federalshariatcourt.gov.pkfederalshariatcourt.gov.pk/Leading Judgements/pending... · Web viewThis Petition be restored to its original number and it shall be deemed to be pending

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PENDENCY OF SHARIAT PETITIONS/SHARIAT MATTERS SUBJECT WISE LIST UPTO 31-10-2011.

S.No PETITION NO. & NAME OF PARTIES

LAW CHALLENGED F.B.L.B.

P.H.R.H.

Remarks

1. S.S.M.No.41/A/1987

Sections 21,34,35,51,54, 55, 55-A, 57, 67, 71, 73, 76, 77, 78, 79,85,86,105, 106,107, 130, to 149,151, 153-A, 155-A to229, 272, 273, 275, 292 to 338, 361, 363, 364-A, 378,390 to 420, 478,489,494 to 496 503 to 51 of the Pakistan Penal Code, 1860. (CPC)

F.B. R.H. (Due to pivotal importance the matters were fixed alongwith vide orders dated: 28-8-2008, 21-10-2008, 27-11-2008, 26-2-2009 at Islamabad, 6-1-2009, 15-1-2009, 11-3-2009 at Karachi, 11-2-2009 at Lahore).

Last Order dated 25-10-2010. The Court has directed the written comments filed by Mr. M. Tufail Hashmi, Federal Government and Government of the Punjab will be considered at the time of hearing Adjourned date in office.

2. S.S.M.No.22 /1987

Section 402-A, 402-B. 402-C of PPC added by the Pakistan Penal Code (Second Amendment) Ordinance XXX of 1981.

F.B. R.H. Last Order dated 25-10-2010. The Court has directed the written comments filed by Mr. M. Tufail Hashmi, Federal Government and Government of the Punjab will be considered at the time of hearing Adjourned date in office.

3. S.S.M.No.53/1987

Section 354-A of PPC inserted by Criminal Law (Amendment Ordinance XXIV of 1984 ) & Amendment in schedule of Criminal Procedure Code,1860(Cr.P.C).


2

4. S.P.No.3/K/1993Malik Muhammad Usman Vs. Govt. Of Pakistan

Sub-Section (a) and (c) of section 302 added by Cr. Law (Second Amendment) Ord. XVIII of 1991


5. S.P.No.5/K/1993Malik Muhammad Usman Vs. Govt. of Pakistan

Section 320 PPC Cr. Law(Second Amendment)Ordinance 1991



Section 426 of Pakistan Penal Code, (XLV of 1860).

(As Mentioned Above)



Section 193 of PPC

(As Mentioned Above)


3


Section 379 of PPC (As Mentioned Above)


Juvenile Justice System Ordinance 2000 and Section 302, 148 149 109 of PPC9. S.P.No.1/L/2002

Syed Zulfiqar Vs.Federation of Pakistan

Sections 302, 148,149,109, of PPC, Juvenile Justice System Ordinance 2000.

(Transferred to Islamabad vide order dated: 26-2-2007.

F.B. R.H. Last Order dated 27-11-2008. Standing counsel of Federal Govt. has filed a copy of order of the Hon’ble Supreme Court in Civil Petition Nos. 300 and 303 of 2005 in which same issues involved. This matter has not been decided by the Supreme Court as yet. Accordingly Adjourned this till final decision of Supreme Court.

QISAS / DIYAT10. S.P.No.4/I/2005

Dr. Muhammad Aslam Khaki Vs.Federal of Pakistan etc.

Section 302 (b) of PPC. & Section 345 (2) Cr.P.C.

L.B. R.H. Last Order dated 1-4-2009. Comments have been filed by the Federal and Provincial Governments, copies of which were supplied to the petitioner. Reply of the same may be filed within two weeks hereof. To come up after two weeks. Case will be fixed after availability of larger Bench.

4

11. S.P.No.2/I/2007Muhammad Yar Vs.Federation of Pakistan etc.



12. S.P.No.4/I/2007Zafar etc Vs.Federation of Pakistan etc.



13. S.P.NO.1/P/1997Director & Members Al-Quran Research Academy Vs. Govt. of Pakistan.

Alongwith

Cr.Rev.No.4/L of 2007Mst. Fahmeda Vs. Khalid Mehmood

Sections 54,55, 55-A, 309,310,312,313 PPC and Section 345 Cr.P.C. Amended by Criminal Law (Amendment Act, 1997)

Seeking implementation of injunctions of Islam EMBODIED IN WAIVER of Right of Qasas Provided in Sub Sec (2) of Sec 309 Read with Sec, 311, 313 and Clause (K) of Sec 299 PPC.

L.B.

do-

R.H.

H.

Last Order dated 1-4-2009. Comments have been filed by the Federal and Provincial Governments, copies of which were supplied to the petitioner. Reply of the same may be filed within two weeks hereof. To come up after two weeks. Case will be fixed after availability of larger Bench.

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14 Sh.P.No.2/I/2011Syeda Viquar-un-Nisa Hashmi VsFederal Government of Pakistan

Sections 306(b)(c), 307(1)(b)(c), 309(1) and 310(1) of Chapter 16 of Pakistan Penal Code. 1860 Relating to Qisas and Diyat Law.

F.B. P.H Fixit before the Full Bench as approved by Learning Registrar on 13-6-2011.

FOR IMPLEMENTATION OF THE JUDGMENT SECTION 295-C, PPC

15. S.P.No.8/I/2007Ilyas Masih Monem Vs.Federation of Pakistan.

For Implementation of the judgment dated 30.10.1990 for amendment in Section 295-C of Pakistan Penal Code. Passed in S.P.No.6/L of 1987.

F.B. P.A.N.

Last Order dated 5-3-2009 case to come up at Islamabad after one month.Last Notice to Federal Government.

CONTEMPT OF COURT ACT16 Sh.Misc.App.

No.9/I/2010Tehrik Tahaffuz-e-AdliaVs.Asif Ali Zardari President Islamic Republic of Pakistan and 2 others.(Hashmat Ali Habib Advocate Supreme Court in person

Under Article 203(E)(3)/ Article 204 of the Constitution of Islamic Republic of Pakistan an Read with section 3 of the contempt of Court Act, for non implementation of Judgment dated 30-10-1990.

F.B. P.H. Filed on 20-12-2010INS.P.NO.6/L/87

17. S.P.No. 3/I of 2004Fazalur Rahman Rana. Vs.Govt of Pakistan.

Section 172 (2) of the Code of Cr.P.C.

F.B. R.H. Last Order dated 14-04-2010. Adjourned Date In Office. Repeat Notices.

SINDH RENTED PREMISES (AMENDMENT) ORDINANCE 197918. S.P.NO.4/I/1999

Capt.(R) Mukhtar Ahmad Shaikh Vs.Govt. of Sind

Section 3, 4(1) of 1984 Section 6 of the Sindh Rented Premises Ordinance, 1979, (Amendment) Ordinance, 1979 and Sindh Rented Premises (Amendment) Ordinance, 1984.

F.B. H Last Order dated 18-9-2007. Mr. Arshad H.Lodi A.A.G. Sindh has filed statement that an appeal had been preferred before the Shariat appellate Bench of the Supreme Court of Pakistan against the Order of this Court which is likely to be taken up by the Shariat appellate Bench in due Course of time and he will inform us about the development in the case. Adjourned this Shariat Petition sine die.

PUNJAB PRE-EMPTION ACT-1991

6

19.

20.

