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S. No. Shariat Petition No. & Law Challenged FSC Decision Appeal filed in
Party Names the
Hon.Supreme
Court of
Pakistan or not
with Status
1. Sh.P.No.1/L/1979 ‘Iztirar’ section 6 The use of liquor during iztrar is, Appeal not filed
Mr. Ghulam Nabi Awan (regarding drinking of therefore, not repugnant to the
Vs. liquor) of the Holy Quran or Sunnah. Nor can,
The Fed: of Pakistan Prohibition any objection be taken to the
(Enforcement of Hadd), definition of iztrar in the
Order 1979 challenged Prohibition (Enforcement of
being repugnant to Hadd), Order 1979. ‘Appeals
L/W injunctions of Islam. dismissed. (Judgment dated 13-
12-1980).PLD 1983-FS2C Page
55
Sh.P.No.18/K/1979
Syed Masood Ahmed Vs.
President of Pakistan Sections 17 of the said
Ord. (regarding
Licensee for Bonfire
Medicinal or other
Purpose).
2. Sh.P.No.1/K/1979 The death sentence The court has declared that the The Appeal has
Muhammad Shafi U/S 302 PPC R/W judgment of the Shariat Bench of Filed in the
Muhammadi Sec.109 and 111of PPC the Peshawar High Court 1-10- Supreme Court
Vs. is un Islamic unless it is 1979 in Gul Hassan Khan Vs PLD 1989 SC
The Federation of based on “Al-Haq”. Government of Pakistan reported Page-633.
Pakistan as PLD 1980 Peshawar-1,
S.P.No.13/L/1979 declaring sections 54, 55 and 302
Muhammad Riaz Vs. of the Pakistan penal code and
Federal Govt. another sections 345 (7),401,402 and
402-B of code of Criminal
L/W Procedure with the relevant parts
S.P.No.69/L/1979 of the schedule repugnant to
L/W Injunctions of Islam has binding
S.P.No.09/L/1980 and holds the field (2) It is held
L/W by majority that section 302 PPC
S.P.No.O2/K/1979 has also repugnant to Injunctions
L/W of Islam on the following
S.P.No.12/K/1979 additional ground:-
L/W No exemption of death sentence
S.P.No.07/K/1980 has been provided for (a) an
L/W offender who is insane at the
S.P.No.04/K/1980 time of execution and (b) a
L/W Parent killing his/her son (3)
S.P.No.20/L/1979 Sections 304 and 304-A have
Qisas and Diyat Ord. repugnant because they do not
also provide for composition and
payment “deeyat” (4) Sections
324,325,326,329,331 and 333
have repugnant because they do
not also provide for Qisas or
payment of compensation
(Deeyat, ursh or Daman). (5)
Further more sections 326 and
329 have repugnant because they
do not provide for payment of
“Deeyat” (6) Sections 335, and
338 are repugnant because they
do not also provide for payment
of Deeyat. (7) other provisions
relating in hurt in chapter “XVI”
of PPC have repugnant as they do
not provide for absolute
compundability and payment of
compensation (Deeyat) ursh or
2
L/W
S.P.No.55-L/1979
L/W
Sh.P.No.56-L/1979
L/W
S.P.No.57-L/1979
L/W
Sh.P.No.58-L/1979
L/W
Sh.P.No.46-L/1979
L/W
Sh.P.No.47-L/1979
L/W
Sh.P.No.48-L/1979
L/W
Sh.P.No.49-L/1979
L/W
Sh.P.No.51-L/1979
L/W
Sh.P.No.61-L/1979
L/W
Sh.P.No.63-L/1979
L/W
Sh.P.No.64-L/1979
L/W
Sh.P.No.65-L/1979
L/W
Sh.P.No.72-L/1979
L/W
Sh.P.No.45-L/1979
L/W
Sh.P.No.73-L/1979
L/W
Sh.P.No.74-L/1979
L/W
Sh.P.No.75-L/1979
L/W
Sh.P.No.27-P/1979
L/W
Sh.P.No.01-P/1979
L/W
Sh.P.No.05-P/1980
L/W
Sh.P.No.36-K/1979
L/W
S.P.No.13-L/1980
L/W
S.P.No.14-L/1980
L/W
S.P.No.17-L/1980
L/W
S.P.No.18-L/1980
L/W
S.P.No.19-L/1980
L/W
S.P.No.20-L/1980
L/W
S.P.No.22-L/1980
L/W
S.P.No.04-R/1980
L/W
S.P.No.05-R/1980
L/W
S.P.No.03-L/1980
L/W
S.P.No.04-L/1980
L/W
S.P.No.28-L/1979
4
L/W
S.P.No.35-L/1979
L/W
S.P.No.76-L/1979
L/W
S.P.No.23-L/1980
L/W
S.P.No.05-L/1980
L/W
S.P.No.07-L/1980
L/W
S.P.No.08-L/1980
L/W
S.P.No.03-R/1980
4. S.P.No.03/L/1979 i. ‘Acquisition of land’ The judgment in the aforesaid Paragraph 25(1)
Malik Haji Muhammad (Housing Act 1973) subject matter was passed in of the regulation
Aslam etc Vs. ii. Section 2(f) Punjab S.P.No.02-L/1979 vide Court’s has already been
Govt. of Punjab Development of order dated 13.12.1980 vide PLD repugnant PLD-
Cities Act of 1976 1981 FSC Page 23. 1986 SC Page-
challenged being 360.
repugnant to Sh.A.No.1,3,8,9,1
injunctions of Islam. 0 of 1981 and 1
of 1987 are
Allowed and Sh.
A.No 4 of 1981
with reservation
contained in
Para 3 above of
1984 are partly
Allow dated on
10-8-1989 PLD
1990 SC Page-99.
and The
Rev.Petition has
been dismissed
being barred by
time dated 14-
12-1991
5. S.P.No.04/Q/1979 Request for omission Dismissed on 14.4.1981. Appeal not filed
Ghulam Kibriya of section offence of
Vs. zina EHO, Ord.1979.
The Federation of
Pakistan
6. S.P.No.04/L/1979 Section 302 PPC, Disposed of as withdrawn. Appeal not filed
Malik Ghulam Jilani section 345 (7) Cr.P.c Order dated 28-4-1979.
Vs. r/w column 6 of the
The Federation of second schedule of the
Pakistan and others Cr.P.c against the entry
of section 302 PPC
being contrary to the
injunctions of Islam.
7. S.P.No.05/L/1979 Section 25 of MLR-115 The judgment in the aforesaid Paragraph 25(1)
Subedar Lal Khan Vs. challenged being subject matter was passed in of the regulation
Central Government of repugnant to S.P.No.02-L/1979 vide Court’s has already been
Pakistan injunctions of Islam order dated 13.12.1980 vide PLD repugnant PLD-
1981 FSC Page 23 order dated 1986 SC Page-
13.12.1980 360.
Sh.A.No.1,3,8,9,1
0 of 1981 and 1
of 1987 are
Allowed and Sh.
A.No 4 of 1981
with reservation
contained in
Para 3 above of
1984 are partly
Allow dated on
10-8-1989 PLD
5
1990 SC Page-99.
and The
Rev.Petition has
been dismissed
being barred by
time dated 14-
12-1991
8. S.P.No.06/L/1979 Section 25(3)(d) of The judgment in the aforesaid Paragraph 25(1)
Sh. Ghulam Farooq Vs. Martial Law Regulation subject matter was passed in of the regulation
Federation of Pakistan 115 (regarding Punjab S.P.No.02-L/1979 vide Court’s has already been
Pre emption Act, 1913, order dated 13.12.1980 vide PLD repugnant PLD-
Land Reform Act, 1981 FSC Page 23 order dated 1986 SC Page-
1972) challenged being 13.12.1980 360.
repugnant to Sh.A.No.1,3,8,9,1
injunctions of Islam 0 of 1981 and 1
of 1987 are
Allowed and Sh.
A.No 4 of 1981
with reservation
contained in
Para 3 above of
1984 are partly
Allow dated on
10-8-1989 PLD
1990 SC Page-99.
and The
Rev.Petition has
been dismissed
being barred by
time dated 14-
12-1991
9. S.P.No.07/L/1979 Sections 5,7,8,9,14,15 The judgment in the aforesaid Paragraph 25(1)
Muhammad Ali and 16 of Punjab Pre subject matter was passed in of the regulation
Vs. emption Act, 1913 and S.P.No.02-L/1979 vide Court’s has already been
Govt. of Pakistan Para 25(3)(d) MLR-115 order dated 13.12.1980 vide PLD repugnant PLD-
challenged being 1981 FSC Page 23 order dated 1986 SC Page-
repugnant to 13.12.1980 360.
injunctions of Islam Sh.A.No.1,3,8,9,1
0 of 1981 and 1
of 1987 are
Allowed and Sh.
A.No 4 of 1981
with reservation
contained in
Para 3 above of
1984 are partly
Allow dated on
10-8-1989 PLD
1990 SC Page-99.
and The
Rev.Petition has
been dismissed
being barred by
time dated 14-
12-1991
10. S.P.No.08/L/1979 Section 15 of the The judgment in the aforesaid Paragraph 25(1)
Muhammad Hussain Punjab Pre emption subject matter was passed in of the regulation
Vs. Act, 1913 and Para S.P.No.02-L/1979 vide Court’s has already been
Islamic Republic of 25(3)(d) LRR Act, 1972 order dated 13.12.1980 vide PLD repugnant PLD-
Pakistan challenged being 1981 FSC Page 23 order dated 1986 SC Page-
repugnant to 13.12.1980 360.
injunctions of Islam Sh.A.No.1,3,8,9,1
0 of 1981 and 1
of 1987 are
Allowed and Sh.
A.No 4 of 1981
with reservation
contained in
6
Para 3 above of
1984 are partly
Allow dated on
10-8-1989 PLD
1990 SC Page-99.
and The
Rev.Petition has
been dismissed
being barred by
time dated 14-
12-1991
11. S.P.No.09/L/1979 Section 15 of the The judgment in the aforesaid Paragraph 25(1)
Muhammad Bashir Vs. Punjab Pre emption subject matter was passed in of the regulation
Islamic Republic of Act, 1913 and Land S.P.No.02-L/1979 vide Court’s has already been
Pakistan Reform Regulation Act, order dated 13.12.1980 vide PLD repugnant PLD-
1972 challenged being 1981 FSC Page 23 order dated 1986 SC Page-
repugnant to 13.12.1980 360.
injunctions of Islam Sh.A.No.1,3,8,9,1
0 of 1981 and 1
of 1987 are
Allowed and Sh.
A.No 4 of 1981
with reservation
contained in
Para 3 above of
1984 are partly
Allow dated on
10-8-1989 PLD
1990 SC Page-99.
and The
Rev.Petition has
been dismissed
being barred by
time dated 14-
12-1991
12. S.P.No.10/L/1979 Section 25 of MLR-115 The judgment in the aforesaid Paragraph 25(1)
Khizir Hayat and sections 16 and 17 subject matter was passed in of the regulation
Vs. of Punjab Pre emption S.P.No.02-L/1979 vide Court’s has already been
The Federation of Act, 1913 challenged order dated 13.12.1980 vide PLD repugnant PLD-
Pakistan, the Province being repugnant to 1981 FSC Page 23 order dated 1986 SC Page-
of Punjab injunctions of Islam 13.12.1980 360.
Sh.A.No.1,3,8,9,1
0 of 1981 and 1
of 1987 are
Allowed and Sh.
A.No 4 of 1981
with reservation
contained in
Para 3 above of
1984 are partly
Allow dated on
10-8-1989 PLD
1990 SC Page-99.
and The
Rev.Petition has
been dismissed
being barred by
time dated 14-
12-1991
13. S.P.No.11/L/1979 Section 302 PPC; Dismissed in default. Appeal not filed
Muhammad section 345(7) Cr.P.c. in Order dated; 16-9-1979
Vs. the light of Injunction
Fed: of Pakistan of Islam.
7
14. S.P.No.12/L/1979 1.MLR-115 and Para 25 The judgment in the aforesaid Paragraph 25(1)
Haji Rahim Bakhsh Vs. sub Para 3(d) and subject matter was passed in of the regulation
Govt. of Pakistan sub Para 5,6,7,8 and S.P.No.02-L/1979 vide Court’s has already been
9 of Land Reforms order dated 13.12.1980 vide PLD repugnant PLD-
Regulation, 1972 1981 FSC Page 23 order dated 1986 SC Page-
ii. Section 15 and 16 of 13.12.1980, 360.
Punjab Pre emption Sh.A.No.1,3,8,9,1
Act, 1913 challenged 0 of 1981 and 1
being repugnant to of 1987 are
injunctions of Islam Allowed and Sh.
A.No 4 of 1981
with reservation
contained in
Para 3 above of
1984 are partly
Allow dated on
10-8-1989 PLD
1990 SC Page-99.
and The
Rev.Petition has
been dismissed
being barred by
time dated 14-
12-1991
15. S.P.No.12/K/1979 The death sentence The court has declared that the Appeal Filed
Muhammad Shafi U/S 302 PPC R/W judgment of the Shariat Bench of PLD 1989 SC
Muhammadi Sec.109 and 111of PPC the Peshawar High Court 1-10- Page-633.
Vs. is un Islamic unless it is 1979 in Gul Hassan Khan Vs
The Federation of based on “Al-Haq”. Government of Pakistan reported
Pakistan as PLD 1980 Peshawar-1,
Linked with declaring sections 54, 55 and 302
S.P.No.1/K/1979 of the Pakistan penal code and
Muhammad Shafi sections 345 (7),401,402 and
Muhammadi 402-B of code of Criminal
Vs. Procedure with the relevant parts
The Federation of of the schedule repugnant to
Pakistan Injunctions of Islam has binding
Linked with and holds the field (2) It is held
S.P.No.2/K/1979 L/W by majority that section 302 PPC
S.P.No.4/K/1980 L/W has also repugnant to Injunctions
S.P.No.7/K/1980 L/W of Islam on the following
Ghazi and others Vs. additional ground:-
The Federation of No exemption of death sentence
Pakistan has been provided for (a) an
Linked with offender who is insane at the
S.P.No.20/K/1979 time of execution and (b) a
Imadullah Unar Parent killing his/her son (3)
Vs. Sections 304 and 304-A have
Federation of Pakistan repugnant because they do not
and others also provide for composition and
payment “deeyat” (4) Sections
324,325,326,329,331 and 333
have repugnant because they do
not also provide for Qisas or
Linked with payment of compensation
S.P.No.13/L/1979 (Deeyat, ursh or Daman). (5)
Further more sections 326 and
329 have repugnant because they
do not provide for payment of
“Deeyat” (6) Sections 335, and
338 are repugnant because they
Linked with do not also provide for payment
of Deeyat. (7) other provisions
S.P.No.69/L/1979 relating in hurt in chapter “XVI”
of PPC have repugnant as they do
not provide for absolute
compundability and payment of
compensation (Deeyat) ursh or
8
Allow dated on
10-8-1989 PLD
1990 SC Page-99.
and The
Rev.Petition has
been dismissed
being barred by
time dated 14-
12-1991
19. S.P.No.15/L/1979 Land Reforms In view of the opinion of majority, Paragraph 25(1)
M. Akram regulation 1972 Punjab the provisions of Martial Law of the regulation
Vs. pre-emption Act, 1913 Regulation1972, (MLR-115) and has already been
Government of Pakistan challenged being Land Reform Act, 1977, all these repugnant PLD-
and others repugnant to petitions have been dismissed 1986 SC Page-
injunctions of Islam. vide Court’s order dated 360.
13.12.1980. Sh.A.No.1,3,8,9,1
0 of 1981 and 1
of 1987 are
Allowed and Sh.
A.No 4 of 1981
with reservation
contained in
Para 3 above of
1984 are partly
Allow dated on
10-8-1989 PLD
1990 SC Page-99.
and The
Rev.Petition has
been dismissed
being barred by
time dated 14-
12-1991
20. S.P.No.16/L/1979 U/s 15 of Punjab Pre In view of the opinion of majority, Paragraph 25(1)
Haji Sadiq Beig and emption Act, 1913 the provisions of Martial Law of the regulation
another challenged being Regulation1972, (MLR-115) and has already been
Vs. repugnant to Land Reform Act, 1977, all these repugnant PLD-
Province of Punjab etc injunctions of Islam. petitions have been dismissed 1986 SC Page-
vide Court’s order dated 360.
13.12.1980. Sh.A.No.1,3,8,9,1
0 of 1981 and 1
of 1987 are
Allowed and Sh.
A.No 4 of 1981
with reservation
contained in
Para 3 above of
1984 are partly
Allow dated on
10-8-1989 PLD
1990 SC Page-99.
and The
Rev.Petition has
been dismissed
being barred by
time dated 14-
12-1991
21. S.P.No.16/K/1979 Representation of Dismissed on 13.12.1980 Appeal has not
G.M. Salim and another People Act, 1979 (Act filed.
Vs. No. LXXXV of 1976) is
Federation of Pakistan repugnant to the
Injunctions of Islam.
22. S.P.No.17/L/1979 Petitioner prayed that Dismissed on 17.02.1981. Appeal not filed
Shah Muhammad Vs. Section 4 of Muslim However, this matter was not
The Federation of Family Laws Ord. VIII within the jurisdiction of this
Pakistan & the of 1961 and the effect Court as mentioned in Court’s
Government of Punjab of order pass Para 46 order dated 17.2.1981, passed in
L/W of west Pakistan S.P.No.10-L/1980.
11
S.P.No.10/L/1980 rehabilitation
L/W settlement Scheme
S.P.No.19/L/1979 may kindly be declared
L/W being repugnant to
S.P.No.11/L/1980 injunctions of Islam.
L/W
S.P.No.12/L/1980
23. S.P.No.18/L/1979 345 Cr.P.c which in Vide Court order dated Appeal not filed
Mst. Zuhra Bibi terms does not include 28.4.1979. The matter has been
Vs. section 302 PPC as disposed of as withdrawn.
Government of Punjab amongst the
compoundable offence
and subsection (7)
challenged being
repugnant to
injunctions of Islam.
24. S.P.No.18/K/1979 Challenged Dismissed on 13.12.1980 Appeal has not
Syed Masood Ahmad Presidential Order (Original Judgment in S.P.No.1-L- filed.
Vs. NO.3 of 1979 dated 1979)
President of Pakistan 10.2.1979.
L/W
S.P.No.1/L/1979
25. S.P.No.19/L/1979 Petitioner praying that Dismissed on 17.02.1981. Appeal not filed
Ch: Abdul Salam Section 4 of Muslim However, this matter was not
Vs. Family Laws 1961 be within the jurisdiction of this
The Federal Govt of declare repugnant to Court as mentioned in Court’s
Pakistan & Province of injunctions of Islam. order dated 17.2.1981, passed in
Punjab S.P.No.10-L/1980.
26. S.P.No.19/K/1979 Challenged Dismissed on 13.12.1980 Appeal has not
Syed Masood Ahmad Presidential Order filed.
Vs. NO.3 of 1979 dated
President of Pakistan 10.2.1979.
27. S.P.No.20/L/1979 Petitioner prayed that Vide order dated 28.4.1979. The Appeal not filed
Muhammad Sharif the provision of Section case was disposed of as
Vs. 302 PPC providing withdrawn.
The Federal Sentence of death
Government of Pakistan awarded to the
petitioners is contrary
to the repugnant to
injunctions of Islam.
28. S.P.No.21/L/1979 Petitioner praying that Vide order dated 28.4.1979. The Appeal not filed
Asghar Ali Moona the Land Reform case was disposed of as
Vs. Regulation, 1972 Para withdrawn.
Government of Pakistan 25, Sub Para 3(D) and
and another Sub Para (5), (6), (7),
(8) & (9) provision that
a tenant at will has the
prior west right of pre
emption being
repugnant to
injunction of Islam.
29. S.P.No.22/L/1979 Petitioner prayed that Dismissed in default vide Court’s Appeal not filed
Muhammad Shariaf for declaration a order dated 16.9.1979.
Vs. marriage solemnized
The State without the permission
and consent of Wahi,
against the Sunnah of
the Holy prophet
(PBUH), and the
provisions of Section
251 of Muhammadan
Law, be omitted from
the said Act, being
repugnant to
injunctions of Islam.
30. S.P.No.23/L/1979 MLR-115, Para 25 3(d) The judgment in the aforesaid Paragraph 25(1)
Ali Muhammad etc and section 6 of the Act subject matter was passed in of the regulation
12
Vs. (regarding Punjab Pre S.P.No.02-L/1979 vide Court’s has already been
The State emption Act, 1913, order dated 13.12.1980 vide PLD repugnant PLD-
Land Reform Act, 1981 FSC Page 23. 1986 SC Page-
1972) prayed that the 360.
above section may Sh.A.No.1,3,8,9,1
kindly be declared to 0 of 1981 and 1
be in contravention of of 1987 are
Islamic Injunctions and Allowed and Sh.
Ultra-vires of Islamic A.No 4 of 1981
Tenets being repugnant with reservation
to injunctions of Islam. contained in
Para 3 above of
1984 are partly
Allow dated on
10-8-1989 PLD
1990 SC Page-99.
and The
Rev.Petition has
been dismissed
being barred by
time dated 14-
12-1991
31. S.P. No.24/L/1979 MLR-115, Para 25 3(d) The judgment in the aforesaid Paragraph 25(1)
Jahan Khan and others (regarding Punjab Pre subject matter was passed in of the regulation
Vs. emption Act, 1913, S.P.No.02-L/1979 vide Court’s has already been
Nazir and others Land Reform Act, order dated 13.12.1980 vide PLD repugnant PLD-
1972) prayed that it 1981 FSC Page 23. 1986 SC Page-
may kindly be declared 360.
that the tenants have Sh.A.No.1,3,8,9,1
no right of pre emption 0 of 1981 and 1
being repugnant to of 1987 are
injunctions of Islam. Allowed and Sh.
A.No 4 of 1981
with reservation
contained in
Para 3 above of
1984 are partly
Allow dated on
10-8-1989 PLD
1990 SC Page-99.
and The
Rev.Petition has
been dismissed
being barred by
time dated 14-
12-1991
32. S.P.No.24/K/1979 Challenged the vires of Dismissed on 13.6.1982, on the Appeal has not
Essa E.H. Jaffar Section 34 of Code of ground that the Pakistan Refugee filed.
Vs. Civil Procedure and Rehabilitation Finance
Secretary of Pakistan section 10 of the Corporation Ordinance 1960 sets
and another Pakistan Refugee up a Corporation of the same by
Rehabilitation Finance finances provided by the
Corporation Ordinance, Government for lending money to
1960. small businessman in order to
improve their financial position.
This is an Ordinance which deals
with Government finances. Even
if the expression ‘fiscal law’ was
used in the narrow meaning as
urged by the counsel for the
petitioner, the Ordinance would
fall within its ambit also.
33. S.P. No.25/L/1979 MLR 115 Waqf The judgment in the aforesaid Paragraph 25(1)
Qazlibash Property challenged subject matter was passed in of the regulation
Vs. being repugnant to S.P.No.02-L/1979 vide Court’s has already been
Chief Land injunctions of Islam. order dated 13.12.1980 vide PLD repugnant PLD-
13
34. S.P. No.26/L/1979 Punjab Pre emption This appeal has been dismissed Paragraph 25(1)
Nisar Ahmed Act, 1913 (Act 1 of in default vide order dated of the regulation
Vs. 1913) and paragraph 16.9.1979. However, the has already been
Islamic Republic & 25(d) of Law Reform judgment in the aforesaid subject repugnant PLD-
another Regulation 1972, Law matter was passed in S.P.No.02- 1986 SC Page-
of Limitation Act, 1908, L/1979 vide Court’s order dated 360.
petitioner prayed that 13.12.1980 vide PLD 1981 FSC Sh.A.No.1,3,8,9,1
the case may kindly be Page 23. 0 of 1981 and 1
examined and it be of 1987 are
declared that the said Allowed and Sh.
prices of legislation are A.No 4 of 1981
against the repugnant with reservation
to injunctions of Islam. contained in
Para 3 above of
1984 are partly
Allow dated on
10-8-1989 PLD
1990 SC Page-99.
and The
Rev.Petition has
been dismissed
being barred by
time dated 14-
12-1991
35. S.P.No.27/L/1979 Section 3, 4, 14, 15, 19 The judgment in the aforesaid Paragraph 25(1)
Muhammad Ibrahim & 20 of Punjab Pre subject matter was passed in of the regulation
Vs. emption Act, 1913, S.P.No.02-L/1979 vide Court’s has already been
Barkhurdar etc. challenged being order dated 13.12.1980 vide PLD repugnant PLD-
repugnant to 1981 FSC Page 23. 1986 SC Page-
injunctions of Islam. 360.
Sh.A.No.1,3,8,9,1
0 of 1981 and 1
of 1987 are
Allowed and Sh.
A.No 4 of 1981
with reservation
contained in
Para 3 above of
1984 are partly
Allow dated on
10-8-1989 PLD
1990 SC Page-99.
and The
Rev.Petition has
been dismissed
being barred by
14
36. S.P No.27/P/1979 Provisions of NWFP Final order is not available in the
Paragraph 25(1)
Pir Qutub Shah Pre emption Act, 1950 file, however, the judgment on the
of the regulation
Vs. challenged being same subject matter was passed has already been
The State repugnant to in S.P.No.02-L/1979 vide Court’s repugnant PLD-
injunctions of Islam. order dated 13.12.1980 vide PLD 1986 SC Page-
1981 FSC Page 23 360.
Sh.A.No.1,3,8,9,1
0 of 1981 and 1
of 1987 are
Allowed and Sh.
A.No 4 of 1981
with reservation
contained in
Para 3 above of
1984 are partly
Allow dated on
10-8-1989 PLD
1990 SC Page-99.
and The
Rev.Petition has
been dismissed
being barred by
time dated 14-
12-1991
37. S.P.No.28/L/1979 MLR 115, Punjab The judgment in the aforesaid Paragraph 25(1)
Malik Haji Muhammad Acquisition of Land subject matter was passed in of the regulation
Aslam etc Vs. (Housing) Act, 1975, S.P.No.02-L/1979 vide Court’s has already been
Federation of Pakistan Punjab Development of order dated 13.12.1980 vide PLD repugnant PLD-
Cities Act, 1976. 1981 FSC Page 23. 1986 SC Page-
360.
Sh.A.No.1,3,8,9,1
0 of 1981 and 1
of 1987 are
Allowed and Sh.
A.No 4 of 1981
with reservation
contained in
Para 3 above of
1984 are partly
Allow dated on
10-8-1989 PLD
1990 SC Page-99.
and The
Rev.Petition has
been dismissed
being barred by
time dated 14-
12-1991
38. S.P No.28/P/1979 Section 2(IIA) of the Dismissed on 7.3.1981 being Appeal not filed
Raqeem Khan Dissolution of Muslim incompetent in view of the
Vs. Marriage Act, 1939 judgment of Supreme Court of
Govt. of Pakistan granting a wife the Pakistan in Shariat Appeal No.2-
right to obtain divorce P/1980
challenged being
repugnant to
injunctions of Islam.
39. S.P.No.28/K/1979 Challenged validity of Dismissed on 13.12.1980 for Appeal has not
Habibur Rehman the Political Parties want of jurisdiction filed.
Kandhalvi Act, 1962.
Vs.
Government of Pakistan
Linked with
S.P.No.66/L/1979
15
paragraphs.
48. Sh.P.No.35/L/1979 Punjab Acquisition of The judgment in the aforesaid Paragraph 25(1)
Syed Bakhtiar Abbas Land (Housing) Act, subject matter was passed in of the regulation
Vs. 1973 r/w section 25 of S.P.No.02-L/1979 vide Court’s has already been
The Govt. of Punjab the Punjab order dated 13.12.1980 vide PLD repugnant PLD-
Development Cities 1981 FSC Page 23. 1986 SC Page-
Act, 1976 petitioner 360.
seeks declaration to Sh.A.No.1,3,8,9,1
the effect that the 0 of 1981 and 1
above mentioned of 1987 are
provisions of the above Allowed and Sh.
Act are being A.No 4 of 1981
repugnant to with reservation
injunctions of Islam. contained in
Para 3 above of
1984 are partly
Allow dated on
10-8-1989 PLD
1990 SC Page-99.
and The
Rev.Petition has
been dismissed
being barred by
time dated 14-
12-1991
49. Sh.P.No.36/L/1979 MLR. 115 (regarding The judgment in the aforesaid Appeal not filed
Khushi Muhammad Punjab Pre emption subject matter was passed in
Vs. Act, 1913, Land Reform S.P.No.02-L/1979 vide Court’s
Federation of Pakistan Act, 1972) petitioner order dated 13.12.1980 vide PLD
prayed that the legal 1981 FSC Page 23.
prevision impugned
herein may graciously
be declared to be
repugnant to
injunctions of Islam.
50. Sh.P.No.36/K/1979 Challenged the See Judgment in S.P.No.2-L-1979 Paragraph 25(1)
Syed Qammurul provision of MLR 115 as this court has already held in of the regulation
Hasnain and others Vs. (Land Reforms Hafiz Muhammad Amin vs. The has already been
Fed. Govt. of Pakistan Regulation). Islamic Republic of Pakistan (PLD repugnant PLD-
. 1981 FSC 23) that this matter is 1986 SC Page-
not within the jurisdiction of this 360.
court. Sh.A.No.1,3,8,9,1
0 of 1981 and 1
of 1987 are
Allowed and Sh.
A.No 4 of 1981
with reservation
contained in
Para 3 above of
1984 are partly
Allow dated on
10-8-1989 PLD
1990 SC Page-99.
and The
Rev.Petition has
been dismissed
being barred by
time dated 14-
12-1991
51. Sh.P.No.37/L/1979 Section 302, 307, 452, Dismissed in default vide Court’s Appeal not filed
Amir Sultan Shah etc. 148, 149 PPC and order dated 16.9.1979.
Vs. section 345 Cr.P.c
Government of challenged being
Pakistan etc. repugnant to
injunctions of Islam.
52. Sh.P.No.38/L/1979 Para 25(3) (d) of MLR- The judgment in the aforesaid Appeal not filed
Kalu 115, section 30 of subject matter was passed in
18
injunctions of Islam.
58. Sh.P.No.42/L/1979 Section 302 PPC The petition was dismissed in Appeal not filed
Ali Muhammad petitioner prayed that default vide Court’s order dated
Vs. the provision of PPC 16.9.1979
Government of Pakistan pertaining to culpable
homicide amounting to
murder coupled with II
schedule attached to
Criminal Procedure
Code, wherein Section
302 PPC has bee
shown as non-
compoundable may be
examined and declared
being repugnant to
injunctions of Islam.
59. Sh.P.No.43/L/1979 MLR-115, Sections 30 The judgment in the aforesaid Appeal not filed
Muhammad Latif etc. of Punjab Pre emption subject matter was passed in
Vs. Act, 1913 and section S.P.No.02-L/1979 vide Court’s
Government of Pakistan 10 of the Limitation Act order dated 13.12.1980 vide PLD
etc. petitioner prayed that 1981 FSC Page 23.
it may graciously be
declared that above
section of Laws being
repugnant to
injunctions of Islam.
60. Sh.P.No.44/L/1979 MLR-115, Land Reform The judgment in the aforesaid Paragraph 25(1)
Mst. Bushra Bibi Act II of 1977 and rules subject matter was passed in of the regulation
Vs. framed there under S.P.No.02-L/1979 vide Court’s has already been
Deputy Land challenged being order dated 13.12.1980 vide PLD repugnant PLD-
Commissioner repugnant to 1981 FSC Page 23. 1986 SC Page-
Rahimyar Khan & 2 injunctions of Islam 360.
others Sh.A.No.1,3,8,9,1
0 of 1981 and 1
of 1987 are
Allowed and Sh.
A.No 4 of 1981
with reservation
contained in
Para 3 above of
1984 are partly
Allow dated on
10-8-1989 PLD
1990 SC Page-99.
and The
Rev.Petition has
been dismissed
being barred by
time dated 14-
12-1991
61. Sh.P.No.45/L/1979 Para 25 (3)(d) MLR The judgment in the aforesaid Appeal not filed
Malik Ghulam Haidar 115 (regarding Punjab subject matter was passed in
Vs. Pre emption Act, 1913, S.P.No.02-L/1979 vide Court’s
Govt of Pakistan Land Reform Act, order dated 13.12.1980 vide PLD
1972) challenged being 1981 FSC Page 23.
repugnant to
injunctions of Islam
62. Sh.P.No.46/L/1979 Para 25 (3)(d) MLR The judgment in the aforesaid Appeal not filed
Muhammad Yousaf 115, Punjab Pre subject matter was passed in
Vs. emption Act, 1913 S.P.No.02-L/1979 vide Court’s
Government of Pakistan challenged being order dated 13.12.1980 vide PLD
repugnant to 1981 FSC Page 23.
injunctions of Islam
63. Sh.P.No.47/L/1979 Para 25 (d)(d)MLR- The judgment in the aforesaid Appeal not filed
Mushtaq Ahmad Khan 115, section 15 of subject matter was passed in
Vs. Punjab Pre emption S.P.No.02-L/1979 vide Court’s
Government of Punjab Act, 1913, Article 268 order dated 13.12.1980 vide PLD
20
Allow dated on
10-8-1989 PLD
1990 SC Page-99.
and The
Rev.Petition has
been dismissed
being barred by
time dated 14-
12-1991
71. Sh.P.No.55/L/1979 MLR 115, Sub clause vii The judgment in the aforesaid Paragraph 25(1)
Muhammad Uzair Shah of section 2 of Land subject matter was passed in of the regulation
Vs. Reform Act, 1977 S.P.No.02-L/1979 vide Court’s has already been
Land Commissioner challenged being order dated 13.12.1980 vide PLD repugnant PLD-
Rahimyar Khan etc. repugnant to 1981 FSC Page 23. 1986 SC Page-
injunctions of Islam 360.
Sh.A.No.1,3,8,9,1
0 of 1981 and 1
of 1987 are
Allowed and Sh.
A.No 4 of 1981
with reservation
contained in
Para 3 above of
1984 are partly
Allow dated on
10-8-1989 PLD
1990 SC Page-99.
and The
Rev.Petition has
been dismissed
being barred by
time dated 14-
12-1991
72. Sh.P.No.56/L/1979 MLR 115, Sub clause vii The judgment in the aforesaid Paragraph 25(1)
Tehseen Ahmed Shah of section 2 of Land subject matter was passed in of the regulation
Vs. Reform Act, 1977 S.P.No.02-L/1979 vide Court’s has already been
Land Commissioner etc. challenged being order dated 13.12.1980 vide PLD repugnant PLD-
repugnant to 1981 FSC Page 23. 1986 SC Page-
injunctions of Islam. 360.
Sh.A.No.1,3,8,9,1
0 of 1981 and 1
of 1987 are
Allowed and Sh.
A.No 4 of 1981
with reservation
contained in
Para 3 above of
1984 are partly
Allow dated on
10-8-1989 PLD
1990 SC Page-99.
and The
Rev.Petition has
been dismissed
being barred by
time dated 14-
12-1991
73. Sh.P.No.57/L/1979 MLR 115, Sub clause vii The judgment in the aforesaid Paragraph 25(1)
Muhammad Awais Shah of section 2 of Land subject matter was passed in of the regulation
Vs Reform Act, 1977 S.P.No.02-L/1979 vide Court’s has already been
Dy Land Commissioner challenged being order dated 13.12.1980 vide PLD repugnant PLD-
Rahimyar Khan etc repugnant to 1981 FSC Page 23. 1986 SC Page-
injunctions of Islam. 360.
Sh.A.No.1,3,8,9,1
0 of 1981 and 1
of 1987 are
22
74. Sh.P.No.58/L/1979 MLR 115, Sub clause vii The judgment in the aforesaid Paragraph 25(1)
Amina Bibi of section 2 of Land subject matter was passed in of the regulation
Vs Reform Act, 1977 S.P.No.02-L/1979 vide Court’s has already been
land Commissioner challenged being order dated 13.12.1980 vide PLD repugnant PLD-
repugnant to 1981 FSC Page 23. 1986 SC Page-
injunctions of Islam 360.
Sh.A.No.1,3,8,9,1
0 of 1981 and 1
of 1987 are
Allowed and Sh.
A.No 4 of 1981
with reservation
contained in
Para 3 above of
1984 are partly
Allow dated on
10-8-1989 PLD
1990 SC Page-99.
and The
Rev.Petition has
been dismissed
being barred by
time dated 14-
12-1991
75. Sh.P.No.59/L/1979 Section 2(a) 2(b) 2(d) By a majority of four to one, both Appeal filed in
Hazoor Bukhsh 2(e) 5, 6, (2) 8 and 17 the petitions are allowed, and it is the Hon’ble
Vs. of the Ordinance, VII of declared that the provisions of Supreme Court
Fed: of Pakistan etc. 1979, punishment of sentence of Rajam as Hadd in of Pakistan
Rajam challenged section 5 and 6 of the Offence of And has been
L/W being repugnant to Zina (Enforcement of Hudood) dismissed as
injunctions of Islam. Ordinance, 1979 are repugnant to withdrawn on
Sh.P.No.62/L/1979 injunctions of Islam and that the 9.4.1983
M.I. Choudhary etc only Hadd is one hundred stripes.
Vs. Hon’ble Court has also directed
Islamic Republic of that necessary amendments be
Pakistan etc. made in the sections noted above.
Judgment dated 21-3-1981.
PLD-1981 FSC Page-145.
76. Sh.P.No.60/L/1979 The Prohibition Dismissed on 16/9/1979 Appeal not filed
Dr. Muhammad Azam (Enforcement of Hadd)
Vs. Order, 1979 challenged
Federation of Pakistan being repugnant to
etc. injunctions of Islam.
77. Sh.P.No.61/L/1979 (MLR 115), Para 25 (3) The judgment in the aforesaid Appeal not filed
Muhammad Younas (d) of Land Reforms subject matter was passed in
Vs. Regulation, 1972 S.P.No.02-L/1979 vide Court’s
Province of Punjab challenged being order dated 13.12.1980 vide PLD
repugnant to 1981 FSC Page 23.
injunctions of Islam.
78. Sh.P.No.62/L/1979 Section 2(a) 2(b) 2(d) By a majority of four to one, both Appeal filed in
M.I. Choudhary 2(e) 5,6,(2) 8 and 17 of the petitions are allowed, and it is the Hon’ble
Vs. the Ord. VII of 1979, declared that the provisions of Supreme Court
23
1980
S. No. Shariat Petition No. & Law Challenged FSC Decision Appeal filed in
Party Names the
Hon.Supreme
Court of
Pakistan or not
with Status
93. Sh.P.No.1/L/1980 The Present petition Dated: 27-4-1981 Sh. A.No.
Mr.Noshir Rustam has been filed by a It was held that the extension of 17/1981. The
Sidhwa follower of the prohibition, in the Prohibition Hon’ble Supreme
Vs. Zoroastrian religion to (Enforcement of Hadd) Order, Court has partly
The Federation of challenge the 1979 to a non-Muslim was not allowed on 11-1-
Pakistan provisions placing an repugnant to the Holy Quran and 1988.
embargo on possession Sunnah of the Holy Prophet. The
and consumption of petition was dismissed to this
25
94. Sh.P.No.1/I/1980 The only question Dismissed in limine on 8.8.1981, Appeal has not
Muhammad Duryab involved is whether the on the ground that the law filed.
Yousaf Qureshi amendment in section involved in this petition in any
Vs. 17 of the Wapda Act by way against the spirit of Islam.
Chairman Wapda which the authority Sharia has given much flexibility
was invested with a to the relationship of employer
power to retire or and employ which is contractual
remove of its employ relationship.PLD 1983 FSC Page
without assigning any 17
reason after giving not
less than thirty days
notice or payment of
salary for the period of
such notice, other
terms and condition of
service
26
notwithstanding, is
repugnant to the Holy
Quran and Sunnah of
the Holy Prophet
(PBUH)
95. Sh.P No.01/P/1980 MLR-115 of 1972 The judgment on the same Appeal not filed
Sher Ali Khan regarding grant of land subject matter was passed in
Vs. free of charge to S.P.No.02-L/1979 vide Court’s
Govt. of Pakistan etc. tenants and Law order dated 13.12.1980 vide PLD
Reform Act, 1977 1981 FSC Page 23
challenged being
repugnant to
injunctions of Islam
96. Sh.P.No.1/K/1980 Prayed that the Court Dismissed on 3.8.1980 Appeal has not
Dr. Amanat Ali and to declare that the filed.
others taking of presently
Vs. operative “Misaq” from
Federation of Pakistan members of Dawoodi
Bohra Community is
Linked with against the Quran and
the Sunnah of the
Prophet and the
Sh.P.No.2/K/1980 teachings of Islam
Abdul Hussain Dismissed on 16.12.1980 for
S.Motiwala Prayed that the court want of jurisdiction.
Vs. may be decided and
Sayedna Dr. examined whether or
Surhanuddin and other not the police usage of
taking to and retaining
in the than a man,
woman or child under
section 54 and 61 of
Cr.P.C is repugnant to
the injunctions of Islam
97. Sh.P.No.1/K/1980 Concerns a Contract Dismissed for want of jurisdiction Appeal has not
(A) between private on 16.12.1980 filed.
Ghufran Zaidi parties.
Vs.
The President of
Pakistan
98. Sh.P.No.2/I/1980 The petitioner has This petition is not entertain able Appeal has not
Qari Nishan Ali Abbasi challenged the Order being a personal matter and shall filed.
Vs. passed by MLA Zone’B’ be returned to the petitioner on
The State on the allegation he 13.1.1981.
had not right to
commute the death
sentence into life
imprisonment and the
decision was
repugnant to
injunction of Islam and
that the State has no
power to commute
sentence , this power
being vested only in
the heirs of the
deceased, whether they
pardon the murderer
or taken ‘Diyat’ (blood
money)
99. Sh.P.No.2/L/1980 Challenged section 4 of Dismissed for non-prosecution Appeal has not
M. Iqbal and another the Muslim Family on 16-2-1980. filed.
Vs. Laws Ordinance, 1961.
Islamic Republic of Share of grandson and
Pakistan granddaughter.
100. Sh.P.No.2/K/1980 Prayed that the court Dismissed on 16.12.1980 for Appeal has not
Abdul Hussain may be decided and want of jurisdiction. filed.
27
110. Sh.P No.05/P/1980 Para 22, 24, 25 of Land The judgment on the same Appeal not filed
Syed Khushhal Khan Reform Regulation subject matter was passed in
etc. (MLR-115) of 1972 S.P.No.02-L/1979 vide Court’s
Vs. challenged being order dated 13.12.1980 vide PLD
Fed: Govt. of Pakistan
repugnant to 1981 FSC Page 23
injunctions of Islam
111. Sh.P.No.6/I/1980 Challenged Military Dismissed on 13.3.1982 on the Filed in the
Mirza Muhammad Amin Law, Rules Law, ground that being payable on Supreme Court
and others Instructions, account of after death it is not request for with
Vs. Regulations, etc as property of the deceased but is a drawl the same
The Federation of repugnant to the gift or bounty of the State to his having become
Pakistan injunctions of Islam. widow and it is also not heritable. in infrecutious
This was conceded by the learned dt.6.2.1991.
counsel for the petitioner too.PLD
1982 FSC Page 143
112. Sh.P.No.06/L/1980 National Registration Dismissed vide Court’s order Appeal filed in
Abu-Dawood Act, 1973 petitioner dated 03.12.1980 with the Hon’ble
Muhammad Sadiq prayed that the observation that Hon’ble Court Supreme Court
Vs. provisions of the did not find the law repugnant to of Pakistan and
Government of Pakistan National Registration the injunctions of Islam.PLD dismissed on
Act 1973 and rules 1982 Page 36, FSC dated 16-5-1984.
made there under PLD 1986 SC
whereby the citizen of Page 564
Pakistan have been
required to affix their
Photographs on the
application forms for
issuance of identity
cards are opposed to
Islam and Hence Void
and of no legal effect..
113. Sh.P.No.6/K/1980 Personal grievance. Dismissed on 20.12.1980 for Appeal has not
Anwar beg Mirza want of jurisdiction filed.
Vs.
Federation of Pakistan
and others
114. Sh.P.No.7/R/1980 Against non-payment Returned on 11.11.1980as the Appeal has not
Masood Ahmad Zubari of arrears petitioner has not challenged any filed.
Vs. provisions of law
Govt: of Pakistan
115. Sh.P.No.07/L/1980 Para 25(3)(d) of MLR- The judgment in the aforesaid Appeal has not
Sh. Nasarullah Mushtaq 115, Punjab Pre subject matter was passed in filed.
etc. emption Act, 1913, S.P.No.02-L/1979 vide Court’s
Vs. Article 10 & 120 of order dated 13.12.1980 vide PLD
Govt. of Pakistan Limitation Act, 1908 1981 FSC Page 23.
petitioner prayed that
the above Sections of
law may kindly be
examined and it be
declared that the said
pieces of legislation are
against the injunctions
of Islam.
116. Sh.P.No.7/K/1980 Law of procedure Dismissed on 21.12.1980 for Appeal has not
Muhammad Hamza want of jurisdiction filed.
Hashmi PLD 1980 FSC Page-1.
Vs.
Federation of Pakistan
117. Sh.P.No.8/R/1980 Challenged the right of Dismissed on 13.12.1980 , in Filed in the S.C
Muhammad Afsar pre emption granted to view of the judgment in S.P.No.2- PLD 1986 SC
Vs. a tenant under Para 23 L-1979 (Hafiz Muhammad Page 360, SC
Abdul Hamid and (3) (d) of the Land Ameen Vs. Islamic Republic of 1990 Page 99
others Reform Regulations, Pakistan and others)
1972 (MLR 115) on
account of its being
repugnant to the
injunctions of Islam
30
118. Sh.P.No.08/L/1980 M-L-R 115 petitioner The judgment in the aforesaid Appeal has not
Mistri Muhammad prayed that the Hon’ble subject matter was passed in filed.
Hussain Court may kindly S.P.No.02-L/1979 vide Court’s
Vs declare that the right of order dated 13.12.1980 vide PLD
Siraj-ud-Din pre-emption are 1981 FSC Page 23.
enacted in the pre-
emption Act, 1913 are
being repugnant to
injunctions of Islam.
119. Sh.P.No.8/K/1980 Validity of Fiscal law, Dismissed on 22.12.1980 , on the Appeal has not
Habib Hassan Qadri namely Interest ground that under the filed.
Vs. Act,1839,Section 22 of Constitution all fiscal laws and
Federation of Pakistan State Bank of Pakistan any law relating to the levy and
Linked with Act,1956 and Sections collection of taxes and fees or
25(2) and 26(1) of the banking or insurance practice
Banking Companies and procedure are put outside
Ordinance,1962 the pale of jurisdiction of this
court for three years from the
commencement of the chapter of
the Constitution containing
Article 203-A to 203-H
123. S.P.No.10-L/1980 Section 4 of the Muslim Dismissed on 17.2.1981 as the Appeal not filed
Haq Nawaz Family Laws Ord. matter was not with the
Vs. challenged being jurisdiction of this Court.
Govt. of Pakistan repugnant to
through Ministry of injunctions of Islam.
Law,
L/W
S.P.No.17/L/1979
L/W
S.P.No.19/L/1979
L/W
S.P.No.11/L/1980
L/W
S.P.No.12/L/1980
124. S.P.No.10/R/1980 Section 253(d) of Dismissed on 13.12.1980,in view Paragraph 25(1)
Malik Muhammad Saleh Martial Law Regulation of the judgment in S.P.No.2-L- of the regulation
Vs. No.115. 1979. has already been
Faryad and another repugnant PLD-
1986 SC Page-
360.
Sh.A.No.1,3,8,9,1
0 of 1981 and 1
of 1987 are
Allowed and Sh.
A.No 4 of 1981
with reservation
contained in
Para 3 above of
1984 are partly
Allow dated on
10-8-1989 PLD
1990 SC Page-99.
and The
Rev.Petition has
been dismissed
being barred by
time dated 14-
12-1991
125. S.P.No.11/I/1980 Martial Law Regulation Dismissed on 13.12.1980, in view Paragraph 25(1)
Mst. Husan Pari No.115 of 1972. of the judgment in S.P.No.2-L- of the regulation
Vs. 1979 has already been
Fazal Akbar and other repugnant PLD-
32
1986 SC Page-
360.
Sh.A.No.1,3,8,9,1
0 of 1981 and 1
of 1987 are
Allowed and Sh.
A.No 4 of 1981
with reservation
contained in
Para 3 above of
1984 are partly
Allow dated on
10-8-1989 PLD
1990 SC Page-99.
and The
Rev.Petition has
been dismissed
being barred by
time dated 14-
12-1991
126. S.P.No.11/L/1980 Petitioner prayed that Dismissed on 17.2.1981 as the Appeal not filed
Muhammad Yar and it may be graciously matter was not with the
another declared that section of jurisdiction of this Court
Vs. Muslim Family Laws
Federal Government of Ordinance, 1961 is
Pakistan etc. being repugnant to
injunctions of Islam.
127. S.P.No.12-I-1980 Petition of civil nature Returned to the petitioner as the Appeal has not
Muhammad Tahir and regarding property petitioner has not challenged any filed.
two others provision of law being repugnant
Vs. to the injections of
Mirwais Islam.9.12.1980 Returned.
128. S.P.No.12/L/1980 Section 4 of the Muslim Dismissed on 17.2.1981 as the Appeal not filed
Lal etc Family Laws Ord. matter was not with the
Vs. challenged being jurisdiction of this Court.
Government of Pakistan repugnant to
injunctions of Islam.
129. S.P.No.13/I/1980 For a declaration to the Allowed on 19.5.1981, on the Filed in the
Muhammad Ishaq effect that the ground that the Custom allowing Supreme Court
Vs. operation and Custom challenged by collaterals to the Dismissed on
The Federation of and usages , as alienation of property inherited 10.4.1983.
Pakistan etc repugnant to the under custom by a full honour is
injunctions of Islam declare to be repugnant to the
injunctions of Islam. It has also
been held by the court that
necessary amendment in the
West Pakistan Muslim Personal
Law (Shariat) Application Act,
1962 shall be made by the
30.6.1981,PLD 1981 FSC Page
278
130. S.P.No.13/L/1980 M-L-R 115 petitioner The judgment in the aforesaid Appeal has not
Feroz prayed that the Hon’ble subject matter was passed in filed.
Vs. Court may kindly S.P.No.02-L/1979 vide Court’s
Government of Pakistan declare that the right of order dated 13.12.1980 vide PLD
pre-emption are 1981 FSC Page 23.
enacted in the pre-
emption Act, 1913 are
being repugnant to
injunctions of Islam.
131. S.P.No.13/K/1980 MLR-115 of 1972 Dismissed on 23.12.1980 Appeal not Filed
Begum Raffia Ahmad
and others
Vs.
Federation of Pakistan
33
Linked with
Filed in Supreme
S.P.No.14/K/1980 MLR-115 of 1972 Dismissed on 23.12.1980 Court of Pakistan
Syed Hussain and and dismissed
others 27-2-1987.
Vs.
Federation of Pakistan
132. S.P.No.14/I/1980 Challenged the existing Dismissed on 17.1.1981on the Appeal has not
Syed Riasat Ali Laws designed to bring ground that the relief regarding filed.
Vs. barren lands under returned of the land after the
Federation of Pakistan cultivation lease has already expired is
beyond the scope of the
jurisdiction of this Court
133. S.P.No.14/L/1980 Para 25(3) (d) of MLR The judgment in the aforesaid Appeal has not
Ahmed Ali 115, Punjab Pre subject matter was passed in filed.
Vs. emption Act, and 1913 S.P.No.02-L/1979 vide Court’s
Government of Pakistan Article of 10&120 of order dated 13.12.1980 vide PLD
Limitation Act, 1908. 1981 FSC Page 23.
Section 5, 2,…9 and
Section 19, 20 Pre
emption Act, petitioner
prayed that the above
section of laws the
against are being
repugnant to
injunctions of Islam.
134. S.P.No.14/K/1980 MLR-115 of 1972 Dismissed on 23.12.1980 Filed in Supreme
Syed Hussain and Court of Pakistan
others and dismissed
Vs. 27-2-1987.
