Monthly Archives: May 2013

Dishonestly issuing a cheque

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Dishonestly issuing a cheque

Section 384, 463 and 489-F PPC — dishonestly issuing a cheque – recovery of cheque amount — scope – complainant in a criminal case under section 489-F PPC could not ask a criminal court to effect any recovery of amount involved in the cheque  – cheque amount involved in the offence under section 489-F PPC was never considered as stolen property – Had the same been treated as stolen property ? the investigating agency would certainly have been equipped with a power to recover said amount as provided under Chapter XVII PPC under which only remedy provided for the prosecution was the conviction of accused and no process for recovery could be effected.

 Dishonestly issuing a cheque  — Bail—cheque issued as guaranteed/ security  — recipient of the cheque using the same to exert pressure on the issuer to force him to surrender to his illegal demands  – such misuse of section 489-F PPC for the purpose of securing money would be termed as extortion. Bail was granted.

PLD 2013 Lahore 173

Remarraige without intervening

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Remarriage after Khula without Intervening 

Section 7(6) Muslim Family Law Ordinance 1961 — constitutional petition — re-marriage – parties were husband and wife inter se and their marriage had been dissolved on the basis of khula vide ex parte decree dated 7-11-2009 – plea raised by parties was that suit for dissolution of marriage was filed on misunderstanding and both of them wanted to re-marry  without intervening marriage (Hallala) – validity – Approved mode of divorce, under Muslim Family laws Ordinance 1961 was by one “Talaq” and such mode was obligatory for husband to divorce by one mode of “talaq” other than “Talaq-e-“Ahsan” – Couple could remarry without any intervening marriage except where wife had been divorced thrice and third divorce had become 4effective and only in that case they could not remarry without “Halala” – All divorces were revocable under section 7(6) of Muslim Fmaily Law Ordinance 1961 – High Court allowed reunion of parties after revival of “Nikah” particularly when wife was willing to live again with her husband and to perform her matrimonial conjugal rights within the limits ordained by the Holy Quran and Sunnah – Petition was allowed in circumstances.

PLD 2013  Sindh 209

Quashing the FIR

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Quashing the FIR

Section 154, 173, 249-A, and 265-K Cr.P.C.

Quashing of FIR after trial court had taken cognizance of the offence — legality – when trial court had taken cognizance of the case, FIR could not be quashed and the fate of the case and of the accused persons challaned therein was to be determined by the Trial court itself—- Accused person in such circumstances could avail the remedy under sections Section 154, 173, 249-A, and 265-K Cr.P.C. to seek his premature acquittal, if the charge was found to be groundless or there was o possibility of his conviction.

PLD 2013 Supreme Court 401

 

Marriage of Girl having 14 yeas of age

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Section 375 Pakistan Penal Code

 Ss. 2(a) & (b) Child Marriage Restrain Act 1929 Ss. 2(a) & (b)

Section 491 Habeas Corpus Criminal Procedure Code  1898 – Petition for the recovery of Detenue – Rape —

Marriage of Muslim girl below sixteen years of age who had otherwise attained puberty and consented to the marriage — Legality — complainant (father of alleged detenue ) filed present petition for recovery of her daughter contending that she was a minor girl and accused was subjecting her to rape – alleged detenue contended that she had attained puberty and contracted marriage with the accused out of her own free will and consant –– validity — Medical reports of alleged detenue revealed that she was between 14 and 15 years of age at the time of her marriage with the accused – medico-legal certificate available on record showed that alleged detenue had developed all physical characteristics of having attained puberty  – marriage of the Muslim girl who was below 16 yeas of age, but had attained puberty and was also a consenting party to the marriage, was valid for all intent and purposes  — relationship of accused with the alleged detenue could not be equated with rape in such circumstances — Alleged detenue claimed to have attained puberty and admitted her willful nikah with the accused and also deposed to accompany him — petition for recovery of alleged detenue was dismissed in circumstances.

PLD 2013 Lahore 243

1994 SCMR 2102

List of Dowry Articles

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Qanoon-e-Shahadat section 17

suit for the recovery of dowry articles- non production of receipts for dowry article – effect – provision of the qanun-e-shahadat 1984 were not applicable in the proceedings before family court act 1964 – intent of the legislature was clearly to simplify the proceddure and the law makers were aware of the fact that in cases relating to dower the lists were seldom prepared and receipts were very rarely kept intact as everyone made arrangements for marriage of one's daughter with the hope and prayer that she would lead a happily married life.

2013 CLC 698 Lahore