Pleader is entitled to appear for another and not for himself

Counsel and Client

Advocate and Pleader— Scope— Pleader is entitled to appear for another and not for himself—- If one wants to represent his/her client as advocate then he (advocate) is not legally entitled to examine himself in place of his party (client) as for such purpose he has to unclothe his status as advocate and has to clothe with attorney/authorized agent.

2017 CLC 1736

Negligence of counsel did not constitute sufficient cause

Negligence of counsel did not constitute sufficient cause 

Parties are bound by the acts and omissions of their counsel

in ase of any negligence on party of the counsel, parties could not claim that they were not to be held responsible.

Negligence on the party of advocate, has a binding effect on his client— any negligence on the party of the advocate, was binding upon party which had engaged the advocate— if pary would engage a counsel who was lacking sense of responsibility to the court, it was the party who should suffer and not the other side.

PLJ 2015 Islamabad 74

2013 YLR 375

2013 CLC 254

PLD 2006 Karachi 252

1974 SCMR 223

Judgment of foreign courts

Judgment of foreign courts

Section 12 judicial comity, doctrine of —- courts in Pakistan should respect and give effect to (subject to certain exceptions) the judicial decisions of other countries on the same subject under the principle of judicial Comity— foreign judgments were conclusive as to any matter thereby adjudicated upon and courts in Pakistan must recognize and enforce the same however before enforcing andy foreign judgment a court in Pakistan would have to ensure that it did not fall within any of the exception contained in section 13 CPC

2017 PLD 174 Supreme Court of Pakistan

When wife Voluntarily Left the husband house she cannot claim maintenance

When wife Voluntarily Left the husband house she cannot claim maintenance

Section 5 sched .. cruel attitude was not confined only to the extent of physical violence but it would include mental torture hateful attitude of husband or other inmates of the house and also included the circumstances in presence of which wife was forced to abandon the house o her husband. Wife has failed to prove cruelty in the present case. Family court has correctly passed decree on the ground of khula. Husband was bound to pay maintenance charges to the wife till she was faithful to him and lived with im and if she had voluntarily left eh house of husband then she was not entitled to maintenance charges. Wife had voluntarily left the house of her husband and she was not entitled to maintenance charges. Dower once paid could not be demanded for second time. Appeal field bye wife was partly accepted to the extent of maintenance charges. Decree of maintenance charges passed by Shaiarat court was set aside

2016 YLR 371 Supreme Court Azad Kashmir

Correction of CNIC by NADRA

Correction of NIC issued by NADRA

Section 9, 5(3) NADRA , rule 13 NADRA Rules, Article 199 of Constitution of Pakistan. Petitioner sought correction on his NIC on the ground that the name of his father had been incorrectly entered. NADRA refused to make the necessary correction on the ground that for a change in the father name a court order was necessary. NADRA to support such contention relied on its Regulations Policy and Standard Operating  Procedures… validity error was clearly a typographic mistake. .NADRA was required to be maintained and every citizen was issued a national identity card. CNIC was legal document for identification of citizen and its issuance meant that the information contained therein was valid and correct. Delay in filing an application for correction of an office mistake could not hamper or prevent the process of actually correcting the NADRA database. Petition was allowed.

2012 PLD 378 Lahore