Episode#43 of Weekly Case Law Bulletin, Roundup of Important Supreme Court & High Courts Judgments скачать в хорошем качестве

Episode#43 of Weekly Case Law Bulletin, Roundup of Important Supreme Court & High Courts Judgments

Episode #43 of Weekly Case Law Bulletin will cover the following judgements: (The link for each judgement is provided below for ready reference) (00:00) 1. Issue: Whether Capital Development Authority (CDA) has power to accord any permission for change of status or use of property in breach of Master Plan of Islamabad? (00:15) Bench: Mr. Justice Syed Mansoor Ali Shah, Mr. Justice Amin-ud-Din Khan Court: Supreme Court of Pakistan Case Title: Raja Zahoor Ahmed etc v. Capital Development Authority through its Chairman, etc. (In all cases) Case Number: Civil Petitions No.3347 to 3351, 4229 and 4263 of 2021. Judgment Link: https://www.supremecourt.gov.pk/downl... Conclusion: CDA has no discretionary power to give effect to any scheme or accord any permission for change of status or use of property in breach of the Master Plan of Islamabad. 2. Issue: 1) In what scenario can a wife claim maintenance from husband? (02:00) 2)When can khula or dissolution on ground of cruelty be sought? Bench: Kh. Muhammad Nasim, Raza Ali Khan, JJ Court: Supreme Court (AJ&K) Case Title: Aliya Jabeen versus Muhammad Ashfaq Case Citation: 2022 CLC 1253 Case Number: Civil Appeal no.184 of 2020 Conclusion: 1) According to various judgments, such as 2002 CLC 1450, a wife is only entitled to maintenance as long as she obeys her husband and stays with him. 2)The question of khula is a pure question of law that can be raised at any stage of the proceedings and the court can decide it on the basis of evidence. Where the appellant could not prove cruelty to her, but had clearly stated that she did not want to stay with her husband, she could not state that she did not want khula. 3. Issue: What are the conditions for a permanent injunction? (03:40) Bench: Adnan-ul-Karim Memon, J Court: Sindh (Hyderabad Bench) Case Title: Abdul Wahid Jahejo versus Punhoon Case Number: Civil Revision Application No.S-56 of 2015 Case Citation: 2022 CLC 1386 Conclusion: The three conditions for the grant of a permanent injunction were a prima facie case, balance of convenience, and irreparable loss. 4. Issue: i) Whether proceedings under Section 133 Cr.P.C. can be carried out even if the public right of way in question is not officially sanctioned yet existent and used by the public in general? (05:29) ii) Whether the dedication of the way for the use of public at large is necessary by the owner in joint khata? iii) What is the purpose of insertion of Section 133 in Cr.P.C? Bench: Mr. Justice Muhammad Shan Gul Court: Lahore High Court Case Title: Ghulam Siddique v. Addl. Sessions Judge, etc. Case Number: Writ Petition No.18344 of 2019. Judgment Link: https://sys.lhc.gov.pk/appjudgments/2... Conclusion: i) Proceedings under Section 133 Cr.P.C. can be carried out even if the public right of way in question is not officially sanctioned yet existent and used by the public in general. ii) There is no question about any dedication of the owner because in a common/joint khata each co-sharer is considered as an owner in possession. The co-sharers can permit the use of the thoroughfare by conduct... iii) The purpose is to ascertain the existence of nuisance and not the nature of land or property over which right of way is claimed. 5. Issue: Question was with regard to Revised Policy with regard to allotment of plots to Judges of Supreme Court and High Court in Federal Government Employees Housing Schemes.(07:25) Bench: Athar Minallah CJ and Mohsin Akhtar Kayani J Court: Islamabad High Court Case Title: Federal Government Employees Housing Foundation and another v. Ednan Syed and 10 others Case Number: I.C.A No. 527 in W.P No. 2233 of 2016 Case Citation: PLD 2022 Islamabad 273 Conclusion: Division Bench of High Court declared revised policy in question as illegal, unconstitutional and void. Intra Court Appeal was dismissed. 6. Issue: i) Whether court may pass judgment on admission of gift by donor? (08:37) ii) Whether civil court can declare a person as “mentally disordered person”? Bench: Mr. Justice Shahid Bilal Hassan Court: Lahore High Court Case Title: Mst. Shahnaz Shafiq and 2 others v. Mst. Gulnar Khalid and 4 others Case Number: Civil Revision No.19610 of 2021 Judgment Link: https://sys.lhc.gov.pk/appjudgments/2... 7. Issue: On expiry of CNIC, the plaintiff approached the Authority for renewal, which was refused on the ground that her CNIC had been blocked. (09:50) Bench: Abdul Hameed Baloch J Court: Balochistan High court Case Title: Fatima v. National Database and Registration Authority through Director General Case Number: Civil Revision No.229 of 2017 Case Citation: PLD 2022 Balochistan 73 #Qanoondan #CourtingTheLaw #WeeklyCaseLawBulletin