KNOWLEDGE FOR ALL: November 2014

Wednesday, November 26, 2014

Information Regarding Marriage in Brazil

The marriage process in Brazil can be complicated and time consuming. All individuals, regardless of nationality, who desire to be married in Brazil must comply with Brazilian law. There are no provisions for American Diplomatic or Consular Officers to perform marriages in Brazil. In addition, marriages may not be performed at the U.S. Embassy or Consulates.

In Brazil, a civil process is required in order to legalize the marriage. Religious ceremonies may also be performed, but they are not legally recognized. Religious ceremonies alone are not considered legally binding. Civil ceremonies may be performed at Civil Registry Offices (Registros Civis). Marriages are normally performed at the Civil Registry Office that has jurisdiction over the resident or the registration of the party. In addition to performing marriages, this office also contains all the required forms and pertinent procedural information necessary to be married in Brazil.

REPORT OF POLICE-OFFICER

Section 167 to 173 (Cr.P.C)

REPORT OF POLICE-OFFICER
2012 SCMR 229

report under S.5(1) of Illegal Dispossession Act, 2005, can be equated as report under S.173, Cr.P.C.

2012 SCMR 59

No motive was alleged in F.I.R. against accused and police after due investigation submitted Challan/report under S.173, Cr.P.C. before Court of Sessions who entrusted to Additional Sessions judge who

POWER TO STOP PROCEEDINGS WHEN NO COMPLAIN

Section 249 & 265 (Cr.P.C)

POWER TO STOP PROCEEDINGS WHEN NO COMPLAIN
2006 SCMR 1192

Ss.249-A & 265-K---Constitutional petition before High Court---Competency---Quashing of F.I.R.---Constitutional petition for quashing of F.I.R. was accepted by High Court on the ground that cheque

1998 SCMR 1359

Ss. 249 & 249-A---Penal Code (XLV of 1860), Ss. 506 & 452---Constitution of Pakistan (1973), Arts. 199 & 185(3)---Discharge of accused by Magistrate without giving any reasons---Validity---

1984 PLD 428 SC

FOR LOVE

SINDHI POETRY

CRIME WEAPON / EMPTIES in bail case laws in Pakistan

CRIME WEAPON/EMPTIES

1 : Bails 2 : Appreciation of Evidence

1: Bails

1991 PCrLJ 106 (Note 145) Noor Samand V/S The State (Lahore).

S.302/109/149. Neither any injury nor any motive was available against accused nor any crime empties of alleged firing was recovered from the place of occurrence. BAIL GRANTED

1991 PCrLJ 176 (Note) Arshad & Others V/S The State.

S..302/307/148/149 PPC. Accused was ascribed only general firing and no injury was attributed to him. No crime empty was recovered. BAIL GRANTED

Bail in recovery of kilashankov in Pakistan

BAIL ORDER 23(1) A S.A.A.2013 (recovery of KALASHNIKOV)

THE HIGH COURT OF SINDH AT KARACHI

Cr. Bail Application No.843 of 2014.

Mohammad Nabi

v/s

The State

Before: MR. JUSTICE AMER RAZA NAQVI.

Date of heading: 04.07.2014.

Applicant: Through Mr. Noor Mohammad Advocate

for the Applicant.

Respondent: Through Mr. Saleem Akhtar, Addl. P.G.

O R D E R

Reduction of Surety Amount in Pakistan

Reduction of Surety Amount

Section 498 and 499 of Criminal Procedure Code

Section 561-A Pakistan Penal Code 1860, Section 489-F PPC

Surety Amount, fixing of – principle- reduction in surety amount – Accused persons were granted bail and amount of surety was fixed as equivalent to the amount of dishnoured chceques – plea raised by accused person was that amount of surety was to be fixed by court keeping in view financial position of accused – validity – fixiing of surety equivalent to the amount of dishonoured cheque could not applied as a matter of rule in all cases – object of calling upon accused to furnish surety was not to penalize them but to ensure their presence in court – Amount of surety must be fixed with regard to nature of offence and means of accused – High Court reduced amount for each of the accused from 50% to 25% of the amount of dishonoured cheques.

PLD 2013 Sindh 68

Conduct and Dress Code for Law Officer in Pakistan

Conduct and Dress Code for Law Officer

A law officer Should be properly dressed as mentioned in HC (R+O) and Bar Council Act

Should conduct himself with dignity and honour and should not involve himself in unnecessary altercations with other lawyers

Should be polite and humble when addressing the Court, without compromising his professional duties

Is in the first place supposed to answer the questions raised by the Court and thereafter he should make his submissions

A law officer in the first place is to answer the questions/quries asked / raised by the court and thereafter he should make his submissions

Vakalatnama, case law in Pakistan

Vakalatnama

2010 PLD 657 SC

O. III, Rr. 3, 4 & O.XXIII, Rr. 1(1), (3)---Advocate's power to compromise or abandon claim on behalf of his client---Scope---Advocate in his discretion could do so in interest of his client, unless his...........

2008 SCMR 896

-Power to compound or settle the matter was vested with the parties and counsel would act according to the instructions given to him by the party and could enter into compromise only where VAKALATNAMA specifically

2004 SCMR 1522

-Art. 185(3)---Counsel and client---High Court had dismissed the Criminal Revision petition of the accused as not pressed by the counsel---Contention of the accused was that he had not instructed the counsel to...

Inheritance, case laws in Pakistan

Inheritance

2012 SCMR 695

Sect---Deceased being issueless left behind a mother and sister---Mother's statement in court to the effect that her deceased son was shia by faith---Validity---Sister would retain remaining property

2012 SCMR 356

Pedigree tables of years 1905-06 and 1950-51 showed that plaintiffs were not successors-in-interest of deceased---Insertion of name of predecessor of plaintiff in subsequent pedigree table of year

Appeal & Review case laws in pakistan

Appeal & Review
2012 SCMR 455

Administrative decisions of government bodies--- Judicial restraint and judicial review ---Principles---Scope---Court does not sit as a court of appeal but merely review s the manner in which decision was taken by

2012 SCMR 385

Sr. No.6, para 2---Constitution of Pakistan, Art.188---review of Supreme Court judgment---Premature retirement---Withdrawal of application---Application of civil servant for withdrawal of his request of premature

Gift. Case laws about Gift cancellation

Gift
2012 SCMR 356

Plaintiffs had not denied that one of them, who appeared as plaintiff's witness in the present suit, had also appeared in suit challenging such Gift and had disowned in his statement any relationship

2011 SCMR 803

Gift ---Mutation of Gift alleged by sons to have been made in their favour by mother during her life time---Suit by daughters claiming Islamic share in legacy of their deceased mother---Proof---Sans