S.P.NO.33/L/1994Muhammad Younas Vs. Province of Punjab etc. L/W

S.P.No.16/L/1999Muhammad TariqEtc. Vs. Province of Punjab

SECTION 34(2) OF PUNJAB PRE-EMPTION ACT IX 1991

SECTION 13 OF PUNJAB PRE-EMPTION ACT IX 1991

(Sh.Misc.17/L/2000 Addl Ground, on behalf of Petitioner Sh.Misc.No.3/I/2007 For placing document in record.

F.B. H Adjourned dated in office 12-4-2010.

21. S.P.NO. 5/I/2010Tariq Mahmood Vs. Government of Pakistan etc

PUNJAB PRE-EMPTION ACT IX 1991.Judgment in respect of Pre-Emption suit passed by Muhammad Shafi Additional District Judge, Gujjar Khan.

F.B. P.H. Last Order dated 18-10-2010, Adjourned dated in office.

Representation of People Act, 1976 Amendment Act, No.IX of 199122. S.P.No.28/I/1992

Habib - ul- Wahab Al-Khairy, Adv.Vs. Federation of Pakistan & another.

Section 5,6,7,13,14,15,16,17,18,20 and 23 of Representation of People Act, 1976 Amendment Act, No.IX of 1991.

F.B. R.H. Sine die vide order at 12-9-2007 due to pending before Hon’ble Supreme court Shariat Appellate Bench. Accordingly, this Shariat petition Adjourned sine die.

Muslim Personal Law (Shariat) Act (Amendment) Ordinance XIII of 1983

7

23. Sh.P.No.19/I/1998Mst. Sakina Bibi

etcVs

Government of Punjab

Section 2-A West Pakistan Muslim Personal Law (shariat) Act (Amendment) Ordinance XIII of 1983.

F.B. R.H. Last Order dated 19-10-2010. Adjourned date in office.

MUSLIM MARRIAGES ACT 193924. Sh.P.No.19/I/1997

Mehboob Ahmed Vs

Government of Pakistan

Section 2(IX) of dissolution Muslim Marriages Act, 1939.

F.B. R.H. Last Order dated 19-10-2010. Adjourned date in office on request of Assistant Advocate General Baluchistan. Office is directed to supply the copy of the Shariat Petition A.A.G. Baluchistan.

25. S.P.No. 3/I/2001Dr.Ali Sajid Vs. Federation of Pakistan.

Section 2 of Dissolution of Muslim Marriage Act, 1939.

L.B. R.H. Last Order dated 2-4-2009. Adjourned date in office. The matter be fixed at Islamabad.

MUSLIM FAMILY LAWS ORDINANCE, 1961.

8

26. S.P.NO.5/I/2007GHULAM MUHAMMAD VS. FEDERATION OF PAKISTAN & ANOTHER

Section 4 of the Muslim Family Laws Ordinance, 1961.

F.B. P.H. Last Order dated 25-8-2008. Issue Notice subject to be decided before the Hon’ble supreme Court Sine Die.

26-A

S.P.NO.1/I/2009MUHAMMAD TARIQ VS. FEDERATION OF PAKISTAN ETC.

Section 4 of the Muslim Family Laws Ordinance, 1961

F.B. P.H. Last Order dated 19-3-2009, Adjourned date in office.

27 Sh.P.No.5/I/2011Khawar Iqbal

Vs.Federation of

Pakistan

Section 8 of the Muslim Family Law Ordinance, 1961.

F.B. P.H. Be fixed before F.B. as approved by the Hon’ble Chief Justice on 27-10-2011.

Tajdeed-e-Nikah28. Sh.P.No.6/I/2010

Muhammad Shah and another

VsThe State

In respect of Tajdeed-e-Nikah and offer and acceptance of Remarriage

F.B. R.H Last Order dated 26-10-2010. The issues were stroked by this Court. The Juris-consults were requested to assist this Court on those issues. Prof. Dr.Muhammad Taufail Hashmi and Ms. Syeda Viqar-un-Nisa Hasmi, Advocate have submitted that a copy of these issues stroked by this court be given to them so that comments can be filed in this Court. Let a copy of these issues be sent to all the Juris-consults. The juris-consults have requested for one month’s time to prepare the case.

OFFENCE OF ZINA

9

29. S.P.No.1/I /2006Dr. Muhammad Aslam Khaki Vs. Federation of Pakistan through M/O Justice, Islamabad.

Section 2 (d), 8, 10, 11, 12, 13, 14, 15, 16 of the Offence of Zina (EOH) Ordinance, 1979.

L.B. H. Last Order dated 2-4-2009. Nemo for the Petitioner Heard Dr. M. Tufail Juris-consult Adjourned date in office.

PAKISTAN ARMY Act

30. S.P.NO.3/I/2008Col(R) Muhammad Akram Vs. Federation of Pakistan through Ministry of Defence, Rawalpindi.

Provisions of Pakistan Army Regulations (Rule) 269-A,Sub-rule”c”,and the parallel Provisions, if any, of Pakistan Navy and Pakistan Air Force. Regarding Dismissal/Premature Retirement

F.B. P.A.N.

Last Order dated 18-3-2009. Adjourned date in office.

31. S. P No.4/I/2008Col(Retd)Muhammad Akram.Vs. Federation of Pakistan through Ministry of Defence, Rawalpindi.

Army Regulation(Rules, 133,149 and2004)A.R (Rules) 133Clause ‘Q’ ‘R’ and ‘u’ and the parallel Rules of Pakistan Navy and Pakistan Air Force.

F.B. P.A.N.


32. S. P. No.6/I/2008 Col (Retd)

Pakistan Army Act and the Rules Made there

F.B. P.A.N.


10

Muhammad Akram. Vs. Federation of Pakistan through Ministry of Defense, Rawalpindi. Cantt

under:- Section 88,99,62, 136,101,127,128,86,98,23,Rules 90 to 116,1 Pakistan Navy Ordinance and the Rules made there under:- Section 95,102,97,Rule,51,68,69. Pakistan Air Force Act and the Rules made there under: Section 108, 114, 81, 82, 83,84, Rules 47,48, 49,56.

33. S.P. No.7/I/2008Col ( Retd) Muhammad Akram. Vs. Federation of Pakistan through M/O Defence, RWP.

Sections 65 (1) (b) 65 (2) (b) and 66 of Pakistan Army Act, Section 82 (b) and 84. Pakistan Navy Ordinance.Section 90 (b) 91 (b) & 93. Pakistan Air Force Act

F.B. P.A.N.


34 S. P .No.8/I/2008Col (Retd) Muhammad Akram. Vs. Federation of Pakistan through Ministry of Defence, Rawalpindi. Cantt

With holding Announcement of findings and sentence recorded by the Courts of Martial, Convened under Pakistan Army Act. The Federal Government , Ministry of Deence be asked to make in the Rules, made under Pakistan Army Act, on lines as are contained in Pakistan Navy Ordinance Rules and Pakistan Air Force Act Rules and Ministry of Defence be asked to issue directions, pending required amendment in the Rules. Colonization Act.

F.B. P.A.N.


35. S.P.No.9/I/2008Col.M.Akram Vs.

Regarding Right of appeal in Army, Navy and Air

F.B. Last Order dated 18-3-2009. Adjourned date in office.

11

Federation of Pakistan

Force

LAND ACQUISITION ACT, 1894, LAND REVENUE ACT, 1967 36. S.P.No.1/I/2004

Wapda Vs. Federation of Pakistan etc.(Mr. Muhammad Ashraf Sheikh, Adv. For Petitioner)

Section 28, 32, 33, 34 of the Land Acquisition Act, 1894.

