h1

1991 MLD 863

MUMTAZ INDUSTRIES
V/S
INDUSTRIAL DEVELOPMENT BANK OF PAKISTAN, MULTAN

Constitution of Pakistan 1973,   Articles 2A, 31, 38(1), 203A, 203G & 199 — Civil Procedure
Code (V of 1908), Section 34 — Constitutional petition —
Repugnancy to Injunctions of Islam — Bar of jurisdiction of High Court — Forum to grant relief — Petitioners challenging notices served upon them for recovery of loan with interst oin loan on ground that interest bearing “HARAM” in Islam, demand of interest on loan was repugnant to Injunctions of Islam — High Coaurt’s jurisdiction to grant relief involving repugnancy to injunction of Islam had been completely barred by Chapter 3-A of the Constitution containing provisions of Articles 203A & 203G,

whereby a separate forum viz., Federal Shariat Court had been created for resolving of such issues.

Articles 2A, 203A & 203G — Provisions of Chaspter 3-A of the Constitution containing provisions of Articles 203A & 203G, would have overriding effect qua Article 2A of the Constitution.

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