P L D 1990 Supreme Court 933 (PLP)
SHAD MUHAMMAD‑‑Petitioner Versus SHAH POOR‑‑Respondent
| Citation | P L D 1990 Supreme Court 933 (PLP) |
| Forum / Court | ‑‑‑Art. 189‑‑‑Till a change in law declared by Supreme Court is brought about by statutory or other means, the said law shall continue to be valid in the meanwhile.‑‑Supreme Court‑‑Precedent. |
| Bench Members | Muhammad Afzal Zullah, C,J . and Abdul Qadeer Chaudhry, .l |
| Parties | SHAD MUHAMMAD‑‑Petitioner Versus SHAH POOR‑‑Respondent |
| Primary Law | Constitution of Pakistan (1973)‑‑ |
Q1: What are the key laws and sections cited in P L D 1990 Supreme Court 933 (PLP)?
This judgment primarily cites: Constitution of Pakistan (1973)‑‑ as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case P L D 1990 Supreme Court 933 (PLP)?
The case was heard and decided by the ‑‑‑Art. 189‑‑‑Till a change in law declared by Supreme Court is brought about by statutory or other means, the said law shall continue to be valid in the meanwhile.‑‑Supreme Court‑‑Precedent. bench comprising: Muhammad Afzal Zullah, C,J . and Abdul Qadeer Chaudhry, .l.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: P L D 1990 Supreme Court 933 (PLP) (SHAD MUHAMMAD‑‑Petitioner Versus SHAH POOR‑‑Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Mian Muhammad Younus Shah, Senior Advocate Supreme Court and Manzoor Ilahi, Advocate‑on‑Record for Petitioner.
- Nemo for Respondent.
- Date of hearing: 20th May, 1990.
Headnotes / Summary
‑‑‑Art. 189‑‑‑Till a change in law declared by Supreme Court is brought about by statutory or other means, the said law shall continue to be valid in the meanwhile.‑‑[Supreme Court‑‑Precedent]. Mir Alam Gul v. Ismail PLD 1990 SC 926; Gulzada v. Muhammad Usman through legal heirs and 6 others P L D 1990 S C 465; Ahmad Khan v. Sattar Din P L D 1981 S C 148 and Bashir Hussain Shah v. Maskin 1988 S C M R 1251 ref.
Judgment & Decree
Mir Alam Gul v. Ismail PLD 1990 SC 926; Gulzada v. Muhammad Usman through legal heirs and 6 others P L D 1990 S C 465; Ahmad Khan v. Sattar Din P L D 1981 S C 148 and Bashir Hussain Shah v. Maskin 1988 S C M R 1251 ref. Mian Muhammad Younus Shah, Senior Advocate Supreme Court and Manzoor Ilahi, Advocate‑on‑Record for Petitioner. Nemo for Respondent. Date of hearing: 20th May, 1990. MUHAMMAD AFZAL ZULLAH, CJ.‑‑Learned counsel for the review petitioner has relied on order dated 23‑10‑1989 in Civil Appeal No.95 of 1980 (see PLD 1990 SC 926 at p.928) to support the proposition that the partial success of the petitioner in retaining 1 kanal 10 marlas of the land in Khasra No.1059, would benefit him in asserting superior right of pre‑emption as a co?sharer, also regarding the remaining land. The said order of reference to a larger Bench came under examination in a recent judgment reported as Gulzada v. Muhammad Usman through legal heirs and 6 others PLD 1990 SC
465. It reiterated the view in Ahmad Khan v. Sattar Din PLD 1981 SC 148 which is sought to be changed. It was held: "the conditions and limitations for re?examination of law declared by this Court are not satisfied here. Accordingly the law laid down in the case of Ahmad Khan would hold the field and the reference made on 23‑10‑1989 in the case of Mir Alam Gul to a larger Bench also, stands satisfied by the decision in the meanwhile in the case of Bashir Hussain Shah v. Maskin 1988 SCMR 1251 by the larger Bench of 4 Judges." This case of Gulzada was also decided by 4 Judges. Accordingly, it would not be proper to accept the prayer of the learned counsel that this review petition should remain pending any more till the decision of the reference made on 23‑10‑1989. Moreover, till a change in law declared by the Supreme Court is brought about by statutory or other means, the said law shall continue to be valid in the meanwhile. Accordingly, there is no force in this review petition and the same is dismissed. M.B.A./S‑564/S ????????????????????????????????????????????????????????? Petition dismissed.