1989 PLP 1733 (SCMR)
IMTIAZ AHMAD‑‑Petitioner Versus BINYA AMIN Respondent
| Citation | 1989 PLP 1733 (SCMR) |
| Forum / Court | High Court |
| Bench Members | Muhammad Afzal Zullah and Usman Ali Shah, JJ |
| Parties | IMTIAZ AHMAD‑‑Petitioner Versus BINYA AMIN Respondent |
| Primary Law | Punjab Pre‑emption Act (I of 1913) |
Q1: What are the key laws and sections cited in 1989 PLP 1733 (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 1989 PLP 1733 (SCMR)?
The case was heard and decided by the High Court bench comprising: Muhammad Afzal Zullah and Usman Ali Shah, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1989 PLP 1733 (SCMR) (IMTIAZ AHMAD‑‑Petitioner Versus BINYA AMIN Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Muhammad Munir Piracha, Advocate Supreme Court and Manzoor Ilahi, Advocate‑on‑Record for Petitioner (in both cases)
- Nemo for Respondent (in both Petitions).
- Date of hearing: 24th May, 1989 (in both Petitions).
Headnotes / Summary
(On appeal from the orders and judgments of the Lahore High Court, Rawalpindi Bench dated 11‑5‑1988 and 14‑5‑1988, passed in C.R. Nos. 135/88 and 316/87 respectively). ‑‑‑S.15‑‑Constitution of Pakistan (1973). Art. 185 (3)‑‑Both the pre‑emption suits were pending in which no decree had been passed before 31‑7‑1986‑‑Pre emptor's rights' to pre‑empt, held, did not survive after the 31‑7‑1986 as per Supreme Court decision in Said Kamal Shah's case reported as PLD 1986 S C 360‑‑Petition dismissed.
Judgment & Decree
USMAN ALI SHAH, J.‑‑Leave to appeal has been sought by the petitioners in both the above‑noted petitions against the judgments dated 11‑5‑&g and 14‑5‑88, arising out of pre‑emption matter. Although these petitions are not inter‑connected but the point involved in them is one and the same. Therefore, both of them are being disposed of by this single order. No decree was passed in them till 31‑7‑
86. After hearing the learned counsel for the petitioners and having gone through the findings of the Courts below, we have come to the conclusion that these petitions have no force which deserve dismissal straightaway. As in view of the judgment of this Court Shariat Apellate Bench, "in Govt. of N.‑W.F.P. through Secy. Law Department v. Malik Said Kamal Shah" (PLD 1986 S.C. 360) given effect to pre‑emption matters from 31‑7‑1987 also apply to the pending matters. As admittedly, the suits in hand were both pending cases without decrees. Hence after the target date the plaintiffs/petitioners rights to pre‑empt said not survive. In this view of the matter, there is no merit in both these petitions which are accordingly dismissed. M.A.K./1‑81/S Petitions dismissed.