Please note: Our team regularly takes up cases involving the Federal Shariat Court.Please call now at +92-51-8442922 or send us an email at aemen@joshandmak.com if you are looking for one of Pakistan’s best legal teams for representation at the Federal Shariat Court.

The Federal Shariat Court, which is based in Islamabad, is the highest court of the sharia court system. This court is comprised of eight (8) Muslim justices, including the Chief Justice. The Chief Justice is appointed by the President from amongst retired or serving Muslims justices of the Supreme Court. Of the remaining justices, four (4) are appointed from amongst retired or serving Muslim High Court Justices and three (3) from amongst Ulema (Islamic scholars). There are also exist forums exercising original jurisdictions in cases involving Hudood laws (certain criminal laws) in major cities, which function under the supervision of the Federal Shariat Court.

The Federal Shariat Court exercises both original and appellate jurisdiction. In its appeals jurisdiction, it entertains from the orders and judgments in cases involving Hudood laws (certain criminal laws). In its original jurisdiction, the Court may, either on it own motion or on a reference from a Government or a petition from a Pakistani citizen, examines the views of a particular provision of law to determine whether or not it is in conformity with injunctions of Islam. If Federal Shariat Court strikes down a provision for being repungant to Islam, an appeal may be made to the Supreme Court of Pakistan.

Recently several laws have been declared to be repungant to Islam, including interest laws. However, petroleum laws have never been challenged.

S. No. Shariat Petition No. & Party Names Matter/Law Points Involved Court Findings/ Orders Appeal filed or Not with status?
Sh.P.No.1/L/1979

Mr. Ghulam Nabi Awan

Vs.

The Fed: of Pakistan

L/W

Sh.P.No.18/K/1979

Syed Masood Ahmed Vs. President of Pakistan

‘Iztirar’ section 6 (regarding drinking of liquor) of the Prohibition (Enforcement of Hadd), Order 1979 challenged being repugnant to injunctions of Islam.

Sections 17 of the said Ord. (regarding Licensee for Bonafide Medicinal or other Purpose).

The use of liquor during iztrar is, therefore, not 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). Appeal not filed
Sh.P.No.1/K/1979

Muhammad Shafi Muhammadi

Vs.

The Federation of Pakistan

The death sentence U/S 302 PPC R/W Sec.109 and 111of PPC is un Islamic unless it is based on “Al-Haq”. Dismissed on 23.9.1980 on the ground that in cases in which right of man is treated to be predominant, the provisions of sections 401, 202 A and 402 B Cr.P.c shall not apply. These sections are repugnant to the Holy Quran and the Sunnah of the Holy Prophet (peace be upon him) to this extent. This decision shall take effect from the 1st of April, 1980 Filed in the Supreme Court
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

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

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

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 Pre-emption Act, 1913, read with Article 10 & 120 of Limitation Act, 1908 challenged pre-emption Cases being repugnant of injunction to the 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 Court’s order dated 13.12.1980. Appeal filed in the Hon’ble Supreme Court of Pakistan Sh.A.No.1,3,8,9,10 of 1981 and 1 of 1987 are Allow and Sh. A.No 4 of 1981 with reservation content in Para 3 above of 1984 are partly Allow dated on 10-8-1998 and Rev.Petition as filed dated on 14-12-1991
S.P.No.03/L/1979

Malik Haji Muhammad Aslam etc       Vs.

Govt. of Punjab

i. ‘Acquisition of land’ (Housing Act 1973)

ii. Section 2(f) Punjab Development of Cities Act of 1979 challenged being repugnant to injunctions of Islam.

The judgment in the aforesaid subject matter was passed in S.P.No.02-L/1979 vide Court’s order dated 13.12.1980 vide PLD 1981 FSC Page 30. Appeal filed in the Hon’ble Supreme Court of Pakistan and dismissed the appeal on 10-7-1989
S.P.No.04/Q/1979

Ghulam Kibriya

Vs.

The Federation of Pakistan

Request for omission of   section offence of zina EHO, Ord.1979. Dismissed on 14.4.1981. Appeal not filed
S.P.No.04/L/1979

Malik Ghulam Jilani

Vs.

The Federation of Pakistan and others

Section 302 PPC, section 345 (7) Cr.P.c r/w column 6 of the second schedule of the Cr.P.c against the entry of section 302 PPC being contrary to the injunctions of Islam. 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

Section 25 of MLR-115 challenged being repugnant to injunctions of Islam The judgment in the aforesaid subject matter was passed in S.P.No.02-L/1979 vide Court’s order dated 13.12.1980 vide PLD 1981 FSC Page 30 order dated 13.12.1980 Appeal filed in the Hon’ble Supreme Court of Pakistan
S.P.No.06/L/1979

Sh. Ghulam Farooq Vs.

Federation of Pakistan

Section 25(3)(d) of Martial Law Regulation 115 (regarding Punjab Preemption Act, 1913, Land Reform Act, 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 Court’s order dated 13.12.1980 vide PLD 1981 FSC Page 30 order dated 13.12.1980 Appeal filed in the Hon’ble Supreme Court of Pakistan and dismissed the appeal on 10-7-1989
S.P.No.07/L/1979

Muhammad Ali

Vs.

Govt. of Pakistan

Sections 5,7,8,9,14,15 and 16 of Punjab Preemption Act, 1913 and Para 25(3)(d) MLR-115 challenged being repugnant to injunctions of Islam The judgment in the aforesaid subject matter was passed in S.P.No.02-L/1979 vide Court’s order dated 13.12.1980 vide PLD 1981 FSC Page 30 order dated 13.12.1980 Appeal filed in the Hon’ble Supreme Court of Pakistan
S.P.No.08/L/1979

Muhammad Hussain

Vs.

Islamic Republic of Pakistan

Section 15 of the Punjab Preemption Act, 1913 and Para 25(3)(d) LRR Act, 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 Court’s order dated 13.12.1980 vide PLD 1981 FSC Page 30 order dated 13.12.1980 Appeal filed in the Hon’ble Supreme Court of Pakistan
S.P.No.09/L/1979

Muhammad Bashir Vs.

Islamic Republic of Pakistan

Section 15 of the Punjab Preemption Act, 1913 and Land Reform Regulation Act, 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 Court’s order dated 13.12.1980 vide PLD 1981 FSC Page 30 order dated 13.12.1980 Appeal filed in the Hon’ble Supreme Court of Pakistan
S.P.No.10/L/1979

Khizir Hayat

Vs.

The Federation of Pakistan, the Province of Punjab

Section 25 of MLR-115 and sections 16 and 17 of Punjab Preemption 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 Court’s order dated 13.12.1980 vide PLD 1981 FSC Page 30 order dated 13.12.1980 Appeal filed in the Hon’ble Supreme Court of Pakistan
S.P.No.11/L/1979

Muhammad

Vs.

Fed: of Pakistan

Section 302 PPC; section 345(7) Cr.P.c. in the light of Injunction of Islam. Dismissed in default.

Order dated; 16-9-1979

Appeal not filed
S.P.No.12/L/1979

Haji Rahim Bakhsh Vs.

Govt. of Pakistan

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 Preemption 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 Court’s order dated 13.12.1980 vide PLD 1981 FSC Page 30 order dated 13.12.1980 Appeal filed in the Hon’ble Supreme Court of Pakistan
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”. Dismissed on 23.9.1980 on the ground that in cases in which right of man is treated to be predominant, the provisions of sections 401, 202 A and 402 B Cr.P.c shall not apply. These sections are repugnant to the Holy Quran and the Sunnah of the Holy Prophet (peace be upon him) to this extent. This decision shall take effect from the 1st of April, 1980. Appeal not Filed
S.P.No.13/K/1979

Abdul Karim Ismail Vs.

Pir Muhammad etc

Challenged Mamon Community’ Rules about marriage, Rules about divorce, Vicarious liability of member, Fine and punishment. Dismissed on 18.4.1981 due to lake of jurisdiction Appeal has not filed.
S.P.No.13/L/1979

Muhammad Riaz Vs.

Federal Government and another

Linked with

 

 

 

S.P.No.69/L/1979

Javed and other Vs.

The Federal Government and

Linked with

 

 

 

 

 

S.P.No.9/L/1980

Niaz Hussain

Vs…

Federation of Pakistan

Qisas and Deeyat

Qisas and Deeyat

Qisas and Deeyat

Allowed on 23.9.1980,   the provisions of sections 401,402,402-A and 402 B Cr.P.c shall not apply. These sections are repugnant to the Holy Quran and Sunnah of the Holy Prophet to this extent.

Allowed on 23.9.1980, the provisions of sections 401,402,402-A and 402 B Cr.P.c shall not apply. These sections are repugnant to the Holy Quran and Sunnah of the Holy Prophet to this extent.

Allowed on 23.9.1980,   the provisions of sections 401,402,402-A and 402 B Cr.P.c shall not apply. These sections are repugnant to the Holy Quran and Sunnah of the Holy Prophet to this extent.

Filed in the S.C
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.

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 Sharia3. S.P.No.13-K/1979

Sections 401, 402 (b), 544 (a) Cr.P.c and section 134 Evidence Act.

4. S.P.No.01-K/1979, S.P.No.20-K/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, 329,331,333,335,338 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

S.P.No.20-K/1979 and S.P.No.01-K/1979 have been dismissed and allowed other connected petitions with directions that amendment be made in the different section of PPC as suggested in Para 137, 138, 139, 141, 144,145,153 to 158 of detailed judgment of this Hon’ble Court order dated 13.12.1980 Sh: Rev No.1-R 1990,

Sh: Pet. Nos. 327-L and 9-11/1990 Fed. of Pakistan Vs. NWFP Govt. & others

Appeal before Hon’ble Supreme Court as Sh: Misc. No.8-R/1990

(Qisad and Diyat ord: relating to some provisions of PPC & Cr.P.C have been promulgated on 5.9.1990)

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 preemption act.1913 (Article 10 of limitation Act, 1908 petitioner praying that the above section of laws are repugnant to injunctions of Islam) S.P.No.20-K/1979 and S.P.No.01-K/1979 have been dismissed and allowed other connected petitions with directions that amendment be made in the different section of PPC as suggested in Para 137, 138, 139, 141, 144,145,153 to 158 of detailed judgment of this Hon’ble Court dated 13.12.1980 Sh: Rev No.1-R 1990,

Sh: Pet. Nos. 327-L and 9-11/1990 Fed. of Pakistan Vs. NWFP Govt. & others

Appeal before Hon’ble Supreme Court as Sh: Misc. No.8-R/1990

(Qisad and Diyat ord: relating to some provisions of PPC & Cr.P.c have been promulgated on 5.9.1990)

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 S.P.No.20-K/1979 and S.P.No.01-K/1979 have been dismissed and allowed other connected petitions with directions that amendment be made in the different section of PPC as suggested in Para 137,138,139,141,144,145,153 to 158 of detailed judgment of this Hon’ble Court dated 13.12.1980 Sh: Rev No.1-R 1990,

Sh: Pet. Nos. 327-L and 9-11/1990 Fed. of Pakistan Vs. NWFP Govt. & others

Appeal before Hon’ble Supreme Court as Sh: Misc. No.8-R/1990

(Qisad and Diyat ord: relating to some provisions of PPC & Cr.P.c have been promulgated on 5.9.1990)

S.P.No.16/L/1979 Haji Sadiq Beig and another

Vs.

Province of Punjab etc

U/s 15 of Punjab Preemption Act,1913 challenged being repugnant to injunctions of Islam S.P.No.20-K/1979 and S.P.No.01-K/1979 have been dismissed and allowed other connected petitions with directions that amendment be made in the different section of PPC as suggested in Para 137, 138, 139, 141, 144,145,153 to 158 of detailed judgment of this Hon’ble Court dated 13.12.1980 Sh: Rev No.1-R 1990,

Sh: Pet. Nos. 327-L and 9-11/1990 Fed. of Pakistan Vs. NWFP Govt. & others

Appeal before Hon’ble Supreme Court as Sh: Misc. No.8-R/1990

(Qisad and Diyat ord: relating to some provisions of PPC & Cr.P.c have been promulgated on 5.9.1990)

S.P.No.16/K/1979

G.M. Salim and another

Vs.

Federation of Pakistan

Representation of People Act, 1979 (Act No. LXXXV of 1976) is repugnant to the Injunctions of Islam Dismissed on 13.12.1980 Appeal has not filed.
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

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. However, this matter was not within the jurisdiction of this Court as mentioned in Court’s order dated 17.2.1981, passed in S.P.No.10-L/1980. Appeal not filed
S.P.No.18/L/1979

Mst; Zuhra Bibi

Vs.

Government of Punjab

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 Vide Court order dated 28.4.1979. The matter has been disposed of as withdrawn. Appeal not filed
S.P.No.18/K/1979

Syed Masood Ahmad

Vs.

President of Pakistan

Challenged Presidential Order NO.3 of 1979 dated 10.2.1979. Dismissed on 13.12.1980

(Original Judgment in S.P.No.1-L-1979)

Appeal has not filed.
S.P.No.19/L/1979

Ch: Abdul Salam

Vs.

The Federal Govt of Pakistan & Province of Punjab

Petitioner praying that Section 4 of Muslim Family Laws 1961 be declare repugnant to injunctions of Islam. Dismissed on 17.02.1981. However, this matter was not within the jurisdiction of this Court as mentioned in Court’s order dated 17.2.1981, passed in S.P.No.10-L/1980. Appeal not filed
S.P.No.19/K/1979

Syed Masood Ahmad

Vs.

President of Pakistan

Challenged Presidential Order NO.3 of 1979 dated 10.2.1979. Dismissed on 13.12.1980 Appeal has not filed.
S.P.No.20/L/1979

Muhammad Sharif Vs.

The   Federal Government of Pakistan

Petitioner prayed that the provision of Section 302 PPC providing Sentence of death awarded to the petitioners are contrary to the repugnant to injunctions of Islam Vide order dated 28.4.1979. The case was disposed of as withdrawn. Appeal not filed
S.P.No.21/L/1979

Asghar Ali Moona Vs.

Government of Pakistan and another

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 preemption being repugnant to injunction of Islam. Vide order dated 28.4.1979. The case was disposed of as withdrawn. Appeal not filed
S.P.No.22/L/1979

Muhammad Shariaf

Vs.

The State

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. Dismissed in default vide Court’s order dated 16.9.1979. Appeal not filed
S.P.No.23/L/1979

Ali Muhammad etc Vs.

The State

MLR-115, Para 25 3(d) and section 6 of the Act (regarding Punjab Preemption 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 The judgment in the aforesaid subject matter was passed in S.P.No.02-L/1979 vide Court’s order dated 13.12.1980 vide PLD 1981 FSC Page 30. Appeal filed in the Hon’ble Supreme Court of Pakistan
S.P. No.24/L/1979

Jahan Khan and others

Vs.

Nazir and others

MLR-115, Para 25 3(d) (regarding Punjab Preemption Act, 1913, Land Reform Act, 1972) prayed that it may kindly be declared that the tenants have no right of preemption being repugnant to injunctions of Islam. The judgment in the aforesaid subject matter was passed in S.P.No.02-L/1979 vide Court’s order dated 13.12.1980 vide PLD 1981 FSC Page 30. Appeal filed in the Hon’ble Supreme Court of Pakistan
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. Dismissed on 13.6.1982, on the ground that the Pakistan 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. Appeal has not filed.
S.P. No.25/L/1979

Qazlibash

Vs.

Chief Land Commissioner Punjab Lahore

MLR 115 Waqf Property challenged being repugnant to injunctions of Islam. The judgment in the aforesaid subject matter was passed in S.P.No.02-L/1979 vide Court’s order dated 13.12.1980 vide PLD 1981 FSC Page 30. Appeal filed in the Hon’ble Supreme Court of Pakistan Sh.A.No.1,3,8,9,10 of 1981 and 1 of 1987 are Allow and Sh. A.No 4 of 1981 with reservation content in Para 3 above of 1984 are partly Allow dated on 10-8-1998 and Rev.Petition as filed dated on 14-12-1991
S.P. No.26/L/1979

Nisar Ahmed

Vs.

Islamic Republic & another

Punjab Preemption 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.02-L/1979 vide Court’s order dated 13.12.1980 vide PLD 1981 FSC Page 30. Appeal filed in the Hon’ble Supreme Court of Pakistan
S.P.No.27/L/1979

Muhammad Ibrahim

Vs.

Barkhurdar etc.

Section 3, 4, 14, 15, 19 & 20 of Punjab Preemption 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 Court’s order dated 13.12.1980 vide PLD 1981 FSC Page 30. Appeal filed in the Hon’ble Supreme Court of Pakistan
S.P No.27/P/1979

Pir Qutub Shah

Vs.

The State

Provisions of NWFP Preemption 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 Court’s order dated 13.12.1980 vide PLD 1981 FSC Page 30 Appeal not filed
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. The judgment in the aforesaid subject matter was passed in S.P.No.02-L/1979 vide Court’s order dated 13.12.1980 vide PLD 1981 FSC Page 30. Appeal filed in the Hon’ble Supreme Court of Pakistan
S.P No.28/P/1979

Raqeem Khan

Vs.

Govt. of Pakistan

Section 2(IIA) of the Dissolution of Muslim Marriage Act, 1939 granting a wife the right to obtain divorce challenged being repugnant to injunctions of Islam Dismissed on 7.3.1981 being incompetent in view of the judgment of Supreme Court of Pakistan in Shariat Appeal No.2-P/1980 Appeal not filed
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

Challenged validity of the Political Parties Act, 1962

Challenged Political Parties (Amendment) Ordinance, 1979 (42 of 1979)

Dismissed on 13.12.1980 for want of jurisdiction

Dismissed on 13.12.1980 for want of jurisdiction

Appeal has not filed.
S.P.No.29/L/1979

Sher Zaman etc

Vs.

Islamic Republic of Pakistan

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. Dismissed on 15.9.1979. However, this matter was not within the jurisdiction of this Court as mentioned in Court’s order dated 17.2.1981, passed in S.P.No.10-L/1980. Appeal not filed
S.P.No.30/L/1979

Dilawar Khan etc Vs.

Federation of Pakistan etc.

MLR 115 (regarding Punjab Preemption Act, 1913, Land Reform Act, 1972) prayed that Section 15(b) of Punjab Preemption Act, being repugnant to injunctions of Islam. The judgment in the aforesaid subject matter was passed in S.P.No.02-L/1979 vide Court’s order dated 13.12.1980 vide PLD 1981 FSC Page 30. Appeal filed in the Hon’ble Supreme Court of Pakistan
S.P.No. 31/L/1979

Mr. Arshad and another

Vs.

Federation of Pakistan

Section 15 of Punjab Preemption Act, 1913 petitioner prayed that legal provision impugned herein may graciously be declared to be against repugnant to injunctions of Islam. The judgment in the aforesaid subject matter was passed in S.P.No.02-L/1979 vide Court’s order dated 13.12.1980 vide PLD 1981 FSC Page 30. Appeal filed in the Hon’ble Supreme Court of Pakistan
Sh.P.No.32/L/1979

Abdul Hameed Dogar etc.

Vs.

Federation of Pakistan etc.

House Building Finance Corporation Act petitioner prayed that the Hon’ble 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. Dismissed as withdrawn vide Court’s order dated 15.9.1979. Appeal not filed
Sh.P No.32/P/1979

Aurangzeb

Vs.

Federation of Pakistan

Section 6 of Muslim Family Law Ord. 1961 regarding second marriage challenged being repugnant to injunctions of Islam. Dismissed on 17.2.1981 having no jurisdiction. Appeal not filed
Sh.P.No.33/L/1979

Atta Mohiuddin

Vs.

Province of Punjab and another

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. The judgment in the aforesaid subject matter was passed in S.P.No.02-L/1979 vide Court’s order dated 13.12.1980 vide PLD 1981 FSC Page 30. Appeal filed in the Hon’ble Supreme Court of Pakistan
Sh.P.No.33/K/1979

Habibur Rehman Siddiqui Kandhelvee and another

Vs.

Government of Pakistan etc

Challenged the word “Jumhuriat” and the word “Islamic Republic of Pakistan” as repugnant to the Injunctions of Islam. Dismissed on 4.10.1980 Appeal has not filed.
Sh.P.No.34/L/1979

Muhammad Nawaz Abbasi

Vs.

Federation of Pakistan

Sections 5, 13 & 33 of MLR (regarding Punjab Preemption Act, 1913, Land Reform Act, 1972) petitioner prayed that the Hon’ble 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. Dismissed for non-prosecution vide Court’s order dated 16.02.1980 Appeal not filed
Sh.P.No.35/L/1979

Syed Bakhtiar Abbas

Vs.

The Govt. of Punjab

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. The judgment in the aforesaid subject matter was passed in S.P.No.02-L/1979 vide Court’s order dated 13.12.1980 vide PLD 1981 FSC Page 30. Appeal filed in the Hon’ble Supreme Court of Pakistan
Sh.P.No.36/L/1979

Khushi Muhammad

Vs.

Federation of Pakistan

MLR. 115 (regarding Punjab Preemption Act, 1913, Land Reform Act, 1972) petitioner prayed that the legal prevision impugned herein may graciously be declared to be repugnant to injunctions of Islam. The judgment in the aforesaid subject matter was passed in S.P.No.02-L/1979 vide Court’s order dated 13.12.1980 vide PLD 1981 FSC Page 30. Appeal not filed
Sh.P.No.36/K/1979

Syed Qammurul Hasnain and others Vs.

Fed. Govt. of Pakistan

Challenged the provision of MLR 115 (Land Reforms Regulation). See Judgment in S.P.No.5-L-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. Appeal filed in the Supreme Court bearing No. Shariat Appeal No.1 of 1987
Sh.P.No.37/L/1979

Amir Sultan Shah etc. Vs.

Government of Pakistan etc.

Section 302, 307, 452, 148, 149 PPC and section 345 Cr.P.c challenged being repugnant to injunctions of Islam. Dismissed in default vide Court’s order dated 16.9.1979. Appeal not filed
Sh.P.No.38/L/1979

Kalu

Vs.

Government of Pakistan

Para 25(3) (d) of MLR-115, section 30 of Punjab Preemption Act, 1913 and Article 10 of Limitation Act, 1908 petitioner prayed that the above section of Law being repugnant to injunctions of Islam. The judgment in the aforesaid subject matter was passed in S.P.No.02-L/1979 vide Court’s order dated 13.12.1980 vide PLD 1981 FSC Page 30. Appeal not filed
Sh.P.No.38/K/1979

Hakim Syed Muhammad Warsi Vs.

Government of Pakistan

Challenged the varies Martial Law Regulations 84, 89 and 91issued during the Martial Law 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. Dismissed on 17.12.1980 Appeal has not filed.
Sh.P.No.39/L/1979

Muhammad Zakaullah Khan

Vs.

Government of Pakistan

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. The judgment in the aforesaid subject matter was passed in S.P.No.02-L/1979 vide Court’s order dated 13.12.1980 vide PLD 1981 FSC Page 30. Appeal not filed
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

For striking down and declaring the West Pakistan Animals Slaughter Control Act, 1963 to be null & void on account of the same Absolutely un-Islamic and against all Quranic Injunctions. Dismissed on 10.8.1980 as there is no substance in the petition. Appeal has not filed.
Sh.P.No.40/L/1979

Syed Ghulam Mustafa Shah

Vs.

Government of Pakistan

MLR-115, paragraph 25 (d) of Punjab Preemption 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. The judgment in the aforesaid subject matter was passed in S.P.No.02-L/1979 vide Court’s order dated 13.12.1980 vide PLD 1981 FSC Page 30. Appeal not filed
Sh.P.No.41/L/1979

B.Z. Kaikaus

Vs

Federal Government of Pakistan

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. The petition has been dismissed vide Court’s order dated 13.12.1980 with observation that the existing election laws do not need any amendment of the kind recommended in the leading judgment. Appeal not filed
Sh.P.No.42/L/1979

Ali Muhammad Vs. Government of Pakistan

Section 302 PPC petitioner prayed 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 non-compoundable may be examined and declared   being repugnant to injunctions of Islam. The petition was dismissed in default vide Court’s order dated 16.9.1979 Appeal not filed
Sh.P.No.43/L/1979

Muhammad Latif etc. Vs.

Government of Pakistan etc.

MLR-115, Sections 30 of Punjab Preemption 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. The judgment in the aforesaid subject matter was passed in S.P.No.02-L/1979 vide Court’s order dated 13.12.1980 vide PLD 1981 FSC Page 30. Appeal not filed
Sh.P.No.44/L/1979

Mst. Bushra Bibi

Vs.

Deputy Land Commissioner Rahimyar Khan & 2 others

MLR-115, Land Reform Act II of 1977 and rules framed there under challenged being repugnant to injunctions of Islam The judgment in the aforesaid subject matter was passed in S.P.No.02-L/1979 vide Court’s order dated 13.12.1980 vide PLD 1981 FSC Page 30. Appeal filed in the Hon’ble Supreme Court of Pakistan Sh.A.No.1,3,8,9,10 of 1981 and 1 of 1987 are Allow and Sh. A.No 4 of 1981 with reservation content in Para 3 above of 1984 are partly Allow dated on 10-8-1998 and Rev.Petition as filed dated on 14-12-1991
Sh.P.No.45/L/1979

Malik Ghulam Haidar

Vs.

Govt of Pakistan

Para 25 (3)(d) MLR 115 (regarding Punjab Preemption Act, 1913, Land Reform Act, 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 Court’s order dated 13.12.1980 vide PLD 1981 FSC Page 30. Appeal not filed
Sh.P.No.46/L/1979

Muhammad Yousaf

Vs.

Government of Pakistan

Para 25 (3)(d) MLR 115, Punjab Preemption 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 Court’s order dated 13.12.1980 vide PLD 1981 FSC Page 30. Appeal not filed
Sh.P.No.47/L/1979

Mushtaq Ahmad Khan

Vs.

Government of Punjab etc.

Para 25 (d)(d)MLR-115, section 15 of Punjab Preemption 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 The judgment in the aforesaid subject matter was passed in S.P.No.02-L/1979 vide Court’s order dated 13.12.1980 vide PLD 1981 FSC Page 30. Appeal not filed
Sh.P.No.48/L/1979

Muhammad Iqbal

Vs.

Federation of Pakistan etc.

MLR-115, Punjab Preemption 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. The judgment in the aforesaid subject matter was passed in S.P.No.02-L/1979 vide Court’s order dated 13.12.1980 vide PLD 1981 FSC Page 30. Appeal not filed
Sh.P.No.49/L/1979

Ghulam Qadir

Vs.

Government of Pakistan etc.

MLR-115, Para 25 (3) (d) of 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 Court’s order dated 13.12.1980 vide PLD 1981 FSC Page 30. Appeal not filed
Sh.P.No.50/L/1979

Abdul Majeed Qureshi

Vs.

Zulfiqar Ali Bhutto etc.

Whole schedule of legal and administrative system being repugnant to injunctions of Islam challenged being repugnant to injunctions of Islam. 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 Court’s order dated 16.9.1979. Appeal not filed
Sh.P.No.51/L/1979

Pehalwan Khan

Vs.

Government of Punjab and 2 others

(MLR-115), section 15 of Punjab Preemption 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 Court’s order dated 13.12.1980 vide PLD 1981 FSC Page 30. Appeal not filed
Sh.P.No.52/L/1979

Salahuddin

Vs.

Federal Government of Pakistan etc.

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. This petition has been disposed of as withdrawn vide Court’s order 16.9.1979 Appeal not filed
Sh.P.No.53/L/1979

Muhammad Ishfaq Vs.

Government of Pakistan etc.

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 This petition was dismissed in default vide Court’s order dated 16.9.1979. However, the judgment in the aforesaid subject matter was passed in S.P.No.02-L/1979 vide Court’s order dated 13.12.1980 vide PLD 1981 FSC Page 30 Appeal not filed
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 Court’s order dated 13.12.1980 vide PLD 1981 FSC Page 30. Appeal filed in the Hon’ble Supreme Court of Pakistan Sh.A.No.1,3,8,9,10 of 1981 and 1 of 1987 are Allow and Sh. A.No 4 of 1981 with reservation content in Para 3 above of 1984 are partly Allow dated on 10-8-1998 and Rev.Petition as filed dated on 14-12-1991
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 The judgment in the aforesaid subject matter was passed in S.P.No.02-L/1979 vide Court’s order dated 13.12.1980 vide PLD 1981 FSC Page 30. Appeal filed in the Hon’ble Supreme Court of Pakistan Sh.A.No.1,3,8,9,10 of 1981 and 1 of 1987 are Allow and Sh. A.No 4 of 1981 with reservation content in Para 3 above of 1984 are partly Allow dated on 10-8-1998 and Rev.Petition as filed dated on 14-12-1991
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. The judgment in the aforesaid subject matter was passed in S.P.No.02-L/1979 vide Court’s order dated 13.12.1980 vide PLD 1981 FSC Page 30. Appeal filed in the Hon’ble Supreme Court of Pakistan Sh.A.No.1,3,8,9,10 of 1981 and 1 of 1987 are Allow and Sh. A.No 4 of 1981 with reservation content in Para 3 above of 1984 are partly Allow dated on 10-8-1998 and Rev.Petition as filed dated on 14-12-1991
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. The judgment in the aforesaid subject matter was passed in S.P.No.02-L/1979 vide Court’s order dated 13.12.1980 vide PLD 1981 FSC Page 30. Appeal filed in the Hon’ble Supreme Court of Pakistan Sh.A.No.1,3,8,9,10 of 1981 and 1 of 1987 are Allow and Sh. A.No 4 of 1981 with reservation content in Para 3 above of 1984 are partly Allow dated on 10-8-1998 and Rev.Petition as filed dated on 14-12-1991
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 The judgment in the aforesaid subject matter was passed in S.P.No.02-L/1979 vide Court’s order dated 13.12.1980 vide PLD 1981 FSC Page 30. Appeal filed in the Hon’ble Supreme Court of Pakistan Sh.A.No.1,3,8,9,10 of 1981 and 1 of 1987 are Allow and Sh. A.No 4 of 1981 with reservation content in Para 3 above of 1984 are partly Allow dated on 10-8-1998 and Rev.Petition as filed dated on 14-12-1991
Sh.P.No.59/L/1979

Hazoor Bukhsh Bibi 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. 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. Hon’ble Court has also directed that necessary amendments be made in the sections noted above.

Judgment dated 21-3-1981.

Appeal filed in the Hon’ble Supreme Court of Pakistan
Sh.P.No.60/L/1979

Dr. Muhammad Azam

Vs.

Federation of Pakistan etc.

The Prohibition (Enforcement of Hadd) Order, 1979 challenged being repugnant to injunctions of Islam. Dismissed on 16/9/1979 Appeal not filed
Sh.P.No.61/L/1979

Muhammad Younas

Vs.

Province of Punjab

(MLR 115), Para 25 (3)(d) of Land Reforms 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 Court’s order dated 13.12.1980 vide PLD 1981 FSC Page 30. Appeal not filed
Sh.P.No.62/L/1979

M.I. Choudhary

Vs.

Govt of Pakistan

Linked With

 

 

Sh.P.No.59/L/1979

Hazoor Bukhsh Bibi Vs.

Fed: of Pakistan etc.

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) Ord., 1979 are repugnant to injunctions of Islam and that the only Hadd is one hundred stripes. Hon’ble Court has also directed that necessary amendments be made in the sections noted above. Appeal filed in the Hon’ble Supreme Court of Pakistan.
Sh.P.No.63/L/1979

Bashir Ahmed

Vs.

Fed: of Pakistan

(MLR 115), Para 25 (3)(d) of Land Reforms Regulation, 1972 and section 30 of Punjab Preemption Act1913, Article 10 of Limitation Act, 1908 challenged being repugnant to injunctions of Islam. The judgment in the aforesaid subject matter was passed in S.P.No.02-L/1979 vide Court’s order dated 13.12.1980 vide PLD 1981 FSC Page 30. Appeal not filed
Sh.P.No.64/L/1979

Elahi Bakhsh

Vs.

Province of Punjab

Sub-sections (a) & (b) of section 15 of Punjab Preemption 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 Court’s order dated 13.12.1980 vide PLD 1981 FSC Page 30. Appeal not filed
Sh.P.No.65/L/1979

Muhammad Ashraf Vs.

Islamic Republic of Pakistan etc.

Section 15 of the Punjab Preemption 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. The judgment in the aforesaid subject matter was passed in S.P.No.02-L/1979 vide Court’s order dated 13.12.1980 vide PLD 1981 FSC Page 30. Appeal not filed
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

Political Parties Act, 1962, Political Parties (Amendment) Ord., 1979 challenged being repugnant to injunctions of Islam. The detailed judgment was passed in S.P.No.41-L/1979. The Hon’ble Court dismissed both these Shariat Petitions with observation that this Court has no jurisdiction to interfere with the Political Parties Act. Appeal not filed
Sh.P.No.67/L/1979

Mst. Zainab Bibi

Vs.

Chairman Miani Sahib Graveyard etc.

MLO No.131 of 1962 (personal grievance) challenged being repugnant to injunctions of Islam. Dismissed for non-prosecution vide order dated 16.2.1980 Appeal not filed
Sh.P.No.68/L/1979

Muhammad Hayat Vs.

Chairman Miani Sahib Graveyard Committee etc.

MLO No.131 of 1962 (personal grievance) challenged being repugnant to injunctions of Islam. Dismissed for non-prosecution vide order dated 16.2.1980 Appeal not filed
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

Qisas and Deeyat. Allowed on 23.9.1980, the provisions of sections 401, 402, 402-A and 402-B Cr.P.c shall not apply. These sections are repugnant to the Holy Quran and Sunnah of the Holy Prophet to this extent. Filed in the S.C
Sh.P.No.70/L/1979

Muhammad Ishaque

Vs.

Federation of Pakistan

Section 6 of Presidential Order XII of 1979 (regarding drinking of liquor) challenged being repugnant to injunctions of Islam. Dismissed for non-prosecution vide order dated 16.2.1980 Appeal not filed
Sh.P.No.71/L/1979

Mian Zahoor Ahmed

Vs.

Central Government of Pakistan

Section 6 of Order XXII of 1979 as being repugnant to the injunctions of Islam. This appeal was dismissed as incompetent. Appeal not filed
Sh.P.No.72/L/1979

Salim Akhtar Khan Vs.

Province of Punjab another

Section 15 of the Preemption 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 Court’s order dated 13.12.1980 vide PLD 1981 FSC Page 30. Appeal not filed
Sh.P.No.73/L/1979

Nazeer Ahmed

Vs.

Government of Pakistan etc.

Section 25(3)(d) of MLR (regarding Punjab Preemption Act, 1913, Land Reform Act, 1972)115 r/w section 6 Act 48 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 Court’s order dated 13.12.1980. Appeal not filed
S.P.No.74/L/1979

Fazal Muhammad Vs.

Federation of Pakistan

Section 15,16 of the Punjab Preemption Act, 1913, paragraph 25(d) of Land Reforms Regulation, 1972, Article 10 and 120 of Limitation Act, 1908 challenged being repugnant to injunctions of Islam. The judgment in the aforesaid subject matter was passed in S.P.No.02-L/1979 vide Court’s order dated 13.12.1980 vide PLD 1981 FSC Page 30. Appeal not filed
Sh.P.No.75/L/1979

Umar Din

Vs.

Government of Pakistan

MLR 115, Para 25, sub Para (3) clause (d) of Land Reforms Regulation, 1973 challenged being repugnant to injunctions of Islam. The judgment in the aforesaid subject matter was passed in S.P.No.02-L/1979 vide Court’s order dated 13.12.1980 vide PLD 1981 FSC Page 30. Appeal not filed
Sh.P.No.76/L/1979

Baboo Ali Haider etc. Vs.

Federal Government of Pakistan

Provisions of the C.D.A. Ord. XXIII of 1960 regarding acquisition of private land challenged being repugnant to injunctions of Islam. The judgment in the aforesaid subject matter was passed in S.P.No.02-L/1979 vide Court’s order dated 13.12.1980 vide PLD 1981 FSC Page 30. Appeal not filed
1980
Sh.P.No.1/L/1980

Mr.Noshir Rustam Sidhwa

Vs.

The Federation of Pakistan

Sh.Rew.P.No.18/I/1981

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 management of the Government or not (Sections 6, 11-B, 12 and 14).

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.

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 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.

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 22-06-1982

Sh. A.No. 17/1981. The Hon’ble Supreme Court has partly allowed on 11-1-1988.
Sh.P.No.1/I/1980

Muhammad Duryab Yousaf Qureshi

Vs.

Chairman Wapda

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 Sunnah of the Holy Prophet (PBUH) Dismissed in limine on 8.8.1981, on the ground that 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. Appeal has not filed.
Sh.P No.01/P/1980

Sher Ali Khan

Vs.

Govt. of Pakistan etc.

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 Final order is not placed in the file, however, the judgment on the same subject matter was passed in S.P.No.02-L/1979 vide Court’s order dated 13.12.1980 vide PLD 1981 FSC Page 30 Appeal not filed
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

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

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

Dismissed on 3.8.1980

Dismissed on 16.12.1980 for want of jurisdiction.

Appeal has not filed.
Sh.P.No.1/K/1980

(A)

Ghufran Zaidi

Vs.

The President of Pakistan

Concerns a Contract between private parties. Dismissed for want of jurisdiction on 16.12.1980 Appeal has not filed.
Sh.P.No.2/I/1980

Qari Nishan Ali Abbasi

Vs.

The State

The petitioner has challenged the Order passed by MLA Zone’B’ 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) This petition is not entertain able being a personal matter and shall be returned to the petitioner on 13.1.1981. Appeal has not filed.
Sh.P.No.2/L/1980

M. Iqbal and another

Vs.

Islamic Republic of Pakistan

Challenged section 4 of the Muslim Family Laws Ordinance, 1961. Share of grandson and granddaughter. Dismissed for non-prosecution on               16-2-1980. Appeal has not filed.
Sh.P.No.2/K/1980

Abdul Hussain S.Motiwala

Vs.

Sayedna Dr. Surhanuddin and other

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 Dismissed on 16.12.1980 for want of jurisdiction. Appeal has not filed.
Sh.P.No.03/L/1980

Bashir Ahmed etc. Vs.

Central Government of Pakistan etc.

Section 25 of MLR 115 (regarding Punjab Preemption Act, 1913, Land Reform Act, 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 Court’s order dated 13.12.1980 vide PLD 1981 FSC Page 30. Appeal not filed
Sh.P.No.3/I/1980

Fazal Rahman Foundation Vs. The Federation of Islamic Republic of Pakistan and others

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 Dismissed on 13.12.1980 , in view of the judgment in S.P.No.2-L-1980 (Hafiz Muhammad Ameen Vs. Islamic Republic of Pakistan and others) Filed in the Supreme Court
Sh.P.No.3/K/1980

Mukhtar Ahmad Choudhary

Vs.

Federation of Pakistan

Challenged the validity of certain provisions of MLR-115 of 1972. Dismissed on 23.12.1980 for want of jurisdiction Appeal has not filed.
Sh.P.No.04/L/1980

Gulab Din

Vs.

Government of Pakistan

Para 25(3)(d) of MLR 115, Punjab Preemption Act, 1913, Article 10 & 120 of Limitation Act, 1908 challenged being repugnant to injunctions of Islam The judgment in the aforesaid subject matter was passed in S.P.No.02-L/1979 vide Court’s order dated 13.12.1980 vide PLD 1981 FSC Page 30. Appeal not filed
Sh.P.No.4/I/1980

Azmat Ali and 2 others

Vs.

Government of Pakistan

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. Dismissed on 13.12.1980 , in view of the judgment in S.P.No.2-L-1980 (Hafiz Muhammad Ameen Vs. Islamic Republic of Pakistan and others) Filed in the Supreme Court
Sh.P.No.4/K/1980

Jalil Ahmad Khan Vs. Federation of Pakistan

Validity of the Law of Limitation Dismissed on 19.4.1981 on the ground that the court had already held that the Law of Limitation is Procedural law and as such this Court has no jurisdiction. Appeal has not filed.
Sh.P.No.5/I/1980

Sardar Sultan Mehmood Khan

Vs.

Govt: of Pakistan

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. Dismissed on 13.12.1980 , in view of the judgment in S.P.No.2-L-1980 (Hafiz Muhammad Ameen Vs. Islamic Republic of Pakistan and others) Filed in the Supreme Court
Sh.P.No.05/L/1980

Rasheed Ahmed

Vs.

The Government of Punjab

Section 14 & 15 of Punjab Preemption Act, 1913, MLR 115, section 10 & 120 of Limitation Act, 1908 challenged being repugnant to injunctions of Islam. The judgment in the aforesaid subject matter was passed in S.P.No.02-L/1979 vide Court’s order dated 13.12.1980 vide PLD 1981 FSC Page 30. Appeal filed in the Hon’ble Supreme Court of Pakistan Sh.A.No.1,3,8,9,10 of 1981 and 1 of 1987 are Allow and Sh. A.No 4 of 1981 with reservation content in Para 3 above of 1984 are partly Allow dated on 10-8-1998 and Rev.Petition as filed dated on 14-12-1991
Sh.P.No.5/K/1980

Abdul Rehman

Vs.

Govt. of Pakistan

Challenged section 19 of the C.P.C as un-Islamic. Disposed of on 20.12.1980 as this Court has no jurisdiction to deal with the procedure of Court. Appeal has not filed.
Sh.P No.05/P/1980

Syed Khushhal Khan etc.

Vs.

Fed: Govt. of Pakistan

Para 22, 24, 25 of Land Reform Regulation (MLR-115) of 1972 challenged being repugnant to injunctions of Islam Final order is not placed in the file, however, the judgment on the same subject matter was passed in S.P.No.02-L/1979 vide Court’s order dated 13.12.1980 vide PLD 1981 FSC Page 30 Appeal not filed
Sh.P.No.6/I/1980

Mirza Muhammad Amin and others

Vs.

The Federation of Pakistan

Challenged Military Law, Rules Law, Instructions, Regulations, etc as repugnant to the injunctions of Islam. 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. Filed in the Supreme Court
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 opposed to Islam and Hence Void and of no legal effect.. Dismissed vide Court’s order dated 03.12.1980 with observation that Hon’ble Court did not find the law repugnant to the injunctions of Islam. Appeal filed in the Hon’ble Supreme Court of Pakistan and dismissed on dated 16-5-1984.
Sh.P.No.6/K/1980

Anwar beg Mirza

Vs.

Federation of Pakistan and others

Personal grievance. Dismissed on 20.12.1980 for want of jurisdiction Appeal has not filed.
Sh.P.No.7/R/1980

Masood Ahmad Zubari Vs. Govt: of Pakistan

Against non-payment of arrears Returned on 11.11.1980as the petitioner has not challenged any provisions of law Appeal has not filed.
Sh.P.No.07/L/1980

Sh. Nasarullah Mushtaq etc.

Vs.

Govt. of Pakistan

Para 25(3)(d) of MLR-115, Punjab Preemption 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. The judgment in the aforesaid subject matter was passed in S.P.No.02-L/1979 vide Court’s order dated 13.12.1980 vide PLD 1981 FSC Page 30. Appeal has not filed.
Sh.P.No.7/K/1980

Muhammad Hamza Hashmi

Vs.

Federation of Pakistan

Law of procedure Dismissed on 21.12.1980 for want of jurisdiction Appeal has not filed.
Sh.P.No.8/R/1980

Muhammad Afsar Vs.

Abdul Hamid and others

Challenged the right of preemption 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 Dismissed on 13.12.1980 , in view of the judgment in S.P.No.2-L-1980 (Hafiz Muhammad Ameen Vs. Islamic Republic of Pakistan and others) Filed in the S.C
Sh.P.No.08/L/1980

Mistri Muhammad Hussain

Vs

Siraj-ud-Din

M-L-R 115 petitioner prayed that the Hon’ble Court may kindly declare that the right of pre-emption are enacted in the pre-emption Act, 1913 are being repugnant to injunctions of Islam. The judgment in the aforesaid subject matter was passed in S.P.No.02-L/1979 vide Court’s order dated 13.12.1980 vide PLD 1981 FSC Page 30. Appeal has not filed.
Sh.P.No.8/K/1980

Habib Hassan Qadri Vs.

Federation of Pakistan

Linked with

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 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 203-H Appeal has not filed.
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 view of the judgment in S.P.No.2-L-1980 Filed in the S.C.
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

 

Qisas and Deeyat. Allowed on 23.9.1980, the provisions of sections 401, 402, 402-A and 402-B Cr.P.c shall not apply. These sections are repugnant to the Holy Quran and Sunnah of the Holy Prophet to this extent. Filed in the S.C
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

S.P.No.11/K/1980 & 12/K/of 1980

Habib Hassan Qadri Vs.

Federation of Pakistan

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

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

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 203-H

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 203-H

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 203-H

Appeal has not filed.
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

Section 4 of the Muslim Family Laws Ord. challenged being repugnant to injunctions of Islam. Dismissed on 17.2.1981 as the matter was not with the jurisdiction of this Court. Appeal not filed
S.P.No.10/R/1980

Malik Muhammad Saleh

Vs.

Faryad and another

Section 253(d) of Martial Law Regulation No.115. Dismissed on 13.12.1980,in view of the judgment in S.P.No.2-L-1980. Filed in the S.C
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 view of the judgment in S.P.No.2-L-1980 Filed in the S.C
S.P.No.11/L/1980

Muhammad Yar and another

Vs.

Federal Government of Pakistan etc.

Petitioner prayed that it may be graciously declared that section of Muslim Family Laws Ordinance, 19691 is being repugnant to injunctions of Islam. Dismissed on 17.2.1981 as the matter was not with the jurisdiction of this Court Appeal not filed
S.P.No.12-I-1980

Muhammad Tahir and two others

Vs.

Mirwais

Petition of civil nature regarding property 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. Appeal has not filed.
S.P.No.12/L/1980

Lal etc

Vs.

Government of Pakistan

Section 4 of the Muslim Family Laws Ord. challenged being repugnant to injunctions of Islam. Dismissed on 17.2.1981 as the matter was not with the jurisdiction of this Court. Appeal not filed
S.P.No.13/I/1980

Muhammad Ishaq Vs.

The Federation of Pakistan etc

For a declaration to the effect that the operation and Custom and usages , as repugnant to the injunctions of Islam 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 Filed in the Supreme Court

Dismissed on 10.4.1983.

S.P.No.13/L/1980

Feroz

Vs.

Government of Pakistan

M-L-R 115 petitioner prayed that the Hon’ble Court may kindly declare that the right of pre-emption are enacted in the pre-emption Act, 1913 are being repugnant to injunctions of Islam. The judgment in the aforesaid subject matter was passed in S.P.No.02-L/1979 vide Court’s order dated 13.12.1980 vide PLD 1981 FSC Page 30. Appeal has not filed.
S.P.No.13/K/1980

Begum Raffia Ahmad and others Vs. Federation of Pakistan

Linked with

S.P.No.14/K/1980

Syed Hussain and others

Vs.

Federation of Pakistan

MLR-115 of 1972

MLR-115 of 1972

Dismissed on 23.12.1980

Dismissed on 23.12.1980

Appeal not Filed

Filed in Supreme Court of Pakistan and dismissed 27-2-1987.

S.P.No.14/I/1980

Syed Riasat Ali

Vs.

Federation of Pakistan

Challenged the existing Laws designed to bring barren lands under cultivation 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 Appeal has not filed.
S.P.No.14/L/1980

Ahmed Ali

Vs.

Government of Pakistan

Para 25(3) (d) of MLR 115, Punjab Preemption Act, and 1913 Article of 10&120 of Limitation Act, 1908. Section 5, 2,…9 and Section 19, 20 Preemption Act, petitioner prayed that the above section of laws the against are being repugnant to injunctions of Islam. The judgment in the aforesaid subject matter was passed in S.P.No.02-L/1979 vide Court’s order dated 13.12.1980 vide PLD 1981 FSC Page 30. Appeal has not filed.
S.P.No.14/K/1980

Syed Hussain and others

Vs.

Federation of Pakistan

MLR-115 of 1972 Dismissed on 23.12.1980 Filed in Supreme Court of Pakistan and dismissed 27-2-1987.
S.P.No15/I/1980

Zakir Muhammad Khan

Vs.

The Divisional Engineer Workshop , Mughalpura, Lahore

Challenged Article 10 of the Limitation Act and section 30 of the preemption Act alongwith the other provisions contained in the said Acts whereby a non-Muslim is permitted to exercised the right of preemption against property purchased or owned by a Muslim, as repugnant to the injunctions of Islam Dismissed on 13.12.1980, in view of the judgment in S.P.No.2-L-1980 Hafiz Muhammad Amin Vs. Islamic Republic of Pakistan and others Appeal has not filed.
S.P.No.15/L/1980

Zakir Muhammad Khan

Vs.

The Div. Engineer (Rly) LHR etc.

L/W

S.P.No.21/L/1980

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 Dismissed on 4.10.1980 as the Court has no jurisdiction. Appeal not filed
S.P.No.15/K/1980

Saeed ullah Kazmi Vs. Federation of Pakistan

Not challenged any Law Dismissed on 23.12.1980 as the petition is incompetent. Filed in the Supreme Court of Pakistan and dismissed on 22-10-1983.
S.P.No.16/L/1980

Inyat Muhammad Vs.

