Farooq Hayat Law Associates

Farooq Hayat Law Associates Advocates & Legal Consultants.
&
Legal Services For Overseas Pakistani

Order XVI CPC: Summoning Hospital Records through Court. ⚖️Documentary evidence is the backbone of civil litigation. Und...
06/05/2026

Order XVI CPC: Summoning Hospital Records through Court. ⚖️

Documentary evidence is the backbone of civil litigation. Under Order XVI Rule 1 to 2 of the CPC, the court is empowered to summon records from any public or private hospital. Whether it pertains to birth and death entries, detailed medical history, or forensic reports, parties can move an application to summon the official in charge along with the relevant records. This legal provision is instrumental in uncovering the truth and ensuring that critical medical evidence is presented before the court to reach a just conclusion.

Cessante Ratione Legis, Cessat Ipsa Lex: The Evolving Purpose of Law. ⚖️Every law is enacted for a specific reason and a...
04/05/2026

Cessante Ratione Legis, Cessat Ipsa Lex: The Evolving Purpose of Law. ⚖️

Every law is enacted for a specific reason and a social purpose. When the reason underlying a law ceases to exist, the law itself should no longer apply. This timeless Latin maxim emphasizes that legal frameworks must remain dynamic and responsive to societal changes. Holding onto obsolete laws that have lost their rationale leads to injustice. The judiciary often invokes this principle to reinterpret or strike down archaic regulations, ensuring that the legal system serves the current needs of the people rather than being a relic of the past.

Under family law principles, if biological parents voluntarily give their child in adoption to another person, they may ...
02/05/2026

Under family law principles, if biological parents voluntarily give their child in adoption to another person, they may lose their right of custody (hizanat). Such conduct is often interpreted as a conscious relinquishment of their custodial rights, especially when the child has been permanently placed under the care and upbringing of another family.

However, this is not an absolute rule. Courts, particularly in jurisdictions like Pakistan, decide custody matters primarily on the principle of welfare of the minor. Therefore, even if the parents had previously given the child for adoption, they may reclaim custody if it is proven that the welfare of the child demands such a change.

Thus, while voluntary adoption can weaken or even extinguish the claim of biological parents to custody, the ultimate consideration remains the best interest and well-being of the child.

Ignorance of Fact vs. Ignorance of Law: The Doctrine of "Ignorantia Facti Excusat." ⚖️In jurisprudence, there is a vital...
01/05/2026

Ignorance of Fact vs. Ignorance of Law: The Doctrine of "Ignorantia Facti Excusat." ⚖️

In jurisprudence, there is a vital distinction: while ignorance of the law is no excuse, ignorance of fact can be a valid defense. Under Sections 76 and 79 of the Pakistan Penal Code (PPC), an act is not an offense if committed by a person who, by reason of a mistake of fact and in good faith, believes himself to be justified by law in doing it. This maxim ensures that the law protects those acting without criminal intent (Mens Rea) who are misled by circumstances, upholding the principle of equity and justice.

The holding of an identification parade is not a mandatory legal requirement in every case. Under Article 22 of the Qanu...
26/04/2026

The holding of an identification parade is not a mandatory legal requirement in every case. Under Article 22 of the Qanun-e-Shahadat Order, 1984, any fact, in whatever form, that establishes the identity of an accused person is deemed relevant and admissible. In the present case, the petitioners (accused persons) were clearly visible in CCTV camera recordings, which effectively established their identity. Such footage constitutes admissible evidence under Article 22. Furthermore, the same is also relevant under Article 164 of the Qanun-e-Shahadat Order, 1984, as it represents evidence obtained through modern devices, subject to verification of its genuineness and authenticity.

In view of the availability of this reliable and direct evidence, the necessity of conducting an identification parade is rendered redundant.

Pre-Arrest Bail: The Prerequisite of Apprehension of Arrest. ⚖️Under the established jurisprudence of the Superior Court...
26/04/2026

Pre-Arrest Bail: The Prerequisite of Apprehension of Arrest. ⚖️

Under the established jurisprudence of the Superior Courts of Pakistan, the primary condition for seeking Pre-Arrest Bail is the existence of a reasonable apprehension of arrest. If there is no imminent threat of arrest in a case, a petition for pre-arrest bail is not maintainable. The court exercises this extraordinary jurisdiction only to protect an individual from potential humiliation due to a malafide arrest. Where the threat of arrest is non-existent, the question of granting such relief does not arise.

When a terminated or dismissed employee is reinstated in service, the legal effect of such reinstatement is that his ori...
20/04/2026

When a terminated or dismissed employee is reinstated in service, the legal effect of such reinstatement is that his original status is restored in its entirety, including his seniority, privileges, and all consequential benefits.

Mere possession of foreign currency within the country is not smuggling. Under the Customs Act, 1969, smuggling requires...
18/04/2026

Mere possession of foreign currency within the country is not smuggling. Under the Customs Act, 1969, smuggling requires intent and an act of illegal cross-border movement. If no chance to declare was given, the charge is unjustified.

Likewise, the Foreign Exchange Regulation Act, 1947 does not make holding foreign currency an offence unless a violation is proven. Hence, without evidence of border crossing or unlawful intent, it cannot be termed smuggling.

Negligence in Investigation: A Solid Ground for Acquittal in Narcotics Cases. ⚖️In narcotics-related offenses, "Recovery...
16/04/2026

Negligence in Investigation: A Solid Ground for Acquittal in Narcotics Cases. ⚖️

In narcotics-related offenses, "Recovery" and "Safe Custody" are the most critical elements of the prosecution's case. If the Investigating Officer (I.O.) fails to personally see the contraband at the crime scene or neglects to take it into his official custody, the entire trial is compromised. The superior courts have repeatedly held that such lapses break the "Chain of Custody," creating a reasonable doubt that leads to the acquittal of the accused.

Suit for Specific Performance and the Question of Limitation: High Court’s Landmark Decision. ⚖️The issue of limitation ...
16/04/2026

Suit for Specific Performance and the Question of Limitation: High Court’s Landmark Decision. ⚖️

The issue of limitation in suits for Specific Performance is often a contentious point. In this instance, the Trial Court rejected the plaint under Order VII Rule 11 CPC, labeling it time-barred. However, the Single Bench of the High Court set aside the order and remanded the case, observing that limitation is often a "Mixed Question of Law and Fact" that requires evidence.
The Turning Point: The Respondent challenged this in the Division Bench (ICA), but the appeal was dismissed on both merits and non-payment of court fees. This underscores the judicial principle that substantive rights should not be curtailed on technicalities without a proper trial.

The Rule of Law: No One is Above the Law. ⚖️Articles 4 and 25 of the Constitution of Pakistan mandate that all citizens ...
12/04/2026

The Rule of Law: No One is Above the Law. ⚖️

Articles 4 and 25 of the Constitution of Pakistan mandate that all citizens are equal before the law and entitled to equal protection. The "Rule of Law" signifies that no individual, regardless of their status, wealth, or office, is immune to legal accountability. A society only thrives in justice and stability when the law is applied uniformly to all.

Address

603, 6th Floor, Al-Fatima Chamber, Shambo Nath Street Near Passport Office, Saddar, Artillery Maidan
Karachi
75500

Opening Hours

Monday 09:00 - 19:00
Tuesday 09:00 - 19:00
Wednesday 09:00 - 19:00
Thursday 09:00 - 19:00
Friday 09:00 - 19:00
Saturday 09:00 - 19:00
Sunday 18:00 - 20:00

Telephone

+923332349577

Website

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