Monday, 7 September 2015
International Lawyer: Two sisters cannot be married to one man at the sa...
International Lawyer: Two sisters cannot be married to one man at the sa...: PLJ 2012 Islamabad 140 Present: Shaukat Aziz Siddiqui , J. Mst . ADEELA BIBI and another--Petitioners versus STATE and 4 othe...
Jurisdiction of Suit for recovery of dower amount
International Lawyer: Jurisdiction of Suit for recovery of dower amount: PLJ 2012 Sh.C. (AJ&K) 14 Present: Iftikhar Hussain Butt, J. FEHMIDA HAIDER--Appellant versus TASADDAQ ABBAS SHAH--Respondent C.A. No. 8...
Thursday, 6 August 2015
Dismissal of Suit under Order 17 Rule 3 of CPC is Revisionable
When plaintiff fails to produce evidence in the court after given proper
opportunity to be heard the suit of plaintiff is dismissed under order
17 rule 3 of Code of Civil Procedure 1908. This dismissal can be done by
a court in the presence or absence of the plaintiff.
When a suit is dismissed on the non production of evidence, it cannot be
restored by the court dismissing it. There is no appeal against the
dismissal of same order by the court. The only remedy against such
dismissal order is revision which is filed in the appellate court.
Revision is filed under section 115 of the Code of Civil Procedure. In
revision to such dismissal the appellate court has powers to either
dismiss the revision or accept the same. When revision petition is
accepted the suit is restored and plaintiff is given opportunity to
provide evidence in the court accordingly.
If you have any query related to any suit you can contact internationallawyerinfo@gmail.com
Regards,
Salman Yousaf Khan (Golra)
International Lawyer
+92-333-5339880
opportunity to be heard the suit of plaintiff is dismissed under order
17 rule 3 of Code of Civil Procedure 1908. This dismissal can be done by
a court in the presence or absence of the plaintiff.
When a suit is dismissed on the non production of evidence, it cannot be
restored by the court dismissing it. There is no appeal against the
dismissal of same order by the court. The only remedy against such
dismissal order is revision which is filed in the appellate court.
Revision is filed under section 115 of the Code of Civil Procedure. In
revision to such dismissal the appellate court has powers to either
dismiss the revision or accept the same. When revision petition is
accepted the suit is restored and plaintiff is given opportunity to
provide evidence in the court accordingly.
If you have any query related to any suit you can contact internationallawyerinfo@gmail.com
Regards,
Salman Yousaf Khan (Golra)
International Lawyer
+92-333-5339880
Returning of Dowry Articles in case of Divorce
In cases of divorce people are usually concerned what to return to the
girl and what not. According to Islamic Law and Pakistani Law two things
belong to the wife in case of divorce. One is the haq mehr which is
according to Nikahnama. The other thing are the gifts which are given to
the girl.
girl and what not. According to Islamic Law and Pakistani Law two things
belong to the wife in case of divorce. One is the haq mehr which is
according to Nikahnama. The other thing are the gifts which are given to
the girl.
Gift in Islamic Law are never taken back by the person gifting them.
According to Islam a person who takes the gift back is like a dog that
vomits and eats the vomit afterwards. So it is not reasonable for a
muslim to take the gifted items back from the girl when she is
divorced.
According to Islam a person who takes the gift back is like a dog that
vomits and eats the vomit afterwards. So it is not reasonable for a
muslim to take the gifted items back from the girl when she is
divorced.
Divorce is something not liked by Allah. Divorce is Halal but the most
unlikely thing in the Halal things. It is best that the husband and wife
compromise to live together once they are married unless they have no
other option then to leave each other.
unlikely thing in the Halal things. It is best that the husband and wife
compromise to live together once they are married unless they have no
other option then to leave each other.