L.B.H.J

P.A. N.

Last Order dated 9-3-2009, Mr. Tariq Ali appears for the Federal Government and request time for filing comments.

36-A

S.P.No.4/L/2003Wapda Vs. Province of Punjab etc.

Section 28, 34 of the Land Acquisition Act, 1894.

(To be heard alongwith similar Petitions Vide order dated:26-2-2007)

F.B. H. Last Order dated 22-4-2009. Adjourned date in office.

36-B

S.P.NO.6/L/2003Wapda & another Vs. The Government of Punjab & another

Section 28, 34 of the Land Acquisition Act, 1894.



36-C

S.P.No.9/L/2003Wapda and another Vs. Province of Punjab etc.

Section 28, 34 of the Land Acquisition Act, 1894



36-D

S.P.No.2/L/2004Tehsil Municipal

Interest Act, 1839 and Saving Act, 1873.


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Administration Kasur Vs. Federation of Pakistan etc.

Under section 28 and 34 of the land acquisition Act, 1894.

(Taken up alongwith them Vide order 7-3-2007).

CMLA, Pakistan, No.64, West Pakistan Land Reforms Regulation, 1959. Land Reforms Act No. II of 1977.

37. S.P.NO.2/I/2010Mst. Maroofa Vs.Federation of Pakistan

i. Martial Law Regulations by CMLA, Pakistan, No.64, West Pakistan Land Reforms Regulation (Government of Pakistan, Notification No.181/59, dated: 7th February 1959 Gazette of Pakistan Extraordinary, 3rd March 1959). ii. Land Reforms Act No. II of 1977, dated: 9th January, 1977

F.B. R.H. Last Order dated 25-10-2010. Adjourned to date in office. Last Letter 29-10-2010.

FRONTIER CRIMES REGULATION38.

38-A

S.P.NO.4/L/1994Sh. Farooq Ahmed Vs. Federation of Pakistan L.W.

Sh.Misc.No.144/L OF 1994Sheikh Farooq Ahmed Vs.Federation of Pakistan

Section 8 of the F.C.R. 1901.

(Same order to be heard alongwith S.P.No.14/I of 1994 Islamabad)


L.B. R.H. Last Order dated 4-9-2008. Adjourned date in office.

39. S.P.No.14/I/1994Haji Rasool Sahib & others Vs.Govt. of NWFP etc. (Mr. Javed A. Khan Adv. For Petitioner)



40. S.P.No.17/I/1998Muhammad Jan &

Section 8,11,22,23,26,30,32,33,34


13

others Vs. Govt. of Pakistan etc. (Mr. Muhammad Iqbal Khan Mehmand Adv. For petitioners) L.W.SH.MISC.NO.10/I of 1999 &SH.MISC.NO.1/I/2008

,36 and 40 of F.C.R. 1901.

Application for amended petition.

Request for no more action is required.

41. S.P.NO.2/P/2000Said Hasan etc. Vs.Govt. of Pakistan (Mr. Muhammad Iqbal Khan Mehmand Adv. for petitioners)


(To be heard alongwith 14/I of 1994 L/W 17/I of 1998 (at Islamabad) Vide order dated:1-6-2000


42.

S.P.No.3/P/2000 AlongwithMukamal Shah VsGovt. of Pakistan

Sh.Misc.51/I of 2002

Section 8,11,12, 22,23, & 40 of F.C.R.1901

(To be heard alongwith 14/I of 1994 L/W 17/I of 1998 (at Islamabad) Vide order dated:12-10-2000

L.B. R.H. PART HEARD4-9-2008

Application for conversion of Shariat Petition into Criminal appeal.

43. S.P.No.3/I/2000Masl Khan etc. Vs. Tribal F.C.R. etc


L.B. R.H. PART HEARD4-9-2008

44. S.P.N0.6/I/2000Taj Muhmmad alias Taja Vs. Govt. of Pakistan & others (Dr. M. Aslam Khaki, Adv. for Petitioner).

Section 21,22 & 31 of F.C.R.1901


45. S.P.No.4/I/2000Rahimullah Vs.



14

Federal Govt. through Secretary M/O Law ( Mr. Muhammad Iqbal Khan Mehmand Adv. for petitioners)

46. S.P.NO.1/P/2001Daulat Khan Vs.Govt. of Pakistan & others(Hayatullah Khan Adv. for petitioner)



47. S.P.NO.4/I/2001Bedar Khan Vs.Member Tribunal FCR.etc.( Mr. Muhammad Iqbal Khan Adv. for petitioner)



48 S.P.No.7/I/2004Sahib Jan Vs Member Tribunal FCR etc.



49. S.P.No.6/I/2001Qiamat Gul etc. Vs.Federation of Pakistan (Mr.Abdul Rehman Siddiqui Adv. for Petitioner)



50. S.P.No.9/I/2001Haji Shaukat



15

Khan Vs. Federation of Pakistan (Mr. Muhammad Iqbal Khan Mehmand Adv. for petitioner)

51.

S.P.No.6/I/2003H.Wilayat Khan Vs.Govt. of Pakistan & others L.W Sh.Misc.No.17/I/2003

Section 8, 11, 22,23,26,30,32,33,36 & 40 of Frontier Crimes Regulation 1901.


52.

S.P.No.1/P/2004Mian Abdul Rehman Vs. Govt. of Pakistan & others (Mr.Abdul Qayyum Sarwar, Adv. for petitioner). AlongwithSh.Misc:No.76/I OF 2004

Sh.Misc:No.77/I OF 2004


(To be heard alongwith similar Petition Vide order dated:12-2-2007


53. S.P.NO.1/P/2009Shah Muhammad

Vs.Federation of Pakistan etc.

FCR, 1901 F.B. P.H. Last Order dated 18-10-2010, the learner counsel for the Petitioner wants to make amendment in this Petition. Let him do so through proper Application adjourned to date in office.

54. S.P.No.7/I/2010Taza Khan Vs

Land dispute FCR, F.B. P.H. Filed on 3-12-2010.

16

Government of Khyber pakhtoon kwa etc.

Punjab Tenancy Act, 188755. Sh.P.No.19/I/92

Ghulam Haider Khan etc

VsGovernment of

Punjab

Punjab Tenancy Act (XVI) 1887 XXVI1925, S.S.M.5/NWFP/84 (XX) 1950, S.S.M.12/S/1984.

F.B. R.H. Last Order dated 25-10-2010. The office is directed to inform Mr. Abid Hussain Minto to Senior Advocate Supreme Court of Pakistan, and former president of Supreme Court Bar Association, to assist this Court on the issue involved in this case. Adjourned to a date on office. Letter sent on 29-10-2010.

56. S.P.NO.5/I/2002Haji Sarfraz Khan Vs.Govt. of NWFP etc.

Sub Section (VIII) of Section 2 of the NWFP Tenancy Act, 1950.

F.B. R.H. Last Order dated 04-05-2010. Part head. Adjourned date in office fixed for 25-10-2010. List canceled Adjourned.

The Cantonment Act, 192457. S.P.NO.52/I/1992

Fazal Ellahi Siddiqui Vs.Federation of Pakistan

Section 13-A, 15-B, and 25 of the Cantonment Act, 1924.

F.B. R.H. Last Order dated 17-3-2009 to be fixed after two months. Request general Adjournment for two months.

Accused persons Act, 197358. S.P.NO.3/I/2009

Dr. M. Aslam KhakiVs. Federation of Pakistan etc.

