Evidentiary value of FIR
Section 154 Cr.P.C and articles 19, 49, 78 of Qanoon-e-Shahadat… FIR could not treated as substantive evidence unless its maker admitted its contents on oath and passed through the test of cross examination, but it could be looked into term of article 19 of the qanoon-e-shahdat 1984 as a relevant fact for having been said by a person who happened to see or hear something about the occurrence as a bystander or a passerby shortly before or after the occurrence inasmuch as it formed part of the same transaction.. FIR could be looked into as a relevant fact to un-husk the lies, distortions and half-truth introduced at subsequent stage if proved in terms of articles 78 of the qanoon –e- shahadat 1984 which provided for proof of signature and handwriting of person alleged to have signed or witnessed such documents.. FIR could also be looked into as relevant fact for having been entered into the relevant register in term of articles of qanoon shahadat 1984 so long as it did not amount to confession.
2014 SCMR 749 Supreme Court of Pakistan
Confirmation of divorce
Section 7(3) Muslim Family law ordinance 1961, article 199 constitution of Pakistan.. Constitution petition.. Divorce.. Pronouncement of divorce by husband and sending notice for the same to the chairman arbitration council… withdrawal of such notice of divorce.. Legal position that revocation of divorce was within the prescribed period of ninety days and same was not effective before such period.. Scope.. Contention of wife was that divorce had become irrevocable after expiry of ninety days… validity.. Issuance of notice of divorce would become effective after expiry of ninety days from the date of its pronouncement and not from the date of issuance of notice of such divorce to the chairman arbitration council…. Husband in the present case, pronounced divorce to the wife on 18-3-2013 and period of iddate of ninety days expired on 17-6-2013 and period of iddat of ninety days expired on 17-6-2013 and divorce was irrevocable on 20-6-2013 when notice for withdrawal of same was issued.. Chairman arbitration council was directed to issue divorce certificate to the wife forthwith… constitution Petition was accepted in circumstances..
2014 CLC 813 Lahore
Section 5, 9 and 17 of West Pakistan Family Courts Act 1964, Constitution of Pakistan article 199, Power of Family Court to review its own order.. scope… suit for recovery of dower maintenance allowance and dowry articles… defendant’s right of defense was struck off by the family court due to non-filing of written statement, application for review filed by the defendant was dismissed as provision of review had not been provided in the family courts Act 1994, validity…. Family court had every jurisdiction to adopt any procedure/law to meet the situation to do the substantial justice between the parties and to secure the ends of justice…. Family court could adopt every procedure/law in the furtherance of dispensation of justice unless the procedure/law going to be adopted was specifically prohibited.. Family court could not refuse to exercise the jurisdiction on the ground of non-availability of the provision of review.. Petitioner was allowed to file written statement and case was remanded to trial court to proceed afresh.
2014 CLC 715 Peshawar