1990 PLP 532 (SCMR)
MUHAMMAD MUSTAFA and 3 others‑‑Petitioner Versus MUHAMMAD AKBAR and others‑‑Respondents
| Citation | 1990 PLP 532 (SCMR) |
| Forum / Court | High Court |
| Bench Members | Muhammad Afzal Zullah and Javid Iqbal, JJ |
| Parties | MUHAMMAD MUSTAFA and 3 others‑‑Petitioner Versus MUHAMMAD AKBAR and others‑‑Respondents |
| Primary Law | Punjab Pre‑emption Act (I of 1913)‑‑‑ |
Q1: What are the key laws and sections cited in 1990 PLP 532 (SCMR)?
This judgment primarily cites: Punjab Pre‑emption Act (I of 1913)‑‑‑ as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1990 PLP 532 (SCMR)?
The case was heard and decided by the High Court bench comprising: Muhammad Afzal Zullah and Javid Iqbal, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1990 PLP 532 (SCMR) (MUHAMMAD MUSTAFA and 3 others‑‑Petitioner Versus MUHAMMAD AKBAR and others‑‑Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Ch. Muhammad Hasan, Advocate Supreme Court instructed by Rana Maqbool Ahmad Qadri, Advocate‑on‑Record for Petitioner (in C.P.12 of 1981).
- Mian Attaur Rahman, Advocate‑on‑Record for Respondents Nos.1 and 2 (in C.P. No.12 of 1981).
- Tanveer Ahmad, Advocate‑on‑Record for Petitioner (in C.P. No.138 of 1981).
- Ch. Bashir Ahmad Khan, Advocate Supreme Court for Respondents (in C.P. No.138 of 1981).
- M. Ihsanul Haq, Advocate Supreme Court instructed by Hameed Aslam Qureshi, Advocate‑on‑Record for Petitioner (in C. P. No.183 of 1981).
- Nemo for Respondents (in C.P. No.183 of 1981).
- Date of hearing: 30th April, 1988.
Headnotes / Summary
(On appeal from the Order dated 17‑9‑1980 of the Lahore High Court, Lahore, passed in Civil Revision No.1201‑D of 1980). ‑‑‑S.15‑‑‑Constitution of Pakistan (1973), Art.185(3)‑‑‑Plaintiff, had not so far succeeded in obtaining a decree for pre‑emption at any stage before any Court‑‑ Judgment of Shariat Appellate Bench of Supreme Court in Said Kamal Shah's case reported as P L D 1986 S C 360, became effective on 31st July, 1986, and as the plaintiffs had not succeeded so far, in obtaining pre‑emption decree(s) under the old law which ceased to have effect on 31st July, 1986, no decree under that law could be passed in their favour now, after the said date‑‑‑Petition dismissed. Government of N.‑W.F.P. v. Malik Said Kamal Shah P L D 1986 S C 360 rel.
Judgment & Decree
Mian Attaur Rahman, Advocate‑on‑Record for Respondents Nos.1 and 2 (in C.P. No.12 of 1981). Tanveer Ahmad, Advocate‑on‑Record for Petitioner (in C.P. No.138 of 1981). Ch. Bashir Ahmad Khan, Advocate Supreme Court for Respondents (in C.P. No.138 of 1981). M. Ihsanul Haq, Advocate Supreme Court instructed by Hameed Aslam Qureshi, Advocate‑on‑Record for Petitioner (in C. P. No.183 of 1981). Nemo for Respondents (in C.P. No.183 of 1981). Date of hearing: 30th April, 1988. MUHAMMAD AFZAL ZULLAH, J.‑‑There is a common question involved in all these three pre‑emption matters. Therefore, they are being disposed of together.
2. Each learned counsel appearing for the petitioners plaintiffs side in each case has stated that the plaintiffs have not so far succeeded in obtaining a decree for pre‑emption at any stage before any Court.
3. The Judgment of the Shariat Appellate Bench of this Court in the case of Government of N.W.F.P. v. Malik Said Kamal Shah P L D 1986 S C 360 became effective on 31st of July, 1986, and as the petitioners/plaintiffs have not succeeded so far in obtaining pre‑emption decree/s under the old law which ceased to have effect on 31st July, 1986, no decree under that law can be passed in their favour now after the said date. These petitions, therefore, fail and are, accordingly dismissed. A.A./M‑968/S Petitions dismissed.