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Search Results: Categories: Guardian and Wards Act 1890 (132 found)

Aminullah Mandokhail V. Government of Balochistan through Secretary Home and Tribal Affairs Department and 4 others,

Citation: PLJ 2018 Quetta 118

Case No: C.P. No. 962 of 2017

Judgment Date: 29/09/2017

Jurisdiction: Balochistan High Court

Judge: Justice Syeda Tahira Safdar

Summary: Guardian and Wards Act, 1890 (VIII of 1890)------S. 25--Family Courts Act, 1964 S. 13--Custody of minor--Recovery of detainee--Execution ofdegree--Powers of Court--Jurisdiction--Validity--Though this provision mainly deals with decreepassed in terms of money, while petitioner applied for custody of minor, thus provisions ofGuardians and Wards Act, 1890 (Act 1890) shall have its application--Section 25 of Act 1890empower a Court to issue process for return of minor to guardian of his person--Executing Courtis fully empowered to execute order passed by a Court of competent jurisdiction--Petitioner mayapply executing Court by suggesting modes as provided by Law for redressal of his grievance,and also for implementation of decree--Petition disposed of.[Pp. 120 & 122] A & DCriminal Procedure Code, 1898 (V of 1898)------S. 100--Family Court Act, 1964, S. 13--Power to arrest award--Custody of minor--In additionall powers available under Section 100 Criminal Procedure Code (Cr.P.C) to a Magistrate, madeavailable to a Family Court for purpose. [P. 121] BGuardian and Wards Act, 1890 (VIII of 1890)------S. 44--Family Court Act, 1964--Constitution of Pakistan, 1973, Art. 199--Imposing ofpenalty--Jurisdiction--Powers of Court--Section 44 of Act 1890 could also be imposed inaddition thereto, if ward removed from jurisdiction of Court without prior approval--In viewadequate powers available with executing Court to implement order of Family Court--Thus inpresence of remedy available under Law i.e. Family Courts Act, 1964 and Guardian and WardsAct, 1890, not mandated this Court to exercise its jurisdiction under Article 199 of Constitution,extra ordinary in nature

Aminullah Mandokhail V. Government of Balochistan through Secretary Home and Tribal Affairs Department and 4 others,

Citation: PLJ 2018 Quetta 118

Case No: C.P. No. 962 of 2017

Judgment Date: 29/09/2017

Jurisdiction: Balochistan High Court

Judge: Justice Syeda Tahira Safdar

Summary: Guardian and Wards Act, 1890 (VIII of 1890)------S. 25--Family Courts Act, 1964 S. 13--Custody of minor--Recovery of detainee--Execution ofdegree--Powers of Court--Jurisdiction--Validity--Though this provision mainly deals with decreepassed in terms of money, while petitioner applied for custody of minor, thus provisions ofGuardians and Wards Act, 1890 (Act 1890) shall have its application--Section 25 of Act 1890empower a Court to issue process for return of minor to guardian of his person--Executing Courtis fully empowered to execute order passed by a Court of competent jurisdiction--Petitioner mayapply executing Court by suggesting modes as provided by Law for redressal of his grievance,and also for implementation of decree--Petition disposed of.[Pp. 120 & 122] A & DCriminal Procedure Code, 1898 (V of 1898)------S. 100--Family Court Act, 1964, S. 13--Power to arrest award--Custody of minor--In additionall powers available under Section 100 Criminal Procedure Code (Cr.P.C) to a Magistrate, madeavailable to a Family Court for purpose. [P. 121] BGuardian and Wards Act, 1890 (VIII of 1890)------S. 44--Family Court Act, 1964--Constitution of Pakistan, 1973, Art. 199--Imposing ofpenalty--Jurisdiction--Powers of Court--Section 44 of Act 1890 could also be imposed inaddition thereto, if ward removed from jurisdiction of Court without prior approval--In viewadequate powers available with executing Court to implement order of Family Court--Thus inpresence of remedy available under Law i.e. Family Courts Act, 1964 and Guardian and WardsAct, 1890, not mandated this Court to exercise its jurisdiction under Article 199 of Constitution,extra ordinary in nature

Aminullah Mandokhail V. Government of Balochistan through Secretary Home and Tribal Affairs Department and 4 others,

