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Wife has to prove the list of Dowry Articles

PLJ 2018 Peshawar 104 Present :  Lal  Jan  Khattak , J. Mst .  RAHAT YASMEEN--Petitioner versus ALAM KHAN and 2 others--Respondents W.P. No. 3467-P of 2015, decided on 28.11.2016. Muslim Family Laws Ordinance, 1961 (VIII of 1961)-- ----Ss. 8, 9 & 10--Constitution of  Pakistan , 1973, Art. 199--Suit for dissolution of marriage, dowry articles & maintenance filed by wife, partially decreed by Family Court--Dismissal of Appeal by District Judge--Concurrent findings of fact--Challenge to--Maintainability--Held that wife in support of her case appeared as witness before family Court but could not produce any worthy reliable and confidence aspiring evidence, which could support her claim relating to dowry articles--Wife produced a list showing dowry articles but said list cannot be relied upon for safe administration of justice for its being only a typed document having been prepared on day when suit was instituted--Wife neither produced a...

Temporary and Permanent Residences both are considered dwelling places

PLJ 2018  Lahore  606 Present :  Muhammad Sajid Mehmood Sethi, J. SAJIDA BIBI and others--Petitioners versus ADDITIONAL DISTRICT JUDGE & others--Respondents W.P. No. 29052 of 2016, decided on 9.11.2017. Constitution of  Pakistan , 1973-- ----Art. 199--Constitutional Petition--Muslim Family Laws Ordinance, 1961--Article 9, 10--Suit for recovery of maintenance allowance and gold ornaments--Partly decreed--Appeal--Allowed--Suit was dismissed with cost Territorial Jurisdiction--Challenge to--Where a person has a permanent dwelling at one place and also has temporary residence at another place, he shall be deemed to reside at both places in respect of any cause of action arising at place where he has such temporary residence.                                      ...

Application for recruitment and appointed as Driver constable

PLJ 2018 Tr.C. (Services) 147 [Punjab Service Tribunal,  Lahore ] Present :  Justice (R)  Shoaib   Saeed , Chairman Malik   MEHMOD NAWAZ--Appellant versus CCPO, LAHORE etc.--Respondents Appeal No. 108 of 2017, decided on 25.9.2017. Punjab  Service Tribunal Act 1974-- ----S. 4--Punjab Civil Servants (E&D) Rules, 1999, R. 4--Punjab Civil Servants (ACS) Rules, 1974--Civil servant was appointed as cook on family claim basis--Application for recruitment and appointed as Driver constable--Appointment order was withdrawn--Question of--Whether initial appointment of civil servant is hit by judgment of Supreme Court reported as 2015 SCMR 456 nullifying out of turn promotions--Civil Servant contended that department, by misinterpreting judgment of Supreme Court of Pakistan declared subsequent appointment of as illegal, due to change of cadre, which is liable to be interfered with--Validity--Tribunal held that pith and substance of judgment of Supr...

No ocular account and medical opinion alongwith pictures

PLJ 2018 Cr.C. 664 [Islamabad High Court, Islamabad] Present :  Aamer Farooq, J. STATE--Petitioner versus MAHEEN ZAFAR and another--Respondents Crl. Org. No. 01 of 2017, decided on 17.4.2018. Pakistan Penal Code, 1860 (XLV of 1860)-- ----Ss. 342, 506, 328-A, 201, 337A(i), 337-F(1) & 34--Maid servant--Minor Child--Injured by accused--FIR--No ocular account and medical opinion alongwith pictures--Possibility of injuries being accidental--Appreciation of evidence--Charged for willfully assaulting, ill-treating, neglected, abandoned harmed and injured minor--Pictures taken and exhibited in evidence seriously cast doubt to such version, hence, evidence in question is circumstantial which is always recorded as weak in nature. However, there are various pronouncements that conviction can also be based on circumstantial evidence if it is consists a continuous chain without any missing link--In view of the above facts and evidence, the case of the prosecution is based on...