THE CLAUSE ONLINE

"FAMILY CASES" ­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­ IN PROCEEDINGS IN FAMILY COURT SHALL BE GOVERNED BY GENERAL PRINCIPLE OF EQUALITY, FAIR PLAY AND JUSTICE. 2017 SCMR 321 PROPERTY MENTIONED IN NIKAH NAMA PROPERTY MENTIONED IN NIKAH NAMA, TO BE GIVEN TO WIFE. 2016 MLD 925 2010 YLR 2452 2013 YLR 1118 2015 PLD 88 ANY CONDITION, MENTIONED IN NIKAH NAMA BY THE HUSBAND, IN CASE OF PRONOUNCING TALAQ ETC BY HUSBAND, NO LEGAL VALUE. 2008 SCMR 186 DOWER DOWER, BETWEEN SPOUSES CAN BE INCREASED SUBSEQUENTLY. 2017 PLJ 41 2016 SCMR 2170 2016 MLD 1411 SNATCHING OF DOWER AFTER GIVING THE WIFE, MATTER FALLS WITHIN THE JURISDICTION OF FAMILY COURT. PLD 2015 Lah 57 NO APPEAL LIES AGAINST DECREE OF DOWER AMOUNT. 2001 SCJ 297 CONSTITUTIONAL PETITION TO CHALLENGE THE ORDER ON THE GROUND THAT THE EVIDENCE WAS NOT PROPERLY APPRECIATED, AS FINDING OF FACT RECORDED BY THE COURT OF COMPETENT JURISDICTION COULD NOT BE DISTURBED SOLELY ON

"CIVIL CASES" LIMITATION ACT. APPLICATION 12(2) CPC, 3 years after, after knowledge. EXECUTION OF FAMILY COURT DECREE No limitation 2001 SCMR 1128 CPC. RES JUDICAT APPLICABLE ON ARBITRATION PROCEEDINGS. 2017 CLC 466 Order VII ORDER VII, ROLE 1 DIRECTORY IN NATURE AND NOT MANDATORY, CASE CANNOT BE DISMISSED. 2016 CLC 1316 1991 MLD 2295 PLD 2006 SC 66 2010 MLD 1596 2012 YLR 1515 2006 SCMR 489 ORDER 7 RULE 3 CPC . A PLAINT SHOULD CONTAIN THE DESCRIPTION OF THE IMMOVABLE PROPERTY TO SUFFICIENTLY IDENTIFY THE SAME AND TO FACILITATE THE EXECUTING COURT. 2013 CLC Pesh 1171 REVISION U/S 115 CPC CONCURRENT FINDINGS OF FACTS NEITHERPERVERSE NOR ERRONEOUS……..REVISION DISMISSED 2013 YLR Pesh 1697+1703+2000 SCMR 346+PLD 1994 SC 291+PLD 2002 SC 293. CONCURRENT FINDING OF FACTS BELOW & HC CAN’T CHANGE THESE FINDINGS BY NEW INTERPRETATION OF EVIDENCE. 1984 SCMR 504+1997 SCMR 1139+2013 MLD Pesh1240+2013 CLC Sindh 1164+2012 SCMR

CASE LAW, BAIL MATTERS NO BAIL/PETITION CAN BE FILED, IN CASE THE SAME WAS EARLIER WITHDRAWN ETC, UNTIL FRESH GROUNDS AVAILABLE. 2013 SCMR 1509  PLD 2013 Lah 540 PLD 1986 SC 173 22 a Cr.PC Even for the purpose of the bail, law should not be stretched in favour of the prosecution. PLD 1972 SC 277 Matter pertaining to nikahnama/family case, not to be resolve in criminal case. 2013 YLR Lah 201 PLD 1984 SC 95 Rejection of pre arrest bail, no ground for refusal of after arrest bail PLD 1982 SC 227 2013 P.Cr.LJ Lah 487   Bail u/s 498 Cr.PC ABSCONSION MISUSE OF LAW & COURT’S CONCESSION, BAIL REFUSED PLD 1981 SC 93 2013 YLR Lah 1914 SCOPE OF PRE ARREST, LIMITED, BAIL REFUSED. 1996 SCMR 71 RELIEF CAN BE GRANTED ONLY WHERE MALAFIDE AND ULTERIOR MOTIVE SHOWN AND NO OFFENCE TO HAVE BEEN COMMITTED. 1996 SCMR 74+PLD 2009 SC 427 MERIT OF THE CASE CAN ALSO BE SEEN AT PRE ARREST BAIL. 2013 SD 488 2013 YLR Lah 1698 PLJ 1989 sc 526 Mi