Citation: PLD 2018 Balochistan 30

Case No: Constitutional Petition No.962 of 2017

Judgment Date: 29/09/2017

Jurisdiction: Balochistan High Court

Judge: Justice Syeda Tahira Safdar

Summary: Guardians and Wards Act (VIII of 1890)-------S. 25---Family Courts Act (XXXV of 1964), S.13---Criminal Procedure Code (V of 1898), S.100---Constitution of Pakistan, Art.199---Constitutional petition---Alternate and efficaciousremedy---Recovery of minor child---Execution of decree passed by Guardian Court---Custody ofminor was decided in favour of father---Father filed execution of decree but in response toprocess, mother of minor did not produce him before the court---Father sought production ofminor under Constitutional jurisdiction of High Court and to get his name placed on Exit ControlList---Validity---Held, adequate powers were available with Executing Court to implement orderof Family Court---In presence of remedy available under the law, i.e., Family Courts Act, 1964and Guardians and Wards Act, 1890, High Court declined to exercise its extraordinaryjurisdiction under Art.199 of the Constitution---Executing Court was fully empowered to issuedirections for placing name of minor on Exit Control List if so required---Executing Court wasfully empowered to execute the decree passed by the court competent jurisdiction---Father couldapply to the Executing Court for redressal of his grievance and also for implementation of thedecree---Constitutional petition was disposed of accordingly.

Aminullah Mandokhail V. Government of Balochistan through Secretary Home and Tribal Affairs Department and 4 others,

Citation: PLJ 2018 Quetta 118

Case No: C.P. No. 962 of 2017

Judgment Date: 29/09/2017

Jurisdiction: Balochistan High Court

Judge: Justice Syeda Tahira Safdar

Summary: Guardian and Wards Act, 1890 (VIII of 1890)------S. 25--Family Courts Act, 1964 S. 13--Custody of minor--Recovery of detainee--Execution ofdegree--Powers of Court--Jurisdiction--Validity--Though this provision mainly deals with decreepassed in terms of money, while petitioner applied for custody of minor, thus provisions ofGuardians and Wards Act, 1890 (Act 1890) shall have its application--Section 25 of Act 1890empower a Court to issue process for return of minor to guardian of his person--Executing Courtis fully empowered to execute order passed by a Court of competent jurisdiction--Petitioner mayapply executing Court by suggesting modes as provided by Law for redressal of his grievance,and also for implementation of decree--Petition disposed of.[Pp. 120 & 122] A & DCriminal Procedure Code, 1898 (V of 1898)------S. 100--Family Court Act, 1964, S. 13--Power to arrest award--Custody of minor--In additionall powers available under Section 100 Criminal Procedure Code (Cr.P.C) to a Magistrate, madeavailable to a Family Court for purpose. [P. 121] BGuardian and Wards Act, 1890 (VIII of 1890)------S. 44--Family Court Act, 1964--Constitution of Pakistan, 1973, Art. 199--Imposing ofpenalty--Jurisdiction--Powers of Court--Section 44 of Act 1890 could also be imposed inaddition thereto, if ward removed from jurisdiction of Court without prior approval--In viewadequate powers available with executing Court to implement order of Family Court--Thus inpresence of remedy available under Law i.e. Family Courts Act, 1964 and Guardian and WardsAct, 1890, not mandated this Court to exercise its jurisdiction under Article 199 of Constitution,extra ordinary in nature

Aminullah Mandokhail V. Government of Balochistan through Secretary Home and Tribal Affairs Department and 4 others,

Citation: PLD 2018 Balochistan 30

Case No: Constitutional Petition No.962 of 2017

Judgment Date: 29/09/2017

Jurisdiction: Balochistan High Court

Judge: Justice Syeda Tahira Safdar

Summary: Guardians and Wards Act (VIII of 1890)-------S. 25---Family Courts Act (XXXV of 1964), S.13---Criminal Procedure Code (V of 1898), S.100---Constitution of Pakistan, Art.199---Constitutional petition---Alternate and efficaciousremedy---Recovery of minor child---Execution of decree passed by Guardian Court---Custody ofminor was decided in favour of father---Father filed execution of decree but in response toprocess, mother of minor did not produce him before the court---Father sought production ofminor under Constitutional jurisdiction of High Court and to get his name placed on Exit ControlList---Validity---Held, adequate powers were available with Executing Court to implement orderof Family Court---In presence of remedy available under the law, i.e., Family Courts Act, 1964and Guardians and Wards Act, 1890, High Court declined to exercise its extraordinaryjurisdiction under Art.199 of the Constitution---Executing Court was fully empowered to issuedirections for placing name of minor on Exit Control List if so required---Executing Court wasfully empowered to execute the decree passed by the court competent jurisdiction---Father couldapply to the Executing Court for redressal of his grievance and also for implementation of thedecree---Constitutional petition was disposed of accordingly.

