| Case ID |
09919deb-b189-43a5-97f7-575bd716b75b |
| Body |
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| Case Number |
Civil Petitions Nos. 1261 and 1820 to 1823 of 2001 |
| Decision Date |
Oct 17, 2001 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan dismissed the petitions, affirming that the provisions of the Shari-Nizam-e-Adl Regulation (I of 1999) were to be applied prospectively. The Court held that the execution of decrees must comply with the legal framework applicable at the time of the determination of rights and liabilities of the parties. The petitioners' objections regarding the recovery of interest, which they claimed was contrary to Islamic injunctions, were rejected. The Court emphasized that the decree had become final and could not be reopened based on previous regulations, solidifying the execution of the original decree for the recovery of the amount due. |
| Summary |
This case involves the interpretation and application of the Shari-Nizam-e-Adl Regulation (I of 1999) in relation to a dispute over the recovery of a monetary decree with interest. The Supreme Court of Pakistan addressed whether the regulation's provisions should be applied retrospectively or prospectively. Ultimately, the Court ruled that the regulation was operative only from the date of its enforcement, meaning that the past decisions regarding interest payments were valid under the previous law. The ruling clarified that the courts must follow the applicable law at the time of the rights determination, reinforcing the principles of Islamic law in judicial decisions. This case is significant for understanding the interaction between civil procedure and Islamic law in Pakistan's legal framework. Keywords such as 'Islamic law', 'Shari-Nizam-e-Adl', 'Supreme Court of Pakistan', and 'civil procedure' are relevant for legal scholars and practitioners focusing on the evolving landscape of jurisprudence in Pakistan. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD BASHIR,
JEHANGIRI,
MUNIR A. SHEIKH,
RANA BHAGWANDAS
|
| Lawyers |
Raja M. Ibrahim Satti, Advocate Supreme Court,
M.A. Zaidi, Advocate-on-Record,
Imtiaz Ali, Additional Advocate General (N.W.F.P.)
|
| Petitioners |
SWAT CORN PRODUCTS
|
| Respondents |
GRAIN DEALERS and others
|
| Citations |
2002 SLD 1500,
2002 SCMR 1756
|
| Other Citations |
Dr. M. Aslam Khakhi v. Syed Muhammad Hashim and 2 others PLD 2000 SC 225
|
| Laws Involved |
Shari-Nizam-e-Adl Regulation (I of 1999),
Civil Procedure Code (V of 1908),
Constitution of Pakistan (1973)
|
| Sections |
8(2),
34,
185(3)
|