If you have any query related with Divorce in Islamic Law or any other
issue related with Family laws you can contact
internationallawyerinfo@gmail.com
issue related with Family laws you can contact
internationallawyerinfo@gmail.com
Regards,
Salman Yousaf Khan (Golra)
Family Lawyer
+92-333-5339880
Gifts belong to the wife in case of divorce
According to Islam a wife is entitled to receive her haq mehr in case if
she is divorced by her husband. Haq mehr is not the only thing which
the wife takes home in case of divorce. She is entitled for other things
such as her dowry articles and gifts which she receive during the
tenure of relationship.
Often it happens that when the husband divorces his wife, she leaves the
house of husband immediately in single clothes. Her suitcases, jewelry,
dowry articles and other belongings remain in the house of husband
unless the parties come to an understanding later on.
The wife is entitled to receive everything belonging to her lying in the
house of her husband. The things gifted to her during the time of
relationship belong to her. Gift in islamic law can never be taken back
by the person gifting. So it is best to return gifts and all other
belongings to the girl once she is divorced.
In order to remove further disputes it is best to handover everything
through proper legal channel. For more consult
internationallawyerinfo@gmail.com
Regards,
Salman Yousaf Khan
Family Lawyer
+92-333-5339880
she is divorced by her husband. Haq mehr is not the only thing which
the wife takes home in case of divorce. She is entitled for other things
such as her dowry articles and gifts which she receive during the
tenure of relationship.
Often it happens that when the husband divorces his wife, she leaves the
house of husband immediately in single clothes. Her suitcases, jewelry,
dowry articles and other belongings remain in the house of husband
unless the parties come to an understanding later on.
The wife is entitled to receive everything belonging to her lying in the
house of her husband. The things gifted to her during the time of
relationship belong to her. Gift in islamic law can never be taken back
by the person gifting. So it is best to return gifts and all other
belongings to the girl once she is divorced.
In order to remove further disputes it is best to handover everything
through proper legal channel. For more consult
internationallawyerinfo@gmail.com
Regards,
Salman Yousaf Khan
Family Lawyer
+92-333-5339880
Wednesday, 5 August 2015
There is no appeal to a consent decree
There is no appeal to a consent decree. It is perhaps the most common kind of decree which has no appeal. As a general rule all the decrees are appealable while all the orders are revisionable unless specifically mentioned in the law.
A consent decree is the one in which parties to the suit comes to a settlement. They either present a settlement deed or they give statement in the court of law. On the bases of provisions of settlement between the parties, the court decrees the suit.
In a consent decree the judge cannot complete the trial. When parties agree to end the suit through settlement at any stage, the court is bound to decree the same. Parties giving consent to the provisions of settlement cannot disagree at later stages.
Since everything decided between the parties is settled according to their own free consent, they cannot appeal the decision of court afterwards.
Regards,
Salman Yousaf Khan (Golra)
Civil Lawyer
+92-333-5339880
A consent decree is the one in which parties to the suit comes to a settlement. They either present a settlement deed or they give statement in the court of law. On the bases of provisions of settlement between the parties, the court decrees the suit.
In a consent decree the judge cannot complete the trial. When parties agree to end the suit through settlement at any stage, the court is bound to decree the same. Parties giving consent to the provisions of settlement cannot disagree at later stages.
Since everything decided between the parties is settled according to their own free consent, they cannot appeal the decision of court afterwards.
Regards,
Salman Yousaf Khan (Golra)
Civil Lawyer
+92-333-5339880
Sunday, 19 July 2015
Warrant of Possession
Warrant of Possession is a term used for a legal document issued by the court for taking assistance from the local police for taking possession of a certain property. There are matters in which people often do not comply with the orders of court in the transfer of possession. In such cases the court has to use the force to implement its orders.
There is a petition filed in the executing court for the issuance of warrant of possession. For that the petitioner has to satisfy the court by putting grounds for the issuance of warrant of possession. Once the court is satisfied the warrants of possession are issued.
Warrant of possession are usually issued by the civil court or the rent controllers in cases where possession has to be transferred from one person to another. They are generally not required in cases where parties strictly comply with the orders of executing court.