Government of Pakistan

U/s 10 of the Colonization of the Government Land Act petitioner prayed that the Hon’ble 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 12-1/2 acres conte3ined in the notification of 1979 are being repugnant to injunctions of Islam. Dismissed as withdrawn on dated 4-2-1981. Appeal not filed
S.P.No.16/I/1980

Nadar Khan

Vs.

Asfandyar etc

Application against Order of High Court Peshawar dated 6.11.1978. Returned to the petitioner on 29.11.1980 for want of jurisdiction Appeal has not filed.
S.P.No.16/K/1980

Khurshid Alam Siddiqui

Vs.

Muslim Commercial Bank and another

Personal grievance Dismissed on 3.8.1980 for want of jurisdiction Appeal has not filed.
S.P.No.17/L/1980

Dost Muhammad etc.

Vs.

Federal Government of Pakistan

Para 25(3)(d) of MLR 115, Punjab Preemption 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. The judgment in the aforesaid subject matter was passed in S.P.No.02-L/1979 vide Court’s order dated 13.12.1980 vide PLD 1981 FSC Page 30. Appeal filed in the Hon’ble Supreme Court of Pakistan
S.P.No.17/K/1980

Al-Hajj H.I.Sheikh Vs.

Mr. Mehmood A. Haroon and others

System of Ballot for picking up persons who are allowed to proceed on Hajj. Summarily dismissed on 4.8.1980 for want of jurisdiction. Appeal has not filed.
S.P.No.18/L/1980

Inyat Ali etc.

Vs.

Government of Punjab

Para 25(3) (d) of MLR 115, Section 15(c) Punjab Pre-emption Act, 1913 is Kindly declared to be repugnant to injunctions of Islam. The judgment in the aforesaid subject matter was passed in S.P.No.02-L/1979 vide Court’s order dated 13.12.1980 vide PLD 1981 FSC Page 30. Appeal has not filed.
S.P.No.18/K/1980

Habib ur Rehman and another Vs. Federation of Pakistan

Some customs exists for less it has the force of law. Summarily dismissed on 28.7.1980 for want of jurisdiction. Appeal has not filed.
S.P.No.19/R/1980

Mian Haider Khan Vs. Haji Kishawar and others

Dispute between the parties overland Returned to the petitioner on 17.11.1980 for want of jurisdiction Appeal has not filed.
Sh.P.No.19/L/1980

Jamal Din & another

Vs.

Muhammad Sher & others

Para 25(3)(d) of MLR 115 (regarding Punjab Pre-emption Act, 1913, Land Reform Act, 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 Court’s order dated 13.12.1980 vide PLD 1981 FSC Page 30. Appeal has not filed.
S.P.No.20/I/1980

Khadim Hussain and another

Vs.

Muhammad Saddique and another

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-1980 Hafiz Muhammad Amin Vs. Islamic Republic of Pakistan and others. Filed in the Supreme Court
Sh.P.No.20/L/1980

Sh. Abdul Waheed Vs.

Government of Pakistan

Section 15 Punjab Preemption Act, 1913 be declared to be repugnant to injunctions of Islam. The judgment in the aforesaid subject matter was passed in S.P.No.02-L/1979 vide Court’s order dated 13.12.1980 vide PLD 1981 FSC Page 30. Appeal filed in the Hon’ble Supreme Court of Pakistan
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-1980 Hafiz Muhammad Amin Vs. Islamic Republic of Pakistan and others Filed in the Supreme Court
Sh.P.No.21/L/1980

Zaheer Muhammad Khan

Vs.

The Divisional Engineer

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 Dismissed on 4.10.1980 as the Court has not jurisdiction. Appeal not filed
Sh.P.No.22/L/1980

Mst: Khalida Adeeba etc.

Vs.

Government of Pakistan etc.

Para 25(3) (d) of MLR 115, Punjab Preemption Act, 1913, Article 10 of Limitation Act, 1908 challenged being repugnant to injunctions of Islam. The judgment in the aforesaid subject matter was passed in S.P.No.02-L/1979 vide Court’s order dated 13.12.1980 vide PLD 1981 FSC Page 30. Appeal has not filed.
S.P.No.22/I/1980

Bhai Khan and 4 others

Vs.

The Federal Government of Pakistan and others

Section 32 of the Colonization of Govt: Lands (Punjab) Act, 1912. Dismissed on 17.1.1981without substance. The Court has been pleased to held, that it would be entitled to resume or re-enter 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. Appeal has not filed.
Sh.P.No.23/L/1980

Muhammad Anwar etc.

Vs.

Federation of Pakistan etc.

Para (3)(d) of MLR 115, Sections 3,4,7 to 12 of the Punjab Acquisition of Land (Housing) Act, 1973. The judgment in the aforesaid subject matter was passed in S.P.No.02-L/1979 vide Court’s order dated 13.12.1980 vide PLD 1981 FSC Page 30. Appeal has not filed.
S.P.No.23/I/1980

Ayub Bakhsh Awan

Vs.

Government of Punjab and others

Article 10 of MLR No.115 challenged 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) Appeal has not filed.
Sh.P.No.24/L/1980

Muzaffar Khan

Vs.

Government of Pakistan

Section 4 of the Family Law 1979 challenged being repugnant to injunctions of Islam. Dismissed on 17.2.1981 Appeal not filed
S.P.No.24/I/1980

Mian Muhammad Saeed Shad Vs. Govt: of Punjab

Section 32 of the Colonization of Govt: Lands (Punjab) Act, 1912 Dismissed on 17.1.1981without substance. The Court has been pleased to held, that it would be entitled to resume or re-enter 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 Appeal has not filed.
Sh.P.No.25/L/1980

Mallah and others Vs.

Islamic Republic of Pakistan

Para 25(3)(d) of MLR 115 (regarding Punjab Preemption Act, 1913, Land Reform Act, 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 Court’s order dated 13.12.1980 vide PLD 1981 FSC Page 30. Appeal has not filed.
S.P.No.26/I/1980

Obaidur Rahman Vs.

Federation of Pakistan

Regarding interest by HBFC Islamabad. Returned on 30.12.1980 as the petitioner has not challenged any specific rules against the injunctions of Islam Appeal has not filed.
Sh.P.No.27/L/1980

Inamullah Khan Akram

Vs.

Mst. Saeeda Begum & others

Muslim Waqaf Validating Act, 1913 petitioner prayed that this Hon’ble Court may kindly declare the Waqf-Nama as illegal, void and imperative in accordance with Shariat Laws being repugnant to injunctions of Islam Dismissed on not Portion 13-12-1980. Appeal has not filed.
Sh.P.No.28/L/1980

Imam shah and another

Vs.

Government of Pakistan

Understanding Order 18 of the West Pakistan I.C. Employment 1968 challenged being repugnant to injunctions of Islam Dismissed on 27.05.1981 being the matter not concerned with this Court Appeal not filed
Sh.P.No.29/L/1980

Mirajuddin

Vs.

Federation of Pakistan

No law challenged being repugnant to injunctions of Islam. Petition returned being incompetent. Appeal not filed
1981
Sh.P.No.01/L/1981

Allah Ditta

Vs.

Federal Government of Pakistan

Limitation Act, 1908 challenged being repugnant to injunctions of Islam. Petition returned being incompetent vide order dated 25.1.1981 Appeal not filed
S.P.No.01/I/1981

Qazi Sirajuddin Vs. Govt. of Pakistan etc.

MLR-115, section 15 and 16 of Punjab Preemption Act, 1913 challenged being repugnant to injunctions of Islam 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 Court’s order dated 13.12.1980. Appeal not filed
S.P No.01/P/1981

Nadir Khan

Vs.

Asfandyar etc.

Regarding of right of preemption as no specific has been challenged being repugnant to injunctions of Islam Dismissed on 8.3.1981 being incompetent. Appeal not filed
S.P.No.01/Q/1981

Ghulam Kibria

Vs.

Islamic Republic of Pakistan

Zakat & Usher Ord. 1980 relating to assessment, collection & disbursement of Zakat & Usher challenged being repugnant to injunctions of Islam Original judgment is not placed in the file, however, better copy of judgment is available in the file, which reads: ‘the petition is without force and dismissed, on 13.4.1981 Appeal not filed
S.P.No.01/K/1981

Mohsin A.Rehman & others

Vs.

Federal Govt. of Pakistan etc.

Land Acquisition Act, 1894, Karachi Development Authority Order, 1957 challenged being repugnant to injunctions of Islam Dismissed on 28.7.1982 with observation that Hon’ble Court cannot interfere with the said section without issuing a notice to the Govt. concerned for excise of suo-moto jurisdiction u/a 203-D of the Constitution. Appeal not filed
S.P.No.02/I/1981

Abdul Rehman

Vs…

Fateh Alam

Not specific provision of law but his personal grievance regarding false evidence has been challenged being repugnant to injunctions of Islam Dismissed having no jurisdiction on 3.3.1981 Appeal not filed
S.P.No.02/L/1981

Salamat Ali Khan Vs.

Province of Punjab etc.

Not law challenged being repugnant to injunctions of Islam. Petition was dismissed being not entertain able vide order dated 6.8.1981 Appeal not filed
S.P No.02/P/1981

(Party name not mentioned)

No specific law Muslim Family Law Ord. 1961 has been challenged being repugnant to injunctions of Islam Original petition returned to petitioner on 17.5.1981, however, its certified or photocopy is not placed in the file Appeal not filed
S.P.No.02/K/1981

Saeedullah Kazmi Vs.

Federal Govt. of Pakistan

Standing of the people at the time of playing the national anthem in the cinema houses challenged being repugnant to injunctions of Islam. Petition returned to petitioner being incompetent on 12.11.1983. Appeal not filed
S.P.No.03/L/1981

Shah Muhammad etc.

Vs

The State etc.

Section 307/34 PPC challenged being repugnant to injunctions of Islam. Dismissed in limine by High Court Lahore on 20.9.1980 Appeal not filed
S.P.No.03/I/1981

Khan Imtiaz Ahmed Khan

Vs.

Islamic Republic of Pakistan

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. 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. Appeal not filed
S.P.No.03/K/1981

Nazir Ahmed

Vs.

The Federation of Pakistan

MLR-22 for the offence of regarding hijacking a faker aero plan challenged being repugnant to injunctions of Islam Dismissed being in fructuous on 22.12.1981. Appeal not filed
S.P No.03/P/1981

Muhammad Sadiq Khan

Vs.

Fed: Govt. of Pakistan

Section 58 of Transfer of Property Act, 1882 & Article 147, 148 of Limitation Act, 1908 challenged being repugnant to injunctions of Islam. Dismissed on 25.10.1982 having no jurisdiction. Appeal not filed
S.P.No.03/Q/1981

Akhtar Abbas

Vs.

Fed: of Islamic Republic of Pakistan etc.

Personal grievance against non-acceptance of compromise in murder case on basis of Qisas after having taken Qisas. Returned on 5.4.1981 being not entertain able Appeal not filed
S.P.No.04/L/1981

Mst: Razia Begum Vs.

Maqsood Alam Khan and others

Compensation and Rehabilitation Act, 1958, Rehabilitation Act, 1956 challenged being repugnant to injunctions of Islam. Disposed of as withdrawn on 8.4.1981 Appeal not filed
S.P.No.04/I/1981

Mian Khalid Abdul Rauf

Vs.

President of Pakistan through Ministry of Law & Justice

Zakat & Usher Ord. XVIII of 1980 challenged being repugnant to injunctions of Islam Dismissed with observation that the said ordinance including the amendment ordinance LII or ammine from attack before the Shariat Court vide judgment dated 3.2.1981. Appeal filed in the Hon’ble Supreme Court of Pakistan.
S.P No.04/P/1981

Zahir Shah

Vs.

The State

Law relating to execution of death sentence mentioned unspecific challenged being repugnant to injunctions of Islam Dismissed on 6.4.1982 with observation that the question raised in this case has already been decided by this Court. Appeal not filed
S.P.No.04/K/1981

Muhammad Feroz Vs.

The Government of Pakistan

MLR-29 regarding imposing punishment with retrospective effect challenged being repugnant to injunctions of Islam No final order is available in the file. Appeal not filed
S.P.No.05/L/1981

Abdul Qadir

Vs.

The Government of Pakistan

No law challenged being repugnant to injunctions of Islam. Petition returned to the petitioner on 24.1.1981 Appeal not filed
S.P.No.05/I/1981

Ali Bakhsh

Vs.

Govt. of Punjab etc.

Section 15(c) of Punjab Preemption Act, 1913 challenged being repugnant to injunctions of Islam 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 Court’s order dated 13.12.1980. Appeal not filed
S.P.No.05/K/1981

Haji Niaz & Co.

Vs.

Amir Ali Ibrahimji Shaikha etc

Judicial technicalities and usage relating to law of limitation challenged being repugnant to injunctions of Islam. Dismissed on 23.12.1981 with observation that the law of procedure is not within jurisdiction of this Court. Appeal not filed
S.P.No.06/L/1981

Mst. Muzaffar Begum

Vs.

Government of Pakistan

No law challenged being repugnant to injunctions of Islam. Petition returned to the petitioner on 24.1.1981 Appeal not filed
S.P.No.06/K/1981

Farooq Yousif

Vs.

Govt. of Sindh etc.

Judicial administrative decision not to allow compromise or compound in murder cases, usage relating to law of limitation challenged being repugnant to injunctions of Islam. Dismissed on 23.12.1981 as this matter involves a personal grievance. Appeal not filed
S.P.No.07/L/1981

Abdul Waheed

Vs.

Government of Pakistan etc.

Company Act, 1913 challenged being repugnant to injunctions of Islam. Dismissed as withdrawn on 9.1.1989. Appeal not filed
S.P.No.07/I/1981

Ghulam Abbas & others

Vs.

Govt. of Pakistan etc.

Provision of land reform Act, 1977, Martial Regulation 115 of 1972 challenged being repugnant to injunctions of Islam. 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 Court’s order dated 13.12.1980 vide PLD 1981 FSC Page 30 Appeal filed in the Hon’ble Supreme Court of Pakistan.
S.P.No.07/K/1981

Farooq-al-Qasimi etc. Vs.

The State

Section 58 of Transfer of Property Act, 1882 challenged being repugnant to injunctions of Islam. Dismissed on 9.8.1982 as the matter relates to fiscal law, which is not within jurisdiction of this Court. Appeal not filed
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

MLR 118 (personal grievance) challenged being repugnant to injunctions of Islam. Dismissed in limine being incompetent on 10.6.1981. Appeal not filed
S.P.No.08/I/1981

Mst. Sughra Bibi Vs. Ghulam Rasool

Not specific law challenged being repugnant to injunctions of Islam Petition returned to petitioner on 17.5.1981 Appeal not filed
S.P.No.09/L/1981

Reve, Shamaun

Vs.

Government of Punjab

MLR 118 (personal grievance) challenged being repugnant to injunctions of Islam. Dismissed in limine being incompetent on 10.6.1981 Appeal not filed
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. Petition returned to petitioner with observation that the Court has no jurisdiction to go into the matter vide order dated 25.6.1981. Appeal not filed
S.P.No.10/L/1981

Imam Bakhsh

Vs.

Government of Pakistan

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. Dismissed on 25.5.1981 being not repugnant to the injunctions of Islam.. Appeal not filed
S.P.No.10/I/1981

Muhammad Siddique

Vs.

Govt. of Punjab etc

Punjab Preemption Act, regarding saving shop from operation of preemption law but not challenged its specific provision challenged being repugnant to injunctions of Islam Petition returned to petitioner being incompetent on 16.9.1981 Appeal not filed
S.P.No.11/L/1981

Rev.Shamaun

Vs.

Education Secretary etc.

MLR 118 (personal grievance) challenged being repugnant to injunctions of Islam Dismissed in limini being incompetent on 10.6.1981 Appeal not filed
S.P.No.11/I/1981

Islamuddin Asad

Vs.

Islamic Republic of Pakistan

Martial Law Ord, Motion Pictures Ordinance, 1979, Censorship Rules, 1981, obscenity, nudity, and dancing challenged being repugnant to injunctions of Islam The Hon’ble Court held that in view of the Quran and 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. Appeal not filed
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 challenged being repugnant to injunctions of Islam. Dismissed on 1-7-19981. Appeal not filed
S.P.No.12/I/1981

Sultan Ahmed

Vs.

Mehr Bibi

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 Dismissed on 11.11.1981 with observation that if no 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. Appeal not filed
S.P.No.13/L/1981

Sher Afzal

Vs

Shamim Firdos etc.

No particular law challenged being repugnant to injunctions of Islam. Dismissed on 19.8.1981 Appeal not filed
Rev: Pet. No.

13/I/1981

Federation of Pakistan Vs. Hazoor Bukhsh & other

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 Dismissed. The Hon’ble 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.

Appeal filed in the Hon’ble Supreme Court of Pakistan and

Dismissed on 6.2.1991.

S.P.No.14/L/1981

Muhammad Sadiq Pehlwan Vs. Govt. of Pakistan

The custom of dancing girls challenged being repugnant to injunctions of Islam. 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. Appeal not filed
S.P.No.14/I/1981

Salahuddin

Vs.

Federation of Pakistan

Section 2(ii) & 3 of Ord. II of 1980 challenged being repugnant to injunctions of Islam Dismissed on 25.7.1981 with observation that this Hon’ble Court neither go into vires of the Constitution including the Provisional Constitution Order, 1981 nor into the vires of the fiscal law Appeal filed in the Hon’ble Supreme Court of Pakistan.
S.P.No.15/L/1981

Zaheer Ahmed

Vs.

Federation of Pakistan

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 Trunkietuo- shahood. A non-Muslim witness cannot undergo this process. That the infliction of Hadd regarding the imputation of Zina rose against the dead person is also doubtful. In this way Section 3 and Section 89) of the Act needs revision Petition dismissed being not within the scope the Holy Quran on dated 28-7-1982. Appeal not filed
S.P.No.15/I/1981

Salahuddin

Vs.

Federation of Pakistan

Section 2(ii) & 3 of Ord. II of 1980 challenged being repugnant to injunctions of Islam. Dismissed on 25.7.1981 with observation that this Hon’ble Court neither go into vires of the Constitution including the Provisional Constitution Order, 1981 nor into the vires of the fiscal law Appeal filed in the Hon’ble Supreme Court of Pakistan.

Dismissed on.6.2.1991.

S.P.No.16/L/1981

Munawar Hussain etc. Vs. The State

Section 4 of Muslim Family Law Ordinance challenged being repugnant to injunctions of Islam. Dismissed on 28.10.1981 being not within jurisdiction. Appeal not filed
Rev: Pet.No.16–I/1981

Federation of Pakistan

Vs.

Muhammad Riaz etc.

The judgments of this Court dated 23.9.1980 & 1.10.80 passed in S.P Nos.13-L/79, 69-L/79, 9-L/80, 1-K/79, 12-K/79, 2-K/79, 20-K/79, 7-K/80 & 4-K/80 were challenged being repugnant to injunctions of Islam. Dismissed on 2.2.1989 as appeal filed by the Federation of Pakistan in Supreme Court in respect of the same matter was heard and reserved for judgment there. Appeal not filed
Rev: Pet: No.17–I/1981

Salahuddin Khan Vs.

Federation of Pakistan

The order of this Court dated 25.7.1981 in S.P Nos.14-I/81 & 15-I/81 challenged being repugnant to injunctions of Islam. Dismissed on 24.11.81 as the Court did not find any ground of review of order dated 25.7.1981 Appeal not filed
S.P.No.19–I/1981

Abdul Alim Vs. Federation of Pakistan

Section 4 of Muslim Family Law Ord. 1961 challenged being repugnant to injunctions of Islam Petition returned being not entertain able on 1.11.1981 Appeal not filed
S.P.No.20/I/1981

Shahida Begum

Vs.

Federation of Pakistan

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. Dismissed on 30.11.1981 being not maintainable as the Hon’ble Supreme Court suspended the order of this Court. Appeal not filed
S.P.No.21/I/1981

Munib Ahmed

Vs.

Federation of Pakistan

Section 13(c) & (d) of Partnership Act, 1932 challenged being repugnant to injunctions of Islam Dismissed on 3.11.1982 as the matter was of fiscal one and beyond the jurisdiction of this Court. Appeal not filed
S.P.No.22/I/1981

Allah Ditta

Vs.

Federation of Pakistan

Article 127 of the 1st Schedule r/w section 3 of Limitation Act, 1908 challenged being repugnant to injunctions of Islam Dismissed on 23.3.1982 as the matter was of procedural law which is beyond the jurisdiction of this Court. Appeal not filed
                               1982
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. Rented to ground of lack of jurisdiction.

Approved on note Portion by Hon. C.J. dated 19-4-1982.

Appeal not filed
S.P.No.01/I/1982

Muhammad Hafizullah

Vs.

Govt. of Punjab

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 Petition was dismissed on 19.5.1982 being non-maintainable. Appeal not filed
S.P.No.01/K/1982

Sarfraz Hussain & others

Vs.

Federation of Pakistan

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 Dismissed on 10.8.1982 as the matter relates to fiscal law. Appeal not filed
S.P No.01/P/1982

Muhammad Ali etc. Vs.

Govt. of Pakistan etc.

Law pertaining to execution of death after compromise challenged being repugnant to injunctions of Islam Dismissed on 22.01.1983 as the question raised in this case has already been decided by this Court vide S.P No. 04-P/1981. Appeal not filed
S.P.No.02/I/1982

Rana Muhammad Shabbir

Vs.

Federation of Pakistan

Punjab Acquisition of Land (Housing) Act, 1973 and Ordinance No.III of 1974 challenged being repugnant to injunctions of Islam 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. Appeal filed in the Hon’ble Supreme Court of Pakistan.

Dismissed on 7.5.1986

S.P.No.02/K/1982

Syed Maqsood Ali Vs.

Govt. of Pakistan

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 Dismissed on 22.11.1983 with observation that Court did not find any repugnancy with the Quran & Sunnah. Appeal not filed
S.P.No.03/I/1982

Syed Wared Shah Vs.

Raj Wali etc.

Section 4 & 4(a) of the NWFP Tenancy Act, challenged being repugnant to injunctions of Islam Dismissed as not pressed on 24.10.1982. Appeal not filed
S.P.No.03/K/1982

Jalil Ahmed Khan Vs.

Fed: of Pakistan

Judicial usage and technicality challenged being repugnant to injunctions of Islam Dismissed on 1.8.1982 as the matter does not disclose any cause of action. Appeal not filed
S.P.No.04/I/1982

Khuwaja Rafiq Ahmed

Vs.

Abdul Haleem etc.

Provision of Order IX, Rule 6 CPC r/w West Pakistan Urban Rent Restriction Ordinance,1959 challenged being repugnant to injunctions of Islam The petition returned being incompetent and beyond the jurisdiction of this Court vide order dated 3.6.1982. Appeal not filed
S.P.No.04/K/1982

Ansar Barni

Vs.

Fed: of Pakistan etc.

President Order No.3 of 1979 judicial usage relating to appointment of female judges / judicial challenged being repugnant to injunctions of Islam Dismissed on 10-8-1982 Appeal in not filed
S.P.No.05/I/1982

Muhammad Bashir Vs.

Govt. of Punjab

Section 8(1) of the Punjab Highway Ord. 1959 and Amendment Act, 1976 challenged being repugnant to injunctions of Islam Dismissed on 6.2.1983 with observation that the Court did not find any portion of law to be repugnant to the Holy Quran and Sunnah. Appeal not filed
S.P.No.05/K/1982

E. Sulleman

Vs.

Govt. of Sindh etc.

Section 197 of Cr.P.C challenged being repugnant to injunctions of Islam Dismissed on 2.8.1982 having no jurisdiction as matter relates to procedural law. Appeal not filed
S.P.No.06/I/1982

Raja Khush Bakht-ur-Rehman etc.

Vs.

Province of Punjab etc.

Section 2(d) of the Punjab Ord. VII, 1978 challenged being repugnant to injunctions of Islam Dismissed on 12.1.1986. The Hon’ble Court observed that it did not find any fault in the impugned provision of law. Appeal filed in the Hon’ble Supreme Court of Pakistan. Dismissed for non prosecution .dt.23.4.2009
S.P.No.06/K/1982

Ansar Barni

Vs.

Fed: of Pakistan

Misreporting the proceeding of the Court in a petition relating to appointment of female   judges / judicial in Disposed of on 4.4.1983 as apology tendered by the newspapers’ editors was accepted. Appeal not filed
S.P.No.07/I/1982

Allah Ditta etc.

Vs.

Islamic Republic of Pakistan etc.

Punjab Acquisition of Land (Housing) Act, 1973 challenged being repugnant to injunctions of Islam Petition returned being incompetent on 15.8.1982. Appeal not filed
S.P.No.07/K/1982

Haji Muhammad Moizuddin

Vs.

Government of Sindh

Section 22 of the West Pakistan Urban Immovable Property Tax Act, 1958 challenged being repugnant to injunctions of Islam Dismissed on 4.4.1983 having no jurisdiction. Appeal not filed
                             1983
Sh.P.No.1/L/1983

Muhammad Ramzan

Vs

Federation of Pakistan and another

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. The question involved in this case has already been 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

Appeal has not filed.
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

 

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; 26-09-1983.

Appeal not filed
S.P No.01/P/1983

Amir Hussain Shah Vs.

Govt. of Pakistan

Law pertaining to execution of death after compromise challenged being repugnant to injunctions of Islam Original petition returned to petitioner on 03.10.1983. Appeal not filed
S.P.No.1/K/1983

Mahmood ul Hassan

Vs.

The Govt: of Pakistan through Attorney General of Pakistan

Challenged certain provision s of the Insurance Act, 1938 r/w Insurance Notification Order, 1972. Dismissed on 29.11.1983, as the petition is incompetent and for want of jurisdiction Appeal has not filed.
Rev: Pet.No.01/I of 1983

Fed: of Pakistan

Vs.

Public at Large etc.

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 Dismissed on 9.10.1983 as the Hon’ble Court did not find any ground to review the order. Appeal filed in the Hon’ble Supreme Court Dismissed on 6.2.1991.
Sh.P.No.2/L/1983

Muhammad Ramzan Qureshi

Vs

The Federal Government of Pakistan.

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. 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

Yes,
S.P.No.02/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. Appeal filed in the Hon’ble Supreme Court

Appeal Allowed on.

20.11.1984

S.P.No.2/K/1983

Maulana Abul Fateh Ghulam Rasool

Vs.

Advocate General Sindh

Not challenged any specific Law/Rules Dismissed on 9.4.1983 Appeal has not filed.
S.P.No.03/I/1983

Muhammad Iqbal Vs.

Govt. of Pakistan

Execution of death sentence after compromise between the parties, was challenged being repugnant to injunctions of Islam Petition was returned to petitioner on 10.12.1983. Appeal not filed
Sh.P.No.3/L/1983

Raja Muhammad Fazil

Vs

Federal Government of Pakistan through Sectary power and natural Resources

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). 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 27-03-1984.

Yes,
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 to petitioner on 03.01.1984 Appeal not filed
S.P.No.4/K/1983

Saeedullah Kazmi Vs.

Fed. Govt: of Pakistan

Not challenged any Law/Custom. Dismissed on 23.11.1983, as the petition is incompetent Filed in the S.C
S.P.No.05/I/1983

Muhammad Hanif etc.

Vs.

Federation of Pakistan

Detention after compromise between the parties, in case of an offence u/s 302 PPC was challenged being repugnant to injunctions of Islam Petition having personal grievance was returned to petitioner on 03.01.1984. Appeal not filed
S.P.No.6/K/1983

Ibrahim Bhai and another

Vs.

Govt: of Pakistan and others

Against Interest Dismissed on 14.12.1983, as beyond the jurisdiction of this Court vide judgment reported as PLD 1983 FSC 43 Appeal has not filed.
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

Personal grievances

Challenge Usage/Custom

— do —–

No particular Law as defined by Art.203-D of the Constitution has been challenged

— do —–

Returned due to objection by the Office on 25.7.1984
S.P.No.9/K/1983

Islam Hussain Vs. NBP of Pakistan

Prayed for examination of Rule 15 and 17 of NBP Staff Services Rules, 1980. 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 Appeal has not filed.
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

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

Challenged the provisions of sec: 6( c) of the Offence of Qazaf (EOH) Ord: 1979 as being repugnant to the Injunctions of Islam

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 (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.

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. Appeal is not filed
1984
Sh.P.No.1/I/1984

Ch. Muhammad Danishmand

Vs

The Government of Pakistan

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.

Dated; 27-3-1984.

Appeal has filed in supreme Court of Pakistan.
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 ex-tent of non-provision of punishment to the contemnor of Prophet hood. Allowed on dated 30-10-1990. Judgment placed on the file in Sh.P.No.6/L/1987. Appeal has not filed.
S.P No.01/Q/1984

Basharatullah Advocate

Vs.

Govt. of Baluchistan etc.

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 Petition returned on 29.7.1984 being incompetent Appeal not filed
S.P.No.02/I/1984

Khawaja Ghulam Muhammad Dar

Vs.

Federal Govt. of Pakistan

Issuance of Ordinance for amending section 13 of the Passport Act, 1974 challenged being repugnant to injunctions of Islam Dismissed having no merit on 23.1.1984. Appeal not filed
Sh.P.No.3/L/1984

Muhammad Idrees and others

Vs

Government of Pakistan.

The law pertaining to the execution of the death sentence in which the parties are entitled to compromise is repugnant to Islam and Sunnah. The death penalty cannot be executed till full opportunity heirs of deceased. Dismissed. Due to personal relief the petition is consequently not entertain able by full beach dated 5-8-1984. Appeal has not filed.
Sh.P.No.03/I/1984

Obyar

Vs.

Federation of Pakistan etc.

Section 401 Cr.P.c r/w section 302 PPC regarding execution of death sentence after compromise challenged being repugnant to injunctions of Islam Dismissed on 9.4.1984 as the same matter was already decided by Shariat Bench of Peshawar High Court as reported in PLD 1980 Peshawar 1 Appeal not filed
Sh.P.No.3/K/1984

Sheikh Mushtaq Ali Vs.

Govt: of Pakistan through Attorney General for Pakistan

Praying that Sub-section (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. Dismissed on 25.4.1984 , as there is no ground to interfere with the law assailed before the court Appeal not filed
Sh.P.No.4/L/1984

Ch. Khuirshid Khalid 2 others

Vs

The Government of Pakistan

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). Dismissed on dated

5-12-1984.

Appeal has not filed.
S.P.No.04/I/1984

Amraish & Parvez Vs.

Federal Govt. of Pakistan

Law pertaining to execution of death sentence after compromise of the parties challenged being repugnant to injunctions of Islam Petition returned to petitioner on 4.2.1984 having no jurisdiction. Appeal not filed
Sh.P.No.5/L/1984

Ch. Habib Ahmed Shafi

Vs

The Government of Pakistan.

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. 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.

Appeal has not filed.
Sh.P.No.05/I/1984

Muhammad Hayat etc. Vs. Chairman Miani Sahib Qabristan etc.

L/W

S.P.No.06–I/1984

Martial Order No.131 and Lahore Graveyard (Preservation & Maintenance) Ord. Act, 1958 and The Miani Sahib Graveyard Ordinance, 1962 challenged being repugnant to injunctions of Islam. Dismissed on 7.3.1984 having no jurisdiction. Appeal not filed
Sh.P.No.5/K/1984

Sheikh Mushtaq Ali Advocate

Vs.

Government of Pakistan

Prayed that (a) portion of 294 PPC, put-in bracket and underline. 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.

Appeal in filed in Supreme Court of Pakistan and Partly Allowed
Sh.P.No.6/L/1984

Muhammad Hussain Choudhary

Vs

The Government of Pakistan

Request for amendment the Proviso Para 4(1) of the Punjab Nationalized Schools (Men’s and Women’s Section) Teaching Posts Rules, 1974.

(Requirement for the Post of Headmaster) praying that this Hon’ble Court may declared proviso to above rules with relevant portion of the main rule (4) as Un-Islamic.

The matter, there is no merit in this petition and it has dismissed on dated 15-5-1985. Appeal has not filed.
Sh.P.No.06/I/1984

Mushtaq Ali Shah Vs.

Chairman Miani Sahib Qabristan Committee

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 Dismissed on 7.3.1984 having no jurisdiction. Appeal not filed
Sh.P.No.07/I/1984

Amir Nazir Khan

Vs.

Government of Pakistan etc.

Execution of death sentence after compromise of the parties challenged being repugnant to injunctions of Islam Petition returned to petitioner on 19.2.1984 having no jurisdiction. Appeal not filed
Sh.P.No.8/K/1984

Faqir Abdul Waheed Siddiqui, Advocate

Vs.

Federation 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 Dismissed in limine on 15.12.1986, as the petitioner has not pressed the petition. Not filed
Sh.P.No.09/I/1984

Muhammad Siddique Vs.

The State

Execution of death sentence after compromise of the parties challenged being repugnant to injunctions of Islam Petition returned to petitioner on 5.3.1984 having no jurisdiction. Appeal not filed
Sh.P.No.10/I/1984

Raja Bashir Ahmed Vs.

Govt. of Pakistan

Provision of section 17 (2)(vi) of Cantonment Rent Restriction Act, 1963 challenged being repugnant to injunctions of Islam Disposed of as withdrawn on 22.5.1985 Appeal not filed
Sh.P.No.11/I/1984

Alam Din

Vs.

Govt. of NWFP

Section 8(b) of Tenancy Act, 1950 and the said amending Act (iii)challenged being repugnant to injunctions of Islam Disposed of having withdrawn on 8.1.1986. Appeal not filed
S.P.No.12/I/1984

Rana Farooq Ahmed Khan

Vs.

The Federal Govt. of Pakistan

No specific provision of law but personal grievance challenged being repugnant to injunctions of Islam Petition returned to petitioner on 25.3.1984 having no jurisdiction Appeal not filed
S.P.No.13/I/1984

Qazi Abdul Rashid etc.

Vs.

Provincial Govt. of NWFP

Section 4(1),(b),(c) & NWFP Tenancy Act XXV of 1950 together with NWFP Tenancy (Fixation of Compensation to the Landlords) Rules, 1950 and the NWFP Tenancy (Fixation of Compensation to the Landlords) Rules 1981 challenged being repugnant to injunctions of Islam The Hon’ble Court did not find any justification to take a view different from S.P No.2-I/1983 consequently petition was dismissed in limine on 8.1.1985 Appeal not filed
S.P.No.14/I/1984

Jamil Abbas Gardezi Vs.

Govt. of Pakistan etc.

Provisions of Punjab Acquisition of Land (Housing Act) 1973 Challenged being repugnant to injunctions of Islam Dismissed as withdrawn on 7.1.1986 as the Act has already been repealed. Appeal not filed
S.P.No.15/I/1984

M. Saleem Vice President Supreme Dental Council of Pakistan

Vs.

Federation of Pakistan

Provision of Medical Dental Degree Ord. 1982 challenged being repugnant to injunctions of Islam. The Hon’ble 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 Appeal not filed
Sh.P.No.16/I/1984

Molvi Mehboob-ur-Rehman

Vs.

Govt. of NWFP

Judgment passed in S.P No.16-I/1984 challenged being repugnant to injunctions of Islam Petition was dismissed on 10.11.1988 as no valid reason; no question of review of the previous order arises. Appeal not filed
Sh.P.No.17/I/1984

Mujeeb-ur-Rehman Vs.

Federal Govt. of Pakistan

L/W

S.P.No.02-L/1984

Captain (Retd) Abdul Wajid

Vs.

Attorney General of Pakistan

Addition of sections 298-B and 298-C in PPC and declaring that anti-Islamic activities of Qadiani Group / Lahori Group & Ahmedis (Prohibition & Punishment) Ord. 1984 challenged being repugnant to injunctions of Islam 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. Appeal filed in the Hon’ble Supreme Court of Pakistan.
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. 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. Appeal not filed
Sh.P.No.19/I/1984

Choudhary Khurshid Khalid

Vs.

Federation of Pakistan

Civil Servant Act LXXI of 1973 challenged being repugnant to injunctions of Islam Petition returned to petitioner having not jurisdiction on 27.8.1984. Appeal not filed
Sh.P.No.20/I/1984

Qaisar Aftab Ahmed Vs.

Secretary General Ministry of Defence

MLR-52 regarding grievance about the termination of service challenged being repugnant to injunctions of Islam Dismissed for want of jurisdiction on 31.3.1885 Appeal not filed
Sh.P.No.21/I/1984

Malik Altaf Hussain Vs.

Secretary General Ministry of Defence

Section 6 of MLR-52 challenged being repugnant to injunctions of Islam. Disposed of as withdrawn on 10.4.1985. Appeal not filed
Sh.P.No.22/I/1984

Haji Qudrat Ali & other

Vs.

Government of NWFP

Customary law contained in section 1 and 3 of Wajib-ul-Arz 1872, 1904-05 and 1946-47 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. Appeal filed in the Hon’ble Supreme Court of Pakistan and dismissed on dated 9-9-1992.
Sh.P.No.23/I/1984

Qaisar Aftab Ahmed Vs.

Secretary General Defense

Section 6 of MLR-52 challenged being repugnant to injunctions of Islam. Disposed having withdrawn on 10.4.1985 Appeal not filed
Sh.P.No.24/I/1984

Malik Aftab Hussain Vs.

Secretary General Defense

Section 5 & 6 of MLR-52 challenged being repugnant to injunctions of Islam. Disposed having withdrawn on 10.4.1985 Appeal not filed
Sh.P.No.25/I/1984

Maqbool Hussain Qureshi

Vs.

The Federal Govt. etc.

Rule 15 (i) of National Bank of Pakistan (Staff Service Rules) 1980 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. Appeal not filed
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

Section 17(2),(vi) of Cantonment Rent Restriction Act, 1963 challenged being repugnant to injunctions of Islam. Disposed of as withdrawn on 22.5.1985. Appeal not filed
S.P.No.27/I/1984

Ashfaq Ahmed

Vs.

Govt. of Pakistan & another

Section 17(2)(vi) of Cantonment Rent Restriction Act, 1963 challenged being repugnant to injunctions of Islam Disposed of as withdrawn on 22.5.1985 Appeal not filed
S.P.No.28–I/1984

Niazo alias Niaz Muhammad

Vs.

Govt. of Pakistan etc.

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 Hon’ble Supreme Court. Appeal filed in the Hon’ble Supreme Court of Pakistan.
1985
Sh.P.No.01/I/1985

Fayyaz Akbar

Vs.

Government of Pakistan etc.

Punjab Act, XII of 1985, Punjab Acquisition of Land (Housing) Act, 1973

challenged being repugnant to injunctions of Islam

Disposed of as withdraw on 7.1.1986. Appeal not filed
Sh.P.No.1/L/1985

Ahmed Khan.

Vs.

University of Engineering and Technology Lahore through vice chancellor and one other

The petitioner has claimed the write of implement under Islamic code of life. Not fixed before the court and returned to the petitioner on 12-2-1985 Appeal has not filed.
Sh.P.No.1/K/1985

Mr.Majid Nazimi etc Vs.

Federation of Pakistan

Challenged the proviso to section 499 PPC as being repugnant to the Injunctions of Islam. Disposed of on 24.3.1984, 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 Appeal has not filed.
S.P.No.02/I/1985

Janas

Vs.

Provincial Govt. of NWFP

Para 650 of the Customary Law of Late Swat challenged being repugnant to injunctions of Islam. Disposed as withdrawn on 22.10.1985. Appeal not filed
S.P.No.2/K/1985

Sayed Shahid Ali and others

Vs.

Govt. of Punjab and others

Challenged the Waqf Properties Ordinance, 1961 and Punjab Waqf Properties Ord: IV of 1979 Disposed of on 4.1.1990 as not pressed. Appeal has not filed.
S.P.No.03/I/1985

Muhammad Saeed etc.

Vs.

Govt. of NWFP etc.

Para 650 of the Customary Law of Late Swat challenged being repugnant to injunctions of Islam Disposed as withdrawn on 22.10.1985. Appeal not filed
Sh.P.No.3/L/1985

Zulfiqar Ahmed

Vs.

Government of Punjab

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. Dismissed on 9-2-1986 as this court has in fact already taken the same decision in S.P.No.5/I and 6/I 1984, to say that these provision are not un Islamic. Appeal has not filed.
S.P.No.3/K/1985

Saeedullah Kazmi Vs.

Govt: of Pakistan

Prayed that the Marching of the Women National Guard in Military Uniform and their participation on the March Past occasion, without observing pardah before public, is against the Injunctions of Holy Quran and Sunnah Dismissed on 24.3.1987 as the petitioner has not challenge any law Appeal has not filed.
Sh.P.No.4/L/1985

Mian Nisar-ul- Haq etc Vs.

Islamic Republic of Pakistan etc

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. Dismissed on 2-2-1986. Appeal has not filed.
S.P.No.04/I/1985

Sakhi Muhammad Vs.

Govt. of Pakistan etc.

Basic Pay Scale Point to Point Formula issued by Govt. of Pakistan in 1983 challenged being repugnant to injunctions of Islam 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. Appeal filed in the Hon’ble Supreme Court of Pakistan. Dismissed on 17-5-99
S.P.No.4/K/1985

Saeed Ullahs Kazmi Vs.

Govt: of Pakistan

Lifeless flags are like statutes and their solution is against the Injunctions of Islam Dismissed on 24.3.1987 as   the petitioner has not challenge any law Appeal has not filed.
S.P.No.5/L/1985

Muhammad Sharif Choudhary

Vs.

The Government of Punjab through Secretary Education Civil Secretariat Lahore

Para 4(1) of the Punjab Nationalized School (Men & Women section) Teaching post 1974 has been challenged as Un-Islamic and void. Dismissed on 15.5.1985. The reasons for dismissing the petition has been recorded in the judgment of Sh.P.No.6-L-1984 Appeal has not filed.
S.P.No.05/I/1985

Ashfaq Ahmed

Vs.

Govt. of Pakistan etc.

Section 17(2)(vi) of the Cantonment Rent Restriction Act, 1963 challenged being repugnant to injunctions of Islam Dismissed being misconceived and not maintainable on 25.9.1991. Appeal has not filed.
S.P.No.5/K/1985

Shabihul Hassan Naqvi

Vs.

Federation Government of Pakistan etc

Personal grievance Returned to the petitioner due to un complete on 19.12.1985 Appeal has not filed.
Sh.P.No.6/L/1985

Muhammad Hussain Choudhary

Vs.

The Chairman Board of Intermediate and Secondary Education, Lahore

Rules 6 (1) (VI) and (VII) of the Regulations for Intermediate Examination framed for the Board of Intermediate and Secondary Education Lahore as they are repugnant to the injunction of Islam. Dismissed on 15.5.1985 as the rules are thus based on the ‘Public Good)

And as there is no discrimination whatever they cannot be said to be repugnant to the injunctions of Islam.

Appeal has not filed.
Sh.P.No.8/L/1985

Haq Nawaz

Vs.

Government of Pakistan through secretary Ministry of Law and Justice

Family Act 1939 Order 8 has been challenged. Dismissed on 2.2.1986 as the definition of Talaq (Ela) has been described in book Al-Fiqa Reference may also be read in the book Alfiqa Alalmazahib al Arbia. Appeal has not filed.
Sh.P.No.9/L/1985

Mirza Abdul Qadeer Baig etc.

Vs.

Government of Punjab and others

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. Dismissed on 2.2.1986 as having no jurisdiction. Appeal has not filed.
1986
Sh.P.No.1/L/1986

Mr.M.Salim Akhtar Vs.

Government of Punjab

Regarding the fixation commission of stamps vendor has been challenged Disposed of on 20.2.1986 as having not been pressed. The petitioner states that he has got an opinion from a Muslim Jurist that the very concept of court fee and stamps are against the law. Appeal filed in the Hon’ble Supreme Court of Pakistan

Dismissed on 8.3.1993

S.P.No.01/I/1986

Amin Jan Naeem

Vs.

Federation of Pakistan

Section 3(1),7 & 11 of the West Pakistan Requisitioning of Immovable Property (Temporary Powers) Act, 1956 challenged being repugnant to injunctions of Islam Petition allowed. Hon’ble Court held that sub section 3(1) of this Act to extent of 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. Appeal not filed
S.P.No.1/K/1986

Najmuddin

Vs.

Zaenab d/o Qurban Hussain

Personal grievance. Dismissed on 16.12.1986 as   the petitioner has not challenge any law Appeal has not filed.
S.P No.01/P/1986

Nekzada alias Akhund

Vs.

Federation of Pakistan

Section 381 Cr.P.C regarding issuance of execution warrant unconditionally, section 400 Cr.P.C 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 Dismissed on 5.10.1986 as the Court did not find any jurisdiction to entertain this petition. Appeal not filed
Sh.P.No.02/I/1986

Janas & others

Vs.

Govt. of NWFP & others

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 Disposed of as withdrawn on 4.3.1986. Appeal not filed
S.P.No.2/L/1986

Muhammad Suleman

Vs.

Federal Government of Pakistan

Section 4 Muslim Family Laws Ordinance, 1961 petitioner prayed that above section of law repugnant to the Injunction of Islam. Disposed of on 22.1.1987 as no one appeared to prosecute this petition. As the Family Laws are not within the jurisdiction of this court at present Appeal has not filed.
S.P.No.2/K/1986

Saeedullah Kazmi Vs.

Federation of Pakistan

Prayed that this Court to declare the customs of Mujalis, Qul, Some, Tenth, Twentyth, Fortyth and Death Anniversary for EESAL-E-SAWAB etc Dismissed on 24.3.1987 for want of jurisdiction. Appeal has not filed.
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

 

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 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 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.

Disposed of as having been withdrawn on 18.11.1987 and to redraft it in accordance with Article 203-D 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.

Dismissed in limine on 2.6.1991 as the learned counsel has failed to point out any law and provision of law.

Appeal has not filed.
S.P.No.03/I/1986

Muhammad Saeed etc.

Vs.

Govt. of NWFP etc.

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 Disposed of as withdrawn on 4.3.1986. Appeal not filed
S.P.No.04/I/1986

Khan Muhammad Vs.

Federal Govt. of Pakistan through Ministry of Defence

Para 6 and 11 of Martial Law Regulation No.52 regarding compulsory retirement from statutory corporation and other organization, challenged being repugnant to injunctions of Islam. Dismissed on 5.10.1986 as the same subject matter was already decided in S.S.M No.263-A/83. Appeal not filed
Sh.P.No.4/L/1986

Mr. Ghulam Rasool Advocate

Vs.

The President of Pakistan etc

Seeks legislations for those who preach theories other than National (Patriotance) theory and he request that severe punishment should be provided for such people. Dismissed in limine on 17.11.1986 as the direction of the nature prayed for by the petitioner is not within the jurisdiction of this court. Appeal has not filed.
S.P.No.05/I/1986

Sindh Govt. Employees Cooperative Housing Society Ltd Vs.

Federation of Pakistan etc.

Cooperative Society Act, 1925,   section 1(2) of Zakat & Ushr Ord. 1980 and Rule 17 to 19, 21 & 23 challenged being repugnant to injunctions of Islam With regard to the second prayer of the petition, the petition was partly allowed vide Court order dated 8.10.1987. Appeal not filed
Sh.P.No.5/L/1986

Syed Aziz-ul Islam through General Attorney Abdul Ghafoor and others

Vs.

Federation of Pakistan and others

The provision of Martial Law Regulation No.115 of 1972 regarding ceiling on ownership of the property and acquisition of surplus land without compensation. The petitioner prayed that the same be examined and decalred to be Injunction of Islam. 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. Appeal filed in the Hon’ble Supreme Court of Pakistan Sh.A.No.1,3,8,9,10 of 1981 and 1 of 1987 are Allow and Sh. A.No 4 of 1981 with reservation content in Para 3 above of 1984 are partly Allow dated on 10-8-1998 and Rev.Petition as filed dated on 14-12-1991
S.P.No.06/I/1986

Muhammad Akram etc.

Vs.

Chairman PIA

Martial Law Regulation No.52 regarding compulsory retirement from statutory corporation and other organization, challenged being repugnant to injunctions of Islam Disposed of as withdrawn on 4.12.1986. Appeal not filed
Sh.P.No.6/L/1986

Muhammad Yaqoob Vs.

Muhammad Ali and others

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. Dismissed on 14.4.1988 as this question concerns Personal Law which is outside of the jurisdiction of this court. Appeal has not filed.
S.P.No.07/I/1986

Mst. Sonar Begum Vs.

Fed: of Pakistan

Section 5 of Punjab Laws Act, 1872 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 Appeal filed in the Hon’ble Supreme Court of Pakistan.

Dismissed on 14.2.1993

S.P.No.08–I/1986

Janas & others Vs. Govt. of NWFP

Para No.650 of Rawajnama of State Swat challenged being repugnant to injunctions of Islam The petition dismissed being infructuous and not having jurisdiction vide Court order dated 26.10.1986 Appeal not filed
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

Para No.650 of Rawajnama of State Swat challenged being repugnant to injunctions of Islam The petition dismissed being infructuous and not having jurisdiction vide Court order dated 26.10.1986 Appeal not filed
Sh.P.No.09/L/1986

Muhammad Saddique

Vs.

