1991 PLP 1705 (CLC)
ZULFIQAR ALI ‑‑‑ Petitioner Versus GOVERNMENT OF PUNJAB and others‑‑‑Respondents
| Citation | 1991 PLP 1705 (CLC) |
| Forum / Court | Lahore |
| Bench Members | Malik Muhammad Qayyum, J |
| Parties | ZULFIQAR ALI ‑‑‑ Petitioner Versus GOVERNMENT OF PUNJAB and others‑‑‑Respondents |
| Primary Law | Civil Procedure Code (V of 1908)‑‑‑ |
Q1: What are the key laws and sections cited in 1991 PLP 1705 (CLC)?
This judgment primarily cites: Civil Procedure Code (V of 1908)‑‑‑ as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1991 PLP 1705 (CLC)?
The case was heard and decided by the Lahore bench comprising: Malik Muhammad Qayyum, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1991 PLP 1705 (CLC) (ZULFIQAR ALI ‑‑‑ Petitioner Versus GOVERNMENT OF PUNJAB and others‑‑‑Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Khalid Mahmood on behalf of M. Hanif Khatana for Petitioner.
Headnotes / Summary
‑‑‑‑S. 34‑‑‑Constitution of Pakistan (1973), Arts. 199, 203‑D & 203‑G‑‑‑ Repugnancy to Injunctions of Islam‑‑‑Forum to determine‑‑‑Question whether charge of interest was repugnant to Injunctions of Islam as contained in Holy Qur'an and Sunnah could only be examined by Federal Shariat Court, in view of Art. 203‑G of the Constitution and not by the High Court--‑Constitutional petition under provision of Art. 199 of the Constitution challenging recovery of interest on loan being not maintainable was dismissed in circumstances.
Judgment & Decree
‑‑‑‑S. 34‑‑‑Constitution of Pakistan (1973), Arts. 199, 203‑D & 203‑G‑‑‑ Repugnancy to Injunctions of Islam‑‑‑Forum to determine‑‑‑Question whether charge of interest was repugnant to Injunctions of Islam as contained in Holy Qur'an and Sunnah could only be examined by Federal Shariat Court, in view of Art. 203‑G of the Constitution and not by the High Court--‑Constitutional petition under provision of Art. 199 of the Constitution challenging recovery of interest on loan being not maintainable was dismissed in circumstances. Khalid Mahmood on behalf of M. Hanif Khatana for Petitioner. This petition under Article 199 of the Constitution of the Islamic Republic of Pakistan, 1973 challenges the right of the respondents to recover interest on the loan of a sum of Rs.50,000 obtained from the Cooperative Society by the father of the petitioners.
2. It is contended by the learned counsel that the principal amount of Rs.50,000 was repaid on 30th August, 1990 by the petitioner but the respondents are taking coercive measures to recover the interest, the charge of which is violative of the Injunctions of Islam.
3. The question as to whether the charge of interest is repugnant to the injunctions of Islam as contained in Holy Qur'an and Sunnah, can only be examined by the Federal Shariat Court in view of Article 203‑G of the Constitution of the Islamic Republic of Pakistan, 1973 and not by this Court as a period of 10 years has elapsed since the enforcement of Chapter 3‑A of the Constitution of the Islamic Republic of Pakistan, 1973. The petition is not maintainable and as such is dismissed in limine. AA./Z‑213/L Petition dismissed.