2005 Y L R 2645

2005 Y L R 2645 [Lahore] Before Muhammad Jehangir Arshad, J KHUSHI MUHAMMADand others---Petitioners Versus NOOR BIBI and others---Respondents C.R. No. 130 of 2005/BWP, decided on 16th June, 2005. (a) Civil Procedure Code (V of 1908)--- ----O.XIV, R.1 & S. 99---Framing ofissues---Objection with regard to non-framing of issues---Proceduralirregularity, curability of---Objection with regard to non framing of issues,framing of wrong issues or placing a wrong onus of issues, should be raised atthe very early stage---In case no such objection was raised, same would bedeemed to have been abandoned or despite nonframing of issues, framing of wrong issues or wrong onus of issues, if theparties...

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Peshawar High Court directed NADRA to proceed with the nationality of 7 Afghan families

Peshawar High Court directed NADRA to proceed with the nationality of 7 Afghan families after following SOPs provided in the notification passed in 2017 A writ petition jointly filed by 7 families was heard by a division bench comprised of Justice Rooh ul Amin Khan and Justice Ishtiaq Ibrahim who decided to give nationality of Pakistan to the family on basis of their migration and residence on this land since time immemorial. Mian Muhibullah Kakakhel KLA Managing Partner & Saifullah Muhib Kakakhel Senior Partner, represented the petitioners. The lawyers argued that petitioners are residing in Pakistan since time immemorial, and their documented history proves their residence in...

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Citizenship ordered by Peshawar High Court for resident’s Afghan wife

PESHAWAR: The Peshawar High Court has ordered the interior ministry to grant Pakistan’s citizenship to a Pakistani man’s Afghan wife and process her case within three months. A bench consisting of Justice Roohul Amin Khan and Justice Ishtiaq Ibrahim accepted a petition filed by Pakistani national Mohammad Ilyas seeking the court’s orders to the interior ministry to grant Pakistani citizenship to her Afghan wife on the basis of the Pakistan Citizenship Act, 1951. It directed the interior secretary to process the grant of the Afghan woman’s citizenship within three months so that the petitioner should not face further inconvenience. The petitioner’s lawyer, Saifullah Muhib Kakakhel, said his...

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K-P govt urged to take steps against dengue

PESHAWAR:  An application was submitted to the Peshawar High Court (PHC) on Saturday requesting the court to direct the provincial government to take steps for eradication of dengue virus in the province. The application also pleaded the court for speedy hearing of the case related to government’s anti-dengue measures. The court was also requested to direct the government for carrying out anti-dengue spray in the province. The application has been submitted through Counsel Saifullah Muhib. The application read that the health department’s counsel in the previous cases has accepted that this year the dengue cases would increase and an outbreak situation is expected in the province. The...

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Peshawar High Court suspended transfer order of a Doctor serving in District Khyber to District Mohmand

A bench of Peshawar High Court suspended transfer order of a Doctor serving in District Khyber to District Mohmand. The petitioner was represented by Advocate Saifullah Muhib Kakakhel. The lawyer argued that the doctor was serving in Khyber District along with his wife who is a teacher in district khyber. He argued that the said transfer was against Spouse policy which clearly provides that spouses working in the same district should not be disturbed. He put forth that the transfer is being done in wake of COVID-19, whereby all inter district travelling has been banned. He said Service Tribunal is no actively working, therefore a writ petition was moved in this regard. The court after...

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Law students seek enrolment as apprentice

PESHAWAR: Students of the University of Peshawar law degree programme, who await the announcement of exam results, have moved the Peshawar High Court seeking orders to declare them eligible for enrolment as trainee lawyers or apprentices on the basis of course completion in line with a past practice. In the joint petition, 33 students of the Law College, University of Peshawar, also requested the court to declare the rules, which prohibit their enrollment on the basis of course completion, arbitrary and discriminatory. They pleaded that the court should declare the rules especially Rule 108-C of the Pakistan Legal Practitioners and Bar Council Rules, 1976, illegal and that it is not...

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Housing society rules challenged in Peshawar high court

PESHAWAR: Three businessmen have challenged the housing society rules in the province claiming the minimum 160 kanals land requirement for developing a housing scheme is discriminatory as that requirement is 100 kanals in other provinces. Petitioners Minhaj Ali, Irfan Ahmad and Aftab Ahmad, all from Nowshera area, have requested the court to declare discriminatory and illegal the KP Local Government (Site Development Scheme) Rules, 2015, wherein the minimum land required for developing a housing scheme is 160 kanals. The petitioners, who own the Khattak Allied Construction Company, have also challenged the demolition of their office in Jalozai area by an additional deputy commissioner....