Federation of Pakistan.

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 the petitioner wants to file another petition in accordance with the rules. Appeal not filed
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 was returned to petitioner having no jurisdiction on 30.11.1986. Appeal not filed
Sh.P.No.13/L/1986

Muhammad Saddique Chughtai Vs.

The Federal Govt: of Pakistan and others

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. Appeal has not filed.
1987
S.P.No.01/I/1987

Noor Ahmed

Vs.

Govt. of Punjab

Section 15 of Punjab Preemption Act, 1913 challenged being repugnant to injunctions of Islam Disposed of as withdrawn on 9.4.1990 as the Punjab Govt. has already promulgated Punjab Preemption Ord. 1990, the petitioner has no grievance left. Appeal not filed
Sh.P.No.1/L/1987

Sultan Ahmed

Vs.

Federation of Pakistan through Secretary Ministry of Justice and Parliamentary Affairs Islamabad and seven others

Prays that the date from which the pre-emption 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. 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. Appeal not filed
S.P.No.1/K/1987

Saeedullah Kazmi Vs.

Federation of Pakistan

Challenged custom of dower. Dismissed on 25.3.1987 having been found no merit in the petition Appeal not filed
Rev: Pet.No.01–I/1987

Muhammad Alif Subhani

Vs.

Federal Govt. of Pakistan

Section 3(a) of Zakat and Ushr Ord. 1980 challenged being repugnant to injunctions of Islam The Hon’ble Court took review of its previous 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 Quran and Sunnah and inform the petitioner accordingly. Appeal not filed
S.P.No.02/I/1987

Ghulam Ahmed Awan

Vs.

The State

Limitation fixed in the Punjab Preemption Act for the institution of the suit challenged being repugnant to injunctions of Islam 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 Appeal not filed
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

Prays that the date from which the pre-emption 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. 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 Appeal not filed
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

 

Assailed Rule 17 (1) (a) of the NBP Rules 1980 as repugnant to the Injunctions of Islam.

Challenged section 3 of the Corporation Employees (Special Powers) Ord: XIII of 1978 as repugnant to the Injunctions of Islam

Allowed on 20.2.1989 as the similar provisions challenged before this court and the 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.

Allowed on 20.2.1989 on the ground that sec: 3 is declared repugnant to the Injunctions of Islam

Filed in the Supreme Court
S.P.No.03/I/1987

Major Muhammad Sadiq

Vs.

Govt. of Pakistan

Prevention from offering prayer by police escort in the mosque of hospital challenged being repugnant to injunctions of Islam Disposed of on 24.5.987 with observation that the Hon’ble Court felt no jurisdiction to proceed further in the matter. Appeal not filed
Sh.P.No.3/L/1987

Muhammad Waheed Asad

Vs.

Govt: of Pakistan through Secretary Health Division of Pakistan Islamabad

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. Disposed of on 22.6.1989, as the Rule now made is thus in accordance with the provisions of Sharia and consequently no further interference called for. Appeal not filed
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 Allowed on 20.2.1989 on the ground that sec: 3 is declared repugnant to the Injunctions of Islam Appeal not filed
Sh.P.No.04/I/1987

Muhammad Alif Subhani

Vs.

Federal Govt. of Pakistan

Section 3(a) of Zakat and Ushr Ord. 1980 challenged being repugnant to injunctions of Islam 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. Appeal not filed
Sh.P.No.4/L/1987

Muhammad Bakhsh Vs.

The State

Prays that death sentence of his son may be converted into life imprisonment. 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. Appeal has not filed.
S.P.No.4/K/1987

M.Shafi Muhammadi

Vs.

Federation of Pakistan

Challenged Art: 270-A of the Constitution and Sec: 129,130,131 of the Cr.P.C. Disposed of as withdrawn on 19.2.1989. Appeal has not filed.
S.P.No.05/I/1987

Faqir Muhammad Vs.

Govt. of Punjab etc.

Section 5 & 7 of Punjab Preemption Act, 1913 challenged being repugnant to injunctions of Islam. 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. Appeal filed in the Hon’ble Supreme Court of Pakistan.
Sh.P.No.5/L/1987

Abdur Rashid

Vs.

Federation of Pakistan

Petitioner prayed that Section 122 transfer of Property Act may kindly be declared to the Injunctions of Islam. Dismissed on 14.4.1988, as the question, however, stands expressly excluded from the jurisdiction of this court and the petition cannot be entertained. Appeal not filed
S.P.No.5/K/1987

Ismail Azad

Vs.

Fed. Govt. of Pakistan

Challenged sec: 248 Cr.P.C. as repugnant to the Injunctions of Islam. Dismissed on 6.6.1988 for want of jurisdiction. Appeal not filed
S.P.No.06/I/1987

Noor Ahmed

Vs.

Govt. of Pakistan

Section 15 of Punjab Preemption Act, 1913 challenged being repugnant to injunctions of Islam Disposed of as withdrawn on 9.4.1990 Appeal not filed
Sh.P.No.6/L/1987

Muhammad Ismail Qureshi

Vs.

Pakistan through Secretary Law and Preliminary Affairs, Govt: of Pakistan and an other

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. Vide judgment dated 30-10-1990 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. Shariat appeal filed in Supreme Court.
Sh.P.No.07/I/1987

Abdul Rehman Khan

Vs.

Govt. of Pakistan

Deduction of zakat even on savings challenged being repugnant to injunctions of Islam. Dismissed on 24.3.1987 with observation that as the objection meant to challenge a fiscal law and Hon’ble Court could not entertain the same at this stage. Appeal not filed
Sh.P.No.7/L/1987

Muhammad Suleman

Vs.

Muslim Commercial Bank LTD etc

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. 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. Appeal not filed
Sh.P.No.08/I/1987

Babu Haji Muhammad Banaras

Vs.

Federation of Pakistan

The translations of verses of the Holy Quran done by Maulana Mehmood-ul-Hasan and Maulana Ashraf Ali Thanvi challenged being repugnant to injunctions of Islam. Dismissed on 29.4.1987 with observation that translation made by individuals cannot be deemed to have force of law. Appeal not filed
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 Pre-emption Act 1913, being repugnant to the injunction of Islam. Disposed of as withdrawn on 25.5.1989. Appeal not filed
Sh.P.No.09/I/1987

Malik Nazeer Ahmed

Vs.

Muhammad Jameel

Personal grief challenged being repugnant to injunctions of Islam. Dismissed on 30.4.1987 having not jurisdiction Appeal not filed
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

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. 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. Appeal not filed
Sh.P.No.10/L/1987

Abdul Haq

Vs.

Federation of Pakistan

Prays that clause 3 of section 7 of the Pakistan essential service               (Maintenance) Act 1952, may be declared repugnant to the injunction of Islam. 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. Appeal not filed
Sh.P.No.10/I/1987

Muhammad Ishaq Khan

Vs.

Govt. of Pakistan

No specific law or provisions were challenged being repugnant to injunctions of Islam. Dismissed on 30.4.1987 as no provision of law was challenged. Appeal not filed
Sh.P.No.11/I/1987

Maqbool Ahmed Qureshi

Vs.

Govt. of Pakistan

Section 28 of Limitation Act, 1908 regarding adverse possession challenged being repugnant to injunctions of Islam. 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. Appeal filed in the Hon’ble Supreme Court of Pakistan and Allowed on 22-5-91
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 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. 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 has not filed.
Sh.P.No.12/I/1987

Abdul Jabbar

Vs.

Federation of Pakistan etc.

Section 4 of Muslim Family Ord. 1961 challenged being repugnant to injunctions of Islam. Disposed of as not pressed on 8.10.1987. Appeal not filed
Sh.P.No.12/L/1987

Asghar Ali

Vs.

Sardar Ali and two others

Challenged the judgment dated 5-7-1987 alongwith the decree passed by the learned District Judge Toba Take Singh as being repugnant to the injunctions of Islam. Disposed of on 14.1.1988 on the ground that the petitioner does not want to press this petition. Deposed of as withdrawn. Appeal has not filed.
Sh.P.No.13/L/1987

Haq Nawaz Kausary Vs.

Government of the Punjab etc

Challenged Punjab Civil Servant (amendment) Act 1987 whereby an employ has been deprived of his defence after termination of service. Disposed of as withdrawn on 20.10.1988. Appeal not filed
Sh.P.No.13/I/1987

Ghulam Rasool

Vs.

Federal Govt. of Pakistan

Section 4 of Muslim Family Ord. 1961 challenged being repugnant to injunctions of Islam. Disposed of as not pressed on 8.10.1987. Appeal not filed
S.P.No.14/I/1987

Lt. Col. Ret. Bashir-ud-Din Ahmed

Vs.

Govt. of Pakistan etc.

Provisions of Zakat & Ushr Ord. 1980 pertaining to the deduction of Zakat challenged being repugnant to injunctions of Islam. Disposed of being fiscal matter and out of jurisdiction on 7.10.1987 Appeal not filed
Sh.P.No.15/I/1987

Mst. Nasim Akhtar Niaz Vs.

President of Pakistan

The prerogative powers of President of Pakistan to pardon or remit death sentence challenged being repugnant to injunctions of Islam. Disposed of on 2.2.1989 being out of jurisdiction of this Court and being matter sub-judice in the Hon’ble Supreme Court. Appeal filed in the Hon’ble Supreme Court of Pakistan and dismissed on dated 17-2-1991
Sh.P.No.16/I/1987

Muhammad Iqbal Mufuckir

Vs.

Govt. of Pakistan

Section 1(3)(i)(a) of Zakat   & Ushr Ord. 1980 challenged being repugnant to injunctions of Islam. Dismissed on 7.10.1987 as the matter is of fiscal nature and being out of jurisdiction. Appeal not filed
Sh.P.No.17/I/1987

Mulvi Muhammad Ghani

Vs.

Govt. of Pakistan

Seeking knowledge regarding right of preemption on the demise of property. The question being raised does not pertain to this Court, therefore, dismissed on 17.1.1988 Appeal not filed
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. Appeal filed in the Hon’ble Supreme Court of Pakistan and dismissed on dated 3-11-1991.
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. 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. Appeal not filed
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. Disposed of as withdrawn on 6.11.1988 Appeal not filed
1988
Sh.P.No.1/I/1988

Niaz Ahmed

Vs

Islamic Republic of Pakistan & etc

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. Dismissed in limine.

It is neither necessary nor 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.

Appeal has not filed.
Sh.Ref.No.1/I/1988

Muhammad Yousaf etc Vs

The State

Request for decision application for the suspension/recall of the order of execution of death penalty issued by the sessions Judge Faisalabad for 4-7-1988 to the superintendent Central Jail Sahiwal. The Sessions Judge, Faisalabad U/S 4 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 Court has found no merit   in this application and reference and the same has dismissed in limine on dated 7-7-1988

Approved for Reporting.

Appeal has not filed.
Sh.P.No.1/L/1988

Manzoor Ahmed

Vs

The Province of Punjab.

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. The Court has found the principal of ‘Taqadam’ and 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. Appeal has not filed.
Sh.P.No.1/K/1988

Inamur Rehman

Vs

The Government of Pakistan

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. 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 20-9-1993
S.P No.01/P/1988

Dilaram

Vs.

Zakirullah & others

Section 4 of Muslim Family Law Ord. 1961 regarding inherited property challenged being repugnant to injunctions of Islam Disposed of on 13.3.1989 as the matter falls outside the jurisdiction of this Court. Appeal not filed
Rew.Sh.P.No.1/K of 1990 Filed Review Petition Seeking review of the Judgment dated; 24-5-1990 passed by Full Bench of this Court in SH.P.No.1/K/1988. Disposed of as withdrawn.

Order dated; 17-5-1992.

Appeal has not filed.
Sh.P.No. 2/I/1988

Miss. Khalida and another

Vs

The   State

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 Mirpur Khas and given their joint statement before District Magistrate thearparkar Sind. Disposed of.

The case has already been 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.

Appeal has not filed.
Sh.P.No.2/L/1988

Muhammad Ikram-ul-Haq Chaudhry

Vs

The Government of Pakistan.

Linked with

Sh.P.No.7/L/1988

Nazar Hussain

Vs

Government of Punjab.

Challenged the Provisions of section 8(2) the Punjab Pre-emption Act 1913 are repugnant to the injunction of Islam as laid down in the Holy Quran and Sunnah.

Challenged the Provisions of section 8(2) the Punjab Pre-emption Act 1913 are repugnant to the injunction of Islam as laid down in the Holy Quran and Sunnah.

This Court and The Supreme Court of Pakistan has already been declared as Un-Islamic the power of the Government to exempt certain lands from pre-emption 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

do

Appeal has not filed.
Sh.P.No.2/K/1988

Syed Tanweer Hussain Zahidi

Vs

House Building Finance Corporation

The petitioner has prayed for direction to write off the Interest on Loan and discontinuance of further interest. Office has informed to petitioner dated 7-11-1988 that the matter involve does not lie within the jurisdiction of this Court. Appeal has not filed.
Sh.P No.02/P/1988

Sikandar Khan

Vs.

Govt. of Pakistan etc.

Section 25 of the Civil Servant Act, 1973 regarding composition, cadre & seniority challenged being repugnant to injunctions of Islam Disposed of on 13.3.1989 as the matter did not fall within the jurisdiction of this Court. Appeal not filed
Sh.P.No.3/I/1988

M. Altaf Tariq

Vs

Government of Pakistan

Requested that the Courts give/obtain Justice in-expensive. Issue of Court Fees being repugnant to the Injunctions of Islam. Disposed of as withdrawn.

Order dated; 9-1-1989.

Appeal has not filed.
Sh.P.No.3/L/1988

Dr. Muhammad Yaqoob Bhatti

Vs

The Government of Pakistan.

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 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”. If advised be may approach the High Court for a direction or other relief. Inform accordingly.

(Note Portion at Para 10, approve by Chief Justice on dated 14-5-1988.

Appeal has not filed.
Sh.P.No.3/K/1988

Bashir Ahmed Khanzada

Vs

III rd A.D.J and law of Limitation

The petitioner has dis-satisfied with order dated 9-5-1988 passed by Hon’ble High Court Sind Hyderabad Circuit in Civil R.A.No.87 of 88, Bashir Ahmed Vs III rd Additional District Judge, Nawabshah. That this Hon’ble Court may be pleased to declare that the Law of Limitation is against the fundamental Principles of Islam. The office has informed to petitioner dated on 4-12-1988 that matter involve does not lie within the jurisdiction of this Court. Appeal has not filed.
Sh.P.No.4/I/1988

I.A.Sahrwani

Vs

The Government of Pakistan

Linked With

S.S.M.No.4/P/1989

Linked With

S.S.M.No.5/S/1989

Linked With

S.S.M.No.6/NWFP of 1989

Linked With

S.S.M.No.7/B/1989

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.

Sindh Civil Servants (Efficiency & Discipline) Rules, 1973.

NWFP Civil Servants (Efficiency & Discipline) Rules, 1973.

Baluchistan Civil Servants (Efficiency & Discipline) Rules, 1974.

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.

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

Appeal filed in the Hon’ble Supreme Court of Pakistan and dismissed on dated 15-2-1993.
Sh.P.No.4/L/1988

Syed Nawazish Ali

Vs

Federation of           Pakistan.

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. The jurisdiction of this Court only extends to existing laws 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. Appeal has not filed.
Sh.P.No.4/K/1988

Abdur Rab Jaffery etc Vs

Government of Pakistan

Linked with Sh.P.No.13/L/1988

Linked with

Sh.P.No.18/I/1988

Linked with

Sh.P.No.19/I/1988

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

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 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 been filed in the Hon’ble Supreme Court of Pakistan and pending
Sh.P.No.5/I/1988

Shad Muhammad

Vs

Government of Pakistan

Linked With

 

Sh.P.No.10/I/1988

Muhammad Anwar

Vs

Ministry of Law

Linked With

 

 

 

Sh.P.No.11/I/1988

Mst. Bashira

Vs

Federation of Pakistan

Linked With

 

 

 

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.

Challenged Article 22 of the Land Reforms Regulation 1972 (MLR 115). as being repugnant to the Injunction of Islam.

Challenged Article 22 of the Land Reforms Regulation 1972 (MLR 115) as being repugnant to the Injunction of Islam.

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 FSC-23

Judgment dated; 8-11-1988.

Dismissed.

The Court has already been discussed these challenged points in its reported Judgment in PLD 1981 FSC-23

Judgment dated; 8-11-1988.

Dismissed.

The Court has already been discussed these challenged points in its reported Judgment in PLD 1981 FSC-23

Judgment dated; 8-11-1988.

Dismissed.

The Court has already been discussed these challenged points in its reported Judgment in PLD 1981 FSC-23

Judgment dated; 8-11-1988.

Appeal has not filed.
Sh.P.No.5/L/1988

Muhammad Aslam Behleem

Vs

Province of Punjab and another.

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 un-Islamic the power of the Government to exempt certain lands from pre-emption 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 section has been mentioned in the judgment despite the fact that the power of the Government has been declared as un-Islamic. The petitioner, After the perusing the judgment on 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.

Appeal has not filed.
Sh.P.No.5-A/L of 1988

Dr. A.M.Khan

Vs

The Government of Pakistan.

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.

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)

Appeal has not filed.
Sh.P.No.5-B/L of 1988

Dr. A.M.Khan

Vs

The Government of Pakistan.

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 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. Appeal has not filed.
Sh.P.No.5-C/L of 1988

Dr. A.M.Khan

Vs

The Government of Pakistan.

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. After hearing the petitioner for some time again the 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.

Appeal has not filed.
Sh.P.No.5/K/1988

Muhammad Yousaf Rustamani

Vs

Provision of Sindh and another

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). Allowed.

The FSC has declared that the involve Section found to be repugnant to the Injunction of Islam.

Judgment dated; 7-6-1989.

Appeal has not filed.
Sh.P.No.6/I/1988

Jamil-ur-Rehman

Vs

Government of Pakistan

Challenged section 18(3), 22-A, 50(2) and 54 of the Land Acquisition Act, 1894 being repugnant to the Injunctions of Islam. Accepted.

The Court has declared that these Sections are found 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.

Fit for Reporting.

Appeal filed in the Hon’ble Supreme Court of Pakistan and dismissed on dated 18-2-1991
Sh.P.No.6/L/1988

Hassan Ali Qureshi

Vs

The Government of Punjab.

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. After approval of the Hon. Chief Justice, the office has 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.

Appeal has not filed.
Sh.P.No.7/I/1988

Muhammad Irshad

Vs

Government of Pakistan

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. Disposed of, because the Father of the petitioner has 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.

Appeal has not filed.
Sh.P.No.7/L/1988

Nazar Hussain

Vs

Government of Punjab.

Linked with

Sh.P.No.2/L/1988

Muhammad Ikram-ul-Haq Chaudhry

Vs

The Government of Pakistan.

Sh.P.No.11/L/1988 Muhammad Jamil Khan Vs

The Government of Punjab etc.

Challenged the Provisions of section 8(2) the Punjab Pre-emption Act 1913 are repugnant to the injunction of Islam as laid down in the Holy Quran and Sunnah.

Challenged the Provisions of section 8(2) the Punjab Pre-emption Act 1913 are repugnant to the injunction of Islam as laid down in the Holy Quran and Sunnah.

The petitioner has challenged Section 7 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.

This Court and The Supreme Court of Pakistan   has already been declared as Un-Islamic the power of the Government to exempt certain lands from pre-emption 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

-do-

Appeal has not filed.
Sh.P.No.8/I/1988

Sikander

Vs

Muhammad Anwar

Challenged section 24 of the NWFP pre-emption 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 Pre-emption suit is repugnant to the Injunctions of Islam. Disposed of.

According to learned counsel this petition is yet under consideration before the District Judge Abbottabad.

Order dated; 6-11-1988.

Appeal has not filed.
Sh.P.No.8/L/1988

Dr. Muhammad Yaqub Bhatti

Vs

The Government of Pakistan

The Petitioner has challenged Sub-Section 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. As the provisions of the law sought to be assailed in this petition have already lapsed due to efflux of time, this petition abates and shall stand disposed.

Dated: 24-5-1989.

Appeal has not filed.
Sh.P.No.9/I/1988

Nek Muhammad

Vs

UBL etc

Requested that the Court declare the compound interest to the Injunctions of Islam. Returned because the Court has no jurisdiction

Dated; 30-7-1988.

Appeal has not filed.
Sh.P.No.9/L/1988

Muhammad Ramzan   Vs

The Federation of Pakistan & others.

Request stays Executions of sentence of death through this Shariat petition. The petitioner does not press this petition and wants to withdraw it. Petition has disposed of accordingly.

Dated: 7-7-1988.

Appeal has not filed.
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

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 FSC-23

Judgment dated; 8-11-1988.

Appeal filed in the Hon’ble Supreme Court of Pakistan and Allowed on dated 15-11-1993.
Sh.P.No.10/L/1988 Muhammad Aslam Vs

The Federation of Pakistan

Prayed that the law relating t issuance of black warrants of 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. The petitioner does not press this petition and wants to withdraw it. Petition has disposed of accordingly.

Dated: 7-7-1988.

Appeal has not filed.
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

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 FSC-23

Judgment dated; 8-11-1988.

Appeal has not filed.
Sh.P.No.11/L/1988 Muhammad Jamil Khan

Vs

The Government of Punjab etc.

The petitioner has challenged Section 7 of the Punjab Pre-emption 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 Court of Pakistan   has already been declared as Un-Islamic the power of the Government to exempt certain lands from pre-emption 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. Appeal has not filed.
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. Dismissed.

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 Amin-Vs-Islamic Republic of Pakistan (PLD-1981-FSC-23(75)).

Judgment dated; 29-6-1989

Appeal has not filed.
Sh.P.No.12/L/1988

Iftikhar Hussain Abid

Vs

Evacuee Waqf Property Board and etc.

The petitioner has challenged the laws of Evacuee Waqf Property Board. Disposed of. Withdraw on request of Petitioner.

Dated: 18-10-1998

Appeal has not filed.
Sh.P.No.13/I/1988

Ch. Bashir Ahmed

Vs

Province of Punjab.

Challenged Section 7(3) (4) of C.S.R 1974 being repugnant to the Injunctions of Islam. Disposed as withdrawn on the request of petitioner.

Order dated; 7-11-1988.

Appeal has not filed.
Sh.P.No.13/L/1988

Muhammad Salahuddin etc

Vs

he Government of Pakistan

Linked with

Sh.P.No.18/I/1988

Malik Muhammad Usman Vs

The Government of Pakistan.

Linked with

Sh.P.No.19/I/1988

Habib-ur-Wahab-ul-Khari Vs

Federal Government of Pakistan

Linked with

Sh.P.No.26/I/1988

Mrs. Yasmeen Raza

Vs

Government of Pakistan

Linked with

Sh.P.No.4/K/1988

Abdur Rab Jaffery etc Vs

Government of Pakistan

Linked with

Sh.P.No.3/L/1989

Bashir Ahmed Naveed

Vs

The Government of Pakistan

Linked with

Sh.P.No.5/I/1989

Raja Abdul Razzaq

Vs

The Government of Pakistan

Linked with

Sh.P.No.65/I/1992

Dr. Muhammad-ur-Rahman Faisal

Vs

The Government of Pakistan.

Linked with

Sh.P.No.12/I/1990

Dr. Muhammad-ur-Rahman Faisal

Vs

The Government of Pakistan.

Petitioner has challenged Section 6 of the Political Parties Act and Section 14 & 52 of the National & Porcl: Assembles. Elec. Act, 1977. (Qualification of the candidate of the parliament or the Provisional Assembles)

———–

Petitioner has challenged the Political Parties Act, 1977   has found repugnant to the injunction of Islam as laid down in the Holy Quran and Sunnah. (Specific Section has not been challenged)

————

The petitioner has challenged Section 13, 14, 49 of Political Parties Act, 1977 being repugnant to the Injunction 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.

—————–

Section 12 and 21of the representation of the Peoples Act, 1976.

Sections 2(C) and 4 of the Political Parties Act, 1962.

—————-

Section 28, 12 and 32 of the representation of the Peoples Act, 1976.

—————–

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.

——————

Political parties Act, 1962 (Act No.III of 1962) and the Political Parties Rules, 1986 except Section 4 of the said Act.

——————

Section 4 of Political Parties Act, 1962.

The Court has declared 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.

-do-

-do-

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

-do-

-do-

Appeal has been filed in the Hon’ble Supreme Court of Pakistan and pending
Sh.P.No.14/I/1988

Malik Ghulam Rasool

Vs

The State

Requested that the Court declare word of Azan according to Sharia-Muhammadi. 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.

Appeal has not filed.
Sh.P.No.14/L/1988

Sajwara etc

Vs

Federal Government of Pakistan

Linked with

Sh.P.No.2/L/1989

Allah Wasaya

Vs

The Government of Pakistan

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.

 

               ————–

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.

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.

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.

Appeal has filed.
Sh.P.No.15/I/1988

Shabir Khan

Vs

The State

Requested and want for stay of the execution of the sentence of death. 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.

Appeal has not filed.
Sh.P.No.15/L/1988

Ally Immrawn

Vs

The State

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 Hon’ble Court may kindly be declared the above Sections of laws being repugnant to the Injunctions of Islam. 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.

Appeal has not filed.
Sh.P.No.16/I/1988

Raj Wali

Vs

Muhammad Arif and another

Challenged Section 401 and 402 Cr.P.C. as being against the Injunctions of Islam. Disposed of on dated 7-11-1988 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.

Appeal has not filed.
Sh.P.No.16/L/1988

Muhammad Aslam Vs

The Government of Punjab.

The petitioner has challenged the Provisions of Section 204 Cr.P.C and has prayed that Hon’ble Court may kindly be declare that Section 402 Cr.P.C is repugnant to Quran and Sunnah and is Ultra vires and without authority. 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.

Appeal has not filed.
Sh.P.No.17/I/1988

Muhammad Akram

Vs

Government of Pakistan.

Linked With

Sh.P.No.5/I/1988

Linked With

Sh.P.No.10/I/1988

Linked With

Sh.P.No.11/I/1988

 

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 FSC-23

Judgment dated; 8-11-1988.

Appeal has not filed.
Sh.P.No.17/L/1988

Nawab Ali

Vs

Raja Abdul Qayyum Civil Judge and another.

The petition has Requested through Shariat petition for stay of Tenancy Act, 1913 while he has not challenged any provision of law. 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. Appeal has not filed.
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

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.5/I/1989

Linked with

Sh.P.No.65/I/1992

Linked with

Sh.P.No.12/I/1990

Petitioner has challenged the Political Parties Act, 1977   has found repugnant to the injunction of Islam as laid down in the Holy Quran and Sunnah. (Specific Section has not been challenged). The Court has declared 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.

Appeal has not filed.
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 Gunj…Vs….

Sharoomani Gurdawara Parbandhak Committee”, prejudice, against the provisions of law and absolutely repugnant to the Injunctions of Islam as laid down in the Holy Quran.

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 not filed.
Sh.P.No.19/I/1988

Habib-ur-Wahab-ul-Khari Vs

Federal Government of Pakistan

Linked with

Sh.P.No.13/L/1988

Linked with

Sh.P.No.18/I/1988

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.5/I/1989

Linked with

Sh.P.No.65/I/1992

Linked with

Sh.P.No.12/I/1990

The petitioner has challenged Section 13, 14, 49 of Political Parties Act, 1977 being repugnant to the Injunction of Islam. The Court has declared 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.

Appeal has not filed.
Sh.P.No.19/L/1988

Syed Tasadduq Hussain

Vs

Federal Government of Pakistan

The petitioner has challenged Section 8(3) and 10 of the Evacuee Trust Properties (management and Disposal) Act, 1975, the petitioner prayed that the Hon’ble Court may kindly be declared the above Section of laws being repugnant to the Injunction of Islam. 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: 9-1-1989.

Appeal has filed.
Sh.P.No.20/I/1988

Dr. Farida Afzal

Vs

Federation of Pakistan

Challenged the appointment of Woman as a Head of the State as being against the Injunctions of Islam. Disposed of as withdrawn because petitioner does not press this petition and wants to withdraw.

Order dated; 30-11-1988.

Appeal has not filed.
Sh.P.No.21/I/1988

Muhammad Yaqoob

Vs

Government of Pakistan

Challenged the appointment of Woman as a Head of the State as being against the Injunctions of Islam. Dismissed.

The Court has no jurisdiction.

Order dated; 30-11-1988.

Appeal has not filed.
Sh.P.No.22/I/1988

Ch. Bashir Ahmed

Vs

Province of Punjab.

Challenged Section 7(3) (4) of C.S.R 1974. Disposed of as withdrawn.

Order dated; 15-1-1989.

Appeal has not filed.
Sh.P.No.24/I/1988

Ch. Muhammad Irshad

Vs

Rafique Kazam

Challenged Limitation Act has being repugnant to the Injunctions of Islam. Informed to applicant through office latter that the matter is out of jurisdiction of this Court.

Dated; 11-1-1989.

Appeal has not filed.
Sh.P.No.25/I/1988

Pir Muhammad Ibrahim

Vs

Government of Pakistan

Challenged the appointment of Woman as a Head of the State as being against the Injunctions of Islam. Dismissed.

The Court has no jurisdiction.

Order dated; 15-1-1989.

Appeal has not filed.
Sh.P.No.26/I/1988

Mrs. Yasmeen Raza

Vs

Government of Pakistan

Linked with

Sh.P.No.13/L/1988

Linked with

Sh.P.No.18/I/1988

Linked with

Sh.P.No.19/I/1988

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

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.

The Court has declared 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.

Appeal has not filed.
1989
Sh.P.No.1/I/1989

Ahmed Bhai Patail Vs.

Govt. of Pakistan

Personal grievance. Disposed of on 15.1.1989. Appeal has not filed.
Sh.P.No.01/L/1989

Nazir Ahmed Qureshi etc

Vs.

Government of Punjab etc.

Petitioner prayed that the Hon’ble 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. Petition returned to petitioner on 12.1.1989. Appeal not filed
Sh.P.No.1/K/1989

Nusrat Baig Mirza

Vs

The Government of Pakistan and Province of Sindh

Challenged the Provision of Rules 14 of Sind Civil Servants (Appointment Promotion and Transfer) Rules, 1973 and Office Memorandum No.8/9/72-TRV dated 31-8-1973. Allowed.

The Court has declared that the challenged provision and memorandum found to be repugnant to the Injunctions of Islam.

Judgment dated; 23-4-1992.

Appeal filed in Supreme Court and dismissed on 22-4-2009.
S.P.No.2/I/1989

Nawab Ali through Hakim Ghulam Ali Vs.

Government of Pakistan

Personal grievance. 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. Appeal has not filed.
Sh.P.No.02/L/1989

Allah Wasaya etc. Vs.

Federal Government of Pakistan etc.

L/W

S.P.No.14-L/1988

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. 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. Appeal not filed
Sh.P.No.2/K/1989

Inayat ullah

Vs

The Government of Sindh

Challenged section 31 of the Sind Servant Act, 1973. Disposed of.

The same provision had been declared by the Shariat Appellant Bench of Supreme Court of Pakistan in PLD-1987-SC-304.

Order dated; 14-6-1989.

Appeal has not filed.
Sh.P.No.3/I/1989

Raja Abdul Raziq Adil

Vs.

The Govt. of Islamic Republic of Pakistan

Personal grievance. 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. Appeal has not filed.
Sh.P.No.3/L/1989

Bashir Ahmed Naveed

Vs

The Government of Pakistan

Linked with

Sh.P.No.13/L/1988

Linked with

Sh.P.No.18/I/1988

Linked with

Sh.P.No.19/I/1988

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

Section 28, 12 and 32 of the representation of the Peoples Act, 1976. The Court has declared 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.

Appeal has not filed.
Sh.P.No.3/K/1989

M/S Professional Builder

Vs

The Government of Pakistan

Challenged Section 2 of the Amendment Ordinance, VI of 1989 in MLR-57. Dismissed because the Ordinance in question had its self lapsed.

Order dated; 11-6-1991.

Appeal has not filed.
Sh.P.No.4/I/1989

Raja Abdur Razaq Adil

Vs.

The State

Challenged clause (e) of Section 2 of the Enforcement of Sharia Ordinance, 1988. Disposed of as withdrawn on 5.2.1989. Appeal has not filed.
Sh.P.No.04/L/1989

Aftab Ahmed Shami Vs.

Islamic Republic of Pakistan

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. Petition returned to petitioner on 6.4.1989. Appeal not filed
Sh.P.No.4/K/1989

Ahsan Ghayur

Vs

Ministry of Law, The Government of Pakistan

Challenged the entire electoral system of Pakistan is found against the Islamic Injunctions. Dismissed accordingly on 31-12-1989. Appeal has not filed.
S.P.No.05/L/1989

Abdul Rasheed

Vs.

The State

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. Petition became infructous on 4.3.1990 Appeal not filed
Sh.P.No.5/I/1989

Raja Abdul Razzaq

Vs

The Government of Pakistan

Linked with

Sh.P.No.13/L/1988

Linked with

Sh.P.No.18/I/1988

Linked with

Sh.P.No.19/I/1988

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 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.

——————

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 been filed in the Hon’ble Supreme Court of Pakistan and pending
S.P.No.6/I/1989

Mrs.Yasmeen Raza Vs. The Federal Government of Pakistan

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) Disposed of on 8.3.1989 for want of jurisdiction. Appeal has not filed.
Sh.P.No.06/L/1989

Farrukh Ameen

Vs.

Government of Punjab etc.

Section 10 of Punjab Civil Servant Act, 1974 the petitioner prayed that the above section of Law instructions about the recording of A.C.R and the notification terminating the petitioner’s service may kindly is declared ultra vires being repugnant to the Holy Quran & Sunnah. Dismissed finding no merits on 10.5.1989 Appeal not filed
Sh.P.No.7/I/1989

Pakistan Medical Association, Multan Vs.

Govt. of Pakistan

Challenged Health police of the Government. Disposed of on 27.3.1989 for want of jurisdiction Appeal has not filed.
Sh.P.No.07/L/1989

Aftab Ahmed Shami Vs. Islamic Republic of Pakistan

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 Hon’ble 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. Petition returned to petitioner on 21.5.1989 Appeal not filed
S.P.No.8/I/1989

Awami Hospital Waqf Board, Multan etc. Vs.

Govt. of Pakistan

Challenged Political Disposed of on 27.3.1989 Appeal has not filed.
Sh.P.No.08/L/1989

Manzoor Ahmed

Vs.

Rafiq Ahmed etc.

Section 4 of Muslim Family Law, Ordinance the petitioner prayed that the Hon’ble 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. Petition returned to petitioner on 24.5.1989 Appeal not filed
Sh.P.No.9/I/1989

Dr.A.M Khan

Vs.

Govt. of Pakistan

Challenged the provision of Canal and Drainage Act Disposed of on 27.3.1989 for want of jurisdiction. Appeal has not filed.
Sh.P.No.9/L/1989

Muhammad Saddique Chughtai

Vs.

Government of Pakistan

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.

Disposed of on dated 18-6-1989 as the learned counsel has failed to point out any law and provision of law. Appeal has not filed
Sh.P.No.10/I/1989

Naib Subedar (Retd) Ghulam Shabbir

Vs.

Govt of Pakistan

Challenged sections 5 and 6 of the Punjab Tenancy Act, 1887. Disposed of as withdrawn on 18.4.1989. Appeal has not filed.
Sh.P.No.10/L/1989

Aftab Ahmed Shami Vs.

Islamic Republic of Pakistan

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. Disposed of on dated 08-3-1990. Appeal not filed
Sh.P.No.11/L/1989

Nazir Ahmed Nasir Vs.

Federal Government Pakistan

Moveable and Immoveable Property Transfer of Property Act petitioner request for share of transfer of property. Disposed of on dated 4.7.1989 Appeal not filed
Sh.P.No.12/I/1989

Mst .Razia Bibi

Vs.

Said Rasool

Personal grievance 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. Appeal not filed
Sh.P.No.12/L/1989

Sanaullah etc.

Vs.

Muhammad Yaqoob etc.

West Pakistan Muslim Personal Law (Shariat Amendment) Ordinance, XIII 1983 petitioner prayed that the Judgment and degree dated 1-9-1981 alongwith order dated 31-9-1988 both of district Judge Faisalabad and Lahore High Court may kindly be set aside being against repugnant to injunctions of Islam. Dismissed having no jurisdiction on 21.1.1991 Appeal not filed
Sh.P.No.13/I/1989

Malik Muhammad Usman

Vs.

Government of Pakistan

Challenged certain Constitutional provisions. Disposed of on 31.12.1989 for want of jurisdiction. Appeal not filed
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 2.6.1991 as the learned counsel has failed to point out any law and provision of law. Appeal has not filed.
Sh.P.No.14/L/1989

Ch. Ghulam Murtaza Lambadar

Vs.

Government 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. Petition returned to petitioner on 30.11.1989. Appeal not filed
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

 

Challenged section 25 and 27 of the Punjab Pre-emption Ordinance, 1913.

Challenged section 25 and 27 of the Punjab Pre-emption Ordinance, 1913.

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 not pressed on 31.1.1991as the said law has been repealed and a new pre-emption Ordinance 1990 has not been promulgated.

Appeal not filed
Sh.P.No.15/L/1989

Ch. Khan Muhammad

Vs.

Federation of Pakistan

MLR 115 Article 122 petitioners prayed that the above Section of Law may kindly be declared being repugnant to injunctions of Islam. Dismissed as withdrawn on 4.3.1989. Appeal not filed
Sh.P.No.16/I/1989

Bashir etc

Vs.

Province of Punjab etc

Linked with

Sh.P.No.15/I/1989

Challenged section 25 and 27 of the Punjab Pre-emption Ordinance, 1913. 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. Appeal not filed
Sh.P.No.16/L/1989

Shamsher Abbas Bukhari

Vs.

Lahore Development Authority etc.

MLR 115 of 1972 (regarding Punjab Pre-emption Act) and Land Reform Act, 1977 being repugnant to injunctions of Islam. Dismissed as misconceived on 10.2.1991. Appeal not filed
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

Challenged in its own way, the specific provisions of the Qanun-e-Shahadat 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 ta’zir will be illegal. Appeal filed in the Hon’ble Supreme Court of Pakistan and disposed of with direction Article 16 of the order may be amended accordingly dated 22-6-1993.
1990
Criminal Original No.1/I/1990 The State

Vs.

Mr. I. A. Rahman etc

Application under sections 3 and 4 of the Contempt of Court Act read with Article 203E (3). Proceedings against the respondents are dropped on 12.4.1992. The court has held that the question of it having been printed contumaciously to lower the status and dignity of this Court does not arise. Appeal has not filed.
Sh.P.No.1/I/1990

Muhammad Siddique

Vs.

Islamic republic of Pakistan etc.

Challenged section 20 of the Punjab Pre-emption Act, 1913. Dismissed as having become infructous on 31.1.1991 Appeal has not filed.
Sh.P.No.01/L/1990

Muhammad Sadiq Vs.

Govt. of Punjab etc.

Section 8 of Punjab Preemption Act, 1913 petitioner prayed that the provision of law notification issue regarding to exemption of property from preemption situated within the limits of Municipal Committee, Sialkot, may kindly be declared to be repugnant to the injunctions of Islam. Dismissed as not pressed on 3.2.1991 Appeal not filed
Sh.P.No.1/K/1990

Gul Muhammad Hajano

Vs.

The State

Sindh Service Tribunals Act, 1973and Rule 2 of service Tribunals (Qualification of Members) Rules, 1974 as being repugnant to the Injunctions of Islam. Allowed on 21-5-1991

Section 4, 4(b), Service Tribunals Act, challenged in Shariat Petition is repugnant to the Injunctions of Islam.

Appeal not filed
Sh.P.No.2/I/1990

Ghulam Sarwar etc. Vs.

Islamic Republic of Pakistan etc.

Challenged section 31 of the NWFP Pre-emption Act, 1987. Disposed of as having not pressed on 31.1.1991. Appeal has not filed.
Sh.P.No.02/L/1990

Aftab Ahmed Shami Vs.

Islamic Republic of Pakistan

Pension Act, 1871 petitioner prayed that the above Section may very graciously be declared to be repugnant to injunctions of Islam. Disposed of as withdrawn on 8.3.1990. Appeal not filed
Sh.P.No.02/K/1990

Muhammad Sharif Vs.

Fed. Govt. of Pakistan & others

Regulation No.9 of National Shipping Corp. (Established Officers) Service Regulation, 1965 challenged being repugnant to injunctions of Islam Allowed vide judgment dated 18.9.1993 with observation that Regulation No.9 is repugnant to injunctions of Islam. Appeal filed in the Hon’ble Supreme Court of Pakistan and dismissed on 5-6-2009.
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

Challenged in its own way, the specific provisions of the Qanun-e-Shahadat 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 ta’zir will be illegal. Appeal filed in the Hon’ble Supreme Court of Pakistan and disposed of with direction Article 16 of the order may be amended accordingly dated

22-6-1993.

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 Pk.

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 of definition of ‘Law’ to be examined by this Court vis-à-vis repugnancy thereof to the injunctions of Islam. Appeal has not filed.
Sh.P.No.03/L/1990

Dr. Suhrab Aslam Khan

Vs.

Fed: of Pakistan

Section 11 of Pakistan Arms Ordinance, 1965 petitioner prayed that the above section of law is misconceived and wholly repugnant to the Islamic Injunctions. Dismissed having no merits on 7.3.1990. Appeal filed in the Hon’ble Supreme Court
S.P.No.03/K/1990

Nazir Ahmed Dhon Vs.

Govt. of Sindh etc.

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 Dismissed having no merit on 15.5.1990 Appeal has not filed.
S.P.No.4/I/1990

Maj.(Retd)Amir Afzal Khan

Vs.

Government of Pakistan

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) Disposed of on 11.4.1990. The petitioner was taken 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. Appeal has not filed.
S.P.No.04-L/1990

Malik Muhammad Saeed

Vs.

Muhammad Sharif & others

Section 15 of Punjab Preemption Act, 1913 petitioner prayed that the above section of law may kindly be declared being repugnant to injunctions of Islam. Dismissed being in fructuous on 10.2.1991 Appeal not filed
S.P.No.04/K/1990

Dr. Hafiz Muhammad Ilyas

Vs.

Govt. of Pakistan etc.

Section 6(h)(b) of Finance Act-V of 1989 regarding Collecting of Tax Ord. 1979 challenged being repugnant to injunctions of Islam Dismissed on 3.11.1992 with observation that these petitions are misconceived and being without merit. Appeal filed in the Hon’ble Supreme Court of Pakistan and withdraw on 20-10-2004
Sh.P.No.5/I/1990

Mufti Iftikhar-uddin Vs

Federal Government

Challenged sections 8, 10, 14 and 21 of the Evacuee Trust Properties (Management and Disposal) Act, 1975. Disposed of on 16.9.1991, on the ground that sections 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. Appeal filed in the Hon’ble Supreme Court of Pakistan and disposed of on dated 25-3-1999.
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 performance passed by respondent No.2 & 3 direction compulsory registration of transfer deeds is being repugnant to injunctions of Islam. Dismissed as withdrawn on 10.2.1991 Appeal not filed
S.P.No.05/K/1990

Hakim Muhammad Saeed Vs. Govt. of Pakistan

Section 6(h)(b) of Finance Act-V of 1989 regarding Collecting of Tax Ord. 1979 challenged being repugnant to injunctions of Islam Dismissed on 3.11.1992 with observation that these petitions are misconceived and being without merit. Appeal filed in the Hon’ble Supreme Court of Pakistan.
S.P.No.6/I/1990

Muhammad Ayub Vs.

Islamic Republic of Pakistan etc.

Punjab Pre-emption Ordinance, 1990. 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 Qur’an and 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 pre-emption 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 Qur’an and Sunnah of the Holy Prophet(SAW) Appeal not filed
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 Preemption 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 Preemption Act, 1991 were declared repugnant to the injunctions of Islam vide Court’s judgment dated 30.5.1991. Appeal filed in the Hon’ble Supreme Court and dismissed on dated 6-10-2004.
Sh.P.No.6/K/1990

Arbab Saindad

Vs.

The Government of Sindh

Section 9 of Land Accusations Sindh Amendment Ordinance, XXIII of 1984 Dismissed in limine on 30-4-1992. Appeal not filed
S.P.No.7/I/1990

Ahsan Ghaur

Vs.

Government of Pakistan

Prayed that the voter who casts his vote dishonestly or erroneously shall be awarded death sentence. Dismissed on 22.4.1990, as the petitioner has not challenged any provision of law. This petition pertains, at the most, to policy matter. Appeal has not filed.
Sh.P.No.07/L/1990

Haji Rana Muhammad Shabbir Khan

Vs.

Government of Punjab etc.

Section 13 Punjab Preemption Act, 1990 petitioner prayed that the above Section of law may kindly be declared being repugnant to injunctions of Islam. Appeal allowed. Section 2(a),6(2),12,13(3),22, 29 & 35(2) of Punjab Preemption Act, 1991 were declared repugnant to the injunctions of Islam vide Court’s judgment dated 30.5.1991 Appeal filed in the Hon’ble Supreme Court and dismissed on dated 6-10-2004.
S.P.No.07/K/1990

Mian Suhail Hussain Vs.

Pakistan through the President

Section 2(d), 7(2), 8,13 of the Banking Companies (Recovery of Loans) Ord. 1979 challenged being repugnant to injunctions of Islam For reference vide S.P No.14-I/1990, however, the detailed / final order is not placed in the file Appeal has not filed.
S.P.No.8/I/1990

Ahsan Ghaur

Vs. Government of Pakistan

The petitioner has merely relied on a booklet written by Hujjatullah Hijazi. Dismissed on 22.4.1990 for want of jurisdiction. Appeal not filed
Sh.P.No.08/L/1990

Muhammad Ismail Qureshi

Vs.

Govt. of NWFP through Secretary Law

Linked with

Sh.P.No. 12/I/1991

Sections 12, 20, 22, 24, 25, 29 & 32 of NWFP Preemption Act, 1987 were challenged by the petitioner, while the 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. 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. Filed in the Supreme Court of Pakistan and dismissed as withdrawn on dated 22-2-1993
Sh.P.No.08/K/1990

Syed Afzal Hussain Vs. Govt. of Sindh etc.

Interest Act, 1839, section 34, 34(a)(b) of CPC challenged being repugnant to injunctions of Islam For reference vide S.P No.14-I/1990, however, the detailed / final order is not placed in the file Appeal has not filed.
Sh.P.No.09/I/1990

Ahsan Ghayur

Vs.

Government of Pakistan

Personal grievance. Dismissed on dated 22-4-1990. Appeal not filed
Sh.P.No.09/L/1990

Ch: Khan Muhammad

Vs.

Govt. of Pakistan

Section 30 of Pakistan Urban Rent Restriction Ordinance, 1959 being repugnant to injunctions of Islam. Dismissed being non-maintainable on 25.9.1991 as the Hon’ble Court has already examined in the judgment covering in S.P. No.60-I/1990 Appeal not filed
Sh.P.No.09/K/1990

Haider Ali Muljee Taha

Vs.

Fed. of Pakistan etc.

Section 300 to 312 of Cr. Law regarding Qisas & Diat challenged being repugnant to injunctions of Islam Dismissed in limine on 24.2.1991 with the observation that the Hon’ble Court did not find any force in the petition. Appeal not filed
Sh.P.No.10/I/1990

Ahsan Ghayur

Vs.

Government of Pakistan

Personal grievance. Disposed of on dated 22-4-1990. Appeal not filed
Sh.P.No.10/L/1990

Ch: Khan Muhammad

Vs.

Government of Pakistan

MLR-115 of 1972 of Paragraph 22 & 23 and section 22, 15,17,10,31 of Punjab Tenancy Act, 1887 petitioner prayed that the above Section of laws being repugnant to injunctions of Islam. Judgment reserved on 9.2.1992 but the detailed judgment is not placed in the file, however, the judgment on the aforesaid subject matter was passed in S.P.No.02-L/1979 vide Court’s order dated 13.12.1980 vide PLD 1981 FSC Page 30. Appeal not filed
S.P.No.11/I/1990

Ahsan Ghaur Vs. Govt. of Pakistan

Prayed that no steps are being taken in respect of Kashmir Problem and its liberation. Dismissed on 22.4.1990 as the petitioner has not challenged any law as repugnant to the Injunctions of Holy Quran and Sunnah. Appeal has not filed.
S.P.No.11/L/1990

Fazal-ur-Rehman Vs.

Fed: of Pakistan

Income Tax Ordinance, 1979 petitioner prayed that the Hon’ble Court may kindly be declared   above law being repugnant to injunctions of Islam. Dismissed finding no force in the petition on 27.5.1991. Appeal filed in the Hon’ble Supreme Court and dismissed for non-prosecution on dated 6-10-2004
S.P.No.12/L/1990

Karamatullah Sheikh Vs.

President of Pakistan

Banking Companies Recovery of Loan Ordinance, 1979 being repugnant to injunctions of Islam. For reference vide S.P No.14-I/1990, however, the detailed / final order is not placed in the file Appeal has not filed.
S.P.No.13/I/1990

Abdullah Sani

Vs.

