fbpx

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...

read more

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...

read more

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...

read more

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...

read more

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...

read more

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...

read more

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...

read more

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...

read more

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...

read more

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...

read more

P L D 2006 Peshawar 176

P L D 2006 Peshawar 176 BeforeIjaz-ul-Hassan Khan and Muhammad Raza Khan, JJ MAQSOOD AKBAR---Appellant Versus THE STATE---Respondent Criminal Appeal No.64 of 2006, decided on 11th May,2006. Control of Narcotic Substances Act (XXV of1997)--- ----Ss. 9(c) & 25---Appreciation ofevidence---Both complainant and prosecution witness had supported recovery of1900 grams of opium from possession of accused at the given date, time andplace---Both said witnesses had demonstrated complete unanimity on materialpoints and accused had failed to point out any discrepancy in theirstatements---Contradictions highlighted by accused were so minor that on thebasis of those, it could not be said that trial...

read more

2006 P Cr. L J 998

2006 P Cr. L J 998 [Peshawar] Before TalaatQayum Qureshi and Ijaz-ul-Hassan Khan, JJ ISMAIL----Appellant Versus THE STATE and another----Respondents Criminal Appeal No.937 of 2004, decided on 7thFebruary, 2006. (a) Penal Code (XLV of 1860)--- ----S. 302(b)---Appreciation of evidence---Matter wasreported to the police with promptitude which had ruled out element offabrication---Oral testimony of complainant and his son remained sufficientlyconsistent---No material discrepancy could be brought on record during fairlylengthy cross-examination---Testimony was fully supported by Medico-legal andpost-mortem report in addition to the recovery of blood stained earth, bloodstained stick, spade and...

read more
The ironic world

The ironic world

The Kakakhel Law Associates is the best law firm in Pakistan. They ought to be the best in various manners. They are explicit in their manners promoting and justifying rules at its best.  Their ideas are represented in their actions. They ensure good work and prosperity of the nation in their conduct and fundamental views. They are highly equipped with all the details of their respective field. They acquire a complete knowledge of what is going on now and then.  They believe in change, but they do not give it all away. The main idea is to maintain justice and prevail it  in society . The Kakakhels discuss the importance of laws and their implementation as their utmost priority but they do...

read more
Being staunch with Social Justice

Being staunch with Social Justice

Be staunch in justice, witnesses for Allah, even though it be against yourselves or your parents or your kindred, whether the case of a rich or poor man, for Allah is nearer unto both. So, follow the truth over passion. Social injustice’ is the perceived unfairness of a society in its divisions of rewards and burdens. Social justice arrives when there is an unequal distribution of wealth and other resources. A welfare state acquires equal distribution of wealth and resources. If we look at the United Nations Declaration on Human Rights, we can see that it resembles the last sermon of the Holy Prophet PBUH. The emphasis is put on the weak and social justice is preferred for the people. Are...

read more
Making you believe in justice

Making you believe in justice

Why do we believe in law? We believe in law because it provides us with justice. What justice does it give you? Equality equity and harmony prevail in a society when it has laws. It is difficult for a society to prevail without laws or its enforcement. We listen to people whining over the media channels that there is no justice for the poor. In some cases, or sometime before it was the case in Pakistan, and for so many reasons we didn’t pay any heed towards it. But the question arises is that are we ready for justice?  When it comes to reporting cybercrimes or other crimes like a hit and run, harassment or our consumer rights, are we concerned with it are we acting as responsible citizens....

read more
A Step ahead with Justice

A Step ahead with Justice

WE must not be afraid of anything. It is essential for us to remain determined in our convictions. There is a great deal of hypocrisy, injustice, and foul play in the world, it is absurd to give us away by getting dominated by such acts. It will only cause us unhappiness. The Supreme law of Allah is without any falsehood. Therefore, one should devote itself to Him as He is the wisest possible existence. Aristotle says that knowledge is virtue and virtue is justice. He proved the idea through experiences. The truth turned into good experiences whereas, the false became bad experiences. The one who follows virtue will do justice to the society. The Kakakhel Law Associates firmly believe in...

read more

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...

read more

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...

read more

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....

read more

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,...

read more