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NEWS

 

 

 

IN THE MEDIA

 

Singer-journalist couple sues car tracking company

PESHAWAR: Pashto singer Shakeela Naz and her spouse Mian Farooq Firaq, who is a journalist, have served legal notice on a car tracking system company and sought damages to the tune of one billion... PESHAWAR: Pashto singer Shakeela Naz and her spouse Mian Farooq Firaq, who is a journalist, have served legal notice on a car tracking system company and sought damages to the tune of one billion rupees for jamming their vehicle in a deserted place. The legal notice was served on the company, MegaTech, by Advocate Saifullah Muhib Kakakahel. It stated that despite giving prior information to the company to disconnect their vehicle’s tracking device as being its clients they were travelling to a...

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E-courts proposed in KP during Covid-19 outbreak

PESHAWAR: A senior lawyer has proposed the establishment of e-courts in the Peshawar High Court and district courts across the province for the disposal of cases during the outbreak of novel coronavirus (Covid-19). In a letter sent to PHC Chief Justice Waqar Ahmad Seth, Mian Muhibullah Kakakhel said e-courts would save lawyers, judges, litigants and court staff members from contracting the virus. He suggested the development of a mobile app and software for the production of scanned documents related to cases by lawyers and litigants, payment of court fee, and hearing into civil and criminal cases and bail pleas by video link. Lawyer writes to PHC CJ saying facility to benefit both...

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Contempt proceedings sought against health officials

PESHAWAR: A lawyer on Wednesday filed a contempt petition with the Peshawar High Court seeking action against the chief executive of the Khyber Pakhtunkhwa Health Care Commission and high-ups of the health department for not complying with the court’s orders to regulate the rates of laboratories and clinics. Petitioner Saifullah Muhib Kakakhel said following the outbreak of Covid-19, the high court judgment delivered on Nov 13, 2019, had assumed importance as the HCC and health department hadn’t complied with it regarding the fixation of rates for health facilities and bringing of uniformity in those rates. He had earlier filed a petition seeking the court’s orders for the HCC to regulate...

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View from the courtroom: Prison inmates vulnerable to Covid-19 pandemic

With continuous rise in the number of confirmed coronavirus cases, prisons across the country have become the focus of discussion as prisoners are vulnerable to the deadly virus. Different high courts in the country have adopted both judicial and administrative measures in a bid to reduce prison populations in their respective jurisdiction, while civil society groups have been campaigning for taking measures so as to release mostly under-trial prisoners specially those arrested in connection in petty nature cases. In the wake of Covid-19 pandemic two organisations working for the rights of prisoners – Justice Project Pakistan (JPP) and Group Development Pakistan (GDP) – have prepared a...

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Promotion of Medical Students

KLA Senior Partner Saifullah Muhib Kakakhel got promotion orders for students of 2nd professional and 3rd professional MBBS as there was dispute in the result of supplementary examination. Khyber Medical University revised the supplementary result and have passed some students by granting more than 16 marks whereas there was dispute of 26 marks in papers of Pharmacology and Pathology. The revised result has also been challenged on the ground of discrimination and students have prayed that they should also be declared passed by granting them compensatory marks.

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KLA Senior Partner Saifullah Muhib Kakakhel Advocate High Court sharing views on the Petition filed in Peshawar High Court to Free Prisoners to shed the population of inmates and to set free under trial prisoners, women, juveniles and those having health issues. He also sheds light on the number of inmates in prisons in KP and their status

https://www.youtube.com/watch?v=AEif6IFFmM4 KLA Senior Partner Saifullah Muhib Kakakhel Advocate High Court sharing views with Anchor Irfan Khan, Mashriq TV on the Petition filed in Peshawar High Court to Free Prisoners to shed the population of inmates and to set free under trial prisoners, women, juveniles and those having health issues. He also sheds light on the number of inmates in prisons in KP and their status.

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Husband ‘punished’ me for not making TikToks, woman claims in court – Maintenance of Minor & Wife

A woman filed a petition before a local family court in Peshawar on Tuesday against her husband for not giving her custody of their two minor sons and for not providing her maintenance. Filed through her counsels – Saifullah Muhib and Mehwish Muhib, the petitioner claimed that she is the third of four wives of the respondent. The petition further said that the respondent has 13 children, including five from first wife, five from his second wife, and three from her. The respondent has already divorced two women before marrying these four women, she said. The petitioner claimed that her husband provides maintenance to his other wives because they readily make TikTok videos with him. The...