Section 2 of the Removal of Accused Persons Act, 1973.

L.B. P.H. Last Order dated 26-08-2009. Notice to the Federation and anothers.

LAW RELATING TO INSURANCE/RECOVERY OF INTEREST/RIBA

17

59. S.P.NO.4/L/2001Sheikh Aftab Ahmad Vs. Government of Pakistan.

Under Sub. Section (3) of Section 18 Financial Institutions (Recovery of Ordinance No. XLVI, 2001).

F.B. R.H. Last Order dated 22-4-2009. At the request adjourned date in office at Karachi. (Adjourned order according)

60. Sh.P.No.1/I/2002Zahida Haq

VsGovernment of

Pakistan

Challenging Section 10 of the Financial Institution ns (Recovery of Finances) Ordinance, 2001.

F.B. R.H. Last Order dated 18-10-2010, this Petition should be fixed before some other bench when available.

HBFC ACT, XVIII of 1952.61. Shariat Petition

No.1/L/2008Mst. Shaista

Yasmeen and anthers

VsFederation of Pakistan and

anothers

Sections 24 Sub-section (6) and (8) of the Housing Building Finance Corporation Act XVIII of 1952.

F.B. H Last Order dated 30-4-2010. These Courts has our jurisdiction to provide interim relief to an aggrieved individual. Let the case be fixed alongwith other cases after the respondents have file the written statements.

62. S.P.No.11/I/1989Mushtaq Hussain Shah Vs. WAPDA

Against Compulsory deduction of Premium for Group Insurance.

F.B. H Sine die due to pendency of appeal before Hon’ble Supreme Court of Pakistan.

Pakistan Bar Council Act, 1973.63. S.P.No.59/I/1992 Section 61 (2) (C) of the F.B. R.H. To be heard alongwith Interest

18

64.

Roshan Din Roshan Vs. Govt. of Pakistan etc. L.WS.S.M.No.13/I/1992

Pakistan Bar Council Act, 1973.

matters 30-5-2007.

65. S.S.M.No.5/I/1991

The Insurance Act, 1938. F.B. P.H. To be heard alongwith Interest matters 30-5-2007.

66. S.S.M.No.2/I/1992

The War Injuries (Compensation Insurance Act, 1943.

F.B. P.H. To be heard alongwith Interest matters 30-5-2007.

67. S.S.M.No.3/I/1992

The Riots and Civil Commotion Risks Insurance Ordinance, 1947


68. S.S.M.No.4/I/1992

The Pakistan Insurance Corporation Act, 1952


69. S.S.M.No.5/I/1992

The Employees Social Insurance Ordinance, 1962


70. S.S.M.No.6/I/1992

The War Risks Insurance Ordinance, 1965


19

71. S.S.M.No.7/I/1992

The Federal Employees Benevolent and Group Insurance, Act,1969


72. S.S.M.No.8/I/1992

The War Risks Insurance Ordinance, 1971


73. S.S.M.No.9/I/1992

The Life Insurance (Nationalization) Ordinance, 1972


74. S.S.M.No.10/I/1992

The Employees Old Age Benefits Act, 1976


75. S.S.M.No.11/I/1992

The National Insurance Corporation Act.1976


NATIONAL SAVINGS MATTERS76. S.P.NO.7/I/1992 Rules 6,7,8,9.10.11 and F.B. R.H. Last Order dated 30-5-2007.

20

Abdur Rehman Siidiqui & other Vs. Federation of Pakistan

L/W

12 Special Savings Certificate Rules, 1990

Adjourned date in office.

77. S.P.NO.8/I/1992.Abdur Rehman Siddinqui & another Vs. Federation of Pakistan.L/w

Rules 44, 44-A,45, 46 and 47 of Defense savings Certificates Rules, 1966.


78. S.P.NO.9/I/1992.Abdur Rehman Siddiqui & another Vs. Federation of Pakistan

Rules 9 of Mahana Amdani Account Rules, 1983.


79. SH.MISC.No.7/L of 2004In Sh.P.No.4/L of 2004United Bank Limited Vs. M/S. Farooq and othersINSh.P.No.30/L/91

Application for early hearing (Riba Case).

(Remanded Case).

F.B. H NILApplication for early hearing

80. SH.MISC.No.8/I of 2007Syed Muhammad Baqir Ali Gilani Vs. Govt. of PakistanAlongwithSh.P.No.30/I/90

INTEREST /RIBA.Quashment of Un-Islamic Law Proceeding on Loan-Liabilities Riba.

F.B. H. NIL

81. S.P.No.4/I/2003Iqtidar Ahmed Bhatti VsFederation of Pakistan

Challenging the Interest/Riba

F.B. P.H. To be heard alongwith, Shariat Petition 30/I of 1991. (Interest).

82. Sh.Misc.No.1/I of 2010

Riba Case

F.B. P.H. (Want Self Hearing)

21

Abdul Wadood Khan INS.P.No.30/L of 1991

(Application for permission to pertake in the proceedings).

83. Sh.Misc.No.2/I of 2010Sayyad Mahmud Ali INS.P.No.30/L of 1991

Riba Case(Application for including him as a party)(118-Riba Matters) are pending after remanding by Hon. Supreme Court Vide order dated:24-6-2002

F.B. P.H. (For Party)In Riba matters. Application for early hearing.Remanded by the Hon. Supreme Court.

84. S.P.No.5/I/2004Abdul Qadous Vs. The State & Ghulam Hussain

Section 34-C.P.C. F.B. P.H. To be heard with interest matters Last Court Order on 15-12-2004.

CRIMINAL LAW AMMENDMENT PROTECTION OF WOMEN ACT 200685. S.P.No.9/I of

2004Shahid Orakzai

Vs.Government of

Pakistan.

CRIMINAL LAW AMMENDMENT PROTECTION OF WOMEN ACT 2006

F.B. R.H. Heard Adjourned date in office 19-4-2010Dated 7-9 -2010 Judgment Reserved. Re-Hearing fixed on 23-11-2010.Dated by Court. Separated from three other petitions which were disposed of 23-11-2010.

APPLICATION FOR IMPLIMENTATION OF JUDGMENT FEDERAL SHARIAT COURT DATED:7-5-2008

22

86. SH.MISC.NO.3/I/2009 INS.P.No.43/I/1992Tariq Mahboob etc. Vs, Govt.of Pakistan

MISC A. Execution of Judgment M.L.O. NO.425 AND 107.

F.B. P.H. A request for implementation of judgment dated 7-5-2008.Last Order dated 11-5-2010. The representative Board of Revenue is present who accepted notice and request fort time to give reply. By consent the case was Adjourned to 28-5-2010. The respondent/ representative Board of Revenue to submit reply on Or before the said date. The Argument will be heard on 28-5-2010. The case fixed on 28-5-2010. Notice issued but the Hon’ble Judge Mehmood Ahmed Ghazi (HJ-expired) leave, the board discharged.

87. SH.MISC.NO.4/I of 2009 INS.P.No.67/I/1992Salar Sufi Haji Abdul Ghani Vs Govt.of Pakistan & Another


F.B. P.H. A request for implementation of judgment dated 7-5-2008.Last Order dated 11-5-2010. The representative Board of Revenue is present who accepted notice and request fort time to give reply. By consent the case was Adjourned to 28-5-2010. The respondent/ representative Board of Revenue to submit reply on Or before the said date. The Argument will be heard on 28-5-2010. The case fixed on 28-5-2010. Notice issued but the Hon’ble Judge Mehmood Ahmed Ghazi (HJ-expired) leave, the board discharged.

