Friday, December 4, 2015

List of dowry articles

Qanoon-e-Shahadat section 17
suit for the recovery of dowry articles- non production of receipts for dowry article – effect – provision of the qanun-e-shahadat 1984 were not applicable in the proceedings before family court act 1964 – intent of the legislature was clearly to simplify the proceddure and the law makers were aware of the fact that in cases relating to dower the lists were seldom prepared and receipts were very rarely kept intact as everyone made arrangements for marriage of one's daughter with the hope and prayer that she would lead a happily married life.
2013 CLC 698 Lahore

Marriage of Muslim girl below sixteen years in PAKISTAN

Section 375 Pakistan Penal Code
 Ss. 2(a) & (b) Child Marriage Restrain Act 1929 Ss. 2(a) & (b)
Section 491 Habeas Corpus Criminal Procedure Code  1898 – Petition for the recovery of Detenue – Rape —
Marriage of Muslim girl below sixteen years of age who had otherwise attained puberty and consented to the marriage — Legality — complainant (father of alleged detenue ) filed present petition for recovery of her daughter contending that she was a minor girl and accused was subjecting her to rape – alleged detenue contended that she had attained puberty and contracted marriage with the accused out of her own free will and consant –– validity — Medical reports of alleged detenue revealed that she was between 14 and 15 years of age at the time of her marriage with the accused – medico-legal certificate available on record showed that alleged detenue had developed all physical characteristics of having attained puberty  – marriage of the Muslim girl who was below 16 yeas of age, but had attained puberty and was also a consenting party to the marriage, was valid for all intent and purposes  — relationship of accused with the alleged detenue could not be equated with rape in such circumstances — Alleged detenue claimed to have attained puberty and admitted her willful nikah with the accused and also deposed to accompany him — petition for recovery of alleged detenue was dismissed in circumstances.
PLD 2013 Lahore 243
1994 SCMR 2102

Remarriage after Khula without Intervening

Remarriage after Khula without Intervening 
Section 7(6) Muslim Family Law Ordinance 1961 — constitutional petition — re-marriage – parties were husband and wife inter se and their marriage had been dissolved on the basis of khula vide ex parte decree dated 7-11-2009 – plea raised by parties was that suit for dissolution of marriage was filed on misunderstanding and both of them wanted to re-marry  without intervening marriage (Hallala) – validity – Approved mode of divorce, under Muslim Family laws Ordinance 1961 was by one “Talaq” and such mode was obligatory for husband to divorce by one mode of “talaq” other than “Talaq-e-“Ahsan” – Couple could remarry without any intervening marriage except where wife had been divorced thrice and third divorce had become 4effective and only in that case they could not remarry without “Halala” – All divorces were revocable under section 7(6) of Muslim Fmaily Law Ordinance 1961 – High Court allowed reunion of parties after revival of “Nikah” particularly when wife was willing to live again with her husband and to perform her matrimonial conjugal rights within the limits ordained by the Holy Quran and Sunnah – Petition was allowed in circumstances.
PLD 2013  Sindh 209

Thursday, November 26, 2015

Custody of minor girl to father

Custody of minor girl to father

Defamation suit

Defamation suit
under section 3 of the defamation Ordinance 2002— scopoe…. When no publication was made in any newspaper or at any open or public place, defamation is not alleged and case does not fall under the defamation Ordinance 2002
PLD 2015 Sindh 83

Compulsory Registration

Compulsory Registration

Section 17 and 49 of Registration Act (XVI of 1908)…. document registration of….. scope… every document purporting to create any right. title or interest of the value of Rs.100 and upward would require compulsory Registration
2015 CLC 385 Baluchistan

