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Declaratory decree can only be passed to the effect of a pre-existing right: Lahore High Court
Ahmad and another—Petitioner Versus Manzoor Ahmad—Respondent (Civil Revision No.1611 of 2015), Date of hearing: 31.05.2022. Before: HON’BLE JUDGE SHAHID BILAL HASSAN, J. –that declaratory decree can only be passed to the effect of a pre-existing right which is being denied by some person–the respondent based his claim on an oral agreement–alleged oral agreement are not … Read more
Whether complainant can act as an investigation officer ?
Discussed Laws: Penal Code 1860 S.269, S.270, S.337-J, Criminal Procedure Code 1898 S.103, Constitution of Pakistan Art. 10-A, Qanun-e-Shahadat order1984 ,Art. 129(g) Negligent act likely to spread infection of disease dangerous to life—Malignant act likely to spread infection of disease dangerous to life—Causing hurt by mean of a poison—Search to be made in presence of … Read more
The Attorney-General for Pakistan is a constitutional post and it cannot be left vacant : SC Pakistan
Discussed Law: Constitution of Pakistan Art. 100 (Attorney-General for Pakistan). The title of this article was taken from para 3 of the case, Federation of Pakistan through Ministry of Defense—Appellant versus Mrs. Ajmal Samia (decd) through L.Rs. and others—Respondents (Civil Appeal No.1621 of 2017 and C.R.P.50/2017 in C.M.A.5782/2016 in C.A.1621/2017 and C.M.A.1451/2017 in C.A.1621/2017 and … Read more
If the notice sent by authority can be contested in a writ petition and whether the armed forces are excluded from deducting withholding tax?
Discussed Laws: Income Tax Ordinance 2001 S.49(Federal Governments, Provincial Government and Local Government), 161(Failure to pay tax collected or deducted) (1A), 205(Default surcharge). According to the Honourable Islamabad High Court in the case, M/s Askari Bank Limited Vs. Federation of Pakistan etc (W.P. No.1154-2017), has stated in Para 12 that: —impugned notices are not subject … Read more
Does a bank need to grant power of attorney prior to filing a lawsuit?
Discussed Laws: The Financial Institutions (Recovery of Finances) Ordinance 2001, S.9(Procedure of Banking Courts), S.22(Appeal). The Honourable Court noted in the case, Abdul Haq Khan and another —Appellants Versus Bank Of Punjab and another—Respondents (R.F.A No. 11 of 2022 ) Lahore (Bahawalpur Bench), has stated in para 12 that: — Bank failed to produce any … Read more
What are the classes of heirs recognized by Islamic law?
Discussed Law: Islamic Law The Honourable Court noted in the case Mumtaz Bibi & others VERSUS Public at Large & others (C.R. No.471 of 2019) Lahore, has stated in para 10 that: there are three classes of heirs namely 1. Sharers, 2. Residuaries, and 3. Distant Kindred. “Sharers” are those who are entitled to a … Read more