The Federation of Pakistan

Challenged sections 117 and 118 of Muhammadan law regarding will. 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. Appeal filed in the Hon’ble Supreme Court and dismissed on dated 3-6-1998.
S.P.No.13/L/1990

Patiala Metal Merchant Gujranwala

Vs.

Federation of Pakistan

Recovery of Interest in Cooperative Societies Bank Act challenged being repugnant to injunctions of Islam The judgment in the above subject matter has already been passed in S.P.No.01-I/1990 Appeal filed in the Hon’ble Supreme Court
Sh.P.No.14/L/1990

Nazir Ahmed

Vs.

Government of Pakistan

Section 4 of Muslim Family Law 1961 petitioner prayed that Hon’ble Court may kindly be declared the above Section of laws are being repugnant to injunctions of Islam. Dismissed having no jurisdiction on 20.9.1991. Appeal not filed
Sh.P.No.15/L/1990

Malik Muhammad Aslam

Vs.

District Manager House Building Finance Corp. Faisalabad etc.

House Building Finance Corporation Ord. relating Recovery of Interest challenged being repugnant to injunctions of Islam. Dismissed as incompetent vide Court’s order dated 16.6.1991 Appeal not filed
Sh.P.No.16/L/1990

Ch. Sardar Ahmed Zia

Vs.

Muslim Commercial Bank

Recovery of interest in respect of Banking Companies Recovery of Loan Ordinance challenged being repugnant to injunctions of Islam. Dismissed as incompetent vide Court’s order dated 16.6.1991. Appeal not filed
Sh.P.No.17/I/1990

Dr. Mehmood-ur-Rehman Faisal

Vs.

Secretary M/o law, Justice ,Islamabad and others

Fiscal laws on the touchstone of the Injunctions of Holy Quran and Sunnah. Allowed to the extent stated in the detailed judgment in S.P.No.30-L-1991. 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. Filed in the S.C
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. For reference vide S.P No.14-I/1990, however, the detailed / final order is not placed in the file Appeal filed in the Hon’ble Supreme Court of Pakistan.
Sh.P.No.18/I/1990

Dr.Mehmood-ur-Rehman 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 in S.P.No.30-L-1991. 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. Filed in Supreme Court
Sh.P.No.18/L/1990

Rahm Din

Vs.

Government of Pakistan etc.

Recovery of interest in respect of Banking Companies Recovery of Loan Ordinance being repugnant to injunctions of Islam. Disposed of as withdrawn vide Court’s order date 3.2.1991 Appeal not filed
Sh.P.No.19/I/1990

Dr.Mehmood-ur-

Rahman Faisal

Vs.

Secretary M/O Justice

Fiscal laws on the touchstone of the injunctions of Holy Quran and Sunnah. Allowed to the extent stated in the detailed judgment in S.P.No.30-L-1991. 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.

Filed in Supreme Court
Sh.P.No.19/L/1990

Syed Ali Raza Asad Abdi

Vs.

Mst. Benazir Bhutto

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. Dismissed being out of jurisdiction in limine on 28.8.1991. Appeal not filed
Sh.P.No.20/I/1990

Dr. Mehmood-ur-Rehman 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 in S.P.No.30-L-1991. 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.

Filed in Supreme Court
Sh.P.No.20/L/1990

Saleem Akhtar

Vs.

Federation of Pakistan

Interest Act, 1839 challenged being repugnant to injunctions of Islam. Petition returned to petitioner being incompetent on 12.12.1990. Appeal not filed
Sh.P.No.21/I/1990

Dr. Mehmood-ur-Rehman 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 in S.P.No.30-L-1991. 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.

Filed in Supreme Court
Sh.P.No.21/L/1990

Syed Musharaf Alam etc

Vs.

Habib Bank Limited

L/W

S.P.No.14–I/1990

L/W

S.P.No.16–I/1990

L/W

S.P.No.17–I/1990

L/W

S.P.No.17-C–I/1990

L/W

S.P.No.18–I/1990

L/W

S.P.No.19–I/1990

L/W

S.P.No.20–I/1990

L/W

S.P.No.31–I/1990

L/W

S.P.No.68–I/1990

L/W

S.P.No.72–I/1990

L/W

S.P.No.73–I/1990

L/W

S.P.No.08–L/1990

L/W

S.P.No.12–L/1990

L/W

S.P.No.13–L/1990

L/W

S.P.No.17–L/1990

L/W

S.P.No.21–L/1990

L/W

S.P.No.27–L/1990

L/W

S.P.No.66–L/1990

L/W

S.P.No.04–K/1990

L/W

S.P.No.07–K/1990

L/W

S.Moto.No.01-I/1991

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S.P.No.03–I/1991

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S.P.No.04–I/1991

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S.P.No.16–I/1991

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S.P.No.16-A/I/1991

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S.P.No.16/B–I/1991

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S.P.No.16-C/I/1991

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S.P.No.17/B/I/1991

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S.P.No.26–I/1991

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S.P.No.27–I/1991

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S.P.No.28–I/1991

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S.P.No.30–I/1991

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S.P.No.31–I/1991

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S.P.No.35–I/1991

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S.P.No.42–I/1991

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S.P.No.43–I/1991

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S.P.No.44–I/1991

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S.P.No.46–I/1991

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S.P.No.47–I/1991

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S.P.No.48–I/1991

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S.P.No.50–I/1991

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S.P.No.52–I/1991

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S.P.No.56–I/1991

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S.P.No.58–I/1991

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S.P.No.64–I/1991

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S.P.No.65–I/1991

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S.P.No.68–I/1991

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S.P.No.69–I/1991

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S.P.No.73–I/1991

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S.P.No.74–I/1991

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S.P.No.79–I/1991

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S.P.No.95–I/1991

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S.P.No.01–L/1991

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S.P.No.13–L/1991

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S.P.No.17–L/1991

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S.P.No.18–L/1991

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S.P.No.21–L/1991

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S.P.No.22–L/1991

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S.P.No.24–L/1991

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S.P.No.25–L/1991

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S.P.No.26–L/1991

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S.P.No.27–L/1991

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S.P.No.29–L/1991

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S.P.No.36–L/1991

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S.P.No.101–L/1991

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S.P.No.102–L/1991

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S.P.No.01–K/1991

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 The Hon’ble 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.

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, Bank’s 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 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 there under are repugnant to injunctions of Islam and will cease to have effect as on and from 1st July, 1992.

Appeal filed in the Hon’ble Supreme Court of Pakistan that upheld the judgment of this Court but remanded the case to this Court on a review jurisdiction.
Sh.P.No.22/I/1990

Dr.Mehmood-ur-Rehman Faisal

Vs.

Secretary, M/o Justice, etc.

Challenged section 74 of the Land Revenue Act, 1967. Dismissed on 20.2.1992 without any force Appeal has not filed.
S.P.No.22–L/1991

Rana Zahoor Ahmed Khan

Vs.

The State

Recovery of interest in respect of Banking Companies (Recovery of Loans) Ord. challenged being repugnant to injunctions of Islam. Petition dismissed on dated 10-2-1991 However, petitioner was set at liberty to file fresh petition. Appeal not filed
Sh.P.No.23/I/1990

Dr. Mehmood-ur-Rehman Faisal

Vs

Secretary, M/o Law & Justice etc

 

 

 

 

 

Linked with

 

 

 

 

S.S.M. 1/I/1992

Section 3 of Wealth Tax Act, 1963. (Relating recovery of Wealth Tax).

Section 31-B of Wealth Tax 1963.

Dismissed.

Accordingly to report of Mr. 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-

Appeal has not filed.
Sh.P.No.23/L/1990

Saeed Ahmed

Vs.

President of Pakistan

Unspecified provisions of Election Laws challenged being repugnant to injunctions of Islam. Dismissed as withdrawn on dated 3-2-1991. Appeal not filed
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 Hon’ble Court may kindly be declared above section of law being repugnant to injunctions of Islam. Dismissed being not repugnant to the injunctions of Islam on 24.3.1991. Appeal not filed
Sh.P.No.25/I/1990

Dr. Mehmood-ur- Rehman Faisal

Vs

Secretary, M/o Law & Justice etc

Challenged Section 18(1) (2) of the Custom Act, 1969. 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 has not filed.
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

S.P.No.59-I-1991

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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

 

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. Allowed on 14.11.1991 to the extent as stated in the judgment. The court has been pleased to direct that necessary deletions and amendments be made in sections 4(2), 21(2), 24(11-19), 24(20) and 30(1)© by 30.6.1992 so as to bring them in conformity with the Injunctions of Islam as laid down in the Holy Quran and Sunnah. Filed in the Supreme Court
S.P.No.26/I/1990

Dr. Mehmood-ur-Rehman Faisal Vs. Secretary M/o Justice etc.

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S.P.No.07-L/1990

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S.P.No.06-L/1990

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S.P.No.30-L/1990

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S.P.No.06-I/1990

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S.P.No.42-I/1990

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S.P.No.06-L/1991

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S.P.No.11-L/1991

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S.P.No.12-L/1991

Fiscal laws on the touchstone of the Injunctions of Holy Quran and Sunnah. Disposed of on 27.5.1991 having not pressed. The petitioner requests for two week’s time to file fresh application. He will, however, be at liberty to file fresh petition as and when likes. Appeal has not filed.
Sh.P.No.26/L/1990

Rana Muhammad Shabbir Ahmed Khan

Vs.

Province of Punjab

Section 2, 13, 24, 30, 31 & 34 of Punjab Preemption 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 Preemption Act, 1991 were declared repugnant to the injunctions of Islam vide Court’s judgment dated 30.5.1991. Appeal filed in the Hon’ble Supreme Court
Sh.P.No.27/I/1990

Dr. Mehmood-ur- Rehman Faisal

Vs

Secretary, M/o Law & Justice etc

Section 3(1) Sale Tax Act, 1951 being repugnant to 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.

Appeal has not filed.
S.P.No.27/L/1990

Muhammad Naeem Virk

Vs.

Govt. of Pakistan & others

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 Dismissed as withdrawn on 3.2.1991 Appeal not filed
Sh.P.No.28/I/1990

Dr.Mehmood-ur-Rehman Faisal

Vs.

Secretary, M/o Justice etc.

Fiscal Laws on the touchstone of the Injunctions of Holy Quran and Sunnah. 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. Appeal filed in the Hon’ble Supreme Court
Sh.P.No.28/L/1990

Muhammad Naeem Virk etc.

Vs.

Govt. of Pakistan etc.

Section 6 section 25-A, subsection (3)(4) of Payment of Wages Act, 1936 challenged being repugnant to injunctions of Islam Dismissed as withdrawn on 3.2.1991. Appeal not filed
S.P.No.29/I/1990

Dr.Muhammad Aslam Khaki

Vs.

Federation of Pakistan through Ministry of Justice Islamabad and 5 others

Challenged section 259(1) of ADBP Ordinance IV 1961. Dismissed as withdrawn on 22.4.1992 to file a fresh petition after studying the provisions of ADBP Act and Rules made there under. Appeal has not filed.
Sh.P.No.29/L/1990

Mst. Bilqees Akhtar Vs.

Fed: of Pakistan

Muslim Personal Law, Inheritance Law. Dismissed having not jurisdiction 3.2.1991 Appeal not filed
Sh.P No.30/I/1990

Dr. Mehmood-ur-Rehman Faisal

Vs.

Secretary Law Ministry of Law Justice & Parliamentary Affairs Govt. of Pakistan etc.

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S.P No.07-K/1990

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S.P No.27-L/1990

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S.P No.13-L/1990

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S.P No.21-L/1991

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S.P No.66-L/1991

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S.P No.17-B-I/1991

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S.P No.101-L/1991

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S.P No.73-I/1991

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 The Hon’ble 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.

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, Bank’s 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 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.

Appeal filed in the Hon’ble Supreme Court of Pakistan, that upheld the judgment of this Court but remanded the case to this Court on a review jurisdiction.
S.P.No.30/L/1990

Muhammad Idrees Vs.

Govt. of Punjab

Section 36 of Punjab Preemption 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.06-L/1990 whereby appeal was allowed and section 2(a),6(2),12,13(3),22, 29 & 35(2) of Punjab Preemption Act, 1991 were declared repugnant to the injunctions of Islam vide Court’s judgment dated 30.5.1991 Appeal filed in the Hon’ble Supreme Court
S.P.No.31/I/1990

Dr. Mehmood-ur Rahman Faisal

Vs.

Secretary Ministry of Justice Govt: of Pakistan etc

Challenged Govt: Savings Banks Act 1873, Section 10 as repugnant to the injunctions of Islam. Appeal has not filed.
S.P.No.31/L/1990

Muhammad Munir Vs.

Province of Punjab

L/W

Sh. Suo Moto No.6-I/1991

L/W

Sh. Suo Moto No.7-I/1991

L/W

Sh. Suo Moto No.8-I/1991

L/W

Sh. Suo Moto No.9-I/1991

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. All petitions were dismissed being not repugnant to the injunctions of Islam on 22.4.2009. Appeal not filed
S.P.No.32/I/1990

Dr.Mehmood ur Rehman

Vs.

Secty; Ministry of Justice 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 Allowed on 14.11.1991 to the extent as stated in the judgment. The court has been pleased to direct that necessary deletions and amendments be made in sections 4(2), 21(2), 24(11-19), 24(20) and 30(1)© by 30.6.1992 so as to bring them in conformity with the Injunctions of Islam as laid down in the Holy Quran and Sunnah Appeal has not filed.
S.P.No.32/L/1990

S. Abdul Hameed

Vs.

House Building Finance Corporation.

Recovery of interest in respect of Banking Companies Recovery of Loan Ordinance challenged being repugnant to injunctions of Islam. Dismissed being incompetent on 16.6.1991. Appeal not filed
S.P.No.33/I/1990

M.S Kashmir Fabrics

Vs.

M.S Habib Bank Limited

Challenged Interest on Loan taken by the petitioner from the Habib Bank. Dismissed on 2.6.1991 as withdrawn as the petitioner has not challenged any provision of law. Appeal has not filed.
S.P.No.33/L/1990

Farooq Ahmed Maneka

Vs.

President of Pakistan

Section 38 of Ord. IV of 1961 and Rule 17 of ADBP Rules, 1961 challenged being repugnant to injunctions of Islam. The judgment on the same subject matter has already been passed in Sh.P.No.30-I/1990 on 14.11.1991 vide PLD 1992 page 1. Appeal not filed
Sh.P.No.34/L/1990

Mst. Noor Bakht

Vs.

House Building Finance Corp.

Interest Act, 1939, section 24 Sub-Section (6), (8) of Act, XVIII of 1952. Recovery of interest     challenged being repugnant to injunctions of Islam. Dismissed as withdrawn on 2.7.1991. Appeal not filed
S.P.No.35/I/1990

Allah Yar

Vs.

ADBP

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. Appeal has not filed.
Sh.P.No.35/L/1990

Muhammad Sadiq Vs.

National Industrial Corp. Ltd. etc.

Recovery of interest in respect of Banking Companies Recovery of Loan Ord. challenged being repugnant to injunctions of Islam. Dismissed as withdrawn on 10.2.1991. Appeal not filed
S.P.No.36/I/1990

Rafique Mehmood Vs.

Govt: of Pakistan

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. Appeal has not filed.
S.P.No.36/L/1990

Syed Raza Sultan

Vs.

House Building Finance Corp. etc.

Recovery of interest in respect of Banking Companies Recovery of Loan Ordinance challenged being repugnant to injunctions of Islam. Dismissed being incompetent on 16.6.1991 Appeal not filed
S.P.No.37/I/1990

M.S Zahid Brothers Faisalabad

Vs.

MCB Limited

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 Appeal not filed
S.P.No.39/I/1990

Begum Nasim Akhtar

Vs.

HBFC

Challenged interest for personal grievance. Dismissed on 13.12.1990 as withdrawn Appeal not filed
S.P.No.40/I/1990

Afzal Javid

Vs.

Govt: of Pakistan

Challenged Zakat Ordinance, 1980 Dismissed in limine on dated 13-6-1991. Appeal not filed
S.P.No.41/I/1990

Niaz Hussain Lakhwara

Vs.

Govt: of Pakistan

Personal grievance Dismissed on 2.6.1991 as the has not challenged any provisions of law as repugnant to the injunctions of Islam Appeal not filed
S.P.No.42/I/1990

Ghulam Ahmad Awan Maibl

Vs.

Govt: of Punjab

Challenged Punjab Pre-emption Order 1990. 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 Qur’an and 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 pre-emption 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 Qur’an and Sunnah of the Holy Prophet(SAW) Filed in Supreme Court
S.P.No.43/I/1990

Mrs.Razia Begum Vs.

HBFC

Personal grievance Dismissed on 2.6.1991 as the has not challenged any provisions of law as repugnant to the injunctions of Islam Appeal has not filed.
S.P.No.44/I/1990

Saeed Shaukat Qureshi

Vs.

Govt: of Pakistan

Challenged Fiscal Laws Dismissed as withdrawn on 11.12.1990 as the petitioners intend to be challenged a fresh petition specifying the provisions of law. Appeal has not filed.
S.P.No.46/I/1990

Mukhtarul Jalil

Vs.

Federal Government

Challenged President’s Order 3 of 1982 regarding Foreign Currency Loans (rate of exchange 1982 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 Filed in Supreme Court
S.P.No.47/I/1990

Sultan Mehmood

Vs.
United Bank

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. Appeal has not filed.
S.P.No.48/I/1990

Muhammad Ayub Vs.

Govt: of Pakistan

Discrimination between the Urban and Cantonment Property Tax Act. Dismissed in limine on 16.12.1991 as the petitioner has not challenged any provision of law Appeal has not filed.
S.P.No.49/I/1990

Saeed Shaukat Qureshi

Vs.

Government of Pakistan

Recovery of Banking Interest personal grievance. Disposed of on dated 11-12-1990. Appeal has not filed.
S.P.No.50/I/1990

Abdul Sattar Khan Vs.

Chairman ADBP etc

Challenged provisions of ADBP Ordinance No. IV of 1961 Withdrawn on 9.12.1990 to file fresh petition specifying the impugned sections and rules of the relevant law Appeal has not filed.
S.P.No.51/I/1990

Siraj Soap Factory Vs.

NBP of Pakistan

Personal grievance. 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 Appeal has not filed.
S.P.No.52/I/1990

Muhammad Bashir Vs.

Govt. of Punjab

The Punjab Urban Immovable Property Tax Act,1958. 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. Appeal has not filed.
S.P.No.53/I/1990

Muhammad Safdar Vs.

Govt: of Pakistan

Personal grievance Dismissed on 9.12.1990 as this court is not impowered to give such a relief. Appeal has not filed.
S.P.No.54/I/1990

Muhammad Manzoor Mian

Vs.

Govt: of Pakistan

Linked with

S.P.No.46-I-1990

 

Challenged President’s Order 3 of 1982 regarding Foreign Currency Loans (rate of exchange 1982) 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 Filed in the Supreme Court and dismissed on dated 28-4-2009
S.P.No.55/I/1990

Rasheed Ahmad Nadvi

Vs.

The President of Pakistan etc

Challenged Martial Law of 1977, Referendum of 1985, 8th amendment and various Ordinances issued by the Late Gen: Muhammad Ziaul Haq Withdrawn on 6.1.1991 for want of jurisdiction Appeal has not filed.
S.P.No.56/I/1990

Habib-ul-Wahab-ul Khairy

Vs.

Federation of Pakistan

Challenged sections 2, 3 (4), 4,5(2) and 6 of the Holders of representative Officers (prevention of misconduct) Act ,1976 Dismissed as anfractuous in so far as the repealed Act 1976 is concerned on dated 22-4-1992 Appeal has not filed.
S.P.No.57/I/1990

Syed Manzoor Shah Vs.

Govt: of Pakistan

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 Dismissed in limine on 22.5.1991 for want of jurisdiction Appeal has not filed.
S.P.No.58/I/1990

Noor Muhammad Vs.

Govt: of Pakistan

Personal grievance Dismissed on 9.12.1990 as this court is not empowered to give such a relief Appeal has not filed.
S.P.No.59/I/1990

Asghar Ali

Vs.

Govt: of Pakistan

Challenged Article 227 of the Constitution on the ground that it is not comprehensive and is thus repugnant to the injunctions of Islam. Dismissed in limine on 13.1.1991 for want of jurisdiction Appeal has not filed.
S.P.No.61/I/1990

Muhammad Mushtaq

Vs.

NBP of Pakistan

Personal grievance. Dismissed on 11.12.1990 as this court is not empowered to give such a relief Appeal has not filed.
S.P.No.62/I/1990

Mst.Faizn Abbas

Vs.

Govt: of Pakistan

Personal grievance. Dismissed on 13.12.1990 for want of jurisdiction Appeal has not filed.
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

 

Discrimination between Old Pensioners and new pensioners. 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. Filed in Supreme Court and Allowed on dated 9-1-2004.
S.P.No.64/I/1990

Rafique Ahmad

Vs.

Govt. of Pakistan.

Personal grievance Dismissed on 13.12.1990 for want of jurisdiction Appeal has not filed.
S.P.No.64/L/1990

Fazal Wahab

Vs.

Govt. of Pakistan

Personal grievance Dismissed as withdrawn on 9.12.1990. Appeal has not filed.
S.P.No.65/I/1990

Fazal Wahab Vs.

Govt. of Pakistan

Personal grievance Dismissed as withdrawn on 9.12.1990. Appeal has not filed.
S.P.No.66/I/1990

Asghar Ali

Vs.

Govt. of Pakistan

Challenged provision of Constitution Dismissed in limine on 13.1.1991 for want of jurisdiction. Appeal has not filed.
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

Discrimination between Old Pensioners and new pensioners 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. Filed in Supreme Court
S.P.No.68/I/1990

Shehzada Abdul Hadi

Vs.

Secretary M/o Justice Islamabad etc.

Challenged sub-rule (1) and (2) of Rule 17 of the A.D.B.P Rules,1961 Riba/interest case. Allowed and disposed of on 14.11.1991, reasons recorded in the detailed judgment in S.P.No.30-I-1990 and others. Filed in the S.C
S.P.No.69/I/1990

Mst.Fatima Bibi

Vs.

President of Pakistan etc.

Personal grievance Withdrawn on 13.12.1990 to file fresh petition. Appeal has not filed.
S.P.No.70/I/1990

Asghar Ali Vs.

Govt. of Pakistan

To declare any provision of the Constitution as being repugnant to the Injunctions of Islam. Dismissed on 13.12.1990   for want of jurisdiction Appeal has not filed.
S.P.No.73/I/1990

Mian Saleem-ud-Din etc. Vs.

Federation of Pakistan etc.

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 Allowed and disposed of on 14.11.1991, reasons recorded in the detailed judgment in S.P.No.30-I-1990 and others (Riba/Interest case Filed in the S.C
S.P.No.74/I/1990

Qudsia Begum Vs. Govt. of Pakistan

Personal grievance Dismissed on 15.12.1991, as the petitioner has not challenged any provision of law. Appeal has not filed.
S.P.No.75/I/1990

Malik Muhammad Usman Vs.

Govt: of Pakistan

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 in limine on 24.2.1991, as the petitioner has not challenged any provision of law. Filed in the Supreme Court of Pakistan.
1991
S.P.No.1/I/1991

Mst.Akhtar Begum & another

Vs.

Secretary M/O Law etc

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 the impugned paras are not found repugnant to the Injunctions of Islam as contained in the Holy Quran and Sunnah of the Holy Prophet (PBUH) Appeal has not filed.
S.P.No.01/L/1991

Ch. Ejaz Ahmed

Vs.

Province of Punjab

Cooperative Societies Rule, 1927 challenged being repugnant to injunctions of Islam. Judgment reserved on 24.10.1991 but 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. The appeal linked with other connected matters in the same subject matter has already been filed in the Hon’ble Supreme Court
S. Review P.No.1/I/1991

Gul Muhammad Hajano

Vs.

Federation of Pakistan

Linkedwith

 

S.P.No.1/K/1991

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

Challenged provision of Sindh Service Tribunal Act, 1973 and Rule 2 of the Service Tribunal (Qualification of Members) Rules, 1974

Dismissed for non-prosecution on 11.5.2007 at Karachi

Dismissed on 21.5.1991

Appeal has not filed.
S.P.No.01/K/1991

Niazuddin Pir Bux Allah Wala

Vs.

Fed: of Pakistan etc.

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 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. Appeal on the same subject matter was filed in the Hon’ble Supreme Court of Pakistan, that upheld the judgment of this Court but remanded the case to this Court on a review jurisdiction.
Sh.P.No.2/I/1991

Haji Muhammad Saifullah Khan

Vs.

Federal Government

Challenged Articles 203(c) and 203-C (5) of the Constitution of Islamic Republic of Pakistan. Dismissed on 20.2.1992, for want of jurisdiction. Appeal has not filed.
Sh.P.No.02/L/1991

Dr. Syed Asad Gilani Vs.

Government of Pakistan

Section 24 of Land Acquisition Act, 1894 challenged being repugnant to injunctions of Islam. The same order as in S.S No.4-I/1991 dated 24.10.1991. However the detailed judgment is not available in the file Appeal not filed
Sh.P.No.2/K/1991

Muhammad Shafi Muhammadi

Vs.

Federation of Pakistan and another

Challenged in its own way, the specific provisions of the Qanun-e-Shahadat 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 ta’zir will be illegal. Appeal has not filed.
Sh.P.No.3/I/1991

Haji Muhammad Saifullah Khan

Vs.

Federation of Pakistan

Challenged Section 3, 13(4), 18, 19, first schedule and second schedule of the Zakat and Usher Ordinance, 1980 on the ground that they are repugnant to the Injunctions of Islam. Dismissed on 5.3.1992, this Court is not possessed of the jurisdiction with regard to Muslim personal law, the collection and distribution of Zakat being one of its branches, the petition is hand is not maintainable. Appeal has not filed.
S.Ref.No.3/I/1991

Muhammad Moosa Soomro

Vs.

S.O.(Judicial) and Muhammad Kasim Lashari, A.D.M)

Challenged varies provisions of the West Pakistan Vagrancy Ord: 1958 and rules made there under have been as repugnant to the Injunctions of Islam. Reference is answered in the negative on 8.12.1991. Appeal has not filed.
Sh.P.No.03/L/1991

Muhammad Ramzan

Vs.

Federal Government of Pakistan

No law challenged but personal grievance challenged being repugnant to injunctions of Islam Dismissed on 10.2.1991 having not jurisdiction. Appeal not filed
Sh.P.No.03/K/1991

Muhammad Akhtar Vs.

Govt. of Punjab etc.

Law pertaining to Nikah, Rukhsati & khula challenged being repugnant to injunctions of Islam. Petition dismissed in limine on 8.12.1991 being not maintainable. Appeal not filed
Sh.P.No.4/I/1991

Prof. Muhammad Razaq Malik

Vs.

Government of Pakistan

Challenged the procedure of registration of FIR/Complaint with police U/S 307 PPC as they are repugnant to the Injunctions of Islam Withdrawn on 24.3.1991, as the petitioner wants to file fresh petition according to law. Appeal has not filed.
Sh.P.No.04/L/1991

Rehmat Ali etc.

Vs.

ADBP etc.

Recovery of interest in respect of Banking Companies (Recovery of Loans) Ordinance challenged being repugnant to injunctions of Islam Dismissed as withdrawn on 03-2-1991. Appeal not filed
Sh.P.No.04/K/1991

Javed Mazhar

Vs.

Fed: of Pakistan etc.

Interest Act, 1839, section 34, 34(a)(b) CPC challenged being repugnant to injunctions of Islam Judgment reserved on 30.5.1991 but 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 filed in the Hon’ble Supreme Court of Pakistan.
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

Challenged Sections 5(2), 5 and 10 of the President’s (Post-Proclamation) Order No.16 of 1977 is repugnant to the Injunctions of Islam.

Challenged Sections 4(2) complete and 4(a) of President’s (Post-Proclamation) Order No.17 of 1977 is repugnant to the Injunctions of Islam.

Disposed of infructuous on 26.10.2000 as repealed. Appeal has not filed.
S.P.No.6/I/1991

Habib-ul-Wahab 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

Challenged Sections 4(2) complete and 4(a) of President’s (Post-Proclamation) Order No.17 of 1977 is repugnant to the Injunctions of Islam. Disposed of infructuous on 26.10.2000 as repealed. Appeal has not filed.
S.P.No.05/L/1991

Ali Ahmed Wasiq

Vs.

Govt. of Punjab

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 Hon’ble Court did not find any merit in this petition vide order dated 12.2.1992 Appeal not filed
S.P.No.05/K/1991

Qazi Abdul Hameed Siddiqi

Vs.

Federation of Pakistan

Paragraph C of Proviso 1 of article 9 of the Establishment of Wafaqi Muhtasib Order, 1983 challenged being repugnant to injunctions of Islam. Dismissed in limine on 24.4.1991 with observation that the Court did not find any repugnancy in the law against the injunction of Islam. Appeal not filed
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

Section 30 Punjab Preemption Ordinance, XXVI, 1990 being repugnant to injunctions of Islam. Appeal allowed. Section 2(a),6(2),12,13(3),22, 29 & 35(2) of Punjab Preemption Act, 1991 were declared repugnant to the injunctions of Islam vide Court’s judgment dated 30.5.1991. Appeal filed in the Hon’ble Supreme Court and dismissed on dated 6-10-2004.
Sh.P.No.06/K/1991

Mashriq Employees Union Karachi

Vs.

Islamic Republic of Pakistan

Certain allegations regarding misappropriation of G.P Fund and gratuity and also privatization of newspapers challenged being repugnant to injunctions of Islam Dismissed being incompetent on 9.2.1992. Appeal not filed
Sh.P.No.7/I/1991

Habib-ul-Wahab-ul-Khairi

Vs.

Federation of Pakistan

Linked with

Sh.P.No.8/I/1991

Linked with

Sh.P.No.3/I/1990

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. 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 8-6-1991. Filed in the Supreme Court of Pakistan and dismissed for non-prosecution on dated 6-5-2009.
Sh.P.No.7/L/1991

Rana Muhammad Sharif etc

Vs.

Federation of Pakistan etc

Linked with

Sh.P.No.07/K/1991

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 Allowed on 14.11.1991 to the extent as stated in the judgment. The court has been pleased to direct that necessary deletions and amendments be made in sections 4(2), 21(2), 24(11-19), 24(20) and 30(1)(c) by 30.6.1992 so as to bring them in conformity with the Injunctions of Islam as laid down in the Holy Quran and Sunnah
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 Returned in original on 9-10-1991. Appeal has not filed.
S.P.No.8/I/1991

Habib-ul-Wahab ul Khairi

Vs.

Federation of Pakistan

Challenged Section 10(4) of Pakistan Criminal law Amendment Act, 1958. different provisions of Cr.P.C. 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 8-6-1991. Filed in the Supreme Court of Pakistan and dismissed for non-prosecution on dated 6-5-2009.
Sh.P.No.08/L/1991

M.S Farooq Brothers & others

Vs.

U.B.L & others

Recovery of interest in respect of Banking Companies (Recovery of Loans) Ordinance challenged being repugnant to injunctions of Islam. Disposed of on 10.2.1991. Appeal not filed
Sh.P.No.08/K/1991

Nazir S.Bhatti

Vs.

Federation of Pakistan

Section 4 of Prohibition (Enforcement of Hadd) Order, 1979 & Rules challenged being repugnant to injunctions of Islam Dismissed in limine on 9-6-1992. Appeal filed
Sh.P.No.9/I/1991

Sawab Khan etc

Vs.

Ayub Khan etc

Personal grievance (dispute of property). Dismissed on 24.3.1991 for want of jurisdiction. Appeal has not filed.
Sh.P.No.09/L/1991

Muhammad Sharif Vs.

Secretary Education Punjab

Admission Policy of Colleges challenged being repugnant to injunctions of Islam. Dismissed having no force and being misconceived vide judgment dated 28.8.1991. Appeal not filed
Sh.P.No.09/K/1991

Lal Bakhsh Jamali etc.

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. Appeal not filed
Sh.P.No.10/I/1991

Qari Muhammad Ashraf Tauhidi

Vs.

The State

Degree of District Judge Attock dissolving the marriage of Mst. Khanam Jan. Dismissed on 24.3.1991 for want of jurisdiction. Appeal has not filed.
Sh.P.No.10/L/1991

M.C.B Ltd

Vs.

M.S Saqib Brothers etc.

Personal grievance challenged. Dismissed in limini on 3.6.1991 Appeal not filed
S.P.No.10/K/1991

Shaukat Ali Sahoo etc.

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. Appeal not filed
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. 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. Appeal has not filed.
Sh.P.No.11/L/1991

Ch. Saeed Ahmed

Vs.

Government of Pakistan

Section 2(a) of Punjab Preemption Ordinance, 1990 challenged being repugnant to injunctions of Islam. The judgment in the above subject matter has already been passed in S.P.No.06-L/1990 Islam vide Court’s judgment dated 30.5.1991. Appeal filed in the Hon’ble Supreme Court
S.P.No.11/K/1991

Muhammad Ali

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. Appeal not filed
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 Pre-emption Act, 1987. 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. Filed in the Supreme Court of Pakistan and dismissed as withdrawn on dated 22-2-1993
S.P.No.12/L/1991

Mian Sher Alam

Vs.

Govt. of Punjab etc.

Punjab Preemption Ord., 1990 challenged being repugnant to injunctions of Islam The judgment in the above subject matter has already been passed in S.P.No.06-L/1990 Islam vide Court’s judgment dated 30.5.1991 Appeal filed in the Hon’ble Supreme Court
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 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. Appeal not filed
S.P.No.13/I/1991

Mst. Karam Nooran Vs.

Govt. of Pakistan

Section 4 of Muslim Family Law Ord. 1961 challenged being repugnant to injunctions of Islam Dismissed having no jurisdiction on 24.3.1991 as the matter relate to Muslim Family Law Ord. 1961. Appeal not filed
Sh.P.No.13/L/1991

Rahm Din

Vs.

Federal Govt. of Pakistan

Rule 17 of ADBP Rules, 1961 regarding recovery of interest challenged being repugnant to injunctions of Islam Judgment reserved on 2.7.1991 but detailed judgment is not placed in the field. 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. The appeal linked with other connected matters in the same subject matter has already been filed in the Hon’ble Supreme Court
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. 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. Appeal not filed
S.P.No.14/I/1991

Syed Hazrat Saeed Vs.

Captain Abdul Rashid etc.

Article 141,142 & 144 and section 148 of Limitation Act, 1908 challenged being repugnant to injunctions of Islam. In view of the judgments reported in SCMR 1991 page 2063 & PLD 1992 S.C page 225, petition disposed of as withdrawn on 16.1.1994 Appeal not filed
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

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. Allowed on 14.11.1991 to the extent as stated in the judgment. The court has been pleased to direct that necessary deletions and amendments be made in sections 4(2), 21(2), 24(11-19), 24(20) and 30(1)© by 30.6.1992 so as to bring them in conformity with the Injunctions of Islam as laid down in the Holy Quran and Sunnah Appeal has not filed.
S.P.No.14/K/1991

Ghulam Ali alias Sadoro

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. Appeal not filed
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 repugnant to injunctions of Islam. In view of the judgments reported in SCMR 1991 page 2063 & PLD 1992 S.C page 225, petition disposed of as withdrawn on 4.9.2007. Appeal not filed
Sh.P.No.15/L/1991

Pak Cables Rubber Industries

Vs.

M.C.P Ltd.

Recovery of interest in respect of Banking Companies (Recovery of Loans) Ord. challenged being repugnant to injunctions of Islam Dismissed being incompetent vide order dated 16.6.1991. Appeal not filed
S.P.No.15/K/1991

Karim Bux

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. Appeal not filed
Sh.P.No.16/L/1991

Noor Muhammad Vs.

Usman etc.

Section 3 of Limitation Act, 1908 challenged being repugnant to injunctions of Islam. 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. Appeal not filed
Sh.P.No.16/I/1991

Allied Paper Industry etc. Karachi

Vs.

National Bank of Pakistan etc.

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 Judgment reserved on 15.10.1991 but detailed judgment is not placed in the field. However, the judgment in the same subject matter has already been passed in S.P.No.30-I/1990 on 14.11.1991. Appeal filed in the Hon’ble Supreme Court of Pakistan that upheld the judgment of this Court but remanded the case to this Court on a review jurisdiction.
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 Judgment reserved on 15.10.1991 but detailed judgment is not placed in the field. However, the judgment in the same subject matter has already been passed in S.P.No.30-I/1990 on 14.11.1991 Appeal filed in the Hon’ble Supreme Court of Pakistan, that upheld the judgment of this Court but remanded the case to this Court on a review jurisdiction.
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 repugnant to injunctions of Islam Judgment reserved on 15.10.1991 but detailed judgment is not placed in the field. However, the judgment in the same subject matter has already been passed in S.P.No.30-I/1990 on 14.11.1991 Appeal filed in the Hon’ble Supreme Court of Pakistan, that upheld the judgment of this Court but remanded the case to this Court on a review jurisdiction.
S.P.No.16–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 Judgment reserved on 15.10.1991 but detailed judgment is not placed in the field. However, the judgment in the same subject matter has already been passed in S.P.No.30-I/1990 on 14.11.1991 Appeal filed in the Hon’ble Supreme Court of Pakistan, that upheld the judgment of this Court but remanded the case to this Court on a review jurisdiction.
S.P.No.16/K/1991

Syed Hussain Shah 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. Appeal not filed
Sh.P.No.17//L/1991

M/S Kamran Ice Factory

Vs.

President of Pakistan

Banking Companies (Recovery of Loans) Ordinance, 1979 regarding recovery o interest being repugnant to injunctions of Islam. Judgment reserved on 9.6.1991. The detailed judgment is not placed in file. 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
S.P.No.17/I/1991

Allied Paper Industry etc. Karachi

Vs.

National Bank of Pakistan etc.

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 Judgment reserved on 15.10.1991 but detailed judgment is not placed in the field. However, the judgment in the same subject matter has already been passed in S.P.No.30-I/1990 on 14.11.1991 Appeal filed in the Hon’ble Supreme Court of Pakistan, that upheld the judgment of this Court but remanded the case to this Court on a review jurisdiction.
S.P.No.17-A/I/1991

Allied Paper Industry etc. Karachi

Vs.

National Bank of Pakistan etc.

Negotiable Instrument Act, 1881 regarding recovery of interest challenged being repugnant to injunctions of Islam Judgment reserved on 15.10.1991 but detailed judgment is not placed in the field. However, the judgment in the same subject matter has already been passed in S.P.No.30-I/1990 on 14.11.1991 Appeal filed in the Hon’ble Supreme Court of Pakistan, that upheld the judgment of this Court but remanded the case to this Court on a review jurisdiction.
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 Judgment reserved on 15.10.1991 but detailed judgment is not placed in the field. However, the judgment in the same subject matter has already been passed in S.P.No.30-I/1990 on 14.11.1991 Appeal filed in the Hon’ble Supreme Court of Pakistan, that upheld the judgment of this Court but remanded the case to this Court on a review jurisdiction.
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. Judgment reserved on 15.10.1991 but detailed judgment is not placed in the field. However, the judgment in the same subject matter has already been passed in S.P.No.30-I/1990 on 14.11.1991 Appeal filed in the Hon’ble Supreme Court of Pakistan, that upheld the judgment of this Court but remanded the case to this Court on a review jurisdiction.
S.P.No.17/K/1991

Haji Allah Dino

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. Appeal not filed
S.P.No.18/I/1991

I.A Sherwani

Vs.

Secretary Ministry of Finance

Linked with

S.P.No.63/I/1990

Linked with

S.P.No.67/I/1990

Linked with

S.P.No.24/I/1991

Discrimination between Old Pensioners and new pensioners 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. Filed in Supreme Court
Sh.P.No.18/L/1991

Muhammad Iqbal Zahid

Vs.

President of Pakistan

Section 8(2) of Banking (Recovery of Loans) Ord. 1979, State Bank of Pakistan Act, 1956, Rule 17 of ADBP Rules, 1961, section 79 & 80 of Negotiable Instrument Act, 1981 & section 34 CPC challenged being repugnant to injunctions of Islam Judgment reserved on 3.7.1991. The detailed judgment is not placed in file. 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
S.P.No.18/K/1991

Sher Muhammad 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. Appeal not filed
Sh.P.No.19/I/1991

Nawazish Ali Zaidi Vs.

Govt. of Pakistan

Interest Act, 1839 regarding recovery of interest challenged being repugnant to injunctions of Islam. Detailed judgment on the same subject has already been passed in S.P.No.30/I/1990 on 14.11.1991 vide PLD 1992 page 1. Appeal in same subject matter was filed in the Hon’ble Supreme Court of Pakistan that upheld the judgment of this Court but remanded the case to this Court on a review jurisdiction.
S.P.No.19/L/1991

Muhammad Saleem Vs.

Fed: of Pakistan

Recovery of interest in respect of Banking Companies (Recovery of Loans) Ord. challenged being repugnant to injunctions of Islam Dismissed for non-prosecution on 16.9.1991 Appeal not filed
Sh.P.No.19/K/1991

Ghulam Umar

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. Appeal not filed
Sh.P.No.20/I/1991

Farman Ali Shah

Vs.

ADBP

Rule 17 (1) of ADBP Rules, 1961 regarding recovery of interest challenged being repugnant to injunctions of Islam. 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
Sh.P.No.20/L/1991

Muhammad Sharif Vs.

Fed: of Pakistan

Recovery of interest in respect of Banking Companies (Recovery of Loans) Ord. challenged being repugnant to injunctions of Islam Dismissed as no provision of law has been specified in the petition vide order dated 16.6.1991. Appeal not filed
Sh.P.No.20/K/1991

Hafiz Abdul Salam 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. Appeal not filed
S.P.No.21/I/1991

Imtiaz Ali

Vs.

Muhammad Shaukat Manager ADBP

Personal grievance relating to interest on loan challenged being repugnant to injunctions of Islam. Dismissed in limine being not maintainable and out of jurisdiction on 4.6.1991 Appeal not filed
S.P.No.21/L/1991

M/k Imtrak Traders Vs.

Fed: of Pakistan

Recovery of interest in respect of Banking Companies (Recovery of Loans) Ord. challenged being repugnant to injunctions of Islam. 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. The appeal linked with other connected matters in the same subject matter has already been filed in the Hon’ble Supreme Court
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. Appeal not filed
S.P.No.22/I/1991

Captain (Retd) Mukhtar Ahmed Sheikh

Vs.

Govt. of Pakistan

Sections 169 and 249(a) of Cr.P.C of the Criminal procedural Court of 1898 Challenged being repugnant to injunctions of Islam. 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. Appeal not filed
S.P.No.22/L/1991

Sheikh Abdul Majeed etc.
Vs.

ADBP etc.

Recovery of Bank interest being repugnant to the injunctions of Islam. 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. Appeal has not filed.
S.P.No.22/K/1991

Suhrab

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. Appeal not filed
S.P.No.23/I/1991

M.Ghulam Muhammad

Vs.

Custodian Evacuee Trust Property Punjab

Complaint against fraud in respect of property inherited to him from his brother. Dismissed in limine being out of jurisdiction on 4.6.1991. Appeal not filed
Sh.P.No.23/L/1991

Muhammad Mushtaq Shah

Vs.

District Manager HBFS

Section 6,8,24 of HBFC Act, 1979 and Recovery of Bank interest being repugnant to the injunctions of Islam. Dismissed as withdrawn on 2.7.1991 Appeal not filed
S.P.No.23/K/1991

Bakhshal Khan etc. 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. Appeal not filed
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 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. Filed in Supreme Court
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 Judgment reserved on 02.7.1991. 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. The appeal linked with other connected matters in the same subject matter has already been filed in the Hon’ble Supreme Court
S.P.No.24/K/1991

Muhammad Khan etc.

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. Appeal not filed
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 Judgment reserved on 02.7.1991. 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. The appeal linked with other connected matters in the same subject matter has already been filed in the Hon’ble Supreme Court
S.P.No.25/K/1991

Arbab Ali etc.

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. Appeal not filed
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 Detailed judgment the same subject has already been passed in S.P.No.30-I/1990 on 14.11.1991 vide PLD 1992 page 1. Appeal in same subject matter was filed in the Hon’ble Supreme Court of Pakistan, that upheld the judgment of this Court but remanded the case to this Court on a review jurisdiction.
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. Detailed the judgment in the same subject has already been passed in S.P.No.30-I/1990 on 14.11.1991 vide PLD 1992 page 1. The appeal linked with other connected matters in the same subject matter has already been filed in the Hon’ble Supreme Court
S.P.No.26/K/1991

Muhammad Khan 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. Appeal not filed
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 Detailed judgment the same subject has already been passed in S.P.No.30-I/1990 on 14.11.1991 vide PLD 1992 page 1. Appeal in same subject matter was filed in the Hon’ble Supreme Court of Pakistan, that upheld the judgment of this Court but remanded the case to this Court on a review jurisdiction.
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. The appeal linked with other connected matters in the same subject matter has already been filed in the Hon’ble Supreme Court
S.P.No.27/K/1991

Arshad Ali etc.

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. Appeal not filed
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 Detailed judgment on the same subject has already been passed in S.P.No.30-I/1990 on 14.11.1991 vide PLD 1992 page 1. Appeal in same subject matter was filed in the Hon’ble Supreme Court of Pakistan, that upheld the judgment of this Court but remanded the case to this Court on a review jurisdiction.
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.30-I/1990 on 14.11.1991 vide PLD 1992 page 1. The appeal linked with other connected matters in the same subject matter has already been filed in the Hon’ble Supreme Court
S.P.No.28–K/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 Dismissed in limine on 9.2.1992 with observation 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. Appeal not filed
Sh.P.No.29/I/1991

Nadeem-ul-Islam & others

Vs.

ADBP

Rule 17 of ADBP Rules, 1961 challenged being repugnant to injunctions of Islam. Dismissed on 16.6.1991 being incompetent as the Federation of Pakistan has not been impleaded as a party. Appeal not filed
Sh.P.No.29/L/1991

Faiz Ahmed etc.

Vs.

H.B.L

Section 8(2) Banking Companies (Recovery of Loans) Ord., 1979, challenged being repugnant to 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. The appeal linked with other connected matters in the same subject matter has already been filed in the Hon’ble Supreme Court
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. Detailed on judgment the same subject has already been passed in S.P.No.30-I/1990 on 14.11.1991 vide PLD 1992 page 1. Appeal in same subject matter was filed in the Hon’ble Supreme Court of Pakistan that upheld the judgment of this Court but remanded the case to this Court on a review jurisdiction.
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 Detailed judgment on the same subject has already been passed in S.P.No.30-I/1990 on 14.11.1991 vide PLD 1992 page 1. Appeal in same subject matter was filed in the Hon’ble Supreme Court of Pakistan, that upheld the judgment of this Court but remanded the case to this Court on a review jurisdiction.
S.P.No.31/L/1991

Ch: Sharif Ahmed Vs.

The State etc.

Banking Recovery Act, 1979 regarding charge of interest challenged being repugnant to injunctions of Islam Detailed 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. Appeal has not filed.
Sh.P.No.32/I/1991

Faiz Ahmed etc.

Vs.

Habib Bank Ltd. etc.

Interest Act, 1838 regarding recovery of interest challenged being repugnant to injunctions of Islam Detailed judgment on the same subject has already been passed in S.P.No.30-I/1990 on 14.11.1991 vide PLD 1992 page 1. Appeal in same subject matter was filed in the Hon’ble Supreme Court of Pakistan, that upheld the judgment of this Court but remanded the case to this Court on a review jurisdiction.
S.P.No.32/L/1991

Muhammad Amin Wattoo

Vs.

UBL etc.

Section 8(a) of Banking Companies (Recovery of Loans) Ord. 1979 challenged being repugnant to injunctions of Islam Disposed of on 9.6.1991 as same order in S.P No.14-I/1990. Appeal not filed
Sh.P.No.33/I/1991

Faiz Ahmed etc.

Vs.

Habib Bank Ltd. etc.

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.30-I/1990 on 14.11.1991 vide PLD 1992 page 1. Appeal in same subject matter was filed in the Hon’ble Supreme Court of Pakistan, that upheld the judgment of this Court but remanded the case to this Court on a review jurisdiction.
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 Detailed judgment on the same subject has already been passed in S.P.No.30-I/1990 on 14.11.1991 vide PLD 1992 page 1. The appeal linked with other connected matters in the same subject matter has already been filed in the Hon’ble Supreme Court
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. Appeal not filed
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 Detailed judgment on the same subject has already been passed in S.P.No.30-I/1990 on 14.11.1991 vide PLD 1992 page 1. The appeal linked with other connected matters in the same subject matter has already been filed in the Hon’ble Supreme Court
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 Detailed judgment on the same subject has already been passed in S.P.No.30-I/1990 on 14.11.1991 vide PLD 1992 page 1. Appeal in same subject matter was filed in the Hon’ble Supreme Court of Pakistan, that upheld the judgment of this Court but remanded the case to this Court on a review jurisdiction.
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. Dismissed on 16.6.1991 being incompetent Appeal not filed
Sh.P.No.36/I/1991

Syed Musharaf Alam etc.

Vs.

H.B.L etc.