Federation of Pakistan
135. S.P.No15/I/1980 Challenged Article 10 Dismissed on 13.12.1980, in view Appeal has not
Zakir Muhammad Khan of the Limitation Act of the judgment in S.P.No.2-L- filed.
Vs. and section 30 of the 1979 Hafiz Muhammad Amin Vs.
The Divisional Engineer pre emption Act Islamic Republic of Pakistan and
Workshop , alongwith the other others
Mughalpura, Lahore provisions contained in
the said Acts whereby a
non-Muslim is
permitted to exercised
the right of pre
emption against
property purchased or
owned by a Muslim, as
repugnant to the
injunctions of Islam
136. S.P.No.15/L/1980 Under Islamic Code of Dismissed on 4.10.1980 as the Appeal not filed
Zakir Muhammad Khan Life for right of Court has no jurisdiction.
Vs. employment and
The Div. Engineer (Rly) residential
LHR etc. accommodation
occupational under
L/W bilateral contract
S.P.No.21/L/1980 between employer &
employees, Labour
Laws in respect of
Railways challenged
being repugnant to
injunctions of Islam
137. S.P.No.15/K/1980 Not challenged any Dismissed on 23.12.1980 as the Filed in the
Saeed ullah Kazmi Vs. Law petition is incompetent. Supreme Court
Federation of Pakistan of Pakistan and
dismissed on 22-
10-1983.
138. S.P.No.16/L/1980 U/s 10 of the Dismissed as withdrawn on dated Appeal not filed
Inyat Muhammad Vs. Colonization of the 4-2-1981.
Government of Pakistan Government Land Act
petitioner prayed that
34
Jamal Din & another 115 (regarding Punjab subject matter was passed in filed.
Vs. Pre-emption Act, 1913, S.P.No.02-L/1979 vide Court’s
Muhammad Sher & Land Reform Act, order dated 13.12.1980 vide PLD
others 1972) challenged being 1981 FSC Page 23.
repugnant to
injunctions of Islam
147. S.P.No.20/I/1980 Paragraph 25 (3) (d) of Dismissed on 13.12.1980, in view Paragraph 25(1)
Khadim Hussain and Martial Law Regulation of the judgment in S.P.No.2-L- of the regulation
another No.115 of 1972 as 1979 Hafiz Muhammad Amin Vs. has already been
Vs. repugnant to the Islamic Republic of Pakistan and repugnant PLD-
Muhammad Saddique injunctions of Islam. others. 1986 SC Page-
and another 360.
Sh.A.No.1,3,8,9,1
0 of 1981 and 1
of 1987 are
Allowed and Sh.
A.No 4 of 1981
with reservation
contained in
Para 3 above of
1984 are partly
Allow dated on
10-8-1989 PLD
1990 SC Page-99.
and The
Rev.Petition has
been dismissed
being barred by
time dated 14-
12-1991
148. Sh.P.No.20/L/1980 Section 15 Punjab Pre The judgment in the aforesaid Paragraph 25(1)
Sh. Abdul Waheed Vs. emption Act, 1913 be subject matter was passed in of the regulation
Government of Pakistan declared to be S.P.No.02-L/1979 vide Court’s has already been
repugnant to order dated 13.12.1980 vide PLD repugnant PLD-
injunctions of Islam. 1981 FSC Page 23. 1986 SC Page-
360.
Sh.A.No.1,3,8,9,1
0 of 1981 and 1
of 1987 are
Allowed and Sh.
A.No 4 of 1981
with reservation
contained in
Para 3 above of
1984 are partly
Allow dated on
10-8-1989 PLD
1990 SC Page-99.
and The
Rev.Petition has
been dismissed
being barred by
time dated 14-
12-1991
149. S.P.No.21/I/1980 Paragraph 25 (3) (d) of Dismissed on 13.12.1980, in view Paragraph 25(1)
Ali Muhammad Martial Law Regulation of the judgment in S.P.No.2-L- of the regulation
Vs. No.115 of 1972 as 1979 Hafiz Muhammad Amin Vs. has already been
Islamic Republic of repugnant to the Islamic Republic of Pakistan and repugnant PLD-
Pakistan injunctions of Islam. others 1986 SC Page-
360.
Sh.A.No.1,3,8,9,1
0 of 1981 and 1
of 1987 are
Allowed and Sh.
A.No 4 of 1981
with reservation
contained in
Para 3 above of
36
155. Sh.P.No.24/L/1980 Section 4 of the Family Dismissed on 17.2.1981 Appeal not filed
Muzaffar Khan Law 1979 challenged
Vs. being repugnant to
37
1981
S. No. Shariat Petition No. & Law Challenged FSC Decision Appeal filed in
Party Names the
Hon.Supreme
Court of
Pakistan or not
with Status
162. Sh.P.No.01/L/1981 Limitation Act, 1908 Petition returned being Appeal not filed
Allah Ditta challenged being incompetent vide order dated
Vs. repugnant to 25.1.1981
Federal Government of injunctions of Islam.
Pakistan
163. S.P.No.01/I/1981 MLR-115, section 15 Dismissed on 28.2.1981 with Appeal not filed
Qazi Sirajuddin and 16 of Punjab Pre observation that the judgment in
Vs. emption Act, 1913 the aforesaid subject matter was
Govt. of Pakistan etc. challenged being already passed in S.P.No.02-
repugnant to L/1979 vide Court’s order dated
injunctions of Islam 13.12.1980.
PLD 1981 FSC Page-23
164. S.P No.01/P/1981 Regarding of right of Dismissed on 8.3.1981 being Appeal not filed
Nadir Khan pre emption as no incompetent.
38
repugnant to
injunctions of Islam.
175. S.P.No.03/Q/1981 Personal grievance Returned on 5.4.1981 being not Appeal not filed
Akhtar Abbas against non-acceptance entertain able
Vs. of compromise in
Fed: of Islamic Republic murder case on basis
of Pakistan etc. of Qisas after having
taken Qisas.
176. S.P.No.04/L/1981 Compensation and Disposed of as withdrawn on Appeal not filed
Mst: Razia Begum Rehabilitation Act, 8.4.1981
Vs. 1958, Rehabilitation
Maqsood Alam Khan Act, 1956 challenged
and others being repugnant to
injunctions of Islam.
177. S.P.No.04/I/1981 Zakat & Usher Ord. Dismissed with observation that Appeal filed in
Mian Khalid Abdul Rauf XVIII of 1980 the said ordinance including the the Hon’ble
Vs. challenged being amendment ordinance LII or Supreme Court
President of Pakistan repugnant to ammine from attack before the of
through Ministry of Law injunctions of Islam Shariat Court vide judgment Pakistan.disissed
& Justice dated 3.10.1981. on 6.8.1984.
178. S.P No.04/P/1981 Law relating to Dismissed on 6.4.1982 with Appeal filed
Zahir Shah execution of death observation that the question PLD 1989 SC
Vs. sentence mentioned raised in this case has already page 633
The State unspecific challenged been decided by this Court.
being repugnant to
injunctions of Islam
179. S.P.No.04/K/1981 MLR-29 regarding Dismissed by Court being Appeal not filed
Muhammad Feroz imposing punishment infructtius dated 22-12-1981.
Vs. with retrospective
The Government of effect challenged being
Pakistan repugnant to
injunctions of Islam
180. S.P.No.05/L/1981 No law challenged Petition returned to the Appeal not filed
Abdul Qadir being repugnant to petitioner on 24.1.1981
Vs. injunctions of Islam.
The Government of
Pakistan
181. S.P.No.05/I/1981 Section 15(c) of Punjab Dismissed on 25.5.1981 with Appeal not filed
Ali Bakhsh Pre emption Act, 1913 observation that the judgment in
Vs. challenged being the aforesaid subject matter was
Govt. of Punjab etc. repugnant to already passed in S.P.No.02-
injunctions of Islam L/1979 vide Court’s order dated
13.12.1980.
182. S.P.No.05/K/1981 Judicial technicalities Dismissed on 23.12.1981 with Appeal not filed
Haji Niaz & Co. and usage relating to observation that the law of
Vs. law of limitation procedure is not within
Amir Ali Ibrahimji challenged being jurisdiction of this Court.
Shaikha etc repugnant to
injunctions of Islam.
183. S.P.No.06/L/1981 No law challenged Petition returned to the Appeal not filed
Mst. Muzaffar Begum being repugnant to petitioner on 24.1.1981
Vs. injunctions of Islam.
Government of Pakistan
184. S.P.No.06/K/1981 Judicial administrative Dismissed on 23.12.1981 as this Appeal not filed
Farooq Yousif decision not to allow matter involves a personal
Vs. compromise or grievance.
Govt. of Sindh etc. compound in murder
cases, usage relating to
law of limitation
challenged being
repugnant to
injunctions of Islam.
185. S.P.No.07/L/1981 Company Act, 1913 Dismissed as withdrawn on Appeal not filed
Abdul Waheed challenged being 9.1.1989.
Vs. repugnant to
Government of Pakistan injunctions of Islam.
etc.
40
208. S.P.No.20/I/1981 Prayer for Dismissed on 30.11.1981 being Appeal not filed
Shahida Begum implementation of not maintainable as the Hon’ble
Vs. amendment in Muslim Supreme Court suspended the
Federation of Pakistan Personal Law Shariat order of this Court.
Application Act, 1962
as ordered in the
judgment of this Court
reported in PLD 1981
FSC 278.
209. S.P.No.21/I/1981 Section 13(c) & (d) of Dismissed on 3.11.1982 as the Appeal not filed
Munib Ahmed Partnership Act, 1932 matter was of fiscal one and
Vs. challenged being beyond the jurisdiction of this
Federation of Pakistan repugnant to Court.
injunctions of Islam
210. S.P.No.22/I/1981 Article 127 of the 1st Dismissed on 23.3.1982 as the Appeal not filed
Allah Ditta Schedule r/w section 3 matter was of procedural law
Vs. of Limitation Act, 1908 which is beyond the jurisdiction
Federation of Pakistan challenged being of this Court.
repugnant to
injunctions of Islam
1982
S. No. Shariat Petition No. & Law Challenged FSC Decision Appeal filed in
Party Names the
Hon.Supreme
Court of
Pakistan or not
with Status
211. Sh.P.No.1/L/1982 Challenged Section 4 of Rented to ground of lack of Appeal not filed
Muhammad Latif and Muslim Family Laws jurisdiction.
another Ordinance, 1961 being Approved on note Portion by
Vs repugnant to the Hon. C.J. dated 19-4-1982.
Mst. Iqbal Begum and Injunctions of Quran
another and Sunnah of the Holy
Prophet.
212. S.P.No.01/I/1982 Section 10(3), 19 of Petition was dismissed on Appeal not filed
Muhammad Hafizullah Colonization of Govt. 19.5.1982 being non-
Vs. Land (PP) Act, 1912 maintainable.
Govt. of Punjab r/w Punjab Govt.
Notification No.4569-C
dated 20.9.46
challenged being
repugnant to
injunctions of Islam
213. S.P.No.01/K/1982 Interest Act, 1839, Dismissed on 10.8.1982 as the Appeal not filed
Sarfraz Hussain & section 22 of State matter relates to fiscal law.
others Bank of Pakistan Act,
Vs. 1956 & section 25(2),
Federation of Pakistan 26(1) of Banking
Companies Ord. 1962
regarding recovery of
interest challenged
being repugnant to
injunctions of Islam
214. S.P No.01/P/1982 Law pertaining to Dismissed on 22.01.1983 as the Appeal not filed
Muhammad Ali etc. execution of death after question raised in this case has
Vs. compromise already been decided by this
Govt. of Pakistan etc. challenged being Court vide S.P No. 04-P/1981.
repugnant to
injunctions of Islam
215. S.P.No.02/I/1982 Punjab Acquisition of Petition was dismissed on Appeal filed in
Rana Muhammad Land (Housing) Act, 30.1.1984 as the Court had the Hon’ble
Shabbir 1973 and Ordinance already considered the matter in Supreme Court
Vs. No.III of 1974 the case of Hafiz Muhammad of Pakistan.
Federation of Pakistan challenged being Amin Vs. Islamic Republic of
repugnant to Pakistan & another reported in Dismissed on
44
1983
S. No. Shariat Petition No. & Law Challenged FSC Decision Appeal filed in
Party Names the
Hon.Supreme
Court of
Pakistan or not
with Status
227. Sh.P.No.1/L/1983 Implementation of The question involved in this case Appeal has not
Muhammad Ramzan Islamic law of Qasas has already been decided by this filed.
Vs and Diyat may Kindly court and the matter is under
Federation of Pakistan be ordered and the appeal before the Supreme Court
and another Prevailing Law on the of Pakistan.
subject may kindly be Approved on note Portion by
declared as against the Hon. C.J. dated 18-1-1983
injunction of Holy
Quran & Sunnah.
228. Sh.P.No.1-A/L/1983 Section 12 of the Allowed. The Supreme
Hasan Ali Qureshi Vs Punjab Civil Servants No exception can be taken to Court have
Government of the Act VIII of 1974 is other provisions of the laws dismissed the
Punjab Province, repugnant to the referred to above except the appeal S.A. No.6
Lahore Injunctions of Islam. provisions which have already of 1983,
Linked with been ordered to be amended vide S.A.No.15,19 and
Sh.P.No.2/L/1983 our Judgment on the laws of 34 of 1984
Linked with Punjab Code Vol. III, IV and V. S.A.No.1 of 1985
Sh.P.No.3/L/1983 Dated 27-03-1984. PLD 1984, and S.A. No.14 of
Linked with FSC Page 34, 1984 has
Sh.P.No.1/I/1984 allowed the
provision of the
statutes and
statutary rules
specified below,
in there appeals
have found to be
repugnant
1. Section “13”
clauses (i) and
(ii) of civil
servant Act,
1973.
2. Section “12”
clause (i) of and
(ii) of the Punjab
Civil Servants
Act, 1973.
3. Section “13”
caluse (i) of Sind
Civil Servants
Act, 1973.
4. Section “13”
clause (i) and (ii)
of Baluchistan
Civil Srvants Act,
1974.
5. Section “13”
clause (i) of the
NWFP Civil
Srvants Act,
1973.
6. Sub-Rule “3” of
the Rule “44” of
Pakistan
Cantonment
Srvants Rules
46
1954, framed
under
Cantonments
Act, 1924.
Dated: 11.3.1987
PLD 1987 SC
Page 304 , Revew
Petition is
dismissed
barred by time
17.2.1991
229. S.P No.01/P/1983 Law pertaining to Original petition returned to Appeal not filed
Amir Hussain Shah Vs. execution of death after petitioner on 03.10.1983.
Govt. of Pakistan compromise
challenged being
repugnant to
injunctions of Islam
230. S.P.No.1/K/1983 Challenged certain Dismissed on 29.11.1983, as the Appeal has not
Mahmood ul Hassan provision s of the petition is incompetent and for filed.
Vs. Insurance Act, 1938 want of jurisdiction
The Govt: of Pakistan r/w Insurance
through Attorney Notification Order,
General of Pakistan 1972.
231. Sh.P.No.1/Q/1983 Challenging Section 9 The appeal is dismissed on Appeal has not
Ghulam Kibria Khan of Ordinance 6 of 1979 10-4-1984. filed.
Vs. regarding Imputation
Federation of Pakistan hand from wrist and
fast from ankle as
being repugnant to the
Injunction of Islam.
232. Rev: Pet.No.01/I of Judgment dated Dismissed on 9.10.1983 as the Appeal filed in
1983 30.6.1982 of FSC Hon’ble Court did not find any the Hon’ble
Fed: of Pakistan passed in its original ground to review the order. Supreme Court
Vs. suo-moto jurisdiction Dismissed on
Public at Large etc. in respect of 72 of 6.2.1991.
Motor Vehicle Act,
1939 & Motor Vehicle
Ord. 1965 challenged
being repugnant to
injunctions of Islam
233. Sh.P.No.2/L/1983 Provisions of newly Dismissed. The Supreme
Muhammad Ramzan added sun rule (3) in No exception can be taken to Court have
Qureshi the cantonment other provisions of the laws dismissed the
Vs servants Rules 1954, in referred to above except the appeal S.A. No.6
The Federal corporate through the provisions which have already of 1983,
Government of S.R.O. 909(10/82 of the been ordered to be amended vide S.A.No.15,19 and
Pakistan. Gazette Notification our Judgment on the laws of 34 of 1984
dated 20th sept,1982, Punjab Code Vol. III, IV and V. S.A.No.1 of 1985
issued by the Ministry Dated ; 27-03-1984, PLD 1984 and S.A. No.14 of
of Defence, be declared FSC Page 34 1984 has
as repugnant to the allowed the
Injunctions of Islam. provision of the
And be Ordered to be statutes and
deleted forthwith. statutary rules
specified below,
in there appeals
have found to be
repugnant
1. Section “13”
clauses (i) and
(ii) of civil
servant Act,
1973.
2. Section “12”
clause (i) of and
(ii) of the Punjab
Civil Servants
Act, 1973.
47
3. Section “13”
caluse (i) of Sind
Civil Servants
Act, 1973.
4. Section “13”
clause (i) and (ii)
of Baluchistan
Civil Srvants Act,
1974.
5. Section “13”
clause (i) of the
NWFP Civil
Srvants Act,
1973.
6. Sub-Rule “3” of
the Rule “44” of
Pakistan
Cantonment
Srvants Rules
1954, framed
under
Cantonments
Act, 1924.
Dated:
11.3.1987,PLD
1987 SC Page
304, Review
petition is
dismissed as
barred by time
on 17.2.1991.
234. S.P.No.2/I/1983 NWFP Tenancy Dismissed on 27.3.1984 with Appeal filed in
Sultan Khan (Fixation of observation that inaction of a the Hon’ble
Vs. Compensation of Land man in a matter where specific Supreme Court
Govt. of NWFP Lord) Rule, 1981 remedy is provided in law shall
challenged being amount to his consent since if he
repugnant to had any grievance, he would have Appeal Allowed
injunctions of Islam gone for its redress to the court. on.
Shariah principle of Skoot 10.8,89, PLJ
(silence) is thus analogous to the 1990 , SC Page
present principle of 174, Revew
acquiescence. PLD 1986 FSC Page petitions have
7 been dismissed
on 24.2.1991,
and
7.5.1991.PLD
1991 SC Page
707,
235. S.P.No.2/K/1983 Not challenged any Dismissed on 9.4.1983 Appeal has not
Maulana Abul Fateh specific Law/Rules filed.
Ghulam Rasool
Vs.
Advocate General, Sindh
236. S.P.No.03/I/1983 Execution of death Petition was returned to Appeal not filed
Muhammad Iqbal sentence after petitioner on 10.12.1983.
Vs. compromise between
Govt. of Pakistan the parties, was
challenged being
repugnant to
injunctions of Islam
237. Sh.P.No.3/L/1983 The provisions of Dismissed. The Supreme
Raja Muhammad Fazil sections 17(1) and (1C) No exception can be taken to Court have
Vs of the Pakistan Water other provisions of the laws dismissed the
Federal Government of and Power referred to above except the appeal S.A. No.6 of
1983, S.A.No.15,19
Pakistan through Development Authority provisions which have already
and 34 of 1984
Sectary power and Act, 1958 (Pakistan Act been ordered to be amended vide S.A.No.1 of 1985
natural Resources No. XXXI of 1658) are our Judgment on the laws of and S.A. No.14 of
repugnant to the Punjab Code Vol. III, IV and V.
48
S.P.No.8/K/1983
Saeed ullah Kazmi
Vs. --- do ----- --- do -----
Fed. Govt: of Pakistan
243. S.P.No.9/K/1983 Prayed for examination Dismissed on 25.4.1984 in the Appeal has not
Islam Hussain of Rule 15 and 17 of light of judgments of this Court filed.
Vs. NBP Staff Services SSM No.204/P/83, SSM
NBP of Pakistan Rules, 1980. No.84/S/84, SSM No.71/B/84
and SSM No.71/NWFP/84 dt:
27.3.1984.
244. S.P.No.10/K/1983 Challenged the S.P.Nos.10, 11, 12 and 13-K of Appeal has
Begum Rashida Patel provisions of sec: 6( c) 1983 have been dismissed on Pending
and others of the Offence of Qazaf 25.7.1989. However S.P.No.14-K-
Vs. (EOH) Ord: 1979 as 83 and S.P.No.2-L-1985 have been
Govt: of Pakistan being repugnant to the partly allowed. PLD .1989 FSC
Injunctions of Islam. Page 95
Linked with
Appeal has
Pending
S.P.No.11/K/1983 Challenged the
Begum Rashida Patel provisions of sec: 6( b)
and others of the Offences Against
Vs. Property (EOH) Ord:
Govt: of Pakistan 1979 as being
repugnant to the
Injunctions of Islam.
Linked with
1984
S. No. Shariat Petition No. & Law Challenged FSC Decision Appeal filed in
Party Names the
Hon.Supreme
Court of
Pakistan or not
with Status
50
247. S.P No.01/Q/1984 Regular Laws, Laws of Petition returned on 29.7.1984 Appeal not filed
Basharatullah Advocate Qalat, Shariat being incompetent
Vs. Regulation of
Govt. of Baluchistan etc. Baluchistan, C.P.C Ord.
No.1 of 1967 Cr.P.c,
Ord. No.2 1967
challenged being
repugnant to
injunctions of Islam
248. S.P.No.02/I/1984 Issuance of Ordinance Dismissed having no merit on Appeal not filed
Khawaja Ghulam for amending section 23.1.1984.
Muhammad Dar 13 of the Passport Act,
Vs. 1974 challenged being
Federal Govt. of repugnant to
Pakistan injunctions of Islam
249. Sh.P.No.3/L/1984 The law pertaining to Dismissed. Due to personal relief Appeal has not
Muhammad Idrees and the execution of the the petition is consequently not filed.
others death sentence in entertain able by full beach dated
Vs which the parties are 5-8-1984.
Government of entitled to compromise
Pakistan. is repugnant to Islam
and Sunnah. The death
penalty cannot be
executed till full
opportunity heirs of
deceased.
250. Sh.P.No.03/I/1984 Section 401 Cr.P.c r/w Dismissed on 9.4.1984 as the Appeal not filed
Obyar section 302 PPC same matter was already decided
Vs. regarding execution of by Shariat Bench of Peshawar
Federation of Pakistan death sentence after High Court as reported in PLD
etc. compromise 1980 Peshawar 1
challenged being
repugnant to
injunctions of Islam
251. Sh.P.No.3/K/1984 Praying that Sub- Dismissed on 25.4.1984 , as there Appeal not filed
Sheikh Mushtaq Ali section (a) of sec: 11-A is no ground to interfere with the
Vs. of the legal fractioned law assailed before the court
Govt: of Pakistan and Bar Council is
through Attorney (Amendment)
General for Pakistan Ordinance, 1982 be
declared as void, being
absolutely repugnant
to the Injunctions of
Islam.
252. Sh.P.No.4/L/1984 The Public Order Dismissed on dated Appeal has not
Ch. Khuirshid Khalid 2 (Political Uniforms) 5-12-1984.PLD 1986 FSC Page 5 filed.
others Ordinance, XV of 1958
Vs containing Prohibition
The Government of on wearing uniforms
Pakistan and preparing for
armed defiance are
repugnant to the
Injunction of Islam as
laid down in the Holy
Quran and Sunnah of
the Holy Prophet
(PBUH).
253. S.P.No.04/I/1984 Law pertaining to Petition returned to petitioner on Appeal not filed
Amraish & Parvez execution of death 4.2.1984 having no jurisdiction.
Vs. sentence after
Federal Govt. of compromise of the
Pakistan parties challenged
52
being repugnant to
injunctions of Islam
254. Sh.P.No.5/L/1984 Request for decision The Federal Shariat Court has Appeal has not
Ch. Habib Ahmed Shafi declaration of Para already been decided this point filed.
Vs 10(2) of M.L.R.115 in reported Judgment PLD 1981-
The Government of being an un-Islamic FSC-23 (Hafiz Muhammad Ameen
Pakistan. and in derivation to the Vs Islamic Republic of Pakistan.
canons and Injunctions In view of aforesaid the Petition
of Islam. is dismissed on
22-1-1985.
255. Sh.P.No.05/I/1984 Martial Order No.131 Dismissed on 7.3.1984 having no Appeal not filed
Muhammad Hayat etc. and Lahore Graveyard jurisdiction.
Vs. (Preservation &
Chairman Miani Sahib Maintenance) Ord. Act,
Qabristan etc. 1958 and The Miani
Sahib Graveyard
L/W Ordinance, 1962
S.P.No.06–I/1984 challenged being
repugnant to
injunctions of Islam.
256. Sh.P.No.5/K/1984 Prayed that (a) portion Announced on 15.6.1989. The Appeal in filed in
Sheikh Mushtaq Ali of 294 PPC, put-in Court has held that section 294-A Supreme Court
Advocate bracket and is thus repugnant to the of Pakistan and
Vs. underline.Chellenged Injunctions of Islam and Sunnah Partly Allowed
Government of lottries is being for the reasons ; Dated 8-1-1992,
Pakistan repugnant to the a) It permits the Provincial Govt: SD 1992 Page
injuction of Islam. on the State to operate lotteries 316
which may be against the
Injunctions of Islam.
b) It prohibits even the lotteries
as discussed above.
c) Again even sec: 294-B does not
differentiate between lawful and
unlawful lotteries.
The two sec: thus need to be
suitably amended in the light of
the above discussion to conform
to the Injunctions of Islam.
The Court has further desire that
the President of Pakistan shall
take steps to amend the sections
294-A and 294-B suitably as
stated above on or before the
1.12.1989, failing which they
shall case to have affect. PLD
1989 FSC Page 60
257. Sh.P.No.6/L/1984 Request for The matter, there is no merit in Appeal has not
Muhammad Hussain amendment the this petition and it has dismissed filed.
Choudhary Proviso Para 4(1) of on dated 15-5-1985.
Vs the Punjab
The Government of Nationalized Schools
Pakistan (Men’s and Women’s
Section) Teaching Posts
Rules, 1974.
(Requirement for the
Post of Headmaster)
praying that this
Hon’ble Court may
declared proviso to
above rules with
relevant portion of the
main rule (4) as Un-
Islamic.
258. Sh.P.No.06/I/1984 Martial Order No.131 Dismissed on 7.3.1984 having no Appeal not filed
Mushtaq Ali Shah and Lahore Graveyard jurisdiction.
Vs. (Preservation &
Chairman Miani Sahib Maintenance) Ord. Act,
Qabristan Committee 1958 and The Miani
53
Vs. repugnant to
Secretary General injunctions of Islam.
Ministry of Defence
274. Sh.P.No.22/I/1984 Customary law Dismissed having no force on Appeal filed in
Haji Qudrat Ali & other contained in section 1 5.11.1984 with observation that the Hon’ble
Vs. and 3 of Wajib-ul-Arz Muzarat which is a contract Supreme Court
Government of NWFP 1872, 1904-05 and between a landlord and peasant of Pakistan and
1946-47 challenged on specific share in the crop in dismissed on
being repugnant to which the sowing, protecting, dated 9-9-1992.
injunctions of Islam. irrigating, cutting etc of the crop
is the wholly responsibility of
peasant is admissible in Shariah.
275. Sh.P.No.23/I/1984 Section 6 of MLR-52 Disposed having withdrawn on Appeal not filed
Qaisar Aftab Ahmed challenged being 10.4.1985
Vs. repugnant to
Secretary General injunctions of Islam.
Defense
276. Sh.P.No.24/I/1984 Section 5 & 6 of MLR- Disposed having withdrawn on Appeal not filed
Malik Aftab Hussain 52 challenged being 10.4.1985
Vs. repugnant to
Secretary General injunctions of Islam.
Defense
277. Sh.P.No.25/I/1984 Rule 15 (i) of National Dismissed having no merit on Appeal not filed
Maqbool Hussain Bank of Pakistan (Staff 22.10.1985 with observation that
Qureshi Service Rules) 1980 National Bank of Pakistan is a
Vs. challenged being commercial organization and
The Federal Govt. etc. repugnant to therefore the impugned rule
injunctions of Islam. 15(a) of National Bank of
Pakistan is the repugnant to
Shariah.PLD 1986 FSC Page 1
278. Sh.P.No.26/I/1984 Section 17(2),(vi) of Disposed of as withdrawn on Appeal not filed
Malik Muhammad Sadiq Cantonment Rent 22.5.1985.
& other Restriction Act, 1963
Vs. challenged being
Federal Govt. of repugnant to
Pakistan injunctions of Islam.
L/W
S.P.No.10-I/1984
L/W
S.P.No.27-I/1984
279. S.P.No.27/I/1984 Section 17(2)(vi) of Disposed of as withdrawn on Appeal not filed
Ashfaq Ahmed Cantonment Rent 22.5.1985
Vs. Restriction Act, 1963
Govt. of Pakistan & challenged being
another repugnant to
injunctions of Islam
280. S.P.No.28–I/1984 Section 302 PPC, 345, Dismissed on 10.1.1985 the same Appeal filed in
Niazo alias Niaz 401, 402, 402(a) & matter has already been decided the Hon’ble
Muhammad 402(b) Cr.P.C execution by this Court in S.P.No.4-P/1981 Supreme Court
Vs. of death sentence after and the appeal is pending in the of Pakistan.
Govt. of Pakistan etc. compromise Hon’ble Supreme Court.
challenged being
repugnant to
injunctions of Islam
1985
S. No. Shariat Petition No. & Law Challenged FSC Decision Appeal filed in
Party Names the
Hon.Supreme
Court of
Pakistan or not
with Status
281. Sh.P.No.01/I/1985 Punjab Act, XII of 1985, Disposed of as withdraw on Appeal not filed
Fayyaz Akbar Punjab Acquisition of 7.1.1986.
Vs. Land (Housing) Act,
Government of Pakistan 1973
56
290. S.P.No.04/I/1985 Basic Pay Scale Point to Dismissed on 26.3.1991 with Appeal filed in
Sakhi Muhammad Point Formula issued observation that Court did not the Hon’ble
Vs. by Govt. of Pakistan in find anything in the instruction in Supreme Court
Govt. of Pakistan etc. 1983 challenged being the Govt. of Punjab to be of Pakistan.
repugnant to repugnant to the injunctions of Dismissed on 17-
injunctions of Islam Islam and Court cannot give 5-99
personal sort of relief to
petitioner.
291. S.P.No.4/K/1985 Lifeless flags are like Dismissed on 24.3.1987 as the Appeal has not
Saeed Ullahs Kazmi statutes and their petitioner has not challenge any filed.
Vs. solution is against the law
Govt: of Pakistan Injunctions of Islam
292. S.P.No.5/L/1985 Para 4(1) of the Punjab Dismissed on 15.5.1985. The Appeal has not
Muhammad Sharif Nationalized School reasons for dismissing the filed.
Choudhary (Men & Women petition has been recorded in the
Vs. section) Teaching post judgment of Sh.P.No.6-L-1984
The Government of 1974 has been
Punjab through challenged as Un-
Secretary Education Islamic and void.
Civil Secretariat Lahore
293. S.P.No.05/I/1985 Section 17(2)(vi) of the Dismissed on 25-9-1991 Appeal has filed.
Ashfaq Ahmed Cantonment Rent Pending
Vs. Restriction Act, 1963
Govt. of Pakistan etc. challenge being
repugnant to
L/W injunctions of Islam
S.P.No.60/I/1990
L/W
S.P.No.71/I/1990
L/W
S.P.No.9/L/1990
294. S.P.No.5/K/1985 Personal grievance Returned to the petitioner due to Appeal has not
Shabihul Hassan Naqvi un complete on 19.12.1985 filed.
Vs.
Federation
Government of Pakistan
etc
295. Sh.P.No.6/L/1985 Rules 6 (1) (VI) and Dismissed on 15.5.1985 as the Appeal has not
Muhammad Hussain (VII) of the Regulations rules are thus based on the filed.
Choudhary for Intermediate ‘Public Good)
Vs. Examination framed And as there is no discrimination
The Chairman Board of for the Board of whatever they cannot be said to
Intermediate and Intermediate and be repugnant to the injunctions
Secondary Education, Secondary Education of Islamp.
Lahore Lahore as they are
repugnant to the
injunction of Islam.
296. Sh.P.No.8/L/1985 Family Act 1939 Order Dismissed on 2.2.1986 as the Appeal has not
Haq Nawaz 8 has been challenged. definition of Talaq (Ela) has been filed.
Vs. described in book Al-Fiqa
Government of Pakistan Reference may also be read in the
through secretary book Alfiqa Alalmazahib al Arbia.
Ministry of Law and
Justice
297. Sh.P.No.9/L/1985 Section 3 of the Punjab Dismissed on 2.2.1986 as having Appeal has not
Mirza Abdul Qadeer Urban Immovable no jurisdiction. filed.
Baig etc. Property Tax Act 1958
Vs. and section 137 of the
Government of Punjab Punjab Local
and others Government Ordinance
of 1979 the petitioner
prayed that the
impugned provisions
of law may kindly be
declared as repugnant
to the Injunctions of
Islam.
58
1986
S. No. Shariat Petition No. & Law Challenged FSC Decision Appeal filed in
Party Names the
Hon.Supreme
Court of
Pakistan or not
with Status
298. Sh.P.No.1/L/1986 Regarding the fixation Disposed of on 20.2.1986 as Appeal has not
Mr.M.Salim Akhtar commission of stamps having not been pressed. The filed.
Vs. vendor has been petitioner states that he has got
Government of Punjab challenged an opinion from a Muslim Jurist
that the every concept of court
fee and stamps are against the
law.
299. S.P.No.01/I/1986 Section 3(1),7 & 11 of Petition allowed. Hon’ble Court Appeal filed SD
Amin Jan Naeem the West Pakistan held that sub section 3(1) of this 1994 page 205
Vs. Requisitioning of Act to extent of requisitioning of
Federation of Pakistan Immovable Property property of officers and section 7
(Temporary Powers) to the extent of failure of
Act, 1956 challenged payment of rent as well as
being repugnant to subsequent payment of interest
injunctions of Islam thereon, and section 11 and 12 to
the extent of ouster of judiciary
are repugnant to injunctions of
Islam vide Court judgment dated
12.8.1991.PLD 1992 FSC Page
252
300. S.P.No.1/K/1986 Personal grievance. Dismissed on 16.12.1986 as the Appeal has not
Najmuddin petitioner has not challenge any filed.
Vs. law
Zaenab d/o Qurban
Hussain
301. S.P No.01/P/1986 Section 381 Cr.P.C Dismissed on 5.10.1986 as the Appeal not filed
Nekzada alias Akhund regarding issuance of Court did not find any
Vs. execution warrant jurisdiction to entertain this
Federation of Pakistan unconditionally, petition.
section 400 Cr.P.C
relating to return of
warrant, section 3 to 9
of Punjab Jail Manual
regarding keeping the
petitioner confined in
death cell challenged
being repugnant to
injunctions of Islam
302. Sh.P.No.02/I/1986 Denial of ownership Disposed of as withdrawn on Appeal not filed
Janas & others and possessory right of 4.3.1986.
Vs. land under the 1st part
Govt. of NWFP & others of para 650 of the
Customary Law of Late
State of Swat,
challenged being
repugnant to
injunctions of Islam
303. S.P.No.2/L/1986 Section 4 Muslim Disposed of on 22.1.1987 as no Appeal has not
Muhammad Suleman Family Laws one appeared to prosecute this filed.
Vs. Ordinance, 1961 petition. As the Family Laws are
Federal Government of petitioner prayed that not within the jurisdiction of this
Pakistan above section of law court at present
repugnant to the
Injunction of Islam.
304. S.P.No.2/K/1986 Prayed that this Court Dismissed on 24.3.1987 for want Appeal has not
Saeedullah Kazmi to declare the customs of jurisdiction. filed.
Vs. of Mujalis, Qul, Some,
Federation of Pakistan Tenth, Twentyth,
Fortyth and Death
59
Sh.P.No.3/L/1986
LINKEDWITH
Sh.P.No.13/L/1989
316. Sh.P.No.09/L/1986 Petition for declaration Withdrawn on 18-6-1989 as the Appeal not filed
Muhammad Saddique Masjid Shahid Ganj as a petitioner wants to file another
Vs. place worship for the petition in accordance with the
Federation of Pakistan. Muslims/ of the rules.
Muslims and the said
place of worship
cannot be turned and
converted into any
other place.
317. S.P.No.10/I/1986 Compensation Act and Petition was returned to Appeal not filed
Khushi Muhammad Limitation Act and petitioner having no jurisdiction
Vs. rules there under on 30.11.1986.
Govt. of Pakistan etc. relating to compulsory
removal from service
challenged being
repugnant to
injunctions of Islam
318. Sh.P.No.13/L/1986 Petition for declaration Dismissed in limine on 2.6.1991 Appeal has not
Muhammad Saddique Masjid Shahid Ganj as a as the learned counsel has failed filed.
Chughtai place worship for the to point out any law and
Vs. Muslims/ of the provision of law.
The Federal Govt: of Muslims and the said
Pakistan and others place of worship
cannot be turned and
converted into any
other place.
1987
S. No. Shariat Petition No. & Law Challenged FSC Decision Appeal filed in
Party Names the
Hon.Supreme
Court of
Pakistan or not
with Status
319. S.P.No.01/I/1987 Section 15 of Punjab Disposed of as withdrawn on Appeal not filed
Noor Ahmed Pre emption Act, 1913 9.4.1990 as the Punjab Govt. has
Vs. challenged being already promulgated Punjab Pre
Govt. of Punjab repugnant to emption Ord. 1990, the petitioner
injunctions of Islam has no grievance left.
320. Sh.P.No.1/L/1987 Prays that the date Dismissed on 2.4.1987, on the Appeal not filed
Sultan Ahmed from which the pre- ground that the date that this
Vs. emption Act is in court can fix will be a date after
Federation of Pakistan operative and in the period of appeal and in no
through Secretary effective under the case retrospectively.
Ministry of Justice and decision of the
Parliamentary Affairs Supreme Court
Islamabad and seven Appellant Bench
others reported as PLD 1986
L/W Sh.P.No.2/L/1987 SC 360, should be the
date when the first
legislation of Pakistan
was enacted and not
thereafter.
321. S.P.No.1/K/1987 Challenged custom of Dismissed on 25.3.1987 having Appeal not filed
Saeedullah Kazmi dower. been found no merit in the
Vs. petition
Federation of Pakistan
322. Rev: Pet.No.01–I/1987 Section 3(a) of Zakat The Hon’ble Court took review of Appeal not filed
Muhammad Alif and Ushr Ord. 1980 its previous decision passed in
Subhani challenged being Sh.P.No.4/I/87 dated 25.2.1987
Vs. repugnant to with observation that the
Federal Govt. of injunctions of Islam department shall either convey
62
repugnant to
injunctions of Islam
327. Sh.P.No.3/L/1987 Rule 31 of the Drugs Disposed of on 22.6.1989, as the Appeal not filed
Muhammad Waheed (Licensing, registering Rule now made is thus in
Asad and advertising) Rules, accordance with the provisions of
Vs. 1976 peitioner prayed Sharia and consequently no
Govt: of Pakistan that the provision of further interference called for.
through Secretary the above rule may
Health Division of kindly be declared
Pakistan Islamabad repugnant to the Holy
Quran and Sunnah of
the Holy Prophet
(PBUH) and derected
to be deleted from the
statute Book.
328. S.P.No.3/K/1987 Challenged section 3 of Allowed on 20.2.1989 on the Appeal not filed
Abdul Majid Qurashi the Corporation ground that sec: 3 is declared
Vs. Employees (Special repugnant to the Injunctions of
Govt. of Pakistan Powers) Ord: XIII of Islam PLD 1989 FSC Page 31
1978 as repugnant to
the Injunctions of Islam
329. Sh.P.No.04/I/1987 Section 3(a) of Zakat Dismissed in limine on 25.2.1987 Appeal not filed
Muhammad Alif and Ushr Ord. 1980 as the grievance pertains to fiscal
Subhani challenged being matter, which has not so far been
Vs. repugnant to given under the jurisdiction of
Federal Govt. of injunctions of Islam this Court.
Pakistan
330. Sh.P.No.4/L/1987 Prays that death Disposed of on 14.4.1988 on the Appeal has not
Muhammad Bakhsh Vs. sentence of his son ground that the grievance of the filed.
The State may be converted into petitioner and the prayer made
life imprisonment. therein do not fall within the
jurisdiction of this Court. It,
however, deserves close attention
of the President.
331. S.P.No.4/K/1987 Challenged Art: 270-A Disposed of as withdrawn on Appeal has not
M.Shafi Muhammadi of the Constitution and 19.2.1989. filed.
Vs. Sec: 129,130,131 of the
Federation of Pakistan Cr.P.C.
332. S.P.No.05/I/1987 Section 5 & 7 of Punjab Allowed. The petition with Appeal filed in
Faqir Muhammad Vs. Pre emption Act, 1913 direction that section 5 & 7 of the the Hon’ble
Govt. of Punjab etc. challenged being said Act shall be amended by the Supreme Court
repugnant to Provincial Govt. within a period of Pakistan.
injunctions of Islam. of four months from the date of Dismissed on
this judgment.29.11.1987,PLD 19-2-1991
1988-FSC Page 35
333. Sh.P.No.5/L/1987 Petitioner prayed that Dismissed on 14.4.1988, as the Appeal not filed
Abdur Rashid Section 122 transfer of question, however, stands
Vs. Property Act may expressly excluded from the
Federation of Pakistan kindly be declared to jurisdiction of this court and the
the Injunctions of petition cannot be entertained.
Islam.
334. S.P.No.5/K/1987 Challenged sec: 248 Dismissed on 6.6.1988 for want Appeal not filed
Ismail Azad Cr.P.C. as repugnant to of jurisdiction.
Vs. the Injunctions of
Fed. Govt. of Pakistan Islam.
335. S.P.No.06/I/1987 Section 15 of Punjab Disposed of as withdrawn on Appeal not filed
Ghulam Ahmed Awan Pre emption Act, 1913 15.10.1987
Vs. challenged being
Govt. of Pakistan repugnant to
injunctions of Islam
336. Sh.P.No.6/L/1987 Prays that the Vide judgment dated 30-10-1990 Shariat appeal
Muhammad Ismail provision of the court has been pleased to filed in Supreme
Qureshi punishment as life order that the alternate Court.
Vs. imprisonment from the punishment of life imprisonment Dismissed as
Pakistan through offence of disrespect or as provided in section 295-PPC is withdrawn
Secretary Law and contempt of the Holy repugnant to the injunctions of on 19-5-1991
Preliminary Affairs, Prophet, provided in Islam as given in the Holy Quran
64
Govt: of Pakistan and an section 295-C of the and Sunnah and therefore, the
other PPC be del cared as said words be deleted there from.
null and void. The court has further been
Linked with pleased to order that a clause
Sh.P.No.1/L/1984 may further be added to this
Linked with section so as to make the same
S.S.M.No.106/1987 Acts or things when said about
other Prophets, also offence with
the same punishment as suggests
in the judgment. The court has
further been pleased to order
that a copy of this order shall be
sent to the President of Pakistan
under article 203-B (3) of the
Constitution to take steps to
amend the Law so as to bring the
same in conformity with the
injunctions of Islam. In case, this
is not done by 30.4.1991, the
words” or imprisonment for life”
occurring in section 295-PPC
shall cease to have effect on that
date. (PLD 1991 FSC Page 10 )
337. Sh.P.No.07/I/1987 Deduction of zakat Dismissed on 24.3.1987 with Appeal not filed
Abdul Rehman Khan even on savings observation that as the objection
Vs. challenged being meant to challenge a fiscal law
Govt. of Pakistan repugnant to and Hon’ble Court could not
injunctions of Islam. entertain the same at this stage.
338. Sh.P.No.7/L/1987 Challenged that the Disposed of as not pressed on Appeal not filed
Muhammad Suleman provisions of various 2.4.1987, as the jurisdiction to
Vs. enactment, terms and look into the fiscal laws with
Muslim Commercial conditions mentioned regard to their repugnancy to
Bank LTD etc in the mortgaged deed Quran and Sunnah has not yet
with regard to the been vested with this court.
recovery of interest
may kindly be declared
to be illegal and void
being against the
injunctions of Islam.
339. Sh.P.No.08/I/1987 The translations of Dismissed on 29.4.1987 with Appeal not filed
Babu Haji Muhammad verses of the Holy observation that translation
Banaras Quran done by made by individuals cannot be
Vs. Maulana Mehmood-ul- deemed to have force of law.
Federation of Pakistan Hasan and Maulana
Ashraf Ali Thanvi
challenged being
repugnant to
injunctions of Islam.
340. Sh.P.No.8/L/1987 Challenged the Disposed of as withdrawn on Appeal not filed
Muhammad Alam Vs. inheritance of the right 25.5.1989.
Federal Government of of pre-emption under
Pakistan etc Section 15 of the
Punjab Pre-emption
Act 1913, being
repugnant to the
injunction of Islam.
341. Sh.P.No.09/I/1987 Personal grivences Dismissed on 30.4.1987 having Appeal not filed
Malik Nazeer Ahmed challenged being not jurisdiction
Vs. repugnant to
Muhammad Jameel injunctions of Islam.
342. Sh.P.No.9/L/1987 Prays that the Vide judgment dated 8.11.1988 Appeal not filed
Haq Dad Khan provision of Section the court has been pleased to
Vs. 302 of PPC and the order that the prayer of petition
The Federal schedule of the court of is covered by judgment of the
Government of Pakistan criminal procedure Shariat appellant bench. The
through Secretary Law with regards to section matter being agitated in this
and Justice, Govt: of 2 PPC and the Laws petition has already been decided
Pakistan and another relating to mercy, be by the court. If advised, petitioner
65
1988
S. No. Shariat Petition No. & Law Challenged FSC Decision Appeal filed in
Party Names the
Hon.Supreme
Court of
Pakistan or not
67
with Status
358. Sh.P.No.1/I/1988 Challenged Section 401 Dismissed in limine. Appeal has not
Niaz Ahmed Cr.P.C (power Exercised It is neither necessary nor proper filed.
Vs by the Governor of to pass any order in this case. The
Islamic Republic of Punjab) relating to order of the Supreme Court to be
Pakistan & etc Commuting the passed in the above noted case
sentence of death of will cover the situation.
Riaz Ahmed to Order dated; 2-2- 1989.
imprisonment for life.
Vide letter are dated 8-
11-1987 is repugnant
to Injunction of Islam.
359. Sh.Ref.No.1/I/1988 Request for decision The Court has found no merit in Appeal has not
Muhammad Yousaf etc application for the this application and reference filed.
Vs suspension/recall of and the same has dismissed in
The State the order of execution limine on dated 7-7-1988
of death penalty issued Approved for Reporting.PLD
by the sessions Judge 1988-FSC Page 113
Faisalabad for 4-7-
1988 to the
superintendent Central
Jail Sahiwal. The
Sessions Judge,
Faisalabad U/S 4
Enforcement of Shariat
Ordinance, 1988,
Stating therein that the
Sentence of Death
cannot be executed
unless complainant
party is asked whether
they are ready to
accept Diat or want
Qasas. The execution
Order as being
repugnant to the
Injunction of Islam.
360. Sh.P.No.1/L/1988 The petitioner has The Court has found the principal Appeal has not
Manzoor Ahmed challenged Section 2 & of ‘Taqadam’ and Tamadi’ are filed.
Vs 3 of the Punjab Muslim well-known in Islam and,
The Province of Punjab. personal Law therefore, no repugnancy of any
application (Removal nature is therein. The result is
of difficulties) Act of that this petition has no merit
1975 and found and has dismissed on dated 14-4-
repugnant to the 1988.
injunctions of Islam.
364. Sh.P.No.2/L/1988 Challenged the This Court and The Supreme Appeal has not
Muhammad Ikram-ul- Provisions of section Court of Pakistan has already filed.
Haq Chaudhry 8(2) the Punjab Pre- been declared as Un-Islamic the
Vs emption Act 1913 are power of the Government to
The Government of repugnant to the exempt certain lands from pre-
Pakistan. injunction of Islam as emption vide judgment reported
laid down in the Holy as P.L.D. 1986 S.C.360 N.L.R.1986
Quran and Sunnah. S.C.J 446, N.L.R. 1986 S.D.212 and
N.L.R.1988 S.D.224. After
Perusing the judgments on the
point it has been decided to
Linked with withdraw the petition for the
reason that the needful appears
to have of as having been
withdrawn on dated 18-10-1988
do
Sh.P.No.7/L/1988 Challenged the
Nazar Hussain Provisions of section
Vs 8(2) the Punjab Pre-
Government of Punjab. emption Act 1913 are
repugnant to the
injunction of Islam as
laid down in the Holy
Quran and Sunnah.
365. Sh.P.No.2/K/1988 The petitioner has Office has informed to petitioner Appeal has not
Syed Tanweer Hussain prayed for direction to dated 7-11-1988 that the matter filed.
Zahidi write off the Interest involve does not lie within the
Vs on Loan and jurisdiction of this Court.
House Building Finance discontinuance of
Corporation further interest.
366. Sh.P No.02/P/1988 Section 25 of the Civil Disposed of on 13.3.1989 as the Appeal not filed
Sikandar Khan Servant Act, 1973 matter did not fall within the
Vs. regarding composition, jurisdiction of this Court.
Govt. of Pakistan etc. cadre & seniority
challenged being
repugnant to
injunctions of Islam
367. Sh.P.No.3/I/1988 Requested that the Disposed of as withdrawn. Appeal has not
M. Altaf Tariq Courts give/obtain Order dated; 9-1-1989. filed.
Vs Justice in-expensive.
Government of Pakistan Issue of Court Fees
being repugnant to the
Injunctions of Islam.
69
368. Sh.P.No.3/L/1988 The Petitioner has filed If advised be may approach the Appeal has not
Dr. Muhammad Yaqoob this petition stating High Court for a direction or filed.
Bhatti therein that section 13 other relief. Inform accordingly.
Vs of Civil servants Act, (Note Portion at Para 10, approve
The Government of 1973 was declared as by Chief Justice on dated 14-5-
Pakistan. repugnant to the 1988.
injunctions of Islam by
the federal Shariat
Court as well as by the
Shariat Appellate
Bench of supreme
Court of Pakistan. He
further stated that he
applied for his
reinstatement as he
has not reached the
normal age of
superannuation of 60
years but government
has not considered his
case on the Ground
that decision of the
Shariat Appellate
Bench does not apply
to those cases in which
order of retirement
had been passed before
the date of judgment
and the cases of
retirement decided in
the past under Section
13 of the Civil Servants
Act, 1973 cannot be re-
opened. Reply of the
Federal Government is
at “F/A”.
369. Sh.P.No.3/K/1988 The petitioner has dis- The office has informed to Appeal has not
Bashir Ahmed satisfied with order petitioner dated on 4-12-1988 filed.
Khanzada dated 9-5-1988 passed that matter involve does not lie
Vs by Hon’ble High Court within the jurisdiction of this
III rd A.D.J and law of Sind Hyderabad Circuit Court.
Limitation in Civil R.A.No.87 of 88,
Bashir Ahmed Vs III rd
Additional District
Judge, Nawabshah.
That this Hon’ble Court
may be pleased to
declare that the Law of
Limitation is against
the fundamental
Principles of Islam.
370. Sh.P.No.4/I/1988 Challenged Section Dismissed. Appeal filed in
I.A.Sahrwani Rules 5 and 8 of the The Court has declared that rule the Hon’ble
Vs Government Servants 53 FR and all the Parallel rules of Supreme Court
The Government of (Efficiency and the Provinces are repugnant to of Pakistan and
Pakistan Discipline) Rules, 1973, Quran and Sunnah of the Holy dismissed on
on the ground that they Prophet. dated 15-2-1993.
are repugnant to the Order dated; 8-11-1990. MLD NLR 1994,
Linked With Injunction of the Holy 1991, Page 2613, SDPage 197
Quran and the Sunnah.
Linked With
Sh.P.No.10/I/1988 Dismissed.
Muhammad Anwar Challenged Article 22 The Court has already been
Vs of the Land Reforms discussed these challenged
71
Dismissed.
