Past limitation of Maintenance

Suit for maintenance is governed limitation time of six years provided in residuary Art. 120 of Limitation Act 1908, Further by reason of Section 13 of Limitation Act 1908 in computing the period of limitation prescribed for any suit, the time during which defendant had been absent from Pakistan shall be excluded

NLR 2007 Civil SC 494

Dying Declaration

Dying Declaration

Article 46 of Qanoon-e-Shahdat 1984, dying declaration …scope… dying declaration was a statement of person without test of cross examination and is weak type of evidence…. Credibility of dying declaration depends upon the authenticity of the record and the circumstances under which it was recorded.. Rule of criminal administration of justice is that the dying declaration like the statement of an interested witness required close scrutiny and is not to be believed merely for the reason that during person is not expected to tell a lie..  (2014 YLR 2688)

Sub-Power after the death of Principle Party

Sub-Power after the death of Principle Party

Section 201 contract Act 1872, constitution of Pakistan article 185(3), sub power of attorney— issued by attorney after death of principal…effect… claim of petitioner/purported purchaser over suit property was based on the conveyance deed executed by the sub attorney of the respondent seller.. validity.. alleged power of attorney issued by respondent in favor of attorney was terminated on the death of respondent principal, therefore the attorney was not authorized to execute a sub power of attorney after death of the principal. In such circumstances the sub power of attorney was invalid and of no legal effect and sub attorney was not authorized to sell the property to the petitioner vide conveyance deed,. Further the purported purchase was the real mother of the sub attorney and as the time of alleged sale of property to her vide conveyance deed sub attorney made no efforts to obtain consent of attorney or principle seller, who has died by that time… petition for leave to appeal was dismissed accordingly and leave was refused (PLD 2014 Supreme Court 794)

Divorce on the ground of husband second marriage

Divorce on the ground of Husband second marriage without permission:
Under section 2(ii-A) of Dissolution of Muslim Marriage 1939, section 10(4) West Pakistan Family Court Act 1964, Section 13 Federal Laws(Revisions and Declaration)Ordinance 1981 second schedule, item No.18, second marriage of husband without permission of first wife..Effect.. wife entitled to obtain decree of dissolution of marriage if husband has taken additional wife has been omitted vide item No.18 of second schedule .Hence clause 2(ii-A) of section 2 of dissolution of marriage Act 1939 is no more longer part of statute under section 10(4) of the west Pakistan Family Court Act 1964 would no only pass a decree for dissolution of marriage foreth with but also restore to husband Haq Mahr received by wife in consideration of marriage. (PLD 2014 Peshawar 226)