Aminullah Mandokhail V. Government of Balochistan through Secretary Home and Tribal Affairs Department and 4 others,

Citation: PLD 2018 Balochistan 30

Case No: Constitutional Petition No.962 of 2017

Judgment Date: 29/09/2017

Jurisdiction: Balochistan High Court

Judge: Justice Syeda Tahira Safdar

Summary: Guardians and Wards Act (VIII of 1890)-------S. 25---Family Courts Act (XXXV of 1964), S.13---Criminal Procedure Code (V of 1898), S.100---Constitution of Pakistan, Art.199---Constitutional petition---Alternate and efficaciousremedy---Recovery of minor child---Execution of decree passed by Guardian Court---Custody ofminor was decided in favour of father---Father filed execution of decree but in response toprocess, mother of minor did not produce him before the court---Father sought production ofminor under Constitutional jurisdiction of High Court and to get his name placed on Exit ControlList---Validity---Held, adequate powers were available with Executing Court to implement orderof Family Court---In presence of remedy available under the law, i.e., Family Courts Act, 1964and Guardians and Wards Act, 1890, High Court declined to exercise its extraordinaryjurisdiction under Art.199 of the Constitution---Executing Court was fully empowered to issuedirections for placing name of minor on Exit Control List if so required---Executing Court wasfully empowered to execute the decree passed by the court competent jurisdiction---Father couldapply to the Executing Court for redressal of his grievance and also for implementation of thedecree---Constitutional petition was disposed of accordingly.

Aminullah Mandokhail V. Government of Balochistan through Secretary Home and Tribal Affairs Department and 4 others,

Citation: PLD 2018 Balochistan 30

Case No: Constitutional Petition No.962 of 2017

Judgment Date: 29/09/2017

Jurisdiction: Balochistan High Court

Judge: Justice Syeda Tahira Safdar

Summary: Guardians and Wards Act (VIII of 1890)-------S. 25---Family Courts Act (XXXV of 1964), S.13---Criminal Procedure Code (V of 1898), S.100---Constitution of Pakistan, Art.199---Constitutional petition---Alternate and efficaciousremedy---Recovery of minor child---Execution of decree passed by Guardian Court---Custody ofminor was decided in favour of father---Father filed execution of decree but in response toprocess, mother of minor did not produce him before the court---Father sought production ofminor under Constitutional jurisdiction of High Court and to get his name placed on Exit ControlList---Validity---Held, adequate powers were available with Executing Court to implement orderof Family Court---In presence of remedy available under the law, i.e., Family Courts Act, 1964and Guardians and Wards Act, 1890, High Court declined to exercise its extraordinaryjurisdiction under Art.199 of the Constitution---Executing Court was fully empowered to issuedirections for placing name of minor on Exit Control List if so required---Executing Court wasfully empowered to execute the decree passed by the court competent jurisdiction---Father couldapply to the Executing Court for redressal of his grievance and also for implementation of thedecree---Constitutional petition was disposed of accordingly.

Aminullah Mandokhail V. Government of Balochistan through Secretary Home and Tribal Affairs Department and 4 others,

Citation: PLJ 2018 Quetta 118

Case No: C.P. No. 962 of 2017

Judgment Date: 29/09/2017

Jurisdiction: Balochistan High Court

Judge: Justice Syeda Tahira Safdar

Summary: Guardian and Wards Act, 1890 (VIII of 1890)------S. 25--Family Courts Act, 1964 S. 13--Custody of minor--Recovery of detainee--Execution ofdegree--Powers of Court--Jurisdiction--Validity--Though this provision mainly deals with decreepassed in terms of money, while petitioner applied for custody of minor, thus provisions ofGuardians and Wards Act, 1890 (Act 1890) shall have its application--Section 25 of Act 1890empower a Court to issue process for return of minor to guardian of his person--Executing Courtis fully empowered to execute order passed by a Court of competent jurisdiction--Petitioner mayapply executing Court by suggesting modes as provided by Law for redressal of his grievance,and also for implementation of decree--Petition disposed of.[Pp. 120 & 122] A & DCriminal Procedure Code, 1898 (V of 1898)------S. 100--Family Court Act, 1964, S. 13--Power to arrest award--Custody of minor--In additionall powers available under Section 100 Criminal Procedure Code (Cr.P.C) to a Magistrate, madeavailable to a Family Court for purpose. [P. 121] BGuardian and Wards Act, 1890 (VIII of 1890)------S. 44--Family Court Act, 1964--Constitution of Pakistan, 1973, Art. 199--Imposing ofpenalty--Jurisdiction--Powers of Court--Section 44 of Act 1890 could also be imposed inaddition thereto, if ward removed from jurisdiction of Court without prior approval--In viewadequate powers available with executing Court to implement order of Family Court--Thus inpresence of remedy available under Law i.e. Family Courts Act, 1964 and Guardian and WardsAct, 1890, not mandated this Court to exercise its jurisdiction under Article 199 of Constitution,extra ordinary in nature

