| Case ID |
2b6bd98e-b159-4f31-af96-853cbbcbc8bd |
| Body |
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| Case Number |
Civil Appeal No.386 of 1990 |
| Decision Date |
Apr 01, 1992 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan ruled that the appeal was allowed, restoring the decision of the Provincial Government that dismissed the respondent's suit as time-barred. The court emphasized that the provisions of the law regarding limitation under the Rewaj, customs, or usage having the force of law were paramount, and the Limitation Act and N.-W.F.P. Pre-emption Act did not apply in this case. The court affirmed that the interpretation of section 4(2) of the PATA Special Provisions Regulation was correctly applied, and the case could not be referred to a Jirga if it was time-barred under local customs. |
| Summary |
This case revolves around the interpretation of section 4(2) of the Provincially Administered Tribal Areas (Special Provisions) Regulation, particularly concerning pre-emption suits and the application of limitation laws in the context of local customs (Rewaj). The Supreme Court examined whether the High Court had correctly interpreted the regulation, which states that a civil suit cannot be referred to a Jirga if it is barred by local custom. The ruling highlighted the importance of local customs and Islamic principles in determining the applicability of limitation laws in pre-emption cases. This decision is significant for future cases involving local customs and the integration of traditional legal practices with statutory laws. Keywords such as 'pre-emption law', 'local customs', 'Islamic principles in law', and 'legal interpretation' are essential in understanding the implications of this case. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD AFZAL ZULLAH, CJ,
SAAD SAOOD, JAN,
MUHAMMAD AFZAL LONE
|
| Lawyers |
MA. Siddiqi, Advocate Supreme Court,
Ejaz Muhammad Khan, Advocate-on-Record,
Mr. Abdul Hamid Qureshi, Advocate-on-Record
|
| Petitioners |
KHALILUR-REHMAN and 3 others
|
| Respondents |
TALIZAR KHAN
|
| Citations |
1992 SLD 404,
1992 PLD 442
|
| Other Citations |
Haji Nizam Khan v. Additional District Judge, Lyallpur PLD 1976 Lah. 930,
Muhammad Bashir v. The State PLD 1982 SC 139
|
| Laws Involved |
Provincially Administered Tribal Areas (Special Provisions) Regulation,
Limitation Act, 1908,
N.-W.F.P. Pre-emption Act
|
| Sections |
4(2)
|