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...

  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: