Eviction petition—Grounds of reconstruction and bonafide personal need of landlord LAWDOST


2020 C L C 60
Before Nadeem Akhtar, J
SULTAN-UL-ULOOM, MIR USMAN ALI KHAN ACADEMY, through Secretary—-Petitioner
ANIS-UR-REHMAN and another—-Respondents

Eviction petition—Grounds being reconstruction of premises and bona fide personal need of landlord—Right of tenant after reconstruction of building—Rent Controller ordered eviction—Appellate Court maintained order of eviction …

add comment

Ex Officio Justice of Peace under S. 22-A, Cr.P.C. had no jurisdiction to issue direction to revenue authorities to demarcate disputed property

2019 P Cr. L J 1598
[Sindh (Larkana Bench)]
Before Irshad Ali Shah, J
ABDUL GHANI and 3 others—Respondents
—-S. 22-A—Ex-officio Justice of Peace, jurisdiction of—Order for demarcation of disputed property—Scope—Ex-Officio Justice of peace directed Mukhtiarkar for demarcation of property—Validity—Ex Officio Justice of Peace by exercising powers …

add comment

Pronouncement of divorce by husband—Conditions—Scope—Entry in Nikahnama—Effect

2018 C L C 1844
[Lahore (Rawalpindi Bench)]
Before Mirza Viqas Rauf, J
Mst. NAZIA RIASAT and 2 others—-Respondents

Suit for recovery of amount on account of divorce—Pronouncement of divorce by husband—Conditions—Scope—Entry in Nikahnama—Effect—Petitioner/ex-husband contended that both the Courts below had wrongly granted dower to respondent/ex-wife as …

add comment

Essential ingredients—Onus of proof—Onus to establish the factum and ingredients of the gift

2020 S C M R 276
[Supreme Court of Pakistan]
Present: Umar Ata Bandial, Faisal Arab and Ijaz ul Ahsan, JJ
MUMTAZ BIBI and others—Respondents
(a) Gift—
—-Oral gift—Essential ingredients—Proof—Brother (petitioner) attempting to disinherit his sisters (respondents) through an alleged oral gift deed made by their father—Petitioner …

add comment

P L D 2020 Sindh 32 Evidence for prosecution—Power of court to summon material witness

Ss. 265-F & 540—Evidence for prosecution—Power of court to summon material witness—Scope— Criminal Procedure Code, 1898, provides only two provisions which deal with examination and production of witnesses i.e. S.265-F and S.540—Section 265-F, Cr.P.C. is absolute prerogative of the parties i.e. prosecution and defence and their discretion to examine, withhold …

add comment

Application for amendment of written statement,,High Court jurisdiction under Art. 199.

2020 C L C Note 14
Before Amin-ud-Din Khan, J
KHALID SIKANDAR and another—Petitioners
—-O. VI, Rr. 17— Constitution of Pakistan, Art. 199— Application for amendment of written statement—Constitutional jurisdiction of High Court—Scope—Non-availability of right of appeal—Effect—Petitioners assailed orders of courts below …

add comment

Disabled child having attained age of majority—Maintenance by father–Review By Family Court

P L D 2017 Lahore 787

Disabled child having attained age of majority—Maintenance by father—Scope—Executing Court while deciding objection by father dropped execution proceedings regarding maintenance allowance of said child—Appellate Court maintained order of Executing Court—Review by executing Court/Family Court— Scope—Disabled child/son had contended that though he had attained majority …

add comment

Identification Parade Of Accused Without Muffled Face

2018 P Cr. L J Note 201
MISBAH-UL-HASSAN and another—Appellants
The STATE and others—Respondents

Identification parade—  Record showed that the identification test was conducted thirteen days after the arrest of accused—Prosecution had not furnished any explanation for the delay—Description of the person whom deceased met in the other …

add comment

Magistrate had discharged the accused in haste without affording proper opportunity to the Investigating Officer

2019 M L D 363
Before Sayyed Mazahar Ali Akbar Naqvi, J
JUDICIAL MAGISTRATE and others—Respondents

Power of Magistrate to discharge accused—Scope—Petitioner/complainant contended that Investigation Officer sought physical remand of the accused, involved in misappropriation of huge amount, but Magistrate wrongly discharged the accused only …

add comment

Statement of witness recorded in absence of accused

2019 Y L R 2553

–Benefit of doubt—Principle—Prosecution is duty bound to bring home charge against the accused beyond any reasonable shadow of doubt, most particularly in cases where capital punishment is provided—Prosecution is under statutory obligation to bring on record unimpeachable and lucid evidence, which shall satisfy the judicial …

add comment