suit on basis of cheque against deceased legal heirs

Suit on basis of cheque against legal heirs of deceased

Section 29 and 29A of Negotiable Instruments Act 1881…..  Order VII Rule 10 and Order XXXVII Rule 2 and 3 of Civil Procedure Code 1908….. Summary suit against the legal heir of the executant of negotiable instrument— Maintainability—– plaintiff filed suit for recovery of money on the basis of cheque whose maker died before encashment of the same— suit was dismissed by the trial court— validity— Maker of cheque had died before the same could be presented for encashment— said cheque has ceased to have any effect as a bill of exchange on the death of its maker —- summary suit cold only be filed against the executants of bill of exchange hundies or promissory notes and not otherwise— party who has not a drawer or maker of the cheque bill of exchange was ot liable thereon and he could not be sued under order XXXVII rule 2 and 3 CPC—- Legal representatives of deceased must sign the instruments in order to make them liable thereunder—- defendant s has not signed the disputed cheque they were not liable to be plaintiff against the cheque issued by their predecessor

2015 CLC 641 Lahore 

Reliance of Fatwa

Reliance of Fatwa

Fatwa….. Reliance upon… Scope could not be relied upon unless its author/signatory is produced in the court and was subjected to cross-examination and entire circumstances are brought into his knowledge.

2015 CLC 653  Sindh 

Divorce Through SMS

Divorce through SMS

Article 73 of Qanun-e-Shahadat Information conveyed over modern devices such as SMS – such information is means to communication validly accepted all over the world, however the witness in whose presence such information is conveyed or received is always important to prove a fact through its verification — Although under article 73 of Qanoon e Shahadat 1984 modern devices are legally acceptable yet in order to prove a fact, the required procedure has to be followed.

PLD 2015 Lahore 231

Maintenance during iddat

Maintenance During Iddat

Divorced wife’s right to maintenance during period of “Iddat”— concept of maintenance during iddat examined in light of Quranic Verses—- obligation of husband to maintain wife during period of “Iddat” —- scope— Quranic meanings and concepts of “Nafaqah” “mata”, “wa matee o hanna” and “fa anfiqo” meaning “to spend” used in the verses of the Holy Quran revealed the commands of Allah to a Muslim husband rendering him under an obligation to maintain his divorced wife during period of “iddat” as per Injunctions of Islam; which may be a onetime provision or in shape of affordable instalments during period of “iddat” — Intent and spirit of commands of Allah was to provide for maintenance to a divorced wife during period of “Iddat” for the simple reason that as per Injunction of Islam; a divorced woman could not remarry during the period of “iddat” — commands of Allah therefore, create a right of maintenance in favor of a divorced wife and an obligation upon a husband to maintain her during period of “iddat” – such right in Pakistan is enforceable by the Family Court which had exclusive jurisdiction under the West Pakistan Family Court Act 1964

PLD 2015 Lahore 258