A Chairman or A Member of the Zakat Committee is in the Service of Pakistan. Hence, He/She is not Eligible to Contest Election Being in the Service of Pakistan. In a recent judgment, the Baluchistan High Court came across a case where the respondent was chairman of the local Zakat Committee and he presented his …
A Court Becomes “Functus Officio”, It Cannot Reopen the Case, Once It has Passed a Conditional Order. Enlargement of Time U/S 148 CPC Must be Done in Judicious Manner, not Arbitrarily. Sometimes we see our courts pass orders in relation to one of the parties to a case, stating that if that party does not …
State and Its Officials Have Tortious Liability Towards the Citizens For Violation of Their Rights. Honorable Justice Athar Minnallah of the Supreme Court has recently released his additional note in 90-day election case. The note is deeply contemplated and based on self-accounting. It has taken into account the chequered history of the dissolution of the …
In Family cases where the Court has not Fixed any Date for Applicability of Annual Increase in the Maintenance, The Increase Shall be Deemed to be Applicable from the Date of the Decree. Section 17-A (2) of the Family Courts Act, 1964, is concerned about the maintenance of a minor born out of the wedlock …
ICA does not Lie Where an Appeal, Review or Revision is Available Against the Original Order, Irrespective Whether it is Available to one of the Parties or both of them. Proviso to Section 3(2) of the Law Reforms Ordinance, 1972, bars filling an Intra Court Appeal (ICA) against the order of a signal bench where …
Reasonable Doubt and Probability of Involvement of the Accused can be Judged at Bail Stage. The Law of Bail is not Stagnant Law, But It is Developing With the Exigencies of Time. In a recent judgment, the Supreme Court has ruled that the trail court can tentatively assess, at the bail stage, the probability of …
Pith and Substance Matter, not the Title. The Punjab Civil Servant Act and Tribunal Provide a Civil Servant with the Right of Representation, If not the right to Appeal, to a Higher Authority: SC A civil servant/a police official was discharged from his duty on the ground that he had been absent from duty for …
Self-Contradictory Judgment Defeats the End of Justice. The Punishment Shall be Proportionate to the Offence: SC The Lahore High Court, Lahore, observed in a case that the Appellant has unblemished record. She has never been indulged in legally objectional behavior during her employment. Keeping in view her unblemished track record, she cannot be imposed major …
A Mentally Disabled Person Shall be Released on Bail on Sufficient Security U/S 466 of Cr.P.C as a Rule. Refusing Bail to him Shall Occur in Exceptional Circumstances: SC The Supreme Court has ruled in a recent judgment that if an accused is of unsound mind and he is not capable to stand trial or …
Willingness and Capacity to Pay the Sale Consideration is ‘Sine Qua Non‘ for a Specific Performance Suit: IHC Islamabad High has recently rendered a significant judgment in a matter of specific performance, asserting that it is essential for the plaintiff to demonstrate with evidence both his willingness and capacity to pay. Bald claims about his willingness, …