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View From The Courtroom: Amid divisions on women’s rights, least thorny issues need to be addressed

The International Women’s Day was observed across the country amid clear divisions in the society over issues related to women. This division is even visible on government level, where some members of the federal cabinet including human rights minister Ms Shireen Mazari extended support to Aurat March 2020, whereas some others openly criticised organsiers of the said march in different parts of the country. Some of the experts believe that there are several women-related issues over which different schools of thought are in agreement and at least those issues should be addressed instead of outrightly turning down each other’s view point. One such issue is that of women’s right to...

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Bailiff told to recover family from police’s ‘illegal’ custody

PESHAWAR: A local court on Saturday directed a bailiff for the recovery of a family, including two women, allegedly kept in illegal detention by officials of Pahari Pura police station as a male member of the family married a girl against her parents’ wishes. Additional district and sessions judge Shehzad Akhundzada issued the order over a habeas corpus petition filed by a female member of the family, Yasmeen Riaz, who alleged that a couple and their son and daughter were taken away by officials of the Pahari Pura police station five days ago and their whereabouts hadn’t been known since then. The petitioner said a male member of the family, Arsalan, had married a girl and that the couple...

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PHC upholds conviction of militant

PESHAWAR: The Peshawar High Court has upheld the conviction of a militant by an assistant political agent for waging war against the state and attacking security forces. It, however, reduced the convict’s prison sentence from 28 years to 14 years. A bench consisting of Justice Qaiser Rasheed Khan and Justice Ijaz Anwar partially allowed appeal of the convict, Sahib Khan, who was sentenced by the APA in Kurram Agency, now Kurram tribal district, in 2017. It ruled that the benefit of Section 382-B of the Code of Criminal Procedure should be extended to him under which his period of detention prior to conviction should also be counted in his prison term. The court added that the sentences of...

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PUBLICATIONS

 

2011 C L C 1787

2011 C LC 1787 [Peshawar High Court] Before Syed Sajjad Hassan Shah, J SARDAR ALI SHAH and others----Petitioners Versus GHUFRAN ULLAH and others----Respondents Civil Revision No.93 of2008, decided on 1st December 2010. (a) Specific ReliefAct (I of 1877)--- ----Ss. 12 & 35---Suit for specific performanceof agreement to sell---Plaintiff filed suit with regard to area measuring 16Kanals, 10 Marlas, but Trial Court decreed suit to the extent of 5 Kanals and 8Marlas---Appellate Court modified the decree and added 9 Kanals and 4 Marlas tothe area as was decreed by the Trial Court and the plaintiff was directed todeposit a sum of Rs.75,000 in the court within a period of...

2012 C L C 185

2012 C LC 185 [Peshawar] Before Mazhar Alam Khan Miankhel and Azmat UllahMalik, JJ Mian MUHAMMAD ASLAM SHAH and others----Petitioners Versus ZAHIR SHAH and others----Respondents Writ Petition No.2757 of2009 decided on 13th September 2011. (a) Review--- ----Jurisdiction of review---Scope---Powers of review, if not available to a court or authority under the relevant law, could not be exercised as an inherent power under law ---Principle stated. The review is the jurisdiction to be exercised by a court/authority if the powers of review are available to suchcourt/authority under the relevant law, which cannot be exercised as an inherent power under the law. Once a court/ authority exercises...

2012 M L D 531

2012 M L D 531 [Peshawar] Before Mian Fasih-ul-Mulk, J TAJ MUHAMMAD and another---Petitioners Versus BAHADUR KHAN and others---Respondents Civil Revision No.403 of 2002, decided on 28th October 2011. Khyber Pakhtunkhwa Pre-emption Act (X of 1987)--- ----S.13---Making of Talbs---Plaintiffs claiming superior right of pre-emption on the basis of co-sharers, contiguity,amenities and appendages, filed suit for pre-emption---Suit was decreed by theTrial Court, but on appeal, Appellate Court below set aside judgment and decree of the Trial Court and dismissed the suits of the plaintiffs---Validity---Plaintiffs on gaining knowledge about the sale transaction of suit property in favour of the...

2012 P Cr. L J 63

2012 P Cr. L J 63 [Peshawar] Before Mian Fasih-ul-Mulk and Fazal-i-Haq Abbasi,JJ IRFAN SAEED and others---Appellants Versus THE STATE and others---Respondents Criminal Appeals Nos. 305 and 376 of 2010, decided on 27th September 2011. (a) Penal Code (XLVof 1860)--- ----Ss. 302(b) & 148---Qatl-e-amd---Appreciation of evidence---Report of the occurrence having been lodged by the complainant within 30 minutes ofthe occurrence, there was hardly any time for deliberation orconsultation---Statements of the complainant and other eye-witness wereconsistent on material points---Said eye-witnesses were further corroborated bythe medical evidence, motive and the abscondence of accused---Despite...