Warrant of possession is the last stage in the implementation of court's order. It is generally issued when court has no other option left in the execution of its orders. Generally the court order is implemented through a bailiff. However when things are out of control of bailiff then the issuance of warrant of possession becomes mandatory.
If you have any legal query you can consult at internationallawyerinfo@gmail.com
Regards,
Salman Yousaf Khan (Golra)
Civil Lawyer
+92-333-5339880
There is a petition filed in the executing court for the issuance of warrant of possession. For that the petitioner has to satisfy the court by putting grounds for the issuance of warrant of possession. Once the court is satisfied the warrants of possession are issued.
Warrant of possession are usually issued by the civil court or the rent controllers in cases where possession has to be transferred from one person to another. They are generally not required in cases where parties strictly comply with the orders of executing court.
Warrant of possession is the last stage in the implementation of court's order. It is generally issued when court has no other option left in the execution of its orders. Generally the court order is implemented through a bailiff. However when things are out of control of bailiff then the issuance of warrant of possession becomes mandatory.
If you have any legal query you can consult at internationallawyerinfo@gmail.com
Regards,
Salman Yousaf Khan (Golra)
Civil Lawyer
+92-333-5339880
Saturday, 18 July 2015
Powers of Joint Sub Registrar
International Lawyer: Powers of Joint Sub Registrar: A Joint Sub Registrar is the english name of Naib Tehsildar. Joint Sub Registrar has all the powers equal to Tehsildar while performing his...
Friday, 3 July 2015
Jurisdiction in case of Succession Matters
One of the most commonly filed cases are of succession. The succession cases are filed for obtaining succession certificates. A succession certificate is required when a person dies and leave property behind. The legal heirs of the deceased are also called the successors which are determined through the succession certificate.
Succession Certificate is mandatory for obtaining amounts lying in the bank accounts of dead person. Without succession certificate the banks cannot legally release the amounts lying the banks. Similarly this certificate is important in cases where the shares and certificates are owned by the dead person as they cannot be distributed legally without succession.
Succession Certificate is obtained through civil court. A case is filed against public at large for obtaining the certificate. Usually a Succession case runs between 3 to 6 months and eventually the certificate is obtained.
The jurisdiction in succession cases can be any district where property or part of property of deceased is situated at the time of his/her death. That is determined through section 371 of the Succession Act 1925. One case can be filed for all properties situated in different jurisdictions.
If you have any query related with inheritance you can contact us at internationallawyerinfo@gmail.com
Regards,
Salman Yousaf Khan (Golra)
Inheritance Expert Lawyer
+92-333-5339880
Succession Certificate is mandatory for obtaining amounts lying in the bank accounts of dead person. Without succession certificate the banks cannot legally release the amounts lying the banks. Similarly this certificate is important in cases where the shares and certificates are owned by the dead person as they cannot be distributed legally without succession.
Succession Certificate is obtained through civil court. A case is filed against public at large for obtaining the certificate. Usually a Succession case runs between 3 to 6 months and eventually the certificate is obtained.
The jurisdiction in succession cases can be any district where property or part of property of deceased is situated at the time of his/her death. That is determined through section 371 of the Succession Act 1925. One case can be filed for all properties situated in different jurisdictions.
If you have any query related with inheritance you can contact us at internationallawyerinfo@gmail.com
Regards,
Salman Yousaf Khan (Golra)
Inheritance Expert Lawyer
Section 371 of the Succession Act 1925 determines the jurisdiction
When a person dies his/her succession opens up. The legal heirs of the deceased can claim their rights over the legacy of deceased only once they are declared as successors or legal heirs through the court.
In such circumstances the legal heirs have to file a suit in the court of senior civil judge. According to section 371 of the Succession Act 1925 the jurisdiction in succession matter is of the court where property is situated at the time of death of person.
However another aspect the same provision of law is that if part of the property is situated in a district then the jurisdiction lies there also.