Section 8(2)(a) of Banking Companies (Recovery of Loans) Ord. 1979 regarding recovery of interest challenged being repugnant to injunctions of Islam. Disposed of on 8.12.1991 as 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
Sh.P.No.36/L/1991

Lal Din

Vs.

ADBP etc.

Section 25 of ADBP 1961 Rules 17 regarding recovery of interest challenged being repugnant to injunctions of Islam Detailed judgment on the same subject has already been passed in S.P.No.30-I/1990 on 14.11.1991 vide PLD 1992 page 1. The appeal linked with other connected matters in the same subject matter has already been filed in the Hon’ble Supreme Court
Sh.P.No.37/I/1991

Syed Musharaf Alam etc.

Vs.

H.B.L etc.

Section 34 of CPC regarding recovery of interest challenged being repugnant to injunctions of Islam. Dismissed on 16.6.1991 being incompetent as the Federation of Pakistan has not been impleaded as a party. Appeal not filed
Sh.P.No.37/L/1991

Haji Rana Muhammad Shabbir Ahmed Khan

Vs.

Governement of Pakistan

Sections 2(9),13,24,27, 28,29,30 & 34 of Punjab Preemption Act, 1991 Dismissed being infructuous vide order dated 17.10.1991 Appeal not filed
Sh.P.No.38/I/1991

Syed Nazir Ali Shah etc.

Vs.

C.D.A

Linked with

 

S.S.M.No.142/1982

Section 2(k) of CDA Ordinance, 1960 regarding actuation of private land without assessing market value challenged being repugnant to injunctions of Islam. Allowed on 23.2.1992. The Hon’ble 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. Appeal filed in the Hon’ble Supreme Court of Pakistan and dismissing as not pressed dated 6-10-2004.
Sh.P.No.38/L/1991

Muhammad Tariq etc.

Vs.

Govt. of Punjab

National Industrial Cooperative Societies Act and the laws relating to recovery of interest being repugnant to injunctions of Islam. Disposed of as withdrawn vide order dated 4.6.1991. Appeal not filed
Sh.P.No.39/I/1991

Amir Alam Nutkani Vs.

Govt. of Pakistan

Rule 17 of ADBP Rules, 1961 regarding recovery of interest regarding recovery of interest challenged being repugnant to injunctions of Islam. Detailed judgment on the same subject has already been passed in S.P.No.30-I/1990 on 14.11.1991 vide PLD 1992 page 1. Appeal in same subject matter was filed in the Hon’ble Supreme Court of Pakistan that upheld the judgment of this Court but remanded the case to this Court on a review jurisdiction.
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. Detailed judgment on the same subject has already been passed in S.P.No.30-I/1990 on 14.11.1991 vide PLD 1992 page 1. The appeal linked with other connected matters in the same subject matter has already been filed in the Hon’ble Supreme Court
S.P.No.40/I/1991

Dr. Mehmood-ur-Rehman Faisal

Vs.

Federation of Pakistan 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. Dismissed being incompetent / infructuous as the ordinance in question has already been repealed vide Order dated 6.6.2007. Appeal not filed
Sh.P.No.40/L/1991

Naymat Ali

Vs.

HBFC etc.

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 as withdrawn on 2.7.1991. Appeal not filed
Sh.P.No.41/I/1991

Raja Muhammad Afsar Khan

Vs.

Federation 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. On the account of the death of the petitioner this petition has been abated vide Court order 4.12.1995. Appeal not filed
Sh.P.No.41/L/1991

Noor Ahmed

Vs.

Federal Govt. of Pakistan

Section 25 of ADBP 1961 Rules 17 regarding recovery of interest challenged being repugnant to injunctions of Islam. Judgment reserved on 03.7.1991. 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. The appeal liked with other connected matters in the same subject matter has already been filed in the Hon’ble Supreme Court
Sh.P.No.42/I/1991

Muhammad Hashim

Vs.

National Bank of Pakistan etc.

Section 79, 80 of Negotiable Instrument Act, section 34, 34(a) of CPC challenged being repugnant to injunctions of Islam. Detailed judgment on the same subject has already been passed in S.P.No.30-I/1990 on 14.11.1991 vide PLD 1992 page 1. Appeal not filed
Sh.P.No.42/L/1991

Malik Munir Ahmed Vs.

Fed: of Pakistan etc.

Section 8(2) of the Banking Companies (Recovery of Loans) Ord., 1979 challenged being repugnant to injunctions of Islam. Detailed judgment on the same subject has already been passed in S.P.No.30-I/1990 on 14.11.1991 vide PLD 1992 page 1. The appeal liked with other connected matters in the same subject matter has already been filed in the Hon’ble Supreme Court
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 Detailed judgment on the same subject has already been passed in S.P.No.30-I/1990 on 14.11.1991 vide PLD 1992 page 1. Appeal in same subject matter was filed in the Hon’ble Supreme Court of Pakistan, that upheld the judgment of this Court but remanded the case to this Court on a review jurisdiction.
Sh.P.No.43/L/1991

Bashir Ahmed

Vs.

M.C.B

No provision of law specifically challenged being repugnant to injunctions of Islam. Dismissed being incompetent vide order 16.6.1991. Appeal not filed
S.P.No.44/I/1991

Mazhar Jan

Vs.

Federal Govt. of Pakistan and other

Rule 17 of ADBP Rules 1961 regarding recovery of interest challenged being repugnant to injunctions of Islam Detailed judgment on the same subject has already been passed in S.P.No.30-I/1990 on 14.11.1991 vide PLD 1992 page 1. Appeal in same subject matter was filed in the Hon’ble Supreme Court of Pakistan that upheld the judgment of this Court but remanded the case to this Court on a review jurisdiction.
Sh.P.No.44/L/1991

Fazal Muhammad etc.

Vs.

Punjab Provincial Cooperative Bank Ltd etc.

No provision of law has specifically been challenged being repugnant to injunctions of Islam. Dismissed being incompetent vide order dated 16.6.1991. Appeal not filed
Sh.P.No.45/I/1991

Muhammad Hashim

Vs.

National Bank of Pakistan etc.

Section 34, 34(a)(b) of CPC challenged being repugnant to injunctions of Islam. Detailed judgment on the same subject has already been passed in S.P.No.30-I/1990 on 14.11.1991 vide PLD 1992 page 1. Appeal not filed
Sh.P.No.45/L/1991

Khudadad

Vs.

Punjab Provincial Cooperative Bank Ltd etc.

No provision of law has specifically been challenged being repugnant to injunctions of Islam. Dismissed being incompetent vide order dated 16.6.1991 Appeal not filed
S.P.No.46/I/1991

Nadeem-ul-Islam & others

Vs.

Fed: of Pakistan

Rule 17 of ADBP Rules 1961 regarding recovery of interest challenged being repugnant to injunctions of Islam Detailed judgment on the same subject has already been passed in S.P.No.30-I/1990 on 14.11.1991 vide PLD 1992 page 1. Appeal in same subject matter was filed in the Hon’ble Supreme Court of Pakistan that upheld the judgment of this Court but remanded the case to this Court on a review jurisdiction.
Sh.P.No.46/L/1991

Fateh Muhammad Vs.

Govt. of Pakistan

Banking Companies (Recovery of Loans) Ord., regarding recovery of interest 1979 challenged being repugnant to injunctions of Islam Detailed 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 appeal linked with other connected matters in the same subject matter has already been filed in the Hon’ble Supreme Court
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 Detailed judgment on the same subject has already been passed in S.P.No.30-I/1990 on 14.11.1991 vide PLD 1992 page 1. Appeal in same subject matter was filed in the Hon’ble Supreme Court of Pakistan, that upheld the judgment of this Court but remanded the case to this Court on a review jurisdiction.
Sh.P.No.47/L/1991

Mst. Noor Bakhat Vs.

HBFC etc.

Section 10 of XXVII, HBFC Act, 1956 regarding recovery of interest challenged being repugnant to injunctions of Islam. Dismissed as withdrawn on 2.7.1991. Appeal not filed
Sh.P.No.48/I/1991

Zafar Hayat Khan Bosal

Vs.

ADBP M. Bahauddin

Rule 17 of ADBP Rules 1961 regarding recovery of interest challenged being repugnant to injunctions of Islam. Detailed judgment on the same subject has already been passed in S.P.No.30-I/1990 on 14.11.1991 vide PLD 1992 page 1. Appeal in same subject matter was filed in the Hon’ble Supreme Court of Pakistan, that upheld the judgment of this Court but remanded the case to this Court on a review jurisdiction.
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. Detailed judgment on the same subject has already been passed in S.P.No.30-I/1990 on 14.11.1991 vide PLD 1992 page 1. The appeal linked with other connected matters in the same subject matter has already been filed in the Hon’ble Supreme Court
Sh.P.No.49/I/1991

Razia Begum

Vs.

Govt. of Pakistan & Quaid-e-Azam University

Rule No.7(1) of Notification No.(RM-96) 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. Dismissed on 19.5.1992 with observation that the petition misconceived and not maintainable as well as the law in question does not come in conflict with the injunctions of Islam. Appeal not filed
Sh.P.No.49/L/1991

M/S Haji & sons

Vs.

UBL Ltd. etc

Section 8(2) of Banking Companies (Recovery of Loans) Ord. 1979 challenged being repugnant to injunctions of Islam. Detailed judgment on the same subject has already been passed in S.P.No.30-I/1990 on 14.11.1991 vide PLD 1992 page 1. Appeal not filed
Sh.P.No.50/I/1991

Karamatullah Sheikh

Vs.

Fed: of Pakistan

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 same subject has already been passed in S.P.No.30-I/1990 on 14.11.1991 vide PLD 1992 page 1. Appeal in same subject matter was filed in the Hon’ble Supreme Court of Pakistan, that upheld the judgment of this Court but remanded the case to this Court on a review jurisdiction.
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

S.P.No.100-L-1991

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. Detailed judgment on the same subject has already been passed in S.P.No.30-I/1990 on 14.11.1991 vide PLD 1992 page 1. Appeal in same subject matter was filed in the Hon’ble Supreme Court of Pakistan, that upheld the judgment of this Court but remanded the case to this Court on a review jurisdiction.
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.30-I/1990 on 14.11.1991 vide PLD 1992 page 1. Appeal in same subject matter was filed in the Hon’ble Supreme Court of Pakistan, that upheld the judgment of this Court but remanded the case to this Court on a review jurisdiction.
Sh.P.No.51/L/1991

Muhammad Rafiq Vs.

Federal Govt. of Pakistan

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 Dismissed for want of jurisdiction vide order dated 25.8.1991 Appeal not filed
Sh.P.No.52/I/1991

Ch: Irshad Ahmed Vs.

Fed: of Pakistan

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. Dismissed having no repugnancy to the injunctions of Islam on 11.5.1992. Appeal filed in the Hon’ble Supreme Court of Pakistan and Appeal has Allowed on dated 24-2-1993.
Sh.P.No.52/L/1991

Hashmat

Vs.

ADBP Ltd.

Section 25 of Banking Company Ord., 1962 regarding recovery of interest challenged being repugnant to injunctions of Islam. The Hon’ble Court has already considered the said 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. Appeal not filed
Sh.P.No.53/I/1991

Ch: Irshad Ahmed Vs.

Fed: of Pakistan

Rule 16(3) of the Revised Leave Rules, 1980 which provided that an officer of BPS 21 and 22 proceeding on leave, preparatory to retirement, which is in the leave account, on fully pay till the date on which he completes 60th years of his age whichever is earlier challenged being repugnant to injunctions of Islam. Dismissed in default for non-prosecution on 23.10.2008. Appeal not filed
Sh.P.No.53/L/1991

M. Jan Muhammad Vs.

Govt. of Punjab

Section 2(a) of Punjab Preemption Act, 1991 challenged being repugnant to injunctions of Islam. Petition dismissed as similar decision of Full Bench of this Court on several provision of Punjab Preemption Act, 1991 including section 2(a) was announced on 30.5.1991. This decision was also published in PLD 1991 FSC 80 (July part). Appeal not filed
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 injunctions of Islam Detailed judgment on the same subject has already been passed in S.P.No.30-I/1990 on 14.11.1991 vide PLD 1992 page 1. Appeal in same subject matter was filed in the Hon’ble Supreme Court of Pakistan that upheld the judgment of this Court but remanded the case to this Court on a review jurisdiction.
Sh.P.No.54/L/1991

Muhammad Naeem Virk

Vs.

Govt. of Pakistan etc.

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. The Petition was dismissed as Hon’ble Court did not find in the impugned being repugnant to the injunctions of Islam vide order dated 12.2.1992. Appeal not filed
Sh.P.No.55/I/1991

Dr. Mehmood-ur-Rehman Faisal

Vs.

Federal Govt. of Pakistan

Finance Act No. XII of 1991 regarding transaction/ involvement of interest in Banks challenged being repugnant to injunctions of Islam. Petition was dismissed in limine on 10.2.1992   as was not properly filed. Appeal not filed
Sh.P.No.55/L/1991

Muhammad Naeem Virk

Vs.

Govt. of Pakistan etc.

Sections 2(6) of Employees Old Age Benefit Act, 1976 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. Appeal not filed
Sh.P.No.56/I/1991

M/S Kashmir Fabrics

Vs.

Federal Govt. of Pakistan

Interest Act, 1839 regarding recovery of interest challenged being repugnant to injunctions of Islam. Detailed judgment on the same subject has already been passed in S.P.No.30-I/1990 on 14.11.1991 vide PLD 1992 page 1. Appeal in same subject matter was filed in the Hon’ble Supreme Court of Pakistan that upheld the judgment of this Court but remanded the case to this Court on a review jurisdiction.
Sh.P.No.56/L/1991

Muhammad Naeem Virk

Vs.

Govt. of Pakistan etc.

Section 2(vi), section 6 & 7(2) (I) of the Payment of Wages Act, 1936. Dismissed.

The Hon’ble Court has observed that this section of the Act as well did not appear to be repugnant to injunctions of Islam vide Court’s order dated 12.2.1992.

Appeal not filed
Sh.P.No.57/I/1991

M/S Kashmir Fabrics

Vs.

Federal Govt. of Pakistan

34 Order 37 Rule 2 of C.P.C regarding recovery of interest challenged being repugnant to injunctions of Islam. Detailed judgment on the same subject has already been passed in S.P.No.30-I/1990 on 14.11.1991 vide PLD 1992 page 1. Appeal has not filed.
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. The Hon’ble Court has observed that there is nothing to be considered repugnant to injunctions of Islam. Dismissed in limine vide Court’s order dated 12.2.1992. Appeal not filed
Sh.P.No.58/I/1991

M/S Saqib Brothers through Haji Sheikh Karamat Ali

Vs.

Federation of Pakistan

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. Detailed judgment on the same subject has already been passed in S.P.No.30-I/1990 on 14.11.1991 vide PLD 1992 page 1. Appeal in same subject matter was filed in the Hon’ble Supreme Court of Pakistan that upheld the judgment of this Court but remanded the case to this Court on a review jurisdiction.
Sh.P.No.58/L/1991

Muhammad Naeem Virk

Vs.

Govt. 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. The petition was returned and petitioner was directed to file a fresh petition defining the words ‘Workers or Labour’ vide Court’s order dated 7.8.1991 Appeal not filed
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

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. Allowed on 14.11.1991 to the extent as stated in the judgment. The court has been pleased to direct that necessary deletions and amendments be made in sections 4(2), 21(2), 24(11-19), 24(20) and 30(1)© by 30.6.1992 so as to bring them in conformity with the Injunctions of Islam as laid down in the Holy Quran and Sunnah Appeal has not filed.
Sh.P.No.59/L/1991

Muhammad Naeem Virk

Vs.

Government of Pakistan etc.

Section 2(viii),3,7(2)(6) (d),25(a), 35(3) and 38 of the Industrial Relations Ord., 1969 challenged being repugnant to injunctions of Islam. The Hon’ble Court held that there appears nothing against the injunctions of Islam in the provisions. Dismissed in limine vide Court’s order dated 12.2.1992 Appeal not filed
Sh.P.No.60/I/1991

Habib Wahab-ul-Khairi

Vs.

Federation of Pakistan

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. Partially allowed to the extent that the phrase to the annoyance of others occurring in section 294 PPC is repugnant to injunction of Islam vide judgment dated 7.5.1992 Appeal not filed
Sh.P.No.60/L/1991

Muhammad Akram Virk

Vs.

President of Pakistan etc.

ADBP Rule 17 of Rules of 1961 regarding recovery of interest challenged being repugnant to injunctions of Islam 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. The appeal linked with other connected matters in the same subject matter has already been filed in the Hon’ble Supreme Court
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

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. Dismissed on merit as observed by Hon’ble Court 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 Appeal not field
Sh.P.No.61/L/1991

Muhammad Khan Vs.

ADBP etc.

Recovery of loan interest challenged being repugnant to injunctions of Islam. Petition returned to petitioner and he was asked to file a fresh petition specifying the provisions of law vide order dated 11.7.1991 Appeal not filed
Sh.P.No.62/I/1991

Dr. Abdul Malik Irfani

Vs.

Fed: of Pakistan

Section 5 to 8 of Law Report Act, 1875 r/w Law Report Amendment Act, 1989 challenged being repugnant to injunctions of Islam. 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. Appeal filed in the Hon’ble Supreme Court of Pakistan and pending.
Sh.P.No.62/L/1991

Nawab Masroor Ali Khan

Vs.

ADBP etc.

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. Detailed judgment on the same subject has already been passed in S.P.No.30-I/1990 on 14.11.1991 vide PLD 1992 page 1. The appeal linked with other connected matters in the same subject matter has already been filed in the Hon’ble Supreme Court
Sh.P.No.63/I/1991

Muhammad Karim Khan

Vs.

Federal Govt. of Pakistan

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. Dismissed on 13.2.1992 for want of jurisdiction. Appeal not filed
Sh.P.No.63/L/1991

Maqbool Ahmed Qureshi

Vs.

Govt. of Pakistan

Section 12 and 20 of the Punjab Local Govt. 1979 challenge being repugnant to injunctions of Islam. The petition was misconceived and finding no substance therein dismissed in limine vide order dated 18.8.1991 Appeal filed in the Hon’ble Supreme Court Dismissed dt.15.2.1993
Sh.P.No.64/I/1991

Muhammad Mukhtar Ahmed Farani Vs. Govt. of Sindh etc.

Sindh Money Lenders Ord. 1960 regarding charging interest challenged being repugnant to injunctions of Islam. Detailed judgment on the same subject has already been passed in S.P.No.30-I/1990 on 14.11.1991 vide PLD 1992 page 1. Appeal in same subject matter was filed in the Hon’ble Supreme Court of Pakistan, that upheld the judgment of this Court but remanded the case to this Court on a review jurisdiction.
Sh.P.No.64/L/1991

Maqbool Elahi Qureshi

Vs.

Islamic Republic of Pakistan

Prime Minister secretariat’s Notification No.PAC 10-13/90 dated 5.6.1991, Public No.IS(IMP) PMDIR-164-91, PAC No.15.5.1991 dated 4.6.1991, Relating to Privileging of recommending the telephone connection by Federal Ministers/MNAs/Senetors, etc challenged being repugnant to injunctions of Islam. The petition was dismissed in limine as no provision of law has been pointed out vide Court’s order dated 16.12.1991. Appeal filed in the Hon’ble Supreme Court

Dismissed dt.2.6.1998.

Sh.P.No.65/I/1991

Mukhtar Ahmed Farani

Vs.

Govt. of Baluchistan

Section 3(2) (5) & 20 of Baluchistan Money Lenders Ord. 1960 regarding charging interest challenged being repugnant to injunctions of Islam. Detailed judgment on the same subject has already been passed in S.P.No.30-I/1990 on 14.11.1991 vide PLD 1992 page 1. Appeal in same subject matter was filed in the Hon’ble Supreme Court of Pakistan, that upheld the judgment of this Court but remanded the case to this Court on a review jurisdiction.
Sh.P.No.65/L/1991

Maqbool Ahmed Qureshi

Vs.

Islamic Republic of Pakistan

Section 99 of Representation of Peoples Act, 1976 challenged being repugnant to injunctions of Islam. Dismissed as withdrawn on 18.8.1991. Appeal not filed
S.P.No.66/I/1991

Mukhtar Ahmed Farani

Vs.

Govt. of NWFP

Section 3(2)(5) & 20 of NWFP Money Lenders Ord. 1960 regarding charging interest challenged being repugnant to injunctions of Islam. Detailed judgment on the same subject has already been passed in S.P.No.30-I/1990 on 14.11.1991 vide PLD 1992 page 1. Appeal in same subject matter was filed in the Hon’ble Supreme Court of Pakistan, that upheld the judgment of this Court but remanded the case to this Court on a review jurisdiction.
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

Detailed judgment on the same subject has already been passed in S.P.No.30-I/1990 on 14.11.1991 vide PLD 1992 page 1. The appeal linked with other connected matters in the same subject matter has already been filed in the Hon’ble Supreme Court
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 Detailed judgment on the same subject has already been passed in S.P.No.30-I/1990 on 14.11.1991 vide PLD 1992 page 1. Appeal in same subject matter was filed in the Hon’ble Supreme Court of Pakistan, that upheld the judgment of this Court but remanded the case to this Court on a review jurisdiction.
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 Detailed judgment on the same subject has already been passed in S.P.No.30-I/1990 on 14.11.1991 vide PLD 1992 page 1. The appeal linked with other connected matters in the same subject matter has already been filed in the Hon’ble Supreme Court
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 Detailed judgment on the same subject has already been passed in S.P.No.30-I/1990 on 14.11.1991 vide PLD 1992 page 1. Appeal in same subject matter was filed in the Hon’ble Supreme Court of Pakistan, that upheld the judgment of this Court but remanded the case to this Court on a review jurisdiction.
S.P.No.68/L/1991

Naveed Asif

Vs.

A.B.L Ltd

Interest Act, 1939 regarding recovery of interest challenged being repugnant to injunctions of Islam Detailed judgment on the same subject has already been passed in S.P.No.30-I/1990 on 14.11.1991 vide PLD 1992 page 1. The appeal linked with other connected matters in the same subject matter has already been filed in the Hon’ble Supreme Court
S.P.No.69/I/1991

Mehmood Arshad Khan

Vs.

Govt. of Pakistan etc.

Rule 17 of ADBP Rule, 1961 regarding recovery of interest challenged being repugnant to injunctions of Islam. Detailed judgment on the same subject has already been passed in S.P.No.30-I/1990 on 14.11.1991 vide PLD 1992 page 1. Appeal in same subject matter was filed in the Hon’ble Supreme Court of Pakistan, that upheld the judgment of this Court but remanded the case to this Court on a review jurisdiction.
S.P.No.69/L/1991

Naveed Asif

Vs.

A.B.L Ltd

Section 78 and 80 of Negotiable Instrument Act, 1881 regarding recovery of interest challenged being repugnant to injunctions of Islam. Detailed judgment on the same subject has already been passed in S.P.No.30-I/1990 on 14.11.1991 vide PLD 1992 page 1. The appeal linked with other connected matters in the same subject matter has already been filed in the Hon’ble Supreme Court
S.P.No.70/I/1991

Muzaffar Ali Qureshi

Vs.

HBFC etc.

Section 24(8) of HBFC Act, 1952 challenged being repugnant to injunctions of Islam. Dismissed being infructuous on 13.10.1991 as the relevant law has been amended in 1979. Appeal not filed
Sh.P.No.70/L/1991

M/S Alcos etc

Vs.

N.P.B

Section 79 & 80 of Negotiable Instrument Act, 1881 regarding recovery of interest challenged being repugnant to injunctions of Islam. Detailed judgment on the same subject has already been passed in S.P.No.30-I/1990 on 14.11.1991 vide PLD 1992 page 1. The appeal linked with other connected matters in the same subject matter has already been filed in the Hon’ble Supreme Court
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/C-4069-5018 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. Disposed of as withdrawn vide Court order dated 3.11.1991. Appeal not filed
Sh.P.No.71/L/1991

M/S Alcos etc

Vs.

N.B.P

Interest Act, 1839 regarding recovery of interest challenged being repugnant to injunctions of Islam. Detailed judgment on the same subject has already been passed in S.P.No.30-I/1990 on 14.11.1991 vide PLD 1992 page 1. The appeal linked with other connected matters in the same subject matter has already been filed in the Hon’ble Supreme Court
Sh.P.No.72/I/1991

Ch: Sarwar Hayat etc.

Vs.

Province of Punjab etc.

Circular 603-22-RCS dated 13.2.1979 & Circular RCS/B/C-4069-5018 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 Disposed of as withdrawn vide Court order dated 3.11.1991. Appeal not filed
S.P.No.72/L/1991

M/S Alcos etc

Vs.

N.B.P

Section 34, 34(a)(b) C.P.C regarding recovery of interest challenged being repugnant to injunctions of Islam Judgment reserved on 15.10.1991. 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. The appeal linked with other connected matters in the same subject matter has already been filed in the Hon’ble Supreme Court
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 Detailed judgment on the same subject has already been passed in S.P.No.30-I/1990 on 14.11.1991 vide PLD 1992 page 1. The appeal linked with other connected matters in the same subject matter has already been filed in the Hon’ble Supreme Court
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. Detailed judgment on the same subject has already been passed in S.P.No.30-I/1990 on 14.11.1991 vide PLD 1992 page 1. Appeal in same subject matter was filed in the Hon’ble Supreme Court of Pakistan, that upheld the judgment of this Court but remanded the case to this Court on a review jurisdiction.
S.P.No.74/L/1991

Naveed Asif

Vs.

A.B.L Ltd

Section 34, 34(a)(b) C.P.C regarding recovery of interest challenged being repugnant to injunctions of Islam. Detailed judgment on the same subject has already been passed in S.P.No.30-I/1990 on 14.11.1991 vide PLD 1992 page 1. The appeal linked with other connected matters in the same subject matter has already been filed in the Hon’ble Supreme Court
S.P.No.75/I/1991

Syed Afzal Haider Vs.

Federation of Pakistan

Section 13 of the Special Courts for Speedy Trial Ord. XXV, 1991 challenged being repugnant to injunctions of Islam. Disposed of as this petition has become infructuous on 26.10.2000. Appeal not filed
Sh.P.No.75/L/1991

Rao Muhammad Yasin Khan

Vs.

ADBP

Provision of the enforcement of Sharia Act, 1991 challenged being repugnant to injunctions of Islam Petition returned being incompetent vide Court order dated 17.7.1991 Appeal not filed
S.P.No.76/I/1991

Muhammad Shafi Muhammadi

Vs.

Fed: of Pakistan

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. Petition was dismissed in limine being not maintainable and challenging no provision of law vide Court order dated 20.4.1992. Appeal not filed
Sh.P.No.76/L/1991

Abdul Rashid etc. Vs.

UBL etc.

Section 8(2)(a) of the Banking Companies (Recovery of Loans) Ord. challenged being repugnant to injunctions of Islam. Detailed judgment on the same subject has already been passed in S.P.No.30-I/1990 on 14.11.1991 vide PLD 1992 page 1. Appeal not filed
Sh.P.No.77/I/1991

Gulzar Ahmed

Vs.

Province of Punjab

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.30-I/1990 on 14.11.1991 vide PLD 1992 page 1. Appeal has not the Hon’ble Supreme Court of Pakistan.
Sh.P.No.77/L/1991

Malik Muhammad Aslam

Vs.

District Manager HBFC etc.

No specific provision of HBFC, regarding recovery of interest, has been challenged being repugnant to injunctions of Islam. Petition returned to petitioner vide Court order dated 7.8.1991 Appeal not filed
Sh.P.No.78/I/1991

Gulzar Ahmed

Vs.

Province of Punjab

Rule 71(2) (m) (ee) of the Cooperative Societies Act, 1925 regarding recovery of interest challenged being repugnant to injunctions of Islam. Disposed of 22.6.1992 as 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 Filed the Hon’ble Supreme Court of Pakistan.
Sh.P.No.78/L/1991

Riaz Hussain etc.

Vs.

H.B.L Ltd etc.

Section 8 of the Banking Companies (Recovery of Loans) 1979 regarding recovery of interest challenged being repugnant to injunctions of Islam. Petition dismissed being non-maintainable on 17.12.1991. 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. Appeal is filed in Hon’ble Supreme Court of Pakistan
Sh.P.No.79/I/1991

Gulzar Ahmed

Vs.

Province of Punjab etc.

Circular No.623-82, Circular No. 603-22-RSC dated 13.2.1969, Circular No. RCS/B&C/4869-5018 dated 5.12.1977 regarding recovery of interest challenged being repugnant to injunctions of Islam. Disposed of 22.6.1992 as 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 is filed in Hon’ble Supreme Court of Pakistan
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. Detailed judgment on the same subject has already been passed in S.P.No.30-I/1990 on 14.11.1991 vide PLD 1992 page 1. The appeal linked with other connected matters in the same subject matter has already been filed in the Hon’ble Supreme Court
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

Section 23 of Cooperative Societies Act, 1925 regarding recovery of interest challenged being repugnant to injunctions of Islam. Disposed of dated 30-6-1992. Appeal not filed
Sh.P.No.80/L/1991

Talib Hussain

Vs.

Mercantile Cooperative Finance Corp. Ltd etc.

Shariah Act, 1991 challenged being repugnant to injunctions of Islam. Dismissed being incompetent vide Court order dated 12.12.1991. Appeal not filed
S.P.No.81/I/1991

Ch: Sarwar Hayat Vs.

Province of Punjab & others

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.30-I/1990 on 14.11.1991 vide PLD 1992 page 1. Appeal filed in the Hon’ble Supreme Court of Pakistan.
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. The appeal in the Hon’ble Supreme Court
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.

————-

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.

Appeal has not filed.
Sh.P.No.82/L/1991

Sohni

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. filed in the Hon’ble Supreme Court
Sh.P.No.83/I/1991

Ch: Sarwar Hayat Vs.

Province of Punjab & others

Section 71(2) (m)(e) of Cooperative Societies Act, 1925 regarding recovery of interest challenged being repugnant to injunctions of Islam. Disposed of 22.6.1992 as 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 filed in the Hon’ble Supreme Court of Pakistan.
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

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. Allowed on 14.11.1991 to the extent as stated in the judgment. The court has been pleased to direct that necessary deletions and amendments be made in sections 4(2), 21(2), 24(11-19), 24(20) and 30(1)© by 30.6.1992 so as to bring them in conformity with the Injunctions of Islam as laid down in the Holy Quran and Sunnah. Appeal has not filed.
S.P.No.84/I/1991

Ch: Sarwar Hayat Vs.

Province of Punjab etc.

Circular No.623-82, Circular No. 603-22-RSC dated 13.2.1969, Circular No. RCS/B&C/4869-5018 dated 5.12.1977 regarding recovery of interest challenged being repugnant to injunctions of Islam. Disposed of 22.6.1992 as 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 filed in the Hon’ble Supreme Court of Pakistan.
Sh.P.No.84/L/1991

Wali Muhammad

Vs.

Fed: of Pakistan

Section 4 of Muslim Family Law 1961 challenged being repugnant to injunctions of Islam. Dismissed having no jurisdiction vide order dated 28.8.1991. Appeal not filed
S.P.No.85/I/1991

Captain Abdul Ghafoor

Vs.

Federation of Pakistan

Section 14 of Offence of Qazf (Enforcement of Hadd) Ord. 1979 relating to Lian challenged being repugnant to injunctions of Islam. 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 sub-section (1) of section 14 that ‘in the absence of evidence of four eye-witnesses,’ the Court shall proceed to record the Li’an. Appeal not filed
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 challenged being repugnant to injunctions of Islam. Detailed judgment on the same subject has already been passed in S.P.No.30-I/1990 on 14.11.1991 vide PLD 1992 page 1. The appeal linked with other connected matters in the same subject matter has already been filed in the Hon’ble Supreme Court
S.P.No.86/I/1991

Dr. Mehmood-ur-Rehman 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. Disposed of on 5.12.2000 as same order was passed in S.P.No.5-I/1992 which says ‘an authoritative judgment on the subject has been delivered by the Hon’ble 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. Appeal not filed
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

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. Allowed on 14.11.1991 to the extent as stated in the judgment. The court has been pleased to direct that necessary deletions and amendments be made in sections 4(2), 21(2), 24(11-19), 24(20) and 30(1)© by 30.6.1992 so as to bring them in conformity with the Injunctions of Islam as laid down in the Holy Quran and Sunnah Appeal has not filed.
S.P.No.87/I/1991

Dr. Muhammad Asalm Khaki

Vs.

Federation 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 Pro-Chancellor) challenged being repugnant to injunctions of Islam Disposed of as withdrawn on 8.12.1997. Appeal not filed
S.P.No.88/I/1991

Qazi Muhammad Haroon

Vs.

Govt. of Pakistan

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
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. Judgment reserved on 15.10.1991. 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. Appeal not filed
S.P.No.90/L/1991

Mansoor Ellahi etc. Vs.

Govt. 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 Judgment reserved on 15.10.1991. 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. The appeal linked with other connected matters in the same subject matter has already been filed in the Hon’ble Supreme Court
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 Judgment reserved on 15.10.1991. 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. The appeal linked with other connected matters in the same subject matter has already been filed in the Hon’ble Supreme Court
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 16-12-1991. Appeal not filed
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 Judgment reserved on 15.10.1991. 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. The appeal linked with other connected matters in the same subject matter has already been filed in the Hon’ble Supreme Court
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

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 Allowed on 14.11.1991 to the extent as stated in the judgment. The court has been pleased to direct that necessary deletions and amendments be made in sections 4(2), 21(2), 24(11-19), 24(20) and 30(1)© by 30.6.1992 so as to bring them in conformity with the Injunctions of Islam as laid down in the Holy Quran and Sunnah. Appeal has not filed.
Review S.P.No.1/I/1992 in S.P.No.95/L/1991

Akbar Khan

Vs.

Public at Large etc.

Challenged section 13 of the Punjab Pre-emption Act No. IX of 1991 Dismissed being misconceived on 30.11.1993 Appeal has not filed.
Sh.P.No.96/L/1991

Muhammad Iqbal Vs.

The State etc.

Section 6 of Muslim Family Law 1961 challenged being repugnant to injunctions of Islam. Dismissed having no jurisdiction vide Court order 13.10.1991 Appeal not filed
Sh.P.No.97/L/1991

Muhammad Abdullah Alvi

Vs.

ADBP

ADBP Rules 1961 (Recovery of Interest on Loans) challenged being repugnant to injunctions of Islam. Dismissed being incompetent as petitioner raised grievance of his personal nature vide Court order dated 12.12.1991 Appeal not filed
Sh.P.No.98/L/1991

Bashir Ahmed

Vs.

U.B.L etc.

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. 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.30-I/1990 on 14.11.1991 vide PLD 1992 page 1. The appeal linked with other connected matters in the same subject matter has already been filed in the Hon’ble Supreme Court
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

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. Allowed on 14.11.1991 to the extent as stated in the judgment. The court has been pleased to direct that necessary deletions and amendments be made in sections 4(2), 21(2), 24(11-19), 24(20) and 30(1)© by 30.6.1992 so as to bring them in conformity with the Injunctions of Islam as laid down in the Holy Quran and Sunnah. Appeal has not filed.
Sh.P.No.101/L/

1991

S. Muhammad Din & sons Pvt. Ltd

Vs.

Federation of Pakistan

Section 8(2)(a) of Banking Company (Recovery of Loans) 1979 regarding recovery of interest challenged being repugnant to injunctions of Islam Judgment reserved on 24.10.1991. 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. The appeal linked with other connected matters in the same subject matter has already been filed in the Hon’ble Supreme Court
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 Judgment reserved on 24.10.1991. 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. The appeal linked with other connected matters in the same subject matter has already been filed in the Hon’ble Supreme Court
S.P.No.103/L/1991

Muhammad Siddique Chughtai Vs.

Govt. of Pakistan etc.

No specific provision of law has been challenged being repugnant to injunctions of Islam Dismissed being not maintainable as the Hon’ble 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 Appeal not filed
S.P.No.104/L/1991

M/S Mumtaz Industries

Vs.

Manager IDBP etc

Section 34,35 r/w section 37 Rule 2 of CPC relating to interest challenged being repugnant to injunctions of Islam Allowed, vide judgment dated 22.2.1992 in view of 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 appeal linked with other connected matters in the same subject matter has already been filed in the Hon’ble Supreme Court
S.P.No.105/L/1991

M/S Mumtaz Industries

Vs.

Fed: of Pakistan

Section 28 of Banking Companies (Recovery of Loan) Ord., 1979 regarding recovery of interest challenged being repugnant to injunctions of Islam 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.30-I/1990 on 14.11.1991 vide PLD 1992 page 1. The appeal linked with other connected matters in the same subject matter has already been filed in the Hon’ble Supreme Court
S.P.No.106/L/1991

Munir Hussain

Vs.

U.B.L etc.

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 Disposed of on 15.12.1991 in view of 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. Appeal has not filed.
S.P.No.107/L/1991

Muhammad Aslam Vs.

Province of Punjab etc.

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 Disposed of. Petition returned to petitioner as it was mentioning personal grievance vide letter dated 21.6.1992 issued by Senior Research Advisor F.S.C Appeal not filed
S.P.No.108/L/1991 Original petition returned to petitioner Appeal has not filed.
S.P.No.109/L/1991

Pak Cables Rubber Industry

Vs.

M.C.B Ltd. etc

Section 8 (2) of Banking Companies (Recovery of Loans) Ord., 1979 regarding recovery of interest challenged being repugnant to injunctions of Islam Disposed of on 12.12.1991 in view of judgment already passed in the same subject matter passed in S.P.No.30-I/1990 on 14.11.1991 vide PLD 1992 page 1. The appeal linked with other connected matters in the same subject matter has already been filed in the Hon’ble Supreme Court
S.P.No.111/L/1991

M/S National Machinery Store

Vs.

Fed: of Pakistan etc.

Section 8 (2) of Banking Companies (Recovery of Loans) Ord., 1979 regarding recovery of interest challenged being repugnant to injunctions of Islam. Disposed of on 12.12.1991 in view of 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 appeal linked with other connected matters in the same subject matter has already been filed in the Hon’ble Supreme Court
S.P.No.112/L/1991

M/S National Machinery Store

Vs.

Fed: of Pakistan etc.

Section 8 (2) of Banking Companies (Recovery of Loans) Ord., 1979 regarding recovery of interest challenged being repugnant to injunctions of Islam. Disposed of on 12.12.1991 in view of 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 appeal linked with other connected matters in the same subject matter has already been filed in the Hon’ble Supreme Court
S.P.No.113/L/1991

Sheikh Ishfaq Ahmed

Vs.

Fed: of Pakistan

Section 8 (2) of Banking Companies (Recovery of Loans) Ord., 1979 regarding recovery of interest challenged being repugnant to injunctions of Islam. Disposed of on 12.12.1991 in view of 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 appeal linked with other connected matters in the same subject matter has already been filed in the Hon’ble Supreme Court
S.P.No.114/L/1991

Din Muhammad etc. Vs.

ADBP etc.

ADBP Rules 1961, regarding recovery of interest regarding recovery of interest challenged being repugnant to injunctions of Islam. Disposed of on 04.10.1992 in view of judgment already passed in S.P.No.30-I/1990 on 14.11.1991 vide PLD 1992 page 1. The appeal linked with other connected matters in the same subject matter has already been filed in the Hon’ble Supreme Court
S.P.No.115/L/1991

Muhammad Madani Vs.

Fed: of Pakistan

Interest Act, 1839 regarding recovery of interest challenged being repugnant to injunctions of Islam. Disposed of on 17.12.1991 in view of judgment already passed in S.P.No.30-I/1990 on 14.11.1991 vide PLD 1992 page 1. The appeal linked with other connected matters in the same subject matter has already been filed in the Hon’ble Supreme Court
S.P.No.116/L/1991

Muhammad Amin etc.

Vs.

Fed: of Pakistan etc.

Interest Act, 1839 regarding recovery of interest challenged being repugnant to injunctions of Islam. Disposed of on 17.12.1991 in view of judgment already passed in S.P.No.30-I/1990 on 14.11.1991 vide PLD 1992 page 1. The appeal linked with other connected matters in the same subject matter has already been filed in the Hon’ble Supreme Court
S.P.No.117/L/1991

Saleem Akhtar

Vs.

Islamic Republic of Pakistan etc.

Interest Act, 1839 regarding recovery of interest challenged being repugnant to injunctions of Islam. Disposed of on 17.12.1991 in view of judgment already passed in S.P.No.30-I/1990 on 14.11.1991 vide PLD 1992 page 1. The appeal linked with other connected matters in the same subject matter has already been filed in the Hon’ble Supreme Court
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

Sub section (ii) of section 3, section 19 of Enforcement of Shariah Act, 1991, challenged being repugnant to injunctions of Islam. 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 Appeal filed in the Hon’ble Supreme Court of Pakistan.
S.P.No.119/L/1991

M/S Mumtaz Industries

Vs.

Fed: of Pakistan

Section 41 of IDBP 1961 challenged being repugnant to injunctions of Islam. Dismissed. The Hon’ble 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 Appeal not filed
S.P.No.120/L/1991

M/S Mumtaz Industries

Vs.

Fed: of Pakistan

Section 8 (2) of Banking Companies (Recovery of Loans) Ord., 1979 regarding recovery of interest challenged being repugnant to injunctions of Islam. Disposed of on 17.12.1991 in view of judgment already passed in S.P.No.30-I/1990 on 14.11.1991 vide PLD 1992 page 1. Appeal not filed
S.P.No.121/L/1991

M/S Mumtaz Industries

Vs.

A.B.L Ltd etc.

Section 8 (2) of Banking Companies (Recovery of Loans) Ord., 1979 challenged being repugnant to injunctions of Islam. Disposed of on 17.12.1991 in view of judgment already passed in S.P.No.30-I/1990 on 14.11.1991 vide PLD 1992 page 1. Appeal not filed
S.P.No.122/L/1991

Ghulam Haider

Vs.

Punjab Cooperative Bank etc.

Punjab Cooperative Societies and Cooperative Bank (Repayment of Loan) 1966 regarding recovery of interest challenged being repugnant to injunctions of Islam. Dismissed as withdrawn vide court order dated 13.2.1992 Appeal not filed
S.P.No.124/L/1991

Muhammad Afzal etc.

Vs.

Federal Govt. of Pakistan etc.

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. The petition is dismissed   in limine vide Court order dated 21.6.1992 as the Hon’ble Court has already examined the law under suo moto jurisdiction in 1983-84 Appeal filed in the Hon’ble Supreme Court of Pakistan.
                                 1992
Review S.P.No.1/I/1992 in S.P.No.95/L/1991

Akbar Khan

Vs.

Public at Large etc.

Challenged section 13 of the Punjab Pre-emption Act No. IX of 1991. Dismissed being misconceived on 30.11.1993 Appeal has not filed.
S.P.No.1/I/1992

Sher Nadir Khan

Vs.

The Govt. of NWFP and another

Personal grievance. Dismissed in limine on 13.2.1992 for want of jurisdiction Appeal has not filed.
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

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 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.

Appeal has not filed.
Sh.P.No.1/K/1992

Illahi Bakhsh

Vs

Islamic Republic of Pakistan etc

Challenged Section 4 of Muslim Family Lawss Ordinance, 1961. Office has informed to petitioner that the matter does not fall within the jurisdiction of this Court.

Office letter date; 9-2-1992.

Appeal has not filed.
S.P.No.2/I/1992

Noor Khan

Vs.

Federal Govt.etc.

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). Dismissed in limine on 10.2.1992 for want of jurisdiction. Appeal has not filed.
Sh.P.No.2/K/1992

Sharaf-uddin and five others

Vs

ADBP and others

Challenged the interest Act (Whole Act), 1939 and Provision of Section 34, 34(A) (B) of Civil Procedure       Code. 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.

Appeal has not filed.
Sh.Rew.No.2/I of 1992

Abdul Sattar

Vs

The Government of Pakistan

Linked With

Sh.P.No.7/L/1992

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.

—————-

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 15-11-1993 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 Hon’ble Supreme Court of Pakistan and Allowed on dated 15-11-1993.
S.P.No.3/I/1992

Dr.Mahmood-ur-Rehman Faisal

Vs.

Govt. of Pakistan etc.

Section 3 of the Limitation Act, 1908. Dismissed on 10.5.1992. Appeal has not filed.
Sh.P.No.3/L/1992

Imtiaz Ali Asad

Vs

The Government of Pakistan

Challenged Sections 20 and 57 of Representation of Peoples Act, 1976. (Procedure of Nominated Candidate). Dismissed. The Court has not found repugnant of Injunction of Islam of these challenged sections.

Dated: 12-11-1992.

Appeal has not filed.
Review S.P.No.3/I/1992

Qazi Mazhar Ul Haq Vs.

Govt. of Pakistan

Sections.4, 11, 16, 17 and 23(1) of the Land Acquisition Act, 1894. Dismissed for non-prosecution on 20.10.2008 Appeal has not filed.
Sh.P.No.3/K/1992

Miss. Taslim sheikh

Vs

M.D HBFC etc

Section 24(6),(8) and 26(3) of House Building Finance Corporation Act, XVIII of 1952. Dismissed in limine.

The Judgment of supreme Court Of Pakistan on Riba this petition has become infructuous.

Order dated 8-5-2000.

Appeal has not filed.
S.P.No.4/I/1992

Dr.Mehmood-ur-Rehman Faisal

Vs.

Govt. of Pakistan

Section 3 of the Bait-ul-Mal Act No.1 of 1992 has been challenged Dismissed in limine on 10.2.1992 Appeal filed in the Hon’ble Supreme Court of Pakistan.
Sh.P.No.4/L/1992

Safdar Ali & others

Vs

Federation of Pakistan

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. Dismissed.

In this matter the petitioner 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.

Appeal has not filed.
Review S.P.No.4/I/1992

Dr.Mehmood-ur-Rehman Faisal

Vs.

Govt. of Pakistan and another

Section 21 of Enforcement of Shariah Act,1991 Disposed of on 5.12.2000,   as infructuous, as an authoritative judgment on the subject has been delivered by the Hon’ble 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 Appeal has not filed.
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”. Dismissed.

The Court has not found the said Section against the Quran and Sunnah.

Judgment dated; 12-11-1992

Appeal has not filed.
Sh.P.No.5/L/1992

Sardar Khan

Vs

Allied Bank of Pakistan Ltd.

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 respondent-bank as against the Injunctions of Islam, Holy Quran and Sunnah. 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. Appeal has not filed.
S.P.No.5/I/1992

Saleem Raza Qureshi Vs. Federation of Pakistan

Sections 18 and 19 of the Shariat Act,1991 Disposed of as infructuous on 5.12.2000. Appeal has not filed.
Review S.P.No.5/I/1992

Abdullah Sani etc Vs.

Secretary M/o Law

Review of FSC 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. Dismissed on 25.4.2007 Appeal has not filed.
Sh.P.No.5/K/1992

Muhammad Mumtaz Ali

Vs

Federation of Pakistan etc

Challenged Gazette Notification No.SRO-939(i) /79. (Return of Agriculture Land). Dismissed as withdrawn.

Order dated; 5-10-1992

Appeal has not filed.
S.P.No.6/I/1992

Abdur Rehman Siddiqui etc

Vs.

Federation of Pakistan etc.

Secs.18 and 19 of Enforcement of Shariah Act, 1991. Disposed of as infructuous on 5.12.2000 Appeal has not filed.
Sh.P.No.6/L/1992

Sardar Khan

Vs

Allied Bank of Pakistan Ltd.

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 respondent-bank as against the Injunctions of Islam, Holy Quran and Sunnah. Dismissed as withdrawn.

The Court has informed that the petitioner to see this Court‘s judgment PLD-1992-FSC-1. Challenged pointed has already been discussed in the judgment.

Order dated: 28-4-1992.

Appeal has not filed.
Sh.P.No.6/K/1992

Khaliquz-zaman

Vs

Sajjad Hussain and Others

Challenged Section 4 of the Muslim Family Laws, 1961. 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

Appeal has not filed.
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 fundamental rights of the co-owners to utilize their land with their exclusive possession.

—————-

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 15-11-1993 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 Hon’ble Supreme Court of Pakistan and Allowed on dated 15-11-1993.
Sh.P.No.7/K/1992

Malik Muhammad Usman

Vs

The Government of Pakistan

Challenged the Qisas and Diyat Ordinance is against the Injunctions of Islam. 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.

Appeal has not filed.
Sh.P.No.8/L/1992

Sardar Khan

Vs

The Government of Pakistan

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 respondent-bank as against the Injunctions of Islam, Holy Quran and Sunnah. 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. Appeal has not filed.
Sh.P.No.8/K/1992

Malik Muhammad Usman

Vs

The Government of Pakistan

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.

Appeal has not filed.
Sh.P.No.9/L/1992

Rana Zahoor Ahmed Khan

Vs

United Bank Limited

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. 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.

Appeal has not filed.
Sh.P.No.9/K/1992

Masood Ahmed Ansari

Vs

Federation of Pakistan etc

Challenged Section 8 of Muslim Family Laws Ordinance, 1961 and Section 2 of the dissolution of Muslim Marriage Act, 1939. Dismissed in limine for want of jurisdiction.

Order dated; 4-10-1992.

Appeal has not filed.
S.P.No.10/I/1992

Roshan Din Roshan Vs.