2011 C L C 1787

2011 C L C 1787 [Peshawar High Court] Before Syed Sajjad Hassan Shah, J SARDAR ALI SHAH and others----Petitioners Versus GHUFRAN ULLAH and others----Respondents Civil Revision No.93 of2008, decided on 1st December 2010. (a) Specific ReliefAct (I of 1877)--- ----Ss. 12 & 35---Suit for specific performanceof agreement to sell---Plaintiff filed suit with regard to area measuring 16Kanals, 10 Marlas, but Trial Court decreed suit to the extent of 5 Kanals and 8Marlas---Appellate Court modified the decree and added 9 Kanals and 4 Marlas tothe area as was decreed by the Trial Court and the plaintiff was directed todeposit a sum of Rs.75,000 in the court within a period of...

2012 C L C 185

2012 C L C 185 [Peshawar] Before Mazhar Alam Khan Miankhel and Azmat UllahMalik, JJ Mian MUHAMMAD ASLAM SHAH and others----Petitioners Versus ZAHIR SHAH and others----Respondents Writ Petition No.2757 of2009, decided on 13th September, 2011. (a) Review--- ----Jurisdiction ofreview---Scope---Powers of review, if not available to a court or authorityunder relevant law, could not be exercised as an inherent power under law ---Principle stated. Review is the jurisdiction to beexercised by a court/authority, if the powers of review are available to suchcourt/authority under the relevant law, which cannot be exercised as aninherent power under the law. Once a court/ authority exercises...

2010 Y L R 2400

2010 Y L R 2400 [Peshawar] Before AbdulAziz Kundi and Yahya Afridi, JJ MUHAMMAD RAHEEM and 2 others---Appellants Versus THE STATE and another---Respondents Criminal Appeal No.379 and Criminal Revision No. 171of 2008, decided on 20th May, 2010. (a) Penal Code(XLV of 1860)--- ----Ss. 302(b), 324, 337-E(iv), 337-F(iv), 427, 148 &149---Qatl-e-amd, attempt to commit qatl-e-amd and mischief---Appreciation ofevidence---Delay of 2 hours and 15 minutes in reporting the incident, had notbeen reasonably explained in the prosecution evidence---Doctor who conductedthe autopsy of the deceased, had stated during his cross-examination that thedead body of the deceased was brought by the Police---Said...

2009 Y L R 2497

2009 Y L R 2497 [Peshawar] Before Ejaz Afzal Khan and Abdul Aziz Kunehri, JJ MURAD ALI---Petitioner Versus ASSISTANT POLITICAL AGENT, LANDI KOTAL and 2others---Respondents Writ Petition No.2066 of 2009, decided on 15th September 2009. Frontier Crimes Regulation (III of 1901)--- ----S.40---Constitution of Pakistan (1973), Arts.199& 247(7)--- Constitutional petition---Administration of TribalAreas---Jurisdiction of Supreme Court and High Court---Petitioner had asked forthe issuance of an appropriate writ directing the authorities to set him freeon the grounds that he had been incarcerated under S.40 of Frontier CrimesRegulation, 1901 without any rhyme or reason and without there being...

2007 C L C 1661

2007 C L C 1661 [Peshawar] Before Ijaz-ul-Hassan Khan, J ABDUS SHAKOOR----Petitioner Versus MUHAMMAD ZAFAR ULLAH KHAN and others----Respondents Civil Revision No.1238 of' 2005, decided on 9th February 2007. Civil Procedure Code (V of 1908)--- ----O. XXVI, R.10(2)---PartitionAct (IV of 1893), S.2---Partition of property---Report of LocalCommissioner---Scope---Relying on report of Local Commissioner, Trial Courtpassed final decree, which was maintained by Appellate Court---Plea raised bypetitioner in revision was that suit house was not partitionable, courts belowdid not appreciate evidence on record in its true perspective and a defectivereport of Local Commissioner was considered and made...

2007 C L C 1661

2007 C L C 1661 [Peshawar] Before Ijaz-ul-Hassan Khan, J ABDUS SHAKOOR----Petitioner Versus MUHAMMAD ZAFAR ULLAH KHAN andothers----Respondents Civil Revision No.1238 of' 2005,decided on 9th February, 2007. Civil Procedure Code (V of 1908)--- ----O. XXVI, R.10(2)---PartitionAct (IV of 1893), S.2---Partition of property---Report of LocalCommissioner---Scope---Relying on report of Local Commissioner, Trial Courtpassed final decree, which was maintained by Appellate Court---Plea raised bypetitioner in revision was that suit house was not partitionable, courts belowdid not appreciate evidence on record in its true perspective and a defectivereport of Local Commissioner was considered and made...

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