Aminullah Mandokhail V. Government of Balochistan through Secretary Home and Tribal Affairs Department and 4 others,

Citation: PLJ 2018 Quetta 118

Case No: C.P. No. 962 of 2017

Judgment Date: 29/09/2017

Jurisdiction: Balochistan High Court

Judge: Justice Syeda Tahira Safdar

Summary: Guardian and Wards Act, 1890 (VIII of 1890)------S. 25--Family Courts Act, 1964 S. 13--Custody of minor--Recovery of detainee--Execution ofdegree--Powers of Court--Jurisdiction--Validity--Though this provision mainly deals with decreepassed in terms of money, while petitioner applied for custody of minor, thus provisions ofGuardians and Wards Act, 1890 (Act 1890) shall have its application--Section 25 of Act 1890empower a Court to issue process for return of minor to guardian of his person--Executing Courtis fully empowered to execute order passed by a Court of competent jurisdiction--Petitioner mayapply executing Court by suggesting modes as provided by Law for redressal of his grievance,and also for implementation of decree--Petition disposed of.[Pp. 120 & 122] A & DCriminal Procedure Code, 1898 (V of 1898)------S. 100--Family Court Act, 1964, S. 13--Power to arrest award--Custody of minor--In additionall powers available under Section 100 Criminal Procedure Code (Cr.P.C) to a Magistrate, madeavailable to a Family Court for purpose. [P. 121] BGuardian and Wards Act, 1890 (VIII of 1890)------S. 44--Family Court Act, 1964--Constitution of Pakistan, 1973, Art. 199--Imposing ofpenalty--Jurisdiction--Powers of Court--Section 44 of Act 1890 could also be imposed inaddition thereto, if ward removed from jurisdiction of Court without prior approval--In viewadequate powers available with executing Court to implement order of Family Court--Thus inpresence of remedy available under Law i.e. Family Courts Act, 1964 and Guardian and WardsAct, 1890, not mandated this Court to exercise its jurisdiction under Article 199 of Constitution,extra ordinary in nature

Aminullah Mandokhail V. Government of Balochistan through Secretary Home and Tribal Affairs Department and 4 others,

Citation: PLJ 2018 Quetta 118

Case No: C.P. No. 962 of 2017

Judgment Date: 29/09/2017

Jurisdiction: Balochistan High Court

Judge: Justice Syeda Tahira Safdar

Summary: Guardian and Wards Act, 1890 (VIII of 1890)------S. 25--Family Courts Act, 1964 S. 13--Custody of minor--Recovery of detainee--Execution ofdegree--Powers of Court--Jurisdiction--Validity--Though this provision mainly deals with decreepassed in terms of money, while petitioner applied for custody of minor, thus provisions ofGuardians and Wards Act, 1890 (Act 1890) shall have its application--Section 25 of Act 1890empower a Court to issue process for return of minor to guardian of his person--Executing Courtis fully empowered to execute order passed by a Court of competent jurisdiction--Petitioner mayapply executing Court by suggesting modes as provided by Law for redressal of his grievance,and also for implementation of decree--Petition disposed of.[Pp. 120 & 122] A & DCriminal Procedure Code, 1898 (V of 1898)------S. 100--Family Court Act, 1964, S. 13--Power to arrest award--Custody of minor--In additionall powers available under Section 100 Criminal Procedure Code (Cr.P.C) to a Magistrate, madeavailable to a Family Court for purpose. [P. 121] BGuardian and Wards Act, 1890 (VIII of 1890)------S. 44--Family Court Act, 1964--Constitution of Pakistan, 1973, Art. 199--Imposing ofpenalty--Jurisdiction--Powers of Court--Section 44 of Act 1890 could also be imposed inaddition thereto, if ward removed from jurisdiction of Court without prior approval--In viewadequate powers available with executing Court to implement order of Family Court--Thus inpresence of remedy available under Law i.e. Family Courts Act, 1964 and Guardian and WardsAct, 1890, not mandated this Court to exercise its jurisdiction under Article 199 of Constitution,extra ordinary in nature

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