In fact, an impartial and independent judiciary is universally recognized as a core value of any civilized democracy. This is evidenced by the international conventions that protect this value as a fundamental right of the people (ref: United Nations Basic Principles on the Independence of Judiciary and The (Montreal) Universal Declaration on the Independence of […]
[Appellate Jurisdiction]Present: Umar Ata Bandial and Sayyed Mazahar Ali Akbar Naqvi, JJ.MUHAMMAD JAMIL and others–PetitionersversusMst. SAJIDA BIBI and others–RespondentsCivil Petition No. 4690 of 2018, decided on 12.8.2020.(Against the judgment of the Peshawar High Court, Mingora Bench (Dar ul Qaza) Swat dated 17.10.2018 passed in Writ PetitionNo. 319-M/2018).Muslim Family Laws Ordinance, 1961 (VIII of 1961)–—-Ss. 6 & 6(5)(a)–Constitution […]
2014 PLD 71 ISLAMABAD Side Appellant : HAROON RASHID Side Opponent : STATION HOUSE OFFICER, POLICE STATION ABPARA, ISLAMABADSs. 22-A, 154 & 200 —Constitution of Pakistan, Art. 199—Constitutional petition—Registration of F.I.R. or private complaint —High prof ile case —Advantage of an F.I.R. over a private complaint —Military Operation carried out at Lal Masjid and Jamia Hafsa in July, 200 7 on the alleged orders of the then President of Pakistan/accused—Complainant’s father and grandmother were killed during the operation and he moved several […]
S.100,if plea of self defence had not been explicitly taken during the trial, either in the statement under A.342 CrPC or at the time of cross examination the prosection witnesses, yet it remained open to the court to infer the same from evidence led during the trial.
S.497(2) Cr.PC, S.9(c) CNSANo connection or relationship between the accused/Passenger and drive of the vehicle, bail allowed.
A bare reading of section 489-F shows that it is not attracted in every case where a cheque is dishonoured. The foundational elements to constitute an offence under this section are:(i) the cheque was duly issued,(ii) it was issued with dishonest intent,(iii) it was issued towards repayment of a loan or fulfilment of an obligation, […]
Procedure for applying the succession certificate/letter of administration is as following: Step: 1Application Initiation: The applicant will provide his/her National Identity number, deceased persons death certificate and National Identity number. Step: 2Legal Heirs and Assets Details: The applicant will provide the relevant details of legal heirs , and information pertaining to the moveable and immovable […]
Constitution of Pakistan (1973)— —-Art. 45—President’s power to grant pardon—Scope—Conviction of accused under S.402-B, P.P.C. read with S.7, Anti-Terrorism Act, 1997 and order of disqualification of the accused for 21 years for seeking or being elected, chosen, appointed as Member of any public office or any authority of the Local Government of Pakistan—President had got […]
The remedies available against ex parte decree are:- (2000 SCMR 296)1- An application under Order 9, Rule 132- A review application u/s 1143- An appeal u/s 964- A proceeding to set aside the decree on the ground that it has been obtained by fraud etc. u/s 125- An application for re-hearing of the matter on […]
Allah Nawaz v. Station House Officer, Police Station Mahmood Kot District, Muzafargarh PLD 2013 Lah. 243 ref. Sardar M. Abbas Watto for Petitioner. Allah Ditta Ansari for the Complainant. Ms. Nuzhat Bashir, Deputy Prosecutor-General with Ashfaq, ASI for the State. ORDER SYED SHAHBAZ ALI RIZVI, J.—Muhammad Azam, petitioner seeks pre-arrest bail in case FIR No.438 […]
2018 P Cr2018 P Cr. L J Note 175 [Lahore] Before Syed Shahbaz Ali Rizvi, J MUHAMMAD AZAM—Petitioner Versus The STATE and another—Respondents Criminal Miscellaneous No. 99700-B of 2017, decided on 3rd April, 2018. Criminal Procedure Code (V of 1898)— —-S. 497—Child Marriage Restraint Act (XIX of 1929)—Penal Code (XLV of 1860), Ss. 365-B & […]
سپریم کورٹ۔۔۔گونکے اور بہرے شخص کی عدالت میں گواہی ریکارڈ کرنے کے طریقہ کار ، ہدایات۔۔۔ Evidence of a Deaf & Dumb Person (Solitary Eye Witness) was recorded by Trial Court through Another person as interpreter U/S 543 CrPC. Supreme Court set asides the conviction and holds that trial court ought to have done following […]
Registration of FIR is the most complicated problem of administration of criminal justice system of Pakistan. Recently, a political party had to make sit in for continuous period of 120 days for registration of FIR, thereafter; it was registered with kind intervention of incumbent Chief of Army Staff1. As per the interpretation of section 154, […]
S. 493—Qanun-e-Shahadat (10 of 1984), Art. 150—Public Prosecutor and private counsel engaged by Complainant—Scope—Provision of S.493, Cr.P.C. analysed—Petitioner/accused assailed order passed by Trial Court whereby Court had given permission to the counsel of complainant to conduct cross-examination upon a prosecution witness after declaring him as hostile—Contention of petitioner was that a privately engaged counsel could […]
Complainant had lodged F.I.R. against the petitioner company for issuing him cheque worth Rs.10 million, which was dishonoured by the Bank—Counsel for the petitioner had submitted that petitioner did not issue any cheque to the complainant, rather it had lodged F.I.R. under Ss.420/468/471, P.P.C. regarding the loss of cheque book from which cheque in question […]
S. 489-F—Pre-arrest bail, grant of—F.I.R. had shown that cheque in question was issued from joint account of accused and co-accused to be encashed on specified date—Said cheque was signed by both of them, which had indicated that they were partners and possibility of possession of cheques joint ly signed by them with co-accused could not […]
joint account holders, liability of—Scope—Complainant had allegedly provided a loan to the accused-lady (applicant) and her husband/co-accused—Accused and her husband/co-accused issued cheques to the complainant from a joint account —Said cheques were dishonoured—Court below directed the Magistrate to issue process against the accused for joining her in the trial—Complainant contended that accused was negotiating for […]
S.489-F— Ad interim pre-arrest bail, confirmation of—Accused, Managing director /Chief Executive Officer of a limited company which had gone into liquidation and where a liquidator also had been appointed, was alleged to have issued cheques of the value of Rs.2,84,096 in consideration of supply of cotton to the Spinning Mill owned by said limited company—I3ank […]
S. 489-F—Pre-arrest bail, grant of — F.I.R. had shown that cheque in question was issued from joint account of accused and co-accused to be encashed on specified date—Said cheque was signed by both of them, which had indicated that they were partners and possibility of possession of cheques joint ly signed by them with co-accused […]
S. 489-F—Criminal and civil proceedings—Maintainability—Maxim that ‘a man should not be vexed twice’—Applicability—Trial court acquitted the accused on the ground that criminal proceedings were not maintainable as civil suit regarding the disputed amount of cheque had already been decreed in favour of the complainant—Findings of the Trial Court regarding non-maintainability of the criminal proceedings in […]
S.489-F—Ad interim pre-arrest bail, confirmation of—Accused, Managing director /Chief Executive Officer of a limited company which had gone into liquidation and where a liquidator also had been appointed, was alleged to have issued cheques of the value of Rs.2,84,096 in consideration of supply of cotton to the Spinning Mill owned by said limited company—Bank had […]
Pre-Arrest Bail.Sec.489-F.PPCCheque that was presented beyound six months from the date of issuance was generally regarded as ” Stale” or out of date..Bail before arrest confirmed.
Christian Divorce..Unless and untill any one of the grounds mentioned in christian divorce Act 1869 is not proved,divorce can not be granted , because concept of khula is alien to the christian marriages…
Muhammad Shahid Sahil v. The State PLD 2010 FSC 215; Amanullah v. The State PLD 2009 SC 542; Vidhya v. Deputy Superintendent of Police (Crl.O.P. No.36969 of 2007); United State v. Yee 134 F.R.D. 161; Muhammad Azhar v. The State PLD 2005 Lah. 589; Khizar Hayat v. Additional District Judge, Kabirwala PLD 2010 Lah. 422; […]
[Supreme Court of Pakistan]Present: Iftikhar Muhammad Chaudhry, C.J., Jawwad S. Khawaja and Khilji Arif Hussain, JJSALMAN AKRAM RAJA and another—PetitionersVersusGOVERNMENT OF PUNJAB through Chief Secretary, and others—RespondentsConstitution Petition No.38 of 2012, decided on 2nd October, 2012.(Petition under Article 184(3) of the Constitution of Islamic Republic of Pakistan, 1973).(a) Penal Code (XLV of 1860)——-Ss. 375 & […]
Contract employees subsequently regularized in service—Seniority—Scope—Seniority could not be calculated for contract employees form the date of their initial contractual appointment—Seniority could only be determined when civil servants were commissioned into regular service.
