 .
Sh.P.No.8/K/1980 Habib Hassan Qadri Vs. Federation of Pakistan Linked with
Challenged the right of pre emption granted to a tenant under Para 23 (3) (d) of the Land Reform Regulations, 1972 (MLR 115) on account of its being repugnant to the injunctions of Islam M-L-R 115 petitioner prayed that the Honble Court may kindly declare that the right of preemption are enacted in the preemption Act, 1913 are being repugnant to injunctions of Islam. Validity of Fiscal law, namely Interest Act,1839,Section 22 of State Bank of Pakistan Act,1956 and Sections 25(2) and 26(1) of the Banking Companies Ordinance,1962
Dismissed on 13.12.1980 , in view of the judgment in S.P.No.2-L-1979 (Hafiz Muhammad Ameen Vs. Islamic Republic of Pakistan and others)
Filed in the S.C
PLD 1986 SC Page 360, SC 1990 Page 99
The judgment in the Appeal has not aforesaid subject matter was filed. passed in S.P.No.02-L/1979 vide Courts order dated 13.12.1980 vide PLD 1981 FSC Page 23.
Dismissed on 22.12.1980 , Appeal has not on the ground that under filed. the Constitution all fiscal laws and any law relating to the levy and collection of taxes and fees or banking or insurance practice and procedure are put outside the pale of jurisdiction of this court for three years from the commencement of the chapter of the Constitution containing Article 203-A to 203-H
35 120 . Sh.P.No.9/I/1980 Malik Muhammad Nisar Vs. Faryad and another Sec.253 (d) of Martial Law Regulation No.115. Dismissed on 13.12.1980, in Paragraph view of the judgment in 25(1) of the S.P.No.2-L-1979 regulation has already been repugnant PLD-1986 SC Page- 360. Sh.A.No.1,3,8, 9,10 of 1981 and 1 of 1987 are Allowed and Sh. A.No 4 of 1981 with reservation contained in Para 3 above of 1984 are partly Allow dated on 10-81989 PLD 1990 SC Page99. and The Rev.Petition has been dismissed being barred by time dated 14-12-1991 Qisas and Deeyat. Allowed on 23.9.1980, the Filed in the S.C provisions of sections 401, PLD 1989 SC 402, 402-A and 402-B Cr.P.c Page-633. shall not apply. These sections are repugnant to the Holy Quran and Sunnah of the Holy Prophet to this extent. PLD 1980 FSC Page-1. Validity of Fiscal Dismissed on 22.12.1980 , Appeal has not law, namely Interest on the ground that under filed. Act,1839,Section 22 the Constitution all fiscal of State Bank of laws and any law relating to Pakistan Act,1956 the levy and collection of and Sections 25(2) taxes and fees or banking or and 26(1) of the insurance practice and Banking Companies procedure are put outside Ordinance,1962 the pale of jurisdiction of this court for three years from the commencement of the chapter of the Constitution containing Article 203-A to 203-H
121 .
122 .
S.P.No.9/L/1980 Niaz Hussain Vs... Federation of Pakistan Linked with S.P.No.69/L/1979 Linked with S.P.No.13/L/1979 S.P.No.9/K/1980 Habib Hassan Qadri Vs. Federation of Pakistan Linked with
S.P.No.10/K/1980 Shraf Hassan Qadri Linked with
Validity of Fiscal law, namely Inter4est Act,1839,Section 22 of State Bank of Pakist5an Act,1956 and Sections 25(2) and 26(1) of the Banking Companies Ordinance,1962
Dismissed on 22.12.1980 , on the ground that under the Constitution all fiscal laws and any law relating to the levy and collection of taxes and fees or banking or insurance practice and procedure are put outside the pale of jurisdiction of this court for three years from the commencement of the chapter of the Constitution containing Article 203-A to
36 S.P.No.11/K/1980 & 12/K/of 1980 Habib Hassan Qadri Vs. Federation of Pakistan 203-H Dismissed on 22.12.1980 , Validity of Fiscal on the ground that under law, namely Interest the Constitution all fiscal Act, 1839, Section laws and any law relating to 22 of State Bank of the levy and collection of Pakistan Act, 1956 taxes and fees or banking or and Sections 25(2) insurance practice and and 26(1) of the procedure are put outside Banking Companies the pale of jurisdiction of this Ordinance, 1962. court for three years from the commencement of the chapter of the Constitution containing Article 203-A to 203-H Section 4 of the Muslim Family Laws Ord. challenged being repugnant to injunctions of Islam. Dismissed on 17.2.1981 as Appeal not the matter was not with the filed jurisdiction of this Court.
123 .
124 .
S.P.No.10-L/1980 Haq Nawaz Vs. Govt. of Pakistan through Ministry of Law, L/W S.P.No.17/L/1979 L/W S.P.No.19/L/1979 L/W S.P.No.11/L/1980 L/W S.P.No.12/L/1980 S.P.No.10/R/1980 Malik Muhammad Saleh Vs. Faryad and another
Section 253(d) of Martial Law Regulation No.115.
125 .
S.P.No.11/I/1980 Mst. Husan Pari Vs. Fazal Akbar and other
Martial Law Regulation No.115 of 1972.
Dismissed on 13.12.1980,in Paragraph view of the judgment in 25(1) of the S.P.No.2-L-1979. regulation has already been repugnant PLD-1986 SC Page- 360. Sh.A.No.1,3,8, 9,10 of 1981 and 1 of 1987 are Allowed and Sh. A.No 4 of 1981 with reservation contained in Para 3 above of 1984 are partly Allow dated on 10-81989 PLD 1990 SC Page99. and The Rev.Petition has been dismissed being barred by time dated 14-12-1991 Dismissed on 13.12.1980, in Paragraph view of the judgment in 25(1) of the S.P.No.2-L-1979 regulation has already been repugnant PLD-1986 SC Page- 360. Sh.A.No.1,3,8, 9,10 of 1981
37 and 1 of 1987 are Allowed and Sh. A.No 4 of 1981 with reservation contained in Para 3 above of 1984 are partly Allow dated on 10-81989 PLD 1990 SC Page99. and The Rev.Petition has been dismissed being barred by time dated 14-12-1991 Dismissed on 17.2.1981 as Appeal not the matter was not with the filed jurisdiction of this Court
126 .
S.P.No.11/L/1980 Muhammad Yar and another Vs. Federal Government of Pakistan etc. S.P.No.12-I-1980 Muhammad Tahir and two others Vs. Mirwais S.P.No.12/L/1980 Lal etc Vs. Government of Pakistan S.P.No.13/I/1980 Muhammad Ishaq Vs. The Federation of Pakistan etc
127 .
Petitioner prayed that it may be graciously declared that section of Muslim Family Laws Ordinance, 1961 is being repugnant to injunctions of Islam. Petition of civil nature regarding property
128 . 129 .
Section 4 of the Muslim Family Laws Ord. challenged being repugnant to injunctions of Islam. For a declaration to the effect that the operation and Custom and usages , as repugnant to the injunctions of Islam
Returned to the petitioner as the petitioner has not challenged any provision of law being repugnant to the injections of Islam.9.12.1980 Returned. Dismissed on 17.2.1981 as the matter was not with the jurisdiction of this Court.
Appeal not filed
130 .
S.P.No.13/L/1980 Feroz Vs. Government of Pakistan
131
S.P.No.13/K/1980 Begum Raffia
Allowed on 19.5.1981, on the ground that the Custom allowing challenged by collaterals to the alienation of property inherited under custom by a full honour is declare to be repugnant to the injunctions of Islam. It has also been held by the court that necessary amendment in the West Pakistan Muslim Personal Law (Shariat) Application Act, 1962 shall be made by the 30.6.1981,PLD 1981 FSC Page 278 M-L-R 115 petitioner The judgment in the prayed that the aforesaid subject matter was Honble Court may passed in S.P.No.02-L/1979 kindly declare that vide Courts order dated the right of pre13.12.1980 vide PLD 1981 emption are FSC Page 23. enacted in the preemption Act, 1913 are being repugnant to injunctions of Islam. MLR-115 of 1972 Dismissed on 23.12.1980
Filed in the Supreme Court
Appeal not Filed
38 Ahmad and others Vs. Federation of Pakistan Linked with MLR-115 of 1972 S.P.No.14/K/1980 Syed Hussain and others Vs. Federation of Pakistan S.P.No.14/I/1980 Syed Riasat Ali Vs. Federation of Pakistan S.P.No.14/L/1980 Ahmed Ali Vs. Government of Pakistan Dismissed on 23.12.1980 Filed in Supreme Court of Pakistan and dismissed 272-1987. Appeal has not filed.
132 .
Challenged the existing Laws designed to bring barren lands under cultivation Para 25(3) (d) of MLR 115, Punjab Pre emption Act, and 1913 Article of 10&120 of Limitation Act, 1908. Section 5, 2, 9 and Section 19, 20 Pre emption Act, petitioner prayed that the above section of laws the against are being repugnant to injunctions of Islam. MLR-115 of 1972
133 .
Dismissed on 17.1.1981on the ground that the relief regarding returned of the land after the lease has already expired is beyond the scope of the jurisdiction of this Court The judgment in the aforesaid subject matter was passed in S.P.No.02-L/1979 vide Courts order dated 13.12.1980 vide PLD 1981 FSC Page 23.
134 .
135 .
S.P.No.14/K/1980 Syed Hussain and others Vs. Federation of Pakistan S.P.No15/I/1980 Zakir Muhammad Khan Vs. The Divisional Engineer Workshop , Mughalpura, Lahore
136 .
S.P.No.15/L/1980 Zakir Muhammad Khan Vs. The Div. Engineer (Rly) LHR etc. L/W S.P.No.21/L/1980
Challenged Article 10 of the Limitation Act and section 30 of the pre emption Act alongwith the other provisions contained in the said Acts whereby a non-Muslim is permitted to exercised the right of pre emption against property purchased or owned by a Muslim, as repugnant to the injunctions of Islam Under Islamic Code of Life for right of employment and residential accommodation occupational under bilateral contract between employer & employees, Labour Laws in
Filed in Supreme Court of Pakistan and dismissed 272-1987. Dismissed on 13.12.1980, in Appeal has not view of the judgment in filed. S.P.No.2-L-1979 Hafiz Muhammad Amin Vs. Islamic Republic of Pakistan and others
Dismissed on 4.10.1980 as Appeal not the Court has no jurisdiction. filed
39 respect of Railways challenged being repugnant to injunctions of Islam Not challenged any Law
137 .
S.P.No.15/K/1980 Saeed ullah Kazmi Vs. Federation of Pakistan S.P.No.16/L/1980 Inyat Muhammad Vs. Government of Pakistan
138 .
139 . 140 .
141 .
S.P.No.16/I/1980 Nadar Khan Vs. Asfandyar etc S.P.No.16/K/1980 Khurshid Alam Siddiqui Vs. Muslim Commercial Bank and another S.P.No.17/L/1980 Dost Muhammad etc. Vs. Federal Government of Pakistan
U/s 10 of the Colonization of the Government Land Act petitioner prayed that the Honble Court may be pleased to declare the condition of resumption during or at the expiry of the original lease and also condition as to the surrender of land beyond 121/2 acres conte3ined in the notification of 1979 are being repugnant to injunctions of Islam. Application against Order of High Court Peshawar dated 6.11.1978. Personal grievance
Dismissed on 23.12.1980 as Filed in the the petition is incompetent. Supreme Court of Pakistan and dismissed on 22-10-1983. Dismissed as withdrawn on Appeal not dated 4-2-1981. filed
Returned to the petitioner on Appeal has not 29.11.1980 for want of filed. jurisdiction Dismissed on 3.8.1980 for Appeal has not want of jurisdiction filed.
Para 25(3)(d) of MLR 115, Punjab Pre emption Act, 1913 petitioner prayed that aforesaid provisions of law may kindly be adjudged to be repugnant to the tenets of Islam and to have ceased effect as from the 12th of Rabi-ul-Awal, 1389 Hijri, i.e. the promulgation of the Constitution (Amendment) Order, 1979.
Paragraph 25(1) of the regulation has already been repugnant PLD-1986 SC Page- 360. Sh.A.No.1,3,8, 9,10 of 1981 and 1 of 1987 are Allowed and Sh. A.No 4 of 1981 with reservation contained in Para 3 above of 1984 are partly Allow dated on 10-81989 PLD 1990 SC Page99. and The Rev.Petition has been dismissed being barred
40 by time dated 14-12-1991 on Appeal has not of filed.
142 . 2
143 .
S.P.No.17/K/1980 Al-Hajj H.I.Sheikh Vs. Mr. Mehmood A. Haroon and others S.P.No.18/L/1980 Inyat Ali etc. Vs. Government of Punjab S.P.No.18/K/1980 Habib ur Rehman and another Vs. Federation of Pakistan S.P.No.19/R/1980 Mian Haider Khan Vs. Haji Kishawar and others Sh.P.No.19/L/1980 Jamal Din & another Vs. Muhammad Sher & others
System of Ballot for picking up persons who are allowed to proceed on Hajj. Para 25(3) (d) of MLR 115, Section 15(c) Punjab Preemption Act, 1913 is Kindly declared to be repugnant to injunctions of Islam. Some customs exists for less it has the force of law. Dispute between the parties overland Para 25(3)(d) of MLR 115 (regarding Punjab Pre-emption Act, 1913, Land Reform Act, 1972) challenged being repugnant to injunctions of Islam Paragraph 25 (3) (d) of Martial Law Regulation No.115 of 1972 as repugnant to the injunctions of Islam.
Summarily dismissed 4.8.1980 for want jurisdiction.
The judgment in the Appeal has not aforesaid subject matter was filed. passed in S.P.No.02-L/1979 vide Courts order dated 13.12.1980 vide PLD 1981 FSC Page 23. Summarily dismissed 28.7.1980 for want jurisdiction. on Appeal has not of filed.
144 . 145 . 146 .
Returned to the petitioner on Appeal has not 17.11.1980 for want of filed. jurisdiction The judgment in the Appeal has not aforesaid subject matter was filed. passed in S.P.No.02-L/1979 vide Courts order dated 13.12.1980 vide PLD 1981 FSC Page 23. Dismissed on 13.12.1980, in view of the judgment in S.P.No.2-L-1979 Hafiz Muhammad Amin Vs. Islamic Republic of Pakistan and others. Paragraph 25(1) of the regulation has already been repugnant PLD-1986 SC Page- 360. Sh.A.No.1,3,8, 9,10 of 1981 and 1 of 1987 are Allowed and Sh. A.No 4 of 1981 with reservation contained in Para 3 above of 1984 are partly Allow dated on 10-81989 PLD 1990 SC Page99. and The Rev.Petition has been dismissed being barred by time dated 14-12-1991 Paragraph 25(1) of the regulation has already been repugnant PLD-1986 SC Page- 360. Sh.A.No.1,3,8,
147 .
S.P.No.20/I/1980 Khadim Hussain and another Vs. Muhammad Saddique and another
148 .
Sh.P.No.20/L/1980 Sh. Abdul Waheed Vs. Government of Pakistan
Section 15 Punjab Pre emption Act, 1913 be declared to be repugnant to injunctions of Islam.
41 9,10 of 1981 and 1 of 1987 are Allowed and Sh. A.No 4 of 1981 with reservation contained in Para 3 above of 1984 are partly Allow dated on 10-81989 PLD 1990 SC Page99. and The Rev.Petition has been dismissed being barred by time dated 14-12-1991 Paragraph 25(1) of the regulation has already been repugnant PLD-1986 SC Page- 360. Sh.A.No.1,3,8, 9,10 of 1981 and 1 of 1987 are Allowed and Sh. A.No 4 of 1981 with reservation contained in Para 3 above of 1984 are partly Allow dated on 10-81989 PLD 1990 SC Page99. and The Rev.Petition has been dismissed being barred by time dated 14-12-1991 Appeal not filed
149 .
S.P.No.21/I/1980 Ali Muhammad Vs. Islamic Republic of Pakistan
Paragraph 25 (3) (d) of Martial Law Regulation No.115 of 1972 as repugnant to the injunctions of Islam.
Dismissed on 13.12.1980, in view of the judgment in S.P.No.2-L-1979 Hafiz Muhammad Amin Vs. Islamic Republic of Pakistan and others
150 .
Sh.P.No.21/L/1980 Zaheer Muhammad Khan Vs. The Divisional Engineer
151 .
Sh.P.No.22/L/1980 Mst: Khalida Adeeba etc. Vs.
Under Islamic Code of Life for right of employment and residential accommodation occupational under bilateral contract between employer & employees, Labour Laws in respect of Railways challenged being repugnant to injunctions of Islam Para 25(3) (d) of MLR 115, Punjab Pre emption Act, 1913, Article 10 of
Dismissed on 4.10.1980 as the Court has not jurisdiction.
The judgment in the Appeal has not aforesaid subject matter was filed. passed in S.P.No.02-L/1979 vide Courts order dated
42 Government of Pakistan etc. 152 . S.P.No.22/I/1980 Bhai Khan and 4 others Vs. The Federal Government of Pakistan and others Limitation Act, 1908 challenged being repugnant to injunctions of Islam. Section 32 of the Colonization of Govt: Lands (Punjab) Act, 1912. 13.12.1980 vide PLD 1981 FSC Page 23. Dismissed on 17.1.1981without substance. The Court has been pleased to held, that it would be entitled to resume or reenter the demised land on the termination of the period of lease or in the event of the violation of any term thereof on the part of the lessees. Moreover, the impugned Act, as is apparent from its title and preamble, governs land vesting in the state. PLD 1981 FSC Page 139 The judgment in the aforesaid subject matter was passed in S.P.No.02-L/1979 vide Courts order dated 13.12.1980 vide PLD 1981 FSC Page 23. Dismissed on 14.6.1981. The Court has already held in Hafiz Muhammad Amin Vs. Islamic Republic of Pakistan( PLD 1981 FSC 23) That the provisions of this regulation, which relate to the ceiling or land ownership or provide for acquisition of surplus area by the government are constitutionally protected and it is not within the jurisdiction of this court to go into there vires, even in the light of Holy Quran and Sunnah of the Holy Prophet (PBUH) Dismissed on 17.2.1981 Appeal filed in S.C and dismissed on 10.4.1983
L/W Cr.A.No.24/I/1980
153 .
154 .
Sh.P.No.23/L/1980 Muhammad Anwar etc. Vs. Federation of Pakistan etc. S.P.No.23/I/1980 Ayub Bakhsh Awan Vs. Government of Punjab and others
Para (3)(d) of MLR 115, Sections 3,4,7 to 12 of the Punjab Acquisition of Land (Housing) Act, 1973. Article 10 of MLR No.115 challenged
155 . 156 .
Sh.P.No.24/L/1980 Muzaffar Khan Vs. Government of Pakistan S.P.No.24/I/1980 Mian Muhammad Saeed Shad Vs. Govt: of Punjab L/W S.P.No.22/I/1980
Section 4 of the Family Law 1979 challenged being repugnant to injunctions of Islam. Section 32 of the Colonization of Govt: Lands (Punjab) Act, 1912.
Appeal not filed
Dismissed on Appeal has 17.1.1981without substance. filed. The Court has been pleased to held, that it would be entitled to resume or reenter the demised land on the termination of the period of lease or in the event of the violation of any term thereof on the part of the lessees. Moreover, the impugned Act, as is apparent from its title and preamble, governs land vesting in the State,PLD 1981 FSC Page 139
43 157 . Sh.P.No.25/L/1980 Mallah and others Vs. Islamic Republic of Pakistan Para 25(3)(d) of MLR 115 (regarding Punjab Pre emption Act, 1913, Land Reform Act, 1972)challenged being repugnant to injunctions of Islam Regarding interest by HBFC Islamabad. The judgment in the Appeal has not aforesaid subject matter was filed. passed in S.P.No.02-L/1979 vide Courts order dated 13.12.1980 vide PLD 1981 FSC Page 23. Returned on 30.12.1980 as the petitioner has not challenged any specific rules against the injunctions of Islam Dismissed on note Portion 13-12-1980. Appeal has not filed.
158 . 159 .
S.P.No.26/I/1980 Obaidur Rahman Vs. Federation of Pakistan Sh.P.No.27/L/1980 Inamullah Khan Akram Vs. Mst. Saeeda Begum & others
160 .
Sh.P.No.28/L/1980 Imam shah and another Vs. Government of Pakistan Sh.P.No.29/L/1980 Mirajuddin Vs. Federation of Pakistan Shariat Petition No. & Party Names
161 .
Muslim Waqaf Validating Act, 1913 petitioner prayed that this Honble Court may kindly declare the WaqfNama as illegal, void and imperative in accordance with Shariat Laws being repugnant to injunctions of Islam Understanding Order 18 of the West Pakistan I.C. Employment 1968 challenged being repugnant to injunctions of Islam No law challenged being repugnant to injunctions of Islam.
Dismissed on 27.05.1981 Appeal not being the matter not filed concerned with this Court
Petition returned incompetent. Dated 18-01-1981
being Appeal not filed
1981
S. No. Law Challenged FSC Decision Appeal filed in the Hon.Suprem e Court of Pakistan or not with Status being Appeal not order filed
162 . 163 .
Sh.P.No.01/L/1981 Allah Ditta Vs. Federal Government of Pakistan S.P.No.01/I/1981 Qazi Sirajuddin Vs. Govt. of Pakistan etc.
Limitation Act, 1908 challenged being repugnant to injunctions of Islam. MLR-115, section 15 and 16 of Punjab Pre emption Act, 1913 challenged being repugnant to injunctions of Islam
Petition returned incompetent vide dated 25.1.1981
164 .
S.P No.01/P/1981 Nadir Khan Vs. Asfandyar etc. S.P.No.01/Q/1981 Ghulam Kibria Vs.
165 .
Regarding of right of pre emption as no specific has been challenged being repugnant to injunctions of Islam Zakat & Usher Ord. The petition was without 1980 relating to force and dismissed, on assessment, 13.4.1981PLD 1982 FSC
Dismissed on 28.2.1981 with observation that the judgment in the aforesaid subject matter was already passed in S.P.No.02-L/1979 vide Courts order dated 13.12.1980. PLD 1981 FSC Page-23 Dismissed on 8.3.1981 being incompetent.
Appeal not filed
Appeal not filed
Appeal not filed
44 Islamic Republic of Pakistan collection & disbursement of Zakat & Usher challenged being repugnant to injunctions of Islam Land Acquisition Act, 1894, Karachi Development Authority Order, 1957 challenged being repugnant to injunctions of Islam Not specific provision of law but his personal grievance regarding false evidence has been challenged being repugnant to injunctions of Islam Not law challenged being repugnant to injunctions of Islam. No specific law Muslim Family Law Ord. 1961 has been challenged being repugnant to injunctions of Islam Standing of the people at the time of playing the national anthem in the cinema houses challenged being repugnant to injunctions of Islam. Section 307/34 PPC challenged being repugnant to injunctions of Islam. The law of became transaction as in vogue in this country was opposed to the basic principle of honesty and is challenged being repugnant to injunctions of Islam. MLR-22 for the offence of regarding hijacking a foker Aeroplan challenged being repugnant to injunctions of Islam Section 58 of Transfer of Property Act, 1882 & Article 147, 148 of Page 1
166 .
S.P.No.01/K/1981 Mohsin A.Rehman & others Vs. Federal Govt. of Pakistan etc.
167 .
S.P.No.02/I/1981 Abdul Rehman Vs... Fateh Alam
Dismissed on 28.7.1982 with observation that Honble Court cannot interfere with the said section without issuing a notice to the Govt. concerned for excise of suomoto jurisdiction u/a 203-D of the Constitution. PLD 1982 FSC Page 233 Dismissed having no jurisdiction on 3.3.1981
Appeal not filed
Appeal not filed
168 . 169 .
S.P.No.02/L/1981 Salamat Ali Khan Vs. Province of Punjab etc. S.P No.02/P/1981 Sahar Din Vs. Mst. Bagh Bibi etc. S.P.No.02/K/1981 Saeedullah Kazmi Vs. Federal Govt. of Pakistan
Petition was dismissed being Appeal not not entertain able vide order filed dated 6.8.1981 Original petition returned to Appeal not petitioner on 17.5.1981. filed
170 .
Petition returned to Appeal not petitioner being incompetent filed on 12.11.1983.
171 . 172 .
S.P.No.03/L/1981 Shah Muhammad etc. Vs The State etc. S.P.No.03/I/1981 Khan Imtiaz Ahmed Khan Vs. Islamic Republic of Pakistan
Dismissed in limine by High Appeal not Court Lahore on 20.9.1980 filed
173 .
S.P.No.03/K/1981 Nazir Ahmed Vs. The Federation of Pakistan S.P No.03/P/1981 Muhammad Sadiq Khan Vs.
The custom of benami transaction is thus not enforceable in law. The only course before the petitioner is to approach the legislature to make benami transaction punishable by law. With this observation this petition was dismissed on 1.7.1981.PLD 1983 FSC Page 28 Dismissed being in fructuous, on 22.12.1981.
Appeal not filed
Appeal not filed
174 .
Dismissed on 25.10.1982 Appeal not having no jurisdiction.PLD filed 1983 FSC Page 43
45 Fed: Govt. of Pakistan 175 . S.P.No.03/Q/1981 Akhtar Abbas Vs. Fed: of Islamic Republic of Pakistan etc. S.P.No.04/L/1981 Mst: Razia Begum Vs. Maqsood Alam Khan and others S.P.No.04/I/1981 Mian Khalid Abdul Rauf Vs. President of Pakistan through Ministry of Law & Justice S.P No.04/P/1981 Zahir Shah Vs. The State Limitation Act, 1908 challenged being repugnant to injunctions of Islam. Personal grievance against nonacceptance of compromise in murder case on basis of Qisas after having taken Qisas. Compensation and Rehabilitation Act, 1958, Rehabilitation Act, 1956 challenged being repugnant to injunctions of Islam. Zakat & Usher Ord. XVIII of 1980 challenged being repugnant to injunctions of Islam
Returned on 5.4.1981 being Appeal not not entertain able filed
176 .
Disposed of as withdrawn on Appeal not 8.4.1981 filed
177 .
Dismissed with observation that the said ordinance including the amendment ordinance LII or ammine from attack before the Shariat Court vide judgment dated 3.10.1981.
Appeal filed in the Honble Supreme Court of Pakistan.disiss ed on 6.8.1984.
178 .
179 .
S.P.No.04/K/1981 Muhammad Feroz Vs. The Government of Pakistan S.P.No.05/L/1981 Abdul Qadir Vs. The Government of Pakistan S.P.No.05/I/1981 Ali Bakhsh Vs. Govt. of Punjab etc.
180 . 181 .
Law relating to execution of death sentence mentioned unspecific challenged being repugnant to injunctions of Islam MLR-29 regarding imposing punishment with retrospective effect challenged being repugnant to injunctions of Islam No law challenged being repugnant to injunctions of Islam. Section 15(c) of Punjab Pre emption Act, 1913 challenged being repugnant to injunctions of Islam Judicial technicalities and usage relating to law of limitation challenged being repugnant to injunctions of Islam. No law challenged being repugnant to injunctions of Islam.
Dismissed on 6.4.1982 with Appeal filed observation that the PLD 1989 SC question raised in this case page 633 has already been decided by this Court.
Dismissed by Court being Appeal not infructtius dated 22-12- filed 1981.
Petition returned to petitioner on 24.1.1981
the Appeal not filed
182 .
S.P.No.05/K/1981 Haji Niaz & Co. Vs. Amir Ali Ibrahimji Shaikha etc S.P.No.06/L/1981 Mst. Muzaffar Begum Vs. Government of Pakistan S.P.No.06/K/1981 Farooq Yousif
Dismissed on 25.5.1981 with observation that the judgment in the aforesaid subject matter was already passed in S.P.No.02-L/1979 vide Courts order dated 13.12.1980. Dismissed on 23.12.1981 with observation that the law of procedure is not within jurisdiction of this Court.
Appeal not filed
Appeal not filed
183 .
Petition returned to petitioner on 24.1.1981
the Appeal not filed
184
Judicial administrative
Dismissed on 23.12.1981 as Appeal not this matter involves a filed
46 Vs. Govt. of Sindh etc. decision not to allow compromise or compound in murder cases, usage relating to law of limitation challenged being repugnant to injunctions of Islam. Company Act, 1913 challenged being repugnant to injunctions of Islam. Provision of land reform Act, 1977, Martial Regulation 115 of 1972 challenged being repugnant to injunctions of Islam. personal grievance.
185
S.P.No.07/L/1981 Abdul Waheed . Vs. Government of Pakistan etc. 186 S.P.No.07/I/1981 Ghulam Abbas & . others Vs. Govt. of Pakistan etc.
Dismissed as withdrawn on Appeal not 9.1.1989. filed
Dismissed on 09.6.1981 with observation that the judgment in the aforesaid subject matter was already passed in S.P.No.02-L/1979 vide Courts order dated 13.12.1980 vide PLD 1981 FSC Page 23.
187 .
S.P.No.07/K/1981 Farooq-al-Qasimi etc. Vs. The State S.P.No.08/L/1981 Muhammadia Girls High School Vs. Federation of Pakistan L/W S.P.No.09-L/1981 L/W S.P.No.11-L/1981 S.P.No.08/I/1981 Mst. Sughra Bibi Vs. Ghulam Rasool S.P.No.09/L/1981 Reve, Shamaun Vs. Government of Punjab
188 .
Section 58 of Transfer of Property Act, 1882 challenged being repugnant to injunctions of Islam. MLR 118 (personal grievance) challenged being repugnant to injunctions of Islam.
Paragraph 25(1) of the regulation has already been repugnant PLD-1986 SC Page- 360. Sh.A.No.1,3,8, 9,10 of 1981 and 1 of 1987 are Allowed and Sh. A.No 4 of 1981 with reservation contained in Para 3 above of 1984 are partly Allow dated on 10-81989 PLD 1990 SC Page99. and The Rev.Petition has been dismissed being barred by time dated 14-12-1991 Dismissed on 9.8.1982 as Appeal not the matter relates to fiscal filed law, which is not within jurisdiction of this Court. Dismissed in limine being Appeal not incompetent on 10.6.1981. filed
189 . 190 .
No specific law challenged being repugnant to injunctions of Islam MLR 118 (personal grievance) challenged being repugnant to injunctions of Islam.
Petition returned petitioner on 17.5.1981
to Appeal not filed
Dismissed in limine being Appeal not incompetent on 10.6.1981 filed
47 191 . S.P.No.09/I/1981 Haji Hamid Akhtar Vs. Muhammad Zafar Iqbal etc. Dispute between the party over the agricultural property, specifying no law challenged being repugnant to the injunctions of Islam. Section 32 of the Colonization of Government of Punjab (Land Act 1912) petitioner prayed that after the declaration have been made as such the above said provision may kindly detected to be deleted from the said law. Punjab Pre emption Act, regarding saving shop from operation of pre emption law but not challenged its specific provision challenged being repugnant to injunctions of Islam MLR 118 (personal grievance) challenged being repugnant to injunctions of Islam Martial Law Ord, Motion Pictures Ordinance, 1979, Censorship Rules, 1981, obscenity, nudity, and dancing challenged being repugnant to injunctions of Islam Petition returned to Appeal not petitioner with observation filed that the Court has no jurisdiction to go into the matter vide order dated 25.6.1981. Dismissed on 25.5.1981 Appeal not being not repugnant to the filed injunctions of Islam..
192 .
S.P.No.10/L/1981 Imam Bakhsh Vs. Government of Pakistan
193 .
S.P.No.10/I/1981 Muhammad Siddique Vs. Govt. of Punjab etc
Petition returned to Appeal not petitioner being incompetent filed on 16.9.1981
194 . 195 .
S.P.No.11/L/1981 Rev.Shamaun Vs. Education Secretary etc. S.P.No.11/I/1981 Islamuddin Asad Vs. Islamic Republic of Pakistan
Dismissed in limini being Appeal not incompetent on 10.6.1981 filed
196 .
S.P.No.12/L/1981 Haji Abdul Aziz Vs. Khawaja Quresh Ali Mansha etc.
Punjab Thul Development Act, 1949 petitioner prayed that a declaration may kindly be made to the effect that the above said usage being restored to by the shia community since the establishment of Pakistan as being referred above, is against the injunctions of Holy Quran and Sunnah and has no legal force according to the Islamic Law
The Honble Court held that Appeal not in view of the Quran and filed Sunnah obscenity, nudity, dancing of and wearing sexually attractive dress and exhibition of film/movie on Friday at Jumma prayer time and in late hours of night were declared repugnant to injunctions of Islam vide order dated 7.7.1982.PLD 1983 FSC Page 140 Dismissed on 1-7-19981. Appeal not filed
48 challenged being repugnant to injunctions of Islam. Clause A(a) sub section (2) of section 14 of West Pakistan Family Court Act, 1964 regarding Dissolution of Marriage Act, 1959 challenged being repugnant to injunctions of Islam
197 .
S.P.No.12/I/1981 Sultan Ahmed Vs. Mehr Bibi
198 . 199 .
S.P.No.13/L/1981 Sher Afzal Vs Shamim Firdos etc. Rev: Pet. No. 13/I/1981 Federation of Pakistan Vs. Hazoor Bukhsh & other
200 .
S.P.No.14/L/1981 Muhammad Sadiq Pehlwan Vs. Govt. of Pakistan S.P.No.14/I/1981 Salahuddin Vs. Federation of Pakistan L/W S.P..No.15/I/1981 S.P.No.15/L/1981 Zaheer Ahmed Vs. Federation of Pakistan
No particular law challenged being repugnant to injunctions of Islam. Amendment directed to be made in section 17 of the Prohibition (Enforcement of Hudood) Order, 1979 vide judgment of this Court dated 27.4.1981 was challenged being repugnant to injunctions of Islam The custom of dancing girls challenged being repugnant to injunctions of Islam. Section 2(ii) & 3 of Ord. II of 1980 challenged being repugnant to injunctions of Islam
Dismissed on 11.11.1981 Appeal not with observation that if no filed right is provided to the wife to enable her to file any appeal anywhere against the unilateral act of divorce by her husband it would amount to equalizing the party to some extent, if the husband is not given a similar rights in case the Qazi, after hearing the party and after taking appropriate proceedings to bring about reconciliation between them consider the case as fit for dissolving the marriage or arranging for Khula. Dismissed on 19.8.1981 Appeal not filed Dismissed. The Honble Court held that : We do not agree with this. Our own assessment is that the only point which might require consideration in this case has not been taken in the Review Petition, which was, therefore, dismissed on 22.6.1982. Dismissed interalia on the ground that said rules and practices did not amount to law within the meaning of article 203(b) (c) on dated 20-4-1982. Dismissed on 25.7.1981 with observation that this Honble Court neither go into vires of the Constitution including the Provisional Constitution Order, 1981 nor into the vires of the fiscal law.PLD 1983 FSC Page 26 Petition dismissed being not within the scope the Holy Quran on dated 28-7-1982. PLD 1982 FSC Page 244 Appeal filed in the Honble Supreme Court of Pakistan and Dismissed on 6.2.1991.
Appeal not filed
201 .
Appeal filed in the Honble Supreme Court of Pakistan.Dismi ssed on 6.2.1991 Appeal not filed
202 .
Section 3, 5 of 6(b) of the Offence of Qazaf (Enforcement of Hadd) 1979 against Islam because the witnesses which are to be brought must be the witnesses who should undergo Tazkiatuo- shahood. A non-Muslim witness cannot undergo this process. That the infliction of Hadd regarding the
49 imputation of Zina rose against the dead person is also doubtful. In this way Section 3 and Section 89) of the Act needs revision Section 2(ii) & 3 of Ord. II of 1980 challenged being repugnant to injunctions of Islam.
203 .
S.P.No.15/I/1981 Salahuddin Vs. Federation of Pakistan L/W S.P.No.14/I/1981 S.P.No.16/L/1981 Munawar Hussain etc. Vs. The State
204 .
205 .
Rev: Pet.No.16 I/1981 Federation of Pakistan Vs. Muhammad Riaz etc.
206 .
Rev: Pet: No.17 I/1981 Salahuddin Khan Vs. Federation of Pakistan S.P.No.19I/1981 Abdul Alim Vs. Federation of Pakistan S.P.No.20/I/1981 Shahida Begum Vs. Federation of Pakistan
207 . 208 .
209 . 210 .
S.P.No.21/I/1981 Munib Ahmed Vs. Federation of Pakistan S.P.No.22/I/1981 Allah Ditta Vs. Federation of Pakistan
Section 4 of Muslim Family Law Ordinance challenged being repugnant to injunctions of Islam. The judgments of this Court dated 23.9.1980 & 1.10.80 passed in S.P Nos.13-L/79, 69L/79, 9-L/80, 1-K/79, 12-K/79, 2-K/79, 20K/79, 7-K/80 & 4K/80 were challenged being repugnant to injunctions of Islam. The order of this Court dated 25.7.1981 in S.P Nos.14-I/81 & 15I/81 challenged being repugnant to injunctions of Islam. Section 4 of Muslim Family Law Ord. 1961 challenged being repugnant to injunctions of Islam Prayer for implementation of amendment in Muslim Personal Law Shariat Application Act, 1962 as ordered in the judgment of this Court reported in PLD 1981 FSC 278. Section 13(c) & (d) of Partnership Act, 1932 challenged being repugnant to injunctions of Islam Article 127 of the 1st Schedule r/w section 3 of Limitation Act, 1908 challenged being repugnant to injunctions of Islam
Dismissed on 25.7.1981 with observation that this Honble Court neither go into vires of the Constitution including the Provisional Constitution Order, 1981 nor into the vires of the fiscal law, PLD 1983 FSC Page 26 Dismissed on 28.10.1981 being not within jurisdiction.
Appeal filed in the Honble Supreme Court of Pakistan. Dismissed on.6.2.1991. Appeal not filed
Dismissed on 2.2.1989 as Appeal not appeal filed by the filed Federation of Pakistan in Supreme Court in respect of the same matter was heard and reserved for judgment there.
Dismissed on 24.11.81 as Appeal not the Court did not find any filed ground of review of order dated 25.7.1981
Petition returned being not Appeal not entertain able on 1.11.1981 filed
Dismissed on 30.11.1981 Appeal not being not maintainable as filed the Honble Supreme Court suspended the order of this Court.
Dismissed on 3.11.1982 as Appeal not the matter was of fiscal one filed and beyond the jurisdiction of this Court. Dismissed on 23.3.1982 as Appeal not the matter was of procedural filed law which is beyond the jurisdiction of this Court.
50
1982
S. No. Shariat Petition No. & Party Names Law Challenged Appeal filed in the Hon.Suprem e Court of Pakistan or not with Status Rented to ground of lack of Appeal not jurisdiction. filed Approved on note Portion by Hon. C.J. dated 19-4-1982. FSC Decision
211 .
Sh.P.No.1/L/1982 Muhammad Latif and another Vs Mst. Iqbal Begum and another
Challenged Section 4 of Muslim Family Laws Ordinance, 1961 being repugnant to the Injunctions of Quran and Sunnah of the Holy Prophet. Section 10(3), 19 of Colonization of Govt. Land (PP) Act, 1912 r/w Punjab Govt. Notification No.4569-C dated 20.9.46 challenged being repugnant to injunctions of Islam Interest Act, 1839, section 22 of State Bank of Pakistan Act, 1956 & section 25(2), 26(1) of Banking Companies Ord. 1962 regarding recovery of interest challenged being repugnant to injunctions of Islam Law pertaining to execution of death after compromise challenged being repugnant to injunctions of Islam Punjab Acquisition of Land (Housing) Act, 1973 and Ordinance No.III of 1974 challenged being repugnant to injunctions of Islam Section 141 of Customs Act, 1969 regarding imposition of tax on imported goods for personal use or for gift challenged being repugnant to injunctions of Islam Section 4 & 4(a) of the NWFP Tenancy Act, challenged being repugnant to injunctions of Islam Judicial usage and technicality
212 .
S.P.No.01/I/1982 Muhammad Hafizullah Vs. Govt. of Punjab
Petition was dismissed on Appeal not 19.5.1982 being non- filed maintainable.
213 .
S.P.No.01/K/1982 Sarfraz Hussain & others Vs. Federation of Pakistan
Dismissed on 10.8.1982 as Appeal not the matter relates to fiscal filed law.
214 .
S.P No.01/P/1982 Muhammad Ali etc. Vs. Govt. of Pakistan etc. S.P.No.02/I/1982 Rana Muhammad Shabbir Vs. Federation of Pakistan S.P.No.02/K/1982 Syed Maqsood Ali Vs. Govt. of Pakistan
Dismissed on 22.01.1983 as Appeal not the question raised in this filed case has already been decided by this Court vide S.P No. 04-P/1981. Petition was dismissed on 30.1.1984 as the Court had already considered the matter in the case of Hafiz Muhammad Amin Vs. Islamic Republic of Pakistan & another reported in PLD 1981 F.S.C 23. Dismissed on 22.11.1983 with observation that Court did not find any repugnancy with the Quran & Sunnah. Appeal filed in the Honble Supreme Court of Pakistan. Dismissed on 7.5.1986 Appeal not filed
215 .
216 .
217 . 218
S.P.No.03/I/1982 Syed Wared Shah Vs. Raj Wali etc. S.P.No.03/K/1982 Jalil Ahmed Khan
Dismissed as not pressed on Appeal not 24.10.1982. filed
Dismissed on 1.8.1982 as Appeal not the matter does not disclose filed
51 Vs. Fed: of Pakistan 219 . S.P.No.04/I/1982 Khuwaja Rafiq Ahmed Vs. Abdul Haleem etc. challenged being repugnant to injunctions of Islam Provision of Order IX, Rule 6 CPC r/w West Pakistan Urban Rent Restriction Ordinance,1959 challenged being repugnant to injunctions of Islam President Order No.3 of 1979 judicial usage relating to appointment of female judges / judicial challenged being repugnant to injunctions of Islam Section 8(1) of the Punjab Highway Ord. 1959 and Amendment Act, 1976 challenged being repugnant to injunctions of Islam Section 197 of Cr.P.C challenged being repugnant to injunctions of Islam Section 2(d) of the Punjab Ord. VII, 1978 challenged being repugnant to injunctions of Islam any cause of action. The petition returned being Appeal not incompetent and beyond the filed jurisdiction of this Court vide order dated 3.6.1982.
220 .
S.P.No.04/K/1982 Ansar Barni Vs. Fed: of Pakistan etc.
221 .
S.P.No.05/I/1982 Muhammad Bashir Vs. Govt. of Punjab
Dismissed on 10-8-1982PLD Appeal filed in 1983, FSC Page 73 the Hon.Supreme Court and has been dismissed as time barred Dated 2-111983 Dismissed on 6.2.1983 with Appeal not observation that the Court filed did not find any portion of law to be repugnant to the Holy Quran and Sunnah. Dismissed on 2.8.1982 having no jurisdiction as matter relates to procedural law. Dismissed on 12.1.1986. The Honble Court observed that it did not find any fault in the impugned provision of law.PLD 1986 FSC Page 49 Appeal not filed
222 . 223 .
S.P.No.05/K/1982 E. Sulleman Vs. Govt. of Sindh etc. S.P.No.06/I/1982 Raja Khush Bakhtur-Rehman etc. Vs. Province of Punjab etc.
224 .
S.P.No.06/K/1982 Contempt matter in S.P.No.4/K/1982 Ansar Barni Vs. Fed: of Pakistan S.P.No.07/I/1982 Allah Ditta etc. Vs. Islamic Republic of Pakistan etc. S.P.No.07/K/1982 Haji Muhammad Moizuddin Vs. Government of Sindh
225 .
226 .
Misreporting the proceeding of the Court in a petition relating to appointment of female judges / judicial in Punjab Acquisition of Land (Housing) Act, 1973 challenged being repugnant to injunctions of Islam Section 22 of the West Pakistan Urban Immovable Property Tax Act, 1958 challenged being repugnant to injunctions of Islam
Appeal filed in the Honble Supreme Court of Pakistan. Dismissed for non prosecution .dt.23.4.2009 Disposed of on 4.4.1983 as Appeal not apology tendered by the filed newspapers editors was accepted.
Petition returned being Appeal not incompetent on 15.8.1982. filed
1983
S. No. Shariat Petition No. & Party Names Law Challenged FSC Decision Appeal filed in the Hon.Suprem e Court of Pakistan or
52 not with Status The question involved in this Appeal has not case has already been filed. decided by this court and the matter is under appeal before the Supreme Court of Pakistan. Approved on note Portion by Hon. C.J. dated 18-1-1983
227 .
Sh.P.No.1/L/1983 Muhammad Ramzan Vs Federation of Pakistan and another
228 .
Sh.P.No.1-A/L/1983 Hasan Ali Qureshi Vs Government of the Punjab Province, Lahore Linked with Sh.P.No.2/L/1983 Linked with Sh.P.No.3/L/1983 Linked with Sh.P.No.1/I/1984
Implementation of Islamic law of Qasas and Diyat may Kindly be ordered and the Prevailing Law on the subject may kindly be declared as against the injunction of Holy Quran & Sunnah. Section 12 of the Punjab Civil Servants Act VIII of 1974 is repugnant to the Injunctions of Islam.
Allowed. No exception can be taken to other provisions of the laws referred to above except the provisions which have already been ordered to be amended vide our Judgment on the laws of Punjab Code Vol. III, IV and V. Dated 27-03-1984. PLD 1984, FSC Page 34,
The Supreme Court have dismissed the appeal S.A. No.6 of 1983, S.A.No.15,19 and 34 of 1984 S.A.No.1 of 1985 and S.A. No.14 of 1984 has allowed the provision of the statutes and statutary rules specified below, in there appeals have found to be repugnant 1. Section 13 clauses (i) and (ii) of civil servant Act, 1973. 2. Section 12 clause (i) of and (ii) of the Punjab Civil Servants Act, 1973. 3. Section 13 caluse (i) of Sind Civil Servants Act, 1973. 4. Section 13 clause (i) and (ii) of Baluchistan Civil Srvants Act, 1974. 5. Section 13 clause (i) of the NWFP Civil Srvants Act, 1973. 6. Sub-Rule 3 of the Rule 44 of Pakistan Cantonment Srvants Rules 1954, framed under
53 Cantonments Act, 1924. Dated: 11.3.1987 PLD 1987 SC Page 304 , Revew Petition is dismissed barred by time 17.2.1991 Appeal not filed
229 .
S.P No.01/P/1983 Amir Hussain Shah Vs. Govt. of Pakistan S.P.No.1/K/1983 Mahmood ul Hassan Vs. The Govt: of Pakistan through Attorney General of Pakistan Sh.P.No.1/Q/1983 Ghulam Kibria Khan Vs. Federation of Pakistan
230 .
Law pertaining to execution of death after compromise challenged being repugnant to injunctions of Islam Challenged certain provision s of the Insurance Act, 1938 r/w Insurance Notification Order, 1972. Challenging Section 9 of Ordinance 6 of 1979 regarding Imputation hand from wrist and fast from ankle as being repugnant to the Injunction of Islam. Judgment dated 30.6.1982 of FSC passed in its original suo-moto jurisdiction in respect of 72 of Motor Vehicle Act, 1939 & Motor Vehicle Ord. 1965 challenged being repugnant to injunctions of Islam Provisions of newly added sun rule (3) in the cantonment servants Rules 1954, in corporate through the S.R.O. 909(10/82 of the Gazette Notification dated 20th sept,1982, issued by the Ministry of Defence, be declared as repugnant to the Injunctions of Islam. And be Ordered to be deleted forthwith.
Original petition returned to petitioner on 03.10.1983.
Dismissed on 29.11.1983, as Appeal has not the petition is incompetent filed. and for want of jurisdiction
231 .
The appeal is dismissed on 10-4-1984.
232 .
Rev: Pet.No.01/I of 1983 Fed: of Pakistan Vs. Public at Large etc.
Dismissed on 9.10.1983 as the Honble Court did not find any ground to review the order.
Appeal filed in the Honble Supreme Court Dismissed on 6.2.1991.
233 .
Sh.P.No.2/L/1983 Muhammad Ramzan Qureshi Vs The Federal Government of Pakistan.
Dismissed. No exception can be taken to other provisions of the laws referred to above except the provisions which have already been ordered to be amended vide our Judgment on the laws of Punjab Code Vol. III, IV and V. Dated ; 27-03-1984, PLD 1984 FSC Page 34
The Supreme Court have dismissed the appeal S.A. No.6 of 1983, S.A.No.15,19 and 34 of 1984 S.A.No.1 of 1985 and S.A. No.14 of 1984 has allowed the provision of the statutes and statutary rules specified below, in there appeals have found to be repugnant 1. Section 13 clauses (i) and (ii) of civil servant Act, 1973.
54 2. Section 12 clause (i) of and (ii) of the Punjab Civil Servants Act, 1973. 3. Section 13 caluse (i) of Sind Civil Servants Act, 1973. 4. Section 13 clause (i) and (ii) of Baluchistan Civil Srvants Act, 1974. 5. Section 13 clause (i) of the NWFP Civil Srvants Act, 1973. 6. Sub-Rule 3 of the Rule 44 of Pakistan Cantonment Srvants Rules 1954, framed under Cantonments Act, 1924. Dated: 11.3.1987,PLD 1987 SC Page 304, Review petition is dismissed as barred by time on 17.2.1991. Appeal filed in the Honble Supreme Court Appeal Allowed on. 10.8,89, PLJ 1990 , SC Page 174, Revew petitions have been dismissed on 24.2.1991, and 7.5.1991.PLD 1991 SC Page 707, Appeal has not filed.
234 .
S.P.No.2/I/1983 Sultan Khan Vs. Govt. of NWFP
NWFP Tenancy (Fixation of Compensation of Land Lord) Rule, 1981 challenged being repugnant to injunctions of Islam
Dismissed on 27.3.1984 with observation that inaction of a man in a matter where specific remedy is provided in law shall amount to his consent since if he had any grievance, he would have gone for its redress to the court. Shariah principle of Skoot (silence) is thus analogous to the present principle of acquiescence. PLD 1986 FSC Page 7
235 .
236
S.P.No.2/K/1983 Maulana Abul Fateh Ghulam Rasool Vs. Advocate General, Sindh S.P.No.03/I/1983 Muhammad Iqbal
Not challenged any specific Law/Rules
Execution of death sentence after
Petition was returned to Appeal not petitioner on 10.12.1983. filed
55 Vs. Govt. of Pakistan compromise between the parties, was challenged being repugnant to injunctions of Islam The provisions of sections 17(1) and (1C) of the Pakistan Water and Power Development Authority Act, 1958 (Pakistan Act No. XXXI of 1658) are repugnant to the injunctions of Islam as laid down in the Holy Quran and Sunnah of the Holy Prophet (Peace be upon him).
237 .
Sh.P.No.3/L/1983 Raja Muhammad Fazil Vs Federal Government of Pakistan through Sectary power and natural Resources
Dismissed. No exception can be taken to other provisions of the laws referred to above except the provisions which have already been ordered to be amended vide our Judgment on the laws of Punjab Code Vol. III, IV and V. Judgment dated 27-031984. PLD 1984 FSC Page 34
The Supreme Court have dismissed the appeal S.A. No.6 of 1983, S.A.No.15,19 and 34 of 1984 S.A.No.1 of 1985 and S.A. No.14 of 1984 has allowed the provision of the statutes and statutary rules specified below, in there appeals have found to be repugnant 1. Section 13 clauses (i) and (ii) of civil servant Act, 1973. 2. Section 12 clause (i) of and (ii) of the Punjab Civil Servants Act, 1973. 3. Section 13 caluse (i) of Sind Civil Servants Act, 1973. 4. Section 13 clause (i) and (ii) of Baluchistan Civil Srvants Act, 1974. 5. Section 13 clause (i) of the NWFP Civil Srvants Act, 1973. 6. Sub-Rule 3 of the Rule 44 of Pakistan Cantonment Srvants Rules 1954, framed under Cantonments Act, 1924. Dated: 11.3.1987, PLD 1987 SC Page 304Rewev Petition is dismissed on 17.2.1991.
238 .
S.P.No.04/I/1983 Nisar alias Nisari etc. Vs. Govt. of Pakistan
Execution of death sentence after compromise between the parties was challenged being repugnant to injunctions of Islam.
Petition was returned petitioner on 03.01.1984
to Appeal not filed
56 239 . 240 . S.P.No.4/K/1983 Saeedullah Kazmi Vs. Fed. Govt: of Pakistan S.P.No.05/I/1983 Muhammad Hanif etc. Vs. Federation of Pakistan S.P.No.6/K/1983 Ibrahim Bhai and another Vs. Govt: of Pakistan and others S.P.No.7/K/1983 Saeed ullah Kazmi Vs. Fed. Govt: of Pakistan Linked with S.P.No.8/K/1983 Saeed ullah Kazmi Vs. Fed. Govt: of Pakistan S.P.No.9/K/1983 Islam Hussain Vs. NBP of Pakistan S.P.No.10/K/1983 Begum Rashida Patel and others Vs. Govt: of Pakistan Linked with S.P.No.11/K/1983 Begum Rashida Patel and others Vs. Govt: of Pakistan Linked with S.P.No.12/K/1983 Begum Rashida Patel and others Vs. Govt: of Pakistan Linked with S.P.No.13/K/1983 Begum Rashida Patel and others Vs. Govt: of Pakistan Not challenged any Law/Custom. Dismissed on 23.11.1983, as Filed in the S.C the petition is incompetent The appeal is dismissed on 14.5.1984 Petition having personal Appeal not grievance was returned to filed petitioner on 03.01.1984.
241 .
Detention after compromise between the parties, in case of an offence u/s 302 PPC was challenged being repugnant to injunctions of Islam. Against Interest
Dismissed on 14.12.1983, as Appeal has not beyond the jurisdiction of filed. this Court vide judgment reported as PLD 1983 FSC 43 No particular Law as defined Appeal has not by Art.203-D of the filed. Constitution has been challenged,returned due to objection by the office 25.7.1984
242 .
Personal grievances Challenge Usage/Custom
--- do ----Prayed for examination of Rule 15 and 17 of NBP Staff Services Rules, 1980. Challenged the provisions of sec: 6( c) of the Offence of Qazaf (EOH) Ord: 1979 as being repugnant to the Injunctions of Islam. --- do ----Dismissed on 25.4.1984 in the light of judgments of this Court SSM No.204/P/83, SSM No.84/S/84, SSM No.71/B/84 and SSM No.71/NWFP/84 dt: 27.3.1984. S.P.Nos.10, 11, 12 and 13-K of 1983 have been dismissed on 25.7.1989. However S.P.No.14-K-83 and S.P.No.2-L-1985 have been partly allowed. PLD .1989 FSC Page 95 Appeal has not filed.
243 .
244 .
Appeal has Pending
Appeal has Pending Challenged the provisions of sec: 6( b) of the Offences Against Property (EOH) Ord: 1979 as being repugnant to the Injunctions of Islam. Challenged the provisions of sec: 8( b) of the Offence of Zina (EOH) Ord: 1979 as being repugnant to the Injunctions of Islam Challenged the provisions of sec: 9( b) of the Prohibition Appeal has Pending
Appeal has Pending
57 Linked with S.P.No.14/K/1983 Begum Rashida Patel and others Vs. Govt: of Pakistan Linked with S.P.No.2/L/1985 Muhammad Vs. Federation of Pakistan (EOH) Ord: 1979 as being repugnant to the Injunctions of Islam. Challenged the provisions of sec: 9(4) & 10 of the Offence of Zina (EOH) Ord: 1979 as being repugnant to the Injunctions of Islam Challenged the provision of sec: 10 of the Offence of Zina (EOH) Ord: 1979 as being repugnant to the Injunction of Islam. Appeal has dismissed as withdrawn on 8.1.2007
Appeal has dismissed as withdrawn on 8.1.2007
1984
S. No. Shariat Petition No. & Party Names Law Challenged FSC Decision Appeal filed in the Hon.Suprem e Court of Pakistan or not with Status The Supreme Court have dismissed the appeal S.A. No.6 of 1983, S.A.No.15,19 and 34 of 1984 S.A.No.1 of 1985 and S.A. No.14 of 1984 has allowed the provision of the statutes and statutary rules specified below, in there appeals have found to be repugnant 1. Section 13 clauses (i) and (ii) of civil servant Act, 1973. 2. Section 12 clause (i) of and (ii) of the Punjab Civil Servants Act, 1973. 3. Section 13 caluse (i) of Sind Civil Servants Act, 1973.
245 .
Sh.P.No.1/I/1984 Ch. Muhammad Danishmand Vs The Government of Pakistan L/W Sh.P.No.1-A/L/1983 Linked with Sh.P.No.2/L/1983 Linked with Sh.P.No.3/L/1983 Linked with
Provisions of newly added sun rule (3) in the cantonment servants Rules 1954, in corporate through the S.R.O. 909(10/82 of the Gazette Notification dated 20th sept,1982, issued by the Ministry of Defense, be declared as repugnant to the Injunctions of Islam. And be Ordered to be deleted forthwith.
Dismissed on dated 27-3-1984 No exception can be taken to other provisions of the laws referred to above except the provisions which have already been ordered to be amended vide our Judgment on the laws of Punjab Code Vol. III, IV and V. PLD 1984 FSC Page 34
58 4. Section 13 clause (i) and (ii) of Baluchistan Civil Srvants Act, 1974. 5. Section 13 clause (i) of the NWFP Civil Srvants Act, 1973. 6. Sub-Rule 3 of the Rule 44 of Pakistan Cantonment Srvants Rules 1954, framed under Cantonments Act, 1924. Dated: 11.3.1987, PLD
1987 SC Page 304,Rewew
246 .
Sh.P.No.1/L/1984 Muhammad Ismail Qureshi Vs The Islamic Republic of Pakistan. Linked with Sh.P.No.6/L/1987 Linked with S.S.M.No.106/1987
Section 295(A) & 298(A) PPC may Kindly be examined in the light of grounds as mentioned in the petition and these Sections of the Penal Code may kindly be declared as repugnant to the Holy Quran & Sunnah to the extent of nonprovision of punishment to the contemnor of Prophet hood. Regular Laws, Laws of Qalat, Shariat Regulation of Baluchistan, C.P.C Ord. No.1 of 1967 Cr.P.c, Ord. No.2 1967 challenged being repugnant to injunctions of Islam Issuance of Ordinance for amending section 13 of the Passport Act, 1974 challenged being repugnant to injunctions of Islam The law pertaining to the execution of the death sentence in which the parties
petition is dismissed on 17.2.1991. Allowed on dated 30-10- Appeal has not 1990. Judgment placed on filed. the file in Sh.P.No.6/L/1987.
247 .
S.P No.01/Q/1984 Basharatullah Advocate Vs. Govt. of Baluchistan etc.
Petition returned 29.7.1984 incompetent
on Appeal not being filed
248 .
S.P.No.02/I/1984 Khawaja Ghulam Muhammad Dar Vs. Federal Govt. of Pakistan Sh.P.No.3/L/1984 Muhammad Idrees and others Vs
Dismissed having no merit Appeal not on 23.1.1984. filed
249 .
Dismissed. Due to personal Appeal has not relief the petition is filed. consequently not entertain able by full beach dated 5-8-
59 Government of Pakistan. are entitled to compromise is repugnant to Islam and Sunnah. The death penalty cannot be executed till full opportunity heirs of deceased. Section 401 Cr.P.c r/w section 302 PPC regarding execution of death sentence after compromise challenged being repugnant to injunctions of Islam Praying that Subsection (a) of sec: 11-A of the legal fractioned and Bar Council is (Amendment) Ordinance, 1982 be declared as void, being absolutely repugnant to the Injunctions of Islam. The Public Order (Political Uniforms) Ordinance, XV of 1958 containing Prohibition on wearing uniforms and preparing for armed defiance are repugnant to the Injunction of Islam as laid down in the Holy Quran and Sunnah of the Holy Prophet (PBUH). Law pertaining to execution of death sentence after compromise of the parties challenged being repugnant to injunctions of Islam Request for decision declaration of Para 10(2) of M.L.R.115 being an un-Islamic and in derivation to the canons and Injunctions of Islam. Martial Order No.131 and Lahore Graveyard (Preservation & Maintenance) Ord. Act, 1958 and The Miani Sahib Graveyard Ordinance, 1962 challenged being repugnant to 1984.
250 .
Sh.P.No.03/I/1984 Obyar Vs. Federation of Pakistan etc.
Dismissed on 9.4.1984 as Appeal not the same matter was filed already decided by Shariat Bench of Peshawar High Court as reported in PLD 1980 Peshawar 1 Dismissed on 25.4.1984 , as Appeal not there is no ground to filed interfere with the law assailed before the court
251 .
Sh.P.No.3/K/1984 Sheikh Mushtaq Ali Vs. Govt: of Pakistan through Attorney General for Pakistan
252 .
Sh.P.No.4/L/1984 Ch. Khuirshid Khalid 2 others Vs The Government of Pakistan
Dismissed on dated 5-12-1984.PLD 1986 Page 5
Appeal has not FSC filed.
253 .
S.P.No.04/I/1984 Amraish & Parvez Vs. Federal Govt. of Pakistan Sh.P.No.5/L/1984 Ch. Habib Ahmed Shafi Vs The Government of Pakistan.
Petition returned to Appeal not petitioner on 4.2.1984 filed having no jurisdiction.
254 .
255 .
Sh.P.No.05/I/1984 Muhammad Hayat etc. Vs. Chairman Miani Sahib Qabristan etc. L/W S.P.No.06I/1984
The Federal Shariat Court has already been decided this point in reported Judgment PLD 1981-FSC-23 (Hafiz Muhammad Ameen Vs Islamic Republic of Pakistan. In view of aforesaid the Petition is dismissed on 22-1-1985. Dismissed on 7.3.1984 having no jurisdiction.
Appeal not filed
60 256 . Sh.P.No.5/K/1984 Sheikh Mushtaq Ali Advocate Vs. Government of Pakistan injunctions of Islam. Prayed that (a) portion of 294 PPC, put-in bracket and underline.Chellenge d lottries is being repugnant to the injuction of Islam. Announced on 15.6.1989. The Court has held that section 294-A is thus repugnant to the Injunctions of Islam and Sunnah for the reasons ; a) It permits the Provincial Govt: on the State to operate lotteries which may be against the Injunctions of Islam. b) It prohibits even the lotteries as discussed above. c) Again even sec: 294-B does not differentiate between lawful and unlawful lotteries. The two sec: thus need to be suitably amended in the light of the above discussion to conform to the Injunctions of Islam. The Court has further desire that the President of Pakistan shall take steps to amend the sections 294-A and 294-B suitably as stated above on or before the 1.12.1989, failing which they shall case to have affect. PLD 1989 FSC Page 60 The matter, there is no merit in this petition and it has dismissed on dated 15-51985. Appeal in filed in Supreme Court of Pakistan and Partly Allowed Dated 8-11992, SD 1992 Page 316
257 .
Sh.P.No.6/L/1984 Muhammad Hussain Choudhary Vs The Government of Pakistan
258 .
Sh.P.No.06/I/1984 Mushtaq Ali Shah Vs. Chairman Miani Sahib Qabristan Committee
259 .
Sh.P.No.07/I/1984 Amir Nazir Khan Vs. Government of Pakistan etc.
Request for amendment the Proviso Para 4(1) of the Punjab Nationalized Schools (Mens and Womens Section) Teaching Posts Rules, 1974. (Requirement for the Post of Headmaster) praying that this Honble Court may declared proviso to above rules with relevant portion of the main rule (4) as Un-Islamic. Martial Order No.131 and Lahore Graveyard (Preservation & Maintenance) Ord. Act, 1958 and The Miani Sahib Graveyard Ord. 1962 challenged being repugnant to injunctions of Islam Execution of death sentence after compromise of the parties challenged being repugnant to injunctions of Islam
61 260 . Sh.P.No.8/K/1984 Faqir Abdul Waheed Siddiqui, Advocate Vs. Federation of Pakistan Sh.P.No.09/I/1984 Muhammad Siddique Vs. The State Sh.P.No.10/I/1984 Raja Bashir Ahmed Vs. Govt. of Pakistan Prayed that clause (g) of sub-section (2) of Section 3 and section 14 of the Foreigners Act, 1946 be declared as repugnant to the injunctions of Islam Execution of death sentence after compromise of the parties challenged being repugnant to injunctions of Islam Provision of section 17 (2)(vi) of Cantonment Rent Restriction Act, 1963 challenged being repugnant to injunctions of Islam Section 8(b) of Tenancy Act, 1950 and the said amending Act (iii)challenged being repugnant to injunctions of Islam No specific provision of law but personal grievance challenged being repugnant to injunctions of Islam Section 4(1),(b),(c) & NWFP Tenancy Act XXV of 1950 together with NWFP Tenancy (Fixation of Compensation to the Land Lords) Rules, 1950 and the NWFP Tenancy (Fixation of Compensation to the Landlords) Rules 1981 challenged being repugnant to injunctions of Islam Provisions of Punjab Acquisition of Land (Housing Act) 1973 Challenged being repugnant to injunctions of Islam Provision of Medical Dental Degree Ord. 1982 challenged being repugnant to injunctions of Islam. Dismissed in limine on Not filed 15.12.1986, as the petitioner has not pressed the petition.
261 .
262 .
263 .
Sh.P.No.11/I/1984 Alam Din Vs. Govt. of NWFP
Disposed of having Appeal not withdrawn on 8.1.1986. filed
264 .
265 .
S.P.No.12/I/1984 Rana Farooq Ahmed Khan Vs. The Federal Govt. of Pakistan S.P.No.13/I/1984 Qazi Abdul Rashid etc. Vs. Provincial Govt. of NWFP
Petition returned to Appeal not petitioner on 25.3.1984 filed having no jurisdiction
The Honble Court did not Appeal not find any justification to take filed a view different from S.P No.2-I/1983 consequently petition was dismissed in limine on 8.1.1985
266 .
S.P.No.14/I/1984 Jamil Abbas Gardezi Vs. Govt. of Pakistan etc. S.P.No.15/I/1984 M. Saleem Vice President Supreme Dental Council of Pakistan Vs. Federation of Pakistan Sh.P.No.16/I/1984 Molvi Mehboob-urRehman
Dismissed as withdrawn on Appeal not 7.1.1986 as the Act has filed already been repealed.
267 .
268 .
Judgment passed in S.P No.16-I/1984 challenged being
The Honble Court already considered the vires of this Ordinance vide judgment on SSM No.352/83 whereby the Ord. XXVI of 1982 has been held to be not against the principles of Sharia, therefore the petition was dismissed on 14.5.1984 Petition was dismissed on 10.11.1988 as no valid reason; no question of
Appeal not filed
Appeal not filed
62 repugnant to injunctions of Islam Addition of sections 298-B and 298-C in PPC and declaring that anti-Islamic activities of Qadiani Group / Lahori L/W Group & Ahmedis (Prohibition & S.P.No.02-L/1984 Punishment) Ord. Captain (Retd) Abdul 1984 challenged Wajid being repugnant to Vs. injunctions of Islam Attorney General of Pakistan Vs. Govt. of NWFP Sh.P.No.17/I/1984 Mujeeb-ur-Rehman Vs. Federal Govt. of Pakistan review of the previous order arises. Dismissed on 12.8.1984 having no force with observation that Qadianis not a part of Muslim Ummah as proved by their conduct. Qadiani constitutes separate Ummah. Mulsims and Qadianis do not belong to same Ummah. Qadianis are bound by declaration that according to constitution they are non-Muslim. Qadiani can be candidates to National / Provincial Assemblies for seat reserved for non-Muslim in suit involving question of their faith must call themselves non-Muslims. No legal right can be claimed by Qadiani on assumption of their being Muslim. Insistence of Qadianis of calling themselves Muslim is, therefore, is clearly unconstitutional. The prohibition against propagation of the religion of Ahmedis is not contrary to the Quran & Sunnah of the Holy Prophet (P.B.U.H). This prohibition is also consequential to the declaration of Ahmedis or Qadianis as non-Muslims and restrained against their posing as Muslim. PLD 1985 FSC Page 8 Dismissed in limine on 26.9.1984 with observation that this Ordinance has not banned the keeping or arms/weapons what has only regulated it. As arms/weapons can be used both for good as well as bad purpose. The Govt. has imposed restriction for obtaining licenses for their possession so as to ensure that the arms may not come within the possession of wrong persons and cause harm and mischief to the public. Petition returned to petitioner having not jurisdiction on 27.8.1984.
269 .
Appeal filed in the Honble Supreme Court of Pakistan and have been dismissed as withdrawn on 10-1-1988 and 11-1-1988, SCMR . 1988 Page 897
270 .
Sh.P.No.18/I/1984 Choudhary Khurshid Khalid Vs. Federation of Pakistan
Section 4, 9, 13 & 20 of Pakistan Arms Ord. XX of 1965 challenged being repugnant to injunctions of Islam.
Appeal not filed
271 .
272 .
Sh.P.No.19/I/1984 Choudhary Khurshid Khalid Vs. Federation of Pakistan Sh.P.No.20/I/1984 Qaisar Aftab Ahmed Vs. Secretary General Ministry of Defence
Civil Servant Act LXXI of 1973 challenged being repugnant to injunctions of Islam MLR-52 regarding grievance about the termination of service challenged being repugnant to
Appeal not filed
Dismissed for want jurisdiction on 31.3.1885
of Appeal not filed
63 injunctions of Islam 273 . 274 . Sh.P.No.21/I/1984 Malik Altaf Hussain Vs. Secretary General Ministry of Defence Sh.P.No.22/I/1984 Haji Qudrat Ali & other Vs. Government of NWFP Section 6 of MLR-52 challenged being repugnant to injunctions of Islam. Customary law contained in section 1 and 3 of Wajib-ulArz 1872, 1904-05 and 1946-47 challenged being repugnant to injunctions of Islam. Disposed of as withdrawn on Appeal not 10.4.1985. filed
275 . 276 . 277 .
Sh.P.No.23/I/1984 Qaisar Aftab Ahmed Vs. Secretary General Defense Sh.P.No.24/I/1984 Malik Aftab Hussain Vs. Secretary General Defense Sh.P.No.25/I/1984 Maqbool Hussain Qureshi Vs. The Federal Govt. etc.
Section 6 of MLR-52 challenged being repugnant to injunctions of Islam. Section 5 & 6 of MLR-52 challenged being repugnant to injunctions of Islam. Rule 15 (i) of National Bank of Pakistan (Staff Service Rules) 1980 challenged being repugnant to injunctions of Islam.
Dismissed having no force on 5.11.1984 with observation that Muzarat which is a contract between a landlord and peasant on specific share in the crop in which the sowing, protecting, irrigating, cutting etc of the crop is the wholly responsibility of peasant is admissible in Shariah. Disposed having withdrawn on 10.4.1985
Appeal filed in the Honble Supreme Court of Pakistan and dismissed on dated 9-91992.
Appeal not filed
Disposed having withdrawn Appeal not on 10.4.1985 filed
278 .
279 .
Sh.P.No.26/I/1984 Malik Muhammad Sadiq & other Vs. Federal Govt. of Pakistan L/W S.P.No.10-I/1984 L/W S.P.No.27-I/1984 S.P.No.27/I/1984 Ashfaq Ahmed Vs. Govt. of Pakistan & another S.P.No.28I/1984 Niazo alias Niaz Muhammad Vs. Govt. of Pakistan etc.
Section 17(2),(vi) of Cantonment Rent Restriction Act, 1963 challenged being repugnant to injunctions of Islam.
Dismissed having no merit on 22.10.1985 with observation that National Bank of Pakistan is a commercial organization and therefore the impugned rule 15(a) of National Bank of Pakistan is the repugnant to Shariah.PLD 1986 FSC Page 1 Disposed of as withdrawn on 22.5.1985.
Appeal not filed
Appeal not filed
280 .
Section 17(2)(vi) of Cantonment Rent Restriction Act, 1963 challenged being repugnant to injunctions of Islam Section 302 PPC, 345, 401, 402, 402(a) & 402(b) Cr.P.C execution of death sentence after compromise challenged being repugnant to injunctions of Islam
Dismissed on 10.1.1985 the same matter has already been decided by this Court in S.P.No.4-P/1981 and the appeal is pending in the Honble Supreme Court.
Appeal filed in the Honble Supreme Court of Pakistan.
1985
S. No. Shariat Petition No. & Party Names Law Challenged FSC Decision Appeal filed in the Hon.Suprem
64 e Court of Pakistan or not with Status Disposed of as withdraw on Appeal not 7.1.1986. filed
281 .
Sh.P.No.01/I/1985 Fayyaz Akbar Vs. Government of Pakistan etc. Sh.P.No.1/L/1985 Ahmed Khan. Vs. University of Engineering and Technology Lahore through vice chancellor and one other Sh.P.No.1/K/1985 Mr.Majid Nazimi etc Vs. Federation of Pakistan
282 .
Punjab Act, XII of 1985, Punjab Acquisition of Land (Housing) Act, 1973 challenged being repugnant to injunctions of Islam The petitioner has claimed the write of implement under Islamic code of life.
Not fixed before the court Appeal has not and returned to the filed. petitioner on 12-2-1985
283 .
Challenged the proviso to section 499 PPC as being repugnant to the Injunctions of Islam.
284 .
S.P.No.02/I/1985 Janas Vs. Provincial Govt. of NWFP S.P.No.2/K/1985 Sayed Shahid Ali and others Vs. Govt. of Punjab and others S.P.No.03/I/1985 Muhammad Saeed etc. Vs. Govt. of NWFP etc. Sh.P.No.3/L/1985 Zulfiqar Ahmed Vs. Government of Punjab
285 .
286 .
287 .
288 .
S.P.No.3/K/1985 Saeedullah Kazmi Vs. Govt: of Pakistan
Para 650 of the Customary Law of Late Swat challenged being repugnant to injunctions of Islam. Challenged the Waqf Properties Ordinance, 1961 and Punjab Waqf Properties Ord: IV of 1979 Para 650 of the Customary Law of Late Swat challenged being repugnant to injunctions of Islam The Miani Sahib Graveyard Ordinance, 1962 (West Pakistan Ordinance No. XLIB 1962) and Martial Law Order No.31 have been petitioner prayed that the above Laws may kindly be declared Quran and Sunnah. Prayed that the Marching of the Women National Guard in Military Uniform and their participation on the
Disposed of on 24.3.1987, as the petition has become infructuous. The point involve in this petition has already been done by the Govt:, vide Cr.Law (Amendment) Act, (IV of 1986), 1986 as published in the gazette of Pakistan extra ordinary, part 1 dt: 5.11.1986 Disposed as withdrawn on 22.10.1985.
Appeal not filed
Disposed of on 2.1.1990 as Appeal has not not pressed. filed.
Disposed as withdrawn on Appeal not 22.10.1985. filed
Dismissed on 9-2-1986 as Appeal has not this court has in fact already filed. taken the same decision in S.P.No.5/I and 6/I 1984, to say that these provision are not un Islamic.
Dismissed on 24.3.1987 as Appeal has not the petitioner has not filed. challenge any law
65 March Past occasion, without observing pardah before public, is against the Injunctions of Holy Quran and Sunnah Rule 15 (1) of the Muslim Commercial Bank (Staff Services Rules) 1981 petitioner prayed that the due rules perused in the light of vary from Holy Quran and being repugnant to the Injunctions of Islam. Basic Pay Scale Point to Point Formula issued by Govt. of Pakistan in 1983 challenged being repugnant to injunctions of Islam Lifeless flags are like statutes and their solution is against the Injunctions of Islam Para 4(1) of the Punjab Nationalized School (Men & Women section) Teaching post 1974 has been challenged as UnIslamic and void. Section 17(2)(vi) of the Cantonment Rent Restriction Act, 1963 challenge being repugnant to injunctions of Islam
289 .
Sh.P.No.4/L/1985 Mian Nisar-ul- Haq etc Vs. Islamic Republic of Pakistan etc
Dismissed on 2-2-1986.
290 .
S.P.No.04/I/1985 Sakhi Muhammad Vs. Govt. of Pakistan etc.
291 . 292 .
S.P.No.4/K/1985 Saeed Ullahs Kazmi Vs. Govt: of Pakistan S.P.No.5/L/1985 Muhammad Sharif Choudhary Vs. The Government of Punjab through Secretary Education Civil Secretariat Lahore S.P.No.05/I/1985 Ashfaq Ahmed Vs. Govt. of Pakistan etc. L/W S.P.No.60/I/1990 L/W S.P.No.71/I/1990 L/W S.P.No.9/L/1990 S.P.No.5/K/1985 Shabihul Hassan Naqvi Vs. Federation Government of Pakistan etc Sh.P.No.6/L/1985 Muhammad Hussain Choudhary Vs. The Chairman Board of Intermediate and Secondary Education, Lahore
Dismissed on 26.3.1991 with observation that Court did not find anything in the instruction in the Govt. of Punjab to be repugnant to the injunctions of Islam and Court cannot give personal sort of relief to petitioner. Dismissed on 24.3.1987 as the petitioner has not challenge any law
Appeal filed in the Honble Supreme Court of Pakistan. Dismissed on 17-5-99 Appeal has not filed.
Dismissed on 15.5.1985. The Appeal has not reasons for dismissing the filed. petition has been recorded in the judgment of Sh.P.No.6-L-1984
293 .
Dismissed on 25-9-1991
Appeal has filed. Pending
294 .
Personal grievance
Returned to the petitioner Appeal has not due to un complete on filed. 19.12.1985
295 .
Rules 6 (1) (VI) and (VII) of the Regulations for Intermediate Examination framed for the Board of Intermediate and Secondary
Dismissed on 15.5.1985 as Appeal has not the rules are thus based on filed. the Public Good) And as there is no discrimination whatever they cannot be said to be repugnant to the injunctions of Islamp.
66 Education Lahore as they are repugnant to the injunction of Islam. Family Act 1939 Order 8 has been challenged.
296 .
297 .
Sh.P.No.8/L/1985 Haq Nawaz Vs. Government of Pakistan through secretary Ministry of Law and Justice Sh.P.No.9/L/1985 Mirza Abdul Qadeer Baig etc. Vs. Government of Punjab and others
Dismissed on 2.2.1986 as Appeal has not the definition of Talaq (Ela) filed. has been described in book Al-Fiqa Reference may also be read in the book Alfiqa Alalmazahib al Arbia. Dismissed on 2.2.1986 as Appeal has not having no jurisdiction. filed.
Section 3 of the Punjab Urban Immovable Property Tax Act 1958 and section 137 of the Punjab Local Government Ordinance of 1979 the petitioner prayed that the impugned provisions of law may kindly be declared as repugnant to the Injunctions of Islam.
1986
S. No. Shariat Petition No. & Party Names Law Challenged Appeal filed in the Hon.Suprem e Court of Pakistan or not with Status Disposed of on 20.2.1986 as Appeal has not having not been pressed. filed. The petitioner states that he has got an opinion from a Muslim Jurist that the every concept of court fee and stamps are against the law. Petition allowed. Honble Appeal filed Court held that sub section SD 1994 page 3(1) of this Act to extent of 205 requisitioning of property of officers and section 7 to the extent of failure of payment of rent as well as subsequent payment of interest thereon, and section 11 and 12 to the extent of ouster of judiciary are repugnant to injunctions of Islam vide Court judgment dated 12.8.1991.PLD 1992 FSC Page 252 Dismissed on 16.12.1986 as Appeal has not the petitioner has not filed. challenge any law Dismissed on 5.10.1986 as Appeal not the Court did not find any filed jurisdiction to entertain this petition. FSC Decision
