On failure of reconciliation Court is bound to pass decree

A family court is bound to pass decree for dissolution of marriage on the basis of Khula on failure of pre-trial reconciliation proceeding. Family Courts in Pakistan do not have powers to proceed further with cases of Khula once reconciliation between parties fail.

According to the provisions of Section 10(4) of West of Pakistan Family Courts Act 1964 the Family Judge is bound to pass decree on the failure of reconciliation between parties. There are few steps involved in every family case.

A good thing about family cases is that there is pre-trial reconciliation proceeding in it. This step comes after the filing of written statement by the defendant. No court can bypass this step and no court has powers to proceed further in cases where parties do not agree to reconcile at this stage.

For any query on family laws in Pakistan you can consult lawyergolra@gmail.com

Regards,
Salman Yousaf Khan (Golra)
International Family Lawyer
+92-333-5339880

Remedy against frivolous Applications at Police Stations

A common malpractice among people is that some criminal minder people file frivolous applications at police stations to harass innocent people. In such like circumstances the innocent people have to visit police stations once or several times. Similarly if any criminal case is registered then they have to approach court of law for bail and later criminal trial in bogus cases.

An aspect is that no one can be stopped from approaching the police station and filing an application. However, legally a frivolous application can be addressed very strictly. According to the provisions of section 182 of Criminal Procedure Code, the SHO has powers to initiate criminal proceedings against a frivolous applicant in such like circumstances.

A practice is that an injunctive order against such frivolous applicant can also be taken from appropriate court against harassment. For more you can consult lawyergolra@gmail.com

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www.internationalattorney.info
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Stay Order against Harassment

If a person is harassed by the act or omission of any other person, an injunction can be taken against the person or persons causing such harassment. Forum for taking such stay order differs from case to case.

Generally speaking stay order against harassment is taken from Civil Court as its the court of original jurisdiction. However, in practice most stay orders against administrative institutions and statutory organizations are taken from High Court under the provisions of Article 199 of the Constitution.

If you have any such query you can consult at lawyergolra@gmail.com

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Salman Yousaf Khan (Golra)
Constitutional Lawyer
+92-333-5339880

Power of Attorney in Family Cases

Power of Attorney can be used in Family Cases. According to Section 18 of the West Pakistan Family Courts Act 1964, a pardanasheen lady can give power of attorney to her agent to appear on her behalf in the family court.

Every lady is deemed to be a pardanasheen lady unless proved contrary. Hence this provision of law empowers the women to appoint their attorneys that can represent them in the court proceedings before family judges in Pakistan.

In practice men also appoint their attorneys in cases where they are unable to attend court proceedings in person. The reason is that the general principles of civil law are applicable on family courts in Pakistan.

For more contact lawyergolra@gmail.com

Regards,
Salman Yousaf Khan (Golra)
International Family Lawyer
+92-333-5339880

Special Power of Attorney

Special Power of Attorney is a document by virtue of which a person has special powers given to be used in special circumstances. The person giving power of attorney is called the principle while the person taking such power of attorney is called the agent.

Power of Attorney can be classified into two types. The General Power of Attorney and the Special Power of Attorney. General Power of Attorney gives vast powers to the agent. For the same reasons it includes difficult registration process and heavy costs of its registration.

Special Power of Attorney is generally easy to execute with having very less expenses involved in its registration. A most common type of Special Power of Attorney is the Special Power of Attorney for litigation purposes in which the principle appoints an agent to sign documents and pursue cases on his/her behalf in the court

For more you can consult lawyergolra@gmail.com

Regards,
Salman Yousaf Khan (Golra)
International Lawyer
+92-333-5339880

Court is not bound to wait for subsequent challan

The police is bound to submit police report under section 173 of Criminal Procedure Code within 14 days after the arrest of accused. Three days grace period can be given to concerned I/O in the late submission of Police Report.

The police report submitted under section 173 of CRPC is called challan. It shows the completion of police inquiry.

A court is not bound to wait for the arrival of a subsequent challan while proceeding in a criminal trial. Once a challan is presented in the court, the court can proceed with the trial of case. Police can investigate the matter as long as it is not decided by the court.

However, police has no control over the court. The Judge is not bound to wait for any proceeding on police in the matter as the court has to take its own course in accordance with law.

For more you can contact lawyergolra@gmail.com

Regards,
Salman Yousaf Khan (Golra)
Criminal Lawyer
+92-333-5339880

Suits against multiple defendants

Plaintiff is the person that files a case while defendant is a person against whom a case is filed. There can be multiple plaintiffs and multiple defendants in a case.

A suit against multiple defendants is a civil case in which there are number of persons against whom relief is sought. In such like circumstances the plaintiff has to serve summons to all the defendants separately.

Even if different defendants in a case have same address, the plaintiff has to serve them summons separately. Each defendant has to right to defend himself separately in the case. Case proceeding can be different against different defendants depending upon the relief sought in the plaint.

For more you can consult lawyergolra@gmail.com

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Salman Yousaf Khan (Golra)
Civil Lawyer
+92-333-5339880

Objections cannot be entertained where decree is for money

Generally speaking in most of the cases, the execution of any decree is possible under the provisions of order XXI of Code of Civil Procedure 1908.

According to the provisions of Order 21 Rule 23-A of Code of Civil Procedure 1908 the judgment debtor has no right to file objections in the execution of decree when the decree is for recovery of money from judgment debtor.

The only circumstance in which the Judgment debtor can be allowed to file objections is that the judgment debtor has to submit the payment due on him/her in the court before filing objection. That way the court can decide whether the same payment has to be handed over to the decree holder or not.

For more information you can consult lawyergolra@gmail.com

Regards,
Salman Yousaf Khan (Golra)
International Lawyer
+92-333-5339880

An order remains in field unless set-aside

An order passed by a competent court remains in field unless it is set-aside or executed. An order passed by any competent judge does not end up automatically unless the order states so. Generally speaking if a judge passes an order in any case, compliance of the same is binding on the parties.

The order remains in field unless it is recalled by the judge. Every court has inherent powers of reviewing an order. So a court can set-aside its order on its own motion. However, if the order is not set-aside, the court is bound to implement it by way of its execution.

For more you can consult lawyergolra@gmail.com

Regards,
Salman Yousaf Khan (Golra)
International Lawyer
+92-333-5339880