88. SH.MISC.NO.5/I of 2009, Mrs. Zainab Akhtar VsGovt.of Pakistan INS.P.NO.29/I/1992


F.B. P.H. A request for implementation of judgment dated 7-5-2008.Last Order dated 11-5-2010. The representative Board of Revenue is present who accepted notice and request fort time to give reply. By consent the case was Adjourned

23

to 28-5-2010. The respondent/ representative Board of Revenue to submit reply on Or before the said date. The Argument will be heard on 28-5-2010. The case fixed on 28-5-2010. Notice issued but the Hon’ble Judge Mehmood Ahmed Ghazi (HJ-expired) leave, the board discharged.

Punjab Waqf Properties Ordinance IV, 1979.

89. S.P.No.2/I/2008HUSNAIN KHURSHID VS. GOVT. OF PAKISTAN

Section 7 and 11 of Punjab Waqf Properties Ordinance IV, of 1979.

F.B. RESTORE

13.05.2010 at Islamabad, 9-06-2010 at Quetta, 5-7-2010 at Islamabad, Misc application disposed of. Adjourned date in office. Restored petition. Public notice issued. Last Order dated 25-8-2010. Impleaded as party.(Last Court Order on 6-7-2010 after summer vacation Immediately.

Qanoon-e-Shahadat Order 198490. S.P.No.4/I/2010

Qari Muhammad Haroon AdvocateIn Person

Articles 17(2) and Article 163 (1) of Qanoon-e-Shahadat Order 1984.

F.B. R.H. Last Order dated 06-07-2010. Petition is admitted for regular hearing, let notice be issued to the Federal Government for a date immediately after summer vacation. Letter sent on 9-7-2010.

House Rent Allowance to Husband/Wife91 Sh.P.No.6/I/1994

Dr. Mehmood-ur-Rehman Faisal

VsGovernment of Pakistan

L/W

In this petition the petitioner has challenging Para (ii) of Office Memorandum No. 5(ii) Imp (i) 73 dated 20-11-19974 and office Memorandum No, F 2(1)-

F.B. R.H. Last Order dated 18-10-2010. Restored on 6-7-2010. Adjourned date in office. Letter sent on 25-10-2010.

24

91-A

91-B

91-C

S.P.No.8/I/1994Javed Iqbal

VsFederation of

PakistanL/W

S.P.No.12/I/1994Ch.Munir sadiq

VsGovernment of

PakistanL/w

Sh.Misc.A.No.69/I of 1994

Dr. Iftikhar Ahmed

VsGovernment of

Pakistan

R-%/91 dated 25-8-1991 regarding admissibility of the house rent allowance to married Government servant either of the husband/wife has been provided with Govt. accommodation .

Husband and Wife are not allowed house rent allowance at six station.

O.M.No.F. 2(3)2003-Policy dated: 31-7-2004, Both husband and wife not allowed HOUSE RENT.91-D

S.P.No.8/I/2004Prof. Kazim Hussain etc

VsGovernment of

Pakistan

Challenging O.M.No.F. 2(3)2003-Policy dated 31-7-2004. Issued by Ministry of Law.

F.B. R.H. Last Order dated 19-10-2010. Adjourned date in office.Restored on 6-7-2010.

REVISED LEAVE RULES, 198092.

92-A

S.P.No.14/I/1997Capt.(Ret)

Muhktar Ahmed Sheikh

VsThe State

L/wS.P.No.53/I/1991Ch. Irshad Ahmed

Vs.Federation of

Pakistan

Challenging Revised Leave Rules, 1980.

Sub-Rule (3) of Rules 16 of the Revised leaves Rules 1980. Added by Notification dated 30-5-1991 of the Govt. of Pakistan (Finance Division).

F.B. R.H. Last Order dated 19-10-2010, Restored on 6-7-2010 repeat notice to the petitioner as well as to Federal Government. This Petition should be taken along with Shariat Petition No. 53/I/1991.(Restored)

Last Order dated 19-10-2010, Restored on 6-7-2010. This Petition be restored to its original number and it shall be deemed to be pending. It may be fixed in due course of time. Notice be sent to the parties also issued. Letter sent on 6-7-2010.(Restored)

RAWAJ NAMA BANDOBAST-E-QANOONI DISTRICT HAZARA PROMULGATED ON 17-4-186993. S.P.No.1/I/1999

Ghulam Rabbani etcVs

Government of NWFP etc

Challenging Riwaj Nama Bandobast-e-Qanooni District Hazara Promulgated on 17-4-1869.

F.B. R.H. Last Order dated 18-10-2010 Adjourned dated in office.Restored on 6-7-2010.

25

LIMITATION ACT, 1908 & EASEMENT ACT, 188294. S.P.No.8/I/2001

Fazal Akbar KhanVs


Challenging Section 26 of the Limitation Act, 1908, Section 15 of the Easement Act, 1882.

F.B. R.H. Last Order dated 18-10-2010, Adjourned date in office.Restored on 6-7-2010.

Court Fee Act And Limitation Act, 1908 IN TOTO95. S.P.No.1/Q/2010

Molvi Muhammad Ishaq

Vs.Deputy Commissioner Naseer Abad etc.

i. Court Fee Act.ii. Limitation In-Toto

1908.

1. S.S.M.No.259/NWFP/842. S.S.M.No.74/P/833. S.P.No.28/I/1990Dr.Mehmood-ur-Rehman Faisal Vs. Secretary Ministry of Law & Justice etc.Disposed of, on 27-5-1991(PLD 1992 , FSC-95)


Industrial Relations Ordinance, 196996. S.P.No.8/L/1994

Rana Zahoor-ul-Haq Vs

Chairman Sate Life Insurance Corporation and Five others

Challenging Section 25(A) of Industrial Relations Ordinance, 1969.

F.B. R.H. Last Order dated 18-10-2010, Restored on 6-7-2010.Petitioner expired. The entire Shariat Petition, regarding limitation Act, should be heard together.Adjourned.

National Accountability Bureau Ordinance, 199997. S.P.No.6/I/2006

Qasim Hassan Buki and others

Vs Federation of

Pakistan

Challenging section 10, 11 and 12 of National Accountability Bureau Ordinance, 1999.

F.B. R.H. Last Order dated 18-10-2010 Adjourned date in office.Restored on 6-7-2010. Repeat Notices.

26

PENSION98. S.P.No.4/I/1995

M.Kowkab Iqbal etcVs.


O.M.No.F.1 (9)/Imp./94, dt.26-3-1994 and O.M.No.F.1 (2)/Imp./94, date 15-6-1994 issued by Finance Division.

F.B. F.O. Last Order dated 18-10-2010. Adjourned to date in office.Order for Restoration

Deceased Sons and Daughter and Consequently Mutation No.227 dt.1.4.200399. S.P.No.2/L/2003

Muhammad Shahid Farid etc

Vs. Muhammad Nadeem etc

Challenging respondent no.1 to 5 being deceased sons and daughter and consequently mutation no.227 dt.1.4.2003.

F.B. P.H. Last Order dated 19-10-2010, restored 6-7-2010, learned Counsel for the petitioner stated that the appeal decided Allah Rakha another vs. The Federation of Pakistan and others is in appeal before the Hon’ble Supreme court Requested this case may be kept pending till the decision of the matter under appeal. Learned Counsel has been directed to inform the office as and when case is decided. Adjourned.

Declaration the Judl Protocol dt.17.11.2003 implemented by Hon’ble C.J of LHC100.