Sh.P.No.11/I/1988 The Court has already been
Mst. Bashira Challenged Article 22 discussed these challenged
Vs of the Land Reforms points in its reported Judgment in
Federation of Pakistan Regulation 1972 (MLR PLD 1981 FSC-23
115) as being Judgment dated; 8-11-1988.
repugnant to the
Linked With Injunction of Islam.
Dismissed.
Sh.P.No.17/I/1988 The Court has already been
Muhammad Akram discussed these challenged
Vs Challenged Article 22 points in its reported Judgment in
Government of of the Land Reforms PLD 1981 FSC-23
Pakistan. Regulation 1972 (MLR Judgment dated; 8-11-1988.
115) as being
repugnant to the
Injunction of Islam.
374. Sh.P.No.5/L/1988 The petitioner has The petitioner, After the perusing Appeal has not
Muhammad Aslam challenged Section 8(2) the judgment on the point he has filed.
Behleem of the Punjab Pre- been decided to withdraw the
Vs emption Act on the petition for the reason that the
Province of Punjab and ground that it is needful appears to have already
another. repugnant to the been done. This petition shall
Injunctions of Islam as stand disposed of as having been
contained in the Holy withdrawn.
Quran and Sunnah. He Dated: 18-10-1988.
further stated that the
supreme Court of
Pakistan and this Court
has already declared as
un-Islamic the power
of the Government to
exempt certain lands
from pre-emption vide
judgments reported as
P.L.D. 1986 S.C.360
N.L.R.1986 S.C.J.446
N.L.R. 1986 S.D.212
and N.L.R.1988
S.D.224. He felt
aggrieved that no
specific section has
been mentioned in the
judgment despite the
fact that the power of
the Government has
been declared as un-
Islamic.
375. Sh.P.No.5-A/L of 1988 The petitioner has The petition has dismissed on Appeal has not
Dr. A.M.Khan challenged through dated 26.3.1991 By Large Bench. filed.
Vs petition the Section 84 District magistrate has no direct
The Government of of the cantonment Act, powers or say in the affair of the
Pakistan. 1924, is in accord with Cantonment and by virtue of
the Injunctions of Islam Section 13-A of the said Act
as contained in the district Magistrate is not a
Holy Quran and the member of Board. He can only
Sunnah of the Holy nominate Ist Class Magistrate on
Prophet. Section of the Board consisting of so many
Cent Act, 1984. members. In view of this
72
380. Sh.P.No.6/L/1988 The petitioner wants After approval of the Hon. Chief Appeal has not
Hassan Ali Qureshi and has prayed the Justice, the office has informed filed.
Vs interpretation of the petitioner that the matter
The Government of Supreme Court this does not fall within the
Punjab. Court decision in Jurisdiction of this Court. You
Sh.P.No. 1/L/1983 may approach relevant forum i.e
regarding provision of High Court for a direction or
Section 12 (ii) of Civil other relief.
Servant Act, 1974 held Dated: 11-8-1988.
against the Injunctions
of Holy Quran and
Sunnah of the Holy
Prophet.
381. Sh.P.No.7/I/1988 Filed petition against Disposed of, because the Father Appeal has not
Muhammad Irshad the conviction and of the petitioner has pointed out filed.
Vs sentence (25 years and that an appeal has been filed
Government of Pakistan fine of Rs.25, 000) before the Shariat appellate
which has been Bench of the Supreme Court of
sentence by Marshala Pakistan which is pending for
73
-do-
Sh.P.No.11/L/1988
Muhammad Jamil Khan The petitioner has
Vs challenged Section 7 of
The Government of the Punjab Pre-
Punjab etc. emption Act on the
ground that it is
repugnant to the
injunctions of Islam as
contained in the Holy
Quran and Sunnah.
388. Sh.P.No.10/L/1988 Prayed that the law The petitioner does not press this Appeal has not
Muhammad Aslam Vs relating t issuance of petition and wants to withdraw filed.
The Federation of black warrants of death it. Petition has disposed of
Pakistan prior to to giving the accordingly.
time to the accused Dated: 7-7-1988.
person for negotiation
with the heirs of the
deceased for Dayat be
declared, against the
canons of Islam and the
respondents may
kindly be directed to
provide an opportunity
to Aslam for
negotiation with the
heirs of the deceased
person for settlement
of Dayat. Request stays
Executions of sentence
of death through this
Shariat petition.
389. Sh.P.No.11/I/1988 Challenged Article 22 Dismissed. Appeal has not
Mst. Bashira of the Land Reforms The Court has already been filed.
Vs Regulation 1972 (MLR discussed these challenged
Federation of Pakistan 115) as being points in its reported Judgment in
Linked With repugnant to the PLD 1981 FSC-23
Sh.P.No.5/I/1988 Injunction of Islam. Judgment dated; 8-11-1988.
Linked With
Sh.P.No.10/I/1988
Linked With
Sh.P.No.17/I/1988
390. Sh.P.No.11/L/1988 The petitioner has This Court and The Supreme Appeal has not
Muhammad Jamil Khan challenged Section 7 of Court of Pakistan has already filed.
Vs the Punjab Pre- been declared as Un-Islamic the
The Government of emption Act petitioner power of the Government to
Punjab etc. prayed that the above exempt certain lands from pre-
section of law as being emption vide judgment reported
repugnant to the as P.L.D. 1986 S.C.360 N.L.R.1986
injunctions of Islam as S.C.J 446, N.L.R. 1986 S.D.212 and
contained in the Holy N.L.R.1988 S.D.224. After
Quran and Sunnah. Perusing the judgments on the
point it has been decided to
75
391. Sh.P.No.12/I/1988 Challenged section 15 Dismissed, Judgment dated; 29-6- Appeal has not
Abdul Majeed Mirza etc of the payment of 1989 filed.
Vs Wages Act (VI) of 1936 The Court has declared that the
Government of Pakistan and the payment of fixing a time limit in presentation
Wages (Federal or proving a particular claim is
Railways) Rules, 1938 not repugnant to the Injunctions
against the Injunctions of Islam. Muhammad Amin-Vs-
of Islam. Islamic Republic of Pakistan
(PLD-1989-FSC-Page 143.
392. Sh.P.No.12/L/1988 The petitioner has Disposed of. Withdraw on Appeal has not
Iftikhar Hussain Abid challenged the laws of request of Petitioner. filed.
Vs Evacuee Waqf Property Dated: 18-10-1998
Evacuee Waqf Property Board.
Board and etc.
393. Sh.P.No.13/I/1988 Challenged Section Disposed as withdrawn on the Appeal has not
Ch. Bashir Ahmed 7(3) (4) of C.S.R 1974 request of petitioner. filed.
Vs being repugnant to the Order dated; 7-11-1988.
Province of Punjab. Injunctions of Islam.
394. Sh.P.No.13/L/1988 Petitioner has The Court has declared (dated Appeal has been
Muhammad Salahuddin challenged Section 6 of 16-10-1989) that sections 13, 14, filed in the
etc the Political Parties Act 49, 50, 52 of Representation of Hon’ble Supreme
Vs and Section 14 & 25 of the People Act are against the Court of Pakistan
he Government of the National & Prov: Quran Sunnah. Sections 86 & 89 and pending
Pakistan Assembles. Elec. Act, providing for secrecy may be
1977. (Qualification of retained. But Section 38 (4) (C)
the candidate of the (ii) excluding from the count an
Linked with parliament or the otherwise valid vote merely
Provisional Assembles) because the voter has
----------- disregarded the rule of secrecy is
repugnant to Quran and Sunnah
Sh.P.No.18/I/1988 1. Electrol Roll (4:135).
Malik Muhammad Act, 1974, The Representation of the people
Usman Vs sections 6(2) Act, 1976 and the Houses of the
The Government of (a)(b)(c) 25(a) parliament and provincial
Pakistan. (b). Assemblies (Election) Order,
2. The 1977 should accordingly be
Representation amended by the president by the
Linked with of the People President of Pakistan by
Act, LXXXV of 31.12.1989. Section 13, 14, 49,
1976 section 50, 52 and 38 (4) (c), (ii) cease to
99. have effect after 31-12-1989.
------------ (PLD-1990 FSC Page-1).
The court has dismissed the
Sh.P.No.19/I/1988 The petitioner has Shariat Petitions in the matter of
Habib-ur-Wahab-ul- challenged Section 13, section 6(2)(a)(b)(c) and section
Khari Vs 14,(3)(6) 49 of Political 25 of the Electrol Rolls Act, 1974
Federal Government of Parties Act, 1976 being dated 18-4-1990.
Pakistan repugnant to the
Injunction of Islam.
395. Sh.P.No.14/I/1988 Requested that the Dismissed. Appeal has not
Malik Ghulam Rasool Court declare word of The Court has already been filed.
Vs Azan according to dismissed a petition No.
The State Sharia-Muhammadi. 4/K/1985 on the ground that no
law had been challenged therein
and this petition also does not fall
within jurisdiction of this Court.
Order dated; 7-11-1988.
396. Sh.P.No.14/L/1988 Challenged Para 24 of The Court has declared that the Appeal has
Sajwara etc the land Reform Para 24 is repugnant to the dismissed on 15-
Vs Regulation, 1972 injunction of the Holy Quran and 11-1993,
76
Sh.P.No.2/L/1989
Allah Wasaya --------------
Vs Challenged Para 24 of The Court has declared that the
The Government of the land Reform Para 24 is repugnant to the
Pakistan Regulation and said injunction of the Holy Quran and
that the bar contained Sunnah of the Holy Prophet
therein against sale of (PBUH) and same need be
property by an owner amended in the light of
in the situation discussion.
mentioned therein is Dated: 29-6-1989.
against Quran and
Sunnah of the Holy
Prophet.
397. Sh.P.No.15/I/1988 Requested and want Disposed of. Appeal has not
Shabir Khan for stay of the The Court has declared that this filed.
Vs execution of the Court has no jurisdiction to issue
The State sentence of death. any stay order the request in not
sustainable. He may approach the
other appropriate forum.
Order dated; 7-11-1988.
398. Sh.P.No.15/L/1988 The petitioner has The Court Declared the Appeal has not
Ali Imran challenged Section 3 Provisions challenged in the filed.
Vs and 5 of the Punjab petition namely sections 107, 150
The State Maintenance of Public and 151 of the Pakistan Penal
Order, 1960 and Code are being Separately
sections 107,150 and Considered by this Court. This
151 of Cr.P.C. but he petition, therefore, Shall stand
inadvertently dismissed.
mentioned PPC instead Dated: 21-5-1989.
of Cr.P.C. the petitioner
prayed that the Hon’ble
Court may kindly be
declared the above
Sections of laws being
repugnant to the
Injunctions of Islam.
399. Sh.P.No.16/I/1988 Challenged Section 401 Disposed of on dated 7-11-1988 Appeal has not
Raj Wali and 402 Cr.P.C. as being that the learned Council for filed.
Vs against the Injunctions petitioner has not press this
Muhammad Arif and of Islam. petition and wants to approach
another before the High Court disposed of
accordingly.
Order dated; 7-11-1988.
400. Sh.P.No.16/L/1988 The petitioner has The Court has informed that the Appeal has not
Muhammad Aslam challenged the appeal filed by the Government filed.
Vs Provisions of Section has been heard by the Appellate
The Government of 204 Cr.P.C and has Bench of the Supreme Court of
Punjab. prayed that Hon’ble Pakistan and the order to be
Court may kindly be passed by the Supreme Court
declare that Section would cover the point misplaced
402 Cr.P.C is repugnant and stands disposed of
to Quran and Sunnah accordingly.
and is Ultra vires and Dated; 7-12-1988.
without authority.
401. Sh.P.No.17/I/1988 Challenged Article 22 Dismissed. Appeal has not
Muhammad Akram of the Land Reforms The Court has already been filed.
Vs Regulation 1972 (MLR discussed these challenged
Government of 115) as being points in its reported Judgment in
Pakistan. repugnant to the PLD 1981 FSC-23
Linked With Injunction of Islam. Judgment dated; 8-11-1988.
77
Sh.P.No.5/I/1988
Linked With
Sh.P.No.10/I/1988
Linked With
Sh.P.No.11/I/1988
402. Sh.P.No.17/L/1988 The petition has The Court has found that this Appeal has not
Nawab Ali Requested through petition has been drafted by the filed.
Vs Shariat petition for stay petitioner himself and not
Raja Abdul Qayyum of Tenancy Act, 1913 completed under the rules. He
Civil Judge and another. while he has not has not mentioned the relevant
challenged any provisions of law and has also not
provision of law. given the text of Quran and
Sunnah to which they are
repugnant. It is, therefore, prayed
for its withdrawal to file a fresh
order accordingly on dated 8-12-
1988.
403. Sh.P.No.18/I/1988 1. Electrol Roll The Court has declared (dated Appeal has
Malik Muhammad Act, 1974, 16-10-1989) that sections 13, 14, filed.and
Usman sections 6(2) 49, 50, 52 of Representation of pending.
Vs (a)(b)(c) 25(a) the People Act are against the
The Government of (b). Quran Sunnah. Sections 86 & 89
Pakistan. 2. The providing for secrecy may be
Representation retained. But Section 38 (4) (C)
Linked with of the People (ii) excluding from the count an
Sh.P.No.13/L/1988 Act, LXXXV of otherwise valid vote merely
Linked with 1976 section because the voter has
Sh.P.No.19/I/1988 99. disregarded the rule of secrecy is
repugnant to Quran and Sunnah
(4:135).
The Representation of the people
Act, 1976 and the Houses of the
parliament and provincial
Assemblies (Election) Order,
1977 should accordingly be
amended by the president by the
President of Pakistan by
31.12.1989. Section 13, 14, 49,
50, 52 and 38 (4) (c), (ii) cease to
have effect after 31-12-1989.
(PLD.1990 FSC. Page 1)
The court has dismissed the
Shariat petition in the mater of
section 6(2)(a)(b)(c) and section
25 of the elcetrol roll
Act.1074,dt.18.4.1990.
404. Sh.P.No.18/L/1988 The petitioner has After arguing his case the Appeal has not
Muhammad Siddique prayed in amended petitioner has requested to with filed.
Chughtai petition that the Court draw the petition so as to pursue
Vs declare the order dated the relevant remedies in other
The Government of 26.1.1938 passed by Courts or forum. They might also
Pakistan the full Bench of like to file petition specifically
Lahore High Court challenging the relevant laws to
Amended Petition Lahore in the case this Court also. Disposed of
instead of “Masjid Shaheed Gunj… accordingly.
Sh.P.No.3/L/1986 Vs…. Dated: 7-12-1988
Sharoomani
Gurdawara
Parbandhak
Committee”, prejudice,
against the provisions
of law and absolutely
repugnant to the
Injunctions of Islam as
laid down in the Holy
Quran.
78
405. Sh.P.No.19/I/1988 The petitioner has The Court has declared(judgment Appeal has filed.
Habib-ur-Wahab-ul- challenged Section 13, dt.16.10.1989) that sections 13, And pending
Khari Vs 14,(3)(6) 49 of Political 14, 49, 50, 52 of Representation
Federal Government of Parties Act, 1976 being of the People Act are against the
Pakistan repugnant to the Quran Sunnah. Sections 86 & 89
Linked with Injunction of Islam. providing for secrecy may be
Sh.P.No.13/L/1988 retained. But Section 38 (4) (C)
Linked with (ii) excluding from the count an
Sh.P.No.18/I/1988 otherwise valid vote merely
because the voter has
disregarded the rule of secrecy is
repugnant to Quran and Sunnah
(4:135).
The Representation of the people
Act, 1976 and the Houses of the
parliament and provincial
Assemblies (Election) Order,
1977 should accordingly be
amended by the president by the
President of Pakistan by
31.12.1989. Section 13, 14, 49,
50, 52 and 38 (4) (c), (ii) cease to
have effect after 31-12-1989.
(PLD 1990 FSC. Page 1) The
court has dismissed the Shariat
petition in the mater of section
6(2)(a)(b)(c) and section 25 of
the elcetrol roll
Act.1074,dt.18.4.1990.
406. Sh.P.No.19/L/1988 The petitioner has The Court has declared that Appeal has
Syed Tasadduq Hussain challenged Section 8(3) Sections 8(3) and 10 of the Act, dismissed for
Vs and 10 of the Evacuee therefore, do not violate any non procecution
Federal Government of Trust Properties Injunction of Islam as given in the on 17-2-1991
Pakistan (management and Quran and Sunnah of the Holy
Disposal) Act, 1975, Prophet. This petition thus has
the petitioner prayed not merit and is dismissed.
that the Hon’ble Court Dated: 9-1-1988.PLD 1989 FSC
may kindly be declared Page 80
the above Section of
laws being repugnant
to the Injunction of
Islam.
407. Sh.P.No.20/I/1988 Challenged the Disposed of as withdrawn Appeal has not
Dr. Farida Afzal appointment of because petitioner does not press filed.
Vs Woman as a Head of this petition and wants to
Federation of Pakistan the State as being withdraw.
against the Injunctions Order dated; 30-11-1988.
of Islam.
408. Sh.P.No.21/I/1988 Challenged the Dismissed. Appeal has not
Muhammad Yaqoob appointment of The Court has no jurisdiction. filed.
Vs Woman as a Head of Order dated; 30-11-1988.
Government of Pakistan the State as being
against the Injunctions
of Islam.
409. Sh.P.No.22/I/1988 Challenged Section Disposed of as withdrawn. Appeal has not
Ch. Bashir Ahmed 7(3) (4) of C.S.R 1974. Order dated; 15-1-1989. filed.
Vs
Province of Punjab.
410. Sh.P.No.24/I/1988 Challenged Limitation Informed to applicant through Appeal has not
Ch. Muhammad Irshad Act has being office latter that the matter is out filed.
Vs repugnant to the of jurisdiction of this Court.
Rafique Kazam Injunctions of Islam. Dated; 11-1-1989.
411. Sh.P.No.25/I/1988 Challenged the Dismissed. Appeal has not
Pir Muhammad Ibrahim appointment of The Court has no jurisdiction. filed.
Vs Woman as a Head of Order dated; 15-1-1989.
Government of Pakistan the State as being
against the Injunctions
of Islam.
79
412. Sh.P.No.26/I/1988 Section 12 and 21of the The Court has declared that the Appeal has not
Mrs. Yasmeen Raza representation of the Political parties Act, 1962 has filed.
Vs Peoples Act, 1976. been repealed and has been
Government of Pakistan Sections 2(C) and 4 of replaced by the Political order,
Linked with the Political Parties 2002 (Chief Executive Order
Linked with Act, 1962. No.18 of 2002). In view of what is
Sh.P.No.4/K/1988 Articles 4, 5 and 6 of stated above, the above named
Linked with the Houses of petition and all the connected
Sh.P.No.3/L/1989 Parliament and petitions have become
Linked with Provincial Assemblies infructuous and disposed of
Sh.P.No.5/I/1989 (Election) Order 1977. accordingly.
Linked with Section 6(2) (a) (b) of Dated: 20.05.2008
Sh.P.No.65/I/1992 the Electoral Rolls Act,
Linked with 1974.
Sh.P.No.12/I/1990
1989
S. No. Shariat Petition No. & Law Challenged FSC Decision Appeal filed in
Party Names the
Hon.Supreme
Court of
Pakistan or not
with Status
413. Sh.P.No.1/I/1989 Personal grievance. Disposed of on 15.1.1989. Appeal has not
Ahmed Bhai Patail filed.
Vs.
Govt. of Pakistan
420. Sh.P.No.3/L/1989 The petitioner has The Court has declared that the Appeal has not
Bashir Ahmed Naveed challenged the electrol Political parties Act, 1962 has filed.
Vs act,1974 XXI section been repealed and has been
The Government of 1974 section 6(2) the replaced by the Political order,
Pakistan prescentition of the 2002 (Chief Executive Order
Linked with people act 1976(Lxxxv No.18 of 2002). In view of what is
Sh.P.No.26/I/1988 of 1976 section 28 and stated above, the above named
Linked with 12,42.Policil party act petition and all the connected
Sh.P.No.4/K/1988 1962 III of 1962 petitions have become
Linked with amended I 1988 infructuous and disposed of
Sh.P.No.5/I/1989 accordingly.
Linked with Dated: 20.05.2008
Sh.P.No.65/I/1992
Linked with
Sh.P.No.12/I/1990
421. Sh.P.No.3/K/1989 Challenged Section 2 of Dismissed because the Ordinance Appeal has not
M/S Professional the Amendment in question had its self lapsed. filed.
Builder Ordinance, VI of 1989 Order dated; 11-6-1991.
Vs in MLR-57.
The Government of
Pakistan
422. Sh.P.No.4/I/1989 Challenged clause (e) Disposed of as withdrawn on Appeal has not
Raja Abdur Razaq Adil of Section 2 of the 5.2.1989. filed.
Vs. Enforcement of Sharia
The State Ordinance, 1988.
423. Sh.P.No.04/L/1989 Pakistan Press and Petition returned to petitioner on Appeal not filed
Aftab Ahmed Shami Vs. Publication Ordinance, 6.4.1989.
Islamic Republic of 1963 Petitioner prayed
Pakistan that the “statute” in its
present forum, may be
declared to be volatile
of injunctions of Islam.
424. Sh.P.No.4/K/1989 Challenged the entire Dismissed accordingly on 31-12- Appeal has not
Ahsan Ghayur electoral system of 1989. filed.
Vs Pakistan is found
Ministry of Law, The against the Islamic
Government of Pakistan Injunctions.
425. S.P.No.05/L/1989 Section 302/34 PPC Petition became infructous on Appeal not filed
Abdul Rasheed petitioner prayed that 4.3.1990
Vs. the conviction and
The State sentence of the
petitioner may kindly
be set aside in view of
the compromise and
they be set at liberty
forthwith.
426. Sh.P.No.5/I/1989 The Provision of Law The Court has declared that the Appeal has not
Raja Abdul Razzaq contained is Section 4 Political parties Act, 1962 has filed
Vs of the Political parties been repealed and has been
81
427. S.P.No.6/I/1989 Constitution of the Disposed of on 8.3.1989 for want Appeal has not
Mrs.Yasmeen Raza Islamic Republic of of jurisdiction. filed.
Vs. Pakistan is derived
The Federal from the sources other
Government of Pakistan than the Holy Quran
and the Sunnah of the
Holy Prophet(PBUH)
428. Sh.P.No.06/L/1989 Section 10 of Punjab Dismissed finding no merits on Appeal not filed
Farrukh Ameen Civil Servant Act, 1974 10.5.1989
Vs. the petitioner prayed
Government of Punjab that the above section
etc. of Law instructions
about the recording of
A.C.R and the
notification
terminating the
petitioner’s service
may kindly is declared
ultra vires being
repugnant to the Holy
Quran & Sunnah.
429. Sh.P.No.7/I/1989 Challenged Health Disposed of on 27.3.1989 for Appeal has not
Pakistan Medical police of the want of jurisdiction filed.
Association, Multan Government.
Vs.
Govt. of Pakistan
430. Sh.P.No.07/L/1989 Section 24(c) (f) (g) Petition returned to petitioner on Appeal not filed
Aftab Ahmed Shami and explanation (6) to 21.5.1989
Vs. clause (f) of section 24
Islamic Republic of of the West Pakistan
Pakistan Press & Publication
Ordinance, 1963
petitioner prayed that
the Hon’ble Court may
be issue direction to
the Government
consent to take steps to
amend the offending
provisions of the
“statute” mentioned
above, in the manner
humbly suggested, so
as to bring them in
conformity with Holy
Quran and Sunnah.
431. S.P.No.8/I/1989 Challenged Political Disposed of on 27.3.1989 Appeal has not
Awami Hospital Waqf System in Pakistan is filed.
Board, Multan etc. being repugnant to the
82
432. Sh.P.No.08/L/1989 Section 4 of Muslim Petition returned to petitioner on Appeal not filed
Manzoor Ahmed Family Law, Ordinance 24.5.1989
Vs. the petitioner prayed
Rafiq Ahmed etc. that the Hon’ble Court
may kindly be declared
give a pronounce-ment
as to whether the
provision of above
section is or is not
being repugnant to
injunctions of Holy
Quran and Sunnah.
433. Sh.P.No.9/I/1989 Challenged the Disposed of on 27.3.1989 for Appeal has not
Dr.A.M Khan provision of Canal and want of jurisdiction. filed.
Vs. Drainage Act, 1873.
Govt. of Pakistan
434. Sh.P.No.9/L/1989 Petition for declaration Disposed of on dated 18-6-1989 Appeal has not
Muhammad Saddique Majid Shahid Ganj as a as the learned counsel has failed filed
Chughtai place worship for the to point out any law and
Vs. Muslims/ of the provision of law.
Government of Pakistan Muslims and the staid
place of worship
cannot be turned and
converted into any
other place.
435. Sh.P.No.10/I/1989 Challenged sections 5 Disposed of as withdrawn on Appeal has not
Naib Subedar (Retd) and 6 of the Punjab 18.4.1989. filed.
Ghulam Shabbir Tenancy Act, 1887.
Vs.
Govt of Pakistan
436. Sh.P.No.10/L/1989 Section 23(1) (K) of the Disposed of on dated 08-3-1990. Appeal not filed
Aftab Ahmed Shami West Pakistan Press &
Vs. Publication Ordinance,
Islamic Republic of petitioner prayed that
Pakistan the provision of the
“statute” detailed
hereinbefore may be
declared to be
repugnant to Holy
Quran and Sunnah.
437. Sh.P.No.11/L/1989 Moveable and Disposed of on dated 4.7.1989 Appeal not filed
Nazir Ahmed Nasir Immoveable Property
Vs. Transfer of Property
Federal Government Act petitioner request
Pakistan for share of transfer of
property.
438. Sh.P.No.12/I/1989 Personal grievance Disposed of on 30.1.1990, as no Appeal not filed
Mst .Razia Bibi relief was granted by the Shariat
Vs. Appellate Bench of the S.C of
Said Rasool Pakistan and even this court
cannot do so at this stage.
439. Sh.P.No.12/L/1989 West Pakistan Muslim Dismissed having no jurisdiction Appeal not filed
Sanaullah etc. Personal Law (Shariat on 21.1.1991
Vs. Amendment)
Muhammad Yaqoob etc. Ordinance, XIII 1983
petitioner prayed that
the Judgment and
degree dated 1-9-1981
alongwith order dated
31-9-1988 both of
district Judge
Faisalabad and Lahore
High Court may kindly
83
441. Sh.P.No.13/L/1989 Petition for declaration Dismissed in limine on 2.6.1991 Appeal has not
Muhammad Saddique Masjid Shahid Ganj as a as the learned counsel has failed filed.
Chughtai Vs. place worship for the to point out any law and
The Federal Govt: of Muslims/ of the provision of law.
Pakistan and others Muslims and the said
LINKEDWITH place of worship
Sh.P.No.3/L/1986 cannot be turned and
LINKEDWITH converted into any
Sh.P.No.9/L/1986 other place.
442. Sh.P.No.14/L/1989 Notification No.2805- Petition returned to petitioner on Appeal not filed
Ch. Ghulam Murtaza 62/2363-S (G) and 30.11.1989.
Lambadar Notification No. 4826-
Vs. 62/4419-S (G) III
Government of Punjab under Section 10 of
etc. Colonization of
Government Lands
(Punjab Act, 1912)
petitioner prayed that
the Notifications under
challenge may kindly
be declared against the
Injunctions of Islam,
and the respondent
may Kindly be directed
to amend the
notification in the light
of Injunctions of Islam.
443. Sh.P.No.15/I/1989 Challenged section 25 Dismissed as not pressed on Appeal not filed
Bashir etc and 27 of the Punjab 31.1.1991as the said law has
Vs. Pre-emption been repealed and a new pre-
Province of Punjab etc Ordinance, 1913. emption Ordinance 1990 has not
been promulgated.
Linked with
Sh.P.No.16/I/1989
Bashir etc Vs. Province Challenged section 25 Dismissed as not pressed on
of Punjab etc and 27 of the Punjab 31.1.1991as the said law has
Pre-emption been repealed and a new pre-
Ordinance, 1913. emption Ordinance 1990 has not
been promulgated.
444. Sh.P.No.15/L/1989 MLR 115 Article 122 Dismissed as withdrawn on Appeal not filed
Ch. Khan Muhammad petitioners prayed that 4.3.1989.
Vs. the above Section of
Federation of Pakistan Law may kindly be
declared being
repugnant to
injunctions of Islam.
445. Sh.P.No.16/I/1989 Challenged section 25 Dismissed as not pressed on Appeal not filed
Bashir etc and 27 of the Punjab 31.1.1991as the said law has
Vs. Pre-emption been repealed and a new pre-
Province of Punjab etc Ordinance, 1913. emption Ordinance 1990 has not
Linked with been promulgated.
Sh.P.No.15/I/1989
84
446. Sh.P.No.16/L/1989 MLR 115 of 1972 Dismissed as misconceived on Appeal not filed
Shamsher Abbas (regarding Punjab Pre- 10.2.1991.
Bukhari emption Act) and Land
Vs. Reform Act, 1977 being
Lahore Development repugnant to
Authority etc. injunctions of Islam.
447. S.P.No.17/I/1989 Challenged in its own Disposed of on 23.5.1991. The Appeal filed in
Haider Hussain way, the specific provisions of Article 16 of the the Hon’ble
Vs. provisions of the Qanun-e-Shahadat Order, 1984 is Supreme Court
Govt. of Pakistan : Qanun-e-Shahadat declared as repugnant to the of Pakistan and
Linked with Order,1984. Injunctions of Islam to the extent disposed of with
Sh.P.No.3/I/1990 that an accomplice is not a direction Article
Linked with competent witness in offences 16 of the order
Sh.P.No.2/K/1991 punishable with Qisas and a may be amended
conviction based on accordingly
uncorroborated testimony of an dated 22-6-1993.
accomplice even in the matter of PSC 1994 Page-
ta’zir will be illegal. 434.The
PLD 1991 FSC Page-139. Rev.Petition has
also been
dismissed for
non procecution
on 4-10-2004
1990
S. No. Shariat Petition No. & Law Challenged FSC Decision Appeal filed in
Party Names the
Hon.Supreme
Court of
Pakistan or not
with Status
448. Sh.P.No.1/I/1990 Challenged section 20 Dismissed as having become Appeal has not
Muhammad Siddique of the Punjab Pre- infructous on 31.1.1991 filed.
Vs. emption Act, 1913.
Islamic republic of
Pakistan etc.
449. Sh.P.No.01/L/1990 Section 8 of Punjab Pre Dismissed as not pressed on Appeal not filed
Muhammad Sadiq emption Act, 1913 3.2.1991
Vs. petitioner prayed that
Govt. of Punjab etc. the provision of law
notification issue
regarding to exemption
of property from pre
emption situated
within the limits of
Municipal Committee,
Sialkot, may kindly be
declared to be
repugnant to the
injunctions of Islam.
450. Sh.P.No.1/K/1990 Sindh Service Allowed on 21-5-1991 Appeal not filed
Gul Muhammad Hajano Tribunals Act, 1973 Section 4, 4(b), Service Tribunals
Vs. and Rule 2 of service Act, challenged in Shariat Petition
The State Tribunals is repugnant to the Injunctions of
(Qualification of Islam.
Members) Rules, 1974
as being repugnant to
the Injunctions of
Islam.
451. Rew.Sh.P.No.1/K of Filed Review Petition Disposed of as withdrawn. Appeal has not
1990 Seeking review of the Order dated; 17-5-1992. filed.
Judgment dated; 24-5-
1990 passed by Full
Bench of this Court in
SH.P.No.1/K/1988.
85
452. Sh.P.No.2/I/1990 Challenged section 31 Disposed of as having not pressed Appeal has not
Ghulam Sarwar etc. of the NWFP Pre- on 31.1.1991. filed.
Vs. emption Act, 1987.
Islamic Republic of
Pakistan etc.
453. Sh.P.No.02/L/1990 Pension Act, 1871 Disposed of as withdrawn on Appeal not filed
Aftab Ahmed Shami petitioner prayed that 8.3.1990.
Vs. the above Section may
Islamic Republic of very graciously be
Pakistan declared to be
repugnant to
injunctions of Islam.
454. Sh.P.No.02/K/1990 Regulation No.9 of Allowed vide judgment dated Appeal filed in
Muhammad Sharif National Shipping 18.11.1993 with observation that the Hon’ble
Vs. Corp. (Established Regulation No.9 is repugnant to Supreme Court
Fed. Govt. of Pakistan & Officers) Service injunctions of Islam. of Pakistan and
others Regulation, 1965 dismissed as not
challenged being pressed on 6-6-
repugnant to 2009.
injunctions of Islam
455. Sh.P.No.3/I/1990 Challenged in its own Disposed of on 23.5.1991. The Appeal filed in
Syed Islam-ud-Din way, the specific provisions of Article 16 of the the Hon’ble
Vs. provisions of the Qanun-e-Shahadat Order, 1984 is Supreme Court
Govt. of Pakistan Qanun-e-Shahadat declared as repugnant to the of Pakistan and
Linked with Order, 1984. Injunctions of Islam to the extent disposed of with
Sh.P.No.17/I/1989 that an accomplice is not a direction Article
Linked with competent witness in offences 16 of the order
Sh.P.No.2/K/1991 punishable with Qisas and a may be amended
conviction based on accordingly
uncorroborated testimony of an dated
accomplice even in the matter of 22-6-1993.
ta’zir will be illegal. PSC 1994 Page-
PLD 1991 FSC Page-139. 434
The review
petition has also
been dismissed
for non
prosecution on
4-10-2004
456. Review Petition Review petition against Dismissed in limine on 7.10.1990 Appeal has not
No.3/I/1990 Maqbool the judgment of this on the ground that the articles filed.
Ahmad Qureshi Court in Shariat 245 and 248 of the Constitution
Vs. petitions, one titled’ have no concerned with the
Government of Pakistan Muhammad judgment of this Court in respect
Salahuddin and others of electoral System of Pakistan
vs. Government of and as such cannot be made as
Pakistan, in respect of subject matter of a review
Electoral System of petition. Besides the same being
Pakistan which is a the provisions of the Constitution
subject matter of are immune from examination by
appeal before the this Court under Article 203-D of
Shariat Appellate the Constitution as Constitution
Bench of the Supreme has been excluded from the
Court of Pk. purview of definition of ‘Law’ to
be examined by this Court vis-aà -
vis repugnancy thereof to the
injunctions of Islam.
457. Sh.P.No.03/L/1990 Section 11 of Pakistan Dismissed having no merits on Appeal filed in
Dr. Suhrab Aslam Khan Arms Ordinance, 1965 7.3.1990. the Hon’ble
Vs. petitioner prayed that Supreme Court
Fed: of Pakistan the above section of and dismissed as
law is misconceived barred by time
and wholly repugnant on 24-2-1993
to the Islamic
Injunctions.
458. S.P.No.03/K/1990 Part IV of the Sindh Dismissed having no merit on Appeal has not
86
appeal against
the order passed
by the Chairman
under section “8”
of Act “XIII of
1975 such an
appeal can be
provided to lie
before the High
Court in line
with the recurse
adopted in the
displaced
persons
(Compensation
and
Rehabilitation)
Act, 1958 and
the displaced
persons (Land
Settelment) Act,
1958 the apex
Court has
directed the
Government that
the above shall
made in Act :XIII
of 1975 till 30-7-
1999.
463. Sh.P.No.05/L/1990 Section 5(b) r/w Dismissed as withdrawn on Appeal not filed
Muhammad Afzal section 27 of Specific 10.2.1991
(minor) etc. Relief Act, 1877,
Vs. Contract Act, 1972
Federation of Pakistan petitioner prayed the
degree of specific
performance passed by
respondent No.2 & 3
direction compulsory
registration of transfer
deeds is being
repugnant to
injunctions of Islam.
464. S.P.No.05/K/1990 Section 6(h)(b) of Dismissed on 3.11.1992 with Appeal filed in
Hakim Muhammad Finance Act-V of 1989 observation that these petitions the Hon’ble
Saeed regarding Collecting of are misconceived and being Supreme Court
Vs. Tax Ord. 1979 without merit. of Pakistan and
Govt. of Pakistan challenged being has been
repugnant to withdrawn on
injunctions of Islam 20-10-2004.
465. Sh.P.No.06/I/1990 Sections 2(a), 6(2),12, Appeal allowed. Section Appeal filed in
Muhammad Ayub Vs. 20,22,24,25,27(3) 2(a),6(2),12,13(3),22, 29 & 35(2) the Hon’ble
Islamic Republic of (4),29,30, 31 of the of Punjab Pre emption Act, 1991 Supreme
Pakistan Punjab Pre emption were declared repugnant to the Court .The
L/W Ordinance-V, 1990 injunctions of Islam vide Court’s Appeal of the
S.P.No.07-L/1990 petitioner prayed that judgment dated 30.5.1991. Punjab Govt:
L/W the above section of PLD 1991 FSC Page-80. sections 2(a)
S.P.No.26-L/1990 laws may kindly 6(2)and 35(2)
L/W declared being have been
S.P.No.30-L/1990 repugnant to dismissed while
L/W injunctions of Islam. the appeal of
S.P.No.42-I/1990 Punjab Govt
L/W regarding
S.P.No.06-L/1991 sections
L/W 13(3),22 of 24
S.P.No.11-L/1991 has been allowed
L/W dt.2.9.1993, PLD
S.P.No.12-L/1991 1994 SC Page-1.
The revision
88
petition against
this Judgment
has also been
dismissed as
barred by time
on 6.10.2004.
466. Sh.P.No.06/L/1990 Sections 2(a), 6(2),12, Appeal allowed. Section Appeal filed in
Muhammad Ismail 20,22,24,25,27(3) 2(a),6(2),12,13(3),22, 29 & 35(2) the Hon’ble
Qureshi (4),29,30, 31 of the of Punjab Pre emption Act, 1991 Supreme
Vs. Punjab Pre emption were declared repugnant to the Court .The
Govt. of Punjab Ordinance-V, 1990 injunctions of Islam vide Court’s Appeal of the
L/W petitioner prayed that judgment dated 30.5.1991. Punjab Govt:
S.P.No.07-L/1990 the above section of PLD 1991 FSC Page-80. sections 2(a)
L/W laws may kindly 6(2)and 35(2)
S.P.No.26-L/1990 declared being have been
L/W repugnant to dismissed while
S.P.No.30-L/1990 injunctions of Islam. the appeal of
L/W Punjab Govt
S.P.No.06-I/1990 regarding
L/W sections
S.P.No.42-I/1990 13(3),22 of 24
L/W has been allowed
S.P.No.06-L/1991 dt.2.9.1993, PLD
L/W 1994 SC Page-1.
S.P.No.11-L/1991 The revision
L/W petition against
S.P.No.12-L/1991 this Judgment
has also been
dismissed as
barred by time
on 6.10.2004.
467. Sh.P.No.6/K/1990 Section 9 of Land Dismissed in limine on 30-4- Appeal not filed
Arbab Saindad Accusations Sindh 1992.
Vs. Amendment
The Government of Ordinance, XXIII of
Sindh 1984
468. S.P.No.7/I/1990 Prayed that the voter Dismissed on 22.4.1990, as the Appeal has not
Ahsan Ghaur who casts his vote petitioner has not challenged any filed.
Vs. dishonestly or provision of law. This petition
Government of Pakistan erroneously shall be pertains, at the most, to policy
awarded death matter.
sentence.
469. Sh.P.No.07/L/1990 Section 13 Punjab Pre Appeal allowed. Section Appeal filed in
Haji Rana Muhammad emption Act, 1990 2(a),6(2),12,13(3),22, 29 & 35(2) the Hon’ble
Shabbir Khan petitioner prayed that of Punjab Pre emption Act, 1991 Supreme Court
Vs. the above Section of were declared repugnant to the The Appeal of
Government of Punjab law may kindly be injunctions of Islam vide Court’s the Punjab Govt:
etc. declared being judgment dated 30.5.1991 sections 2(a)
repugnant to PLD 1991 FSC Page-80. 6(2)and 35(2)
injunctions of Islam. have been
dismissed while
the appeal of
Punjab Govt
regarding
sections
13(3),22 of 24
has been allowed
dt.2.9.1993, PLD
1994 SC Page-1.
The revision
petition against
this Judgment
has also been
dismissed as
barred by time
on 6.10.2004.
89
470. S.P.No.07/K/1990 Section 2(d), 7(2), 8,13 The detailed judgment dated 14- Appeal has not
Mian Suhail Hussain of the Banking 11-1991 in S.P.No.30/I/1990, filed.
Vs. Companies (Recovery PLD 1992 FSC Page-1.
Pakistan through the of Loans) Ord. 1979
President challenged being
repugnant to
injunctions of Islam
471. S.P.No.8/I/1990 The petitioner has Dismissed on 22.4.1990 for want Appeal not filed
Ahsan Ghaur merely relied on a of jurisdiction.
Vs. booklet written by
Government of Pakistan Hujjatullah Hijazi.
472. Sh.P.No.08/L/1990 Sections 12, 20, 22, 24, Allowed on 1.10.1991 It has been Filed in the
Muhammad Ismail 25, 29 & 32 of NWFP held by the Court that sections Supreme Court
Qureshi Pre emption Act, 1987 12, 13, 23, 29,31and 32 of the of Pakistan and
Vs. were challenged by the NWFP Pre-emption Act, 1987 to dismissed as
Govt. of NWFP through petitioner, while the the extent stated there-under, are withdrawn on
Secretary Law Court also took suo declared as repugnant to the dated 22-2-1993
Linked with moto notice of sections Injunctions of Islam laid down in
Sh.P.No. 12/I/1991 30, 16, 23, 27,31 & the Holy Quran and Sunnah of the
35(3) petitioner Holy Prophet (SAW). They are
prayed that the above declared as void and will cease to
Section of law may be effective as on 31st March,
kindly be declared 1992, unless amended and
being repugnant to altered by the Government of
injunctions of Islam. NWFP to bring them in
conformity with the Injunctions
of Islam as discussed in the
judgment. NLR 1992 Page 91 SD.
473. Sh.P.No.08/K/1990 Interest Act, 1839, The detailed judgment dated 14- Appeal has not
Syed Afzal Hussain section 34, 34(a)(b) of 11-1991 in S.P.No.30/I/1990, filed.
Vs. Govt. of Sindh etc. CPC challenged being PLD 1992 FSC Page-1
repugnant to
injunctions of Islam
474. Sh.P.No.09/I/1990 Personal grievance. Dismissed on dated 22-4-1990. Appeal not filed
Ahsan Ghayur
Vs.
Government of Pakistan
475. Sh.P.No.09/L/1990 Section 13 of West Allowed on 1-10-1991, PLD 1992 Appeal
Ch: Khan Muhammad Pakistan Urban Rent FSC page 286 Filed, Pending
Vs. Restriction Ordinance,
Govt. of Pakistan 1959 being repugnant
to injunctions of Islam.
L/W
S.P.No.5/I/1985
L/W
S.P.No.60/I/1990
L/W
S.P.No.71/I/1990
476. Sh.P.No.09/K/1990 Section 300 to 312 of Dismissed in limine on 24.2.1991 Appeal not filed
Haider Ali Muljee Taha Cr. Law regarding Qisas with the observation that the
Vs. & Diyat challenged Hon’ble Court did not find any
Fed. of Pakistan etc. being repugnant to force in the petition.
injunctions of Islam
477. Sh.P.No.10/I/1990 Personal grievance. Disposed of on dated 27-4-1992. Appeal not filed
Ahsan Ghayur
Vs.
Government of Pakistan
478. S.P.No.10/L/1990 Challenged paragraph Dismissed on 27.4.1992, as the Appeal has not
Ch.Khan Muhammad Vs. 22 of Land Reforms impugned paras are not found filed.
Govt of Pakistan Regulation, 1972 repugnant to the Injunctions of
L/W (M.L.R.115) as Islam as contained in the Holy
S.P.No.1/I/1991 repugnant to the Quran and Sunnah of the Holy
Mst.Akhtari Begum & Injunctions of Islam Prophet (PBUH)NLR 1992 SD
another 622
Vs.
Secretary M/O Law etc
90
479. Sh.P.No.11/I/1990 Prayed that no steps Dismissed on 22.4.1990 as the Appeal has not
Ahsan Ghaur are being taken in petitioner has not challenged any filed.
Vs. respect of Kashmir law as repugnant to the
Govt. of Pakistan Problem and its Injunctions of Holy Quran and
liberation. Sunnah.
480. Sh.P.No.11/L/1990 Income Tax Ordinance, Dismissed finding no force in the Appeal filed in
Fazal-ur-Rehman 1979 petitioner prayed petition on 27.5.1991. PLD 1992 the Hon’ble
Vs. that the Hon’ble Court FSC Page 329 Supreme Court
Fed: of Pakistan may kindly be declared and dismissed
above law being for non-
repugnant to prosecution on
injunctions of Islam. dated 6-10-2004
481. S.P.No.12/L/1990 Banking Companies The detailed judgment dated 14- Appeal has not
Karamatullah Sheikh Vs. Recovery of Loan 11-1991 in S.P.No.30/I/1990, filed.
President of Pakistan Ordinance, 1979 being PLD 1992 FSC Page-1.
repugnant to
injunctions of Islam.
482. S.P.No.12/I/1990 Political parties The Court has declared that the Appeal has not
Dr.Mehmood-ur- act,1962(Act.No.III of Political parties Act, 1962 has filed.
Rehman 1962) and policitcal been repealed and has been
Vs. parties rules.1986 replaced by the Political order,
Govt of Pakistan Linked except section 4 of the 2002 (Chief Executive Order
with said Act. No.18 of 2002). In view of what is
Sh.P.No.5/I/1989 stated above, the above named
Raja Abdul Razzaq petition and all the connected
Vs petitions have become
The Government of infructuous and disposed of
Pakistan accordingly.
Linked with Dated: 20.05.2008
Sh.P.No.26/I/1988
Linked with
Sh.P.No.4/K/1988
Linked with
Sh.P.No.3/L/1989
Linked with
Sh.P.No.65/I/1992
483. S.P.No.13/I/1990 Challenged sections Dismissed on 20.2.1992 for want Appeal filed in
Abdullah Sani 117 and 118 of of jurisdiction, in view of the the Hon’ble
Vs. Muhammadan law express bar on this Court to Supreme Court
The Federation of regarding will. examine Muslim Personal law as and dismissed on
Pakistan provided under Article 203B(c) dated 3-6-1998.
of the Constitution.
484. S.P.No.13/L/1990 Recovery of Interest in The detailed judgment dated 14- Supreme Court
Patiala Metal Merchant Cooperative Societies 11-1991 in S.P.No.30/I/1990, upheld the
Gujranwala Bank Act challenged PLD 1992 FSC Page-1. judgment of FSC
Vs. being repugnant to and dismissed
Federation of Pakistan injunctions of Islam the appeal on 23-
12-1999, PLD
2000 SC Page-
225-770. Review
petition filed in
Supreme Court
and remanded
the cases to FSC
on 24-6-2002,
PLD 2002 SC
Page-800.
485. Sh.P.No.14/L/1990 Section 4 of Muslim Dismissed having no jurisdiction Appeal not filed
Nazir Ahmed Family Law 1961 on 20.9.1991.
Vs. petitioner prayed that
Government of Pakistan Hon’ble Court may
kindly be declared the
above Section of laws
are being repugnant to
injunctions of Islam.
91
486. 15/I/1990 Regulation No.14 of the The Court held that: Judgment Appeal Filed
Dr.Mahmoodur Rehman Pakistan Insurance dated:14-11-1991 The Impugned Supreme Court
Faisal Corporation Employees regulation to the extent that it upheld the
Vs. Provident Fund relates to intrest was repugnant judgment of FSC
Secretary of Law Regulation, 1954, has to the Holy Quran and Sunnah and dismissed
been challenged on the and unless it is brought in the appeal on 23-
ground that in view of conformity with the Injunctions 12-1999, PLD
verses of Sura Al- of Islam by 30th June, 1992, it 2000 SC Page-
Baqara No.188 and 275 shall cease to be effective. 225-770. Review
is repugnant to the (PLD 1992 FSC-530) petition filed in
Injunctions of Islam Supreme Court
and remanded
the cases to FSC
on 24-6-2002,
PLD 2002 SC
Page-800.
487. Sh.P.No.15/L/1990 House Building Dismissed as incompetent vide Appeal not filed
Malik Muhammad Finance Corporation Court’s order dated 16.6.1991
Aslam Ord. relating Recovery
Vs. of Interest challenged
District Manager House being repugnant to
Building Finance Corp. injunctions of Islam.
Faisalabad etc.
488. Sh.P.No.16/L/1990 Recovery of interest in Dismissed as incompetent vide Appeal not filed
Ch. Sardar Ahmed Zia respect of Banking Court’s order dated 16.6.1991.
Vs. Companies Recovery of
Muslim Commercial Loan Ordinance
Bank challenged being
repugnant to
injunctions of Islam.
489. Sh.P.No.17/I/1990 Fiscal laws on the Allowed to the extent stated in Supreme Court
Dr. Mehmood-ur- touchstone against the the detailed judgment dated upheld the
Rehman Faisal Injunctions of Holy 14.11.1991 in S.P.No.30-I-1990. judgment of FSC
Vs. Quran and Sunnah. The various provisions of the and dismissed
Secretary M/o law, laws discussed in the judgment the appeal on 23-
Justice ,Islamabad and and held repugnant to the 12-1999, PLD
others injunctions of Islam will cease to 2000 SC Page-
have effect as on and from 1st 225-770. Review
July,1992. petition filed in
PLD 1992 FSC Page-1. Supreme Court
and remanded
the cases to FSC
on 24-6-2002,
PLD 2002 SC
Page-800.
490. Sh.P.No.17/L/1990 ADBP Rules, 1961, Allowed to the extent stated in Supreme Court
Baqir etc. Banking Companies the detailed judgment dated upheld the
Vs. Recovery of Loan Ord. 14.11.1991 in S.P.No.30-I-1990. judgment of FSC
ADBP etc. 1979 challenged being The various provisions of the and dismissed
repugnant to laws discussed in the judgment the appeal on 23-
injunctions of Islam. and held repugnant to the 12-1999, PLD
injunctions of Islam will cease to 2000 SC Page-
have effect as on and from 1st 225-770. Review
July,1992. petition filed in
PLD 1992 FSC Page-1. Supreme Court
and remanded
the cases to FSC
on 24-6-2002,
PLD 2002 SC
Page-800.
491. Sh.P.No.18/I/1990 Fiscal laws on the Allowed to the extent stated in Supreme Court
Dr.Mehmood-ur- touchstone of the the detailed judgment dated upheld the
Rehman Faisal injunctions of Holy 14.11.1991 in S.P.No.30-I-1990. judgment of FSC
Vs. Quran and Sunnah The various provisions of the and dismissed
Secretary M/o Justice laws discussed in the judgment the appeal on 23-
Islamabad and held repugnant to the 12-1999, PLD
injunctions of Islam will cease to 2000 SC Page-
have effect as on and from 1st 225-770. Review
92
on 24-6-2002,
PLD 2002 SC
Page-800.
498. Sh.P.No.21/L/1990 The Interest Act, 1839, Allowed to the extent stated in Supreme Court
Syed Musharaf Alam etc The Govt. Savings the detailed judgment dated upheld the
Vs. Banks Act, 1873, 14.11.1991 in S.P.No.30-I-1990. judgment of FSC
Habib Bank Limited section 78 and 80 of The various provisions of the and dismissed
L/W Negotiable Instrument laws discussed in the judgment the appeal on 23-
S.P.No.14–I/1990 Act, 1881, The Land and held repugnant to the 12-1999, PLD
L/W Acquisition Act, 1894, injunctions of Islam will cease to 2000 SC Page-
S.P.No.16–I/1990 The Code of Civil have effect as on and from 1st 225-770. Review
L/W Procedure, 1908, July,1992. petition filed in
S.P.No.17–I/1990 Section 34 CPC, The PLD 1992 FSC Page-1. Supreme Court
L/W Cooperative Societies and remanded
S.P.No.17-C–I/1990 Act, 1925, The the cases to FSC
L/W Cooperative Societies on 24-6-2002,
S.P.No.18–I/1990 Rules, 1927, The PLD 2002 SC
L/W Insurance Act, 1938, Page-800.
