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2001 YLR 2068

Mews FAZAL COTTON INDUSTRIES vs Messrs COTTON EXPORT CORPORATION

Citation2001 YLR 2068
CourtSindh High Court
Judge(s)Sabihuddin Ahmed, Syed Ali Aslam Jafri
ResultAppeal dismissed

1. ' Learned counsel contends that the learned Single Judge should have declined to treat such laws as operative which had been held to be repugnant to the Injunctions of Islam by the Hon'ble Federal Shariat Court. The contention, we are afraid is entirely misconceived. The proviso to Article 203-D of the Constitution requires that a decision of the Federal Shariat Court can be deemed to effect only upon the expiry of the period of limitation within which an appeal before the Supreme Court could be preferred, or where such appeal has been preferred till the decision of the Supreme Court (Shariat Appellate Bench). Moreover, the Hon'ble Court is entitled to fix a date upon which its judgment will become effective. In view of the above there is no substance in the appeal which is dismissed in limine along with the listed application.

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