Raja Zahoor Law Chamber

The Supreme Court verdict in a case on the issue of Qazf and denial of descent. Crl. Sh. R. P. No. 2/2016 MST. SAEEDA BEGUM Vs THE STATE & ANOTHER The Shariat Appellate Bench of the Supreme Court has delivered a verdict in a case on the issue of Qazf and denial of descent. On the birth of the third girl, the man refused to accept her as his daughter and divorced his wife. Even later he refused. The session judge's court had left the matter to Allah. The Federal Shariah Court had pronounced the sentence on the conviction of Qazf, but imposed punishment instead of the limit. The Shariat Appellate Bench of the Supreme Court had also abolished the penalty. A revision petition was filed against him. The revision hearing before the Shariat Appellate Bench in the Supreme Court was held in August 2024 and the decision was reserved. Detail Judgment is given below:

Grandparents also have the right to visit a minor 2021 YLR 1989 LHR SAROSH SIKANDER VS GUARDIAN JUDGE, LAHORE The petitioner (mother) challenged the maintainability of an application filed by the grandmother seeking interim custody and visitation rights of a minor in the Guardian Court. The court rejected the petitioner’s constitutional petition, ruling that the grandmother's application for visitation rights was maintainable. Key Legal Issues: •Whether the grandmother could apply for interim custody and visitation rights under the Guardians and Wards Act, 1890. •Scope of the term 'parent' within the Family Courts Act, 1964, as it pertains to visitation rights. •Maintainability of a constitutional petition against an interlocutory order of the Guardian Court. Holding: The court held that the grandmother’s application for interim custody and visitation rights of the minor was maintainable. The term 'parent' in the Family Courts Act, 1964, was interpreted broadly enou...

  Gift is a personal action that must be performed by the owner himself. PLD 2016 LHR 287 MST. BUDHAI Vs GHULAM MUSTAFA The court decided that an attorney cannot gift property on behalf of the deceased principal without explicit permission. The trial court had granted the suit for declaration by the plaintiffs, but the appellate court reversed this decision. Upon appeal and revision, the court reverted to the trial court's original decision, deeming the gift deed executed by the attorney null and void. Key Legal Issues: •Whether an attorney can execute a gift on behalf of the deceased principal. •If specific permission from the principal is required for the attorney to gift property to a near relative. •The legitimacy of the date of death of the principal as determined by the Deputy Commissioner. •The necessity for consideration and formalities in the context of gifts under Islamic law. Holding: The court held that the attorney did not have the authority to gift the property on his...

  3/4 Prohibition of Norcotics, if the accused says that he pleaded guilty, he cannot be punished. Until he says he works and transports heroin. 1990 PCrLJ 1685 FSC MUBARAK ALI VS THE STATE This case from the Federal Shariat Court of Pakistan involves the appellant Mubarik Ali who was convicted by a Magistrate 1st Class for transporting 10 grams of heroin. The trial and sentence were challenged primarily due to procedural discrepancies regarding the powers of the trial magistrate and the lack of clear admission of guilt by the appellant. The appeal was accepted, and the appellant's sentence was modified to the time already served. Key Legal Issues: •Authority of Magistrate under S. 30, Cr.P.C. •Clear admission of guilt requirement under S. 243, Cr.P.C. •Validity of charges under Articles 3 and 4 of the Prohibition Order •Consideration of time served under S. 382-B, Cr.P.C. Holding: The appellant's trial was vitiated due to the magistrate imposing a sentence exceeding his powers...

A gift mutation made in favor of sons by depriving daughters of their Shariah rights is voidable. 2016 SCMR 986 SC ISLAM-UD-DIN Vs Mst. NOOR JAHAN The Supreme Court of Pakistan in 2016 SCMR 986 dealt with the issue of daughters being deprived of their share of inheritance in agricultural land and properties due to alleged gift documents and mutation entries in the name of sons only. The court found that the alleged gifts and mutations did not meet the legal requirements as per the Qanun-e-Shahadat, 1984, specifically Article 79, and thus disregarded these documents, granting the daughters their rightful share of inheritance. Key Legal Issues: •Inheritance rights of daughters •Validity of gift documents and mutations •Requirement of attesting witnesses as per Article 79 of the Qanun-e-Shahadat, 1984 •High Court revisional jurisdiction under S. 115 of the Civil Procedure Code Holding The court dismissed the appeals, upholding the High Court's decision to disregard the mutations and t...

Mothers's inherent right to meet her children 2018 MLD 574 AMIR BASHIR Versus Mst. NOSHEEN FATIMA The Sindh High Court dismissed a constitutional petition filed by the father challenging a Family Court order that allowed the mother visitation rights with her minor children. The court upheld the Family Court’s decision recognizing the mother's rights as a natural guardian. Key Legal Issues: ●Mother's right to visitation despite not filing a separate guardianship suit, under Section 12 of the Guardians and Wards Act ●Family Court’s authority to grant visitation rights ●Father's contention regarding the procedural errors and the living arrangements of the mother ●Relevance of the natural guardianship of the mother in the decision-making process Holding: The court held that the mother, being the natural guardian, has every right to meet her children. The Family Court’s visitation arrangement was considered just, fair, and equitable, protecting the rights of both parties, an...

Modification of Visitation Schedule YLR 2021 LHR 2030 The Lahore High Court allowed the petition filed by Amna Nawaz, seeking the establishment of a fresh visitation schedule for meeting her children. The court set aside the impugned order of the Guardian Judge due to the respondent's failure to comply with previous orders and produce the children. The petitioner is directed to approach the Guardian Judge to chalk out a new visitation schedule in accordance with the welfare of the minors. Key Legal Issues: ●Custody of minors ●Visitation rights ●Modification of visitation schedule Holding: The court allowed the constitutional petition, set aside the impugned order of the Guardian Judge, and directed the petitioner to approach the Guardian Court for obtaining a fresh visitation schedule. The Guardian Court is instructed to proceed with the matter expediently, considering the welfare of the minors. Reasoning: ●Welfare of the minor is the paramount consideration for the Guardian Court....

𝟓 𝐓𝐢𝐩𝐬 𝐟𝐨𝐫 𝐛𝐞𝐭𝐭𝐞𝐫 𝐋𝐞𝐠𝐚𝐥 𝐃𝐫𝐚𝐟𝐭𝐢𝐧𝐠 The word written is one of the key tools in the legal profession. Legal writing can be considered as type of technical writing used by judges, lawyers, legislators etc. in law to express legal analysis, rights and duties. It will take time and practise to master legal writing skills. Here are some tips to enhance your legal writing skills. 1. Think of Your Audience : Words you written should satisfies the needs of the reader. Documents which symbolize the same research & message might vary significantly in content & tone based on the proposed audience of documents. You should always keep your audience in mind when drafting any piece of writing. 2. Organise Your Writing: Organization is one of the important things for successful legal writing. It will be nice to introduce your subject in an introductory paragraph. Use of transitional phrases like “moreover, “however,” “furthermore,” “in addition,” etc. will be better. P...