| Case ID |
37d6d6d4-fe0a-4c77-ab5a-0d0b644d6255 |
| Body |
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| Case Number |
Civil Appeal No. 1919 of 1996 |
| Decision Date |
Mar 16, 2001 |
| Hearing Date |
Feb 19, 2001 |
| Decision |
The Supreme Court of Pakistan ruled on the case involving the application of the North West Frontier Province Preemption Act, emphasizing the saving of decrees under the repealed laws. The Court clarified that judgments and decrees passed under the North-West Frontier Province Pre-emption Act, 1950 would not be rendered void due to the enactment of the new law. It also held that the right of pre-emption is a substantial right that cannot be taken away merely because of the repeal of the law under which the suit was filed. The court dismissed the application under section 12(2), C.P.C. as it was barred by time, and the decree had achieved finality due to the respondent's delay in challenging it, thus ruling in favor of the appellant, SARFRAZ. |
| Summary |
This case revolves around the interpretation of the North West Frontier Province Preemption Act and its implications on suits filed prior to its enactment. The Supreme Court addressed critical aspects of law, including the saving clause of the repealed act and the rights of individuals under Islamic law concerning pre-emption. The Court emphasized the importance of finality in judgments and the necessity for timely legal action against void orders. The ruling reaffirms the protection of substantial rights of individuals against legislative changes, ensuring that existing rights are not undermined by subsequent laws. This case is significant for understanding the interplay between statutory law and individual rights, especially in the context of property disputes and pre-emption claims. By establishing a precedent, it highlights the court's role in safeguarding legal rights amidst evolving legal frameworks. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
ABDUR REHMAN KHAN,
IFTIKHAR MUHAMMAD CHAUDHRY,
RANA BHAGWAN DAS
|
| Lawyers |
Muhammad Munir Peracha,
Ejaz Muhammad Khan,
Muhammad Hussain Lughumani,
Imtiaz Muhammad Khan
|
| Petitioners |
SARFRAZ
|
| Respondents |
another,
MUHAMMAD ASLAM KHAN
|
| Citations |
2001 SLD 698,
2001 SCMR 1062
|
| Other Citations |
PLD 1986 SC 360,
1992 SCMR 445,
PLD 1687 SC 287,
1996 SCMR 237
|
| Laws Involved |
North West Frontier Province Preemption Act, (X of 1987),
Civil Procedure Code (V of 1908),
Limitation Act, 1908,
Constitution of Pakistan, 1973
|
| Sections |
35,
12(2),
181,
203D(3)(b)
|