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NAIMATULLAH vs FAIZULLAH Constitution of Pakistan, Art — 2021 PLD 15 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation
2021 PLD 15 QUETTA-HIGH-COURT-BALOCHISTAN
Court
Balochistan High Court
Year
2021
Reporter
PLD
Parties
NAIMATULLAH vs FAIZULLAH Constitution of Pakistan, Art
Subject matter
Civil
Provisions referred to
Constitutional Amendment Act; Balochistan Civil Courts Ordinance

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

NAIMATULLAH VS FAIZULLAH Constitution of Pakistan, Art. 247 (as omitted by 25th Constitutional Amendment Act, 2018)---Suit for declaration and injunction---Shariat Court---Jurisdiction---Defendant was aggrieved of concurrent judgments and decrees passed in favour of plaintiff by Trial Court and Lower Appellate Court constituted under Balochistan Civil Disputes (Shariat Application) Regulation, 1976---Validity---Provisions of Balochistan Civil Disputes (Shariat Application) Regulation, 1976, was promulgated and was extended to tribal area of Balochistan by exercising powers conferred under Art. 247 of the Constitution, which was no more part of the Constitution in view of 25th Constitutional amendment---After newly emerged situation, tribal areas were no more in existence---Neither powers conferred upon the President of Pakistan, in respect of Federally Administered Tribal Areas nor upon Governor of Balochistan in respect of Provincially Administered Tribal Areas were available and such powers could not be exercised anymore---For merged areas High Court had already ordered that all litigations pending before Trial Courts and appeals/revisions pending before Lower Appellate Courts exercising jurisdiction under Balochistan Civil Disputes (Shariat Application) Regulation, 1976, stood transferred to ordinary civil Courts constituted under Balochistan Civil Courts Ordinance, 1962---High Court set aside judgment and decree passed by Lower Appellate Court which was no more in existence and had become functus officio and case was remanded for decision of appeal afresh---Revision was allowed accordingly.

Other judgments reported in 2021 PLD

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