Placing Name on ECL List on Private Dispute

section 2 and 3 of Exit from Pakistan (Control ) Ordinance (XLVI of 1981)

Article 199 constitution of Pakistan 1973

non disclosure of  grounds for placing name of a person on Exit Control List – scope- where the Government proposed to place the name of any person on exit control list and there were circumstances, which justified that such grounds were not to be disclosed in the public interest, then there had to be recorded finding giving justificatin for not disclosing the reason to withhold such ground in the public interest – where there was no public interest, Government could not excercise any power to withhold the ground therefore it could not be said that in terms of section 2(3) of exit of control list from Pakistan ordinance 1981 Government had unfettered or unbridled authority to withhold the reason or ground under any and every circumstances.

PLD 2013 Sindh 186

Retrun of Haq Mehr in lieu of Khula

section 5 and section 10(4) of West Pakistan Family Courts Act 1964

Dissolution of marraige by way of khula – dower (haq Mahr) – return- scope- dispute regarding payment of dower – wife admitted payment of dower at the time of marriage but alleged that the same was snatched from her subsequently – wife filed suit  for dissolution of marriage by way of khula which was decreed by the trial court in lieu of payment of dower. However due to the dispute between parties regarding payment of dower, trial court framed an issue to the effect that whether husband had paid doer to the wife – validity – wife had admitted that dower was paid to her and that same was later allegedly snatched from her – once the husband had paid to her wife liability of payment of dower stood fulfilled – even if dower was subsequently snatched by the husband it could not be said that dower amount was not paid – allegation made by wife that her dower amount had been snatched by the husband did not absolve her from the liability of returning the same because once dower amount was paid by the husband, payment of dower attained finality and allegedly snatched amount article would not be termed as dower amount -trial court had passed decree for disslution of marraige by way of khula in liue of dower but at the same time also framed an issue to the effect that whether husband had paid dower to the wife – trial court in such circumstances should have first decide the issue regarding payment of dower after recording evidence and then should have passed decree for granting khula or otherwise – case was remanded to the trial court with direction to first decide the issue regarding payment of dower and then pass appropriate order with regard to grant of khula.

2013 CLC 450

Grandchildren Right of Inheritance

Section 4 of Muslim Family law  Ordinance 1961

Article 203-D of Constitution of Pakistan

Right of Inheritance – scope- right of grandchildren to inherit the share of their predeceased father from their grandfather — Legality – Although Federal Shariat Court had declared section 4 of Muslim Family Law Ordinance 1961 to be repugnant to Islamic Sharia but such verdict was under challenge before the Supreme Court and thereby the operation of said verdict stood suspended automatically till decision of the appeal as provided by Article 203-D of the Constitution – grandchildren therfore, could inherit the share of their predeceased father from their grandfather.

2013 CLC 542 Peshawar

Ejectment of tenant on Bona fide personal need

section 17 Cantonmnet Rent Restriction Act  1963

Section 17 – ejectment petition- bonafide personal need of demised premises by landlord – scope – tenant' plea that landlord owned other properties at other locations – validity – Landlord would not be required to decided suitability of his/her use and occupation at dictates of tenant or anybody else as same was his/her absolute choice and prerogative.

2013 CLC 562 Sindh