298 .
Sh.P.No.1/L/1986 Mr.M.Salim Akhtar Vs. Government of Punjab S.P.No.01/I/1986 Amin Jan Naeem Vs. Federation of Pakistan
Regarding the fixation commission of stamps vendor has been challenged Section 3(1),7 & 11 of the West Pakistan Requisitioning of Immovable Property (Temporary Powers) Act, 1956 challenged being repugnant to injunctions of Islam
299 .
300 . 301 .
S.P.No.1/K/1986 Najmuddin Vs. Zaenab d/o Qurban Hussain S.P No.01/P/1986 Nekzada alias Akhund Vs. Federation of Pakistan
Personal grievance.
Section 381 Cr.P.C regarding issuance of execution warrant unconditionally, section 400 Cr.P.C
67 relating to return of warrant, section 3 to 9 of Punjab Jail Manual regarding keeping the petitioner confined in death cell challenged being repugnant to injunctions of Islam Denial of ownership and possessory right of land under the 1st part of para 650 of the Customary Law of Late State of Swat, challenged being repugnant to injunctions of Islam Section 4 Muslim Family Laws Ordinance, 1961 petitioner prayed that above section of law repugnant to the Injunction of Islam. Prayed that this Court to declare the customs of Mujalis, Qul, Some, Tenth, Twentyth, Fortyth and Death Anniversary for EESAL-E-SAWAB etc Petition for declaration Masjid Shahid Ganj as a place worship for the Muslims/ of the Muslims and the said place of worship cannot be turned and converted into any other place.
302 .
Sh.P.No.02/I/1986 Janas & others Vs. Govt. of NWFP & others
Disposed of as withdrawn on Appeal not 4.3.1986. filed
303 .
S.P.No.2/L/1986 Muhammad Suleman Vs. Federal Government of Pakistan S.P.No.2/K/1986 Saeedullah Kazmi Vs. Federation of Pakistan
Disposed of on 22.1.1987 as Appeal has not no one appeared to filed. prosecute this petition. As the Family Laws are not within the jurisdiction of this court at present Dismissed on 24.3.1987 for Appeal has not want of jurisdiction. filed.
304 .
305 .
Sh.P.No.3/L/1986 Muhammad Saddique Chugti Vs. The Federal Govt: of Pakistan LINKEDWITH Sh.P.No.9/L/1986 Muhammad Saddique Chugti Vs. The Federal Govt: of Pakistan and others LINKEDWITH Sh.P.No.13/L/1989 Muhammad Saddique Chugtai Vs. The Federal Govt: of Pakistan and others
Disposed of as having been Appeal has not withdrawn on 18.11.1987 filed. and to redraft it in accordance with Article 203D of the Constitution and the rules on the point.
Withdrawn on 18-6-1989 as the petitioner wants to file another petition in accordance with the rules.
Petition for declaration Masjid Shahid Ganj as a place worship for the Muslims/ of the Muslims and the said place of worship cannot be turned and converted into any other place.
Dismissed in limine on 2.6.1991 as the learned counsel has failed to point out any law and provision of law.
Petition for declaration Masjid Shahid Ganj as a place worship for the Muslims/ of
68 the Muslims and the said place of worship cannot be turned and converted into any other place. S.P.No.03/I/1986 Denial of ownership Muhammad Saeed and possessory etc. right of land under Vs. the 1st part of para Govt. of NWFP etc. 650 of the Customary Law of Late State of Swat, challenged being repugnant to injunctions of Islam S.P.No.04/I/1986 Para 6 and 11 of Khan Muhammad Martial Law Vs. Regulation No.52 Federal Govt. of regarding Pakistan through compulsory Ministry of Defence retirement from statutory corporation and other organization, challenged being repugnant to injunctions of Islam. Sh.P.No.4/L/1986 Seeks legislations Mr. Ghulam Rasool for those who Advocate preach theories Vs. other than National The President of (Patriotance) theory Pakistan etc and he request that severe punishment should be provided for such people. S.P.No.05/I/1986 Cooperative Society Sindh Govt. Act, 1925, section Employees 1(2) of Zakat & Cooperative Housing Ushr Ord. 1980 and Society Ltd Rule 17 to 19, 21 & Vs. 23 challenged being Federation of repugnant to Pakistan etc. injunctions of Islam Sh.P.No.5/L/1986 The provision of Syed Aziz-ul Islam Martial Law through General Regulation No.115 Attorney Abdul of 1972 regarding Ghafoor and others ceiling on Vs. ownership of the Federation of property and Pakistan and others acquisition of surplus land without compensation. The petitioner prayed that the same be examined and decalred to be Injunction of Islam.
306 .
307 .
Dismissed on 5.10.1986 as Appeal not the same subject matter was filed already decided in S.S.M No.263-A/83.
308 .
Dismissed in limine on Appeal has not 17.11.1986 as the direction filed. of the nature prayed for by the petitioner is not within the jurisdiction of this court.
309 .
With regard to the second Appeal not prayer of the petition, the filed petition was partly allowed vide Court order dated 8.10.1987.
310 .
Dismissed in limine on 17.11.1986 as this court has already held in Hafiz Muhammad Amin vs. The Islamic Republic of Pakistan (PLD 1981 FSC 23) that this matter is not within the jurisdiction of this court.
Paragraph 25(1) of the regulation has already been repugnant PLD-1986 SC Page- 360. Sh.A.No.1,3,8, 9,10 of 1981 and 1 of 1987 are Allowed and Sh. A.No 4 of 1981 with reservation contained in Para 3 above of 1984 are partly Allow dated on 10-81989 PLD 1990 SC Page99. and The
69 Rev.Petition has been dismissed being barred by time dated 14-12-1991 Disposed of as withdrawn on Appeal not 4.12.1986. filed
311 .
S.P.No.06/I/1986 Muhammad Akram etc. Vs. Chairman PIA
312 .
Sh.P.No.6/L/1986 Muhammad Yaqoob Vs. Muhammad Ali and others
313 .
S.P.No.07/I/1986 Mst. Sonar Begum Vs. Fed: of Pakistan
Martial Law Regulation No.52 regarding compulsory retirement from statutory corporation and other organization, challenged being repugnant to injunctions of Islam Challenged the mutation No.468 of 8th of October 1983, whereby a Muslim made a gift to one, depriving the other heirs.the petitioner prayed the this petition may kindly be accepted, and the impugned mutatuion No.466, dated 8-10-1983 as referred to above, may kindly be cancelled. Section 5 of Punjab Laws Act, 1872 challenged being repugnant to injunctions of Islam
Dismissed on 14.4.1988 as Appeal has not this question concerns filed. Personal Law which is outside of the jurisdiction of this court.
314 . 315 .
S.P.No.08I/1986 Janas & others Vs. Govt. of NWFP S.P.No.09/I/1986 Muhammad Saeed & others Vs. Govt. of NWFP LINKEDWITH Sh.P.No.3/L/1986 LINKEDWITH Sh.P.No.13/L/1989 Sh.P.No.09/L/1986 Muhammad Saddique Vs. Federation of Pakistan.
Para No.650 of Rawajnama of State Swat challenged being repugnant to injunctions of Islam Para No.650 of Rawajnama of State Swat challenged being repugnant to injunctions of Islam
Dismissed on 11.10.1987 having no substance with observation that all such customs in relation to succession shall be deemed to have been abolished in view of the Act, 1962 and Ord. of 1972,PLD 1988 FSC Page 1 The petition dismissed being infructuous and not having jurisdiction vide Court order dated 26.10.1986
Appeal filed in the Honble Supreme Court of Pakistan. Dismissed on 14.2.1993 Appeal not filed
The petition dismissed being Appeal not infructuous and not having filed jurisdiction vide Court order dated 26.10.1986
316 .
Petition for declaration Masjid Shahid Ganj as a place worship for the Muslims/ of the Muslims and the said place of worship cannot be turned and converted into any other place.
Withdrawn on 18-6-1989 as Appeal not the petitioner wants to file filed another petition in accordance with the rules.
70 317 . S.P.No.10/I/1986 Khushi Muhammad Vs. Govt. of Pakistan etc. Compensation Act and Limitation Act and rules there under relating to compulsory removal from service challenged being repugnant to injunctions of Islam Petition for declaration Masjid Shahid Ganj as a place worship for the Muslims/ of the Muslims and the said place of worship cannot be turned and converted into any other place. Petition was returned to Appeal not petitioner having no filed jurisdiction on 30.11.1986.
318 .
Sh.P.No.13/L/1986 Muhammad Saddique Chughtai Vs. The Federal Govt: of Pakistan and others
Dismissed in limine on Appeal has not 2.6.1991 as the learned filed. counsel has failed to point out any law and provision of law.
1987
S. No. Shariat Petition No. & Party Names Law Challenged Appeal filed in the Hon.Suprem e Court of Pakistan or not with Status Disposed of as withdrawn on Appeal not 9.4.1990 as the Punjab Govt. filed has already promulgated Punjab Pre emption Ord. 1990, the petitioner has no grievance left. Dismissed on 2.4.1987, on Appeal not the ground that the date filed that this court can fix will be a date after the period of appeal and in no case retrospectively. FSC Decision
319 .
S.P.No.01/I/1987 Noor Ahmed Vs. Govt. of Punjab Sh.P.No.1/L/1987 Sultan Ahmed Vs. Federation of Pakistan through Secretary Ministry of Justice and Parliamentary Affairs Islamabad and seven others L/W Sh.P.No.2/L/1987
320 .
321 . 322 .
S.P.No.1/K/1987 Saeedullah Kazmi Vs. Federation of Pakistan Rev: Pet.No.01 I/1987 Muhammad Alif Subhani Vs. Federal Govt. of Pakistan
Section 15 of Punjab Pre emption Act, 1913 challenged being repugnant to injunctions of Islam Prays that the date from which the preemption Act is in operative and in effective under the decision of the Supreme Court Appellant Bench reported as PLD 1986 SC 360, should be the date when the first legislation of Pakistan was enacted and not thereafter. Challenged custom of dower.
Dismissed on 25.3.1987 Appeal not having been found no merit filed in the petition The Honble Court took Appeal not review of its previous filed decision passed in Sh.P.No.4/I/87 dated 25.2.1987 with observation that the department shall either convey the specific technical objection for correcting the declaration form or shall take a decision in accordance with the
Section 3(a) of Zakat and Ushr Ord. 1980 challenged being repugnant to injunctions of Islam
71 Quran and Sunnah and inform the petitioner accordingly. Dismissed on 29.4.1987 with observation that the period of limitation is not repugnant of Quran and Sunnah. This settles the question of validity of the limitation period in other enactment also vide PLD 1981 FSC 23 Dismissed on 2.4.1987, on the ground that the date that this court can fix will be a date after the period of appeal and in no case retrospectively
323 .
S.P.No.02/I/1987 Ghulam Ahmed Awan Vs. The State
Limitation fixed in the Punjab Pre emption Act for the institution of the suit challenged being repugnant to injunctions of Islam Prays that the date from which the preemption Act is in operative and in effective under the decision of the Supreme Court Appellant Bench reported as PLD 1986 SC 360, should be the date when the first legislation of Pakistan was enacted and not thereafter. Assailed Rule 17 (1) (a) of the NBP staff service Rules 1980 as repugnant to the Injunctions of Islam.
Appeal not filed
324 .
Sh.P.No.2/L/1987 Sultan Ahmed etc Vs. Federation of Pakistan through Secretary Ministry of Justice and Parliamentary Affairs Islamabad and three others L/W Sh.P.No.1/L/1987
Appeal not filed
325 .
S.P.No.2/K/1987 S.A Zubairy Vs. NBP Linkedwith
S.P.No.3/K/1987 Abdul Majid Qurashi Vs. Govt. of Pakistan
Challenged section 3 of the Corporation Employees (Special Powers) Ord: XIII of 1978 as repugnant to the Injunctions of Islam Prevention from offering prayer by police escort in the mosque of hospital
Allowed on 20.2.1989 as the Not Filed in similar provisions challenged the Supreme before this court and the Court Supreme Court were declared repugnant to the Injunctions of Islam as contained in the Holy Quran and Sunnah of the Holy Prophet (PBUH). It was also found that the exercise of the authority there under will result in injustice Zulm and Ziaditi. The result is that Rule 17(1)(a) is found to be the Injunctions of Islam in so far as it is discriminatory and does not provide for due notice of the action proposed to be taken alongwith the reasons for it and opportunity of showing caused against such action. It has also been held that the President shall take steps to amend the above rules so as to bring it in conformity with the Injunctions of Islam by the 31.8.1989 failing which it shall cease to have effect. PLD 1989 FSC Page 35 Allowed on 20.2.1989 on the ground that sec: 3 is declared repugnant to the Injunctions of Islam PLD 1989 FSC page 31 Disposed of on 24.5.987 with Appeal not observation that the Honble filed Court felt no jurisdiction to proceed further in the
326 .
S.P.No.03/I/1987 Major Muhammad Sadiq Vs.
72 Govt. of Pakistan 327 . Sh.P.No.3/L/1987 Muhammad Waheed Asad Vs. Govt: of Pakistan through Secretary Health Division of Pakistan Islamabad challenged being repugnant to injunctions of Islam Rule 31 of the Drugs (Licensing, registering and advertising) Rules, 1976 peitioner prayed that the provision of the above rule may kindly be declared repugnant to the Holy Quran and Sunnah of the Holy Prophet (PBUH) and derected to be deleted from the statute Book. Challenged section 3 of the Corporation Employees (Special Powers) Ord: XIII of 1978 as repugnant to the Injunctions of Islam Section 3(a) of Zakat and Ushr Ord. 1980 challenged being repugnant to injunctions of Islam Prays that death sentence of his son may be converted into life imprisonment. matter. Disposed of on 22.6.1989, as Appeal not the Rule now made is thus in filed accordance with the provisions of Sharia and consequently no further interference called for.
328 .
S.P.No.3/K/1987 Abdul Majid Qurashi Vs. Govt. of Pakistan
Allowed on 20.2.1989 on the Appeal not ground that sec: 3 is filed declared repugnant to the Injunctions of Islam PLD 1989 FSC Page 31 Dismissed in limine on 25.2.1987 as the grievance pertains to fiscal matter, which has not so far been given under the jurisdiction of this Court. Disposed of on 14.4.1988 on the ground that the grievance of the petitioner and the prayer made therein do not fall within the jurisdiction of this Court. It, however, deserves close attention of the President. Disposed of as withdrawn on 19.2.1989. Appeal not filed
329 .
330 .
Sh.P.No.04/I/1987 Muhammad Alif Subhani Vs. Federal Govt. of Pakistan Sh.P.No.4/L/1987 Muhammad Bakhsh Vs. The State
331 . 332 .
S.P.No.4/K/1987 M.Shafi Muhammadi Vs. Federation of Pakistan S.P.No.05/I/1987 Faqir Muhammad Vs. Govt. of Punjab etc.
Challenged Art: 270-A of the Constitution and Sec: 129,130,131 of the Cr.P.C. Section 5 & 7 of Punjab Pre emption Act, 1913 challenged being repugnant to injunctions of Islam. Petitioner prayed that Section 122 transfer of Property Act may kindly be declared to the Injunctions of Islam. Challenged sec: 248 Cr.P.C. as repugnant to the Injunctions of Islam. Section 15 of Punjab Pre emption Act, 1913 challenged being
333 .
Sh.P.No.5/L/1987 Abdur Rashid Vs. Federation of Pakistan S.P.No.5/K/1987 Ismail Azad Vs. Fed. Govt. of Pakistan S.P.No.06/I/1987 Ghulam Ahmed Awan Vs.
334 . 335 .
Allowed. The petition with direction that section 5 & 7 of the said Act shall be amended by the Provincial Govt. within a period of four months from the date of this judgment.29.11.1987,PLD 1988-FSC Page 35 Dismissed on 14.4.1988, as the question, however, stands expressly excluded from the jurisdiction of this court and the petition cannot be entertained. Dismissed on 6.6.1988 for want of jurisdiction.
Appeal filed in the Honble Supreme Court of Pakistan. Dismissed on 19-2-1991 Appeal not filed
Appeal not filed
73 Govt. of Pakistan 336 . Sh.P.No.6/L/1987 Muhammad Ismail Qureshi Vs. Pakistan through Secretary Law and Preliminary Affairs, Govt: of Pakistan and an other Linked with Sh.P.No.1/L/1984 Linked with S.S.M.No.106/1987 repugnant to injunctions of Islam Prays that the provision of punishment as life imprisonment from the offence of disrespect or contempt of the Holy Prophet, provided in section 295-C of the PPC be del cared as null and void.
337 .
Sh.P.No.07/I/1987 Abdul Rehman Khan Vs. Govt. of Pakistan Sh.P.No.7/L/1987 Muhammad Suleman Vs. Muslim Commercial Bank LTD etc
Deduction of zakat even on savings challenged being repugnant to injunctions of Islam. Challenged that the provisions of various enactment, terms and conditions mentioned in the mortgaged deed with regard to the recovery of interest may kindly be declared to be illegal and void being against the injunctions of Islam. The translations of verses of the Holy Quran done by Maulana Mehmoodul-Hasan and Maulana Ashraf Ali Thanvi challenged being repugnant to injunctions of Islam.
338 .
Vide judgment dated 30-101990 the court has been pleased to order that the alternate punishment of life imprisonment as provided in section 295-PPC is repugnant to the injunctions of Islam as given in the Holy Quran and Sunnah and therefore, the said words be deleted there from. The court has further been pleased to order that a clause may further be added to this section so as to make the same Acts or things when said about other Prophets, also offence with the same punishment as suggests in the judgment. The court has further been pleased to order that a copy of this order shall be sent to the President of Pakistan under article 203-B (3) of the Constitution to take steps to amend the Law so as to bring the same in conformity with the injunctions of Islam. In case, this is not done by 30.4.1991, the words or imprisonment for life occurring in section 295-PPC shall cease to have effect on that date. (PLD 1991 FSC Page 10 ) Dismissed on 24.3.1987 with observation that as the objection meant to challenge a fiscal law and Honble Court could not entertain the same at this stage. Disposed of as not pressed on 2.4.1987, as the jurisdiction to look into the fiscal laws with regard to their repugnancy to Quran and Sunnah has not yet been vested with this court.
Shariat appeal filed in Supreme Court. Dismissed as withdrawn on 19-5-1991
Appeal not filed
Appeal not filed
339 .
Sh.P.No.08/I/1987 Babu Haji Muhammad Banaras Vs. Federation of Pakistan
Dismissed on 29.4.1987 with Appeal not observation that translation filed made by individuals cannot be deemed to have force of law.
74 340 . Sh.P.No.8/L/1987 Muhammad Alam Vs. Federal Government of Pakistan etc Challenged the inheritance of the right of pre-emption under Section 15 of the Punjab Preemption Act 1913, being repugnant to the injunction of Islam. Personal grivences challenged being repugnant to injunctions of Islam. Prays that the provision of Section 302 of PPC and the schedule of the court of criminal procedure with regards to section 2 PPC and the Laws relating to mercy, be declared as repugnant to the injunctions of Islam. Prays that clause 3 of section 7 of the Pakistan essential service (Maintenance) Act 1952, may be declared repugnant to the injunction of Islam. Disposed of as withdrawn on Appeal not 25.5.1989. filed
341 . 342 .
Sh.P.No.09/I/1987 Malik Nazeer Ahmed Vs. Muhammad Jameel Sh.P.No.9/L/1987 Haq Dad Khan Vs. The Federal Government of Pakistan through Secretary Law and Justice, Govt: of Pakistan and another
Dismissed on 30.4.1987 Appeal not having not jurisdiction filed Vide judgment dated 8.11.1988 the court has been pleased to order that the prayer of petition is covered by judgment of the Shariat appellant bench. The matter being agitated in this petition has already been decided by the court. If advised, petitioner may approach the Shariat appellant bench of the Supreme Court. Disposed off. Dismissed on 18.11.1987 on the ground that no provision of such law is shown to be repugnant to the Holy Quran and Sunnah of the Holy Prophet (PBUH). The court has further been pleased to order that the learned counsel is not in a position to show any provision of the Pakistan Essential Service (Maintenance) Act 1952, whereby some grievance is caused to an imply but now right redress is given. Dismissed on 30.4.1987 as no provision of law was challenged. Dismissed having no merit vide court judgment dated 2.7.1989 with observation that fixing a time limit in presentation or proving a particular is not repugnant to injunctions of Islam. This view has also taken in Muhammad Amin Vs. Islamic Republic of Pakistan PLD 1981 FSC 23. (PLD 1989 FSC Page 89 ) Disposed of having no merit on 18.11.1987. The court has further been pleased to order that the court cannot hold something which is not shown to exist to be repugnant to the Holy Quran and Sunnah of the Holy Prophet (PBUH). Appeal not filed
343 .
Sh.P.No.10/L/1987 Abdul Haq Vs. Federation of Pakistan
Appeal not filed
344 . 345 .
Sh.P.No.10/I/1987 Muhammad Ishaq Khan Vs. Govt. of Pakistan Sh.P.No.11/I/1987 Maqbool Ahmed Qureshi Vs. Govt. of Pakistan
No specific law or provisions were challenged being repugnant to injunctions of Islam. Section 28 of Limitation Act, 1908 regarding adverse possession challenged being repugnant to injunctions of Islam.
Appeal not filed
Appeal filed in the Honble Supreme Court of Pakistan and Allowed on 22-5-91 SCMR 1991 Page 2063
346 .
Sh.P.No.11/L/1987 Brig.(Retd) Muhammad Sabir Mullick Vs. Govt: of Pakistan through secretary Justice Division
Challenges section 1(2) of the Foreign Exchange (Prevention payment) Ordinance 1972 (Ordinance No.XXX of 1972) as incorporated in Act
75 XXII of 1972 as also section 1(2) of the amending Ordinance No. XXIII of 1973, alongwith the validation section 6-A of Act No.VI of 1974, on the ground that the same are repugnant to the injunctions of Islam as contained in Holy Quran and the Sunnah of the Holy Prophet of PBUH. Section 4 of Muslim Family Ord. 1961 challenged being repugnant to injunctions of Islam. Challenged the judgment dated 57-1987 alongwith the decree passed by the learned District Judge Toba Take Singh as being repugnant to the injunctions of Islam. Challenged Punjab Civil Servant (amendment) Act 1987 whereby an employ has been deprived of his
defence after termination of
347 . 348 .
Sh.P.No.12/I/1987 Abdul Jabbar Vs. Federation of Pakistan etc. Sh.P.No.12/L/1987 Asghar Ali Vs. Sardar Ali and two others
Disposed of as not pressed Appeal not on 8.10.1987. filed
Disposed of on 14.1.1988 on Appeal has not the ground that the filed. petitioner does not want to press this petition. Deposed of as withdrawn.
349 .
Sh.P.No.13/L/1987 Haq Nawaz Kausary Vs. Government of the Punjab etc
350 . 351 .
Sh.P.No.13/I/1987 Ghulam Rasool Vs. Federal Govt. of Pakistan S.P.No.14/I/1987 Lt. Col. Ret. Bashirud-Din Ahmed Vs. Govt. of Pakistan etc. Sh.P.No.15/I/1987 Mst. Nasim Akhtar Niaz Vs. President of Pakistan
352 .
353 . 354 .
Sh.P.No.16/I/1987 Muhammad Iqbal Mufuckir Vs. Govt. of Pakistan Sh.P.No.17/I/1987 Mulvi Muhammad Ghani Vs.
service. Section 4 of Muslim Family Ord. 1961 challenged being repugnant to injunctions of Islam. Provisions of Zakat & Ushr Ord. 1980 pertaining to the deduction of Zakat challenged being repugnant to injunctions of Islam. The prerogative powers of President of Pakistan to pardon or remit death sentence challenged being repugnant to injunctions of Islam. Section 1(3) (i)(a) of Zakat & Ushr Ord. 1980 challenged being repugnant to injunctions of Islam. Seeking knowledge regarding right of pre emption on the demise of property.
Disposed of as not pressed Appeal not on 8.10.1987. filed
Disposed of being fiscal Appeal not matter and out of jurisdiction filed on 7.10.1987
Disposed of on 2.2.1989 being out of jurisdiction of this Court and being matter sub-judice in the Honble Supreme Court.
Appeal filed in the Honble Supreme Court of Pakistan and dismissed on dated 17-21991 Dismissed on 7.10.1987 as Appeal not the matter is of fiscal nature filed and being out of jurisdiction. The question being raised Appeal not does not pertain to this filed Court, therefore, dismissed on 17.1.1988
76 355 . Govt. of Pakistan Sh.P.No.18/I/1987 Zafar Awan Vs. Islamic Republic of Pakistan L/W Sh.P.No.19/I/1987 Zafar Awan Vs. Islamic Republic of Pakistan. Section 197 of Cr.P.C and section 6(5) of Cr.P.C Law Amendment Act, 1958 challenged being repugnant to injunctions of Islam. Allowed on 29.6.1989 with observation that the provision of the sanction of the President , the Governor of a Province r any other executive authority is, is therefore, repugnant to injunctions of the Holy Quran and Sunnah and directed for suitably amendment before 1.1.1990.PLD 1989 FSC page 84 Allowed on 29.6.1989 with observation that the provision of the sanction of the President, the Governor of a Province r any other executive authority is, is therefore, repugnant to injunctions of the Holy Quran and Sunnah and directed for suitably amendment before 1.1.1990. PLD 1989 FSC page 84 Disposed of as withdrawn on 6.11.1988 Appeal filed in the Honble Supreme Court of Pakistan and dismissed on dated 30-111991.SCJ 1992 page 305 Revew petition dismissed on 11.10.2004
356 .
Sh.P.No.19/I/1987 Zafar Awan Vs. Islamic Republic of Pakistan.
Section 197 of Cr.P.C and section 6(5) of P. Cr. Law Amendment Act, 1958 challenged being repugnant to injunctions of Islam.
Appeal filed SCJ 1992 page 305 Revew petition dismissed on 11.10.2004
357 .
Sh.P.No.20/I/1987 Abdul Rauf Khan Vs. Pakistan & 8 other etc.
Section 4 of Muslim Family Law Ord. 1961 challenged being repugnant to injunctions of Islam.
Appeal not filed
1988
S. No. Shariat Petition No. & Party Names Law Challenged Appeal filed in the Hon.Suprem e Court of Pakistan or not with Status Dismissed in limine. Appeal has not It is neither necessary nor filed. proper to pass any order in this case. The order of the Supreme Court to be passed in the above noted case will cover the situation. Order dated; 2-2- 1989. FSC Decision
358 .
Sh.P.No.1/I/1988 Niaz Ahmed Vs Islamic Republic of Pakistan & etc
359 .
Sh.Ref.No.1/I/1988 Muhammad Yousaf etc Vs The State
Challenged Section 401 Cr.P.C (power Exercised by the Governor of Punjab) relating to Commuting the sentence of death of Riaz Ahmed to imprisonment for life. Vide letter are dated 8-11-1987 is repugnant to Injunction of Islam. Request for decision application for the suspension/recall of the order of execution of death penalty issued by the sessions Judge Faisalabad for 4-71988 to the superintendent Central Jail Sahiwal. The Sessions Judge, Faisalabad U/S 4
The Court has found no Appeal has not merit in this application and filed. reference and the same has dismissed in limine on dated 7-7-1988 Approved for Reporting.PLD 1988-FSC Page 113
77 Enforcement of Shariat Ordinance, 1988, Stating therein that the Sentence of Death cannot be executed unless complainant party is asked whether they are ready to accept Diat or want Qasas. The execution Order as being repugnant to the Injunction of Islam. The petitioner has challenged Section 2 & 3 of the Punjab Muslim personal Law application (Removal of difficulties) Act of 1975 and found repugnant to the injunctions of Islam.
360 .
Sh.P.No.1/L/1988 Manzoor Ahmed Vs The Province of Punjab.
The Court has found the Appeal has not principal of Taqadam and filed. Tamadi are well-known in Islam and, therefore, no repugnancy of any nature is therein. The result is that this petition has no merit and has dismissed on dated 14-4-1988.
361 .
Sh.P.No.1/K/1988 Inamur Rehman Vs The Government of Pakistan
362 .
S.P No.01/P/1988 Dilaram Vs. Zakirullah & others
363 .
Sh.P.No. 2/I/1988 Miss. Khalida and another Vs The State
Challenged Provision of Section 2(3) and Section 4 of the exchange (Prevention of Payment) Act, 1972 is voilative of the Injunctions of Islam. For the reason that they inter-alia authorized breach of contract, breach of trust, destroy sanctity of private property, permit discrimination and allow retrospective application. Section 4 of Muslim Family Law Ord. 1961 regarding inherited property challenged being repugnant to injunctions of Islam Requested through this petition that the Court issue release order under the Islamic Law the life convictive had already undergone 12 years imprisonment the Father and Mother of decided have excused the accused through Affidavit before special Magistrate
Allowed. The Court has declared that Section 2(3) and 4 to be repugnant to the Quran and Sunnah. Judgment dated; 24-5-1990.
Appeal filed in supreme Court and dismissed withdrawn on 20-2-1993
Disposed of on 13.3.1989 as Appeal not the matter falls outside the filed jurisdiction of this Court.
Disposed of. Appeal has not The case has already been filed. filed before the Supreme Court of Pakistan by the petitioner which is still pending and the matter is not within jurisdiction of this Court too. Order dated; 2-2-1989.
78 Mirpur Khas and given their joint statement before District Magistrate thearparkar Sind. 364 . Sh.P.No.2/L/1988 Muhammad Ikramul-Haq Chaudhry Vs The Government of Pakistan. Challenged the Provisions of section 8(2) the Punjab Preemption Act 1913 are repugnant to the injunction of Islam as laid down in the Holy Quran and Sunnah. This Court and The Supreme Appeal has not Court of Pakistan has filed. already been declared as Un-Islamic the power of the Government to exempt certain lands from preemption vide judgment reported as P.L.D. 1986 S.C.360 N.L.R.1986 S.C.J 446, N.L.R. 1986 S.D.212 and N.L.R.1988 S.D.224. After Perusing the judgments on the point it has been decided to withdraw the petition for the reason that the needful appears to have of as having been withdrawn on dated 18-10-1988
Linked with
Sh.P.No.7/L/1988 Nazar Hussain Vs Government of Punjab.
365 .
366 .
Sh.P.No.2/K/1988 Syed Tanweer Hussain Zahidi Vs House Building Finance Corporation Sh.P No.02/P/1988 Sikandar Khan Vs. Govt. of Pakistan etc.
367 .
Sh.P.No.3/I/1988 M. Altaf Tariq Vs Government of Pakistan Sh.P.No.3/L/1988 Dr. Muhammad Yaqoob Bhatti Vs The Government of Pakistan.
368 .
Challenged the Provisions of section 8(2) the Punjab Preemption Act 1913 are repugnant to the injunction of Islam as laid down in the Holy Quran and Sunnah. The petitioner has prayed for direction to write off the Interest on Loan and discontinuance of further interest. Section 25 of the Civil Servant Act, 1973 regarding composition, cadre & seniority challenged being repugnant to injunctions of Islam Requested that the Courts give/obtain Justice inexpensive. Issue of Court Fees being repugnant to the Injunctions of Islam. The Petitioner has filed this petition stating therein that section 13 of Civil servants Act, 1973 was declared as repugnant to the injunctions of Islam by the federal Shariat Court as well as by the
do
Office has informed to Appeal has not petitioner dated 7-11-1988 filed. that the matter involve does not lie within the jurisdiction of this Court. Disposed of on 13.3.1989 as Appeal not the matter did not fall within filed the jurisdiction of this Court.
Disposed of as withdrawn. Order dated; 9-1-1989.
If advised be may approach Appeal has not the High Court for a direction filed. or other relief. Inform accordingly. (Note Portion at Para 10, approve by Chief Justice on dated 14-5-1988.
79 Shariat Appellate Bench of supreme Court of Pakistan. He further stated that he applied for his reinstatement as he has not reached the normal age of superannuation of 60 years but government has not considered his case on the Ground that decision of the Shariat Appellate Bench does not apply to those cases in which order of retirement had been passed before the date of judgment and the cases of retirement decided in the past under Section 13 of the Civil Servants Act, 1973 cannot be re-opened. Reply of the Federal Government is at F/A. The petitioner has dis-satisfied with order dated 9-51988 passed by Honble High Court Sind Hyderabad Circuit in Civil R.A.No.87 of 88, Bashir Ahmed Vs III rd Additional District Judge, Nawabshah. That this Honble Court may be pleased to declare that the Law of Limitation is against the fundamental Principles of Islam. Challenged Section Rules 5 and 8 of the Government Servants (Efficiency and Discipline) Rules, 1973, on the ground that they are repugnant to the Injunction of the Holy Quran and the Sunnah. Punjab Civil Servants (Efficiency & Discipline) Rules, 1975.
369 .
Sh.P.No.3/K/1988 Bashir Ahmed Khanzada Vs III rd A.D.J and law of Limitation
The office has informed to Appeal has not petitioner dated on 4-12- filed. 1988 that matter involve does not lie within the jurisdiction of this Court.
370 .
Sh.P.No.4/I/1988 I.A.Sahrwani Vs The Government of Pakistan Linked With S.S.M.No.4/P/1989
Dismissed. The Court has declared that rule 53 FR and all the Parallel rules of the Provinces are repugnant to Quran and Sunnah of the Holy Prophet. Order dated; 8-11-1990. MLD 1991, Page 2613,
Appeal filed in the Honble Supreme Court of Pakistan and dismissed on dated 15-21993. NLR 1994, SDPage 197
Linked With
Dismissed. The Court has declared that rule 53 FR and all the Parallel rules of the Provinces are repugnant to
80 Quran and Sunnah of the Holy Prophet. Order dated; 8-11-1990. Sindh Civil Servants (Efficiency & Discipline) Rules, 1973. Dismissed. The Court has declared that rule 53 FR and all the Parallel rules of the Provinces are repugnant to Quran and Sunnah of the Holy Prophet. Order dated; 8-11-1990. Dismissed. The Court has declared that rule 53 FR and all the Parallel rules of the Provinces are repugnant to Quran and Sunnah of the Holy Prophet. Order dated; 8-11-1990. Dismissed. The Court has declared that rule 53 FR and all the Parallel rules of the Provinces are repugnant to Quran and Sunnah of the Holy Prophet. Order dated; 8-11-1990 The jurisdiction of this Court Appeal has not only extends to existing laws filed. and they can be declared repugnant with the prospective effect, the Court cannot make any decision about a law which has already been repealed or expired. There is thus no merit in this petition and the same has dismissed on dated 8-12-1988.
S.S.M.No.5/S/1989
Linked With
S.S.M.No.6/NWFP of 1989 NWFP Civil Servants (Efficiency & Discipline) Rules, 1973.
Linked With
S.S.M.No.7/B/1989
Baluchistan Civil Servants (Efficiency & Discipline) Rules, 1974.
371 .
Sh.P.No.4/L/1988 Syed Nawazish Ali Vs Federation of Pakistan.
372 .
Sh.P.No.4/K/1988 Abdur Rab Jaffery etc Vs Government of Pakistan Linked with Sh.P.No.26/I/1988 Linked with Sh.P.No.3/L/1989 Linked with Sh.P.No.5/I/1989 Linked with Sh.P.No.65/I/1992 Linked with Sh.P.No.12/I/1990 Sh.P.No.5/I/1988 Shad Muhammad
Petitioner has prayed that CMLA Order No.3 of 1982 under the title the provisional Constituent (second amendment) order 1982 inserting Article 13/A in the provisional Constitution order, 1981 may Kindly be declared against the injunction of Islam as laid down in Holy Quran and Sunnah. Section 12 and 21of the representation of the Peoples Act, 1976. Sections 2(C) and 4 of the Political Parties Act, 1962.
The Court has declared that Appeal has not the Political parties Act, filed. 1962 has been repealed and has been replaced by the Political order, 2002 (Chief Executive Order No.18 of 2002). In view of what is stated above, the above named petition and all the connected petitions have become infructuous and disposed of accordingly. Dated: 20.05.2008
373
Challenged Article 22 of the Land
Dismissed. Appeal has not The Court has already been filed.
81 Vs Government of Pakistan Reforms Regulation 1972 (MLR 115) as being repugnant to the Injunction of Islam. discussed these challenged points in its reported Judgment in PLD 1981 FSC23 Judgment dated; 8-11-1988.
Linked With Sh.P.No.10/I/1988 Muhammad Anwar Vs Ministry of Law Linked With Challenged Article 22 of the Land Reforms Regulation 1972 (MLR 115). as being repugnant to the Injunction of Islam. Dismissed. The Court has already been discussed these challenged points in its reported Judgment in PLD 1981 FSC23 Judgment dated; 8-11-1988.
Sh.P.No.11/I/1988 Mst. Bashira Vs Federation of Pakistan Linked With
Challenged Article 22 of the Land Reforms Regulation 1972 (MLR 115) as being repugnant to the Injunction of Islam.
Dismissed. The Court has already been discussed these challenged points in its reported Judgment in PLD 1981 FSC23 Judgment dated; 8-11-1988.
Sh.P.No.17/I/1988 Muhammad Akram Vs Government of Pakistan.
Challenged Article 22 of the Land Reforms Regulation 1972 (MLR 115) as being repugnant to the Injunction of Islam. The petitioner has challenged Section 8(2) of the Punjab Pre-emption Act on the ground that it is repugnant to the Injunctions of Islam as contained in the Holy Quran and Sunnah. He further stated that the supreme Court of Pakistan and this Court has already declared as unIslamic the power of the Government to exempt certain lands from preemption vide judgments reported as P.L.D. 1986 S.C.360 N.L.R.1986 S.C.J.446 N.L.R. 1986 S.D.212 and N.L.R.1988 S.D.224. He felt aggrieved that no specific
Dismissed. The Court has already been discussed these challenged points in its reported Judgment in PLD 1981 FSC23 Judgment dated; 8-11-1988.
374 .
Sh.P.No.5/L/1988 Muhammad Aslam Behleem Vs Province of Punjab and another.
The petitioner, After the Appeal has not perusing the judgment on filed. the point he has been decided to withdraw the petition for the reason that the needful appears to have already been done. This petition shall stand disposed of as having been withdrawn. Dated: 18-10-1988.
82 section has been mentioned in the judgment despite the fact that the power of the Government has been declared as un-Islamic. The petitioner has challenged through petition the Section 84 of the cantonment Act, 1924, is in accord with the Injunctions of Islam as contained in the Holy Quran and the Sunnah of the Holy Prophet. Section of Cent Act, 1984. Cantonment Act: Section 13-A, 24, 25, 46, etc have also been challenged above cited grounds.
375 .
Sh.P.No.5-A/L of 1988 Dr. A.M.Khan Vs The Government of Pakistan.
376 .
Sh.P.No.5-B/L of 1988 Dr. A.M.Khan Vs The Government of Pakistan.
377 .
Sh.P.No.5-C/L of 1988 Dr. A.M.Khan Vs The Government of Pakistan.
378 .
Sh.P.No.5/K/1988 Muhammad Yousaf Rustamani Vs Provision of Sindh and another
379 .
Sh.P.No.6/I/1988 Jamil-ur-Rehman Vs
The petitioner has challenged sections 8,9,10 and 21 of the Canal and Drainage Act 1873, on the ground that they are repugnant to the Injunctions of Islam as given in the holy Quran and the Sunnah of the Holy Prophet. The petitioner has challenged the Provisions of the Land Revenue Act, 1967 that they are repugnant to the Injunctions of Islam as given in the holy Quran and the Sunnah of the Holy Prophet. Challenged Section 37(1) of the Mehran University of Engineering and Technology Act, 1977 (Sind Act, IV 1977) as repugnant to the Injunction of Islam. (Compulsory Retirement after 25 years of Qualifying Service). Challenged section 18(3), 22-A, 50(2) and 54 of the Land
The petition has dismissed on dated 26.3.1991 By Large Bench. District magistrate has no direct powers or say in the affair of the Cantonment and by virtue of Section 13-A of the said Act district Magistrate is not a member of Board. He can only nominate Ist Class Magistrate on the Board consisting of so many members. In view of this situation and legal position the appointment of district magistrate as appellate authority is not repugnant to the Injunction of Islam as laid down in the Holy Quran and Sunnah of the Holy Prophet (S.A.W)(PBUH) The Petitioner has not able to point out any such defect. In this view of the matter, the Court found no merit in this petition and the same has, therefore, dismissed.
After hearing the petitioner Appeal has not for some time again the filed. Court found that there is nothing repugnant in any of the laws pointed out by petitioner. This petition shall, therefore, stand disposed of accordingly. Dated: 27-3-1989. Allowed. Appeal has not The FSC has declared that filed. the involve Section found to be repugnant to the Injunction of Islam. Judgment dated; 7-6-1989.
Accepted. Appeal filed in The Court has declared that the Honble these Sections are found Supreme
83 Government of Pakistan Acquisition Act, 1894 being repugnant to the Injunctions of Islam. repugnant to the Injunctions of Islam and further directed to Government that the necessary amendment shall be made by the 30th September, 1989. Order dated; 30-3-1989. Court of Pakistan and dismissed on dated 18-21991
380 .
Sh.P.No.6/L/1988 Hassan Ali Qureshi Vs The Government of Punjab.
381 .
Sh.P.No.7/I/1988 Muhammad Irshad Vs Government of Pakistan
382 .
Sh.P.No.7/L/1988 Nazar Hussain Vs Government of Punjab.
Linked with
The petitioner wants and has prayed the interpretation of Supreme Court this Court decision in Sh.P.No. 1/L/1983 regarding provision of Section 12 (ii) of Civil Servant Act, 1974 held against the Injunctions of Holy Quran and Sunnah of the Holy Prophet. Filed petition against the conviction and sentence (25 years and fine of Rs.25, 000) which has been sentence by Marshala Court. The compromise between the parties has been completed. The Father of decease has forgiven the murder of his son. He has prayed that the Court to release from the Jail and has Imprisonment as being repugnant to the Injunctions of Islam. Challenged the Provisions of section 8(2) the Punjab Preemption Act 1913 are repugnant to the injunction of Islam as laid down in the Holy Quran and Sunnah.
After approval of the Hon. Appeal has not Chief Justice, the office has filed. informed the petitioner that the matter does not fall within the Jurisdiction of this Court. You may approach relevant forum i.e High Court for a direction or other relief. Dated: 11-8-1988.
Disposed of, because the Appeal has not Father of the petitioner has filed. pointed out that an appeal has been filed before the Shariat appellate Bench of the Supreme Court of Pakistan which is pending for decision. Order dated; 2-2-1989.
Sh.P.No.2/L/1988 Muhammad Ikramul-Haq Chaudhry Vs The Government of Pakistan.
This Court and The Supreme Appeal has not Court of Pakistan has filed. already been declared as Un-Islamic the power of the Government to exempt certain lands from preemption vide judgment reported as P.L.D. 1986 S.C.360 N.L.R.1986 S.C.J 446, N.L.R. 1986 S.D.212 and N.L.R.1988 S.D.224. After Perusing the judgments on the point it has been decided to withdraw the petition for the reason that Challenged the the needful appears to have Provisions of section of as have already been 8(2) the Punjab Pre- done. These petitions shall emption Act 1913 stand disposed of as having are repugnant to been withdrawn on dated the injunction of 18-10-1988 Islam as laid down in the Holy Quran
84 and Sunnah.
Sh.P.No.11/L/1988 Muhammad Jamil Khan Vs The Government of Punjab etc.
The petitioner has challenged Section 7 of the Punjab Preemption Act on the ground that it is repugnant to the injunctions of Islam as contained in the Holy Quran and Sunnah. Challenged section 24 of the NWFP preemption Act No X of 1987 for the deposit of 1/3rd of the sale price in cash and 2/3rd of the sale price as a Bank guarantee in a Preemption suit is repugnant to the Injunctions of Islam. The Petitioner has challenged SubSection 10 of Section 4 of the enforcement of Shariah Ordinance, 1988 promulgated on 15th June 1988 so as to come into force at once vide Section 1 (4) on the ground as to the Injunctions of Islam without any doubt. Requested that the Court declare the compound interest to the Injunctions of Islam. Request stays Executions of sentence of death through this Shariat petition. Challenged Article 22 of the Land Reforms Regulation 1972 (MLR 115) as being repugnant to the Injunction of Islam.
-do-
383 .
Sh.P.No.8/I/1988 Sikander Vs Muhammad Anwar
Disposed of. Appeal has not According to learned counsel filed. this petition is yet under consideration before the District Judge Abbottabad. Order dated; 6-11-1988.
384 .
Sh.P.No.8/L/1988 Dr. Muhammad Yaqub Bhatti Vs The Government of Pakistan
As the provisions of the law Appeal has not sought to be assailed in this filed. petition have already lapsed due to efflux of time, this petition abates and shall stand disposed. Dated: 24-5-1989.
385 . 386 .
Sh.P.No.9/I/1988 Nek Muhammad Vs UBL etc Sh.P.No.9/L/1988 Muhammad Ramzan Vs The Federation of Pakistan & others. Sh.P.No.10/I/1988 Muhammad Anwar Vs Ministry of Law Linked With Sh.P.No.5/I/1988 Linked With Sh.P.No.11/I/1988 Linked With Sh.P.No.17/I/1988 Sh.P.No.10/L/1988 Muhammad Aslam Vs
Returned because the Court Appeal has not has no jurisdiction filed. Dated; 30-7-1988. The petitioner does not Appeal has not press this petition and wants filed. to withdraw it. Petition has disposed of accordingly. Dated: 7-7-1988. Dismissed. The Court has already been discussed these challenged points in its reported Judgment in PLD 1981 FSC23 Judgment dated; 8-11-1988. Appeal filed in the Honble Supreme Court of Pakistan and Allowed on dated 23-21993.
387 .
388 .
Prayed that the law relating t issuance of black warrants of
The petitioner does not Appeal has not press this petition and wants filed. to withdraw it. Petition has
85 The Federation of Pakistan death prior to to giving the time to the accused person for negotiation with the heirs of the deceased for Dayat be declared, against the canons of Islam and the respondents may kindly be directed to provide an opportunity to Aslam for negotiation with the heirs of the deceased person for settlement of Dayat. Request stays Executions of sentence of death through this Shariat petition. Challenged Article 22 of the Land Reforms Regulation 1972 (MLR 115) as being repugnant to the Injunction of Islam. disposed of accordingly. Dated: 7-7-1988.
389 .
390 .
Sh.P.No.11/I/1988 Mst. Bashira Vs Federation of Pakistan Linked With Sh.P.No.5/I/1988 Linked With Sh.P.No.10/I/1988 Linked With Sh.P.No.17/I/1988 Sh.P.No.11/L/1988 Muhammad Jamil Khan Vs The Government of Punjab etc.
Dismissed. Appeal has not The Court has already been filed. discussed these challenged points in its reported Judgment in PLD 1981 FSC23 Judgment dated; 8-11-1988.
The petitioner has challenged Section 7 of the Punjab Preemption Act petitioner prayed that the above section of law as being repugnant to the injunctions of Islam as contained in the Holy Quran and Sunnah.
This Court and The Supreme Appeal has not Court of Pakistan has filed. already been declared as Un-Islamic the power of the Government to exempt certain lands from preemption vide judgment reported as P.L.D. 1986 S.C.360 N.L.R.1986 S.C.J 446, N.L.R. 1986 S.D.212 and N.L.R.1988 S.D.224. After Perusing the judgments on the point it has been decided to withdraw the petition for the reason that the needful appears to have of as have already been done. These petitions shall stand disposed of as having been withdrawn on dated 18-10-1988. Dismissed, Judgment dated; Appeal has not 29-6-1989 filed. The Court has declared that the fixing a time limit in presentation or proving a particular claim is not repugnant to the Injunctions of Islam. Muhammad AminVs-Islamic Republic of Pakistan (PLD-1989-FSCPage 143. Disposed of. Withdraw on Appeal has not
391 .
Sh.P.No.12/I/1988 Abdul Majeed Mirza etc Vs Government of Pakistan
Challenged section 15 of the payment of Wages Act (VI) of 1936 and the payment of Wages (Federal Railways) Rules, 1938 against the Injunctions of Islam. The petitioner has
392
Sh.P.No.12/L/1988
86 Iftikhar Hussain Abid Vs Evacuee Waqf Property Board and etc. Sh.P.No.13/I/1988 Ch. Bashir Ahmed Vs Province of Punjab. Sh.P.No.13/L/1988 Muhammad Salahuddin etc Vs he Government of Pakistan Linked with challenged the laws of Evacuee Waqf Property Board. Challenged Section 7(3) (4) of C.S.R 1974 being repugnant to the Injunctions of Islam. Petitioner has challenged Section 6 of the Political Parties Act and Section 14 & 25 of the National & Prov: Assembles. Elec. Act, 1977. (Qualification of the candidate of the parliament or the Provisional Assembles) ----------1. Electrol Roll Act, 1974, sections 6(2) (a)(b)(c) 25(a)(b). 2. The Representati on of the People Act, LXXXV of 1976 section 99. -----------request of Petitioner. Dated: 18-10-1998 filed.
393 . 394 .
Disposed as withdrawn on Appeal has not the request of petitioner. filed. Order dated; 7-11-1988. The Court has declared (dated 16-10-1989) that sections 13, 14, 49, 50, 52 of Representation of the People Act are against the Quran Sunnah. Sections 86 & 89 providing for secrecy may be retained. But Section 38 (4) (C) (ii) excluding from the count an otherwise valid vote merely because the voter has disregarded the rule of secrecy is repugnant to Quran and Sunnah (4:135). The Representation of the people Act, 1976 and the Houses of the parliament and provincial Assemblies (Election) Order, 1977 should accordingly be amended by the president by the President of Pakistan by 31.12.1989. Section 13, 14, 49, 50, 52 and 38 (4) (c), (ii) cease to have effect after 31-12-1989. (PLD-1990 FSC Page-1). The court has dismissed the Shariat Petitions in the matter of section 6(2)(a)(b) (c) and section 25 of the Electrol Rolls Act, 1974 dated 18-4-1990. Dismissed. The Court has already been dismissed a petition No. 4/K/1985 on the ground that no law had been challenged therein and this petition also does not fall within jurisdiction of this Court. Order dated; 7-11-1988. The Court has declared that the Para 24 is repugnant to the injunction of the Holy Quran and Sunnah of the Holy Prophet (PBUH) and same need be amended in the light of discussion. Dated: 29-6-1989.PLD 1989 FSC Page 80. Appeal has been filed in the Honble Supreme Court of Pakistan and pending
Sh.P.No.18/I/1988 Malik Muhammad Usman Vs The Government of Pakistan. Linked with
395 .
The petitioner has challenged Section 13, 14,(3)(6) 49 of Political Parties Act, 1976 being repugnant to the Injunction of Islam. Sh.P.No.14/I/1988 Requested that the Malik Ghulam Rasool Court declare word Vs of Azan according The State to ShariaMuhammadi.
Sh.P.No.19/I/1988 Habib-ur-Wahab-ulKhari Vs Federal Government of Pakistan
396 .
Sh.P.No.14/L/1988 Sajwara etc Vs Federal Government of Pakistan
Linked with Sh.P.No.2/L/1989 Allah Wasaya
Challenged Para 24 of the land Reform Regulation, 1972 petitioner prayed that the above Section of Law may kindly be declared to be repugnant to the Injunction of Islam.
Appeal has dismissed on 15-11-1993,
87 Vs The Government of Pakistan ------------Challenged Para 24 of the land Reform Regulation and said that the bar contained therein against sale of property by an owner in the situation mentioned therein is against Quran and Sunnah of the Holy Prophet. Requested and want for stay of the execution of the sentence of death. The Court has declared that the Para 24 is repugnant to the injunction of the Holy Quran and Sunnah of the Holy Prophet (PBUH) and same need be amended in the light of discussion. Dated: 29-6-1989.
397 .
Sh.P.No.15/I/1988 Shabir Khan Vs The State
398 .
Sh.P.No.15/L/1988 Ali Imran Vs The State
399 .
Sh.P.No.16/I/1988 Raj Wali Vs Muhammad Arif and another
The petitioner has challenged Section 3 and 5 of the Punjab Maintenance of Public Order, 1960 and sections 107,150 and 151 of Cr.P.C. but he inadvertently mentioned PPC instead of Cr.P.C. the petitioner prayed that the Honble Court may kindly be declared the above Sections of laws being repugnant to the Injunctions of Islam. Challenged Section 401 and 402 Cr.P.C. as being against the Injunctions of Islam.
Disposed of. The Court has declared that this Court has no jurisdiction to issue any stay order the request in not sustainable. He may approach the other appropriate forum. Order dated; 7-11-1988. The Court Declared the Provisions challenged in the petition namely sections 107, 150 and 151 of the Pakistan Penal Code are being Separately Considered by this Court. This petition, therefore, Shall stand dismissed. Dated: 21-5-1989.
400 .
Sh.P.No.16/L/1988 Muhammad Aslam Vs The Government of Punjab.
401 .
Sh.P.No.17/I/1988 Muhammad Akram Vs Government of Pakistan. Linked With
The petitioner has challenged the Provisions of Section 204 Cr.P.C and has prayed that Honble Court may kindly be declare that Section 402 Cr.P.C is repugnant to Quran and Sunnah and is Ultra vires and without authority. Challenged Article 22 of the Land Reforms Regulation 1972 (MLR 115) as being repugnant to the Injunction of
Disposed of on dated 7-111988 that the learned Council for petitioner has not press this petition and wants to approach before the High Court disposed of accordingly. Order dated; 7-11-1988. The Court has informed that the appeal filed by the Government has been heard by the Appellate Bench of the Supreme Court of Pakistan and the order to be passed by the Supreme Court would cover the point misplaced and stands disposed of accordingly. Dated; 7-12-1988.
Dismissed. Appeal has not The Court has already been filed. discussed these challenged points in its reported Judgment in PLD 1981 FSC23
88 Sh.P.No.5/I/1988 Linked With Sh.P.No.10/I/1988 Linked With Sh.P.No.11/I/1988 402 . Sh.P.No.17/L/1988 Nawab Ali Vs Raja Abdul Qayyum Civil Judge and another. Islam. Judgment dated; 8-11-1988.
The petition has Requested through Shariat petition for stay of Tenancy Act, 1913 while he has not challenged any provision of law.
403 .
Sh.P.No.18/I/1988 Malik Muhammad Usman Vs The Government of Pakistan. Linked with Sh.P.No.13/L/1988 Linked with Sh.P.No.19/I/1988
1. Electrol Roll Act, 1974, sections 6(2) (a)(b)(c) 25(a)(b). 2. The Representati on of the People Act, LXXXV of 1976 section 99.
404 .
Sh.P.No.18/L/1988 Muhammad Siddique Chughtai Vs The Government of Pakistan Amended Petition instead of Sh.P.No.3/L/1986
The petitioner has prayed in amended petition that the Court declare the order dated 26.1.1938 passed by the full Bench of Lahore High Court Lahore in the case Masjid Shaheed GunjVs. Sharoomani Gurdawara Parbandhak
The Court has found that this petition has been drafted by the petitioner himself and not completed under the rules. He has not mentioned the relevant provisions of law and has also not given the text of Quran and Sunnah to which they are repugnant. It is, therefore, prayed for its withdrawal to file a fresh order accordingly on dated 8-12-1988. The Court has declared (dated 16-10-1989) that sections 13, 14, 49, 50, 52 of Representation of the People Act are against the Quran Sunnah. Sections 86 & 89 providing for secrecy may be retained. But Section 38 (4) (C) (ii) excluding from the count an otherwise valid vote merely because the voter has disregarded the rule of secrecy is repugnant to Quran and Sunnah (4:135). The Representation of the people Act, 1976 and the Houses of the parliament and provincial Assemblies (Election) Order, 1977 should accordingly be amended by the president by the President of Pakistan by 31.12.1989. Section 13, 14, 49, 50, 52 and 38 (4) (c), (ii) cease to have effect after 31-12-1989. (PLD.1990 FSC. Page 1) The court has dismissed the Shariat petition in the mater of section 6(2)(a)(b) (c) and section 25 of the elcetrol roll Act.1074,dt.18.4.1990. After arguing his case the petitioner has requested to with draw the petition so as to pursue the relevant remedies in other Courts or forum. They might also like to file petition specifically challenging the relevant laws to this Court also. Disposed of accordingly. Dated: 7-12-1988
Appeal has filed.and pending.
89 Committee, prejudice, against the provisions of law and absolutely repugnant to the Injunctions of Islam as laid down in the Holy Quran. The petitioner has challenged Section 13, 14,(3)(6) 49 of Political Parties Act, 1976 being repugnant to the Injunction of Islam.
405 .
Sh.P.No.19/I/1988 Habib-ur-Wahab-ulKhari Vs Federal Government of Pakistan Linked with Sh.P.No.13/L/1988 Linked with Sh.P.No.18/I/1988
406 .
Sh.P.No.19/L/1988 Syed Tasadduq Hussain Vs Federal Government of Pakistan
407 .
Sh.P.No.20/I/1988 Dr. Farida Afzal Vs Federation of Pakistan Sh.P.No.21/I/1988 Muhammad Yaqoob Vs Government of Pakistan
408 .
The petitioner has challenged Section 8(3) and 10 of the Evacuee Trust Properties (management and Disposal) Act, 1975, the petitioner prayed that the Honble Court may kindly be declared the above Section of laws being repugnant to the Injunction of Islam. Challenged the appointment of Woman as a Head of the State as being against the Injunctions of Islam. Challenged the appointment of Woman as a Head of the State as being against the
The Court has declared(judgment dt.16.10.1989) that sections 13, 14, 49, 50, 52 of Representation of the People Act are against the Quran Sunnah. Sections 86 & 89 providing for secrecy may be retained. But Section 38 (4) (C) (ii) excluding from the count an otherwise valid vote merely because the voter has disregarded the rule of secrecy is repugnant to Quran and Sunnah (4:135). The Representation of the people Act, 1976 and the Houses of the parliament and provincial Assemblies (Election) Order, 1977 should accordingly be amended by the president by the President of Pakistan by 31.12.1989. Section 13, 14, 49, 50, 52 and 38 (4) (c), (ii) cease to have effect after 31-12-1989.(PLD 1990 FSC. Page 1) The court has dismissed the Shariat petition in the mater of section 6(2)(a)(b)(c) and section 25 of the elcetrol roll Act.1074,dt.18.4.1990. The Court has declared that Sections 8(3) and 10 of the Act, therefore, do not violate any Injunction of Islam as given in the Quran and Sunnah of the Holy Prophet. This petition thus has not merit and is dismissed. Dated: 9-1-1988.PLD 1989 FSC Page 80
Appeal has filed. And pending
Appeal has dismissed for non procecution on 17-2-1991
Disposed of as withdrawn Appeal has not because petitioner does not filed. press this petition and wants to withdraw. Order dated; 30-11-1988. Dismissed. Appeal has not The Court has no jurisdiction. filed. Order dated; 30-11-1988.
90 409 . 410 . 411 . Sh.P.No.22/I/1988 Ch. Bashir Ahmed Vs Province of Punjab. Sh.P.No.24/I/1988 Ch. Muhammad Irshad Vs Rafique Kazam Sh.P.No.25/I/1988 Pir Muhammad Ibrahim Vs Government of Pakistan Sh.P.No.26/I/1988 Mrs. Yasmeen Raza Vs Government of Pakistan Linked with Linked with Sh.P.No.4/K/1988 Linked with Sh.P.No.3/L/1989 Linked with Sh.P.No.5/I/1989 Linked with Sh.P.No.65/I/1992 Linked with Sh.P.No.12/I/1990 Injunctions of Islam. Challenged Section 7(3) (4) of C.S.R 1974. Challenged Limitation Act has being repugnant to the Injunctions of Islam. Challenged the appointment of Woman as a Head of the State as being against the Injunctions of Islam. Section 12 and 21of the representation of the Peoples Act, 1976. Sections 2(C) and 4 of the Political Parties Act, 1962. Articles 4, 5 and 6 of the Houses of Parliament and Provincial Assemblies (Election) Order 1977. Section 6(2) (a) (b) of the Electoral Rolls Act, 1974. Disposed of as withdrawn. Order dated; 15-1-1989. Informed to applicant through office latter that the matter is out of jurisdiction of this Court. Dated; 11-1-1989. Dismissed. The Court has no jurisdiction. Order dated; 15-1-1989. Appeal has not filed. Appeal has not filed.
412 .
1989
S. No. Shariat Petition No. & Party Names Law Challenged FSC Decision Appeal filed in the Hon.Suprem e Court of Pakistan or not with Status Appeal has not filed.
413 . 414 .
Sh.P.No.1/I/1989 Ahmed Bhai Patail Vs. Govt. of Pakistan Sh.P.No.01/L/1989 Nazir Ahmed Qureshi etc Vs. Government of Punjab etc.
Personal grievance.
Disposed of on 15.1.1989.
415 .
Sh.P.No.1/K/1989 Nusrat Baig Mirza Vs The Government of Pakistan and Province of Sindh
Petitioner prayed that the Honble Court may kindly be declared the Section 10(i) Punjab Civil Servant Act, 1974 to be declared as being repugnant to the Injunctions of Islam. Challenged the Provision of Rules 14 of Sind Civil Servants (Appointment Promotion and Transfer) Rules, 1973 prescribing the Quouta System
Petition returned petitioner on 12.1.1989.
to Appeal not filed
Allowed. The Court has declared that the challenged provision and memorandum found to be repugnant to the Injunctions of Islam. Judgment dated; 23-41992.PLD 1992 FSC Page 412
Appeal filed in Supreme Court of Pakistan to the extent of S.A.No.81-of1992 has been dismissed on 22-4-2009
91 in filling the vacancies under the Federal Government and Provincial Government of Sindh on the ground that they are repugnant to the Injunctions of Islam and Office Memorandum No.8/9/72-TRV dated 31-8-1973. Personal grievance. while S.A.No.79,82,8 3,84, are in there places.
416 .
S.P.No.2/I/1989 Nawab Ali through Hakim Ghulam Ali Vs. Government of Pakistan Sh.P.No.02/L/1989 Allah Wasaya etc. Vs. Federal Government of Pakistan etc. L/W S.P.No.14-L/1988
417 .
418 .
Sh.P.No.2/K/1989 Inayat ullah Vs The Government of Sindh Sh.P.No.3/I/1989 Raja Abdul Raziq Adil Vs. The Govt. of Islamic Republic of Pakistan Sh.P.No.3/L/1989 Bashir Ahmed Naveed Vs The Government of Pakistan Linked with Sh.P.No.26/I/1988 Linked with Sh.P.No.4/K/1988 Linked with Sh.P.No.5/I/1989 Linked with Sh.P.No.65/I/1992 Linked with Sh.P.No.12/I/1990 Sh.P.No.3/K/1989 M/S Professional Builder Vs The Government of
Challenged Para 24 of the land Reform Regulation and said that the bar contained therein against sale of property by an owner in the situation mentioned therein is against Quran and Sunnah of the Holy Prophet. Challenged section 31 of the Sind Servant Act, 1973.
Disposed of on 13.3.1989, as the grievance does not fall within the jurisdiction of this Court inasmuch as that no provision of law is challenged as repugnant to the injunctions of Islam. Petition allowed on 29.6.1989 with observation that para 24 of MLR 115 is repugnant to the injunctions of Islam on dated 29-6-1989. PLD-1989, FSC-PAGE-80
Appeal filed in the Supreme Court of Pakistan and dismisse on 15-11-1993.
419 .
Personal grievance.
Disposed of. The same provision had been declared by the Shariat Appellant Bench of Supreme Court of Pakistan in PLD1987-SC-304. Order dated; 14-6-1989. Returned to the Advocate for the petitioner by the Deputy Registrar (Judicial) on 23.1.2009, for bifurcating the petition in respect of each law in question.
420 .
The petitioner has challenged the electrol act,1974 XXI section 1974 section 6(2) the prescentition of the people act 1976(Lxxxv of 1976 section 28 and 12,42.Policil party act 1962 III of 1962 amended I 1988
421 .
Challenged Section 2 of the Amendment Ordinance, VI of 1989 in MLR-57.
Dismissed because the Appeal has not Ordinance in question had filed. its self lapsed. Order dated; 11-6-1991.
92 422 . 423 . Pakistan Sh.P.No.4/I/1989 Raja Abdur Razaq Adil Vs. The State Sh.P.No.04/L/1989 Aftab Ahmed Shami Vs. Islamic Republic of Pakistan Challenged clause (e) of Section 2 of the Enforcement of Sharia Ordinance, 1988. Pakistan Press and Publication Ordinance, 1963 Petitioner prayed that the statute in its present forum, may be declared to be volatile of injunctions of Islam. Challenged the entire electoral system of Pakistan is found against the Islamic Injunctions. Section 302/34 PPC petitioner prayed that the conviction and sentence of the petitioner may kindly be set aside in view of the compromise and they be set at liberty forthwith. The Provision of Law contained is Section 4 of the Political parties Act, 1962 in sofar as it allows more than one Political Parties to form and organize its activities allegedly placing their reliance on ideology of Islam, and other Provisions of the said Act, facilitating the formation of more than one political party in the Country. Is contrary to the injunctions of Islam as contained in the Holy Quran and Sunnah of the Prophet. ----------------Constitution of the Islamic Republic of Pakistan is derived from the sources other than the Holy Quran and the Sunnah of the Holy Prophet(PBUH) Section 10 of Punjab Civil Servant Disposed of as withdrawn on Appeal has not 5.2.1989. filed.
Petition returned petitioner on 6.4.1989.
to Appeal not filed
424 .
425 .
Sh.P.No.4/K/1989 Ahsan Ghayur Vs Ministry of Law, The Government of Pakistan S.P.No.05/L/1989 Abdul Rasheed Vs. The State
Dismissed accordingly 31-12-1989.
on Appeal has not filed.
Petition became infructous Appeal not on 4.3.1990 filed
426 .
Sh.P.No.5/I/1989 Raja Abdul Razzaq Vs The Government of Pakistan Linked with Sh.P.No.26/I/1988 Linked with Sh.P.No.4/K/1988 Linked with Sh.P.No.3/L/1989 Linked with Sh.P.No.65/I/1992 Linked with Sh.P.No.12/I/1990
The Court has declared that Appeal has not the Political parties Act, filed 1962 has been repealed and has been replaced by the Political order, 2002 (Chief Executive Order No.18 of 2002). In view of what is stated above, the above named petition and all the connected petitions have become infructuous and disposed of accordingly. Dated: 20.05.2008
427 .
S.P.No.6/I/1989 Mrs.Yasmeen Raza Vs. The Federal Government of Pakistan Sh.P.No.06/L/1989 Farrukh Ameen
Disposed of on 8.3.1989 for Appeal has not want of jurisdiction. filed.
428
Dismissed finding no merits Appeal not on 10.5.1989 filed
93 Vs. Government of Punjab etc. Act, 1974 the petitioner prayed that the above section of Law instructions about the recording of A.C.R and the notification terminating the petitioners service may kindly is declared ultra vires being repugnant to the Holy Quran & Sunnah. Challenged Health police of the Government.
429 .
Sh.P.No.7/I/1989 Pakistan Medical Association, Multan Vs. Govt. of Pakistan Sh.P.No.07/L/1989 Aftab Ahmed Shami Vs. Islamic Republic of Pakistan
Disposed of on 27.3.1989 for Appeal has not want of jurisdiction filed.
430 .
431 .
S.P.No.8/I/1989 Awami Hospital Waqf Board, Multan etc. Vs. Govt. of Pakistan Sh.P.No.08/L/1989 Manzoor Ahmed Vs. Rafiq Ahmed etc.
Section 24(c) (f) (g) and explanation (6) to clause (f) of section 24 of the West Pakistan Press & Publication Ordinance, 1963 petitioner prayed that the Honble Court may be issue direction to the Government consent to take steps to amend the offending provisions of the statute mentioned above, in the manner humbly suggested, so as to bring them in conformity with Holy Quran and Sunnah. Challenged Political System in Pakistan is being repugnant to the injection of Islam. Section 4 of Muslim Family Law, Ordinance the petitioner prayed that the Honble Court may kindly be declared give a pronounce-ment as to whether the provision of above section is or is not being repugnant to injunctions of Holy Quran and Sunnah. Challenged the provision of Canal and Drainage Act,
to Appeal not filed
Disposed of on 27.3.1989
432 .
to Appeal not filed
433 .
Sh.P.No.9/I/1989 Dr.A.M Khan Vs.
Disposed of on 27.3.1989 for Appeal has not want of jurisdiction. filed.
94 434 . Govt. of Pakistan Sh.P.No.9/L/1989 Muhammad Saddique Chughtai Vs. Government of Pakistan 1873. Petition for declaration Majid Shahid Ganj as a place worship for the Muslims/ of the Muslims and the staid place of worship cannot be turned and converted into any other place. Challenged sections 5 and 6 of the Punjab Tenancy Act, 1887. Section 23(1) (K) of the West Pakistan Press & Publication Ordinance, petitioner prayed that the provision of the statute detailed hereinbefore may be declared to be repugnant to Holy Quran and Sunnah. Moveable and Immoveable Property Transfer of Property Act petitioner request for share of transfer of property. Personal grievance Disposed of on dated 18-6- Appeal has not 1989 as the learned counsel filed has failed to point out any law and provision of law.
435 .
Sh.P.No.10/I/1989 Naib Subedar (Retd) Ghulam Shabbir Vs. Govt of Pakistan Sh.P.No.10/L/1989 Aftab Ahmed Shami Vs. Islamic Republic of Pakistan
Disposed of as withdrawn on Appeal has not 18.4.1989. filed.
436 .
Disposed of on dated 08-3- Appeal not 1990. filed
437 .
Sh.P.No.11/L/1989 Nazir Ahmed Nasir Vs. Federal Government Pakistan Sh.P.No.12/I/1989 Mst .Razia Bibi Vs. Said Rasool Sh.P.No.12/L/1989 Sanaullah etc. Vs. Muhammad Yaqoob etc.
Disposed 4.7.1989
of
on
dated Appeal not filed
438 .
439 .
440 .
Sh.P.No.13/I/1989 Malik Muhammad Usman Vs. Government of Pakistan
West Pakistan Muslim Personal Law (Shariat Amendment) Ordinance, XIII 1983 petitioner prayed that the Judgment and degree dated 19-1981 alongwith order dated 31-91988 both of district Judge Faisalabad and Lahore High Court may kindly be set aside being against repugnant to injunctions of Islam. Challenged certain Constitutional provisions.
Disposed of on 30.1.1990, as no relief was granted by the Shariat Appellate Bench of the S.C of Pakistan and even this court cannot do so at this stage. Dismissed having no jurisdiction on 21.1.1991
Appeal not filed
Appeal not filed
Disposed of on 31.12.1989 Appeal not for want of jurisdiction. filed
95 441 . Sh.P.No.13/L/1989 Muhammad Saddique Chughtai Vs. The Federal Govt: of Pakistan and others LINKEDWITH Sh.P.No.3/L/1986 LINKEDWITH Sh.P.No.9/L/1986 Petition for declaration Masjid Shahid Ganj as a place worship for the Muslims/ of the Muslims and the said place of worship cannot be turned and converted into any other place. Dismissed in limine on Appeal has not 2.6.1991 as the learned filed. counsel has failed to point out any law and provision of law.
442 .
Sh.P.No.14/L/1989 Ch. Ghulam Murtaza Lambadar Vs. Government of Punjab etc.
443 .
Sh.P.No.15/I/1989 Bashir etc Vs. Province of Punjab etc Linked with Sh.P.No.16/I/1989 Bashir etc Vs. Province of Punjab etc
Notification No.2805-62/2363-S (G) and Notification No. 4826-62/4419-S (G) III under Section 10 of Colonization of Government Lands (Punjab Act, 1912) petitioner prayed that the Notifications under challenge may kindly be declared against the Injunctions of Islam, and the respondent may Kindly be directed to amend the notification in the light of Injunctions of Islam. Challenged section 25 and 27 of the Punjab Pre-emption Ordinance, 1913.
Petition returned to Appeal not petitioner on 30.11.1989. filed
Dismissed as not pressed on Appeal not 31.1.1991as the said law has filed been repealed and a new pre-emption Ordinance 1990 has not been promulgated.
Challenged section 25 and 27 of the Punjab Pre-emption Ordinance, 1913. MLR 115 Article 122 petitioners prayed that the above Section of Law may kindly be declared being repugnant to injunctions of Islam. Challenged section 25 and 27 of the Punjab Pre-emption Ordinance, 1913.
444 .
Sh.P.No.15/L/1989 Ch. Khan Muhammad Vs. Federation of Pakistan Sh.P.No.16/I/1989 Bashir etc Vs. Province of Punjab etc Linked with Sh.P.No.15/I/1989 Sh.P.No.16/L/1989 Shamsher Abbas Bukhari Vs. Lahore Development
Dismissed as not pressed on 31.1.1991as the said law has been repealed and a new pre-emption Ordinance 1990 has not been promulgated. Dismissed as withdrawn on Appeal not 4.3.1989. filed
445 .
Dismissed as not pressed on Appeal not 31.1.1991as the said law has filed been repealed and a new pre-emption Ordinance 1990 has not been promulgated.
446 .
MLR 115 of 1972 (regarding Punjab Pre-emption Act) and Land Reform Act, 1977 being
Dismissed as misconceived Appeal not on 10.2.1991. filed
96 Authority etc. 447 . S.P.No.17/I/1989 Haider Hussain Vs. Govt. of Pakistan : Linked with Sh.P.No.3/I/1990 Linked with Sh.P.No.2/K/1991 repugnant to injunctions of Islam. Challenged in its own way, the specific provisions of the Qanun-eShahadat Order,1984.
Disposed of on 23.5.1991. The provisions of Article 16 of the Qanun-e-Shahadat Order, 1984 is declared as repugnant to the Injunctions of Islam to the extent that an accomplice is not a competent witness in offences punishable with Qisas and a conviction based on uncorroborated testimony of an accomplice even in the matter of tazir will be illegal. PLD 1991 FSC Page-139.
Appeal filed in the Honble Supreme Court of Pakistan and disposed of with direction Article 16 of the order may be amended accordingly dated 22-61993. PSC 1994 Page434.The Rev.Petition has also been dismissed for non procecution on 4-10-2004
1990
S. No. Shariat Petition No. & Party Names Law Challenged Appeal filed in the Hon.Suprem e Court of Pakistan or not with Status Dismissed as having become Appeal has not infructous on 31.1.1991 filed. FSC Decision
448 .
Sh.P.No.1/I/1990 Muhammad Siddique Vs. Islamic republic of Pakistan etc. Sh.P.No.01/L/1990 Muhammad Sadiq Vs. Govt. of Punjab etc.
Challenged section 20 of the Punjab Pre-emption Act, 1913.
449 .
450 .
Sh.P.No.1/K/1990 Gul Muhammad Hajano Vs. The State
451
Rew.Sh.P.No.1/K of 1990
Section 8 of Punjab Pre emption Act, 1913 petitioner prayed that the provision of law notification issue regarding to exemption of property from pre emption situated within the limits of Municipal Committee, Sialkot, may kindly be declared to be repugnant to the injunctions of Islam. Sindh Service Tribunals Act, 1973 and Rule 2 of service Tribunals (Qualification of Members) Rules, 1974 as being repugnant to the Injunctions of Islam. Filed Review Petition Seeking
Dismissed as not pressed on Appeal not 3.2.1991 filed
Allowed on 21-5-1991 Appeal not Section 4, 4(b), Service filed Tribunals Act, challenged in Shariat Petition is repugnant to the Injunctions of Islam.
