| Case ID |
3d31cc2a-9c23-403f-b75e-03a81c3214c0 |
| Body |
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| Case Number |
Civil Petition No. 9 of 1995 |
| Decision Date |
May 02, 1995 |
| Hearing Date |
May 02, 1995 |
| Decision |
The Supreme Court dismissed the petition for leave to appeal against the judgment of the Peshawar High Court, which had previously dismissed the suit for pre-emption filed by the petitioner under the North-West Frontier Province Pre-emption Act, 1950. The court found that the suit was rendered ineffective by the enactment of the North-West Frontier Province Pre-emption Act, 1987, which mandated the completion of certain procedural requirements (Talbs) that were not fulfilled by the petitioner. The court upheld the view that a suit for pre-emption initiated under the repealed Act of 1950 was not valid under the new Act, thus affirming the High Court's dismissal of the case. |
| Summary |
This case revolves around the legal complexities of pre-emption law in Pakistan, particularly focusing on the transition from the North-West Frontier Province Pre-emption Act of 1950 to the 1987 version. The Supreme Court of Pakistan was tasked with determining the validity of a pre-emption suit filed by Mst. Basriya against Haji Faqir Muhammad. The petitioner argued that her suit filed prior to the enactment of the new law should be allowed to proceed based on the previous legal framework. However, the court clarified that upon the introduction of the 1987 Act, all pending suits not compliant with the new requirements would lapse. The judgment emphasizes the importance of adhering to procedural mandates, such as the requirement for Talbs under the 1987 Act, and illustrates the impact of legislative changes on ongoing legal proceedings. This case is crucial for understanding the evolution of property rights and pre-emption laws in Pakistan, highlighting the balance between statutory provisions and judicial interpretations. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
MANZOOR HUSSAIN SIAL,
MUKHTAR AHMAD JUNEJO
|
| Lawyers |
Haji M. Waris Khan, Advocate Supreme Court,
Imtiaz Muhammad Khan, Advocate-on-Record
|
| Petitioners |
Mst. BASRIYA
|
| Respondents |
Haji FAQIR MUHAMMAD
|
| Citations |
1998 SLD 1310 = 1998 SCMR 479
|
| Other Citations |
Rozi Khan and others v. Syed Karim Shah and others 1992 SCMR 445,
Muhammad Ashraf and 14 others v. Ziarat Gul PLD 1994 Pesh. 48
|
| Laws Involved |
North-West Frontier Province Pre-emption Act (XIV of 1950),
North-West Frontier Province Pre-emption Act (X of 1987),
Constitution of Pakistan (1973)
|
| Sections |
6,
13,
35(3),
185(3)
|