S.P.No.19–I/1990 The State Bank of
L/W Pakistan Act, 1956, The
S.P.No.20–I/1990 West Pakistan Money
L/W Lenders Ord., 1960,
S.P.No.31–I/1990 The West Pakistan
L/W Money Lenders Rule,
S.P.No.68–I/1990 1965, The Punjab
L/W Money Lenders Ord.,
S.P.No.72–I/1990 1960, The Sindh Money
L/W Lender Ord., 1960, The
S.P.No.73–I/1990 Baluchistan Money
L/W Lender Ord., 1960, The
S.P.No.08–L/1990 ADBP Rules, 1961,
L/W section 8(2)(a) of
S.P.No.12–L/1990 Banking Companies
L/W (Recovery of Loans)
S.P.No.13–L/1990 Ord. 1979, Banking
L/W Companies Rules,
S.P.No.17–L/1990 1963, The Banks
L/W (Nationalization)
S.P.No.21–L/1990 (Payment of
L/W Compensation) Rules,
S.P.No.27–L/1990 1974 challenged being
L/W repugnant to
S.P.No.66–L/1990 injunctions of Islam
L/W
S.P.No.04–K/1990
L/W
S.P.No.07–K/1990
L/W
S.Moto.No.01-I/1991
L/W
S.P.No.03–I/1991
L/W
S.P.No.04–I/1991
L/W
S.P.No.16–I/1991
L/W
S.P.No.16-A/I/1991
L/W
S.P.No.16/B–I/1991
L/W
S.P.No.16-C/I/1991
L/W
S.P.No.17–I/1991
L/W
S.P.No.17/B/I/1991
L/W
S.P.No.26–I/1991
L/W
94
S.P.No.27–I/1991
L/W
S.P.No.28–I/1991
L/W
S.P.No.30–I/1991
L/W
S.P.No.31–I/1991
L/W
S.P.No.35–I/1991
L/W
S.P.No.42–I/1991
L/W
S.P.No.43–I/1991
L/W
S.P.No.44–I/1991
L/W
S.P.No.46–I/1991
L/W
S.P.No.47–I/1991
L/W
S.P.No.48–I/1991
L/W
S.P.No.50–I/1991
L/W
S.P.No.51–I/1991
L/W
S.P.No.52–I/1991
L/W
S.P.No.56–I/1991
L/W
S.P.No.57-I/1991
L/W
S.P.No.58–I/1991
L/W
S.P.No.64–I/1991
L/W
S.P.No.65–I/1991
L/W
S.P.No.68–I/1991
L/W
S.P.No.69–I/1991
L/W
S.P.No.73–I/1991
L/W
S.P.No.74–I/1991
L/W
S.P.No.79–I/1991
L/W
S.P.No.95–I/1991
L/W
S.P.No.01–L/1991
L/W
S.P.No.13–L/1991
L/W
S.P.No.17–L/1991
L/W
S.P.No.18–L/1991
L/W
S.P.No.21–L/1991
L/W
S.P.No.22–L/1991
L/W
S.P.No.24–L/1991
L/W
S.P.No.25–L/1991
L/W
S.P.No.26–L/1991
L/W
95
S.P.No.27–L/1991
L/W
S.P.No.28–L/1991
L/W
S.P.No.29–L/1991
L/W
S.P.No.30–L/1991
L/W
S.P.No.31–L/1991
L/W
S.P.No.32–L/1991
L/W
S.P.No.33–L/1991
L/W
S.P.No.34–L/1991
L/W
S.P.No.36–L/1991
L/W
S.P.No.39–L/1991
L/W
S.P.No.41–L/1991
L/W
S.P.No.42–L/1991
L/W
S.P.No.48–L/1991
L/W
S.P.No.49–L/1991
L/W
S.P.No.60–L/1991
L/W
S.P.No.62–L/1991
L/W
S.P.No.66–L/1991
L/W
S.P.No.67–L/1991
L/W
S.P.No.68–L/1991
L/W
S.P.No.69–L/1991
L/W
S.P.No.70–L/1991
L/W
S.P.No.72–L/1991
L/W
S.P.No.73–L/1991
L/W
S.P.No.74–L/1991
L/W
S.P.No.76–L/1991
L/W
S.P.No.85–L/1991
L/W
S.P.No.89–L/1991
L/W
S.P.No.90–L/1991
L/W
S.P.No.91–L/1991
L/W
S.P.No.93–L/1991
L/W
S.P.No.101–L/1991
L/W
S.P.No.102–L/1991
L/W
S.P.No.01–K/1991
499. Sh.P.No.22/I/1990 Challenged section 74 Dismissed on 20.2.1992 without Appeal has not
Dr.Mehmood-ur- of the Land Revenue any force filed.
Rehman Faisal Act, 1967.
96
Vs.
Secretary, M/o Justice,
etc.
500. S.P.No.22–L/1990 Recovery of interest in Petition dismissed on dated 10-2- Appeal not filed
Rana Zahoor Ahmed respect of Banking 1991 However, petitioner was set
Khan Companies (Recovery at liberty to file fresh petition.
Vs. of Loans) Ord.
The State challenged being
repugnant to
injunctions of Islam.
501. Sh.P.No.23/I/1990 Section 3 of Wealth Tax Dismissed. Appeal has not
Dr. Mehmood-ur- Act, 1963. (Relating Accordingly to report of Mr. filed.
Rehman Faisal recovery of Wealth Mumtaz Ahmad Member Legal,
Vs Tax). CBR that the Wealth Tax Act as
Secretary, M/o Law & will as income tax Ordinance
Justice etc 1979 have been repealed the said
report has been verified by
standing council for the Federal
Government. Such being the
petition has become in fructuous.
Order dated; 6-6-2007.
Linked with -----------
-do-
S.S.M. 1/I/1992
Section 31-B of Wealth
Tax 1963.
502. Sh.P.No.23/L/1990 Unspecified provisions Dismissed as withdrawn on dated Appeal not filed
Saeed Ahmed of Election Laws 3-2-1991.
Vs. challenged being
President of Pakistan repugnant to
injunctions of Islam.
503. Sh.P.No.24/I/1990 In these petition The Court has diclear that the Appeal filed in
Dr.Mehmood ur provisions of the Zakat Muslim personal law still remain the Hon’ble
Rehman Faisal and usher ord.1980 out side the jurisdiction of this Supreme Court
Vs. have been chellanged is Court and so the Zakat and Usher and Allowed the
Secretary Ministry Law regpunant to the Ord.1980,which falls with in the appeal ,setaside
and Justice parlimintary injuction of Islam. definition of Muslim personal the order of the
Affairs Islamabad etc. laws is out side the jurisdiction of FSC and
L/W this Court for the aforside resion remanded the
S.P.No.34/I/1990 the Shariat Petitions have been case with the
Zia ud din ahmed dismissed in direction to
Sheikh limine.13.1.1991.PLD 1991 FSC disposed off the
Vs. page 35, after remanded petitions
Govrnment of Pakistan accordance with
L/W
the case was fixed on law.13.6.1993.PL
S.P.No.38/I/1990 21.12.1993( Pending ) D 1994 SC Page
Sh.Muhamad Hanif 607
Vs.
Govrnment of Pakistan
L/W
S.P.No.40/I/1990
Afzal Javid
Vs.
Govrnment of Pakistan
L/W
S.P.No.44/I/1990
Allah Ditta
Vs.
Govrnment of Pakistan
L/W
S.P.No.45/I/1990
Raja Muhammad Afsar
Khan
Vs. Federation of
97
Pakistan
504. Sh.P.No.24/L/1990 Section 10(3) of Dismissed being not repugnant to Appeal not filed
Muhammad Ibrahim Colonization of Govt. of the injunctions of Islam on
Vs. Punjab Act, 1912 24.3.1991.
Province of Punjab etc petitioner prayed that
the Hon’ble Court may
kindly be declared
above section of law
being repugnant to
injunctions of Islam.
505. Sh.P.No.25/I/1990 Challenged Section The Federal Shariat Court has Appeal has not
Dr. Mehmood-ur- 18(1) (2) of the already been held In filed.
Rehman Faisal Custom Act, 1969. Sh.P.No.11/L/1990 that the State
Vs is empowered to impose taxes on
Secretary, M/o Law & its subject to meet the financial
Justice etc requirement of the State on the
basis of Maslaha.
Order dated; 18-9-2007.
506. Sh.P.No.25/L/1990 In these connected The Court has allowed the Supreme Court
Muhammad Iqbal Ch. Shariat Petitions a petition on 14-11-1991 and of Pakistan
Vs. number of provisions directed that nessary detections upheld the
Federation of Pakistan of House Building and amendments be made in judgment of FSC
Linked with Finance Corporation, section 4(2), 21(2), 24(11,12), and dimissed the
S.P.No.32/I/1990 Act 1952 have been 24(2) and 30(1)(C) by 30th June appeal on
Linked with challenged as 1992 so as to bring them in 23-12-1999
S.P.No.7-L-1991 repugnant to the comferty with the injunctions of PLD 2000,
Linked with Injunctions of Islam. Islam as laid down in the Holy SC.Page 760.
S.P.No.14-L-1991 Quran and Sunnah. PLD 1992 FSC
Linked with Page 501
S.P.No.50-L-1991
Linked with
S.P.No.59-I-1991
Linked with
S.P.No.83-L-1991
Linked with
S.P.No.86-L-1991
S.P.No.87-L-1991
S.P.No.88-L-1991
Linked with
S.P.No.94-L-1991
Linked with
S.P.No.100-L-1991
507. S.P.No.26/I/1990 Fiscal laws the Disposed of on 27.5.1991 having Appeal has not
Dr. Mehmood-ur- touchstone against the not pressed. The petitioner filed.
Rehman Faisal Vs. Injunctions of Holy requests for two week’s time to
Secretary M/o Justice Quran and Sunnah. file fresh application. He will,
etc. however, be at liberty to file fresh
L/W petition as and when likes.
S.P.No.07-L/1990
L/W
S.P.No.06-L/1990
L/W
S.P.No.30-L/1990
L/W
S.P.No.06-I/1990
L/W
S.P.No.42-I/1990
L/W
S.P.No.06-L/1991
L/W
S.P.No.11-L/1991
L/W
S.P.No.12-L/1991
508. Sh.P.No.26/L/1990 Section 2, 13, 24, 30, 31 Appeal allowed. Section Appeal filed in
Rana Muhammad & 34 of Punjab Pre 2(a),6(2),12,13(3),22, 29 & 35(2) the Hon’ble
98
Shabbir Ahmed Khan emption Ord. XVIII of of Punjab Pre emption Act, 1991 Supreme
Vs. 1990 challenged being were declared repugnant to the Court .The
Province of Punjab repugnant to injunctions of Islam vide Court’s Appeal of the
injunctions of Islam. judgment dated 30.5.1991. Punjab Govt:
PLD 1991 FSC Page-80 sections 2(a)
6(2)and 35(2)
have been
dismissed while
the appeal of
Punjab Govt
regarding
sections
13(3),22 of 24
has been allowed
dt.2.9.1993, PLD
1994 SC Page-1.
The revision
petition against
this Judgment
has also been
dismissed as
barred by time
on 6.10.2004.
509. Sh.P.No.27/I/1990 Section 3(1) Sale Tax The Federal Shariat Court has Appeal has not
Dr. Mehmood-ur- Act, 1951 being already been held In filed.
Rehman Faisal repugnant to Sh.P.No.11/L/1990 that the State
Vs injunctions of Islam. is empowered to impose taxes on
Secretary, M/o Law & its subject to meet the financial
Justice etc requirement of the State on the
basis of Maslaha.
Order dated; 18-9-2007.
510. S.P.No.27/L/1990 Industrial Relation Dismissed as withdrawn on Appeal not filed
Muhammad Naeem Commission Ord., 3.2.1991
Virk 1969, Payment of
Vs. Wages Act, 1936,
Govt. of Pakistan & Employees Old Age
others Benefit Act, 1976,
Employees Cost of
Living Relief Act, 1973
etc. challenged being
repugnant to
injunctions of Islam.
511. Sh.P.No.28/I/1990 In this Shariat petition Disposed of on 27.5.1991,The Appeal filed in
Dr.Mehmood-ur- sec. “4” of the court court has been pleased to hold the Hon’ble
Rehman Faisal fees act, 1870 has been that the provisions of sections Supreme
Vs. challenged. 4,6,7 and 35 read with Schedule Court.Pending
Secretary, M/o Justice IV and V of the Punjab Finance
etc. Act No.XIV of 1973,Punjab
Ordinance,1981, further
amending Article 13 of Schedule
II of the Court Fees Act,1870
Sections 4 and 7 of Schedule I as
amended by Sind Finance Act IV
of 1990, sections 3 and 4 of
Baluchistan Finance
(Amendment) Ordinance,1981,
the relevant provision of NWFP
Court Fees Act/Ordinance
including NWFP Court Fees
(Amendment) Ordinance,1980
and any other provision in the
Central and Provincial statutes
relating to charging of Court fees,
which might not have been
pointed out or referred to this
Court by the representatives of
respective governments, (for lack
of information or any other
99
S.P No.01-K/1991
L/W
S.P No.17-L/1991
L/W
S.P No.18-L/1991
L/W
S.P No.26-L/1991
L/W
S.P No.29-L/1991
L/W
S.P No.30-L/1991
L/W
S.P No.31-L/1991
L/W
S.P No.32-L/1991
L/W
S.P No.26-I/1991
L/W
S.P No.28-L/1991
L/W
S.P No.43-I/1991
L/W
S.P No.42-L/1991
L/W
S.P No.13-L/1990
L/W
S.P No.21-L/1991
L/W
S.P No.49-L/1991
L/W
S.P No.67-L/1991
L/W
S.P No.73-L/1991
L/W
S.P No.76-L/1991
L/W
S.P No.50-I/1991
L/W
S.P No.89-L/1991
L/W
S.P No.90-L/1991
L/W
S.P No.66-L/1991
L/W
S.P No.91-L/1991
L/W
S.P No.93-L/1991
L/W
S.P No.58-I/1991
L/W
S.P No.16-B-I/1991
L/W
S.P No.17-B-I/1991
L/W
S.P No.101-L/1991
L/W
S.P No.73-I/1991
516. S.P.No.30/L/1990 Section 36 of Punjab The judgment in the above .The Appeal of
Muhammad Idrees Pre emption Ord. of subject matter has already been the Punjab Govt:
Vs. 1990 challenged being passed in S.P.No.06-L/1990 sections 2(a)
Govt. of Punjab repugnant to whereby appeal was allowed and 6(2)and 35(2)
injunctions of Islam. section 2(a),6(2),12,13(3),22, 29 have been
& 35(2) of Punjab Pre emption dismissed while
Act, 1991 were declared the appeal of
repugnant to the injunctions of Punjab Govt
Islam vide Court’s judgment regarding
dated 30.5.1991 sections
PLD 1991 FSC Page-80 13(3),22 of 24
103
Supreme Court
and remanded
the cases to FSC
on 24-6-2002,
PLD 2002 SC
Page-800
523. Sh.P.No.34/L/1990 Interest Act, 1939, Dismissed as withdrawn on Appeal not filed
Mst. Noor Bakht section 24 Sub-Section 2.7.1991.
Vs. (6), (8) of Act, XVIII of
House Building Finance 1952. Recovery of
Corp. interest challenged
being repugnant to
injunctions of Islam.
524. S.P.No.35/I/1990 Personal grievance Dismissed on 9.12.1990 as this Appeal has not
Allah Yar Court under Chapter 3-A of the filed.
Vs. Constitution is not empowered to
ADBP give such a relief.
525. Sh.P.No.35/L/1990 Recovery of interest in Dismissed as withdrawn on Appeal not filed
Muhammad Sadiq respect of Banking 10.2.1991.
Vs. Companies Recovery of
National Industrial Loan Ord. challenged
Corp. Ltd. etc. being repugnant to
injunctions of Islam.
526. S.P.No.36/I/1990 Personal grievance Dismissed on 11.12.1990 as this Appeal has not
Rafique Mehmood Court under Chapter 3-A of the filed.
Vs. Constitution is not empowered to
Govt: of Pakistan give such a relief.
527. S.P.No.36/L/1990 Recovery of interest in Dismissed being incompetent on Appeal not filed
Syed Raza Sultan respect of Banking 16.6.1991
Vs. Companies Recovery of
House Building Finance Loan Ordinance
Corp. etc. challenged being
repugnant to
injunctions of Islam.
528. S.P.No.37/I/1990 Personal grievance Disposed of as withdrawn on Appeal not filed
M.S Zahid Brothers 10.2.1991, as the petitioner has
Faisalabad not challenged any provisions of
Vs. law as repugnant to the
MCB Limited injunctions of Islam
529. S.P.No.39/I/1990 Challenged interest for Dismissed on 13.12.1990 as Appeal not filed
Begum Nasim Akhtar personal grievance. withdrawn
Vs.
HBFC
530. S.P.No.40/I/1990 Challenged Zakat Dismissed in limine on dated 13- Appeal not filed
Afzal Javid Ordinance, 1980 6-1991.
Vs.
Govt: of Pakistan
531. S.P.No.41/I/1990 Personal grievance Dismissed on 2.6.1991 as the has Appeal not filed
Niaz Hussain Lakhwara not challenged any provisions of
Vs. law as repugnant to the
Govt: of Pakistan injunctions of Islam
532. S.P.No.42/I/1990 Challenged Punjab Pre- Disposed of on 30.5.1991. The Appeal filed in
Ghulam Ahmad Awan emption Order 1990. Court has held that sections 2(a), the Hon’ble
Maibl 6(2),12, 13(3), 22,29 and 35 (2) Supreme
Vs. of the Punjab pre-emption Court .The
Govt: of Punjab Act,1991, to the extent stated Appeal of the
Sh.P.No.06/L/1990 there-under, are declared as Punjab Govt:
Muhammad Ismail repugnant to the Injunctions of sections 2(a)
Qureshi Islam laid down in the Holy 6(2)and 35(2)
Vs. Qur’an and Sunnah of the Holy have been
Govt. of Punjab Prophet(BPUH) . They are dismissed while
L/W declared as void and will cease to the appeal of
S.P.No.07-L/1990 be effective as on 31st December, Punjab Govt
L/W 1991, unless amended and regarding
S.P.No.26-L/1990 altered by the Provincial sections
L/W legislature to bring them in 13(3),22 of 24
105
L/W
S.P.No.5/I/1985
L/W
S.P.No.9/L/1990
L/W
S.P.No.71/I/1990
550. S.P.No.61/I/1990 Personal grievance. Dismissed on 11.12.1990 as this Appeal has not
Muhammad Mushtaq court is not empowered to give filed.
Vs. such a relief
NBP of Pakistan
551. S.P.No.62/I/1990 Personal grievance. Dismissed on 13.12.1990 for Appeal has not
Mst.Faizn Abbas want of jurisdiction filed.
Vs.
Govt: of Pakistan
107
559. S.P.No.69/I/1990 Personal grievance Withdrawn on 13.12.1990 to file Appeal has not
Mst.Fatima Bibi fresh petition. filed.
Vs.
President of Pakistan
etc.
560. S.P.No.70/I/1990 To declare any Dismissed on 13.12.1990 for Appeal has not
Asghar Ali Vs. provision of the want of jurisdiction filed.
Govt. of Pakistan Constitution as being
repugnant to the
Injunctions of Islam.
561. S.P.No.71/I/1990 In this petition certain Allowed on 1-10-1991.PLD 1992 Appeal has filed
Syed Irtiza Hussain provision of the Sindh FSC page 292 in SC
Vs rent primises Pending
Government of Sindh ordinance, 1979 have
been challenged on the
L/W grounds that they are
S.P.No.60/I/1990 repugnant to the
L/W Injunctions of Islam
S.P.No.9/L/1990
L/W
S.P.No.5/I/1985
562. S.P.No.73/I/1990 Challenged Section Allowed and disposed of on Supreme Court
Mian Saleem-ud-Din 8(2) and 25(2) of the 14.11.1991, reasons recorded in upheld the
etc. Vs. Banking Companies the detailed judgment in judgment of FSC
Federation of Pakistan Ordinance (Recovery of S.P.No.30-I-1990 and others and dismissed
etc. Loans) 1979 and (Riba/Interest case the appeal on 23-
section 34-B of the 12-1999, PLD
Code of Civil Procedure 2000 SC Page-
225-770. Review
petition filed in
Supreme Court
and remanded
the cases to FSC
on 24-6-2002,
PLD 2002 SC
109
Page-800
563. S.P.No.74/I/1990 Personal grievance Dismissed on 15.12.1991, as the Appeal has not
Qudsia Begum petitioner has not challenged any filed.
Vs. provision of law.
Govt. of Pakistan
564. S.P.No.75/I/1990 Prayed that this Court Dismissed in limine on 24.2.1991, Filed in the
Malik Muhammad may order the State to as the petitioner has not Supreme Court
Usman declare Jihad against challenged any provision of law. of Pakistan. And
Vs. the non-Muslims in has been
Govt: of Pakistan Pakistan, India, dismissed on
Kashmir and 21.2.1993
Afghanistan where
Muslims are being
killed.
1991
S. No. Shariat Petition No. & Law Challenged FSC Decision Appeal filed in
Party Names the
Hon.Supreme
Court of
Pakistan or not
with Status
565. S.P.No.1/I/1991 Challenged paragraph Dismissed on 27.4.1992, as the Appeal has not
Mst.Akhtari Begum & 22 of Land Reforms impugned paras are not found filed.
another Regulation, 1972 repugnant to the Injunctions of
Vs. (M.L.R.115) as Islam as contained in the Holy
Secretary M/O Law etc repugnant to the Quran and Sunnah of the Holy
L/W Injunctions of Islam Prophet (PBUH)NLR 1992 SD
S.P.No.10/L/1990 622
566. S.P.No.01/L/1991 Cooperative Societies However the judgment in the Supreme Court
Ch. Ejaz Ahmed Rule, 1927 challenged same subject matter has already upheld the
Vs. being repugnant to been passed in S.P.No.30-I/1990 judgment of FSC
Province of Punjab injunctions of Islam. on 14.11.1991 vide PLD 1992 and dismissed
page 1. the appeal on 23-
12-1999, PLD
2000 SC Page-
225-770. Review
petition filed in
Supreme Court
and remanded
the cases to FSC
on 24-6-2002,
PLD 2002 SC
Page-800
567. S. Review Challenged provision of Dismissed for non-prosecution Appeal has not
P.No.1/I/1991 Sindh Service Tribunal on 11.5.2007 at Karachi filed.
Gul Muhammad Hajano Act, 1973 and Rule 2 of
Vs. the Service Tribunal
Federation of Pakistan (Qualification of
Members) Rules, 1974
Linkedwith
S.P.No.1/K/1990
Gul Muhammad Hajano
Vs. The State Challenged provision of
Sindh Service Tribunal Dismissed on 21.5.1991
Act, 1973 and Rule 2 of
the Service Tribunal
(Qualification of
Members) Rules, 1974
568. S.P.No.01/K/1991 Section 8(2) of Banking The judgment on the same Appeal on the
Niazuddin Pir Bux Allah Companies (Recovery subject matter has already been same subject
Wala of Loans) Ord. 1979, passed in S.P.No.30-I/1990 on matter was filed
Vs. section 24, 24(a)(b) 14.11.1991 vide PLD 1992 page in the Hon’ble
110
569. Sh.P.No.2/I/1991 Challenged Articles Dismissed on 20.2.1992, for want Appeal not filed.
Haji Muhammad 203(c) and 203-C (5) of of jurisdiction. PLD 1992 FSC
Saifullah Khan the Constitution of Page 376
Vs. Islamic Republic of
Federal Government Pakistan.
570. Sh.P.No.02/L/1991 Section 24 of Land The same order as in S.S.M. No.4- Supreme Court
Dr. Syed Asad Gilani Vs. Acquisition Act, 1894 I/1991 dated 24.10.1991. upheld the
Government of Pakistan challenged which inter judgment of FSC
alia provides that the and dismissed
collector shall lpay the the appeal on 23-
amount awarded with 12-1999, PLD
interest thereon at the 2000 SC Page-
rfate of six per centum 225-770. Review
per annum being petition filed in
repugnant to Supreme Court
injunctions of Islam. and remanded
the cases to FSC
on 24-6-2002,
PLD 2002 SC
Page-800
571. Sh.P.No.2/K/1991 Challenged in its own Disposed of on 23.5.1991. The Appeal has filed.
Muhammad Shafi way, the specific provisions of Article 16 of the And allowed
Muhammadi provisions of the Qanun-e-Shahadat Order, 1984 is article 16 of
Vs. Qanun-e-Shahadat declared as repugnant to the qanun e shahdat
Federation of Pakistan Order, 1984. Injunctions of Islam to the extent ord.1984 has
and another that an accomplice is not a been declear
L/W competent witness in offences repugnant to the
S.P.No.17/I/1989 punishable with Qisas and a injuction of Islam
L/W conviction based on dt.22.6.1993.PSC
S.P.No.3/I/1990 uncorroborated testimony of an 1994 Page-434.
accomplice even in the matter of The review
ta’zir will be illegal. petition has been
PLD 1991 FSC Page-139. dismissed for
non procecution
on 4.10.2004.
572. Sh.P.No.3/I/1991 Challenged Section 3, Dismissed on 5.3.1992, this Court Appeal has not
Haji Muhammad 13(4), 18, 19, first is not possessed of the filed.
Saifullah Khan schedule and second jurisdiction with regard to
Vs. schedule of the Zakat Muslim personal law, the
Federation of Pakistan and Usher Ordinance, collection and distribution of
1980 on the ground Zakat being one of its branches,
that they are repugnant the petition is hand is not
to the Injunctions of maintainable.
Islam.
573. S.Ref.No.3/I/1991 Challenged varies Reference is answered in the Appeal has not
Muhammad Moosa provisions of the West negative on 8.12.1991. filed.
Soomro Pakistan Vagrancy Ord:
Vs. 1958 and rules made
S.O.(Judicial) and there under have been
Muhammad Kasim as repugnant to the
Lashari, A.D.M) Injunctions of Islam.
574. Sh.P.No.03/L/1991 No law challenged but Dismissed on 10.2.1991 having Appeal not filed
Muhammad Ramzan personal grievance not jurisdiction.
Vs. challenged being
Federal Government of repugnant to
111
Govt. of Punjab Land Revenue Act, petition vide order dated 8.3.1999
1968 regarding 12.2.1992 Supreme court
appointment of held at rules 25
lumbardar challenged and 26
being repugnant to the repugnant
injunctions of Islam injuction of Islam
to the extant
they rcognize the
apponment
mioner are
incapable person
is a
hedman(Lambrd
ar),rule 19(2) of
the Punjab land
revenue rules,
1968 is also
repugnant shall
therefore cease
to have effect on
1.9.1999
582. S.P.No.05/K/1991 Paragraph C of Proviso Dismissed in limine on 24.4.1991 Appeal not filed
Qazi Abdul Hameed 1 of article 9 of the with observation that the Court
Siddiqi Establishment of did not find any repugnancy in
Vs. Wafaqi Muhtasib Order, the law against the injunction of
Federation of Pakistan 1983 challenged being Islam.
repugnant to
injunctions of Islam.
583. Sh.P.No.06/L/1991 Section 30 Punjab Pre Appeal allowed. Section Appeal filed in
Ch. Habibullah emption Ordinance, 2(a),6(2),12,13(3),22, 29 & 35(2) the Hon’ble
Vs. XXVI, 1990 being of Punjab Pre emption Act, 1991 Supreme
Govt. of Punjab etc. repugnant to were declared repugnant to the Court .The
L/W injunctions of Islam. injunctions of Islam vide Court’s Appeal of the
Sh.P.No.07-L/1990 judgment dated 30.5.1991. Punjab Govt:
L/W PLD 1991 FSC Page-80 sections 2(a)
Sh.P.No.26-L/1990 6(2)and 35(2)
L/W have been
Sh.P.No.30-L/1990 dismissed while
L/W the appeal of
Sh.P.No.06-I/1990 Punjab Govt
L/W regarding
S.P.No.42-I/1990 sections
L/W 13(3),22 of 24
Sh.P.No.06/L/1990 has been allowed
L/W dt.2.9.1993, PLD
Sh.P.No.11-L/1991 1994 SC Page-1.
L/W The revision
Sh.P.No.12-L/1991 petition against
this Judgment
has also been
dismissed as
barred by time
on 6.10.2004.
584. Sh.P.No.06/K/1991 Certain allegations Dismissed being incompetent on Appeal not filed
Mashriq Employees regarding 9.2.1992.
Union Karachi misappropriation of
Vs. G.P Fund and gratuity
Islamic Republic of and also privatization
Pakistan of newspapers
challenged being
repugnant to
injunctions of Islam
585. Sh.P.No.7/I/1991 Challenged Section The above-said provisions of Filed in the
Habib-ul-Wahab-ul- 2,3(4), 4,5(2) and 6 of sections 401, 402, 402a, 402, B, Supreme Court
Khairi the Holders of 494 and 495 Cr.P.C. and section of Pakistan and
Vs. Representative offices 10(4) of Pakistan Criminal law dismissed for
Federation of Pakistan (prevention of Amendment Act, 1958 to bring non-prosecution
Linked with Misconduct) Act, 1976, them in conformity with the on dated 6-5-
113
587. S.P.No.07/K/1991 Interest Act, 1839 Returned in original on 9-10- Appeal has not
Siraj Mehmood (whole), section 79 & 1991. filed.
Rehmani 80 of Negotiable
Vs. Instrument Act, 1881,
Federation of Pakistan subsection 2 of section
& others 8 of Banking
Companies (Recovery
of Loans) Ord. 1979,
section 34, 34(a)(b)
CPC challenged being
repugnant to
injunctions of Islam
588. S.P.No.8/I/1991 Challenged Section The above-said provisions of Filed in the
Habib-ul-Wahab ul 10(4) of Pakistan sections 401, 402, 402a, 402, B, Supreme Court
Khairi Criminal law 494 and 495 Cr.P.C. and section of Pakistan and
Vs. Amendment Act, 1958. 10(4) of Pakistan Criminal law dismissed for
Federation of Pakistan different provisions of Amendment Act, 1958 to bring non-prosecution
Sh.P.No.7/I/1991 Cr.P.C. them in conformity with the on dated 6-5-
Habib-ul-Wahab-ul- Injunctions of Islam as laid down 2009.
Khairi in the Holy Quran and Sunnah on
Vs. dated 8-8-1991. ( PLD 1991 FSC
Federation of Pakistan Pge 236 )
114
Linked with
Sh.P.No.3/I/1990
sections 2(a)
6(2)and 35(2)
have been
dismissed while
the appeal of
Punjab Govt
regarding
sections
13(3),22 of 24
has been allowed
dt.2.9.1993, PLD
1994 SC Page-1.
The revision
petition against
this Judgment
has also been
dismissed as
barred by time
on 6.10.2004.
599. S.P.No.11/K/1991 Interest Act, 1839, Dismissed on 2.2.1992 in limine Appeal not filed
Muhammad Ali section 34, 34(a)(b) having become infructuous as the
Vs. CPC challenged being judgment on the same subject
ADBP etc. repugnant to matter has already been passed
injunctions of Islam. in S.P.No.30-I/1990 on
14.11.1991 vide PLD 1992 page
1.
600. Sh.P.No. 12/I/1991 Challenged Section 31 Allowed on 1.10.1991 For the Filed in the
Mst. Naseem Begum of the NWFP Pre- reasons recorded in the detailed Supreme Court
Vs. emption Act, 1987. judgment in S.P.No.8-L-1990. It of Pakistan and
Government of has been held by the Court that dismissed as
Pakistan. sections 12, 13, 23, 29,31and 32 withdrawn on
Linked with of the NWFP Pre-emption Act, dated 22-2-1993
Sh.P.No.8/L/1990 1987 to the extent stated there-
under, are declared as repugnant
to the Injunctions of Islam laid
down in the Holy Quran and
Sunnah of the Holy Prophet
(SAW). They are declared as void
and will cease to be effective as
on 31st March, 1992, unless
amended and altered by the
Government of NWFP to bring
them in conformity with the
Injunctions of Islam as discussed
in the judgment.NLR 1992 Page
91 SD
601. S.P.No.12/L/1991 Punjab Pre emption The judgment in the above Appeal filed in
Mian Sher Alam Ord., 1990 challenged subject matter has already been the Hon’ble
Vs. being repugnant to passed in S.P.No.06-L/1990 Islam Supreme
Govt. of Punjab etc. injunctions of Islam vide Court’s judgment dated Court .The
30.5.1991 Appeal of the
PLD 1991 FSC Page-80- Punjab Govt:
sections 2(a)
6(2)and 35(2)
have been
dismissed while
the appeal of
Punjab Govt
regarding
sections
13(3),22 of 24
has been allowed
dt.2.9.1993, PLD
1994 SC Page-1.
The revision
petition against
this Judgment
has also been
116
dismissed as
barred by time
on 6.10.2004.
602. S.P.No.12/K/1991 Interest Act, 1839, Dismissed on 2.2.1992 in limine Appeal not filed
Arz Muhammad section 34, 34(a)(b) having become infructuous as the
Chandio etc. CPC challenged being judgment on the same subject
Vs. repugnant to matter has already been passed
ADBP etc. injunctions of Islam in S.P.No.30-I/1990 on
14.11.1991 vide PLD 1992 page
1.
603. S.P.No.13/I/1991 Section 4 of Muslim Dismissed having no jurisdiction Appeal filed and
Mst. Karam Nooran Family Law Ord. 1961 on 24.3.1991 as the matter relate has been
Vs. challenged being to Muslim Family Law Ord. 1961. dismissed on
Govt. of Pakistan repugnant to 14.2.1993
injunctions of Islam
604. Sh.P.No.13/L/1991 Rule 17 of ADBP Rules, The judgment in the same subject Supreme Court
Rahm Din 1961 regarding matter has already been passed upheld the
Vs. recovery of interest in S.P.No.30-I/1990 on judgment of FSC
Federal Govt. of challenged being 14.11.1991 vide PLD 1992 page and dismissed
Pakistan repugnant to 1. the appeal on 23-
injunctions of Islam 12-1999, PLD
2000 SC Page-
225-770. Review
petition filed in
Supreme Court
and remanded
the cases to FSC
on 24-6-2002,
PLD 2002 SC
Page-800
605. S.P.No.13/K/1991 Interest Act, 1839, Dismissed on 2.2.1992 in limine Appeal not filed
Bakhshal Khan section 34, 34(a)(b) having become infructuous as the
Vs. CPC challenged being judgment on the same subject
ADBP etc. repugnant to matter has already been passed
injunctions of Islam. in S.P.No.30-I/1990 on
14.11.1991 vide PLD 1992 page
1.
606. S.P.No.14/I/1991 Article 141,142 & 144 In view of the judgments Appeal not filed
Syed Hazrat Saeed and section 148 of reported in SCMR 1991 page
Vs. Limitation Act, 1908 2063 & PLD 1992 S.C page 225,
Captain Abdul Rashid challenged being petition disposed of as
etc. repugnant to withdrawn on 16.1.1994
injunctions of Islam.
607. S.P.No.14/L/1991 In these connected The Court has allowed the Supreme Court
Qari Ghulam Rasool Vs. Shariat Petitions a petition on 14-11-1991 and of Pakistan
HBFC etc number of provisions directed that nessary detections upheld the
Linked with of House Building and amendments be made in judgment of FSC
S.P.No.50/L/1991 Finance Corporation, section 4(2), 21(2), 24(11,12), and dimissed the
Linked with Act 1952 have been 24(2) and 30(1)(C) by 30th June appeal on 23-12-
S.P.No.59/I/1991 challenged as 1992 so as to bring them in 1999 case
Linked with repugnant to the comferty with the injunctions of PLD 2000,
S.P.No.83/L/1991 Injunctions of Islam. Islam as laid down in the Holy SC.Page 760.
Linked with Quran and Sunnah. PLD 1992 FSC
S.P.No.86/L/1991 Page 501
S.P.No.87/L/1991
S.P.No.88/L/1991
Linked with
S.P.No.94/L/1991
Linked with
S.P.No.100/L/1991
Linked with
S.P.No.7-L-1991
608. S.P.No.14/K/1991 Interest Act, 1839, Dismissed on 2.2.1992 in limine Appeal not filed
Ghulam Ali alias Sadoro section 34, 34(a) (b) having become infructuous as the
Vs. CPC challenged being judgment on the same subject
117
614. S.P.No.16-A/I/1991 Section 79 and 80 of the judgment in the same subject Supreme Court
Allied Paper Industry Negotiable Instrument matter has already been passed upheld the
etc. Karachi Act, 1881 regarding in S.P.No.30-I/1990 on judgment of FSC
Vs. recovery of interest 14.11.1991 and dismissed
National Bank of challenged being the appeal on 23-
Pakistan etc. repugnant to 12-1999, PLD
injunctions of Islam 2000 SC Page-
225-770. Review
petition filed in
Supreme Court
and remanded
the cases to FSC
on 24-6-2002,
PLD 2002 SC
Page-800
615. S.P.No.16-B/I/1991 section 8(2) (a) of the the judgment in the same subject Supreme Court
Allied Paper Industry Banking Company matter has already been passed upheld the
etc. Karachi (Recovery of Loans) in S.P.No.30-I/1990 on judgment of FSC
Vs. Ord. 1979 regarding 14.11.1991 and dismissed
National Bank of recovery of interest the appeal on 23-
Pakistan etc. challenged being 12-1999, PLD
repugnant to 2000 SC Page-
injunctions of Islam 225-770. Review
118
petition filed in
Supreme Court
and remanded
the cases to FSC
on 24-6-2002,
PLD 2002 SC
Page-800
616. S.P.No.16–C/I/1991 Interest Act, 1839 the judgment in the same subject Supreme Court
Allied Paper Industry regarding recovery of matter has already been passed upheld the
etc. Karachi interest challenged in S.P.No.30-I/1990 on judgment of FSC
Vs. being repugnant to 14.11.1991 and dismissed
National Bank of injunctions of Islam the appeal on 23-
Pakistan etc. 12-1999, PLD
2000 SC Page-
225-770. Review
petition filed in
Supreme Court
and remanded
the cases to FSC
on 24-6-2002,
PLD 2002 SC
Page-800
.
617. S.P.No.16/K/1991 Interest Act, 1839, Dismissed on 2.2.1992 in limine Appeal not filed
Syed Hussain Shah section 34, 34(a)(b) having become infructuous as the
Vs. CPC challenged being judgment on the same subject
ADBP etc. repugnant to matter has already been passed
injunctions of Islam in S.P.No.30-I/1990 on
14.11.1991 vide PLD 1992 page
1.
618. Sh.P.No.17//L/1991 Banking Companies The judgment in the same subject Appeal not filed
M/S Kamran Ice Factory (Recovery of Loans) matter has already been passed
Vs. Ordinance, 1979 in S.P.No.30-I/1990 on
President of Pakistan regarding recovery o 14.11.1991 vide PLD 1992 page
interest being 1.
repugnant to
injunctions of Islam.
619. S.P.No.17/I/1991 Section 34 CPC, The judgment in the same subject Supreme Court
Allied Paper Industry sections 79 & 80 of matter has already been passed upheld the
etc. Karachi Negotiable Instrument in S.P.No.30-I/1990 on judgment of FSC
Vs. Act, 1881, section 9(2) 14.11.1991 and dismissed
National Bank of (a) of Banking the appeal on 23-
Pakistan etc. Companies (Recovery 12-1999, PLD
of Loans) Ord. 1979 2000 SC Page-
regarding recovery of 225-770. Review
interest challenged petition filed in
being repugnant to Supreme Court
injunctions of Islam and remanded
the cases to FSC
on 24-6-2002,
PLD 2002 SC
Page-800
.
620. S.P.No.17-A/I/1991 Negotiable Instrument The judgment in the same subject Supreme Court
Allied Paper Industry Act, 1881 regarding matter has already been passed upheld the
etc. Karachi recovery of interest in S.P.No.30-I/1990 on judgment of FSC
Vs. challenged being 14.11.1991 and dismissed
National Bank of repugnant to the appeal on 23-
Pakistan etc. injunctions of Islam 12-1999, PLD
2000 SC Page-
225-770. Review
petition filed in
Supreme Court
and remanded
the cases to FSC
on 24-6-2002,
PLD 2002 SC
119
Page-800
.
621. S.P.No.17-B/I/1991 section 8(2) (a) of the The judgment in the same subject Supreme Court
Allied Paper Industry Banking Company matter has already been passed upheld the
etc. Karachi (Recovery of Loans) in S.P.No.30-I/1990 on judgment of FSC
Vs. Ord. 1979 regarding 14.11.1991 and dismissed
National Bank of recovery of interest the appeal on 23-
Pakistan etc. challenged being 12-1999, PLD
repugnant to 2000 SC Page-
injunctions of Islam 225-770. Review
petition filed in
Supreme Court
and remanded
the cases to FSC
on 24-6-2002,
PLD 2002 SC
Page-800
.
622. S.P.No.17-C/I/1991 Interest Act, 1839 The judgment in the same subject Supreme Court
Allied Paper Industry regarding recovery of matter has already been passed upheld the
etc. Karachi interest challenged in S.P.No.30-I/1990 on judgment of FSC
Vs. being repugnant to 14.11.1991 and dismissed
National Bank of injunctions of Islam. the appeal on 23-
Pakistan etc. 12-1999, PLD
2000 SC Page-
225-770. Review
petition filed in
Supreme Court
and remanded
the cases to FSC
on 24-6-2002,
PLD 2002 SC
Page-800
.
623. S.P.No.17/K/1991 Interest Act, 1839, Dismissed on 2.2.1992 in limine Appeal not filed
Haji Allah Dino section 34, 34(a)(b) having become infructuous as the
Vs. CPC challenged being judgment on the same subject
ADBP etc. repugnant to matter has already been passed
injunctions of Islam in S.P.No.30-I/1990 on
14.11.1991 vide PLD 1992 page
1.
624. S.P.No.18/I/1991 Discrimination Allowed off on 14.10.1992. The Filed in Supreme
I.A Sherwani between Old Court has been pleased to Order Court and has
Vs. Pensioners and new that the division of pensioners been allowed
Secretary Ministry of pensioners into new and old pensioners is setaside the
Finance also discriminatory. Actually impugned
Linked with pensioner is a pensioner judgment of the
S.P.No.63/I/1990 irrespective of the irrespective of FSC
Linked with the date on which he retired and dated 9-1-2004 ,
S.P.No.67/I/1990 whenever there is any revision of SCMR 2005 page
Linked with salary or pension each one of the 292
S.P.No.24/I/1991 pensioners is entitled to get
pension equal to the other in the
same grade or category. It
transpires that section 19 of Civil
Servant Act is being implemented
by the Government is respect of
different pensioners not keeping
in view the principle of ‘Adl’ and
‘Ihsan. The Court is also of the
view that the aforesaid impugned
Notification of the year 1985 and
1986 are in consistent with the
injunctions of Islam in as much as
the principle of ‘Adl’ and ‘Ihsan’
have been over locked. The Court
will direct that regulation 4 of the
Civil Serves regulations be also
120
632. Sh.P.No.20/K/1991 Interest Act, 1839, Dismissed on 2.2.1992 in limine Appeal not filed
Hafiz Abdul Salam section 34, 34(a) (b) having become infructuous as the
Vs. CPC challenged being judgment on the same subject
ADBP etc. repugnant to matter has already been passed
injunctions of Islam. in S.P.No.30-I/1990 on
14.11.1991 vide PLD 1992 page
1.
633. S.P.No.21/I/1991 Personal grievance Dismissed in limine being not Appeal not filed
Imtiaz Ali relating to interest on maintainable and out of
Vs. loan challenged being jurisdiction on 4.6.1991
Muhammad Shaukat repugnant to
Manager ADBP injunctions of Islam.
634. S.P.No.21/L/1991 Recovery of interest in Judgment reserved on 15.2.1991. Supreme Court
M/k Imtrak Traders respect of Banking The detailed judgment is not upheld the
Vs. Companies (Recovery placed in filed. However, the judgment of FSC
Fed: of Pakistan of Loans) Ord. judgment in the same subject and dismissed
challenged being matter has already been passed the appeal on 23-
repugnant to in S.P.No.30-I/1990 on 12-1999, PLD
injunctions of Islam. 14.11.1991 vide PLD 1992 page 2000 SC Page-
1. 225-770. Review
petition filed in
Supreme Court
and remanded
the cases to FSC
on 24-6-2002,
PLD 2002 SC
Page-800
.
635. S.P.No.21/K/1991 Interest Act, 1839, Dismissed on 2.2.1992 in limine Appeal not filed
Moula Bakhsh alias section 34, 34(a)(b) having become infructuous as the
Moula Dad CPC challenged being judgment on the same subject
Vs. repugnant to matter has already been passed
ADBP etc. injunctions of Islam. in S.P.No.30-I/1990 on
14.11.1991 vide PLD 1992 page
1.
636. S.P.No.22/I/1991 Sections 169 and Dismissed in limine on 19.4.1992 Appeal not filed
Captain (Retd) Mukhtar 249(a) of Cr.P.C of the with observation that as the law
Ahmed Sheikh Criminal procedural challenged in this petition are
Vs. Court of 1898 procedural in nature and outside
Govt. of Pakistan Challenged being of the ambit of jurisdiction of this
repugnant to Court.
injunctions of Islam.
637. S.P.No.22/L/1991 Recovery of Bank Recovery of Bank interest Appeal has not
Sheikh Abdul Majeed interest being repugnant to the injunctions of filed.
etc. repugnant to the Islam. However, the judgment in
Vs. injunctions of Islam. the same subject matter has also
ADBP etc. been passed in S.P.No.30-I/1990
on 14.11.1991 vide PLD 1992
page 1.
638. S.P.No.22/K/1991 Interest Act, 1839, Dismissed on 2.2.1992 in limine Appeal not filed
Suhrab section 34, 34(a)(b) having become infructuous as the
Vs. CPC challenged being judgment on the same subject
ADBP etc. repugnant to matter has already been passed
injunctions of Islam in S.P.No.30-I/1990 on
14.11.1991 vide PLD 1992 page
1.
639. S.P.No.23/I/1991 Complaint against Dismissed in limine being out of Appeal not filed
M.Ghulam Muhammad fraud in respect of jurisdiction on 4.6.1991.
Vs. property inherited to
Custodian Evacuee him from his brother.
Trust Property Punjab
640. Sh.P.No.23/L/1991 Section 6,8,24 of HBFC Dismissed as withdrawn on Appeal not filed
Muhammad Mushtaq Act, 1979 and Recovery 2.7.1991
Shah of Bank interest being
Vs. repugnant to the
District Manager HBFS injunctions of Islam.
641. S.P.No.23/K/1991 Interest Act, 1839, Dismissed on 2.2.1992 in limine Appeal not filed
122
Bakhshal Khan etc. section 34, 34(a)(b) having become infructuous as the
Vs. CPC challenged being judgment on the same subject
ADBP etc. repugnant to matter has already been passed
injunctions of Islam. in S.P.No.30-I/1990 on
14.11.1991 vide PLD 1992 page
1.
642. S.P.No.24/I/1991 Discrimination Allowed off on 14.10.1992. The Filed in Supreme
Fazal Ilahi, B.A.C. MA between Old Court has been pleased to Order Court has been
Secy: Ministry of Pensioners and new that the division of pensioners allowed set a
Finance pensioners into new and old pensioners is side the
Linked with also discriminatory. Actually impugent
S.P.No.63/I/1990 pensioner is a pensioner judgment of
Linked with irrespective of the irrespective of federal Shariat
S.P.No.67/I/1990 the date on which he retired and court on
Linked with whenever there is any revision of 9.1.2004. SCMR
S.P.No.18/I/1991 salary or pension each one of the 2005, Page 292
pensioners is entitled to get
pension equal to the other in the
same grade or category. It
transpires that section 19 of Civil
Servant Act is being implemented
by the Government is respect of
different pensioners not keeping
in view the principle of ‘Adl’ and
‘Ihsan. The Court is also of the
view that the aforesaid impugned
Notification of the year 1985 and
1986 are in consistent with the
injunctions of Islam in as much as
the principle of ‘Adl’ and ‘Ihsan’
have been over locked. The Court
will direct that regulation 4 of the
Civil Serves regulations be also
brought in conformity with the
injunctions of Islam The
judgment shall take effect after 6
months from today i.e.
14.10.1992. S.D 1993 Page 150
643. Sh.P.No.24/L/1991 Section 59(2)(e) the judgment in the same subject Supreme Court
Muhammad Ashraf Cooperative Societies matter has already been passed upheld the
Vs. Act, 1925, section in S.P.No.30-I/1990 on judgment of FSC
Assistant Registrar 34(a) (b) C.P.C 14.11.1991 vide PLD 1992 page and dismissed
Industrial Cooperative challenged being 1. the appeal on 23-
Societies repugnant to 12-1999, PLD
injunctions of Islam 2000 SC Page-
225-770. Review
petition filed in
Supreme Court
and remanded
the cases to FSC
on 24-6-2002,
PLD 2002 SC
Page-800
.
644. S.P.No.24/K/1991 Interest Act, 1839, Dismissed on 2.2.1992 in limine Appeal not filed
Muhammad Khan etc. section 34, 34(a)(b) having become infructuous as the
Vs. CPC challenged being judgment on the same subject
ADBP etc. repugnant to matter has already been passed
injunctions of Islam in S.P.No.30-I/1990 on
14.11.1991 vide PLD 1992 page
1.
645. S.P.No.25/L/1991 Section 59(2)(e) the judgment in the same subject Supreme Court
Muhammad Iabal Naz Cooperative Societies matter has already been passed upheld the
Vs. Act, 1925, section in S.P.No.30-I/1990 on judgment of FSC
Secretary Cooperative 34(a) (b) C.P.C 14.11.1991 vide PLD 1992 page and dismissed
Societies, Govt. of challenged being 1. the appeal on 23-
Punjab, repugnant to 12-1999, PLD
injunctions of Islam 2000 SC Page-
123
225-770. Review
petition filed in
Supreme Court
and remanded
the cases to FSC
on 24-6-2002,
PLD 2002 SC
Page-800
.
646. S.P.No.25/K/1991 Interest Act, 1839, Dismissed on 2.2.1992 in limine Appeal not filed
Arbab Ali etc. section 34, 34(a)(b) having become infructuous as the
Vs. CPC challenged being judgment on the same subject
ADBP etc. repugnant to matter has already been passed
injunctions of Islam in S.P.No.30-I/1990 on
14.11.1991 vide PLD 1992 page
1.
647. S.P.No.26/I/1991 Section 79 & 80 of Detailed judgment the same Supreme Court
M/S Kashmir Fabrics Negotiable Instrument subject has already been passed upheld the
Vs. Act, 1881, section 34 & in S.P.No.30-I/1990 on judgment of FSC
M/S Habib Bank Ltd etc. rule 2 of Order 37 CPC, 14.11.1991 vide PLD 1992 page and dismissed
Banking Companies 1. the appeal on 23-
Ordinance, 1979, 12-1999, PLD
article 8 (2) (a) of 2000 SC Page-
Interest Act, 225-770. Review
1839/1849 regarding petition filed in
recovery of interest Supreme Court
challenged being and remanded
repugnant to the cases to FSC
injunctions of Islam on 24-6-2002,
PLD 2002 SC
Page-800
.
648. S.P.No.26/L/1991 Section 8(2) Banking Detailed the judgment in the Supreme Court
Ejaz-ul-Haq Companies (Recovery same subject has already been upheld the
Vs. of Loans) Ord., 1979, passed in S.P.No.30-I/1990 on judgment of FSC
Fed: of Pakistan Foreign Exchange 14.11.1991 vide PLD 1992 page and dismissed
Regulations, 1947, 1. the appeal on 23-
State Bank of Pakistan 12-1999, PLD
Act, 1956 challenged 2000 SC Page-
being repugnant to 225-770. Review
injunctions of Islam. petition filed in
Supreme Court
and remanded
the cases to FSC
on 24-6-2002,
PLD 2002 SC
Page-800
.
649. S.P.No.26/K/1991 Interest Act, 1839, Dismissed on 2.2.1992 in limine Appeal not filed
Muhammad Khan section 34, 34(a)(b) having become infructuous as the
Vs. CPC challenged being judgment on the same subject
ADBP etc repugnant to matter has already been passed
injunctions of Islam in S.P.No.30-I/1990 on
14.11.1991 vide PLD 1992 page
1.