97 review of the Judgment dated; 24-5-1990 passed by Full Bench of this Court in SH.P.No.1/K/1988. Challenged section 31 of the NWFP Preemption Act, 1987.
452 .
Sh.P.No.2/I/1990 Ghulam Sarwar etc. Vs. Islamic Republic of Pakistan etc. Sh.P.No.02/L/1990 Aftab Ahmed Shami Vs. Islamic Republic of Pakistan
Disposed of as having not Appeal has not pressed on 31.1.1991. filed.
453 .
454 .
Sh.P.No.02/K/1990 Muhammad Sharif Vs. Fed. Govt. of Pakistan & others
455 .
Sh.P.No.3/I/1990 Syed Islam-ud-Din Vs. Govt. of Pakistan Linked with Sh.P.No.17/I/1989 Linked with Sh.P.No.2/K/1991
Pension Act, 1871 petitioner prayed that the above Section may very graciously be declared to be repugnant to injunctions of Islam. Regulation No.9 of National Shipping Corp. (Established Officers) Service Regulation, 1965 challenged being repugnant to injunctions of Islam Challenged in its own way, the specific provisions of the Qanun-eShahadat Order, 1984.
Allowed vide judgment dated 18.11.1993 with observation that Regulation No.9 is repugnant to injunctions of Islam.
Disposed of on 23.5.1991. The provisions of Article 16 of the Qanun-e-Shahadat Order, 1984 is declared as repugnant to the Injunctions of Islam to the extent that an accomplice is not a competent witness in offences punishable with Qisas and a conviction based on uncorroborated testimony of an accomplice even in the matter of tazir will be illegal. PLD 1991 FSC Page-139.
456 .
Review Petition No.3/I/1990 Maqbool Ahmad Qureshi Vs. Government of Pakistan
Review petition against the judgment of this Court in Shariat petitions, one titled Muhammad Salahuddin and others vs. Government of Pakistan, in respect of Electoral System of Pakistan which is a subject matter of appeal before the Shariat Appellate Bench of the Supreme Court of
Dismissed in limine on 7.10.1990 on the ground that the articles 245 and 248 of the Constitution have no concerned with the judgment of this Court in respect of electoral System of Pakistan and as such cannot be made as subject matter of a review petition. Besides the same being the provisions of the Constitution are immune from examination by this Court under Article 203-D of the Constitution as Constitution has been excluded from the purview
Appeal filed in the Honble Supreme Court of Pakistan and dismissed as not pressed on 6-6-2009. Appeal filed in the Honble Supreme Court of Pakistan and disposed of with direction Article 16 of the order may be amended accordingly dated 22-6-1993. PSC 1994 Page-434 The review petition has also been dismissed for non prosecution on 4-10-2004 Appeal has not filed.
98 Pk. of definition of Law to be examined by this Court vis-vis repugnancy thereof to the injunctions of Islam. Dismissed having no merits Appeal filed in on 7.3.1990. the Honble Supreme Court and dismissed as barred by time on 24-2-1993
457 .
Sh.P.No.03/L/1990 Dr. Suhrab Aslam Khan Vs. Fed: of Pakistan
458 .
S.P.No.03/K/1990 Nazir Ahmed Dhon Vs. Govt. of Sindh etc.
459 .
S.P.No.4/I/1990 Maj.(Retd)Amir Afzal Khan Vs. Government of Pakistan
460 .
S.P.No.04-L/1990 Malik Muhammad Saeed Vs. Muhammad Sharif & others
461 .
S.P.No.04/K/1990 Dr. Hafiz Muhammad Ilyas Vs. Govt. of Pakistan etc. Sh.P.No.5/I/1990 Mufti Iftikhar-uddin
462
Section 11 of Pakistan Arms Ordinance, 1965 petitioner prayed that the above section of law is misconceived and wholly repugnant to the Islamic Injunctions. Part IV of the Sindh Civil Servant (Appointment, Promotion & Transfer) Rule, 1974, Rule 2 of Procedure, Syllabus & Requirement for admission to the combined competitive examination 1989, section 4 of Sindh Service Tribunals Act, 1973, Rule 4 & 5 of the Sindh Public Service Commission (Function) Rule, 1974 challenged being repugnant to injunctions of Islam Challenged sections 295A,295B and 298 PPC on the ground that there were certain omissions therein which made in the entire law repugnant to the Injunctions of Islam, as contained in Quran and Sunnah of the Holy Prophet (PBUH) Section 15 of Punjab Pre emption Act, 1913 petitioner prayed that the above section of law may kindly be declared being repugnant to injunctions of Islam. Section 6(h)(b) of Finance Act-V of 1989 regarding Collecting of Tax Ord. 1979 challenged being repugnant to injunctions of Islam Challenged sections 8, 10, 14 and 21 of
Dismissed having no merit Appeal has not on 15.5.1990 filed.
Disposed of on 11.4.1990. Appeal has not The petitioner was taken filed. through all the relevant provisions and he ultimately, agreed that the omission was in the enforcement of laws and not in the provisions. There is thus nothing left to be proceeded with.
Dismissed being in fructuous Appeal not on 10.2.1991 filed
Dismissed on 3.11.1992 with observation that these petitions are misconceived and being without merit.
Appeal filed in the Honble Supreme Court of Pakistan and withdraw on 20-10-2004
Disposed of on 16.9.1991, Judgment on the ground that sections dated 25-3-
99 Vs Federal Government the Evacuee Trust Properties (Management and Disposal) Act, 1975. 8, 9, 10, 14 and 21 of the Evacuee Trust Properties (Management and Disposal) Act, 1975 are repugnant to the Quran and Sunnah and cannot be retained. They would cease to have effect from 30th December, 1991.PLD 1992, FSC Page 188 1999. The Supreme Court of Pakistan held that section 8,9,10,14 and 21 of Act XIII of 1975 are not repugnant to the Injunctions of Islam but the apex Court has directed the Government to suitable amend the Evacuee Trust Properties (Management and Disposed) Act 1975(Act XIII of 1975) by inserting a new provision provising right of appeal against the order passed by the Chairman under section 8 of Act XIII of 1975 such an appeal can be provided to lie before the High Court in line with the recurse adopted in the displaced persons (Compensatio n and Rehabilitation) Act, 1958 and the displaced persons (Land Settelment) Act, 1958 the apex Court has directed the Government that the above shall made in Act :XIII of 1975 till 30-71999. Dismissed as withdrawn on Appeal not 10.2.1991 filed
463 .
Sh.P.No.05/L/1990 Muhammad Afzal (minor) etc. Vs. Federation of Pakistan
Section 5(b) r/w section 27 of Specific Relief Act, 1877, Contract Act, 1972 petitioner prayed the degree of specific
100 performance passed by respondent No.2 & 3 direction compulsory registration of transfer deeds is being repugnant to injunctions of Islam. Section 6(h)(b) of Finance Act-V of 1989 regarding Collecting of Tax Ord. 1979 challenged being repugnant to injunctions of Islam Sections 2(a), 6(2),12, 20,22,24,25,27(3) (4),29,30, 31 of the Punjab Pre emption Ordinance-V, 1990 petitioner prayed that the above section of laws may kindly declared being repugnant to injunctions of Islam.
464 .
S.P.No.05/K/1990 Hakim Muhammad Saeed Vs. Govt. of Pakistan
Dismissed on 3.11.1992 with observation that these petitions are misconceived and being without merit.
465 .
Sh.P.No.06/I/1990 Muhammad Ayub Vs. Islamic Republic of Pakistan L/W S.P.No.07-L/1990 L/W S.P.No.26-L/1990 L/W S.P.No.30-L/1990 L/W S.P.No.42-I/1990 L/W S.P.No.06-L/1991 L/W S.P.No.11-L/1991 L/W S.P.No.12-L/1991
Appeal allowed. Section 2(a),6(2),12,13(3),22, 29 & 35(2) of Punjab Pre emption Act, 1991 were declared repugnant to the injunctions of Islam vide Courts judgment dated 30.5.1991. PLD 1991 FSC Page-80.
Appeal filed in the Honble Supreme Court of Pakistan and has been withdrawn on 20-10-2004. Appeal filed in the Honble Supreme Court .The Appeal of the Punjab Govt: sections 2(a) 6(2)and 35(2) have been dismissed while the appeal of Punjab Govt regarding sections 13(3),22 of 24 has been allowed dt.2.9.1993, PLD 1994 SC Page-1. The revision petition against this Judgment has also been dismissed as barred by time on 6.10.2004. Appeal filed in the Honble Supreme Court .The Appeal of the Punjab Govt: sections 2(a) 6(2)and 35(2) have been dismissed while the appeal of Punjab Govt regarding sections 13(3),22 of 24 has been allowed dt.2.9.1993, PLD 1994 SC Page-1. The
466 .
Sh.P.No.06/L/1990 Muhammad Ismail Qureshi Vs. Govt. of Punjab L/W S.P.No.07-L/1990 L/W S.P.No.26-L/1990 L/W S.P.No.30-L/1990 L/W S.P.No.06-I/1990 L/W S.P.No.42-I/1990 L/W S.P.No.06-L/1991 L/W S.P.No.11-L/1991 L/W S.P.No.12-L/1991
Sections 2(a), 6(2),12, 20,22,24,25,27(3) (4),29,30, 31 of the Punjab Pre emption Ordinance-V, 1990 petitioner prayed that the above section of laws may kindly declared being repugnant to injunctions of Islam.
Appeal allowed. Section 2(a),6(2),12,13(3),22, 29 & 35(2) of Punjab Pre emption Act, 1991 were declared repugnant to the injunctions of Islam vide Courts judgment dated 30.5.1991. PLD 1991 FSC Page-80.
101 revision petition against this Judgment has also been dismissed as barred by time on 6.10.2004. 467 . 468 . Sh.P.No.6/K/1990 Arbab Saindad Vs. The Government of Sindh S.P.No.7/I/1990 Ahsan Ghaur Vs. Government of Pakistan Sh.P.No.07/L/1990 Haji Rana Muhammad Shabbir Khan Vs. Government of Punjab etc. Section 9 of Land Accusations Sindh Amendment Ordinance, XXIII of 1984 Prayed that the voter who casts his vote dishonestly or erroneously shall be awarded death sentence. Section 13 Punjab Pre emption Act, 1990 petitioner prayed that the above Section of law may kindly be declared being repugnant to injunctions of Islam. Dismissed in limine on 30-4- Appeal not 1992. filed
Dismissed on 22.4.1990, as Appeal has not the petitioner has not filed. challenged any provision of law. This petition pertains, at the most, to policy matter. Appeal allowed. Section 2(a),6(2),12,13(3),22, 29 & 35(2) of Punjab Pre emption Act, 1991 were declared repugnant to the injunctions of Islam vide Courts judgment dated 30.5.1991 PLD 1991 FSC Page-80. Appeal filed in the Honble Supreme Court The Appeal of the Punjab Govt: sections 2(a) 6(2)and 35(2) have been dismissed while the appeal of Punjab Govt regarding sections 13(3),22 of 24 has been allowed dt.2.9.1993, PLD 1994 SC Page-1. The revision petition against this Judgment has also been dismissed as barred by time on 6.10.2004. The detailed judgment dated Appeal has not 14-11-1991 in filed. S.P.No.30/I/1990, PLD 1992 FSC Page-1.
469 .
470 .
S.P.No.07/K/1990 Mian Suhail Hussain Vs. Pakistan through the President
471 . 472 .
S.P.No.8/I/1990 Ahsan Ghaur Vs. Government of Pakistan Sh.P.No.08/L/1990 Muhammad Ismail Qureshi Vs. Govt. of NWFP through Secretary
Section 2(d), 7(2), 8,13 of the Banking Companies (Recovery of Loans) Ord. 1979 challenged being repugnant to injunctions of Islam The petitioner has merely relied on a booklet written by Hujjatullah Hijazi. Sections 12, 20, 22, 24, 25, 29 & 32 of NWFP Pre emption Act, 1987 were challenged by the petitioner, while the
Dismissed on 22.4.1990 for Appeal not want of jurisdiction. filed
Allowed on 1.10.1991 It has been held by the Court that sections 12, 13, 23, 29,31and 32 of the NWFP Pre-emption Act, 1987 to the extent stated there-under,
Filed in the Supreme Court of Pakistan and dismissed as withdrawn on
102 Law Linked with Sh.P.No. 12/I/1991 Court also took suo moto notice of sections 30, 16, 23, 27,31 & 35(3) petitioner prayed that the above Section of law may kindly be declared being repugnant to injunctions of Islam. are declared as repugnant to the Injunctions of Islam laid down in the Holy Quran and Sunnah of the Holy Prophet (SAW). They are declared as void and will cease to be effective as on 31st March, 1992, unless amended and altered by the Government of NWFP to bring them in conformity with the Injunctions of Islam as discussed in the judgment. NLR 1992 Page 91 SD. The detailed judgment dated 14-11-1991 in S.P.No.30/I/1990, PLD 1992 FSC Page-1 dated 22-21993
473 . 474 . 475 .
Sh.P.No.08/K/1990 Syed Afzal Hussain Vs. Govt. of Sindh etc. Sh.P.No.09/I/1990 Ahsan Ghayur Vs. Government of Pakistan Sh.P.No.09/L/1990 Ch: Khan Muhammad Vs. Govt. of Pakistan L/W S.P.No.5/I/1985 L/W S.P.No.60/I/1990 L/W S.P.No.71/I/1990
Interest Act, 1839, section 34, 34(a)(b) of CPC challenged being repugnant to injunctions of Islam Personal grievance.
Dismissed on dated 22-4- Appeal not 1990. filed
Section 13 of West Pakistan Urban Rent Restriction Ordinance, 1959 being repugnant to injunctions of Islam.
Allowed on 1-10-1991, PLD Appeal 1992 FSC page 286 Filed, Pending
476 .
Sh.P.No.09/K/1990 Haider Ali Muljee Taha Vs. Fed. of Pakistan etc.
477
Sh.P.No.10/I/1990 Ahsan Ghayur . Vs. Government of Pakistan 478 S.P.No.10/L/1990 Ch.Khan Muhammad . Vs. Govt of Pakistan L/W S.P.No.1/I/1991 Mst.Akhtari Begum & another Vs. Secretary M/O Law etc 479 . 480 . Sh.P.No.11/I/1990 Ahsan Ghaur Vs. Govt. of Pakistan Sh.P.No.11/L/1990 Fazal-ur-Rehman Vs. Fed: of Pakistan
Section 300 to 312 of Cr. Law regarding Qisas & Diyat challenged being repugnant to injunctions of Islam Personal grievance.
Dismissed in limine on Appeal not 24.2.1991 with the filed observation that the Honble Court did not find any force in the petition. Disposed of on dated 27-4- Appeal not 1992. filed
Challenged paragraph 22 of Land Reforms Regulation, 1972 (M.L.R.115) as repugnant to the Injunctions of Islam
Dismissed on 27.4.1992, as Appeal has not the impugned paras are not filed. found repugnant to the Injunctions of Islam as contained in the Holy Quran and Sunnah of the Holy Prophet (PBUH)NLR 1992 SD 622
Prayed that no steps are being taken in respect of Kashmir Problem and its liberation. Income Tax Ordinance, 1979 petitioner prayed that the Honble
Dismissed on 22.4.1990 as the petitioner has not challenged any law as repugnant to the Injunctions of Holy Quran and Sunnah. Dismissed finding no force in the petition on 27.5.1991. PLD 1992 FSC Page 329
Appeal filed in the Honble Supreme Court and
103 Court may kindly be declared above law being repugnant to injunctions of Islam. Banking Companies Recovery of Loan Ordinance, 1979 being repugnant to injunctions of Islam. Political parties act,1962(Act.No.III of 1962) and policitcal parties rules.1986 except section 4 of the said Act. dismissed for nonprosecution on dated 6-102004 The detailed judgment dated Appeal has not 14-11-1991 in filed. S.P.No.30/I/1990, PLD 1992 FSC Page-1. The Court has declared that Appeal has not the Political parties Act, filed. 1962 has been repealed and has been replaced by the Political order, 2002 (Chief Executive Order No.18 of 2002). In view of what is stated above, the above named petition and all the connected petitions have become infructuous and disposed of accordingly. Dated: 20.05.2008
481 . 482 .
S.P.No.12/L/1990 Karamatullah Sheikh Vs. President of Pakistan S.P.No.12/I/1990 Dr.Mehmood-urRehman Vs. Govt of Pakistan Linked with Sh.P.No.5/I/1989 Raja Abdul Razzaq Vs The Government of Pakistan Linked with Sh.P.No.26/I/1988 Linked with Sh.P.No.4/K/1988 Linked with Sh.P.No.3/L/1989 Linked with Sh.P.No.65/I/1992 S.P.No.13/I/1990 Abdullah Sani Vs. The Federation of Pakistan S.P.No.13/L/1990 Patiala Metal Merchant Gujranwala Vs. Federation of Pakistan
483 .
Challenged sections 117 and 118 of Muhammadan law regarding will.
484 .
Recovery of Interest in Cooperative Societies Bank Act challenged being repugnant to injunctions of Islam
Dismissed on 20.2.1992 for want of jurisdiction, in view of the express bar on this Court to examine Muslim Personal law as provided under Article 203B(c) of the Constitution. The detailed judgment dated 14-11-1991 in S.P.No.30/I/1990, PLD 1992 FSC Page-1.
485 .
Sh.P.No.14/L/1990 Nazir Ahmed Vs. Government of Pakistan
486 .
15/I/1990 Dr.Mahmoodur Rehman Faisal Vs.
Section 4 of Muslim Family Law 1961 petitioner prayed that Honble Court may kindly be declared the above Section of laws are being repugnant to injunctions of Islam. Regulation No.14 of the Pakistan Insurance Corporation
Appeal filed in the Honble Supreme Court and dismissed on dated 3-61998. Supreme Court upheld the judgment of FSC and dismissed the appeal on 2312-1999, PLD 2000 SC Page225-770. Review petition filed in Supreme Court and remanded the cases to FSC on 24-6-2002, PLD 2002 SC Page-800. Dismissed having no Appeal not jurisdiction on 20.9.1991. filed
The Court held that: Judgment dated:14-11-1991 The Impugned regulation to the extent that it relates to
Appeal Filed Supreme Court upheld the judgment
104 Secretary of Law Employees Provident Fund Regulation, 1954, has been challenged on the ground that in view of verses of Sura AlBaqara No.188 and 275 is repugnant to the Injunctions of Islam intrest was repugnant to the Holy Quran and Sunnah and unless it is brought in conformity with the Injunctions of Islam by 30th June, 1992, it shall cease to be effective. (PLD 1992 FSC-530) of FSC and dismissed the appeal on 2312-1999, PLD 2000 SC Page225-770. Review petition filed in Supreme Court and remanded the cases to FSC on 24-6-2002, PLD 2002 SC Page-800. Dismissed as incompetent Appeal not vide Courts order dated filed 16.6.1991
487 .
488 .
Sh.P.No.15/L/1990 Malik Muhammad Aslam Vs. District Manager House Building Finance Corp. Faisalabad etc. Sh.P.No.16/L/1990 Ch. Sardar Ahmed Zia Vs. Muslim Commercial Bank Sh.P.No.17/I/1990 Dr. Mehmood-urRehman Faisal Vs. Secretary M/o law, Justice ,Islamabad and others
House Building Finance Corporation Ord. relating Recovery of Interest challenged being repugnant to injunctions of Islam. Recovery of interest in respect of Banking Companies Recovery of Loan Ordinance challenged being repugnant to injunctions of Islam. Fiscal laws on the touchstone against the Injunctions of Holy Quran and Sunnah.
Dismissed as incompetent Appeal not vide Courts order dated filed 16.6.1991.
489 .
Allowed to the extent stated in the detailed judgment dated 14.11.1991 in S.P.No.30-I-1990. The various provisions of the laws discussed in the judgment and held repugnant to the injunctions of Islam will cease to have effect as on and from 1st July,1992. PLD 1992 FSC Page-1.
490 .
Sh.P.No.17/L/1990 Baqir etc. Vs. ADBP etc.
ADBP Rules, 1961, Banking Companies Recovery of Loan Ord. 1979 challenged being repugnant to injunctions of Islam.
Supreme Court upheld the judgment of FSC and dismissed the appeal on 2312-1999, PLD 2000 SC Page225-770. Review petition filed in Supreme Court and remanded the cases to FSC on 24-6-2002, PLD 2002 SC Page-800. Supreme Court upheld the judgment of FSC and dismissed the appeal on 2312-1999, PLD 2000 SC Page225-770. Review petition filed in Supreme Court and remanded the cases to FSC on 24-6-2002, PLD 2002 SC Page-800.
105 491 . Sh.P.No.18/I/1990 Dr.Mehmood-urRehman Faisal Vs. Secretary M/o Justice Islamabad Fiscal laws on the touchstone of the injunctions of Holy Quran and Sunnah Allowed to the extent stated in the detailed judgment dated 14.11.1991 in S.P.No.30-I-1990. The various provisions of the laws discussed in the judgment and held repugnant to the injunctions of Islam will cease to have effect as on and from 1st July,1992. PLD 1992 FSC Page-1. Supreme Court upheld the judgment of FSC and dismissed the appeal on 2312-1999, PLD 2000 SC Page225-770. Review petition filed in Supreme Court and remanded the cases to FSC on 24-6-2002, PLD 2002 SC Page-800. Disposed of as withdrawn Appeal not vide Courts order date filed 3.2.1991
492 .
Sh.P.No.18/L/1990 Rahm Din Vs. Government of Pakistan etc. Sh.P.No.19/I/1990 Dr.Mehmood-urRahman Faisal Vs. Secretary M/O Justice
493 .
Recovery of interest in respect of Banking Companies Recovery of Loan Ordinance being repugnant to injunctions of Islam. Fiscal laws on the touchstone of the injunctions of Holy Quran and Sunnah.
494 .
Sh.P.No.19/L/1990 Syed Ali Raza Asad Abdi Vs. Mst. Benazir Bhutto
495 .
Sh.P.No.20/I/1990 Dr. Mehmood-urRehman Faisal Vs. Secretary, M/o Justice, Islamabad
Section 2 offence of Zina Ordinance, 1979 Challenged the definition of Muhsin as laid down in Sec. 2(d) & Sec. 8 & 10 ZHO challenged being repugnant to injunctions of Islam. Fiscal laws the touchstone against the Injunctions of Holy Quran and Sunnah.
Dismissed being out jurisdiction in limine 28.8.1991.
Supreme Court upheld the judgment of FSC and dismissed the appeal on 2312-1999, PLD 2000 SC Page225-770. Review petition filed in Supreme Court and remanded the cases to FSC on 24-6-2002, PLD 2002 SC Page-800. of Appeal not on filed
Supreme Court upheld the judgment of FSC and dismissed the appeal on 2312-1999, PLD 2000 SC Page225-770. Review petition filed in Supreme Court and remanded the cases to FSC
106 on 24-6-2002, PLD 2002 SC Page-800. Petition returned to Appeal not petitioner being incompetent filed on 12.12.1990. Allowed to the extent stated in the detailed judgment dated 14.11.1991 in S.P.No.30-I-1990. The various provisions of the laws discussed in the judgment and held repugnant to the injunctions of Islam will cease to have effect as on and from 1st July,1992. PLD 1992 FSC Page-1. Supreme Court upheld the judgment of FSC and dismissed the appeal on 2312-1999, PLD 2000 SC Page225-770. Review petition filed in Supreme Court and remanded the cases to FSC on 24-6-2002, PLD 2002 SC Page-800. Supreme Court upheld the judgment of FSC and dismissed the appeal on 2312-1999, PLD 2000 SC Page225-770. Review petition filed in Supreme Court and remanded the cases to FSC on 24-6-2002, PLD 2002 SC Page-800.
496 . 497 .
Sh.P.No.20/L/1990 Saleem Akhtar Vs. Federation of Pakistan Sh.P.No.21/I/1990 Dr. Mehmood-urRehman Faisal Vs. Secretary, M/o Justice Islamabad
Interest Act, 1839 challenged being repugnant to injunctions of Islam. Fiscal laws the touchstone against the Injunctions of Holy Quran and Sunnah.
498 .
Sh.P.No.21/L/1990 Syed Musharaf Alam etc Vs. Habib Bank Limited L/W S.P.No.14I/1990 L/W S.P.No.16I/1990 L/W S.P.No.17I/1990 L/W S.P.No.17-CI/1990 L/W S.P.No.18I/1990 L/W S.P.No.19I/1990 L/W S.P.No.20I/1990 L/W S.P.No.31I/1990 L/W S.P.No.68I/1990 L/W S.P.No.72I/1990 L/W S.P.No.73I/1990 L/W S.P.No.08L/1990 L/W S.P.No.12L/1990 L/W S.P.No.13L/1990 L/W S.P.No.17L/1990 L/W S.P.No.21L/1990 L/W S.P.No.27L/1990 L/W S.P.No.66L/1990 L/W
The Interest Act, 1839, The Govt. Savings Banks Act, 1873, section 78 and 80 of Negotiable Instrument Act, 1881, The Land Acquisition Act, 1894, The Code of Civil Procedure, 1908, Section 34 CPC, The Cooperative Societies Act, 1925, The Cooperative Societies Rules, 1927, The Insurance Act, 1938, The State Bank of Pakistan Act, 1956, The West Pakistan Money Lenders Ord., 1960, The West Pakistan Money Lenders Rule, 1965, The Punjab Money Lenders Ord., 1960, The Sindh Money Lender Ord., 1960, The Baluchistan Money Lender Ord., 1960, The ADBP Rules, 1961, section 8(2)(a) of Banking Companies (Recovery of Loans) Ord. 1979, Banking Companies Rules, 1963, The Banks (Nationalization) (Payment of
107 S.P.No.04K/1990 L/W S.P.No.07K/1990 L/W S.Moto.No.01-I/1991 L/W S.P.No.03I/1991 L/W S.P.No.04I/1991 L/W S.P.No.16I/1991 L/W S.P.No.16-A/I/1991 L/W S.P.No.16/BI/1991 L/W S.P.No.16-C/I/1991 L/W S.P.No.17I/1991 L/W S.P.No.17/B/I/1991 L/W S.P.No.26I/1991 L/W S.P.No.27I/1991 L/W S.P.No.28I/1991 L/W S.P.No.30I/1991 L/W S.P.No.31I/1991 L/W S.P.No.35I/1991 L/W S.P.No.42I/1991 L/W S.P.No.43I/1991 L/W S.P.No.44I/1991 L/W S.P.No.46I/1991 L/W S.P.No.47I/1991 L/W S.P.No.48I/1991 L/W S.P.No.50I/1991 L/W S.P.No.51I/1991 L/W S.P.No.52I/1991 L/W S.P.No.56I/1991 L/W S.P.No.57-I/1991 L/W S.P.No.58I/1991 L/W S.P.No.64I/1991 L/W S.P.No.65I/1991 L/W S.P.No.68I/1991 L/W S.P.No.69I/1991 L/W S.P.No.73I/1991 L/W Compensation) Rules, 1974 challenged being repugnant to injunctions of Islam
108 S.P.No.74I/1991 L/W S.P.No.79I/1991 L/W S.P.No.95I/1991 L/W S.P.No.01L/1991 L/W S.P.No.13L/1991 L/W S.P.No.17L/1991 L/W S.P.No.18L/1991 L/W S.P.No.21L/1991 L/W S.P.No.22L/1991 L/W S.P.No.24L/1991 L/W S.P.No.25L/1991 L/W S.P.No.26L/1991 L/W S.P.No.27L/1991 L/W S.P.No.28L/1991 L/W S.P.No.29L/1991 L/W S.P.No.30L/1991 L/W S.P.No.31L/1991 L/W S.P.No.32L/1991 L/W S.P.No.33L/1991 L/W S.P.No.34L/1991 L/W S.P.No.36L/1991 L/W S.P.No.39L/1991 L/W S.P.No.41L/1991 L/W S.P.No.42L/1991 L/W S.P.No.48L/1991 L/W S.P.No.49L/1991 L/W S.P.No.60L/1991 L/W S.P.No.62L/1991 L/W S.P.No.66L/1991 L/W S.P.No.67L/1991 L/W S.P.No.68L/1991 L/W S.P.No.69L/1991 L/W S.P.No.70L/1991 L/W S.P.No.72L/1991 L/W
109 S.P.No.73L/1991 L/W S.P.No.74L/1991 L/W S.P.No.76L/1991 L/W S.P.No.85L/1991 L/W S.P.No.89L/1991 L/W S.P.No.90L/1991 L/W S.P.No.91L/1991 L/W S.P.No.93L/1991 L/W S.P.No.101L/1991 L/W S.P.No.102L/1991 L/W S.P.No.01K/1991 Sh.P.No.22/I/1990 Dr.Mehmood-urRehman Faisal Vs. Secretary, M/o Justice, etc. S.P.No.22L/1990 Rana Zahoor Ahmed Khan Vs. The State Sh.P.No.23/I/1990 Dr. Mehmood-urRehman Faisal Vs Secretary, M/o Law & Justice etc
499 .
Challenged section 74 of the Land Revenue Act, 1967.
Dismissed on 20.2.1992 Appeal has not without any force filed.
500 .
501 .
Recovery of interest in respect of Banking Companies (Recovery of Loans) Ord. challenged being repugnant to injunctions of Islam. Section 3 of Wealth Tax Act, 1963. (Relating recovery of Wealth Tax).
Petition dismissed on dated Appeal not 10-2-1991 However, filed petitioner was set at liberty to file fresh petition.
Linked with
Dismissed. Appeal has not Accordingly to report of Mr. filed. Mumtaz Ahmad Member Legal, CBR that the Wealth Tax Act as will as income tax Ordinance 1979 have been repealed the said report has been verified by standing council for the Federal Government. Such being the petition has become in fructuous. Order dated; 6-6-2007. -----------do-
S.S.M. 1/I/1992 Section 31-B of Wealth Tax 1963. 502 . Sh.P.No.23/L/1990 Saeed Ahmed Vs. President of Pakistan Sh.P.No.24/I/1990 Dr.Mehmood ur Rehman Faisal Vs. Secretary Ministry Law and Justice parlimintary Affairs Islamabad etc. Unspecified provisions of Election Laws challenged being repugnant to injunctions of Islam. In these petition provisions of the Zakat and usher ord.1980 have been chellanged is regpunant to the injuction of Islam.
Dismissed as withdrawn on Appeal not dated 3-2-1991. filed
503 .
The Court has diclear that the Muslim personal law still remain out side the jurisdiction of this Court and so the Zakat and Usher Ord.1980,which falls with in the definition of Muslim personal laws is out side the
Appeal filed in the Honble Supreme Court and Allowed the appeal ,setaside the order of the
110 L/W S.P.No.34/I/1990 Zia ud din ahmed Sheikh Vs. Govrnment of Pakistan L/W S.P.No.38/I/1990 Sh.Muhamad Hanif Vs. Govrnment of Pakistan L/W S.P.No.40/I/1990 Afzal Javid Vs. Govrnment of Pakistan L/W S.P.No.44/I/1990 Allah Ditta Vs. Govrnment of Pakistan L/W S.P.No.45/I/1990 Raja Muhammad Afsar Khan Vs. Federation of Pakistan 504 . Sh.P.No.24/L/1990 Muhammad Ibrahim Vs. Province of Punjab etc Section 10(3) of Colonization of Govt. of Punjab Act, 1912 petitioner prayed that the Honble Court may kindly be declared above section of law being repugnant to injunctions of Islam. Challenged Section 18(1) (2) of the Custom Act, 1969. jurisdiction of this Court for the aforside resion the Shariat Petitions have been dismissed in limine.13.1.1991.PLD 1991 FSC page 35, after FSC and remanded the case with the direction to disposed off the petitions accordance with law.13.6.1993. PLD 1994 SC Page 607
remanded the case was fixed on 21.12.1993( Pendin g)
Dismissed being not Appeal not repugnant to the injunctions filed of Islam on 24.3.1991.
505 .
Sh.P.No.25/I/1990 Dr. Mehmood-urRehman Faisal Vs Secretary, M/o Law & Justice etc
506 .
Sh.P.No.25/L/1990 Muhammad Iqbal Ch. Vs. Federation of Pakistan Linked with S.P.No.32/I/1990 Linked with S.P.No.7-L-1991 Linked with S.P.No.14-L-1991 Linked with S.P.No.50-L-1991 Linked with
In these connected Shariat Petitions a number of provisions of House Building Finance Corporation, Act 1952 have been challenged as repugnant to the Injunctions of Islam.
The Federal Shariat Court has already been held In Sh.P.No.11/L/1990 that the State is empowered to impose taxes on its subject to meet the financial requirement of the State on the basis of Maslaha. Order dated; 18-9-2007. The Court has allowed the petition on 14-11-1991 and directed that nessary detections and amendments be made in section 4(2), 21(2), 24(11,12), 24(2) and 30(1)(C) by 30th June 1992 so as to bring them in comferty with the injunctions of Islam as laid down in the Holy Quran and Sunnah. PLD 1992 FSC Page 501
Supreme Court of Pakistan upheld the judgment of FSC and dimissed the appeal on 23-12-1999 PLD 2000, SC.Page 760.
111 S.P.No.59-I-1991 Linked with S.P.No.83-L-1991 Linked with S.P.No.86-L-1991 S.P.No.87-L-1991 S.P.No.88-L-1991 Linked with S.P.No.94-L-1991 Linked with S.P.No.100-L-1991 507 . S.P.No.26/I/1990 Dr. Mehmood-urRehman Faisal Vs. Secretary M/o Justice etc. L/W S.P.No.07-L/1990 L/W S.P.No.06-L/1990 L/W S.P.No.30-L/1990 L/W S.P.No.06-I/1990 L/W S.P.No.42-I/1990 L/W S.P.No.06-L/1991 L/W S.P.No.11-L/1991 L/W S.P.No.12-L/1991 Sh.P.No.26/L/1990 Rana Muhammad Shabbir Ahmed Khan Vs. Province of Punjab Fiscal laws the touchstone against the Injunctions of Holy Quran and Sunnah. Disposed of on 27.5.1991 Appeal has not having not pressed. The filed. petitioner requests for two weeks time to file fresh application. He will, however, be at liberty to file fresh petition as and when likes.
508 .
Section 2, 13, 24, 30, 31 & 34 of Punjab Pre emption Ord. XVIII of 1990 challenged being repugnant to injunctions of Islam.
Appeal allowed. Section 2(a),6(2),12,13(3),22, 29 & 35(2) of Punjab Pre emption Act, 1991 were declared repugnant to the injunctions of Islam vide Courts judgment dated 30.5.1991. PLD 1991 FSC Page-80
509 .
Sh.P.No.27/I/1990 Dr. Mehmood-urRehman Faisal Vs Secretary, M/o Law & Justice etc
Section 3(1) Sale Tax Act, 1951 being repugnant to injunctions of Islam.
Appeal filed in the Honble Supreme Court .The Appeal of the Punjab Govt: sections 2(a) 6(2)and 35(2) have been dismissed while the appeal of Punjab Govt regarding sections 13(3),22 of 24 has been allowed dt.2.9.1993, PLD 1994 SC Page-1. The revision petition against this Judgment has also been dismissed as barred by time on 6.10.2004. The Federal Shariat Court Appeal has not has already been held In filed. Sh.P.No.11/L/1990 that the State is empowered to impose taxes on its subject to meet the financial
112 requirement of the State on the basis of Maslaha. Order dated; 18-9-2007. Dismissed as withdrawn on Appeal not 3.2.1991 filed
510 .
S.P.No.27/L/1990 Muhammad Naeem Virk Vs. Govt. of Pakistan & others
511 .
Sh.P.No.28/I/1990 Dr.Mehmood-urRehman Faisal Vs. Secretary, M/o Justice etc.
Industrial Relation Commission Ord., 1969, Payment of Wages Act, 1936, Employees Old Age Benefit Act, 1976, Employees Cost of Living Relief Act, 1973 etc. challenged being repugnant to injunctions of Islam. In this Shariat petition sec. 4 of the court fees act, 1870 has been challenged.
512 .
Sh.P.No.28/L/1990 Muhammad Naeem Virk etc. Vs. Govt. of Pakistan etc. S.P.No.29/I/1990 Dr.Muhammad Aslam Khaki Vs. Federation of Pakistan through Ministry of Justice Islamabad and 5 others
513 .
Section 6 section 25-A, subsection (3) (4) of Payment of Wages Act, 1936 challenged being repugnant to injunctions of Islam Challenged section 259(1) of ADBP Ordinance IV 1961.
Disposed of on 27.5.1991,The court has been pleased to hold that the provisions of sections 4,6,7 and 35 read with Schedule IV and V of the Punjab Finance Act No.XIV of 1973,Punjab Ordinance,1981, further amending Article 13 of Schedule II of the Court Fees Act,1870 Sections 4 and 7 of Schedule I as amended by Sind Finance Act IV of 1990, sections 3 and 4 of Baluchistan Finance (Amendment) Ordinance,1981, the relevant provision of NWFP Court Fees Act/Ordinance including NWFP Court Fees (Amendment) Ordinance,1980 and any other provision in the Central and Provincial statutes relating to charging of Court fees, which might not have been pointed out or referred to this Court by the representatives of respective governments, (for lack of information or any other reason) are declared as repugnant to the Injunctions of Islam.PLD 1992 FSC Pge 195 Dismissed as withdrawn on 3.2.1991.
Appeal filed in the Honble Supreme Court.Pending
Appeal not filed
Dismissed as withdrawn on Appeal has not 22.4.1992 to file a fresh filed. petition after studying the provisions of ADBP Act and Rules made there under.
113 514 . 515 . Sh.P.No.29/L/1990 Mst. Bilqees Akhtar Vs. Fed: of Pakistan Sh.P No.30/I/1990 Dr. Mehmood-urRehman Faisal Vs. Secretary Law Ministry of Law Justice & Parliamentary Affairs Govt. of Pakistan etc. L/W S.P No.21-L/1990 L/W S.P No.27-L/1990 L/W S.P No.08-K/1990 L/W S.P No.01-K/1991 L/W S.P No.04-K/1991 L/W S.P No.32-I/1991 L/W S.P No.48-L/1991 L/W S.P No.68-L/1991 L/W S.P No.71-L/1991 L/W S.P No.56-I/1991 L/W S.P No.16-C-I/1991 L/W S.P No.17-C-I/1991 L/W S.P No.74-I/1991 L/W S.P No.31-I/1990 L/W S.P No.21-L/1990 L/W S.P No.27-L/1990 L/W S.P No.33-I/1991 L/W S.P No.42-I/1991 L/W S.P No.69-L/1991 L/W S.P No.70-L/1991 L/W S.P No.35-I/1991 L/W S.P No.16-A-I/1991 L/W S.P No.17-A-I/1991 L/W S.P No.02-I/1991 L/W S.P No.02-L/1991 L/W S.P No.04-I/1991 L/W S.P No.21-L/1990 Muslim Personal Law, Inheritance Law. The Interest Act, 1839, The Govt. Savings Banks Act, 1873, section 78 and 80 of Negotiable Instrument Act, 1881, The Land Acquisition Act, 1894, The Code of Civil Procedure, 1908, Section 34 CPC, The Cooperative Societies Act, 1925, The Cooperative Societies Rules, 1927, The Insurance Act, 1938, The State Bank of Pakistan Act, 1956, The West Pakistan Money Lenders Ord., 1960, The West Pakistan Money Lenders Rule, 1965, The Punjab Money Lenders Ord., 1960, The Sindh Money Lender Ord., 1960, The Baluchistan Money Lender Ord., 1960, The ADBP Rules, 1961, section 8(2)(a) of Banking Companies (Recovery of Loans) Ord. 1979, Banking Companies Rules, 1963, The Banks (Nationalization) (Payment of Compensation) Rules, 1974 challenged being repugnant to injunctions of Islam Dismissed having jurisdiction 3.2.1991 not Appeal not filed Supreme Court upheld the judgment of FSC and dismissed the appeal on 2312-1999, PLD 2000 SC Page225-770. Review petition filed in Supreme Court and remanded the cases to FSC on 24-6-2002, PLD 2002 SC Page-800
The Honble Court, vide in its judgment dated 14.11.1991, held that: Rule 17 (1)(2) ADBP Rules 1961 is repugnant to injunctions of Islam and words in addition to interest in rule 17 (3) be deducted. Provision of section 25(2)(a), Banking Companies , 1962 relating rate of interest and mark up are repugnant to injunctions of Islam and will cease to have effect as on and from 1st July, 1992. Provision of Section 8(2) (a) & (b) Banking Companies (Recovery of Loans) , 1979 relating to interest and mark up are repugnant to injunctions of Islam and will cease to have effect as on and from 1st July, 1992. Provision of rule 9(2)(3), Banking Companies Rules, 1963 pertaining to interest are repugnant to injunctions of Islam and will cease to have effect as on and from 1st July, 1992. Rule 9 Banks (Nationalization) Payment of Compensation Rules, 1974 referring to interest are repugnant to injunctions of Islam and will cease to have effect as on and from 1st July, 1992. Provisions of section 34, 34(a)(b), rule 2(a) CPC relating to interest, mark up, lease, heir, purchase and service charge are repugnant to injunctions of Islam and will cease to have effect as on and from 1st July, 1992. Section 59, 79(2)(e) & all provisions relating to Interest in Cooperative Societies Act, 1925 and Rules, 1927 relating to words interest are return are repugnant to injunctions of Islam and will cease to have effect as on and from 1st July, 1992. The General Financial Rules relating to interest or Riba bearing transactions of D&D Officers Book are repugnant to injunctions of Islam and will cease to have effect as on and from 1st July, 1992.
114 L/W S.P No.27-L/1990 L/W S.P No.08-K/1990 L/W S.P No.01-K/1991 L/W S.P No.04-K/1991 L/W S.P No.24-L/1991 L/W S.P No.25-L/1991 L/W S.P No.17-I/1991 L/W S.P No.31-I/1991 L/W S.P No.45-I/1991 L/W S.P No.16-I/1991 L/W S.P No.72-L/1991 L/W S.P No.74-L/1991 L/W S.P No.57-I/1991 L/W S.S.M.P No.03-I/1991 L/W S.P No.01-L/1991 L/W S.P No.27-I/1991 L/W S.P No.28-I/1991 L/W S.P No.30-I/1991 L/W S.P No.85-L/1991 L/W S.P No.16-I/1990 L/W S.P No.17-I/1990 L/W S.P No.51-I/1991 L/W S.P No.64-I/1991 L/W S.P No.65-I/1991 L/W S.P No.66-I/1991 L/W S.P No.67-I/1991 L/W S.P No.14-I/1990 L/W S.P No.19-I/1990 L/W S.P No.17-L/1990 L/W S.P No.68-I/1990 L/W S.P No.72-I/1990 L/W S.P No.13-L/1991 L/W S.P No.27-L/1991 L/W S.P No.34-L/1991 Govt. Savings Bank Act (V) of 1873 providing for payment of deposit together with interest are repugnant to injunctions of Islam and will cease to have effect as on and from 1st July, 1992. HBFC Act (XVIII) of 1952 relating to words, return and due share based on interest are repugnant to injunctions of Islam and will cease to have effect as on and from 1st July, 1992 and section 24(2)(g)(11)(12) & (18) are not repugnant to injunction of Islam HBFC Investment Regulations, 1979, Regulation 14(1) being arbitrary and against the spirit of partnership in the real sense are repugnant to injunctions of Islam and will cease to have effect as on and from 1st July, 1992. Insurance Act (IV) 1938 providing for range of rates of interest are repugnant to injunctions of Islam and will cease to have effect as on and from 1st July, 1992. Interest Act (XXXII) of 1839 is repugnant to injunctions of Islam and will cease to have effect as on and from 1st July, 1992. Riba absolute Provisions on Riba would not be relaxed unless it was done so in the Quran or by the Holy Prophet Himself. Any advantage drawn through loan is not permissible, Banks Interest come within the definition of Riba and is forbidden by Holy Quran and Sunnah Verses of Quran prohibiting Riba, taken as a whole and particularly the last ones which declare the interest as prohibited or absolute in turn. Underlying philosophy of Zulm in the context of Riba are repugnant to injunctions of Islam and will cease to have effect as on and from 1st July, 1992. Punjab Finance Act (XIV) of 1973, Punjab Local Govt. (VI) of 1979, Punjab Money Lenders (XXIV) of 1960 provisions relating to interest are repugnant to injunctions of Islam and will cease to have effect as on and from 1st July, 1992. Sindh Finance Act (IV) of
115 L/W S.P No.36-L/1991 L/W S.P No.39-L/1991 L/W S.P No.22-L/1991 L/W S.P No.33-L/1991 L/W S.P No.41-L/1991 L/W S.P No.44-I/1991 L/W S.P No.60-L/1991 L/W S.P No.46-I/1991 L/W S.P No.46-L/1991 L/W S.P No.47-I/1991 L/W S.P No.48-I/1991 L/W S.P No.54-I/1991 L/W S.P No.62-L/1991 L/W S.P No.79-L/1991 L/W S.P No.69-I/1991 L/W S.P No.68-I/1991 L/W S.P No.33-L/1991 L/W S.P No.102-L/1990 L/W S.P No.18-I/1990 L/W S.P No.21-I/1990 L/W S.P No.20-I/1990 L/W S.P No.12-L/1990 L/W S.P No.21-L/1990 L/W S.P No.07-K/1990 L/W S.P No.27-L/1990 L/W S.P No.73-I/1990 L/W S.P No.01-K/1991 L/W S.P No.17-L/1991 L/W S.P No.18-L/1991 L/W S.P No.26-L/1991 L/W S.P No.29-L/1991 L/W S.P No.30-L/1991 L/W S.P No.31-L/1991 L/W S.P No.32-L/1991 1990, Sindh Money Lenders Ord., 1960, provisions relating to interest are repugnant to injunctions of Islam and will cease to have effect as on and from 1st July, 1992. State Bank of Pakistan Act (XXXIII) of 1956 (Purchase of debentures, bonds etc. on the basis of interest are repugnant to injunctions of Islam and will cease to have effect as on and from 1st July, 1992. West Pakistan Money Lenders (XXIV) of 1961, Sindh Money Lenders 1960, NWFP Money Lender 1960, Baluchistan Money Lenders 1960 and Punjab Money Lenders 1960 and Rules 1965 thereunder are repugnant to injunctions of Islam and will cease to have effect as on and from 1st July, 1992.(PLD 1992 FSC. Page 1)
116 L/W S.P No.26-I/1991 L/W S.P No.28-L/1991 L/W S.P No.43-I/1991 L/W S.P No.42-L/1991 L/W S.P No.13-L/1990 L/W S.P No.21-L/1991 L/W S.P No.49-L/1991 L/W S.P No.67-L/1991 L/W S.P No.73-L/1991 L/W S.P No.76-L/1991 L/W S.P No.50-I/1991 L/W S.P No.89-L/1991 L/W S.P No.90-L/1991 L/W S.P No.66-L/1991 L/W S.P No.91-L/1991 L/W S.P No.93-L/1991 L/W S.P No.58-I/1991 L/W S.P No.16-B-I/1991 L/W S.P No.17-B-I/1991 L/W S.P No.101-L/1991 L/W S.P No.73-I/1991 S.P.No.30/L/1990 Muhammad Idrees Vs. Govt. of Punjab
516 .
Section 36 of Punjab Pre emption Ord. of 1990 challenged being repugnant to injunctions of Islam.
The judgment in the above subject matter has already been passed in S.P.No.06L/1990 whereby appeal was allowed and section 2(a),6(2),12,13(3),22, 29 & 35(2) of Punjab Pre emption Act, 1991 were declared repugnant to the injunctions of Islam vide Courts judgment dated 30.5.1991 PLD 1991 FSC Page-80
.The Appeal of the Punjab Govt: sections 2(a) 6(2)and 35(2) have been dismissed while the appeal of Punjab Govt regarding sections 13(3),22 of 24 has been allowed dt.2.9.1993, PLD 1994 SC Page-1. The revision petition against this Judgment has also been dismissed as barred by time on
117 6.10.2004.App eal filed in the Honble Supreme Court Appeal has not filed.
517 .
518 .
S.P.No.31/I/1990 Dr. Mehmood-ur Rahman Faisal Vs. Secretary Ministry of Justice Govt: of Pakistan etc S.P.No.31/L/1990 Muhammad Munir Vs. Province of Punjab L/W Sh. Suo Moto No.6I/1991 L/W Sh. Suo Moto No.7I/1991 L/W Sh. Suo Moto No.8I/1991 L/W Sh. Suo Moto No.9I/1991 S.P.No.32/I/1990 Dr.Mehmood ur Rehman Vs. Secty; Ministry of Justice etc
Challenged Govt: Savings Banks Act 1873, Section 10 as repugnant to the injunctions of Islam. Section 10(1) of Punjab Civil Servants Act, 1974, however, the Court also took suo moto notice of sections 11(1) of Pakistan Civil Servants Act, 1973, NWFP Civil Servants Act, 1973, Baluchistan Civil Servants Act, 1974 & Sindh Civil Servants Act 1973 challenged being repugnant to injunctions of Islam. In these connected Shariat Petitions a number of provisions of House Building Finance Corporation, Act 1952 have been challenged as repugnant to the Injunctions of Islam. Recovery of interest in respect of Banking Companies Recovery of Loan Ordinance challenged being repugnant to injunctions of Islam. Challenged Interest on Loan taken by the petitioner from the Habib Bank. Section 38 of Ord. IV of 1961 and Rule 17 of ADBP Rules, 1961 challenged being repugnant to injunctions of Islam.
Allowed 14.11.1991
All petitions were dismissed Appeal not being not repugnant to the filed injunctions of Islam on 22.4.2009.
519 .
520 .
S.P.No.32/L/1990 S. Abdul Hameed Vs. House Building Finance Corporation.
The Court has allowed the petition on 14-11-1991 and directed that nessary detections and amendments be made in section 4(2), 21(2), 24(11,12), 24(2) and 30(1)(C) by 30th June 1992 so as to bring them in comferty with the injunctions of Islam as laid down in the Holy Quran and Sunnah. Dismissed being incompetent on 16.6.1991.
Supreme Court of Pakistan upheld the judgment of FSC and dimissed the appeal on 23-12-1999 PLD 2000, SC.Page 760. Appeal not filed
521 . 522 .
S.P.No.33/I/1990 M.S Kashmir Fabrics Vs. M.S Habib Bank Limited S.P.No.33/L/1990 Farooq Ahmed Maneka Vs. President of Pakistan
Dismissed on 2.6.1991 as Appeal has not withdrawn as the petitioner filed. has not challenged any provision of law. The judgment on the same subject matter has already been passed in Sh.P.No.30I/1990 on 14.11.1991 vide PLD 1992 page 1. Supreme Court upheld the judgment of FSC and dismissed the appeal on 2312-1999, PLD 2000 SC Page225-770. Review petition filed in Supreme Court and remanded the cases to FSC
118 on 24-6-2002, PLD 2002 SC Page-800 523 . Sh.P.No.34/L/1990 Mst. Noor Bakht Vs. House Building Finance Corp. Interest Act, 1939, section 24 SubSection (6), (8) of Act, XVIII of 1952. Recovery of interest challenged being repugnant to injunctions of Islam. Personal grievance Dismissed as withdrawn on Appeal not 2.7.1991. filed
524 . 525 .
S.P.No.35/I/1990 Allah Yar Vs. ADBP Sh.P.No.35/L/1990 Muhammad Sadiq Vs. National Industrial Corp. Ltd. etc. S.P.No.36/I/1990 Rafique Mehmood Vs. Govt: of Pakistan S.P.No.36/L/1990 Syed Raza Sultan Vs. House Building Finance Corp. etc.
526 . 527 .
Recovery of interest in respect of Banking Companies Recovery of Loan Ord. challenged being repugnant to injunctions of Islam. Personal grievance
Dismissed on 9.12.1990 as this Court under Chapter 3-A of the Constitution is not empowered to give such a relief. Dismissed as withdrawn on 10.2.1991.
Appeal not filed
528 .
S.P.No.37/I/1990 M.S Zahid Brothers Faisalabad Vs. MCB Limited S.P.No.39/I/1990 Begum Nasim Akhtar Vs. HBFC S.P.No.40/I/1990 Afzal Javid Vs. Govt: of Pakistan S.P.No.41/I/1990 Niaz Hussain Lakhwara Vs. Govt: of Pakistan S.P.No.42/I/1990 Ghulam Ahmad Awan Maibl Vs. Govt: of Punjab Sh.P.No.06/L/1990 Muhammad Ismail Qureshi Vs. Govt. of Punjab
Recovery of interest in respect of Banking Companies Recovery of Loan Ordinance challenged being repugnant to injunctions of Islam. Personal grievance
Dismissed on 11.12.1990 as this Court under Chapter 3-A of the Constitution is not empowered to give such a relief. Dismissed being incompetent on 16.6.1991
Appeal not filed
529 . 530 . 531 . 532 .
Challenged interest for personal grievance. Challenged Zakat Ordinance, 1980 Personal grievance
Disposed of as withdrawn on 10.2.1991, as the petitioner has not challenged any provisions of law as repugnant to the injunctions of Islam Dismissed on 13.12.1990 as withdrawn
Appeal not filed
Appeal not filed
Dismissed in limine on dated Appeal not 13-6-1991. filed Dismissed on 2.6.1991 as the has not challenged any provisions of law as repugnant to the injunctions of Islam Disposed of on 30.5.1991. The Court has held that sections 2(a), 6(2),12, 13(3), 22,29 and 35 (2) of the Punjab pre-emption Act,1991, to the extent stated there-under, are declared as repugnant to the Injunctions of Islam laid down in the Holy Quran and Appeal not filed
Challenged Punjab Pre-emption Order 1990.
Appeal filed in the Honble Supreme Court .The Appeal of the Punjab Govt: sections 2(a) 6(2)and 35(2) have been dismissed
119 L/W S.P.No.07-L/1990 L/W S.P.No.26-L/1990 L/W S.P.No.30-L/1990 L/W S.P.No.06-I/1990 L/W S.P.No.42-I/1990 L/W S.P.No.06-L/1991 L/W S.P.No.11-L/1991 L/W S.P.No.12-L/1991 Sunnah of the Holy Prophet(BPUH) . They are declared as void and will cease to be effective as on 31st December, 1991, unless amended and altered by the Provincial legislature to bring them in conformity with the Injunctions of Islam as discussed in the judgment. It has also been held that this Court examined only those provisions of the Punjab preemption Act, 1991, which were challenged through several petitions submitted in this Court. It does not, therefore, mean that the other provisions of the Act not referred to or discussed herein are in conformity with the Injunctions of Islam as laid down in the Holy Quran and Sunnah of the Holy Prophet(SAW) PLD 1991 FSC Page-80 Dismissed on 2.6.1991 as the has not challenged any provisions of law as repugnant to the injunctions of Islam Dismissed as withdrawn on 11.12.1990 as the petitioners intend to be challenged a fresh petition specifying the provisions of law. Dismissed on 9.10.2000 as the petitioner having challenged the impugned legislation on the ground it being violative and interfered with individual agreement inter-se the parties to such agreement therefore, in absence in such agreement if could be ascertain whether such legislation or any manner violative of the injunctions of Quran and Sunnah Dismissed on 9.12.1990, as this Court under Chapter 3-A of the Constitution is not empowered to give such a relief. Dismissed in limine on 16.12.1991 as the petitioner has not challenged any provision of law Disposed of on dated 11-121990. while the appeal of Punjab Govt regarding sections 13(3),22 of 24 has been allowed dt.2.9.1993, PLD 1994 SC Page-1. The revision petition against this Judgment has also been dismissed as barred by time on 6.10.2004.
533 . 534 .
S.P.No.43/I/1990 Mrs.Razia Begum Vs. HBFC S.P.No.44/I/1990 Saeed Shaukat Qureshi Vs. Govt: of Pakistan S.P.No.46/I/1990 Mukhtarul Jalil Vs. Federal Government L/W S.P.No.54/I/1990.
Personal grievance
Challenged Fiscal Laws
535 .
Challenged Presidents Order 3 of 1982 regarding Foreign Currency Loans (rate of exchange 1982
Filed in Supreme Court and has been dismissed on 7.5.2009.
536 . 537 . 538 .
S.P.No.47/I/1990 Sultan Mehmood Vs. United Bank S.P.No.48/I/1990 Muhammad Ayub Vs. Govt: of Pakistan S.P.No.49/I/1990 Saeed Shaukat Qureshi Vs. Government of Pakistan S.P.No.50/I/1990 Abdul Sattar Khan
Personal grievance
Discrimination between the Urban and Cantonment Property Tax Act. Recovery of Banking Interest personal grievance.
Appeal has not filed. Appeal has not filed.
539
Challenged provisions of ADBP
Withdrawn on 9.12.1990 to Appeal has not file fresh petition specifying filed.
120 Vs. Chairman ADBP etc S.P.No.51/I/1990 Siraj Soap Factory Vs. NBP of Pakistan Ordinance No. IV of 1961 Personal grievance. the impugned sections and rules of the relevant law Withdrawn on 11.12.1990 to file fresh petition specifying the impugned provisions of law which he intend to challenge in this court as repugnant to the injunctions of Islam Dismissed on 18.9.2007, in view of the order passed in S.P.No.27-I-1990 that in the presence of Zakat and Ushr, no tax can be imposed on the subject by the State. Dismissed on 9.12.1990 as this court is not impowered to give such a relief. Dismissed on 9.10.2000 as the petitioner having challenged the impugned legislation on the ground it being violative and interfered with individual agreement inter-se the parties to such agreement therefore, in absence in such agreement if could be ascertain whether such legislation or any manner violative of the injunctions of Quran and Sunnah Withdrawn on 6.1.1991 for want of jurisdiction
540 .
541 .
S.P.No.52/I/1990 Muhammad Bashir Vs. Govt. of Punjab
The Punjab Urban Immovable Property Tax Act,1958.
542
S.P.No.53/I/1990 Muhammad Safdar . Vs. Govt: of Pakistan 543 S.P.No.54/I/1990 Muhammad Manzoor . Mian Vs. Govt: of Pakistan Linked with S.P.No.46-I-1990
Personal grievance
Appeal has not filed. Filed in the Supreme Court and dismissed on dated 28-42009
Challenged Presidents Order 3 of 1982 regarding Foreign Currency Loans (rate of exchange 1982)
544 .
S.P.No.55/I/1990 Rasheed Ahmad Nadvi Vs. The President of Pakistan etc
545 .
S.P.No.56/I/1990 Habib-ul-Wahab-ul Khairy Vs. Federation of Pakistan S.P.No.57/I/1990 Syed Manzoor Shah Vs. Govt: of Pakistan
546 .
547 . 548 .
S.P.No.58/I/1990 Noor Muhammad Vs. Govt: of Pakistan S.P.No.59/I/1990 Asghar Ali Vs. Govt: of Pakistan
Challenged Martial Law of 1977, Referendum of 1985, 8th amendment and various Ordinances issued by the Late Gen: Muhammad Ziaul Haq Challenged sections 2, 3 (4), 4,5(2) and 6 of the Holders of representative Officers (prevention of misconduct) Act , 1976 Prayed that if the divorce has been withdrawn on the next day of the pronouncement it is not effective and thereafter no second marriage should be allowed. Personal grievance Personal grievance
Dismissed as anfractuous in Appeal has not so far as the repealed Act filed. 1976 is concerned on dated 22-4-1992
Dismissed 22.5.1991 jurisdiction
in limine for want
on Appeal has not of filed.
Dismissed on 9.12.1990 as Appeal has not this court is not empowered filed. to give such a relief Dismissed 13.1.1991 jurisdiction in limine for want on Appeal has not of filed.
Challenged Article 227 of the Constitution on the ground that it is not comprehensive and
121 is thus repugnant to the injunctions of Islam. West Pakistan Renst Allowed on 1-10-1991, PLD Pending in Restriction 1992, FSC Page 286 Hon.SC Ordinance 1959, is repugnant to the Injunctions of Islam
549 .
S.P.No.60/I/1990 Molvi Gull Hussain Vs Government of Pakistan L/W S.P.No.5/I/1985 L/W S.P.No.9/L/1990 L/W S.P.No.71/I/1990
550 . 551 . 552 .
S.P.No.61/I/1990 Muhammad Mushtaq Vs. NBP of Pakistan S.P.No.62/I/1990 Mst.Faizn Abbas Vs. Govt: of Pakistan S.P.No.63/I/1990 Shireen Dil Khan Niazi Vs. Secretary of Defence etc Linked with S.P.No.67-I-1990 Linked with S.P.No.18-I-1991 Linked with S.P.No.24-I-1991
Personal grievance.
Dismissed on 11.12.1990 as Appeal has not this court is not empowered filed. to give such a relief Dismissed on 13.12.1990 for Appeal has not want of jurisdiction filed. Allowed off on 14.10.1992. The Court has been pleased to Order that the division of pensioners into new and old pensioners is also discriminatory. Actually pensioner is a pensioner irrespective of the irrespective of the date on which he retired and whenever there is any revision of salary or pension each one of the pensioners is entitled to get pension equal to the other in the same grade or category. It transpires that section 19 of Civil Servant Act is being implemented by the Government is respect of different pensioners not keeping in view the principle of Adl and Ihsan. The Court is also of the view that the aforesaid impugned Notification of the year 1985 and 1986 are in consistent with the injunctions of Islam in as much as the principle of Adl and Ihsan have been over locked. The Court will direct that regulation 4 of the Civil Serves regulations be also brought in conformity with the injunctions of Islam The judgment shall take effect after 6 months from today i.e. 14.10.1992. S.D 1993,page 150 Dismissed on 13.12.1990 for want of jurisdiction Filed in Supreme Court and dismissed on dated 9-12004. SCMR 2005 page 292
Personal grievance.
Discrimination between Old Pensioners and new pensioners.
553 .
S.P.No.64/I/1990 Rafique Ahmad Vs.
Personal grievance
122 Govt. of Pakistan. 554 . S.P.No.64/L/1990 Fazal Wahab Vs. Govt. of Pakistan S.P.No.65/I/1990 Fazal Wahab Vs. Govt. of Pakistan S.P.No.66/I/1990 Asghar Ali Vs. Govt. of Pakistan S.P.No.67/I/1990 Maj. M. Yousaf Khan etc Vs. Secretary Ministry of Finance Linked with S.P.No.63/I/1990 Linked with S.P.No.18/I/1991 Linked with S.P.No.24/I/1991 Personal grievance Dismissed as withdrawn on Appeal has not 9.12.1990. filed.
555 . 556 . 557 .
Personal grievance
Dismissed as withdrawn on Appeal has not 9.12.1990. filed. Dismissed in limine 13.1.1991 for want jurisdiction. on Appeal has not of filed.
Challenged provision of Constitution Discrimination between Old Pensioners and new pensioners
558 .
S.P.No.68/I/1990 Shehzada Abdul Hadi Vs. Secretary M/o Justice Islamabad etc.
Challenged subrule (1) and (2) of Rule 17 of the A.D.B.P Rules,1961
Allowed off on 14.10.1992. The Court has been pleased to Order that the division of pensioners into new and old pensioners is also discriminatory. Actually pensioner is a pensioner irrespective of the irrespective of the date on which he retired and whenever there is any revision of salary or pension each one of the pensioners is entitled to get pension equal to the other in the same grade or category. It transpires that section 19 of Civil Servant Act is being implemented by the Government is respect of different pensioners not keeping in view the principle of Adl and Ihsan. The Court is also of the view that the aforesaid impugned Notification of the year 1985 and 1986 are in consistent with the injunctions of Islam in as much as the principle of Adl and Ihsan have been over locked. The Court will direct that regulation 4 of the Civil Serves regulations be also brought in conformity with the injunctions of Islam The judgment shall take effect after 6 months from today i.e. 14.10.1992. S.D 1993, Page 150 Riba/interest case. Allowed and disposed of on 14.11.1991, reasons recorded in the detailed judgment in S.P.No.30-I1990 and others.(PLD 1992 FSC Page 1 )
Filed in Supreme Court and has been dismissed on 9.1.2004 SCMR 2005 page 292
Supreme Court upheld the judgment of FSC and dismissed the appeal on 2312-1999, PLD 2000 SC Page225-770. Review petition filed in
123 Supreme Court and remanded the cases to FSC on 24-6-2002, PLD 2002 SC Page-800 559 . 560 . S.P.No.69/I/1990 Mst.Fatima Bibi Vs. President of Pakistan etc. S.P.No.70/I/1990 Asghar Ali Vs. Govt. of Pakistan Personal grievance Withdrawn on 13.12.1990 to Appeal has not file fresh petition. filed.
561 .
S.P.No.71/I/1990 Syed Irtiza Hussain Vs Government of Sindh L/W S.P.No.60/I/1990 L/W S.P.No.9/L/1990 L/W S.P.No.5/I/1985 S.P.No.73/I/1990 Mian Saleem-ud-Din etc. Vs. Federation of Pakistan etc.
To declare any provision of the Constitution as being repugnant to the Injunctions of Islam. In this petition certain provision of the Sindh rent primises ordinance, 1979 have been challenged on the grounds that they are repugnant to the Injunctions of Islam Challenged Section 8(2) and 25(2) of the Banking Companies Ordinance (Recovery of Loans) 1979 and section 34-B of the Code of Civil Procedure
Dismissed on 13.12.1990 Appeal has not for want of jurisdiction filed.
Allowed on 1-10-1991.PLD Appeal has 1992 FSC page 292 filed in SC Pending
562 .
Allowed and disposed of on 14.11.1991, reasons recorded in the detailed judgment in S.P.No.30-I1990 and others (Riba/Interest case
Supreme Court upheld the judgment of FSC and dismissed the appeal on 2312-1999, PLD 2000 SC Page225-770. Review petition filed in Supreme Court and remanded the cases to FSC on 24-6-2002, PLD 2002 SC Page-800 Appeal has not filed. Filed in the Supreme Court of Pakistan. And has been dismissed on 21.2.1993
563 . 564 .
S.P.No.74/I/1990 Qudsia Begum Vs. Govt. of Pakistan S.P.No.75/I/1990 Malik Muhammad Usman Vs. Govt: of Pakistan
Personal grievance
Prayed that this Court may order the State to declare Jihad against the non-Muslims in Pakistan, India, Kashmir and Afghanistan where Muslims are being killed.
Dismissed on 15.12.1991, as the petitioner has not challenged any provision of law. Dismissed in limine on 24.2.1991, as the petitioner has not challenged any provision of law.
1991
S. No. Shariat Petition No. & Party Law Challenged FSC Decision Appeal filed in the
124 Names Hon.Suprem e Court of Pakistan or not with Status Dismissed on 27.4.1992, as Appeal has not the impugned paras are not filed. found repugnant to the Injunctions of Islam as contained in the Holy Quran and Sunnah of the Holy Prophet (PBUH)NLR 1992 SD 622 However the judgment in the same subject matter has already been passed in S.P.No.30-I/1990 on 14.11.1991 vide PLD 1992 page 1. Supreme Court upheld the judgment of FSC and dismissed the appeal on 2312-1999, PLD 2000 SC Page225-770. Review petition filed in Supreme Court and remanded the cases to FSC on 24-6-2002, PLD 2002 SC Page-800
565 .
S.P.No.1/I/1991 Mst.Akhtari Begum & another Vs. Secretary M/O Law etc L/W S.P.No.10/L/1990 S.P.No.01/L/1991 Ch. Ejaz Ahmed Vs. Province of Punjab
Challenged paragraph 22 of Land Reforms Regulation, 1972 (M.L.R.115) as repugnant to the Injunctions of Islam Cooperative Societies Rule, 1927 challenged being repugnant to injunctions of Islam.
566 .
567 .
S. Review P.No.1/I/1991 Gul Muhammad Hajano Vs. Federation of Pakistan Linkedwith S.P.No.1/K/1990 Gul Muhammad Hajano Vs. The State
Challenged provision of Sindh Service Tribunal Act, 1973 and Rule 2 of the Service Tribunal (Qualification of Members) Rules, 1974
Dismissed for non- Appeal has not prosecution on 11.5.2007 at filed. Karachi
Dismissed on 21.5.1991 Challenged provision of Sindh Service Tribunal Act, 1973 and Rule 2 of the Service Tribunal (Qualification of Members) Rules, 1974 Section 8(2) of Banking Companies (Recovery of Loans) Ord. 1979, section 24, 24(a)(b) CPC and Interest Act, 1839 challenged being repugnant to injunctions of Islam.
568 .
S.P.No.01/K/1991 Niazuddin Pir Bux Allah Wala Vs. Fed: of Pakistan etc.
The judgment on the same subject matter has already been passed in S.P.No.30I/1990 on 14.11.1991 vide PLD 1992 page 1.
Appeal on the same subject matter was filed in the Honble Supreme Court of Pakistan that upheld the judgment of this Court but remanded the case to this
125 Court on a review jurisdiction. 569 . Sh.P.No.2/I/1991 Haji Muhammad Saifullah Khan Vs. Federal Government Sh.P.No.02/L/1991 Dr. Syed Asad Gilani Vs. Government of Pakistan Challenged Articles 203(c) and 203-C (5) of the Constitution of Islamic Republic of Pakistan. Section 24 of Land Acquisition Act, 1894 challenged which inter alia provides that the collector shall lpay the amount awarded with interest thereon at the rfate of six per centum per annum being repugnant to injunctions of Islam. Dismissed on 20.2.1992, for Appeal not want of jurisdiction. PLD filed. 1992 FSC Page 376
570 .
The same order as in S.S.M. Supreme No.4-I/1991 dated Court upheld 24.10.1991. the judgment of FSC and dismissed the appeal on 2312-1999, PLD 2000 SC Page225-770. Review petition filed in Supreme Court and remanded the cases to FSC on 24-6-2002, PLD 2002 SC Page-800 Disposed of on 23.5.1991. The provisions of Article 16 of the Qanun-e-Shahadat Order, 1984 is declared as repugnant to the Injunctions of Islam to the extent that an accomplice is not a competent witness in offences punishable with Qisas and a conviction based on uncorroborated testimony of an accomplice even in the matter of tazir will be illegal. PLD 1991 FSC Page-139.
571 .
Sh.P.No.2/K/1991 Muhammad Shafi Muhammadi Vs. Federation of Pakistan and another L/W S.P.No.17/I/1989 L/W S.P.No.3/I/1990
Challenged in its own way, the specific provisions of the Qanun-eShahadat Order, 1984.
572 .
Sh.P.No.3/I/1991 Haji Muhammad Saifullah Khan Vs. Federation of Pakistan
573 .
S.Ref.No.3/I/1991 Muhammad Moosa Soomro Vs. S.O.(Judicial) and Muhammad Kasim Lashari, A.D.M)
Appeal has filed. And allowed article 16 of qanun e shahdat ord.1984 has been declear repugnant to the injuction of Islam dt.22.6.1993.P SC 1994 Page434. The review petition has been dismissed for non procecution on 4.10.2004. Challenged Section Dismissed on 5.3.1992, this Appeal has not 3, 13(4), 18, 19, Court is not possessed of the filed. first schedule and jurisdiction with regard to second schedule of Muslim personal law, the the Zakat and Usher collection and distribution of Ordinance, 1980 on Zakat being one of its the ground that branches, the petition is they are repugnant hand is not maintainable. to the Injunctions of Islam. Challenged varies Reference is answered in the Appeal has not provisions of the negative on 8.12.1991. filed. West Pakistan Vagrancy Ord: 1958 and rules made there under have been as repugnant to the Injunctions of Islam.
126 574 . Sh.P.No.03/L/1991 Muhammad Ramzan Vs. Federal Government of Pakistan Sh.P.No.03/K/1991 Muhammad Akhtar Vs. Govt. of Punjab etc. Sh.P.No.4/I/1991 Prof. Muhammad Razzaq Malik Vs. Government of Pakistan Sh.P.No.04/L/1991 Rehmat Ali etc. Vs. ADBP etc. No law challenged but personal grievance challenged being repugnant to injunctions of Islam Law pertaining to Nikah, Rukhsati & khula challenged being repugnant to injunctions of Islam. Challenged the procedure of registration of FIR/Complaint with police U/S 307 PPC as they are repugnant to the Injunctions of Islam Recovery of interest in respect of Banking Companies (Recovery of Loans) Ordinance challenged being repugnant to injunctions of Islam Interest Act, 1839, section 34, 34(a)(b) CPC challenged being repugnant to injunctions of Islam Dismissed on 10.2.1991 Appeal not having not jurisdiction. filed
575 . 576 .
Petition dismissed in limine Appeal not on 8.12.1991 being not filed maintainable. Withdrawn on 24.3.1991, as Appeal has not the petitioner wants to file filed. fresh petition according to law.
577 .
Dismissed as withdrawn on Appeal not 03-2-1991. filed
578 .
Sh.P.No.04/K/1991 Javed Mazhar Vs. Fed: of Pakistan etc.
Judgment reserved on 30.5.1991 but the same subject matter has already been passed in S.P.No.30I/1990 on 14.11.1991 vide PLD 1992 page 1.
Supreme Court upheld the judgment of FSC and dismissed the appeal on 2312-1999, PLD 2000 SC Page225-770. Review petition filed in Supreme Court and remanded the cases to FSC on 24-6-2002, PLD 2002 SC Page-800
579 .
Sh.P.No.5/I/1991 Habib-ul-Wahab Alkhairi, Advocate Vs. Federation of Pakistan Linkedwith S.P.No.6/I/1991 Habib-ul-Wahab Alkhairi, Advocate Vs. Federation of Pakistan Linkedwith S.S.M.No.12/I/1991 Habib-ul-Wahab Alkhairi, Advocate Vs. Federation of Pakistan S.P.No.6/I/1991 Habib-ul-Wahab
Challenged Sections 5(2), 5 and 10 of the Presidents (Post-Proclamation) Order No.16 of 1977 is repugnant to the Injunctions of Islam. Challenged Sections 4(2) complete and 4(a) of Presidents (Post-Proclamation) Order No.17 of 1977 is repugnant to the Injunctions of Islam. Challenged Sections 4(2) complete and
Disposed of infructuous on Appeal has not 26.10.2000 as repealed. filed.
580
Disposed of infructuous on Appeal has not 26.10.2000 as repealed. filed.
127 Alkhairi, Advocate Vs. Federation of Pakistan Linkedwith Sh.P.No.5/I/1991 Linkedwith S.S.M.No.12/I/1991 Habib-ul-Wahab Alkhairi, Advocate Vs. Federation of Pakistan S.P.No.05/L/1991 Ali Ahmed Wasiq Vs. Govt. of Punjab 4(a) of Presidents (Post-Proclamation) Order No.17 of 1977 is repugnant to the Injunctions of Islam.
581 .
Provisions of Rule 19(2) of Punjab, Sindh, NWFP, Baluchistan Land Revenue Act, 1968 regarding appointment of lumbardar challenged being repugnant to the injunctions of Islam
Dismissed in limine with observation that Honble Court did not find any merit in this petition vide order dated 12.2.1992
582 .
S.P.No.05/K/1991 Qazi Abdul Hameed Siddiqi Vs. Federation of Pakistan
583 .
Sh.P.No.06/L/1991 Ch. Habibullah Vs. Govt. of Punjab etc. L/W Sh.P.No.07-L/1990 L/W Sh.P.No.26-L/1990 L/W Sh.P.No.30-L/1990 L/W Sh.P.No.06-I/1990 L/W S.P.No.42-I/1990 L/W Sh.P.No.06/L/1990 L/W Sh.P.No.11-L/1991 L/W Sh.P.No.12-L/1991
Paragraph C of Proviso 1 of article 9 of the Establishment of Wafaqi Muhtasib Order, 1983 challenged being repugnant to injunctions of Islam. Section 30 Punjab Pre emption Ordinance, XXVI, 1990 being repugnant to injunctions of Islam.
Appeal filed in S.C,and partly allowed on 8.3.1999 Supreme court held at rules 25 and 26 repugnant injuction of Islam to the extant they rcognize the apponment mioner are incapable person is a hedman(Lamb rdar),rule 19(2) of the Punjab land revenue rules, 1968 is also repugnant shall therefore cease to have effect on 1.9.1999 Dismissed in limine on Appeal not 24.4.1991 with observation filed that the Court did not find any repugnancy in the law against the injunction of Islam.
Appeal allowed. Section 2(a),6(2),12,13(3),22, 29 & 35(2) of Punjab Pre emption Act, 1991 were declared repugnant to the injunctions of Islam vide Courts judgment dated 30.5.1991. PLD 1991 FSC Page-80
Appeal filed in the Honble Supreme Court .The Appeal of the Punjab Govt: sections 2(a) 6(2)and 35(2) have been dismissed while the appeal of Punjab Govt regarding sections 13(3),22 of 24 has been allowed dt.2.9.1993, PLD 1994 SC Page-1. The
128 revision petition against this Judgment has also been dismissed as barred by time on 6.10.2004. Dismissed being Appeal not incompetent on 9.2.1992. filed
584 .
Sh.P.No.06/K/1991 Mashriq Employees Union Karachi Vs. Islamic Republic of Pakistan
585 .
Sh.P.No.7/I/1991 Habib-ul-Wahab-ulKhairi Vs. Federation of Pakistan Linked with Sh.P.No.8/I/1991 Linked with Sh.P.No.3/I/1990
586 .
Sh.P.No.7/L/1991 Rana Muhammad Sharif etc Vs. Federation of Pakistan etc Linked with Sh.P.No.25/L/1990 Muhammad Iqbal Ch. Vs. Federation of Pakistan Linked with S.P.No.32/I/1990 Linked with S.P.No.14-L-1991 Linked with S.P.No.50-L-1991 Linked with S.P.No.59-I-1991 Linked with S.P.No.83-L-1991
Certain allegations regarding misappropriation of G.P Fund and gratuity and also privatization of newspapers challenged being repugnant to injunctions of Islam Challenged Section 2,3(4), 4,5(2) and 6 of the Holders of Representative offices (prevention of Misconduct) Act, 1976, Sections 3, 3(2) and 6(3) of Parliament and Provincial Assemblies (Disqualification for membership) Act, 1976 sections 5(2), 5 of the Presidential Order No. 16of 1977, Sections 4(2) of P.O. No.17 and Section 10(4) of Act No XI of 1958 401, 402(b) 494, 495 of Cr.P.C have been Challenged on the grounds that they are repugnant to the Injunctions of Islam. In these connected Shariat Petitions a number of provisions of House Building Finance Corporation, Act 1952 have been challenged as repugnant to the Injunctions of Islam
The above-said provisions of sections 401, 402, 402a, 402, B, 494 and 495 Cr.P.C. and section 10(4) of Pakistan Criminal law Amendment Act, 1958 to bring them in conformity with the Injunctions of Islam as laid down in the Holy Quran and Sunnah on dated 8-8-1991. ( PLD 1991 FSC Pge 236 )
Filed in the Supreme Court of Pakistan and dismissed for nonprosecution on dated 6-52009.
The Court has allowed the petition on 14-11-1991 and directed that nessary detections and amendments be made in section 4(2), 21(2), 24(11,12), 24(2) and 30(1)(C) by 30th June 1992 so as to bring them in comferty with the injunctions of Islam as laid down in the Holy Quran and Sunnah. PLD 1992 FSC Page 501
Supreme Court of Pakistan upheld the judgment of FSC and dimissed the appeal on 2312-1999 PLD 2000, SC.Page 760.
129 Linked with S.P.No.86-L-1991 S.P.No.87-L-1991 S.P.No.88-L-1991 Linked with S.P.No.94-L-1991 Linked with S.P.No.100-L-1991 587 . S.P.No.07/K/1991 Siraj Mehmood Rehmani Vs. Federation of Pakistan & others Interest Act, 1839 (whole), section 79 & 80 of Negotiable Instrument Act, 1881, subsection 2 of section 8 of Banking Companies (Recovery of Loans) Ord. 1979, section 34, 34(a)(b) CPC challenged being repugnant to injunctions of Islam Challenged Section 10(4) of Pakistan Criminal law Amendment Act, 1958. different provisions of Cr.P.C. Returned in original on 9-10- Appeal has not 1991. filed.
588 .
S.P.No.8/I/1991 Habib-ul-Wahab ul Khairi Vs. Federation of Pakistan Sh.P.No.7/I/1991 Habib-ul-Wahab-ulKhairi Vs. Federation of Pakistan Linked with Sh.P.No.3/I/1990 Sh.P.No.08/L/1991 M.S Farooq Brothers & others Vs. U.B.L & others
The above-said provisions of sections 401, 402, 402a, 402, B, 494 and 495 Cr.P.C. and section 10(4) of Pakistan Criminal law Amendment Act, 1958 to bring them in conformity with the Injunctions of Islam as laid down in the Holy Quran and Sunnah on dated 8-8-1991. ( PLD 1991 FSC Pge 236 )
Filed in the Supreme Court of Pakistan and dismissed for nonprosecution on dated 6-52009.
589 .
590 .
Sh.P.No.08/K/1991 Nazir S.Bhatti Vs. Federation of Pakistan Sh.P.No.9/I/1991 Sawab Khan etc Vs. Ayub Khan etc Sh.P.No.09/L/1991 Muhammad Sharif Vs. Secretary Education Punjab Sh.P.No.09/K/1991 Lal Bakhsh Jamali etc. Vs. ADBP etc.
591 . 592 . 593 .
Recovery of interest in respect of Banking Companies (Recovery of Loans) Ordinance challenged being repugnant to injunctions of Islam. Section 4 of Prohibition (Enforcement of Hadd) Order, 1979 & Rules challenged being repugnant to injunctions of Islam Personal grievance (dispute of property). Admission Policy of Colleges challenged being repugnant to injunctions of Islam. Interest Act, 1839, section 34, 34 (a) (b) CPC challenged being repugnant to injunctions of Islam.
Disposed of on 10.2.1991.
Appeal not filed
Dismissed in limine on 9-6- Appeal filed 1992.
Dismissed on 24.3.1991 for Appeal has not want of jurisdiction. filed. Dismissed having no force Appeal not and being misconceived vide filed judgment dated 28.8.1991. Dismissed on 2.2.1992 in Appeal not limine having become filed infructuous as the judgment on the same subject matter has already been passed in S.P.No.30-I/1990 on 14.11.1991 vide PLD 1992
130 594 . 595 . 596 . Sh.P.No.10/I/1991 Qari Muhammad Ashraf Tauhidi Vs. The State Sh.P.No.10/L/1991 M.C.B Ltd Vs. M.S Saqib Brothers etc. S.P.No.10/K/1991 Shaukat Ali Sahoo etc. Vs. ADBP etc. Degree of District Judge Attock dissolving the marriage of Mst. Khanam Jan. Personal grievance challenged. page 1. Dismissed on 24.3.1991 for Appeal has not want of jurisdiction. filed.
Dismissed 3.6.1991
in
limini
on Appeal not filed
Interest Act, 1839, section 34, 34(a) (b) CPC challenged being repugnant to injunctions of Islam.
597 .
S.P.No.11/I/1991 Mukhtar Ul Jalil and another Vs. Govt. Of Pakistan.
Challenged Section 23 of the Contract Act 1872 is against the Injunctions of Islam.
598 .
Sh.P.No.11/L/1991 Ch. Saeed Ahmed Vs. Government of Pakistan
Section 2(a) of Punjab Pre emption Ordinance, 1990 challenged being repugnant to injunctions of Islam.
Dismissed on 2.2.1992 in limine having become infructuous as the judgment on the same subject matter has already been passed in S.P.No.30-I/1990 on 14.11.1991 vide PLD 1992 page 1. The shariat appellate supreme Court of Pakistan vide Shariat Appeal No.13 of 1984 had vide Order dated 18-9-1988 approved the above Order in respect of section 23 through letter dated 23-5-1991 inform the petitioner to filed a press petition challenged provision of law relating to interest, insurance, banking etc. to enable this Court to examine them in the light of the Injunction laid down in the Quran and Sunnah. The judgment in the above subject matter has already been passed in S.P.No.06L/1990 Islam vide Courts judgment dated 30.5.1991. PLD 1991 FSC Page-80
