The Legal Birds

15/10/2024

Teach your sisters and daughters the techniques of defense as they can protect and secure themselves by taking life of animals

11/10/2024

In its detailed "corrected" verdict in the Mubarak Ahmad Sani case, the Supreme Court ruled that it is mandatory for Qadianis to accept their status as outlined in the Constitution.

"Within the parameters of the Constitution, their rights can be determined and protected," stated the ten-page order, issued on Thursday.

The verdict, authored in Urdu by Chief Justice of Pakistan (CJP) Qazi Faez Isa, emphasized that belief in the finality of Prophethood is central to Islam, demanding that every Muslim must regard the Holy Prophet (PBUH) as Khatamun Nabiyeen, meaning the last Messenger of God.

"Section 260 (3) of the Constitution of the Islamic Republic of Pakistan clearly defines a 'Muslim' as someone with complete and unconditional faith in the Finality of Prophethood. No alternative interpretation or justification is acceptable in this regard."

The order added, "Just as it is mandatory for a law-abiding citizen of any state to accept their country's constitution in letter and spirit—since constitutions are the mother of all laws—it is also mandatory for Qadianis to accept their status as defined in the Constitution."

The verdict referred to earlier rulings on the religious rights of those who identify as Ahmadis or Qadianis, citing the Federal Shariat Court's decision in Mujibur Rehman vs Government of Pakistan and the Supreme Court's ruling in Zaheer Uddin vs State as key precedents.

"The Anti-Qadiani Ordinance is an established and enforceable law in the Islamic Republic of Pakistan," the ruling said

09/10/2024

ISLAMABAD:
Lawyers' organisations in Islamabad have closed ranks to oppose the proposed constitutional amendments, including the establishment of a federal constitutional court.

They collectively vowed to resist the changes with full force.

The legal fraternity asserted that it will stand firm against what they see as an attempt to undermine judicial independence, with many warning that this proposal could open a can of worms in the country's legal system.

Speaking at the All Pakistan Lawyers Convention (APLC) organised by the Islamabad Bar Council (IBC) on Monday, lawyers reaffirmed their commitment to safeguarding the Constitution, vowing not to tolerate any tampering with it.

Lawyers asserted their role as protectors of the Constitution, vowing to stand as an unbreakable wall.

They condemned the judicial package, describing it as a tactic by anti-democratic forces to gain control of the Supreme Court.

They said that when martial law could not be imposed, this alternative was devised.

A resolution rejecting the judicial package was unanimously passed at the convention, which saw participation from lawyers representing various bar councils.

Advocate Zulfiqar Abbasi, a member of the IBC, condemned the charges filed against lawyers, asserting that the convention had no political bias.

"This is not a function of any political party," Abbasi stressed. He further noted that while legislative reforms are essential, they must not be driven by malice.

02/10/2024

01/10/2024

https://timesofindia.indiatimes.com/india/because-somebody-is-an-accused-or-convict-it-cant-sc-on-bulldozer-action/articleshow/113843552.cms

India News: The Supreme Court of India reiterates that mere accusations or convictions cannot justify property demolitions, emphasizing uniform legal standards fo

01/10/2024

https://www.livelaw.in/top-stories/we-cant-let-such-a-talented-boy-go-away-supreme-court-directs-iit-to-admit-dalit-student-who-lost-admission-due-to-delay-in-paying-fee-271156

The Supreme Court on Monday (September 30) granted relief to a Dalit student who lost his admission to the Indian Institute of Technology(IIT) because he was late in paying the online admission fee...

30/09/2024

IHC Justice Arbab Mohammad Tahir issued the judgement in response to a petition, which said the magistrates were using judicial powers against the spirit and mandate of the Constitution, particularly, Article 175 (3).

The petition highlighted that officers of the Islamabad Capital Territory Administration, while exercising judicial powers, did not follow the rules of procedure framed by the high court under Article 202 of the Constitution and that they were outside the supervisory jurisdiction of the high court, contrary to Article 203 of the Constitution.

The assistant attorney general, however, argued that the judicial system of Pakistan was choked with hundreds and thousands of cases and it did not appeal to a prudent mind to burden it further

27/09/2024

13/09/2024

The Lahore High Court (LHC) Rawalpindi bench has raised concerns over the misuse of judicial powers by district courts in cases involving cheque dishonor and recovery. The court’s decision sets a new precedent, clarifying the legal framework surrounding such cases.The case in question involved the recovery of Rs70 million from Mohammad Waseem, following allegations by Maple Leaf Cement that his misappropriation led to a loss of Rs79 million. As part of a settlement, Waseem issued a cheque for Rs70 million, which subsequently bounced due to insufficient funds, prompting legal action against him.

The trial court had initially ruled in favor of Maple Leaf Cement, allowing recovery under Order ###VII of the Code of Civil Procedure (CPC) of 1908, which pertains to the recovery of debt or liquidated amounts.

However, the LHC division bench, comprising Justice Mohammad Sajid Mehmood Sethi and Justice Jawad Hassan, overturned this decision. The court ruled that a suit under Order ###VII cannot be filed without an agreement between the parties. Justice Jawad Hassan, who authored the judgment, clarified that Rule 2 of Order ###VII permits filing a summary suit only based on bills of exchange, hundis, or promissory notes.

The judgment emphasized that while a cheque is a negotiable instrument under the Negotiable Instruments Act of 1881, initiating a suit requires “negotiation of the parties on an agreement.” The court noted that Maple Leaf Cement had only presented a copy of the FIR and the cheque, without any supporting agreement or proof of a contractual relationship.Citing Section 6 of the Negotiable Instruments Act, which defines a cheque as “a bill of exchange drawn on a specified banker and not expressed to be payable otherwise than on demand,” the court reiterated that a suit under Order ###VII must be supported by a negotiable instrument arising from a contractual relationship.

17/08/2024

The Lahore High Court’s (LHC) Justice Shakil Ahmad grilled the state counsel on Friday for his lack of “knowledge” and “seriousness” about recent internet disruptions across the country.

Major online platforms such as Facebook and WhatsApp have been hit hard since last week with users reporting slowdowns and difficulties in accessing messaging and social media applications.

After months of speculation about the installation of a so-called ‘firewall’ that could be leading to internet disruptions, the country’s IT minister finally confirmed a day ago that the government was indeed upgrading its “web management system” to cope with cyber security threats.

10/08/2024

محکمہ داخلہ پنجاب نے اسلحہ لائسنس کے اختیارات ڈپٹی کمشنرز کو منتقل کردیئے، نوٹیفیکیشن

اختیارات کی منتقلی پنجاب آرمز رولز 2023 کے تحت کی گئی، نوٹیفیکیشن

انفرادی اسلحہ لائسنس منتقلی کے اختیارات ڈی ایس جوڈیشل/ متعلقہ ڈپٹی کمشنر لو مل گئے

موجودہ کیٹیگری میں اسلحہ، بور کی تبدیلی، گولیوں میں اضافے کے اختیارات سونپ دیئے گئے

ڈوپلیکیٹ اسلحہ لائسنس اجراء کے تمام اختیارات بھی ڈپٹی کمشنرز کو دے دئیے گئے
نوٹیفکیشن جاری 👇