The point is that the case of succession can be filed at any destination where property of part of property of deceased exists. That means all the property situated in different jurisdictions can be distributed through a single case filed at any place where one or more of the properties are located.
If you have any query related with any succession matter you can consult at internationallawyerinfo@gmail.com
Regards,
Salman Yousaf Khan (Golra)
Succession Lawyer
+92-333-5339880
In such circumstances the legal heirs have to file a suit in the court of senior civil judge. According to section 371 of the Succession Act 1925 the jurisdiction in succession matter is of the court where property is situated at the time of death of person.
However another aspect the same provision of law is that if part of the property is situated in a district then the jurisdiction lies there also.
The point is that the case of succession can be filed at any destination where property of part of property of deceased exists. That means all the property situated in different jurisdictions can be distributed through a single case filed at any place where one or more of the properties are located.
If you have any query related with any succession matter you can consult at internationallawyerinfo@gmail.com
Regards,
Salman Yousaf Khan (Golra)
Succession Lawyer
Tuesday, 30 June 2015
Procedure to be Adopted by Chairman Arbitration Council
Arbitration Council is an institute which is the central office of all the union councils in a district. It has lots of functions but generally it gets divorce cases which are filed under section 7 and section 8 of Muslim Family Law Ordinance 1961.
Whenever a notice is issued to Chairman Arbitration Council, he/she is bound to accept it if its filed in the proper jurisdiction. Further notices are issued to the other party for reconciliation proceedings. There are three reconciliation proceedings in total at the end of every month.
The parties are at liberty to reconcile during proceedings. If they fail to reconcile during proceedings and 90 days pass by, divorce happens and ultimately divorce certificate is issued. Apart from divorce other decisions on the issues between parties are also made in the proceedings. However implementation of other decisions is only possible through family court,
If you have any queries related with Arbitration council, union council or family laws you can contact internationallawyerinfo@gmail.com
Regards,
Salman Yousaf Khan
Family Lawyer
Saturday, 27 June 2015
When search warrants may be issued?
International Lawyer: When search warrants may be issued?: A search warrant is issued by magistrate under the provisions of section 96 of Code of Criminal Procedure 1898. The same section is reprodu...
Friday, 19 June 2015
Warasatnama or Legal Heir Certificate
International Lawyer: Warasatnama or Legal Heir Certificate: Whenever a person dies he/she lefts legal heirs which include children, parents, spouse and at times siblings, distant kindred, etc.. The d...
Saturday, 30 May 2015
Islamabad Local Goverment Elections Constituency Details
The following are details about constituencies of Islamabad ...
Regards,
Salman Yousaf Khan
Advocate High Court
Ex-Candidate MNA
+92-333-5339880
Tuesday, 26 May 2015
Terrorism by Punjab Police
On 25th May 2015 few lawyers were protesting outside the office of TMA followed by a quarrel between TMO and President of Daska Bar. On that police was invited to control the situation. Punjab Police opened gunfire on the unarmed lawyers killing the president of Bar Rana Khalid Abbas along with one more lawyer and injured few other lawyers with firing.
The original issue was that the court complex of Daska was not having water for more than a week. The TMO was not entertaining their request despite frequent visits by the elected cabinet of Daska Bar Association. However, the issue was misreported by some channels include GEO TV to portray wrong image of lawyers. GEO TV reported that the incident happened because of the registration of Nikahnama to create bad impression about the lawyers.
Bar Associations all over Pakistan are on strike over the killing of innocent lawyers by the Police. This is not the first time when State attacked lawyers community. Lawyers have been attacked on 12th May 2007 when they were burnt alive in Karachi during the Lawyer's Movement. Similarly on 3rd March 2014 many lawyers were murdered and injured at Islamabad District Courts when few terrorists entered the court premises and attacked. Not a single bullet was fired in defense of Lawyers by the police officials on duty as if they wished the lawyers to be killed at the hands of terrorists.