Appeal not filed
599 .
S.P.No.11/K/1991 Muhammad Ali Vs. ADBP etc.
Interest Act, 1839, section 34, 34(a)(b) CPC challenged being repugnant to
Appeal filed in the Honble Supreme Court .The Appeal of the Punjab Govt: sections 2(a) 6(2)and 35(2) have been dismissed while the appeal of Punjab Govt regarding sections 13(3),22 of 24 has been allowed dt.2.9.1993, PLD 1994 SC Page-1. The revision petition against this Judgment has also been dismissed as barred by time on 6.10.2004. Dismissed on 2.2.1992 in Appeal not limine having become filed infructuous as the judgment on the same subject matter
131 injunctions of Islam. has already been passed in S.P.No.30-I/1990 on 14.11.1991 vide PLD 1992 page 1. Allowed on 1.10.1991 For the reasons recorded in the detailed judgment in S.P.No.8-L-1990. It has been held by the Court that sections 12, 13, 23, 29,31and 32 of the NWFP Pre-emption Act, 1987 to the extent stated there-under, are declared as repugnant to the Injunctions of Islam laid down in the Holy Quran and Sunnah of the Holy Prophet (SAW). They are declared as void and will cease to be effective as on 31st March, 1992, unless amended and altered by the Government of NWFP to bring them in conformity with the Injunctions of Islam as discussed in the judgment.NLR 1992 Page 91 SD The judgment in the above subject matter has already been passed in S.P.No.06L/1990 Islam vide Courts judgment dated 30.5.1991 PLD 1991 FSC Page-80-
600 .
Sh.P.No. 12/I/1991 Mst. Naseem Begum Vs. Government of Pakistan. Linked with Sh.P.No.8/L/1990
Challenged Section 31 of the NWFP Preemption Act, 1987.
Filed in the Supreme Court of Pakistan and dismissed as withdrawn on dated 22-21993
601 .
S.P.No.12/L/1991 Mian Sher Alam Vs. Govt. of Punjab etc.
Punjab Pre emption Ord., 1990 challenged being repugnant to injunctions of Islam
602 .
S.P.No.12/K/1991 Arz Muhammad Chandio etc. Vs. ADBP etc.
Interest Act, 1839, section 34, 34(a)(b) CPC challenged being repugnant to injunctions of Islam
603 .
S.P.No.13/I/1991 Mst. Karam Nooran Vs.
Section 4 of Muslim Family Law Ord. 1961 challenged
Appeal filed in the Honble Supreme Court .The Appeal of the Punjab Govt: sections 2(a) 6(2)and 35(2) have been dismissed while the appeal of Punjab Govt regarding sections 13(3),22 of 24 has been allowed dt.2.9.1993, PLD 1994 SC Page-1. The revision petition against this Judgment has also been dismissed as barred by time on 6.10.2004. Dismissed on 2.2.1992 in Appeal not limine having become filed infructuous as the judgment on the same subject matter has already been passed in S.P.No.30-I/1990 on 14.11.1991 vide PLD 1992 page 1. Dismissed having no Appeal filed jurisdiction on 24.3.1991 as and has been the matter relate to Muslim dismissed on
132 Govt. of Pakistan 604 . Sh.P.No.13/L/1991 Rahm Din Vs. Federal Govt. of Pakistan being repugnant to injunctions of Islam Rule 17 of ADBP Rules, 1961 regarding recovery of interest challenged being repugnant to injunctions of Islam Family Law Ord. 1961. The judgment in the same subject matter has already been passed in S.P.No.30I/1990 on 14.11.1991 vide PLD 1992 page 1. 14.2.1993 Supreme Court upheld the judgment of FSC and dismissed the appeal on 2312-1999, PLD 2000 SC Page225-770. Review petition filed in Supreme Court and remanded the cases to FSC on 24-6-2002, PLD 2002 SC Page-800 Appeal not filed
605 .
S.P.No.13/K/1991 Bakhshal Khan Vs. ADBP etc.
Interest Act, 1839, section 34, 34(a)(b) CPC challenged being repugnant to injunctions of Islam.
606 .
S.P.No.14/I/1991 Syed Hazrat Saeed Vs. Captain Abdul Rashid etc. S.P.No.14/L/1991 Qari Ghulam Rasool Vs. HBFC etc Linked with S.P.No.50/L/1991 Linked with S.P.No.59/I/1991 Linked with S.P.No.83/L/1991 Linked with S.P.No.86/L/1991 S.P.No.87/L/1991 S.P.No.88/L/1991 Linked with S.P.No.94/L/1991 Linked with S.P.No.100/L/1991 Linked with S.P.No.7-L-1991 S.P.No.14/K/1991 Ghulam Ali alias Sadoro Vs. ADBP etc
607 .
Dismissed on 2.2.1992 in limine having become infructuous as the judgment on the same subject matter has already been passed in S.P.No.30-I/1990 on 14.11.1991 vide PLD 1992 page 1. Article 141,142 & In view of the judgments 144 and section 148 reported in SCMR 1991 page of Limitation Act, 2063 & PLD 1992 S.C page 1908 challenged 225, petition disposed of as being repugnant to withdrawn on 16.1.1994 injunctions of Islam. In these connected The Court has allowed the Shariat Petitions a petition on 14-11-1991 and number of directed that nessary provisions of House detections and amendments Building Finance be made in section 4(2), Corporation, Act 21(2), 24(11,12), 24(2) and 1952 have been 30(1)(C) by 30th June 1992 challenged as so as to bring them in repugnant to the comferty with the injunctions Injunctions of Islam. of Islam as laid down in the Holy Quran and Sunnah. PLD 1992 FSC Page 501
Appeal not filed
Supreme Court of Pakistan upheld the judgment of FSC and dimissed the appeal on 2312-1999 case PLD 2000, SC.Page 760.
608 .
Interest Act, 1839, section 34, 34(a) (b) CPC challenged being repugnant to injunctions of Islam.
609 .
S.P.No.15/I/1991 Haji Amanat Khan Vs. Govt. of Pakistan
Section 148 of the 1st Schedule of Limitation Act, 1908 challenged being
Dismissed on 2.2.1992 in limine having become infructuous as the judgment on the same subject matter has already been passed in S.P.No.30-I/1990 on 14.11.1991 vide PLD 1992 page 1. In view of the judgments reported in SCMR 1991 page 2063 & PLD 1992 S.C page 225, petition disposed of as
Appeal not filed
Appeal not filed
133 repugnant to injunctions of Islam. Recovery of interest in respect of Banking Companies (Recovery of Loans) Ord. challenged being repugnant to injunctions of Islam Interest Act, 1839, section 34, 34(a)(b) CPC challenged being repugnant to injunctions of Islam. withdrawn on 4.9.2007. Dismissed incompetent vide dated 16.6.1991. being Appeal not order filed
610 .
Sh.P.No.15/L/1991 Pak Cables Rubber Industries Vs. M.C.P Ltd. S.P.No.15/K/1991 Karim Bux Vs. ADBP etc.
611 .
612 .
Sh.P.No.16/L/1991 Noor Muhammad Vs. Usman etc. Sh.P.No.16/I/1991 Allied Paper Industry etc. Karachi Vs. National Bank of Pakistan etc.
Section 3 of Limitation Act, 1908 challenged being repugnant to injunctions of Islam. Interest Act, 1839, section 34 CPC relating to interest, section 8(2) (a) of the Banking Company (Recovery of Loans) Ord. 1979 and section 79 and 80 of Negotiable Instrument Act, 1881 challenged being repugnant to injunctions of Islam
613 .
Dismissed on 2.2.1992 in limine having become infructuous as the judgment on the same subject matter has already been passed in S.P.No.30-I/1990 on 14.11.1991 vide PLD 1992 page 1. Dismissed as withdrawn on 29.4.1992 and if the petitioner is interested to challenge the judge-made law he may file a separate petition. the judgment in the same subject matter has already been passed in S.P.No.30I/1990 on 14.11.1991.
Appeal not filed
Appeal not filed
Supreme Court upheld the judgment of FSC and dismissed the appeal on 2312-1999, PLD 2000 SC Page225-770. Review petition filed in Supreme Court and remanded the cases to FSC on 24-6-2002, PLD 2002 SC Page-800 Supreme Court upheld the judgment of FSC and dismissed the appeal on 2312-1999, PLD 2000 SC Page225-770. Review petition filed in Supreme Court and remanded the cases to FSC on 24-6-2002, PLD 2002 SC Page-800 Supreme Court upheld the judgment of FSC and dismissed the appeal on 2312-1999, PLD
614 .
S.P.No.16-A/I/1991 Allied Paper Industry etc. Karachi Vs. National Bank of Pakistan etc.
Section 79 and 80 of Negotiable Instrument Act, 1881 regarding recovery of interest challenged being repugnant to injunctions of Islam
the judgment in the same subject matter has already been passed in S.P.No.30I/1990 on 14.11.1991
615 .
S.P.No.16-B/I/1991 Allied Paper Industry etc. Karachi Vs. National Bank of Pakistan etc.
section 8(2) (a) of the Banking Company (Recovery of Loans) Ord. 1979 regarding recovery of interest challenged being
the judgment in the same subject matter has already been passed in S.P.No.30I/1990 on 14.11.1991
134 repugnant to injunctions of Islam 2000 SC Page225-770. Review petition filed in Supreme Court and remanded the cases to FSC on 24-6-2002, PLD 2002 SC Page-800 the judgment in the same subject matter has already been passed in S.P.No.30I/1990 on 14.11.1991 Supreme Court upheld the judgment of FSC and dismissed the appeal on 2312-1999, PLD 2000 SC Page225-770. Review petition filed in Supreme Court and remanded the cases to FSC on 24-6-2002, PLD 2002 SC Page-800 . Dismissed on 2.2.1992 in Appeal not limine having become filed infructuous as the judgment on the same subject matter has already been passed in S.P.No.30-I/1990 on 14.11.1991 vide PLD 1992 page 1. The judgment in the same Appeal not subject matter has already filed been passed in S.P.No.30I/1990 on 14.11.1991 vide PLD 1992 page 1. The judgment in the same subject matter has already been passed in S.P.No.30I/1990 on 14.11.1991 Supreme Court upheld the judgment of FSC and dismissed the appeal on 2312-1999, PLD 2000 SC Page225-770. Review petition filed in Supreme Court and remanded the cases to FSC on 24-6-2002, PLD 2002 SC Page-800 . The judgment in the same Supreme subject matter has already Court upheld been passed in S.P.No.30- the judgment
616 .
S.P.No.16C/I/1991 Allied Paper Industry etc. Karachi Vs. National Bank of Pakistan etc.
Interest Act, 1839 regarding recovery of interest challenged being repugnant to injunctions of Islam
617 .
S.P.No.16/K/1991 Syed Hussain Shah Vs. ADBP etc.
618 .
Sh.P.No.17//L/1991 M/S Kamran Ice Factory Vs. President of Pakistan S.P.No.17/I/1991 Allied Paper Industry etc. Karachi Vs. National Bank of Pakistan etc.
619 .
Banking Companies (Recovery of Loans) Ordinance, 1979 regarding recovery o interest being repugnant to injunctions of Islam. Section 34 CPC, sections 79 & 80 of Negotiable Instrument Act, 1881, section 9(2) (a) of Banking Companies (Recovery of Loans) Ord. 1979 regarding recovery of interest challenged being repugnant to injunctions of Islam
620 .
S.P.No.17-A/I/1991 Allied Paper Industry etc. Karachi
Negotiable Instrument Act, 1881 regarding
135 Vs. National Bank of Pakistan etc. recovery of interest challenged being repugnant to injunctions of Islam I/1990 on 14.11.1991 of FSC and dismissed the appeal on 2312-1999, PLD 2000 SC Page225-770. Review petition filed in Supreme Court and remanded the cases to FSC on 24-6-2002, PLD 2002 SC Page-800 . Supreme Court upheld the judgment of FSC and dismissed the appeal on 2312-1999, PLD 2000 SC Page225-770. Review petition filed in Supreme Court and remanded the cases to FSC on 24-6-2002, PLD 2002 SC Page-800 . Supreme Court upheld the judgment of FSC and dismissed the appeal on 2312-1999, PLD 2000 SC Page225-770. Review petition filed in Supreme Court and remanded the cases to FSC on 24-6-2002, PLD 2002 SC Page-800 . Appeal not filed
621 .
S.P.No.17-B/I/1991 Allied Paper Industry etc. Karachi Vs. National Bank of Pakistan etc.
section 8(2) (a) of the Banking Company (Recovery of Loans) Ord. 1979 regarding recovery of interest challenged being repugnant to injunctions of Islam
The judgment in the same subject matter has already been passed in S.P.No.30I/1990 on 14.11.1991
622 .
S.P.No.17-C/I/1991 Allied Paper Industry etc. Karachi Vs. National Bank of Pakistan etc.
Interest Act, 1839 regarding recovery of interest challenged being repugnant to injunctions of Islam.
The judgment in the same subject matter has already been passed in S.P.No.30I/1990 on 14.11.1991
623 .
S.P.No.17/K/1991 Haji Allah Dino Vs. ADBP etc.
624 .
S.P.No.18/I/1991 I.A Sherwani Vs. Secretary Ministry of Finance Linked with
Discrimination between Old Pensioners and new pensioners
Dismissed on 2.2.1992 in limine having become infructuous as the judgment on the same subject matter has already been passed in S.P.No.30-I/1990 on 14.11.1991 vide PLD 1992 page 1. Allowed off on 14.10.1992. The Court has been pleased to Order that the division of pensioners into new and old pensioners is also discriminatory. Actually
Filed in Supreme Court and has been allowed setaside the impugned
136 S.P.No.63/I/1990 Linked with S.P.No.67/I/1990 Linked with S.P.No.24/I/1991 pensioner is a pensioner irrespective of the irrespective of the date on which he retired and whenever there is any revision of salary or pension each one of the pensioners is entitled to get pension equal to the other in the same grade or category. It transpires that section 19 of Civil Servant Act is being implemented by the Government is respect of different pensioners not keeping in view the principle of Adl and Ihsan. The Court is also of the view that the aforesaid impugned Notification of the year 1985 and 1986 are in consistent with the injunctions of Islam in as much as the principle of Adl and Ihsan have been over locked. The Court will direct that regulation 4 of the Civil Serves regulations be also brought in conformity with the injunctions of Islam The judgment shall take effect after 6 months from today i.e. 14.10.1992. S.D 1993,page 150 Section 8(2) of The judgment in the same Banking (Recovery subject matter has already of Loans) Ord. 1979, been passed in S.P.No.30State Bank of I/1990 on 14.11.1991 vide Pakistan Act, 1956, PLD 1992 page 1. Rule 17 of ADBP Rules, 1961, section 79 & 80 of Negotiable Instrument Act, 1981 & section 34 CPC challenged being repugnant to injunctions of Islam Interest Act, 1839, Dismissed on 2.2.1992 in section 34, 34(a)(b) limine having become CPC challenged infructuous as the judgment being repugnant to on the same subject matter injunctions of Islam has already been passed in S.P.No.30-I/1990 on 14.11.1991 vide PLD 1992 page 1. Interest Act, 1839 Detailed judgment on the regarding recovery same subject has already of interest been passed in challenged being S.P.No.30/I/1990 on repugnant to 14.11.1991 vide PLD 1992 injunctions of Islam. page 1. judgment of the FSC dated 9-12004 , SCMR 2005 page 292
625 .
Sh.P.No.18/L/1991 Muhammad Iqbal Zahid Vs. President of Pakistan
Appeal not filed
626 .
S.P.No.18/K/1991 Sher Muhammad Vs. ADBP etc.
Appeal not filed
627 .
Sh.P.No.19/I/1991 Nawazish Ali Zaidi Vs. Govt. of Pakistan
Supreme Court upheld the judgment of FSC and dismissed the appeal on 2312-1999, PLD 2000 SC Page225-770. Review petition filed in Supreme
137 Court and remanded the cases to FSC on 24-6-2002, PLD 2002 SC Page-800 . Dismissed for non- Appeal not prosecution on 16.6.1991. filed
628 .
S.P.No.19/L/1991 Muhammad Saleem Vs. Fed: of Pakistan
629 .
Sh.P.No.19/K/1991 Ghulam Umar Vs. ADBP etc.
Recovery of interest in respect of Banking Companies (Recovery of Loans) Ord. challenged being repugnant to injunctions of Islam Interest Act, 1839, section 34, 34(a)(b) CPC challenged being repugnant to injunctions of Islam.
630 .
Sh.P.No.20/I/1991 Farman Ali Shah Vs. ADBP
631 .
Sh.P.No.20/L/1991 Muhammad Sharif Vs. Fed: of Pakistan
632 .
Sh.P.No.20/K/1991 Hafiz Abdul Salam Vs. ADBP etc.
Rule 17 (1) of ADBP Rules, 1961 regarding recovery of interest challenged being repugnant to injunctions of Islam. Recovery of interest in respect of Banking Companies (Recovery of Loans) Ord. challenged being repugnant to injunctions of Islam Interest Act, 1839, section 34, 34(a) (b) CPC challenged being repugnant to injunctions of Islam.
Dismissed on 2.2.1992 in limine having become infructuous as the judgment on the same subject matter has already been passed in S.P.No.30-I/1990 on 14.11.1991 vide PLD 1992 page 1. Dismissed on 16.6.1991 It appears that the federation of Pakistan has not been made party which is necessary and proper party.
Appeal not filed
Appeal not filed
Dismissed as no provision of Appeal not law has been specified in the filed petition vide order dated 16.6.1991.
633 . 634 .
S.P.No.21/I/1991 Imtiaz Ali Vs. Muhammad Shaukat Manager ADBP S.P.No.21/L/1991 M/k Imtrak Traders Vs. Fed: of Pakistan
Personal grievance relating to interest on loan challenged being repugnant to injunctions of Islam. Recovery of interest in respect of Banking Companies (Recovery of Loans) Ord. challenged being repugnant to injunctions of Islam.
Dismissed on 2.2.1992 in limine having become infructuous as the judgment on the same subject matter has already been passed in S.P.No.30-I/1990 on 14.11.1991 vide PLD 1992 page 1. Dismissed in limine being not maintainable and out of jurisdiction on 4.6.1991 Judgment reserved on 15.2.1991. The detailed judgment is not placed in filed. However, the judgment in the same subject matter has already been passed in S.P.No.30-I/1990 on 14.11.1991 vide PLD 1992 page 1.
Appeal not filed
Appeal not filed
Supreme Court upheld the judgment of FSC and dismissed the appeal on 2312-1999, PLD 2000 SC Page225-770. Review petition filed in Supreme Court and remanded the cases to FSC on 24-6-2002, PLD 2002 SC Page-800 .
138 635 . S.P.No.21/K/1991 Moula Bakhsh alias Moula Dad Vs. ADBP etc. Interest Act, 1839, section 34, 34(a)(b) CPC challenged being repugnant to injunctions of Islam. Dismissed on 2.2.1992 in limine having become infructuous as the judgment on the same subject matter has already been passed in S.P.No.30-I/1990 on 14.11.1991 vide PLD 1992 page 1. Dismissed in limine on 19.4.1992 with observation that as the law challenged in this petition are procedural in nature and outside of the ambit of jurisdiction of this Court. Recovery of Bank interest repugnant to the injunctions of Islam. However, the judgment in the same subject matter has also been passed in S.P.No.30-I/1990 on 14.11.1991 vide PLD 1992 page 1. Dismissed on 2.2.1992 in limine having become infructuous as the judgment on the same subject matter has already been passed in S.P.No.30-I/1990 on 14.11.1991 vide PLD 1992 page 1. Dismissed in limine being out of jurisdiction on 4.6.1991. Appeal not filed
636 .
637 .
Sections 169 and 249(a) of Cr.P.C of the Criminal procedural Court of 1898 Challenged being repugnant to injunctions of Islam. S.P.No.22/L/1991 Recovery of Bank Sheikh Abdul Majeed interest being etc. repugnant to the Vs. injunctions of Islam. ADBP etc.
S.P.No.22/I/1991 Captain (Retd) Mukhtar Ahmed Sheikh Vs. Govt. of Pakistan
Appeal not filed
638 .
S.P.No.22/K/1991 Suhrab Vs. ADBP etc.
Appeal not filed
639 .
640 .
641 .
S.P.No.23/I/1991 M.Ghulam Muhammad Vs. Custodian Evacuee Trust Property Punjab Sh.P.No.23/L/1991 Muhammad Mushtaq Shah Vs. District Manager HBFS S.P.No.23/K/1991 Bakhshal Khan etc. Vs. ADBP etc.
Complaint against fraud in respect of property inherited to him from his brother. Section 6,8,24 of HBFC Act, 1979 and Recovery of Bank interest being repugnant to the injunctions of Islam. Interest Act, 1839, section 34, 34(a)(b) CPC challenged being repugnant to injunctions of Islam.
Appeal not filed
Dismissed as withdrawn on Appeal not 2.7.1991 filed
642 .
S.P.No.24/I/1991 Fazal Ilahi, B.A.C. MA Secy: Ministry of Finance Linked with S.P.No.63/I/1990 Linked with S.P.No.67/I/1990 Linked with S.P.No.18/I/1991
Discrimination between Old Pensioners and new pensioners
Dismissed on 2.2.1992 in limine having become infructuous as the judgment on the same subject matter has already been passed in S.P.No.30-I/1990 on 14.11.1991 vide PLD 1992 page 1. Allowed off on 14.10.1992. The Court has been pleased to Order that the division of pensioners into new and old pensioners is also discriminatory. Actually pensioner is a pensioner irrespective of the irrespective of the date on which he retired and whenever there is any revision of salary or pension each one of the pensioners is entitled to get pension equal to the other in the same grade or category. It
Appeal not filed
Filed in Supreme Court has been allowed set a side the impugent judgment of federal Shariat court on 9.1.2004. SCMR 2005, Page 292
139 transpires that section 19 of Civil Servant Act is being implemented by the Government is respect of different pensioners not keeping in view the principle of Adl and Ihsan. The Court is also of the view that the aforesaid impugned Notification of the year 1985 and 1986 are in consistent with the injunctions of Islam in as much as the principle of Adl and Ihsan have been over locked. The Court will direct that regulation 4 of the Civil Serves regulations be also brought in conformity with the injunctions of Islam The judgment shall take effect after 6 months from today i.e. 14.10.1992. S.D 1993 Page 150 the judgment in the same subject matter has already been passed in S.P.No.30I/1990 on 14.11.1991 vide PLD 1992 page 1.
643 .
Sh.P.No.24/L/1991 Muhammad Ashraf Vs. Assistant Registrar Industrial Cooperative Societies
Section 59(2)(e) Cooperative Societies Act, 1925, section 34(a) (b) C.P.C challenged being repugnant to injunctions of Islam
644 .
S.P.No.24/K/1991 Muhammad Khan etc. Vs. ADBP etc.
645 .
S.P.No.25/L/1991 Muhammad Iabal Naz Vs. Secretary Cooperative Societies, Govt. of Punjab,
Section 59(2)(e) Cooperative Societies Act, 1925, section 34(a) (b) C.P.C challenged being repugnant to injunctions of Islam
Supreme Court upheld the judgment of FSC and dismissed the appeal on 2312-1999, PLD 2000 SC Page225-770. Review petition filed in Supreme Court and remanded the cases to FSC on 24-6-2002, PLD 2002 SC Page-800 . Dismissed on 2.2.1992 in Appeal not limine having become filed infructuous as the judgment on the same subject matter has already been passed in S.P.No.30-I/1990 on 14.11.1991 vide PLD 1992 page 1. the judgment in the same Supreme subject matter has already Court upheld been passed in S.P.No.30- the judgment I/1990 on 14.11.1991 vide of FSC and PLD 1992 page 1. dismissed the appeal on 2312-1999, PLD 2000 SC Page225-770. Review petition filed in Supreme Court and remanded the cases to FSC on 24-6-2002, PLD 2002 SC
140 Page-800 . Dismissed on 2.2.1992 in Appeal not limine having become filed infructuous as the judgment on the same subject matter has already been passed in S.P.No.30-I/1990 on 14.11.1991 vide PLD 1992 page 1. Detailed judgment the same Supreme subject has already been Court upheld passed in S.P.No.30-I/1990 the judgment on 14.11.1991 vide PLD of FSC and 1992 page 1. dismissed the appeal on 2312-1999, PLD 2000 SC Page225-770. Review petition filed in Supreme Court and remanded the cases to FSC on 24-6-2002, PLD 2002 SC Page-800 . Detailed the judgment in the Supreme same subject has already Court upheld been passed in S.P.No.30- the judgment I/1990 on 14.11.1991 vide of FSC and PLD 1992 page 1. dismissed the appeal on 2312-1999, PLD 2000 SC Page225-770. Review petition filed in Supreme Court and remanded the cases to FSC on 24-6-2002, PLD 2002 SC Page-800 . Dismissed on 2.2.1992 in Appeal not limine having become filed infructuous as the judgment on the same subject matter has already been passed in S.P.No.30-I/1990 on 14.11.1991 vide PLD 1992 page 1. Detailed judgment the same Supreme subject has already been Court upheld passed in S.P.No.30-I/1990 the judgment on 14.11.1991 vide PLD of FSC and 1992 page 1. dismissed the appeal on 2312-1999, PLD 2000 SC Page225-770. Review petition filed in Supreme
646 .
S.P.No.25/K/1991 Arbab Ali etc. Vs. ADBP etc.
647 .
S.P.No.26/I/1991 M/S Kashmir Fabrics Vs. M/S Habib Bank Ltd etc.
Section 79 & 80 of Negotiable Instrument Act, 1881, section 34 & rule 2 of Order 37 CPC, Banking Companies Ordinance, 1979, article 8 (2) (a) of Interest Act, 1839/1849 regarding recovery of interest challenged being repugnant to injunctions of Islam
648 .
S.P.No.26/L/1991 Ejaz-ul-Haq Vs. Fed: of Pakistan
Section 8(2) Banking Companies (Recovery of Loans) Ord., 1979, Foreign Exchange Regulations, 1947, State Bank of Pakistan Act, 1956 challenged being repugnant to injunctions of Islam.
649 .
S.P.No.26/K/1991 Muhammad Khan Vs. ADBP etc
650 .
S.P.No. 27/I/1991 Muhammad Ashraf etc. Vs. Industrial Assistant Registrar Cooperative Housing Societies etc.
Section 59(2)(e) of Cooperative Societies Act, 1925 challenged being repugnant to injunctions of Islam
141 Court and remanded the cases to FSC on 24-6-2002, PLD 2002 SC Page-800 . Supreme Court upheld the judgment of FSC and dismissed the appeal on 2312-1999, PLD 2000 SC Page225-770. Review petition filed in Supreme Court and remanded the cases to FSC on 24-6-2002, PLD 2002 SC Page-800 . Appeal not filed
651 .
Ss.P.No.27/L/1991 Amanat Ali Vs. ADBP
ADBP Ord: IV, 1961 regardeing recovery of interest challenged being repugnant to the injunctions of Islam.
Detailed on judgment in the same subject matter has already been passed in S.P.No.30-I/1990 on 14.11.1991 vide PLD 1992 page 1.
652 .
S.P.No.27/K/1991 Arshad Ali etc. Vs. ADBP etc.
653 .
S.P.No.28/I/1991 Muhammad Iqbal Naz etc. Vs. Govt. of Punjab etc.
Section 59(2)(e) of Cooperative Societies Act, 1925 challenged being repugnant to injunctions of Islam
Dismissed on 2.2.1992 in limine having become infructuous as the judgment on the same subject matter has already been passed in S.P.No.30-I/1990 on 14.11.1991 vide PLD 1992 page 1. Detailed judgment on the same subject has already been passed in S.P.No.30I/1990 on 14.11.1991 vide PLD 1992 page 1.
654 .
Sh.P.No.28/L/1991 Noor Ahmed Vs. Fed: of Pakistan
Section 8(2) Banking Companies (Recovery of Loans) Ord., 1979, challenged being repugnant to injunctions of Islam
Detailed on judgment in the same subject has already been passed in S.P.No.30I/1990 on 14.11.1991 vide PLD 1992 page 1.
Supreme Court upheld the judgment of FSC and dismissed the appeal on 2312-1999, PLD 2000 SC Page225-770. Review petition filed in Supreme Court and remanded the cases to FSC on 24-6-2002, PLD 2002 SC Page-800 . Supreme Court upheld the judgment of FSC and dismissed the appeal on 2312-1999, PLD 2000 SC Page225-770. Review petition filed in Supreme Court and remanded the cases to FSC
142 on 24-6-2002, PLD 2002 SC Page-800 . Dismissed in limine on Appeal not 9.2.1992 with observation filed that the section pertains to an obligation incurred by a customer. In the absence of the use of the term markup in this section and the Court is unable to hold that its provisions are repugnant to the injunctions of Islam, therefore, petition having no merit in this petition. Dismissed on 16.6.1991 Appeal not being incompetent as the filed Federation of Pakistan has not been impleaded as a party. Detailed on judgment in the Supreme same subject matter has Court upheld already been passed in the judgment S.P.No.30-I/1990 on of FSC and 14.11.1991 vide PLD 1992 dismissed the page 1. appeal on 2312-1999, PLD 2000 SC Page225-770. Review petition filed in Supreme Court and remanded the cases to FSC on 24-6-2002, PLD 2002 SC Page-800 . Detailed on judgment the Supreme same subject has already Court upheld been passed in S.P.No.30- the judgment I/1990 on 14.11.1991 vide of FSC and PLD 1992 page 1. dismissed the appeal on 2312-1999, PLD 2000 SC Page225-770. Review petition filed in Supreme Court and remanded the cases to FSC on 24-6-2002, PLD 2002 SC Page-800 . Detailed judgment on the Supreme same subject has already Court upheld been passed in S.P.No.30- the judgment I/1990 on 14.11.1991 vide of FSC and PLD 1992 page 1. dismissed the appeal on 2312-1999, PLD 2000 SC Page225-770.
655 .
S.P.No.28K/1991 Mukhtar Hussain Vs. Fed: of Pakistan etc.
Section 6 of Banking Tribunal Ord. 1984 regarding charging markup challenged being repugnant to injunctions of Islam
656 . 657 .
Sh.P.No.29/I/1991 Nadeem-ul-Islam & others Vs. ADBP Sh.P.No.29/L/1991 Faiz Ahmed etc. Vs. H.B.L
Rule 17 of ADBP Rules, 1961 challenged being repugnant to injunctions of Islam. Section 8(2) Banking Companies (Recovery of Loans) Ord., 1979, challenged being repugnant to injunctions of Islam.
658 .
Sh.P.No.30/I/1991 Tariq Mehmood etc. Vs. Province of Punjab etc.
Provisions 54 7 59(2)(e) of Cooperative Societies Act, 1925 challenged being repugnant to injunctions of Islam.
659 .
S.P.No.31/I/1991 Faiz Ahmed etc. Vs. Habib Bank Ltd. etc.
Section 34 of CPC regarding recovery of interest challenged being repugnant to injunctions of Islam
143 Review petition filed in Supreme Court and remanded the cases to FSC on 24-6-2002, PLD 2002 SC Page-800 . Detailed judgment on the Appeal has not same subject matter has filed. already been passed in S.P.No.30-I/1990 on 14.11.1991 vide PLD 1992 page 1. Detailed judgment on the Supreme same subject has already Court upheld been passed in S.P.No.30- the judgment I/1990 on 14.11.1991 vide of FSC and PLD 1992 page 1. dismissed the appeal on 2312-1999, PLD 2000 SC Page225-770. Review petition filed in Supreme Court and remanded the cases to FSC on 24-6-2002, PLD 2002 SC Page-800 . Disposed of on 9.6.1991 as Appeal not same order in S.P No.14- filed I/1990.
660 .
S.P.No.31/L/1991 Ch: Sharif Ahmed Vs. The State etc. Sh.P.No.32/I/1991 Faiz Ahmed etc. Vs. Habib Bank Ltd. etc.
661 .
Banking Recovery Act, 1979 regarding charge of interest challenged being repugnant to injunctions of Islam Interest Act, 1838 regarding recovery of interest challenged being repugnant to injunctions of Islam
662 .
S.P.No.32/L/1991 Muhammad Amin Wattoo Vs. UBL etc. Sh.P.No.33/I/1991 Faiz Ahmed etc. Vs. Habib Bank Ltd. etc.
663 .
Section 8(a) of Banking Companies (Recovery of Loans) Ord. 1979 challenged being repugnant to injunctions of Islam Section 79 & 80 of Negotiable Instrument Act, 1881 challenged being repugnant to injunctions of Islam
Detailed judgment on the same subject has already been passed in S.P.No.30I/1990 on 14.11.1991 vide PLD 1992 page 1.
664 .
S.P.No.33/L/1991 Sardar Khan Vs. ADBP etc.
Section 25 of ADBP 1961 Rules 17 regarding recovery of interest challenged being repugnant to injunctions of Islam.
Supreme Court upheld the judgment of FSC and dismissed the appeal on 2312-1999, PLD 2000 SC Page225-770. Review petition filed in Supreme Court and remanded the cases to FSC on 24-6-2002, PLD 2002 SC Page-800 . Supreme Court upheld the judgment of FSC and dismissed the appeal on 2312-1999, PLD
144 2000 SC Page225-770. Review petition filed in Supreme Court and remanded the cases to FSC on 24-6-2002, PLD 2002 SC Page-800 . Supreme Court upheld the judgment of FSC and dismissed the appeal on 2312-1999, PLD 2000 SC Page225-770. Review petition filed in Supreme Court and remanded the cases to FSC on 24-6-2002, PLD 2002 SC Page-800 . Supreme Court upheld the judgment of FSC and dismissed the appeal on 2312-1999, PLD 2000 SC Page225-770. Review petition filed in Supreme Court and remanded the cases to FSC on 24-6-2002, PLD 2002 SC Page-800 . Supreme Court upheld the judgment of FSC and dismissed the appeal on 2312-1999, PLD 2000 SC Page225-770. Review petition filed in Supreme Court and remanded the cases to FSC on 24-6-2002, PLD 2002 SC Page-800
665 .
Sh.P.No.34/I/1991 M/S Kashmir Fabric Vs. Habib Bank Ltd. etc.
Section 79 & 80 of Negotiable Instrument Act, 1881, section 34 & rule 2 of Order 37 CPC regarding recovery of interest challenged being repugnant to injunctions of Islam.
Dismissed on 16.6.1991 as the Federation of Pakistan has not been made as party in the petition.
666 .
Sh.P.No.34/L/1991 Muhammad Nawaz Vs. ADBP
Section 25 of ADBP 1961 Rules 17 regarding recovery of interest challenged being repugnant to injunctions of Islam.
667 .
Sh.P.No.35/I/1991 M/S Kashmir Fabric Vs. Habib Bank Ltd. etc.
Interest Act, 1839/1949 regarding recovery of interest challenged being repugnant to injunctions of Islam
145 668 . Sh.P.No.35/L/1991 Karam Elahi Vs. HBFC etc. Provision of HBFC Act 1952 relating to recovery/imposition of interest challenged being repugnant to injunctions of Islam. Section 8(2)(a) of Banking Companies (Recovery of Loans) Ord. 1979 regarding recovery of interest challenged being repugnant to injunctions of Islam. Section 25 of ADBP 1961 Rules 17 regarding recovery of interest challenged being repugnant to injunctions of Islam . Dismissed on 16.6.1991 Appeal not being incompetent filed
669 .
Sh.P.No.36/I/1991 Syed Musharaf Alam etc. Vs. H.B.L etc.
Disposed of on 8.12.1991 as Appeal not the same subject matter has filed already been passed in S.P.No.30-I/1990 on 14.11.1991 vide PLD 1992 page 1. Detailed judgment on the same subject has already been passed in S.P.No.30I/1990 on 14.11.1991 vide PLD 1992 page 1. Supreme Court upheld the judgment of FSC and dismissed the appeal on 2312-1999, PLD 2000 SC Page225-770. Review petition filed in Supreme Court and remanded the cases to FSC on 24-6-2002, PLD 2002 SC Page-800 . Dismissed on 16.6.1991 Appeal not being incompetent as the filed Federation of Pakistan has not been impleaded as a party. Dismissed being infructuous Appeal not vide order dated 17.10.1991 filed
670 .
Sh.P.No.36/L/1991 Lal Din Vs. ADBP etc.
671 .
Sh.P.No.37/I/1991 Syed Musharaf Alam etc. Vs. H.B.L etc. Sh.P.No.37/L/1991 Haji Rana Muhammad Shabbir Ahmed Khan Vs. Governement of Pakistan Sh.P.No.38/I/1991 Syed Nazir Ali Shah etc. Vs. C.D.A Linked with S.S.M.No.142/1982
672 .
Section 34 of CPC regarding recovery of interest challenged being repugnant to injunctions of Islam. Sections 2(9),13,24,27, 28,29,30 & 34 of Punjab Pre emption Act, 1991 Section 2(k) of CDA Ordinance, 1960 regarding acquition of private land without assessing market value challenged being repugnant to injunctions of Islam.
673 .
Allowed on 23.2.1992. The Honble Court held that section 2(k) of the CDA, 1960 is extremely arbitrary for the reason that the market value should have relation to the value prevailing at the time of acquisition and not any notional value fixed in relation to the time when even question of acquisition did not arise and declared as repugnant to the Holy Quran and Sunnah and keeping in view the tradition of the Holy Prophet (P.B.U.H) stated in Para 22 of the judgment.PLD 1992 FSC Page 361
Appeal filed in the Honble Supreme Court of Pakistan and dismissing as not pressed dated 6-102004.
146 674 . Sh.P.No.38/L/1991 Muhammad Tariq etc. Vs. Govt. of Punjab Sh.P.No.39/I/1991 Amir Alam Nutkani Vs. Govt. of Pakistan National Industrial Cooperative Societies Act and the laws relating to recovery of interest being repugnant to injunctions of Islam. Rule 17 of ADBP Rules, 1961 regarding recovery of interest regarding recovery of interest challenged being repugnant to injunctions of Islam. Disposed of as withdrawn Appeal not vide order dated 4.6.1991. filed
675 .
676 .
Sh.P.No.39/L/1991 Mumtaz Ali alias Mabba Vs. ADBP etc.
ADBP Rules 1961 and Banking Companies (Recovery of Loans) Ordinance, 1979 regarding recovery of interest challenged being repugnant to injunctions of Islam.
677 .
S.P.No.40/I/1991 Dr. Mehmood-urRehman Faisal Vs. Federation of Pakistan etc.
678 .
Sh.P.No.40/L/1991 Naymat Ali Vs. HBFC etc.
Sections 2(8), 20 (b) & 29, 9 to13, 15,17,18,20,23,26, 30,39,41,50(2) & 2(a), 53, 87,88,89,98,103 & 141 of Income Tax Ord. 1979 of the 1st Schedule regarding imposition of income tax challenged being repugnant to injunctions of Islam. Sections 2(6) (8) of HBFC Act XVIII, 1952 and section 34, 34(a) (b) CPC regarding recovery of interest challenged being repugnant to injunctions of Islam.
Dismissed being incompetent / infructuous as the ordinance in question has already been repealed vide Order dated 6.6.2007.
Supreme Court upheld the judgment of FSC and dismissed the appeal on 2312-1999, PLD 2000 SC Page225-770. Review petition filed in Supreme Court and remanded the cases to FSC on 24-6-2002, PLD 2002 SC Page-800 . Supreme Court upheld the judgment of FSC and dismissed the appeal on 2312-1999, PLD 2000 SC Page225-770. Review petition filed in Supreme Court and remanded the cases to FSC on 24-6-2002, PLD 2002 SC Page-800 . Appeal not filed
Dismissed as withdrawn on Appeal not 2.7.1991. filed
147 679 . Sh.P.No.41/I/1991 Raja Muhammad Afsar Khan Vs. Federation of Pakistan Sh.P.No.41/L/1991 Noor Ahmed Vs. Federal Govt. of Pakistan Section 3 & 5 (1) of the Wealth Tax Act, 1963 regarding imposition of wealth tax along with Zakat challenged being repugnant to injunctions of Islam. Section 25 of ADBP 1961 Rules 17 regarding recovery of interest challenged being repugnant to injunctions of Islam. On the account of the death Appeal not of the petitioner this petition filed has been abated vide Court order 4.12.1995.
680 .
The judgment in the same subject matter has already been passed in S.P.No.30I/1990 on 14.11.1991 vide PLD 1992 page 1.
Supreme Court upheld the judgment of FSC and dismissed the appeal on 2312-1999, PLD 2000 SC Page225-770. Review petition filed in Supreme Court and remanded the cases to FSC on 24-6-2002, PLD 2002 SC Page-800
681 .
Sh.P.No.42/I/1991 Muhammad Hashim Vs. National Bank of Pakistan etc. Sh.P.No.42/L/1991 Malik Munir Ahmed Vs. Fed: of Pakistan etc.
682 .
Section 79, 80 of Negotiable Instrument Act, section 34, 34(a) of CPC challenged being repugnant to injunctions of Islam. Section 8(2) of the Banking Companies (Recovery of Loans) Ord., 1979 challenged being repugnant to injunctions of Islam.
Detailed judgment on the Appeal not same subject has already filed been passed in S.P.No.30I/1990 on 14.11.1991 vide PLD 1992 page 1. Detailed judgment on the same subject has already been passed in S.P.No.30I/1990 on 14.11.1991 vide PLD 1992 page 1. Supreme Court upheld the judgment of FSC and dismissed the appeal on 2312-1999, PLD 2000 SC Page225-770. Review petition filed in Supreme Court and remanded the cases to FSC on 24-6-2002, PLD 2002 SC Page-800 . Supreme Court upheld the judgment of FSC and dismissed the appeal on 2312-1999, PLD 2000 SC Page225-770. Review petition filed in Supreme Court and remanded the cases to FSC
683 .
S.P.No.43/I/1991 Bashir Ahmed Vs. M.C.B Ltd. etc.
Section 8(2) of Banking Companies (Recovery of Loans) Ordinance, 1979 regarding recovery of interest challenged being repugnant to injunctions of Islam
148 on 24-6-2002, PLD 2002 SC Page-800 . being Appeal not order filed
684 . 685 .
Sh.P.No.43/L/1991 Bashir Ahmed Vs. M.C.B S.P.No.44/I/1991 Mazhar Jan Vs. Federal Govt. of Pakistan and other
No provision of law specifically challenged being repugnant to injunctions of Islam. Rule 17 of ADBP Rules 1961 regarding recovery of interest challenged being repugnant to injunctions of Islam
Dismissed incompetent 16.6.1991.
vides
686 .
687 . 688 .
689 .
Sh.P.No.44/L/1991 Fazal Muhammad etc. Vs. Punjab Provincial Cooperative Bank Ltd etc. Sh.P.No.45/I/1991 Muhammad Hashim Vs. National Bank of Pakistan etc. Sh.P.No.45/L/1991 Khudadad Vs. Punjab Provincial Cooperative Bank Ltd etc. S.P.No.46/I/1991 Nadeem-ul-Islam & others Vs. Fed: of Pakistan
No provision of law has specifically been challenged being repugnant to injunctions of Islam. Section 34, 34(a)(b) of CPC challenged being repugnant to injunctions of Islam. No provision of law has specifically been challenged being repugnant to injunctions of Islam. Rule 17 of ADBP Rules 1961 regarding recovery of interest challenged being repugnant to injunctions of Islam
Dismissed incompetent vide dated 16.6.1991.
Supreme Court upheld the judgment of FSC and dismissed the appeal on 2312-1999, PLD 2000 SC Page225-770. Review petition filed in Supreme Court and remanded the cases to FSC on 24-6-2002, PLD 2002 SC Page-800 . being Appeal not order filed
Detailed judgment on the same subject has already been passed in S.P.No.30I/1990 on 14.11.1991 vide PLD 1992 page 1. Dismissed being incompetent vide order dated 16.6.1991
Appeal not filed
Appeal not filed
690 .
Sh.P.No.46/L/1991 Fateh Muhammad Vs.
Banking Companies (Recovery of Loans) Ord., regarding
Supreme Court upheld the judgment of FSC and dismissed the appeal on 2312-1999, PLD 2000 SC Page225-770. Review petition filed in Supreme Court and remanded the cases to FSC on 24-6-2002, PLD 2002 SC Page-800 . Detailed judgment on the Supreme same subject matter has Court upheld already been passed in the judgment
149 Govt. of Pakistan recovery of interest 1979 challenged being repugnant to injunctions of Islam S.P.No.30-I/1990 on of FSC and 14.11.1991 vide PLD 1992 dismissed the page 1. appeal on 2312-1999, PLD 2000 SC Page225-770. Review petition filed in Supreme Court and remanded the cases to FSC on 24-6-2002, PLD 2002 SC Page-800 . Detailed judgment on the Supreme same subject has already Court upheld been passed in S.P.No.30- the judgment I/1990 on 14.11.1991 vide of FSC and PLD 1992 page 1. dismissed the appeal on 2312-1999, PLD 2000 SC Page225-770. Review petition filed in Supreme Court and remanded the cases to FSC on 24-6-2002, PLD 2002 SC Page-800 . Dismissed as withdrawn on Appeal not 2.7.1991. filed
691 .
S.P.No.47/I/1991 Farman Ali Shah Vs. ADBP etc.
Rule 17 of ADBP Rules 1961 regarding recovery of interest challenged being repugnant to injunctions of Islam
692 .
Sh.P.No.47/L/1991 Mst. Noor Bakhat Vs. HBFC etc.
693 .
Sh.P.No.48/I/1991 Zafar Hayat Khan Bosal Vs. ADBP M. Bahauddin
Section 10 of XXVII, HBFC Act, 1956 regarding recovery of interest challenged being repugnant to injunctions of Islam. Rule 17 of ADBP Rules 1961 regarding recovery of interest challenged being repugnant to injunctions of Islam.
694 .
Sh.P.No.48/L/1991 Mst. Noor Bakhat Vs. HBFC etc.
Section 28, Chapter 48 of Interest Act, 1939 regarding recovery of interest challenged being repugnant to the injunctions of Islam.
150 2000 SC Page225-770. Review petition filed in Supreme Court and remanded the cases to FSC on 24-6-2002, PLD 2002 SC Page-800 . Dismissed on 19.5.1992 with Appeal not observation that the petition filed misconceived and not maintainable as well as the law in question does not come in conflict with the injunctions of Islam.
695 .
Sh.P.No.49/I/1991 Razia Begum Vs. Govt. of Pakistan & Quaid-e-Azam University
696 .
Sh.P.No.49/L/1991 M/S Haji & sons Vs. UBL Ltd. etc
697 .
Sh.P.No.50/I/1991 Karamatullah Sheikh Vs. Fed: of Pakistan
Rule No.7(1) of Notification No.(RM96) dated 3-5-1990 issued by the Quaid-e-Azam University regarding policy of allotment of residential accommodations of the University challenged being repugnant to injunctions of Islam. Section 8(2) of Banking Companies (Recovery of Loans) Ord. 1979 challenged being repugnant to injunctions of Islam. Section 8(2) of Banking Companies (Recovery of Loans) Ordinance, 1979 regarding recovery of interest challenged being repugnant to injunctions of Islam.
Detailed judgment on the Appeal not same subject has already filed been passed in S.P.No.30I/1990 on 14.11.1991 vide PLD 1992 page 1. Detailed judgment on the same subject has already been passed in S.P.No.30I/1990 on 14.11.1991 vide PLD 1992 page 1. Supreme Court upheld the judgment of FSC and dismissed the appeal on 2312-1999, PLD 2000 SC Page225-770. Review petition filed in Supreme Court and remanded the cases to FSC on 24-6-2002, PLD 2002 SC Page-800 . Supreme Court of Pakistan upheld the judgment of FSC and dimissed the appeal on 23-12-1999 PLD 2000, SC.Page 760.
698 .
S.P.No.50/L/1991 Ch.M.Saddique Vs. HBFC etc Linked with Sh.P.No.14/L/1991 Linked with S.P.No.59-I-1991 Linked with S.P.No.83-L-1991 Linked with S.P.No.86-L-1991 S.P.No.87-L-1991 S.P.No.88-L-1991 Linked with S.P.No.94-L-1991 Linked with
151 S.P.No.100-L-1991 699 . Sh.P.No.51/I/1991 Muhammad Iqbal Vs. Govt. of Punjab Section 2(k)(l), 10, 16 7 20 of West Pakistan Money Lenders Ord. 1960 Rule 27 of Pakistan Money Lenders Rules, 1965 regarding charge / recovery of interest challenged being repugnant to injunctions of Islam Detailed judgment on the same subject has already been passed in S.P.No.30I/1990 on 14.11.1991 vide PLD 1992 page 1. Supreme Court upheld the judgment of FSC and dismissed the appeal on 2312-1999, PLD 2000 SC Page225-770. Review petition filed in Supreme Court and remanded the cases to FSC on 24-6-2002, PLD 2002 SC Page-800 . Dismissed for want of Appeal not jurisdiction vide order dated filed 25.8.1991
700 .
Sh.P.No.51/L/1991 Muhammad Rafiq Vs. Federal Govt. of Pakistan
701 .
Sh.P.No.52/I/1991 Ch: Irshad Ahmed Vs. Fed: of Pakistan
702 .
Sh.P.No.52/L/1991 Hashmat Vs. ADBP Ltd.
703 .
Sh.P.No.53/L/1991 M. Jan Muhammad Vs. Govt. of Punjab
Section 3 of Crown Grants Act (XV) of 1895 r/w condition 4 of Gazetteer of Hisar District, 1892 challenged being repugnant to injunctions of Islam Explanation (4) below class (d) of Rule 2 of Federal Service Medical Attendance Rule, 1990 (in case of more than one wife, the wife nominated by Govt. servant to receive medical attendance and treatment will be entitled to it) challenged being repugnant to injunctions of Islam. Section 25 of Banking Company Ord., 1962 regarding recovery of interest challenged being repugnant to injunctions of Islam. Section 2(a) of Punjab Pre emption Act, 1991 challenged being repugnant to injunctions of Islam.
Dismissed having no PLD-1993. Screpugnancy to the 464. injunctions of Islam on 11.5.1992. PLD 1992-FSC, Page 527.
The Honble Court has Appeal not already considered the said filed provisions of law and held it to be repugnant to the injunctions of Islam vide judgment dated 14.11.1991 in S.P.No.18-I/1990. Petition dismissed as similar decision of Full Bench of this Court on several provision of Punjab Pre emption Act, 1991 including section 2(a) was announced on 30.5.1991. This decision was also published in PLD 1991 FSC 80 (July part). Detailed judgment on the same subject has already been passed in S.P.No.30I/1990 on 14.11.1991 vide PLD 1992 page 1. Appeal not filed
704 .
Sh.P.No.54/I/1991 Ghous Bux Vs. Federal Govt. of Pakistan
Rule 17 of ADBP, Rules, 1961 regarding recovery of interest challenged being repugnant to
Supreme Court upheld the judgment of FSC and dismissed the appeal on 23-
152 injunctions of Islam 12-1999, PLD 2000 SC Page225-770. Review petition filed in Supreme Court and remanded the cases to FSC on 24-6-2002, PLD 2002 SC Page-800 . The Petition was dismissed Appeal not as Honble Court did not find filed in the impugned being repugnant to the injunctions of Islam vide order dated 12.2.1992. Petition was dismissed in Appeal not limine on 10.2.1992 as was filed not properly filed.
705 .
Sh.P.No.54/L/1991 Muhammad Naeem Virk Vs. Govt. of Pakistan etc. Sh.P.No.55/I/1991 Dr. Mehmood-urRehman Faisal Vs. Federal Govt. of Pakistan Sh.P.No.55/L/1991 Muhammad Naeem Virk Vs. Govt. of Pakistan etc. Sh.P.No.56/I/1991 M/S Kashmir Fabrics Vs. Federal Govt. of Pakistan
706 .
707 .
708 .
Sections 2(j), 4, 5, 5(1), 7, 8, 12(2) & 18 of W.P Shops & Establishment 1969 challenged being repugnant to injunctions of Islam. Finance Act No. XII of 1991 regarding transaction/ involvement of interest in Banks challenged being repugnant to injunctions of Islam. Sections 2(6) of Employees Old Age Benefit Act, 1976 challenged being repugnant to injunctions of Islam. Interest Act, 1839 regarding recovery of interest challenged being repugnant to injunctions of Islam.
The petitioner was asked to file a fresh petition specifying accurately the provisions of law was challenged vide order dated 7.8.1991. Detailed judgment on the same subject has already been passed in S.P.No.30I/1990 on 14.11.1991 vide PLD 1992 page 1.
Appeal not filed
709 .
Sh.P.No.56/L/1991 Muhammad Naeem Virk Vs. Govt. of Pakistan etc. Sh.P.No.57/I/1991 M/S Kashmir Fabrics Vs. Federal Govt. of Pakistan
Section 2(vi), section 6 & 7(2) (I) of the Payment of Wages Act, 1936.
710 .
34 Order 37 Rule 2 of C.P.C regarding recovery of interest challenged being repugnant to injunctions of Islam.
Supreme Court upheld the judgment of FSC and dismissed the appeal on 2312-1999, PLD 2000 SC Page225-770. Review petition filed in Supreme Court and remanded the cases to FSC on 24-6-2002, PLD 2002 SC Page-800 . Dismissed. Appeal not The Honble Court has filed observed that this section of the Act as well did not appear to be repugnant to injunctions of Islam vide Courts order dated 12.2.1992. Detailed judgment on the Appeal has not same subject has already filed. been passed in S.P.No.30I/1990 on 14.11.1991 vide PLD 1992 page 1.
153 711 . Sh.P.No.57/L/1991 Muhammad Naeem Virk Vs. Govt. of Pakistan etc. Section 2(f) of the Companies Profits (Workers & Participation) Act, 1968 and section 4(a) of the Schedule challenged being repugnant to injunctions of Islam. Banking Ordinance Article 8(2) r/w Article 2(a) (iii) of the subjective Resolution challenged regarding recovery of interest being repugnant to injunctions of Islam. The Honble Court has Appeal not observed that there is filed nothing to be considered repugnant to injunctions of Islam. Dismissed in limine vide Courts order dated 12.2.1992. Detailed judgment on the same subject has already been passed in S.P.No.30I/1990 on 14.11.1991 vide PLD 1992 page 1. Supreme Court upheld the judgment of FSC and dismissed the appeal on 2312-1999, PLD 2000 SC Page225-770. Review petition filed in Supreme Court and remanded the cases to FSC on 24-6-2002, PLD 2002 SC Page-800 . The petition was returned Appeal not and petitioner was directed filed to file a fresh petition defining the words Workers or Labour vide Courts order dated 7.8.1991
712 .
Sh.P.No.58/I/1991 M/S Saqib Brothers through Haji Sheikh Karamat Ali Vs. Federation of Pakistan
713 .
Sh.P.No.58/L/1991 Muhammad Naeem Virk Vs. Govt. of Pakistan etc.
714 .
S.P.No.59/I/1991 Mst.Miro Jana Vs. Federation of Pakistan Linked with S.P.No.14-L-1991 Linked with S.P.No.50-L-1991 Linked with S.P.No.83-L-1991 Linked with S.P.No.86-L-1991 S.P.No.87-L-1991 S.P.No.88-L-1991 Linked with S.P.No.94-L-1991 Linked with S.P.No.100-L-1991 Sh.P.No.59/L/1991 Muhammad Naeem Virk Vs. Government of Pakistan etc.
Section 2(1) of West Pakistan Industrial Commercial Employment Standing Order, 1968, Industrial Relations Ord., 1969, Industrial Welfare Ord., 1989, Order 1(c),10(c) (1),15,4 & (5) challenged being repugnant to injunctions of Islam. In these connected Shariat Petitions a number of provisions of House Building Finance Corporation, Act 1952 have been challenged as repugnant to the Injunctions of Islam.
The Court has allowed the petition on 14-11-1991 and directed that nessary detections and amendments be made in section 4(2), 21(2), 24(11,12), 24(2) and 30(1)(C) by 30th June 1992 so as to bring them in comferty with the injunctions of Islam as laid down in the Holy Quran and Sunnah. PLD 1992 FSC Page 501.
715 .
Section 2(viii), 3, 7(2) (6) (d), 25(a), 35(3) and 38 of the Industrial Relations Ord., 1969 challenged being
The Honble Court held that Appeal not there appears nothing filed against the injunctions of Islam in the provisions. Dismissed in limine vide Courts order dated
154 repugnant to injunctions of Islam. Sections 292,293,294,294 (a)(b) of PPC sale / purchase/import/ export of obscene books/material etc. challenged being repugnant to injunctions of Islam. ADBP Rule 17 of Rules of 1961 regarding recovery of interest challenged being repugnant to injunctions of Islam 12.2.1992 Partially allowed to the Appeal not extent that the phrase to the filed annoyance of others occurring in section 294 PPC is repugnant to injunction of Islam vide judgment dated 7.5.1992.PLD 1992 FSC Page 484 Judgment reserved on 14.10.1991. The detailed judgment is not placed in filed. However, the judgment in the same subject matter has already been passed in S.P.No.30-I/1990 on 14.11.1991 vide PLD 1992 page 1. Supreme Court upheld the judgment of FSC and dismissed the appeal on 2312-1999, PLD 2000 SC Page225-770. Review petition filed in Supreme Court and remanded the cases to FSC on 24-6-2002, PLD 2002 SC Page-800 . Dismissed on merit as Appeal not observed by Honble Court field that petitioner has come out with his personal grievance & therefore his petition does not fall within the ambtit of section vide court order dated 23.1.2008
716 .
Sh.P.No.60/I/1991 Habib Wahab-ulKhairi Vs. Federation of Pakistan
717 .
Sh.P.No.60/L/1991 Muhammad Akram Virk Vs. President of Pakistan etc.
718 .
Sh.P.No.61/I/1991 Bahramand Vs. Govt. of NWFP. Linked With Sh.P.No.1/P/1996 Linked With Sh.P.No.1/L/1993
719 .
Sh.P.No.61/L/1991 Muhammad Khan Vs. ADBP etc. Sh.P.No.62/I/1991 Dr. Abdul Malik Irfani Vs. Fed: of Pakistan
Section 49 of Land Revenue Act, 1967 regarding taking custody of mines and minerals which is property of an individual by government challenged being repugnant to injunctions of Islam. Recovery of loan interest challenged being repugnant to injunctions of Islam. Section 5 to 8 of Law Report Act, 1875 r/w Law Report Amendment Act, 1989 challenged being repugnant to injunctions of Islam. Section 19 of ADBP Ord., 1961 r/w Rule XVII sub rule (2) of ADBP Rules, 1961 regarding recovery of interest challenged being repugnant to injunctions of Islam.
720 .
721 .
Sh.P.No.62/L/1991 Nawab Masroor Ali Khan Vs. ADBP etc.
Petition returned to petitioner and he was asked to file a fresh petition specifying the provisions of law vide order dated 11.7.1991 Dismissed on 2.11.1992 with observation that the versus of Holy Quran relied and quoted by the petitioner indeed are not relevant for declaring the impugned sections to be against the injunctions of Islam.NLR 1993, SD 231(2) Detailed judgment on the same subject has already been passed in S.P.No.30I/1990 on 14.11.1991 vide PLD 1992 page 1.
Appeal not filed
Appeal filed in the Honble Supreme Court of Pakistan and dismissed on 9.3.1999. Supreme Court upheld the judgment of FSC and dismissed the appeal on 2312-1999, PLD 2000 SC Page225-770. Review petition filed in Supreme
155 Court and remanded the cases to FSC on 24-6-2002, PLD 2002 SC Page-800 . Dismissed on 13.2.1992 for Appeal not want of jurisdiction. filed
722 .
Sh.P.No.63/I/1991 Muhammad Karim Khan Vs. Federal Govt. of Pakistan
723 .
Sh.P.No.63/L/1991 Maqbool Ahmed Qureshi Vs. Govt. of Pakistan Sh.P.No.64/I/1991 Muhammad Mukhtar Ahmed Farani Vs Govt. of Sindh etc.
724 .
Part (a) of sub rule 1 of Rule 6 of Order No.IX of CPC, 1908 regarding Govt. pleader/advocate must be bound to pursue the case of the absent parties challenged being repugnant to injunctions of Islam. Section 12 and 20 of the Punjab Local Govt. 1979 challenge being repugnant to injunctions of Islam. Sindh Money Lenders Ord. 1960 regarding charging interest challenged being repugnant to injunctions of Islam.
The petition was misconceived and finding no substance therein dismissed in limine vide order dated 18.8.1991 Detailed judgment on the same subject has already been passed in S.P.No.30I/1990 on 14.11.1991 vide PLD 1992 page 1.
725 .
Sh.P.No.64/L/1991 Maqbool Elahi Qureshi Vs. Islamic Republic of Pakistan
726 .
Sh.P.No.65/I/1991 Mukhtar Ahmed Farani Vs. Govt. of Baluchistan
Prime Minister secretariats Notification No.PAC 10-13/90 dated 5.6.1991, Public No.IS(IMP) PMDIR164-91, PAC No.15.5.1991 dated 4.6.1991, Relating to Privileging of recommending the telephone connection by Federal Ministers/MNAs/Sen etors, etc challenged being repugnant to injunctions of Islam. Section 3(2) (5) & 20 of Baluchistan Money Lenders Ord. 1960 regarding charging interest challenged being
The petition was dismissed in limine as no provision of law has been pointed out vide Courts order dated 16.12.1991.
Appeal filed in the Honble Supreme Court Dismissed dt.15.2.1993 Supreme Court upheld the judgment of FSC and dismissed the appeal on 2312-1999, PLD 2000 SC Page225-770. Review petition filed in Supreme Court and remanded the cases to FSC on 24-6-2002, PLD 2002 SC Page-800 . Appeal filed in the Honble Supreme Court Dismissed dt.2.6.1998.
Supreme Court upheld the judgment of FSC and dismissed the appeal on 23-
156 repugnant to injunctions of Islam. 12-1999, PLD 2000 SC Page225-770. Review petition filed in Supreme Court and remanded the cases to FSC on 24-6-2002, PLD 2002 SC Page-800 . Dismissed as withdrawn on Appeal not 18.8.1991. filed
727 .
728 .
Sh.P.No.65/L/1991 Maqbool Ahmed Qureshi Vs. Islamic Republic of Pakistan S.P.No.66/I/1991 Mukhtar Ahmed Farani Vs. Govt. of NWFP
Section 99 of Representation of Peoples Act, 1976 challenged being repugnant to injunctions of Islam. Section 3(2)(5) & 20 of NWFP Money Lenders Ord. 1960 regarding charging interest challenged being repugnant to injunctions of Islam.
729 .
Sh.P.No.66/L/1991 Muhammad Akhtar Khan Vs. HBFC & others
Section 8(2) Banking Companies (Recovery of Loans) Ord., 1979 regarding recovery of interest, section 34 & order XXXVII c CPC, section 79 & 80 of Negotiable Instrument Act, Interest Act, 1839, section 30 of HBFC Act XVIII, 1952 challenged being repugnant to injunctions of Islam
730 .
S.P.No.67/I/1991 Mukhtar Ahmed Farani Vs. Govt. of Punjab
Section 3(2)(5) & 20 of Punjab Money Lenders Ord. 1960 regarding charging interest challenged being repugnant to injunctions of Islam
Supreme Court upheld the judgment of FSC and dismissed the appeal on 2312-1999, PLD 2000 SC Page225-770. Review petition filed in Supreme Court and remanded the cases to FSC on 24-6-2002, PLD 2002 SC Page-800 . Supreme Court upheld the judgment of FSC and dismissed the appeal on 2312-1999, PLD 2000 SC Page225-770. Review petition filed in Supreme Court and remanded the cases to FSC on 24-6-2002, PLD 2002 SC Page-800 . Supreme Court upheld the judgment of FSC and dismissed the appeal on 2312-1999, PLD 2000 SC Page225-770. Review petition filed in
157 Supreme Court and remanded the cases to FSC on 24-6-2002, PLD 2002 SC Page-800 . Supreme Court upheld the judgment of FSC and dismissed the appeal on 2312-1999, PLD 2000 SC Page225-770. Review petition filed in Supreme Court and remanded the cases to FSC on 24-6-2002, PLD 2002 SC Page-800 . Supreme Court upheld the judgment of FSC and dismissed the appeal on 2312-1999, PLD 2000 SC Page225-770. Review petition filed in Supreme Court and remanded the cases to FSC on 24-6-2002, PLD 2002 SC Page-800 . Supreme Court upheld the judgment of FSC and dismissed the appeal on 2312-1999, PLD 2000 SC Page225-770. Review petition filed in Supreme Court and remanded the cases to FSC on 24-6-2002, PLD 2002 SC Page-800 . Supreme Court upheld the judgment
731 .
S.P.No.67/L/1991 Naveed Asif Vs. A.B.L Ltd
Section 8(2)(a) of Banking Companies (Recovery of Loans) 1979 regarding recovery of interest challenged being repugnant to injunctions of Islam
732 .
S.P.No.68/I/1991 Malik Bashir Ahmed Awan Vs. Chairman ADBP etc.
Section 19 of ADBP Ord. 1961 r/w Rule XVII sub rule (1) of ADBP Rules 1961 regarding recovery of interest challenged being repugnant to injunctions of Islam
733 .
Interest Act, 1939 regarding recovery of interest challenged being repugnant to injunctions of Islam
734 .
S.P.No.69/I/1991 Mehmood Arshad Khan
Rule 17 of ADBP Rule, 1961 regarding recovery
Detailed judgment on the same subject has already been passed in S.P.No.30-
158 Vs. Govt. of Pakistan etc. of interest challenged being repugnant to injunctions of Islam. I/1990 on 14.11.1991 vide of FSC and PLD 1992 page 1. dismissed the appeal on 2312-1999, PLD 2000 SC Page225-770. Review petition filed in Supreme Court and remanded the cases to FSC on 24-6-2002, PLD 2002 SC Page-800 . Detailed judgment on the Supreme same subject has already Court upheld been passed in S.P.No.30- the judgment I/1990 on 14.11.1991 vide of FSC and PLD 1992 page 1. dismissed the appeal on 2312-1999, PLD 2000 SC Page225-770. Review petition filed in Supreme Court and remanded the cases to FSC on 24-6-2002, PLD 2002 SC Page-800 . Dismissed being infructuous Appeal not on 13.10.1991 as the filed relevant law has been amended in 1979. Detailed judgment on the same subject has already been passed in S.P.No.30I/1990 on 14.11.1991 vide PLD 1992 page 1. Supreme Court upheld the judgment of FSC and dismissed the appeal on 2312-1999, PLD 2000 SC Page225-770. Review petition filed in Supreme Court and remanded the cases to FSC on 24-6-2002, PLD 2002 SC Page-800 . Disposed of as withdrawn Appeal not vide Court order dated filed 3.11.1991.
735 .
Section 78 and 80 of Negotiable Instrument Act, 1881 regarding recovery of interest challenged being repugnant to injunctions of Islam.
736 . 737 .
S.P.No.70/I/1991 Muzaffar Ali Qureshi Vs. HBFC etc. Sh.P.No.70/L/1991 M/S Alcos etc Vs. N.P.B
Section 24(8) of HBFC Act, 1952 challenged being repugnant to injunctions of Islam. Section 79 & 80 of Negotiable Instrument Act, 1881 regarding recovery of interest challenged being repugnant to injunctions of Islam.
738 .
Sh.P.No.71/I/1991 Gulzar Ahmed Khan Vs. Province of Punjab etc.
Circular 603-22-RCS dated 13.2.1979 & Circular RCS/B/C4069-5018 dated 15.12.1970 issued under the Cooperative Societies & Cooperative Banks
159 (Repayment of Loans) Ord. XIV of 1966 regarding provision relating to interest challenged being repugnant to injunctions of Islam. Interest Act, 1839 regarding recovery of interest challenged being repugnant to injunctions of Islam.
739 .
Sh.P.No.71/L/1991 M/S Alcos etc Vs. N.B.P
740 .
Sh.P.No.72/I/1991 Ch: Sarwar Hayat etc. Vs. Province of Punjab etc.
741 .
S.P.No.72/L/1991 M/S Alcos etc Vs. N.B.P
Circular 603-22-RCS dated 13.2.1979 & Circular RCS/B/C4069-5018 dated 15.12.1970 issued under the Cooperative Societies & Cooperative Banks (Repayment of Loans) Ord. XIV of 1966 regarding provision relating to interest challenged being repugnant to injunctions of Islam Section 34, 34(a)(b) C.P.C regarding recovery of interest challenged being repugnant to injunctions of Islam
Supreme Court upheld the judgment of FSC and dismissed the appeal on 2312-1999, PLD 2000 SC Page225-770. Review petition filed in Supreme Court and remanded the cases to FSC on 24-6-2002, PLD 2002 SC Page-800 . Disposed of as withdrawn Appeal not vide Court order dated filed 3.11.1991.
The judgment in the same subject matter has already been passed in S.P.No.30I/1990 on 14.11.1991 vide PLD 1992 page 1.
742 .
Sh.P.No.73/I/1991 Abdul Qayyum Vs. United Bank Ltd.
In this Shariat petition has challenged the section 8(2)a, of the Banking Companies Recovery of Loans Ordinance
160 2000 SC Page225-770. Review petition filed in Supreme Court and remanded the cases to FSC on 24-6-2002, PLD 2002 SC Page-800 . Supreme Court upheld the judgment of FSC and dismissed the appeal on 2312-1999, PLD 2000 SC Page225-770. Review petition filed in Supreme Court and remanded the cases to FSC on 24-6-2002, PLD 2002 SC Page-800 . Supreme Court upheld the judgment of FSC and dismissed the appeal on 2312-1999, PLD 2000 SC Page225-770. Review petition filed in Supreme Court and remanded the cases to FSC on 24-6-2002, PLD 2002 SC Page-800 . Supreme Court upheld the judgment of FSC and dismissed the appeal on 2312-1999, PLD 2000 SC Page225-770. Review petition filed in Supreme Court and remanded the cases to FSC on 24-6-2002, PLD 2002 SC Page-800
743 .
S.P.No.73/L/1991 M/S Alcos etc Vs. N.B.P
Section 8(2)(a) of Banking Companies (Recovery of Loans) 1979 regarding recovery of interest challenged being repugnant to injunctions of Islam
744 .
S.P.No.74/I/1991 Abdul Qayoon Qureshi Vs. UBL & Fed: of Pakistan etc.
Interest Act, 1839 regarding recovery of interest challenged being repugnant to injunctions of Islam.
745 .
Section 34, 34(a) (b) C.P.C regarding recovery of interest challenged being repugnant to injunctions of Islam.
161 746 . S.P.No.75/I/1991 Syed Afzal Haider Vs. Federation of Pakistan Sh.P.No.75/L/1991 Rao Muhammad Yasin Khan Vs. ADBP S.P.No.76/I/1991 Muhammad Shafi Muhammadi Vs. Fed: of Pakistan Section 13 of the Special Courts for Speedy Trial Ord. XXV, 1991 challenged being repugnant to injunctions of Islam. Provision of the enforcement of Sharia Act, 1991 challenged being repugnant to injunctions of Islam Section 337 & 338 Cr.P.C with the definition of Harabah (opinion passed in judgment dated 23.10.1991 passed by High Court of Sindh) challenged being repugnant to injunctions of Islam. Section 8(2)(a) of the Banking Companies (Recovery of Loans) Ord. challenged being repugnant to injunctions of Islam. Section 59 of Cooperative Societies Act, 1925 regarding recovery of interest challenged being repugnant to injunctions of Islam. No specific provision of HBFC, regarding recovery of interest, has been challenged being repugnant to injunctions of Islam. Rule 71(2) (m) (ee) of the Cooperative Societies Act, 1925 regarding recovery of interest challenged being repugnant to injunctions of Islam. . Disposed of as this petition Appeal not has become infructuous on filed 26.10.2000.
747 .
Petition returned being Appeal not incompetent vide Court filed order dated 17.7.1991
748 .
Petition was dismissed in Appeal not limine being not filed maintainable and challenging no provision of law vide Court order dated 20.4.1992.
749 .
Sh.P.No.76/L/1991 Abdul Rashid etc. Vs. UBL etc.
Detailed judgment on the Appeal not same subject has already filed been passed in S.P.No.30I/1990 on 14.11.1991 vide PLD 1992 page 1. Disposed of 15.12.1991 as the judgment in the same subject matter has already been passed in S.P.No.30I/1990 on 14.11.1991 vide PLD 1992 page 1. Appeal has not the Honble Supreme Court of Pakistan.
750 .
Sh.P.No.77/I/1991 Gulzar Ahmed Vs. Province of Punjab
751 .
Sh.P.No.77/L/1991 Malik Muhammad Aslam Vs. District Manager HBFC etc. Sh.P.No.78/I/1991 Gulzar Ahmed Vs. Province of Punjab
Petition returned to Appeal not petitioner vide Court order filed dated 7.8.1991
752 .
Disposed of 22.6.1992 as the judgment in the same subject matter has already been passed in S.P.No.30I/1990 on 14.11.1991 vide PLD 1992 page 1.
753
Sh.P.No.78/L/1991 Riaz Hussain etc.
Section 8 of the Banking Companies
Petition dismissed non-maintainable
Supreme Court upheld the judgment of FSC and dismissed the appeal on 2312-1999, PLD 2000 SC Page225-770. Review petition filed in Supreme Court and remanded the cases to FSC on 24-6-2002, PLD 2002 SC Page-800 . being Supreme on Court upheld
162 Vs. H.B.L Ltd etc. (Recovery of Loans) 1979 regarding recovery of interest challenged being repugnant to injunctions of Islam. 17.12.1991. However, the judgment in the same subject matter has already been passed in S.P.No.30I/1990 on 14.11.1991 vide PLD 1992 page 1. the judgment of FSC and dismissed the appeal on 2312-1999, PLD 2000 SC Page225-770. Review petition filed in Supreme Court and remanded the cases to FSC on 24-6-2002, PLD 2002 SC Page-800 . Supreme Court upheld the judgment of FSC and dismissed the appeal on 2312-1999, PLD 2000 SC Page225-770. Review petition filed in Supreme Court and remanded the cases to FSC on 24-6-2002, PLD 2002 SC Page-800 . Supreme Court upheld the judgment of FSC and dismissed the appeal on 2312-1999, PLD 2000 SC Page225-770. Review petition filed in Supreme Court and remanded the cases to FSC on 24-6-2002, PLD 2002 SC Page-800 . Appeal not filed
754 .
Sh.P.No.79/I/1991 Gulzar Ahmed Vs. Province of Punjab etc.
Circular No.623-82, Circular No. 603-22RSC dated 13.2.1969, Circular No. RCS/B&C/48695018 dated 5.12.1977 regarding recovery of interest challenged being repugnant to injunctions of Islam.
755 .
Sh.P.No.79/L/1991 Muhammad Anees Vs. ADBP etc.
Section 19 of ADBP 1961 and 17 of ADBP Rules, 1960 regarding recovery of interest challenged being repugnant to injunctions of Islam.
756 .
Sh.P.No.80/I/1991 Gulzar Ahmed Vs. Province of Punjab etc. Linked with Sh.P.No.82/I/1991 Linked with Sh.P.No.1/L/1992 Sh.P.No.80/L/1991 Talib Hussain Vs.
Section 23 of Cooperative Societies Act, 1925 regarding recovery of interest challenged being repugnant to injunctions of Islam. Shariah Act, 1991 challenged being repugnant to
Disposed 1992.
of
dated
30-6-
757 .
Dismissed being Appeal not incompetent vide Court filed order dated 12.12.1991.
163 Mercantile Cooperative Finance Corp. Ltd etc. S.P.No.81/I/1991 Ch: Sarwar Hayat Vs. Province of Punjab & others injunctions of Islam. Section 59 of Cooperative Societies Act, 1925 regarding recovery of interest challenged being repugnant to injunctions of Islam. Disposed of 15.12.1991 as the judgment in the same subject matter has already been passed in S.P.No.30I/1990 on 14.11.1991 vide PLD 1992 page 1. Supreme Court upheld the judgment of FSC and dismissed the appeal on 2312-1999, PLD 2000 SC Page225-770. Review petition filed in Supreme Court and remanded the cases to FSC on 24-6-2002, PLD 2002 SC Page-800 . Supreme Court upheld the judgment of FSC and dismissed the appeal on 2312-1999, PLD 2000 SC Page225-770. Review petition filed in Supreme Court and remanded the cases to FSC on 24-6-2002, PLD 2002 SC Page-800 . Appeal has not filed.
758 .
759 .
Sh.P.No.81/L/1991 Ghulam Abbas etc. Vs. Manager ADBP etc.
Section 8(2) Banking Company (Recovery of Loans) 1979, section 79 & 80 of Negotiable Instrument Act, section 34, 24(a)(b) C.P.C and Interest Act, 1839 regarding recovery of interest challenged being repugnant to injunctions of Islam.
Disposed on 16.12.1991. However, the judgment in the same subject matter has already been passed in S.P.No.30-I/1990 on 14.11.1991 vide PLD 1992 page 1.
760 .
Sh.P.No.82/I/1991 Ch. Sarwar Hayat Vs Province of Punjab. Linked with Sh.P.No.1/L/1992 Linked with Sh.P.No.80/I/1991
Article No. 3(6) of the Bye-Laws of National Industrial Co-operative Finance Corporation Limited may please be examined and declared to be repugnant to the Injunctions of Islam. ------------Section 8(2) Banking Company (Recovery of Loans) 1979, section 79 & 80 of Negotiable Instrument Act, section 34, 24(a)(b) C.P.C and Interest Act, 1839 regarding recovery of interest challenged being repugnant to injunctions of Islam.
Allowed. The Court has declared (To draw interest thereon) repugnant to Injunction of Islam. The concerned authority is directed to suitably amend the said provision of law within six months. Failing which it shall cease to be effective as on and form 31st of December, 1992. Dated: 30-6-1992. Disposed on 16.12.1991. However, the judgment in the same subject matter has already been passed in S.P.No.30-I/1990 on 14.11.1991 vide PLD 1992 page 1.
761 .
Sh.P.No.82/L/1991 Sohni Vs. Manager ADBP etc.
Supreme Court upheld the judgment of FSC and dismissed the appeal on 2312-1999, PLD 2000 SC Page225-770. Review petition filed in Supreme Court and remanded the
164 cases to FSC on 24-6-2002, PLD 2002 SC Page-800 . Appeal filed in the Honble Supreme Court of Pakistan.
762 .
Sh.P.No.83/I/1991 Ch: Sarwar Hayat Vs. Province of Punjab & others
763 .
S.P.No.83/L/1991 Haji Muhammad Arif Vs. HBFC etc Linked with S.P.No.14/L/1991 Linked with S.P.No.50-L-1991 Linked with S.P.No.59-I-1991 Linked with S.P.No.86-L-1991 S.P.No.87-L-1991 S.P.No.88-L-1991 Linked with S.P.No.94-L-1991 Linked with S.P.No.100-L-1991 S.P.No.84/I/1991 Ch: Sarwar Hayat Vs. Province of Punjab etc.
Section 71(2) (m)(e) of Cooperative Societies Act, 1925 regarding recovery of interest challenged being repugnant to injunctions of Islam. In these connected Shariat Petitions a number of provisions of House Building Finance Corporation, Act 1952 have been challenged as repugnant to the Injunctions of Islam.
Disposed of 22.6.1992 as the judgment in the same subject matter has already been passed in S.P.No.30I/1990 on 14.11.1991 vide PLD 1992 page 1. The Court has allowed the petition on 14-11-1991 and directed that nessary detections and amendments be made in section 4(2), 21(2), 24(11,12), 24(2) and 30(1)(C) by 30th June 1992 so as to bring them in comferty with the injunctions of Islam as laid down in the Holy Quran and Sunnah. PLD 1992 FSC Page 501
764 .
765 . 766 .
Sh.P.No.84/L/1991 Wali Muhammad Vs. Fed: of Pakistan S.P.No.85/I/1991 Captain Abdul Ghafoor Vs. Federation of Pakistan
Circular No.623-82, Circular No. 603-22RSC dated 13.2.1969, Circular No. RCS/B&C/48695018 dated 5.12.1977 regarding recovery of interest challenged being repugnant to injunctions of Islam. Section 4 of Muslim Family Law 1961 challenged being repugnant to injunctions of Islam. Section 14 of Offence of Qazf (Enforcement of Hadd) Ord. 1979 relating to Lian challenged being repugnant to injunctions of Islam.
Dismissed having no Appeal not jurisdiction vide order dated filed 28.8.1991. Disposed of on 9.7.1992 with observation that law challenged is not repugnant to injunctions of Islam, however, a lacuna which may be filled by adding the words in beginning of subsection (1) of section 14 that in the absence of evidence of four eye-witnesses, the Court shall proceed to record the Lian. Detailed judgment on the same subject has already been passed in S.P.No.30I/1990 on 14.11.1991 vide PLD 1992 page 1. Appeal not filed
767 .
Sh.P.No.85/L/1991 Muhammad Sharif Vs. Fed: of Pakistan
Section 34, 34(a)(b) CPC regarding recovery of interest and section 59 subsection 2 of Cooperative Societies Act, 1925
Supreme Court upheld the judgment of FSC and dismissed the appeal on 2312-1999, PLD