650. S.P.No. 27/I/1991 Section 59(2)(e) of Detailed judgment the same Supreme Court
Muhammad Ashraf etc. Cooperative Societies subject has already been passed upheld the
Vs. Act, 1925 challenged in S.P.No.30-I/1990 on judgment of FSC
Industrial Assistant being repugnant to 14.11.1991 vide PLD 1992 page and dismissed
Registrar Cooperative injunctions of Islam 1. the appeal on 23-
Housing Societies etc. 12-1999, PLD
2000 SC Page-
225-770. Review
petition filed in
Supreme Court
and remanded
the cases to FSC
on 24-6-2002,
124
PLD 2002 SC
Page-800
.
651. Ss.P.No.27/L/1991 ADBP Ord: IV, 1961 Detailed on judgment in the same Supreme Court
Amanat Ali regardeing recovery of subject matter has already been upheld the
Vs. interest challenged passed in S.P.No.30-I/1990 on judgment of FSC
ADBP being repugnant to the 14.11.1991 vide PLD 1992 page and dismissed
injunctions of Islam. 1. the appeal on 23-
12-1999, PLD
2000 SC Page-
225-770. Review
petition filed in
Supreme Court
and remanded
the cases to FSC
on 24-6-2002,
PLD 2002 SC
Page-800
.
652. S.P.No.27/K/1991 Interest Act, 1839, Dismissed on 2.2.1992 in limine Appeal not filed
Arshad Ali etc. section 34, 34(a)(b) having become infructuous as the
Vs. CPC challenged being judgment on the same subject
ADBP etc. repugnant to matter has already been passed
injunctions of Islam in S.P.No.30-I/1990 on
14.11.1991 vide PLD 1992 page
1.
653. S.P.No.28/I/1991 Section 59(2)(e) of Detailed judgment on the same Supreme Court
Muhammad Iqbal Naz Cooperative Societies subject has already been passed upheld the
etc. Act, 1925 challenged in S.P.No.30-I/1990 on judgment of FSC
Vs. being repugnant to 14.11.1991 vide PLD 1992 page and dismissed
Govt. of Punjab etc. injunctions of Islam 1. the appeal on 23-
12-1999, PLD
2000 SC Page-
225-770. Review
petition filed in
Supreme Court
and remanded
the cases to FSC
on 24-6-2002,
PLD 2002 SC
Page-800
.
654. Sh.P.No.28/L/1991 Section 8(2) Banking Detailed on judgment in the same Supreme Court
Noor Ahmed Companies (Recovery subject has already been passed upheld the
Vs. of Loans) Ord., 1979, in S.P.No.30-I/1990 on judgment of FSC
Fed: of Pakistan challenged being 14.11.1991 vide PLD 1992 page and dismissed
repugnant to 1. the appeal on 23-
injunctions of Islam 12-1999, PLD
2000 SC Page-
225-770. Review
petition filed in
Supreme Court
and remanded
the cases to FSC
on 24-6-2002,
PLD 2002 SC
Page-800
.
655. S.P.No.28–K/1991 Section 6 of Banking Dismissed in limine on 9.2.1992 Appeal not filed
Mukhtar Hussain Tribunal Ord. 1984 with observation that the section
Vs. regarding charging pertains to an obligation incurred
Fed: of Pakistan etc. markup challenged by a customer. In the absence of
being repugnant to the use of the term ‘markup’ in
injunctions of Islam this section and the Court is
unable to hold that its provisions
are repugnant to the injunctions
of Islam, therefore, petition
having no merit in this petition.
125
656. Sh.P.No.29/I/1991 Rule 17 of ADBP Rules, Dismissed on 16.6.1991 being Appeal not filed
Nadeem-ul-Islam & 1961 challenged being incompetent as the Federation of
others repugnant to Pakistan has not been impleaded
Vs. injunctions of Islam. as a party.
ADBP
657. Sh.P.No.29/L/1991 Section 8(2) Banking Detailed on judgment in the sameSupreme Court
Faiz Ahmed etc. Companies (Recovery subject matter has already been upheld the
Vs. of Loans) Ord., 1979, passed in S.P.No.30-I/1990 on judgment of FSC
H.B.L challenged being 14.11.1991 vide PLD 1992 page and dismissed
repugnant to 1. the appeal on 23-
injunctions of Islam. 12-1999, PLD
2000 SC Page-
225-770. Review
petition filed in
Supreme Court
and remanded
the cases to FSC
on 24-6-2002,
PLD 2002 SC
Page-800
.
658. Sh.P.No.30/I/1991 Provisions 54 7 59(2) Detailed on judgment the same Supreme Court
Tariq Mehmood etc. (e) of Cooperative subject has already been passed upheld the
Vs. Societies Act, 1925 in S.P.No.30-I/1990 on judgment of FSC
Province of Punjab etc. challenged being 14.11.1991 vide PLD 1992 page and dismissed
repugnant to 1. the appeal on 23-
injunctions of Islam. 12-1999, PLD
2000 SC Page-
225-770. Review
petition filed in
Supreme Court
and remanded
the cases to FSC
on 24-6-2002,
PLD 2002 SC
Page-800
.
659. S.P.No.31/I/1991 Section 34 of CPC Detailed judgment on the same Supreme Court
Faiz Ahmed etc. regarding recovery of subject has already been passed upheld the
Vs. interest challenged in S.P.No.30-I/1990 on judgment of FSC
Habib Bank Ltd. etc. being repugnant to 14.11.1991 vide PLD 1992 page and dismissed
injunctions of Islam 1. the appeal on 23-
12-1999, PLD
2000 SC Page-
225-770. Review
petition filed in
Supreme Court
and remanded
the cases to FSC
on 24-6-2002,
PLD 2002 SC
Page-800
.
660. S.P.No.31/L/1991 Banking Recovery Act, Detailed judgment on the same Appeal has not
Ch: Sharif Ahmed 1979 regarding charge subject matter has already been filed.
Vs. of interest challenged passed in S.P.No.30-I/1990 on
The State etc. being repugnant to 14.11.1991 vide PLD 1992 page
injunctions of Islam 1.
661. Sh.P.No.32/I/1991 Interest Act, 1838 Detailed judgment on the same Supreme Court
Faiz Ahmed etc. regarding recovery of subject has already been passed upheld the
Vs. interest challenged in S.P.No.30-I/1990 on judgment of FSC
Habib Bank Ltd. etc. being repugnant to 14.11.1991 vide PLD 1992 page and dismissed
injunctions of Islam 1. the appeal on 23-
12-1999, PLD
2000 SC Page-
225-770. Review
petition filed in
Supreme Court
126
and remanded
the cases to FSC
on 24-6-2002,
PLD 2002 SC
Page-800
.
662. S.P.No.32/L/1991 Section 8(a) of Banking Disposed of on 9.6.1991 as same Appeal not filed
Muhammad Amin Companies (Recovery order in S.P No.14-I/1990.
Wattoo of Loans) Ord. 1979
Vs. challenged being
UBL etc. repugnant to
injunctions of Islam
663. Sh.P.No.33/I/1991 Section 79 & 80 of Detailed judgment on the same Supreme Court
Faiz Ahmed etc. Negotiable Instrument subject has already been passed upheld the
Vs. Act, 1881 challenged in S.P.No.30-I/1990 on judgment of FSC
Habib Bank Ltd. etc. being repugnant to 14.11.1991 vide PLD 1992 page and dismissed
injunctions of Islam 1. the appeal on 23-
12-1999, PLD
2000 SC Page-
225-770. Review
petition filed in
Supreme Court
and remanded
the cases to FSC
on 24-6-2002,
PLD 2002 SC
Page-800
.
664. S.P.No.33/L/1991 Section 25 of ADBP Detailed judgment on the same Supreme Court
Sardar Khan 1961 Rules 17 subject has already been passed upheld the
Vs. regarding recovery of in S.P.No.30-I/1990 on judgment of FSC
ADBP etc. interest challenged 14.11.1991 vide PLD 1992 page and dismissed
being repugnant to 1. the appeal on 23-
injunctions of Islam. 12-1999, PLD
2000 SC Page-
225-770. Review
petition filed in
Supreme Court
and remanded
the cases to FSC
on 24-6-2002,
PLD 2002 SC
Page-800
.
665. Sh.P.No.34/I/1991 Section 79 & 80 of Dismissed on 16.6.1991 as the Supreme Court
M/S Kashmir Fabric Negotiable Instrument Federation of Pakistan has not upheld the
Vs. Act, 1881, section 34 & been made as party in the judgment of FSC
Habib Bank Ltd. etc. rule 2 of Order 37 CPC petition. and dismissed
regarding recovery of the appeal on 23-
interest challenged 12-1999, PLD
being repugnant to 2000 SC Page-
injunctions of Islam. 225-770. Review
petition filed in
Supreme Court
and remanded
the cases to FSC
on 24-6-2002,
PLD 2002 SC
Page-800
.
666. Sh.P.No.34/L/1991 Section 25 of ADBP Detailed judgment on the same Supreme Court
Muhammad Nawaz 1961 Rules 17 subject has already been passed upheld the
Vs. regarding recovery of in S.P.No.30-I/1990 on judgment of FSC
ADBP interest challenged 14.11.1991 vide PLD 1992 page and dismissed
being repugnant to 1. the appeal on 23-
injunctions of Islam. 12-1999, PLD
2000 SC Page-
225-770. Review
127
petition filed in
Supreme Court
and remanded
the cases to FSC
on 24-6-2002,
PLD 2002 SC
Page-800
.
667. Sh.P.No.35/I/1991 Interest Act, Detailed judgment on the same Supreme Court
M/S Kashmir Fabric 1839/1949 regarding subject has already been passed upheld the
Vs. recovery of interest in S.P.No.30-I/1990 on judgment of FSC
Habib Bank Ltd. etc. challenged being 14.11.1991 vide PLD 1992 page and dismissed
repugnant to 1. the appeal on 23-
injunctions of Islam 12-1999, PLD
2000 SC Page-
225-770. Review
petition filed in
Supreme Court
and remanded
the cases to FSC
on 24-6-2002,
PLD 2002 SC
Page-800
.
668. Sh.P.No.35/L/1991 Provision of HBFC Act Dismissed on 16.6.1991 being Appeal not filed
Karam Elahi 1952 relating to incompetent
Vs. recovery/imposition of
HBFC etc. interest challenged
being repugnant to
injunctions of Islam.
669. Sh.P.No.36/I/1991 Section 8(2)(a) of Disposed of on 8.12.1991 as the Appeal not filed
Syed Musharaf Alam Banking Companies same subject matter has already
etc. (Recovery of Loans) been passed in S.P.No.30-I/1990
Vs. Ord. 1979 regarding on 14.11.1991 vide PLD 1992
H.B.L etc. recovery of interest page 1.
challenged being
repugnant to
injunctions of Islam.
670. Sh.P.No.36/L/1991 Section 25 of ADBP Detailed judgment on the same Supreme Court
Lal Din 1961 Rules 17 subject has already been passed upheld the
Vs. regarding recovery of in S.P.No.30-I/1990 on judgment of FSC
ADBP etc. interest challenged 14.11.1991 vide PLD 1992 page and dismissed
being repugnant to 1. the appeal on 23-
injunctions of Islam 12-1999, PLD
2000 SC Page-
225-770. Review
petition filed in
Supreme Court
and remanded
the cases to FSC
on 24-6-2002,
PLD 2002 SC
Page-800
.
671. Sh.P.No.37/I/1991 Section 34 of CPC Dismissed on 16.6.1991 being Appeal not filed
Syed Musharaf Alam regarding recovery of incompetent as the Federation of
etc. interest challenged Pakistan has not been impleaded
Vs. being repugnant to as a party.
H.B.L etc. injunctions of Islam.
672. Sh.P.No.37/L/1991 Sections 2(9),13,24,27, Dismissed being infructuous vide Appeal not filed
Haji Rana Muhammad 28,29,30 & 34 of order dated 17.10.1991
Shabbir Ahmed Khan Punjab Pre emption
Vs. Act, 1991
Governement of
Pakistan
673. Sh.P.No.38/I/1991 Section 2(k) of CDA Allowed on 23.2.1992. The Appeal filed in
Syed Nazir Ali Shah etc. Ordinance, 1960 Hon’ble Court held that section the Hon’ble
Vs. regarding acquition of 2(k) of the CDA, 1960 is Supreme Court
128
C.D.A private land without extremely arbitrary for the of Pakistan and
assessing market value reason that the ‘market value’ dismissing as not
Linked with challenged being should have relation to the value pressed dated 6-
repugnant to prevailing at the time of 10-2004.
S.S.M.No.142/1982 injunctions of Islam. acquisition and not any notional
value fixed in relation to the time
when even question of
acquisition did not arise and
declared as repugnant to the Holy
Quran and Sunnah and keeping in
view the tradition of the Holy
Prophet (P.B.U.H) stated in Para
22 of the judgment.PLD 1992 FSC
Page 361
674. Sh.P.No.38/L/1991 National Industrial Disposed of as withdrawn vide Appeal not filed
Muhammad Tariq etc. Cooperative Societies order dated 4.6.1991.
Vs. Act and the laws
Govt. of Punjab relating to recovery of
interest being
repugnant to
injunctions of Islam.
675. Sh.P.No.39/I/1991 Rule 17 of ADBP Rules, Detailed judgment on the same Supreme Court
Amir Alam Nutkani Vs. 1961 regarding subject has already been passed upheld the
Govt. of Pakistan recovery of interest in S.P.No.30-I/1990 on judgment of FSC
regarding recovery of 14.11.1991 vide PLD 1992 page and dismissed
interest challenged 1. the appeal on 23-
being repugnant to 12-1999, PLD
injunctions of Islam. 2000 SC Page-
225-770. Review
petition filed in
Supreme Court
and remanded
the cases to FSC
on 24-6-2002,
PLD 2002 SC
Page-800
.
676. Sh.P.No.39/L/1991 ADBP Rules 1961 and Detailed judgment on the same Supreme Court
Mumtaz Ali alias Mabba Banking Companies subject has already been passed upheld the
Vs. (Recovery of Loans) in S.P.No.30-I/1990 on judgment of FSC
ADBP etc. Ordinance, 1979 14.11.1991 vide PLD 1992 page and dismissed
regarding recovery of 1. the appeal on 23-
interest challenged 12-1999, PLD
being repugnant to 2000 SC Page-
injunctions of Islam. 225-770. Review
petition filed in
Supreme Court
and remanded
the cases to FSC
on 24-6-2002,
PLD 2002 SC
Page-800
.
677. S.P.No.40/I/1991 Sections 2(8), 20 (b) & Dismissed being incompetent / Appeal not filed
Dr. Mehmood-ur- 29, 9 to13, infructuous as the ordinance in
Rehman Faisal 15,17,18,20,23,26, question has already been
Vs. 30,39,41,50(2) & 2(a), repealed vide Order dated
Federation of Pakistan 53, 87,88,89,98,103 & 6.6.2007.
etc. 141 of Income Tax Ord.
1979 of the 1st
Schedule regarding
imposition of income
tax challenged being
repugnant to
injunctions of Islam.
678. Sh.P.No.40/L/1991 Sections 2(6) (8) of Dismissed as withdrawn on Appeal not filed
Naymat Ali HBFC Act XVIII, 1952 2.7.1991.
Vs. and section 34, 34(a)
129
681. Sh.P.No.42/I/1991 Section 79, 80 of Detailed judgment on the same Appeal not filed
Muhammad Hashim Negotiable Instrument subject has already been passed
Vs. Act, section 34, 34(a) in S.P.No.30-I/1990 on
National Bank of of CPC challenged 14.11.1991 vide PLD 1992 page
Pakistan etc. being repugnant to 1.
injunctions of Islam.
682. Sh.P.No.42/L/1991 Section 8(2) of the Detailed judgment on the same Supreme Court
Malik Munir Ahmed Banking Companies subject has already been passed upheld the
Vs. (Recovery of Loans) in S.P.No.30-I/1990 on judgment of FSC
Fed: of Pakistan etc. Ord., 1979 challenged 14.11.1991 vide PLD 1992 page and dismissed
being repugnant to 1. the appeal on 23-
injunctions of Islam. 12-1999, PLD
2000 SC Page-
225-770. Review
petition filed in
Supreme Court
and remanded
the cases to FSC
on 24-6-2002,
PLD 2002 SC
Page-800
.
683. S.P.No.43/I/1991 Section 8(2) of Banking Detailed judgment on the same Supreme Court
Bashir Ahmed Companies (Recovery subject has already been passed upheld the
Vs. of Loans) Ordinance, in S.P.No.30-I/1990 on judgment of FSC
M.C.B Ltd. etc. 1979 regarding 14.11.1991 vide PLD 1992 page and dismissed
recovery of interest 1. the appeal on 23-
challenged being 12-1999, PLD
repugnant to 2000 SC Page-
injunctions of Islam 225-770. Review
petition filed in
Supreme Court
and remanded
the cases to FSC
on 24-6-2002,
PLD 2002 SC
Page-800
.
684. Sh.P.No.43/L/1991 No provision of law Dismissed being incompetent Appeal not filed
Bashir Ahmed specifically challenged vides order 16.6.1991.
130
691. S.P.No.47/I/1991 Rule 17 of ADBP Rules Detailed judgment on the same Supreme Court
Farman Ali Shah 1961 regarding subject has already been passed upheld the
Vs. recovery of interest in S.P.No.30-I/1990 on judgment of FSC
ADBP etc. challenged being 14.11.1991 vide PLD 1992 page and dismissed
repugnant to 1. the appeal on 23-
injunctions of Islam 12-1999, PLD
2000 SC Page-
225-770. Review
petition filed in
Supreme Court
and remanded
the cases to FSC
on 24-6-2002,
PLD 2002 SC
Page-800
.
692. Sh.P.No.47/L/1991 Section 10 of XXVII, Dismissed as withdrawn on Appeal not filed
Mst. Noor Bakhat HBFC Act, 1956 2.7.1991.
Vs. regarding recovery of
HBFC etc. interest challenged
being repugnant to
injunctions of Islam.
693. Sh.P.No.48/I/1991 Rule 17 of ADBP Rules Detailed judgment on the same Supreme Court
Zafar Hayat Khan Bosal 1961 regarding subject has already been passed upheld the
Vs. recovery of interest in S.P.No.30-I/1990 on judgment of FSC
ADBP M. Bahauddin challenged being 14.11.1991 vide PLD 1992 page and dismissed
repugnant to 1. the appeal on 23-
injunctions of Islam. 12-1999, PLD
2000 SC Page-
225-770. Review
petition filed in
Supreme Court
and remanded
the cases to FSC
on 24-6-2002,
PLD 2002 SC
Page-800
.
694. Sh.P.No.48/L/1991 Section 28, Chapter 48 Detailed judgment on the same Supreme Court
Mst. Noor Bakhat of Interest Act, 1939 subject has already been passed upheld the
Vs. regarding recovery of in S.P.No.30-I/1990 on judgment of FSC
HBFC etc. interest challenged 14.11.1991 vide PLD 1992 page and dismissed
being repugnant to the 1. the appeal on 23-
injunctions of Islam. 12-1999, PLD
2000 SC Page-
225-770. Review
petition filed in
Supreme Court
and remanded
the cases to FSC
on 24-6-2002,
PLD 2002 SC
Page-800
.
695. Sh.P.No.49/I/1991 Rule No.7(1) of Dismissed on 19.5.1992 with Appeal not filed
Razia Begum Notification No.(RM- observation that the petition
Vs. 96) dated 3-5-1990 misconceived and not
Govt. of Pakistan & issued by the Quaid-e- maintainable as well as the law in
Quaid-e-Azam Azam University question does not come in
University regarding policy of conflict with the injunctions of
allotment of residential Islam.
accommodations of the
University challenged
being repugnant to
injunctions of Islam.
696. Sh.P.No.49/L/1991 Section 8(2) of Banking Detailed judgment on the same Appeal not filed
M/S Haji & sons Companies (Recovery subject has already been passed
Vs. of Loans) Ord. 1979 in S.P.No.30-I/1990 on
132
UBL Ltd. etc challenged being 14.11.1991 vide PLD 1992 page
repugnant to 1.
injunctions of Islam.
697. Sh.P.No.50/I/1991 Section 8(2) of Banking Detailed judgment on the same Supreme Court
Karamatullah Sheikh Companies (Recovery subject has already been passed upheld the
Vs. of Loans) Ordinance, in S.P.No.30-I/1990 on judgment of FSC
Fed: of Pakistan 1979 regarding 14.11.1991 vide PLD 1992 page and dismissed
recovery of interest 1. the appeal on 23-
challenged being 12-1999, PLD
repugnant to 2000 SC Page-
injunctions of Islam. 225-770. Review
petition filed in
Supreme Court
and remanded
the cases to FSC
on 24-6-2002,
PLD 2002 SC
Page-800
.
698. S.P.No.50/L/1991 In these connected The Court has allowed the Supreme Court
Ch.M.Saddique Shariat Petitions a petition on 14-11-1991 and of Pakistan
Vs. number of provisions directed that nessary detections upheld the
HBFC etc of House Building and amendments be made in judgment of FSC
Linked with Finance Corporation, section 4(2), 21(2), 24(11,12), and dimissed the
Sh.P.No.14/L/1991 Act 1952 have been 24(2) and 30(1)(C) by 30th June appeal on
Linked with challenged as 1992 so as to bring them in 23-12-1999
S.P.No.59-I-1991 repugnant to the comferty with the injunctions of PLD 2000,
Linked with Injunctions of Islam. Islam as laid down in the Holy SC.Page 760.
S.P.No.83-L-1991 Quran and Sunnah. PLD 1992 FSC
Linked with Page 501
S.P.No.86-L-1991
S.P.No.87-L-1991
S.P.No.88-L-1991
Linked with
S.P.No.94-L-1991
Linked with
S.P.No.100-L-1991
699. Sh.P.No.51/I/1991 Section 2(k)(l), 10, 16 Detailed judgment on the same Supreme Court
Muhammad Iqbal 7 20 of West Pakistan subject has already been passed upheld the
Vs. Money Lenders Ord. in S.P.No.30-I/1990 on judgment of FSC
Govt. of Punjab 1960 Rule 27 of 14.11.1991 vide PLD 1992 page and dismissed
Pakistan Money 1. the appeal on 23-
Lenders Rules, 1965 12-1999, PLD
regarding charge / 2000 SC Page-
recovery of interest 225-770. Review
challenged being petition filed in
repugnant to Supreme Court
injunctions of Islam and remanded
the cases to FSC
on 24-6-2002,
PLD 2002 SC
Page-800
.
700. Sh.P.No.51/L/1991 Section 3 of Crown Dismissed for want of jurisdiction Appeal not filed
Muhammad Rafiq Grants Act (XV) of vide order dated 25.8.1991
Vs. 1895 r/w condition 4
Federal Govt. of of Gazetteer of Hisar
Pakistan District, 1892
challenged being
repugnant to
injunctions of Islam
701. Sh.P.No.52/I/1991 Explanation (4) below Dismissed having no repugnancy PLD-1993. Sc-
Ch: Irshad Ahmed class (d) of Rule 2 of to the injunctions of Islam on 464.
Vs. Federal Service 11.5.1992.
Fed: of Pakistan Medical Attendance PLD 1992-FSC, Page 527.
Rule, 1990 (in case of
more than one wife, the
133
wife nominated by
Govt. servant to receive
medical attendance
and treatment will be
entitled to it)
challenged being
repugnant to
injunctions of Islam.
702. Sh.P.No.52/L/1991 Section 25 of Banking The Hon’ble Court has already Appeal not filed
Hashmat Company Ord., 1962 considered the said provisions of
Vs. regarding recovery of law and held it to be repugnant to
ADBP Ltd. interest challenged the injunctions of Islam vide
being repugnant to judgment dated 14.11.1991 in
injunctions of Islam. S.P.No.18-I/1990.
703. Sh.P.No.53/L/1991 Section 2(a) of Punjab Petition dismissed as similar Appeal not filed
M. Jan Muhammad Pre emption Act, 1991 decision of Full Bench of this
Vs. challenged being Court on several provision of
Govt. of Punjab repugnant to Punjab Pre emption Act, 1991
injunctions of Islam. including section 2(a) was
announced on 30.5.1991. This
decision was also published in
PLD 1991 FSC 80 (July part).
704. Sh.P.No.54/I/1991 Rule 17 of ADBP, Rules, Detailed judgment on the same Supreme Court
Ghous Bux 1961 regarding subject has already been passed upheld the
Vs. recovery of interest in S.P.No.30-I/1990 on judgment of FSC
Federal Govt. of challenged being 14.11.1991 vide PLD 1992 page and dismissed
Pakistan repugnant to 1. the appeal on 23-
injunctions of Islam 12-1999, PLD
2000 SC Page-
225-770. Review
petition filed in
Supreme Court
and remanded
the cases to FSC
on 24-6-2002,
PLD 2002 SC
Page-800
.
705. Sh.P.No.54/L/1991 Sections 2(j), 4, 5, 5(1), The Petition was dismissed as Appeal not filed
Muhammad Naeem 7, 8, 12(2) & 18 of W.P Hon’ble Court did not find in the
Virk Shops & Establishment impugned being repugnant to the
Vs. 1969 challenged being injunctions of Islam vide order
Govt. of Pakistan etc. repugnant to dated 12.2.1992.
injunctions of Islam.
706. Sh.P.No.55/I/1991 Finance Act No. XII of Petition was dismissed in limine Appeal not filed
Dr. Mehmood-ur- 1991 regarding on 10.2.1992 as was not
Rehman Faisal transaction/ properly filed.
Vs. involvement of interest
Federal Govt. of in Banks challenged
Pakistan being repugnant to
injunctions of Islam.
707. Sh.P.No.55/L/1991 Sections 2(6) of The petitioner was asked to file a Appeal not filed
Muhammad Naeem Employees Old Age fresh petition specifying
Virk Benefit Act, 1976 accurately the provisions of law
Vs. challenged being was challenged vide order dated
Govt. of Pakistan etc. repugnant to 7.8.1991.
injunctions of Islam.
708. Sh.P.No.56/I/1991 Interest Act, 1839 Detailed judgment on the same Supreme Court
M/S Kashmir Fabrics regarding recovery of subject has already been passed upheld the
Vs. interest challenged in S.P.No.30-I/1990 on judgment of FSC
Federal Govt. of being repugnant to 14.11.1991 vide PLD 1992 page and dismissed
Pakistan injunctions of Islam. 1. the appeal on 23-
12-1999, PLD
2000 SC Page-
225-770. Review
petition filed in
Supreme Court
134
and remanded
the cases to FSC
on 24-6-2002,
PLD 2002 SC
Page-800
.
709. Sh.P.No.56/L/1991 Section 2(vi), section 6 Dismissed. Appeal not filed
Muhammad Naeem & 7(2) (I) of the The Hon’ble Court has observed
Virk Payment of Wages Act, that this section of the Act as well
Vs. 1936. did not appear to be repugnant to
Govt. of Pakistan etc. injunctions of Islam vide Court’s
order dated 12.2.1992.
710. Sh.P.No.57/I/1991 34 Order 37 Rule 2 of Detailed judgment on the same Appeal has not
M/S Kashmir Fabrics C.P.C regarding subject has already been passed filed.
Vs. recovery of interest in S.P.No.30-I/1990 on
Federal Govt. of challenged being 14.11.1991 vide PLD 1992 page
Pakistan repugnant to 1.
injunctions of Islam.
711. Sh.P.No.57/L/1991 Section 2(f) of the The Hon’ble Court has observed Appeal not filed
Muhammad Naeem Companies Profits that there is nothing to be
Virk (Workers & considered repugnant to
Vs. Participation) Act, injunctions of Islam. Dismissed in
Govt. of Pakistan etc. 1968 and section 4(a) limine vide Court’s order dated
of the Schedule 12.2.1992.
challenged being
repugnant to
injunctions of Islam.
712. Sh.P.No.58/I/1991 Banking Ordinance Detailed judgment on the same Supreme Court
M/S Saqib Brothers Article 8(2) r/w Article subject has already been passed upheld the
through Haji Sheikh 2(a) (iii) of the in S.P.No.30-I/1990 on judgment of FSC
Karamat Ali subjective Resolution 14.11.1991 vide PLD 1992 page and dismissed
Vs. challenged regarding 1. the appeal on 23-
Federation of Pakistan recovery of interest 12-1999, PLD
being repugnant to 2000 SC Page-
injunctions of Islam. 225-770. Review
petition filed in
Supreme Court
and remanded
the cases to FSC
on 24-6-2002,
PLD 2002 SC
Page-800
.
713. Sh.P.No.58/L/1991 Section 2(1) of West The petition was returned and Appeal not filed
Muhammad Naeem Pakistan Industrial petitioner was directed to file a
Virk Commercial fresh petition defining the words
Vs. Employment Standing ‘Workers or Labour’ vide Court’s
Govt. of Pakistan etc. Order, 1968, Industrial order dated 7.8.1991
Relations Ord., 1969,
Industrial Welfare Ord.,
1989, Order 1(c),10(c)
(1),15,4 & (5)
challenged being
repugnant to
injunctions of Islam.
714. S.P.No.59/I/1991 In these connected The Court has allowed the Supreme Court
Mst.Miro Jana Shariat Petitions a petition on 14-11-1991 and of Pakistan
Vs. number of provisions directed that nessary detections upheld the
Federation of Pakistan of House Building and amendments be made in judgment of FSC
Linked with Finance Corporation, section 4(2), 21(2), 24(11,12), and dimissed the
S.P.No.14-L-1991 Act 1952 have been 24(2) and 30(1)(C) by 30th June appeal on 23-12-
Linked with challenged as 1992 so as to bring them in 1999
S.P.No.50-L-1991 repugnant to the comferty with the injunctions of PLD 2000,
Linked with Injunctions of Islam. Islam as laid down in the Holy SC.Page 760.
S.P.No.83-L-1991 Quran and Sunnah. PLD 1992 FSC
Linked with Page 501.
S.P.No.86-L-1991
S.P.No.87-L-1991
135
S.P.No.88-L-1991
Linked with
S.P.No.94-L-1991
Linked with
S.P.No.100-L-1991
715. Sh.P.No.59/L/1991 Section 2(viii), 3, 7(2) The Hon’ble Court held that there Appeal not filed
Muhammad Naeem (6) (d), 25(a), 35(3) appears nothing against the
Virk and 38 of the Industrial injunctions of Islam in the
Vs. Relations Ord., 1969 provisions. Dismissed in limine
Government of Pakistan challenged being vide Court’s order dated
etc. repugnant to 12.2.1992
injunctions of Islam.
716. Sh.P.No.60/I/1991 Sections Partially allowed to the extent Appeal not filed
Habib Wahab-ul-Khairi 292,293,294,294 (a)(b) that the phrase to the annoyance
Vs. of PPC sale / of others occurring in section 294
Federation of Pakistan purchase/import/ PPC is repugnant to injunction of
export of obscene Islam vide judgment dated
books/material etc. 7.5.1992.PLD 1992 FSC Page 484
challenged being
repugnant to
injunctions of Islam.
717. Sh.P.No.60/L/1991 ADBP Rule 17 of Rules Judgment reserved on Supreme Court
Muhammad Akram Virk of 1961 regarding 14.10.1991. The detailed upheld the
Vs. recovery of interest judgment is not placed in filed. judgment of FSC
President of Pakistan challenged being However, the judgment in the and dismissed
etc. repugnant to same subject matter has already the appeal on 23-
injunctions of Islam been passed in S.P.No.30-I/1990 12-1999, PLD
on 14.11.1991 vide PLD 1992 2000 SC Page-
page 1. 225-770. Review
petition filed in
Supreme Court
and remanded
the cases to FSC
on 24-6-2002,
PLD 2002 SC
Page-800
.
718. Sh.P.No.61/I/1991 Section 49 of Land Dismissed on merit as observed Appeal not field
Bahramand Revenue Act, 1967 by Hon’ble Court that petitioner
Vs. regarding taking has come out with his personal
Govt. of NWFP. custody of mines and grievance & therefore his petition
Linked With minerals which is does not fall within the ambtit of
Sh.P.No.1/P/1996 property of an section vide court order dated
Linked With individual by 23.1.2008
Sh.P.No.1/L/1993 government challenged
being repugnant to
injunctions of Islam.
719. Sh.P.No.61/L/1991 Recovery of loan Petition returned to petitioner Appeal not filed
Muhammad Khan Vs. interest challenged and he was asked to file a fresh
ADBP etc. being repugnant to petition specifying the provisions
injunctions of Islam. of law vide order dated 11.7.1991
720. Sh.P.No.62/I/1991 Section 5 to 8 of Law Dismissed on 2.11.1992 with Appeal filed in
Dr. Abdul Malik Irfani Report Act, 1875 r/w observation that the versus of the Hon’ble
Vs. Law Report Holy Quran relied and quoted by Supreme Court
Fed: of Pakistan Amendment Act, 1989 the petitioner indeed are not of Pakistan and
challenged being relevant for declaring the dismissed on
repugnant to impugned sections to be against 9.3.1999.
injunctions of Islam. the injunctions of Islam.NLR
1993, SD 231(2)
721. Sh.P.No.62/L/1991 Section 19 of ADBP Detailed judgment on the same Supreme Court
Nawab Masroor Ali Ord., 1961 r/w Rule subject has already been passed upheld the
Khan XVII sub rule (2) of in S.P.No.30-I/1990 on judgment of FSC
Vs. ADBP Rules, 1961 14.11.1991 vide PLD 1992 page and dismissed
ADBP etc. regarding recovery of 1. the appeal on 23-
interest challenged 12-1999, PLD
being repugnant to 2000 SC Page-
136
on 24-6-2002,
PLD 2002 SC
Page-800
.
727. Sh.P.No.65/L/1991 Section 99 of Dismissed as withdrawn on Appeal not filed
Maqbool Ahmed Representation of 18.8.1991.
Qureshi Peoples Act, 1976
Vs. challenged being
Islamic Republic of repugnant to
Pakistan injunctions of Islam.
728. S.P.No.66/I/1991 Section 3(2)(5) & 20 of Detailed judgment on the same Supreme Court
Mukhtar Ahmed Farani NWFP Money Lenders subject has already been passed upheld the
Vs. Ord. 1960 regarding in S.P.No.30-I/1990 on judgment of FSC
Govt. of NWFP charging interest 14.11.1991 vide PLD 1992 page and dismissed
challenged being 1. the appeal on 23-
repugnant to 12-1999, PLD
injunctions of Islam. 2000 SC Page-
225-770. Review
petition filed in
Supreme Court
and remanded
the cases to FSC
on 24-6-2002,
PLD 2002 SC
Page-800
.
729. Sh.P.No.66/L/1991 Section 8(2) Banking Detailed judgment on the same Supreme Court
Muhammad Akhtar Companies (Recovery subject has already been passed upheld the
Khan of Loans) Ord., 1979 in S.P.No.30-I/1990 on judgment of FSC
Vs. regarding recovery of 14.11.1991 vide PLD 1992 page and dismissed
HBFC & others interest, section 34 & 1. the appeal on 23-
order XXXVII c 12-1999, PLD
CPC, section 79 & 80 of 2000 SC Page-
Negotiable Instrument 225-770. Review
Act, Interest Act, 1839, petition filed in
section 30 of HBFC Act Supreme Court
XVIII, 1952 challenged and remanded
being repugnant to the cases to FSC
injunctions of Islam on 24-6-2002,
PLD 2002 SC
Page-800
.
730. S.P.No.67/I/1991 Section 3(2)(5) & 20 of Detailed judgment on the same Supreme Court
Mukhtar Ahmed Farani Punjab Money Lenders subject has already been passed upheld the
Vs. Ord. 1960 regarding in S.P.No.30-I/1990 on judgment of FSC
Govt. of Punjab charging interest 14.11.1991 vide PLD 1992 page and dismissed
challenged being 1. the appeal on 23-
repugnant to 12-1999, PLD
injunctions of Islam 2000 SC Page-
225-770. Review
petition filed in
Supreme Court
and remanded
the cases to FSC
on 24-6-2002,
PLD 2002 SC
Page-800
.
731. S.P.No.67/L/1991 Section 8(2)(a) of Detailed judgment on the same Supreme Court
Naveed Asif Banking Companies subject has already been passed upheld the
Vs. (Recovery of Loans) in S.P.No.30-I/1990 on judgment of FSC
A.B.L Ltd 1979 regarding 14.11.1991 vide PLD 1992 page and dismissed
recovery of interest 1. the appeal on 23-
challenged being 12-1999, PLD
repugnant to 2000 SC Page-
injunctions of Islam 225-770. Review
petition filed in
Supreme Court
138
and remanded
the cases to FSC
on 24-6-2002,
PLD 2002 SC
Page-800
.
732. S.P.No.68/I/1991 Section 19 of ADBP Detailed judgment on the same Supreme Court
Malik Bashir Ahmed Ord. 1961 r/w Rule subject has already been passed upheld the
Awan XVII sub rule (1) of in S.P.No.30-I/1990 on judgment of FSC
Vs. ADBP Rules 1961 14.11.1991 vide PLD 1992 page and dismissed
Chairman ADBP etc. regarding recovery of 1. the appeal on 23-
interest challenged 12-1999, PLD
being repugnant to 2000 SC Page-
injunctions of Islam 225-770. Review
petition filed in
Supreme Court
and remanded
the cases to FSC
on 24-6-2002,
PLD 2002 SC
Page-800
.
733. S.P.No.68/L/1991 Interest Act, 1939 Detailed judgment on the same Supreme Court
Naveed Asif regarding recovery of subject has already been passed upheld the
Vs. interest challenged in S.P.No.30-I/1990 on judgment of FSC
A.B.L Ltd being repugnant to 14.11.1991 vide PLD 1992 page and dismissed
injunctions of Islam 1. the appeal on 23-
12-1999, PLD
2000 SC Page-
225-770. Review
petition filed in
Supreme Court
and remanded
the cases to FSC
on 24-6-2002,
PLD 2002 SC
Page-800
.
734. S.P.No.69/I/1991 Rule 17 of ADBP Rule, Detailed judgment on the same Supreme Court
Mehmood Arshad Khan 1961 regarding subject has already been passed upheld the
Vs. recovery of interest in S.P.No.30-I/1990 on judgment of FSC
Govt. of Pakistan etc. challenged being 14.11.1991 vide PLD 1992 page and dismissed
repugnant to 1. the appeal on 23-
injunctions of Islam. 12-1999, PLD
2000 SC Page-
225-770. Review
petition filed in
Supreme Court
and remanded
the cases to FSC
on 24-6-2002,
PLD 2002 SC
Page-800
.
735. S.P.No.69/L/1991 Section 78 and 80 of Detailed judgment on the same Supreme Court
Naveed Asif Negotiable Instrument subject has already been passed upheld the
Vs. Act, 1881 regarding in S.P.No.30-I/1990 on judgment of FSC
A.B.L Ltd recovery of interest 14.11.1991 vide PLD 1992 page and dismissed
challenged being 1. the appeal on 23-
repugnant to 12-1999, PLD
injunctions of Islam. 2000 SC Page-
225-770. Review
petition filed in
Supreme Court
and remanded
the cases to FSC
on 24-6-2002,
PLD 2002 SC
139
Page-800
.
736. S.P.No.70/I/1991 Section 24(8) of HBFC Dismissed being infructuous on Appeal not filed
Muzaffar Ali Qureshi Act, 1952 challenged 13.10.1991 as the relevant law
Vs. being repugnant to has been amended in 1979.
HBFC etc. injunctions of Islam.
737. Sh.P.No.70/L/1991 Section 79 & 80 of Detailed judgment on the same Supreme Court
M/S Alcos etc Negotiable Instrument subject has already been passed
upheld the
Vs. Act, 1881 regarding in S.P.No.30-I/1990 on
judgment of FSC
N.P.B recovery of interest 14.11.1991 vide PLD 1992 page and dismissed
challenged being 1. the appeal on 23-
repugnant to 12-1999, PLD
injunctions of Islam. 2000 SC Page-
225-770. Review
petition filed in
Supreme Court
and remanded
the cases to FSC
on 24-6-2002,
PLD 2002 SC
Page-800
.
738. Sh.P.No.71/I/1991 Circular 603-22-RCS Disposed of as withdrawn vide Appeal not filed
Gulzar Ahmed Khan Vs. dated 13.2.1979 & Court order dated 3.11.1991.
Province of Punjab etc. Circular RCS/B/C-
4069-5018 dated
15.12.1970 issued
under the Cooperative
Societies & Cooperative
Banks (Repayment of
Loans) Ord. XIV of
1966 regarding
provision relating to
interest challenged
being repugnant to
injunctions of Islam.
739. Sh.P.No.71/L/1991 Interest Act, 1839 Detailed judgment on the same Supreme Court
M/S Alcos etc regarding recovery of subject has already been passed
upheld the
Vs. interest challenged in S.P.No.30-I/1990 on
judgment of FSC
N.B.P being repugnant to 14.11.1991 vide PLD 1992 page and dismissed
injunctions of Islam. 1. the appeal on 23-
12-1999, PLD
2000 SC Page-
225-770. Review
petition filed in
Supreme Court
and remanded
the cases to FSC
on 24-6-2002,
PLD 2002 SC
Page-800
.
740. Sh.P.No.72/I/1991 Circular 603-22-RCS Disposed of as withdrawn vide Appeal not filed
Ch: Sarwar Hayat etc. dated 13.2.1979 & Court order dated 3.11.1991.
Vs. Circular RCS/B/C-
Province of Punjab etc. 4069-5018 dated
15.12.1970 issued
under the Cooperative
Societies & Cooperative
Banks (Repayment of
Loans) Ord. XIV of
1966 regarding
provision relating to
interest challenged
being repugnant to
injunctions of Islam
741. S.P.No.72/L/1991 Section 34, 34(a)(b) The judgment in the same subject Supreme Court
M/S Alcos etc C.P.C regarding matter has already been passed upheld the
140
2000 SC Page-
225-770. Review
petition filed in
Supreme Court
and remanded
the cases to FSC
on 24-6-2002,
PLD 2002 SC
Page-800
.
746. S.P.No.75/I/1991 Section 13 of the Disposed of as this petition has Appeal not filed
Syed Afzal Haider Vs. Special Courts for become infructuous on
Federation of Pakistan Speedy Trial Ord. XXV, 26.10.2000.
1991 challenged being
repugnant to
injunctions of Islam.
747. Sh.P.No.75/L/1991 Provision of the Petition returned being Appeal not filed
Rao Muhammad Yasin enforcement of Sharia incompetent vide Court order
Khan Act, 1991 challenged dated 17.7.1991
Vs. being repugnant to
ADBP injunctions of Islam
748. S.P.No.76/I/1991 Section 337 & 338 Petition was dismissed in limine Appeal not filed
Muhammad Shafi Cr.P.C with the being not maintainable and
Muhammadi definition of Harabah challenging no provision of law
Vs. (opinion passed in vide Court order dated 20.4.1992.
Fed: of Pakistan judgment dated
23.10.1991 passed by
High Court of Sindh)
challenged being
repugnant to
injunctions of Islam.
749. Sh.P.No.76/L/1991 Section 8(2)(a) of the Detailed judgment on the same Appeal not filed
Abdul Rashid etc. Vs. Banking Companies subject has already been passed
UBL etc. (Recovery of Loans) in S.P.No.30-I/1990 on
Ord. challenged being 14.11.1991 vide PLD 1992 page
repugnant to 1.
injunctions of Islam.
750. Sh.P.No.77/I/1991 Section 59 of Disposed of 15.12.1991 as the Appeal has not
Gulzar Ahmed Cooperative Societies judgment in the same subject the Hon’ble
Vs. Act, 1925 regarding matter has already been passed Supreme Court
Province of Punjab recovery of interest in S.P.No.30-I/1990 on of Pakistan.
challenged being 14.11.1991 vide PLD 1992 page
repugnant to 1.
injunctions of Islam.
751. Sh.P.No.77/L/1991 No specific provision of Petition returned to petitioner Appeal not filed
Malik Muhammad HBFC, regarding vide Court order dated 7.8.1991
Aslam recovery of interest,
Vs. has been challenged
District Manager HBFC being repugnant to
etc. injunctions of Islam.
752. Sh.P.No.78/I/1991 Rule 71(2) (m) (ee) of Disposed of 22.6.1992 as the Supreme Court
Gulzar Ahmed the Cooperative judgment in the same subject upheld the
Vs. Societies Act, 1925 matter has already been passed judgment of FSC
Province of Punjab regarding recovery of in S.P.No.30-I/1990 on and dismissed
interest challenged 14.11.1991 vide PLD 1992 page the appeal on 23-
being repugnant to 1. 12-1999, PLD
injunctions of Islam. 2000 SC Page-
225-770. Review
petition filed in
Supreme Court
and remanded
the cases to FSC
on 24-6-2002,
PLD 2002 SC
Page-800
.
753. Sh.P.No.78/L/1991 Section 8 of the Petition dismissed being non- Supreme Court
142
757. Sh.P.No.80/L/1991 Shariah Act, 1991 Dismissed being incompetent Appeal not filed
Talib Hussain challenged being vide Court order dated
Vs. repugnant to 12.12.1991.
Mercantile Cooperative injunctions of Islam.
Finance Corp. Ltd etc.
758. S.P.No.81/I/1991 Section 59 of Disposed of 15.12.1991 as the Supreme Court
Ch: Sarwar Hayat Vs. Cooperative Societies judgment in the same subject upheld the
Province of Punjab & Act, 1925 regarding matter has already been passed judgment of FSC
others recovery of interest in S.P.No.30-I/1990 on and dismissed
challenged being 14.11.1991 vide PLD 1992 page the appeal on 23-
repugnant to 1. 12-1999, PLD
injunctions of Islam. 2000 SC Page-
143
225-770. Review
petition filed in
Supreme Court
and remanded
the cases to FSC
on 24-6-2002,
PLD 2002 SC
Page-800
.
759. Sh.P.No.81/L/1991 Section 8(2) Banking Disposed on 16.12.1991. Supreme Court
Ghulam Abbas etc. Vs. Company (Recovery of However, the judgment in the upheld the
Manager ADBP etc. Loans) 1979, section same subject matter has already judgment of FSC
79 & 80 of Negotiable been passed in S.P.No.30-I/1990 and dismissed
Instrument Act, section on 14.11.1991 vide PLD 1992 the appeal on 23-
34, 24(a)(b) C.P.C and page 1. 12-1999, PLD
Interest Act, 1839 2000 SC Page-
regarding recovery of 225-770. Review
interest challenged petition filed in
being repugnant to Supreme Court
injunctions of Islam. and remanded
the cases to FSC
on 24-6-2002,
PLD 2002 SC
Page-800
.
760. Sh.P.No.82/I/1991 Article No. 3(6) of the Allowed. The Court has declared Appeal has not
Ch. Sarwar Hayat Bye-Laws of National (To draw interest thereon) filed.
Vs Industrial Co-operative repugnant to Injunction of Islam.
Province of Punjab. Finance Corporation The concerned authority is
Linked with Limited may please be directed to suitably amend the
Sh.P.No.1/L/1992 examined and declared said provision of law within six
Linked with to be repugnant to the months. Failing which it shall
Sh.P.No.80/I/1991 Injunctions of Islam. cease to be effective as on and
------------- form 31st of December, 1992.
Dated: 30-6-1992.
Vs. Finance Corporation, section 4(2), 21(2), 24(11,12), and dimissed the
HBFC etc Act 1952 have been 24(2) and 30(1)(C) by 30th June appeal on 23-12-
Linked with challenged as 1992 so as to bring them in 1999.
S.P.No.14/L/1991 repugnant to the comferty with the injunctions of PLD 2000,
Linked with Injunctions of Islam. Islam as laid down in the Holy SC.Page 760.
S.P.No.50/L/1991 Quran and Sunnah. PLD 1992 FSC
Linked with Page 501
S.P.No.59/I/1991
Linked with
S.P.No.83/L/1991
Linked with
S.P.No.94/L/1991
Linked with
S.P.No.100/L/1991
Linked with
S.P.No.7/L/1991
770. S.P.No.87/I/1991 Section 31(1) & 18(1) Disposed of as withdrawn on Appeal not filed
Dr. Muhammad Asalm of Allam Iqbal Open 8.12.1997.
Khaki University Act, 1974
Vs. (regarding right of
Federation of Pakistan appeal against the
order passed by V.C
before Executive
Council which is itself
headed by V.C, and
thereafter to the Pro-
Chancellor) challenged
being repugnant to
injunctions of Islam
771. S.P.No.88/I/1991 Section 22 of Legal Disposed of on 3-11-1992. Appeal not filed
Qazi Muhammad Practitioner & Bar
Haroon Council Act, 1973
Vs. challenged being
Govt. of Pakistan repugnant to
injunctions of Islam.
772. S.P.No.89/L/1991 Section 8(2)(a) of the However, the judgment in the Appeal not filed
Sheikh Masood Ellahi Banking Companies same subject matter has already
Vs. (Recovery of Loans) been passed in S.P.No.30-I/1990
Govt. of Pakistan Ord. 1979 challenged on 14.11.1991 vide PLD 1992
being repugnant to page 1.
injunctions of Islam.
773. S.P.No.90/L/1991 Section 8(2)(a) of the judgment in the same subjectSupreme Court
Mansoor Ellahi etc. Vs. Banking Company matter has already been passed upheld the
Govt. of Pakistan etc. (Recovery of Loans) in S.P.No.30-I/1990 on judgment of FSC
1979 regarding 14.11.1991 vide PLD 1992 page and dismissed
recovery of interest 1. the appeal on 23-
challenged being 12-1999, PLD
repugnant to 2000 SC Page-
injunctions of Islam 225-770. Review
petition filed in
Supreme Court
and remanded
the cases to FSC
on 24-6-2002,
PLD 2002 SC
Page-800
.
774. S.P.No.91/L/1991 Section 8(2)(a) of However, the judgment in the Supreme Court
Muhammad Rafiq Vs. Banking Company same subject matter has already upheld the
Manager U.B.L & others (Recovery of Loans) been passed in S.P.No.30-I/1990 judgment of FSC
1979 regarding on 14.11.1991 vide PLD 1992 and dismissed
recovery of interest page 1. the appeal on 23-
challenged being 12-1999, PLD
repugnant to 2000 SC Page-
injunctions of Islam 225-770. Review
petition filed in
Supreme Court
146
and remanded
the cases to FSC
on 24-6-2002,
PLD 2002 SC
Page-800
.
775. Sh.P.No.92/L/1991 West Pakistan Land Dismissed on dated 16-12-1991. Supreme Court
Maqbool Ahmed Revenue Rules, 1968, held that Rule 25
Qureshi challenged being and 26 are
Vs. repugnant to repugnant to
Government of Punjab injunctions of Islam Injunctions of
etc. Islam to the
extent they
recognize the
appointment of
minor or
incapable person
as a Headman
and Rule 19(2)
of the Punjab
Land Revenue
Rules 1968 Rule
17 declared and
repugnant to the
Injunctions of
Islam.
776. S.P.No.93/L/1991 Section 8(2)(a) of However, the judgment in the Supreme Court
Sheikh Mushtaq Ahmed Banking Company same subject matter has already upheld the
Vs. (Recovery of Loans) been passed in S.P.No.30-I/1990 judgment of FSC
Fed: of Pakistan etc. 1979 regarding on 14.11.1991 vide PLD 1992 and dismissed
recovery of interest page 1. the appeal on 23-
challenged being 12-1999, PLD
repugnant to 2000 SC Page-
injunctions of Islam 225-770. Review
petition filed in
Supreme Court
and remanded
the cases to FSC
on 24-6-2002,
PLD 2002 SC
Page-800
.
777. S.P.No.94/L/1991 In these connected The Court has allowed the Supreme Court
Ashiq Hussain etc Vs. Shariat Petitions a petition on 14-11-1991 and of Pakistan
Islamic Republic of number of provisions directed that nessary detections upheld the
Pakistan etc of House Building and amendments be made in judgment of FSC
Linked with Finance Corporation, section 4(2), 21(2), 24(11,12), and dimissed the
S.P.No.14/L/1991 Act 1952 have been 24(2) and 30(1)(C) by 30th June appeal on 23-12-
Linked with challenged as 1992 so as to bring them in 1999
S.P.No.50/L/1991 repugnant to the comferty with the injunctions of PLD 2000,
Linked with Injunctions of Islam Islam as laid down in the Holy SC.Page 760.
