| Case ID |
156bc59d-e4e2-4e6a-95fa-e8b0096fabae |
| Body |
View case body. Login to View |
| Case Number |
Civil Petitions for Special Leave to Appeal Nos.12 |
| Decision Date |
Apr 30, 1988 |
| Hearing Date |
|
| Decision |
In this case, the Supreme Court addressed a common question involving three pre-emption matters. The court noted that the plaintiffs had not succeeded in obtaining a decree for pre-emption at any stage before any court. The judgment of the Shariat Appellate Bench in the case of Government of N.W.F.P. v. Malik Said Kamal Shah, which became effective on July 31, 1986, was referenced. Since the plaintiffs had not succeeded in obtaining pre-emption decrees under the old law, which ceased to have effect on that date, the court concluded that no decree could be passed in their favor thereafter. Consequently, the petitions were dismissed. |
| Summary |
This case revolves around the interpretation and application of the Punjab Pre-emption Act and its interaction with the Constitution of Pakistan. The Supreme Court of Pakistan dealt with multiple petitions concerning pre-emption, highlighting the legal standards required for obtaining such decrees. The judgment underlines the importance of adhering to legal precedents and the implications of legislative changes on ongoing legal matters. It serves as a critical reference for future cases involving pre-emption rights and the necessity of obtaining decrees in accordance with prevailing laws. Keywords: pre-emption, Punjab Pre-emption Act, Supreme Court of Pakistan, legal precedent, constitutional law. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD AFZAL ZULLAH,
JAVID IQBAL
|
| Lawyers |
Ch. Muhammad Hasan, Advocate Supreme Court instructed by Rana Maqbool Ahmad Qadri, Advocate-on-Record for Petitioner (in C.P.12 of 1981),
Mian Attaur Rahman, Advocate-on-Record for Respondents Nos.1 and 2 (in C.P. No. 12 of 1981),
Tanveer Ahmad, Advocate-on-Record for Petitioner (in C.P. No. 138 of 1981),
Ch. Bashir Ahmad Khan, Advocate Supreme Court for Respondents (in C.P. No. 138 of 1981),
M. Ihsanul Haq, Advocate Supreme Court instructed by Hameed Aslam Qureshi, Advocate-on-Record for Petitioner (in C. P. No. 183 of 1981),
Nemo for Respondents (in C.P. No. 183 of 1981)
|
| Petitioners |
3 others,
MUHAMMAD MUSTAFA
|
| Respondents |
others,
MUHAMMAD AKBAR
|
| Citations |
1990 SLD 670,
1990 SCMR 532
|
| Other Citations |
Government of N.W.F.P. v. Malik Said Kamal Shah P L D 1986 S C 360
|
| Laws Involved |
Punjab Pre-emption Act,
Constitution of Pakistan
|
| Sections |
15,
Art.185(3)
|