| Case ID |
5cad5bc5-1e6d-44cf-8305-d5f91f78085b |
| Body |
View case body. Login to View |
| Case Number |
Civil Review Petition No. 187 of 1998 in Civil App |
| Decision Date |
Jan 24, 2003 |
| Hearing Date |
|
| Decision |
The Supreme Court allowed the review petition to the extent that the Distribution of Property (Chitral) Regulation, 1974 (Regulation II of 1974) and the Settlement of Disputes of Immovable Property (Chitral) Regulation, 1974 (Regulation III of 1974) were not repealed by section 11 of the Provincially Administered Tribal Areas (Nifaz-e-Nizam-e-Shariah) Regulation, 1994. The Court found that there was a mistake apparent on the record regarding the repeal status of the mentioned regulations, which could lead to jurisdiction-related complications in future cases. The Court rejected the respondents' request for the dismissal of the suit due to the absence of a review petition from their side. |
| Summary |
This case revolves around a review petition filed by the Government of N.-W.F.P. concerning the interpretation of the Distribution of Property (Chitral) Regulation and its repeal status under the Provincially Administered Tribal Areas (Nifaz-e-Nizam-e-Shariah) Regulation. The Supreme Court's decision clarified that the regulations in question were not repealed, thus affirming the jurisdiction of the civil court in related matters. This judgment has significant implications for property disputes in Chitral and the legal framework governing them. The ruling emphasizes the importance of accurate legal interpretations to avoid jurisdictional confusion in the future. The case highlights the interplay between local regulations and higher constitutional laws, making it a crucial reference point for future legal proceedings in similar contexts. Legal practitioners in property law should take note of this case as it sets a precedent regarding the interpretation of repealed regulations and the authority of civil courts in provincial matters. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
Nazim Hussain Siddiqui,
Qazi Muhammad Farooq,
Hamid Ali Mirza
|
| Lawyers |
Barrister Jehanzeb Rahim, Advocate-General, N.W.F.P.,
Barrister Masood Kausar, Advocate Supreme Court,
Raja Abdul Ghafoor, Advocate-on-Record,
Barrister Baacha Khan, Advocate Supreme Court
|
| Petitioners |
GOVERNMENT OF N.-W.F.P. through Chief Secretary and others
|
| Respondents |
ALL RESIDENTS OF THORIANDEH and MULDEH, TEHSIL AYUN, DISTRICT CHITRAL through Representatives and others
|
| Citations |
2003 SLD 3472 = 2003 PLD 491
|
| Other Citations |
1997 SCMR 846,
Fida Muhammad and 3 others v. All Residents of Rumboor Valley
|
| Laws Involved |
Distribution of Property (Chitral) Regulation,
Constitution of Pakistan,
Supreme Court Rules, 1980
|
| Sections |
III of 1974,
II of 1974,
II of 1994,
Article 188,
Order XXVI, Rule 1
|