Summary: Summary pending.

Summary: Summary pending.

Summary: PLJ 2008 FSC 7 [Appellate Jurisdiction] Present Dr Fida Muhammad Khan Salahuddin Mirza JJ JODAT KAMRAN and 10 others - - Appellants versus STATE - - Respondent Crl A Nos 80I 94L of 2006 decided on 2342007 Offence of Zina (Enforcement of Hudood) Ordinance 1979 (VII of 1979) - - - - - - Ss 10 11 - - Pakistan Penal Code (XLV of 1860) Ss 420 466 468 471 - - Appreciation of evidence - - Charge of forgery and fraud - - Conviction and sentence - - Challenge to - - Abduction and zina - bil - jabr - - Nikah - - Medical evidence of pregnancy - - Legitimate offspring - - Second marriage during subsistance first marriage is void and illegal - - Charges of abduction of commission of zina or zina - bil - jabr and of committing forgery and fraud cannot be sustained - - A valid marriage had taken place between accused and abductee - - A child was admitted born after the passage of six months from the date of marriage - - Held Child is the legitimate offspring of the couple - - Child is the legitimate offspring of the couple and it is a great cruelty both to the child as well as to her mother that the child should be kept away from the loving care of the mother - - Victim has been forcibly married to someone in meanwhile - - Such second marriage of abductee during the subsistence of first marriage is obviously void and illegal - - The proper forum to agitate these points is however the Family Court and Federal Shariat Court feel helpless to take any action in this regards - - Appeals accepted [P 20] C D E F PLD 1995 Pesh 124 rel Abduction - - - - - - Not established - - When a girl was taken from place to place and kept in abadi but still raised no hue and cry and kept quiet it means that she had gone with the accused with her free will and charge of abduction was therefore not established [P 15] A Nikah - - - - - - Registration of nikah - - Registration of nikah is not compulsory either under the Sharia or under the Muslim Family Laws Ordinance [P 20] B PLD 1981 FSC 38 Mr Saliheen Mughal Advocate for Appellant (in Crl Appeal No 80I of 2006) Sardar Muhammad Tariq Dreshak Advocate for Appellants (in Crl A No 94L of 2006) Mehr Sardar Ahmad Abid Advocate for StateJudgement Result:Appeals accepted

Summary: PLJ 2008 Lahore 810 Present Syed Hamid Ali Shah J MUHAMMAD ASLAM LONE - - Petitioner versus ADDITIONAL DISTRICT JUDGE GUJRANWALA and 10 others - - Respondents WP No 21251 of 2001 decided on 652008 Civil Procedure Code 1908 (V of 1908) - - - - Ss 12 (2) 152 OXX R 3 - - Constitution of Pakistan 1973 Art 199 - - Constitutional petition - - Validity of sale - - Land was saled twice - - Agreement to sell through registered sale - deed - - Any other land of vendor was included in transaction of sale to vendee - - Second vendee was assailed through suit for declaration which was decreed by trial Court - - Revision against concurrent findings was dismissed - - Respondents filed an application uS 152 CPC seeking amendment in decree sheet by addition of land which was allowed - - Assailed order of trial Court uS 12 (2) of CPC - - Revision was accepted - - Challenged through Constitutional petition - - Validity - - Principle of finality is attached to a judgment - - Held A judgment once pronounced cannot be altered as envisaged in Order XX Rule 3 CPC - - Court is rendered functus officio after pronouncement of decree - - There were two exceptions to it namely review or correction of arithmetical and clerical mistake in the judgment - - Constitutional petition assailing order of Court passed in its revisional jurisdiction is not convincing - - Petition was accepted [P 814] A Civil Procedure Code 1908 (V of 1908) - - - - S 152 - - Constitution of Pakistan 1973 Art 199 - - Constitutional petition - - Land was saled twice - - Agreement to sell through registered sale - deed - - Application uS 152 CPC seeking amendment in decree sheet by addition of land - - Application was accepted - - Assailed - - Question of - - Maintainability - - Scope of - - Restricted to mistake the judgment decree and order which was accidental or omission - - Validity - - Non - inclusion of khasra in - question is neither arithmetical mistake nor an error arising from accidental slip or omission - - Held No hesitation to hold that questions involved are contentious its decision depends upon arguable questions of law construction of documents determination of right - - Provisions of S 152 CPC are not attracted and Appellate Court has erroneously extended its jurisdiction - - Revisional jurisdiction was not coninvcing - - Petition was accepted [P 814] B PLJ 2003 SC 697 PLD 1992 L261 1993 CLC 1257 AIR 1957 408 1920 Nagpur 92 AIR 1925 Nagpur 274 ref Mr Ijaz Feroz Advocate for Petitioner Mr Muhammad Shahzad Shaukat Advocate for RespondentJudgement Result:Petition accepted.

Summary: PLJ 2008 SC 285 [Original Jurisdiction] Present Abdul Hameed Dogar HCJ Muhammad Moosa K Leghari Ch Ejaz Yousaf JJ SUO MOTO CASE NO 21 OF 2007 CMA No 3034 of 2007 Suo Moto Case No 21 of 2007 decided on 212008 (Clash of Lawyers media persons and members of the Civil Society with policeLaw enforcing agencies outside Supreme Court Building in front of Election Commission of Pakistan on 2992007) Government Servants (Efficiency and Discipline) Rules 1973 - - - - - - Art 5 (1) - - Removal from Service (Special Powers) Ordinance 2000 - - S 4 - - Suo Moto action by Chief Justice of Pakistan - - Serious clash took place between Lawyers media persons and members of Civil Society with police contingent law enforcing agencies when they intended to lodge protest - - Lawyers and media persons were allegedly beaten up and injured - - Chief Justice who issued suo moto notice to Secretary Interior Inspector General of Police - - Secretary Interior was directed to place IG SSP and Deputy Commissioner under suspension - - Forced leave or suspension beyond a period of three months again requires approval of authority - - Held Government servant who has been placed under suspension or forced to proceed on leave would be deemed to have been reinstated unless before the expiry of the period the approval of the authority to the Government servant continuing to be under suspension or on leave has been obtained - - Since no such approval of the competent authority was obtained in the present case - - Suspension order cannot continue any further - - CMA disposed of [P 288] A Mr Mujeeb - ur - Rehman ASC and Ch Akhtar Ali AOR for Applicants Raja M Bashir ASC for (Muhammad Ali De) Malik Muhammad Qayyum Attorney General for Pakistan Ms Nahida Mehboob Ellahi DAG Qazi M Amin Addl AG Punjab Raja Saeed Akram AAG Punjab and Ms Viqar - un - Zeb Js Mo Interior on Court noticeJudgement Result:0

Summary: Summary pending.

Summary: Summary pending.

Summary: Summary pending.

Summary: Summary pending.

Summary: Summary pending.