S.P.No.59/I/1991 Quran and Sunnah. PLD 1992
Linked with Page 501 FSC
S.P.No.83/L/1991
Linked with
S.P.No.86/L/1991
S.P.No.87/L/1991
S.P.No.88/L/1991
Linked with
S.P.No.100/L/1991
Linked with
S.P.No.7/L/1991
778. Review S.P.No.1/I/1992 Challenged section 13 Dismissed being misconceived on Appeal has not
in S.P.No.95/L/1991 of the Punjab Pre- 30.11.1993 filed.
Akbar Khan emption Act No. IX of
147
Vs. 1991
Public at Large etc.
779. Sh.P.No.96/L/1991 Section 6 of Muslim Dismissed having no jurisdiction Appeal not filed
Muhammad Iqbal Vs. Family Law 1961 vide Court order 13.10.1991
The State etc. challenged being
repugnant to
injunctions of Islam.
780. Sh.P.No.97/L/1991 ADBP Rules 1961 Dismissed being incompetent as Appeal not filed
Muhammad Abdullah (Recovery of Interest petitioner raised grievance of his
Alvi on Loans) challenged personal nature vide Court order
Vs. being repugnant to dated 12.12.1991
ADBP injunctions of Islam.
781. Sh.P.No.98/L/1991 Interest Act, 1839, Disposed of on 12.12.1991. The Supreme Court
Bashir Ahmed section 34, 34(a)(b) detailed judgment is not placed upheld the
Vs. C.P.C and section 59 of in filed. However, the judgment in
judgment of FSC
U.B.L etc. Cooperative Societies the same subject matter has and dismissed
Act, 1925 challenged already been passed in S.P.No.30-the appeal on 23-
being repugnant to I/1990 on 14.11.1991 vide PLD 12-1999, PLD
injunctions of Islam. 1992 page 1. 2000 SC Page-
225-770. Review
petition filed in
Supreme Court
and remanded
the cases to FSC
on 24-6-2002,
PLD 2002 SC
Page-800
.
782. S.P.No.100/L/1991 In these connected The Court has allowed the Supreme Court
Manzoor Hussain Vs. Shariat Petitions a petition on 14-11-1991 and of Pakistan
Federation of Pakistan number of provisions directed that nessary detections upheld the
etc of House Building and amendments be made in judgment of FSC
Linked with Finance Corporation, section 4(2), 21(2), 24(11,12), and dimissed the
S.P.No.14/L/1991 Act 1952 have been 24(2) and 30(1)(C) by 30th June appeal on 23-12-
Linked with challenged as 1992 so as to bring them in 1999
S.P.No.50/L/1991 repugnant to the comferty with the injunctions of PLD 2000,
Linked with Injunctions of Islam. Islam as laid down in the Holy SC.Page 760.
S.P.No.59/I/1991 Quran and Sunnah. PLD 1992
Linked with FSC Page 501
S.P.No.83/L/1991
Linked with
S.P.No.86/L/1991
S.P.No.87/L/1991
S.P.No.88/L/1991
Linked with
S.P.No.94/L/1991
Linked with
S.P.No.7/L/1991
783. Sh.P.No.101/L/ Section 8(2)(a) of However, the judgment in the Supreme Court
1991 Banking Company same subject matter has already upheld the
S. Muhammad Din & (Recovery of Loans) been passed in S.P.No.30-I/1990 judgment of FSC
sons Pvt. Ltd 1979 regarding on 14.11.1991 vide PLD 1992 and dismissed
Vs. recovery of interest page 1. the appeal on 23-
Federation of Pakistan challenged being 12-1999, PLD
repugnant to 2000 SC Page-
injunctions of Islam 225-770. Review
petition filed in
Supreme Court
and remanded
the cases to FSC
on 24-6-2002,
PLD 2002 SC
Page-800
.
784. S.P.No.102/L/1991 Rule 17 of ADBP rules However, the judgment in the Supreme Court
Muhammad Anwar Vs. 1961 regarding same subject matter has already upheld the
148
787. S.P.No.105/L/1991 Section 28 of Banking Allowed, vide judgment dated Appeal has not
M/S Mumtaz Industries Companies (Recovery 2.2.1992 in view of the judgment filed.
Vs. of Loan) Ord., 1979 on the same subject matter has .
Fed: of Pakistan regarding recovery of already been passed in S.P.No.30-
L/W interest challenged I/1990 on 14.11.1991 ,PLD 1992
S.P.No.104/L/1991 being repugnant to FSC Page 360
injunctions of Islam
788. S.P.No.106/L/1991 Section 34 CPC, section Disposed of on 15.12.1991 in Appeal has not
Munir Hussain 79 & 80 of negotiable view of the judgment on the same filed.
Vs. Instrument Act, 1881, subject matter has already been
U.B.L etc. section 82(2) OF passed in S.P.No.30-I/1990 on
Banking Companies 14.11.1991 vide PLD 1992 page
(Recovery of Loans) 1.
Ord., 1979, Interest
Act, 1838 regarding
recovery of interest
challenged being
repugnant to
injunctions of Islam
789. S.P.No.107/L/1991 Schedule No.7,9,10 Disposed of. Petition returned to Appeal not filed
Muhammad Aslam Vs. (cancellation of law of petitioner as it was mentioning
Province of Punjab etc. allotment) of Housing personal grievance vide letter
& Physical Planning dated 21.6.1992 issued by Senior
Punjab Lahore Research Advisor F.S.C
(personal grievance)
challenged being
repugnant to
injunctions of Islam
790. S.P.No.108/L/1991 Section 25(2) (a) 26 Original petition returned to Appeal has not
Rukhsana & Co Vs. ABL and 26-A (1)iii Banking petitioner 19.10.1991. filed.
Lahore companies ord:1962
791. S.P.No.109/L/1991 Section 8 (2) of Disposed of on 12.12.1991 in Appeal has not
Pak Cables Rubber Banking Companies view of judgment already passed filed.
Industry (Recovery of Loans) in the same subject matter
Vs. Ord., 1979 regarding passed in S.P.No.30-I/1990 on
M.C.B Ltd. etc recovery of interest 14.11.1991 vide PLD 1992 page
challenged being 1.
repugnant to
injunctions of Islam
149
Fed: of Pakistan Ord., 1979 regarding 14.11.1991 vide PLD 1992 page
recovery of interest 1.
challenged being
repugnant to
injunctions of Islam.
802. S.P.No.121/L/1991 Section 8 (2) of Disposed of on 17.12.1991 in Appeal not filed
M/S Mumtaz Industries Banking Companies view of judgment already passed
Vs. (Recovery of Loans) in S.P.No.30-I/1990 on
A.B.L Ltd etc. Ord., 1979 challenged 14.11.1991 vide PLD 1992 page
being repugnant to 1.
injunctions of Islam.
803. S.P.No.122/L/1991 Punjab Cooperative Dismissed as withdrawn vide Appeal not filed
Ghulam Haider Societies and court order dated 13.2.1992
Vs. Cooperative Bank
Punjab Cooperative (Repayment of Loan)
Bank etc. 1966 regarding
recovery of interest
challenged being
repugnant to
injunctions of Islam.
804. S.P.No.124/L/1991 Provision of section 10, The petition is dismissed in Appeal filed in
Muhammad Afzal etc. 73 & 74 of Contract limine vide Court order dated the Hon’ble
Vs. Act, 1872 and 21.6.1992 as the Hon’ble Court Supreme Court
Federal Govt. of Provision of 21, 24,25 has already examined the law of Pakistan and
Pakistan etc. & 26 of Specific Relief under suo moto jurisdiction in has been
Act, 1877 challenged 1983-84. dismissed on
being repugnant to 14-10-2004
injunctions of Islam.
1992
S. No. Shariat Petition No. & Law Challenged FSC Decision Appeal filed in
Party Names the
Hon.Supreme
Court of
Pakistan or not
with Status
805. Review S.P.No.1/I/1992 Challenged section 13 Dismissed being misconceived on Appeal has not
in S.P.No.95/L/1991 of the Punjab Pre- 30.11.1993 filed.
Akbar Khan emption Act No. IX of
Vs. 1991.
Public at Large etc.
806. S.P.No.1/I/1992 Personal grievance. Dismissed in limine on 13.2.1992 Appeal has not
Sher Nadir Khan for want of jurisdiction filed.
Vs.
The Govt. of NWFP and
another
807. Sh.P.No.1/L/1992 Article No. 3(6) of the Allowed. The Court has declared Appeal has not
Mst.Mumtaz Begam Bye-Laws of National (To draw interest thereon) filed.
Vs Industrial Co-operative repugnant to Injunction of Islam.
The Provence of Punjab Finance Corporation The concerned authority is
etc. Limited may please be directed to suitably amend the
Linked with examined and declared said provision of law within six
Sh.P.No.80/I/1991 to be repugnant to the months. Failing which it shall
Linked with Injunctions of Islam. cease to be effective as on and
Sh.P.No.82/I/1991 form 31st of December, 1992.
Dated: 30-6-1992.
808. Sh.P.No.1/K/1992 Challenged Section 4 of Office has informed to petitioner Appeal has not
Illahi Bakhsh Muslim Family Laws that the matter does not fall filed.
Vs Ordinance, 1961. within the jurisdiction of this
Islamic Republic of Court.
Pakistan etc Office letter date; 9-2-1992.
809. S.P.No.2/I/1992 Section 54-C and Sub- Dismissed in limine on 10.2.1992 Appeal has not
Noor Khan section of Section 24 of for want of jurisdiction. filed.
Vs. Act IX of 1910 added
Federal Govt.etc. by Electricity
151
(Amendment)
Ordinance, 1979 (Ord
No.LXII of 1979).
810. Sh.P.No.2/K/1992 Challenged the interest Returned. Appeal has not
Sharaf-uddin and five Act (Whole Act), 1939 Office has informed to petitioner filed.
others and Provision of that the petition is not in
Vs Section 34, 34(A) (B) of accordance with Rule 7(2) of FSC
ADBP and others Civil Procedure Code. (Procedure) Rules, 1981.
Office letter dated; 9-2-1992.
811. Sh.Rew.No.2/I of 1992 Impugned Para 22 of Disposed of. Appeal filed in
Abdul Sattar the Martial Law The Court has already been given the Hon’ble
Vs Regulation No.115 of judgment in Shariat petition Supreme Court
The Government of 1972 (Restrictions on No.10/L/1990 Ch. Khan of Pakistan and
Pakistan partition of joint Muhammad Vs The Government Allowed on
Linked With holdings) is patently of Pakistan on 27-04-1992 and dated 15-11-
Sh.P.No.7/L/1992 Un-Islamic being Shariat Appellate Bench of 1993.
voilative of the Supreme Court of Pakistan on 15-
fundamental rights of 11-1993 declining the provisions
equality before law of paragraphs 22, 23 and 24 of
recognized by Quran Martial Law Regulation -115
and Sunnah. The against the Injunction of Islam.
common cause of No such order has to be passed
permitting the by this Court on this Shariat
partition of joint Petition.
holding is the Order dated: 1-12-1993.
fundamental rights of -------------
the co-owners to utilize
their land with their
exclusive possession.
----------------
369.25. By this
petition, a declaration
is sought that the
interest is against the
Inunctions of Islam as
laid down in the Holy
Quran and Sunnah.
818. Review S.P.No.4/I/1992 Section 21 of Disposed of on 5.12.2000, as Appeal has not
Dr.Mehmood-ur- Enforcement of Shariah infructuous, as an authoritative filed.
Rehman Faisal Act,1991 judgment on the subject has been
Vs. delivered by the Hon’ble Shariat
Govt. of Pakistan and Appellate Bench of the Supreme
another Court of Pakistan and a task force
has been formed to work out
strategy for implementation of
the same
819. Sh.P.No.4/K/1992 Challenged Section 34 Dismissed. Appeal has not
Sohail Hameed of PPC on the ground of The Court has not found the said filed.
Vs its being repugnant to Section against the Quran and
Federation of Pakistan the Injunctions of Sunnah.
Islam. “S. 34. When a Judgment dated; 12-11-1992,PLD
criminal act is done by 1993 FSC Page 44
several persons, in
furtherance of the
common intention of
all, each of such
persons is liable for
that act in the same
manner as if it were
done by him alone”.
820. Sh.P.No.5/L/1992 The petitioner has The Court has informed the Appeal has not
Sardar Khan requested through petitioner that you have not filed.
Vs petition that the challenged any law or provision
Allied Bank of Pakistan recovery of Interest, there of as repugnant to the
Ltd. penal interest and Injunctions of Islam therefore if
other charges o loan so diseur file a petition
given to the challenging any law or provision.
petitioner /firm by the But no petition has been file by
respondent-bank as the petitioner.
against the Injunctions
of Islam, Holy Quran
and Sunnah.
821. S.P.No.5/I/1992 Sections 18 and 19 of Disposed of as infructuous on Appeal has not
Saleem Raza Qureshi Vs. the Shariat Act,1991 5.12.2000. filed.
Federation of Pakistan
822. Review of FSC Dismissed on 25.4.2007 Appeal has not
Review judgment dated filed.
S.P.No.5/I/1992 7.7.1983 where in
Abdullah Sani etc Vs. different sections of
Secretary M/o Law Copy Rights Ordinance
L/W XXXIV of 1962 and
22/I/1992 Rules 10 and 17 of
Copy right rules, 1967
has been challenged.
823. Sh.P.No.5/K/1992 Challenged Gazette Dismissed as withdrawn. Appeal has not
Muhammad Mumtaz Ali Notification No.SRO- Order dated; 5-10-1992 filed.
Vs 939(i) /79. (Return of
Federation of Pakistan Agriculture Land).
etc
824. S.P.No.6/I/1992 Secs.18 and 19 of Disposed of as infructuous on Appeal has not
Abdur Rehman Siddiqui Enforcement of Shariah 5.12.2000 filed.
etc Act, 1991.
Vs.
Federation of Pakistan
etc.
825. Sh.P.No.6/L/1992 The petitioner has Dismissed as withdrawn. Appeal has not
153
Sardar Khan requested through The Court has informed that the filed.
Vs petition that the petitioner to see this Court‘s
Allied Bank of Pakistan recovery of Interest, judgment PLD-1992-FSC-1.
Ltd. penal interest and Challenged pointed has already
other charges o loan been discussed in the judgment.
given to the Order dated: 28-4-1992.
petitioner /firm by the
respondent-bank as
against the Injunctions
of Islam, Holy Quran
and Sunnah.
826. Sh.P.No.6/K/1992 Challenged Section 4 of Dismissed. Appeal has not
Khaliquz-zaman the Muslim Family This Court and supreme Court of filed.
Vs Laws, 1961. Pakistan has already been
Sajjad Hussain and examined above said provision
Others i.e. Farishta Khatoon case
reported PLD 1981-SC-120.
Order dated; 21-6-1992
827. Sh.P.No.7/L/1992 Impugned Para 22 of Disposed of. Appeal filed in
Abdul Sattar the Martial Law The Court has already been given the Hon’ble
Vs Regulation No.115 of judgment in Shariat petition Supreme Court
The Federal 1972 (Restrictions on No.10/L/1990 Ch. Khan of Pakistan and
Government of partition of joint Muhammad Vs The Government Allowed on
Pakistan. holdings) is patently of Pakistan on 27-04-1992 and dated 15-11-
Un-Islamic being Shariat Appellate Bench of 1993.
Linked With voilative of the Supreme Court of Pakistan on 15-
fundamental rights of 11-1993 declining the provisions
Sh.Rew.No.2/I of equality before law of paragraphs 22, 23 and 24 of
recognized by Quran Martial Law Regulation -115
and Sunnah. The against the Injunction of Islam.
common cause of No such order has to be passed
permitting the by this Court on this Shariat
partition of joint Petition.
holding is the Order dated: 1-12-1993.
fundamental rights of -------------
the co-owners to utilize
their land with their
exclusive possession.
----------------
831. Sh.P.No.9/L/1992 The petitioner has Dismissed in limine. Appeal has not
Rana Zahoor Ahmed prayed through that The Court has no jurisdiction to filed.
Khan the demand of Interest grant an Injunction as provided
Vs from the petitioner by under Article 203H (3) of the
United Bank Limited the respondent Bank Constitution.
along with the arrears Order dated: 29-4-1992.
of interest which
amounted to Rs.
176,944.50 as on
21.10.1986 may be
declared as illegal,
unlawful and not
recoverable.
832. Sh.P.No.9/K/1992 Challenged Section 8 of Dismissed in limine for want of Appeal has not
Masood Ahmed Ansari Muslim Family Laws jurisdiction. filed.
Vs Ordinance, 1961 and Order dated; 4-10-1992.
Federation of Pakistan Section 2 of the
etc dissolution of Muslim
Marriage Act, 1939.
833. S.P.No.10/I/1992 Provident Fund Disposed of on 10.8.1992, as the Appeal has filed.
Roshan Din Roshan Vs. Act,1925 said provisions alongwith the pending
The State said Rules be brought in
conformity with the Injunctions
of Islam in the light of our
observations made at para 21, by
31st December,1992.
834. Sh.P.No.10/L/1992 Challenged Section Dismissed in limine. Appeal has not
Abdul Ghafoor and 8(2) of the Banking The Court has already been filed.
other Companies (Recovery declared these sections as
Vs of Loans) Ordinance, repugnant to Injunction of Islam
The Manager ADPB 1979. in PLD 1992 FSC-1.
Sections 79 and 80 of Order dated: 29-4-1992.
the Negotiable
Instruments Act, 1881.
Sections 34, 34-A and
34-B of C.P.C.
The Interest Act, 1839.
These sections are
regarding bank
Interest.
835. Sh.P.No.10/K/1992 Challenged Returned. Appeal has not
Malik Muhammad Representation of the The Petitioner has not adopted filed.
Usman Peoples Act, 1976. proper procedure.
Vs Electoral Act, 1974. Approved on note portion of the
The Government of Cr.Law (Second file dated 23-9-1992.
Pakistan Amendment)
Ordinance, 1991.
Zakat and UShr
Ordinance, 1980.
Income-Tax, Sales Tax,
Excise Duty, Custom
etc.
Provisions of Laws
regarding Expenditure.
Provisions of Laws
regarding Population
Welfare, Foreign
Affairs, Defence and
Administration of
Justice.
836. S.P.No.11/I/1992 Section 28 of the Dismissed in limine on Appeal has not
Maulana Noor Ahmad Punjab Pre-emption 19.10.1992 on the ground that filed.
Vs. Act,1991 the grievance of the petitioner
Province of Punjab seems to be that the law does not
determine the market value.
837. Sh.P.No.11/L/1992 Petitioner has Petition has been returned to Appeal has not
Hasham Ali Awan challenged a legal petitioner. filed.
Vs notice issued by the The Court has declared that he
155
The ADPB Bank for recovery of has not challenged any provision
interest (Riba) amount of law and the petition is not falls
form the petitioner. short of the requirement.
Order dated: 4-10-1992.
838. Sh.P.No.11/K/1992 Prayed for declaration Dismissed. Appeal has not
Mrs. Najma Khatoon 1. Ground rent 2. Not challenged any law to be filed.
Vs Interest on ground rent repugnant to the Injunctions of
The Government of 3. Non Utilization fee as Islam in the petition.
Sindh Un-Islamic. Order dated; 19-12-1993.
839. S.P.No.12/I/1992 C.D.A Land Disposal in Dismissed on 17.10.1993 as not Appeal has not
Dr.Muhammad Aslam Islamabad regulation pressed. filed.
Khaki 1985
Vs.
Federation of Pakistan
and another
840. Sh.P.No.12/L/1992 This petition has been Dismissed as withdrawn. Appeal has not
Din Muhammad and filed against 51 On the request of petitioner the filed.
others respondent No.2 petition is dismissed.
Vs names of the rest Order dated: 7-10-1992
Administrator Thal respondents has struck
Development Authority of and the Court do not
and others The grant any relief against
Government of Pakistan individual or any
institution.
841. Sh.P.No.12/K/1992 Challenged Section 14 Dismissed. Appeal has not
Pakistan National of Finance Act, 1990 The Court has not found that filed.
Workers etc and Government Challenged Section 14 of Finance
Vs notification dated 1-7- Act, 1990 and Government
The Government of 1992 is not in notification dated 1-7-1992 is in
Pakistan etc consonance with the consonance with the Islamic
Islamic Injunctions. Injunctions.
Judgment dated; 6-5-2009.
842. S.P.No.13/I/1992 Rule 16(1) of Dismissed in limine on 4.10.1992 Appeal has not
Muhammad Ayub Khalid Government Servants filed.
Vs. Federation of Pakistan (Conduct) Rules,1964
843. Sh.P.No.13/L/1992 Challenged Section Disposed of. Appeal has not
Muhammad Shoail 8(2) and 9 of Banking In first prayer, the Court has filed.
Vs Companies Recovery of already been declared these
The ADPB. Loan Ordinance, 1979 sections as repugnant to
against the Injunction Injunction of Islam in PLD 1992
of Islam and Holy FSC-1.
Quran and Sunnah. In second prayer, the Court has
no power to grant the Injection as
provided under Article 203H (3)
of the constitution of Pakistan,
1973.
Order dated: 4-10-1992.
844. Sh.P.No.13/K/1992 Challenged Sub Clause Disposed of as withdrawn. The Appeal has not
Pakistan National 5 of the standing Order Court has already been examined filed.
Workers etc 15 of Industrial the same matter in
Vs Commercial employees Sh.P.No.4/I/1989.
The Government of (Standing Orders) Order dated; 19-10-1992
Pakistan Ordinance 1968 and
sub section 5 of section
15 of Road Transport
workers Ordinance,
1961. (Relating the
subsistence allowance
paid to the worker
during the period of his
suspension).
845. S.P.No.14/I/1992 Land Acquisition Dismissed on 3.5.1992, as having Appeal has not
Qazi Mazhar-ul-Haq Vs. Act,1894 been infructuous, as the points filed.
Federation of Pakistan urged in this petition have
already been decided by this
156
Court in S.S.M.No.14-P-1983,vide
judgment dated 30.4.1992.
846. Sh.P.No.14/K/1992 Challenged section 14 Dismissed. Appeal has not
Pakistan National of the Industrial The Said Ordinance has already filed.
Workers etc Relation Ordinance, been examined by this Court by
Vs 1969. (Agricultural decision as reported in PLJ 1984-
The Government of Worker has not been FSC-164 and nothing has been
Pakistan included which is found against the Injunctions of
against the Injunctions Islam.
of Islam. Order dated; 12-11-1992.
847. S.P.No.15/I/1992 Sec.25 of the Dismissed in limine on 4.5.1992 Appeal filed in
Mian Mumtaz Rafee Vs. Negotiable Instrument the Hon’ble
Federal Government of Act,1881 Supreme Court
Pakistan of Pakistan,
Disposed of
4.6.1998.
848. Sh.P.No.15/K/1992 Section 5 of the Dismissed for non-prosecution. Appeal has not
Syed Rehan Shahid Offences in respect of Order dated 17-11-1998. filed.
Vs Banks (Special Courts)
Federation of Pakistan Ordinance, 1984(IX of
1984).
849. S.P.No.16/I/1992 Section 41 of the IDBP Dismissed on 1-7-1992, as this Appeal has not
M/s Atif Flour Mills Ordinance,1961 court has already been decided filed.
Vs. that section 41 of the Ordinance,
Federation of Pakistan vide judgment delivered in
S.P.no.119-I-1991 and S.P.No.23-I-
1992 dt.23.6.1992.
850. Sh.P.No.16/L/1992 The petitioner has Dismissed.4.10.1992 Appeal has not
M/s Shahid Sewing requested through The petitioner raises and issue of filed.
Machine petition that he had personal nature and not
Vs taken loan of an Rs.20, maintainable.
The Government of 000/- from the United
Pakistan Bank Limited and has
repaid Rs.44, 000/- ,
more than the double.
Still the Bank is
claiming Rs. 80,000/-
from him.
851. S.P.No.17/I/1992 Challenged Muslim Dismissed on 3.5.1992 as not Appeal has not
Ghulam Ahmad Awan Family Laws maintainable, as this Court has no filed.
Maibal Vs. Govt. of Ordinance,1961 jurisdiction to examine any
Pakistan provision of Family laws
Ordinance as provided under
Article 203-B© of the
Constitution.
852. Sh.P.No.17/L/1992 Challenged Section Dismissed in limine. Appeal has not
Muhammad Asghar 8(2) and 9 of Banking In first prayer, the Court has filed.
Qureshi Companies Recovery of already been declared these
Vs Loan Ordinance, 1979 sections as repugnant to
National Bank of against the Injunction Injunction of Islam in PLD 1992
Pakistan etc. of Islam and Holy FSC-1.
Quran and Sunnah. In second prayer, the Court has
no power to grand the Injection
as provided under Article 203H
(3) of the constitution of
Pakistan, 1973.
Order dated: 23.6.1992.
855. S.P.No.19/I/1992 Punjab Tenancy (Act) Dismissed on 23.1.2008,restore Appeal has not
Ghulam Haider Khan (XVI) 1987 XXV 1925. on 6.7.2010. filed.
etc. Vs. Govt. of the
Punjab
856. Sh.P.No.19/L/1992 Challenged Section Disposed of. Appeal has not
M/s Lucky Industries 8(2) and 9 of Banking In first prayer, the Court has filed.
Vs Companies Recovery of already been declared these
Federation of Pakistan Loan Ordinance, 1979 sections as repugnant to
against the Injunction Injunction of Islam in PLD 1992
of Islam and Holy FSC-1.
Quran and Sunnah. In second prayer, the Court has
no power to grand the Injection
as provided under Article 203H
(3) of the constitution of
Pakistan, 1973.
Order dated: 4-10-1992.
857. S.P.No.20/I/1992 Sec.22 of Civil Servants Dismissed in limine on 4.10.1992, Appeal has not
Dr.Mehmood-ur- Act (LXXI) of 1973 and without any merit. It has been filed.
Rehman Faisal Rules 4(1) (d) (ii) 5,7 held by the Court that the
Vs. and 8(1) of Civil provision of law, as challenged
Govt. of Pakistan Servants (Appeal) before the court, falls within the
rules,1977 ambit of procedural law. This
court has no jurisdiction to
examine such a law as barred
under Article 203-B© of the
Constitution of Pakistan, 1973.
858. Sh.P.No.20/L/1992 Challenged Section Disposed of. Appeal has not
Fazal-e-Razzaq 8(2) and 9 of Banking In first prayer, the Court has filed.
Vs Companies Recovery of already been declared these
Federation of Pakistan Loan Ordinance, 1979 sections as repugnant to
against the Injunction Injunction of Islam in PLD 1992
of Islam and Holy FSC-1.
Quran and Sunnah. In second prayer, the Court has
no power to grand the Injection
as provided under Article 203H
(3) of the constitution of
Pakistan, 1973.
Order dated: 4-10-1992.
859. S.P.No.21/I/1992 Challenged Section Dismissed in limine on 4.10.1992 Appeal has not
Dr.Mehmood-ur- 4(1) of the Service for want of jurisdiction filed.
Rehman Faisal Tribunals Act (LXX) of
Vs. 1973
Govt. of Pakistan
860. Sh.P.No.21/L/1992 Rule 17 of ADPB Rules Disposed of. Appeal has not
Muhammad Yousaf 1961. The Court has already been filed.
Vs Regarding Interest. declared the section Rule 17 of
ADPB etc Agricultural Development bank
of Pakistan as injunction of Islam
by its judgment dated 14-11-
1991 in case reported in PLJ
1992 page 153. (Dr. Mehmood ur
Rehman Faisal Vs Ministry of
Law, Justice and Parliamentary
Affairs, Government of Pakistan.
Order dated: 4-10-1992.
861. S.P.No.22/I/1992 Challenged Copy Right Disposed of on 4.10.1992 as the Appeal has not
Abdullah Sani Ordinance XXXIC of said Ordinance has already been filed.
Vs. 1962 examined by a Full Bench of this
Secretary Ministry of court vide judgment dated
158
866. S.P.No.25/I/1992 Order 37 Rule 2 (a) of Dismissed in limine on 23.6.1992 Appeal has not
Mian Fazal Ellahi CPC as having been filed.
Farooqi infructuous
Vs.
Federation of Pakistan
867. Sh.P.No.25/L/1992 Section 3 of Limitation Dismissed. Appeal filed in
Ghulam Abbas Act, 1908 praying that Involve point has already the Hon’ble
Vs the above Section of discussed by us in Shariat Supreme Court
Usman etc. law as being repugnant petition No.16/L of 1991 Noor of Pakistan and
to the Injunctions of Muhammad and another Vs dismissed on
Islam. Usman and another. dated 26-11-
Order dated: 19-10-1992. 1990.
868. S.P.No.26/I/1992 Section 11 of the Dismissed in liminie on Appeal has not
Abdul Salam Contract Act, 1873 26.6.1992. filed.
Vs.
Federation of Pakistan
869. Sh.P.No.26/L/1992 Challenged Section 18- Dismissed. Appeal has not
Nawab Masroor Ali A of Punjab Due to personal grievance and filed.
Khan Agricultural non-precaution.24.5.1993
Vs Development and
Government of Punjab Supplies Corporation
1973, added by Punjab
Agricultural
Development and
159
Supplies Corporation
(Amendment)
Ordinance, 1975.
(Regarding Interest).
870. Sh.P.No.27/L/1992 Challenged Sections Disposed of. Appeal not filed
Mst. Sharifan Bibi 4(20, 21(2), 24(6) & The Federal Shariat Court has in Supreme
another (8) and 28(3) of the already been examined the Court of Pakistan
Vs Hose Building Finance provisions of HBFC Act, 1952
HBFC etc Corporation Act, XVIII which had not been taken in
L/W of 1952. Regarding consideration in the judgment of
Sh.P.No.22/L/1992 interest. this Court reported as PLD 1992
FSC 1. After that the Shariat
Appellate Bench of the Supreme
Court of Pakistan has been
decided this petition in PLD 2000
SC 762. The grievance of
petitioner stands redressed after
the said amendment and
substitution.
Order dated: 18-9-2007.
871. Sh.P.No.28/L/1992 Challenged section 4 of Dismissed in limine as not Appeal has not
Ch. Muhammad Din the Muslim Family maintainable. As provided under filed
Vs Laws Ordinance, 1961. Article 203-B(c) of the
The Government of Share of grandson and Constitution our jurisdiction to
Pakistan granddaughter. examine the Muslim Family Laws
Ordinance, 1961 is specifically
barred. Reliance is also placed in
a case titled Federation Versus
Farishta (PLD 1981 S.C-120).
Order dated 18-10-1992.
872. Sh.P.No.29/L/1992 Challenged Section The Federal Shariat Court has Appeal has not
M. Abaid ullah 2(23), 2(29), 34, 36 of already been held In filed.
Vs Sale Tax Act, 1990. Sh.P.No.11/L/1990 that the State
The Federation of Article 2-A and 4 of the is empowered to impose taxes on
Pakistan. Constitution of its subject to meet the financial
Pakistan as being requirement of the State on the
repugnant to the basis of Maslaha.
Injunctions of Islam. Order dated; 18-9-2007.
873. Sh.P.No.29/I/1992 The Petitioner has The appeals have been allowed Appeal has not
Mst.Sakina Bibi etc. impugned the Martial on 7-5-2008.PLD 2008,FSC Page filed
Vs Law Order No. 425 and 17
The Government of 107 and laws and rules
Pakistan made these under on
the ground that
Linkedwith acquisition of the lands
of the petitioners
Sh.P.No.43/I/1992 under the said laws by
the N.W.F.P.
Linkedwith Government is
repugnant to Holy
Sh.P.No.64/I/1992 Quran and Sunnah of
the Holy Prophet
Linkedwith (P.B.U.H.).
Sh.P.No.67/I/1992
874. Sh.P.No.30/I/1992 Challenged Section 22 Dismissed. Appeal has not
Faqir Hussain Hadi of Civil Servant Act, The Services Review Board which filed.
Vs 1973. was abolished by Notification
The Government of Notification No.1 (25) No.1 (25)91-SR-B/Admn. I dated
Pakistan 91-SR-B/Admn dated 6-5-1992 has been revived by the
6th May, 1992 on the President by Notification No.1
ground of its being (25)91-SR-B/Admn. I dated 25-4-
repugnant to the 1994. Hence the petition has
Injunctions of Islam. become infructuous.
Order dated; 7-5-1994.
875. Sh.P.No.30/L/1992 Challenged Section The Federal Shariat Court has Appeal has not
Javed Hussain 2(23), 2(29), 34, 36 of already been held In filed.
160
876. S.P.No.31/I/1992 Sections 21 & 34 of the Disposed of as withdrawn on Appeal has not
Dr. M. Aslam Khaki Vs. Quaid-e-Azam 8.12.1997 filed.
Govt: of Pakistan and University Act, 1980
another
877. Sh.P.no.31/L/1992 Challenged Section 122 Dismissed in limine. Appeal has not
Mst. Hassan Bibi of Transfer of Property The Section 122 of Said Act, has filed.
Vs Act, 1882. “Sec.122” already been considered by the
The Government of “Gift” is the transfer of Full Bench of this Court through
Pakistan certain existing public notes and decided on 5
movable or immovable October, 1982 and as such no
property made fresh petition under the said Act
voluntarily and is maintainable.
without consideration, Order dated; 18-10-1992.
by one person, called
the donor, to another,
called the done, and
accepted by or on
behalf of the done.
878. Sh.P.No.32/L/1992 Shariat Petition against Dismissed as withdrawn. Appeal has not
Mst. Shaista Bashir etc National Bank of Because the specific provision of filed.
Vs Pakistan. law has not been mention in the
Federation of Pakistan (Regarding Interest). petition.
& another Order dated; 12-11-1992
879. S.P.No.32/I/1992 Sections 23 & 41 of the Allowed on 16.12.2004. The Filed in the
Dr. M. Aslam Khaki Vs. University of Engr. & Court has held that respondent Supreme
Govt: of the Punjab and Tech. Lahore, Act 1974 No.1 is directed to suitable Court,pending
another amend sections which have been
challenged in this petition , so as
Linkedwith to incorporate provisions therein
that the Voice Chancellor would
S.P.No.33/I/1992 be debarred from participating in
Dr. M. Aslam Khaki Vs. Sections 43 & 25 of the the meeting in the syndicate
Govt: of Punjab and Bahauddin Zikria before which the appeal of an
another University, Act 1975 employee of the University
challenged his adverse Order
Linkedwith passed qua him , is presented for
adjudication .It has also been
S.P.No.34/I/1992 observed that necessary
Dr. M. Aslam Khaki Vs. amendments shall be carried out
Govt: of Punjab and Sections 24 & 42 of the within 6 months i.e. before the
another University of the 15.6.2005, failing which the
Agricultural impugned provisions would
Linkedwith Faisalabad, Act 1973 cease to have legal effect , PLD
2005 FSC Page 3
S.P.No.40/I/1992
Dr. M. Aslam Khaki Vs.
Govt: of NWFP and
another Sections 39 & 12 of the
Gomel University, Act
Linkedwith 1974
S.P.No.41/I/1992
Dr. M. Aslam Khaki Vs.
Govt: of NWFP and
another
Sections253 & 14 of
Linkedwith the NWFP University of
Engg. & Tech. Peshawar
S.P.No.42/I/1992 Ord. 1980
Dr. M. Aslam Khaki Vs.
Govt: of NWFP and
another
161
Linkedwith
Sections 35 & 14 of the
S.P.No.49/I/1992 NWFP University of
Dr. M. Aslam Khaki Vs. Agricultural Ord. 1981
Govt: of Punjab and
another
Linkedwith
Sections 43 & 25 of the
S.P.No.50/I/1992 University of Punjab
Dr. M. Aslam Khaki Vs. Lahore, Act 1973
Govt; of Punjab and
anothers
Linkedwith
S.P.No.51/I/1992
Dr. M. Aslam Khaki Vs. Sections 42 & 24 of the
Govt. of NWFP and Islamia University
others Bahawalpur, Act 1975
Linkedwith
Sh.P.No.39/L/1992
Abdul Rab warsi Sections 39 & 241 of
Vs the University of
The Government of Peshawar, Act 1974
Pakistan
Challenged Section 22
of Civil Servant Act,
1973.
Notification No.1
(25)91-SR-B/Admn
dated 6th May, 1992 on
the ground of its being
repugnant to the
Injunctions of Islam.
880. S.P.No.33/I/1992 Sections 43 & 25 of the Allowed on 16.12.2004. The Filed in the
Dr. M. Aslam Khaki Vs. Bahauddin Zikria Court has held that respondent Supreme Court
Govt: of Punjab and University, Act 1975 No.1 is directed to suitable and pending
another amend sections which have been
challenged in this petition , so as
Linkedwith to incorporate provisions therein
S.P.No.32/I/1992 that the Voice Chancellor would
Linkedwith be debarred from participating in
S.P.No.34/I/1992 the meeting in the syndicate
Linkedwith before which the appeal of an
S.P.No.40/I/1992 employee of the University
Linkedwith challenged his adverse Order
S.P.No.41/I/1992 passed qua him , is presented for
Linkedwith adjudication .It has also been
S.P.No.42/I/1992 observed that necessary
Linkedwith amendments shall be carried out
S.P.No.49/I/1992 within 6 months i.e. before the
Linkedwith 15.6.2005, failing which the
S.P.No.50/I/1992 impugned provisions would
Linkedwith cease to have legal effect PLD
S.P.No.51/I/1992 2005 FSC Page 3
Linkedwith
Sh.P.No.39/L/1992
881. Sh.P.No.33/L/1992 Article 2-A and 4 of the Dismissed in limine. Appeal has not
Muhammad Nazeer Constitution of Because this Court has no filed.
Ahmed Pakistan. jurisdiction to cover by
162
882. S.P.No.34/I/1992 Sections 24 & 42 of the Allowed on 16.12.2004. The Filed in the
Dr. M. Aslam Khaki Vs. University of the Court has held that respondent Supreme Court
Govt: of Punjab and Agricultural No.1 is directed to suitable pending.
another Faisalabad, Act 1973. amend sections which have been
Linkedwith challenged in this petition , so as
S.P.No.32/I/1992 to incorporate provisions therein
Linkedwith that the Voice Chancellor would
S.P.No.33/I/1992 be debarred from participating in
Linkedwith the meeting in the syndicate
S.P.No.40/I/1992 before which the appeal of an
Linkedwith employee of the University
S.P.No.41/I/1992 challenged his adverse Order
Linkedwith passed qua him , is presented for
S.P.No.42/I/1992 adjudication .It has also been
Linkedwith observed that necessary
S.P.No.49/I/1992 amendments shall be carried out
Linkedwith within 6 months i.e. before the
S.P.No.50/I/1992 15.6.2005, failing which the
Linkedwith impugned provisions would
S.P.No.51/I/1992 cease to have legal effect PLD
Linkedwith 2005 FSC Page 3
Sh.P.No.39/L/1992
S.P.No.35/I/1992
Linkedwith
S.P.No.36/I/1992
Linkedwith
S.P.No.38/I/1992
Linkedwith
S.P.No.39/I/1992
887. S.P.No.38/I/1992 Sections 40 & 22 of the Dismissed as withdrawn on Appeal has not
Dr.M.Aslam Khaki Vs University of Sindh 18.12.1995 as the requisite filed.
Govt. of Sindh and Jamsharo Act, 1972 amendment has been made in the
another Sindh Service Tribunal Act 1995
Linkedwith
S.P.No.35/I/1992
Linkedwith
S.P.No.36/I/1992
Linkedwith
S.P.No.37/I/1992
Linkedwith
S.P.No.39/I/1992
888. Sh.P.No.38/L/1992 Challenged Rules, 16, Disposed of. Appeal has not
Muhammad Rasheed 17, 18, 18-A and 19 of The court has declared that the filed.
Rashid the Revised Leave Court say that Rules, 16, 17, 18,
Vs Rules 1980 (as 18-A and 19 of the Revised Leave
The Government of amended up-to-dated Rules 1980 are good and are not
Pakistan issued by finance oppressive. They may be bad.
department of the Unjust or oppressive but the
federal Government proper forum to assail them is
are voilative of the not this Court aw they do not
injunctions of the Holy violate any Injunctions of Islam
Quran and Sunnah. and therefore they may be
challenged before the competent
authority, a service tribunal, a
civil Court or even before High
Court under this Jurisdiction.
Judgment dated; 26-5-2009. PLJ
2009 FSC Page 291
889. Sh.P.No.39/L/1992 Challenged Section 22 Dismissed. Appeal has not
Abdul Rab warsi of Civil Servant Act, The Services Review Board which filed.
Vs 1973. was abolished by Notification
The Government of Notification No.1 No.1 (25)91-SR-B/Admn. I dated
Pakistan (25)91-SR-B/Admn 6-5-1992 has been revived by the
dated 6th May, 1992 on President by Notification No.1
the ground of its being (25)91-SR-B/Admn. I dated 25-4-
repugnant to the 1994. Hence the petition has
Injunctions of Islam. become infructuous.
Order dated; 7-5-1994.
890. S.P.No.39/I/1992 Section36 & 15 of the Dismissed as withdrawn on Appeal has not
Dr. M. Aslam Khaki Vs Mehran University of 18.12.1995 as the requisite filed.
Govt. of Sindh and an Engg. & The. amendment has been made in the
another Nawabshah Act, 1977 Sindh Service Tribunal Act 1995
Linkedwith
S.P.No.35/I/1992
Linkedwith
S.P.No.36/I/1992
Linkedwith
S.P.No.37/I/1992
Linkedwith
S.P.No.39/I/1992
891. S.P.No.40/I/1992 Sections 39 & 12 of the Allowed on 16.12.2004. The Filed in the
Dr. M. Aslam Khaki Vs. Gomel University, Act Court has held that respondent Supreme Court
Govt: of NWFP and 1974 No.1 is directed to suitable Pending
another amend sections which have been
Linkedwith challenged in this petition , so as
S.P.No.32/I/1992 to incorporate provisions therein
Linkedwith that the Voice Chancellor would
S.P.No.33/I/1992 be debarred from participating in
Linkedwith the meeting in the syndicate
164
893. S.P.No.42/I/1992 Sections 35 & 14 of the Allowed on 16.12.2004. The Filed in the
Dr. M. Aslam Khaki Vs. NWFP University of Court has held that respondent Supreme Court
Govt: of NWFP and Agricultural Ord. 1981 No.1 is directed to suitable Pending
another amend sections which have been
Linkedwith challenged in this petition , so as
S.P.No.32/I/1992 to in corporate provisions therein
Linkedwith that the Voice Chancellor would
S.P.No.33/I/1992 be debarred from participating in
Linkedwith the meeting in the syndicate
S.P.No.34/I/1992 before which the appeal of an
Linkedwith employee of the University
S.P.No.40/I/1992 challenged his adverse Order
Linkedwith passed qua him , is presented for
S.P.No.41/I/1992 adjudication .It has also been
Linkedwith observed that necessary
S.P.No.49-I-1992 amendments shall be carried out
Linkedwith within 6 months i.e. before the
S.P.No.50/I/1992 15.6.2005, failing which the
Linkedwith impugned provisions would
S.P.No.51/I/1992 cease to have legal effect PLD
Linkedwith 2005 FSC Page 3
Sh.P.No.39/L/1992
896. Sh.P.No.43/L/1992 Challenged section 4 of Dismissed in limine as not Appeal has not
Hussain Baksh the Muslim Family maintainable. As provided under filed.
Vs Laws Ordinance, 1961. Article 203-B(c) of the
The Government of Share of grandson and Constitution our jurisdiction to
Pakistan granddaughter. examine the Muslim Family
Lawss Ordinance, 1961 is
specifically barred. Reliance is
also placed in a case titled
Federation Versus Farishta (PLD
1981 S.C-120)
Order dated; 7-2-1993.
897. S.P.No.44/I/1992 President’s Order No.3 Dismissed as withdrawn on Appeal has not
Hamad Ullah Khan Vs. of 1982 Foreign 6.6.2000, as the matter has been filed.
Govt. of Pakistan Currency Loans (Rate settled between the parties.
of Exchange) Ord.1982
898. S.P.No.45/I/1992 Sections 79 & 80 of the Disposed of on 4.10.1992, as this Appeal has not
Rana Abdul Qadir and Negotiable court has already given its filed.
another Instruments Act 1881 decision on 14.11.1991 whereby
Vs. the said provisions of law have
Govt. of Pakistan been declared as repugnant to
the Injunctions of Islam (PLJ
1992 153)
899. S.P.No.46/I/1992 Sections 34-A and 34B Disposed of on 4.10.1992, as this Appeal has not
Rana Abdul Qadir Vs. of the Civil Procedure court has already given its filed.
Small Business Finance Code, 1908. decision on 14.11.1991 whereby
Corporation the said provisions of law have
been declared as repugnant to
the Injunctions of Islam (PLJ1992
153)
900. S.P.No.47/I/1992 Rules 4(1) (2)(a)(b)(c), Withdrawn on 24.5.1993 to file a Appeal has not
Muhammad Iqbal Khan Rule 3 and Rule 8 (5) fresh petition. filed.
Nazi issued by the Federal
Vs. Public Service
Federation of Pakistan Commission may be
declared as repugnant
to the Injunctions of
Quran and Sunnah
901. S.P.No.48/I/1992 Sections 38 & 19 of the Disposed of as withdrawn on Appeal has not
Dr.M.Aslam Khaki Vs. International Islamic 8.12.1997 filed.
Federation of Pakistan University Ordinance,
and another 1985
902. S.P.No.49/I/1992 Sections 43 & 25 of the Allowed on 16.12.2004. The Filed in the
Dr. M. Aslam Khaki Vs. University of Punjab Court has held that respondent Supreme Court
Govt: of Punjab and Lahore, Act 1973 No.1 is directed to suitable
another amend sections which have been
Linkedwith challenged in this petition , so as
S.P.No.32/I/1992 to incorporate provisions therein
Linkedwith that the Voice Chancellor would
S.P.No.33/I/1992 be debarred from participating in
Linkedwith the meeting in the syndicate
S.P.No.34/I/1992 before which the appeal of an
Linkedwith employee of the University
S.P.No.40/I/1992 challenged his adverse Order
Linkedwith passed qua him , is presented for
166
903. S.P.No.50/I/1992 Sections 42 & 24 of the Allowed on 16.12.2004. The Filed in the
Dr. M. Aslam Khaki Vs. Islamia University Court has held that respondent Supreme Court
Govt; of Punjab and Bahawalpur, Act 1975 No.1 is directed to suitable
anothers amend sections which have been
Linkedwith challenged in this petition , so as
S.P.No.32/I/1992 to incorporate provisions therein
Linkedwith that the Voice Chancellor would
S.P.No.33-I-1992 be debarred from participating in
Linkedwith the meeting in the syndicate
S.P.No.34/I/1992 before which the appeal of an
Linkedwith employee of the University
S.P.No.40/I/1992 challenged his adverse Order
Linkedwith passed qua him , is presented for
S.P.No.41/I/1992 adjudication .It has also been
Linkedwith observed that necessary
S.P.No.42/I/1992 amendments shall be carried out
Linkedwith within 6 months i.e. before the
S.P.No.49/I/1992 15.6.2005, failing which the
Linkedwith impugned provisions would
S.P.No.51/I/1992 cease to have legal effect PLD
Linkedwith 2005 FSC Page 3
Sh.P.No.39/L/1992
904. S.P.No.51/I/1992 Sections 39 & 241 of Allowed on 16.12.2004. The Filed in the
Dr. M. Aslam Khaki Vs. the University of Court has held that respondent Supreme Court
Govt. of NWFP and Peshawar, Act 1974 No.1 is directed to suitable
others amend sections which have been
Linkedwith challenged in this petition , so as
S.P.No.32/I/1992 to incorporate provisions therein
Linkedwith that the Voice Chancellor would
S.P.No.33/I/1992 be debarred from participating in
Linkedwith the meeting in the syndicate
S.P.No.34/I/1992 before which the appeal of an
Linkedwith employee of the University
S.P.No.40/I/1992 challenged his adverse Order
Linkedwith passed qua him , is presented for
S.P.No.41/I/1992 adjudication .It has also been
Linkedwith observed that necessary
S.P.No.42/I/1992 amendments shall be carried out
Linkedwith within 6 months i.e. before the
S.P.No.49/I/1992 15.6.2005, failing which the
Linkedwith impugned provisions would
S.P.No.50/I/1992 cease to have legal effect . PLD
Linkedwith 2005 FSC Page 3
Sh.P.No.39/L/1992
905. S.P.No.53/I/1992 Personal grievance Dismissed in limine on 4.10.1992. Appeal has not
Mst.Raj Bibi etc. The matter relating to legitimacy filed.
Vs. of children and presumption
The Federation of attached to it under Islamic Law
Pakistan falls within the domain of Muslim
personal Law and as such is out
side the ambit of this court
906. S.P.No.54/I/1992 Paragraph No.650 of Dismissed in limine on 24.5.1993 Appeal has not
167
912. S.P.No.62/I/1992 A.W Rules 225, 242, 243, Dismissed on 28.8.2009. No Appeal has not
Sh.Misc.Appl1-I-1998 244, 45,248,249 of injunction of Islam was shown to filed.
Dr.Muhammad Aslam Chapter 9 entitled. The have been violated if a prisoner
Khaki Vs. Federation of Classification and on transfer instead of travelling
Pakistan Separation of free in the lower class opts to
Prisoners. Rules travel in a batter class by paying
250,252,253,254,255,2 the difference in the fare from his
56,257,261,262,263,26 own pocket. PLD 2010 FSC Page
4,266,267 of Chapter 1
10 entitled Superior
Class Prisoners, Rules
180, 181, Chapter 7
entitled: General Rules
Relating to Prison
Officers. Section 30(2)
Prisons Act, 1894 and
Rules 624(f), 633 of
Chapter 25 entitled:
Prisoners in cells.
913. S.P.No.63/I/1992 Reserved seats of Chief Dismissed on 19.12.1993 being Appeal has not
Rani Ambreen Minister of Sindh for incompetent. However, in the filed.
Vs. admission in Medical petition the petitioner have
Chief Minister of Sindh College of Sindh shown her personal grievance
168
1993
S. No. Shariat Petition No. & Law Challenged FSC Decision Appeal filed in
Party Names the
Hon.Supreme
Court of
Pakistan or not
with Status
916. Rev. S.P.No.01–I/1993 Review against the Dismissed on 25.5.1993 having Appeal has not
Dr. Mehmood-ur- judgment dated barred by time. filed.
Rehman Faisal 1.9.1983 in SS.
Vs. No.240/83 challenging
Govt. of Pakistan Section 5(1) of the
Extradition Act, 1972
(regarding apply in
relation to return of a
person to, and to
persons return from)
being repugnant to
injunctions of Islam
917. S.P.No.01/I/1993 Provincially Dismissed in limine being Appeal not filed
Mst. Sardaran etc. Vs. Administrated Tribal incompetent on 25.5.1993 as the
Areas, Civil Procedure Court is not competent to
Govt. of NWFP (Special Provisions) examine procedural or
Regulation No.11 of regulation.
1975 challenged being
repugnant to
injunctions of Islam
918. Sh.P.No.1/L/1993 Section 49 of Punjab Dismissed on merit as observed Appeal not field
Muhammad Sharif Land Revenue Act by Hon’ble Court that petitioner
Vs. Mining Concession has come out with his personal
Federation of Pakistan Rules 1986, Rules 32 of grievance & therefore his petition
Linked With Punjab Minor Minerals does not fall within the ambit of
Sh.P.No.1/P/1996 Rules, 1990 challenged section vide court order dated
Linked With being repugnant to 23.1.2008.
Sh.P.No.61/I/1991 injunctions of Islam.
169
919. S.P.No.2 /L/1993 Section 48 of Transfer Petition was dismissed vide Appeal not filed
Din Muhammad & of Property Act, 1882 Court order dated 26.5.1993 with
others challenged being observation that Hon’ble Court
Vs. repugnant to has already considered points
Administrator Thar injunctions of Islam. involved in this petition and
Development Authority found that the same were not
repugnant to the injunctions of
Islam vide Court judgment dated
5.10.1982
920. S.P.No.02/I/1993 challenged judgment Dismissed being time-barred on Appeal not filed
Dr. Mehmood-ur- dated 12.10.1983 26.5.1993.