165 challenged being repugnant to injunctions of Islam. 2000 SC Page225-770. Review petition filed in Supreme Court and remanded the cases to FSC on 24-6-2002, PLD 2002 SC Page-800 . Disposed of on 5.12.2000 as Appeal not same order was passed in filed S.P.No.5-I/1992 which says an authoritative judgment on the subject has been delivered by the Honble Shariat Appellate Bench and a task force has been formed to work out strategy for implementation of the same. In view of the matter petition became infructuous and disposed of accordingly. The Court has allowed the Supreme petition on 14-11-1991 and Court of directed that nessary Pakistan detections and amendments upheld the be made in section 4(2), judgment of 21(2), 24(11,12), 24(2) and FSC and 30(1)(C) by 30th June 1992 dimissed the so as to bring them in appeal on 23comferty with the injunctions 12-1999. of Islam as laid down in the PLD 2000, Holy Quran and Sunnah. PLD SC.Page 760. 1992 FSC Page 501
768 .
S.P.No.86/I/1991 Dr. Mehmood-urRehman Faisal Vs. Federation of Pakistan
Section 3(2), 8, 15, 18, 19 & 21 of Enforcement of Shariah Act, 1991 (barring the Federal Shariat Court to adjudicate fiscal matters) challenged being repugnant to injunctions of Islam.
769 .
S.P.No.86/L/1991 S.P.No.87/L/1991 S.P.No.88/L/1991 Mst. Noor Bakht Vs. HBFC etc Linked with S.P.No.14/L/1991 Linked with S.P.No.50/L/1991 Linked with S.P.No.59/I/1991 Linked with S.P.No.83/L/1991 Linked with S.P.No.94/L/1991 Linked with S.P.No.100/L/1991 Linked with S.P.No.7/L/1991 S.P.No.87/I/1991 Dr. Muhammad Asalm Khaki Vs. Federation of Pakistan
770 .
771 .
S.P.No.88/I/1991 Qazi Muhammad Haroon Vs. Govt. of Pakistan
Section 31(1) & 18(1) of Allam Iqbal Open University Act, 1974 (regarding right of appeal against the order passed by V.C before Executive Council which is itself headed by V.C, and thereafter to the ProChancellor) challenged being repugnant to injunctions of Islam Section 22 of Legal Practitioner & Bar Council Act, 1973 challenged being repugnant to injunctions of Islam.
Disposed of on 3-11-1992.
Appeal not filed
166 772 . S.P.No.89/L/1991 Sheikh Masood Ellahi Vs. Govt. of Pakistan Section 8(2)(a) of the Banking Companies (Recovery of Loans) Ord. 1979 challenged being repugnant to injunctions of Islam. Section 8(2)(a) of Banking Company (Recovery of Loans) 1979 regarding recovery of interest challenged being repugnant to injunctions of Islam However, the judgment in Appeal not the same subject matter has filed already been passed in S.P.No.30-I/1990 on 14.11.1991 vide PLD 1992 page 1. the judgment in the same subject matter has already been passed in S.P.No.30I/1990 on 14.11.1991 vide PLD 1992 page 1. Supreme Court upheld the judgment of FSC and dismissed the appeal on 2312-1999, PLD 2000 SC Page225-770. Review petition filed in Supreme Court and remanded the cases to FSC on 24-6-2002, PLD 2002 SC Page-800 . Supreme Court upheld the judgment of FSC and dismissed the appeal on 2312-1999, PLD 2000 SC Page225-770. Review petition filed in Supreme Court and remanded the cases to FSC on 24-6-2002, PLD 2002 SC Page-800 . Supreme Court held that Rule 25 and 26 are repugnant to Injunctions of Islam to the extent they recognize the appointment of minor or incapable person as a Headman and Rule 19(2) of the Punjab Land Revenue Rules 1968 Rule 17 declared and repugnant to the Injunctions
773 .
S.P.No.90/L/1991 Mansoor Ellahi etc. Vs. Govt. of Pakistan etc.
774 .
S.P.No.91/L/1991 Muhammad Rafiq Vs. Manager U.B.L & others
Section 8(2)(a) of Banking Company (Recovery of Loans) 1979 regarding recovery of interest challenged being repugnant to injunctions of Islam
However, the judgment in the same subject matter has already been passed in S.P.No.30-I/1990 on 14.11.1991 vide PLD 1992 page 1.
775 .
Sh.P.No.92/L/1991 Maqbool Ahmed Qureshi Vs. Government of Punjab etc.
West Pakistan Land Revenue Rules, 1968, challenged being repugnant to injunctions of Islam
Dismissed on dated 16-121991.
167 776 . S.P.No.93/L/1991 Sheikh Mushtaq Ahmed Vs. Fed: of Pakistan etc. Section 8(2)(a) of Banking Company (Recovery of Loans) 1979 regarding recovery of interest challenged being repugnant to injunctions of Islam However, the judgment in the same subject matter has already been passed in S.P.No.30-I/1990 on 14.11.1991 vide PLD 1992 page 1. of Islam. Supreme Court upheld the judgment of FSC and dismissed the appeal on 2312-1999, PLD 2000 SC Page225-770. Review petition filed in Supreme Court and remanded the cases to FSC on 24-6-2002, PLD 2002 SC Page-800 . Supreme Court of Pakistan upheld the judgment of FSC and dimissed the appeal on 2312-1999 PLD 2000, SC.Page 760.
777 .
S.P.No.94/L/1991 Ashiq Hussain etc Vs. Islamic Republic of Pakistan etc Linked with S.P.No.14/L/1991 Linked with S.P.No.50/L/1991 Linked with S.P.No.59/I/1991 Linked with S.P.No.83/L/1991 Linked with S.P.No.86/L/1991 S.P.No.87/L/1991 S.P.No.88/L/1991 Linked with S.P.No.100/L/1991 Linked with S.P.No.7/L/1991 Review S.P.No.1/I/1992 in S.P.No.95/L/1991 Akbar Khan Vs. Public at Large etc. Sh.P.No.96/L/1991 Muhammad Iqbal Vs. The State etc. Sh.P.No.97/L/1991 Muhammad Abdullah Alvi Vs. ADBP Sh.P.No.98/L/1991 Bashir Ahmed Vs. U.B.L etc.
In these connected Shariat Petitions a number of provisions of House Building Finance Corporation, Act 1952 have been challenged as repugnant to the Injunctions of Islam
The Court has allowed the petition on 14-11-1991 and directed that nessary detections and amendments be made in section 4(2), 21(2), 24(11,12), 24(2) and 30(1)(C) by 30th June 1992 so as to bring them in comferty with the injunctions of Islam as laid down in the Holy Quran and Sunnah. PLD 1992 Page 501 FSC
778 .
Challenged section 13 of the Punjab Pre-emption Act No. IX of 1991 Section 6 of Muslim Family Law 1961 challenged being repugnant to injunctions of Islam. ADBP Rules 1961 (Recovery of Interest on Loans) challenged being repugnant to injunctions of Islam. Interest Act, 1839, section 34, 34(a)(b) C.P.C and section 59 of Cooperative Societies Act, 1925 challenged being repugnant to injunctions of Islam.
Dismissed being Appeal has not misconceived on 30.11.1993 filed.
779 . 780 .
Dismissed having no Appeal not jurisdiction vide Court order filed 13.10.1991 Dismissed being Appeal not incompetent as petitioner filed raised grievance of his personal nature vide Court order dated 12.12.1991 Disposed of on 12.12.1991. The detailed judgment is not placed in filed. However, the judgment in the same subject matter has already been passed in S.P.No.30I/1990 on 14.11.1991 vide PLD 1992 page 1. Supreme Court upheld the judgment of FSC and dismissed the appeal on 2312-1999, PLD 2000 SC Page225-770.
781 .
168 Review petition filed in Supreme Court and remanded the cases to FSC on 24-6-2002, PLD 2002 SC Page-800 . Supreme Court of Pakistan upheld the judgment of FSC and dimissed the appeal on 2312-1999 PLD 2000, SC.Page 760.
782 .
S.P.No.100/L/1991 Manzoor Hussain Vs. Federation of Pakistan etc Linked with S.P.No.14/L/1991 Linked with S.P.No.50/L/1991 Linked with S.P.No.59/I/1991 Linked with S.P.No.83/L/1991 Linked with S.P.No.86/L/1991 S.P.No.87/L/1991 S.P.No.88/L/1991 Linked with S.P.No.94/L/1991 Linked with S.P.No.7/L/1991 Sh.P.No.101/L/ 1991 S. Muhammad Din & sons Pvt. Ltd Vs. Federation of Pakistan
783 .
Section 8(2)(a) of Banking Company (Recovery of Loans) 1979 regarding recovery of interest challenged being repugnant to injunctions of Islam
784 .
S.P.No.102/L/1991 Muhammad Anwar Vs. Fed: of Pakistan
Rule 17 of ADBP rules 1961 regarding recovery of interest challenged being repugnant to injunctions of Islam
Supreme Court upheld the judgment of FSC and dismissed the appeal on 2312-1999, PLD 2000 SC Page225-770. Review petition filed in Supreme Court and remanded the cases to FSC on 24-6-2002, PLD 2002 SC Page-800 . Supreme Court upheld the judgment of FSC and dismissed the appeal on 2312-1999, PLD 2000 SC Page225-770. Review petition filed in Supreme Court and remanded the cases to FSC on 24-6-2002, PLD 2002 SC Page-800
169 785 . S.P.No.103/L/1991 Muhammad Siddique Chughtai Vs. Govt. of Pakistan etc. S.P.No.104/L/1991 M/S Mumtaz Industries Vs. Manager IDBP etc L/W S.P.No.105/L/1991 S.P.No.105/L/1991 M/S Mumtaz Industries Vs. Fed: of Pakistan L/W S.P.No.104/L/1991 S.P.No.106/L/1991 Munir Hussain Vs. U.B.L etc. No specific provision of law has been challenged being repugnant to injunctions of Islam Section 34,35 r/w section 37 Rule 2 of CPC relating to interest challenged being repugnant to injunctions of Islam Section 28 of Banking Companies (Recovery of Loan) Ord., 1979 regarding recovery of interest challenged being repugnant to injunctions of Islam Section 34 CPC, section 79 & 80 of negotiable Instrument Act, 1881, section 82(2) OF Banking Companies (Recovery of Loans) Ord., 1979, Interest Act, 1838 regarding recovery of interest challenged being repugnant to injunctions of Islam Schedule No.7,9,10 (cancellation of law of allotment) of Housing & Physical Planning Punjab Lahore (personal grievance) challenged being repugnant to injunctions of Islam Section 25(2) (a) 26 and 26-A (1)iii Banking companies ord:1962 Section 8 (2) of Banking Companies (Recovery of Loans) Ord., 1979 regarding recovery of interest challenged being repugnant to injunctions of Islam Section 8 (2) of Banking Companies (Recovery of Loans) Ord., 1979 regarding recovery of interest Dismissed being not maintainable as the Honble Court had already dismissed the S.Petition No.13-L/1989 of same nature and grounds in limine vide Court order dated 15.12.1991 Allowed, vide judgment dated 2.2.1992 in view of the judgment on the same subject matter has already been passed in S.P.No.30I/1990 on 14.11.1991 vide PLD 1992 page 360 . Appeal not filed
786 .
787 .
Allowed, vide judgment Appeal has not dated 2.2.1992 in view of filed. the judgment on the same . subject matter has already been passed in S.P.No.30I/1990 on 14.11.1991 ,PLD 1992 FSC Page 360 Disposed of on 15.12.1991 in Appeal has not view of the judgment on the filed. same subject matter has already been passed in S.P.No.30-I/1990 on 14.11.1991 vide PLD 1992 page 1.
788 .
789 .
S.P.No.107/L/1991 Muhammad Aslam Vs. Province of Punjab etc.
Disposed of. Petition Appeal not returned to petitioner as it filed was mentioning personal grievance vide letter dated 21.6.1992 issued by Senior Research Advisor F.S.C
790 . 791 .
S.P.No.108/L/1991 Rukhsana & Co Vs. ABL Lahore S.P.No.109/L/1991 Pak Cables Rubber Industry Vs. M.C.B Ltd. etc
Original petition returned to Appeal has not petitioner 19.10.1991. filed. Disposed of on 12.12.1991 in Appeal has not view of judgment already filed. passed in the same subject matter passed in S.P.No.30I/1990 on 14.11.1991 vide PLD 1992 page 1.
792 .
S.P.No.111/L/1991 M/S National Machinery Store Vs. Fed: of Pakistan etc.
Disposed of on 12.12.1991 in Appeal has not view of the judgment on the filed. same subject matter has already been passed in S.P.No.30-I/1990 on 14.11.1991 vide PLD 1992
170 challenged being repugnant to injunctions of Islam. Section 8 (2) of Banking Companies (Recovery of Loans) Ord., 1979 regarding recovery of interest challenged being repugnant to injunctions of Islam. Section 8 (2) of Banking Companies (Recovery of Loans) Ord., 1979 regarding recovery of interest challenged being repugnant to injunctions of Islam. ADBP Rules 1961, regarding recovery of interest regarding recovery of interest challenged being repugnant to injunctions of Islam. Interest Act, 1839 regarding recovery of interest challenged being repugnant to injunctions of Islam. Interest Act, 1839 regarding recovery of interest challenged being repugnant to injunctions of Islam. Interest Act, 1839 regarding recovery of interest challenged being repugnant to injunctions of Islam. Sub section (ii) of section 3, section 19 of Enforcement of Shariah Act, 1991, challenged being repugnant to injunctions of Islam. page 1. Disposed of on 12.12.1991 in Appeal has not view of the judgment on the filed. same subject matter has already been passed in S.P.No.30-I/1990 on 14.11.1991 vide PLD 1992 page 1. Disposed of on 12.12.1991 in Appeal has not view of the judgment on the filed. same subject matter has already been passed in S.P.No.30-I/1990 on 14.11.1991 vide PLD 1992 page 1. Disposed of on 04.10.1992 in Appeal has not view of judgment already filed. passed in S.P.No.30-I/1990 on 14.11.1991 vide PLD 1992 page 1.
793 .
S.P.No.112/L/1991 M/S National Machinery Store Vs. Fed: of Pakistan etc.
794 .
S.P.No.113/L/1991 Sheikh Ishfaq Ahmed Vs. Fed: of Pakistan
795 .
S.P.No.114/L/1991 Din Muhammad etc. Vs. ADBP etc.
796 .
S.P.No.115/L/1991 Muhammad Madani Vs. Fed: of Pakistan S.P.No.116/L/1991 Muhammad Amin etc. Vs. Fed: of Pakistan etc. S.P.No.117/L/1991 Saleem Akhtar Vs. Islamic Republic of Pakistan etc. S.P.No.118/L/1991 Muhammad Ismail Qureshi Vs. Fed: of Pakistan L/W S.P.No.123/L/1991 L/W S.P.No.14/L/1992 L/W S.P.No.15/L/1992 S.P.No.119/L/1991 M/S Mumtaz Industries Vs. Fed: of Pakistan
Disposed of on 17.12.1991 in Appeal has not view of judgment already filed. passed in S.P.No.30-I/1990 on 14.11.1991 vide PLD 1992 page 1. Disposed of on 17.12.1991 in Appeal has not view of judgment already filed. passed in S.P.No.30-I/1990 on 14.11.1991 vide PLD 1992 page 1. Disposed of on 17.12.1991 in Appeal has not view of judgment already filed. passed in S.P.No.30-I/1990 on 14.11.1991 vide PLD 1992 page 1. Allowed. Provision of section 3(2), 19 of Enforcement of the Shariah Act, XX of 1991 were declared repugnant to the injunctions of Islam vide Court judgment dated 13.5.1992,PLD 1992 FSC Page 445 Appeal filed in the Honble Supreme Court of Pakistan.Pendi ng
797 .
798 .
799 .
800 .
Section 41 of IDBP 1961 challenged being repugnant to injunctions of Islam.
801
S.P.No.120/L/1991 M/S Mumtaz
Section 8 (2) of Banking Companies
Dismissed. The Honble Court has found that there is no repugnancy in the above said provisions to the injunctions of Islam as laid down in the Holy Quran and Sunnah vide judgment dated 23.6.1992 Disposed of on 17.12.1991 in view of judgment already
Appeal not filed
Appeal not filed
171 Industries Vs. Fed: of Pakistan (Recovery of Loans) Ord., 1979 regarding recovery of interest challenged being repugnant to injunctions of Islam. Section 8 (2) of Banking Companies (Recovery of Loans) Ord., 1979 challenged being repugnant to injunctions of Islam. Punjab Cooperative Societies and Cooperative Bank (Repayment of Loan) 1966 regarding recovery of interest challenged being repugnant to injunctions of Islam. Provision of section 10, 73 & 74 of Contract Act, 1872 and Provision of 21, 24,25 & 26 of Specific Relief Act, 1877 challenged being repugnant to injunctions of Islam. passed in S.P.No.30-I/1990 on 14.11.1991 vide PLD 1992 page 1.
802 .
S.P.No.121/L/1991 M/S Mumtaz Industries Vs. A.B.L Ltd etc. S.P.No.122/L/1991 Ghulam Haider Vs. Punjab Cooperative Bank etc.
Disposed of on 17.12.1991 in Appeal not view of judgment already filed passed in S.P.No.30-I/1990 on 14.11.1991 vide PLD 1992 page 1. Dismissed as withdrawn vide Appeal not court order dated 13.2.1992 filed
803 .
804 .
S.P.No.124/L/1991 Muhammad Afzal etc. Vs. Federal Govt. of Pakistan etc.
The petition is dismissed in limine vide Court order dated 21.6.1992 as the Honble Court has already examined the law under suo moto jurisdiction in 1983-84.
Appeal filed in the Honble Supreme Court of Pakistan and has been dismissed on 14-10-2004
1992
S. No. Shariat Petition No. & Party Names Law Challenged Appeal filed in the Hon.Suprem e Court of Pakistan or not with Status Dismissed being Appeal has not misconceived on 30.11.1993 filed. FSC Decision
805 .
Review S.P.No.1/I/1992 in S.P.No.95/L/1991 Akbar Khan Vs. Public at Large etc. S.P.No.1/I/1992 Sher Nadir Khan Vs. The Govt. of NWFP and another Sh.P.No.1/L/1992 Mst.Mumtaz Begam Vs The Provence of Punjab etc. Linked with Sh.P.No.80/I/1991 Linked with Sh.P.No.82/I/1991
Challenged section 13 of the Punjab Pre-emption Act No. IX of 1991.
806 .
Personal grievance.
in limine for want
807 .
Article No. 3(6) of the Bye-Laws of National Industrial Co-operative Finance Corporation Limited may please be examined and declared to be repugnant to the Injunctions of Islam.
Allowed. The Court has Appeal has not declared (To draw interest filed. thereon) repugnant to Injunction of Islam. The concerned authority is directed to suitably amend the said provision of law within six months. Failing which it shall cease to be effective as on and form 31st of December, 1992. Dated: 30-6-1992.
172 808 . 809 . Sh.P.No.1/K/1992 Illahi Bakhsh Vs Islamic Republic of Pakistan etc S.P.No.2/I/1992 Noor Khan Vs. Federal Govt.etc. Challenged Section 4 of Muslim Family Laws Ordinance, 1961. Section 54-C and Sub-section of Section 24 of Act IX of 1910 added by Electricity (Amendment) Ordinance, 1979 (Ord No.LXII of 1979). Challenged the interest Act (Whole Act), 1939 and Provision of Section 34, 34(A) (B) of Civil Procedure Code. Impugned Para 22 of the Martial Law Regulation No.115 of 1972 (Restrictions on partition of joint holdings) is patently Un-Islamic being voilative of the fundamental rights of equality before law recognized by Quran and Sunnah. The common cause of permitting the partition of joint holding is the fundamental rights of the co-owners to utilize their land with their exclusive possession. ---------------Section 3 of the Limitation Act, 1908. Office has informed to petitioner that the matter does not fall within the jurisdiction of this Court. Office letter date; 9-2-1992. Dismissed in limine on 10.2.1992 for want of jurisdiction. Appeal has not filed.
810 .
Sh.P.No.2/K/1992 Sharaf-uddin and five others Vs ADBP and others Sh.Rew.No.2/I of 1992 Abdul Sattar Vs The Government of Pakistan Linked With Sh.P.No.7/L/1992
811 .
Returned. Office has informed to petitioner that the petition is not in accordance with Rule 7(2) of FSC (Procedure) Rules, 1981. Office letter dated; 9-2-1992. Disposed of. The Court has already been given judgment in Shariat petition No.10/L/1990 Ch. Khan Muhammad Vs The Government of Pakistan on 27-04-1992 and Shariat Appellate Bench of Supreme Court of Pakistan on 15-111993 declining the provisions of paragraphs 22, 23 and 24 of Martial Law Regulation -115 against the Injunction of Islam. No such order has to be passed by this Court on this Shariat Petition. Order dated: 1-12-1993. -------------
Appeal filed in the Honble Supreme Court of Pakistan and Allowed on dated 15-111993.
812 .
813 .
S.P.No.3/I/1992 Dr.Mahmood-urRehman Faisal Vs. Govt. of Pakistan etc. Sh.P.No.3/L/1992 Imtiaz Ali Asad Vs The Government of Pakistan Review S.P.No.3/I/1992 Qazi Mazhar Ul Haq Vs. Govt. of Pakistan Sh.P.No.3/K/1992 Miss. Taslim sheikh Vs M.D HBFC etc
814 . 815 .
Challenged Sections 20 and 57 of Representation of Peoples Act, 1976. (Procedure of Nominated Candidate). Sections 4, 11, 16, 17 and 23(1) of the Land Acquisition Act, 1894. Section 24(6),(8) and 26(3) of House Building Finance Corporation Act, XVIII of 1952.
Dismissed. The Court has Appeal has not not found repugnant of filed. Injunction of Islam of these challenged sections. Dated: 12-11-1992. Dismissed for non- Appeal has not prosecution on 20.10.2008 filed.
Dismissed in limine. Appeal has not The Judgment of supreme filed. Court Of Pakistan on Riba this petition has become infructuous.
173 816 . 817 . S.P.No.4/I/1992 Dr.Mehmood-urRehman Faisal Vs. Govt. of Pakistan Sh.P.No.4/L/1992 Safdar Ali & others Vs Federation of Pakistan Section 3 of the Bait-ul-Mal Act No.1 of 1992 has been challenged Petitioner has stated that he was allotted a piece of land at Sargodha in lieu of his land acquired by the Government situate at Gujranwala. The price of the plot is Rs.28, 100/-. The Government is claiming Rs.12, 960/- towards interest plus penal interest of Rs.20, 369.25. By this petition, a declaration is sought that the interest is against the Inunctions of Islam as laid down in the Holy Quran and Sunnah. Section 21 of Enforcement of Shariah Act,1991 Order dated 8-5-2000. Dismissed in limine 10.2.1992 on Appeal filed in the Honble Supreme Court of Pakistan. Dismissed. Appeal has not In this matter the petitioner filed. has raised some personal grievance. The Court in not competent to grant any personal relief therefore the petition is not maintainable and has dismissed accordingly. Dated: 28-4-1992.
818 .
Review S.P.No.4/I/1992 Dr.Mehmood-urRehman Faisal Vs. Govt. of Pakistan and another
819 .
Sh.P.No.4/K/1992 Sohail Hameed Vs Federation of Pakistan
Challenged Section 34 of PPC on the ground of its being repugnant to the Injunctions of Islam. S. 34. When a criminal act is done by several persons, in furtherance of the common intention of all, each of such persons is liable for that act in the same manner as if it were done by him alone. The petitioner has requested through petition that the recovery of Interest, penal interest and other charges o loan given to the petitioner /firm by the respondentbank as against the
Disposed of on 5.12.2000, as infructuous, as an authoritative judgment on the subject has been delivered by the Honble Shariat Appellate Bench of the Supreme Court of Pakistan and a task force has been formed to work out strategy for implementation of the same Dismissed. The Court has not found the said Section against the Quran and Sunnah. Judgment dated; 12-111992,PLD 1993 FSC Page 44
820 .
Sh.P.No.5/L/1992 Sardar Khan Vs Allied Bank of Pakistan Ltd.
The Court has informed the Appeal has not petitioner that you have not filed. challenged any law or provision there of as repugnant to the Injunctions of Islam therefore if so diseur file a petition challenging any law or provision. But no petition has been file by the
174 Injunctions of Islam, Holy Quran and Sunnah. Sections 18 and 19 of the Shariat Act,1991 petitioner. Disposed of as infructuous Appeal has not on 5.12.2000. filed. Appeal has not filed.
821 . 822 .
S.P.No.5/I/1992
Saleem Raza Qureshi Vs. Federation of Pakistan
Review
S.P.No.5/I/1992 Abdullah Sani etc Vs. Secretary M/o Law L/W 22/I/1992
823 .
824 .
825 .
Sh.P.No.5/K/1992 Muhammad Mumtaz Ali Vs Federation of Pakistan etc S.P.No.6/I/1992 Abdur Rehman Siddiqui etc Vs. Federation of Pakistan etc. Sh.P.No.6/L/1992 Sardar Khan Vs Allied Bank of Pakistan Ltd.
Review of FSC Dismissed on 25.4.2007 judgment dated 7.7.1983 where in different sections of Copy Rights Ordinance XXXIV of 1962 and Rules 10 and 17 of Copy right rules, 1967 has been challenged. Challenged Gazette Dismissed as withdrawn. Notification No.SRO- Order dated; 5-10-1992 939(i) /79. (Return of Agriculture Land). Secs.18 and 19 of Enforcement of Shariah Act, 1991.
Disposed of as infructuous Appeal has not on 5.12.2000 filed.
826 .
Sh.P.No.6/K/1992 Khaliquz-zaman Vs Sajjad Hussain and Others
The petitioner has requested through petition that the recovery of Interest, penal interest and other charges o loan given to the petitioner /firm by the respondentbank as against the Injunctions of Islam, Holy Quran and Sunnah. Challenged Section 4 of the Muslim Family Laws, 1961.
Dismissed as withdrawn. Appeal has not The Court has informed that filed. the petitioner to see this Courts judgment PLD-1992FSC-1. Challenged pointed has already been discussed in the judgment. Order dated: 28-4-1992.
827 .
Sh.P.No.7/L/1992 Abdul Sattar Vs The Federal Government of Pakistan. Linked With Sh.Rew.No.2/I of
Impugned Para 22 of the Martial Law Regulation No.115 of 1972 (Restrictions on partition of joint holdings) is patently Un-Islamic being voilative of the fundamental rights of equality before law recognized by Quran and Sunnah. The common cause of permitting the partition of joint holding is the
Dismissed. This Court and supreme Court of Pakistan has already been examined above said provision i.e. Farishta Khatoon case reported PLD 1981-SC-120. Order dated; 21-6-1992 Disposed of. The Court has already been given judgment in Shariat petition No.10/L/1990 Ch. Khan Muhammad Vs The Government of Pakistan on 27-04-1992 and Shariat Appellate Bench of Supreme Court of Pakistan on 15-111993 declining the provisions of paragraphs 22, 23 and 24 of Martial Law Regulation -115 against the Injunction of Islam. No such order has to be passed by this Court on this Shariat Petition.
Appeal filed in the Honble Supreme Court of Pakistan and Allowed on dated 15-111993.
175 fundamental rights of the co-owners to utilize their land with their exclusive possession. ---------------828 . Sh.P.No.7/K/1992 Malik Muhammad Usman Vs The Government of Pakistan Sh.P.No.8/L/1992 Sardar Khan Vs The Government of Pakistan Challenged the Qisas and Diyat Ordinance is against the Injunctions of Islam. Order dated: 1-12-1993. -------------
829 .
830 .
Sh.P.No.8/K/1992 Malik Muhammad Usman Vs The Government of Pakistan Sh.P.No.9/L/1992 Rana Zahoor Ahmed Khan Vs United Bank Limited
The petitioner has requested through petition that the recovery of Interest, penal interest and other charges o loan given to the petitioner /firm by the respondentbank as against the Injunctions of Islam, Holy Quran and Sunnah. Challenged the peoples Representative Act, 1976 Chapter 1 sub Clause (IV) 2
Returned. Office has been informed by his letter dated 29-6-1992 that the petition does not full fill the requirement mentioned in the FSC procedure Rules 7, 8, & 9 of 1981. The Court has informed the petitioner that you have not challenged any law or provision there of as repugnant to the Injunctions of Islam therefore if so diseur file a petition challenging any law or provision. But no petition has been file by the petitioner. Returned. Office has been informed by his letter dated 29-6-1992 that the petition does not full fill the requirement mentioned in the FSC procedure Rules 7, 8, & 9 of 1981. Dismissed in limine. The Court has no jurisdiction to grant an Injunction as provided under Article 203H (3) of the Constitution. Order dated: 29-4-1992.
831 .
832 .
Sh.P.No.9/K/1992 Masood Ahmed Ansari Vs Federation of Pakistan etc S.P.No.10/I/1992 Roshan Din Roshan Vs. The State
833 .
The petitioner has prayed through that the demand of Interest from the petitioner by the respondent Bank along with the arrears of interest which amounted to Rs. 176,944.50 as on 21.10.1986 may be declared as illegal, unlawful and not recoverable. Challenged Section 8 of Muslim Family Laws Ordinance, 1961 and Section 2 of the dissolution of Muslim Marriage Act, 1939. Provident Fund Act,1925
Dismissed in limine for want Appeal has not of jurisdiction. filed. Order dated; 4-10-1992.
834
Sh.P.No.10/L/1992 Abdul Ghafoor and
Challenged Section 8(2) of the Banking
Disposed of on 10.8.1992, as the said provisions alongwith the said Rules be brought in conformity with the Injunctions of Islam in the light of our observations made at para 21, by 31st December,1992. Dismissed in limine. The Court has already been
Appeal has filed. pending
176 other Vs The Manager ADPB Companies (Recovery of Loans) Ordinance, 1979. Sections 79 and 80 of the Negotiable Instruments Act, 1881. Sections 34, 34-A and 34-B of C.P.C. The Interest Act, 1839. These sections are regarding bank Interest. Challenged Representation of the Peoples Act, 1976. Electoral Act, 1974. Cr.Law (Second Amendment) Ordinance, 1991. Zakat and UShr Ordinance, 1980. Income-Tax, Sales Tax, Excise Duty, Custom etc. Provisions of Laws regarding Expenditure. Provisions of Laws regarding Population Welfare, Foreign Affairs, Defence and Administration of Justice. Section 28 of the Punjab Pre-emption Act,1991 declared these sections as repugnant to Injunction of Islam in PLD 1992 FSC-1. Order dated: 29-4-1992.
835 .
Sh.P.No.10/K/1992 Malik Muhammad Usman Vs The Government of Pakistan
Returned. Appeal has not The Petitioner has not filed. adopted proper procedure. Approved on note portion of the file dated 23-9-1992.
836 .
S.P.No.11/I/1992 Maulana Noor Ahmad Vs. Province of Punjab Sh.P.No.11/L/1992 Hasham Ali Awan Vs The ADPB
837 .
Petitioner has challenged a legal notice issued by the Bank for recovery of interest (Riba) amount form the petitioner. Prayed for declaration 1. Ground rent 2. Interest on ground rent 3. Non Utilization fee as Un-Islamic. C.D.A Land Disposal in Islamabad regulation 1985
838 .
Sh.P.No.11/K/1992 Mrs. Najma Khatoon Vs The Government of Sindh S.P.No.12/I/1992 Dr.Muhammad Aslam Khaki Vs. Federation of Pakistan and another Sh.P.No.12/L/1992 Din Muhammad and others
Dismissed in limine on 19.10.1992 on the ground that the grievance of the petitioner seems to be that the law does not determine the market value. Petition has been returned to petitioner. The Court has declared that he has not challenged any provision of law and the petition is not falls short of the requirement. Order dated: 4-10-1992. Dismissed. Not challenged any law to be repugnant to the Injunctions of Islam in the petition. Order dated; 19-12-1993.
839 .
Dismissed on 17.10.1993 as Appeal has not not pressed. filed.
840 .
This petition has been filed against 51 respondent No.2
Dismissed as withdrawn. Appeal has not On the request of petitioner filed. the petition is dismissed.
177 Vs Administrator Thal Development Authority and others The Government of Pakistan 841 . Sh.P.No.12/K/1992 Pakistan National Workers etc Vs The Government of Pakistan etc names of the rest respondents has struck of and the Court do not grant any relief against individual or any institution. Challenged Section 14 of Finance Act, 1990 and Government notification dated 17-1992 is not in consonance with the Islamic Injunctions. Rule 16(1) of Government Servants (Conduct) Rules,1964 Challenged Section 8(2) and 9 of Banking Companies Recovery of Loan Ordinance, 1979 against the Injunction of Islam and Holy Quran and Sunnah. Order dated: 7-10-1992
842 . 843 .
S.P.No.13/I/1992
Muhammad Ayub Khalid Vs. Federation of Pakistan
Dismissed. The Court has not found that Challenged Section 14 of Finance Act, 1990 and Government notification dated 1-7-1992 is in consonance with the Islamic Injunctions. Judgment dated; 6-5-2009. Dismissed in limine on 4.10.1992
Sh.P.No.13/L/1992 Muhammad Shoail Vs The ADPB.
Disposed of. Appeal has not In first prayer, the Court has filed. already been declared these sections as repugnant to Injunction of Islam in PLD 1992 FSC-1. In second prayer, the Court has no power to grant the Injection as provided under Article 203H (3) of the constitution of Pakistan, 1973. Order dated: 4-10-1992. Disposed of as withdrawn. Appeal has not The Court has already been filed. examined the same matter in Sh.P.No.4/I/1989. Order dated; 19-10-1992
844 .
Sh.P.No.13/K/1992 Pakistan National Workers etc Vs The Government of Pakistan
845 .
S.P.No.14/I/1992 Qazi Mazhar-ul-Haq Vs. Federation of Pakistan Sh.P.No.14/K/1992 Pakistan National Workers etc Vs The Government of Pakistan
Challenged Sub Clause 5 of the standing Order 15 of Industrial Commercial employees (Standing Orders) Ordinance 1968 and sub section 5 of section 15 of Road Transport workers Ordinance, 1961. (Relating the subsistence allowance paid to the worker during the period of his suspension). Land Acquisition Act,1894
846 .
Challenged section 14 of the Industrial Relation Ordinance, 1969. (Agricultural Worker has not been included which is against the Injunctions of Islam.
Dismissed on 3.5.1992, as having been infructuous, as the points urged in this petition have already been decided by this Court in S.S.M.No.14-P-1983,vide judgment dated 30.4.1992. Dismissed. The Said Ordinance has already been examined by this Court by decision as reported in PLJ 1984-FSC164 and nothing has been found against the Injunctions of Islam. Order dated; 12-11-1992.
178 847 . S.P.No.15/I/1992 Mian Mumtaz Rafee Vs. Federal Government of Pakistan Sh.P.No.15/K/1992 Syed Rehan Shahid Vs Federation of Pakistan S.P.No.16/I/1992 M/s Atif Flour Mills Vs. Federation of Pakistan Sec.25 of the Negotiable Instrument Act,1881 Dismissed 4.5.1992 on Appeal filed in the Honble Supreme Court of Pakistan, Disposed of 4.6.1998. Dismissed for non- Appeal has not prosecution. filed. Order dated 17-11-1998. Dismissed on 1-7-1992, as this court has already been decided that section 41 of the Ordinance, vide judgment delivered in S.P.no.119-I-1991 and S.P.No.23-I-1992 dt.23.6.1992. Dismissed.4.10.1992 The petitioner raises and issue of personal nature and not maintainable. Appeal has not filed. in limine
848 . 849 .
Section 5 of the Offences in respect of Banks (Special Courts) Ordinance, 1984(IX of 1984). Section 41 of the IDBP Ordinance,1961
850 .
Sh.P.No.16/L/1992 M/s Shahid Sewing Machine Vs The Government of Pakistan
851 .
S.P.No.17/I/1992 Ghulam Ahmad Awan Maibal Vs. Govt. of Pakistan
The petitioner has requested through petition that he had taken loan of an Rs.20, 000/- from the United Bank Limited and has repaid Rs.44, 000/- , more than the double. Still the Bank is claiming Rs. 80,000/- from him. Challenged Muslim Family Laws Ordinance,1961
852 .
Sh.P.No.17/L/1992 Muhammad Asghar Qureshi Vs National Bank of Pakistan etc.
Challenged Section 8(2) and 9 of Banking Companies Recovery of Loan Ordinance, 1979 against the Injunction of Islam and Holy Quran and Sunnah.
Dismissed on 3.5.1992 as not maintainable, as this Court has no jurisdiction to examine any provision of Family laws Ordinance as provided under Article 203B of the Constitution. Dismissed in limine. In first prayer, the Court has already been declared these sections as repugnant to Injunction of Islam in PLD 1992 FSC-1. In second prayer, the Court has no power to grand the Injection as provided under Article 203H (3) of the constitution of Pakistan, 1973. Order dated: 23.6.1992.
853 . 854 .
S.P.No.18/I/1992 Mumtaz Begum Vs. Federation of Pakistan Sh.P.No.18/L/1992 Noor Ahmed Vs Federal Government of Pakistan
Personal grievance
Dismissed in limine on Appeal has not 21.10.1992, being fund any filed. point worth consideration in the petition. Disposed of. Appeal has not The Court has already filed. declared the section 59(2) of the Co-operative Societies as injunction of Islam as laid down in the Holy Quran and Sunnah of the Holy Prophet in PLJ 1992 page 153. (Dr. Mehmood ur Rehman Faisal Vs Ministry of Law.
Challenged section 59(2) of the Cooperative Societies Act, 1925 of regarding loan.
179 Order dated: 4-10-1992. 855 . 856 . S.P.No.19/I/1992 Ghulam Haider Khan etc. Vs. Govt. of the Punjab Sh.P.No.19/L/1992 M/s Lucky Industries Vs Federation of Pakistan Punjab Tenancy (Act) (XVI) 1987 XXV 1925. Challenged Section 8(2) and 9 of Banking Companies Recovery of Loan Ordinance, 1979 against the Injunction of Islam and Holy Quran and Sunnah. Dismissed 23.1.2008,restore 6.7.2010. on Appeal has not on filed.
Disposed of. Appeal has not In first prayer, the Court has filed. already been declared these sections as repugnant to Injunction of Islam in PLD 1992 FSC-1. In second prayer, the Court has no power to grand the Injection as provided under Article 203H (3) of the constitution of Pakistan, 1973. Order dated: 4-10-1992. Dismissed in limine on 4.10.1992, without any merit. It has been held by the Court that the provision of law, as challenged before the court, falls within the ambit of procedural law. This court has no jurisdiction to examine such a law as barred under Article 203-B of the Constitution of Pakistan, 1973. Disposed of. In first prayer, the Court has already been declared these sections as repugnant to Injunction of Islam in PLD 1992 FSC-1. In second prayer, the Court has no power to grand the Injection as provided under Article 203H (3) of the constitution of Pakistan, 1973. Order dated: 4-10-1992. Dismissed 4.10.1992 jurisdiction in limine for want Appeal has not filed.
857 .
S.P.No.20/I/1992 Dr.Mehmood-urRehman Faisal Vs. Govt. of Pakistan
Sec.22 of Civil Servants Act (LXXI) of 1973 and Rules 4(1) (d) (ii) 5,7 and 8(1) of Civil Servants (Appeal) rules,1977
858 .
Sh.P.No.20/L/1992 Fazal-e-Razzaq Vs Federation of Pakistan
Challenged Section 8(2) and 9 of Banking Companies Recovery of Loan Ordinance, 1979 against the Injunction of Islam and Holy Quran and Sunnah.
859 . 860 .
S.P.No.21/I/1992 Dr.Mehmood-urRehman Faisal Vs. Govt. of Pakistan Sh.P.No.21/L/1992 Muhammad Yousaf Vs ADPB etc
Challenged Section 4(1) of the Service Tribunals Act (LXX) of 1973 Rule 17 of ADPB Rules 1961. Regarding Interest.
Disposed of. Appeal has not The Court has already been filed. declared the section Rule 17 of Agricultural Development bank of Pakistan as injunction of Islam by its judgment dated 14-11-1991 in case reported in PLJ 1992 page 153. (Dr. Mehmood ur Rehman Faisal Vs Ministry of Law, Justice and Parliamentary Affairs, Government of Pakistan. Order dated: 4-10-1992. Disposed of on 4.10.1992 as Appeal has not the said Ordinance has filed.
861
S.P.No.22/I/1992 Abdullah Sani
Challenged Copy Right Ordinance
180 Vs. Secretary Ministry of Law and Justice Islamabad L/W Rev.S.P.No.22/I/199 2 Sh.P.No.22/L/1992 Mrs. Khurshid Begum Vs HBFC etc L/W Sh.P.No.27/L/1992 XXXIC of 1962 already been examined by a Full Bench of this court vide judgment dated 7.7.1983
862 .
Challenged Sections 4(20, 21(2), 24(6) & (8) and 28(3) of the Hose Building Finance Corporation Act, XVIII of 1952. Regarding interest.
863 .
864 .
865 .
S.P.No.23/I/1992 Mian Fazal Ellahi Farooqi Vs. Federation of Pakistan S.P.No.24/I/1992 Mian Fazal Ellahi Farooqi Vs. Federation of Pakistan Sh.P.No.24/L/1992 Muhammad Azhar Javed Rana Vs UBL etc
Challenged Section 41 of IDBP Ordinance 1961
Disposed of. The Federal Shariat Court has already been examined the provisions of HBFC Act, 1952 which had not been taken in consideration in the judgment of this Court reported as PLD 1992 FSC 1. After that the Shariat Appellate Bench of the Supreme Court of Pakistan has been decided this petition in PLD 2000 SC 762. The grievance of petitioner stands redressed after the said amendment and substitution. Order dated: 18-9-2007. Dismissed on 23.6.1992 having found with any substance
Appeal has not filed in Supreme Court of Pakistan
Section 8 of the Banking Companies (Recovery of Loans) Ordinance, 1979 Challenged Section 8(2) and 9 of Banking Companies Recovery of Loan Ordinance, 1979 against the Injunction of Islam and Holy Quran and Sunnah.
Dismissed in limine on Appeal has not 23.6.1992 as having been filed. infructuous
Disposed of. Appeal has not In first prayer, the Court has filed. already been declared these sections as repugnant to Injunction of Islam in PLD 1992 FSC-1. In second prayer, the Court has no power to grand the Injection as provided under Article 203H (3) of the constitution of Pakistan, 1973. Order dated: 4-10-1992. Dismissed in limine on Appeal has not 23.6.1992 as having been filed. infructuous
866 .
867 .
S.P.No.25/I/1992 Mian Fazal Ellahi Farooqi Vs. Federation of Pakistan Sh.P.No.25/L/1992 Ghulam Abbas Vs Usman etc.
Order 37 Rule 2 (a) of CPC
Section 3 of Limitation Act, 1908 praying that the above Section of law as being repugnant to the Injunctions of Islam. Section 11 of the Contract Act, 1873
868 .
S.P.No.26/I/1992 Abdul Salam Vs.
Dismissed. Involve point has already discussed by us in Shariat petition No.16/L of 1991 Noor Muhammad and another Vs Usman and another. Order dated: 19-10-1992. Dismissed in liminie on 26.6.1992.
Appeal filed in the Honble Supreme Court of Pakistan and dismissed on dated 26-111990. Appeal has not filed.
181 Federation of Pakistan Sh.P.No.26/L/1992 Nawab Masroor Ali Khan Vs Government of Punjab
869 .
870 .
Sh.P.No.27/L/1992 Mst. Sharifan Bibi another Vs HBFC etc L/W Sh.P.No.22/L/1992
Challenged Section 18-A of Punjab Agricultural Development and Supplies Corporation 1973, added by Punjab Agricultural Development and Supplies Corporation (Amendment) Ordinance, 1975. (Regarding Interest). Challenged Sections 4(20, 21(2), 24(6) & (8) and 28(3) of the Hose Building Finance Corporation Act, XVIII of 1952. Regarding interest.
Dismissed. Appeal has not Due to personal grievance filed. and nonprecaution.24.5.1993
871 .
Sh.P.No.28/L/1992 Ch. Muhammad Din Vs The Government of Pakistan
Challenged section 4 of the Muslim Family Laws Ordinance, 1961. Share of grandson and granddaughter.
872 .
Sh.P.No.29/L/1992 M. Abaid ullah Vs The Federation of Pakistan.
Challenged Section 2(23), 2(29), 34, 36 of Sale Tax Act, 1990. Article 2-A and 4 of the Constitution of Pakistan as being repugnant to the Injunctions of Islam. The Petitioner has impugned the Martial Law Order No. 425 and 107 and laws and rules made these under on the ground that acquisition of the lands of the petitioners under the said laws by the N.W.F.P.
Disposed of. The Federal Shariat Court has already been examined the provisions of HBFC Act, 1952 which had not been taken in consideration in the judgment of this Court reported as PLD 1992 FSC 1. After that the Shariat Appellate Bench of the Supreme Court of Pakistan has been decided this petition in PLD 2000 SC 762. The grievance of petitioner stands redressed after the said amendment and substitution. Order dated: 18-9-2007. Dismissed in limine as not maintainable. As provided under Article 203-B(c) of the Constitution our jurisdiction to examine the Muslim Family Laws Ordinance, 1961 is specifically barred. Reliance is also placed in a case titled Federation Versus Farishta (PLD 1981 S.C-120). Order dated 18-10-1992. The Federal Shariat Court has already been held In Sh.P.No.11/L/1990 that the State is empowered to impose taxes on its subject to meet the financial requirement of the State on the basis of Maslaha. Order dated; 18-9-2007.
Appeal not filed in Supreme Court of Pakistan
Appeal has not filed
873 .
Sh.P.No.29/I/1992 Mst.Sakina Bibi etc. Vs The Government of Pakistan Linkedwith Sh.P.No.43/I/1992 Linkedwith
The appeals have been Appeal has not allowed on 7-5-2008.PLD filed 2008,FSC Page 17
182 Sh.P.No.64/I/1992 Linkedwith 874 . Sh.P.No.67/I/1992 Sh.P.No.30/I/1992 Faqir Hussain Hadi Vs The Government of Pakistan Government is repugnant to Holy Quran and Sunnah of the Holy Prophet (P.B.U.H.). Challenged Section 22 of Civil Servant Act, 1973. Notification No.1 (25) 91-SR-B/Admn dated 6th May, 1992 on the ground of its being repugnant to the Injunctions of Islam. Challenged Section 2(23), 2(29), 34, 36 of Sale Tax Act, 1990. Article 2-A and 4 of the Constitution of Pakistan.
875 .
Sh.P.No.30/L/1992 Javed Hussain Vs Federation of Pakistan
Dismissed. The Services Review Board which was abolished by Notification No.1 (25)91-SRB/Admn. I dated 6-5-1992 has been revived by the President by Notification No.1 (25)91-SR-B/Admn. I dated 25-4-1994. Hence the petition has become infructuous. Order dated; 7-5-1994. The Federal Shariat Court has already been held In Sh.P.No.11/L/1990 that the State is empowered to impose taxes on its subject to meet the financial requirement of the State on the basis of Maslaha. Order dated; 18-9-2007.
876 . 877 .
S.P.No.31/I/1992 Dr. M. Aslam Khaki Vs. Govt: of Pakistan and another Sh.P.no.31/L/1992 Mst. Hassan Bibi Vs The Government of Pakistan
Sections 21 & 34 of the Quaid-e-Azam University Act, 1980 Challenged Section 122 of Transfer of Property Act, 1882. Sec.122 Gift is the transfer of certain existing movable or immovable property made voluntarily and without consideration, by one person, called the donor, to another, called the done, and accepted by or on behalf of the done. Shariat Petition against National Bank of Pakistan. (Regarding Interest). Sections 23 & 41 of the University of Engr. & Tech. Lahore, Act 1974
Disposed of as withdrawn on Appeal has not 8.12.1997 filed.
Dismissed in limine. Appeal has not The Section 122 of Said Act, filed. has already been considered by the Full Bench of this Court through public notes and decided on 5 October, 1982 and as such no fresh petition under the said Act is maintainable. Order dated; 18-10-1992.
878 . 879 .
Sh.P.No.32/L/1992 Mst. Shaista Bashir etc Vs Federation of Pakistan & another S.P.No.32/I/1992 Dr. M. Aslam Khaki Vs. Govt: of the Punjab and another Linkedwith S.P.No.33/I/1992 Dr. M. Aslam Khaki Vs. Govt: of Punjab and another
Sections 43 & 25 of the Bahauddin Zikria University, Act 1975
Dismissed as withdrawn. Because the specific provision of law has not been mention in the petition. Order dated; 12-11-1992 Allowed on 16.12.2004. The Court has held that respondent No.1 is directed to suitable amend sections which have been challenged in this petition , so as to incorporate provisions therein that the Voice Chancellor would be debarred from participating in the meeting in the syndicate before which the appeal of an employee of the University challenged his
Filed in the Supreme Court,pending
183 Linkedwith S.P.No.34/I/1992 Dr. M. Aslam Khaki Vs. Govt: of Punjab and another Linkedwith S.P.No.40/I/1992 Dr. M. Aslam Khaki Vs. Govt: of NWFP and another Linkedwith S.P.No.41/I/1992 Dr. M. Aslam Khaki Vs. Govt: of NWFP and another Linkedwith S.P.No.42/I/1992 Dr. M. Aslam Khaki Vs. Govt: of NWFP and another Linkedwith S.P.No.49/I/1992 Dr. M. Aslam Khaki Vs. Govt: of Punjab and another Linkedwith S.P.No.50/I/1992 Dr. M. Aslam Khaki Vs. Govt; of Punjab and anothers Linkedwith S.P.No.51/I/1992 Dr. M. Aslam Khaki Vs. Govt. of NWFP and others Linkedwith Sh.P.No.39/L/1992 Abdul Rab warsi Vs The Government of Pakistan Sections 39 & 241 of the University of Peshawar, Act 1974 adverse Order passed qua him , is presented for adjudication .It has also been observed that necessary amendments shall be carried out within 6 months i.e. before the 15.6.2005, failing which the impugned provisions would cease to have legal effect , PLD 2005 FSC Page 3
Sections 24 & 42 of the University of the Agricultural Faisalabad, Act 1973
Sections 39 & 12 of the Gomel University, Act 1974
Sections253 & 14 of the NWFP University of Engg. & Tech. Peshawar Ord. 1980
Sections 35 & 14 of the NWFP University of Agricultural Ord. 1981
Sections 43 & 25 of the University of Punjab Lahore, Act 1973
Sections 42 & 24 of the Islamia University Bahawalpur, Act 1975
Challenged Section 22 of Civil Servant Act, 1973. Notification No.1 (25)91-SR-B/Admn dated 6th May, 1992 on the ground of its
184 being repugnant to the Injunctions of Islam. 880 . S.P.No.33/I/1992 Dr. M. Aslam Khaki Vs. Govt: of Punjab and another Linkedwith S.P.No.32/I/1992 Linkedwith S.P.No.34/I/1992 Linkedwith S.P.No.40/I/1992 Linkedwith S.P.No.41/I/1992 Linkedwith S.P.No.42/I/1992 Linkedwith S.P.No.49/I/1992 Linkedwith S.P.No.50/I/1992 Linkedwith S.P.No.51/I/1992 Linkedwith Sh.P.No.39/L/1992 881 . Sh.P.No.33/L/1992 Muhammad Nazeer Ahmed Vs Federation of Pakistan Sections 43 & 25 of the Bahauddin Zikria University, Act 1975 Allowed on 16.12.2004. The Court has held that respondent No.1 is directed to suitable amend sections which have been challenged in this petition , so as to incorporate provisions therein that the Voice Chancellor would be debarred from participating in the meeting in the syndicate before which the appeal of an employee of the University challenged his adverse Order passed qua him , is presented for adjudication .It has also been observed that necessary amendments shall be carried out within 6 months i.e. before the 15.6.2005, failing which the impugned provisions would cease to have legal effect PLD 2005 FSC Page 3 Article 2-A and 4 of Dismissed in limine. the Constitution of Because this Court has no Pakistan. jurisdiction to cover by The petition has provisions of Article 203-D of stated that if a the Constitution of the Muslim Woman can Islamic Republic of Pakistan. remove money from Order dated; 7-2-1993. the purse of her husband without his permission and she could also slap him whereas the husband could not do so. Sections 24 & 42 of the University of the Agricultural Faisalabad, Act 1973. Filed in the Supreme Court and pending
882 .
S.P.No.34/I/1992 Dr. M. Aslam Khaki Vs. Govt: of Punjab and another Linkedwith S.P.No.32/I/1992 Linkedwith S.P.No.33/I/1992 Linkedwith S.P.No.40/I/1992 Linkedwith S.P.No.41/I/1992 Linkedwith S.P.No.42/I/1992 Linkedwith S.P.No.49/I/1992 Linkedwith S.P.No.50/I/1992 Linkedwith S.P.No.51/I/1992 Linkedwith Sh.P.No.39/L/1992
Allowed on 16.12.2004. The Filed in the Court has held that Supreme respondent No.1 is directed Court pending. to suitable amend sections which have been challenged in this petition , so as to incorporate provisions therein that the Voice Chancellor would be debarred from participating in the meeting in the syndicate before which the appeal of an employee of the University challenged his adverse Order passed qua him , is presented for adjudication .It has also been observed that necessary amendments shall be carried out within 6 months i.e. before the 15.6.2005, failing which the impugned provisions would cease to have legal effect
185 PLD 2005 FSC Page 3 Dismissed. The application is based on personal grievance and the Court has no jurisdiction to grant any relief which is personal nature. Order dated; 30-11-1993 Dismissed as withdrawn on 18.12.1995 as the requisite amendment has been made in the Sindh Service Tribunal Act 1995,
883 .
Sh.P.No.35/L/1992 Muhammad Shafi Vs ADBP etc
Petition against the interest of law of ADPB.
884 .
885 .
886 .
887 .
888 .
S.P.No.35/I/1992 Dr.M.Aslam Khaki Vs Govt. of Sindh etc Linkedwith S.P.No.36/I/1992 Linkedwith S.P.No.37/I/1992 Linkedwith S.P.No.38/I/1992 Linkedwith S.P.No.39/I/1992 S.P.No.36/I/1992 Dr. M. Aslam Khaki Vs Govt. of Sindh and another Linkedwith S.P.No.35/I/1992 Linkedwith S.P.No.37/I/1992 Linkedwith S.P.No.38/I/1992 Linkedwith S.P.No.39/I/1992 S.P.No.37/I/1992 Dr.M.Aslam Khaki Vs Govt. of Sindh and another Linkedwith S.P.No.35/I/1992 Linkedwith S.P.No.36/I/1992 Linkedwith S.P.No.38/I/1992 Linkedwith S.P.No.39/I/1992 S.P.No.38/I/1992 Dr.M.Aslam Khaki Vs Govt. of Sindh and another Linkedwith S.P.No.35/I/1992 Linkedwith S.P.No.36/I/1992 Linkedwith S.P.No.37/I/1992 Linkedwith S.P.No.39/I/1992 Sh.P.No.38/L/1992 Muhammad Rasheed Rashid Vs The Government of Pakistan
Sections 22 & 40 of the University of Karachi Act 1972
Sections 36 & 15 of the Sindh Agriculture University Tandojam Act 1977
Dismissed as withdrawn on Appeal has not 18.12.1995 as the requisite filed. amendment has been made in the Sindh Service Tribunal Act 1995
Sections 36 & 15 of the NED University of Engg. and Tech. Karachi Act 1977
Sections 40 & 22 of the University of Sindh Jamsharo Act, 1972
Challenged Rules, 16, 17, 18, 18-A and 19 of the Revised Leave Rules 1980 (as amended up-todated issued by finance department of the federal Government are voilative of the injunctions of the Holy Quran and
Disposed of. Appeal has not The court has declared that filed. the Court say that Rules, 16, 17, 18, 18-A and 19 of the Revised Leave Rules 1980 are good and are not oppressive. They may be bad. Unjust or oppressive but the proper forum to assail them is not this Court aw they do not violate any Injunctions of Islam and
186 Sunnah. therefore they may be challenged before the competent authority, a service tribunal, a civil Court or even before High Court under this Jurisdiction. Judgment dated; 26-5-2009. PLJ 2009 FSC Page 291 Dismissed. Appeal has not The Services Review Board filed. which was abolished by Notification No.1 (25)91-SRB/Admn. I dated 6-5-1992 has been revived by the President by Notification No.1 (25)91-SR-B/Admn. I dated 25-4-1994. Hence the petition has become infructuous. Order dated; 7-5-1994. Dismissed as withdrawn on Appeal has not 18.12.1995 as the requisite filed. amendment has been made in the Sindh Service Tribunal Act 1995
889 .
Sh.P.No.39/L/1992 Abdul Rab warsi Vs The Government of Pakistan
Challenged Section 22 of Civil Servant Act, 1973. Notification No.1 (25)91-SR-B/Admn dated 6th May, 1992 on the ground of its being repugnant to the Injunctions of Islam.
890 .
891 .
S.P.No.39/I/1992 Dr. M. Aslam Khaki Vs Govt. of Sindh and an another Linkedwith S.P.No.35/I/1992 Linkedwith S.P.No.36/I/1992 Linkedwith S.P.No.37/I/1992 Linkedwith S.P.No.39/I/1992 S.P.No.40/I/1992 Dr. M. Aslam Khaki Vs. Govt: of NWFP and another Linkedwith S.P.No.32/I/1992 Linkedwith S.P.No.33/I/1992 Linkedwith S.P.No.34/I/1992 Linkedwith S.P.No.41/I/1992 Linkedwith S.P.No.42/I/1992 Linkedwith S.P.No.49/I/1992 Linkedwith S.P.No.50/I/1992 Linkedwith S.P.No.51/I/1992 Linkedwith Sh.P.No.39/L/1992 S.P.No.41/I/1992 Dr. M. Aslam Khaki Vs. Govt: of NWFP and another Linkedwith S.P.No.32/I/1992 Linkedwith S.P.No.33/I/1992
Section36 & 15 of the Mehran University of Engg. & The. Nawabshah Act, 1977
Sections 39 & 12 of the Gomel University, Act 1974
892 .
Allowed on 16.12.2004. The Court has held that respondent No.1 is directed to suitable amend sections which have been challenged in this petition , so as to incorporate provisions therein that the Voice Chancellor would be debarred from participating in the meeting in the syndicate before which the appeal of an employee of the University challenged his adverse Order passed qua him , is presented for adjudication .It has also been observed that necessary amendments shall be carried out within 6 months i.e. before the 15.6.2005, failing which the impugned provisions would cease to have legal effect PLD 2005 FSC Page 3 Sections253 & 14 of Allowed on 16.12.2004. The the NWFP University Court has held that of Engg. & Tech. respondent No.1 is directed Peshawar Ord. 1980 to suitable amend sections which have been challenged in this petition , so as to incorporate provisions therein that the Voice Chancellor would be
Filed in the Supreme Court Pending
Filed in the Supreme Court Pending
187 Linkedwith S.P.No.34/I/1992 Linkedwith S.P.No.40/I/1992 Linkedwith S.P.No.42/I/1992 Linkedwith S.P.No.49/I/1992 Linkedwith S.P.No.50/I/1992 Linkedwith S.P.No.51/I/1992 Linkedwith Sh.P.No.39/L/1992 893 . S.P.No.42/I/1992 Dr. M. Aslam Khaki Vs. Govt: of NWFP and another Linkedwith S.P.No.32/I/1992 Linkedwith S.P.No.33/I/1992 Linkedwith S.P.No.34/I/1992 Linkedwith S.P.No.40/I/1992 Linkedwith S.P.No.41/I/1992 Linkedwith S.P.No.49-I-1992 Linkedwith S.P.No.50/I/1992 Linkedwith S.P.No.51/I/1992 Linkedwith Sh.P.No.39/L/1992 Sh.P.No.41/L/1992 M/s. Safdar Cotton Ginners Vs Federation of Pakistan debarred from participating in the meeting in the syndicate before which the appeal of an employee of the University challenged his adverse Order passed qua him , is presented for adjudication .It has also been observed that necessary amendments shall be carried out within 6 months i.e. before the 15.6.2005, failing which the impugned provisions would cease to have legal effect PLD 2005 FSC Page 3 Sections 35 & 14 of Allowed on 16.12.2004. The Filed in the the NWFP University Court has held that Supreme of Agricultural Ord. respondent No.1 is directed Court Pending 1981 to suitable amend sections which have been challenged in this petition , so as to in corporate provisions therein that the Voice Chancellor would be debarred from participating in the meeting in the syndicate before which the appeal of an employee of the University challenged his adverse Order passed qua him , is presented for adjudication .It has also been observed that necessary amendments shall be carried out within 6 months i.e. before the 15.6.2005, failing which the impugned provisions would cease to have legal effect PLD 2005 FSC Page 3 Section 25(12) B of National Bank of Pakistan, Ordinance 1949 and that of Banking Tribunal Act 1984. (Relating Interest/Markup/ Liquidated Charges). Provision of Subsection (b) and (c) and proviso to the extent of transaction past and closed of Section 2-A of Muslim Personal Law Shariat Application Act, 1948 are against Injunctions of Islam. Challenged section 4 of the Muslim Family Laws Ordinance, 1961. Dismissed. Appeal has not The Court has already been filed. adjudicated upon in our judgment reported in PLD 1992 FSC 1 which is under appeal before Shariat Appellate Bench of supreme Court of Pakistan. Order dated; 3-12-1995. Dismissed in limine. Appeal has not The Court has no jurisdiction filed. to examine the Provisions Muslim Personal law. Order dated; 7-2-1993.
894 .
895 .
Sh.P.No.42/L/1992 Ghulam Haider Vs Province of Punjab
896 .
Sh.P.No.43/L/1992 Hussain Baksh Vs The Government of
Dismissed in limine as not Appeal has not maintainable. As provided filed. under Article 203-B(c) of the Constitution our jurisdiction
188 Pakistan Share of grandson and granddaughter. to examine the Muslim Family Lawss Ordinance, 1961 is specifically barred. Reliance is also placed in a case titled Federation Versus Farishta (PLD 1981 S.C-120) Order dated; 7-2-1993. Dismissed as withdrawn on Appeal has not 6.6.2000, as the matter has filed. been settled between the parties. Disposed of on 4.10.1992, as this court has already given its decision on 14.11.1991 whereby the said provisions of law have been declared as repugnant to the Injunctions of Islam (PLJ 1992 153) Disposed of on 4.10.1992, as this court has already given its decision on 14.11.1991 whereby the said provisions of law have been declared as repugnant to the Injunctions of Islam (PLJ1992 153) Withdrawn on 24.5.1993 to file a fresh petition. Appeal has not filed.
897 .
S.P.No.44/I/1992 Hamad Ullah Khan Vs. Govt. of Pakistan
898 .
S.P.No.45/I/1992 Rana Abdul Qadir and another Vs. Govt. of Pakistan S.P.No.46/I/1992 Rana Abdul Qadir Vs. Small Business Finance Corporation S.P.No.47/I/1992 Muhammad Iqbal Khan Nazi Vs. Federation of Pakistan
Presidents Order No.3 of 1982 Foreign Currency Loans (Rate of Exchange) Ord.1982 Sections 79 & 80 of the Negotiable Instruments Act 1881
899 .
Sections 34-A and 34B of the Civil Procedure Code, 1908.
900 .
901 .
902 .
S.P.No.48/I/1992 Dr.M.Aslam Khaki Vs. Federation of Pakistan and another S.P.No.49/I/1992 Dr. M. Aslam Khaki Vs. Govt: of Punjab and another Linkedwith S.P.No.32/I/1992 Linkedwith S.P.No.33/I/1992 Linkedwith S.P.No.34/I/1992 Linkedwith S.P.No.40/I/1992 Linkedwith S.P.No.41/I/1992 Linkedwith S.P.No.42/I/1992 Linkedwith S.P.No.50/I/1992 Linkedwith S.P.No.51/I/1992 Linkedwith Sh.P.No.39/L/1992
Rules 4(1) (2)(a)(b) (c), Rule 3 and Rule 8 (5) issued by the Federal Public Service Commission may be declared as repugnant to the Injunctions of Quran and Sunnah Sections 38 & 19 of the International Islamic University Ordinance, 1985 Sections 43 & 25 of the University of Punjab Lahore, Act 1973
Allowed on 16.12.2004. The Filed in the Court has held that Supreme respondent No.1 is directed Court to suitable amend sections which have been challenged in this petition , so as to incorporate provisions therein that the Voice Chancellor would be debarred from participating in the meeting in the syndicate before which the appeal of an employee of the University challenged his adverse Order passed qua him , is presented for adjudication .It has also been observed that necessary amendments shall be carried out within 6 months i.e. before the 15.6.2005, failing which the impugned provisions would cease to have legal effect PLD 2005 FSC Page 3
189 903 . S.P.No.50/I/1992 Dr. M. Aslam Khaki Vs. Govt; of Punjab and anothers Linkedwith S.P.No.32/I/1992 Linkedwith S.P.No.33-I-1992 Linkedwith S.P.No.34/I/1992 Linkedwith S.P.No.40/I/1992 Linkedwith S.P.No.41/I/1992 Linkedwith S.P.No.42/I/1992 Linkedwith S.P.No.49/I/1992 Linkedwith S.P.No.51/I/1992 Linkedwith Sh.P.No.39/L/1992 S.P.No.51/I/1992 Dr. M. Aslam Khaki Vs. Govt. of NWFP and others Linkedwith S.P.No.32/I/1992 Linkedwith S.P.No.33/I/1992 Linkedwith S.P.No.34/I/1992 Linkedwith S.P.No.40/I/1992 Linkedwith S.P.No.41/I/1992 Linkedwith S.P.No.42/I/1992 Linkedwith S.P.No.49/I/1992 Linkedwith S.P.No.50/I/1992 Linkedwith Sh.P.No.39/L/1992 Sections 42 & 24 of the Islamia University Bahawalpur, Act 1975 Allowed on 16.12.2004. The Court has held that respondent No.1 is directed to suitable amend sections which have been challenged in this petition , so as to incorporate provisions therein that the Voice Chancellor would be debarred from participating in the meeting in the syndicate before which the appeal of an employee of the University challenged his adverse Order passed qua him , is presented for adjudication .It has also been observed that necessary amendments shall be carried out within 6 months i.e. before the 15.6.2005, failing which the impugned provisions would cease to have legal effect PLD 2005 FSC Page 3 Allowed on 16.12.2004. The Court has held that respondent No.1 is directed to suitable amend sections which have been challenged in this petition , so as to incorporate provisions therein that the Voice Chancellor would be debarred from participating in the meeting in the syndicate before which the appeal of an employee of the University challenged his adverse Order passed qua him , is presented for adjudication .It has also been observed that necessary amendments shall be carried out within 6 months i.e. before the 15.6.2005, failing which the impugned provisions would cease to have legal effect . PLD 2005 FSC Page 3 Dismissed in limine on 4.10.1992. The matter relating to legitimacy of children and presumption attached to it under Islamic Law falls within the domain of Muslim personal Law and as such is out side the ambit of this court Dismissed in limine on 24.5.1993 being misconceived and without merit. Filed in the Supreme Court
904 .
Sections 39 & 241 of the University of Peshawar, Act 1974
Filed in the Supreme Court
905 .
S.P.No.53/I/1992 Mst.Raj Bibi etc. Vs. The Federation of Pakistan
Personal grievance
906 . 907 .
S.P.No.54/I/1992 Mahroze etc Vs. Govt. of NWFP and anothers S.P.No.55/I/1992 Mst. Hameed Begum Vs.
Paragraph No.650 of Rewaj-nama Swat Section 8(2) , (9) of the Banking Companies
Dismissed inlimine on Appeal has not 19.10.1992 as this court has filed. already examined the said
190 ADBP etc 908 . S.P.No.56/I/1992 Ghulam Murtaza Vs. ADBP etc (Recovery of Loans) Ord: XIX 1979 Section 8(2) of the Banking Companies (Recovery of Loans) Ord: 1979 Section 4 of Muslim Family Laws Order, 1961 Section 10 of the Patent and Design Act, 1911 Rules 307,314 of Chapter 13 entitled Women prisoners and Children, Rules 935,939 of Chapter 39 entitled, Superintendent, Rules 1002 of Chapter 41 entitled Deputy Superintendent, Rules 1180, 1181 of Chapter 46 entitled lady Superintendents and Women Warders, Rules 1004 of Chapter 41 entitled Deputy Superintendent. provision of law vide judgment reported in PLJ 1992 FSC 153 Dismissed inlimine on 19.10.1992 as this court has already examined the said provision of law vide judgment reported in PLJ 1992 FSC 153 Dismissed inlimine on 19.10.1992 being misconceived for want of jurisdiction
909 . 910 . 911 .
S.P.No.57/I/1992 Rehmat Khan Vs. Federation of Pakistan etc S.P.No.60/I/1992 Muhammad Tayyab Vs. Federation of Pakistan S.P.No.61/I/1992 Along with Shariat misc. Application No.10/I/1998 Dr.Muhammad Aslam Khaki Vs. Federation of Pakistan etc. L/W S.P.No.62/I/1992 A.W Sh.Misc.Appl1-I1998 Dr.Muhammad Aslam Khaki Vs. Federation of Pakistan L/W S.P.No.12/I/1999 L/w S.P.No.4/I./2004 S.P.No.62/I/1992 A.W Sh.Misc.Appl1-I1998 Dr.Muhammad Aslam Khaki Vs. Federation of Pakistan
Disposed of on 30.11.2000 Appeal has not having been found without filed. substance and misconceived Dismissed on 28.8.2009. The Appeal has not ground realities show that filed. the appreciations are not genuine. PLD 2010 FSC Page 1
912 .
Rules 225, 242, 243, 244, 45,248,249 of Chapter 9 entitled. The Classification and Separation of Prisoners. Rules 250,252,253,254,25 5,256,257,261,262, 263,264,266,267 of Chapter 10 entitled Superior Class Prisoners, Rules 180, 181, Chapter 7 entitled: General Rules Relating to Prison Officers. Section 30(2) Prisons Act, 1894 and Rules 624(f), 633 of Chapter 25 entitled: Prisoners in cells.
Dismissed on 28.8.2009. No Appeal has not injunction of Islam was filed. shown to have been violated if a prisoner on transfer instead of travelling free in the lower class opts to travel in a batter class by paying the difference in the fare from his own pocket. PLD 2010 FSC Page 1
191 913 . S.P.No.63/I/1992 Rani Ambreen Vs. Chief Minister of Sindh S.P.No.65/I/1992 Dr.Mehmood ur Rehman Faisal Vs. Govt of Pakistan Sh.P.No.5/I/1989 Linked with Raja Abdul Razzaq Vs The Government of Pakistan Linked with Sh.P.No.26/I/1988 Linked with Sh.P.No.4/K/1988 Linked with Sh.P.No.3/L/1989 Linked with Sh.P.No.12/I/1990 S.P.No.66/I/1992 Shujaat Ali Baghdadi Vs. Wapda through its Chairman Reserved seats of Chief Minister of Sindh for admission in Medical College of Sindh Polictial parties act 1962 with political rules 1986. Dismissed on 19.12.1993 being incompetent. However, in the petition the petitioner have shown her personal grievance which cannot be agitated The Court has declared that the Political parties Act, 1962 has been repealed and has been replaced by the Political order, 2002 (Chief Executive Order No.18 of 2002). In view of what is stated above, the above named petition and all the connected petitions have become infructuous and disposed of accordingly. Dated: 20.05.2008 Appeal has not filed.
914 .
915 .
Section 17(1A) of Wapda Act 1958
Allowed on 17.1.1994 to the Appeal has not extent that the removal of filed. employees under section 17(1a) OF Wapda Act 1958, without giving any show cause notice to the employees is declared to be against the Injunctions of Islam. Necessary amendments to be made in law within4 months.
1993
S. No. Shariat Petition No. & Party Names Law Challenged Appeal filed in the Hon.Suprem e Court of Pakistan or not with Status Dismissed on 25.5.1993 Appeal has not having barred by time. filed. FSC Decision
916 .
Rev. S.P.No.01 I/1993 Dr. Mehmood-urRehman Faisal Vs. Govt. of Pakistan
917 .
S.P.No.01/I/1993 Mst. Sardaran etc. Vs. Govt. of NWFP
Review against the judgment dated 1.9.1983 in SS. No.240/83 challenging Section 5(1) of the Extradition Act, 1972 (regarding apply in relation to return of a person to, and to persons return from) being repugnant to injunctions of Islam Provincially Administrated Tribal Areas, Civil Procedure (Special Provisions) Regulation No.11 of 1975 challenged being repugnant to injunctions of Islam
Dismissed in limine being Appeal not incompetent on 25.5.1993 filed as the Court is not competent to examine procedural or regulation.
192
918 .
Sh.P.No.1/L/1993 Muhammad Sharif Vs. Federation of Pakistan Linked With Sh.P.No.1/P/1996 Linked With Sh.P.No.61/I/1991 S.P.No.2 /L/1993 Din Muhammad & others Vs. Administrator Thar Development Authority
919 .
Section 49 of Punjab Land Revenue Act Mining Concession Rules 1986, Rules 32 of Punjab Minor Minerals Rules, 1990 challenged being repugnant to injunctions of Islam. Section 48 of Transfer of Property Act, 1882 challenged being repugnant to injunctions of Islam.
Dismissed on merit as Appeal not observed by Honble Court field that petitioner has come out with his personal grievance & therefore his petition does not fall within the ambit of section vide court order dated 23.1.2008. Petition was dismissed vide Court order dated 26.5.1993 with observation that Honble Court has already considered points involved in this petition and found that the same were not repugnant to the injunctions of Islam vide Court judgment dated 5.10.1982 Dismissed being time-barred on 26.5.1993. Appeal not filed
920 .
S.P.No.02/I/1993 Dr. Mehmood-urRehman Faisal Vs. Govt. of Pakistan etc.
921 .
S.P.No.03I/1993 Haji Abdul Wahab Khan Vs. Islamic Republic of Pakistan
922 .
S.P.No.03/L/1993 Rubina Shehzadi Vs. Managing Direct PIAC etc. S.P.No.04/I/1993 Col. Retd Muhammad Akram Vs. Fed: of Pakistan Linked with S.P.No.44/I/1993
923 .
challenged judgment dated 12.10.1983 passed in Islamisation of law public notice No.6(1983) regarding of Court Act, 1976 being repugnant to injunctions of Islam Article 10 & 120 of the 1st Schedule of Limitation Act, 1908 regarding section 31 of NWFP Pre emption Act, 1987 challenged being repugnant to injunctions of Islam Administrator Order No.59 of 1982 issued by PIA challenged being repugnant to injunctions of Islam Sections 133 (A) (b) of Pakistan Army Act, 1952 regarding adjudication by Martial Law Courts challenged being repugnant to injunctions of Islam
Appeal not filed
Dismissed in limine on Appeal not 25.5.1993 as the Court has filed already ordered for amendment in the law of Province of NWFP.
Disposed of as withdrawn Appeal not 23.11.1994 filed
Allowed on 2.9.2008 with observation that non supply of copy of judgment, deposition & other record of the case to the convict person would tantamount to denial of justice to him as he will not be in position to furnish ground to assail his conviction as right of appeal is substantive right, the denial of copy of judgment and of hearing in appeal would amount to denial of substantive right resulting ito justice on touchstone of the Quran and Sunnah of the Holy Prophet (P.B.U.H) SD 2009 Page 321 ,PLJ 2010 FSC Page 291
Appeal in filed in Supreme Court of Pakistan Pending
193 924 . S.P.No.04/L/1993 Muhammad Nawaz Vs. Govt. of Pakistan Section 54 of Cooperative Housing Societies Act, 1925challenged being repugnant to injunctions of Islam Challenged Article 6(2) of the Electoral Roll Act, 1974. Disposed of as withdrawn Appeal has not 26.05.1994 filed.
925 .
926 .
Sh.P.No.4/K/1993 Malik Muhammad Usman Vs The Government of Pakistan S.P.No.05/I/1993 Dr. Mehmood-urRehman Faisal Vs. Govt. of Pakistan S.P.No.05/L/1993 Saleem Raza Vs. ADBP etc.
Dismissed because the Court Appeal has not has no jurisdiction to here filed. this petition. Order dated; 22-7-1993 Dismissed in limine on Appeal not 25.5.1993 being not filed maintainable as this Court is not competent to examine the treaties and agreements. Petition returned on Appeal not 8.7./1993 being not with the filed consonance of F.S.C Rules, 1981
927 .
928 .
929 .
S.P.No.06/I/1993 Muhammad Ismail Vs. Province NWFP L/W S.P No.07-I/1993 L/W S.P No.08-I/1993 L/W S.P No.09-I/1993 L/W S.P No.10-I/1993 L/W S.P No.11-I/1993 L/W S.P No.12-I/1993 L/W S.P No.13-I/1993 L/W S.P No.15-I/1993 L/W S.P No.16-I/1993 L/W S.P No.17-I/1993 L/W S.P No.18-I/1993 L/W S.P No.21-I/1993 L/W S.P No.22-I/1993 L/W S.P No.23-I/1993 L/W S.P No.24-I/1993 S.P.No.06/L/1993 Haji Muhammad Amin Vs. Secretary Law & Justice etc. L/W S.P.No.08/L/1993 L/W S.P.No.36/L/1992
Articles 1,14 &18 of Extradition Treaty dated 22.12.1931 challenged being repugnant to injunctions of Islam Banking Companies Rules, 1980 regarding demanding of interest challenged being repugnant to injunctions of Islam. Section 4(15), 567 & 11 of Punjab Tenancy Act, 1987, Hazara Tenancy Regulation, 1987, NWFP Tenancy (Fixation of Compensation to the Landlords) Rule, 1981, section 4 & 4(a) of NWFP Tenancy Act, 1992, NWFP Abolition of Jagirs Act, 1952 challenged being repugnant to injunctions of Islam
Petition was dismissed linked with other petitions on 06.7.1998 as the petitioner as unable to quote any Quranic verse or traditions of Holy Prophet (PBUH) to show that enactment of section 4 is against the injunctions of Islam.
The Appeal has been filed and has been dismissed for non prosecution on 18-10-2004
Section 5 of Bonded Labour System (Abolition) Act, 1992 challenged being repugnant to injunctions of Islam.
Dismissed being not maintainable as well as on merit vide judgment dated 10.10.2005. The Honble Court held that impugned definitions in sections 2, Bonded Labour System (Abolition) Act, 1992 ie.
Appeal filed in the Honble Supreme Court of Pakistan and pending.
194 L/W S.P.No.37/L/1992 L/W S.P.No.58/I/1992 L/W S.P.No.10/L/1993 L/W S.P.No.07/L/1993 L/W S.P.No.09/L/1993 Advance (Peshgi) Bonded Debt, Bonded Labour, Bonded Labourer and bonded labour system were not violate of Islamic injunctions on the subject likewise sections 5,6,7,8 & 11 of the Act were not repugnant to the injunctions of Islam as said provisions have been incorporated therein with the object of abolition of bonded labour in all its forums and manifestations. Honble Court has observed that the object for which the Labour System (Abolition) Act, 1992 was passed could not be achieved so far. In Islam a workman is not entitled to anything until his work be finished. Forced labour is repugnant to Islam in extreme vide PLD 2006 FSC 1 The judgment on the same subject matter was passed in linked S.P No.06-I/1993 on 6.7.1998
930 .
S.P.No.07/I/1993 Muhammad Yakoob Vs. Province of NWFP
931 .
S.P.No.07/L/1993 Mian Muhammad Akram Vs. Secretary Law & Justice etc.
Section 4(15), 567 & 11 of Punjab Tenancy Act, 1987, Hazara Tenancy Regulation, 1987, NWFP Tenancy (Fixation of Compensation to the Landlords) Rule, 1981, section 4 & 4(a) of NWFP Tenancy Act, 1992, NWFP Abolition of Jagirs Act, 1952 challenged being repugnant to injunctions of Islam Section 5 of Bonded Labour System (Abolition) Act, 1992 challenged being repugnant to injunctions of Islam
Dismissed being not maintainable as well as on merit vide judgment dated 10.10.2005. The Honble Court held that impugned definitions in sections 2, Bonded Labour System (Abolition) Act, 1992 ie. Advance (Peshgi) Bonded Debt, Bonded Labour, Bonded Labourer and bonded labour system were not violate of Islamic injunctions on the subject likewise sections 5,6,7,8 & 11 of the Act were not repugnant to the injunctions of Islam as said provisions have been incorporated therein with the object of abolition of bonded labor in all its forums and manifestations. Honble Court has observed that the object for which the Labour
