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...

  If the Husband dies during Iddat, the Divorced Wife will be Considered Widow 2017 CLC 516 Mst. ROHEELA YASMIN Versus Ms. NEELOFAR HASSAN The case involves a dispute regarding the inheritance rights of Mst. Roheela Yasmin following the death of her husband, who allegedly divorced her before his death but within the stipulated 90-day period during which he could have revoked the said divorce. The court held that since the divorce had not yet become effective as per S.7 of the Muslim Family Laws Ordinance, 1961, the appellant remained his widow and was entitled to inherit his property. The impugned order was set aside, and the appeal was allowed. Key Legal Issues: • Validity and effectiveness of divorce within the 90-day period. • Right to inheritance under Muslim Family Laws Ordinance. • Procedure for reconciliation in Islamic law. Holding: The court concluded that the divorce pronounced by the deceased husband had not yet become effective as the 90-day period for revocation had no...

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...

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....