KNOWLEDGE FOR ALL: March 2017

Thursday, March 30, 2017

NAMES OF ABSENTEES IN INTERVIEWS OF IBA SUKKUR TEST QUALIFIED HEAD MASTERS/MISTRESSES PUBLISHED IN DAILY KAWISH 30.3.2017

Tuesday, March 28, 2017

CORRECTION IN DATE OF BIRTH

جيڪڏهن ڪنهن جي شناختي ڪارڊ ۾ ڄم جي تاريخ يا نالي م ڪا غلطي ٿي وڃي سينئر سول ڪورٽ ڪيس داخل ڪري صحيح ڪرائي سگهجي ٿو جنهن جو ٽائيم ڪارڊ جاري ٿيڻ کانپو۽ ڇھ سال آهي۔

agr kisi k NIC (sanakhti card) me koi galti he age me ya name to wo 6 year andar yani card hone se suit dakhil karake sahi karaskta he oske bad agr suit huwa to wo dismissed hojaega.

S. 42---Limitation Act (IX of 1908), Art.120---Suit for declaration---Limitation---Period prescribed for filing of declaratory suit was six (6) years. 2015 MLD 1481

Correction of date of Birth of plaintiff would not adversely affect any right of any other person - No provision existed to prohibit NADRA from rectifying any mistake in CNIC.

2016 YLR 323 Sindh

scmr 2015 page 456 hisab se ap ka ye case service terbunal me file hoga.

2012 YLR 161 PESHAWAR-HIGH-COURT
Side Appellant : MUHAMMAD MALIK AFZAL
Side Opponent : MOHD NOOR
date of birth ---national identity card , entries of ---Evidentiary value---Such entries would carry presumption of truth.

: 2011 SCMR 21 SUPREME-COURT
Side Appellant : MUHAMMAD SHARIF
Side Opponent : CHIEF SECRETARY
R.12-A---Retirement age---Determination---Grievance of civil servant was that his date of retirement had wrongly been calculated from seniority list---Civil servant relied upon his date of birth mentioned in his Secondary School Certificate, Computerized national identity card and Service Book---Validity---date of birth of civil servant mentioned in Service Book could not be ignored as it was the most authenticated document---date of birth mentioned in seniority lists could not be ,referred over date of birth mentioned in Service Book--Supreme Court accepted the date of birth of civil servant mentioned in Secondary School Certificate, Computerized national identity card and Service Book---Supreme Court converted petition for leave to appeal into appeal and set aside notification of retirement of civil servant---Appeal was allowed.

FOR Date Of Birth CORRECTION
2016 YLR 323
2011 CLC 511
2009 YLR 1296
1997 MLD 2801

Latest and Great law citation on correction in date of brith in CNIC with logical arguments.

2016 Y L R 323 [Sindh]
Before Zafar Ahmed Rajput, J
(IMRAN KHAN Versus
FEDERATION OF PAKISTAN through Secretary, Ministry of Interior and 3 others---Respondents)

(a) Specific Relief Act (I of 1877)---

Malicious prosecution

---Suit for damages on basis of malicious prosecution arising out of a criminal charge---Conditions essential to constitute a cause of action for such suit stated.

Malicious prosecution was an abuse of the process of the court by wrongfully setting the law in motion on a criminal charge. To be actionable as a tort the prosecution must have been malicious and terminated in favour of the plaintiff. For an action for malicious prosecution plaintiff had to prove that:

(i) he was prosecuted by the defendant of a criminal charge;

(ii) the proceedings complained of terminated in his favour;

(iii) the defendant instituted or carried on such prosecution maliciously or in other words the prosecution was instituted and carried on with a malicious intent;

(iv) there was absence of reasonable and probable cause for such proceedings; and

(v) he had suffered damage.

P L D 2013 Lahore 170

Before Abdul Sattar Asghar, J

ABDUL MAJEED and others---Petitioners

Versus

MANZOOR HUSSAIN and others---Respondents

CORRECTION IN DATE OF BIRTH

PAKISTAN STEEL MILLS CORPORATION (PVT.) LTD. Versus MUHAMMAD ALI

S.42--

Date of brith was corected.

Limitation Act (IX of 1908), Art. 120 ---Suit for declaration---Date of birth recorded in Service Record, correction of---Plaintiff (employee of Pakistan Steel Mills) alleged that his date of birth had wrongly been recorded in Service Record as 21-12-1951 instead of year 1956---Defendant-employer's plea was that suit was time-barred for having been filed after 30 years of joining service---Proof---Year of date of plaintiff birth was mentioned as 1956 in his old and new National Identity Cards, authenticity whereof had not been challenged by defendant---Joining report relied upon by defendant had been admitted by its witness not to be in handwriting of plaintiff---Defendant's witness admitted that plaintiff's date of birth recorded in Medical Card and Insurance paper was year 1956---According to plaintiff that he came to know about such wrong entry in his service record, when he applied for loan and he was informed that he was going to retire in year 2011 according to his date of birth i.e 1951, but defendant declined to correct same in year 2008---Defendant had failed to establish that plaintiff was in knowledge of such entry in Service Record prior to year 2008---Defendant had not produced any Rules/Regulations governing terms and conditions of its employees barring alteration in their date of birth---Suit was decreed in circumstances.
2014 MLD 440 KARACHI-HIGH-COURT-SINDH PAKISTAN STEEL MILLS CORPORATION (PVT.) LTD. Versus MUHAMMAD ALI

CORRECTION IN DATE OF BIRTH

CORRECTION IN DATE OF BIRTH
2011 CLC 265
2008 SCMR 713
2005 SCMR 152
2009 YLR 1296
تاريخ پيدائش جي درتگي لاء اعليٰ عدالتن جا ڏنل تاريخي فيصلا ۔ ۔
CORRECTION IN DATE OF BIRTH
(S.42 specific relief Act) Suit For Declaration... Plaintiff sought correction in his date of birth in record of Board of Intermediate Secondary Education (defendents) ..Trial court dismissed suit & lower appellate court dismissed appeal. Validity: Evidence produced by board could not rebut plaintiff's date of birth mentioned in birth certificate.... plaintiff a young college student could not be presumed to have instituted the suit in order to gain any undue advantage to the detriment of any one else...concurrent findings of lower court have resulted in grave miscarriage of justice and the same could not be sustained.. Revision was accepted.