Appeal filed in the Honble Supreme Court of Pakistan
195 System (Abolition) Act, 1992 was passed could not be achieved so far. In Islam a workman is not entitled to anything until his work be finished. Forced labour is repugnant to Islam in extreme vide PLD 2006 FSC 1 The judgment on the same subject matter was passed in linked S.P No.06-I/1993 on 6.7.1998
932 .
S.P.No.08/I/1993 Qari Abdul Hameed Vs. Province of NWFP
933 .
S.P.No.08/L/1993 Syed Shabbir Hussain & others Vs. Govt. of Pakistan etc.
Section 4(15), 567 & 11 of Punjab Tenancy Act, 1987, Hazara Tenancy Regulation, 1987, NWFP Tenancy (Fixation of Compensation to the Landlords) Rule, 1981, section 4 & 4(a) of NWFP Tenancy Act, 1992, NWFP Abolition of Jagirs Act, 1952 challenged being repugnant to injunctions of Islam Section 2(b)(c)(c)(d) (e) of Bonded Labour System (Abolition) Act, 1992 challenged being repugnant to injunctions of Islam
934 .
Challenged Clause 2(iv) of Representation of the People Act, 1936.
Dismissed being not maintainable as well as on merit vide judgment dated 10.10.2005. The Honble Court held that impugned definitions in sections 2, Bonded Labour System (Abolition) Act, 1992 ie. Advance (Peshgi) Bonded Debt, Bonded Labour, Bonded Labourer and bonded labour system were not violate of Islamic injunctions on the subject likewise sections 5,6,7,8 & 11 of the Act were not repugnant to the injunctions of Islam as said provisions have been incorporated therein with the object of abolition of bonded labour in all its forums and manifestations. Honble Court has observed that the object for which the Labour System (Abolition) Act, 1992 was passed could not be achieved so far. In Islam a workman is not entitled to anything until his work be finished. Forced labour is repugnant to Islam in extreme vide PLD 2006 FSC 1 Dismissed. The Court has already been discussed this Point vide this Court Judgments dated 1-91983 in Sh.P.No.41/L/79 B-ZKaikaus Vs Federal Government of Pakistan and 13/L/88 Muhammad
Appeal filed in the Honble Supreme Court of Pakistan
196 Salahuddin Vs Government of Pakistan and the Court has not found the point against the Injunctions of Islam. Order dated; 22-7-1993. The judgment on the same subject matter was passed in linked S.P No.06-I/1993 on 6.7.1998
935 .
S.P.No.09/I/1993 Muhammad Jan Vs. Province of NWFP etc.
936 .
S.P.No.09/L/1993 Gulfraz Ahmed Vs. Govt. of Pakistan etc.
Section 4(15), 567 & 11 of Punjab Tenancy Act, 1987, Hazara Tenancy Regulation, 1987, NWFP Tenancy (Fixation of Compensation to the Landlords) Rule, 1981, section 4 & 4(a) of NWFP Tenancy Act, 1992, NWFP Abolition of Jagirs Act, 1952 challenged being repugnant to injunctions of Islam Section 11 of Bonded Labour System (Abolition) Act, 1992 challenged being repugnant to injunctions of Islam
937 .
Challenged Clause 45, Chapter 9 of Representation of the People Act, 1976.
Dismissed being not maintainable as well as on merit vide judgment dated 10.10.2005. The Honble Court held that impugned definitions in sections 2, Bonded Labour System (Abolition) Act, 1992 ie. Advance (Peshgi) Bonded Debt, Bonded Labour, Bonded Labourer and bonded labour system were not violate of Islamic injunctions on the subject likewise sections 5,6,7,8 & 11 of the Act were not repugnant to the injunctions of Islam as said provisions have been incorporated therein with the object of abolition of bonded labour in all its forums and manifestations. Honble Court has observed that the object for which the Labour System (Abolition) Act, 1992 was passed could not be achieved so far. In Islam a workman is not entitled to anything until his work be finished. Forced labour is repugnant to Islam in extreme vide PLD 2006 FSC 1 Dismissed. The Court has already been discussed this Point vide this Court Judgments dated 1-91983 in Sh.P.No.41/L/79 B-ZKaikaus Vs Federal Government of Pakistan and 13/L/88 Muhammad Salahuddin Vs Government of Pakistan and the Court has not found the point
197 against the Injunctions of Islam. Order dated; 22-7-1993. The judgment on the same subject matter was passed in linked S.P No.06-I/1993 on 6.7.1998
938 .
S.P.No.10/I/1993 Sardar Mawali Vs. Province of Punjab etc. S.P.No.10/L/1993 Haji Muhammad Aslam etc. Vs. Secretary Law & Justice etc.
939 .
Different provisions of law relating to occupancy, tenants and Landlord in NWFP challenged being repugnant to injunctions of Islam Section 8 of Bonded Labour System (Abolition) Act, 1992 challenged being repugnant to injunctions of Islam
940 .
Challenged Clause 47, Chapter (V-A) of Representation of the People Act, 1976.
941 .
S.P.No.11/I/1993 Ibrahim Vs. Province of Punjab
Section 4(15), 567 & 11 of Punjab Tenancy Act, 1987, Hazara Tenancy Regulation, 1987, NWFP Tenancy (Fixation of Compensation to the Landlords) Rule, 1981, section 4 & 4(a) of NWFP
Dismissed being not maintainable as well as on merit vide judgment dated 10.10.2005. The Honble Court held that impugned definitions in sections 2, Bonded Labour System (Abolition) Act, 1992 ie. Advance (Peshgi) Bonded Debt, Bonded Labour, Bonded Laborer and bonded labour system were not violate of Islamic injunctions on the subject likewise sections 5,6,7,8 & 11 of the Act were not repugnant to the injunctions of Islam as said provisions have been incorporated therein with the object of abolition of bonded labour in all its forums and manifestations. Honble Court has observed that the object for which the Labour System (Abolition) Act, 1992 was passed could not be achieved so far. In Islam a workman is not entitled to any thing until his work be finished. Forced labour is repugnant to Islam in extreme vide PLD 2006 FSC 1 Dismissed. The Court has already been discussed this Point vide this Court Judgments dated 1-91983 in Sh.P.No.41/L/79 B-ZKaikaus Vs Federal Government of Pakistan and 13/L/88 Muhammad Salahuddin Vs Government of Pakistan and the Court has not found the point against the Injunctions of Islam. Order dated; 22-7-1993. The judgment on the same subject matter was passed in linked S.P No.06-I/1993 on 6.7.1998
The Appeal has been filed and has been dismissed for non prosecution on 18-10-2004 Appeal filed in the Honble Supreme Court of Pakistan
198 Tenancy Act, 1992, NWFP Abolition of Jagirs Act, 1952 challenged being repugnant to injunctions of Islam Section 50(a) of Cooperative Societies Act, 1925 challenged being repugnant to injunctions of Islam. Section 4(15), 567 & 11 of Punjab Tenancy Act, 1987, Hazara Tenancy Regulation, 1987, NWFP Tenancy (Fixation of Compensation to the Landlords) Rule, 1981, section 4 & 4(a) of NWFP Tenancy Act, 1992, NWFP Abolition of Jagirs Act, 1952 challenged being repugnant to injunctions of Islam Personal grievance regarding elimination of Riba challenged being repugnant to injunctions of Islam Challenged Pakistan Army Act, 1952 and defence of Pakistan Ordinance, 1971. Section 4(15), 567 & 11 of Punjab Tenancy Act, 1987, Hazara Tenancy Regulation, 1987, NWFP Tenancy (Fixation of Compensation to the Landlords) Rule, 1981, section 4 & 4(a) of NWFP Tenancy Act, 1992, NWFP Abolition of Jagirs Act, 1952 challenged being repugnant to injunctions of Islam Challenged Income Tax Ordinance, 1979.
942 .
Sh.P.No.11/L/1993 Muhammad Boota Vs. Govt. of Punjab etc.
943 .
S.P.No.12/I/1993 Khan Wali Vs. Province of NWFP
The petition was dismissed being misconceived vide order dated 30.11.1993 as the provision of law challenged, had already been dealt with by this Court in PLD 1992 FSC 1. The judgment on the same subject matter was passed in linked S.P No.06-I/1993 on 6.7.1998
Appeal has not filed in the Honble Supreme Court of Pakistan The Appeal has been filed and has been dismissed for non prosecution on 18-10-2004
944 .
Sh.P.No.12/L/1993 Muzaffar Abbas Waraich Vs. ADBP Arifwala etc. Sh.P.No.12/K/1993 Malik Muhammad Usman Vs The Government of Pakistan S.P.No.13/I/1993 Ahmedji Muqadam Vs. Province of NWFP
The petition pertains to personal grievance which is not maintainable and dismissed accordingly vide Court order 30.11.1993. Disposed of as withdrawn. Order dated 21-7-1993.
945 .
Appeal has not filed in the Honble Supreme Court of Pakistan Appeal has not filed.
946 .
The judgment on the same Appeal not subject matter was passed in filed linked S.P No.06-I/1993 on 6.7.1998
947 .
948 .
Sh.P.No.13/K/1993 Malik Muhammad Usman Vs The Government of Pakistan S.P.No.13/L/1993 Abdul Ghafoor & others
Disposed of as withdrawn. Appeal has not The Court has already been filed. examined and dismissed the matter in Sh.P.No.11/L/90. Order dated 21-7-1993. Petition was allowed vide Appeal not Court judgment dated filed in the 5.7.2000. The Honble Court Honble
Section 4 of Muslim Family Law Ord. 1961 challenged
199 Vs. Federal Govt. of Pakistan & others being repugnant to injunctions of Islam held that provision contained in section 4 of Muslim Family Law Ord, 1961 at presently enforced is repugnant to injunctions of Islam. Section 7 (3),(5) of Muslim Family Law Ord, 1961 are also repugnant to injunctions of Islam. Section 5 of Muslim Family Law Ord., 1961 does not invalidate marriage/nikah itself merely on account of nonregistration of nikah, if otherwise nikah has been in accordance with Islamic Shariah. Section 6 of Muslim Family Law Ord, 1961 as framed in no manner places any prohibitions in having no more than one wife. It only requires that the condition of Adl prescribed by Holy Quran itself should be satisfied by the male who wants to have more than one wife. The provision for constituting an arbitrary council, therefore, cannot itself be said to volatile of injunctions of Islam. PLD 2000, FSC Page 1 Dismissed as withdrawn on 21.7.1993. Supreme Court of Pakistan
949 .
S.P.No.14/I/1993 Malik Muhammad Usman Vs. Govt. of Pakistan
950 .
S.P.No.14/L/1993 Ghulam Hussain Bloch Vs. Govt. of Punjab etc
Ord. XIX of 1983 (Transfer of Population Welfare Programme Field Activities, 1983) challenged being repugnant to injunctions of Islam Section 148, 149, 109/34 PPC challenged being repugnant to injunctions of Islam
Appeal not filed in the Honble Supreme Court of Pakistan. Appeal not filed
951 .
952 .
Sh.P.No.14/K/1993 Malik Muhammad Usman Vs The Government of Pakistan S.P.No.15/I/1993 Qari Abdul Aziz Jalali Vs. Province of NWFP & others
Challenged Excise and Salt Act, 1944
The petition was dismissed being misconceived on 30.11.1993 as the provision of law challenged had already been examined this Court and not found to be inconsistent with the injunctions of Islam. Disposed of as withdrawn. Order dated 21-7-1993.
Section 4(15), 567 & 11 of Punjab Tenancy Act, 1987, Hazara Tenancy Regulation, 1987, NWFP Tenancy (Fixation of Compensation to the Landlords) Rule, 1981, section 4 & 4(a) of NWFP Tenancy Act, 1992, NWFP Abolition of Jagirs Act, 1952
The judgment on the same subject matter was passed in linked S.P No.06-I/1993 on 6.7.1998
200 challenged being repugnant to injunctions of Islam Banking Companies (Recovery of Loan) Ord. 1979 regarding recovery of interest challenged being repugnant to injunctions of Islam
953 .
S.P.No.15/L/1993 Munir Brothers Vs. IDBP etc.
954 .
955 .
Sh.P.No.15/K/1993 Malik Muhammad Usman Vs The Government of Pakistan S.P.No.16/I/1993 Sabz Ali Vs. Province of NWFP
Challenged Wealth Tax Act, 1963.
The petition was disposed being infructuous on 27.11.2000 as a decree was issued in the matter and, even otherwise, subsequent to the announcement of authoritative judgment by Honble Shariat Appellate Bench of Supreme Court of Pakistan. Disposed of as withdrawn. Order dated 21-7-1993.
Appeal not filed in the Honble Supreme Court of Pakistan
956 .
S.P.No.16/L/1993 Sumaira Qamar Vs. Chairman ADBP etc.
957 .
958 .
Sh.P.No.16/K/1993 Malik Muhammad Usman Vs The Government of Pakistan S.P.No.17/I/1993 Khan Wali Vs. Province of NWFP etc. S.P.No.17/L/1993 Khurshid Ahmed Vs. Irshad Bibi etc.
Section 5(1)(c) of the Punjab Tenancy Act, 1887 as applicable to NWFP challenged being repugnant to injunctions of Islam Recovery of bank interest from petitioner (personal grievance) challenged being repugnant to injunctions of Islam Challenged Sales Tax Act, 1990.
The Appeal has been filed and has been dismissed for non prosecution on 18-10-2004 Dismissed as petition Appeal filed in pertains to personal the Honble grievance vide court order Supreme dated 30.11.1993. Court of Pakistan Disposed of as withdrawn. Order dated 21-7-1993. Appeal has not filed.
959 .
Section 5(1)(c) of the Punjab Tenancy Act, 1887 as applicable to NWFP challenged being repugnant to injunctions of Islam No specific law has been challenged being repugnant to injunctions of Islam Challenged Civil Servant Act, 1973.
Dismissed as petition showing personal grievance and no specific law has been challenged vide Court order dated 30.11.1993. Disposed of as withdrawn. The Court has already been examined this matter in S.S.M.NO.263-A-1983 reported in PLD-1984 FSC32. Order dated 21-7-1993. The judgment on the same subject matter was passed in linked S.P No.06-I/1993 on 6.7.1998
960 .
Sh.P.No.17/K/1993 Malik Muhammad Usman Vs The Government of Pakistan S.P.No.18/I/1993 Sardar Kaloo Vs. Province of NWFP
The Appeal has been filed and has been dismissed for non prosecution on 18-10-2004 Appeal not filed in the Honble Supreme Court of Pakistan Appeal has not filed.
961 .
962
S.P.No.18/L/1993 Pir Bux
Section 5(1)(c) of the Punjab Tenancy Act, 1887 as applicable to NWFP challenged being repugnant to injunctions of Islam Interest Act, 1839 regarding recovery
The Appeal has been filed and has been dismissed for non prosecution on 18-10-2004 Petition was dismissed being Appeal not misconceived on 30.11.1993 filed in the
201 Vs. Federation of Pakistan etc. of interest challenged being repugnant to injunctions of Islam as points involved in this petition have already been decided vide PLD 1992 FSC 1 (Dr. Mehmood-ur-Rehman Faisal Vs. Secretary Ministry of Law & Justice) Disposed of as withdrawn. Order dated 15-1-2009. Honble Supreme Court of Pakistan Appeal has not filed.
963 .
964 .
965 .
966 .
967 .
Sub Clause 5 of standing order 15 of Industrial and commercial Employment (standing Order) Ordinance, 1968 and sub Clause 5 of Sec. 15 of Road Transport workers Ordinance. 1952 S.P.No.19/I/1993 Section 3 of the Haji Muhammad Works of Defense Mumtaz Ali Act, 1903 & Gazette Vs. Notification No. Federation of SRD-939 (I/79) Pakistan (regarding denial of easement rights in agricultural land within cantonment area) challenged being repugnant to injunctions of Islam. S.P.No.19/L/1993 Recovery of bank Mst. Fakhra Siddique interest from etc. petitioner (personal Vs. grievance regarding HBL & others recovery of interest) challenged being repugnant to injunctions of Islam S.P.No.20/I/1993 Service Tribunal I.A Sherwani Act, 1973 & Service Vs. Tribunal Fed: of Pakistan (Qualification of L/W Member) Rules, S.S.No.01/I/1993 1973 challenged L/W being repugnant to S.S.No.02/I/1993 injunctions of Islam L/W S.S.No.03/I/1993 L/W S.S.No.04/I/1993 L/W S.S.No.05/I/1993 Sh.P.No.20/K/1993 Challenged section M/s. Banking Trade 6(1), 9 & 15 of the Service banking Tribunal Vs Ordinance, 1984. Islamic Republic of Pakistan.
Sh.P.No.18/K/1993 Pakistan National Workers etc Vs The Government of Pakistan
Dismissed on 18.9.2007 Appeal not being not maintainable as filed the matter belongs to seeking relief on his personal grievance
Dismissed as petition Appeal not pertains to personal filed grievance vide court order dated 07.05.1994.
Dismissed on 22.1.2008 with Appeal not observation that there is filed nothing in the matters which may be termed as repugnant to the Quran and Sunnah.
968 .
S.P.No.21/I/1993 Qari Abaidullah Vs. Province of NWFP etc.
Section 5(1)(c) of the Punjab Tenancy Act, 1887 as applicable to NWFP challenged being repugnant to injunctions of Islam
Dismissed. The petitioner could no lay his hand to anything contained in Quran and Sunnah which opposes the contents of the said sections of the Banking Tribunal Ordinance. Order dated; 11-5-2007. The judgment on the same subject matter was passed in linked S.P No.06-I/1993 on 6.7.1998
202 969 . Sh.P.No.21/K/1993 Syed Khateebul Islam Kazmi Vs Special Court of Banking of Sindh and another S.P.No.22/I/1993 Sian Muhammad Vs. Province of NWFP Challenged the Interest of Banks on the ground being repugnant to the Injunctions of Islam. Law relating to occupancy, Tenants and Landlord in NWFP challenged being repugnant to injunctions of Islam Section 4(15), 567 & 11 of Punjab Tenancy Act, 1987, Hazara Tenancy Regulation, 1987, NWFP Tenancy (Fixation of Compensation to the Landlords) Rule, 1981, section 4 & 4(a) of NWFP Tenancy Act, 1992, NWFP Abolition of Jagirs Act, 1952 challenged being repugnant to injunctions of Islam Section 4(15), 567 & 11 of Punjab Tenancy Act, 1987, Hazara Tenancy Regulation, 1987, NWFP Tenancy (Fixation of Compensation to the Landlords) Rule, 1981, section 4 & 4(a) of NWFP Tenancy Act, 1992, NWFP Abolition of Jagirs Act, 1952 challenged being repugnant to injunctions of Islam Section 4 of Banking Company (Recovery of Loans) Ord. 1979 regarding recovery of interest / personal grievance challenged being repugnant to injunctions of Islam Civil Servant Act, 1973 and Rules 3(1) (a),7,8 & 9 of Civil Servant (Appointment, Promotion & Transfer) Rule, 1973 challenged being repugnant to injunctions of Islam Dismissed in limine. Appeal has not The Court has already held filed. in Judgment reported as PLD-1992 FSC-1. Order dated; 3-12-1995 The judgment on the same subject matter was passed in linked S.P No.06-I/1993 on 6.7.1998 The Appeal has been filed and has been dismissed for non prosecution on 18-10-2004 The judgment on the same The Appeal subject matter was passed in has been filed linked S.P No.06-I/1993 on and has been 6.7.1998 dismissed for non prosecution on 18-10-2004
970 .
971 .
S.P.No.23/I/1993 Qazi Muhammad Sadiq Vs. Province of NWFP
972 .
S.P.No.24/I/1993 Muhammad Daub Vs. Province of NWFP
973 .
S.P.No.25/I/1993 Mrs. Mahjabeen & others Vs. The Fed: of Pakistan
Dismissed on 03.12.1995 as the judgment in the same subject matter has already been passed in S.P.No.30I/1990 on 14.11.1991 vide PLD 1992 page 1.
Appeal has not filed in Supreme Court
974 .
S.P.No.27/I/1993 Muhammad Yakoob Vs. Govt. of Pakistan
Dismissed on 17.1.1994 with Appeal has not observation that by making filed. promotion/transfer to various posts, the DPS or CSB is a proper forum which can go deep into the merits of each case and make recommendation accordingly.
203 975 . Sh.P.No.28/I/1993 I.A.Sherwani Vs. Govt of Pakitan etc L/W S.P.No.27/I/1994 L/w WS.P.No.25/I/1994 L/w S.P.No.2/I/1998 L/W S.P.No.4/I./1995 L/W Sh. Misc: No.20/I/1995 S.P.No.29/I/1993 Allah Rakha Vs. Fed: of Pakistan etc. L/W S.P.No.32/I/1993 L/W S.P.No.37/IO/1993 L/W S.P.No.42/I/1993 L/W S.P.No.13/L/1993 L/W S.P.No.3/I/1994 L/W S.P.No.28/I./1994 L/W S.P.No.6/L/1994 L/W S.P.No.10/L/1994 L/W 11/L/1994 L/W S.P.No.15,18,19,7,/I/ .1995 etc S.P.No.30/I/1993 B.A Malik Vs. Federation of Pakistan The Petitioner has challenged para 1(IV) of the MFOM No.(4)F,12(2)-RI/53 dt.24.3.1995 the petitioner has submitted that the policy of family persion during ythe period of IDDAT against the injuction of Islam, The petitioner ha ve chelleng section 4,5,6, and 7 of the muslim family laws ord.1961 being repugnant to the injuction of islam. The Honble S/Court Shariat appellate Bench has already decided in Fedeation of Pakistan Vs. I.A.Shearwani and 3 others reported in 2005 SCMR,292- against the Judgement dt.14.10.1992 of the FSC, in view of the decision of the Hon:S.Court this petition has be came infructuous and dispoed of accordingly 12.9.2007. The court has declear that section 4 of the ord. has repugnant to the injuction of islam while section 5 and 6 are not repugnant of the islam howover section 7 of the muslim family laws ord.1961 as whole can not been declear as violative of injuction of islam but sub section 3 and sub section 5 have bee n held to be repujnant to the injuction of Islam.5.1.2000. PLD 2000 FSC Page-1.
976 .
Appeal filed in the Supreme Court of Pakistan and pending.
977 .
978 .
S.P.No.31/I/1993 Muhammad Sharif Vs. Govt. of Punjab etc.
979 .
S.P.No.32/I/1993 Rehmat Khan Vs. Fed: of Pakistan`
Finance Division O.M No. F.8(12) R 30/92 (Part 48), dated 18.9.1993 regarding discrimination in grant of secretariat allowance for employees working in Federal Secretariat challenged being repugnant to injunctions of Islam Section 2(2) GG of section 4 of Urban Immovable Property Tax Act, 1958 challenged being repugnant to injunctions of Islam Section 4 of Muslim Family Law Ord. 1961 (regarding inheritance of offspring of predeceased living at the of opening succession)
Disposed of as withdrawn on Appeal filed. 18.1.1994
The court has declear that Appeal not section 4 of the ord. has filed repugnant to the injuction of islam while section 5 and 6 are not repugnant of the islam howover section 7 of the muslim family laws ord.1961 as whole can not
204 challenged being repugnant to injunctions of Islam been declear as violative of injuction of islam but sub section 3 and sub section 5 have bee n held to be repujnant to the injuction of Islam.5.1.2000. Dismissed for non- Appeal has not prosecution on 27.5.2008 filed.
980 .
981 .
982 .
983 .
984 .
Pakistan Army Order No. PAO 673171 dated 5.10.1971 (regarding severe discrimination between civil & army employees of GHQ about medical facility in Hospital during the service and after retirement)challeng ed being repugnant to injunctions of Islam S.P.No.34/I/1993 Section 30 of HBFC Ghulam Farid Act, 1952 regarding Vs. recovery of interest Federation of challenged being Pakistan repugnant to injunctions of Islam. S.P.No.35/I/1993 Section 30 of Nadeem Mukhtar Vs. Contract Act, 1872 Federation of regarding exception Pakistan in favour of certain price horse racing challenged being repugnant to injunctions of Islam. S.P.No.36/I/1993 Article 40 of Nadeem Mukhtar Qanoon-e-Shahadat Chaudhry Order, 1984 Vs. (regarding how Federation of much information Pakistan received from L/W accused may be S.P.No.23/I/1994 & proved) challenged S.P.No.1/K/1995 being repugnant to injunctions of Islam. S.P.No.37/I/1993 Section 4 of Muslim Mst. Gul Ryazan Family Law Ord. Vs. 1961 challenged Federation of being repugnant to Pakistan injunctions of Islam.
S.P.No.33/I/1993 Dr. Mehmood-urRehman Faisal Vs. Govt. of Pakistan
Dismissed on 08.12.1993 Appeal not being of personal grievance filed
Dismissed on 11.12.1995 Appeal not being incompetent as the filed Court has already examined this provision of law vide judgment dated 20.10.1983 passed in S.S.M No.01/1982. Dismissed having substance on 30.5.2007. no Appeal not filed
985 .
S.P.No.38/I/1993 Afzal Ahmed etc. Vs. Govt. of Pakistan L/W S.P.No.66/I/1992
The court has declear that section 4 of the ord. has repugnant to the injuction of islam while section 5 and 6 are not repugnant of the islam howover section 7 of the muslim family laws ord.1961 as whole can not been declear as violative of injuction of islam but sub section 3 and sub section 5 have bee n held to be repujnant to the injuction of Islam.5.1.2000. Section 17(1-A) of Disposed of on 17.1.1994 as Wapda Act, 1958 same order passed in pertaining to Wapda S.P.No.66-I/1992 which employees reported that in view of the challenged being judgment of Honble repugnant to Appellate Bench of Supreme injunctions of Islam. Court, this Court allowed these petitions only to the
Appeal not filed
205 extent of retirement / removal from service without assigning any reason and affording proper opportunity of hearing. Dismissed on 10.12.1995 the Appeal not matter of personal filed grievance.
986 .
S.P.No.39/I/1993 Sattar Bazmi Vs. Govt. of Pakistan S.P.No.40/I/1993 Muhammad Ali Khan Vs. Govt. of NWFP
987 .
988 .
S.P.No.41/I/1993 Javed Ahmed Vs. Govt. of Punjab
989 .
S.P.No.42/I/1993 Raja Muhammad Ayub Vs. Fed: of Pakistan
Martial Law Order No.35 regarding removal from service challenged being repugnant to injunctions of Islam Enforcement of NWFP Pre emption Act, 1992 regarding pre emption rights challenged being repugnant to injunctions of Islam Rule 1.5 (1)(a) & Part VII Rule 1.13(1) (a) of the Punjab General Provident Fund Rules, 1978 regarding charging interest challenged being repugnant to injunctions of Islam Section 4 of Muslim Family Law Ord. 1961 (regarding inheritance of offspring of predeceased living at the of opening succession) challenged being repugnant to injunctions of Islam
Disposed of on 12.3.2008 Appeal not being infructuous. filed
Disposed of having Appeal not withdrawn on 23.1.2001. filed
990 .
S.P.No.43/I/1993 Allama Bishop Danial Tasleem Vs. Federal Govt. of Pakistan
Subsection (c) of section 295 PPC (use of derogatory remarks about Holy Prophet P.B.U.H) challenged being repugnant to injunctions of Islam Sections 133 (A) (b) of Pakistan Army Act, 1952 regarding adjudication by Martial Law Courts challenged being repugnant to injunctions of Islam
991 .
S.P.No.44/I/1993S. Col. Retd Muhammad Akram Vs. Fed: of Pakistan Linked with S.P.No.04/I/1993
The court has declear that section 4 of the ord. has repugnant to the injuction of islam while section 5 and 6 are not repugnant of the islam howover section 7 of the muslim family laws ord.1961 as whole can not been declear as violative of injuction of islam but sub section 3 and sub section 5 have bee n held to be repujnant to the injuction of Islam.5.1.2000. Dismissed in limine on 8.1.1994 being incompetent as the Full Bench of this Court comprising of 5 judges has already examined the impugned law in S.P No.6L/1987 and delivered judgment on 30.10.1990 reported as PLD 1991 FSC page 10. Allowed on 2.9.2008 with observation that non supply of copy of judgment, deposition & other record of the case to the convict person would tantamount to denial of justice to him as he will not be in position to furnish ground to assail his conviction as right of appeal is substantive right, the denial of copy of judgment and of hearing in appeal would amount to denial of substantive right resulting ito justice on touchstone of the Quran and Sunnah of the
Appeal not filed
Appeal has filed. And has been dismissed for non proceuction on 21.4.2009.
Appeal in filed in Supreme Court of Pakistan Pending
206 Holy Prophet (P.B.U.H) SD 2009 Page 321 ,PLJ 2010 FSC Page 291
1994
S. No. Shariat Petition No. & Party Names Law Challenged Appeal filed in the Hon.Suprem e Court of Pakistan or not with Status Due to personal grievance Appeal has not the petition has dismissed. filed. Order dated; 18-1-1994. FSC Decision
992 .
Sh.P.No.1/I/1994 Allah Dino Vs Government of Pakistan
993 .
994 .
S.P.No.1/L/1994 Muhammad Ashraf Vs. The Manager, Agriculture Development Bank of Pakistan, Phalia and two others Rew.Sh.P.No.1/I of 1994 Col(Retd) Muhammad Akram Vs Federation of Pakistan Linked with Rew.Sh.P.No.3/I of 1994 Linked with
Filed petition and prayed that this Court give direction to senior member of Board of Revenue Sindh Hyderabad to dispose of filed case within a Specific pried. To Challenge the Riba/mark-up of Rs.2,36,400/-
Dismissed in limine for want Appeal has not of jurisdiction.3.12.1995 filed.
Filed review of FSC Judgment dated 1310-1983 in SSM No. 85/82 regarding Secs.16 and 17 of Pakistan Army Act, 1952 and Rules & Regulation as being to the repugnant to the in Injunctions of Islam.
Disposed of as withdrawn. Order dated; 27-5-2008
Sh.P.No.4/I/1993
995 .
Sh.P.No.1/K/1994 Haji Babar Hussain Vs Mst. Fareeda Naz
996
Rew.Sh.P.No.2/I of 1994
Filed review of FSC Judgment dated 1310-1983 in SSM No. 85/82 regarding Secs.65 and 66 of Pakistan Army Act, 1952 and Rules & Regulation as being to the repugnant to the in Injunctions of Islam. Challenged the Provision of Section 5(7) of Family Court Act, 1964 as repugnant to the Injunctions of Islam. That the Court be pleased to prevent the respondent from denying her marriage with the Petitioner. Challenged Section 4(1) (2) and Section
Dismissed in limine on Appeal has not 28.11.1995 as this petition filed. pertains to personal grievance and as such the out of jurisdiction of this Court.
Dismissed in limine because Appeal not the petitioner could also not filed
207 M. Jameel Raja Vs Government of Pakistan Linked With Sh.Msic.No.33 of 1994 Sh.P.No.2/I/1994 S. Liaqat Binori Vs Federation of Pakistan 12 Guardians and wards Act, 1890. point out any injection which varied these sections. Order dated; 17-12-1995.
997 .
998 . 999 .
S.P.No.2/L/1994 Malik Altaf Hussain Vs. Allied Bank of Pakistan Limited etc. S.P.No.02/K/1994 Suhail Hameed Vs President of Pakistan
Challenged Finance Division O.M.No.F.2 (9) R-5/81 dated 276-1981. Which provide the schedule for the rate of house rent admissible to the employees of the Government? To challenge the amount of interest of Rs.68,547/40 Section 34(a)(b)(f) of Pakistan Army Act, 1952 (regarding armies separate judicial system) challenged being repugnant to injunctions of Islam Section 4 of Muslim Family Lawss Ordinance,1961
Dismissed as withdrawn. Order dated; 4-6-2002.
Dismissed in limine for want Appeal has not of jurisdiction.3-12-1995 filed.
Petition was dismissed in Appeal has not limine on 29.11.1995 as the filed matter in question has already been examined by this Court.
100 0.
Sh.P.No.3/I/1994 Zar khan and others Vs Government of Pakistan
100 1.
100 2.
S.P.No.3/L/1994 Mian Hidayat Hussain Bhatti Vs. A.D.P.B and one other Sh.P.No.3/K/1994 Mst. Suraya Begum Vs Government of Pakistan
To Challenge the amount of interest. from the petitioner is repugnant to injunction of Islam. Stated that During Hajj the petitioner has seen the Pakistani ladies without observing a proper dress on their bodies and observing parda properly in view of the Injunctions of the Holy Quran and Sunnah. Challenged Section 7(3) of Muslim Family Laws Ordinance, 1961.
The Court has declared that the Muslim Family Laws Ordinance, 1961 are repugnant to the Injunction of Islam and it is directed that the president of the Islamic Republic of Pakistan shall take steps to amend the law so as to bring the above provisions into conformity with the injunctions of Islam. Judgment dated; 05-012000.PLD 2000, FSC Page 1 Dismissed in limine for want of jurisdiction.3-12-1995
Dismissed in limine. Appeal has not No law has been challenged filed. in this petition as offending any Injunctions of Islam. Order dated; 12-12-1995.
100 3.
Sh.P.No.4/I/1994 Dr. M.Aslam Khaki Vs Federation of
The Court has declared that Appeal not the Muslim Family Laws filed Ordinance, 1961 are repugnant to the Injunction
208 Pakistan Linked with Rew.Sh.P.No.1/I of 1994 Linked with Rew.Sh.P.No.3/I of 1994 of Islam and it is directed that the president of the Islamic Republic of Pakistan shall take steps to amend the law so as to bring the above provisions into conformity with the injunctions of Islam. Judgment dated; 05-012000. PLD 2000, FSC Page 1 Dismissed in limine. Hence Personal grievance of the petitioner was involved in the petition. Order dated; 9-5-1994. Dismissed for nonprosecution. Order dated; 28-2-1995.
100 4. 100 5.
Rew.P.No.4/I/1994 Z. A. Sheikh Vs Government of Pakistan Sh.P.No.5/I/1994 Muhammad Yaqoob Vs Federation of Pakistan
100 6.
S.P.No.5/L/1994 Khawaja Munir Ahmad Siddique Vs. Government of Pakistan
100 7.
S.P.No.6/L/1994 Muhammad Ibrahim etc Vs Abdur Rahman etc
Old Pensioner has Requested for Welfare fund from the State Bank of Pakistan. . Challenged Paras 5 and 9-A the constitution of the office management group, (O.M No.1/2/75-ARC dated 27-1-1975) and Paras 3(ii), 4(ii), a and 6 of the constitution of the Secretariat Group (O.M No.2/2/75-ARC dated 12-4-1976) To Challenge section 539 Cr.P.c. wherein affidavit and affirmations before High Courts or any officer appointed by it may attest affidavit against the Quran and Sunnah To challenge Muslim Family Laws Ordinance, 1961. Section 4 of the Muslim Family Laws is against the Injunctions of Islam
Dismissed on 23.4.2007 as Appeal has not the stand taken by the filed. petitioner has no relevance to section 539 Cr.P.C
100 8.
Sh.P. No. 7/I/1994 Haji Muhammad Abdullah Vs Government of Pakistan
100 9.
Sh.P.No.7/L/1994 Haji Hayat Muhammad Vs. The Province of
Prayed that Registration of Mosques and religious Institutions to Eliminate the chances of future Quarrels/Conflicts and (Embarrassing) Hostile take-over(s) by other sects. To challenge M.L.R 115 as for as it limits the wording of land be declared in infringement of
The court has declear that section 4 of the ord. has repugnant to the injuction of islam while section 5 and 6 are not repugnant of the islam howover section 7 of the muslim family laws ord.1961 as whole can not been declear as violative of injuction of islam but sub section 3 and sub section 5 have bee n held to be repujnant to the injuction of Islam.5.1.2000. PLD 2000, FSC Page 1 The petition has misconceived and dismissed in limine. Order dated; 16-2-1995.
Appeal has not filed. .
209 Punjab 101 0. Sh.P.No.9/L/1994 Muhammad Rafi and others Vs. Federation of Pakistan Sh.P.No.10/I/1994 Dr. Mehmood-urFaisal Vs Government of Pakistan Islam as declared by Holy Quran and Hadith. Challenged section 9 of Oaths Act, 1973 and Article 163 of the QanoonShadat Ordinance, 1984 being to the Injunctions of Islam. Challenged the notifications; Cabinet Secretariat Notification No.104/12/68 Min dated 19-3-1968. Cabinet Secretariat Notification No.414/90 Min. I dated 27-6-1990. Schedule II Rule 3(3) Rules of Business 1973(Cabinet Secretariat) Challenged section 4 of Muslim Family Laws, 1961 being to the Injunctions of Islam. Challenged Judgment of the F.S.T Islamabad dated 2-11-1993 in service appeal No.291(R)/93. Challenged section 4 of the Muslim Family Laws, Ordinance, 1961 being to the Injunctions of Islam. Challenged provisions of section 3(33) of the General clauses Act, Section 30 of the Punjab Pre-emption Act and section 25 of the Limitation Act as against the injunctions of Islam. Request for Rehearing in Criminal case which has already been decided by the special Court for speedy trials and maintained the conviction of accused (10 years RI + fine of Rs. 20,000 with whipping 20 strips) by the supreme Court of Pakistan. Further submitted
Dismissed as withdrawn on Appeal has not the request of the petitioner filed. on 23.4.2007
101 1.
Dismissed in limine. Appeal has not The petitioner failed to point filed. out any law on the subject which could form basis to attend the jurisdiction of this Court. Order dated; 16-2-1995
101 2. 101 3.
Sh.P.No.10/L/1994 Muhammad Bakhsh Vs. Federal Government and another Sh.P.No.11/I/1994 Ali Ahmed Dar Vs Government of Pakistan Sh.P.No.11/L/1994 Tagiya Vs. Federal Govt. Sh.P.No.12/L/1994 Mst. Malkhoo etc. Vs. Islamic Republic of Pakistan and another
Disposed of on 5.1.2000 in terms of the judgment delivered in S.P.No.29-I-1993 PLD 2000 FSC Page 1.
The petition has Filed in misconceived and Dismissed Supreme in limine. Court Order dated; 9-4-1994. PLD 2000 FSC Page 1. Disposed of on 5.1.2000 in Appeal has not terms of the judgment filed. delivered in S.P.No.29-I1993. Dismissed as withdrawn on Appeal has not 11.12.1995 filed.
101 4.
101 5.
101 6.
Sh.P.No.13/I/1994 Dr. Mehmood-urRehman Vs Government of Pakistan
Dismissed. Appeal has not Because the matter pertains filed. to a personal grievance. Order dated; 7-12-2000.
210 that this petition may by consider as revision under the rule. Challenged portion of section 31-A of the Custom Act, (Act. IV of 1969) being to the Injunctions of Islam. Challenged Notification S.R.O 419(1) dated 9.5.1991.
101 7.
101 8.
Sh.P.No.13/L/1994 M/S. Mehran Comfort (Pvt) Ltd. Vs. Government of Pakistan etc. Sh.P.No.14/L/1994 M/S Mehran Comfort (Pvt) Ltd. Vs. Govt. of Pakistan etc.
101 9.
102 0.
Sh.P.No.15/I/1994 Master Mushtaq Ahmed Vs Government of Pakistan Sh.P.No.15/L/1994 M/S Mehran Comfort (Pvt) Ltd. Vs. Govt. of Pakistan etc. Sh.P.No.16/I/1994 Mst. Abida Tasneem etc Vs Government of Pakistan
Request for Financial benefit.
Dismissed on 24.9.2001, as the matter has been dealt with and decided by the Peshawar High Court vide judgment dated 7.3.1994 and by the Hon. Supreme Court of Pakistan vide judgment dated 27.2.1998. Dismissed because personal grievance has involved. Order dated; 7-5-1994.
102 1.
102 2.
Sh.P.No.16/L/1994 M/S Mehran Comfort (Pvt) Ltd. Vs. Govt. of Pakistan etc. Sh.P.No.17/I/1994 Muhammad Sharif Vs Federation of Pakistan Sh.P.No.17/L/1994 Diamond Corporation (Pvt) Limited Vs. Govt: of Pakistan etc Sh.P.No.18/I/1994 Muhammad Nawaz Vs Government of Pakistan
102 3.
102 4.
Challenged Notification of the Federal Government S.R.O 420(1) /91 dated 9.5.1991 Challenged Section 5 of the Muslim Family Laws Ordinance, 1961 providing for the registration of marriage is repugnant to the Injunctions of Islam. Challenged Notification of the Federal Government S.R.O. 421(1)/91, dated 9.5.1991. Challenged section 25 of ADBP, 1961 and Rule 17 of ADBP on the ground that the interest is repugnant to the Injunctions of Islam. Challenged portion of Section 31-A of Custom Act, 1969 is repugnant to the Injunctions of Islam. The petitioner is a constable in the Punjab Police, challenged the Salute, which a member of the police is expected to render to his senior is Un-Islamic and is just and
Same judgment delivered on Appeal has not 24.9.2001 in S.P.No.14-L- filed. 1994
Disposed of. Appeal has not The Court has already been filed. discussed this point in Shariat petition No. 29/I/1993. Order dated; 5-1-2000. PLD 2000 FSC Page 1. Same judgment delivered on Appeal has not 24.9.2001 in S.P.No.14-L- filed. 1994
Dismissed in limine. Appeal has not The Court has already been filed. delivered a Judgment on Interest. Order dated; 16-2-1995. Disposed of as withdrawn on Appeal has not 10.6.1998 filed.
102 5.
Dismissed. Appeal has not The Court has declared that filed. saluting a senior in police department or in armed forces or in Para-military establishments, is not repugnant to the injuction of Islam. Order dated; 12-4-2007
211 other form of the Fir-owni Sajida. Challenged Notification of the Federal Government S.R.O 419(1)/91 dated 9.5.1991 is repugnant to the Injunctions of Islam. Challenged the Interest Act, 1839.
102 6.
Sh.P.No.18/L/1994 Diamond Corporation (Pvt) Limited Vs. Government of Pakistan etc Sh.P.No.19/I/1994 M/s Atif Floor Mills Vs Federation of Pakistan Sh.P.No.19/L/1994 Diamond Corporation (Pvt) Limited Vs. Govt: of Pakistan etc
102 7. 102 8.
102 9.
103 0.
Sh.P.No.20/I/1994 M/s Fazal Engineering Company, LTD etc Vs Government of Pakistan S.P.No.20/L/1994 Diamond Corporation (Pvt) Limited Vs. Govt: of Pakistan etc Sh.P.No.21/I/1994 Nadeem Mukhtar Vs Federation of Pakistan Sh.P.No.21/L/1994 Crescent Industrial (Gadoon) Vs. Govt: of Pakistan etc Sh.P.No.22/I/1994 Qazi Syed Saghir-urHaw Vs Pakistan through M/o Finance Sh.P.No.22/L/1994 Crescent Industrial (Gadoon) Vs. Govt: of Pakistan etc
Challenged Notification of the Federal Government S.R.O 420(1)/91 dates 9.5.1991 is repugnant to the Injunctions of Islam. Challenged Section 8(2) a & b of Banking Company (Recovery of Loans) Ordinance, 1979. Challenged Notification of the Federal Government S.R.O 421(1)/91 date 9.5.1991 is repugnant to the Injunctions of Islam. Challenged Article 43-B (a) of Qanoone-Shahadat Order, 1984 is repugnant to the Injunctions of Islam. Challenged portion section 31-A of Custom Act, 1969 is repugnant to the Injunctions of Islam. Section 6 (h) (b) of Finance Act, 5 of 1989 regarding Tax
Dismissed in limine. The Court has already been examined the provision of Interest in different petition. Order dated; 16-2-1995 Same judgment delivered on 24.9.2001 in S.P.No.14-L1994
Dismissed in limine. Appeal has not The Court has already been filed. examined the provision of Interest in deferent petition. Order dated; 16-2-1995 Same judgment delivered on Appeal has not 24.9.2001 in S.P.No.14-L- filed. 1994
103 1.
103 2. 103 3.
Dismissed in limine. The petition is misconceived as no Injunctions of Islam has been cited in proof thereof. Order dated; 16-2-1995. Disposed of as withdrawn on 10.6.1998.
Dismissed as withdrawn. Order dated; 16-2-1995
103 4.
103 5.
Sh.P.No.23/L/1994 Crescent Industrial (Gadoon) Vs.
Challenged Notification of the Federal Government S.R.O 419(1)/91 date 9.5.1991 is repugnant to the Injunctions of Islam. Challenged Notification of the Federal Government S.R.O
212 Govt: of Pakistan etc 420(1)/91 date 9.5.1991 is repugnant to the Injunctions of Islam. Requested that this Court Implement of Article 62 & 63 of the Constitution of Pakistan. Challenged Notitfication of the Fedral Government S.R.O 421(1)/91 dated 9.5.1991 is repugnant to the Injunctions of Islam. Challenged portion of Section 31-A of Custom Act, 1969 is repugnant to the Injunctions of Islam. In this petition challenged O.M.No.F.1(9)IP/1994,dt.26.3.1994 and O.M.No.F.`1(2) Imp/1994(1)dt.15.6. 1994, the petitioner seek the challenged the policy adopted by the Govt. of deliberate discrimination against the pensioners which is against the injuction of Islam. Challenged Section 6 of the Muslim Family Laws Ordinance, 1961.
103 6. 103 7.
Sh.P.No.24/I/1994 Khalid Khawaja Vs Government of Pakistan Sh.P.No.24/L/1994 Crescent Industrial (Gadoon) Vs. Govt: of Pakistan etc Sh.P.No.25/L/1994 Diamond Corporation (Pvt) Limited Vs. Govt: of Pakistan etc Sh.P.No.25/I/1994 I.A.Sherwani Vs. Govt of Pakitan etc L/W S.P.No.27/I/1994 L/w WS.P.No.28/I/1993 L/w S.P.No.2/I/1998 L/W S.P.No.4/I./1995 L/W Sh. Misc: No.20/I/1995 Sh.P.No.26/I/1994 M. Iqbal Kowkab Vs Federation of Pakistan
Dismissed in limine. Because the petition does not fall within the jurisdiction of this Court. Order dated; 16-2-1995 Same judgment delivered on 24.9.2001 in S.P.No.14-L1994
103 8.
103 9.
The Honble S/Court Shariat Appeal has not appellate Bench has already filed. decided in Fedeation of Pakistan Vs. I.A.Shearwani and 3 others reported in 2005 SCMR,292- against the Judgement dt.14.10.1992 of the FSC, in view of the decision of the Hon:S.Court this petition has be came infructuous and dispoed of accordingly 12.9.2007.
104 0.
104 1.
Sh.P.No.26/L/1994 Diamond Corporation (Pvt) Limited Vs. Govt: of Pakistan etc Sh.P.No.27/L/1994 Diamond Corporation (Pvt) Limited Vs. Govt: of Pakistan etc
104 2.
Challenged Notification of the Federal Government S.R.O No. 419(1)/91 date 9.5.1991 is repugnant to the Injunctions of Islam. Challenged Notification of the Federal Government S.R.O No. 420(1)/1991 dated 9.5.1991 is repugnant to the
The court has declear that section 4 of the ord. has repugnant to the injuction of islam while section 5 and 6 are not repugnant of the islam howover section 7 of the muslim family laws ord.1961 as whole can not been declear as violative of injuction of islam but sub section 3 and sub section 5 have bee n held to be repujnant to the injuction of Islam.5.1.2000. PLD 2000 FSC Page 1. Same judgment delivered on 24.9.2001 in S.P.No.14-L1994
Appeal is not Filed in the Supreme Court
213 104 3. S.P.No.27/I/1994 Ex Sevice man Association talagnag Vs. Govt of Pakistan L/w Sh.P.No.25/I/1994 L/w WS.P.No.28/I/1993 L/w S.P.No.2/I/1998 L/W S.P.No.4/I./1995 L/W Sh. Misc: No.20/I/1995 Sh.P.No.28/I/1994 Syed Ibrar Husain Vs Federation of Pakistan Injunctions of Islam. The petitioner prayed in these theat also may kindly be granted 35% Adhoc increase in the pension as allowed to serving civilians and military personnals by the Goverenment. The Honble S/Court Shariat appellate Bench has already decided in Fedeation of Pakistan Vs. I.A.Shearwani and 3 others reported in 2005 SCMR,292- against the Judgement dt.14.10.1992 of the FSC, in view of the decision of the Hon:S.Court this petition has become infructuous and dispoed of accordingly 12.9.2007.
104 4.
Challenged section 4 of the Muslim Family Laws Ordinance, 1961.
104 5.
Sh.P.No.28/L/1994 Diamond Corporation (Pvt) Limited Vs. Govt: of Pakistan etc Sh.P.No.29/I/1994 Nadeem Mukhtar Choudhary Vs Federation of Pakistan Sh.P.No.29/L/1994 Khyber Plastic and Polymer Vs. Govt: of Pakistan etc Sh.P.No.30/I/1994 Muhammad Akram Vs Government of Pakistan Sh.P.No.30/L/1994 Khyber Plastic and Polymer Vs. Govt: of Pakistan etc
104 6.
Challenged Notification of the Federal Government S.R.O No. 421(1)/1991 dated 9.5.1991 is repugnant to the Injunctions of Islam. Article 16 Qanoone-Shahadat Order Act,1984
. The court has declear that section 4 of the ord. has repugnant to the injuction of islam while section 5 and 6 are not repugnant of the islam howover section 7 of the muslim family laws ord.1961 as whole can not been declear as violative of injuction of islam but sub section 3 and sub section 5 have bee n held to be repujnant to the injuction of Islam.5.1.2000. PLD 2000 FSC Page 1 Same judgment delivered on 24.9.2001 in S.P.No.14-L1994
Appeal not Filed in the Supreme Court
Dismissed as withdrawn. Order dated;16-2-1995
104 7.
104 8. 104 9.
Challenged portion of section 31-A of the Customs Act (Act IV of 1969) is repugnant to the Injunctions of Islam. Section 4 (2GG) of Urban Immovable Property Tax Act, 1958 Challenged Notification of the Federal Government S.R.O No. 419(1)/91 dated 9.5.1991 is repugnant to the Injunctions of Islam. Filed application and requested for direction and
The matter has been discussed in linked with S.P.No.11/L/1990 and S.P.No.27/I/1990. Order dated; 18-9-2007 Same judgment delivered on 24.9.2001 in S.P.No.14-L1994
105 0.
Sh.P.No.31/I/1994 Inayat ullah Vs
214 The Chairman WAPDA and others declaration to the effect that the petitioner entitled to get Rs.170, 610/00 on account of Diyat amount on account of the death of the son of the petitioner who died due to the negligence of the WAPDA. Challenged Notification of the Federal Government S.R.O No. 420(1)/1991 dated 9.5.1991 is repugnant to the Injunctions of Islam. Filed petition for return the Dowry after divorce.
105 1.
Sh.P.No.31/L/1994 Khyber Plastic and Polymer Vs. Govt: of Pakistan etc Sh.P.No.32/I/1994 Muhammad Sharif Bhatti Vs Government of Pakistan Sh.P.No.32 /L/1994 Khyber Plastic and Polymer Vs. Govt: of Pakistan etc
105 2.
Dismissed for non- Appeal has not prosecution. filed. Order dated; 28-2-1995.
105 3.
105 4.
Sh.P.No.33/I/1994 S.K. Aurangzeb & others Vs D.G.F.W.O. & others Sh.P.No.34/I/1994 Babar Awan Vs Federation of Pakistan etc
105 5.
105 6.
Sh.P.No.35/I/1994 Ahmed Yar Vs The Government of Pakistan
Challenged Notification of the Federal Government S.R.O No. 421(1)/1991 dated 9.5.1991 is repugnant to the Injunctions of Islam. Petition for revision of the Service Rule and Regulation of Civilian employees of Frontier works Organization Challenged the Rule No. 72(a) of the Rules of Business (Functioning of the Parliament, Majlis-eShura (National Assembly as well as Senate of Pakistan) is repugnant to the Injunctions of Islam. Challenged Section 6(4) of the west Pakistan shops and Establishment Ordinance 1969. Regarding Observance of a weekly Holiday on Friday.
Dismissed as withdrawn. Order dated; 28-2-1995
1995
S. No. Shariat Petition No. & Party Names Law Challenged FSC Decision Appeal filed in the Hon.Suprem e Court of Pakistan or not with Status
215 105 7. 105 8. S.P.No.1/I/1995 Jamsheed A Hameed Vs. Govt: of Pakistan Sh.P.No.1/L/1995 Muhammad Nazir Cheema Vs. Islamic Republic of Pakistan. Civil Servants Act, 1973 & 1974 Dismissed in default for non Appeal has not prosecution on 22.11.2000 filed. Dismissed in limine on Appeal has not 10.12.1995 for want of filed. jurisdiction and the petition is incompetent.
105 9.
106 0.
106 1.
106 2.
106 3. 106 4.
106 5.
Challenged the provisions of section 3(33) of the General Clauses Act, Section 30 of the Punjab Preemption Act and section 25 of the Limitation Act being repugnant to injunctions of Islam. S.P No.01P/1995 Judgment passed by Shahabuddin Barq Peshawar High Vs. Court on 29.3.1995 Peshawar High Court regarding recovery of interest challenged being repugnant to injunctions of Islam S.P.No.2/I/1995 Section III(h) of Haji Muhammad transfer of Property Ayub Act, 1882 Vs. Federation of Pakistan Sh.P.No.2/ L/1995 Challenged sections Maj (Retd) Moen-ud- 90, 119 and 126 of Din Qureshi etc the Pakistan Army Vs. Act, 1952 and Islamic Republic of section 277(d) of Pakistan the Army Regulations Volume II (Instructions), 1991 being repugnant to injunctions of Islam. S.P.No.02/K/1995 Declaration that Suhail Hameed judgment passed by Vs. Supreme Court in Federation of Cr.A.No.11/1978 Pakistan Zulfiqar Ali Bhutto Vs. The State challenged being repugnant to injunctions of Islam S.P.No.3/I/1995 Personal grievance Qazi Khalid Ali etc Vs. Federation of Pakistan Sh.P.No.3/L/1995 Challenged Rules Arshad Ali 15, 17 and 22 of the Vs. Agricultural Agricultural Development Bank Development Bank Ordinance, 1961 of Pakistan etc being repugnant to injunctions of Islam. Sh.P.No. 3/K/1995 Challenged. Qari Khurshid 1- Television Ahmed Broadcast Receiving Vs Satellite Antenna Federation of (Possession and Pakistan etc Licensing) Rules, 1991.
Dismissed in limine on Appeal has not 3.12.1995 as the matter is filed. out of jurisdiction of this Court
Dismissed as withdrawn on Appeal has not 27.11.1995 filed.
Dismissed in limine 29.11.1995 for want jurisdiction.
on Appeal not of filed
Dismissed on 31.7.2001 that Appeal has not the Honble Court did not filed. find any force in this petition.
Dismissed in limine on Appeal has not 12.12.1995 as the petitioner filed. has not challenge any law Dismissed in limine 03.12.1995 for want jurisdiction. on Appeal has not of filed.
Dismissed in limine. Appeal has not The Petitioner has not filed. pointed out any provision in the impugned Rule which was against the Injunctions of Islam. Order dated; 12-12-1995
216 2- Section 10 of the Wireless Telegraphy Act, 1933 is repugnant to the Injunction of Islam. Challenged Sections 337, 338 and 339 C.R.P.C and Article 16 QanoonShahadat, 1984 being repugnant to injunctions of Islam. Section 4, 5 and 52(2) of the Parsi Marriage and Divorce Act, 1936. Challenged section 4 of Muslim Family Laws, 1961 being repugnant to injunctions of Islam. Section 83 in sub section 4(a) (b) (c) of Income Tax Ordinance, 1979 Challenged the provision of section 24(8) of House Building Finance Corporation Act, 1952 being repugnant to injunctions of Islam. Review Shariat Petition in FSC Judgment dt: 13.10.1983 in SSM No.85-I-1982 Challenged the provisions of section 4 of Muslim Family Laws, 1961 being repugnant to injunctions of Islam. Sections 7(1), 7(2), 7(3) & 7(6) of Muslim Family Laws Ord: 1961 Challenged section 4(2) of the House Building Finance Corporation Act, 1952 being repugnant to injunctions of Islam. Personal grievance
106 6.
S.P.No.4/L/1995 Pakistan Tehrike-eInqalab Vs. Govt: of Pakistan etc Sh.P.No. 4/K/1995 Mrs. Nilofar Maria Vs Federal Government of Pakistan etc S.P.No.5/L/1995 Syed Yousaf Mehdi Naeem Vs. Federal Government S.P.No5/I/1995 Shuja Ali Khan etc Vs. Federation of Pakistan Sh.P.No.6/L/1995 Khalid Hussain Vs. House Building Finance Corporation etc S.P.No.6/I/1995 Col. Muhammad Akram (Retd) Vs. Federal Government of Pakistan Sh.P.No.7/L/1995 Haji Rana Muhammad Shabir Ahmad Khan Vs. Federal Government of Pakistan S.P.No7/I/1995 M.Khokab Iqbal etc Vs. Govt: of Pakistan Sh.P.No.8/L/1995 Muhammad Saeed etc Vs. House Building Finance Corporation etc S.P.No.8/I/1995 Syed Shoaib Ahmed Bukhari Vs. Federation of Pakistan and another
Dismissed as having been Appeal has not withdrawn on 13.12.1995 filed.
106 7. 106 8. 106 9. 107 0.
Disposed of on 5.1.2000 in Appeal has not terms of the judgment filed. delivered in S.P.No.29-I1993.PLD 2000-FSC Page 1 Dismissed as withdrawn on Appeal has not 4.12.1995 filed. Disposed of on 18.9.2007 in Appeal has not compliance with the filed. judgment and order of the Shariat Appellate Bench of Supreme Court reported in PLD 2000 SC 762(S.P.No.22L-1992) Withdrawn on 27.5.2008 Appeal has not filed.
107 1.
107 2.
Disposed of on 5.1.2000 in Appeal has not terms of the judgment filed. delivered in S.P.No.29-I1993. PLD 2000-FSC Page 1
107 3. 107 4.
Disposed of on 5.1.2000 , as Appeal has not the reason recorded in the filed. detailed judgment of even date in S.P.No.29-I-93 Disposed of on 18.9.2007 Same order as in S.P.No.22/L of 1992 (in compliance with the judgment and order of the Shariat Appellate Bench of Supreme Court reported in PLD 2000 SC 762) Dismissed in limine on 12.12.1995 for want of jurisdiction Appeal has not filed.
107 5.
217 107 6. S.P.No.9/L/1995 Haji Zulfiqar Ali Vs. National Industrial Finance Corporation etc Praying that under section 4(2) the provisions of Cooperative Societies Act, 1952 and the corresponding provisions any other law relating to the recovery of interest on loan any form may kindly be declared as repugnant to the injunctions of Islam Pakistan Army Act, Pakistan Navy Ordinance and Pakistan Air force Act Dismissed in limine 03.12.1995 for want jurisdiction on Appeal has not of filed.
107 7.
S.P.No.9/I/1995 Col. Muhammad Akram (Retd) Vs. Federation of Pakistan Linked with S.P.No.10/I/1995 Col. Muhammad Akram (Retd) Vs. Federation of Pakistan etc
Dismissed as withdrawn on Appeal has not 29.11.1995 , to file a review filed. petition
107 8.
S.P.No.10/I/1995 Col. Muhammad Akram (Retd) Vs. Federation of Pakistan etc Linked with S.P.No.9/I/1995
107 9.
Sh.P.No.10/L/1995 Ch.Abdul Rehman Vs. Federal Government of Pakistan S.P.No.11/I/1995 M.Khokab Iqbal etc Vs. Federation of Pakistan and another Linked with S.P.No.12/I/1995 M.Khokab Iqbal etc Vs. Federation of Pakistan and another
108 0.
Absence of provisions in Pakistan Army Act Rules for announcing finding and the sentence to the accused person in the Open Court, soonest after the Court decides about it and records it. Absence of provisions in Pakistan Army Act Rules for announcing finding and the sentence to the accused person in the Open Court, soonest after the Court decides about it and records it. Challenged the provisions of section 34 of the Drug Act 31 of 1976 as repugnant to the injunctions of Islam. The Presidents Pensions (amendment) Ord: 1994
Same Sh.P.NO.9/I/1995
Order
Dismissed as withdrawn on Appeal has not 29.11.1995 , to file a review filed. petition Same Order Sh.P.NO.9/I/1995
Dismissed on 26.1.1999 Appeal has not without any substance. PLJ filed. 2001,FSC Page 33
Dismissed on 12.9.2000 as Appeal has not no specific verse from Holy filed. Quran or Hadith in support of the contention raised in the petition have been relied upon in support thereof Dismissed on 12.9.2000 as no specific verse from Holy Quran or Hadith in support of the contention raised in the petition have been relied upon in support thereof
The Presidents Pensions (amendment) Ord: 1994
108
S.P.No.12/I/1995 M.Khokab Iqbal etc
The Presidents Pensions
Dismissed on 12.9.2000 as Appeal has not no specific verse from Holy filed.
218 Vs. Federation of Pakistan and another Linked with S.P.No.11/I/1995 108 2. Sh.P.No.13/I/1995 Syed Muhammad Jamal-ud-Din Kazmi Vs Federation of Pakistan S.P.No.15/I/1995 Munsif Khan Vs. Federal Govt: S.P.No.16/I/1995 Iqbal Ali Zaidi Vs. Secy: M/O Law Islamabad S.P.No.17/I/1995 Syed Shakhoul Hassan Vs. Federation of Pakistan and another S.P.No.18/I/1995 Mehdi Hassan & Sardar Ahmed Abidi Adv. Vs. Federation of Pakistan S.P.No.19/I/1995 Qutabuddin Vs. Govt. of Pakistan S.P.No.20/I/1995 Nawab Industries Vs. Federation of Pakistan S.P.No.21/I/1995 Qari Khurshid Ahmad Vs. Federation of Pakistan S.P.No.22/I/1995 Bashir Ahmad Vs. ADBP and another S.P.No.23/I/1995 Abdur Rab Jafari and others Vs. President of Pakistan and others (amendment) Ord: 1994 Quran or Hadith in support of the contention raised in the petition have been relied upon in support thereof.
Challenged Section 7 of Oaths Act, 1873 (Hereinafter called The Act) is Repugnant to the Injunctions of Islam. Section 4 of the Muslim Family Laws, Ord: 1961 Personal grievance
108 3. 108 4. 108 5.
Dismissed. The Court has not found any substantive in the petition and present form of Oath is not at all repugnant to the Quran and Sunnah. Judgment dated; 8-5-2009. PLD 2010 FSC-Page-221. Disposed of on 5.1.2000 in terms of detailed judgment of even date recorded in S.P.No.29/I-1993 PLD 2000FSC Page 1 Dismissed in limine on 3.12.1995
Personal grievance
in limine for want
108 6.
Section 4 of the Muslim Family Laws, Ord: 1961
Disposed of on 5.1.2000 in Appeal has not terms of detailed judgment filed. of even date recorded in S.P.No.29/I-1993 PLD 2000FSC Page 1 Disposed of on 5.1.2000 in terms of detailed judgment of even date recorded in S.P.No.29/I-1993 PLD 2000FSC Page 1 Dismissed in limine on 3.12.1995 as the matter agitated in this petition is a personal grievance Appeal has not filed.
108 7. 108 8. 108 9.
Section 4 of the Muslim Family Laws, Ord: 1961 Section 8(2) of Banking Companies (Recovery of Loans) Ordinance Section 4 7 of the Muslim Family Laws, Ord: 1961
Appeal is notFiled in the Supreme Court
Disposed of on 5.1.2000 in Appeal has not terms of detailed judgment filed. of even date recorded in S.P.No.29/I-1993 PLD 2000FSC Page 1 Dismissed on 30.6.1997 as Appeal has not no one has appeared before filed. the Court Dismissed 31.3.1998 jurisdiction in limine for want on Appeal has not of filed.
109 0. 109 1.
Personal grievance
Article 2-62 and 63 of the Constitution of Islamic Republic of Pakistan (Regarding Oath of Office)
1996
219 S. No. Shariat Petition No. & Party Names Law Challenged Appeal filed in the Hon.Suprem e Court of Pakistan or not with Status Disposed of as withdrawn on Appeal has not 30.6.1997, in view of the filed. repeal of law which has been questioned through this petition. Disposed of on 5-1-2000 in Not Filed in term of detailed Judgment of Supreme even date recorded in Court. S.P.No.29/I/1993 PLD 2000FSC Page 1 Disposed of on 5-1-2000 in Not Filed in term of detailed Judgment of Supreme even date recorded in Court. S.P.No.29/I/1993 PLD 2000FSC Page 1 Dismissed in limine on 8.6.1998 with observation that provision of HBFC Act, 1952 and HBF Regulation 1979 has also been examined by this Court in Muhammad Iqbal Chaudhry Advocate Vs. Federation of Pakistan & others reported in PLD 1992 FSC Page 501 Dismissed. The Court has not found any force in this petition. Judgment dated; 31-7-2001 Appeal has not filed. FSC Decision
109 2.
109 3.
S.P.No.1/I/1996 Syed Iqbal Ali Zaidi Vs. Secy. M/o Law, Islamabad. L/W S.P.No.61/I/1991 S.P.No.2/I/1996 Dost Muhammad Vs. Federal Government of Pakistan S.P.No.3/I/1996 Muhammad Siddique Vs. Federation of Pakistan Sh.P.No.01/L/1996 Muhammad Ishaq Vs. HBFC etc
Sec.8(2),8(2)(a) of Banking Companies (Recovery of Loan)Ordinance,197 9 The petitioner has challeneged section 6 of the Muslim Family Laws Ordinance 1961 being against the injunction of Islam. The petitioner has challeneged section 4 of the Muslim Family Laws Ordinance 1961 being against the injunction of Islam. HBFC Act regarding recovery of interest challenged being repugnant to injunctions of Islam.
109 4.
109 5.
109 6.
109 7.
109 8. 109 9.
Against the presumption and inferences drawn in the judgment Passed by Supreme Court of Pakistan in Cr. Appeal No.11 of 1978(Zulfiqar Ali Bhutto Versus The State) Rew.Sh.P.No.1/K of Challenged the 1996 Court Judgment Sohail Hameed dated 13-10-1983 Vs on Suo-Moto Federation of Examination of Pakistan Pakistan Army Act, 1952 and to declare sections 24(a) and (b) as repugnant to the Inunctions of Islam. Sh.P.No.02/L/1996 Interest Act, 1839 Noor Muhammad Vs. and ADBP Rule ADBP etc. 1961 challenged being repugnant to injunctions of Islam. Sh.P.No.2/K/1996 Challenged the Nawab Syed requirement of Khurshid Hyder Rizvi Photographic of the Vs female of Citizen of
Sh.P.No.1/K/1996 Sohail Hameed Vs Federation of Pakistan
Dismissed the petition has Appeal has not been filed 90 day barred by filed. time. The unexplained inordinate delay in coming to this Court by itself is also a sufficient ground no to entertain this petition which has been found otherwise also without merit. Judgment dated; 17-11-1998 Dismissed for non- Appeal has not prosecution on 30.6.1997. filed.
Dismissed in limine. Appeal not 1. The Petitioner has died. filed 2. The Court has already been examined this matter
220 Government of Pakistan Pakistan for NIC for the purpose of issue of Passport. That a affixation to photographs of a woman on NIC or passport as repugnant to the Injunctions of Islam. Section 4 to 7 of Muslim Family Law Ord. 1961 challenged being repugnant to injunctions of Islam Recovery of bank interest from petitioner (personal grievance regarding recovery of interest) challenged being repugnant to injunctions of Islam. Sec.4 of Muslim Family Laws Ord.1961 reported in PLD 1982-FSCpage 36. Order dated; 8-5-2000.
110 0.
S.P No.02/P/1996 Roghani Gul Vs. Fed: of Pakistan Sh.P.No.03/L/1996 M/S Waqas Cloth House etc. Vs. N.B.P.L etc
Disposed of on 5.1.2000 interm of datiled judgement of even date recorded in Shariat petition 29/I/1993. PLD 2000-FSC Page 1
110 1.
Dismissed for non- Appeal has not prosecution on 30.6.1997. filed.
110 2.
S.P.No.4/I/1996 Muhammad Mushtaq Vs. Federation of Pakistan Sh.P.No.04/L/1996 Rehmani Hardwar Store & others Vs. N.B.P.L
Disposed of 5.1.2000 in Appeal not terms of the said judgment filed delivered in S.P.No.29-I-1993 PLD 2000-FSC Page 1 Having no merits dismissed in limine on 8.6.1998 as the Court had already dealt with the controversy about the Riba aginst the injunctions of Islam vide PLD 1992 FSC 1 (Dr. Mehmood-ur-Rehman Faisal Vs. Secretary Ministry of Law & Justice). Dismissed for nonprosecution on 7.7.1997 Appeal has not filed.
110 3.
Recovery of bank interest from petitioner (personal grievance regarding recovery of interest) challenged being repugnant to injunctions of Islam. General Order by the Governor General in Council No.179
110 4.
S.P.No.5/I/1996 Mrs. Marry-el-Effendi Vs. Fed. Govt. of Pakistan and another Sh.P.No.05/L/1996 Shaikh Azmat Ali etc. Vs. Govt. of Pakistan etc. S.P.No.6/I/1996 Mubarak Khan etc Vs. Federal Govt. of Pakistan Sh.P.No.06/L/1996 Abdul Bari Vs. ADBP & others
Appeal not filed
110 5. 110 6. 110 7.
Section 4 of Land Acquisition Act, 1894 challenged being repugnant to injunctions of Islam. Sec.4 of the Muslim Family Laws Ord.19961 Recovery of bank interest from petitioner (personal grievance regarding recovery of interest) challenged being repugnant to injunctions of Islam. Notification No.F.2(10)ADG (R & R)/78 dated 1.12.1992 issued by M/o religious Affairs
Disposed of as not pressed Appeal has not on 09.6.1998. filed.
Disposed of 5.1.2000 in Appeal not terms of the said judgment filed delivered in S.P.No.29-I-1993 PLD 2000-FSC Page 1 Dismissed in limine having Appeal not no merits on 30.6.1997 as filed the Court had already decided the subject matter of this law vide PLD 1992 FSC 1 Dismissed for non- Appeal not prosecution on 18.11.1998 filed
110 8.
S.P.No.7/I/1996 Muhammad Usman Ali Vs. Govt. of Pakistan
221 regarding correct spelling of word Mohammed (S.A.W) HBFC Act, 1952 and its regulations thereunder 1979 challenged being repugnant to injunctions of Islam. Personal relief
110 9.
111 0. 111 1.
Sh.P.No.07/L/1996 Shah Zaman Haider Gurmani Vs. Federation of Pakistan S.P.No.8/I/1996 Rukhshanda Zareen Miraj Munir Vs. Govt. of Pakistan Sh.P.No.08/L/1996 Muhammad Rafi etc. Vs. Federation of Pakistan etc. S.P.No.9/I/1996 Shahid Aurak Zai Vs. The State
Dismissed in limine vide Court order dated 30.6.1997 as the Court had already examined these laws reported as PLD 1992 FSC 501. Dismissed on 7.7.1997 for want of jurisdiction
Appeal not filed
Section 163 of Qanoon-e-Shahadat of 1984 challenged being repugnant to injunctions of Islam.
111 2.
111 3.
Sh.P.No.09/L/1996 M/S Abdul Shakoor Salim & Co. Vs. N.B.P.L etc.
111 4. 111 5.
S.P.No.10/I/1996 Mehdi Hassan Musa Vs. Federation of Pakistan Sh.P.No.10/L/1996 Asghar Ali Vs. ADBP etc.
111 6. 111 7. 111 8.
S.P.No.11/I/1996 Khalil Ahmad Vs. Federation of Pakistan S.P.No.12/I/1996 Muhammad Nawaz Vs. ADBP S.P.No.13/I/1996 Syed Niaz Hussain Shah Vs. Federation of Pakistan and another
Petition was dismissed in limine on 9.6.1998 as counsel for the petitioner could not refer any Ayat of Quran or Hadith which could be made the basis of a declaration of the said law. Challenged varies of Dismissed on 28.3.2002 for judgment dated want of jurisdiction 24.3.1996 by a Full Bench of Hon. S .C, in al-Jihad Trust Vs. Federation of Pakistan Section 8(2) (3) of In view of the decision of this Banking Companies Court in Dr. Mehmood-ur(Recovery of Loans) Rehman Faisal Vs. Secretary Ordinance, 1979 Law and Justice vide PLD regarding recovery 1992 FSC page 1, petitioner of interest did not press this petition challenged being and withdrew the same on repugnant to 8.6.1998. injunctions of Islam. Sec.4 of Muslim Disposed of 5.1.2000 in Family laws terms of the said judgment Ord.1961 delivered in S.P.No.29-I-1993 PLD 2000-FSC Page 1 Recovery of bank In view of the decision of this interest from Court in Dr. Mehmood-urpetitioner (personal Rehman Faisal Vs. Secretary grievance) Law and Justice vide PLD regarding recovery 1992 FSC page 1, petitioner of interest did not press this petition challenged being and withdrew the same on repugnant to 8.6.1998. injunctions of Islam. Sec.4 of Muslim Disposed of 5.1.2000 in Family laws terms of the said judgment Ord.1961 delivered in S.P.No.29-I-1993 PLD 2000-FSC Page 1 Against Interest
Appeal not filed
Appeal not filed Appeal has not filed.
Appeal not filed
Disposed of as withdrawn on Appeal has not 19.5.1999 filed. Disposed of 5.1.2000 in Appeal has not terms of the said judgment filed. delivered in S.P.No.29-I-1993 PLD 2000-FSC Page 1
Sec.4 of Muslim Family laws Ord.1961
1997
222 S. No. Shariat Petition No. & Party Names Law Challenged Appeal filed in the Hon.Suprem e Court of Pakistan or not with Status Dismissed. The Court has no Appeal has not jurisdiction to Entertain and filed. here this petition. Order dated; 15-6-1999 FSC Decision
111 9.
Sh.P.No.1/I/1997 Saleem Mehmood Chehl Vs President of Pakistan Sh.P.No.01/L/1997 Mufti Ghulam Sarwar Qadri Vs. Federation of Pakistan etc. Linked With Cr.Misc.No.04/I of 1997 S.P.No.01/BL/1997 Habibullah Vs. Muhammad Aslam Rizvi
112 0.
Challenged that the creation existence and constitution of Federal Shariat Court declared as repugnant to the Injunctions of Islam. Article 91 of Constitution of Pakistan and rule of a woman challenged being repugnant to injunctions of Islam. Fatwa regarding declaring Habibullah as nonMuslim on the ground that he used contemptuous remarks about the Holy Prophet (P.B.U.H) challenged being repugnant to injunctions of Islam The petitioner has challenged the decision of the Government declaring Sunday Weekly Holiday instead of Jumma vide Notification No. 3/4/97 public dated 24-2-1997. Challenged Section 19(3) of the Income Tax Ordinance, 1979. (Exemption of Rent in respect of self owned House). Marriage (Prohibitions of Wasteful Expenses) Ord. 1997 challenged being repugnant to injunctions of Islam The Banking Companies (Recovery of Loan, Advance, Credit and Finance) Act, 1997, Banking Companies Ord. 1984 regarding recovery of interest challenged being
Dismissed having no Appeal has not jurisdiction on 17.2.2000. filed.
112 1.
The fatwa does not come Appeal not under the definition of law as filed such it is out of jurisdiction of this court and disposed of as such vide order dated 19.2.1997
112 2.
Sh.P.No.1/K/1997 Masood Ali Rizvi Vs Government of Pakistan etc
Dismissed in limine on Appeal not 30.7.2001 as this Court filed cannot declare the decision of observance of Sunday as public Holiday void and repugnant to injunctions of Islam.
112 3.
112 4.
Sh.P.No.2/I/1997 Mushtaq Ahmed Vs The Ministry of Law etc Linked With Sh.P.No.3/I/1997 Sh.P.No.2/K/1997 Syed Iqbal Haider Vs The Federal Government of Pakistan Sh.P.No.02/L/1997 M/S Jasam Col Industries Pvt. Ltd Vs. I.D.B.P
Dismissed. Appeal has not The entire income Tax filed. Ordinance has been repealed. Order dated; 6-6-2007. Disposed of as having Appeal not become infructuous. filed Order dated; 6-12-1999
112 5.
Dismissed in limine as well Appeal has not as on merit as the Banking filed. Companies Ord. 1984 has been rendered infructuous in view of the repeal of said ordinance vide Court order dated 30.6.1997.
223 repugnant to injunctions of Islam. Challenged Section 19(3) of the Income Tax Ordinance, 1979. (Exemption of Rent in respect of self owned House). HBF Ord. challenged being repugnant to injunctions of Islam. Challenged Section 25(2) (a) and (b) of Banking companies Ordinance 1962, Section 8(2) (a) and (b) of Banking Companies (Recovery of Loans) Ordinance 1979. Rule 9(2) & 3 of Banking Companies rules 1963. Rule 9 Banks (Nationalization) payments compensation rules 1974 section 79 and 80 of Negotiable instrument act 1881 are repugnant to the Injunctions of Islam. Section 4 of Muslim Family Law Ord. 1961 challenged being repugnant to injunctions of Islam.
112 6.
112 7. 112 8.
Sh.P.No.3/I/1997 Abdul Hameed Khan Vs The Ministry of Law etc Linked With Sh.P.No.2/I/1997 Sh.P.No.03/L/1997 Nazir Ahmed Vs. General Manager HBFC etc. Sh.P.No.4/I/1997 Muhammad Azam Khan Vs Federation of Pakistan
Dismissed. Appeal has not The entire income Tax filed. Ordinance has been repealed. Order dated; 6-6-2007. Disposed of as withdrawn Appeal not 30.6.1997. filed
Dismissed in limine. Appeal not The Court observes that no filed such relief can be allowed by this Court. Order dated; 30-6-1997.
112 9.
Sh.P.No.04 /L/1997 Mst. Sharifan etc. Vs. Federation of Pakistan etc.
113 0.
Sh.P.No.05/I/1997 Muhammad Anwar Mughal Vs Government of Pakistan Sh.P.No.05/L/1997 Hafiz Ubaid-urRehman Vs. Government of Pakistan
113 1.
Challenged Civil Servant Medical Attendance Rules 1980 para 2(d) whereby only one wife has been made entitled for medical Treatment. Paragraph No.7, 8, 10, 13, 14, 15, 17 to 19 of the West Pakistan Land Reforms Regulation, 1959 (MLR-64) and sub para 2(d) of para 32 of Lands Reform Regulation, 1972 (MLR-115) challenged being repugnant to injunctions of Islam.
Disposed of on 5.1.2000 in view of the detailed judgment passed in S.P.No.29-I/1993 reported in PLD 2000 FSC page 1 with observation that section 4 of Muslim Family Law Ord. 1961, as presently enforced, is repugnant to the injunctions of Islam. Disposed of as withdrawn. The matter has already been decided by Supreme Court of Pakistan. Order dated; 10-12-1997
Appeal not filed
Disposed of by the consent Appeal has not of parties and by way of filed. withdrawal on 28.2.2007
224 113 2. Sh.P.No.6/I/1997 Dr. M.Aslam Khaki Vs Federation of Pakistan Sh.P.No.06/L/1997 Bashir Ahmed Vs. Government of Punjab Linked with 40/L/1992 Sh.P.No.7/I/1997 Abdul Ghafoor & another Vs Government of Pakistan Along with Sh.Misc.App.No.26/I of 1997 113 5. Sh.P.No.07/L/1997 Ghulam Fatima etc. Vs. Muhammad Hussain etc. Application for restoration of appeal. Deprivation of right from inherent Property challenged being repugnant to injunctions of Islam. Dismissed for nonprosecution. Order dated; 31-3-1998. Honble Court has dismissed this petition in limine and held that the petition in essence is for the grant of relief in personam which again is beyond the ambit of jurisdiction of this Court as vested in it by the Constitution vide court order dated 9.6.1998. Disposed of as withdrawn. Order dated; 9-7-1997. Challenged Section 10(2) of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979. Challenged Section 5 and 6 of Punjab Tenancy Act 1887 be declared repugnant to the injunctions of Holy Quran and Holy Sunnah. Challenged Section 15 of Punjab Preemption Act, 1991. Disposed of as withdrawn Appeal not because the Woman filed protection Act, 2006 has been made. Order dated; 07-05-2008. Dismissed as withdrawn on Appeal has not 16.2.2000. filed.
113 3.
113 4.
Dismissed for non- Appeal not prosecution. filed Order dated; 9-12-1997
113 6.
Sh.P.No.8/I/1997 Nazar S. Bhatti Vs Government of Pakistan
113 7. 113 8. 113 9.
Sh.P.No.08/L/1997 Muhammad Yasin etc. Vs. A.D.B.P & others Sh.P.No.9/L/1997 Muhammad Ashiq Vs ADBP etc Sh.P.No.10/I/1997 Muhammad Amir & others Vs Government of Pakistan
The petitioner is a Christian has contended that the Islamic laws implemented in Pakistan have been made applicable to non-Muslims which adversely affect their religious and personal Law. Recovery of interest on loan challenged being repugnant to injunctions of Islam. Recovery of interest on loan challenged being repugnant to injunctions of Islam. Section 4 of Muslim Family Laws Ordinance, 1961.
