1989 PLP 1263 (SCMR)
MUNAWAR BEGUM Petitioner Versus Mst. GHULAM FATIMA and others Respondents
| Citation | 1989 PLP 1263 (SCMR) |
| Forum / Court | ‑‑‑S.2‑A as inserted by West Pakistan Muslim Personal Law (Shariat) Application Act (Amendment) Ordinance (XIII of 1983), S.2‑A‑‑Constitution of Pakistan (1973), Art. 185(3)‑‑Impugned judgment of the High Court was rendered after coming into force of the Ordinance of 1983‑‑Leave to appeal was granted to examine inter alia question relating to interpretation of S.2‑A of the Ordinance of 1983 and its implication vis‑a‑vis questions involved in the case. |
| Bench Members | Muhammad Afzal Zullah, Javid Iqbal and Usman Ali Shah, JJ |
| Parties | MUNAWAR BEGUM Petitioner Versus Mst. GHULAM FATIMA and others Respondents |
| Primary Law | West Pakistan Muslim Personal Law (Shariat) Application Act (V of 1962) |
Q1: What are the key laws and sections cited in 1989 PLP 1263 (SCMR)?
This judgment primarily cites: West Pakistan Muslim Personal Law (Shariat) Application Act (V of 1962) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1989 PLP 1263 (SCMR)?
The case was heard and decided by the ‑‑‑S.2‑A as inserted by West Pakistan Muslim Personal Law (Shariat) Application Act (Amendment) Ordinance (XIII of 1983), S.2‑A‑‑Constitution of Pakistan (1973), Art. 185(3)‑‑Impugned judgment of the High Court was rendered after coming into force of the Ordinance of 1983‑‑Leave to appeal was granted to examine inter alia question relating to interpretation of S.2‑A of the Ordinance of 1983 and its implication vis‑a‑vis questions involved in the case. bench comprising: Muhammad Afzal Zullah, Javid Iqbal 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 1263 (SCMR) (MUNAWAR BEGUM Petitioner Versus Mst. GHULAM FATIMA and others Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Mian Khurshid Alam Ramy, Advocate, instructed by Tanvir Ahmad, Advocate‑on‑Record for Petitioner.
- Nemo for Respondents.
- Date of hearing: 28th February, 1989.
Headnotes / Summary
(On appeal from the judgment of the Lahore High Court, dated 25th November, 1984 in Regular Second Appeal No.393 of 1979). ‑‑‑S.2‑A [as inserted by West Pakistan Muslim Personal Law (Shariat) Application Act (Amendment) Ordinance (XIII of 1983), S.2‑A]‑‑Constitution of Pakistan (1973), Art. 185(3)‑‑Impugned judgment of the High Court was rendered after coming into force of the Ordinance of 1983‑‑Leave to appeal was granted to examine inter alia question relating to interpretation of S.2‑A of the Ordinance of 1983 and its implication vis‑a‑vis questions involved in the case. Abdul Ghafoor and others v. Muhammad Shafi and others PLD 1985 SC 407 ref.
Judgment & Decree
MUHAMMAD AFZAL ZULLAH, J.Leave. to appeal has been sought, against the impugned judgment of the High Court rendered in a Regular Second Appeal. Litigation had arisen out of a will made under custom and the controversy between the parties regarding inheritance under customs and/or Muslim Law as also the validity of a gift. Amongst others one of the questions raised in this petition relates to the interpretation of section 2‑A of West Pakistan Muslim Personal Law (Shariat) Act (Amendment) Ordinance XIII of 1983 and its application to the present case. This Court while interpreting the said law has already ruled that depending upon the circumstances of each case it has retrospective effect‑‑see Abdul Ghafoor and others v. Muhammad Shafi and others P L D 1985 S C
407. Although the impugned judgment was rendered after coming into force of the said Ordinance, it seems that the same was not properly taken note of. After hearing the learned counsel we consider it a fit case inter alia to examine the implication of the new law vis‑a‑vis the questions involved in this case. Accordingly we grant leave to appeal to examine this question, other questions related thereto and those raised in this petition Security Rs.5,
000. The appeal shall be prepared on the present record with direction to the parties to file all additional documents which would be necessary for disposal of the appeal. M.B.A./M‑884/S Leave granted.