held that both these forums
cannot proceed for the same prayer and for the
same relief, at the same time, as it may result into
two contradictory and inconsistent decisions.
(2009 SCMR 1037)
W.P.No.238815 of 2...
Maintenance allowance under section 9
However, held that proceedings
launched in term of section 9 of the Ordinance
will not erode the suit subsequently instituted
before the family court under the provisions of
the Act.
(iii) The plain reading of section 9(1) of the
Ordinance shows that remedy of maintenance
allowance under section 9 ibid is in addition to
seeking any other legal remedy available. In view
of legal position and...
Maintenance allowance
He further submits that even on merits, the
maintenance allowance was fixed at Rs.20,000/- per month,
without discussing and taking into consideration the financial
capacity of the petitioner.
1999 MLD 1008
W.P.No.238815 of 2...
Recovery of decretal amount
“It is manifest from the perusal of above mentioned
provisions of law that action for recovery of decretal
amount can validly be taken against a surety of a
defaulter. The petitioner stood as a surety. He was under
no obligation to bind himself but he did bind himself to
pay the decretal amount, therefore, no interference is
required by this court in the impugned order passed by
the learned Civil...
Maintenance allowance should remain fixed throughout the growing period
On the issue whether a suit for enhancement of
maintenance is maintainable under the Schedule, the
answer is that the same is maintainable. The Schedule
provides for the matter over which the family court
should have jurisdiction. Maintenance is provided at
serial No.3. As such there is no bar on filing a suit for
enhancement of maintenance. There are bound to be
changes in the circumstances and changes...
The suit for jactitation of marriage
In The suit for jactitation of marriage the evidence of the plaintiff (girl) is sufficient that the nikah is not solemnised between the parties with her own free will.
PLD 2006 SC 4...
Nor evidence lead
W.P. Muslim Personal Law (Shariat) Application Act, (V of 1962)
Section 3 & 5
- Plaintiff /collaterals of the original male owner required to establish or record that land transfer to female in Pakistan was in lieu of land of held by female as a limited owner under custom in India. No such contention in plaint- Nor evidence lead- deceased female owner held...
Question of paternity of an adopted child emphasized the need to deploy the DNA test methodology
By means of this judgment the Honorable
Lahore High Court, while dealing with a
question of paternity of an adopted child
emphasized the need to deploy the DNA test
methodology. The Court observed: “The medical science has developed a lot in the
recent span of life while the Forensic Lab has
attained the level of perfection and the skill of
expert cannot be denied. A person can tell a lie,
but...
Limitation period for filing reference before High Court
Limitation period for filing reference before
High Court would start to run from the date of
service of post.
2014 SCMR 1...
No concept of Rahdari existed either in Customs Act, 1969
No concept of Rahdari existed either in
Customs Act, 1969, or in Provincial Motor
Vehicles Ordinance, 1965, and without
payment of customs duty and other
applicable taxes and without possessing a
valid registration number no vehicle could be
driven as the same was in contravention of
the laws.
2014 PTD 1847
CUSTOMS ...
Minors was decreed at the rate
Through this constitution petition, the petitioner
has assailed the legality and validity of order dated 29.09.2014
passed by the learned Judge Family Court whereby suit of the
respondents/minors was decreed at the rate of Rs.3500/- per
month per capita while exercising the power provided under
Section 17-A of the West Pakistan Family Court Act, 1964 as
the petitioner failed to comply with the order...
Important Cases Decided by the Supreme Court
Proceedings were initiated on an anonymous application seeking remedy for Lady Health Workers and lady Health Supervisors. Initially, a report was called from the Secretary, Ministry of Health, Islamabad. Being dissatisfied with the report, Secretary Health was, inter alia, asked to submit as to why minimum wages of Rs.7000.00 PM are not being paid to LHWs. The report submitted in response of the...
Recovery of dowry
Where in a suit for recovery of dowry articles in
shape of gold ornaments the wife had only
prayed for recovery of 12 tolas gold ornaments
and had not fixed any value, it was held that
the husband had the option to either hand over
12 tolas of gold ornaments or to compensate
the wife in terms of money equal to an amount
that would enable her to purchase 12 tolas gold
from open market.
2014 CLC ...
Subscribe to:
Posts (Atom)
Powered by Blogger.