Appeal not filed
Disposed of as withdrawn on Appeal not dated 8-6-1998. filed The Court has declared that Appeal has not the Muslim Family Laws filed. Ordinance, 1961 are repugnant to the Injunction of Islam and it is directed that the president of the Islamic Republic of Pakistan shall take steps to amend the law so as to bring the above provisions into conformity with the injunctions of Islam.
225 Judgment dated; 05-012000. PLD 2000-FSC Page 1 Disposed of as withdrawn on Appeal not 8.6.1998 filed Disposed of as having Appeal has not become In fructuous. filed. Order dated; 6-12-1999.
114 0. 114 1.
Sh.P.No.10/L/1997 Mst. Sharam Mahi Vs ADBP Sh.P.No.12/I/1997 Dr. Muhammad Yaqoob Bhatti Vs Government of Pakistan L/W S.P.No.2/K/1997.
114 2.
114 3.
Sh.P.No.13/I/1997 Muhammad Nawaz Baluch Vs Government of Pakistan etc Sh.P.No.15/I/1997 Syed Zakir Hussain Shah Vs Federation of Pakistan
Recovery of interest on loan challenged being repugnant to injunctions of Islam. An applications have been submitted by cooks working in various marriage halls have challenged Sections 4(1), 5, 6 & 7 of the marriage (prohibition of wasteful Expenses) Ordinance, 1997. Challenged Section 160 of the Pakistan Air Force Act, 1953.
114 4.
114 5.
Sh.P.No.16/I/1997 Sajjad Ahmed Javed Bhatti Vs Federation of Pakistan Sh.P.No.17/I/1997 Mr. Kowkab Iqbal Vs Government of Pakistan Sh.P.No.18/I/1997 Maulana Muhammad Afzal Vs The State Sh.P.No.20/I/1997 Muhammad Rasheed Vs Federal Government of Pakistan Sh.P.No.21/I/1997 Amir Alam Notikani Vs Government of Punjab
Challenged Sections 5, 10, 13, 14 and Sub Sections (1),(2), (5),(7) of Section 19 Section 22, Sub Sections (1),(3),(4), (5),(8) of Section 25, Section 26, 30, 31, 32, 38, 39 & the schedule of the Anti-Terrorism Act, 1997 Challenged Section 2(16) and Section 4 of the Wealth Tax Act, 1963. Challenged Section 7(4) Contempt of Court Act, 1976.
114 6. 114 7.
Challenged Section 3 of Contempt of Court Act, 1976. Challenged Rule (41) and (8-vi) section 7-A Federal Public service Commission Ord. 1977. Challenged the letter No. Punjab Agricultural Development & Supplies Corporation/9064/D M-RYK /3353-57 dated 3-10-1997 (payment of Markup an L.D charges
Dismissed for nonprosecution. This Court has already been examined this point on 12-10-1983 in his Judgment. Order dated; 12-2-2002. Dismissed for nonprosecution Order dated; 9-12-1999. Dismissed in limine. This Court observes that the system of FPSC is not repugnant to the Injunctions of Islam. Order dated; 8-12-1997. Disposed of as withdrawn. Order dated; 23-6-1998.
114 8.
226 114 9. Sh.P.No.22/I/1997 Raja Muhammad Afzal Vs Government of Pakistan Sh.P.No.23/I/1997 Malik Abdur Rehman Vs Government of Pakistan (relating Interest)). Application against the Election of President. Disposed of drawn.7.1.1998 as with Appeal has not filed.
115 0.
Petitioner who was the candidate for the president Election of Pakistan has filed petition against the rejection is nomination paper by the Chief Election Commission.
1998
S. No. Shariat Petition No. & Party Names Law Challenged Appeal filed in the Hon.Suprem e Court of Pakistan or not with Status Dismissed in limine on dated Filed in the 28-3-2000. Supreme Court of Pakistan and dismissed as with drawn on 4.11.2004. FSC Decision
115 1.
S.P.No.1/I/1998 Raja Muhammad Afzal Vs. Chief Election Commissioner etc
115 2.
Sh.P.No.1/L/1998 Khalid Iqbal Vs. The Secretary, Ministry of Law etc Sh.P.No.01/K/1998 Burhanuddin Pathan Vs. ADBP etc.
115 3.
Article 41(3) and Article 1 to 22 constitution Islamic Republic of Pakistan regarding president of Pakistan. Petitioner praying that the Honble Court may kindly be declared the Article 47 (1 to 8) Article 248(1 to 4) is being repugnant to the Injunctions of Islam. Challenged section 4 of Muslim Family Laws Ordinance, 1961 being repugnant to injunctions of Islam. Provisions of ADBP Ord. 1961 regarding recovery of interest challenged being repugnant to injunctions of Islam. Pakistan Air Force Act, 1953 regarding dismissal from service challenged being repugnant to injunctions of Islam. Challenged section 4 of Muslim Family Laws Ordinance, 1961 being repugnant to injunctions of Islam.
Disposed of on 5.1.2000 in Appeal has not the terms of the judgment filed. delivered in S.P.No.29/I-1993 PLD 2000 FSC Page 1 Dismissed as withdrawn on 19.11.1998. The Honble Court has already examined this law in the case of Mehmood-ur-Rehman Faisal Vs. Secretary Law & Justice reported as PLD 1992-FSC 1 Dismissed as withdrawn on 11.3.1999 Appeal has not filed.
115 4.
S.P No.01/P/1998 Farooq Ahmed Vs. Fed: of Pakistan Sh.P.No.2/L/1998 M.Ghulam Hussain Sial Vs. Federal Govt: of Pakistan Sh.P.No.2/I/1998 Pirzada Iftikhar
Appeal not filed
115 5.
Disposed of on 5.1.2000 in Appeal not the terms of the judgment filed delivered in S.P.No.29/I-1993
115
The petitioner has challenged to
The Honble S/Court Shariat Appeal has not appellate Bench has already filed.
227 Ahmad Vs... Govt. of Pakistan Linkedwith S.P.No.4/I/1995 M.Kokab Iqbal etc Vs. Govt: of Pakistan Linkedwith
setaside discrimination between old and new persioners.
decided in Fedeation of Pakistan Vs. I.A.Shearwani and 3 others reported in 2005 SCMR,292- against the Judgement dt.14.10.1992 of the FSC, in view of the decision of the Hon:S.Court this petition has be came infructuous and dispoed of accordingly 12.9.2007.
S.P.No.25/I/1994 I.A.Sherwani Vs. Government of Pakistan Linkedwith S.P.No.27/I/1994 Ex. Service Men Association Talagang Vs.. Government of Pakistan Linkedwith S.P.No.28/I/1993 I.A.Sherwani Vs.. Government of Pakistan
115 7.
S.P.No.3/I/1998 Z.A. Sheikh Vs. Government of Pakistan
115 8.
Sh.P.No.3/L/1998 Rana Sardar Ahmad Vs. Federation of Pakistan and another
Personal grievance regarding sale of price bond Numbers. Petitioner praying that the Honble Court may kindly be declared as being repugnant to the Injunctions of Islam. Recovery of interest on loan challenged being repugnant to injunctions of Islam.
Disposed of on dated 6-12- Appeal has not 1999. filed.
115 9.
S.P.No.4/I/1998 Raja Muhammad Afzal Vs. Justice Syed-uZaman Siddique
Regarding oath of Supreme Court Judges Article 178, Article 203(B) (C) constitution of Islamic republic of
Dismissed in limine on 8.6.1998. The court has observed that the provisions of the House Building Finance Corporation Act (Act XVIII of 1952) and House Building Finance Regulation, 1979 have also been examined by this court in M.Iqbal Chaudhry, Advocate High Court Vs. Federation of Pakistan and others reported as PLD 1992 FSC 501. Dismissed in limine on dated 28-3-2000.
Appeal not filed
Appeal not filed
228 116 0. Sh.P.No.4/L/1998 Muhammad Irshad Vs. ADBP etc Pakistan. Recovery of interest on loan challenged being repugnant to injunctions of Islam. Disposed of as withdrawn on 8.6.1998, in view of the decision of this Court in Dr.Mehmood-urRahman Faisal Vs. Secty: Ministry of Law, Justice and Parliamentary Affair, Govt: of Pakistan and other reported as PLD 1992 FSC page 1. Dismissed on dated 24-61998. Appeal not filed
116 1.
S.P.No. 5/I/1998 Abdul Hadi Vs. Suleman Bhatti etc
Personal grievance regarding Civil Suit.
116 2.
S.P.No.5/L/1998 Dr. Abdul Basit Vs. Government of Pakistan etc
116 3.
116 4.
S.P.No.6/I/1998 Muhammad Ilyas Farooq Bhatti Vs. Federation of Pakistan S.P.No.6/L/1998 Ghulam Hussain Vs. Muhammad Iqbal etc
Challenged the reservation of seats in the National and Provincial Assembly for so called Ahmadis Group as mentioned in Article 51(2-A) and article 106(3) of the Constitution being repugnant to the injunctions of Islam Regarding Interest of House Building Finance Corporation. The Petitioner has challenged that the mother and daughter cannot consumed with one husband (respondent) seeking prosecution and punishment of respondent. Challenged Article 151(4) of the Qanoon-e-Shahadat Order 1984. Hiba- Bill-Sharat-UlIwaz is repugnant to the injunctions of Islam. Regarding recruitment rules notified vide SRO42(KE)/88 dated 264-1988.issued by the establishement division Recovery of interest with markup on
Appeal in filed in the Supreme Court of Pakistan and dismissed on dated 27-22004 Dismissed on 17.2.2000 for Appeal filed in want of jurisdiction. the Honble Supreme Court of Pakistan and dismissed for Nonprosecution on dated 18-122005. Disposed of on dated 23-6- Appeal not 1998. filed
Dismissed as withdrawn on Appeal has not 26.1.1999, so as to avail of filed. the remedy before the High Court.
116 5.
116 6.
116 7.
Sh.P.No.7/I/1998 Capt,(Retd)Mukhtar Ahmed Sheikh Vs The Government of Pakistan Sh.P.No.7/L/1998 Mian Ghulam Murtaza Vs. Federation of Pakistan S.P.No.8/I/1998 Humayun Iqbal Shami Vs. Federation of Pakistan Sh.P.No.8/L/1998 M.S Ali Cotton
Allowed.11.2.2009 This court has declared that Article 151(4) of the Qanoone-Shahadat Order 1984. Judgment SD 2009 Page 594 , PLD 2009 FSC Page 65 Dismissed for non prosecution on 25.7.2007.
Appeal has filed in SC. Pending
Dismissed 2000.
116
9-10- Appeal is filed in the Supreme Court of Pakistan and dismissed on dated 11.5.2009.. Disposed of as withdrawn on Appeal has not 27.1.1999, so as to avail the filed.
on
date
229 Factory etc Vs. National Bank of Pakistan etc 116 9. 117 0. S.P.No.9/I/1998 Abdul Majeed Abbasi Vs. Government of Pakistan Sh.P.No.9/L/1998 Muhammad Ahmad Vs. ADBP etc loan challenged being repugnant to injunctions of Islam. Challenged citizenship Laws regarding Quadianis. To declare the provisions of interest Act, 1839 and ADBP Rules 1961 as repugnant to the injunctions of Islam. Section 4 of Muslim Family Laws Ordinance, 1961. remedy of stay of the recovery before the court before which the proceedings are now pending in appeal. Dismissed for non- Appeal not Prosecution on dated 17-5- filed 1999. Disposed of as withdrawn on Appeal has not 27.1.1999, so as to avail the filed. remedy before an appropriate court
117 1.
117 2.
117 3.
117 4.
S.P.No.10/I/1998 Muhammad Ashraf Qureshi & another Vs. Federation of Pakistan Sh.P.No.10/L/1998 Mustafa Yousaf Vs. Small Business Finance Corporation etc S.P.No.11/I/1998 Muhammad Ashraf Qureshi & another Vs. Federation of Pakistan Sh.P.No.11/L/1998 Pervaiz Iqbal Vs. General Manager Punjab Provincial Co-Operative Bank Limited and two others
Disposed of on dated 5-1- Appeal not 2000. Detail Judgment filed regarding Family Laws in sh.P.No.29/I-1993,PLD 2000 FSC Page 1 Disposed of as withdrawn on Appeal has not 28.1.1999, so as to avail the filed. remedy before an appropriate forum i.e. the High Court Disposed of on dated 5-1- Appeal not 2000. Detail Judgment filed regarding Family Laws in Sh.P.No.29/I-1993. PLD 2000 FSC Page 1 Disposed of as having not Appeal has not been pressed on 17.5.1999, filed. in view of judgment of this Court delivered in the case of Dr.Mehmood-ur Rahman Faisal Vs. Secty: Ministry of Law and Justice reported as PLD 1992 FSC 1 whereby the interest on the loans from Co-operative banks has inter-alia been held to be opposed to the injunctions of Islam. The petition cannot proceed. Appeal not The same is consigned to filed record on dated 29-4-2004.
Recovery of interest with markup on loan challenged being repugnant to injunctions of Islam. Section 7 of Muslim Family Laws Ordinance, 1961.
Under Article 203-D Islamic Republic of Pakistan challenging, 1973 Article 2, 2-A, 24, 31, 37 and 38 (F) praying therein that protection fo property (Recovery of interest) with markup on loan challenged being repugnant to injunctions of Islam. Section 12, 2, 4 and 5 of the Child Marriage Restraint Act, 1929 Recovery of interest with markup on loan challenged being repugnant to injunctions of Islam. Muslim Family Laws Ordinance, 1961 as being repugnant to the Injunctions of Islam. Praying for declaration that the
117 5.
117 6. 117 7. 117
S.P.No.12/I/1998 Muhammad Ashraf Qureshi & another Vs. Government of Pakistan Sh.P.No.12/L/1998 Mirza M.Yasin Vs. NBP of Pakistan and the State S.P.No.13/I/1998 Muhammad Bashir Vs. Federation of Pakistan Sh.P.No.13/L/1998 Shamim Ahmad
Disposed of as withdrawn on Appeal has not 28.1.1999, so as to avail the filed. remedy before an appropriate forum. Disposed of withdrawn on Appeal not dated 17-5-1999. filed
Disposed of as withdrawn on Appeal has not 28.1.1999, so as to avail the filed.
230 Khan Vs. Federation of Pakistan etc rules framed by the Government with regard to the benefit of the deceased officers are against the Holy Quran, Sunnah and Islam. Section 11, 8, 40, 21, 22, 30, 34 and 56 of Frontier Crime Regulation 1901 as being repugnant to the Injunctions of Islam. Section 4, 5, 8 and 10 of Pakistan citizenship Act, 1951being repugnant to the Injunctions of Islam. Section 34 of the Land acquisition Act, 1894 being repugnant to the Injunctions of Islam. Ethesab Act IX of 1997 being repugnant to the Injunctions of Islam. Petitioner prayed that Khula without the consent of the husband having force of Law through Judicial preachment in repugnant to the Injunctions of Islam. Article 2-B Shariat Bill as being repugnant to the Injunctions of Islam. Para 27 Judgment of Federal Shariat Court dated 26-61990 in Criminal Suon moto No. 18/K of 1990 State Vs. Anwar Challenged Section 27(B) of Banking Company Ordinance, 1962. Regarding sale Tax reduces from 18% to 12.5% vides SRO No.561(1)/94,dt.9.6. 1994. Regarding Services Rule. remedy before appropriate forum an
117 9.
S.P.No.14/I/1998 Haji Zardul Khan Vs. Government of Pakistan S.P.No.15/I/1998 Copt(R) Mukhtar Ahmed Sh. Vs. Government of Pakistan S.P.No.16/I/1998 OGDC Vs. Federation of Pakistan S.P.No.20/I/1998 Senator Asif Ali Zardari Vs. Federation of Pakistan S.P.No.21/I/1998 Saleem Mirza Vs. Federation of Pakistan
Disposed of withdrawn on Appeal has not dated 7-12-1999. filed.
118 0.
Disposed of withdrawn on Appeal not dated 26-5-1999. filed
118 1. 118 2.
Dismissed on dated 17-5- Appeal not 1999. filed
Dismissed withdrawn dated 14-9-2000.
on Appeal not filed
118 3.
Dismissed for non Appeal not Prosecution on dated 26.5- filed 1999.
118 4.
118 5.
S.P.No.22/I/1998 Raja Muhammad Afzal Vs. Federation of Pakistan S.P.No.23/I/1998 Saleh Urari Dago Tanzanian etc Vs. Government of Pakistan S.P.No.24/I/1998 Islam Hussain Vs. Federation of Pakistan S.P.No.25/I/1998 S. M. Shafiq Vs. Mehtab Industries Limited S.P.No.26/I/1998 Master Ejaz Hussain Vs. Government of
Dismissed in limine on dated Appeal not 28-3-2000. filed
Disposed of withdrawn on Appeal not dated 9-12-1999. filed
118 6. 118 7. 118 8.
on Appeal not filed
on Appeal not filed
Disposed of on dated 5-6- Appeal not 2000. filed
231 Pakistan
1999
S. No. Shariat Petition No. & Party Names Law Challenged Appeal filed in the Hon.Suprem e Court of Pakistan or not with Status Dismissed on 21.12.2001, Appeal has not being misconceived and filed. devoid of force. FSC Decision
118 9.
119 0.
119 1.
119 2.
119 3.
119 4.
119 5.
Challenged subsection c of section 9 of the Control of Narcotics Substances Act, 1997 (Act XX of 1997) and the Act as whole being repugnant to the injunctions of Islam. Sh.P.No. 1/K/1999 Provisions of Muhammad Mian Limitation Act Shafaq Siddiqui whereby a suit Vs cannot be filed Government of when it is barred by Pakistan etc time challenged being repugnant to injunctions of Islam. S.P No.01/P/1999 Interest Act, 1839 Mombar Bacha and ADBP Rules Vs. regarding recovery ADBP etc. of interest challenged being repugnant to injunctions of Islam S.P.No.2/I/1999 Petitioner has Haji Abdul Rahim challenged section Panezai 4 of the Baluchistan Vs. Cancellation of The Federation of illegal allotment of Pakistan State Land Act 1996 as being repugnant to the Injunctions of Islam. Sh.P.No.2/L/1999 Challenged Khan Bahadar provisions of Sheikh Muhammad section 21 of the Naqi Waqf Wealth Tax Act, Vs. 1963 so far as these Federation of Islamic are applicable to Republic of Pakistan Waqf ul Aulad may etc very graciously be declared unlawful, without jurisdiction and of no legal effect being Injunctions of Islam. S.P No.02/P/1999 Interest Act, 1839 Willayat Khan and ADBP Rules Vs. regarding recovery ADBP & others of interest challenged being repugnant to injunctions of Islam Sh.P.No.3/L/1999 Challenged Article Qazi Hussain Ahmad 203-E of the Vs. Constitution of Federation of Islamic Republic of
Sh.P.No.1/L/1999 Muhammad Khalid Vs. The State anothers
Dismissed the Court has not Appeal has not find any substance in the filed. petition. Order dated; 11-5-2007.
Disposed of as withdrawn on 8.3.1999 in view of the judgment of this Court passed in Dr. Mehmood-urRehman Faisal Vs. Govt. of Pakistan reported as PLD 1992 FSC 1 Dismissed for NonPersecution on 19-5-1999.
Appeal not filed
Appeal not filed
Disposed of as withdrawn on Appeal not 25.9.2001 the wealth Tax filed which have been Challenged through this petition have been repealed.
Disposed of as withdrawn on 8.3.1999 in view of the judgment of this Court passed in Dr. Mehmood-urRehman Faisal Vs. Govt. of Pakistan reported as PLD 1992 FSC 1 Disposed of as anfractuous on 30.3.2000, as per order in S.Misc.No.15/I/1997
Appeal not filed
232 119 6. Pakistan S.P No.03/P/1999 Bakht-ur-Rehman Vs. ADBP etc. Pakistan 1973. Interest Act, 1839 and ADBP Rules regarding recovery of interest challenged being repugnant to injunctions of Islam. Sindh Rented Premises (Amendment)Ordin ance,1984 and Sindh Rente Premises Ordinance, 1979, (i) 4 as being repugnant to the Injunctions of Islam. Challenged vires of section 2, (c) ,(d ), (e) (f) and section 8 of Banking Companies (recovery of loans, advances, credits and finances) Act, 1997 may kindly be declared as being to the Injunctions of Islam. Interest Act, 1839 and ADBP Rules regarding recovery of interest challenged being repugnant to injunctions of Islam In this shariat Petition the petitioner has challenged the court Judgment on Interest (PLD 1992FSC-1), in this petition the petitioner has prayed to declare the principles of Islam on the basis of which the existing Laws relating to Riba are examined. The petitioner is prayed that the respondent having committed contempt of Article 203-G and 203-GG read with articles 2 and 2-A of the Constitution may kindly be proceeded against in accordance with law. Interest Act, 1839 and ADBP Rules Disposed of as withdrawn on Appeal has not 8.3.1999 in view of the filed. judgment of this Court passed in Dr. Mehmood-urRehman Faisal Vs. Govt. of Pakistan reported as PLD 1992 FSC 1 Returned to the petitioner. Appeal not filed
119 7.
S.P.No.4/I/1999 Cpt(R) Mukhtar Sheikh Vs. Government of Sindh
119 8.
Sh.P.No.4/L/1999 Muhammad Asghar Javid Vs. Federation of Pakistan etc
Dismissed in limine on Appeal not 15.6.1999 on the ground the filed validity of interest on loans, business finances etc, which proposition has already been examined by this Court and Riba/ interest has already been declared by this Court to be repugnant to the Injunctions of Islam. Disposed of as withdrawn on 9.3.1999 in view of the judgment of this Court passed in Dr. Mehmood-urRehman Faisal Vs. Govt. of Pakistan reported as PLD 1992 FSC 1. The petitioner wants to withdraw his application Disposed of on 30-3-2000. Appeal has not filed.
119 9.
S.P No.04/P/1999 Saeedullah Vs. ADBP etc
120 0.
S.P.No.5/I/1999 Government of Pakistan Vs. Federation of Pakistan etc
Appeal not filed
120 1.
Sh.P.No.5/L/1999 Madrassa-Tul Banat, through Abaidul Haq Khan Vs. Chairman Evacuee Trust Board etc
120
S.P No.05/P/1999 Raz Muhammad
Disposed of as withdrawn on Appeal has not 9.3.1999 in view of the filed.
233 Vs. ADBP etc. regarding recovery of interest challenged being repugnant to injunctions of Islam The petitioner has challenged section 28 of Interest Act, 1939 read with Section 59 of Cooperative Societies Act, 1925 and Rules 14(1)(H) 22 and 41 of Cooperative Societies Rules 1927 as being repugnant to the Injunctions of Islam. Challenged provision of interest upon the loan being repugnant to injunctions of Islam. judgment of this Court passed in Dr. Mehmood-urRehman Faisal Vs. Govt. of Pakistan reported as PLD 1992 FSC 1 This Court as already Appeal not declared the Interest the filed Injunctions of Islam Dr. Mehmood-ur-Rehman Faisal Vs. Government of Pakistan reported as PLD 1992-FSC-I. Dismissed in limine on 28-51999.
120 3.
S.P.No.6/I/1999 Haji Siraj-ul-Huda etc Vs. Registrar Coop. societies etc
120 4.
S.P.No.6/L/1999 Muhammad Hussain Niaz Vs. Government of Pakistan etc
120 5.
S.P No.06/P/1999 Muhammad Rehman Vs. ADBP etc.
120 6.
Sh.P.No.7/I/1999 Abdul-Rehman Vs. Federation of Pakistan Sh.P.No.7/L/1999 Ahmad Riaz Vs. Government of Pakistan S.P No.07/P/1999 Haji Lajbar Vs. ADBP etc.
120 7.
Interest Act, 1839 and ADBP Rules regarding recovery of interest challenged being repugnant to injunctions of Islam The petitioner has challenged the Government regarding publicity in charity as being repugnant to the Injunctions of Islam. Challenged section 7 of Muslim Family Laws 1961 being repugnant to injunctions of Islam. Interest Act, 1839 and ADBP Rules regarding recovery of interest challenged being repugnant to injunctions of Islam The Rule of expulsion made by the Government through Pakistan medical and Dental Council for the examination of M.B.B.S 1st professional only in Medical colleges in Pakistan being repugnant to the
Disposed of as withdrawn on 15.6.1999 on the ground that the petitioner would like to first make an application to House Building Finance Corporation (respondent No.3) for entering into a new contract under the mark-up system. Disposed of as withdrawn on 9.3.1999 in view of the judgment of this Court passed in Dr. Mehmood-urRehman Faisal Vs. Govt. of Pakistan reported as PLD 1992 FSC 1 The petition, therefore, being misconceived and unwarranted by facts and law is hereby dismissed in limine on 6-6-2000. Disposed of as withdrawn on 15.12.199, the petitioner is allowed to file fresh petition to challenge viries of section 7 of Muslim Family Laws, 1961 on the touch stone of Quran and Sunnah. Disposed of as withdrawn on 9.3.1999 in view of the judgment of this Court passed in Dr. Mehmood-urRehman Faisal Vs. Govt. of Pakistan reported as PLD 1992 FSC 1 The petitioner has filed this petition apparently to seek personal relief from this Court but the same being relief in personem cannot be claimed in the jurisdiction of this Court so this petition is misconceived before this Court dismissed accordingly on 9-12-1999.
Appeal not filed
Appeal not filed
Appeal not filed
120 8.
120 9.
S.P.No.8/I/1999 Saad Ahmed Vs. Federal Government of Pakistan etc
Appeal not filed
234 121 0. Sh.P.No.8/L/1999 Syed Shaukat Ali Bukhari Vs. Small Business Finance Corporation and one other Sh.P.No.9/I/1999 Mumtaz Khan Vs. ADBP Injunctions of Islam. Challenged provisions of interest on loan being repugnant to injunctions of Islam. The petitioner has challenged office Memorandum No. E &D/DP-III.2 (166)/96 /379 -389 dated 33-1996 being unIslamic. Challenged vires of section 2,(c),(d ),(e) (f) and sections 9,11,15 and other provisions regarding interest/riba of Banking Companies (recovery of loans, advances, credits and finances) Act 1997 being repugnant to injunctions of Islam. Regarding Interest Section 15 of Banking Company (Recovery of loan) Act, 1997. Recovery of interest with markup on loan challenged being repugnant to injunctions of Islam. Section 215 Jail Manual Section 5(1) Official Secrets Act, 1923 request for remission of sentence. Challenged section 15 of Banking Companies (recovery of loans, advances, and financing) Act, 1997 being repugnant to injunctions of Islam. Challenged the first FIR proviso to section 497 Cr.P.C. to the extent of granting bail to a woman in the case of willful Zina/adultery /fornication being repugnant to the injunctions of Islam. Rules 225, 242, 243, 244, Disposed of on 15.2.2000 as withdrawn, in view of the judgment in Riba, by this court and Shariat Appellate Bench of Supreme Court of Pakistan, seek remedy before a competent forum. Dismissed in limine on 18-51999. Petition being not the maintable Appeal not filed
121 1.
Appeal not filed
121 2.
Sh.P.No.9/L/1999 Muhammad Asghar Javid Vs. Federation of Pakistan etc
Dismissed as infructious on Appeal has not 15.2.2000, on the ground filed. that no relief can be granted in personnel under the jurisdiction of this court.
121 3.
121 4.
121 5.
S.P.No.10/I/1999 M. S. Mehtab Industry Vs. Federation of Pakistan Sh.P.No.10/L/1999 Sarwar Ali Anwar Vs. Small Business Finance Corporation etc S.P.No.11/I/1999 Shamsul Haq Vs. Government of Pakistan Sh.P.No.11/L/1999 Ch.Sajjad Ahmad Vs. City Bank etc
Disposed of withdrawn on Appeal not 31-5-2000. filed
Disposed of as withdrawn on Appeal has not 15.2.2000on the ground that filed. the petitioner may seek remedy before a competent forum Disposed of withdrawn on 5- Appeal not 6-2000. filed
121 6.
Disposed of as withdrawn on Appeal has not 7.12.1999. filed.
121 7.
Sh.P.No.12/L/1999 Malik Sakindar Hayat Vs. Government of Pakistan etc
Dismissed as withdrawn on Appeal has not 16.2.2000 filed.
121
S.P.No.12/I/1999 Master Ejaz Hussain
Partly allowed on 28.8.2009, Appeal has not to the extent that that the filed.
235 Vs. Government of Pakistan L/W S.P.No.61,62/I/1992 L/W S.P.No.4/I/2004 45,248,249 of Chapter 9 entitled. The Classification and Separation of Prisoners. Rules 250,252,253,254,25 5,256,257,261,262, 263,264,266,267 of Chapter 10 entitled Superior Class Prisoners, Rules 180, 181, Chapter 7 entitled: General Rules Relating to Prison Officers. Section 30(2) Prisons Act, 1894 and Rules 624(f), 633 of Chapter 25 entitled: Prisoners in cells. Personal grievance. provision which authorizes the government and the Inspector General Prisons to grant special sanction for the employment of a dismissed Government Servant or a previous convict has been declared violative to the Injunctions of Islam as it is not only discriminatory but it confers arbitrary powers on the Government. This petition bears fruit to that extent alone.
121 9. 122 0. 122 1. 122 2. 122 3.
S.P.No.13/I/1999 Muhammad Pervez Vs. UBL. Sh.P.No.13/L/1999 Khuda Bakhsh Vs. ADBP etc S.P.No.14/I/1999 Mst. Burhan Bi etc Vs. Federation of Pakistan S.P.No.14/L/1999 Khuda Bakhsh Vs. ADBP etc S.P.No.15/I/1999 Shamshad Khan etc Vs. Registrar Cooperative Societies NWFP S.P.No.15/L/1999 Rana Muhammad Jamil etc Vs. Federation of Pakistan S.P.No.16/I/1999 M.S. Mehtab Industry Vs. Federation of Pakistan S.P.No.17/I/1999 M.S. Mehtab Industry Vs. Federation of Pakistan S.P.No.17/L/1999 Zakiullah
Disposed of on dated 18-5- Appeal not 1999. filed Dismissed as infructuous on Appeal has not 15.2.2000 on the ground filed. that no relief can be granted in personnem under the jurisdiction of this court Disposed of on 5-1-2000. Appeal not filed
Recovery of interest with markup on loan challenged being repugnant to injunctions of Islam. Section 4 of Muslim Family Laws.
122 4.
122 5.
122 6.
122
Recovery of interest with markup on loan challenged being repugnant to injunctions of Islam. Section 82 of West Pakistan Land Avenue Act, 1967 being repugnant to the Injunctions of Islam Challenged the provisions of ADBP Ordinance, 1961. Recovery of interest with markup on loan challenged being repugnant to injunctions of Islam. Challenged section 15 of Banking Companies (recovery of loans, advances, and financing) Act, 1997 Challenged section 15 of Banking Companies (recovery of loans, advances, and financing) Act, 1997 Recovery of interest with markup on
Dismissed as infructuous on Appeal has not 15.2.2000 on the ground filed. that no relief can be granted in personnem under the jurisdiction of this court Dismissed on 20-4-2000. Appeal not filed
Disposed of as withdrawn on Appeal has not 15.2.2000, in view of the filed. judgment in riba by this court and Shariat Appellate Bench of Supreme Court of Pakistan. Seek remedy before a competent forum Disposed of as withdrawn on Appeal no filed 20-9-2001.
Withdrawn on 31-5-2000.
Appeal not filed
Disposed of as withdrawn Appeal has not on 15.2.2000, in view of the filed.
236 Vs. Federation of Pakistan 122 8. S.P.No.18/I/1999 Imtiaz Ahmed Hussain Vs. Federation of Pakistan S.P.No.19/I/1999 Malik Abdul-urRehman Vs. Government of Pakistan S.P.No.21/I/1999 Abdul-ur-Rehman Siddiqui Vs. Finance Division etc S.P.No. 22/I/1999 Mst. Riaz Begum Vs. Manger ADBP etc loan challenged being repugnant to injunctions of Islam. Petitioner prayed that Adoption of child as being repugnant to the Injunctions of Islam. Section 6 of Muslim Family Laws Ordinance, 1961. judgment in riba by this court and Shariat Appellate Bench of Supreme Court of Pakistan. Seek remedy before a competent forum Dismissed in limine on 29-3- Appeal not 2000. filed
122 9.
123 0.
123 1.
Section 15 of Finance Division O. M. No. dated 18-81983 regarding advance increment (Esta Code) Personal grievance regarding Interest.
Disposed of on29-32000.The full bench of this court on same subject in 29/I/1993 linkded with other petitions has been exaimened. Dismissed on 22-11-2000.
Appeal filed in the Supreme Court of Pakistan Pending Appeal not filed
Dismissed of 30-3-2000.
Appeal not filed
2000
S. No. Shariat Petition No. & Party Names Law Challenged Appeal filed in the Hon.Suprem e Court of Pakistan or not with Status Section 3, 5, 6-B,8-B Dismissed in limine on 6-6- Appeal not offence of Qazaf 2000. filed Ordinance,1979 Article 1 and 2 of the Constitution of the Republic of Pakistan, 1973 for the Declaration of Interest, Riba is Against the Injunction of Islam. Capital Territory Punjab, Sindh, NWFP, Baluchistan Local Government Ordinance, 1979. Order dated 17.3.1985 passed by Director General ISI Islamabad regarding termination of petitioner (personal grievance) U/s 13 of civil sevent act. 1973 .Challenged being repugnant to injunctions of Islam, Dismissed as withdrawn. The Appeal not Court held that no personal filed relief can be granted. Order dated; 1-10-2001 FSC Decision
123 2. 123 3.
Sh.P.No.1/I/2000 Badr Anwar Vs. The State Sh.P.No.1/L/2000 Ateeque Hussain Vs HBL etc
123 4.
123 5.
Rew.Sh.P.No.1/I of 2000 Abdul Hafiz khokhr Vs. Federation of Pakistan S.P No.01/P/2000 Fazal-e-Qadir Vs. Fed: of Pakistan etc.
Appeal not filed
Petition was dismissed as Appeal not withdrawn on 28.3.2007 filed
237 123 6. Sh.P.No.1/K/2000 Inayat ullah and another Vs Sectary Ministry of Agriculture Government of Sindh etc S.P.No.2/I/2000 Bashir Hussain Vs. Federation of Pakistan Sh.P.No.2/L/2000 Abdul Sattar Vs Rafiq Khan and another Challenged Section 18(3), (6) of the Agriculture pesticides Ordinance, 1971. Dismissed. The Court has observe that this law has been enacted and amended, while no provision of the amended law has been found to be contrary to the Injunctions of Quran and Sunnah. Judgment dated; 6-4-2009. SD 2009 FSC -816 Disposed of as withdrawn on 7-6-2000. Appeal not filed
123 7. 123 8.
Section 4 of Muslim Family Laws Ordinance, 1961. Petition for Share of Inheritance. (Share of Grandson).
Appeal not filed
123 9.
124 0.
124 1.
124 2. 124 3.
124 4.
The petitioners has filed petition against 34 Respondent. (Petition for possession through Pre-emption). Sh.P.No.4/L/2000 Challenged Section Ahmed Riaz 7 of Muslim Family Vs Laws Ordinance, The Government of 1961 being Pakistan repugnant to the Injunctions of Quran and Sunnah of the Holy Prophet. S.P No.04/P/2000 No specific law Falak Naz regarding recovery Vs. of interest HBFC Sawat etc. challenged being repugnant to injunctions of Islam Sh.P.No.5/I of 2000 Capital Territory Abdul Hafiz khokhr Punjab, Sindh, Vs. NWFP, Baluchistan Federation of Local Government Pakistan Ordinance, 1979. Sh.P.No.5/L/2000 Petitioner has Syed Shahid Hussain Challenged a Vs provision of The Government of Muhammadan Law. Pakistan Under which a father may transfer his whole property to one of his heir by way of Hiba excluding other heirs as being repugnant of Injunctions of Islam. Sh.P.No.6/L/2000 Challenged Section Mst. Aman Mai 142 Chapter II Vs (Gifts) of
Sh.P.No.3/L/2000 Botty Khan Vs The Government of Pakistan
Dismissed. Neither any Act not any Section of Law has been in this petition to be against the Quran Verses or Hadidh of Holy Prophet. Apart from that personal relief is being sought through this petition which this Court neither can consider nor grant. Order dated; 27-9-2001. Dismissed. Personal relief involved in this petition. The Court has not given personal relief. Order dated; 26-9-2001.
Appeal not filed
Appeal not filed
Disposed of as withdrawn. Appeal not Personal relief cant be filed granted by this Court. Order dated; 1-10-2001.
Appeal not filed
Dismissed in limine. Appeal has not The Court has already been filed. decided this point vide this Court judgment dated 28-92001 in Sh.P.No.6/L of 2000. Order dated; 2-10-2001.
Dismissed in limine. Appeal has not The Court has declared that filed. the legal heirs are entitled to
238 The Government of Punjab etc Muhammadan Law being repugnant to the Injunctions of Islam. due share in the property only after his death and the inheritance devolves only after his death, as no one can be called a legal heir during the life time of a proposition. Regarding the moral aspect of the transactions carried out by a person, it suffices to say that the he would be answerable to Almighty Allah. 28-9-2001 Dismissed as withdrawn Appeal not on 13-9-2000. filed
124 5.
Sh.P.No.7/I/2000 Haji Muhammad Nawaz Khokhr Vs. Chief Executive Pakistan Sh.P.No.8/I/2000 Asghar Ali Bhatti Vs. University of Punjab Sh.P.No.8/L/2000 Khalil-uz-Zaman Vs Faqirullah etc
124 6. 124 7.
124 8.
Sh.P.No.9/I/2000 Shahab-ud-din Vs. Federation of Pakistan Sh.P.No.10/I/2000 Jawad Ahmed Khan Vs. Federation of Pakistan
Section 9 of National Accountability Bureau Ordinance, 1999 as being repugnant to the Injunctions of Islam. Personal grievance. Regulation 4 proviso (3) of Punjab University Lahore. Challenged Section 302(B), 306, 308, 309 and other provisions of Qisas and Diyat ordinance are inconformity with the injunctions of Islam as laid down in the Holy Quran and Sunnah of the Holy Prophet(S.A.W.) MLR-114 regarding complsory retirement form service. Section 2(f) and 15 of banking Company (Recovery of Loan Advance credit and Finances) Act, 1997 as being repugnant to the Injunctions of Islam. Marriages (Prohibition n of Wasteful Expanses) Ordinance, 1997. Section 2(f) and 15 of banking Company (Recovery of Loan Advance credit and Finances) Act, 1997 as being repugnant to the Injunctions of Islam.
Dismissed in limine on 16-1- Appeal not 2001. filed
Dismissed. Appeal has not The Court has found that the filed. Full Bench of Supreme Court of Pakistan setting a side of this matter which will be setting up not only bad and unhealthy precedent but will also be against all provisions of the Constitution. 15-22001. Dismissed inlimine on 18-9- Appeal filed in 2001 the Supreme Court of Pakistan and dismissed on 30-4-2009 Dismissed on 20-9-2001. Appeal not filed
124 9.
125 0.
125 1.
Sh.P.No.11/I/2000 Muhammad Yaqoob Bhatti Vs. Government of Pakistan Sh.P.No.12/I/2000 Fazal Muhammad Vs. Federation of Pakistan
Disposed of in view of Appeal not coming into force amending filed Act bearing No.iv of 2006, on 14-2-2007 Dismissed on 20-9-2001 Appeal not filed
2001
239 Names Hon.Suprem e Court of Pakistan or not with Status Disposed of because the Appeal has not August Supreme Court of filed. Pakistan has granted relief prayed for by the petitioner Order dated; 11-9-2007.
125 2.
Sh.P.No.1/I/2001 Umaid Ali Qureshi Vs Federation of Pakistan etc
125 3.
S.P No.01/Q/2001 Bashir Ahmed Vs. Govt. of Pakistan
125 4.
Sh.P.No.2/L/2001 Syed Zahoor Hussain Zaidi Vs The Government of Pakistan
125 5.
Sh.P.No.2/I/2001 Majeed-ullah Vs Al-Zamin Leasing MODARBA
Challenging section 17(1-A) WAPDA (Second) Amendment Ordinance, 1999 (Ordinance) IX of 1999. Relating compulsory retirement. Section 7 of the Suppression of Terrorist Activities Act, 1975 challenged being repugnant to injunctions of Islam Requested that respondents may kindly be directed to take steps and made arrangements for collection of Khamus from Muslim Shias and also established an Institution/body/ Authority for its fair distribution among Mustehaeen Sadat. Request through petition for recovery of the principal amount in easy installment in respect of amount of Rs. 24, 80, 984/with markup. Challenged Section 295-C of PPC with regard to blasphemy is declared against Injunction of Islam. Challenged the Speech of Moulvi Muhammad Azim, Imam Masque Village Kussak District Chakwal hold that the Jumma Prayer of only ten adult Namzis being opposed t the customs and usages of Islam. Fiqah of Imam Hanifa, and Injunctions of Islam Challenged the Order the forums
Disposed of on 18.4.2004 as Appeal has not the Act is procedural and is filed beyond of jurisdiction of this Court.
Disposed of as withdrawn on Appeal not 4-10-2001. filed The Court has no jurisdiction to grant personal relief or directed the government to grant leave to any personal in any form, sought permission to withdrawn this petition.
125 6.
Sh.P.No.3/L/2001 Dr. Muhammad Masood Ahsan Vs The Federation of Pakistan Sh.P.No.5/I/2001 Muhammad Yousaf Vs Federation of Pakistan & 2 others
Dismissed. Shariat Misc has also dismissed because this Court has already been adjudicated and decide vide Judgment reported in PLD 1993-FSC-1 and PLD 2000 SC 225. Order dated; 20.9.2001. Disposed of. This Court has already been passed judgment reported as PLD 1991 FSC-10, on the issue raise in this petition. Order dated; 3-10-2001.
125 7.
Dismissed in limine. Because Appeal has not the petitioner has not filed. specifically challenged any particular law or provision of law. Order dated; 18-9-2001.
125
Sh.P.No.7/I/2001 Umer Dheri etc
Dismissed in limine because Appeal not both these orders have filed
240 Vs Government of Pakistan etc provided under PATA (Nifaz-eShariah) Regulation, 1994. Section 122 & 123 of MLR. Challenged section 17(3) of Banking Companies (Recovery of Loans Advances, Credits and Finances) Act, 1997. Females in Judiciary & Females Magistracy in Islamic state are Un-Islamic Republic of Pakistan. Challenged Section 19 of the divorce Act, 1869 being repugnant to the Injunctions of Islam. (Without Hilala remarriage between the Ex- spouses who had effectively been divorced is a nullity). challenged before the Peshawar High Court in revision which is still pending decision. Oder dated; 18-9-2001. Dismissed as withdrawn. Order dated; 30-10-2001. Appeal has not filed
125 9.
Sh.P.No.10/I/2001 Sheikh Aftab Ahmed Vs Federation of Pakistan Sh.P.No.11/I/2001 Muhammad Hayat Vs Federation Government of Pakistan Sh.P.No.12/I/2001 Mst. Najma Bibi Vs Muhammad Mukhtar and another
126 0.
126 1.
Dismissed. Raised point has already been adjudicated and decided by this Court vide judgment in Shariat petition 4/K of 1982. Order dated; 20-9-2001. Dismissed in limine being incompetent petition. Order dated; 30-10-2001.
Appeal not filed
2002
S. No. Shariat Petition No. & Party Names Law Challenged FSC Decision Appeal filed in the Hon.Suprem e Court of Pakistan or not with Status Appeal has filed Civil Shariat Appeal. No.1 of 2010. ( Mazhar Alam another Vs. The Federation of Pakistan and another).
126 2.
Sh.P.No.1/K/2002 Muhtarma Benazir Bhutto and another Vs Federation of Pakistan Through Secretary of Finance
The petitioner has challenged the MLOs 21 of CMLS and 26 of MLA zone C Presidents order 4 of 1978 and President order6 of 1979 to be repugnant to the injunctions of Islam and thus of no legal effect and requested to the Hon.Court may pleased to direct the respondent to handover the properties and assets of trust to the petitioner. That the declaration to the effect that the provisions relating to giving of
126 3.
Sh.P.No.2/I/2002 Naseem Hussain Shah Vs
The Court has directed that (i) Martial Law order No.21, dated: 17-10-1977 (ii) Martial Law order No.26, dated 28-9-1977 issued by the Martial Law Administrator Zone C (iii) Presidents order No.4 of 1978 dated:26-3-1978, (iv) Presidents order 6 of 1979 dated 28-2-1979 are entirely repugnant to the above mentioned Injunctions of Islam. The decision of this Court regarding the aforementioned impugned Martial Law orders shall take effect from the dated of announcement of this Judgment/dicision dated 154-2010. PLD 2010 FSC Page-229. Dismissed as withdrawn. Appeal has not Order dated; 6-2-2002. filed
241 Balqees Akhtar and Jamil Abbasi etc notice of Talaq and its withdrawal thereafter before ninety days thereof under Muslims Famil Laws Ordinance, 1961 is repugnant to the Injunctions of Islam. The petitioner has filed petition against the HBFC and requested to way of the Interest. The petitioner has filed petition against the Interest of the Small Medium Enterprises Bank Limited which is known as SBFC that the charging of Interest in the account No.N-III-19 is repugnant to the Injunction of Islam. Challenged the Punjab Local Government Ordinance 2001, being repugnant to the Injunctions of Islam. Martial Law Regulations No. 122 &123 of 1972. Challenged Section 25 of the Anti Terrorism (Courts) Act 1997 and Section 7 of the suppression of Terrorist Activities (Special Courts) Act, 1975 (protected under section 39-B of the Anti Terrorism (Courts) Act, 1997 being repugnant to the Injunctions of Islam. The petitioner has challenged under Article 203-D of the Constitution of Islamic Republic of Pakistan 1973 to examine Election commission order 2002 (Chief Exectutives order No.1 of 2002) Dismissed in limine. Appeal has not The petition is based on filed personal grievance which is beyond the jurisdiction of this Court. Order dated; 24-10-2002. Dismissed in limine. Appeal has not The petition is based on filed. personal grievance which is beyond the jurisdiction of this Court. Order dated; 24-10-2002
126 4.
Sh.P.No.2/L/2002 Hamad Bashir Vs The Government of Punjab Sh.P.No.3/L/2002 Sh. Sajjad Hussain etc Vs Small Medium Enterprises Bank Limited etc
126 5.
126 6.
Sh.P.No.3/I/2002 Abdul Hafeez Khokar Vs The Province of Punjab Sh.P.No.4/I/2002 Moulvi Said Bahadur Vs Federation of Pakistan & others Sh.P.No.6/I/2002 Bukhari Shah & another Vs Federation of Pakistan
Disposed of because the Appeal has not petitioner has died and other filed inmates have migrated and the same be consigned to the record. Order dated; 15-12-2004. Dismissed as withdrawn. Order dated; 25-8-2008. Appeal has not filed
126 7. 126 8.
126 9.
Sh.P.No.7/I of 2002 Nazir Ahmad Khawaja Vs Federation of Pakistan
The petitioner has sent an Appeal has not application for its withdrawl filed so the petitioner has been dismissed as withdrawn 1910-2010.
242 clause 7 of 2002 and to declare its repugnant to the Injunction of Islam Request to declare the institution of adoption of Child as repugnant to the Injunction of Islam. Challenged Section 8-F of the Election Law 2002 (Chief Executive order No.7/2002. Petitioner feels that the recent amendments in the Election Laws have deprived virtually the minorities of their rights guaranteed by Islam & the Constitution whereby any citizen could contest for reserved seats as an independent candidate. The present amendments have cannot contest Election on the minority reserved seats except when they are enlisted members of a political party. The NWFP Urban Immovable Property Tax (Amendment) Ordinance, 2001 (ordinance IV of 2001) be declared repugnant to Sharia.
127 0. 127 1.
Sh.P.No.8/I/2002 Maqsood Ahmed etc Vs Rehmat and Province of Punjab Sh.P.No.09/I/2002 J. Salik Vs Federation of Pakistan & others
127 2.
Sh.P.No.11/I/2002 Muhammad Saeed -ullah Khan Vs Secretary Government of NWFP etc
Dismissed because the Appeal has not petition is not meintable filed before this Court under Article 203-D of the Constitution Judgment dated; 28-82008.PLD 2009 FSC Page 33
2003
S. No. Shariat Petition No. & Party Names Law Challenged FSC Decision Appeal filed in the Hon.Suprem e Court of Pakistan or not with Status Appeal filed Dismissed on . 7.5.2009.
127 3.
Sh.P.No.1/I/2003 Abdul Majeed Vs Government of Pakistan
Challenged Pakistan Arms Ordnance No XX of 1965 and Arms Rules 1924 with the prayer to declare these repugnant to the Injunction of Islam. Challenged Subsection 2 of Section 11 of the Senate
127 4.
Sh.P.No.1/L/2003 Zahoor Medi Faisal Vs
Dismissed in limine. The Court as declared that the impugned law and Rules having been duly made of the general welfare and security of Umma at large are not against the injunctions of Islam. Judgment dated; 5-11-2003. PLD 2004 FSC-PAGE-1. Dismissed in limine. After detail discussion the Court has not found these
243 Election Commissioner of Pakistan Act, 1975. Every proposal shall be made by a separate nomination paper in the prescribed form which shall be signed by the proposer and the secondar and contain a declaration signed by the candidate that he consents to the nomination and that he is not subject to any disqualification for being or being elected as a member Challenged Section 4 & 7 of Chapter-IV of Utility Store Corporation of Pakistan Service Rules 1992 being repugnant to the Injunctions of Islam. Request to examine and declare the system of Ruyat Hilal Committee on the tech stone of Quranic Injunctions. Prayed that the Court to declare the recovery of interest on Loan issue to petitioner by Banking Courts as repugnant to the Injunctions of Islam. Challenged section 4 of the Muslim Family Laws Ordinance, 1961. Share of grand son and granddaughter. sections as repugnant to the Injunction of Islam. Judgment dated 7-3-2007.
127 5.
Sh.P.No. 02/I/2003 Raja Abdul Latif & another Vs Secretary Industries & others Sh.P.No.3/I/2003 Farukh Aftab Vs Royat Hilal Committee etc Sh.P.No.5/I/2003 Muhammad Suleman Vs Zonal Manager Habib Bank Limited &others Sh.P.No.5/L/2003 Ahmad Yar etc Vs Bashir Ahmad
Dismissed on request petitioner. Order dated; 8-1-2004.
of Appeal has not filed.
127 6.
Dismissed because the Appeal has not petitioner did not press the filed. petition. Order dated; 24-1-2005. Dismissed as withdrawn. Order dated; 5-11-2003. Appeal has not filed.
127 7.
127 8.
Disposed of withdrawn. Appeal has not The Court has declared that filed. Challenged matter under consideration before the Shariat Appellate Bench of the Supreme Court of Pakistan. Under the circumstances, the learned counsel seeks permission to withdraw this petition. Order dated; 23-1-2007. Dismissed as Withdrawn. Order dated; 07-03-2007 Appeal not filed
127 9.
Sh.P.No.8/L/2003 Muhammad Ramzan Vs Dr. M. D. Bhatti etc
Petition interest/Riba is declared against the Injunction of Islam. Petition against the interest of law of ADPB.
128 0.
Sh.P.No.10/L/2003 Muhammad Naseem Vs ADBP etc
Dismissed for prosecution. Orders dated; 1. 26-2-2007
non- Appeal not filed
2004
244 S. No. Shariat Petition No. & Party Names Law Challenged FSC Decision Appeal filed in the Hon.Suprem e Court of Pakistan or not with Status Appeal has not filed.
128 1.
S.P.No.4/I/2004 Dr.Muhammad Aslam Khaki Vs. Federation of Pakistan L/W S.P.No.61/I/1992 L/W
S.P.No.62/I/1992
L/W
S.P.No.12/I/1999
128 2.
Sh.P.No.6/I/2004 Muhammad Fayaz Vs Islamic Republic of Pakistan
Linked With
Rules 225, 242, 243, 244, 45,248,249 of Chapter 9 entitled. The Classification and Separation of Prisoners. Rules 250,252,253,254,25 5,256,257,261,262, 263,264,266,267 of Chapter 10 entitled Superior Class Prisoners, Rules 180, 181, Chapter 7 entitled: General Rules Relating to Prison Officers. Section 30(2) Prisons Act, 1894 and Rules 624(f), 633 of Chapter 25 entitled: Prisoners in cells. Challenged Section 3 of the Majority Act, 1875 in so far as it provides ceiling of 18 years for attaining majority under the said Act, is in conflict with section 370 of the Muhammadan Law, where under a father is bound to maintain his son until he attains the age of puberty. Challenged Section 3 of the Majority Act, 1875 in so far as it provides ceiling of 18 years for attaining majority under the said Act, is in conflict with section 370 of the Muhammadan Law, where under a father is bound to maintain his son until he attains the age of puberty. Challenged the Family Courts (Amendment) Ordinance 2002
SHARIAT PETITION NO.4/I/2004,mentioned at page No.6 of the main Judgment dt.28.8.2009(jail manual) the matter of this petition has been discussed in detail in segment 13 of the judgment, the petition is allowed to that extent, Disposed of accordingly . 27.5.2010
Dismissed.8.6.2007 Appeal has not For the purpose of legislation filed. a specific age limit has to be fixed by the legislature so that the parties who enter litigations in this respect are conveniently bound by a definite law to follow the same, without indulging in further controversies and complications for determination of puberty. PLD 2007 FSC Page 1 -do-
Sh.P.no.27/I/1992 Abdul Salam Vs Federation of Pakistan
128 3.
Sh.P.No.10/I/2004 Rashid Bin Zain Vs Federation of
Disposed of. Appeal has not The petitioner has moved an filed. application for withdrawal of the petition. The point has
245 Pakistan (Ordinance No.LV of 2002) Challenged the Family Courts (Amendment) Ordinance 2002 (Ordinance No.LV of 2002), Family court ACT.1961 been discussed connected Sh.P.No.20/I of 1999 which is still pending. Order dated; 3-4-2007 Dismissed for nonprosecution. Order dated; 11-5-2007 The petition has been Restored on 6-7-2010 but the petitioner has sent an application for withdrawl the petition so the petition has been dismissed as withdrawn on 19-10-2010. Dismissed in limine. The Court has declared that the provision of Constitution among others have been expressly excluded from the jurisdiction of this Court. Order dated; 13-2-2007
128 4.
Sh.P.No.11/I/2004 Imran Ali Vs Federation of Pakistan etc
128 5.
Sh.P.No.12/I/2004 Bukhari Shah & another Vs Federation of Pakistan etc
Challenged Article 45 of the Constitution, being repugnant to Quran and Sunnah as there under the President shall have power to grant pardon, reprieve, respite and to remit, suspend or commute any sentence passed by any court, tribunal or other authority.
128 6.
Sh.Misc..No.51/I/200 4 L/W Sh.Misc..No.12/I/200 5 Ghulam Sadiq Vs. The State
In this application different rates in the increase in pension afforded by the Government to retired civil servants has been Challenged
The petition is not Appeal has not meaintable which been filed missed conceived and has Dismissed in limine. SD 2006 Page 247
2005
S. No. Shariat Petition No. & Party Names Law Challenged FSC Decision Appeal filed in the Hon.Supreme Court of Pakistan or not with Status Appeal not filed
128 7.
Sh.P.No.1/I/2005 Haji Amir Zedi Vs Province of NWFP
128 8.
Sh.P.No.2/I/2005 Bashir Ahmed Vs The Government of Punjab
Challenged Section 3(1) (2) of the Shari Nizam-e-Adll Regulation 1999 (N.W.F.P. Regulation No.1 of 1999) being repugnant to injunctions of Islam. Challenged Section 114 of Punjab tenancy Act, 1887 being repugnant to injunctions of Islam.
Dismissed Order dated; 2-4-2007
Dismissed Order dated; 15-3-2007
246 128 9. Sh.P.No.3/I/2005 Mr. Abdul Razzaq etc Vs Special Judge Anti Terrorist Court etc Challenged the impugned order passed by special Judge Anti Terrorist Court II Lahore dated 22-7-2002. Is un-Islamic as the learned Court was under legal obligation to decide the case on merits. Challenged the decree of dissolution of marriage which is granted on the basis of Khula, though amendment Ordinance No.45 of 2002 by the President in Family Court Act, 1964 and also. 2. That the Section 10(4) of the Family Court Act, 1964. Whereby the said amendment is contrary of Quran and Sunnah. Dismissed as withdrawn. Order dated; 2-4-2007 Appeal has not filed.
129 0.
Sh.P.No.3/L/2005 Saleem Ahmed Vs Islamic Republic of Pakistan
Linked With
Dismissed. Appeal has not The Court has declared that filed. is no specific verse authentic Ahadith that provides a bar to the exercise of jurisdiction by a competent Qazi to decree the case of Khula agitated before him by a wife, after reconciliation fails. As discussed above in detail. The Ayaat and Ahadith relied upon by the petitioners neither specifically relate to the issue of Khula nor to the lack of authority of a Qazi duly authorized by an Islamic. State to resolve the disputes between husband and wife. The interpretation of the said Verses and Ahadith is also not unanimous. Judgment dt; 28-5-2009 -do-
Sh.P.No.2/L/2006 Muhammad Selman Yahya Vs Federation of Pakistan Linked With
Sh.P. No. 7/I/2007 Abdu-ur-Rahman Lodi Vs The Government of Pakistan Linked With
Challenged the decree of dissolution of marriage which is granted on the basis of Khula, though amendment Ordinance No.45 of 2002 by the President in Family Court Act, 1964 and also 2. That the Section 10(4) of the Family Court Act, 1964. Whereby the said amendment is contrary of Quran and Sunnah. Challenged the decree of dissolution of marriage which is granted on the hasis of Khula, though amendment Ordinance No.45 of 2002 by the President in Family Court Act, 1964 and
-do-
Sh.P. No. 2/K/2007 Sheraz Akram Vs Federation of Pakistan
-do-
247 Linked With also 2. That the Section 10(4) of the Family Court Act, 1964. Whereby the said amendment is contrary of Quran and Sunnah. -do-
Challenged the decree of dissolution of marriage which is granted on the basis of Khula, though amendment Linked With Ordinance No.45 of 2002 by the President in Family Sh.P.No.3/K/2007 Court Act, 1964 and S. Matanat Mouzzam also Bukhari 2. That the Section Vs 10(4) of the Family Federation of Court Act, 1964. Pakistan Whereby the said amendment is contrary of Quran and Sunnah.
Sh.P.No.1/K/2007 S. Mehiuddin M. Bukhari Vs Federation of Pakistan
Appeal has filed.
-do-
Appeal has filed.
129 1.
Sh.P.No.5/I/2005 Eng. Majeed ur Rehman Vs The State
129 2.
Sh.P.No.6/I/2005 Khan Muhammad Vs Federation of
Challenged the decree of dissolution of marriage which is granted on the basis of Khula, though amendment Ordinance No.45 of 2002 by the President in Family Court Act, 1964 and also 2. That the Section 10(4) of the Family Court Act, 1964. Whereby the said amendment is contrary of Quran and Sunnah. Challenged Article 3 of the Qanun-eShahadat Order X of 1984 the last line of paragraph No.4 that the Court may take the evidence of a witness who may be available is in contravention of the teaching of Holy Quran and Sunnah and the Holy prophet. Challenged section 345(2) Cr.P.C may kindly be declared to be void to the
Dismissed On 11-5-2007
Dismissed in limine. Appeal has The Court has already been filed. discussed that the sentence has been awarded under
248 Pakistan extent of not approving partial compromise in cases of Qatl-e-Amd U/s 302(b) PPC as laid down in Holy Quran and Sunnah. Tazir under section 302(b) PPC has not been made compoundable unless all the legal heirs of the deceased agree for the same and therefore no confusion in the law. The August Shariat Appellate Bench of Supreme Court to Pakistan has been Examined the old provision of Section 302 PPC and Section 345 & 381 Cr.P.C etc at the touchstone of the Holy Quran and Sunnah. In reported Judgment The Federation of Pakistan Vs Gul Hussain PLD 1989 SC 633. Order dated; 10-6-2005.
Linked With
Sh.P.No.1/L/2005 Khan Muhammad Vs Islamic Republic of Pakistan
Challenged section 345(2) Cr.P.C may kindly be declared to be void to the extent of not approving partial compromise in cases of Qatl-e-Amd U/s 302(b) PPC as laid down in Holy Quran and Sunnah. In this petition chellanged rule no.45 , 83,134,142,143,144 ,and 147 of the Constutition Islamic Republic of Pakistan 1973.
-do-
129 3.
Sh.P.No. 7/I/2005 Pakistan cotton Ginners Association Vs The Federation of Pakistan etc
The appeal has been Appeal has dismissed on filed. In 22.10.2008.The appeal Supreme Court the appeal remanded to the and been has FSC and first allowed and hearing has been setaside the fixed on impugned judgment of 26.8.2009.Pending. the FSC and remanded the case for fresh diecion on the petition 21.4.2009. Dismissed 2007. in limine 3-4- Appeal has not filed.
129 4. 129 5.
Sh.P.No. 8/I/2005 Qureshi M.Aslam Vs The Federation of Pakistan Sh.P.No. 9/I/2005 Molvi Iqbal Haider Vs The Federation of Pakistan
Article 179 Constitution of Pakistan regarding retaing age of judges. Section 10(4) offence of zina ord.1979 & section anti terrorism act.1997.
Dismissed inlimine Appeal has 15.12.2005 filed. PLD 2006 FSC PAGE-26. In view of rule 5 order of the 35 of supreme court rule 1980, the case file has directed to be consigned to
249 the record for indefinite period till some body terms up for its revival. Dated 15-52009 Appeal has not filed.
129 6.
Sh.P.No.10/I/2005 Abdur Rasheed Vs. Shamim Akhter etc.
The provision added by family courts (amendment order 2002 is against the Injunctions of Islam).
Dismissed on. 22.10.2007
2006
S. No. Shariat Petition No. & Party Names Law Challenged FSC Decision Appeal filed in the Hon.Suprem e Court of Pakistan or not with Status Appeal has filed as having been infrustuous on 27-112008.
129 7.
Sh.P.No. 1/L/2006 Mst. Ghafoora Bibi Vs The Federal Government of Pakistan
Section 7 of the Anti terrorist Act, 1997 (hereinafter referred to as the Act) that it is repugnant to the Injunctions of Islam as contained in the Holy Quran and Sunnah of the Holy Prophet in so far as it does not recognize right of waiver or afu to be exercised by walies of the deceased or compounding the offence as a whole and has prayed that be said section be amended and brought in conformity with the Injunctions of Islam.
Dismissed in limine because the Court has no jurisdiction for grant stay on the execution of black warrant against the petitioner which has passed and issued by Apex Court in Criminal Misc Application No.3/L of 2006. Judgment dated; 13-3-2006 PCLJ 2006 PAGE-812.
129 8.
Sh.P.No.2/L/2006 Muhammad Selman Yahya Vs Federation of Pakistan Linked With Sh.P.No.3/L/2005 Linked With Sh.P. No. 7/I/2007 Linked With Sh.P. No. 2/K/2007 Linked With Sh.P.No.1/K/2007 Linked With Sh.P.No.3/K/2007
Challenged the decree of dissolution of marriage which is granted on the basis of Khula, though amendment Ordinance No.45 of 2002 by the President in Family Court Act, 1964 and also 2. That the Section 10(4) of the Family Court Act, 1964. Whereby the said amendment is
Dismissed. Appeal has not The Court has declared that filed. is no specific verse authentic Ahadith that provides a bar to the exercise of jurisdiction by a competent Qazi to decree the case of Khula agitated before him by a wife, after reconciliation fails. As discussed above in detail. The Ayaat and Ahadith relied upon by the petitioners neither specifically relate to the issue of Khula nor to the lack of authority of a Qazi duly authorized by an Islamic.
250 contrary of Quran and Sunnah. State to resolve the disputes between husband and wife. The interpretation of the said Verses and Ahadith is also not unanimous. Judgment dt; 28-5-2009 Dismissed it accordingly,28.5.2009 PLD 2010 FSC PAGE-191 Appeal has filed. In Supreme Court
129 9. 130 0.
Sh.P.No.2/I/2006 Aslam Khaki Vs. Federation of Pakistan Sh.P.No.3/I/2006 Abdul Aleem Vs Mst. Shehzadi
130 1.
Sh.P.No. 3/L/2006 Khushi Muhammad Vs Federation of Pakistan
2(f) section 8 and 25 of PEH. Ord.1979, Prohibition of intoxicant drinks Filed petition and urged that the dissolution of marriage by way of khula without the consent of the husband is repugnant of Quran and Sunnah. Challenged section 4 of the Muslim Family Laws Ordinance, 1961. Share of grandson and granddaughter.
Dismissed. Appeal not The Court has no jurisdiction filed to grant any personal relief. Order dated;11-5-2007
Disposed of. Appeal has not The Court has declared that filed. Challenged matter under consideration before the Shariat Appellate Bench of the Supreme Court of Pakistan. Under this circumstances, the learned counsel seeks permission to withdraw this petition. Order dated; 7-3-2007 Dismissed for nonprosecution. Order dated; 29-1-2008 The petition has been restored on 6-7-2010 but the petitioner has requested for its withdrawn accordingly this petition has been dismissed as withdrawn on 19-10-2010 Dismissed for nonprosecution. Order dated; 29-1-2008,The petition has been restored on 6-7-2010 but the petitioner has requested for its withdrawn accordingly this petition has been dismissed as withdrawn on 19-10-2010 Dismissed in limine as withdrawn. The court has declared without going into the question whether DNA test furnishes irrefutable evidence as to the legitimacy or otherwise of a child, the attention learned counsel was invited to the provision of section 164 of the Qanun-e-Shahadat itself where under the Court may if it considers appropriate allow to be produced any Appeal not filed
130 2.
Sh.P.No.4/I/2006 Musarat ullah Khan Vs The Government of Pakistan
Challenged Section 8 of Hadood Ordinance, 1979 as repugnant to the injunctions of Islam.
130 3.
Sh.P.No.5/I/2006 Musarat ullah Khan Vs The Government of Pakistan
Challenged Section 8 &9 of P.O.4 of 1979. Being repugnant to the injunctions of Islam.
130 4.
Sh.P.No.6/L/2006 Rana Altaf Hussain & another Vs The State etc
Challenged the Section 164 of the Qanun-e-Shahadat Order, 1984 which relates to production of modern devices is against Quran and Sunnah inasmuch as DNA test tends to destroy the conclusive presumption which attaches to the legitimacy of a child
251 born during a valid Nikah/Marriage. evidence that my have become available because of modern devices, therefore, the discretion would lie with the Court which may or may not exercise its jurisdiction for production of any modern devices. Order dated; 28-2-2007. Dismissed in Appeal has not limine.12.2.2007 filed. Article 302-B(c) falls under Chapter 3 A of the Constitution and the makers of the Constitution while zealously guarding the jurisdiction and powers of the Federal Shariat Court have expressly kept out the Federal Shariat Court from taking cognizance among others of the provisions of the Constitution. The has , therefore in respectful disagreement with the Honble high Court that Federal Shariat Court is vested with the power to examine any constitution provision being voilative under Article 203-D of the Constitution of the Islamic Republic of Pakistan.
130 5.
Sh.P.No.7/I/2006 Abdul Jalil Vs The State
Petitioner has sought a declaration third Amendment Order, 1980 (P.O.No.14 of 1980) to Article 227 of the Constitution of Islamic Republic of Pakistan adding explanation to it is repugnant to the Injunction of Islam as laid down in the Holy Quran and Sunnah.
2007
S. No. Shariat Petition No. & Party Names Law Challenged Appeal filed in the Hon.Suprem e Court of Pakistan or not with Status The Court has declared on Civil Shariat 22-12-2010 that the Appeal 2 of protection of women 2011. (Criminal Law Amendment) Act, 2006. And Control of Civil Shariat Norcatics substances Act, Appeal 3 of 1997. 2011. Violate of Article 203DD of the constituation of Islamic (BY ANF Republic of Pakistan, 1973, through its and directed Federal DG Government to take Vs. necessary setps to amend Ch.Muhamma the impugned laws till d Aslam 22.6.2011. Where after Ghuman impugned Judgment of the Federal Shariat Court will be operative as on 22-6-2011. Appeal not Fit for reporting, PLD filed 2011,FSC Page-1 ( Part Februarey )
Dismissed. The Court has declared that is no specific verse authentic Ahadith that provides a bar to the exercise
FSC Decision
130 6.
Sh.P. No.1/I/2007 Mian Abdul Razzaq Amer Vs Federation of Pakistan L/W Sh.P.No.3/I/2007 L/W
The petitioner has challenged the provision of 376,496 B and 496 C of PPC( Act.XLV of 1860 as inserted by proction of women Criminal law ammendement)the injunction of Islam.
Sh.P.NO.1/I/2010
130 7.
Sh.P.No.1/K/2007 S. Mohi-Ud-Din Vs.
Challenged the decree of dissolution of
Appeal has filed.
252 Federation of Pakistan Linked With Sh.P.No.3/L/2005 Linked With Sh.P. No. 7/I/2007 Linked With Sh.P. No. 2/K/2007 Linked With Sh.P.No.3/K/2007 Linked With Sh.P.No.2/L/2006 marriage which is granted on the basis of Khula, though amendment Ordinance No.45 of 2002 by the President in Family Court Act, 1964 and also 2. That the Section 10(4) of the Family Court Act, 1964. Whereby the said amendment is contrary of Quran and Sunnah.
of jurisdiction by a competent Qazi to decree the case of Khula agitated before him by a wife, after reconciliation fails. As discussed above in detail. The Ayaat and Ahadith relied upon by the petitioners neither specifically relate to the issue of Khula nor to the lack of authority of a Qazi duly authorized by an Islamic. State to resolve the disputes between husband and wife. The interpretation of the said Verses and Ahadith is also not unanimous. Judgment dt; 28-5-2009
130 8.
Sh.P. No.3/I/2007 Ch.Muhammad Aslam Ghuman Vs Federation of Pakistan L/W Sh.P.No.1/I/2007
L/W
The petitioner has challenged the provision of section 5,6,7,of the proction of women(Crimin al Laws Amendment act.2006 against the injection of Islam.
Sh.P.NO.1/I/2010
The Court has declared on 22-12-2010 that the protection of women (Criminal Law Amendment) Act, 2006. And Control of Norcatics substances Act, 1997. Violate of Article 203DD of the constituation of Islamic Republic of Pakistan, 1973, and directed Federal Government to take necessary setps to amend the impugned laws till 22.6.2011. Where after impugned Judgment of the Federal Shariat Court will be operative as on 22-6-2011. Fit for reporting PLD 2011,FSC Page-1 ( Part Februarey )
Appeal has file Civil Shariat Appeal 2 of 2011. Civil Shariat Appeal 3 of 2011. (BY ANF through its DG Vs. Ch.Muhammad Aslam Ghuman
130 9.
Sh.P.No.3/K/2007 S.Matanat Mouzam Bukhari Vs. Federation of Pakistan Linked With Sh.P.No.3/L/2005 Linked With Sh.P. No. 7/I/2007 Linked With Sh.P. No. 1/K/2007 Linked With Sh.P.No.2/K/2007 Linked With Sh.P.No.2/L/2006
Challenged the decree of dissolution of marriage which is granted on the basis of Khula, though amendment Ordinance No.45 of 2002 by the President in Family Court Act, 1964 and also 2. That the Section 10(4) of the Family Court Act, 1964. Whereby the said amendment is contrary of Quran and Sunnah.
Dismissed. Appeal has The Court has declared that filed. is no specific verse authentic Ahadith that provides a bar to the exercise of jurisdiction by a competent Qazi to decree the case of Khula agitated before him by a wife, after reconciliation fails. As discussed above in detail. The Ayaat and Ahadith relied upon by the petitioners neither specifically relate to the issue of Khula nor to the lack of authority of a Qazi duly authorized by an Islamic. State to resolve the disputes between husband and wife. The interpretation of the said Verses and Ahadith is also not unanimous. Judgment dt; 28-5-2009 The Court has dismissed for Appeal not grant of stay of the filed execution of death sentence of the petitioners 6.4.2007
131 0.
Sh.Misc .No.4/I/2007 in In Sh.P.No.4/I/2007
The petitioner have Challenged under article 203 D of the constutition of
253 Zafar etc Vs Federation of Pakistan Islamic republic of Pakistan praying theirin that section 302(b) PPC, 1860 and section 345(2) Cr.P.C ,50 for that all legal heirs of the victim to agree on Compromise, may gr-ciously declared to Holy Quran and Sunnah of the holy Prophet Challenged the PCO Order No.1, 2007 and oath of office (Judges) order 2007. PLD 2009 FSC Page 62
131 1.
Sh.P.No.9/I/2007 Maulvi Iqbal Haider Vs Federation of Pakistan
Disposed of. Appeal not The petitioner has requested filed for withdrawal the petition. Request Allowed. Order dated; 25-3-2008.
2008
S. No. Shariat Petition No. & Party Names Law Challenged FSC Decision Appeal filed in the Hon.Suprem e Court of Pakistan or not with Status Appeal not filed
131 2.
131 3.
Sh.P.No.1/I/2008 Society of transplant physicians and surgeons Pakistan Vs. Federation of Pakistan Sh.P.No.1/Q/2008 Jamil ur Rehman Vs Federal Government of Pakistan
Challenging the S.S. No.3(1), 5(1), (2) of S.7(1) of the transplantation of human organs tissues ordinance.2007 The petitioner has challenged section 7 of Muslim Family Laws Ordinance, 1961 and requested to examine and deside the quistion of talaq as prescribed under section 7 of the ordinance. Challenged Political Order, 2002. Political Parties Rules, 2002. National Assembly and Provincial Assemblies Allocation of Reserved Seats for Woman and non Muslims (Procedure) Rules, 2002 being repugnant to the Injunctions of Islam. Etc
Dismissed on 20.4.2009. SD 2009 PAGE-641.
In view of the decision of this Appeal has not court reported in 2000 SD filed. Page 723 this petition has become infructuous and has been dismissed on 21-102008,
131 4.
Sh.P.No.5/I/2008 Abdul Jalil Adil etc Vs Federal Government of Pakistan
Disposed of as withdrawn. Appeal has not The petitioner has requested filed. for withdrawal of the petition with permission to file a fresh petition. Request has been Allowed. Order dated; 24-2-2009.
2009
254 Names Hon.Suprem e Court of Pakistan or not with Status Filed Review The revew petition has been Appeal not petition in the light allowed and the filed of Court order dated S.P.No.2/I/2008 has been 22-1-2009 and restored for regular hearing stated that none dated.13.5.2010. such thing is available in the above mentioned decision. He further stated that his submission will not be decided in light Dismissed for non of Quran and prosecution. Sunnah. The Court has already been examined by a Large Bench Court in Public Notice No. Section 7 and 11 of 229/P/84 dated 21-6-1984 the Punjab Waqf and the Court, after Properties considering the Punjab Waqf Ordinance, 1979 Properties laws, made the (Ordinance IV of following observations in 1979). respect of sections7 and 11 Section 7 which are being challenged authorizes the Chief by the petitioner. Administrator of Order dated; 22-1-2009. Auqaf to take over the Waqf property by publishing a notification in the Official Gazette. Section 11 provides that any person calming any interest in any Waqf property in respect of. Provide that section. Review Shariat The Court has been The review Petition under dismissed in limini on 11-9- Petition has Article 203-E(9) of 2009. been filed in the Constitution of the Supreme Islamic Republic of Court and has Pakistan 1973 been against the dismissed as Judgment of the withdrawn on Federal Shariat 1-9-2010. Court dated 20-42009 in Shariat Petition No.1/I/2008
The Petitioner has challenged Articles 184, 209 and 211 of the Constitution of Islamic Republic of Pakistan which are against the Injunctions of Islam. The Petition has been dismissed in limine 23-4-2010. PLJ 2011 FSC Page 49 The Petition has been filed in the Hon.Supreme Court.pending
131 5.
Sh.Rew.P.No.1/I of 2009 Hasnain Khurshid Vs The Government of Pakistan
IN
Sh.P.No.2/I/2008 Hasnain Khurshid Vs The Government of Pakistan
131 6.
Rew.Sh.P.No.2/I/2009
Society of Transplant Physicians and Surgeons Pakistan Vs Federation of Pakistan through Ministry of Law Justice and Human Rights, Islamabad IN Sh.P.No.1/I/2008
Sh.P.No.3/K/2009 Muhammad Siddiq Mirza Vs Federal Government through Secretary Ministry of Law Justice & Human Rights, Islamabad
131 7.
255
256
2010
S. No. Shariat Petition No. & Party Names Law Challenged FSC Decision
Appeal filed in the Hon.Supreme Court of Pakistan or not with Status
1.
2.
Sh.P.No.1/L of 2010 Mian Muhammad Murtaza Vs Federation of Pakistan Sh.P.NO.1/I/2010 Abdul Latif Sufi Vs Federation of Pakistan L/W Sh.P. No.1/I/2007 Mian Abdul Razzaq Aamer L/W Sh.P.No.3/I/2007 Ch.Muhammad Aslam Ghuman
Under sections 3(1), The Petition has been (2) and 4 of West dismissed on 29-9-2010 Pakistan Family Court Act, 1964 (xxxv) of 1964 The petitioner has challenged the provision in section 5, 6 and 7 of the Protection of woman (Criminal law amendment) Act No.VI of 2006as being against the injunction of Islam. The Court has declared on 22-12-2010 that the protection of women (Criminal Law Amendment) Act, 2006. And Control of Norcatics substances Act, 1997. Violate the Article 203DD of the constituation of Islamic Republic of Pakistan, 1973, and directed Federal Government to take necessary setps to amend the impugned laws till 22.6.2011. Where after impugned Judgment of the Federal Shariat Court will be operative as on 22-6-2011. Fit for reporting PLD 2011,FSC Page-1 ( Part Februarey )
Not filed in the Supreme Court
Appeal not filed
Civil Shariat Appeal 2 of 2011. Civil Shariat Appeal 1 of 2011. Civil Shariat Appeal 3 of 2011. (BY ANF through its DG Vs. Ch.Muhammad Aslam Ghuman
3.
Sh.P.No.3/I of 2010 Muhammad Iqbal Mufakkir Vs Government of Pakistan
The petitioner has been Challenged Article16 Of Qanoon-e-
This matter has already been Appeal not decided in the case of filed Federation of Pakistan Vs Muhammad Shafi S Muhammadi and another as h 1994 PSC, Page 434. Order a dt. 19,10.2010 h a d a t
Ordinance. 4.
257