The State

Provident Fund Act,1925 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. Appeal has not filed.
Sh.P.No.10/L/1992

Abdul Ghafoor and other

Vs

The Manager ADPB

Challenged Section 8(2) of the Banking 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.

Dismissed in limine.

The Court has already been declared these sections as repugnant to Injunction of Islam in PLD 1992 FSC-1.

Order dated: 29-4-1992.

Appeal has not filed.
Sh.P.No.10/K/1992

Malik Muhammad Usman

Vs

The Government of Pakistan

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.

Returned.

The Petitioner has not adopted proper procedure.

Approved on note portion of the file dated 23-9-1992.

Appeal has not filed.
S.P.No.11/I/1992

Maulana Noor Ahmad

Vs.

Province of Punjab

Section 28 of the Punjab Pre-emption Act,1991 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. Appeal has not filed.
Sh.P.No.11/L/1992

Hasham Ali Awan

Vs

The ADPB

Petitioner has challenged a legal notice issued by the Bank for recovery of interest (Riba) amount form the petitioner. 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.

Appeal has not filed.
Sh.P.No.11/K/1992

Mrs. Najma Khatoon

Vs

The Government of Sindh

Prayed for declaration 1. Ground rent 2. Interest on ground rent 3. Non Utilization fee as Un-Islamic. Dismissed.

Not challenged any law to be repugnant to the Injunctions of Islam in the petition.

Order dated; 19-12-1993.

Appeal has not filed.
S.P.No.12/I/1992

Dr.Muhammad Aslam Khaki

Vs.

Federation of Pakistan and another

C.D.A Land Disposal in Islamabad regulation 1985 Dismissed on 17.10.1993 as not pressed. Appeal has not filed.
Sh.P.No.12/L/1992

Din Muhammad and others

Vs

Administrator Thal Development Authority and others The Government of Pakistan

This petition has been filed against 51 respondent No.2 names of the rest respondents has struck of and the Court do not grant any relief against individual or any institution. Dismissed as withdrawn.

On the request of petitioner the petition is dismissed.

Order dated: 7-10-1992

Appeal has not filed.
Sh.P.No.12/K/1992

Pakistan National Workers etc

Vs

The Government of Pakistan etc

Challenged Section 14 of Finance Act, 1990 and Government notification dated 1-7-1992 is not in consonance with the Islamic Injunctions. 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.

Appeal has not filed.
S.P.No.13/I/1992

Muhammad Ayub Khalid Vs. Federation of Pakistan

Rule 16(1) of Government Servants (Conduct) Rules,1964 Dismissed in limine on 4.10.1992 Appeal has not filed.
Sh.P.No.13/L/1992

Muhammad Shoail

Vs

The ADPB.

Challenged Section 8(2) and 9 of Banking Companies Recovery of Loan Ordinance, 1979 against the Injunction of Islam and Holy Quran and Sunnah. 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.

Appeal has not filed.
Sh.P.No.13/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). Disposed of as withdrawn. The Court has already been examined the same matter in Sh.P.No.4/I/1989.

Order dated; 19-10-1992

Appeal has not filed.
S.P.No.14/I/1992

Qazi Mazhar-ul-Haq Vs.

Federation of Pakistan

Land Acquisition Act,1894 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. Appeal has not filed.
Sh.P.No.14/K/1992

Pakistan National Workers etc

Vs

The Government of Pakistan

Challenged section 14 of the Industrial Relation Ordinance, 1969. (Agricultural Worker has not been included which is against the Injunctions of Islam. Dismissed.

The Said Ordinance has already been examined by this Court by decision as reported in PLJ 1984-FSC-164 and nothing has been found against the Injunctions of Islam.

Order dated; 12-11-1992.

Appeal has not filed.
S.P.No.15/I/1992

Mian Mumtaz Rafee Vs.

Federal Government of Pakistan

Sec.25 of the Negotiable Instrument Act,1881 Dismissed in limine on 4.5.1992 Appeal filed in the Hon’ble Supreme Court of Pakistan, Disposed of 4.6.1998.
Sh.P.No.15/K/1992

Syed Rehan Shahid

Vs

Federation of Pakistan

Section 5 of the Offences in respect of Banks (Special Courts) Ordinance, 1984(IX of 1984). Dismissed for non-prosecution.

Order dated 17-11-1998.

Appeal has not filed.
S.P.No.16/I/1992

M/s Atif Flour Mills
Vs.

Federation of Pakistan

Section 41 of the IDBP Ordinance,1961 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. Appeal has not filed.
Sh.P.No.16/L/1992

M/s Shahid Sewing Machine

Vs

The Government 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. Dismissed.4.10.1992

The petitioner raises and issue of personal nature and not maintainable.

Appeal has not filed.
S.P.No.17/I/1992

Ghulam Ahmad Awan Maibal Vs. Govt. of Pakistan

Challenged Muslim Family Laws Ordinance,1961 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 203-B© of the Constitution. Appeal has not filed.
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 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.

Appeal has not filed.
S.P.No.18/I/1992

Mumtaz Begum

Vs.

Federation of Pakistan

Personal grievance Dismissed in limine on 21.10.1992, being fund any point worth consideration in the petition. Appeal has not filed.
Sh.P.No.18/L/1992

Noor Ahmed

Vs

Federal Government of Pakistan

Challenged section 59(2) of the Co-operative Societies Act, 1925 of regarding loan. Disposed of.

The Court has already 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.

Order dated: 4-10-1992.

Appeal has not filed.
S.P.No.19/I/1992

Ghulam Haider Khan etc. Vs. Govt. of the Punjab

Punjab Tenancy (Act) (XVI) 1987 XXV 1925. Dismissed on 23.1.2008 Appeal has not filed.
Sh.P.No.19/L/1992

M/s Lucky Industries

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. 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.

Appeal has not filed.
S.P.No.20/I/1992

Dr.Mehmood-ur-Rehman 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 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. Appeal has not filed.
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. 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.

Appeal has not filed.
S.P.No.21/I/1992

Dr.Mehmood-ur-Rehman Faisal

Vs.

Govt. of Pakistan

Challenged Section 4(1) of the Service Tribunals Act (LXX) of 1973 Dismissed in limine on 4.10.1992 for want of jurisdiction Appeal has not filed.
Sh.P.No.21/L/1992

Muhammad Yousaf

Vs

ADPB etc

Rule 17 of ADPB Rules 1961.

Regarding Interest.

Disposed of.

The Court has already been 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.

Appeal has not filed.
S.P.No.22/I/1992

Abdullah Sani

Vs.

Secretary Ministry of Law and Justice Islamabad

Challenged Copy Right Ordinance XXXIC of 1962 Disposed of on 4.10.1992 as the said Ordinance has already been examined by a Full Bench of this court vide judgment dated 7.7.1983 Appeal has not filed.
Sh.P.No.22/L/1992

Mrs. Khurshid Begum

Vs

HBFC etc

Challenged Sections 4(20, 21(2), 24(6) & (8) and 28(3) of the Hose Building Finance Corporation Act, XVIII of 1952. Regarding interest. 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.

Appeal filed in the Hon’ble Supreme Court of Pakistan and disposed of on dated 23-12-1999.
S.P.No.23/I/1992

Mian Fazal Ellahi Farooqi

Vs.

Federation of Pakistan

Challenged Section 41 of IDBP Ordinance 1961 Dismissed on 23.6.1992 having found with any substance Appeal has not filed.
Sh.P.No.23/L/1992

Ch. Abdul Majeed

Vs

Government of Pakistan

Challenged Section 4, 12, 13 of Punjab Undesirable       Co-operative Societies (Dissolution) Ordinance, 1992 on a ground of the being repugnant to the Injections of Islam. (Regarding Interest). Dismissed.

Due to non-prosecution the petition has been dismissed

Order Dated: 26-3-2008.

Appeal has not filed.
S.P.No.24/I/1992

Mian Fazal Ellahi Farooqi

Vs.

Federation of Pakistan

Section 8 of the Banking Companies (Recovery of Loans) Ordinance, 1979 Dismissed in limine on 23.6.1992 as having been infructuous Appeal has not filed.
Sh.P.No.24/L/1992

Muhammad Azhar Javed Rana

Vs

UBL 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. 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.

Appeal has not filed.
S.P.No.25/I/1992

Mian Fazal Ellahi Farooqi

Vs.

Federation of Pakistan

Order 37 Rule 2 (a) of CPC Dismissed in limine on 23.6.1992 as having been

infructuous

Appeal has not filed.
Sh.P.No.25/L/1992

Ghulam Abbas

Vs

Usman etc.

Section 3 of Limitation Act, 1908 praying that the above Section of law as being repugnant to the Injunctions of Islam. 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.

Appeal filed in the Hon’ble Supreme Court of Pakistan and dismissed on dated 26-11-1990.
S.P.No.26/I/1992

Abdul Salam

Vs.

Federation of Pakistan

Section 11 of the Contract Act, 1873 Dismissed in liminie on 26.6.1992. Appeal has not filed.
Sh.P.No.26/L/1992

Nawab Masroor Ali Khan

Vs

Government of Punjab

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). Dismissed.

Due to personal grievance and non-precaution.24.5.1993

Appeal has not filed.
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. 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.

Appeal has not filed
Sh.P.No.27/L/1992

Mst. Sharifan Bibi another

Vs

HBFC etc

Challenged Sections 4(20, 21(2), 24(6) & (8) and 28(3) of the Hose Building Finance Corporation Act, XVIII of 1952. Regarding interest. 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.

Yes,
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 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 has not filed.
Sh.P.No.30/I/1992

Faqir Hussain Hadi

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.

Dismissed.

The Services Review Board which was abolished by Notification No.1 (25)91-SR-B/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.

Appeal has not filed.
Sh.P.No.30/L/1992

Javed Hussain

Vs

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.

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 has not filed.
S.P.No.31/I/1992

Dr. M. Aslam Khaki Vs.

Govt: of Pakistan and another

Sections 21 & 34 of the Quaid-e-Azam University Act, 1980 Disposed of as withdrawn on 8.12.1997 Appeal has not filed.
Sh.P.no.31/L/1992

Mst. Hassan Bibi

Vs

The Government of Pakistan

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. Dismissed in limine.

The Section 122 of Said Act, 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.

Appeal has not filed.
Sh.P.No.32/L/1992

Mst. Shaista Bashir etc Vs

Federation of Pakistan & another

Shariat Petition against National Bank of Pakistan.

(Regarding Interest).

Dismissed as withdrawn.

Because the specific provision of law has not been mention in the petition.

Order dated; 12-11-1992

Appeal has not filed.
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

 

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 23 & 41 of the University of Engr. & Tech. Lahore, Act 1974

Sections 43 & 25 of the Bahauddin Zikria University, Act 1975

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

Sections 39 & 241 of the University of Peshawar, Act 1974

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.

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 Filed in the Supreme Court
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

 

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 Filed in the Supreme Court
Sh.P.No.33/L/1992

Muhammad Nazeer Ahmed

Vs

Federation of Pakistan

Article 2-A and 4 of the Constitution of Pakistan.

The petition has stated that if a Muslim Woman can remove money from the purse of her husband without his permission and she could also slap him whereas the husband could not do so.

Dismissed in limine.

Because this Court has no jurisdiction to cover by provisions of Article 203-D of the Constitution of the Islamic Republic of Pakistan.

Order dated; 7-2-1993.

Appeal has not filed.
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

 

Sections 24 & 42 of the University of the Agricultural Faisalabad, Act 1973 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 Filed in the Supreme Court
Sh.P.No.35/L/1992

Muhammad Shafi

Vs

ADBP etc

Petition against the interest of law of ADPB. Dismissed.

The application is based on personal grievance and the Court has no jurisdiction to grand any relief which is personal nature.

Order dated; 30-11-1993

Appeal has not filed.
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

Sections 22 & 40 of the University of Karachi Act 1972 Dismissed as withdrawn on 18.12.1995 as the requisite amendment has been made in the Sindh Service Tribunal Act 1995 Appeal has not filed.
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

Sections 36 & 15 of the Sindh Agriculture University   Tando-jam Act 1977 Dismissed as withdrawn on 18.12.1995 as the requisite amendment has been made in the Sindh Service Tribunal Act 1995 Appeal has not filed.
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

Sections 36 & 15 of the NED University of Engg. and Tech. Karachi Act 1977 Dismissed as withdrawn on 18.12.1995 as the requisite amendment has been made in the Sindh Service Tribunal Act 1995 Appeal has not filed.
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

Sections 40 & 22 of the University of Sindh Jamsharo Act, 1972 Dismissed as withdrawn on 18.12.1995 as the requisite amendment has been made in the Sindh Service Tribunal Act 1995 Appeal has not filed.
Sh.P.No.38/L/1992

Muhammad Rasheed Rashid

Vs

The Government of Pakistan

Challenged Rules, 16, 17, 18, 18-A and 19 of the Revised Leave Rules 1980 (as amended up-to-dated issued by finance department of the federal Government are voilative of the injunctions of the Holy Quran and Sunnah. Disposed of.

The court has declared that 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 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.

Appeal has not filed.
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.

Dismissed.

The Services Review Board which was abolished by Notification No.1 (25)91-SR-B/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.

Appeal has not filed.
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

Section36 & 15 of the Mehran University of Engg. & The. Nawabshah Act, 1977 Dismissed as withdrawn on 18.12.1995 as the requisite amendment has been made in the Sindh Service Tribunal Act 1995 Appeal has not filed.
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

 

Sections 39 & 12 of the Gomel University, Act 1974 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 Filed in the Supreme Court
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

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

 

Sections253 & 14 of the NWFP University of Engg. & Tech. Peshawar Ord. 1980 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 Filed in the Supreme Court
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

 

Sections 35 & 14 of the NWFP University of Agricultural Ord. 1981 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 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 Filed in the Supreme Court
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

 

Sections 43 & 25 of the University of Punjab Lahore, Act 1973 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 Filed in the Supreme Court
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

 

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 Filed in the Supreme Court
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 39 & 241 of the University of Peshawar, Act 1974 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 . Filed in the Supreme Court
Sh.P.No.41/L/1992

M/s. Safdar Cotton Ginners

Vs

Federation of Pakistan

Section 25(12) B of National Bank of Pakistan, Ordinance 1949 and that of Banking Tribunal Act 1984.

(Relating Interest/Markup/ Liquidated Charges).

Dismissed.

The Court has already been 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.

Appeal has not filed.
Sh.P.No.42/L/1992

Ghulam Haider

Vs

Province of Punjab

Provision of Sub-section (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. Dismissed in limine.

The Court has no jurisdiction to examine the Provisions Muslim Personal law.

Order dated; 7-2-1993.

Appeal has not filed.
Sh.P.No.43/L/1992

Hussain Baksh

Vs

The Government of Pakistan

Challenged section 4 of the Muslim Family Laws Ordinance, 1961. Share of grandson and granddaughter. Dismissed in limine as not maintainable. As provided under Article 203-B(c) of the Constitution our jurisdiction 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.

Appeal has not filed.
S.P.No.44/I/1992

Hamad Ullah Khan Vs. Govt. of Pakistan

President’s Order No.3 of 1982Foreign Currency Loans (Rate of Exchange) Ord.1982 Dismissed as withdrawn on 6.6.2000, as the matter has been settled between the parties. Appeal has not filed.
S.P.No.46/I/1992

Rana Abdul Qadir Vs.

Small Business Finance Corporation

Sections 34-A and 34B of the Civil Procedure Code, 1908. 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) Appeal has not filed.
S.P.No.54/I/1992

Mahroze etc

Vs.

Govt. of NWFP and another’s

Paragraph No.650 of “Rewaj-nama Swat” Dismissed in limine on 24.5.1993 being misconceived and without merit. Appeal has not filed.
S.P.No.45/I/1992

Rana Abdul Qadir and another

Vs.

Govt. of Pakistan

Sections 79 & 80 of the Negotiable Instruments Act 1881 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) Appeal has not filed.
S.P.No.48/I/1992

Dr.M.Aslam Khaki Vs.

Federation of Pakistan and another

Sections 38 & 19 of the International Islamic University Ordinance, 1985 Disposed of as withdrawn on 8.12.1997 Appeal has not filed.
S.P.No.53/I/1992

Mst.Raj Bibi etc.

Vs.

The Federation of Pakistan

Personal grievance 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 Appeal has not filed.
S.P.No.47/I/1992

Muhammad Iqbal Khan Nazi

Vs.

Federation of Pakistan

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 Withdrawn on 24.5.1993 to file a fresh petition. Appeal has not filed.
S.P.No.55/I/1992

Mst. Hameed Begum

Vs.

ADBP etc

Section 8(2) , (9) of the Banking Companies (Recovery of Loans) Ord: XIX 1979 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 Appeal has not filed.
S.P.No.56/I/1992

Ghulam Murtaza

Vs. ADBP etc

Section 8(2) of the Banking Companies (Recovery of Loans) Ord: 1979 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 Appeal has not filed.
S.P.No.57/I/1992

Rehmat Khan

Vs.

Federation of Pakistan etc

Section 4 of Muslim Family Laws Order, 1961 Dismissed inlimine on 19.10.1992 being mis- conceived for want of jurisdiction Appeal has not filed.
S.P.No.60/I/1992

Muhammad Tayyab Vs.

Federation of Pakistan

Section 10 of the Patent and Design Act, 1911 Disposed of on 30.11.2000 having been found without substance and mis-conceived Appeal has not filed.
S.P.No.61/I/1992 Along with

Shariat misc. Application No.10/I/1998

Dr.Muhammad Aslam Khaki

Vs.

Federation of Pakistan etc.

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. Dismissed on 28.8.2009. The ground realities show that the appreciations are not genuine. Appeal has not filed.
S.P.No.62/I/1992 A.W

Sh.Misc.Appl1-I-1998

Dr.Muhammad Aslam Khaki Vs. Federation of Pakistan

Rules 225, 242, 243, 244, 45,248,249 of Chapter 9 entitled. The Classification and Separation of Prisoners. Rules 250,252,253,254,255,256,257,261,262,263,264,266,267 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 injunction of Islam was 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. Appeal has not filed.
S.P.No.63/I/1992

Rani Ambreen

Vs.

Chief Minister of Sindh

Reserved seats of Chief Minister of Sindh for admission in Medical College of Sindh Dismissed on 19.12.1993 being incompetent. However, in the petition the petitioner have shown her personal grievance which cannot be agitated Appeal has not filed.
S.P.No.66/I/1992

Shujaat Ali Baghdadi

Vs.

Wapda through its Chairman

Section 17(1A) of Wapda Act 1958 Allowed on 17.1.1994 to the extent that the removal of 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. Appeal has not filed.
Sh.Misc.No.230/I of 1992

Mastan Khan

Vs

HBFC etc

Request for waived of Interest from HBFC. Dismissed.

The application is based on personal grievance and the Court has no jurisdiction to grand any relief which is personal nature.

Order dated; 27-10-1992

Appeal has not filed.
Sh.Misc.No.237/I of 1992

Arbab Saindad Shoro

Vs

ADPB etc

The petitioner has prayed that the amount of interest may be waived and the respondent Bank be directed not to charge the interest on the advance. Dismissed.

The application is based on personal grievance and the Court has no jurisdiction to grand any relief which is personal nature.

Order dated; 4-10-1992.

Appeal has not filed.
                                   1993
Rev. S.P.No.01–I/1993

Dr. Mehmood-ur-Rehman Faisal

Vs.

Govt. of Pakistan

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 Dismissed on 25.5.1993 having barred by time. Appeal has not filed.
S.P.No.01/I/1993

Mst. Sardaran etc. Vs.

Govt. of NWFP

Provincially Administrated Tribal Areas, Civil Procedure (Special Provisions) Regulation No.11 of 1975 challenged being repugnant to injunctions of Islam Dismissed in limine being incompetent on 25.5.1993 as the Court is not competent to examine procedural or regulation. Appeal not filed
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

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. Dismissed on merit as observed by Hon’ble Court 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. Appeal not field
S.P.No.2 /L/1993

Din Muhammad & others

Vs.

Administrator Thar Development Authority

Section 48 of Transfer of Property Act, 1882 challenged being repugnant to injunctions of Islam. Petition was dismissed vide Court order dated 26.5.1993 with observation that Hon’ble 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 Appeal not filed
S.P.No.02/I/1993

Dr. Mehmood-ur-Rehman Faisal

Vs.

Govt. of Pakistan etc.

challenged judgment dated 12.10.1983 passed in Islamisation of law public notice No.6(1983) regarding Contempt of Court Act, 1976 being repugnant to injunctions of Islam Dismissed being time-barred on 26.5.1993. Appeal not filed
S.P.No.03–I/1993

Haji Abdul Wahab Khan Vs. Islamic Republic of Pakistan

Article 10 & 120 of the 1st Schedule of Limitation Act, 1908 regarding section 31 of NWFP Preemption Act, 1987 challenged being repugnant to injunctions of Islam Dismissed in limine on 25.5.1993 as the Court has already ordered for amendment in the law of Province of NWFP. Appeal not filed
S.P.No.03/L/1993

Rubina Shehzadi Vs.

Managing Direct PIAC etc.

Administrator Order No.59 of 1982 issued by PIA challenged being repugnant to injunctions of Islam Disposed of as withdrawn 23.11.1994 Appeal not filed
S.P.No.04/I/1993

Col. Retd Muhammad Akram Vs.

Fed: of Pakistan

Linked with

S.P.No.44/I/1993

Sections 122,123 & 133 (b) of Pakistan Army Act, 1952 regarding adjudication by Martial Law Courts challenged being repugnant to injunctions of Islam 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) Appeal in filed in Supreme Court of Pakistan
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 Disposed of as withdrawn 26.05.1994 Appeal has not filed.
Sh.P.No.4/K/1993

Malik Muhammad Usman

Vs

The Government of Pakistan

Challenged Article 6(2) of the Electoral Roll Act, 1974. Dismissed because the Court has no jurisdiction to here this petition.

Order dated; 22-7-1993

Appeal has not filed.
S.P.No.05/I/1993

Dr. Mehmood-ur-Rehman Faisal

Vs.

Govt. of Pakistan

Articles 1,14 &18 of Extradition Treaty dated 22.12.1931 challenged being repugnant to injunctions of Islam Dismissed in limine on 25.5.1993 being not maintainable as this Court is not competent to examine the treaties and agreements. Appeal not filed
S.P.No.05/L/1993

Saleem Raza

Vs.

ADBP etc.

Banking Companies Rules, 1980 regarding demanding of interest challenged being repugnant to injunctions of Islam Petition returned on 8.7./1993 being not with the consonance of F.S.C Rules, 1981 (order is not available in file) Appeal not filed
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

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. Appeal not filed
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

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

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 Hon’ble 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. Hon’ble 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 Appeal filed in the Hon’ble Supreme Court of Pakistan and pending.
S.P.No.07/I/1993

Muhammad Yakoob Vs.

Province of NWFP

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 The judgment on the same subject matter was passed in linked S.P No.06-I/1993 on 6.7.1998 Appeal filed in the Hon’ble Supreme Court
S.P.No.07/L/1993

Mian Muhammad Akram

Vs.

Secretary Law & Justice etc.

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 Hon’ble 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. Hon’ble 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 Appeal filed in the Hon’ble Supreme Court of Pakistan
S.P.No.08/I/1993

Qari Abdul Hameed Vs.

Province of NWFP

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 The judgment on the same subject matter was passed in linked S.P No.06-I/1993 on 6.7.1998 Appeal filed in the Hon’ble Supreme Court
S.P.No.08/L/1993

Syed Shabbir Hussain & others Vs.

Govt. of Pakistan etc.

Section 2(b)(c)(c)(d)(e) 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 Hon’ble 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. Hon’ble 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 Appeal filed in the Hon’ble Supreme Court of Pakistan
Sh.P.No.8/K/1993

Malik Muhammad Usman

Vs

The Government of Pakistan

Challenged Clause 2(iv) of Representation of the People Act, 1936. Dismissed.

The Court has already been discussed this Point vide this Court Judgments dated 1-9-1983 in Sh.P.No.41/L/79 B-Z-Kaikaus 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.

Appeal has not filed.
S.P.No.09/I/1993

Muhammad Jan

Vs.

Province of NWFP 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 The judgment on the same subject matter was passed in linked S.P No.06-I/1993 on 6.7.1998 Appeal filed in the Hon’ble Supreme Court
S.P.No.09/L/1993

Gulfraz Ahmed

Vs.

Govt. of Pakistan etc.

Section 11 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 Hon’ble 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. Hon’ble 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 Appeal has not filed.
Sh.P.No.9/K/1993

Malik Muhammad Usman

Vs

The Government of Pakistan

Challenged Clause 45, Chapter 9 of Representation of the People Act, 1976. Dismissed.

The Court has already been discussed this Point vide this Court Judgments dated 1-9-1983 in Sh.P.No.41/L/79 B-Z-Kaikaus 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.

Appeal has not filed.
S.P.No.10/I/1993

Sardar Mawali

Vs.

Province of Punjab etc.

Different provisions of law relating to occupancy, tenants and Landlord in NWFP challenged being repugnant to injunctions of Islam The judgment on the same subject matter was passed in linked S.P No.06-I/1993 on 6.7.1998 Appeal filed in the Hon’ble Supreme Court
S.P.No.10/L/1993

Haji Muhammad Aslam etc.

Vs.

Secretary Law & Justice etc.

Section 8 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 Hon’ble 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. Hon’ble 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 Appeal filed in the Hon’ble Supreme Court of Pakistan
Sh.P.No.10/K/1993

Malik Muhammad Usman

Vs

The Government of Pakistan

Challenged Clause 47, Chapter (V-A) of Representation of the People Act, 1976. Dismissed.

The Court has already been discussed this Point vide this Court Judgments dated 1-9-1983 in Sh.P.No.41/L/79 B-Z-Kaikaus 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.

Appeal has not filed.
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 Tenancy Act, 1992, NWFP Abolition of Jagirs Act, 1952 challenged being repugnant to injunctions of Islam The judgment on the same subject matter was passed in linked S.P No.06-I/1993 on 6.7.1998 Appeal filed in the Hon’ble Supreme Court
Sh.P.No.11/L/1993

Muhammad Boota Vs.

Govt. of Punjab etc.

Section 50(a) of Cooperative Societies Act, 1925 challenged being repugnant to injunctions of Islam. 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. Appeal filed in the Hon’ble Supreme Court of Pakistan
S.P.No.12/I/1993

Khan Wali

Vs.

Province of NWFP

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 The judgment on the same subject matter was passed in linked S.P No.06-I/1993 on 6.7.1998 Appeal not filed
Sh.P.No.12/L/1993

Muzaffar Abbas Waraich

Vs.

ADBP Arifwala etc.

Personal grievance regarding elimination of Riba challenged being repugnant to injunctions of Islam The petition pertains to personal grievance which is not maintainable and dismissed accordingly vide Court order 30.11.1993. Appeal filed in the Hon’ble Supreme Court of Pakistan
Sh.P.No.12/K/1993

Malik Muhammad Usman

Vs

The Government of Pakistan

Challenged Pakistan Army Act, 1952 and defence of Pakistan Ordinance, 1971. Disposed of as withdrawn.

Order dated 21-7-1993.

Appeal has not filed.
S.P.No.13/I/1993

Ahmedji Muqadam Vs.

Province of NWFP

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 The judgment on the same subject matter was passed in linked S.P No.06-I/1993 on 6.7.1998 Appeal not filed
Sh.P.No.13/K/1993

Malik Muhammad Usman

Vs

The Government of Pakistan

Challenged Income Tax Ordinance, 1979. Disposed of as withdrawn.

The Court has already been examined and dismissed the matter in Sh.P.No.11/L/90.

Order dated 21-7-1993.

Appeal has not filed.
S.P.No.13/L/1993

Abdul Ghafoor & others

Vs.

Federal Govt. of Pakistan & others

Section 4 of Muslim Family Law Ord. 1961 challenged being repugnant to injunctions of Islam Petition was allowed vide Court judgment dated 5.7.2000. The Hon’ble Court 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 non-registration 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. Appeal filed in the Hon’ble Supreme Court of Pakistan
S.P.No.14/I/1993

Malik Muhammad Usman

Vs.

Govt. of Pakistan

Ord. XIX of 1983 (Transfer of Population Welfare Programme Field Activities, 1983) challenged being repugnant to injunctions of Islam Dismissed as withdrawn on 21.7.1993. Appeal filed in the Hon’ble Supreme Court of Pakistan.
S.P.No.14/L/1993

Ghulam Hussain Bloch

Vs.

Govt. of Punjab etc

Section 148, 149, 109/34 PPC challenged being repugnant to injunctions of Islam 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. Appeal not filed
Sh.P.No.14/K/1993

Malik Muhammad Usman

Vs

The Government of Pakistan

Challenged Excise and Salt Act, 1944 Disposed of as withdrawn.

Order dated 21-7-1993.

Appeal has not filed.
S.P.No.15/I/1993

Qari Abdul Aziz Jalali

Vs.

Province of NWFP & others

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 The judgment on the same subject matter was passed in linked S.P No.06-I/1993 on 6.7.1998 Appeal not filed
S.P.No.15/L/1993

Munir Brothers

Vs.

IDBP etc.

Banking Companies (Recovery of Loan) Ord. 1979 regarding recovery of interest challenged being repugnant to injunctions of Islam 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 Hon’ble Shariat Appellate Bench of Supreme Court of Pakistan. Appeal filed in the Hon’ble Supreme Court of Pakistan
Sh.P.No.15/K/1993

Malik Muhammad Usman

Vs

The Government of Pakistan

Challenged Wealth Tax Act, 1963. Disposed of as withdrawn.

Order dated 21-7-1993.

Appeal has not filed.
S.P.No.16/I/1993

Sabz Ali

Vs.

Province of NWFP

Section 5(1)(c) of the Punjab Tenancy Act, 1887 as applicable to NWFP challenged being repugnant to injunctions of Islam The judgment on the same subject matter was passed in linked S.P No.06-I/1993 on 6.7.1998 Appeal not filed
S.P.No.16/L/1993

Sumaira Qamar

Vs.

Chairman ADBP etc.

Recovery of bank interest from petitioner (personal grievance) challenged being repugnant to injunctions of Islam Dismissed as petition pertains to personal grievance vide court order dated 30.11.1993. Appeal filed in the Hon’ble Supreme Court of Pakistan
Sh.P.No.16/K/1993

Malik Muhammad Usman

Vs

The Government of Pakistan

Challenged Sales Tax Act, 1990. Disposed of as withdrawn.

Order dated 21-7-1993.

Appeal has not filed.
S.P.No.17/I/1993

Khan Wali

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 The judgment on the same subject matter was passed in linked S.P No.06-I/1993 on 6.7.1998 Appeal not filed
S.P.No.17/L/1993

Khurshid Ahmed Vs.

Irshad Bibi etc.

No specific law has been challenged being repugnant to injunctions of Islam Dismissed as petition showing personal grievance and no specific law has been challenged vide Court order dated 30.11.1993. Appeal filed in the Hon’ble Supreme Court of Pakistan
Sh.P.No.17/K/1993

Malik Muhammad Usman

Vs

The Government of Pakistan

Challenged Civil Servant Act, 1973. Disposed of as withdrawn.

The Court has already been examined this matter in S.S.M.NO.263-A-1983 reported in PLD-1984 FSC-32.

Order dated 21-7-1993.

Appeal has not filed.
S.P.No.18/I/1993

Sardar Kaloo

Vs.

Province of NWFP

Section 5(1)(c) of the Punjab Tenancy Act, 1887 as applicable to NWFP challenged being repugnant to injunctions of Islam The judgment on the same subject matter was passed in linked S.P No.06-I/1993 on 6.7.1998 Appeal not filed
S.P.No.18/L/1993

Pir Bux

Vs.

Federation of Pakistan etc.

Interest Act, 1839 regarding recovery of interest challenged being repugnant to injunctions of Islam Petition was dismissed being misconceived on 30.11.1993 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) Appeal filed in the Hon’ble Supreme Court of Pakistan
Sh.P.No.18/K/1993

Pakistan National Workers etc

Vs

The Government of Pakistan

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 Disposed of as withdrawn.

Order dated 15-1-2009.

Appeal has not filed.
S.P.No.19/I/1993

Haji Muhammad Mumtaz Ali

Vs.

Federation of Pakistan

Section 3 of the Works of Defense Act, 1903 & Gazette Notification No. SRD-939 (I/79) (regarding denial of easement rights in agricultural land within cantonment area) challenged being repugnant to injunctions of Islam. Dismissed on 18.9.2007 being not maintainable as the matter belongs to seeking relief on his personal grievance Appeal not filed
S.P.No.19/L/1993

Mst. Fakhra Siddique etc.

Vs.

HBL & others

Recovery of bank interest from petitioner (personal grievance regarding recovery of interest) challenged being repugnant to injunctions of Islam Dismissed as petition pertains to personal grievance vide court order dated 07.05.1994. Appeal not filed
S.P.No.20/I/1993

I.A Sherwani

Vs.

Fed: of Pakistan

L/W

S.S.No.01/I/1993

L/W

S.S.No.02/I/1993

L/W

S.S.No.03/I/1993

L/W

S.S.No.04/I/1993

L/W

S.S.No.05/I/1993

Service Tribunal Act, 1973 & Service Tribunal (Qualification of Member) Rules, 1973 challenged being repugnant to injunctions of Islam Dismissed on 22.1.2008 with observation that there is nothing in the matters which may be termed as repugnant to the Quran and Sunnah. Appeal not filed
Sh.P.No.20/K/1993

M/s. Banking Trade Service

Vs

Islamic Republic of Pakistan.

Challenged section 6(1), 9 & 15 of the banking Tribunal Ordinance, 1984. 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.

Appeal has not filed.
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 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.
Sh.P.No.21/K/1993

Syed Khateebul Islam Kazmi

Vs

Special Court of Banking of Sindh and another

Challenged the Interest of Banks on the ground being repugnant to the Injunctions of Islam. Dismissed in limine.

The Court has already held in Judgment reported as PLD-1992 FSC-1.

Order dated; 3-12-1995

Appeal has not filed.
S.P.No.22/I/1993

Sian Muhammad Vs.

Province of NWFP

Law relating to occupancy, Tenants and Landlord in NWFP challenged being repugnant to injunctions of Islam The judgment on the same subject matter was passed in linked S.P No.06-I/1993 on 6.7.1998 Appeal filed in the Hon’ble Supreme Court of Pakistan
S.P.No.23/I/1993

Qazi Muhammad Sadiq

Vs.

Province of NWFP

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 The judgment on the same subject matter was passed in linked S.P No.06-I/1993 on 6.7.1998 Appeal filed in the Hon’ble Supreme Court of Pakistan
S.P.No.24/I/1993

Muhammad Daub Vs.

Province of NWFP

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 The judgment on the same subject matter was passed in linked S.P No.06-I/1993 on 6.7.1998 Appeal filed in the Hon’ble Supreme Court of Pakistan
S.P.No.25/I/1993

Mrs. Mahjabeen & others

Vs.

The Fed: of Pakistan

Section 4 of Banking Company (Recovery of Loans) Ord. 1979 regarding recovery of interest / personal grievance challenged being repugnant to injunctions of Islam Dismissed on 03.12.1995 as 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 filed in the Hon’ble Supreme Court of Pakistan
S.P.No.27/I/1993

Muhammad Yakoob Vs.

Govt. of Pakistan

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 on 17.1.1994 with observation that by making 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. Appeal has not filed.
S.P.No.29/I/1993

Allah Rakha

Vs.

Fed: of Pakistan etc.

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 Petition was allowed vide Court judgment dated 5.7.2000. The Hon’ble Court 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 Mulsim Family Law Ord., 1961 does not invalidate marriage/nikah itself merely on account of non-registration 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 violative of injunctions of Islam. Appeal filed in the Supreme Court of Pakistan and pending.
S.P.No.30/I/1993

B.A Malik

Vs.

Federation 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 Disposed of as withdrawn on 18.1.1994 Appeal filed.
S.P.No.31/I/1993

Muhammad Sharif Vs.

Govt. of Punjab etc.

Section 2(2) GG of section 4 of Urban Immovable Property Tax Act, 1958 challenged being repugnant to injunctions of Islam Dismissed as withdrawn on 14.2.2002 Appeal not filed
S.P.No.32/I/1993

Rehmat Khan

Vs.

Fed: of Pakistan`

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 05.1.2000 Petition was allowed vide Court judgment dated 5.7.2000. The Hon’ble Court 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 Mulsim Family Law Ord., 1961 does not invalidate marriage/nikah itself merely on account of non-registration 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 violative of injunctions of Islam. Appeal not filed
S.P.No.33/I/1993

Dr. Mehmood-ur-Rehman Faisal

Vs.

Govt. of Pakistan

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)challenged being repugnant to injunctions of Islam Dismissed for non- prosecution on 27.5.2008 Appeal has not filed.
S.P.No.34/I/1993

Ghulam Farid

Vs.

Federation of Pakistan

Section 30 of HBFC Act, 1952 regarding recovery of interest challenged being repugnant to injunctions of Islam. Dismissed on 08.12.1993 being of personal grievance Appeal not filed
S.P.No.35/I/1993

Nadeem Mukhtar Vs.

Federation of Pakistan

Section 30 of Contract Act, 1872 regarding exception in favour of certain price horse racing challenged being repugnant to injunctions of Islam. Dismissed on 11.12.1995 being incompetent as the Court has already examined this provision of law vide judgment dated 20.10.1983 passed in S.S.M No.01/1982. Appeal not filed
S.P.No.36/I/1993

Nadeem Mukhtar Chaudhry

Vs.

Federation of Pakistan

Article 40 of Qanoon-e-Shahadat Order, 1984 (regarding how much information received from accused may be proved) challenged being repugnant to injunctions of Islam. Dismissed having no substance on 30.5.2007. Appeal not filed
S.P.No.37/I/1993

Mst. Gul Ryazan

Vs.

Federation of Pakistan

Section 4 of Muslim Family Law Ord. 1961 challenged being repugnant to injunctions of Islam. Petition was allowed vide Court judgment dated 5.7.2000. The Hon’ble Court 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 non-registration 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 violative of injunctions of Islam. Appeal not filed
S.P.No.38/I/1993

Afzal Ahmed etc.

Vs.

Govt. of Pakistan

Section 17(1-A) of Wapda Act, 1958 pertaining to Wapda employees challenged being repugnant to injunctions of Islam. Disposed of on 17.1.1994 as same order passed in S.P.No.66-I/1992 which reported that in view of the judgment of Hon’ble Appellate Bench of Supreme Court, this Court allowed these petitions only to the extent of retirement / removal from service without assigning any reason and affording proper opportunity of hearing. Appeal has not filed.
S.P.No.39/I/1993

Sattar Bazmi

Vs.

Govt. of Pakistan

Martial Law Order No.35 regarding removal from service challenged being repugnant to injunctions of Islam Dismissed on 10.12.1995 the matter of personal grievance. Appeal not filed
S.P.No.40/I/1993

Muhammad Ali Khan

Vs.

Govt. of NWFP

Enforcement of NWFP Preemption Act, 1992 regarding preemption rights challenged being repugnant to injunctions of Islam Disposed of on 12.3.2008 being infructuous. Appeal not filed
S.P.No.41/I/1993

Javed Ahmed

Vs.

Govt. of Punjab

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 Disposed of having withdrawn on 23.1.2001. Appeal not filed
S.P.No.42/I/1993

Raja Muhammad Ayub

Vs.

Fed: of Pakistan

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 05.1.2000 in terms of judgment passed in S.P No.29-I/1993 which was allowed vide Court judgment dated 5.7.2000. The Hon’ble Court 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 Mulsim Family Law Ord., 1961 does not invalidate marriage/nikah itself merely on account of non-registration 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 violative of injunctions of Islam. Appeal not filed
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 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.6-L/1987 and delivered judgment on 30.10.1990 reported as PLD 1991 FSC page 10. Appeal has not filed.
1994
Sh.P.No.1/I/1994

Allah Dino

Vs

Government of Pakistan

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. Due to personal grievance the petition has dismissed.

Order dated; 18-1-1994.

Appeal has not filed.
S.P.No.1/L/1994

Muhammad Ashraf Vs.

The Manager, Agriculture Development Bank of Pakistan, Phalia and two others

To Challenge the Riba/mark-up of Rs.2,36,400/- Dismissed in limine for want of jurisdiction. Appeal has not filed.
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

Sh.P.No.4/I/1993

Filed review of FSC Judgment dated 13-10-1983 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.

Filed review of FSC Judgment dated 13-10-1983 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.

Disposed of as withdrawn.

Order dated; 27-5-2008

Appeal has not filed.
Sh.P.No.1/K/1994

Haji Babar Hussain

Vs

Mst. Fareeda Naz

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.

Dismissed in limine on 28.11.1995 as this petition pertains to personal grievance and as such the out of jurisdiction of this Court. Appeal has not filed.
Rew.Sh.P.No.2/I of 1994

M. Jameel Raja

Vs

Government of Pakistan

Linked With

Sh.Msic.No.33 of 1994

Challenged Section 4(1) (2) and Section 12 Guardians and wards Act, 1890. Dismissed in limine because the petitioner could also not point out any injection which varied these sections.

Order dated; 17-12-1995.

Appeal not filed
Sh.P.No.2/I/1994

S. Liaqat Binori

Vs

Federation of Pakistan

Challenged Finance Division O.M.No.F.2 (9)R-5/81 dated 27-6-1981. Which provide the schedule for the rate of house rent admissible to the employees of the Government.. Dismissed as withdrawn.

Order dated; 4-6-2002.

Appeal has not filed.
S.P.No.2/L/1994

Malik Altaf Hussain Vs.

Allied Bank of Pakistan Limited etc.

To challenge the amount of interest of Rs.68,547/40 Dismissed in limine for want of jurisdiction.3-12-1995 Appeal has not filed.
S.P.No.02/K/1994

Suhail Hameed

Vs

President of Pakistan

Section 34(a)(b)(f) of Pakistan Army Act, 1952 (regarding armies’ separate judicial system) challenged being repugnant to injunctions of Islam Petition was dismissed in limine on 29.11.1995 as the matter in question has already been examined by this Court. Appeal has not filed
Sh.P.No.3/I/1994

Zar khan and others

Vs

Government of Pakistan

Section 4 of Muslim Family Lawss 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; 05-01-2000.

Appeal has not filed.
S.P.No.3/L/1994

Mian Hidayat Hussain Bhatti

Vs.

A.D.P.B and one other

To Challenge the amount of interest. from the petitioner is repugnant to injunction of Islam. Dismissed in limine for want of jurisdiction.3-12-1995 Appeal has not filed.
Sh.P.No.3/K/1994

Mst. Suraya Begum

Vs

Government of Pakistan

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. Dismissed in limine.

No law has been challenged in this petition as offending any Injunctions of Islam.

Order dated; 12-12-1995.

Appeal has not filed.
Sh.P.No.4/I/1994

Dr. M.Aslam Khaki

Vs

Federation of Pakistan

Linked with

Rew.Sh.P.No.1/I of 1994

Linked with

Rew.Sh.P.No.3/I of 1994

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; 05-01-2000.

Appeal not filed
Rew.P.No.4/I/1994

Z. A. Sheikh

Vs

Government of Pakistan

Old Pensioner has Requested for Welfare fond from the State Bank of Pakistan. . Dismissed in limine. Hence Personal grievance of the petitioner was involved in the petition.

Order dated; 9-5-1994.

Appeal has not filed.
S.P.No.4/L/1994

Sh. Farooq Ahmed Vs.

Federation of Pakistan etc

To Challenge Frontier Crimes Regulation, 1901 Pending for awaiting the decision of other cases of FCR Appeal has not filed.
Sh.P.No.5/I/1994

Muhammad Yaqoob

Vs

Federation 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) Dismissed for non-prosecution.

Order dated; 28-2-1995.

Appeal has not filed.
S.P.No.5/L/1994

Khawaja Munir Ahmad Siddique

Vs.

Government of Pakistan

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 Dismissed on 23.4.2007 as the stand taken by the petitioner has no relevance to section 539 Cr.P.C Appeal has not filed.
Sh.P.No.6/I/1994

Dr. Muhammad-ur-Rehman Faisal

Vs

Government of Pakistan

Linked With

Sh.P.No.8/I/1994

Javed Iqbal

Vs

Federation of Pakistan

Along with

Sh.Misc.App.No.69 of 1994

Linked With

 

 

 

 

Sh.P.No.12/I/1994

Ch. Munir Sadiq

Vs

Government of Pakistan

Challenged Para (ii) Office Memorandum F-5(17) Gaz Imp (1) dated 20-11-1974.

Office Memorandum No.F2 (1)-R-5/91 dated 25-8-1991. (Admissibility of House Rent Allowance to married Government Servants either of the husband/wife has been providing with Government accommodation as repugnant to the Islamic Injunctions.

Challenged Para (ii) Office Memorandum F-5(17) Gaz Imp (1) dated 20-11-1974.

Office Memorandum No.F2 (1)-R-5/91 dated 25-8-1991. (Admissibility of House Rent Allowance to married Government Servants either of the husband/wife has been providing with Government accommodation as repugnant to the Islamic Injunctions.

Challenged Para (ii) Office Memorandum F-5(17) Gaz Imp (1) dated 20-11-1974.

Office Memorandum No.F2 (1)-R-5/91 dated 25-8-1991. (Admissibility of House Rent Allowance to married Government Servants either of the husband/wife has been providing with Government accommodation as repugnant to the Islamic Injunctions.

Dismissed for non-prosecution.

Order dated; 13-3-2008

Appeal has not filed.
S.P.No.6/L/1994

Muhammad Ibrahim etc

Vs

Abdur Rahman etc

To challenge Muslim Family Laws Ordinance, 1961. Section 4 of the Muslim Family Laws is against the Injunctions of Islam Disposed of on 5.1.2000 in the terms of judgment of this Court. The court has been pleased to declare that sub section (3) and sub section (5) of section 7 of Muslim Family Laws Ordinance, 1961 are repugnant to the injunctions of Islam and the court has directed that the President of Islamic Republic of Pakistan shall takes steps to amend the Law so as to bring the above provisions into conformity with the injunctions of Islam .It has also been held that the above provisions of sub section (3) and (5) which have been held to be repugnant to the injunctions of Islam shall cease to effect on 31-3-2000. Appeal has not filed.
Sh.P. No. 7/I/1994

Haji Muhammad Abdullah

Vs

Government of Pakistan

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. The petition has misconceived and dismissed in limine.

Order dated; 16-2-1995.

Filed in the Supreme Court.
Sh.P.No.7/L/1994

Haji Hayat Muhammad

Vs.

The Province of Punjab

To challenge M.L.R 115 as for as it limits the wording of land be declared in infringement of Islam as declared by Holy Quran and Hadith. Dismissed on 31.3.1998 for want of jurisdiction Appeal has not filed.
Sh.P.No.8/I/1994

Javed Iqbal

Vs

Federation of Pakistan

Along with

Sh.P.No.6/I/1994

Linked With

Sh.Misc.App.No.69 of 1994

Linked With

Sh.P.No.12/I/1994

Challenged Para (ii) Office Memorandum F-5(17) Gaz Imp (1) dated 20-11-1974.

Office Memorandum No.F2 (1)-R-5/91 dated 25-8-1991. (Admissibility of House Rent Allowance to married Government Servants either of the husband/wife has been providing with Government accommodation as repugnant to the Islamic Injunctions.

Dismissed for non-prosecution.

Order dated; 13-3-2008

Appeal has not filed.
Sh.P.No.8/L/1994

Rana Zahoor-ul- Haq

Vs.

Chairman State Life Insurance Corporation and 5 others

Challenged section 25(A) of Industrial Relations Ordinance, 1969 being repugnant to the Injunctions of Islam. Dismissed for non- prosecution and for non- compliance of the order of the court on 21.10.2008 Appeal has not filed.
Sh.P.No.9/L/1994

Muhammad Rafi and others

Vs.

Federation of Pakistan

Challenged section 9 of Oaths Act, 1973 and Article 163 of the Qanoon-Shadat Ordinance, 1984 being to the Injunctions of Islam. Dismissed as withdrawn on the request of the petitioner on 23.4.2007 Appeal has not filed.
Sh.P.No.10/I/1994

Dr. Mehmood-ur-Faisal

Vs

Government of Pakistan

Challenged the notifications;

Cabinet Secretariat Notification No.104/12/68 Min dated 19-3-1968.

Cabinet Secretariat Notification No.4-14/90 Min. I dated 27-6-1990.

Schedule II Rule 3(3) Rules of Business 1973(Cabinet Secretariat)

Dismissed in limine.

The petitioner failed to point out any law on the subject which could form basis to attend the jurisdiction of this Court.

Order dated; 16-2-1995

Appeal has not filed.
Sh.P.No.10/L/1994

Muhammad Bakhsh Vs.

Federal Government and another

Challenged section 4 of Muslim Family Laws, 1961 being to the Injunctions of Islam. Disposed of on 5.1.2000 in terms of the judgment delivered in S.P.No.29-I-1993 Appeal has not filed.
Sh.P.No.11/I/1994

Ali Ahmed Dar

Vs

Government of Pakistan

Challenged Judgment of the F.S.T Islamabad dated 2-11-1993 in service appeal No.291(R)/93. The petition has misconceived and Dismissed in limine.

