Raja Zahoor Law Chamber

  Orders granting repetitive adjournments with warnings of "last and final" and "absolute last and final" opportunity 2023 SCMR 636 SUPREME COURT IMRAN AHMAD KHAN NIAZI Versus Main MUHAMMAD SHAHBAZ SHARIF The Supreme Court of Pakistan dismissed the petitions for leave to appeal filed by the petitioner, Imran Ahmad Khan Niazi, challenging the orders of the trial court and Lahore High Court, which struck out the right to defense of the petitioner due to his failure to comply with the court's order to answer interrogatories in a defamation suit filed by the respondent, Main Muhammad Shahbaz Sharif. Key Legal Issues: • Jurisdiction under Article 185(3) of the Constitution of Pakistan • Conduct of petitioner affecting the grant of leave to appeal • Effect of contumacious conduct on court proceedings • Compliance with procedural rules under Civil Procedure Code (CPC) • Striking out defense for non-compliance with court orders • Interpretation of procedural rules and p...

Declining Glasgow Coma Scale (GCS) well explained. Crl. Misc.10010-B-24 MUHAMMAD RAMZAN VS STATE ETC  Mr. Justice Muhammad Amjad Rafiq  11-03-2025  2025 LHC 915 Declining Glasgow Coma Scale (GCS) indicates a worsening neurological condition due to head injuries, stroke and other brain related issues. The Glasgow Coma Scale (GCS) is a tool used to assess a patient's level of consciousness by evaluating their eye, verbal, and motor responses, with scores ranging from 3 to 15, where 3 indicates a comatose state and 15 represents normal consciousness. The GCS was developed in 1974 by experts at the University of Glasgow in Scotland. It's a widely used tool for measuring consciousness and coma. It assesses a person's ability to perform eye movements, speak, and move their body. The Glasgow Coma Scale has three categories that apply to a neurological examination. Most of them apply to the brain itself, but some can also involve spinal cord and nerves throughout the body. The G...

  Family Court must consider the financial status of the father when awarding maintenance. 2009 PLD 760 SC TAUQEER AHMAD QURESHI Vs ADDITIONAL DISTRICT JUDGE, LAHORE In this case, the Supreme Court dealt with the issue of appropriate maintenance allowance for minors granted by the Family Court, particularly focusing on the 20% annual increase in the allowance. The Court ruled that the Family Court's awarding of a 20% annual increase was arbitrary, illegal, and without basis and thus reduced it to 5% annually. Key Legal Issues: •Maintenance allowance for minors as per father's financial status •Family Court's jurisdiction and power to award increases in maintenance •Executability of Family Court decrees •Executing Court's authority in declaring parts of a decree inexecutable Holding: The Supreme Court held that the Family Court's decision to award a 20% annual increase in the minors' maintenance allowance was arbitrary, illegal, and whimsical. The Court reduced t...

An Oral Contract is also enforceable but it's terms must be clear. 2024 SCMR 1709 SC Hafiz Qari ABDUL FATEH Vs Ms. UROOJ FATIMA A petition brought by the predecessor in interest of the petitioners was dismissed by the Supreme Court of Pakistan. The petition challenged the judgment of the High Court of Sindh which upheld an appellate court decision overturning a trial court's decree in favor of the petitioner regarding the specific performance of an oral agreement for the sale of disputed agricultural land. Key Legal Issues: •Validity and enforceability of an oral agreement to sell immovable property •Proof requirements for an oral agreement •Law of specific performance based on oral agreements •Importance of specific pleadings in lawsuits •Appellate jurisdiction scope under Article 185(3) of the Constitution Holding: The Supreme Court held that the petitioner failed to establish the existence of an oral agreement by clear and satisfactory evidence. The Court emphasized that the...

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....