Rehman Faisal passed in Islamisation
Vs. of law public notice
Govt. of Pakistan etc. No.6(1983) regarding
of Court Act, 1976
being repugnant to
injunctions of Islam
921. S.P.No.03–I/1993 Article 10 & 120 of the Dismissed in limine on 25.5.1993 Appeal not filed
Haji Abdul Wahab Khan 1st Schedule of as the Court has already ordered
Vs. Islamic Republic of Limitation Act, 1908 for amendment in the law of
Pakistan regarding section 31 of Province of NWFP.
NWFP Pre emption Act,
1987 challenged being
repugnant to
injunctions of Islam
922. S.P.No.03/L/1993 Administrator Order Disposed of as withdrawn Appeal not filed
Rubina Shehzadi Vs. No.59 of 1982 issued 23.11.1994
Managing Direct PIAC by PIA challenged
etc. being repugnant to
injunctions of Islam
923. S.P.No.04/I/1993 Sections 133 (A) (b) of Allowed on 2.9.2008 with Appeal in filed in
Col. Retd Muhammad Pakistan Army Act, observation that non supply of Supreme Court
Akram Vs. 1952 regarding copy of judgment, deposition & of Pakistan
Fed: of Pakistan adjudication by Martial other record of the case to the Pending
Linked with Law Courts challenged convict person would tantamount
S.P.No.44/I/1993 being repugnant to to denial of justice to him as he
injunctions of Islam will not be in position to furnish
ground to assail his conviction as
right of appeal is substantive
right, the denial of copy of
judgment and of hearing in
appeal would amount to denial of
substantive right resulting ito
justice on touchstone of the
Quran and Sunnah of the Holy
Prophet (P.B.U.H) SD 2009 Page
321 ,PLJ 2010 FSC Page 291
924. S.P.No.04/L/1993 Section 54 of Disposed of as withdrawn Appeal has not
Muhammad Nawaz Vs. Cooperative Housing 26.05.1994 filed.
Govt. of Pakistan Societies Act,
1925challenged being
repugnant to
injunctions of Islam
925. Sh.P.No.4/K/1993 Challenged Article 6(2) Dismissed because the Court has Appeal has not
Malik Muhammad of the Electoral Roll no jurisdiction to here this filed.
Usman Act, 1974. petition.
Vs Order dated; 22-7-1993
The Government of
Pakistan
926. S.P.No.05/I/1993 Articles 1,14 &18 of Dismissed in limine on 25.5.1993 Appeal not filed
Dr. Mehmood-ur- Extradition Treaty being not maintainable as this
Rehman Faisal dated 22.12.1931 Court is not competent to
Vs. challenged being examine the treaties and
Govt. of Pakistan repugnant to agreements.
injunctions of Islam
927. S.P.No.05/L/1993 Banking Companies Petition returned on 8.7./1993 Appeal not filed
Saleem Raza Rules, 1980 regarding being not with the consonance of
170
Usman
Vs
The Government of
Pakistan
955. S.P.No.16/I/1993 Section 5(1)(c) of the The judgment on the same The Appeal has
Sabz Ali Punjab Tenancy Act, subject matter was passed in been filed and
Vs. 1887 as applicable to linked S.P No.06-I/1993 on has been
Province of NWFP NWFP challenged 6.7.1998 dismissed for
being repugnant to non prosecution
injunctions of Islam on 18-10-2004
956. S.P.No.16/L/1993 Recovery of bank Dismissed as petition pertains to Appeal filed in
Sumaira Qamar interest from personal grievance vide court the Hon’ble
Vs. petitioner (personal order dated 30.11.1993. Supreme Court
Chairman ADBP etc. grievance) challenged of Pakistan
being repugnant to
injunctions of Islam
957. Sh.P.No.16/K/1993 Challenged Sales Tax Disposed of as withdrawn. Appeal has not
Malik Muhammad Act, 1990. Order dated 21-7-1993. filed.
Usman
Vs
The Government of
Pakistan
958. S.P.No.17/I/1993 Section 5(1)(c) of the The judgment on the same The Appeal has
Khan Wali Punjab Tenancy Act, subject matter was passed in been filed and
Vs. 1887 as applicable to linked S.P No.06-I/1993 on has been
Province of NWFP etc. NWFP challenged 6.7.1998 dismissed for
being repugnant to non prosecution
injunctions of Islam on 18-10-2004
959. S.P.No.17/L/1993 No specific law has Dismissed as petition showing Appeal not filed
Khurshid Ahmed Vs. been challenged being personal grievance and no in the Hon’ble
Irshad Bibi etc. repugnant to specific law has been challenged Supreme Court
injunctions of Islam vide Court order dated of Pakistan
30.11.1993.
960. Sh.P.No.17/K/1993 Challenged Civil Disposed of as withdrawn. Appeal has not
Malik Muhammad Servant Act, 1973. The Court has already been filed.
Usman examined this matter in
Vs S.S.M.NO.263-A-1983 reported in
The Government of PLD-1984 FSC-32.
Pakistan Order dated 21-7-1993.
961. S.P.No.18/I/1993 Section 5(1)(c) of the The judgment on the same The Appeal has
Sardar Kaloo Punjab Tenancy Act, subject matter was passed in been filed and
Vs. 1887 as applicable to linked S.P No.06-I/1993 on has been
Province of NWFP NWFP challenged 6.7.1998 dismissed for
being repugnant to non prosecution
injunctions of Islam on 18-10-2004
962. S.P.No.18/L/1993 Interest Act, 1839 Petition was dismissed being Appeal not filed
Pir Bux regarding recovery of misconceived on 30.11.1993 as in the Hon’ble
Vs. interest challenged points involved in this petition Supreme Court
Federation of Pakistan being repugnant to have already been decided vide of Pakistan
etc. injunctions of Islam PLD 1992 FSC 1 (Dr. Mehmood-
ur-Rehman Faisal Vs. Secretary
Ministry of Law & Justice)
963. Sh.P.No.18/K/1993 Sub Clause 5 of Disposed of as withdrawn. Appeal has not
Pakistan National standing order 15 of Order dated 15-1-2009. filed.
Workers etc Industrial and
Vs commercial
The Government of Employment (standing
Pakistan Order) Ordinance,
1968 and sub Clause 5
of Sec. 15 of Road
Transport workers
Ordinance. 1952
964. S.P.No.19/I/1993 Section 3 of the Works Dismissed on 18.9.2007 being Appeal not filed
Haji Muhammad of Defense Act, 1903 & not maintainable as the matter
Mumtaz Ali Gazette Notification belongs to seeking relief on his
Vs. No. SRD-939 (I/79) personal grievance
Federation of Pakistan (regarding denial of
177
easement rights in
agricultural land
within cantonment
area) challenged being
repugnant to
injunctions of Islam.
965. S.P.No.19/L/1993 Recovery of bank Dismissed as petition pertains to Appeal not filed
Mst. Fakhra Siddique interest from personal grievance vide court
etc. petitioner (personal order dated 07.05.1994.
Vs. grievance regarding
HBL & others recovery of interest)
challenged being
repugnant to
injunctions of Islam
966. S.P.No.20/I/1993 Service Tribunal Act, Dismissed on 22.1.2008 with Appeal not filed
I.A Sherwani 1973 & Service observation that there is nothing
Vs. Tribunal (Qualification in the matters which may be
Fed: of Pakistan of Member) Rules, termed as repugnant to the
L/W 1973 challenged being Quran and Sunnah.
S.S.No.01/I/1993 repugnant to
L/W injunctions of Islam
S.S.No.02/I/1993
L/W
S.S.No.03/I/1993
L/W
S.S.No.04/I/1993
L/W
S.S.No.05/I/1993
967. Sh.P.No.20/K/1993 Challenged section Dismissed. Appeal has not
M/s. Banking Trade 6(1), 9 & 15 of the The petitioner could no lay his filed.
Service banking Tribunal hand to anything contained in
Vs Ordinance, 1984. Quran and Sunnah which
Islamic Republic of opposes the contents of the said
Pakistan. sections of the Banking Tribunal
Ordinance.
Order dated; 11-5-2007.
968. S.P.No.21/I/1993 Section 5(1)(c) of the The judgment on the same The Appeal has
Qari Abaidullah Punjab Tenancy Act, subject matter was passed in been filed and
Vs. 1887 as applicable to linked S.P No.06-I/1993 on has been
Province of NWFP etc. NWFP challenged 6.7.1998 dismissed for
being repugnant to non prosecution
injunctions of Islam on 18-10-2004
969. Sh.P.No.21/K/1993 Challenged the Interest Dismissed in limine. Appeal has not
Syed Khateebul Islam of Banks on the ground The Court has already held in filed.
Kazmi being repugnant to the Judgment reported as PLD-1992
Vs Injunctions of Islam. FSC-1.
Special Court of Order dated; 3-12-1995
Banking of Sindh and
another
970. S.P.No.22/I/1993 Law relating to The judgment on the same The Appeal has
Sian Muhammad Vs. occupancy, Tenants and subject matter was passed in been filed and
Province of NWFP Landlord in NWFP linked S.P No.06-I/1993 on has been
challenged being 6.7.1998 dismissed for
repugnant to non prosecution
injunctions of Islam on 18-10-2004
971. S.P.No.23/I/1993 Section 4(15), 567 & The judgment on the same The Appeal has
Qazi Muhammad Sadiq 11 of Punjab Tenancy subject matter was passed in been filed and
Vs. Act, 1987, Hazara linked S.P No.06-I/1993 on has been
Province of NWFP Tenancy Regulation, 6.7.1998 dismissed for
1987, NWFP Tenancy non prosecution
(Fixation of on 18-10-2004
Compensation to the
Landlords) Rule, 1981,
section 4 & 4(a) of
NWFP Tenancy Act,
1992, NWFP Abolition
of Jagirs Act, 1952
challenged being
178
repugnant to
injunctions of Islam
972. S.P.No.24/I/1993 Section 4(15), 567 & The judgment on the same The Appeal has
Muhammad Daub Vs. 11 of Punjab Tenancy subject matter was passed in been filed and
Province of NWFP Act, 1987, Hazara linked S.P No.06-I/1993 on has been
Tenancy Regulation, 6.7.1998 dismissed for
1987, NWFP Tenancy non prosecution
(Fixation of on 18-10-2004
Compensation to the
Landlords) Rule, 1981,
section 4 & 4(a) of
NWFP Tenancy Act,
1992, NWFP Abolition
of Jagirs Act, 1952
challenged being
repugnant to
injunctions of Islam
973. S.P.No.25/I/1993 Section 4 of Banking Dismissed on 03.12.1995 as the Appeal has not
Mrs. Mahjabeen & Company (Recovery of judgment in the same subject filed in Supreme
others Loans) Ord. 1979 matter has already been passed Court
Vs. regarding recovery of in S.P.No.30-I/1990 on
The Fed: of Pakistan interest / personal 14.11.1991 vide PLD 1992 page
grievance challenged 1.
being repugnant to
injunctions of Islam
974. S.P.No.27/I/1993 Civil Servant Act, 1973 Dismissed on 17.1.1994 with Appeal has not
Muhammad Yakoob Vs. and Rules 3(1)(a),7,8 & observation that by making filed.
Govt. of Pakistan 9 of Civil Servant promotion/transfer to various
(Appointment, posts, the DPS or CSB is a proper
Promotion & Transfer) forum which can go deep into the
Rule, 1973 challenged merits of each case and make
being repugnant to recommendation accordingly.
injunctions of Islam
975. Sh.P.No.28/I/1993 The Petitioner has The Hon’ble S/Court Shariat
I.A.Sherwani Vs. challenged para 1(IV) appellate Bench has already
Govt of Pakitan etc of the MFOM No. decided in “Fedeation of Pakistan
L/W (4)F,12(2)-RI/53 Vs. I.A.Shearwani and 3 others
S.P.No.27/I/1994 dt.24.3.1995 the reported in 2005 SCMR,292-
L/w petitioner has against the Judgement
WS.P.No.25/I/1994 submitted that the dt.14.10.1992 of the FSC, in view
L/w policy of family persion of the decision of the Hon:S.Court
S.P.No.2/I/1998 during ythe period of this petition has be came
L/W IDDAT against the infructuous and dispoed of
S.P.No.4/I./1995 injuction of Islam, accordingly 12.9.2007.
L/W
Sh. Misc: No.20/I/1995
976. S.P.No.29/I/1993 The petitioner ha ve The court has declear that Appeal filed in
Allah Rakha chelleng section 4,5,6, section 4 of the ord. has the Supreme
Vs. and 7 of the muslim repugnant to the injuction of Court of
Fed: of Pakistan etc. family laws ord.1961 islam while section 5 and 6 are Pakistan and
L/W being repugnant to not repugnant of the islam
pending.
S.P.No.32/I/1993 the injuction of islam. howover section 7 of the muslim
L/W family laws ord.1961 as whole
S.P.No.37/IO/1993 can not been declear as violative
L/W of injuction of islam but sub
S.P.No.42/I/1993 section 3 and sub section 5 have
L/W bee n held to be repujnant to the
S.P.No.13/L/1993 injuction of Islam.5.1.2000.
L/W PLD 2000 FSC Page-1.
S.P.No.3/I/1994
L/W
S.P.No.28/I./1994
L/W
S.P.No.6/L/1994
L/W
S.P.No.10/L/1994
L/W
11/L/1994
179
L/W
S.P.No.15,18,19,7,/I/.19
95 etc
977. S.P.No.30/I/1993 Finance Division O.M Disposed of as withdrawn on Appeal filed.
B.A Malik No. F.8(12) R 30/92 18.1.1994
Vs. (Part 48), dated
Federation of Pakistan 18.9.1993 regarding
discrimination in grant
of secretariat
allowance for
employees working in
Federal Secretariat
challenged being
repugnant to
injunctions of Islam
978. S.P.No.31/I/1993 Section 2(2) GG of Dismissed as withdrawn on Appeal not filed
Muhammad Sharif Vs. section 4 of Urban 14.2.2002
Govt. of Punjab etc. Immovable Property
Tax Act, 1958
challenged being
repugnant to
injunctions of Islam
979. S.P.No.32/I/1993 Section 4 of Muslim The court has declear that Appeal not filed
Rehmat Khan Family Law Ord. 1961 section 4 of the ord. has
Vs. (regarding inheritance repugnant to the injuction of
Fed: of Pakistan` of offspring of islam while section 5 and 6 are
predeceased living at not repugnant of the islam
the of opening howover section 7 of the muslim
succession) challenged family laws ord.1961 as whole
being repugnant to can not been declear as violative
injunctions of Islam of injuction of islam but sub
section 3 and sub section 5 have
bee n held to be repujnant to the
injuction of Islam.5.1.2000.
980. S.P.No.33/I/1993 Pakistan Army Order Dismissed for non- prosecution Appeal has not
Dr. Mehmood-ur- No. PAO 673171 dated on 27.5.2008 filed.
Rehman Faisal 5.10.1971 (regarding
Vs. severe discrimination
Govt. of Pakistan between civil & army
employees of GHQ
about medical facility
in Hospital during the
service and after
retirement)challenged
being repugnant to
injunctions of Islam
981. S.P.No.34/I/1993 Section 30 of HBFC Act, Dismissed on 08.12.1993 being of Appeal not filed
Ghulam Farid 1952 regarding personal grievance
Vs. recovery of interest
Federation of Pakistan challenged being
repugnant to
injunctions of Islam.
982. S.P.No.35/I/1993 Section 30 of Contract Dismissed on 11.12.1995 being Appeal not filed
Nadeem Mukhtar Vs. Act, 1872 regarding incompetent as the Court has
Federation of Pakistan exception in favour of already examined this provision
certain price horse of law vide judgment dated
racing challenged 20.10.1983 passed in S.S.M
being repugnant to No.01/1982.
injunctions of Islam.
983. S.P.No.36/I/1993 Article 40 of Qanoon-e- Dismissed having no substance Appeal not filed
Nadeem Mukhtar Shahadat Order, 1984 on 30.5.2007.
Chaudhry (regarding how much
Vs. information received
Federation of Pakistan from accused may be
L/W proved) challenged
S.P.No.23/I/1994 & being repugnant to
S.P.No.1/K/1995 injunctions of Islam.
180
984. S.P.No.37/I/1993 Section 4 of Muslim The court has declear that Appeal not filed
Mst. Gul Ryazan Family Law Ord. 1961 section 4 of the ord. has
Vs. challenged being repugnant to the injuction of
Federation of Pakistan repugnant to islam while section 5 and 6 are
injunctions of Islam. not repugnant of the islam
howover section 7 of the muslim
family laws ord.1961 as whole
can not been declear as violative
of injuction of islam but sub
section 3 and sub section 5 have
bee n held to be repujnant to the
injuction of Islam.5.1.2000.
985. S.P.No.38/I/1993 Section 17(1-A) of Disposed of on 17.1.1994 as same Appeal has not
Afzal Ahmed etc. Wapda Act, 1958 order passed in S.P.No.66-I/1992 filed.
Vs. pertaining to Wapda which reported that in view of
Govt. of Pakistan employees challenged the judgment of Hon’ble
L/W being repugnant to Appellate Bench of Supreme
S.P.No.66/I/1992 injunctions of Islam. Court, this Court allowed these
petitions only to the extent of
retirement / removal from
service without assigning any
reason and affording proper
opportunity of hearing.
986. S.P.No.39/I/1993 Martial Law Order Dismissed on 10.12.1995 the Appeal not filed
Sattar Bazmi No.35 regarding matter of personal grievance.
Vs. removal from service
Govt. of Pakistan challenged being
repugnant to
injunctions of Islam
987. S.P.No.40/I/1993 Enforcement of NWFP Disposed of on 12.3.2008 being Appeal not filed
Muhammad Ali Khan Pre emption Act, 1992 infructuous.
Vs. regarding pre emption
Govt. of NWFP rights challenged being
repugnant to
injunctions of Islam
988. S.P.No.41/I/1993 Rule 1.5 (1)(a) & Part Disposed of having withdrawn on Appeal not filed
Javed Ahmed VII Rule 1.13(1)(a) of 23.1.2001.
Vs. the Punjab General
Govt. of Punjab Provident Fund Rules,
1978 regarding
charging interest
challenged being
repugnant to
injunctions of Islam
989. S.P.No.42/I/1993 Section 4 of Muslim The court has declear that Appeal not filed
Raja Muhammad Ayub Family Law Ord. 1961 section 4 of the ord. has
Vs. (regarding inheritance repugnant to the injuction of
Fed: of Pakistan of offspring of islam while section 5 and 6 are
predeceased living at not repugnant of the islam
the of opening howover section 7 of the muslim
succession) challenged family laws ord.1961 as whole
being repugnant to can not been declear as violative
injunctions of Islam of injuction of islam but sub
section 3 and sub section 5 have
bee n held to be repujnant to the
injuction of Islam.5.1.2000.
990. S.P.No.43/I/1993 Subsection (c) of Dismissed in limine on 8.1.1994 Appeal has filed.
Allama Bishop Danial section 295 PPC (use of being incompetent as the Full And has been
Tasleem derogatory remarks Bench of this Court comprising of dismissed for
Vs. about Holy Prophet 5 judges has already examined non proceuction
Federal Govt. of P.B.U.H) challenged the impugned law in S.P No.6- on 21.4.2009.
Pakistan being repugnant to L/1987 and delivered judgment
injunctions of Islam on 30.10.1990 reported as PLD
1991 FSC page 10.
991. S.P.No.44/I/1993S. Sections 133 (A) (b) of Allowed on 2.9.2008 with Appeal in filed in
Col. Retd Muhammad Pakistan Army Act, observation that non supply of Supreme Court
Akram Vs. 1952 regarding copy of judgment, deposition & of Pakistan
Fed: of Pakistan adjudication by Martial other record of the case to the Pending
181
1994
S. No. Shariat Petition No. & Law Challenged FSC Decision Appeal filed in
Party Names the
Hon.Supreme
Court of
Pakistan or not
with Status
992. Sh.P.No.1/I/1994 Filed petition and Due to personal grievance the Appeal has not
Allah Dino prayed that this Court petition has dismissed. filed.
Vs give direction to senior Order dated; 18-1-1994.
Government of Pakistan member of Board of
Revenue Sindh
Hyderabad to dispose
of filed case within a
Specific pried.
993. S.P.No.1/L/1994 To Challenge the Dismissed in limine for want of Appeal has not
Muhammad Ashraf Vs. Riba/mark-up of jurisdiction.3.12.1995 filed.
The Manager, Rs.2,36,400/-
Agriculture
Development Bank of
Pakistan, Phalia and
two others
994. Rew.Sh.P.No.1/I of 1994 Filed review of FSC Disposed of as withdrawn. Appeal has not
Col(Retd) Muhammad Judgment dated 13-10- Order dated; 27-5-2008 filed.
Akram 1983 in SSM No. 85/82
Vs regarding Secs.16 and
Federation of Pakistan 17 of Pakistan Army
Act, 1952 and Rules &
Regulation as being to
Linked with the repugnant to the in
Injunctions of Islam.
Rew.Sh.P.No.3/I of 1994
Linked with
Filed review of FSC
Judgment dated 13-10-
1983 in SSM No. 85/82
Sh.P.No.4/I/1993 regarding Secs.65 and
66 of Pakistan Army
Act, 1952 and Rules &
Regulation as being to
the repugnant to the in
Injunctions of Islam.
995. Sh.P.No.1/K/1994 Challenged the Dismissed in limine on Appeal has not
Haji Babar Hussain Provision of Section 28.11.1995 as this petition filed.
Vs 5(7) of Family Court pertains to personal grievance
Mst. Fareeda Naz Act, 1964 as repugnant and as such the out of jurisdiction
to the Injunctions of of this Court.
Islam.
That the Court be
pleased to prevent the
respondent from
denying her marriage
182
Sh.Msic.No.33 of 1994
997. Sh.P.No.2/I/1994 Challenged Finance Dismissed as withdrawn. Appeal has not
S. Liaqat Binori Division O.M.No.F.2 (9) Order dated; 4-6-2002. filed.
Vs R-5/81 dated 27-6-
Federation of Pakistan 1981. Which provide
the schedule for the
rate of house rent
admissible to the
employees of the
Government?
998. S.P.No.2/L/1994 To challenge the Dismissed in limine for want of Appeal has not
Malik Altaf Hussain Vs. amount of interest of jurisdiction.3-12-1995 filed.
Allied Bank of Pakistan Rs.68,547/40
Limited etc.
999. S.P.No.02/K/1994 Section 34(a)(b)(f) of Petition was dismissed in limine Appeal has not
Suhail Hameed Pakistan Army Act, on 29.11.1995 as the matter in filed
Vs 1952 (regarding question has already been
President of Pakistan armies’ separate examined by this Court.
judicial system)
challenged being
repugnant to
injunctions of Islam
1000. Sh.P.No.3/I/1994 Section 4 of Muslim The Court has declared that the Appeal has not
Zar khan and others Family Lawss Muslim Family Laws Ordinance, filed.
Vs Ordinance,1961 1961 are repugnant to the
Government of Pakistan Injunction of Islam and it is
directed that the president of the
Islamic Republic of Pakistan shall
take steps to amend the law so as
to bring the above provisions into
conformity with the injunctions
of Islam.
Judgment dated; 05-01-2000.PLD
2000, FSC Page 1
1001. S.P.No.3/L/1994 To Challenge the Dismissed in limine for want of Appeal has not
Mian Hidayat Hussain amount of interest. jurisdiction.3-12-1995 filed.
Bhatti from the petitioner is
Vs. repugnant to
A.D.P.B and one other injunction of Islam.
1002. Sh.P.No.3/K/1994 Stated that During Hajj Dismissed in limine. Appeal has not
Mst. Suraya Begum the petitioner has seen No law has been challenged in filed.
Vs the Pakistani ladies this petition as offending any
Government of Pakistan without observing a Injunctions of Islam.
proper dress on their Order dated; 12-12-1995.
bodies and observing
parda properly in view
of the Injunctions of
the Holy Quran and
Sunnah.
1003. Sh.P.No.4/I/1994 Challenged Section The Court has declared that the Appeal not filed
Dr. M.Aslam Khaki 7(3) of Muslim Family Muslim Family Laws Ordinance,
Vs Laws Ordinance, 1961. 1961 are repugnant to the
Federation of Pakistan Injunction of Islam and it is
Linked with directed that the president of the
Rew.Sh.P.No.1/I of 1994 Islamic Republic of Pakistan shall
Linked with take steps to amend the law so as
Rew.Sh.P.No.3/I of 1994 to bring the above provisions into
conformity with the injunctions
of Islam.
183
1020. Sh.P.No.15/L/1994 Challenged Notification Same judgment delivered on Appeal has not
M/S Mehran Comfort of the Federal 24.9.2001 in S.P.No.14-L-1994 filed.
(Pvt) Ltd. Vs. Government S.R.O
Govt. of Pakistan etc. 420(1) /91 dated
9.5.1991
1021. Sh.P.No.16/I/1994 Challenged Section 5 of Disposed of. Appeal has not
Mst. Abida Tasneem etc the Muslim Family The Court has already been filed.
Vs Laws Ordinance, 1961 discussed this point in Shariat
Government of Pakistan providing for the petition No. 29/I/1993.
registration of Order dated; 5-1-2000. PLD 2000
marriage is repugnant FSC Page 1.
to the Injunctions of
Islam.
1022. Sh.P.No.16/L/1994 Challenged Notification Same judgment delivered on Appeal has not
M/S Mehran Comfort of the Federal 24.9.2001 in S.P.No.14-L-1994 filed.
(Pvt) Ltd. Vs. Government S.R.O.
Govt. of Pakistan etc. 421(1)/91, dated
9.5.1991.
1023. Sh.P.No.17/I/1994 Challenged section 25 Dismissed in limine. Appeal has not
Muhammad Sharif of ADBP, 1961 and Rule The Court has already been filed.
Vs 17 of ADBP on the delivered a Judgment on Interest.
Federation of Pakistan ground that the Order dated; 16-2-1995.
interest is repugnant to
the Injunctions of
Islam.
1024. Sh.P.No.17/L/1994 Challenged portion of Disposed of as withdrawn on Appeal has not
Diamond Corporation Section 31-A of Custom 10.6.1998 filed.
(Pvt) Limited Act, 1969 is repugnant
Vs. to the Injunctions of
Govt: of Pakistan etc Islam.
1025. Sh.P.No.18/I/1994 The petitioner is a Dismissed. Appeal has not
Muhammad Nawaz constable in the Punjab The Court has declared that filed.
Vs Police, challenged the “saluting” a senior in police
Government of Pakistan Salute, which a department or in armed forces or
member of the police is in Para-military establishments,
expected to render to is not repugnant to the injuction
his senior is Un-Islamic of Islam.
and is just and other Order dated; 12-4-2007
form of the Fir-owni
Sajida.
1026. Sh.P.No.18/L/1994 Challenged Notification Same judgment delivered on Appeal has not
Diamond Corporation of the Federal 24.9.2001 in S.P.No.14-L-1994 filed.
(Pvt) Limited Government S.R.O
Vs. 419(1)/91 dated
Government of Pakistan 9.5.1991 is repugnant
etc to the Injunctions of
Islam.
1027. Sh.P.No.19/I/1994 Challenged the Interest Dismissed in limine. Appeal has not
M/s Atif Floor Mills Act, 1839. The Court has already been filed.
Vs examined the provision of
Federation of Pakistan Interest in different petition.
Order dated; 16-2-1995
1028. Sh.P.No.19/L/1994 Challenged Notification Same judgment delivered on Appeal has not
Diamond Corporation of the Federal 24.9.2001 in S.P.No.14-L-1994 filed.
(Pvt) Limited Vs. Govt: Government S.R.O
of Pakistan etc 420(1)/91 dates
9.5.1991 is repugnant
to the Injunctions of
Islam.
1029. Sh.P.No.20/I/1994 Challenged Section Dismissed in limine. Appeal has not
M/s Fazal Engineering 8(2) a & b of Banking The Court has already been filed.
Company, LTD etc Company (Recovery of examined the provision of
Vs Loans) Ordinance, Interest in deferent petition.
Government of Pakistan 1979. Order dated; 16-2-1995
1030. S.P.No.20/L/1994 Challenged Notification Same judgment delivered on Appeal has not
Diamond Corporation of the Federal 24.9.2001 in S.P.No.14-L-1994 filed.
(Pvt) Limited Government S.R.O
186
1034. Sh.P.No.22/L/1994 Challenged Notification Same judgment delivered on Appeal has not
Crescent Industrial of the Federal 24.9.2001 in S.P.No.14-L-1994 filed.
(Gadoon) Government S.R.O
Vs. 419(1)/91 date
Govt: of Pakistan etc 9.5.1991 is repugnant
to the Injunctions of
Islam.
1035. Sh.P.No.23/L/1994 Challenged Notification Same judgment delivered on Appeal has not
Crescent Industrial of the Federal 24.9.2001 in S.P.No.14-L-1994 filed.
(Gadoon) Government S.R.O
Vs. 420(1)/91 date
Govt: of Pakistan etc 9.5.1991 is repugnant
to the Injunctions of
Islam.
1036. Sh.P.No.24/I/1994 Requested that this Dismissed in limine. Appeal has not
Khalid Khawaja Court Implement of Because the petition does not fall filed.
Vs Article 62 & 63 of the within the jurisdiction of this
Government of Pakistan Constitution of Court.
Pakistan. Order dated; 16-2-1995
1037. Sh.P.No.24/L/1994 Challenged Same judgment delivered on Appeal has not
Crescent Industrial Notitfication of the 24.9.2001 in S.P.No.14-L-1994 filed.
(Gadoon) Fedral Government
Vs. S.R.O 421(1)/91 dated
Govt: of Pakistan etc 9.5.1991 is repugnant
to the Injunctions of
Islam.
1038. Sh.P.No.25/L/1994 Challenged portion of Disposed of as withdrawn on Appeal has not
Diamond Corporation Section 31-A of Custom 10.6.1998 filed.
(Pvt) Limited Act, 1969 is repugnant
Vs. to the Injunctions of
Govt: of Pakistan etc Islam.
1039. Sh.P.No.25/I/1994 In this petition The Hon’ble S/Court Shariat Appeal has not
I.A.Sherwani Vs. challenged appellate Bench has already filed.
Govt of Pakitan etc O.M.No.F.1(9)I- decided in “Fedeation of Pakistan
L/W P/1994,dt.26.3.1994 Vs. I.A.Shearwani and 3 others
S.P.No.27/I/1994 and O.M.No.F.`1(2) reported in 2005 SCMR,292-
L/w Imp/1994(1)dt.15.6.19 against the Judgement
WS.P.No.28/I/1993 94, the petitioner seek dt.14.10.1992 of the FSC, in view
L/w the challenged the of the decision of the Hon:S.Court
S.P.No.2/I/1998 policy adopted by the this petition has be came
L/W Govt. of deliberate infructuous and dispoed of
S.P.No.4/I./1995 discrimination against accordingly 12.9.2007.
L/W the pensioners which is
Sh. Misc: No.20/I/1995 against the injuction of
Islam.
1040. Sh.P.No.26/I/1994 Challenged Section 6 of The court has declear that Appeal is not
187
M. Iqbal Kowkab the Muslim Family section 4 of the ord. has Filed in the
Vs Laws Ordinance, 1961. repugnant to the injuction of Supreme Court
Federation of Pakistan islam while section 5 and 6 are
not repugnant of the islam
howover section 7 of the muslim
family laws ord.1961 as whole
can not been declear as violative
of injuction of islam but sub
section 3 and sub section 5 have
bee n held to be repujnant to the
injuction of Islam.5.1.2000. PLD
2000 FSC Page 1.
1041. Sh.P.No.26/L/1994 Challenged Notification Same judgment delivered on Appeal has not
Diamond Corporation of the Federal 24.9.2001 in S.P.No.14-L-1994 filed.
(Pvt) Limited Government S.R.O No.
Vs. 419(1)/91 date
Govt: of Pakistan etc 9.5.1991 is repugnant
to the Injunctions of
Islam.
1042. Sh.P.No.27/L/1994 Challenged Notification Same judgment delivered on Appeal has not
Diamond Corporation of the Federal 24.9.2001 in S.P.No.14-L-1994 filed.
(Pvt) Limited Government S.R.O No.
Vs. 420(1)/1991 dated
Govt: of Pakistan etc 9.5.1991 is repugnant
to the Injunctions of
Islam.
1043. S.P.No.27/I/1994 The petitioner prayed The Hon’ble S/Court Shariat
Ex Sevice man in these theat also may appellate Bench has already
Association talagnag kindly be granted 35% decided in “Fedeation of Pakistan
Vs. Adhoc increase in the Vs. I.A.Shearwani and 3 others
Govt of Pakistan pension as allowed to reported in 2005 SCMR,292-
L/w Sh.P.No.25/I/1994 serving civilians and against the Judgement
L/w military personnals by dt.14.10.1992 of the FSC, in view
WS.P.No.28/I/1993 the Goverenment. of the decision of the Hon:S.Court
L/w this petition has become
S.P.No.2/I/1998 infructuous and dispoed of
L/W accordingly 12.9.2007.
S.P.No.4/I./1995
L/W
Sh. Misc: No.20/I/1995
1044. Sh.P.No.28/I/1994 Challenged section 4 of . The court has declear that Appeal not Filed
Syed Ibrar Husain the Muslim Family section 4 of the ord. has in the Supreme
Vs Laws Ordinance, 1961. repugnant to the injuction of Court
Federation of Pakistan islam while section 5 and 6 are
not repugnant of the islam
howover section 7 of the muslim
family laws ord.1961 as whole
can not been declear as violative
of injuction of islam but sub
section 3 and sub section 5 have
bee n held to be repujnant to the
injuction of Islam.5.1.2000. PLD
2000 FSC Page 1
1045. Sh.P.No.28/L/1994 Challenged Notification Same judgment delivered on Appeal has not
Diamond Corporation of the Federal 24.9.2001 in S.P.No.14-L-1994 filed.
(Pvt) Limited Government S.R.O No.
Vs. 421(1)/1991 dated
Govt: of Pakistan etc 9.5.1991 is repugnant
to the Injunctions of
Islam.
1046. Sh.P.No.29/I/1994 Article 16 Qanoon-e- Dismissed as withdrawn. Appeal has not
Nadeem Mukhtar Shahadat Order Order dated;16-2-1995 filed.
Choudhary Act,1984
Vs
Federation of Pakistan
1047. Sh.P.No.29/L/1994 Challenged portion of Disposed of as withdrawn on Appeal has not
Khyber Plastic and section 31-A of the 10.6.1998 filed.
Polymer Customs Act (Act IV of
188
Friday.
1995
S. No. Shariat Petition No. & Law Challenged FSC Decision Appeal filed in
Party Names the
Hon.Supreme
Court of
Pakistan or not
with Status
1057. S.P.No.1/I/1995 Civil Servants Act, 1973 Dismissed in default for non Appeal has not
Jamsheed A Hameed & 1974 prosecution on 22.11.2000 filed.
Vs.
Govt: of Pakistan
1058. Sh.P.No.1/L/1995 Challenged the Dismissed in limine on Appeal has not
Muhammad Nazir provisions of section 10.12.1995 for want of filed.
Cheema 3(33) of the General jurisdiction and the petition is
Vs. Clauses Act, Section 30 incompetent.
Islamic Republic of of the Punjab Pre-
Pakistan. emption Act and
section 25 of the
Limitation Act being
repugnant to
injunctions of Islam.
1059. S.P No.01–P/1995 Judgment passed by Dismissed in limine on 3.12.1995 Appeal has not
Shahabuddin Barq Peshawar High Court as the matter is out of jurisdiction filed.
Vs. on 29.3.1995 regarding of this Court
Peshawar High Court recovery of interest
challenged being
repugnant to
injunctions of Islam
1060. S.P.No.2/I/1995 Section III(h) of Dismissed as withdrawn on Appeal has not
Haji Muhammad Ayub transfer of Property 27.11.1995 filed.
Vs. Act, 1882
Federation of Pakistan
1061. Sh.P.No.2/ L/1995 Challenged sections 90, Dismissed in limine on Appeal not filed
Maj (Retd) Moen-ud- 119 and 126 of the 29.11.1995 for want of
Din Qureshi etc Pakistan Army Act, jurisdiction.
Vs. 1952 and section
Islamic Republic of 277(d) of the Army
Pakistan Regulations Volume II
(Instructions), 1991
being repugnant to
injunctions of Islam.
1062. S.P.No.02/K/1995 Declaration that Dismissed on 31.7.2001 that the Appeal has not
Suhail Hameed judgment passed by Hon’ble Court did not find any filed.
Vs. Supreme Court in force in this petition.
Federation of Pakistan Cr.A.No.11/1978
Zulfiqar Ali Bhutto Vs.
The State challenged
being repugnant to
injunctions of Islam
1063. S.P.No.3/I/1995 Personal grievance Dismissed in limine on Appeal has not
Qazi Khalid Ali etc 12.12.1995 as the petitioner has filed.
Vs. not challenge any law
Federation of Pakistan
1064. Sh.P.No.3/L/1995 Challenged Rules 15, Dismissed in limine on Appeal has not
Arshad Ali 17 and 22 of the 03.12.1995 for want of filed.
Vs. Agricultural jurisdiction.
Agricultural Development Bank
Development Bank of Ordinance, 1961 being
Pakistan etc repugnant to
injunctions of Islam.
1065. Sh.P.No. 3/K/1995 Challenged. Dismissed in limine. Appeal has not
Qari Khurshid Ahmed 1- Television Broadcast The Petitioner has not pointed filed.
Vs Receiving Satellite out any provision in the
Federation of Pakistan Antenna (Possession impugned Rule which was
etc and Licensing) Rules, against the Injunctions of Islam.
190
1996
S. No. Shariat Petition No. & Law Challenged FSC Decision Appeal filed in
Party Names the
Hon.Supreme
Court of
Pakistan or not
with Status
1092. S.P.No.1/I/1996 Sec.8(2),8(2)(a) of Disposed of as withdrawn on Appeal has not
Syed Iqbal Ali Zaidi Vs. Banking Companies 30.6.1997, in view of the repeal filed.
Secy. M/o Law, (Recovery of of law which has been questioned
Islamabad. Loan)Ordinance,1979 through this petition.
L/W
S.P.No.61/I/1991
1093. S.P.No.2/I/1996 The petitioner has Disposed of on 5-1-2000 in term Not Filed in
Dost Muhammad challeneged section “6” of detailed Judgment of even date Supreme Court.
Vs. of the Muslim Family recorded in S.P.No.29/I/1993
Federal Government of Laws Ordinance 1961 PLD 2000-FSC Page 1
Pakistan being against the
injunction of Islam.
1094. S.P.No.3/I/1996 The petitioner has Disposed of on 5-1-2000 in term Not Filed in
Muhammad Siddique challeneged section “4” of detailed Judgment of even date Supreme Court.
193
1103. Sh.P.No.04/L/1996 Recovery of bank Having no merits dismissed in Appeal has not
Rehmani Hardwar Store interest from limine on 8.6.1998 as the Court filed.
& others petitioner (personal had already dealt with the
Vs. grievance regarding controversy about the Riba aginst
N.B.P.L recovery of interest) the injunctions of Islam vide PLD
challenged being 1992 FSC 1 (Dr. Mehmood-ur-
repugnant to Rehman Faisal Vs. Secretary
injunctions of Islam. Ministry of Law & Justice).
1104. S.P.No.5/I/1996 General Order by the Dismissed for non-prosecution Appeal not filed
Mrs. Marry-el-Effendi Governor General in on 7.7.1997
Vs. Council No.179
Fed. Govt. of Pakistan
and another
1105. Sh.P.No.05/L/1996 Section 4 of Land Disposed of as not pressed on Appeal has not
Shaikh Azmat Ali etc. Acquisition Act, 1894 09.6.1998. filed.
Vs. challenged being
Govt. of Pakistan etc. repugnant to
injunctions of Islam.
1106. S.P.No.6/I/1996 Sec.4 of the Muslim Disposed of 5.1.2000 in terms of Appeal not filed
Mubarak Khan etc Vs. Family Laws the said judgment delivered in
Federal Govt. of Ord.19961 S.P.No.29-I-1993 PLD 2000-FSC
Pakistan Page 1
1107. Sh.P.No.06/L/1996 Recovery of bank Dismissed in limine having no Appeal not filed
Abdul Bari interest from merits on 30.6.1997 as the Court
Vs. petitioner (personal had already decided the subject
ADBP & others grievance regarding matter of this law vide PLD 1992
recovery of interest) FSC 1
challenged being
repugnant to
injunctions of Islam.
1108. S.P.No.7/I/1996 Notification Dismissed for non-prosecution Appeal not filed
Muhammad Usman Ali No.F.2(10)ADG (R & on 18.11.1998
Vs. R)/78 dated 1.12.1992
Govt. of Pakistan issued by M/o religious
Affairs regarding
correct spelling of
word Mohammed
(S.A.W)
1109. Sh.P.No.07/L/1996 HBFC Act, 1952 and its Dismissed in limine vide Court Appeal has not
Shah Zaman Haider regulations thereunder order dated 30.6.1997 as the filed.
Gurmani 1979 challenged being Court had already examined
Vs. repugnant to these laws reported as PLD 1992
Federation of Pakistan injunctions of Islam. FSC 501.
1110. S.P.No.8/I/1996 Personal relief Dismissed on 7.7.1997 for want Appeal not filed
Rukhshanda Zareen of jurisdiction
Miraj Munir
Vs.
Govt. of Pakistan
1111. Sh.P.No.08/L/1996 Section 163 of Qanoon- Petition was dismissed in limine Appeal has not
Muhammad Rafi etc. e-Shahadat of 1984 on 9.6.1998 as counsel for the filed.
Vs. challenged being petitioner could not refer any
Federation of Pakistan repugnant to Ayat of Quran or Hadith which
etc. injunctions of Islam. could be made the basis of a
declaration of the said law.
1112. S.P.No.9/I/1996 Challenged varies of Dismissed on 28.3.2002 for want Appeal not filed
Shahid Aurak Zai Vs. judgment dated of jurisdiction
The State 24.3.1996 by a Full
Bench of Hon. S .C, in
al-Jihad Trust Vs.
Federation of Pakistan
1113. Sh.P.No.09/L/1996 Section 8(2) (3) of In view of the decision of this Appeal has not
M/S Abdul Shakoor Banking Companies Court in Dr. Mehmood-ur- filed.
Salim & Co. (Recovery of Loans) Rehman Faisal Vs. Secretary Law
Vs. Ordinance, 1979 and Justice vide PLD 1992 FSC
N.B.P.L etc. regarding recovery of page 1, petitioner did not press
interest challenged this petition and withdrew the
195
1997
S. No. Shariat Petition No. & Law Challenged FSC Decision Appeal filed in
Party Names the
Hon.Supreme
Court of
Pakistan or not
with Status
1119. Sh.P.No.1/I/1997 Challenged that the Dismissed. The Court has no Appeal has not
Saleem Mehmood Chehl creation existence and jurisdiction to Entertain and here filed.
Vs constitution of Federal this petition.
President of Pakistan Shariat Court declared Order dated; 15-6-1999
as repugnant to the
Injunctions of Islam.
1120. Sh.P.No.01/L/1997 Article 91 of Dismissed having no jurisdiction Appeal has not
Mufti Ghulam Sarwar Constitution of on 17.2.2000. filed.
Qadri Pakistan and rule of a
Vs. woman challenged
Federation of Pakistan being repugnant to
etc. injunctions of Islam.
Linked With
Cr.Misc.No.04/I of 1997
1121. S.P.No.01/B–L/1997 Fatwa regarding The fatwa does not come under Appeal not filed
Habibullah declaring Habibullah as the definition of law as such it is
Vs. non-Muslim on the out of jurisdiction of this court
Muhammad Aslam ground that he used and disposed of as such vide
Rizvi contemptuous remarks order dated 19.2.1997
about the Holy Prophet
(P.B.U.H) challenged
being repugnant to
injunctions of Islam
1122. Sh.P.No.1/K/1997 The petitioner has Dismissed in limine on 30.7.2001 Appeal not filed
Masood Ali Rizvi challenged the decision as this Court cannot declare the
Vs of the Government decision of observance of Sunday
Government of Pakistan declaring Sunday as public Holiday void and
etc Weekly Holiday instead repugnant to injunctions of Islam.
of Jumma vide
Notification No.
3/4/97 public dated
24-2-1997.
196
1124. Sh.P.No.2/K/1997 Marriage (Prohibitions Disposed of as having become Appeal not filed
Syed Iqbal Haider of Wasteful Expenses) infructuous.
Vs Ord. 1997 challenged Order dated; 6-12-1999
The Federal being repugnant to
Government of Pakistan injunctions of Islam
1125. Sh.P.No.02/L/1997 The Banking Dismissed in limine as well as on Appeal has not
M/S Jasam Col Companies (Recovery merit as the Banking Companies filed.
Industries Pvt. Ltd of Loan, Advance, Ord. 1984 has been rendered
Vs. Credit and Finance) infructuous in view of the repeal
I.D.B.P Act, 1997, Banking of said ordinance vide Court
Companies Ord. 1984 order dated 30.6.1997.
regarding recovery of
interest challenged
being repugnant to
injunctions of Islam.
1126. Sh.P.No.3/I/1997 Challenged Section Dismissed. Appeal has not
Abdul Hameed Khan 19(3) of the Income The entire income Tax Ordinance filed.
Vs Tax Ordinance, 1979. has been repealed.
The Ministry of Law etc (Exemption of Rent in Order dated; 6-6-2007.
Linked With respect of self owned
Sh.P.No.2/I/1997 House).
1127. Sh.P.No.03/L/1997 HBF Ord. challenged Disposed of as withdrawn Appeal not filed
Nazir Ahmed being repugnant to 30.6.1997.
Vs. injunctions of Islam.
General Manager HBFC
etc.
1128. Sh.P.No.4/I/1997 Challenged Section Dismissed in limine. Appeal not filed
Muhammad Azam Khan 25(2) (a) and (b) of The Court observes that no such
Vs Banking companies relief can be allowed by this
Federation of Pakistan Ordinance 1962, Court.
Section 8(2) (a) and (b) Order dated; 30-6-1997.
of Banking Companies
(Recovery of Loans)
Ordinance 1979. Rule
9(2) & 3 of Banking
Companies rules 1963.
Rule 9 Banks
(Nationalization)
payments
compensation rules
1974 section 79 and 80
of Negotiable
instrument act 1881
are repugnant to the
Injunctions of Islam.
1129. Sh.P.No.04 /L/1997 Section 4 of Muslim Disposed of on 5.1.2000 in view Appeal has not
Mst. Sharifan etc. Family Law Ord. 1961 of the detailed judgment passed filed.
Vs. challenged being in S.P.No.29-I/1993 reported in
Federation of Pakistan repugnant to PLD 2000 FSC page 1 with
etc. injunctions of Islam. observation that section 4 of
Muslim Family Law Ord. 1961, as
presently enforced, is repugnant
to the injunctions of Islam.
1130. Sh.P.No.05/I/1997 Challenged Civil Disposed of as withdrawn. Appeal not filed
Muhammad Anwar Servant Medical The matter has already been
Mughal Attendance Rules 1980 decided by Supreme Court of
Vs para 2(d) whereby only Pakistan.
Government of Pakistan one wife has been Order dated; 10-12-1997
made entitled for
medical Treatment.
197
1131. Sh.P.No.05/L/1997 Paragraph No.7, 8, 10, Disposed of by the consent of Appeal has not
Hafiz Ubaid-ur-Rehman 13, 14, 15, 17 to 19 of parties and by way of withdrawal filed.
Vs. the West Pakistan Land on 28.2.2007
Government of Pakistan Reforms Regulation,
1959 (MLR-64) and
sub para 2(d) of para
32 of Lands Reform
Regulation, 1972
(MLR-115) challenged
being repugnant to
injunctions of Islam.
1132. Sh.P.No.6/I/1997 Challenged Section Disposed of as withdrawn Appeal not filed
Dr. M.Aslam Khaki 10(2) of the Offence of because the Woman protection
Vs Zina (Enforcement of Act, 2006 has been made.
Federation of Pakistan Hudood) Ordinance, Order dated; 07-05-2008.
1979.
1133. Sh.P.No.06/L/1997 Challenged Section 5 Dismissed as withdrawn on Appeal has not
Bashir Ahmed and 6 of Punjab 16.2.2000. filed.
Vs. Tenancy Act 1887 be
Government of Punjab declared repugnant to
Linked with the injunctions of Holy
40/L/1992 Quran and Holy
Sunnah.
1134. Sh.P.No.7/I/1997 Challenged Section 15 Dismissed for non-prosecution. Appeal not filed
Abdul Ghafoor & of Punjab Pre-emption Order dated; 9-12-1997
another Act, 1991.
Vs
Government of Pakistan
Along with
Vs
Government of Pakistan
1150. Sh.P.No.23/I/1997 Petitioner who was the Dismissed as withdrawn. Appeal has not
Malik Abdur Rehman candidate for the Order dated; 28-3-2000. filed.
Vs president Election of
Government of Pakistan Pakistan has filed
petition against the
rejection is nomination
paper by the Chief
Election Commission.
1998
S. No. Shariat Petition No. & Law Challenged FSC Decision Appeal filed in
Party Names the
Hon.Supreme
Court of
Pakistan or not
with Status
1151. S.P.No.1/I/1998 Article 41(3) and Dismissed in limine on dated 28- Filed in the
Raja Muhammad Article 1 to 22 3-2000. Supreme Court
Afzal constitution Islamic of Pakistan and
Vs. Republic of Pakistan dismissed as
Chief Election regarding president of with drawn on
Commissioner etc Pakistan. Petitioner 4.11.2004.
praying that the
Hon’ble Court may
kindly be declared the
Article 47 (1 to 8)
Article 248(1 to 4) is
being repugnant to the
Injunctions of Islam.
1152. Sh.P.No.1/L/1998 Challenged section 4 of Disposed of on 5.1.2000 in the Appeal has not
Khalid Iqbal Muslim Family Laws terms of the judgment delivered filed.
Vs. Ordinance, 1961 being in S.P.No.29/I-1993 PLD 2000
The Secretary, Ministry repugnant to FSC Page 1
of Law etc injunctions of Islam.
1153. Sh.P.No.01/K/1998 Provisions of ADBP Dismissed as withdrawn on Appeal has not
Burhanuddin Pathan Ord. 1961 regarding 19.11.1998. The Hon’ble Court filed.
Vs. recovery of interest has already examined this law in
ADBP etc. challenged being the case of Mehmood-ur-Rehman
repugnant to Faisal Vs. Secretary Law & Justice
injunctions of Islam. reported as PLD 1992-FSC 1
1154. S.P No.01/P/1998 Pakistan Air Force Act, Dismissed as withdrawn on Appeal not filed
Farooq Ahmed 1953 regarding 11.3.1999
Vs. dismissal from service
Fed: of Pakistan challenged being
repugnant to
injunctions of Islam.
1155. Sh.P.No.2/L/1998 Challenged section 4 of Disposed of on 5.1.2000 in the Appeal not filed
M.Ghulam Hussain Sial Muslim Family Laws terms of the judgment delivered
Vs. Ordinance, 1961 being in S.P.No.29/I-1993
Federal Govt: of repugnant to
Pakistan injunctions of Islam.
1156. Sh.P.No.2/I/1998 The petitioner has The Hon’ble S/Court Shariat Appeal has not
Pirzada Iftikhar Ahmad challenged to appellate Bench has already filed.
Vs... setaside decided in “Fedeation of Pakistan
Govt. of Pakistan discrimination Vs. I.A.Shearwani and 3 others
Linkedwith reported in 2005 SCMR,292-
between old and new
S.P.No.4/I/1995 against the Judgement
M.Kokab Iqbal etc Vs.
persioners. dt.14.10.1992 of the FSC, in view
Govt: of Pakistan of the decision of the Hon:S.Court
this petition has be came
Linkedwith infructuous and dispoed of
accordingly 12.9.2007.
S.P.No.25/I/1994
200
I.A.Sherwani
Vs.