Divorce through SMS

Divorce through SMS
Article 73 of Qanun-e-Shahadat Information conveyed over modern devices such as SMS – such information is means to communication validly accepted all over the world, however the witness in whose presence such information is conveyed or received is always important to prove a fact through its verification — Although under article 73 of Qanoon e Shahadat 1984 modern devices are legally acceptable yet in order to prove a fact, the required procedure has to be followed.
PLD 2015 Lahore 231

specific performance on un-registered power of attorney sale agreement

specific performance on un-registered power of attorney sale agreement

Order V rule 15 CPC 1908, Registration Act 1908, Section 17 of Specific Relief Act 1877, Section 12 Suit for specific Performance of contract… Owner of Property an illiterate lady.. Agreement to sell through attorney.. Power of attorney, nonregistration of … effect… summons of services of … Scope. Service of summons on maid of defendant in a suit was not a proper service.. Plaintiff had failed to place on record any registered power of attorney.. Seller (owner) title document should be registered for the purpose of alienation of immoveable property… if immoveable property was sold though power of attorney then same should have been registered and without the same attorney could not be deemed to have been duly authorized to sell the property… General power of attorney in the present case was not a register documents therefore agreement of sale through attorney of actual owner on the basis of said power of attorney was no enforceable in law… court had to be even more careful in a case of an immoveable property of an illiterate woman.. Suit was dismissed in circumstances.
2015 CLC 1071 Sindh 

Claim on Breach of Contract

Claim on Breach of Contract
Section 55 of the Contact Act 1872, Breach of Contract… claim for damages—- Scope—party could maintain his right to claim damages with reference to a breach of contract but such right would not be available for the party with reference to natural local or international changes causing effect upon value of the subject of contract particularly when this was not so mentioned in the agreement.
PLD 2015 Sindh 481

Lien/Right of Banker to set off

Lien/Right of Banker to set off
section 171 contact Act, lien / right of banker to set off — principle—Banker and customer – even under the law which provided for recovery through coercive process csuch as land revenue, determination of amount due is an essential pre-requisite—bank cannot be conferred with judicial powers for determination of amount due against its customer/borrower – right/power to sell off is available only where amount claimed is due and is certain and determined by competent judicial forum.
2015 SCMR 1341

Un-Registered Document to sell

Un-Registered Document to sell
Under section 9 of the transfer of the property Act 1908, documents of agreement to sell does not create any legal title but creates a right to obtain another documents for example registered sale deed. Agreement to sell by itself cannot confer any title on the vendee because the same is not a title Deed. Agreement to sell does not require compulsory registration as held by Hon’able Supreme Court in case of Muhammad yousuf versus Munawar HUSSAIN and five others reported in 2000 SCMR 204 which is as under:
“In this view of the matter the right course for the petitioner would have been to institute a suit for specific performance if at all such agreement was executed. The agreement to sell by itself cannot confer any title on the vendee because the same is not a title deed and such agreement does not confer any propriety right and thus it is obvious that the declaratory decree as envisaged by section 42 of the specific Relief Act cannot be awarded because declaration can only be given in respect of legal right or character. The only right arising out of any agreement to sell is to seek its specific performance and in case the vendee has been put in possession the same is protected under section 53-A of the Act.”

Sub-Power after the death of Principle Party

Sub-Power after the death of Principle Party
Section 201 contract Act 1872, constitution of Pakistan article 185(3), sub power of attorney— issued by attorney after death of principal…effect… claim of petitioner/purported purchaser over suit property was based on the conveyance deed executed by the sub attorney of the respondent seller.. validity.. alleged power of attorney issued by respondent in favor of attorney was terminated on the death of respondent principal, therefore the attorney was not authorized to execute a sub power of attorney after death of the principal. In such circumstances the sub power of attorney was invalid and of no legal effect and sub attorney was not authorized to sell the property to the petitioner vide conveyance deed,. Further the purported purchase was the real mother of the sub attorney and as the time of alleged sale of property to her vide conveyance deed sub attorney made no efforts to obtain consent of attorney or principle seller, who has died by that time… petition for leave to appeal was dismissed accordingly and leave was refused (PLD 2014 Supreme Court 794)

Compulsory Registration

Compulsory Registration

2015 CLC 385 Baluchistan

Saturday, September 26, 2015

The International Covenant on Economic, Social and Cultural Rights (ICESCR) =Basic Structure of the Covenant

