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1991 CLC 1705

ZULFIQAR ALI vs GOVERNMENT OF PUNJAB and others

Petitioner: ZULFIQAR ALI VS Respondent: GOVERNMENT OF PUNJAB and others

Court: Lahore High Court Decision Date: 1991-01-30

Full Judgment Text & Judicial Ruling

Court Name: Lahore High Court Judge(s): Malik Muhammad Qayyum Title: ZULFIQAR ALI vs GOVERNMENT OF PUNJAB and others Case No.: Writ Petition No,696 of 1991 Date of Judgment:1991-01-30 Reported As: 1991 CLC 1705 Result: Petition dismissed

Judgment ORDER ' This petition under Article 199 of the Constitution of the Islamic Republic of Paldstan, 1973 challenges the right of the respondents to recover interest on the loan of a sum of Rs,50,000 obtained from the Cooperative Society by the father of the petitioners. 2. It is contended by the learned counsel that the principal amount of Rs,50,000 was repaid on 30th August, 1990 by the petitioner but the respondents are taking coercive measures to recover the interest, the charge of which is violative of the Injunctions of Islam. 3. The question as to whether the charge of interest is repugnant to the injunctions of Islam as contained in Holy Qur'an and Sunnah, can only the examined by the Federal Shariat Court in view of Article 203-G of the Constitution of the Islamic Republic of Pakistan, 1973 and not by this Court as a period of 10 years has elapsed since the enforcement of Chapter 3-A of the Constitution of the Islamic Republic of Pakistan, 1973. ' The petition is not maintainable and as such is dismissed in limine.

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