YASIR YAQOOB vs GOVERNMENT OF THE PUNJAB through Secretary Provincial Assembly of the Punjab Ss — 2024 CLC 1108 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2024 CLC 1108 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2024
Reporter: CLC
Parties: YASIR YAQOOB vs GOVERNMENT OF THE PUNJAB through Secretary Provincial Assembly of the Punjab Ss
Subject matter: Constitutional
Provisions referred to: Property Rights Act

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

YASIR YAQOOB VS GOVERNMENT OF THE PUNJAB through Secretary Provincial Assembly of the Punjab Ss. 3, 4, 5, 6, 7, 8, 9, & 11---Constitution of Pakistan, Arts. 199 & 201---Constitutional petition---Vires of law---Judgment of High Court of another province---Value---Petitioners assailed provisions of Punjab Enforcement of Women's Property Rights Act, 2021, on the plea of same being ultra vires the Constitution---Same provisions had already been declared ultra vires the Constitution by Islamabad High Court---Effect---Judgment of Islamabad High Court had persuasive value for Lahore High Court which had persuaded the Court to follow the judgment without need to disagree and take a different view in order to reach the same destination---High Court declared that provision of Ss.3, 4, 5, 6, 7, 8, 9, and 11 of Punjab Enforcement of Women's Property Rights Act, 2021, were un-constitutional and without lawful authority and of no legal effect---High Court directed that the decision would be applicable to all matters before it including orders passed by Ombudsperson and under challenge in some petitions but were not applicable to matters which were not brought before High Court and had attained finality and were past and closed transactions---High Court directed Provincial Government to draft fresh law as the subject matter covered under Punjab Enforcement of Women's Property Rights Act, 2021, was an important issue relating to rights of female gender---Constitutional petition was allowed accordingly.

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