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Peshawar High Court restrained local courts of Peshawar from taking any action against a senior citizen

A bench of Peshawar High Court restrained local courts of Peshawar from taking any action against a senior citizen aged 80 through a stay order. KLA Partner Saifullah Muhib Kakakhel represented the petitioner, Lehaz Ullah, an 80 years old citizen. The lawyer argued that petitioner was working as a power consultant for Askari 6 Housing Society, and was not paid for his services. He moved Civil Courts, Peshawar against Askari authorities for releasing of payment, however, they brought a counter claim against petitioner to harass him. While the case was pending he moved to Islamabad from Peshawar and due to his old age and health complications could not attend court hearings. While the case...

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Peshawar High Court granted stay on construction on a disputed commercial property in Kohat

A bench of Peshawar High Court granted stay on construction on a disputed commercial property in Kohat. KLA Partner Saifullah Muhib Kakakhel represented the petitioner and argued that the commercial plot which is being developed intona commercial building is a joint ownership of petitioner and his step brother. The lawyer further argued that the construction is being done on the disputed land without any permission from local concerned bodies. The court after hearing arguments and going through the file granted a status quo order till final decision of the case. Daily Aj 21.04.2020

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Natural Resources and rights of the producing province

An article on Division of Natural Resources and rights of the producing province in the same. The article is written in light of Natural Gas and the preference given to the producing province over the buying provinces as enshrined in Article 158 of constitution of Pakistan. The article in based on a writ petition filed by KLA Senior Partner Saifullah Muhib Kakakhel in Peshawar High Court for implementation of the Article 158 of the constitution of 1973 in letter and spirit. Daily Aj 03.04.2020

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PTI’s unhealthy habit of legislating through ordinances

On January 30, the Khyber-Pakhtunkhwa (K-P) Bar Council conditionally called off a 23 day long strike being held in protest against an amendment to the Civil Procedure Code 1908 along with the enactment of a provincial anti-narcotics law.  The strike was called off after the government deferred the proposed amendment through the K-P Civil Law Amendment Ordinance, 2020 till April 15. This decision, albeit a welcome one for the lawyers, should be enough to cause alarm for those who hold the parliamentary process in high esteem. One such individual who is concerned at the government’s constant promulgation of ordinances is Member National Assembly (MNA) Barrister Mohsin Nawaz Ranjha who...

Aurat March: A historical and legal perspective

Pakistani activists take part in a rally to mark International Women's Day on March 8, 2018. PHOTO: GETTY International women’s day and by extension, the Aurat March can trace its history to a parade held on March 3, 1913 when 5000 women marched from United State Capitol towards the Treasury Building in Washington DC to fight for the right to vote. The parade itself was spearheaded by Alice Paul under the banner of the National American Woman Suffrage Association. At the time, the behaviour of the men spectating the march  was extremely unruly who continually tripped and grabbed the protesters and jeered at them while they proceeded through the streets and the police did little to stop the...

The Murder of Innocence : Sexual Abuse of Children

Sexual abuse of children has been an ever-rising issue yet it is largely kept in stealth. The developed countries have had their war against it, now is the time for the developing countries to wage war against this menace. The most significant achievement against it was by The Boston Globe’s editor, Marty Boron, who assigned a team of investigative journalists to bring the culprits to justice. Powerful clerics like John Geoghan and other unfrocked pedophile priests of American Clergy were accused of sexually assaulting around 80 boys. However, in recent times, media and other pillars of the state, in developing countries like Pakistan seem to have initiated their own crusade against it....

Undoing a federation : Undoing 18th Amendment of the Constitution of Pakistan

MAY 12, 2020 Recent developments regarding undoing the 18th Amendment of the Constitution have stirred up a debate between the government and the opposition and caused disturbance among those governed. This is no ordinary question but is something about the long due autonomy to the provinces which was taken away by use of an iron hand by the military dictators, wanting a one-man show in the country. The questions regarding who will benefit from undoing the amendment remains unanswered and a silence prevails over the fact that it is not the provinces they want to clip wings of independent people who should decide who and how to be governed. Federations are formed by independent countries,...

