- Pre-emption laws — in Azad Jammu & Kashmir and Pakistan, major legislative developments on this subject have been made. In Pakistan, after delivery of judgment in the case reported as Govt. of N.W.F.P through Secretariat, Law, Department vs. Malik Said Kamal Shah [PLD 1986 SC 360], the substantial amendments have been introduced and by repealing previous pre-emption laws new Acts according to the spirit of the judgment of the Shariat appellate bench of the Supreme Court of Pakistan have been enforced. In Khyber Pakhtoonknwa, the Pre-emption Act, 1987 has been enforced whereas in Punjab supersession of Punjab Pre-emption Act, 1913. Initially, Ordinance No. IX of 1991 was promulgated which was subsequently substituted by pre-emption Act, 1991. Khadim Hussain v. Muhammad Fazal & others 2015 SCR 792 (C)
- In AJ&K — legislative development — nature of right of — pre-emption — Same like in Azad Jammu and Kashmir in the pre-emption law known as Azad Jammu and Kashmir Right of Prior Purchase Act, 1993, (B.k.) the substantial amendments through Amendment Act No. XIX of 1993 has been introduced. Previously right of pre-emption was vested in presumptive heirs of the vendor as their personal right whereas according to subsequent legislative developments now this right is contingent to the immovable property. Khadim H. v. M. Fazal & others 2015 SCR 792 (D)
- Section 16 — Punjab Pre-emption Act, 1992 — vires and repugnancy to injunctions of Islam — considered — declared according to Islam — After enforcement of Punjab Pre-emption Act, 1991 its vires had also been challenged before the Shariat Court on the touchstone of repugnancy to the injunctions of the Holy Qur’an and the Sunnah. The Federal Shariat Court in the case reported as Muhammad Ismail Qureshi & others [PLD 1991 FSC 80] has observed that section 16 is not repugnant to the injunctions of Holy Qur’an and Sunnah. Khadim H. v. M. Fazal 2015 SCR 792 (E)
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