The Covenant was adopted by the United Nations General Assembly on December 16, 1966 and it came into force on January 3, 1976. As of 2015, the Covenant has 70 signatories and 164 parties. Pakistan signed the Covenant on November 3, 2004 and ratified it on April 17, 2008.
The International Covenant on Economic, Social and Cultural Rights (ICESCR) is a multilateral treaty aimed to commit its parties to work towards the promotion of economic, social and cultural rights. The Covenant aims to provide rights such as the right to health, right to education, right to social security, labour rights and right to an adequate standard of living. The implementation of the Covenant is monitored by a body of human rights experts known asthe Committee on Economic, Social and Cultural Rights. All state parties are required to submit regular reports to the Committee, outlining the legislative, judicial, policy and other measures taken to implement the rights given in the Covenant.
*Basic Structure of the Covenant
The Covenant begins with a preamble laying out its general message and is further divided into five parts which includes thirty one articles.
Part 1: Article 1 lays down the right of all peoples to self determination, which includes the right to “freely determine their political status”, pursue their economic, social and cultural goals and the right to manage and dispose of their own resources. In no circumstances whatsoever, may people be deprived of their means of subsistence. It further imposes an obligation on state parties to promote and respect their right of self determination.
Part 2: Articles 2-5 develop the principle of “progressive realization” compelling the parties to “take steps… to the maximum of its available resources, with a view to achieving the full realization of the rights recognized in the present Covenant by all appropriate means” (Article 2). This requires that, although it may be difficult to entirely implement some of the rights within a short span of time, the parties shall perform to the best of their abilities and within their means to implement them.  This Article further requires the rights of the Covenant to be implemented “without discrimination of any kind as to race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status” (Article 2 {2} ).
Article 3 ensures the equal right of men and women to the enjoyment of economic, social and cultural rights contained in the Covenant. The rights set forth in the Covenant can only be limited by law, in a manner compatible with the nature of rights, and only for the purpose of “promoting the general welfare in a democratic society” (Article 4).
Part 3 (Articles 6-15) lists the rights set forth in the Covenant which includes:
Article 67, and 8: The right to “work” under “just and favourable conditions” and the right to form trade unions
Article 9: The right to social security, including social insurance
Article 10: The right to family protections, marriage only by consent, and leave for new mothers and protection of children from exploitation
Article 11: The right to an adequate standard of living, including adequate food, clothing and housing, and the “continuous improvement of living conditions”
Article 12: The right to the highest attainable standard of health
Article 13: The right to education
Article 14: States shall make primary education compulsory and free of charge
Article 15: The right of everyone to take part in cultural life and enjoy the benefits of scientific progress
Part 4: Articles 16-25 govern the reporting and monitoring of the Covenant and the steps required to be taken by state parties to implement it. It allows the monitoring body, The Committee on Economic, Social and Cultural Rights to make general recommendations to the UN General Assembly on the measures taken and the progress made by the State parties in achieving general observance of the rights recognized in the present Covenant.
Part 5Articles 26-31 govern ratification, entry into force and amendment of the Covenant.
Optional Protocol: The Optional Protocol to the International Covenant on Economic, Social and Cultural Rights is a side agreement to the Covenant which allows its parties to recognize the competence of the Committee on Economic, Social and Cultural Rights to consider complaints from individuals.
The Optional Protocol was adopted by the UN General Assembly on December 10, 2008. It was open for signature on September 24, 2009 and was entered into force on May 5, 2013.
*ICESCR AND PAKISTAN
Pakistan has a general reservation to interpret the Covenant within the framework of its constitution.
The Constitution of Pakistan 1973 does not include an extended list of socio-economic rights under Chapter 1 on Fundamental Rights. However, the right to education is now expressly recognized in Article 25A inserted through the 18thAmendment. Article 22 (Safeguards to Educational Institutions in Respect of Religion) and Article 28 (preservation of language, script and culture recognize what are normally considered cultural rights). In addition, the Constitution provides for freedom from slavery and forced labour (Article 11); freedom of trade, business or profession (Article 18); safeguards against taxation for the propagation of a religion other than one’s own (Article 21); right not to receive religious instructions in an educational institution except those related to one’s own religion (Article 22); and finally the right to property (Article 23 and 24).
The Principles of Policy (Articles 29-40) call upon the State to “make provision for the just and humane conditions of work; to provide basic necessities of life such as food, clothing, housing, education and medical relief” without discrimination; and “to reduce disparity in income and earnings”. Furthermore, the Constitution of Pakistan 1973 requires the discouragement of parochial prejudices (Article 33), take steps to ensure participation of women in national life (Article 34), protect the institution of the marriage and the family (Article 35), protect minorities (Article 36), promote social justice (Article 37) and promote social and economic well being of the people (Article 38).  Therefore, various provisions and policy principles of the Constitution of Pakistan 1973 reflect the provisions set forth in the International Covenant on Economic, Social and Cultural Rights.

