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INAYAT BIBI versus ISSAC NAZIR ULLAH


Section 32 of the Punjab Laws Act (IV of 1872), Section 5 Constitution of Pakistan (1973), Article 185 (3), passed on to the widow and two daughters of the deceased Christian for reviewing the questions of public importance. (i) Will the Succession Act, 1925 not govern the issue of the inheritance of the Christian deceased? (ii) If the Punjab Laws Act, 1872 cannot be applied to this case. (iii) Is it not against the justice, equality and good conscience considered in the jurisprudence of Pakistan, if the deprivation of the deceased Christian's widows and daughters is not ruled by traditional law, justice, equality and good conscience? (iv) Was the rule of customs also opposed to justice, equality and good conscience, as understood in the context of the jurisprudence of Pakistan? And (v) whether the preceding or the latter consideration shall prevail over the interpretation of section 5 of the Punjab Laws Act, 1872. The Supreme Court ruled that property should not be separated in any way by any party and status.

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