Offense U/S 302 PPC Committed in January 2017 and Compromise Effected in August 2019. Now Question is Diyat Amount Shall be paid in Compromise according to the Amount fixed in 2017 when offense was commited or the amount fixed in 2019 when compromise effected?Answer: Diyat amount would be determined according to prevailing rate of Diyat […]
Constitution of Pakistan, 1973– —-Art. 199–Suit for recovery of dowry articles–Decreed–Appeals–Appeal filed by petitioner was dismissed–Appeal filed by respondent–Right of rebuttal–Findings of investigation officer–Challenge to–Perusal of plaint of suit filed by Respondent No. 3 shows that in Paragraph No. 3 thereof she averred that she was deserted by petitioner many times but due to intervention […]
Pakistan Penal Code, 1860 (XLV of 1860)– —-S. 302(b)–Conviction and sentence–Challenge to–Qatl-e-amd–Benefit of doubt to accused–High Court is convinced that since name of accused/appellant was not mentioned in FIR; his features were not given therein, nor even there is any supplementary statement to his effect, identification before Court after so long, is highly doubtful and […]
Family Courts Act, 1964 (XXXV of 1964)– —-Ss. 7 & 17(a)(4)–Constitution of Pakistan, 1973, Art. 199–Suit for recovery of maintenance allowance and suit for recovery of dower–Suit for maintenance was partially decreed and suit for recovery of dower was dismissed–Petitioner was jobless–Contribution for payment of school fees of minors–Working lady–Financial capability–Question of–Whether course adopted by […]
[Lahore High Court, Multan Bench] Criminal Procedure Code, 1898 (V of 1898)– —-S. 497–Control of Narcotic Substances Act, (XXV of 1947), S. 9(c)–Post-arrest bail, grant of–Allegation of–Recovery of charas in a shopping bag from petitioner–According to the contents of the F.I.R, on suspicion, petitioner was apprehended and “Charas” weighing 1180 grams was allegedly recovered from […]
Family Court has jurisdiction to attach wife’s property in Non-compliance with decree by wife.O. XXI, Rr. 32 & 33—West Pakistan Family Courts Act (XXXV of 1964), S. 5 & Sched.—Constitution of Pakistan, Art. 203-D—Shariat petition-Decree against wife for restitution of conjugal Rights — Non-compliance with decree by wife-Jurisdiction of Family Court to attach wife’s property […]
Ss. 302, 324 & 34Case of Further inquiry S.497(2)Although the accused was nominated in the crime report which was lodged with promptitude, but the mode and manner of commission of offence mentioned therein was generalized in nature; it did not specify any of the accused persons of causing any injury either to any deceased or […]
Stereo. HC JD A 38. Judgment SheetIN THE LAHORE HIGH COURT,MULTAN BENCH, MULTANJUDICIAL DEPARTMENT…ICA No.250/2020MEPCO Vs Akaash Jibraeel etc.….. JUDGMENTDate of hearing: 10.02.2021. Appellant by: Ch. Saleem Akhtar Warraich, Advocate Mr. Amer Aziz Qazi, Advocate Mr. Sajjad Khan Malazai, AdvocateMr. Abdul Sattar Malik, AdvocateMalik Murid Hussain Mukowal, AdvocateMr. Abdul Sattar, AdvocateJamshed Ali Niazi, Director Legal,MEPCO […]
THE PUNJAB PROHIBITION OF KITE FLYING ORDINANCE, 2001 (Ordinance LIX of 2001) C O N T E N T S SECTION HEADING 1. Short title, extent and commencement. 2. Definitions. 3. Cognizable and non-bailable offence. 4. Offence and punishment. 4-A. Registration. 4-B. Permission for kite flying. 4-C. Kite flying association. 5. Power […]
I.C.A-ICA (Writ)-ICA Utility Services 250-20 MEPCO VS AAKASH JIBRAEEL ETC Decision Date 10-02-2021 Download Judgement Tag Line: Distribution Companies cannot be directed not to demand NOC of the Development Authority for electrification of Housing Societies, as it will amount to direct Public Functionaries to deviate from the applicable Policy and Rules.
جديد دعوی دائیری کی تفاصيل کے لئے اس پر کلک کريں
West Pakistan Civil Services Pension Rules, 1963, Rr. 1.5 & 2.2—Seniority—Civil Judges-cum-Magistrates appointed on contract basis regularized in service after appearing in competitive examination—Inter-se seniority of such judges was to be reckoned from the date of their regularization in service and not from their initial appointment on contract basis— Regularization of service through deeming provision […]
GOVERNMENT OF PAKISTAN MINISTRY OF DEFENCE through Secretary -Versus- MUHAMMAD JUNAID KHAN and others— (b) Land Acquisition Act (I of 1894– -S. 11—-Compensation—Matters to be considered for determination— Land is acquired in interest of general public at public expenses on basis of sacrifice of individuals, which required to be adequately compensated in extraordinary manner, and […]