S.P.No.7/L/2006 Sajjad Ahmed

Rana Vs. Government of

Pakistan & another

Challenging Declaration the Judl Protocol dt.17.11.2003 implemented by Hon’ble C.J of LHC

F.B. P.H. Last Order dated 19-10-2010, Restored on 6-7-2010. Adjourned date in office.

Mosque and Madrissa buit on a land acquired by illegal and Un-justified manner is illegal101 S.P.No.2/L/2005

Muhammad Saeed

VsQari M.Nazir Saad

etc

Challenging Mosque and Madrissa buit on a land acquired by illegal and Un-justified manner is illegal.

F.B. P.H. Last Order dated 19-10-2010, Restored on 6-7-2010. Counsel for Petitioner has expired Repeat notice to Petitioner heirs.

27

NADRA ORDINANCE, 2000102 S.P.No.2/L/2008

Ambrin Tariq Awan

Vs. Govt. of Pakistan.

Section 8 & 21 of National Date Base Registration Authority Ordinance, 2000 alongwith Rules Made under the same.

F.B. R.H. Last Order dated 9-7-2010. The Court has been pleased to order the officer who also submitted the policy which has been sent to the Ministry of Interior for approval. Let these documents as well as the list of issues be placed on record.

GUARDIAN AND WARDS ACT, 1890103 S.P.No.3/L/2008

Ambrin Tariq Awan

Vs. Govt. of Pakistan.

Section 7, 17, 27, of Guardian and Wards Act, 1890 with reference to Father as Natural Guardian.

F.B. R.H. Last Order dated 9-7-2010. List of placed on record to be fixed rules placing relating to purport.

104 Sh.P.No.1/I/2011Ch.Muhammad Sadiq VsGovt. of Pakistan etc.

Guardians and Wards Act and Articles 350 To 357 of Muhammad Law By DF Multan To Injunctions of Islam.

F.B. P.H. Trial that the Shariat Petition by order of the Registrar dated 2-4-2011.

ARTICLE 227 OF THE CONSTITUTION AND ISLAMIC IDIOLOGY PUBLICATION NO.60 & 79, UP TO 14 AUGUST, 1973

105 S.P.No.2/Q/2010Senator Maulana Muhammad khan

Vs.Government of Pakistan

Article 22 Article 227 of the Constitution of Islamic Republic of Pakistan 1973, Part IX of Constitution (Final Report by Council of Islamic Idiology Publication No.60 & 79, up to 14 August, 1973 and Report from 1996 to 2006).

F.B. R.H. Last Order dated 25-10-2010. Adjourned date in office. The copy of Performa of Council of Islamic ideology circulated. Letter dated 28-6-2010.

INCOME TAX ORDINANCE,2001 AMENDED UP TO, 2009106 S.P.No.8/I/2010

Muhammad Zulfiqar ali Khalil AdvocateVsFederation of Pakistan & Others.(petitioner in person)

I. Section 53 of the 2nd Schedule of its section 39 of the income tax ordinance 2001, Amended up to 2009.

II. Sales tax Act, 1990. Sections and vires of General sales Tax.

III. Service Rent IV. PTV Fees Imposed on utility bills on Masajids and Housed etc.

F.B. P.H. Filed on 3-12-2010. Be as fixed before F.B. Approved by the learned Registrar.

Conduct of General Elections Order, CEO No.7, Section 7, 2002. System of Elections.107 Sh.Misc.App.No.

1/I/2011Nazir Ahmed Khwaja VsFederation of Pakistan

Conduct of General Elections Order, CEO No.7, Section 7, 2002. System of Elections.

F.B. P.H. Approved by the Hon’ble Chief Justice on 2-3-2011. Be fixed before availably Bench. On its trun.

28

ZAKAT AND USHER ORDINANCE, 1980 108 S.P.NO.24/I/1990

Dr. Mehmood-ur-Rehman Faisal Vs. Secretary M/O Law, Justice Islamabad etc.

Section 1 sub Section 3 of the Zakat & Usher Ordinance, 1980 (Remanded by Supreme Court).

L.B. R.H. (REMANDED BY SUPREME COURT DATED 13-6-1993)Last Order dated 7-4-2009. To come up at Islamabad on a date in office.

108-A

S.P.No.34/I/1990Zia-ud-Din Ahmed Vs. Govt. of Pakistan

Deduction Zakat on Deposits in the Bank.


108-B

S.P.No.38/I/1990Sh.Muhmmad Hanif Vs. Govt. of Pakistan

Proposals in Zakat Ordinance, 1980.


108-C

S.P.No.44/I/1990Allah Ditta Vs. Government of Pakistan

Against Deduction of Zakat.


108-D

S.P.No.45/I/1990Raja Muhammad Afsar Khan Vs.Federal of Pakistan

Section 3, 13, (4), 18, 19, First schedule and second schedule of Zakat Ordinance.


108-E

Sh.Reference No.1/I/1991

Reference under section 1, sub-section 3-A of the

L.B. R.H. Last Order dated 7-4-2009. To come up at Islamabad on a date in

29

Administrator General Zakat Vs. Muhammad Arif etc.

Zakat & Usher Ordinance, 1980 (No.VXIII of 1980)

office.

108-F

Sh. Reference No.2/I/1991Administrator General Zakat Vs. Miss Farzana etc.

Reference under section 1, sub-section 3-A of the Zakat & Usher Ordinance, 1980 (No. VXIII of 1980)

L.B. R.H. Last Order dated 7-4-2009. To come up at Islamabad on a date in office.

108-G

S.P.No.9/I/1994Dr. Mehmood-ur-Rehman Faisal Vs. Govt. of Pakistan

Sections 2 (VIII), 2 (XVA) and 2 (XXXIII) a to g 3(1) 3(5) 8, 24, 1st schedule and 2nd schedule and Usher Ordinance, 1980.


108-H

Sh.Misc.App.No.14/I/1996 Muhammad Jan Vs. The State

Against deduction of Zakat by Bank.


108-I

S.P.No.2/I/2004 Abdul Hafeez Khokhar Vs.Federal of Pakistan

Section 8 of the Zakat and Usher Ordinance, 1980.

L.B. Last Order dated 25-1-2007. It is reported by Senior Research Adviser that the petitioner has died. However, in view of the fact that similar petitions are pending, this petition is adjourned sine die.

108-J

S.P.No.1/K/1993Malik Muhmmad Usman Vs.Government of Pakistan

Schedule No.2 of Zakat & Usher Ordinance, 1980 (No. XVIII of 1980)(To be heard alongwith S.P.No.24/I of 1990 Vide order 21-12-1993. The S.P.No.24/I/1991 is Matter of Islamabad.


108-K

S.P.No.2/K/1993Malik Muhmmad Usman Vs.Govt.of Pakistan

Sec.3 (a) of Zakat & Usher Ordinance 1980

(Due to Matter of same


30

(To be heard with S.P.No.24/I/1990

nature fixed at Islamabad on 31-3-1998

109

110

S.P.No.3/I/2011Ch.M.Aslam GhumanVs.Federation of Pakistan etc.

LinkedWith

Sh.Misc.A.No.5/I of 2011Ch.M.Aslam GhumanVs.Federation of Pakistan etc.

Section 19(2) of the SECP Act 1997(Annex-B) as to be repugnant to the injunctions of Islam.

F.B

F.B

P.H

P.H

File as approved by the Registrar on 17-6-2011.

Application for early hearing approved for Chief Justice dated 18-10-2011.

