P L D 1992 Federal Shariat Court 538 (PLP)
GULZAR AHMAD KHAN, SENATOR‑‑‑Petitioner Versus PROVINCE OF PUNJAB through Secretary, Cooperative Government of Punjab‑‑‑Respondent
| Citation | P L D 1992 Federal Shariat Court 538 (PLP) |
| Forum / Court | |
| Bench Members | Tanzil‑ur‑Rahman, CJ., Abaid Ullah Khan and Nazir Ahmad Bhatti, JJ |
| Parties | GULZAR AHMAD KHAN, SENATOR‑‑‑Petitioner Versus PROVINCE OF PUNJAB through Secretary, Cooperative Government of Punjab‑‑‑Respondent |
Q1: What are the key laws and sections cited in P L D 1992 Federal Shariat Court 538 (PLP)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case P L D 1992 Federal Shariat Court 538 (PLP)?
The case was heard and decided by the bench comprising: Tanzil‑ur‑Rahman, CJ., Abaid Ullah Khan and Nazir Ahmad Bhatti, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: P L D 1992 Federal Shariat Court 538 (PLP) (GULZAR AHMAD KHAN, SENATOR‑‑‑Petitioner Versus PROVINCE OF PUNJAB through Secretary, Cooperative Government of Punjab‑‑‑Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Representation
- Syed Afzal Haider for Petitioner.
- Nazir Ahmad Ghazi, Asstt. A: G. with Maqsood Ahmad Khan for Respondents.
- Date of hearing: 22nd June, 1992.
Headnotes / Summary
Cooperative Societies Act (VII of 1925)‑‑‑ ‑‑‑‑Preamble‑‑‑Constitution of Pakistan (1973), Art. 203‑D‑‑Repugnancy to Injunctions of Islam ‑‑‑Circulars bearing Nos. 603‑22‑RCS, dated 13th February, 1960, RCS/B and C/4869‑5018, dated 5th December, 1979 issued by the Registrar, Cooperative Societies, Punjab to the extent they provided for charging interest were repugnant to Injunctions of Islam and unless they were suitably amended by the Provincial Government, the same should cease to be effective as on and from the 1st January, 1993. Dr. Mahmood‑ur‑Rahman Faisal v. Government of Pakistan PLD 1992 FSC 1 fol.
Judgment & Decree
TANZIL‑UR‑RAHMAN, CJ.‑‑‑Heard the learned counsel for the parties
2. By this petition two circulars bearing Nos. 603‑22‑RCS, dated the 13th February, 1969 and RCS/B&C/4869‑5018, dated the 5th December, 1979, issued by the Registrar Cooperative Societies Punjab, Lahore, have been challenged on the ground that the said circulars to the extent they provide for charging interest are repugnant to the Injunctions of Islam. Reliance is placed on a judgment of this Court reported as Dr. Mahmood‑ur‑Rahman Faisal v. Government of Pakistan PLD 1992 FSC
1. For the reasons recorded in the aforesaid judgment the above‑referred circulars to the extent they provide for charging interest are declared repugnant to the Injunctions of Islam as laid down in the Holy Qur'an and Sunnah. Unless the said circulars, declared repugnant herein, are suitably amended by the Provincial Government, the same shall cease to be effective as on and from the 1st of January, 1993. M.BA./719/FSC Petition accepted.