1989 SCMR 2012(1) (PLP)
SULTAN KHAN Appellant Versus THE GOVERNMENT OF N.‑W.F.P. through Secretary,
| Citation | 1989 SCMR 2012(1) (PLP) |
| Forum / Court | Shariat Appellate Bench |
| Bench Members | Muhammad Afzal Zullah, Chairman, Nasim Hasan Shah, |
| Parties | SULTAN KHAN Appellant Versus THE GOVERNMENT OF N.‑W.F.P. through Secretary, |
| Primary Law | Constitution of Pakistan (1973) |
Q1: What are the key laws and sections cited in 1989 SCMR 2012(1) (PLP)?
This judgment primarily cites: Constitution of Pakistan (1973) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1989 SCMR 2012(1) (PLP)?
The case was heard and decided by the Shariat Appellate Bench bench comprising: Muhammad Afzal Zullah, Chairman, Nasim Hasan Shah,.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1989 SCMR 2012(1) (PLP) (SULTAN KHAN Appellant Versus THE GOVERNMENT OF N.‑W.F.P. through Secretary,). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Headnotes / Summary
‑‑‑Arts.203‑D & 203‑F‑‑North‑West Frontier Province Tenancy Act (XXV of 1950), S.4‑‑North‑West Frontier Province Tenancy Rules, 1981‑‑Repugnancy to Injunctions of Islam‑‑Whole of S.4, North‑West Frontier Province Tenancy Act, 1950 and the North‑West Frontier Province Tenancy Rules, 1981 are repugnant to Injunctions of Islam‑‑Operation of S.4, North‑West Frontier Pronvice Tenancy Act, 1950, the Rules framed there under and the provisions ancillary thereto which are self‑executory shall not be in any manner affected by the decision till the said provisions cease to have effect i.e. on 23‑3‑1990 whereupon the provisions declared repugnant to the Injunctions of Islam shall cease to have effect.
Judgment & Decree
THE GOVERNMENT OF N.‑W.F.P. through Secretary, Revenue Department Respondent Shariat Appeal No.16 of 1984, decided on 10th August, 1989. ‑‑‑Arts.203‑D & 203‑F‑‑North‑West Frontier Province Tenancy Act (XXV of 1950), S.4‑‑North‑West Frontier Province Tenancy Rules, 1981‑‑Repugnancy to Injunctions of Islam‑‑Whole of S.4, North‑West Frontier Province Tenancy Act, 1950 and the North‑West Frontier Province Tenancy Rules, 1981 are repugnant to Injunctions of Islam‑‑Operation of S.4, North‑West Frontier Pronvice Tenancy Act, 1950, the Rules framed there under and the provisions ancillary thereto which are self‑executory shall not be in any manner affected by the decision till the said provisions cease to have effect i.e. on 23‑3‑1990 whereupon the provisions declared repugnant to the Injunctions of Islam shall cease to have effect. In view of the decision given by the Shariat Appellate Bench in Shariat Appeal No. 1/81 etc. this appeal is allowed. The whole of section 4 of the N.‑W.F.P. Tenancy Act, 1950 and the N.‑W.F.P. Tenancy Rules, 1981, are held to be repugnant to the Injunctions of Islam. This decision shall take effect on 23rd March, 1990 whereupon the provisions declared repugnant to the Injunctions of f Islam shall cease to have effect.
2. The operation of section 4 of the N.‑W.F.P. Tenancy Act, 1950, the Rules framed there under and the provisions ancillary thereto which are self‑executory shall not be in any manner affected by this decision till the aforesaid provisions cease to have effect, i.e. on 23‑3‑1990. M.B.A./S‑463/S Appeal allowed.