M/S Latif Law Associates, Hala

24/11/2023

2023 S C M R 572

Benami transaction---
----Essential characteristics of a benami transaction stated.

In a benami transaction, there are three persons involved - the seller, the real owner, and the ostensible owner or benamidar, and, in the ordinary course of human conduct, it encompasses two different contracts, one is the contract, express or implied, between the ostensible owner and the purchaser (real owner) and it specifically mentions two things. First, the real owner expresses his desire or compulsion (also called motive) and obtains permission from the ostensible owner (Benamidar) to purchase the property in his name after paying the consideration amount to the seller, and second, it talks about the consent of the ostensible owner (Benamidar) that whenever the real owner demands, he will be bound to transfer the property to him. The other is a contract between the ostensible owner (Benamidar) and the seller of the property. Both such contracts, though differ from each other in their legal character and incidents, but complement each other to establish benami transaction, and thus, in cases of such transaction, the plaintiff must first state them, in detail, in his plaint, and then prove them by legal testimony, and failure to do so is fatal.

2023 S C M R 572

Benami transaction---
----Proof---Burden of proof---Evidentiary requirements for proving a benami transaction stated.

The case of benami dispute is not one in which the authenticity of the document is in question, but in such cases the ex*****on of the document is an admitted fact and the seeker only intends rectification of the document and wants that in it the name of the Benamidar be delated and instead his name be written. For such purposes not only direct oral evidence but also circumstances and surroundings of the case have to be considered. The burden of proof lies heavily on the person who claims against the tenor of the document or deed to show that the ostensible vendee (owner

21/12/2021

پولیس کی رائے کی قانونی حیثیت۔
2021 SCMR 612
Opinion of the investigating officer – not admissible ۔...............................

The opinion of a Police Officer who has investigated the case as to the guilt or innocence of an accused person is not a relevant fact, and is therefore not admissible, under the Qanun-eShadat Order, 1984; as he is not an “expert” within the meaning of that term as used in Article 59 of the Qanun-e-Shadat Order, 1984. Even the Criminal Procedure Code (Cr.P.C) does not authorize him to form such an opinion. To determine guilt or innocence of an accused person alleged to be involved in the commission of an offence is a judicial function that can only be performed by a court of law. This judicial function cannot be delegated to the Police Officer investigating the case. The Police Officers are empowered under the provisions of Chapter XIV of the Cr.P.C, only to investigate the non-cognizable offence with the order of a Magistrate and the cognizable offence without such order. This power of investigation, in no way, includes the power to determine guilt or innocence of the accused persons. An investigation, as defined in Section 4(1)(l) of the Cr.P.C, includes all proceedings under the Cr.P.C for the collection of evidence conducted by a Police Officer or by any other person authorized by a Magistrate. This definition makes it clear that the assignment of a Police Officer conducting an investigation is limited to the collection of evidence, and the evidence when collected has to be placed by him before the competent court of law. Only the court has the power and duty to form an opinion about the guilt or innocence of an accused person and to adjudicate accordingly on the basis of evidence.....

10/10/2021

Last date for filling income tax returns is 15/ 10/ 2021.
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03032828715

09/10/2021

Suit for specific performance of agreement to sell---Limitation---Time barred suit--- Effect---When suit is beyond prescribed period of limitation under Art.113 of Limitation Act, 1908, in such circumstances there is no need to frame issue of limitation and record any evidence---Such suit is liable to be dismissed on such ground alone.
2021 CLC 1650

07/10/2021

relevant para of 2020 CLC 1029

After inception of electronic mail and in the era of social media, the mode of communication has been amazingly changed, and the courts should not be oblivion of the abundance of flow of communication and information through these mediums. If it is established that any information communicated by a person from his account through email, Facebook, WhatsApp, twitter etc., the same may conveniently be referred during cross-examination. It is my considered view that even the courts can use electronic mail and WhatsApp for communication to a party in respect of service etc., as these are the medium from which the delivery of message and its perusal by the party can easily be established. Thus any email written by a witness or addressed to him and received in his inbox is his document and the same can be used to confront him by just referring it or producing it if attention of witness is required to draw toward certain portion of the document. Even any other sorts of digital documents in the shape of messages, photographs or movie clips can be referred and used during cross-examination of a witness, provided it is established that the same had been shared by him on social media from his personal account.

26/09/2021

Assalam-o-Alaikum :
Hope you will be fine ,
FBR announced of Return submission for Tax Year 2021 ,
To avoid any problem plz share details of your Assets of any type during July 2020 to June 2021.
For submission of Return your CNIC number is mandatory.
Last date is 30 September 2021
For any further information and Consultancy!
03032828715

30/07/2021

In case of relationship and visiting terms 452 PPC will not attract. 2009 PcrLJ 1259

23/07/2021