Saturday, June 27, 2015

Who's afraid of the Islamic State?

Who's afraid of the Islamic State?

e  recent boast by the Islamic State of Iraq and al-Sham (Isis) that, with billions of dollars in the bank, it can “call on [its] wilayah in Pakistan to purchase a nuclear device through weapons dealers with links to corrupt officials in the region” came as a startling revelation. More realistically, the jihadi organisation claimed in its propaganda magazine, Dabiq, “if not a

India funding claims: Documents purport to reveal MQM leader's statement

India funding claims: Documents purport to reveal MQM leader's statement

Three pages of text, some of it censored with what appears to be black ink, purport to reveal party leader Tariq Mir as saying that MQM had New Delhi's support and that supremo Altaf Hussain received funding from India.

Imran Farooq murder case: Scotland Yard team arrives in Islamabad

Imran Farooq murder case: Scotland Yard team arrives in Islamabad

ISLAMABAD: A team from Britain's Scotland Yard (London Metropolitan Police) arrived in Islamabad on Saturday in relation to the investigation of the murder of Muttahida Qaumi Movement (MQM) leader Dr Imran Farooq.

Sunday, April 19, 2015

Physics

Physics

This article is about the field of science. For other uses, see Physics (disambiguation).
Various examples of physical phenomena.
Further information: Outline of physics
Physics (from Ancient Greekφυσική (ἐπιστήμη) phusikḗ (epistḗmē) "knowledge of nature", from φύσις phúsis "nature"[1][2][3]) is the natural science that involves the study of matter[4] and its motionthrough space and time, along with related concepts such as energyand force.[5] More broadly, it is the general analysis of nature, conducted in order to understand how the universe behaves.[a][6][7]
Physics is one of the oldest academic disciplines, perhaps the oldest through its inclusion of astronomy.[8] Over the last two millennia, physics was a part of natural philosophy along with chemistry, certain branches of mathematics,

Chemistry

Chemistry

For other uses, see Chemistry (disambiguation).
"Chemical science" redirects here. For the Royal Society of Chemistry journal, see Chemical Science (journal).
Solutions of substances in flasks, including ammonium hydroxide andnitric acid, illuminated in different colors.
Chemistry is a branch of physical science that studies the composition, structure, properties and change of matter.[1][2] Chemistry is chiefly concerned with atoms andmolecules and their interactions and transformations, for example, the properties of the chemical bonds formed between atoms to create chemical compounds. As such, chemistry studies the involvement of electrons and various forms of energy inphotochemical reactionsoxidation-reduction reactionschanges in phases of matter, and separation of mixtures. Preparation and properties of complex substances, such as alloyspolymers, biological molecules, and pharmaceuticalagents are considered in specialized fields of chemistry.
Chemistry is sometimes called the central science because it

Monday, March 23, 2015

SP GHOTKI IBRAR NEKUKAR AND MUKHTIARKAR MIRPUR MATHELO MR NAZEER MAHAR

 ye log office me bethry to nahi magar alwadai party me kece kharey mr sp nekukar and dekhen to mr Nazeer Mahar Mukhtiarkar ko jo office bhi apni marzi se atey hen or awam ke record ka bhi bura hal kar k rakh dia he. kitni masomiat se sp and mukhtiarkar kharey hen is journalist ke sath ke koi buri khabar na dede newspaper me.?????????????????????????