E-courts — a necessity

MAY 2, 2020 E-courts are in action throughout the world to modernise the manual legal system which is time consuming and ineffective for rising numbers of cases. It is purposed to facilitate and protect both litigants and legal practitioners, saving their time health and resources. Due to a backlog of cases and partial closure of courts due to spread of COVID-19 it has become a necessity in Pakistan to offer e-courts facility to public. While some high courts like the Peshawar High Court remain open in totality, others are either closed completely like the Lahore High Court or hearing emergency matters only. However, district judiciary, including family courts, anti-narcotics courts and...

A Case for Liberating Prisoners

APRIL 1, 2020 Every person is presumed to be innocent until proven guilty beyond any shadow of doubt, however, 48,008 under trial prisoners in Pakistan are rotting behind the bars from years and at present times exposed to the COVID-19 epidemic, even though their innocence or guilt is yet to be ascertained. Many a times the prosecution fails to prove charges even after the accused has completed term of sentence provided for an offence or die. Blackstone’s ratio of criminal law says, “It is better that ten guilty persons escape than that one innocent suffers.” COVID-19 catastrophe calls for self-Quarantine, isolation and social distancing to subjects of all 198 affected countries. Hostels...

The fizzers of reference against Justice Seth

MARCH 4, 2020 The government intends to file a reference against Justice Waqar Ahmad Seth to the Supreme Judicial Council, for being ‘mentally unfit and incompetent’, said Federal Law Minister Farogh Naseem. Justice Seth who is author of the judgment of the Special Court’s decision convicting former military ruler of Pakistan, General Retired Pervez Musharraf guilty of High Treason and sentenced him to death under Article 6 of the constitution. The ruling had a hot and cold reaction from the masses, However, Paragraph 66 created dismay amongst the high ranks of government and made subject to unrelenting criticism. Paragraph 66 of the verdict says: “we direct the Law Enforcement Agencies to...

Constitutional fraud: of the few, by the few and for the few

Constitutional fraud: of the few, by the few and for the few FEBRUARY 9, 2020 Khyber Pakhtunkhwa Bar Council conditionally called off a 23-days-long strike throughout the province against the amendment in Civil Procedure Code on January 30, 2020, when the government, through Khyber Pakhtunkhwa Civil Law Amendment Ordinance, 2020, had pigeonholed the amendments till April 15, 2020. However, it seems that the lawyers were given a wide berth by the PTI government; convincing them to give in most of their demands by fulfilling only one: deferring the commencement date. Even though the amendment was welcomed, the passing of an Ordinance by the governor once again raised eyebrows. There are...

Threatened Brotherhood of Provinces

“Injustice anywhere is a threat to justice everywhere. We are caught in an inescapable network of mutuality, tied in a single garment of destiny. Whatever affects one directly, affects all indirectly.” Said Marin Luther King Jr. Recently, due to rise of prices of flour in Punjab, Chief Minister Usman Buzdar, in violation of Article 151 3(a) banned flour supply to Khyber Pakhtunkhwa, which was left with 5 days’ supply of it as per the vendors; which was considered an insult by those lightening peoples’ houses and gas stoves throughout Pakistan. Nationalist leaders including Awami National Party’s Provincial President Aimal Wali criticized the act saying “if Punjab has a superior right over...

Accountability of the Accountability Judge

After its formation on October 24, 1945, the UN adopted a resolution namely “Basic Principles of Independence of Judiciary, 1985,” which obligated the member states to incorporate the provisions of the resolution in their domestic laws or constitutions and all the governments and other institutions shall observe and respect it. It guided that judges shall give decisions impartially, fairly and without getting influenced by any party. After decades, the UN Convention against Corruption, 2005 (hereinafter called, UNCAC) was passed, and Pakistan was one of its signatories. UNCAC categorically mentioned that there was corruption in higher as well as subordinate judiciary of Pakistan. It also...



Accused in a murder case was granted bail by a bench of Peshawar High Court. The bench was assisted by KLA Partner Saifullah Muhib Kakakhel advocate who argued on behalf of the accused at length on various discrepancies and law on the subject.

Daily Mashriq 23.09.2020.
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Child recovered after 7 months through orders of Peshawar High Court and handed over to his mother. The court was assisted by KLA Senior Partner Saifullah Muhib Kakakhel on this issue.

Daily 92 News 23.09.2020.
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KLA Partner Mehwish Muhib Kakakhel shared view with Voice Of America on how women are used in criminal offences and the aftermath of criminal charges against them. ... See MoreSee Less

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KLA Partner Mehwish Muhib Kakakhel shared her expertise on harassment and cyber crimes against women and the procedure to undergo incase a woman is victimised. ... See MoreSee Less

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خواتین جنسی ہراسانی سے کیسے بچیں؟ ... See MoreSee Less

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