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Showing posts with the label Best Family Lawyer Islamabad

Ingredients of Valid Gift

  PLJ 2023 Lahore (Note) 108 Present :  Ch. Muhammad Iqbal , J. Mst.  RASOOLAN BIBI--Petitioner versus PROVINCE OF PUNJAB through District Collector--Respondents C.R. No. 24767 of 2017, heard on 12.4.2023. Specific Relief Act, 1877 (I of 1877)-- ----S. 42--Qanun-e-Shahadat Order, 1984, Arts. 17 & 79--Suit for declaration--Dismissal of--Concurrent findings--Entitlement for inheritation--Oral gift mutation by defendants--Depriving of daughters from their inheritance share--Non-compliance of mandatory provisions of law--Neither attesting witnesses of oral gift mutation in question nor Revenue Officers who entered gift mutation were produced in evidence to prove alleged oral gift mutation-- It is mandatory for beneficiary respondents to produce requisite number of witnesses of very oral gift transaction as well as gift mutation--Non-compliance of mandatory provisions of law which is considered fatal for case of respondents--Respondents tried to deprive petitioner from her...

Complaint before ombudsperson during pendency of suit

  PLJ 2023 Lahore 307 Present :  Asim Hafeez, J. ALI AHMAD, etc.--Petitioners versus OFFICE OF THE OMBUDSPERSON (MOHTASIB) PUNJAB, etc.--Respondents W.P. No. 63956 of 2021, decided on 19.1.2022. Punjab Enforcement of Women’s Property Rights Act, 2021 (X of 2021)-- ----Ss. 7 & 7(3), (5)--Constitution of Pakistan, 1973, Art. 199--Complaint before ombudsperson during pendency of suit--Legality of order of ombudsperson--Statutory requirements--Challenge to--Respondent No. 1, without adhering to requirement(s) of filling report in Court, in which case is pending, making recommendations accordingly and waiting for permission of Court to take further proceedings, summarily proceeded to decide matter, which significant lapses, in context of sub-section (3) of Section 7 of act, manifest failure to adopt and adhere to prescribed statutory requirements--Respondent No. 1 erroneously ignored factum of proceedings pending in Court, and upon deciding matter linked its implementation with...

PLJ 2013 Peshawar 152 (DB)

PLJ 2013  Peshawar  152 (DB) Present:  Mian   Fasih-ul-Mulk  and  Rooh-ul-Amin , JJ. Mst . SHAMIM AKHTAR--Petitioner versus ABDUR RAFIQ and 2 others--Respondents W.P. No. 1070 of 2011, decided on 16.10.2012. Constitution of  Pakistan , 1973-- ----Art. 199--Constitutional Petition--Non-performance of marital obligation being on her part--She was not entitled to maintenance allowance-- Khula --Allegation that husband was used to keep friendship with girls on phone and could not establish--Validity--When neither husband was an impotent man nor was cruel to wife and according to wife she was not ready to live with husband within limits of God because of developing extreme hatred against him, there was no other option for trial Court but to dissolve her marriage on basis of  khula .     [P. 54] A Constitution of  Pakistan , 1973-- ----Art. 199--Constitutional Petition--Wife herself conceded that she had ...