111 S.P.No.4/I/2011U.S.Appeal and Textile (Pvt) LimitedVsFederation of Pakistan etcALONGWITH

Sub-section 1& 3 of Section 208, Companies Ordinance, 1968.

F.B P.H File as approved by the Hon’ble Chief Justice dated 16-7-2011

112 Sh.M.A.No.2/I of 2011U.S.Appeal and Textile (Pvt) Limited VsFederation of Pakistan etcALONGWITH

Application under section 151.C.P.C. for grant of an interim relief.


113 Sh.M.A.No.3/I of 2011U.S.Appeal and Textile (Pvt) LimitedVsFederation of Pakistan etcALONGWITH

Application for the early hearing.


114 Sh.M.A.No.4/I of 2011U.S.Appeal and Textile (Pvt) LimitedVsFederation of Pakistan etc

Application for the withdrawn.

F.B H.B File as approved by the Registrar dated 4-10-2011

REMANDED SHARIAT MATTER REGARDING INTEREST 118 ORDERS DATED

24-06- 2002 BY HON.SUPREME COURT OF PAKISTAN

31

1.

2.

Shariat Matter 118

S.P.No.7/I/2005Pakistan Cotton Ginner Association Vs Federal Govt. of Pakistan etc.

Regarding Interest.

Bye-Laws 45, 83,134,142,143,144,147, and other relevent Bye-Laws Karachi Cotton Ginner Association.

L.B.

F.B. H

Remanded from Hon; Supreme Court 24-6-2002.Judgment FSC; 14-11-1991PLD; 1992, FSC Page-1.Judgment SC; 23-12-1999.PLD; 2000, SC Page-225-770.Judgment Review; 24-6-2000.PLD; 2002, SC Page-800.

REMANDED BY H.SC VIDE ORDER DT:21-4-2009TO BE DECIDED WITHIN SIX MONTHS(File received on 04-01-2010)Fixed on 30-3-2010Admit-Notice to respondent for date in 2nd week may 2010Call for comments by 30-4-2010Last date in office 18-10-2010. Notice be issued to the Juris-consults, Punjab and Sindh for a date in office,

Note: - 118 Shariat Matters Remanded by the Hon. Supreme Court of Pakistan Regarding Interest dated: 24-6-2002 and regarding Pakistan Cotton Ginner dated 21-4-2009.Remand Matters, Total= 119

KARACHI

FATAL ACCIDENT ACT 1855 AND SEC.67-MOTOR ORD. 196501 S.P.NO.19/K OF 1993

Mr. Raja Haq NawazAdvocate.

Declare the Fatal Accident Act 1855 and Sec.67-Motor Ord. 1965.Karachi Bus owners Association another Vs Federation of Pakistan.

File at Karachi.

RECONCILIATION SEC. 10(3) AND 12(1) OF FAMILY COURT ACT.196402. S.P.NO.20/I OF 1999

Mr.Zanoon Khan, VsFederation of Pakistan

Compromise & Reconciliation Sec. 10(3) and 12(1) of Family Court Act.1964 Family Law Muslim Personal Law out of Jurisdiction of Court order 203-B © of Constitution 1973 Pakistan

File at Karachi.

ORDINANCE XXXV OF 2006 IN CRIMINAL PROCEDURE (SECOND AMENDMENT) ORD.2006.03. S.P.NO.1/K OF 2008

Mr.Zanoon Khan, Vs

Amendment through Promulgation of Ordinance XXXV of 2006 in Criminal Procedure (Second Amendment)

File at Karachi.

32

Federation of Pakistan Ord.2006.AL-MEEZAN BANK MAY BE DECLARED AS “NORMAL BANK” INSTEAD OF “ISLAMIC BANK.

04. S.P.NO.2/K OF 2008Mr.Manzoor Ahmed Yousfani, VsFederal Government

Al-Meezan Bank may be declared as “normal bank” instead of “Islamic Bank.

File at Karachi.

THE BCD CIRCULAR NO.29 BE DECLARED DISCRIMINATORY UNJUST, UNLAWFUL05. S.P.NO.3/K OF 2008

Mr.Shahid HasanIn Person VsState Bank of Pakistan etc

The BCD Circular No.29 be declared discriminatory unjust, unlawful and against the injunctions of Islam.

FB

Last date of Hearing 21-4-2009. Adjourned date in office with direction to the government and respondent Banks to file their comments within four (4) weeks hereof, where after the matter may be fixed at Karachi.

SUB-SECTION 4 OF SECTION 18 OF THE FINANCIAL INSTITUTION (RECOVERY OF FINANCE) ORDINANCE, 2001.06. S.P.NO.2/I OF 2009

Mr. Mohammed Zanoon, VsFederation of Pakistan

Omitting sub-section 4 of section 18 of the Financial Institution (Recovery of Finance) Ordinance, 2001.

File at Karachi.

SERVICE TRIBUNALS ACT, 1973 (LXX of 1973).07. Review S.P.No.2/I/2000

Captain (R) Mukhtar Ahmed Sheikh Vs. Federation of Pakistan (Petitioner in person)

Sect.3-A (2) (c) Sec.4 (1) (a) 6 & Sec.7 of Service Tribunals Act, 1973 (LXX of 1973).

F.B.

H HEARDActually shall be fixed at Karachi.

Nika over Nika08. Sh.Misc.App,No.

1 /K/2011Allah Ditto S/o Pir Bux,VsThe Federation of Pakistan etc.

Nika over Nika F.B.

P.H.

File at Karachi. 26-3-2011.Sent to Karachi on 2-4-2011

Lahore

S.No Shariat petition

No/Name of Parties

Law Challenged Remarks

COLONIZATION OF GOVT. LANDS ACT, 1912 1. Shariat petition

No.99/L/1991Rana

Muhammad Ilyas, Advocate

Vs Govt. of Punjab.

Section 10 of the Colonization of Govt. lands Act, 1912 and the Notification No. 2805-62/2363-3 (G)III, dated 8-8-1962 and No. 4826-62/44192-S (G) III, dated 20-10-1962 issued by the respondent U/s. 10 of the Colonization of Govt. Land Act, 1912.

Larger Bench Matter. This Shariat Petition came up for hearing before the Court on 14 times. It was lastly fixed for regular hearing before the Court on 07-04-2009 at Lahore and the Court was pleased to direct that the petitioner may be supplied copy of S.P.No.24/I/1980 which was dismissed by this Court in which Section 10 of the Colonization Government (Punjab) Lands Act, 1912 was examined.

33

Punjab Colonies Department relating Tubewell Sinking Scheme 2. Shariat petition

No.34/L/1992Ghulam Murtaza

Lumbardar Vs. Govt. of Punjab.

(i)Para 3(vi) of Notification No. 1054-C Lahore, dated 26.02.1952 issued by the Govt. of Punjab Colonies Department relating Tubewell Sinking Scheme (ii)Condition No.Col.16/2-56, dated 23.9.1959 issued by the Revenue and Rehabilitation Department, Govt. of Punjab. Relating to statement of conditions of the grant of Tube well sinking conditions and the same conditions as contained in the Notification No. 7943-60/4608-C(G) issued by the Board of Revenue West Pakistan Lahore dated 18-6-1960 under Tubewell Sinking Scheme Condition No. ‘g’ and ‘h’ (i)(i) issued under section 10 of the Colonization of Govt. Lands Act, 1912.