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1 S. No. Shariat Petition No. & Party Names Law Challenged Appeal filed in the Hon.

Sh.P.No.1/L/1979 Mr. Ghulam Nabi Awan Vs. The Fed: of Pakistan

Disposed of as withdrawn. Order dated 28-4-1979.

Appeal not filed

S.P.No.05/L/1979 Subedar Lal Khan Vs. Central Government of Pakistan

S.P.No.06/L/1979 Sh. Ghulam Farooq Vs. Federation of Pakistan

S.P.No.07/L/1979 Muhammad Ali Vs. Govt. of Pakistan

S.P.No.08/L/1979 Muhammad Hussain Vs. Islamic Republic of Pakistan

S.P.No.09/L/1979 Muhammad Bashir Vs. Islamic Republic of Pakistan

Dismissed in default. Order dated; 16-9-1979

Linked with S.P.No.69/L/1979

S.P.No.13/K/1979 Abdul Karim Ismail Vs. Pir Muhammad etc

8-1990. PLD 1989 SC Page633.

S.P.No.15/L/1979 M. Akram Vs. Government of Pakistan and others

Dismissed on 13.12.1980 (Original Judgment S.P.No.1-L-1979)

Appeal has not in filed.

S.P.No.21/L/1979 Asghar Ali Moona Vs. Government of Pakistan and another

S.P.No.22/L/1979 Muhammad Shariaf Vs. The State

S.P.No.23/L/1979 Ali Muhammad etc Vs. The State

S.P.No.24/K/1979 Essa E.H. Jaffar Vs. Secretary of Pakistan and another

S.P. No.25/L/1979 Qazlibash Vs. Chief Land Commissioner Punjab Lahore

MLR 115 Waqf Property challenged being repugnant to injunctions of Islam.

S.P.No.27/L/1979 Muhammad Ibrahim Vs. Barkhurdar etc.

S.P.No.28/L/1979 Malik Haji Muhammad Aslam etc Vs. Federation of Pakistan

S.P No.28/P/1979 Raqeem Khan Vs.

Section 2(IIA) of the Dissolution of Muslim Marriage

Dismissed on 7.3.1981 being incompetent in view of the judgment of Supreme Court

Dismissed on 13.12.1980 for Appeal has not want of jurisdiction filed.

Dismissed on 13.12.1980 for want of jurisdiction

S.P.No.30/L/1979 Dilawar Khan etc Vs. Federation of Pakistan etc.

S.P.No. 31/L/1979 Mr. Arshad and another Vs. Federation of Pakistan

Sh.P.No.32/L/1979 Abdul Hameed Dogar etc. Vs. Federation of Pakistan etc.

Dismissed on 17.2.1981 Appeal not having no jurisdiction. filed

Sh.P.No.35/L/1979 Syed Bakhtiar Abbas Vs. The Govt. of Punjab

Sh.P.No.36/L/1979 Khushi Muhammad Vs. Federation of Pakistan

Sh.P.No.38/K/1979 Hakim Syed Muhammad Warsi Vs. Government of

Appeal has not filed.

Sh.P.No.39/L/1979 Muhammad Zakaullah Khan Vs. Government of Pakistan

Sh.P.No.41/L/1979 B.Z. Kaikaus Vs Federal Government of Pakistan

Sh.P.No.42/L/1979 Ali Muhammad

Sh.P.No.43/L/1979 Muhammad Latif etc. Vs. Government of Pakistan etc.

Sh.P.No.45/L/1979 Malik Ghulam Haidar Vs. Govt of Pakistan

Sh.P.No.46/L/1979 Muhammad Yousaf

Sh.P.No.48/L/1979 Muhammad Iqbal Vs. Federation of Pakistan etc.

Sh.P.No.53/L/1979 Muhammad Ishfaq Vs. Government of Pakistan etc.

Appeal not filed

Appeal not filed

Appeal not filed

Appeal not filed

Sh.P.No.56/L/1979 Tehseen Ahmed Shah Vs. Land Commissioner etc.

Sh.P.No.57/L/1979 Muhammad Awais Shah Vs Dy Land Commissioner Rahimyar Khan etc

Sh.P.No.58/L/1979 Amina Bibi Vs land Commissioner

Sh.P.No.63/L/1979 Bashir Ahmed Vs. Fed: of Pakistan

Appeal not filed

Appeal not filed

Sh.P.No.64/L/1979 Elahi Bakhsh Vs. Province of Punjab

Sh.P.No.65/L/1979 Muhammad Ashraf Vs. Islamic Republic of Pakistan etc.

Sh.P.No.71/L/1979 Mian Zahoor Ahmed Vs. Central Government of Pakistan

Appeal not filed

Sh.P.No.1/L/1980 Mr.Noshir Rustam Sidhwa Vs. The Federation of Pakistan

Sh.P.No.1/I/1980 Muhammad Duryab Yousaf Qureshi Vs. Chairman Wapda

Sh.P No.01/P/1980 Sher Ali Khan Vs. Govt. of Pakistan etc.

Dismissed on 16.12.1980 for want of jurisdiction.