Lansdowne Bridge Rohri, Sukkur-Rohri bridge on indus river



Saturday, March 21, 2015

DIRECTOR HUMAN RIGHTS ,TO KEEP ENTRY IN REVENUE RECORD OF PROPERTY






IN THE COURT OF DISTRICT JUDGE / DIRECTOR HUMAN RIGHTS GHOTKI
Misc: App: No.         2015


Muhammad Mithal S/o Abdul Rehman Panhwar
By profession an Advocate,
Resident of Village Abdul Rehman Panhwar near Ice Factory,
(Jalbani law chamber, lawyer’s street)
Taluka Miprur Mathelo District Ghotki ……………………………Applicant

V E R S U S

1.      Assistant Commissioner ( Revenue )
MiprurMathelo

2.      Mukhtiarkar,
MiprurMathelo

3.   Tapedar @ Tapa Miprur Deh Mirpur
  Taluka Mirpur Mathelo ………………………. Respondents


APPLICATION TO KEEP ENTRY IN REVENUE RECORD OF PROPERTY ADMEASURING 1-14 ACRES OUT OF S.NO: 126 (2-28) IN DEH MIRPUR TALUKA MIRPUR MATHELO AND ISSUANCE OF DEH FORM VII-B AS PER SALE DEED.



I the undersigned applicant state as under,

1.                  That I am the law abiding citizen of Pakistan and residing @ above address within this Honorable Court's jurisdiction.

LEGAL NOTICE FOR PAYMENT OF P.O.L BILLS


To
The Honorable Deputy Commissioner
Ghotki @ Mirpur Mathelo

The Honorable Commissioner
Sukkur Division, Sukkur

The Honorable Secretary Revenue department
Government of Sindh, Karachi


SUBJECT:      LEGAL NOTICE FOR PAYMENT OF P.O.L BILLS                                               RS.2270619-00

Dear Sir,
                        Under the instructions from my client Haji Mohammad Alam Proprietor of           M/S IQBAL SERVICE STATION/PETROLEUM SERVICE Mirpur Mathelo, I address you as under,
That my client had supplied the POL to Government vehicles of the districts which were allotted to officers as mentioned in listed below,

1.      EDO (F.P)                          NOV 2011 TO JAN 2012                   RS.   110245-00
2.      DDO (M.MATHELO)        NOV 2009 TO MAY 2010    

DIRECTOR HUMAN RIGHTS, APPLICATION TO CONSTRUCT THREE (03) DRAINAGE SYSTEM /WATER COURSE BRIDGES BETWEEN THE UNDER CONSTRUCTED METALED ROAD






IN THE COURT OF DISTRICT JUDGE / DIRECTOR HUMAN RIGHTS GHOTKI
Misc: App: No.         2015


Muhammad Mithal S/o Abdul Rehman Panhwar
By profession an Advocate,
Resident of Village Abdul Rehman Panhwar near Ice Factory,
(Jalbani law chamber, lawyer’s street)
Taluka Miprur Mathelo District Ghotki ……………………………Applicant

V E R S U S

1          Chief Executive Engineer
Highway Division Ghotki

2.         SDO Roads, Mirpur Mathelo

3.         Circle Officer,
Anti-corruption Establishment Circle, Ghotki

4.         Deputy Commissioner
District Ghotki @ MiprurMathelo ………………………. Respondents


APPLICATION TO CONSTRUCT THREE (03) DRAINAGE SYSTEM /WATER COURSE BRIDGES BETWEEN THE UNDER CONSTRUCTED METALED ROAD


I the undersigned applicant state as under,

1.                  That I am the law abiding citizen of Pakistan and residing @ above address within this Honorable Court's jurisdiction.

WHY YOU ANGRY