Larger Bench Matter. This Shariat Petition came up for hearing before the Court on 12-time. It was lastly fixed for regular hearing before the Court on 07-04-2009 at Lahore and the Court was pleased to direct that the petitioner may be supplied copy of S.P.No.24/I/1980 which was dismissed by this Court in which was dismissed by this Court in which section 10 of the Colonization of Government (Punjab) Lands Act, 1912 was examined.

Punjab Undesirable Cooperative societies (Dissolution) Ordinance, 19923. Shariat petition

No.23/L/1992 Ch.Abdul

MajeedVs

Punjab and others

Challenging Section 4, 12 and 13 of the Punjab Undesirable Co-operative societies (Dissolution) Ordinance, 1992.

(Transferred and to Lahore vide Court Order dated 18-10-2010).

Increase in Grass Pension to The Pensioners Retired On A Before 1-7-19864. Shariat petition

No.18/I/1998Syed Ahmed

Hussain Vs


Challenging the Order of Finance Division OM No.F 6(6)1Reg, (6)91 dated 13-6-1991 allowed increase in grass pension to the pensioners retired on a before 1-7-1986.


PCO-I and Proclamation of Emergency issued by the Respondent No.2 on 14-10-19995. Shariat petition

No.7/L/2000Pakistan

lawyer’s forum Vs

Federation of Pakistan etc

Challenging PCO-I and Proclamation of Emergency issued by the Respondent No.2 on 14-10-1999


P-Order-1 of 2000 Oath of the Office (Judges) Order 2000 dated 25-1-2000

34

6. Shariat petition No.1/L/2001Syed Faiz-ul-

HassanVs


Challenging Order-1 of 2000 Oath of the Office (Judges) Order 2000 dated 25-1-2000.


Financial Institution Recovery of Finances Ord.20017. Shariat petition

No.7/L/2001Muhammad

Aslam Vs. HBL

Challenging Section 3 &17 of the Financial Institution Recovery of Finances Ord.2001.


Offence of Qazf (EOH) Ordinance, VIII of 19798. Shariat petition

No.10/I/2002Hajji Bukhtiar

Said Muhammad

VsFederation of

Pakistan

Section 7 and 14 of Offence of Qazf (EOH) Ordinance, VIII of 1979


Interest on loan9. Shariat petition

No.10/L/2003 Muhammad Naseem Vs.

Manager ADBP etc

Challenging interest on loan. (Transferred and to Lahore vide Court Order dated 18-10-2010).

PURE FOOD ORDINANCE, 196010.

11.

Shariat petition No.3/L/2003 Irfan Masood

Sheikh Vs. Islamic

Republic of Pakistan

L/w

S.P.No.7/L of 2003

Irfan Masood Sheikh Vs.

Islamic Republic of

Pakistan

Challenging pure food ord.1960.

Pure food Ordinance, 1966


INTEREST ON LOAN12. Shariat petition

No.1/L/2004 Hafiz

Challenging interest on loan. (Transferred and to Lahore vide Court Order dated 18-10-2010).

35

Muhammad Afzal

Vs. Manger SBFC

REGARDING PENSION AND ALLOWNCEFINANCE DIVISION O.M.NO.F.1(24)-IMP-II/90 DT.2.1.1991

13. Shariat petition No.3/L/2004 Muhammad

Yaqoob Bajwa Vs.


Challenging Finance Division O.M.No.F.1(24)-IMP-II/90 dt.2.1.1991


ANTI TERRORISM ACT.1997- QISAS / DIYAT14. Shariat petition

No.4/L/2004 Sardar Khan @

Dara Vs. Government of

Pakistan

Challenging Section 7 of the Anti Terrorism Act.1997


15. S.P.No.2/L of 2009

Muhammad Akhtar Vs.

Federation of Pakistan etc

Section 7 of Anti Terrorist Act, 1997

Judgment Reserved dt: 9-7-2010.Re-Hearing, Date by Court on 8-9-2011 original file, notice file and paper books transferred to Lahore on 10-9-2011.

SECTION 302 SUB SECTION (B) OF PPC 186016. Shariat petition

No.5/L/2004 Irfan Masood

Sheikh Vs.

Islamic Republic Pakistan

Challenging section 302 Sub Section (b) of PPC 1860


ORDINANCE IV of 2000 REMOVEL OF CIVIL SERVANT 17. Shariat petition

No.6/L/2004 Mst: Naheed jahan Lodhi

Vs. Federation of

Challenging ordinance, IV of 2000 (Transferred and to Lahore vide Court Order dated 18-10-2010).

36

Pakistan etc

URBAN IMMOVABLE PROPERTY TAX ACT, 1958.18. Shariat petition

No.5/L/2006 Malik

Muhammad Rab Nawaz

Khan Vs Federation of Pakistan etc.

Linked with

Section 3 of the Urban Immorable Property Tax Act, 1958.

Full Bench matter. This Shariat Petition 4-times came up for hearing before the Court and it was lastly fixed for hearing on 30-03-2009 at Lahore and it was admitted for regular hearing with the direction to issue notice to the respondents. To be heard alongwith connected S.P.No.1/L/2009.

19. Shariat petition No. 1/L/2009Mian Hammad

Murtaza Vs. The

Federation Pakistan etc

Section 3 of the Urban Immovable Property Tax Act, 1958.

Full Bench matter. This Shariat petition 2-times came up for hearing before the Court. Lastly it was fixed for hearing on 30-03-2009 and it was admitted for regular hearing with the direction to issue notice to the respondents. To be heard alongwith S.P.No.5/L/2006.

PUBLICATION OF THE HOLY QURAN (E P E ) ACT.197320. Shariat petition

No.4/L/2006 Miss Gulshan

Ara Alam Vs.

Federation of Pakistan and 4

others

Challenging Publication of the Holy Quran (E P E) act.1973.

(Transferred to Lahore vide Court Order dated 18-10-2010).

PUNJAB WAQF PROPERTIES ORDINANCE, 197921. Sh.Misc.No.1/L

Of 2007 Dewan Maudud

Masood Vs Govt. of

Punjab.Along with

Shariat petition No.5/L/2001

Application for restoration of s.P.No.5/l/2001 regarding sub Section 6 of the Punjab Waqf Properties Ordinance, 1979 and notification issued thereunder.

The learned counsel of the petitioner has been elevated as Judg. The petitioner has not yet engaged another Counsel to represent him.

MUSLIM FAMILY LAWS ORDINANCE, 1961.22. Sh.P.No.6/I of

2007 Syed Feroze

Shah Vs. Federation of

Pakistan

Sections 5 & 6 of the Muslim Family Laws Ordinance, 1961.

Transferred to Lahore.Full Bench matter. This Shariat Petition 4-times came up for hearing before the Court. It was admitted for regular hearing on 14.01.2009 and thereafter came up for regular hearing on 02-04-2009 at Lahore.

37

The Court was pleased to direct that a copy of amended Shariat Petition may be sent to the respondent and it was Adjourned to a date in office.

38

PESHAWAR

S.No. Petition No. & Name of Parties

Law Challenged Full Bench/ Larger Bench

Preliminary/ Regular Hearing

Heard

Muslim Family Laws Ordinance, 1961.1. S.P.No.8/P/1999

Rustam khanVs

The Collector District Nowshera

etc.

Section 4 of Muslim Family Laws Ordinance, 1961.

FULL BENCH Preliminary Hearing

HEARD

File at

Peshawar

Documents

federalshariatcourt.gov.pkfederalshariatcourt.gov.pk/Leading Judgements/pending... · Web viewThis Petition be restored to its original number and it shall be deemed to be pending