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Showing posts from June 23, 2024

Case law on maintainability of writ .

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THE SUPREME COURT OF PAKISTAN (Appellate Jurisdiction) PRESENT: Justice Munib Akhtar Justice Athar Minallah CIVIL PETITION NO.888 OF 2024 (Against the judgment dated 01.2.2024 of the  Lahore High Court, Rawalpindi Bench passed in  Writ Petition No.3692 of 2022) Muhammad Safeer and others … Petitioners Versus Muhammad Azam and others … Respondents For the petitioners: Mr. Taimoor Aslam Khan, ASC For respondent No.1: Ch. HafeezullahYaqoob, ASC assisted by Sarang, AHC Date of hearing: 12.06.2024 ORDER Athar Minallah, J.- The petitioners have invoked the  jurisdiction of this Court conferred under Article 185(3) of the  Constitution of the Islamic Republic of Pakistan, 1973 (‘Constitution’)  and they have sought leave against the judgment, dated 01.02.2024, passed by the High Court whereby the petition filed under Article 199 was dismissed solely on the ground of maintainability.  2. An application was filed by Muhammad Azam (‘respondent  No.1’) before the revenue officials for demarcation

section 36 and 37 of ETO 2002 are not attracted to the facts and circumstances of the instant case. The above are the reasons of our short order dated 24.05.2024 whereby while refusing leave to appeal, the petition was dismissed.

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IN THE SUPREME COURT OF PAKISTAN ( Appellate Jurisdiction ) Present: Justice Jamal Khan Mandokhail Justice Syed Hasan Azhar Rizvi Justice Naeem Akhtar Afghan CRIMINAL PETITION NO.128 OF 2024 (0n appeal against the order dated 04.12.2023 passed by the  Islamabad High Court, Islamabad, in Criminal Revision No.163/2023) Mst. Uzma Mukhtar  … … Petitioner Versus The State thr. Deputy Attorney  … … Respondent(s)  General and another  For the petitioner : Agha Muhammad Ali Khan, ASC  Syed Rifaqat Hussain Shah, AOR For the State  : Mr. Irfan Zia, Addl. PG Pb. Date of hearing  : 24.05.2024 JUDGMENT Naeem Akhtar Afghan, J. On the basis of application dated  03.08.2016 (Exh.PE) submitted by the petitioner (Mst. Uzma Mukhtar) to  Federal Investigation Agency (FIA), FIR No.45/2016 was registered on  18.08.2016 with Police Station (PS) FIA, Cyber Crime Circle, Islamabad,  u/s 36 and 37 of Electronic Transactions Ordinance (ETO) 2002 r/w  section 500, 506 and 509 of Pakistan Penal Code (PPC) against

Execution of family decree after the death of father

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PLJ 2024 Lahore (Note) 19 [Multan Bench, Multan] Present: Ahmad Nadeem Arshad, J. TAHIR MAHMOOD--Petitioner versus ADDITIONAL DISTRICT JUDGE, BUREWALA, etc.--Respondents W.P. No. 11802 of 2023, decided on 26.10.2023. Family Courts Act, 1964 (XXXV of 1964)-- ----S. 14--Constitution of Pakistan, 1973, Art. 199--Constitutional Petition--Suit for recovery of maintenance allowance--Maintenance allowance i.e. Rs. 2,000/- per month--Cancellation of mutation--Suit for recovery of maintenance allowance against father of petitioner--Suit was decreed--For satisfaction of decree, respondents filed an execution petition--Said father died and his legal heirs were impleaded in amended execution petition--After his demise, respondents No--3 to 5 filed an objection petition that Mutation No. 1644 should be cancelled--Trial Court allowed application and consequently cancelled mutation--Petitioner has filed an objection petition dismissed--Father-in-Law of respondents No. 3 was alienated his property to