Order dated; 9-4-1994.

Filed in Supreme Court
Sh.P.No.11/L/1994

Tagiya

Vs.

Federal Govt.

Challenged section 4 of the Muslim Family Laws, Ordinance, 1961 being to the Injunctions of Islam. Disposed of on 5.1.2000 in terms of the judgment delivered in S.P.No.29-I-1993. Appeal has not filed.
Sh.P.No.12/I/1994

Ch. Munir Sadiq

Vs

Government of Pakistan

Linked With

Sh.P.No.6/I/1994

Linked With

Sh.P.No.8/I/1994

Along with

Sh.Misc.App.No.69 of 1994

Challenged Para (ii) Office Memorandum F-5(17) Gaz Imp (1) dated 20-11-1974.

Office Memorandum No.F2 (1)-R-5/91 dated 25-8-1991. (Admissibility of House Rent Allowance to married Government Servants either of the husband/wife has been providing with Government accommodation as repugnant to the Islamic Injunctions.

Dismissed for non-prosecution.

Order dated; 13-3-2008

Appeal has not filed.
Sh.P.No.12/L/1994

Mst. Malkhoo etc.

Vs.

Islamic Republic of Pakistan and another

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. Dismissed as withdrawn on 11.12.1995 Appeal has not filed.
Sh.P.No.13/I/1994

Dr. Mehmood-ur-Rehman

Vs

Government of Pakistan

Request for Re-hearing 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 that this petition may by consider as revision under the rule. Dismissed.

Because the matter pertains to a personal grievance.

Order dated; 7-12-2000.

Appeal has not filed.
Sh.P.No.13/L/1994

M/S. Mehran Comfort (Pvt) Ltd.

Vs.

Government of Pakistan etc.

Challenged portion of section 31-A of the Custom Act, (Act. IV of 1969) being to the Injunctions of Islam. Disposed of as withdrawn on   10.6.1998 Appeal has not filed.
Sh.P.No.14/L/1994

M/S Mehran Comfort (Pvt) Ltd. Vs.

Govt. of Pakistan etc.

Challenged Notification S.R.O 419(1) dated 9.5.1991. 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. Appeal has not filed.
Sh.P.No.15/I/1994

Master Mushtaq Ahmed

Vs

Government of Pakistan

Request for Financial benefit. Dismissed because personal grievance has involved.

Order dated; 7-5-1994.

Appeal has not filed.
Sh.P.No.15/L/1994

M/S Mehran Comfort (Pvt) Ltd. Vs.

Govt. of Pakistan etc.

Challenged Notification of the Federal Government S.R.O 420(1) /91 dated 9.5.1991 Same judgment delivered on 24.9.2001 in S.P.No.14-L-1994 Appeal has not filed.
Sh.P.No.16/I/1994

Mst. Abida Tasneem etc

Vs

Government of Pakistan

Challenged Section 5 of the Muslim Family Laws Ordinance, 1961 providing for the registration of marriage is repugnant to the Injunctions of Islam. Disposed of.

The Court has already been discussed this point in Shariat petition No. 29/I/1993.

Order dated; 5-1-2000.

Appeal has not filed.
Sh.P.No.16/L/1994

M/S Mehran Comfort (Pvt) Ltd. Vs.

Govt. of Pakistan etc.

Challenged Notification of the Federal Government S.R.O. 421(1)/91, dated 9.5.1991. Same judgment delivered on 24.9.2001 in S.P.No.14-L-1994 Appeal has not filed.
Sh.P.No.17/I/1994

Muhammad Sharif

Vs

Federation of Pakistan

Challenged section 25 of ADBP, 1961 and Rule 17 of ADBP on the ground that the interest is repugnant to the Injunctions of Islam. Dismissed in limine.

The Court has already been delivered a Judgment on Interest.

Order dated; 16-2-1995.

Appeal has not filed.
Sh.P.No.17/L/1994

Diamond Corporation (Pvt) Limited

Vs.

Govt: of Pakistan etc

Challenged portion of Section 31-A of Custom Act, 1969 is repugnant to the Injunctions of Islam. Disposed of as withdrawn on 10.6.1998 Appeal has not filed.
Sh.P.No.18/I/1994

Muhammad Nawaz

Vs

Government of Pakistan

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 other form of the Fir-owni Sajida. Dismissed.

The Court has declared that “saluting” a senior in police department or in armed forces or in Para-military establishments, is not repugnant to the tenets of Islam.

Order dated; 12-4-2007

Appeal has not filed.
Sh.P.No.18/L/1994

Diamond Corporation (Pvt) Limited

Vs.

Government of Pakistan etc

Challenged Notification of the Federal Government S.R.O 419(1)/91 dated 9.5.1991 is repugnant to the Injunctions of Islam. Same judgment delivered on 24.9.2001 in S.P.No.14-L-1994 Appeal has not filed.
Sh.P.No.19/I/1994

M/s Atif Floor Mills

Vs

Federation of Pakistan

Challenged the Interest Act, 1839. Dismissed in limine.

The Court has already been examined the provision of Interest in deferent petition.

Order dated; 16-2-1995

Appeal has not filed.
Sh.P.No.19/L/1994

Diamond Corporation (Pvt) Limited 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. Same judgment delivered on 24.9.2001 in S.P.No.14-L-1994 Appeal has not filed.
Sh.P.No.20/I/1994

M/s Fazal Engineering Company, LTD etc

Vs

Government of Pakistan

Challenged Section 8(2) a & b of Banking Company (Recovery of Loans) Ordinance, 1979. Dismissed in limine.

The Court has already been examined the provision of Interest in deferent petition.

Order dated; 16-2-1995

Appeal has not filed.
S.P.No.20/L/1994

Diamond Corporation (Pvt) Limited

Vs.

Govt: of Pakistan etc

Challenged Notification of the Federal Government S.R.O 421(1)/91 date 9.5.1991 is repugnant to the Injunctions of Islam. Same judgment delivered on 24.9.2001 in S.P.No.14-L-1994 Appeal has not filed.
Sh.P.No.21/I/1994

Nadeem Mukhtar

Vs

Federation of Pakistan

Challenged Article 43-B (a) of Qanoon-e-Shahadat Order, 1984 is repugnant to the Injunctions of Islam. Dismissed in limine.

The petition is misconceived as no Injunctions of Islam has been cited in proof thereof.

Order dated; 16-2-1995.

Appeal has not filed.
Sh.P.No.21/L/1994

Crescent Industrial (Gadoon)

Vs.

Govt: of Pakistan etc

Challenged portion section 31-A of Custom Act, 1969 is repugnant to the Injunctions of Islam. Disposed of as withdrawn on 10.6.1998. Appeal has not filed.
Sh.P.No.22/I/1994

Qazi Syed Saghir-ur-Haw

Vs

Pakistan through M/o Finance

Section 6 (h) (b) of Finance Act, 5 of 1989 regarding Tax Dismissed as withdrawn.

Order dated; 16-2-1995

Appeal has not filed.
Sh.P.No.22/L/1994

Crescent Industrial (Gadoon)

Vs.

Govt: of Pakistan etc

Challenged Notification of the Federal Government S.R.O 419(1)/91 date 9.5.1991 is repugnant to the Injunctions of Islam. Same judgment delivered on 24.9.2001 in S.P.No.14-L-1994 Yes,
Sh.P.No.23/L/1994

Crescent Industrial (Gadoon)

Vs.

Govt: of Pakistan etc

Challenged Notification of the Federal Government S.R.O 420(1)/91 date 9.5.1991 is repugnant to the Injunctions of Islam. Same judgment delivered on 24.9.2001 in S.P.No.14-L-1994 Appeal has not filed.
Sh.P.No.24/I/1994

Khalid Khawaja

Vs

Government of Pakistan

Requested that this Court Implement of Article 62 & 63 of the Constitution of Pakistan. Dismissed in limine.

Because the petition does not fall within the jurisdiction of this Court.

Order dated; 16-2-1995

Appeal has not filed.
Sh.P.No.24/L/1994

Crescent Industrial (Gadoon)

Vs.

Govt: of Pakistan etc

Challenged Notitfication of the Fedral Government S.R.O 421(1)/91 dated 9.5.1991 is repugnant to the Injunctions of Islam. Same judgment delivered on 24.9.2001 in S.P.No.14-L-1994 Appeal has not filed.
Sh.P.No.25/L/1994

Diamond Corporation (Pvt) Limited

Vs.

Govt: of Pakistan etc

Challenged portion of Section 31-A of Custom Act, 1969 is repugnant to the Injunctions of Islam. Disposed of as withdrawn on 10.6.1998 Appeal has not filed.
Sh.P.No.26/I/1994

M. Iqbal Kowkab

Vs

Federation of Pakistan

Challenged Section 6 of the 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; 05-01-2000.

Filed in the Supreme Court
Sh.P.No.26/L/1994

Diamond Corporation (Pvt) Limited

Vs.

Govt: of Pakistan etc

Challenged Notification of the Federal Government S.R.O No. 419(1)/91 date 9.5.1991 is repugnant to the Injunctions of Islam. Same judgment delivered on 24.9.2001 in S.P.No.14-L-1994 Appeal has not filed.
Sh.P.No.27/L/1994

Diamond Corporation (Pvt) Limited

Vs.

Govt: of Pakistan etc

Challenged Notification of the Federal Government S.R.O No. 420(1)/1991 dated 9.5.1991 is repugnant to the Injunctions of Islam. Same judgment delivered on 24.9.2001 in S.P.No.14-L-1994 Appeal has not filed.
Sh.P.No.28/I/1994

Syed Ibrar Husain

Vs

Federation of Pakistan

Challenged section 4 of the 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; 05-01-2000.

Filed in the Supreme Court
Sh.P.No.28/L/1994

Diamond Corporation (Pvt) Limited

Vs.

Govt: of Pakistan etc

Challenged Notification of the Federal Government S.R.O No. 421(1)/1991 dated 9.5.1991 is repugnant to the Injunctions of Islam. Same judgment delivered on 24.9.2001 in S.P.No.14-L-1994 Appeal has not filed.
Sh.P.No.29/I/1994

Nadeem Mukhtar Choudhary

Vs

Federation of Pakistan

Article 16 Qanoon-e-Shahadat Order Act,1984 Dismissed as withdrawn.

Order dated;16-2-1995

Appeal has not filed.
Sh.P.No.29/L/1994

Khyber Plastic and Polymer

Vs.

Govt: of Pakistan etc

Challenged portion of section 31-A of the Customs Act (Act IV of 1969) is repugnant to the Injunctions of Islam. Disposed of as withdrawn on 10.6.1998 Appeal has not filed.
Sh.P.No.30/I/1994

Muhammad Akram

Vs

Government of Pakistan

Section 4 (2GG) of Urban Immovable Property Tax Act, 1958 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

Appeal has not filed.
Sh.P.No.30/L/1994

Khyber Plastic and Polymer Vs. Govt: of Pakistan etc

Challenged Notification of the Federal Government S.R.O No. 419(1)/91 dated 9.5.1991 is repugnant to the Injunctions of Islam. Same judgment delivered on 24.9.2001 in S.P.No.14-L-1994 Appeal has not filed.
Sh.P.No.31/I/1994

Inayat ullah

Vs

The Chairman WAPDA and others

Filed application and requested for direction and 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. Dismissed as withdrawn.

Order dated; 16-2-1995.

Appeal has not filed.
Sh.P.No.31/L/1994

Khyber Plastic and Polymer Vs. Govt: of Pakistan etc

Challenged Notification of the Federal Government S.R.O No. 420(1)/1991 dated 9.5.1991 is repugnant to the Injunctions of Islam. Same judgment delivered on 24.9.2001 in S.P.No.14-L-1994 Appeal has not filed.
Sh.P.No.32/I/1994

Muhammad Sharif Bhatti

Vs

Government of Pakistan

Filed petition for return the Dowry after divorce. Dismissed for non-prosecution.

Order dated; 28-2-1995.

Appeal has not filed.
Sh.P.No.32 /L/1994

Khyber Plastic and Polymer

Vs.

Govt: of Pakistan etc

Challenged Notification of the Federal Government S.R.O No. 421(1)/1991 dated 9.5.1991 is repugnant to the Injunctions of Islam. Same judgment delivered on 24.9.2001 in S.P.No.14-L-1994 Appeal has not filed.
Sh.P.No.33/L/1994

Muhammad Younas

Vs.

Province of Punjab

Linked with

Sh.P.No.16/L/1999

Petition has challenged Section 34(2) of the Punjab pre-emption Act, 1991against the Injunctions of Islam. This petition is pending in the Federal Shariat Court. Appeal has not filed.
Sh.P.No.33/I/1994

S.K. Aurangzeb & others

Vs

D.G.F.W.O. & others

Petition for revision of the Service Rule and Regulation of Civilian employees of Frontier works Organization Dismissed for non-prosecution.

Order dated; 8-12-1997.

Appeal has not filed.
Sh.P.No.34/I/1994

Babar Awan

Vs

Federation of Pakistan etc

Challenged the Rule No. 72(a) of the Rules of Business (Functioning of the Parliament, Majlis-e-Shura (National Assembly as well as Senate of Pakistan) is repugnant to the Injunctions of Islam. Dismissed as withdrawn.

Order dated; 28-2-1995

Appeal has not filed.
Sh.P.No.35/I/1994

Ahmed Yar

Vs

The Government of Pakistan

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.

Appeal has not filed.
                               1995
S.P.No.1/I/1995

Jamsheed A Hameed

Vs.

Govt: of Pakistan

Civil Servants Act, 1973 & 1974 Dismissed in default for non prosecution on 22.11.2000 Appeal has not filed.
Sh.P.No.1/L/1995

Muhammad Nazir Cheema

Vs.

Islamic Republic of Pakistan.

Challenged the 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 being repugnant to injunctions of Islam. Dismissed in limine on 10.12.1995 for want of jurisdiction and the petition is incompetent. Appeal has not filed.
S.P No.01–P/1995

Shahabuddin Barq Vs.

Peshawar High Court

Judgment passed by Peshawar High Court on 29.3.1995 regarding recovery of interest challenged being repugnant to injunctions of Islam Dismissed in limine on 3.12.1995 as the matter is out of jurisdiction of this Court Appeal has not filed.
S.P.No.2/I/1995

Haji Muhammad Ayub

Vs.

Federation of Pakistan

Section III(h) of transfer of Property Act, 1882 Dismissed as withdrawn on 27.11.1995 Appeal has not filed.
Sh.P.No.2/ L/1995

Maj (Retd) Moen-ud-Din Qureshi etc

Vs.

Islamic Republic of Pakistan

Challenged sections 90, 119 and 126 of the Pakistan Army Act, 1952 and section 277(d) of the Army Regulations Volume II (Instructions), 1991 being repugnant to injunctions of Islam. Dismissed in limine on 29.11.1995 for want of jurisdiction. Appeal not filed
S.P.No.02/K/1995

Suhail Hameed

Vs.

Federation of Pakistan

Declaration that judgment passed by Supreme Court in Cr.A.No.11/1978 Zulfiqar Ali Bhutto Vs. The State challenged being repugnant to injunctions of Islam Dismissed on 31.7.2001 that the Hon’ble Court did not find any force in this petition. Appeal has not filed.
S.P.No.3/I/1995

Qazi Khalid Ali etc Vs.

Federation of Pakistan

Personal grievance Dismissed in limine on 12.12.1995 as the petitioner has not challenge any law Appeal has not filed.
Sh.P.No.3/L/1995

Arshad Ali

Vs.

Agricultural Development Bank of Pakistan etc

Challenged Rules 15, 17 and 22 of the Agricultural Development Bank Ordinance, 1961 being repugnant to injunctions of Islam. Dismissed in limine on 03.12.1995 for want of jurisdiction. Appeal has not filed.
Sh.P.No. 3/K/1995

Qari Khurshid Ahmed

Vs

Federation of Pakistan etc

Challenged.

1- Television Broadcast Receiving Satellite Antenna (Possession and Licensing) Rules, 1991.

2- Section 10 of the Wireless Telegraphy Act, 1933 is repugnant to the Injunction of Islam.

Dismissed in limine.

The Petitioner has not pointed out any provision in the impugned Rule which was against the Injunctions of Islam.

Order dated; 12-12-1995

Appeal has not filed.
S.P.No.4/I/1995

M.Kokab Iqbal etc Vs.

Govt: of Pakistan

Linkedwith

 

 

 

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

Linkedwith

 

Sh.P.No.2/I/1998

Pirzada Iftikhar Ahmad

Vs…

Govt. of Pakistan

O.M.No.F.1(9)Imp./94 dt:26.3.1994 and O.M.No.F.1(2)/Imp./94 dt: 15.6.1994 issued by Finance Division   as repugnant to the Injunctions of Quran and Sunnah

O.M.No.F.1(9)Imp./94 dt:26.3.1994 and O.M.No.F.1(2)/Imp./94 dt: 15.6.1994 issued by Finance Division   as repugnant to the Injunctions of Quran and Sunnah

Petitioner to grant ad-hoc increase to old age pensioner

Para 1(IV) of Ministry of Finance O.M.No.(4) F.12(2) Ri/53 dt: 24.3.1954

The discrimination between old and new pensioners

Dismissed for non-prosecution on 30.5.2007

Disposed of as infructuous on 12.9.2007, as the Hon. Supreme Court has already decided this matter.

Disposed of as infructuous on 12.9.2007, as the Hon. Supreme Court has already decided this matter.

Disposed of as infructuous on 12.9.2007, as the Hon. Supreme Court has already decided this matter.

Disposed of as infructuous on 12.9.2007, as the Hon. Supreme Court has already decided this matter.

Appeal has not filed.
S.P.No.4/L/1995

Pakistan Tehrike-e-Inqalab

Vs.

Govt: of Pakistan etc

Challenged Sections 337, 338 and 339 C.R.P.C and Article 16 Qanoon-Shahadat, 1984 being repugnant to injunctions of Islam. Dismissed as having been withdrawn on 13.12.1995 Appeal has not filed.
Sh.P.No. 4/K/1995

Mrs. Nilofar Maria

Vs

Federal Government of Pakistan etc

Section 4, 5 and 52(2) of the Parsi Marriage and Divorce Act, 1936. Disposed of as withdrawn.

Order dated; 6-2-2007.

Appeal has not filed.
S.P.No.5/L/1995

Syed Yousaf Mehdi Naeem

Vs.

Federal Government

Challenged section 4 of Muslim Family Laws, 1961 being repugnant to injunctions of Islam. Disposed of on 5.1.2000 in terms of the judgment delivered in S.P.No.29-I-1993. Appeal has not filed.
S.P.No5/I/1995

Shuja Ali Khan etc Vs. Federation of Pakistan

Section 83 in sub section 4(a) (b) (c) of Income Tax Ordinance, 1979 Dismissed as withdrawn on 4.12.1995 Appeal has not filed.
Sh.P.No.6/L/1995

Khalid Hussain

Vs.

House Building Finance Corporation etc

Challenged the provision of section 24(8) of House Building Finance Corporation Act, 1952 being repugnant to injunctions of Islam. Disposed of on 18.9.2007 in compliance with the judgment and order of the Shariat Appellate Bench of Supreme Court reported in PLD 2000 SC 762(S.P.No.22-L-1992) Appeal has not filed.
S.P.No.6/I/1995

Col. Muhammad Akram (Retd)

Vs.

Federal Government of Pakistan

Review Shariat Petition   in FSC Judgment dt: 13.10.1983 in SSM No.85-I-1982 Withdrawn on 27.5.2008 Appeal has not filed.
Sh.P.No.7/L/1995

Haji Rana Muhammad Shabir Ahmad Khan

Vs.

Federal Government of Pakistan

Challenged the provisions of section 4 of Muslim Family Laws, 1961 being repugnant to injunctions of Islam. Disposed of on 5.1.2000 in terms of the judgment delivered in S.P.No.29-I-1993. Appeal has not filed.
S.P.No7/I/1995

M.Khokab Iqbal etc Vs. Govt: of Pakistan

Sections 7(1), 7(2), 7(3) & 7(6) of Muslim Family Laws Ord: 1961 Disposed of on 5.1.2000 , as the reason recorded in the detailed judgment of even date in S.P.No.29-I-93 Appeal has not filed.
Sh.P.No.8/L/1995

Muhammad Saeed etc

Vs.

House Building Finance Corporation etc

Challenged section 4(2) of the House Building Finance Corporation Act, 1952 being repugnant to injunctions of Islam. 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)

Appeal has not filed.
S.P.No.8/I/1995

Syed Shoaib Ahmed Bukhari Vs. Federation of Pakistan and another

Personal grievance Dismissed in limine on 12.12.1995 for want of jurisdiction Appeal has not filed.
S.P.No.9/L/1995

Haji Zulfiqar Ali

Vs.

National Industrial Finance Corporation etc

Praying that under section 4(2) the provisions of Co-operative 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 Dismissed in limine on 03.12.1995 for want of jurisdiction Appeal has not filed.
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

 

Pakistan Army Act, Pakistan Navy Ordinance and Pakistan Air force Act

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.

Dismissed as withdrawn on 29.11.1995 , to file a review petition

Same Order Sh.P.NO.9/I/1995

Appeal has not filed.
S.P.No.10/I/1995

Col. Muhammad Akram (Retd) Vs. Federation of Pakistan etc

Linked with

S.P.No.9/I/1995

 

 

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. Dismissed as withdrawn on 29.11.1995 , to file a review petition Same Order Sh.P.NO.9/I/1995 Appeal has not filed.
Sh.P.No.10/L/1995

Ch.Abdul Rehman Vs. Federal Government of Pakistan

Challenged the provisions of section 34 of the Drug Act 31 of 1976 as repugnant to the injunctions of Islam. Dismissed on 26.1.1999 without any substance. Appeal has not filed.
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

The Presidents Pensions (amendment) Ord: 1994

The Presidents Pensions (amendment) Ord: 1994

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

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

Appeal has not filed.
S.P.No.12/I/1995

M.Khokab Iqbal etc Vs. Federation of Pakistan and another

Linked with

S.P.No.11/I/1995

The Presidents Pensions (amendment) Ord: 1994 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. Appeal has not filed.
Sh.P.No.13/I/1995

Syed Muhammad Jamal-ud-Din Kazmi

Vs

Federation of Pakistan

Challenged Section 7 of Oath’s Act, 1873 (Hereinafter called “The Act”) is Repugnant to the Injunctions of Islam. 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.

Appeal has not filed.
S.P.No.15/I/1995

Munsif Khan

Vs.

Federal Govt:

Section 4 of the Muslim Family Laws, Ord: 1961 Disposed of on 5.1.2000 in terms of detailed judgment of even date recorded in S.P.No.29/I-1993 Appeal has not filed.
S.P.No.16/I/1995

Iqbal Ali Zaidi

Vs.

Secy: M/O Law Islamabad

Personal grievance Dismissed in limine on 3.12.1995 Appeal has not filed.
S.P.No.17/I/1995

Syed Shakhoul Hassan

Vs.

Federation of Pakistan and another

Personal grievance Dismissed in limine on 3.12.1995 for want of jurisdiction Appeal has not filed.
S.P.No.18/I/1995

Mehdi Hassan & Sardar Ahmed Abidi Adv.

Vs.

Federation of Pakistan

Section 4 of the Muslim Family Laws, Ord: 1961 Disposed of on 5.1.2000 in terms of detailed judgment of even date recorded in S.P.No.29/I-1993 Appeal has not filed.
S.P.No.19/I/1995

Qutabuddin

Vs.

Govt. of Pakistan

Section 4 of the Muslim Family Laws, Ord: 1961 Disposed of on 5.1.2000 in terms of detailed judgment of even date recorded in S.P.No.29/I-1993 Appeal has not filed.
S.P.No.20/I/1995

Nawab Industries Vs.

Federation of Pakistan

Section 8(2) of Banking Companies (Recovery of Loans) Ordinance Dismissed in limine on 3.12.1995 as the matter agitated in this petition is a personal grievance Filed in the Supreme Court
S.P.No.21/I/1995

Qari Khurshid Ahmad

Vs.

Federation of Pakistan

Section 4 – 7 of the Muslim Family Laws, Ord: 1961 Disposed of on 5.1.2000 in terms of detailed judgment of even date recorded in S.P.No.29/I-1993 Appeal has not filed.
Sh.Misc.Appl. No. 21/I/1995

Master Ejaz Hussain

Vs.

Govt. of Pakistan

Section 4 – 7 of the Muslim Family Laws, Ord: 1961 Dismissed on 28.8.2009, because it sought a general survey of Prison discipline. No provision of law was challenged on the touchstone of injunctions of Islam Appeal has not filed.
S.P.No.22/I/1995

Bashir Ahmad

Vs.

ADBP and another

Personal grievance Dismissed on 30.6.1997 as no one has appeared before the Court Appeal has not filed.
S.P.No.23/I/1995

Abdur Rab Jafari and others

Vs.

President of Pakistan and others

Article 2-62 and 63 of the Constitution of Islamic Republic of Pakistan (Regarding Oath of Office) Dismissed in limine on 31.3.1998 for want of jurisdiction Appeal has not filed.
1996
S.P.No.1/I/1996

Syed Iqbal Ali Zaidi Vs.

Secy. M/o Law, Islamabad.

Sec.8(2),8(2)(a) of Banking Companies (Recovery of Loan)Ordinance,1979 Disposed of as withdrawn on 30.6.1997, in view of the repeal of law which has been questioned through this petition. Appeal has not filed.
Sh.P.No.01/L/1996

Muhammad Ishaq Vs.
HBFC etc

HBFC Act regarding recovery of interest challenged being repugnant to injunctions of Islam. 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 Appeal has not filed.
Sh.P.No.1/K/1996

Sohail Hameed

Vs

Federation of Pakistan

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) Dismissed.

The Court has not found any force in this petition.

Judgment dated; 30-7-2001

Appeal has not filed.
Rew.Sh.P.No.1/K of 1996

Sohail Hameed

Vs

Federation of Pakistan

Challenged the Court Judgment dated 13-10-1983 on Suo-Moto Examination of Pakistan Army Act, 1952 and to declare sections 24(a) and (b) as repugnant to the Inunctions of Islam. Dismissed the petition has been filed 90 day barred by 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

Appeal has not filed.
Sh.P.No.02/L/1996

Noor Muhammad Vs.

ADBP etc.

Interest Act, 1839 and ADBP Rule 1961 challenged being repugnant to injunctions of Islam. Dismissed for non-prosecution on 30.6.1997. Appeal has not filed.
Sh.P.No.2/K/1996

Nawab Syed Khurshid Hyder Rizvi

Vs

Government of Pakistan

Challenged the requirement of Photographic of the female of Citizen of Pakistan for NIC for the preps of issue of Passport. That a affixation to photographs of a woman on NIC or passport as repugnant to the Injunctions of Islam. Dismissed in limine.

1. The Petitioner has died.

2. The Court has already been examined this matter reported in PLD 1992-FSC-36.

Order dated; 8-5-2000.

Appeal not filed
S.P No.02/P/1996

Roghani Gul

Vs.

Fed: of Pakistan

Section 4 to 7 of Muslim Family Law Ord. 1961 challenged being repugnant to injunctions of Islam Final order of this Court as well as original petition is not placed in the file. Appeal filed in the Hon’ble Supreme Court of Pakistan.
Sh.P.No.03/L/1996

M/S Waqas Cloth House etc.

Vs.

N.B.P.L etc

Recovery of bank interest from petitioner (personal grievance regarding recovery of interest) challenged being repugnant to injunctions of Islam. Dismissed for non-prosecution on 30.6.1997. Appeal has not filed.
S.P.No.4/I/1996

Muhammad Mushtaq Vs. Federation of Pakistan

Sec.4 of Muslim Family Laws Ord.1961 Disposed of 5.1.2000 in terms of the said judgment delivered in S.P.No.29-I-1993 Appeal not filed
Sh.P.No.04/L/1996

Rehmani Hardwar Store & others

Vs.

N.B.P.L

Recovery of bank interest from petitioner (personal grievance regarding recovery of interest) challenged being repugnant to injunctions of Islam. 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). Appeal has not filed.
S.P.No.5/I/1996

Mrs. Marry-el-Effendi

Vs.

Fed. Govt. of Pakistan and another

General Order by the Governor General in Council No.179 Dismissed for non-prosecution on 7.7.1997 Appeal not filed
Sh.P.No.05/L/1996

Shaikh Azmat Ali etc. Vs. Govt. of Pakistan etc.

Section 4 of Land Acquisition Act, 1894 challenged being repugnant to injunctions of Islam. Disposed of as not pressed on 09.6.1998. Appeal has not filed.
S.P.No.6/I/1996

Mubarak Khan etc Vs.

Federal Govt. of Pakistan

Sec.4 of the Muslim Family Laws Ord.19961 Disposed of 5.1.2000 in terms of the said judgment delivered in S.P.No.29-I-1993 Appeal not filed
Sh.P.No.06/L/1996

Abdul Bari

Vs.

ADBP & others

Recovery of bank interest from petitioner (personal grievance regarding recovery of interest) challenged being repugnant to injunctions of Islam. Dismissed in limine having no merits on 30.6.1997 as the Court had already decided the subject matter of this law vide PLD 1992 FSC 1 Appeal not filed
S.P.No.7/I/1996

Muhammad Usman Ali

Vs.

Govt. of Pakistan

Notification No.F.2(10)ADG (R & R)/78 dated 1.12.1992 issued by M/o religious Affairs regarding correct spelling of word Mohammed (S.A.W) Dismissed for non-prosecution on 18.11.1998 Appeal not filed
Sh.P.No.07/L/1996

Shah Zaman Haider Gurmani

Vs.

Federation of Pakistan

HBFC Act, 1952 and its regulations thereunder 1979 challenged being repugnant to injunctions of Islam. Dismissed in limine vide Court order dated 30.6.1997 as the Court had already examined these laws reported as PLD 1992 FSC 501. Appeal has not filed.
S.P.No.8/I/1996

Rukhshanda Zareen Miraj Munir

Vs.

Govt. of Pakistan

Personal relief Dismissed on 7.7.1997 for want of jurisdiction Appeal not filed
Sh.P.No.08/L/1996

Muhammad Rafi etc.

Vs.

Federation of Pakistan etc.

Section 163 of Qanoon-e-Shahadat of 1984 challenged being repugnant to injunctions of Islam. 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. Appeal has not filed.
S.P.No.9/I/1996

Shahid Aurak Zai Vs.

The State

Challenged varies of judgment dated 24.3.1996 by a Full Bench of Hon. S .C, in al-Jihad Trust Vs. Federation of Pakistan Dismissed on 28.3.2002 for want of jurisdiction Appeal not filed
Sh.P.No.09/L/1996

M/S Abdul Shakoor Salim & Co.

Vs.

N.B.P.L etc.

Section 8(2) (3) of Banking Companies (Recovery of Loans) Ordinance, 1979 regarding recovery of interest challenged being repugnant to injunctions of Islam. In view of the decision of this Court in Dr. Mehmood-ur-Rehman Faisal Vs. Secretary Law and Justice vide PLD 1992 FSC page 1, petitioner did not press this petition and withdrew the same on 8.6.1998. Appeal has not filed.
S.P.No.10/I/1996

Mehdi Hassan Musa Vs. Federation of Pakistan

Sec.4 of Muslim Family laws Ord.1961 Disposed of 5.1.2000 in terms of the said judgment delivered in S.P.No.29-I-1993 Appeal not filed
Sh.P.No.10/L/1996

Asghar Ali

Vs.

ADBP etc.

Recovery of bank interest from petitioner (personal grievance) regarding recovery of interest challenged being repugnant to injunctions of Islam. In view of the decision of this Court in Dr. Mehmood-ur-Rehman Faisal Vs. Secretary Law and Justice vide PLD 1992 FSC page 1, petitioner did not press this petition and withdrew the same on 8.6.1998. Appeal has not filed.
S.P.No.11/I/1996

Khalil Ahmad

Vs.

Federation of Pakistan

Sec.4 of Muslim Family laws Ord.1961 Disposed of 5.1.2000 in terms of the said judgment delivered in S.P.No.29-I-1993 Appeal not filed
S.P.No.12/I/1996

Muhammad Nawaz Vs.

ADBP

Against Interest Disposed of as withdrawn on 19.5.1999 Appeal has not filed.
S.P.No.13/I/1996

Syed Niaz Hussain Shah

Vs.

Federation of Pakistan and another

Sec.4 of Muslim Family laws Ord.1961 Disposed of 5.1.2000 in terms of the said judgment delivered in S.P.No.29-I-1993 Appeal has not filed.
                               1997
Sh.P.No.1/I/1997

Saleem Mehmood Chehl

Vs

President of Pakistan

Challenged that the creation existence and constitution of Federal Shariat Court   declared as repugnant to the Injunctions of Islam. Dismissed. The Court has no jurisdiction to Entertain and here this petition.

Order dated; 15-6-1999

Appeal has not filed.
Sh.P.No.01/L/1997

Mufti Ghulam Sarwar Qadri

Vs.

Federation of Pakistan etc.

Linked With

Cr.Misc.No.04/I of 1997

Article 91 of Constitution of Pakistan and rule of a woman challenged being repugnant to injunctions of Islam. Dismissed having no jurisdiction on 17.2.2000. Appeal has not filed.
S.P.No.01/B–L/1997

Habibullah Vs. Muhammad Aslam Rizvi

Fatwa regarding declaring Habibullah as non-Muslim on the ground that he used contemptuous remarks about the Holy Prophet (P.B.U.H) challenged being repugnant to injunctions of Islam The fatwa does not come under the definition of law as such it is out of jurisdiction and disposed of as such vide order dated 19.2.1997 Appeal not filed
Sh.P.No.1/K/1997

Masood Ali Rizvi

Vs

Government of Pakistan etc

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. Dismissed in limine on 30.7.2001 as this Court cannot declare the decision of observance of Sunday as public Holiday void and repugnant to injunctions of Islam. Appeal not filed
Sh.P.No.2/I/1997

Mushtaq Ahmed

Vs

The Ministry of Law etc

Linked With

Sh.P.No.3/I/1997

Challenged Section 19(3) of the Income Tax Ordinance, 1979. (Exemption of Rent in respect of self owned House). Dismissed.

The entire income Tax Ordinance has been repaid.

Order dated; 6-6-2007.

Appeal has not filed.
Sh.P.No.2/K/1997

Syed Iqbal Haider

Vs

The Federal Government of Pakistan

Marriage (Prohibitions of Wasteful Expenses) Ord. 1997 challenged being repugnant to injunctions of Islam Disposed of as having become infructuous.

Order dated; 6-12-1999

Appeal not filed
Sh.P.No.02/L/1997

M/S Jasam Col Industries Pvt. Ltd Vs.

I.D.B.P

The Banking Companies (Recovery of Loan, Advance, Credit and Finance) Act, 1997, Banking Companies Ord. 1984 regarding recovery of interest challenged being repugnant to injunctions of Islam. Dismissed in limine as well as on merit as the Banking Companies Ord. 1984 has been rendered infructuous in view of the repeal of said ordinance vide Court order dated 30.6.1997. Appeal has not filed.
Sh.P.No.3/I/1997

Abdul Hameed Khan

Vs

The Ministry of Law etc

Linked With

Sh.P.No.2/I/1997

Challenged Section 19(3) of the Income Tax Ordinance, 1979. (Exemption of Rent in respect of self owned House). Dismissed.

The entire income Tax Ordinance has been repaid.

Order dated; 6-6-2007.

Appeal has not filed.
Sh.P.No.03/L/1997

Nazir Ahmed

Vs.

General Manager HBFC etc.

HBF Ord. challenged being repugnant to injunctions of Islam. Disposed of as withdrawn 30.6.1997. Appeal not filed
Sh.P.No.4/I/1997

Muhammad Azam Khan

Vs

Federation of Pakistan

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. Dismissed in limine.

The Court observes that no such relief can be allowed by this Court.

Order dated; 30-6-1997.

Appeal not filed
Sh.P.No.04 /L/1997

Mst. Sharifan etc.

Vs.

Federation of Pakistan etc.

Section 4 of Muslim Family Law Ord. 1961 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. Appeal has not filed.
S.P.No.04/Q/1997

Ghulam Kibria Vs. Fed: of Pakistan

Awarding of Rajm punishment in cases of Zina (Enforcement of Hudood) Ord. 1979 challenged being repugnant to injunctions of Islam Dismissed on 14.4.1981 being infrucutuous as the cases of similar nature have already been examined by this Court. Appeal not filed
Sh.P.No.5/I/1997

Muhammad Anwar Mughal

Vs

Government of Pakistan

Challenged Civil Servant Medical Attendance Rules 1980 para 2(d) whereby only one wife has been made entitled for medical Treatment. Disposed of as withdrawn.

The matter has already been decided by Supreme Court of Pakistan.

Order dated; 10-12-1997

Appeal not filed
Sh.P.No.05/L/1997

Hafiz Ubaid-ur-Rehman

Vs.

Government of Pakistan

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 by the consent of parties and by way of withdrawal on 28.2.2007 Appeal has not filed.
Sh.P.No.6/I/1997

Dr. M.Aslam Khaki

Vs

Federation of Pakistan

Challenged Section 10(2) of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979. Disposed of as withdrawn because the Woman protection Act, 2006 has been made.

Order dated; 07-05-2008.

Appeal not filed
Sh.P.No.06/L/1997

Bashir Ahmed

Vs.

Government of Punjab

Linked with

40/L/1992

Challenged Section 5 and 6 of Punjab Tenancy Act 1887 be declared repugnant to the injunctions of Holy Quran and Holy Sunnah. Dismissed as withdrawn on 16.2.2000. Appeal has not filed.
Sh.P.No.7/I/1997

Abdul Ghafoor & another

Vs

Government of Pakistan

Along with

Sh.Misc.App.No.26/I of 1997

Challenged Section 15 of Punjab Pre-emption Act, 1991.

Application for restoration of appeal.

Dismissed for non-prosecution.

Order dated; 9-12-1997

Dismissed for non-prosecution.

Order dated; 31-3-1998.

Appeal not filed
Sh.P.No.07/L/1997

Ghulam Fatima etc. Vs.

Muhammad Hussain etc.

Deprivation of right from inherent Property challenged being repugnant to injunctions of Islam. Hon’ble 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. Appeal has not filed.
Sh.P.No.8/I/1997

Nazar S. Bhatti

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. Disposed of as withdrawn.

Order dated; 9-7-1997.

Appeal not filed
Sh.P.No.08/L/1997

Muhammad Yasin etc.

Vs.

A.D.B.P & others

Recovery of interest on loan challenged being repugnant to injunctions of Islam. Disposed of as withdrawn on 8.6.1998 Appeal has not filed.
Sh.P.No.9/I/1997

Shoaib Barlas

Vs

Government of Pakistan

Challenged Section 6(2),(b) of the Electrol Rolls Act, 1974 Dismissed for non-prosecution.

Order dated; 23-4-2007.

Appeal not filed
Sh.P.No.9/L/1997

Muhammad Ashiq

Vs

ADBP etc

Recovery of interest on loan challenged being repugnant to injunctions of Islam. Disposed of as withdrawn on dated 8-6-1998. Appeal not filed
Sh.P.No.10/I/1997

Muhammad Amir & others

Vs

Government of Pakistan

Section 4 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; 05-01-2000.

Appeal has not filed.
Sh.P.No.10/L/1997

Mst. Sharam Mahi

Vs

ADBP

Recovery of interest on loan challenged being repugnant to injunctions of Islam. Disposed of as withdrawn on 8.6.1998 Appeal not filed
Sh.P.No.12/I/1997

Dr. Muhammad Yaqoob Bhatti

Vs

Government of Pakistan

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. Disposed of as having become In fructuous.

Order dated; 6-12-1999.

Appeal has not filed.
Sh.P.No.13/I/1997

Muhammad Nawaz Baluch

Vs

Government of Pakistan etc

Challenged Section 160 of the Pakistan Air Force Act, 1953. Dismissed for non-prosecution.

Order dated; 26-5-1999.

Appeal has not filed.
Sh.P.No.14/I/1997

Capt(R) Mukhtar Ahmed Sheikh

Vs

Federal Government of Pakistan

Challenged Revised Leave Rules 3, 16, 17, 19, 31 of 1980. Dismissed for non-prosecution.

Order dated; 23-10-2008

Appeal has not filed.
Sh.P.No.15/I/1997

Syed Zakir Hussain Shah

Vs

Federation of Pakistan

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 Disposed of as withdrawn.

Order dated; 26-5-1999.

Appeal has not filed.
Sh.P.No.16/I/1997

Sajjad Ahmed Javed Bhatti

Vs

Federation of Pakistan

Challenged Section 2(16) and Section 4 of the Wealth Tax Act, 1963. Dismissed as withdrawn.

Order dated; 17-5-1999.

Appeal has not filed.
Sh.Misc.Appl. No. 16/I/1997

Master Ejaz Hussain

Vs.

The State

Rules 225, 242, 243, 244, 45,248,249 of Chapter 9 entitled. The Classification and Separation of Prisoners. Rules 250,252,253,254,255,256,257,261,262,263,264,266,267 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. This application has borne fruit that this prohibition has been declared violative of the injunctions of Islam Appeal has not filed.
Sh.P.No.17/I/1997

Mr. Kowkab Iqbal

Vs

Government of Pakistan

Challenged Section 7(4) Contempt of Court Act, 1976. Dismissed for non-prosecution. This Court has already been examined this point on 12-10-1983 in his Judgment.

Order dated; 12-2-2002.

Appeal has not filed.
Sh.P.No.18/I/1997

Maulana Muhammad Afzal

Vs

The State

Challenged Section 3 of Contempt of Court Act, 1976. Dismissed for non-prosecution

Order dated; 9-12-1999.

Appeal has not filed.
Sh.P.No.19/I/1997

Mehboob Ahmed Javed

Vs

Government of Pakistan

Challenged section 2(IX) Dissolution Muslim Marriages Act, 1939. Dismissed for non-prosecution.

Order dated; 22-5-2008.

Appeal has not filed.
Sh.Misc.Appl. No. 19/I/1997

Capt.(Retd) Mukhtar Ahmed sheikh Vs. The Govt .of Pakistan

Rules 225, 242, 243, 244, 45,248,249 of Chapter 9 entitled. The Classification and Separation of Prisoners. Rules 250,252,253,254,255,256,257,261,262,263,264,266,267 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 in so far as they related to the question of classification of prisoners. Appeal has not filed.
Sh.P.No.20/I/1997

Muhammad Rasheed

Vs

Federal Government of Pakistan

Challenged Rule (4-1) and (8-vi) section 7-A Federal Public service Commission Ord. 1977. Dismissed in limine.

This Court observes that the system of FPSC is not repugnant to the Injunctions of Islam.

Order dated; 8-12-1997.

Appeal has not filed.
Sh.P.No.21/I/1997

Amir Alam Notikani

Vs

Government of Punjab

Challenged the letter No. Punjab Agricultural Development & Supplies Corporation/9064/DM-RYK /3353-57 dated 3-10-1997 (payment of Markup an L.D charges (relating Interest)). Disposed of as withdrawn.

Order dated; 23-6-1998.

Appeal has not filed.
Sh.P.No.22/I/1997

Raja Muhammad Afzal

Vs

Government of Pakistan

Application against the Election of President. Disposed of as with drawn.7.1.1998 Appeal has not filed.
Sh.P.No.23/I/1997

Malik Abdur Rehman

Vs

Government of Pakistan

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. Dismissed as withdrawn.

Order dated; 28-3-2000.

Appeal has not filed.
                                1998
S.P.No.1/I/1998

Raja Muhammad
Afzal

Vs.

Chief Election Commissioner etc

Article 41(3) and Article 1 to 22 constitution Islamic Republic of Pakistan regarding president of Pakistan. Petitioner praying that the Hon’ble Court may kindly be declared the Article 47 (1 to 8) Article 248(1 to 4) is being repugnant to the Injunctions of Islam. Dismissed in limine on dated 28-3-2000. Filed in the Supreme Court of Pakistan and dismissed on dated 5-12-1997.
Sh.P.No.1/L/1998

Khalid Iqbal

Vs.

The Secretary, Ministry of Law etc

Challenged section 4 of Muslim Family Laws Ordinance, 1961 being repugnant to injunctions of Islam. Disposed of on 5.1.2000 in the terms of the judgment delivered in S.P.No.29/I-1993 Appeal has not filed.
Sh.P.No.01/K/1998

Burhanuddin Pathan

Vs.

ADBP etc.

Provisions of ADBP Ord. 1961 regarding recovery of interest challenged being repugnant to injunctions of Islam. Dismissed as withdrawn on 19.11.1998. The Hon’ble Court has already examined this law in the case of Mehmood-ur-Rehman Faisal Vs. Secretary Law & Justice reported as PLD 1992-FSC 1 Appeal has not filed.
S.P No.01/P/1998

Farooq Ahmed

Vs.

Fed: of Pakistan

Pakistan Air Force Act, 1953 regarding dismissal from service challenged being repugnant to injunctions of Islam. Dismissed as withdrawn on 11.3.1999 Appeal not filed
Sh.P.No.2/L/1998

M.Ghulam Hussain Sial

Vs.

Federal Govt: of Pakistan

Challenged section 4 of Muslim Family Laws Ordinance, 1961 being repugnant to injunctions of Islam. Disposed of on 5.1.2000 in the terms of the judgment delivered in S.P.No.29/I-1993 Appeal not filed
S.P.No.3/I/1998

Z.A. Sheikh

Vs.

Government of Pakistan

Personal grievance regarding sale of price bond Numbers. Petitioner praying that the Hon’ble Court may kindly be declared as being repugnant to the Injunctions of Islam. Disposed of on dated 6-12-1999. Appeal has not filed.
Sh.P.No.3/L/1998

Rana Sardar Ahmad Vs.

Federation of Pakistan and another

Recovery of interest on loan challenged being repugnant to injunctions of Islam. 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. Appeal not filed
S.P.No.4/I/1998

Raja Muhammad
Afzal

Vs.

Justice Syed-u-Zaman Siddique

Regarding oath of Supreme Court Judges Article 178, Article 203(B) (C) constitution of Islamic republic of Pakistan. Dismissed in limine on dated 28-3-2000. Appeal not filed
Sh.P.No.4/L/1998

Muhammad Irshad Vs.

ADBP etc

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-ur- Rahman Faisal Vs. Secty: Ministry of Law, Justice and Parliamentary Affair, Govt: of Pakistan and other reported as PLD 1992 FSC pg1. Appeal not filed
S.P.No. 5/I/1998

Abdul Hadi

Vs.

Suleman Bhatti etc

Personal grievance regarding Civil Suit. Dismissed on dated 24-6-1998. Appeal in filed in the Supreme Court of Pakistan and dismissed on dated 27-2-2004
S.P.No.5/L/1998

Dr. Abdul Basit

Vs.

Government of Pakistan 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 Dismissed on 17.2.2000 for want of jurisdiction. Appeal filed in the Hon’ble Supreme Court of Pakistan and dismissed for Non-prosecution on dated 18-12-2005.
S.P.No.6/I/1998

Muhammad Ilyas Farooq Bhatti

Vs.

Federation of Pakistan

Regarding Interest of House Building Finance Corporation. Disposed of on dated 23-6-1998. Appeal not filed
S.P.No.6/L/1998

Ghulam Hussain

Vs.

Muhammad Iqbal etc

The Petitioner has challenged that the mother and daughter cannot consumed with one husband (respondent) seeking prosecution and punishment of respondent. Dismissed as withdrawn on 26.1.1999, so as to avail of the remedy before the High Court. Appeal has not filed.
Sh.P.No.7/I/1998

Capt,(Retd)Mukhtr Ahmed Sheikh

Vs

The Government of Pakistan

Challenged Article 151(4) of the Qanoon-e-Shahadat Order 1984. Allowed.

This court has declared that Article 151(4) of the Qanoon-e-Shahadat Order 1984.

Judgment dated; 11-2-2009

Appeal has not filed.
Sh.P.No.7/L/1998

Mian Ghulam Murtaza

Vs.

Federation of Pakistan

Hiba- Bill-Sharat-Ul-Iwaz is repugnant to the injunctions of Islam. Dismissed for non prosecution on 25.7.2007. Appeal has not filed.
S.P.No.8/I/1998

Humayun Iqbal Shami

Vs.

Federation of Pakistan

Regarding recruitment rules notified vide SRO- 42(KE)/88 dated 26-4-1988. Dismissed on date 9-10-2000. Appeal is filed in the Supreme Court of Pakistan and dismissed on dated 18-5-2009.
Sh.P.No.8/L/1998

M.S Ali Cotton Factory etc

Vs.

National Bank of Pakistan etc

Recovery of interest with markup on loan challenged being repugnant to injunctions of Islam. Disposed of as withdrawn on 27.1.1999, so as to avail the remedy of stay of the recovery before the court before which the proceedings are now pending in appeal. Appeal has not filed.
S.P.No.9/I/1998

Abdul Majeed Abbasi

Vs.

Government of Pakistan

Challenged citizenship Laws regarding Quadianis. Dismissed for non-Prosecution on dated 17-5-1999. Appeal not filed
Sh.P.No.9/L/1998

Muhammad Ahmad Vs.