Government of Pakistan
Linkedwith
S.P.No.27/I/1994
Ex. Service Men
Association Talagang
Vs.. Government of
Pakistan
Linkedwith
S.P.No.28/I/1993
I.A.Sherwani Vs..
Government of Pakistan
1157. S.P.No.3/I/1998 Personal grievance Disposed of on dated 6-12-1999. Appeal has not
Z.A. Sheikh regarding sale of price filed.
Vs. bond Numbers.
Government of Pakistan Petitioner praying that
the Hon’ble Court may
kindly be declared as
being repugnant to the
Injunctions of Islam.
1158. Sh.P.No.3/L/1998 Recovery of interest on Dismissed in limine on 8.6.1998. Appeal not filed
Rana Sardar Ahmad loan challenged being The court has observed that the
Vs. repugnant to provisions of the House Building
Federation of Pakistan injunctions of Islam. Finance Corporation Act
and another (Act XVIII of 1952) and House
Building Finance Regulation,
1979 have also been examined by
this court in M.Iqbal Chaudhry,
Advocate High Court Vs.
Federation of Pakistan and others
reported as PLD 1992 FSC 501.
1159. S.P.No.4/I/1998 Regarding oath of Dismissed in limine on dated 28- Appeal not filed
Raja Muhammad Supreme Court Judges 3-2000.
Afzal Article 178, Article
Vs. 203(B) (C) constitution
Justice Syed-u-Zaman of Islamic republic of
Siddique Pakistan.
1160. Sh.P.No.4/L/1998 Recovery of interest on Disposed of as withdrawn on Appeal not filed
Muhammad Irshad Vs. loan challenged being 8.6.1998, in view of the decision
ADBP etc repugnant to of this Court in Dr.Mehmood-ur-
injunctions of Islam. Rahman Faisal Vs. Secty: Ministry
of Law, Justice and Parliamentary
Affair, Govt: of Pakistan and other
reported as PLD 1992 FSC page 1.
1161. S.P.No. 5/I/1998 Personal grievance Dismissed on dated 24-6-1998. Appeal in filed in
Abdul Hadi regarding Civil Suit. the Supreme
Vs. Court of Pakistan
Suleman Bhatti etc and dismissed on
dated 27-2-2004
1162. S.P.No.5/L/1998 Challenged the Dismissed on 17.2.2000 for want Appeal filed in
Dr. Abdul Basit reservation of seats in of jurisdiction. the Hon’ble
Vs. the National and Supreme Court
Government of Pakistan Provincial Assembly of Pakistan and
etc for so called Ahmadis dismissed for
Group as mentioned in Non-prosecution
Article 51(2-A) and on dated 18-12-
article 106(3) of the 2005.
Constitution being
201
repugnant to the
injunctions of Islam
1163. S.P.No.6/I/1998 Regarding Interest of Disposed of on dated 23-6-1998. Appeal not filed
Muhammad Ilyas House Building
Farooq Bhatti Finance Corporation.
Vs.
Federation of Pakistan
1164. S.P.No.6/L/1998 The Petitioner has Dismissed as withdrawn on Appeal has not
Ghulam Hussain challenged that the 26.1.1999, so as to avail of the filed.
Vs. mother and daughter remedy before the High Court.
Muhammad Iqbal etc cannot consumed with
one husband
(respondent) seeking
prosecution and
punishment of
respondent.
1165. Sh.P.No.7/I/1998 Challenged Article Allowed.11.2.2009 Appeal has filed
Capt,(Retd)Mukhtar 151(4) of the Qanoon- This court has declared that in SC. Pending
Ahmed Sheikh e-Shahadat Order Article 151(4) of the Qanoon-e-
Vs 1984. Shahadat Order 1984.
The Government of Judgment SD 2009 Page 594 ,
Pakistan PLD 2009 FSC Page 65
1166. Sh.P.No.7/L/1998 Hiba- Bill-Sharat-Ul- Dismissed for non prosecution on Appeal has not
Mian Ghulam Murtaza Iwaz is repugnant to 25.7.2007. filed.
Vs. the injunctions of
Federation of Pakistan Islam.
1167. S.P.No.8/I/1998 Regarding recruitment Dismissed on date 9-10-2000. Appeal is filed in
Humayun Iqbal Shami rules notified vide SRO- the Supreme
Vs. 42(KE)/88 dated 26-4- Court of Pakistan
Federation of Pakistan 1988.issued by the and dismissed on
establishement dated 11.5.2009..
division
1168. Sh.P.No.8/L/1998 Recovery of interest Disposed of as withdrawn on Appeal has not
M.S Ali Cotton Factory with markup on loan 27.1.1999, so as to avail the filed.
etc challenged being remedy of stay of the recovery
Vs. repugnant to before the court before which the
National Bank of injunctions of Islam. proceedings are now pending in
Pakistan etc appeal.
1169. S.P.No.9/I/1998 Challenged citizenship Dismissed for non-Prosecution Appeal not filed
Abdul Majeed Abbasi Laws regarding on dated 17-5-1999.
Vs. Quadianis.
Government of Pakistan
1170. Sh.P.No.9/L/1998 To declare the Disposed of as withdrawn on Appeal has not
Muhammad Ahmad Vs. provisions of interest 27.1.1999, so as to avail the filed.
ADBP etc Act, 1839 and ADBP remedy before an appropriate
Rules 1961 as court
repugnant to the
injunctions of Islam.
1171. S.P.No.10/I/1998 Section 4 of Muslim Disposed of on dated 5-1-2000. Appeal not filed
Muhammad Ashraf Family Laws Detail Judgment regarding Family
Qureshi & another Ordinance, 1961. Laws in sh.P.No.29/I-1993,PLD
Vs. 2000 FSC Page 1
Federation of Pakistan
1172. Sh.P.No.10/L/1998 Recovery of interest Disposed of as withdrawn on Appeal has not
Mustafa Yousaf with markup on loan 28.1.1999, so as to avail the filed.
Vs. challenged being remedy before an appropriate
Small Business Finance repugnant to forum i.e. the High Court
Corporation etc injunctions of Islam.
1173. S.P.No.11/I/1998 Section 7 of Muslim Disposed of on dated 5-1-2000. Appeal not filed
Muhammad Ashraf Family Laws Detail Judgment regarding Family
Qureshi & another Ordinance, 1961. Laws in Sh.P.No.29/I-1993. PLD
Vs. 2000 FSC Page 1
Federation of Pakistan
1174. Sh.P.No.11/L/1998 Under Article 203-D Disposed of as having not been Appeal has not
Pervaiz Iqbal Islamic Republic of pressed on 17.5.1999, in view of filed.
Vs. Pakistan challenging, judgment of this Court delivered
General Manager 1973 Article 2, 2-A, 24, in the case of Dr.Mehmood-ur
202
Punjab Provincial Co- 31, 37 and 38 (F) Rahman Faisal Vs. Secty: Ministry
Operative Bank Limited praying therein that of Law and Justice reported as
and two others protection fo property PLD 1992 FSC 1 whereby the
(Recovery of interest) interest on the loans from Co-
with markup on loan operative banks has inter-alia
challenged being been held to be opposed to the
repugnant to injunctions of Islam.
injunctions of Islam.
1175. S.P.No.12/I/1998 Section 12, 2, 4 and 5 The petition cannot proceed. The Appeal not filed
Muhammad Ashraf of the Child Marriage same is consigned to record on
Qureshi & another Restraint Act, 1929 dated 29-4-2004.
Vs.
Government of Pakistan
1176. Sh.P.No.12/L/1998 Recovery of interest Disposed of as withdrawn on Appeal has not
Mirza M.Yasin with markup on loan 28.1.1999, so as to avail the filed.
Vs. challenged being remedy before an appropriate
NBP of Pakistan and the repugnant to forum.
State injunctions of Islam.
1177. S.P.No.13/I/1998 Muslim Family Laws Disposed of withdrawn on dated Appeal not filed
Muhammad Bashir Ordinance, 1961 as 17-5-1999.
Vs. being repugnant to the
Federation of Pakistan Injunctions of Islam.
1178. Sh.P.No.13/L/1998 Praying for declaration Disposed of as withdrawn on Appeal has not
Shamim Ahmad Khan that the rules framed 28.1.1999, so as to avail the filed.
Vs. by the Government remedy before an appropriate
Federation of Pakistan with regard to the forum
etc benefit of the deceased
officers are against the
Holy Quran, Sunnah
and Islam.
1179. S.P.No.14/I/1998 Section 11, 8, 40, 21, Disposed of withdrawn on dated Appeal has not
Haji Zardul Khan 22, 30, 34 and 56 of 7-12-1999. filed.
Vs. Frontier Crime
Government of Pakistan Regulation 1901 as
being repugnant to the
Injunctions of Islam.
1180. S.P.No.15/I/1998 Section 4, 5, 8 and 10 Disposed of withdrawn on dated Appeal not filed
Copt(R) Mukhtar of Pakistan citizenship 26-5-1999.
Ahmed Sh. Act, 1951being
Vs. repugnant to the
Government of Pakistan Injunctions of Islam.
1181. S.P.No.16/I/1998 Section 34 of the Land Dismissed on dated 17-5-1999. Appeal not filed
OGDC acquisition Act, 1894
Vs. being repugnant to the
Federation of Pakistan Injunctions of Islam.
1182. S.P.No.20/I/1998 Ethesab Act IX of 1997 Dismissed withdrawn on dated Appeal not filed
Senator Asif Ali Zardari being repugnant to the 14-9-2000.
Vs. Injunctions of Islam.
Federation of Pakistan
1183. S.P.No.21/I/1998 Petitioner prayed that Dismissed for non Prosecution on Appeal not filed
Saleem Mirza Khula without the dated 26.5-1999.
Vs. consent of the husband
Federation of Pakistan having force of Law
through Judicial
preachment in
repugnant to the
Injunctions of Islam.
1184. S.P.No.22/I/1998 Article 2-B Shariat Bill Dismissed in limine on dated 28- Appeal not filed
Raja Muhammad Afzal as being repugnant to 3-2000.
Vs. the Injunctions of
Federation of Pakistan Islam.
1185. S.P.No.23/I/1998 Para 27 Judgment of Disposed of withdrawn on dated Appeal not filed
Saleh Urari Dago Federal Shariat Court 9-12-1999.
Tanzanian etc dated 26-6-1990 in
Vs. Criminal Suon moto
Government of Pakistan No. 18/K of 1990 State
203
Vs. Anwar
1186. S.P.No.24/I/1998 Challenged Section Dismissed withdrawn on dated Appeal not filed
Islam Hussain 27(B) of Banking 31-7-2001.
Vs. Company Ordinance,
Federation of Pakistan 1962.
1187. S.P.No.25/I/1998 Regarding sale Tax Dismissed withdrawn on dated 9- Appeal not filed
S. M. Shafiq reduces from 18% to 10-2000.
Vs. 12.5% vides SRO
Mehtab Industries No.561(1)/94,dt.9.6.19
Limited 94.
1188. S.P.No.26/I/1998 Regarding Services Disposed of on dated 5-6-2000. Appeal not filed
Master Ejaz Hussain Rule.
Vs.
Government of Pakistan
1999
S. No. Shariat Petition No. & Law Challenged FSC Decision Appeal filed in
Party Names the
Hon.Supreme
Court of
Pakistan or not
with Status
1189. Sh.P.No.1/L/1999 Challenged sub-section Dismissed on 21.12.2001, being Appeal has not
Muhammad Khalid Vs. ’c’ of section 9 of the misconceived and devoid of force. filed.
The State anothers Control of Narcotics
Substances Act, 1997
(Act XX of 1997) and
the Act as whole being
repugnant to the
injunctions of Islam.
1190. Sh.P.No. 1/K/1999 Provisions of Dismissed the Court has not find Appeal has not
Muhammad Mian Limitation Act whereby any substance in the petition. filed.
Shafaq Siddiqui a suit cannot be filed Order dated; 11-5-2007.
Vs when it is barred by
Government of Pakistan time challenged being
etc repugnant to
injunctions of Islam.
1191. S.P No.01/P/1999 Interest Act, 1839 and Disposed of as withdrawn on Appeal not filed
Mombar Bacha ADBP Rules regarding 8.3.1999 in view of the judgment
Vs. recovery of interest of this Court passed in Dr.
ADBP etc. challenged being Mehmood-ur-Rehman Faisal Vs.
repugnant to Govt. of Pakistan reported as PLD
injunctions of Islam 1992 FSC 1
1192. S.P.No.2/I/1999 Petitioner has Dismissed for Non-Persecution Appeal not filed
Haji Abdul Rahim challenged section 4 of on 19-5-1999.
Panezai the Baluchistan
Vs. Cancellation of illegal
The Federation of allotment of State Land
Pakistan Act 1996 as being
repugnant to the
Injunctions of Islam.
1193. Sh.P.No.2/L/1999 Challenged provisions Disposed of as withdrawn on Appeal not filed
Khan Bahadar Sheikh of section 21 of the 25.9.2001 the wealth Tax which
Muhammad Naqi Waqf Wealth Tax Act, 1963 have been Challenged through
Vs. so far as these are this petition have been repealed.
Federation of Islamic applicable to Waqf ul
Republic of Pakistan etc Aulad may very
graciously be declared
unlawful, without
jurisdiction and of no
legal effect being
Injunctions of Islam.
1194. S.P No.02/P/1999 Interest Act, 1839 and Disposed of as withdrawn on Appeal has not
Willayat Khan ADBP Rules regarding 8.3.1999 in view of the judgment filed.
Vs. recovery of interest of this Court passed in Dr.
ADBP & others challenged being Mehmood-ur-Rehman Faisal Vs.
repugnant to Govt. of Pakistan reported as PLD
204
2000
S. No. Shariat Petition No. & Law Challenged FSC Decision Appeal filed in
Party Names the
Hon.Supreme
Court of
Pakistan or not
208
with Status
1232. Sh.P.No.1/I/2000 Section 3, 5, 6-B,8-B Dismissed in limine on 6-6-2000. Appeal not filed
Badr Anwar offence of Qazaf
Vs. Ordinance,1979
The State
1233. Sh.P.No.1/L/2000 Article 1 and 2 of the Dismissed as withdrawn. The Appeal not filed
Ateeque Hussain Constitution of the Court held that no personal relief
Vs Republic of Pakistan, can be granted.
HBL etc 1973 for the Order dated; 1-10-2001
Declaration of Interest,
Riba is Against the
Injunction of Islam.
1234. Rew.Sh.P.No.1/I of 2000 Capital Territory Dismissed on 7-6-2000. Appeal not filed
Abdul Hafiz khokhr Punjab, Sindh, NWFP,
Vs. Baluchistan Local
Federation of Pakistan Government
Ordinance, 1979.
1235. S.P No.01/P/2000 Order dated 17.3.1985 Petition was dismissed as Appeal not filed
Fazal-e-Qadir passed by Director withdrawn on 28.3.2007
Vs. General ISI Islamabad
Fed: of Pakistan etc. regarding termination
of petitioner (personal
grievance) U/s 13 of
civil sevent act.
1973 .Challenged being
repugnant to
injunctions of Islam,
1236. Sh.P.No.1/K/2000 Challenged Section Dismissed. Appeal not filed
Inayat ullah and 18(3), (6) of the The Court has observe that this
another Agriculture pesticides law has been enacted and
Vs Ordinance, 1971. amended, while no provision of
Sectary Ministry of the amended law has been found
Agriculture to be contrary to the Injunctions
Government of Sindh of Quran and Sunnah.
etc Judgment dated; 6-4-2009. SD
2009 FSC -816
1237. S.P.No.2/I/2000 Section 4 of Muslim Disposed of as withdrawn Appeal not filed
Bashir Hussain Family Laws on 7-6-2000.
Vs. Ordinance, 1961.
Federation of Pakistan
1238. Sh.P.No.2/L/2000 Petition for Share of Dismissed. Appeal not filed
Abdul Sattar Inheritance. (Share of Neither any Act not any Section
Vs Grandson). of Law has been in this petition to
Rafiq Khan and another be against the Quran Verses or
Hadidh of Holy Prophet. Apart
from that personal relief is being
sought through this petition
which this Court neither can
consider nor grant.
Order dated; 27-9-2001.
1239. Sh.P.No.3/L/2000 The petitioners has Dismissed. Appeal not filed
Botty Khan filed petition against Personal relief involved in this
Vs 34 Respondent. petition. The Court has not given
The Government of (Petition for personal relief.
Pakistan possession through Order dated; 26-9-2001.
Pre-emption).
1240. Sh.P.No.4/L/2000 Challenged Section 7 of Disposed of as withdrawn. Appeal not filed
Ahmed Riaz Muslim Family Laws Personal relief can’t be granted
Vs Ordinance, 1961 being by this Court.
The Government of repugnant to the Order dated; 1-10-2001.
Pakistan Injunctions of Quran
and Sunnah of the Holy
Prophet.
1241. S.P No.04/P/2000 No specific law Dismissed as withdrawn on Appeal not filed
Falak Naz regarding recovery of 28.3.2007
Vs. interest challenged
HBFC Sawat etc. being repugnant to
209
injunctions of Islam
1242. Sh.P.No.5/I of 2000 Capital Territory Dismissed on 7-6-2000. Appeal not filed
Abdul Hafiz khokhr Punjab, Sindh, NWFP,
Vs. Baluchistan Local
Federation of Pakistan Government
Ordinance, 1979.
1243. Sh.P.No.5/L/2000 Petitioner has Dismissed in limine. Appeal has not
Syed Shahid Hussain Challenged a provision The Court has already been filed.
Vs of Muhammadan Law. decided this point vide this Court
The Government of Under which a father judgment dated 28-9-2001 in
Pakistan may transfer his whole Sh.P.No.6/L of 2000.
property to one of his Order dated; 2-10-2001.
heir by way of ‘Hiba’
excluding other heirs
as being repugnant of
Injunctions of Islam.
1244. Sh.P.No.6/L/2000 Challenged Section 142 Dismissed in limine. Appeal has not
Mst. Aman Mai Chapter II (Gifts) of The Court has declared that the filed.
Vs Muhammadan Law legal heirs are entitled to due
The Government of being repugnant to the share in the property only after
Punjab etc Injunctions of Islam. his death and the inheritance
devolves only after his death, as
no one can be called a “legal heir”
during the life time of a
proposition. Regarding the moral
aspect of the transactions carried
out by a person, it suffices to say
that the he would be answerable
to Almighty Allah. 28-9-2001
1245. Sh.P.No.7/I/2000 Section 9 of National Dismissed as withdrawn Appeal not filed
Haji Muhammad Nawaz Accountability Bureau on 13-9-2000.
Khokhr Ordinance, 1999 as
Vs. being repugnant to the
Chief Executive Injunctions of Islam.
Pakistan
1246. Sh.P.No.8/I/2000 Personal grievance. Dismissed in limine on 16-1- Appeal not filed
Asghar Ali Bhatti Regulation 4 proviso 2001.
Vs. (3) of Punjab
University of Punjab University Lahore.
1247. Sh.P.No.8/L/2000 Challenged Section Dismissed. Appeal has not
Khalil-uz-Zaman 302(B), 306, 308, 309 The Court has found that the Full filed.
Vs and other provisions of Bench of Supreme Court of
Faqirullah etc Qisas and Diyat Pakistan setting a side of this
ordinance are matter which will be setting up
inconformity with the not only bad and unhealthy
injunctions of Islam as precedent but will also be against
laid down in the Holy all provisions of the Constitution.
Quran and Sunnah of 15-2-2001.
the Holy
Prophet(S.A.W.)
1248. Sh.P.No.9/I/2000 MLR-114 regarding Dismissed inlimine on 18-9-2001 Appeal filed in
Shahab-ud-din complsory retirement the Supreme
Vs. form service. Court of Pakistan
Federation of Pakistan and dismissed on
30-4-2009
1249. Sh.P.No.10/I/2000 Section 2(f) and 15 of Dismissed on 20-9-2001. Appeal not filed
Jawad Ahmed Khan banking Company
Vs. (Recovery of Loan
Federation of Pakistan Advance credit and
Finances) Act, 1997 as
being repugnant to the
Injunctions of Islam.
1250. Sh.P.No.11/I/2000 Marriages (Prohibition Disposed of in view of coming Appeal not filed
Muhammad Yaqoob n of Wasteful into force amending Act bearing
Bhatti Expanses) Ordinance, No.iv of 2006,
Vs. 1997. on 14-2-2007
Government of Pakistan
210
1251. Sh.P.No.12/I/2000 Section 2(f) and 15 of Dismissed on 20-9-2001 Appeal not filed
Fazal Muhammad banking Company
Vs. (Recovery of Loan
Federation of Pakistan Advance credit and
Finances) Act, 1997 as
being repugnant to the
Injunctions of Islam.
2001
S. No. Shariat Petition No. & Law Challenged FSC Decision Appeal filed in
Party Names the
Hon.Supreme
Court of
Pakistan or not
with Status
1252. Sh.P.No.1/I/2001 Challenging section Disposed of because the August Appeal has not
Umaid Ali Qureshi 17(1-A) WAPDA Supreme Court of Pakistan has filed.
Vs (Second) Amendment granted relief prayed for by the
Federation of Pakistan Ordinance, 1999 petitioner
etc (Ordinance) IX of 1999. Order dated; 11-9-2007.
Relating compulsory
retirement.
1253. S.P No.01/Q/2001 Section 7 of the Disposed of on 18.4.2004 as the Appeal has not
Bashir Ahmed Suppression of Act is procedural and is beyond of filed
Vs. Terrorist Activities Act, jurisdiction of this Court.
Govt. of Pakistan 1975 challenged being
repugnant to
injunctions of Islam
1254. Sh.P.No.2/L/2001 Requested that Disposed of as withdrawn on 4- Appeal not filed
Syed Zahoor Hussain respondents may 10-2001.
Zaidi kindly be directed to The Court has no jurisdiction to
Vs take steps and made grant personal relief or directed
The Government of arrangements for the government to grant leave to
Pakistan collection of Khamus any personal in any form, sought
from Muslim Shias and permission to withdrawn this
also established an petition.
Institution/body/
Authority for its fair
distribution among
“Mustehaeen” Sadat.
1255. Sh.P.No.2/I/2001 Request through Dismissed. Appeal has not
Majeed-ullah petition for recovery of Shariat Misc has also dismissed filed
Vs the principal amount in because this Court has already
Al-Zamin Leasing easy installment in been adjudicated and decide vide
MODARBA respect of amount of Judgment reported in PLD 1993-
Rs. 24, 80, 984/- with FSC-1 and PLD 2000 SC 225.
markup. Order dated; 20.9.2001.
1256. Sh.P.No.3/L/2001 Challenged Section Disposed of. Appeal has not
Dr. Muhammad Masood 295-C of PPC with This Court has already been filed
Ahsan regard to blasphemy is passed judgment reported as PLD
Vs declared against 1991 FSC-10, on the issue raise in
The Federation of Injunction of Islam. this petition.
Pakistan Order dated; 3-10-2001.
1257. Sh.P.No.5/I/2001 Challenged the Speech Dismissed in limine. Because the Appeal has not
Muhammad Yousaf of Moulvi Muhammad petitioner has not specifically filed.
Vs Azim, Imam Masque challenged any particular law or
Federation of Pakistan Village Kussak District provision of law.
& 2 others Chakwal hold that the Order dated; 18-9-2001.
Jumma Prayer of only
ten adult Namzis being
opposed t the customs
and usages of Islam.
Fiqah of Imam Hanifa,
and Injunctions of
Islam
211
1258. Sh.P.No.7/I/2001 Challenged the Order Dismissed in limine because both Appeal not filed
Umer Dheri etc the forums provided these orders have challenged
Vs under PATA (Nifaz-e- before the Peshawar High Court
Government of Pakistan Shariah) Regulation, in revision which is still pending
etc 1994. Section 122 & decision.
123 of MLR. Oder dated; 18-9-2001.
2002
S. No. Shariat Petition No. & Law Challenged FSC Decision Appeal filed in
Party Names the
Hon.Supreme
Court of
Pakistan or not
with Status
1262. Sh.P.No.1/K/2002 The petitioner has The Court has directed that (i) Appeal has filed
Muhtarma Benazir challenged the MLO’s Martial Law order No.21, dated: Civil Shariat
Bhutto and another “21” of CMLS and “26” 17-10-1977 (ii) Martial Law Appeal. No.1 of
Vs of MLA zone “C“ order No.26, dated 28-9-1977 2010.( Mazhar
Federation of Pakistan President’s order 4 of issued by the Martial Law Alam another
Through Secretary of 1978 and President Administrator Zone “C” (iii) Vs. The
Finance order”6” of 1979 to be President’s order No.4 of 1978 Federation of
repugnant to the dated:26-3-1978, (iv) Presidents Pakistan and
injunctions of Islam order “6” of 1979 dated 28-2- another).
and thus of no legal 1979 are entirely repugnant to
effect and requested to the above mentioned Injunctions
the Hon.Court may of Islam. The decision of this
pleased to direct the Court regarding the afore-
respondent to mentioned impugned Martial
handover the Law order’s shall take effect from
properties and assets the dated of announcement of
of trust to the this Judgment/dicision dated 15-
petitioner. 4-2010.
PLD 2010 FSC Page-229.
1263. Sh.P.No.2/I/2002 That the declaration to Dismissed as withdrawn. Appeal has not
Naseem Hussain Shah the effect that the Order dated; 6-2-2002. filed
Vs provisions relating to
Balqees Akhtar and giving of notice of
Jamil Abbasi etc Talaq and its
withdrawal thereafter
before ninety days
thereof under Muslims
Famil Laws Ordinance,
212
1961 is repugnant to
the Injunctions of
Islam.
1264. Sh.P.No.2/L/2002 The petitioner has filed Dismissed in limine. Appeal has not
Hamad Bashir petition against the The petition is based on personal filed
Vs HBFC and requested to grievance which is beyond the
The Government of way of the Interest. jurisdiction of this Court.
Punjab Order dated; 24-10-2002.
1265. Sh.P.No.3/L/2002 The petitioner has filed Dismissed in limine. Appeal has not
Sh. Sajjad Hussain etc petition against the The petition is based on personal filed.
Vs Interest of the Small grievance which is beyond the
Small Medium Medium Enterprises jurisdiction of this Court.
Enterprises Bank Bank Limited which is Order dated; 24-10-2002
Limited etc known as SBFC that the
charging of Interest in
the account No.N-III-19
is repugnant to the
Injunction of Islam.
1266. Sh.P.No.3/I/2002 Challenged the Punjab Disposed of because the Appeal has not
Abdul Hafeez Khokar Local Government petitioner has died and other filed
Vs Ordinance 2001, being inmates have migrated and the
The Province of Punjab repugnant to the same be consigned to the record.
Injunctions of Islam. Order dated; 15-12-2004.
1267. Sh.P.No.4/I/2002 Martial Law Dismissed as withdrawn. Appeal has not
Moulvi Said Bahadur Regulations No. 122 Order dated; 25-8-2008. filed
Vs &123 of 1972.
Federation of Pakistan
& others
1268. Sh.P.No.6/I/2002 Challenged Section 25 Dismissed as withdrawn. Appeal has not
Bukhari Shah & another of the Anti Terrorism Order dated; 13-2-2007. filed
Vs (Courts) Act 1997 and
Federation of Pakistan Section 7 of the
suppression of
Terrorist Activities
(Special Courts) Act,
1975 (protected under
section 39-B of the Anti
Terrorism (Courts) Act,
1997 being repugnant
to the Injunctions of
Islam.
1269. Sh.P.No.7/I of 2002 The petitioner has The petitioner has sent an Appeal has not
Nazir Ahmad Khawaja challenged under application for its withdrawl so filed
Vs Article 203-D of the the petitioner has been dismissed
Federation of Pakistan Constitution of Islamic as withdrawn 19-10-2010.
Republic of Pakistan
1973 to examine
Election commission
order 2002 (Chief
Exectutive’s order No.1
of 2002) clause “7” of
2002 and to declare its
repugnant to the
Injunction of Islam
1270. Sh.P.No.8/I/2002 Request to declare the Dismissed as withdrawn. Appeal has not
Maqsood Ahmed etc institution of adoption Order dated; 15-12-2004. filed
Vs of Child as repugnant
Rehmat and Province of to the Injunction of
Punjab Islam.
1271. Sh.P.No.09/I/2002 Challenged Section 8-F Disposed of as withdrawn. Appeal has not
J. Salik of the Election Law Order dated; 23-01-2007. filed
Vs 2002 (Chief Executive
Federation of Pakistan order No.7/2002.
& others Petitioner feels that the
213
recent amendments in
the Election Laws have
deprived virtually the
minorities of their
rights guaranteed by
Islam & the
Constitution whereby
any citizen could
contest for reserved
seats as an
independent candidate.
The present
amendments have
cannot contest Election
on the minority
reserved seats except
when they are enlisted
members of a political
party.
1272. Sh.P.No.11/I/2002 The NWFP Urban Dismissed because the petition is Appeal has not
Muhammad Saeed Immovable Property not meintable before this Court filed
-ullah Khan Tax (Amendment) under Article 203-D of the
Vs Ordinance, 2001 Constitution
Secretary Government (ordinance IV of 2001) Judgment dated; 28-8-2008.PLD
of NWFP etc be declared repugnant 2009 FSC Page 33
to Sharia.
2003
S. No. Shariat Petition No. & Law Challenged FSC Decision Appeal filed in
Party Names the
Hon.Supreme
Court of
Pakistan or not
with Status
1273. Sh.P.No.1/I/2003 Challenged Pakistan Dismissed in limine. Appeal filed
Abdul Majeed Arms Ordnance No XX The Court as declared that the
Vs of 1965 and Arms impugned law and Rules having
Government of Pakistan Rules 1924 with the been duly made of the general Dismissed on .
prayer to declare these welfare and security of Umma at 7.5.2009.
repugnant to the large are not against the
Injunction of Islam. injunctions of Islam.
Judgment dated; 5-11-2003.
PLD 2004 FSC-PAGE-1.
1274. Sh.P.No.1/L/2003 Challenged Sub-section Dismissed in limine. Appeal has not
Zahoor Medi Faisal 2 of Section 11 of the After detail discussion the Court filed
Vs Senate Act, 1975. “ has not found these sections as
Election Commissioner Every proposal shall be repugnant to the Injunction of
of Pakistan made by a separate Islam.
nomination paper in Judgment dated 7-3-2007.
the prescribed form
which shall be signed
by the proposer and
the secondar and
contain a declaration
signed by the candidate
that he consents to the
nomination and that he
is not subject to any
disqualification for
being or being elected
as a member”
1275. Sh.P.No. 02/I/2003 Challenged Section 4 & Dismissed on request of Appeal has not
Raja Abdul Latif & 7 of Chapter-IV of petitioner. filed.
another Utility Store Order dated; 8-1-2004.
Vs Corporation of
Secretary Industries & Pakistan Service Rules
others 1992 being repugnant
214
to the Injunctions of
Islam.
1276. Sh.P.No.3/I/2003 Request to examine Dismissed because the petitioner Appeal has not
Farukh Aftab and declare the system did not press the petition. filed.
Vs of Ruyat Hilal Order dated; 24-1-2005.
Royat Hilal Committee Committee on the tech
etc stone of Quranic
Injunctions.
1277. Sh.P.No.5/I/2003 Prayed that the Court Dismissed as withdrawn. Appeal has not
Muhammad Suleman to declare the recovery Order dated; 5-11-2003. filed.
Vs of interest on Loan
Zonal Manager Habib issue to petitioner by
Bank Limited &others Banking Courts as
repugnant to the
Injunctions of Islam.
1278. Sh.P.No.5/L/2003 Challenged section 4 of Disposed of withdrawn. Appeal has not
Ahmad Yar etc the Muslim Family The Court has declared that filed.
Vs Laws Ordinance, 1961. Challenged matter under
Bashir Ahmad Share of grand son and consideration before the Shariat
granddaughter. Appellate Bench of the Supreme
Court of Pakistan. Under the
circumstances, the learned
counsel seeks permission to
withdraw this petition.
Order dated; 23-1-2007.
1280. Sh.P.No.10/L/2003 Petition against the Dismissed for non-prosecution. Appeal not filed
Muhammad Naseem interest of law of ADPB. Orders dated;
Vs 1. 26-2-2007
ADBP etc
2004
S. No. Shariat Petition No. & Law Challenged FSC Decision Appeal filed in
Party Names the
Hon.Supreme
Court of
Pakistan or not
with Status
1281. S.P.No.4/I/2004 Rules 225, 242, 243, SHARIAT PETITION Appeal has not
Dr.Muhammad Aslam 244, 45,248,249 of NO.4/I/2004,mentioned at filed.
Khaki Chapter 9 entitled. The page No.6 of the main
Vs. Classification and Judgment dt.28.8.2009(jail
Federation of Pakistan Separation of
manual) the matter of this
Prisoners. Rules
L/W 250,252,253,254,255,2
petition has been discussed in
56,257,261,262,263,26 detail in segment 13 of the
S.P.No.61/I/1992 4,266,267 of Chapter judgment, the petition is
L/W 10 entitled Superior allowed to that extent,
S.P.No.62/I/1992 Class Prisoners, Rules Disposed of accordingly .
L/W 180, 181, Chapter 7 27.5.2010
S.P.No.12/I/1999 entitled: General Rules
Relating to Prison
Officers. Section 30(2)
Prisons Act, 1894 and
Rules 624(f), 633 of
Chapter 25 entitled:
Prisoners in cells.
1282. Sh.P.No.6/I/2004 Challenged Section 3 of Dismissed.8.6.2007 Appeal has not
Muhammad Fayaz the Majority Act, 1875 For the purpose of legislation a filed.
Vs in so far as it provides specific age limit has to be fixed
Islamic Republic of ceiling of 18 years for by the legislature so that the
215
Challenged Section 3
Sh.P.no.27/I/1992 of the Majority Act,
Abdul Salam 1875 in so far as it
Vs provides ceiling of 18
Federation of Pakistan years for attaining
majority under the said
Act, is in conflict with
section 370 of the
Muhammadan Law,
where under a father is
bound to maintain his
son until he attains the
age of puberty.
1283. Sh.P.No.10/I/2004 Challenged the Family Disposed of. Appeal has not
Rashid Bin Zain Courts (Amendment) The petitioner has moved an filed.
Vs Ordinance 2002 application for withdrawal of the
Federation of Pakistan (Ordinance No.LV of petition. The point has been
2002) discussed connected
Sh.P.No.20/I of 1999 which is still
pending.
Order dated; 3-4-2007
1284. Sh.P.No.11/I/2004 Challenged the Family Dismissed for non-prosecution. Appeal has not
Imran Ali Courts (Amendment) Order dated; 11-5-2007 filed.
Vs Ordinance 2002 The petition has been Restored
Federation of Pakistan (Ordinance No.LV of on 6-7-2010 but the petitioner
etc 2002), Family court has sent an application for
ACT.1961 withdrawl the petition so the
petition has been dismissed as
withdrawn on 19-10-2010.
1285. Sh.P.No.12/I/2004 Challenged Article 45 Dismissed in limine. Appeal has not
Bukhari Shah & another of the Constitution, The Court has declared that the filed
Vs being repugnant to provision of Constitution among
Federation of Pakistan Quran and Sunnah as others have been expressly
etc there under ‘the excluded from the jurisdiction of
President shall have this Court.
power to grant pardon, Order dated; 13-2-2007
reprieve, respite and to
remit, suspend or
commute any sentence
passed by any court,
tribunal or other
authority’.
1286. Sh.Misc..No.51/I/2004 In this application The petition is not meaintable Appeal has not
L/W different rates in the which been missed conceived and filed
Sh.Misc..No.12/I/2005 increase in pension has Dismissed in limine. SD 2006
afforded by the Page 247
Ghulam Sadiq Government to retired
Vs. civil servants has been
The State Challenged
216
2005
S. No. Shariat Petition No. & Law Challenged FSC Decision Appeal filed in
Party Names the
Hon.Supreme
Court of
Pakistan or not
with Status
1287. Sh.P.No.1/I/2005 Challenged Section Dismissed Appeal not filed
Haji Amir Zedi 3(1) (2) of the Shari Order dated; 2-4-2007
Vs Nizam-e-Adll
Province of NWFP Regulation 1999
(N.W.F.P. Regulation
No.1 of 1999) being
repugnant to
injunctions of Islam.
1288. Sh.P.No.2/I/2005 Challenged Section 114 Dismissed Appeal has not
Bashir Ahmed of Punjab tenancy Act, Order dated; 15-3-2007 filed.
Vs 1887 being repugnant
The Government of to injunctions of Islam.
Punjab
1289. Sh.P.No.3/I/2005 Challenged the Dismissed as withdrawn. Appeal has not
Mr. Abdul Razzaq etc impugned order Order dated; 2-4-2007 filed.
Vs passed by special Judge
Special Judge Anti Anti Terrorist Court II
Terrorist Court etc Lahore dated 22-7-
2002. Is un-Islamic as
the learned Court was
under legal obligation
to decide the case on
merits.
1290. Sh.P.No.3/L/2005 Challenged the decree Dismissed. Appeal has not
Saleem Ahmed of dissolution of The Court has declared that is no filed.
Vs marriage which is specific verse authentic Ahadith
Islamic Republic of granted on the basis of that provides a bar to the
Pakistan Khula, though exercise of jurisdiction by a
amendment Ordinance competent Qazi to decree the
No.45 of 2002 by the case of Khula agitated before him
President in Family by a wife, after reconciliation
Court Act, 1964 and fails. As discussed above in detail.
also. The Ayaat and Ahadith relied
2. That the Section upon by the petitioners neither
10(4) of the Family specifically relate to the issue of
Court Act, 1964. Khula nor to the lack of authority
Linked With Whereby the said of a Qazi duly authorized by an
amendment is contrary Islamic. State to resolve the
of Quran and Sunnah. disputes between husband and
wife. The interpretation of the
said Verses and Ahadith is also
not unanimous.
Judgment dt; 28-5-2009
-do-
Holy prophet.
1292. Sh.P.No.6/I/2005 Challenged section Dismissed in limine. Appeal has filed.
Khan Muhammad 345(2) Cr.P.C may The Court has already been
Vs kindly be declared to discussed that the sentence has
Federation of Pakistan be void to the extent of been awarded under Ta’zir under
not approving partial section 302(b) PPC has not been
compromise in cases of made compoundable unless all
Qatl-e-Amd U/s 302(b) the legal heirs of the deceased
PPC as laid down in agree for the same and therefore
Holy Quran and no confusion in the law. The
Sunnah. August Shariat Appellate Bench
of Supreme Court to Pakistan has
been Examined the old provision
of Section 302 PPC and Section
345 & 381 Cr.P.C etc at the
Linked With touchstone of the Holy Quran and
Sunnah. In reported Judgment
The Federation of Pakistan Vs Gul
Hussain PLD 1989 SC 633.
Order dated; 10-6-2005.
-do-
Sh.P.No.1/L/2005
Khan Muhammad Challenged section
Vs 345(2) Cr.P.C may
Islamic Republic of kindly be declared to
Pakistan be void to the extent of
not approving partial
compromise in cases of
Qatl-e-Amd U/s 302(b)
PPC as laid down in
Holy Quran and
Sunnah.
1293. Sh.P.No. 7/I/2005 In this petition The appeal has been dismissed Appeal has filed.
Pakistan cotton Ginners chellanged rule no.45 , on 22.10.2008.The appeal In Supreme
Association 83,134,142,143,144
Vs ,and 147 of the
remanded to the FSC Court and the
appeal has been
The Federation of Constutition Islamic and first hearing has allowed and
Pakistan etc Republic of Pakistan been fixed on setaside the
1973. 26.8.2009.Pending. impugned
judgment of the
FSC and
remanded the
case for fresh
diecion on the
petition
21.4.2009.
1294. Sh.P.No. 8/I/2005 Article 179 Dismissed in limine 3-4-2007. Appeal has not
Qureshi M.Aslam Constitution of filed.
Vs Pakistan regarding
The Federation of retaing age of judges.
Pakistan
1295. Sh.P.No. 9/I/2005 Section 10(4) offence Dismissed inlimine 15.12.2005 Appeal has filed.
Molvi Iqbal Haider of zina ord.1979 & PLD 2006 FSC PAGE-26. In view of rule 5
Vs section anti terrorism order of the 35 of
The Federation of act.1997. supreme court
Pakistan rule 1980, the
case file has
directed to be
consigned to the
219
record for
indefinite period
till some body
terms up for its
revival. Dated
15-5-2009
1296. Sh.P.No.10/I/2005 The provision added by Dismissed on. 22.10.2007 Appeal has not
Abdur Rasheed family courts filed.
Vs. (amendment order
Shamim Akhter etc. 2002 is against the
Injunctions of Islam).
2006
S. No. Shariat Petition No. & Law Challenged FSC Decision Appeal filed in
Party Names the
Hon.Supreme
Court of
Pakistan or not
with Status
1297. Sh.P.No. 1/L/2006 Section 7 of the Anti Dismissed in limine because the Appeal has filed
Mst. Ghafoora Bibi terrorist Act, 1997 Court has no jurisdiction for as having been
Vs (hereinafter referred to grant stay on the execution of infrustuous
The Federal as “the Act”) that it is black warrant against the on 27-11-2008.
Government of Pakistan repugnant to the petitioner which has passed and
Injunctions of Islam as issued by Apex Court in Criminal
contained in the Holy Misc Application No.3/L of 2006.
Quran and Sunnah of Judgment dated;
the Holy Prophet in so 13-3-2006
far as it does not PCLJ 2006 PAGE-812.
recognize right of
waiver or afu to be
exercised by walies of
the deceased or
compounding the
offence as a whole and
has prayed that be said
section be amended
and brought in
conformity with the
Injunctions of Islam.
1302. Sh.P.No.4/I/2006 Challenged Section 8 Dismissed for non-prosecution. Appeal not filed
Musarat ullah Khan of Hadood Ordinance, Order dated; 29-1-2008
Vs 1979 as repugnant to The petition has been restored on
The Government of the injunctions of 6-7-2010 but the petitioner has
Pakistan Islam. requested for its withdrawn
accordingly this petition has been
dismissed as withdrawn on 19-
10-2010
1303. Sh.P.No.5/I/2006 Challenged Section 8 Dismissed for non-prosecution. Appeal has not
Musarat ullah Khan &9 of P.O.4 of 1979. Order dated; 29-1-2008,The filed.
Vs Being repugnant to the petition has been restored on 6-
The Government of injunctions of Islam. 7-2010 but the petitioner has
Pakistan requested for its withdrawn
accordingly this petition has been
dismissed as withdrawn on
19-10-2010
1304. Sh.P.No.6/L/2006 Challenged the Section Dismissed in limine as Appeal has not
Rana Altaf Hussain & 164 of the Qanun-e- withdrawn. filed.
another Shahadat Order, 1984 The court has declared without
Vs which relates to going into the question whether
The State etc production of modern DNA test furnishes irrefutable
devices is against evidence as to the legitimacy or
Quran and Sunnah otherwise of a child, the attention
inasmuch as DNA test learned counsel was invited to
tends to destroy the the provision of section 164 of
conclusive the Qanun-e-Shahadat itself
presumption which where under the Court may if it
attaches to the considers appropriate allow to be
legitimacy of a child produced any evidence that my
born during a valid have become available because of
Nikah/Marriage. modern devices, therefore, the
discretion would lie with the
Court which may or may not
exercise its jurisdiction for
production of any modern
devices.
Order dated; 28-2-2007.
1305. Sh.P.No.7/I/2006 Petitioner has sought a Dismissed in limine.12.2.2007 Appeal has not
Abdul Jalil declaration third Article 302-B(c) falls under filed.
Vs Amendment Order, Chapter 3 A of the Constitution
The State 1980 (P.O.No.14 of and the makers of the
1980) to Article 227 of Constitution while zealously
the Constitution of guarding the jurisdiction and
Islamic Republic of powers of the Federal Shariat
Pakistan adding Court have expressly kept out the
“explanation” to it is Federal Shariat Court from taking
repugnant to the cognizance among others of the
221
2007
S. No. Shariat Petition No. & Law Challenged FSC Decision Appeal filed in
Party Names the
Hon.Supreme
Court of
Pakistan or not
with Status
1306. Sh.P. No.1/I/2007 The petitioner has The Court has declared on 22-12- Civil Shariat
Mian Abdul Razzaq challenged the 2010 that the protection of Appeal 2 of
Amer provision of 376,496 B women (Criminal Law 2011.
Vs and 496 C of Amendment) Act, 2006. And
Federation of Pakistan PPC( Act.XLV of 1860 Control of Norcatics substances Civil Shariat
L/W as inserted by proction Act, 1997. Appeal 3 of
Sh.P.No.3/I/2007 of women Criminal law Violate of Article 203DD of the 2011.
L/W ammendement)the constituation of Islamic Republic
injunction of Islam. of Pakistan, 1973, and directed (BY ANF through
Federal Government to take its DG
necessary setps to amend the Vs.
impugned laws till 22.6.2011. Ch.Muhammad
Where after impugned Judgment Aslam Ghuman
of the Federal Shariat Court will
Sh.P.NO.1/I/2010 be operative as on 22-6-2011. Fit
for reporting, PLD 2011,FSC Appeal not filed
Page-1 ( Part Februarey )
1308. Sh.P. No.3/I/2007 The petitioner has The Court has declared on 22-12- Appeal has file
Ch.Muhammad Aslam 2010 that the protection of Civil Shariat
Ghuman
challenged the women (Criminal Law Appeal 2 of 2011.
Vs provision of Amendment) Act, 2006. And
Civil Shariat
Federation of Pakistan section 5,6,7,of Control of Norcatics substances
Appeal 3 of 2011.
L/W the proction of Act, 1997.
Sh.P.No.1/I/2007 Violate of Article 203DD of the
women(Criminal constituation of Islamic Republic
(BY ANF through
its DG
Laws Amendment of Pakistan, 1973, and directed Vs.
act.2006 against Federal Government to take Ch.Muhammad
necessary setps to amend the Aslam Ghuman
the injection of
L/W impugned laws till 22.6.2011.
Islam. Where after impugned Judgment
of the Federal Shariat Court will
222
1310. Sh.Misc .No.4/I/2007 The petitioner have The Court has dismissed for grant Appeal not filed
in Challenged under of stay of the execution of death
In Sh.P.No.4/I/2007 article 203 D of the sentence of the petitioners
Zafar etc constutition of Islamic 6.4.2007 PLD 2009 FSC Page 62
Vs republic of Pakistan
Federation of Pakistan praying theirin that
section 302(b) PPC,
1860 and section
345(2) Cr.P.C ,50 for
that all legal heirs of
the victim to agree on
Compromise, may gr-
ciously declared to
Holy Quran and
Sunnah of the holy
Prophet
1311. Sh.P.No.9/I/2007 Challenged the PCO Disposed of. Appeal not filed
Maulvi Iqbal Haider Order No.1, 2007 and The petitioner has requested for
Vs oath of office (Judges) withdrawal the petition. Request
Federation of Pakistan order 2007. Allowed.
Order dated; 25-3-2008.
2008
S. No. Shariat Petition No. & Law Challenged FSC Decision Appeal filed in
Party Names the
Hon.Supreme
Court of
Pakistan or not
with Status
1312. Sh.P.No.1/I/2008 Challenging the S.S. Dismissed on 20.4.2009. Appeal not filed
Society of transplant No.3(1), 5(1),(2) of SD 2009 PAGE-641.
physicians and S.7(1) of the
surgeons Pakistan transplantation of
Vs. human organs tissues
Federation of Pakistan ordinance.2007
1313. Sh.P.No.1/Q/2008 The petitioner has In view of the decision of this Appeal has not
Jamil ur Rehman challenged section 7 of court reported in 2000 SD Page filed.
Vs Muslim Family Laws 723 this petition has become
Federal Government of Ordinance, 1961 and infructuous and has been
223
2009
S. No. Shariat Petition No. & Law Challenged FSC Decision Appeal filed in
Party Names the
Hon.Supreme
Court of
Pakistan or not
with Status
1315. Sh.Rew.P.No.1/I of 2009 Filed Review petition The revew petition has been Appeal not filed
Hasnain Khurshid in the light of Court allowed and the S.P.No.2/I/2008
Vs order dated 22-1-2009 has been restored for regular
The Government of and stated that none hearing dated.13.5.2010.
Pakistan such thing is available
in the above mentioned
decision. He further
stated that his
IN submission will not be
decided in light of
Quran and Sunnah. Dismissed for non prosecution.
The Court has already been
Sh.P.No.2/I/2008 examined by a Large Bench Court
Hasnain Khurshid Section 7 and 11 of the in Public Notice No. 229/P/84
Vs Punjab Waqf dated 21-6-1984 and the Court,
The Government of Properties Ordinance, after considering the Punjab
Pakistan 1979 (Ordinance IV of Waqf Properties laws, made the
1979). following observations in respect
“Section 7 authorizes of sections7 and 11 which are
the Chief Administrator being challenged by the
of Auqaf to take over petitioner.
the Waqf property by Order dated; 22-1-2009.
publishing a
notification in the
Official Gazette”.
“Section 11 provides
that any person
calming any interest in
any Waqf property in
respect of……….
Provide that section.
1316. Rew.Sh.P.No.2/I/2009 Review Shariat Petition The Court has been dismissed in The review
Society of Transplant under Article 203-E(9) limini on 11-9-2009. Petition has been
Physicians and of the Constitution of filed in the
Surgeons Pakistan Islamic Republic of Supreme Court
Vs Pakistan 1973 against and has been
Federation of Pakistan the Judgment of the dismissed as
through Ministry of Law Federal Shariat Court withdrawn on
Justice and Human dated 20-4-2009 in 1-9-2010.
Rights, Islamabad Shariat Petition
224
IN No.1/I/2008
Sh.P.No.1/I/2008
1317. Sh.P.No.3/K/2009 The Petitioner has The Petition has been dismissed in The Petition has
Muhammad Siddiq Mirza challenged Articles 184, limine 23-4-2010. PLJ 2011 FSC been filed in the
Vs 209 and 211 of the Page 49 Hon.Supreme
Federal Government Constitution of Islamic Court.pending
through Republic of Pakistan
Secretary Ministry of Law which are against the
Justice & Human Rights, Injunctions of Islam.
Islamabad
2010
S. No. Shariat Petition Law Challenged FSC Decision Appeal filed in the
No. & Party Names Hon.Supreme Court
of Pakistan or not
with Status
1318. Sh.P.No.1/L of 2010 Under sections 3(1),(2) The Petition has been dismissed Not filed in the
Mian Muhammad and 4 of West Pakistan on 29-9-2010 Supreme Court
Murtaza Family Court Act, 1964
Vs (xxxv) of 1964
Federation of
Pakistan
1319. Sh.P.NO.1/I/2010 The petitioner has The Court has declared on 22-12- Appeal not filed
Abdul Latif Sufi challenged the 2010 that the protection of
Vs provision in section 5, women (Criminal Law
Federation of 6 and 7 of the Amendment) Act, 2006. And
Pakistan Protection of woman Control of Norcatics substances Civil Shariat
L/W (Criminal law Act, 1997. Appeal 2 of 2011.
Sh.P. No.1/I/2007 amendment) Act No.VI Violate the Article 203DD of the
Mian Abdul Razzaq of 2006as being against constituation of Islamic Republic Civil Shariat
Aamer the injunction of Islam. of Pakistan, 1973, and directed Appeal 1 of 2011.
Federal Government to take
L/W necessary setps to amend the
Sh.P.No.3/I/2007 impugned laws till 22.6.2011. Civil Shariat
Ch.Muhammad Where after impugned Judgment Appeal 3 of 2011.
Aslam Ghuman of the Federal Shariat Court will
be operative as on 22-6-2011. Fit (BY ANF through
for reporting PLD 2011,FSC its DG
Page-1 ( Part Februarey ) Vs.
Ch.Muhammad
Aslam Ghuman
1320. Sh.P.No.3/I of 2010 The petitioner has been This matter has already been Appeal not filed
Muhammad Iqbal Challenged Article”16” decided in the case of Federation
Mufakkir Of Qanoon-e-Shahadat of Pakistan Vs Muhammad Shafi
Vs Ordinance. Muhammadi and another as 1994
Government of PSC, Page 434. Order dt.
Pakistan 19,10.2010
225
1321.