Lawyers are demanding resignation of PM Mian Nawaz Shareef and his brother Mian Shahbaz Sharif over the Daska incident. Most of the Bar Associations countrywide are on protest for the second day also on 27th May 2015. On the other hand no apologies have been tendered by the CM Punjab or PM Pakistan. Neither any concerned police officer is so far arrested or nominated in FIR. The Lawyers all around Pakistan might take the law in their hands if nothing is done over the killing of innocent lawyers by the State.
Regards,
Salman Yousaf Khan (Golra)
Advocate High Court
Member Islamabad Bar Association
Sunday, 24 May 2015
Article: Judicial Review in the Supreme Court
International Lawyer: Judicial Review in the Supreme Court: Review petition is filed when an aggrieved party wishes to get the whole case re-heard by the same court. This often happens when there is ...
Tuesday, 28 April 2015
THE PUNJAB LOCAL GOVERNMENT ACT, 2013
International Lawyer: THE PUNJAB LOCAL GOVERNMENT ACT, 2013: ACT XVIII OF 2013 An Act to rationalize and reorganize the Local Government system in the Punjab [Gazette of Punjab , Extraordinary,...
Thursday, 5 February 2015
International Lawyer: The Limitation Act, 1908
International Lawyer: The Limitation Act, 1908: THE LIMITATION ACT ACT NO. IX OF 1908 An Act to consolidate and amend the law for the Limitation of Suits, and for other purposes. --- Whe...
Saturday, 17 January 2015
Remedy when parents are not allowed to meet children
International Lawyer: Remedy when parents are not allowed to meet childr...: One of the common problems in conflicts between spouses is the meeting of children.. If the mother has the custody, she doesn't let the...
Friday, 16 January 2015
Execution can be adjourned sine die
International Lawyer: Execution can be adjourned sine die: PLJ 2011 Karachi 75 (DB) Present: Shahid Anwar Bajwa and Irfan Sadat Khan, JJ. MUHAMMAD AFAQ SHAMSI and 8 others--Petitioners verses NATION...
Monday, 12 January 2015
International Lawyer: Central Depositories Act, 1997
International Lawyer: Central Depositories Act, 1997: A BILL to make provision for the establishment and operation of book-entry systems for the transfer of securities by central depository...
Securities and Exchange Commission of Pakistan Act...
International Lawyer: Securities and Exchange Commission of Pakistan Act...: [As Amended Up-to-Date Till 2012] STATUTORY NOTIFICATION (S.R.O) Government of Pakistan SECURITIES AND EXCHANGE COMMISSION OF PAKISTAN ...
Sunday, 11 January 2015
Anti-Money Laundering Act, 20 10
International Lawyer: Anti-Money Laundering Act, 20 10: .W.HEREAS i: is expedieni icj provide f ~iriev en:icn of r;.,one~:.!htm.deriri~ i I D' combating financing of terrorism arid forfeitur...
Wednesday, 7 January 2015
Australian Immigration for IT Professionals and En...
International Lawyer: Australian Immigration for IT Professionals and En...: From July 2014 to June 2015 Australia Requires more than 100,000 professionals in the fields of Information Technology and Engineering. Fo...
Tuesday, 6 January 2015
International Lawyer: UK Tier 1 Entrepreneur Visa
International Lawyer: UK Tier 1 Entrepreneur Visa: The following are some of the features of this visa:- - The visa application process takes around 3 months time.. - Settlement with famil...
Monday, 5 January 2015
Voluntary Social Welfare Agencies (Registration an...
International Lawyer: Voluntary Social Welfare Agencies (Registration an...: [29th March 1962] CONTENTS 1. Short Title and Commencement 2. Definitions 3 Constitution of any agency 4. Application for registr...
Saturday, 3 January 2015
THE COMPANIES ORDINANCE, 1984
International Lawyer: THE COMPANIES ORDINANCE, 1984: (XLVII OF 1984) ********* CONTENTS ………… PART I - PRELIMINARY Sections Pages Preamble 1 1. Short title, extent and commencement 1 2. ...
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