ADBP etc

To declare the provisions of interest Act, 1839 and ADBP Rules 1961 as repugnant to the injunctions of Islam. Disposed of as withdrawn on 27.1.1999, so as to avail the remedy before an appropriate court Appeal has not filed.
S.P.No.10/I/1998

Muhammad Ashraf Qureshi & another

Vs.

Federation of Pakistan

Section 4 of Muslim Family Laws Ordinance, 1961. Disposed of on dated 5-1-2000. Detail Judgment regarding Family Laws in sh.P.No.29/I-1993 Appeal not filed
Sh.P.No.10/L/1998

Mustafa Yousaf

Vs.

Small Business Finance Corporation etc

Recovery of interest with markup on loan challenged being repugnant to injunctions of Islam. Disposed of as withdrawn on 28.1.1999, so as to avail the remedy before an appropriate forum i.e. the High Court Appeal has not filed.
S.P.No.11/I/1998

Muhammad Ashraf Qureshi & another

Vs.

Federation of Pakistan

Section 7 of Muslim Family Laws Ordinance, 1961. Disposed of on dated 5-1-2000. Detail Judgment regarding Family Laws in Sh.P.No.29/I-1993. Appeal not filed
Sh.P.No.11/L/1998

Pervaiz Iqbal

Vs.

General Manager Punjab Provincial Co-Operative Bank Limited and two others

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. Disposed of as having not been pressed on 17.5.1999, 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. Appeal has not filed.
S.P.No.12/I/1998

Muhammad Ashraf Qureshi & another

Vs.

Government of Pakistan

Section 12, 2, 4 and 5 of the Child Marriage Restraint Act, 1929 The petition cannot proceed. The same is consigned to record on dated 29-4-2004. Appeal not filed
Sh.P.No.12/L/1998

Mirza M.Yasin

Vs.

NBP of Pakistan and the State

Recovery of interest with markup on loan challenged being repugnant to injunctions of Islam. Disposed of as withdrawn on 28.1.1999, so as to avail the remedy before an appropriate forum. Appeal has not filed.
S.P.No.13/I/1998

Muhammad Bashir

Vs.

Federation of Pakistan

Muslim Family Laws Ordinance, 1961 as being repugnant to the Injunctions of Islam. Disposed of withdrawn on dated 17-5-1999. Appeal not filed
Sh.P.No.13/L/1998

Shamim Ahmad Khan

Vs.

Federation of Pakistan etc

Praying for declaration that the rules framed by the Government with regard to the benefit of the deceased officers are against the Holy Quran, Sunnah and Islam. Disposed of as withdrawn on 28.1.1999, so as to avail the remedy before an appropriate forum Appeal has not filed.
S.P.No.14/I/1998

Haji Zardul Khan

Vs.

Government of Pakistan

Section 11, 8, 40, 21, 22, 30, 34 and 56 of Frontier Crime Regulation 1901 as being repugnant to the Injunctions of Islam. Disposed of withdrawn on dated 7-12-1999. Appeal has not filed.
S.P.No.15/I/1998

Copt(R) Mukhtar Ahmed Sh.

Vs.

Government of Pakistan

Section 4, 5, 8 and 10 of Pakistan citizenship Act, 1951being repugnant to the Injunctions of Islam. Disposed of withdrawn on dated 26-5-1999. Appeal not filed
S.P.No.16/I/1998

OGDC

Vs.

Federation of Pakistan

Section 34 of the Land acquisition Act, 1894 being repugnant to the Injunctions of Islam. Dismissed on dated 17-5-1999. Appeal not filed
S.P.No.18/I/1998

Syed Ahmed Hassan

Vs.

Government of Pakistan

Challenged Finance division OM No. F.6(c)/REG (6/91) dated 13-6-1991 regarding increase in grass pension. Dismissed for non-persecution on dated 7-5-2007. Appeal not filed
S.P.No.19/I/1998

Sakina Bibi etc

Vs.

The State

Section 2-A West Pakistan Muslim Personal (Shariat) Act.   (Amendment) Ordinance XIII of 1983. Dismissed for non-prosecution on dated 11-11-2008. Appeal not filed
S.P.No.20/I/1998

Senator Asif Ali Zardari

Vs.

Federation of Pakistan

Ethesab Act IX of 1997 being repugnant to the Injunctions of Islam. Dismissed withdrawn on dated 14-9-2000. Appeal not filed
S.P.No.21/I/1998

Saleem Mirza

Vs.

Federation of Pakistan

Petitioner prayed that Khula without the consent of the husband having force of Law through Judicial preachment in repugnant to the Injunctions of Islam. Dismissed for non Prosecution on dated 265-1999. Appeal not filed
S.P.No.22/I/1998

Raja Muhammad Afzal

Vs.

Federation of Pakistan

Article 2-B Shariat Bill as being repugnant to the Injunctions of Islam. Dismissed in limine on dated 28-3-2000. Appeal not filed
S.P.No.23/I/1998

Saleh Urari Dago Tanzanian etc

Vs.

Government of Pakistan

Para 27 Judgment of Federal Shariat Court dated 26-6-1990 in Criminal Suon moto No. 18/K of 1990 State Vs. Anwar Disposed of withdrawn on dated 9-12-1999. Appeal not filed
S.P.No.24/I/1998

Islam Hussain

Vs.

Federation of Pakistan

Challenged Section 27(B) of Banking Company Ordinance, 1962. Dismissed withdrawn on dated 31-7-2001. Appeal not filed
S.P.No.25/I/1998

S. M. Shafiq

Vs.

Mehtab Industries Limited

Regarding sale Tax reduces from 18% to 12.5% vides SRO No. 9026(1)/98 dated 1-12-1998. Dismissed withdrawn on dated 9-10-2000. Appeal not filed
S.P.No.26/I/1998

Master Ejaz Hussain

Vs.

Government of Pakistan

Regarding Services Rule. Disposed of on dated 5-6-2000. Appeal not filed
1999
S.P.No.1/I/1999

Ghulam Rabani

VS.

Government of NWFP etc

The petitioner has challenged the Custom (Riwaj Nama Bandobast-e-Qanooni, Hazara District promulgated on 17-4-1869 as being repugnant to the Injunctions of Islam. Dismissed for non-Prosecution on 13-3-2008. Appeal not filed
Sh.P.No.1/L/1999

Muhammad Khalid Vs.

The State

Challenged sub-section     ’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. Dismissed on 21.12.2001, being misconceived and devoid of force. Appeal has not filed.
Sh.P.No. 1/K/1999

Muhammad Mian Shafaq Siddiqui

Vs

Government of Pakistan etc

Provisions of Limitation Act whereby a suit cannot be filed when it is barred by time challenged being repugnant to injunctions of Islam. Dismissed the Court has not find any substance in the petition.

Order dated; 11-5-2007.

Appeal has not filed.
S.P No.01/P/1999

Mombar Bacha Vs. ADBP etc.

Interest Act, 1839 and ADBP Rules regarding recovery of interest challenged being repugnant to injunctions of Islam Disposed of as withdrawn on 8.3.1999 in view of the judgment of this Court passed in Dr. Mehmood-ur-Rehman Faisal Vs. Govt. of Pakistan reported as PLD 1992 FSC 1 Appeal not filed
S.P.No.2/I/1999

Haji Abdul Rahim Panezai

Vs.

The Federation of Pakistan

Petitioner has challenged section 4 of the Baluchistan Cancellation of illegal allotment of State Land Act 1996 as being repugnant to the Injunctions of Islam. Dismissed for Non-Persecution on 19-5-1999. Appeal not filed
Sh.P.No.2/L/1999

Khan Bahadar Sheikh Muhammad Naqi Waqf

Vs.

Federation of Islamic Republic of Pakistan etc

Challenged provisions of section 21 of the Wealth Tax Act, 1963 so far as these are applicable to Qaqf ul Aulad may very graciously be declared unlawful, without jurisdiction and of no legal effect being Injunctions of Islam. Disposed of as withdrawn on 25.9.2001 the wealth Tax which have been Challenged through this petition have been repealed. Appeal not filed
S.P No.02/P/1999

Willayat Khan

Vs.

ADBP & others

Interest Act, 1839 and ADBP Rules regarding recovery of interest challenged being repugnant to injunctions of Islam Disposed of as withdrawn on 8.3.1999 in view of the judgment of this Court passed in Dr. Mehmood-ur-Rehman Faisal Vs. Govt. of Pakistan reported as PLD 1992 FSC 1 Appeal has not filed.
Sh.P.No.3/L/1999

Qazi Hussain Ahmad Vs.

Federation of Pakistan

Challenged Article 203-E of the Constitution of Islamic Republic of Pakistan 1973. Disposed of as anfractuous on 30.3.2000, as per order in S.Misc.No.15/I/1997 Appeal not filed
S.P No.03/P/1999

Bakht-ur-Rehman Vs.

ADBP etc.

Interest Act, 1839 and ADBP Rules regarding recovery of interest challenged being repugnant to injunctions of Islam. Disposed of as withdrawn on 8.3.1999 in view of the judgment of this Court passed in Dr. Mehmood-ur-Rehman Faisal Vs. Govt. of Pakistan reported as PLD 1992 FSC 1 Appeal has not filed.
S.P.No.4/I/1999

Cpt(R) Mukhtar Sheikh

Vs.

Government of Sindh

Sindh Rented Premises (Amendment) Ordinance, 1984 and Sindh Rented Premises Ordinance, 1979, (i) 4 as being repugnant to the Injunctions of Islam. Returned to the petitioner. Appeal not filed
Sh.P.No.4/L/1999

Muhammad Asghar Javid

Vs.

Federation of Pakistan etc

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. Dismissed in limine on 15.6.1999 on the ground the 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. Now this case is pending before the shairat appellate Bench of the Supreme Court of Pakistan. Appeal not filed
S.P No.04/P/1999

Saeedullah

Vs.

ADBP etc

Interest Act, 1839 and ADBP Rules regarding recovery of interest challenged being repugnant to injunctions of Islam Disposed of as withdrawn on 9.3.1999 in view of the judgment of this Court passed in Dr. Mehmood-ur-Rehman Faisal Vs. Govt. of Pakistan reported as PLD 1992 FSC 1. Appeal has not filed.
S.P.No.5/I/1999

Government of Pakistan

Vs.

In this shariat Petition the petitioner has challenged the court Judgment on Interest (PLD 1992-FSC-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 wants to withdraw his application Disposed of on 30-3-2000. Appeal not filed
Sh.P.No.5/L/1999

Madrassa-Tul Banat, through Abaidul Haq Khan

Vs.

Chairman Evacuee Trust Board etc

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. Disposed of as withdrawn on 24.10.2002. Appeal not filed
S.P No.05/P/1999

Raz Muhammad

Vs.

ADBP etc.

Interest Act, 1839 and ADBP Rules regarding recovery of interest challenged being repugnant to injunctions of Islam Disposed of as withdrawn on 9.3.1999 in view of the judgment of this Court passed in Dr. Mehmood-ur-Rehman Faisal Vs. Govt. of Pakistan reported as PLD 1992 FSC 1 Appeal has not filed.
S.P.No.6/I/1999

Haji Siraj-ul-Huda etc

Vs.

Registrar Coop. societies etc

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. This Court as already declared the Interest the Injunctions of Islam Dr. Mehmood-ur-Rehman Faisal Vs. Government of Pakistan reported as PLD 1992-FSC-I. Dismissed in limine on 28-5-1999. Appeal not filed
S.P.No.6/L/1999

Muhammad Hussain Niaz

Vs.

Government of Pakistan etc

Challenged provision of interest upon the loan   being repugnant to injunctions of Islam. 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. Appeal not filed
S.P No.06/P/1999

Muhammad Rehman Vs. ADBP etc.

Interest Act, 1839 and ADBP Rules regarding recovery of interest challenged being repugnant to injunctions of Islam Disposed of as withdrawn on 9.3.1999 in view of the judgment of this Court passed in Dr. Mehmood-ur-Rehman Faisal Vs. Govt. of Pakistan reported as PLD 1992 FSC 1 Appeal has not filed.
Sh.P.No.7/I/1999

Abdul-Rehman

Vs.

Federation of Pakistan

The petitioner has challenged the Government regarding publicity in charity as being repugnant to the Injunctions of Islam. The petition, therefore, being misconceived and unwarranted by facts and law is hereby dismissed in limine on 6-6-2000. Appeal not filed
Sh.P.No.7/L/1999

Ahmad Riaz

Vs.

Government of Pakistan

Challenged section 7 of Muslim Family Laws 1961 being repugnant to injunctions of Islam. 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. Appeal not filed
S.P No.07/P/1999

Haji Lajbar

Vs.

ADBP etc.

Interest Act, 1839 and ADBP Rules regarding recovery of interest challenged being repugnant to injunctions of Islam Disposed of as withdrawn on 9.3.1999 in view of the judgment of this Court passed in Dr. Mehmood-ur-Rehman Faisal Vs. Govt. of Pakistan reported as PLD 1992 FSC 1 Appeal has not filed.
S.P.No.8/I/1999

Saad Ahmed

Vs.

Federal Government of Pakistan etc

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 Injunctions of Islam. 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
Sh.P.No.8/L/1999

Syed Shaukat Ali Bukhari

Vs.

Small Business Finance Corporation and one other

Challenged provisions of interest on loan being repugnant to injunctions of Islam. 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. Appeal not filed
Sh.P.No.9/I/1999

Mumtaz Khan

Vs.

ADBP

The petitioner has challenged office Memorandum No. E &D/DP-III.2 (166)/96 /379 -389 dated 3-3-1996 being un-Islamic. Dismissed in limine on 18-5-1999. Petition being not the maintable Appeal not filed
Sh.P.No.9/L/1999

Muhammad Asghar Javid

Vs.

Federation of Pakistan etc

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. Dismissed as infructious on 15.2.2000, on the ground that no relief can be granted in personnel under the jurisdiction of this court. Appeal has not filed.
S.P.No.10/I/1999

M. S. Mehtab Industry

Vs.

Federation of Pakistan

Regarding Interest Section 15 of Banking Company (Recovery of loan) Act, 1997. Disposed of withdrawn on 31-5-2000. Appeal not filed
Sh.P.No.10/L/1999

Sarwar Ali Anwar Vs.

Small Business Finance Corporation etc

Recovery of interest with markup on loan challenged being repugnant to injunctions of Islam. Disposed of as withdrawn on 15.2.2000on the ground that the petitioner may seek remedy before a competent forum Appeal has not filed.
S.P.No.11/I/1999

Shamsul Haq

Vs.

Government of Pakistan

Section 215 Jail Manual Section 5(1) Official Secrets Act, 1923 request for remission of sentence. Disposed of withdrawn on 5-6-2000. Appeal not filed
Sh.P.No.11/L/1999

Ch.Sajjad Ahmad

Vs.

City Bank etc

Challenged section 15 of Banking Companies (recovery of loans, advances, and financing) Act, 1997 being repugnant to injunctions of Islam. Disposed of as withdrawn on 7.12.1999. Appeal has not filed.
Sh.P.No.12/L/1999

Malik Sakindar Hayat Vs. Government of Pakistan etc

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. Dismissed as withdrawn on 16.2.2000 Appeal has not filed.
S.P.No.12/I/1999

Master Ejaz Hussain Vs. Government of Pakistan

Rules 225, 242, 243, 244, 45,248,249 of Chapter 9 entitled. The Classification and Separation of Prisoners. Rules 250,252,253,254,255,256,257,261,262,263,264,266,267 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. Partly allowed on 28.8.2009, to the extent that that the 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. Appeal has not filed.
S.P.No.13/I/1999

Muhammad Pervez

Vs.

UBL.

Personal grievance. Disposed of on dated 18-5-1999. Appeal not filed
Sh.P.No.13/L/1999

Khuda Bakhsh

Vs.

ADBP etc

Recovery of interest with markup on loan challenged being repugnant to injunctions of Islam. Dismissed as infructuous on 15.2.2000 on the ground that no relief can be granted in personnem under the jurisdiction of this court Appeal has not filed.
S.P.No.14/I/1999

Mst. Burhan Bi etc

Vs.

Federation of Pakistan

Section 4 of Muslim Family Laws. Disposed of on 5-1-2000. Appeal not filed
S.P.No.14/L/1999

Khuda Bakhsh

Vs.

ADBP etc

Recovery of interest with markup on loan challenged being repugnant to injunctions of Islam. Dismissed as infructuous on 15.2.2000 on the ground that no relief can be granted in personnem under the jurisdiction of this court Appeal has not filed.
S.P.No.15/I/1999

Shamshad Khan etc

Vs.

Registrar Cooperative Societies NWFP

Section 82 of West Pakistan Land Avenue Act, 1967 being repugnant to the Injunctions of Islam Dismissed on 20-4-2000. Appeal not filed
S.P.No.15/L/1999

Rana Muhammad Jamil etc

Vs.

Federation of Pakistan

Challenged the provisions of ADBP Ordinance, 1961. Recovery of interest with markup on loan challenged being repugnant to injunctions of Islam. Disposed of as withdrawn on 15.2.2000, 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 Appeal has not filed.
S.P.No.16/I/1999

M.S. Mehtab Industry

Vs.

Federation of Pakistan

Challenged section 15 of Banking Companies (recovery of loans, advances, and financing) Act, 1997 Disposed of as withdrawn on 20-9-2001. Appeal no filed
Sh.P.No.16/L/1999

Muhammad Tariq

Vs.

Province of Punjab

Linked With

Sh.P.No.33/L/1994

Section 13 of Punjab pre-emption Act, IX of 1991 as being repugnant to the Injunctions of Islam. The petition has pending in the Federal Shariat Court. Appeal has not filed.
S.P.No.17/I/1999

M.S. Mehtab Industry

Vs.

Federation of Pakistan

Challenged section 15 of Banking Companies (recovery of loans, advances, and financing) Act, 1997 Withdrawn on 31-5-2000. Appeal not filed
S.P.No.17/L/1999

Zakiullah

Vs.

Federation of Pakistan

Recovery of interest with markup on loan challenged being repugnant to injunctions of Islam. Disposed of as withdrawn

on 15.2.2000, 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

Appeal has not filed.
S.P.No.18/I/1999

Imtiaz Ahmed Hussain

Vs.

Federation of Pakistan

Petitioner prayed that Adoption of child as being repugnant to the Injunctions of Islam. Dismissed in limine on 29-3-2000. Appeal not filed
S.P.No.19/I/1999

Malik Abdul-ur-Rehman

Vs.

Government of Pakistan

Section 6 of Muslim Family Laws Ordinance, 1961. Disposed of on29-3-2000. Appeal filed in the Supreme Court of Pakistan
S.P.No.21/I/1999

Abdul-ur-Rehman Siddiqui

Vs.

Finance Division etc

Section 15 of Finance Division O. M. No. dated 18-8-1983 regarding advance increment (Esta Code) Dismissed on 22-11-2000. Appeal not filed
S.P.No. 22/I/1999

Mst. Riaz Begum

Vs.

Manger ADBP etc

Personal grievance regarding Interest. Disposed of 30-3-2000. Appeal not filed
S.P.No.68/L/1999

Shehzada Abdul Hadi Vs. Secretary M/o Justice Islamabad

Sub-rule(1) and (2) of Rule 17 of the ADBP rules,1961 Allowed and disposed of on 14.11.1991, reasons recorded in the detailed judgment in S.P.No.30-I-1990 and others (Riba/interest case) Filed in the S.C.
                                 2000
Sh.P.No.1/I/2000

Badr Anwar

Vs.

The State

Section 3, 5, 6-B,8-B offence of Qazaf Ordinance,1979 Dismissed in limine on 6-6-2000. Appeal not filed
Sh.P.No.1/L/2000

Ateeque Hussain

Vs

HBL etc

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. Dismissed as withdrawn. The Court held that no personal relief can be granted.

Order dated; 1-10-2001

Appeal not filed
Rew.Sh.P.No.1/I of 2000

Abdul Hafiz khokhr

Vs.

Federation of Pakistan

Capital Territory Punjab, Sindh, NWFP, Baluchistan Local Government Ordinance, 1979. Dismissed on 7-6-2000. Appeal not filed
S.P No.01/P/2000

Fazal-e-Qadir

Vs.

Fed: of Pakistan etc.

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, Petition was dismissed as withdrawn on 28.3.2007 Appeal not filed
Sh.P.No.1/K/2000

Inayat ullah and another

Vs

Sectary Ministry of Agriculture Government of Sindh etc

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.

Appeal not filed
S.P No.01/Q/2001

Bashir Ahmed

Vs.

Govt. of Pakistan

Section 7 of the Suppression of Terrorist Activities Act, 1975 challenged being repugnant to injunctions of Islam Disposed of on 18.4.2004 as the Act is procedural and is beyond of jurisdiction of this Court. Appeal not filed
S.P No.04-P/2000

Falak Naz

Vs.

HBFC Sawat etc.

No specific law regarding recovery of interest challenged being repugnant to injunctions of Islam Dismissed as withdrawn on 28.3.2007 Appeal not filed
S.P.No.2/I/2000

Bashir Hussain

Vs.

Federation of Pakistan

Section 4 of Muslim Family Laws Ordinance, 1961. Disposed of on 7-6-2000. Appeal not filed
Sh.P.No.2/L/2000

Abdul Sattar

Vs

Rafiq Khan and another

Petition for Share of Inheritance. (Share of Grandson). 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.

Appeal not filed
Sh.P.No.3/L/2000

Botty Khan

Vs

The Government of Pakistan

The petitioners has filed petition against 34 Respondent. (Petition for possession through Pre-emption). Dismissed.

Personal relief involved in this petition. The Court has not given personal relief.

Order dated; 26-9-2001.

Appeal not filed
Sh.P.No.4/L/2000

Ahmed Riaz

Vs

The Government of Pakistan

Challenged Section 7 of Muslim Family Laws Ordinance, 1961 being repugnant to the Injunctions of Quran and Sunnah of the Holy Prophet. Disposed of as withdrawn.

Personal relief can’t be granted by this Court.

Order dated; 1-10-2001.

Appeal not filed
Sh.P.No.5/I of 2000

Abdul Hafiz khokhr

Vs.

Federation of Pakistan

Capital Territory Punjab, Sindh, NWFP, Baluchistan Local Government Ordinance, 1979. Dismissed on 7-6-2000. Appeal not filed
Sh.P.No.5/L/2000

Syed Shahid Hussain

Vs

The Government of Pakistan

Petitioner has Challenged a provision of Muhammadan Law. 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. Dismissed in limine.

The Court has already been decided this point vide this Court judgment dated 28-9-2001 in Sh.P.No.6/L of 2000.

Order dated; 2-10-2001.

Appeal has not filed.
Sh.P.No.6/L/2000

Mst. Aman Mai

Vs

The Government of Punjab etc

Challenged Section 142 Chapter II (Gifts) of Muhammadan Law being repugnant to the Injunctions of Islam. Dismissed in limine.

The Court has declared that the legal heirs are entitled to 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

Appeal has not filed.
Sh.P.No.7/I/2000

Haji Muhammad Nawaz Khokhr

Vs.

Chief Executive Pakistan

Section 9 of National Accountability Bureau Ordinance, 1999 as being repugnant to the Injunctions of Islam. Dismissed on 13-9-2000. Appeal not filed
Sh.P.No.7/L/2000

Pakistan lawyer’s Forum

Vs

Federation of Pakistan and another

Linked With

Sh.P.No.1/L/2001

Syed Faiz-ul-Hassan

Vs

The Federation of Pakistan

Challenged provisional Constitution Order No.1 of 1999 dated 14-10-1999 and Proclamation of emergency dated 14-10-1999 being voilative to the Injunction of Islam.

Challenged Declaring Order 1 of 2000 oath of office (Judges) order 2000 dated 25th of January, 2000 and presidents Succession Order, 2001 Dated 20.06.2001. Against the injunction of Holy Quran and Sunnah of the Holy Prophet.

Dismissed for non-prosecution. The Supreme Court of Pakistan has already been decided PCO. 1, 1999 in PLD. 2000, SC. 869.

Order dated; 22-5-2008.

-do-

Appeal has not filed.
Sh.P.No.8/I/2000

Asghar Ali Bhatti

Vs.

Federation of Pakistan

Personal grievance. Regulation 4 proviso (3) of Punjab University Lahore. Dismissed in limine on 16-1-2001. Appeal not filed
Sh.P.No.8/L/2000

Khalil-uz-Zaman

Vs

Faqirullah etc

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.) Dismissed.

The Court has found that the 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. 15-2-2001.

Appeal has not filed.
Sh.P.No.9/I/2000

Shahab-ud-din

Vs.

Federation of Pakistan

MLR-114 regarding complsory retirement form service. Dismissed inlimine on 18-9-2001 Appeal filed in the Supreme Court of Pakistan and dismissed on 30-4-2009
Sh.P.No.10/I/2000

Jawad Ahmed Khan

Vs.

Federation of Pakistan

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 on 20-9-2001. Appeal not filed
Sh.P.No.11/I/2000

Muhammad Yaqoob Bhatti

Vs.

Government of Pakistan

Marriages (Prohibition n of Wasteful Expanses) Ordinance, 1997. Disposed of on 14-2-2007 Appeal not filed
Sh.P.No.12/I/2000

Fazal Muhammad

Vs.

Federation of Pakistan

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 on 20-9-2001 Appeal not filed
2001
Sh.P.No.1/I/2001

Umaid Ali Qureshi

Vs

Federation of Pakistan etc

Challenging section 17(1-A) WAPDA (Second) Amendment Ordinance, 1999 (Ordinance) IX of 1999. Relating comparsly retirement. Disposed of because the August Supreme Court of Pakistan has granted relief prayed for by the petitioner

Order dated; 11-9-2007.

Appeal has not filed.
Sh.P.No.1/L/2001

Syed Fain-ul-Hassan

Vs.

Federation of Pakistan

Linked with

Sh.P.No.7/L/2000

Oath of office (Judges) Order 2000. President Succession Order, 2001 against the Injunctions of Holy Quran and Sunnah. Dismissed for non-prosecution. The Supreme Court of Pakistan has already been decided PCO. 1, 1999 in PLD. 2000, SC. 869.

Order dated; 22-5-2008.

Appeal has not filed
S.P No.01/Q/2001

Bashir Ahmed

Vs.

Govt. of Pakistan

Section 7 of the Suppression of Terrorist Activities Act, 1975 challenged being repugnant to injunctions of Islam Disposed of on 18.4.2004 as the Act is procedural and is beyond of jurisdiction of this Court. Appeal has not filed
Sh.P.No.2/L/2001

Syed Zahoor Hussain Zaidi

Vs

The Government of Pakistan

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. Disposed of as withdrawn on 4-10-2001.

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.

Appeal not filed
Sh.P.No.2/I/2001

Ch. Majeed-ullah

Vs

Al-Zamin Leasing MODARBA

Request through petition for recovery of the principal amount in easy installment in respect of amount of Rs. 24, 80, 984/- with markup. 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; 05-9-2001.

Appeal has not filed
Sh.P.No.3/L/2001

Dr. Muhammad Masood Ahsan

Vs

The Federation of Pakistan

Challenged Section 295-C of PPC with regard to blasphemy is declared against Injunction of Islam. 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.

Appeal has not filed
Sh.P.No.5/I/2001

Muhammad Yousaf

Vs

Federation of Pakistan & 2 others

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 Dismissed in limine. Because the petitioner has not specifically challenged any particular law or provision of law.

Order dated; 18-9-2001.

Appeal has not filed.
Sh.P.No.7/I/2001

Umer Dheri etc

Vs

Government of Pakistan etc

Challenged the Order the forums provided under PATA (Nifaz-e-Shariah) Regulation, 1994. Section 122 & 123 of MLR. Dismissed in limine because both these orders have challenged before the Peshawar High Court in revision which is still pending decision.

Oder dated; 18-9-2001.

Appeal not filed
Sh.P.No.7/L/2001

Muhammad Aslam

Vs

HBL etc

Challenged Section 3 and section 17 of the Financial Institutions (recovery of Finances) Ordinance, 2001 as Un-Islamic. Dismiss in limine.

Order dated; 22-01-2009.

Appeal has not filed
Sh.P.No.8/I/2001

Fazal Akbar Khan

Vs

Federation of Pakistan

Section 26 of the Limitation Act, 1908 and Section 15 of the Easement Act, 1882 lay down a period of limitation or prescription of easement right over Government Property for 60 years and these Sections also lay down a period for prescription of easement right over period of limitation is not at par. Dismissed for non-prosecution.

Order dated 27-8-2008.

Appeal has not filed.
Sh.P.No.10/I/2001

Sheikh Aftab Ahmed

Vs

Federation of Pakistan

Challenged section 17(3) of Banking Companies (Recovery of Loans Advances, Credits and Finances) Act, 1997. Dismissed as withdrawn.

Order dated; 30-10-2001.

Appeal has not filed
Sh.P.No.11/I/2001

Muhammad Hayat

Vs

Federation Government of Pakistan

Females in Judiciary & Females Magistracy in Islamic state are Un-Islamic Republic of Pakistan. 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.

Appeal not filed
Sh.P.No.12/I/2001

Mst. Najma Bibi

Vs

Muhammad Mukhtar and another

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). Dismissed in limine being incompetent petition.

Order dated; 30-10-2001.

Appeal has not filed
2002
Sh.P.No.1/I/2002

Zahida Haq

Vs

Government of Pakistan

Section 10 of the Financial Institutions (Recovery of Finances) Ordinance, 2001 dated 30-8-2001 whereby the right of a person to defend the suit/clam has been made subject to the permission of the very Court/ tribunal, which is called upon to consider, examine and determine the claims/counter claims of the contending parties. Dismissed for non-prosecution.

Order dated; 25-11-2008.

Appeal has not filed
Sh.P.No.2/I/2002

Naseem Hussain Shah

Vs

Balqees Akhtar and Jamil Abbasi etc

That the declaration to the effect that the provisions relating to giving of notice of Talaq and its withdrawal thereafter before ninety days thereof under Muslims Family Laws Ordinance, 1961 is repugnant to the Injunctions of Islam. Dismissed as withdrawn.

Order dated; 6-2-2001.

Appeal has not filed
Sh.P.No.2/L/2002

Hamad Bashir

Vs

The Government of Punjab

The petitioner has filed petition against the HBFC and requested to way of the Interest. Dismissed in limine.

The petition is based on personal grievance which is beyond the jurisdiction of this Court.

Order dated; 24-10-2002.

Appeal has not filed
Sh.P.No.3/L/2002

Sh. Sajjad Hussain etc

Vs

Small Medium Enterprises Bank Limited etc

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. Dismissed in limine.

The petition is based on personal grievance which is beyond the jurisdiction of this Court.

Order dated; 24-10-2002

Appeal has not filed.
Sh.P.No.3/I/2002

Abdul Hafeez Khokar

Vs

The Province of Punjab

Challenged the Punjab Local Government Ordinance 2001, being repugnant to the Injunctions of Islam. Disposed of because the petitioner has died and other inmates have migrated and the same be consigned to the record.

Order dated; 15-12-2004.

Appeal has not filed
Sh.P.No.4/I/2002

Moulvi Said Bahadur

Vs

Federation of Pakistan & others

Martial Law Regulations No. 122 &123 of 1972. Dismissed as withdrawn.

Order dated; 25-8-2008.

Appeal has not filed
Sh.P.No.6/I/2002

Bukhari Shah & another

Vs

Federation of Pakistan

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. Dismissed as withdrawn.

Order dated; 13-2-2007.

Appeal has not filed
Sh.P.No.8/I/2002

Maqsood Ahmed etc   Vs

Rehmat and Province of Punjab

Request to declare the institution of adoption of Child as repugnant to the Injunction of Islam. Dismissed as withdrawn.

Order dated; 15-12-2004.

Appeal has not filed
Sh.P.No.09/I/2002

J. Salik

Vs

Federation of Pakistan & others

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. Disposed of as withdrawn.

Order dated; 23-01-2007.

Appeal has not filed
Sh.P.No.10/I/2002

Haji Bukhtiar Said Muhammad

Vs

Federation of Pakistan

Challenged Section 4 and 7 of Offence of Qazf (EOH) Ord. VIII of 1979 as repugnant to the Injunctions of the Holy Quran and Sunnah. Dismissed for non-prosecution.

Order dated; 30-5-2007.

Appeal has not filed
Sh.P.No.11/I/2002

Muhammad Saeed -ullah Khan

Vs

Secretary Government of NWFP etc

The NWFP Urban Immovable Property Tax (Amendment) Ordinance, 2001 (ordinance IV of 2001) be declared repugnant to Sharia. Dismissed because the petition is not meintable before this Court under Article 203-D of the Constitution

Judgment dated; 28-8-2008.

Appeal has not filed
                             2003
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. 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.

Appeal filed

Dismissed on .7.5.2009.

Sh.P.No.1/L/2003

Zahoor Medi Faisal

Vs

Election Commissioner of Pakistan

Challenged Sub-section 2 of Section 11 of the Senate 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” Dismissed in limine.

After detail discussion the Court has not found these sections as repugnant to the Injunction of Islam.

Judgment dated 7-3-2007.

Appeal has not filed
Sh.P.No. 02/I/2003

Raja Abdul Latif & another

Vs

Secretary Industries & others

Challenged Section 4 & 7 of Chapter-IV of Utility Store Corporation of Pakistan Service Rules 1992 being repugnant to the Injunctions of Islam. Dismissed on request of petitioner.

Order dated; 8-1-2004.

Appeal has not filed.
Sh.P.No.2/L/2003

Muhammad Shahid Farid

Vs

Muhammad Nadeem etc

Stated that respondent No.1 to 5 are not entitled to inherit late Ghulam Hussain Khan alias Hussain Bakhsh Khan as his maternal grand sons and daughters of Pre-deceased daughter Mst. Ghulam Sughra Bibi and consequently the mutation No.276 dated 1.4.2003 is illegal, unlawful, against the principles of Islamic injunctions and Quran and Sunnah. Dismissed for non-prosecution.

The petitioner sought declaration to the effect that respondents No.1 to 5 are not entitled to inherit the estate left by their maternal grandfather namely Ghulam Hussain Khan. Since the petition is based on personal grievance, therefore, the petition is not competent under Article 203-D of the Constitution of the Islamic Republic of Pakistan.

Order dated; 22-5-2008.

Appeal has not filed
Sh.P.No.3/I/2003

Farukh Aftab

Vs

Royat Hilal Committee etc

Request to examine and declare the system of Ruyat Hilal Committee on the tech stone of Quranic Injunctions. Dismissed because the petitioner did not press the petition.

Order dated; 24-1-2005.

Appeal has not filed.
Sh.P.No.3/L/2003

Irfan Masood Sheikh

Vs

Islamic Republic of

Linked with

Sh.P.No.7/L/2003

Irfan Masood Sheikh

Vs

The Government of Pakistan

Filed petition for declaration to the effect that the West Pakistan Pure Food Ordinance, 1960 is repugnant to the Holy Quran and Sunnah.

Filed petition for declaration to the effect that the West Pakistan Pure Food Ordinance, 1960 is repugnant to the Holy Quran and Sunnah.

Dismissed for non-prosecution.

Order dated; 13-2-2008.

-do-

Appeal has not filed
Sh.P.No.5/I/2003

Muhammad Suleman

Vs

Zonal Manager Habib Bank Limited &others

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. Dismissed as withdrawn.

Order dated; 5-11-2003.

Appeal has not filed.
Sh.P.No.5/L/2003

Ahmad Yar etc

Vs

Bashir Ahmad

Challenged section 4 of the Muslim Family Lawss Ordinance, 1961. Share of grandson and granddaughter. Disposed of withdrawn.

The Court has declared that Challenged matter under constitution 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.

Appeal has not filed.
Sh.P.No.7/L/2003

Irfan Masood Sheikh

Vs

The Government of Pakistan

Linked with

Sh.P.No.3/L/2003

Filed petition for declaration to the effect that the West Pakistan Pure Food Ordinance, 1960 is repugnant to the Holy Quran and Sunnah. Dismissed for non-prosecution.

Order dated; 13-2-2008.

Appeal has not filed
Sh.P.No.8/L/2003

Muhammad Ramzan

Vs

Dr. M. D. Bhatti etc

Petition interest/Riba is declared against the Injunction of Islam. Dismissed as Withdrawn.

Order dated; 07-03-2007

Appeal not filed
Sh.P.No.10/L/2003

Muhammad Naseem

Vs

ADBP etc

Petition against the interest of law of ADPB. Dismissed for non-prosecution.

Orders dated;

1.     26-2-2007

Appeal not filed
2004
Sh.P.No.1/L/2004

Hafiz Muhammad Afzal

Vs

Manager Small Business Finance Corporation etc.

Petition for recovery of Interest from the Petitioner may be declared against the Injunction of Islam. Dismissed for non-prosecution.

Order dated; 26-2-2007

Appeal not filed
Sh.P.No.3/L/2004

Muhammad Yaqoob Bajwa

Vs

The Government of Pakistan

Filed petition for declaration of Finance division O.M.No.F.1(24)-IMP.II/90 dated 2.1.1991 read with auditor general of Pakistan letter No.268-Reg, II/9/C/87-II (Para I(iii) with order of Finance Division, dated 29-9-1991, regarding grant of pension for qualification allowance and orderly allowance to one group of civil servants denying to others placed in the same circumstances, to be repugnant to the injunctions of Islam laid down in the Holy Quran and the Sunnah. Dismissed for non-prosecution.

Order dated; 26.02.2007

Appeal has not filed
Sh.P.No.4/L/2004

Mr. Masood Mirza

Vs

Government of Pakistan

Section 7 of the Anti terrorist Act, 1997 (hereinafter referred to as “the Act”) on the ground 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 for non-prosecution because the petitioner was died.

Order dated; 23-4-2007.

Appeal has not filed.
S.P.No.4/I/2004

Dr.Muhammad Aslam Khaki

Vs.

Federation of Pakistan

Rules 225, 242, 243, 244, 45,248,249 of Chapter 9 entitled. The Classification and Separation of Prisoners. Rules 250,252,253,254,255,256,257,261,262,263,264,266,267 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 injunction of Islam was 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. Appeal has not filed.
Sh.P.No.5/L/2004

Irfan Masood Sheikh

Vs

Islamic Republic of

Challenged Section 302(b) of Pakistan Panel Code, 1860 as repugnant to the Injunctions of Islam. Dismissed for non-prosecution.

Order dated; 27-2-2007

Appeal not filed
Sh.P.No.6/I/2004

Muhammad Fayaz Vs

Islamic Republic of Pakistan

Linked With

 

 

 

 

 

 

Sh.P.no.27/I/1992

Abdul Salam

Vs

Federation of Pakistan

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.

Dismissed.

For the purpose of legislation 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.

Judgment dated;8-6-2007

-do-

Appeal has not filed.
Sh.P.No.6/L/2004

Mst. Naheed Jehan Lodhi

Vs

Federation of Pakistan through Secretary Ministry of Education etc

Challenged Ordinance 4 of 2000 (Special Power), (All punishment inflicted under the Ordinance). Is repugnant to Islam Injunctions. Dismissed for non-prosecution.

Order dated; 27-2-2007

Appeal has not filed.
Sh.P.No.8/I/2004

Prof. Kazim Hussain etc.

Vs

The Government of Pakistan

Challenged the Office Memorandum No.F2 (3)/ 2003-policy dated 31 July 2004 issued by Ministry of Law parliamentary Affairs. Under this OM the Federal Government decided to decentralize w.e.f. 1.7.04 the present system of hiring of residential accommodation by Estate Offices and put the responsibilities on the respective Ministry/Department to hire residential accommodation for their employees. Dismissed for non-prosecution.

Order dated; 13-3-2008.

Appeal has not filed.
Sh.P.No.10/I/2004

Rashid Bin Zain

Vs

Federation of Pakistan

Challenged the Family Courts (Amendment) Ordinance 2002 (Ordinance No.LV of 2002) Disposed of.

The petitioner has moved an application for withdrawal of the petition. The point has been discussed     connected Sh.P.No.20/I of 1999 which is still pending.

Order dated; 3-4-2007

Appeal has not filed.
Sh.P.No.11/I/2004

Imran Ali

Vs

Federation of Pakistan etc

Challenged the Family Courts (Amendment) Ordinance 2002 (Ordinance No.LV of 2002), Family court ACT.1961 Dismissed for non-prosecution.

Order dated; 11-5-2007

Appeal has not filed.
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’. 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

Appeal has not filed
                           2005
Sh.P.No.1/I/2005

Haji Amir Zedi

Vs

Province of NWFP

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. Dismissed for non-prosecution.

Order dated; 2-4-2007

Appeal not filed
Sh.P.No.2/I/2005

Bashir Ahmed

Vs

The Government of Punjab

Challenged Section 114 of Punjab tenancy Act, 1887 being repugnant to injunctions of Islam. Dismissed for non-prosecution.

Order dated; 15-3-2007

Appeal has not filed.
Sh.P.No.2/L/2005

Muhammad Saeed

Vs

Qari Muhammad Nazir Saeed etc

Filed petition for declaration that Mosque and Madrasa Built on a Land Acquired by illegal and un-justified manner is illegal. Dismissed for non-prosecution.

Order dated; 27-2-2007

Appeal has not filed.
Sh.P.No.3/I/2005

Mr. Abdul Razzaq etc   Vs

Special Judge Anti Terrorist Court etc

Challenged the impugned order dated 22-7-2002 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. Dismissed as withdrawn.

Order dated; 2-4-2007

Appeal has not filed.
Sh.P.No.3/L/2005

Saleem Ahmed

Vs

Islamic Republic of Pakistan

Linked With

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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

 

 

 

 

 

Sh.P. No. 2/K/2007

Sheraz Akram

Vs

Federation of Pakistan

Linked With

 

 

 

 

 

 

Sh.P.No.1/K/2007

S. Mehiuddin M. Bukhari

Vs

Federation of Pakistan

 

 

 

Linked With

 

 

 

 

 

Sh.P.No.3/K/2007

S. Matanat Mouzzam Bukhari

Vs

Federation of Pakistan

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 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 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 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 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 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 also

2. That the Section 10(4) of the Family Court Act, 1964. Whereby the said amendment is contrary of Quran and Sunnah.

Dismissed.

The Court has declared that 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 no unanimous.

Judgment dt; 28-5-2009

-do-

-do-

-do-

-do-

-do-

Appeal has not filed.
Sh.P.No.5/I/2005

Eng. Majeed ur Rehman

Vs

The State

Challenged Article 3 of the Qanun-e-Shahadat 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. Dismissed for non-prosecution. Appeal has not filed.
Sh.P.No.6/I/2005

Khan Muhammad

Vs

Federation of Pakistan

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.

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.

Dismissed in limine.

The Court has already been discussed that the sentence has been awarded under Ta’zir 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.

-do-

Appeal has not filed.
Sh.P.No. 8/I/2005

Qureshi M.Aslam

Vs

The Federation of Pakistan

Article 179 Constitution of Pakistan regarding retaing age of judges. Dismissed in limine 24.1.2007.S Appeal has not filed.
Sh.P.No. 9/I/2005

Molvi Iqbal Haider Vs

The Federation of Pakistan

Section 10(4) offence of zina ord.1979 & section anti terrorism act.1997. Dismissed 15.12.2005 Appeal has filed.

In view of rule 5 order of the 35 of supreme court rule 1980, the case filed directed consigned to the record for indefinite period till some   body terms up for its revival.

Sh.P.No.10/I/2005

Abdur Rasheed Vs. Shamim Akhter etc.

Muslim personal law,1937,etc. Dismissed on. 22.10.2007 Appeal has not filed.
                       2006
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”) on the ground 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 grand 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

Appeal has not filed.
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 hasis 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.

The Court has declared that 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 no unanimous.

Judgment dt; 28-5-2009

Appeal has not filed.
Sh.P.No.2/I/2006

Aslam Khaki Vs. Federation of Pakistan

2(f) section 8 and 25 of PEH. Ord.1979 Dismissed it accordingly,28.5.2009 Appeal has filed.
Sh.P.No.3/I/2006

Abdul Aleem

Vs

Mst. Shehzadi

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. Dismissed.

The Court has no jurisdiction to grant any personal relief.

Order dated;11-5-2007

Appeal not filed
Sh.P.No. 3/L/2006

Khushi Muhammad

Vs

Federation of Pakistan

Challenged section 4 of the Muslim Family Laws Ordinance, 1961. Share of grandson and granddaughter. Disposed of.

The Court has declared that Challenged matter under constitution 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; 27-2-2007

Appeal has not filed.
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. Dismissed for non-prosecution.

Order dated; 29-1-2008

Appeal not filed
Sh.P.No.4/L/2006

Miss Gulshan Ara Alam

Vs

Federation of Pakistan etc.

Filed petition and prayed that the Publication of the Holy Quran (Elimination of Printing Errors) Act (LIV) of 1973 is repugnant to the Holy Quran and the Holy Sunnah. Dismissed for non-prosecution.

Order dated; 25-10-2007

Appeal has not filed.
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. Dismissed for non-prosecution.

Order dated; 29-1-2008

Appeal has not filed.
Sh.P.No.6/I/2006

Qasim Hassan Buki and others

Vs

Federation of Pakistan

Challenged Section 10, 11 and 12 of National Accountability Biro Ordinance, 1999 Being repugnant to the injunctions of Islam. Dismissed for non-prosecution.

Order dated; 23-4-2007

Appeal has not filed.
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 born during a valid Nikah/Marriage. 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 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.

Appeal has not filed.
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. Dismissed in limine.

Article 302B(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 Hon’ble 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.

Appeal has not filed.
Sh.P.No.7/L/2006

Sajjad Ahmed Rana

Vs

The Government of Pakistan & another

Challenged the Judicial Protocol dated 17-11-2003 which has been directed to be implemented by Hon-Chief Justice of the Lahore High Court is repugnant to the Injunctions of Islam. Dismissed for non-prosecution.

Because the petitioner his not interested.

Order dated; 07-3-2007

Appeal has not filed.
2007
Sh.P.No.1/I/2007

Mian Abdur Razzaq Aamer

Vs

Federal Government of Pakistan

Challenged Section 376,496-B and 496-c of PPC (Act XLV 1860) as inserted by protection of women (Criminal Law Amendment) Act, 2006 are repugnant to the Injunctions of Islam. Dismissed for

Non-prosecution.

Order dated; 25-3-2008.

Appeal has not filed.
Sh.P.No.1/K/2007

S. Mohi-Ud-Din

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.3/K/2007 Linked With

Sh.P.No.2/L/2006

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 also

2. That the Section 10(4) of the Family Court Act, 1964. Whereby the said amendment is contrary of Quran and Sunnah.

Dismissed.

The Court has declared that 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 no unanimous.

Judgment dt; 28-5-2009

Appeal has not filed.
Sh.P.No.3/I/2007

Ch. Muhammad Aslam Ghuman

Vs

Federation of Pakistan

Challenged Section 376,496-B and 496-c of PPC (Act XLV 1860) as inserted by protection of women (Criminal Law Amendment ) Act, 2006 are repugnant to the Injunctions of Islam Dismissed for non-prosecution.

Order dated; 25-3-2008.

Appeal has not filed.
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 hasis 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.

The Court has declared that 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 no unanimous.

Judgment dt; 28-5-2009

Appeal has not filed.
Sh.P.No.9/I/2007

Maulvi Iqbal Haider

Vs

Federation of Pakistan

Challenged the PCO Order No.1, 2007 and oath of office (Judges) order 2007. Disposed of.

The petitioner has requested for withdrawal the petition. Request Allowed.

Order dated; 25-3-2008.

Appeal not filed
                     2008
Sh.P.No.1/I/2008

Society of transplant physicians and surgeons Pakistan Vs. Federation 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 Dismissed on 20.4.2009. Appeal not filed
Sh.P.No.2/I/2008

Hasnain Khurshid

Vs

The Government of Pakistan

 

IN

Sh.Rew.P.No.1/I of 2009

Hasnain Khurshid

Vs

The Government of Pakistan

Section 7 and 11 of the Punjab Waqf Properties Ordinance, 1979 (Ordinance IV of 1979).

“Section 7 authorizes the Chief Administrator of 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.

Filed Review petition in the light of Court order dated 22-1-2009 and stated that none such thing is available in the above mentioned decision. He further stated that his submission will not be decided in light of Quran and Sunnah.

Dismissed for non prosecution.

The Court has already been examined by a Large Bench Court in Public Notice No. 229/P/84 dated 21-6-1984 and the Court, after considering the Punjab Waqf Properties laws, made the following observations in respect of sections7 and 11 which are being challenged by the petitioner.

Order dated; 22-1-2009.

Dismissed in limine because the party is not interested for pursuing the matter.

Order dated; 26-8-2009

Appeal not filed
Sh.P.No.5/I/2008

Abdul Jalil Adil etc

Vs

Federal Government of Pakistan

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

Disposed of as withdrawn.

The petitioner has requested for withdrawal of the petition with permission to file a fresh petition. Request has been Allowed.

Order dated; 24-2-2009.

Appeal has not filed.
Sh.P.No.1/Q/2008

Jamil ur Rehman

Vs

Federal Government of Pakistan

Personal grievance. Regarding Tallaq. Dismissed on 21.10.2008, Appeal has not filed.

 

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