Pleader is entitled to appear for another and not for himself

Counsel and Client

Advocate and Pleader— Scope— Pleader is entitled to appear for another and not for himself—- If one wants to represent his/her client as advocate then he (advocate) is not legally entitled to examine himself in place of his party (client) as for such purpose he has to unclothe his status as advocate and has to clothe with attorney/authorized agent.

2017 CLC 1736

Negligence of counsel did not constitute sufficient cause

Negligence of counsel did not constitute sufficient cause 

Parties are bound by the acts and omissions of their counsel

in ase of any negligence on party of the counsel, parties could not claim that they were not to be held responsible.

Negligence on the party of advocate, has a binding effect on his client— any negligence on the party of the advocate, was binding upon party which had engaged the advocate— if pary would engage a counsel who was lacking sense of responsibility to the court, it was the party who should suffer and not the other side.

PLJ 2015 Islamabad 74

2013 YLR 375

2013 CLC 254

PLD 2006 Karachi 252

1974 SCMR 223

Judgment of foreign courts

Judgment of foreign courts

Section 12 judicial comity, doctrine of —- courts in Pakistan should respect and give effect to (subject to certain exceptions) the judicial decisions of other countries on the same subject under the principle of judicial Comity— foreign judgments were conclusive as to any matter thereby adjudicated upon and courts in Pakistan must recognize and enforce the same however before enforcing andy foreign judgment a court in Pakistan would have to ensure that it did not fall within any of the exception contained in section 13 CPC

2017 PLD 174 Supreme Court of Pakistan

Correction of CNIC by NADRA

Correction of NIC issued by NADRA

Section 9, 5(3) NADRA , rule 13 NADRA Rules, Article 199 of Constitution of Pakistan. Petitioner sought correction on his NIC on the ground that the name of his father had been incorrectly entered. NADRA refused to make the necessary correction on the ground that for a change in the father name a court order was necessary. NADRA to support such contention relied on its Regulations Policy and Standard Operating  Procedures… validity error was clearly a typographic mistake. .NADRA was required to be maintained and every citizen was issued a national identity card. CNIC was legal document for identification of citizen and its issuance meant that the information contained therein was valid and correct. Delay in filing an application for correction of an office mistake could not hamper or prevent the process of actually correcting the NADRA database. Petition was allowed.

2012 PLD 378 Lahore

Foreign Male National migrating to Pakistan and marrying a Pakistani woman

Foreign Male National migrating to Pakistan and marrying a Pakistani woman

Section 10(2) —- Constitution of Pakistan , Article 25— Universal Declaration of human Rights (UDHR), Art.15—International Covenant on Civil and Political Rights (adopted on 23-03-1976), art.23—Beijing Declaration and Platform for Action 1995, Art.232 Right of such foreign male national to acquire Pakistani Nationality—Discrimination—alien male who had migrated to Pakistan and married a Pakistani woman was not granted a right to acquire Pakistani Nationality under section 10(2) of Pakistani Citizenship Act 1951, Denial of such right was discriminatory and violated not only art. 25 of constitution of Pakistan but also various instruments of international law, which the state of Pakistan was bound to follow in view of the commitments it had made to the international Community— High court directed concerned authorities to grant citizenship to the foreign national/husband of the petitioner after following the relevant procedure.

2016 PLD 857 Lahore