Quaid E Azam Law Chamber

23/04/2023

23/04/2023

DIVORCE BY HUSBAND RESIDING ABROAD PROCEDURE:

Case Law: (PLD 2020 Lahore 679)

Where husband is not a Pakistani National or even if both husband and wife are not Pakistani national they can get divorce in Pakistan provided that the marriage is registered in Pakistan by adopting following procedure, in case of husband:-

1. Husband will send a power of attorney to his lawyer;

2. Power of attorney should be attested from the Pakistani embassy or consulate of the country where he is residing;

3. Where a lawyer receives the power of attorney, he will proceed according to law;

4. Proceedings of overseas divorce in Pakistan are conducted in Arbitration council

5. Minimum 90 days proceedings will be conducted by lawyer in arbitration council;

6. After the proceedings of overseas divorce in Pakistan, a divorce certificate will be issued by NADRA through arbitration council and this certificate is considered as sole and only proof of divorce.

23/04/2023

Bail- Offences not falling within the prohibition contained in section 497 , Cr.P.C. - In such like cases grant of bail is a rule and refusal is an exception exception۔

22/04/2023

رانا ندیم افضل ایڈووکیٹ ہائی کورٹ کی طرف سے تمام اہل اسلام کو عید الفطر کی خوشیاں مبارک ہوں

گاوں لپےوالی میں عید الفطر ملتے ہوئے

04/04/2023

2023 PCrLJ 427

Re-investigation after submission of challan................
There is no embargo on the transfer of investigation from one police officer to the other and to carry out further or fresh/re-investigation of the case even after submission of challan in the Court.

Perusal of Article 18A(1) of Police Order, 2002, reveals that for dealing with application for change of investigation, two steps are necessary for District Police Officer i.e. (i) to get opinion from District Standing Board and (ii) after receipt of opinion from District Standing Board to give reasons in writing. Getting opinion from District Standing Board is inclusive and not conclusive. Therefore, opinion of District Standing Board cannot be made as a “sole” basis for change of investigation; District Police Officer is not bound to accept said opinion blindfoldly, rather after receipt of said opinion, he has to examine entire facts and then while giving express/valid reasons in writing to pass order regarding change of investigation or otherwise, as the case may be.

It goes without saying that under Chapter 25 Rule 55 of Police Rules, 1934, police file containing case diaries of the case is sent with challan to the Court because same can be used during trial of the case, as provided under Section: 172 (2) Cr.P.C.
Therefore, if after submission of challan in the court and forwarding police file with the same, further or fresh/re-investigation is going to be ordered and police file is required then providing proper written intimation in this regard to the learned trial court is very much necessary.
It goes without saying that although power to pass order for change of investigation as well as fresh/re-investigation after submission of challan has been considered as “inherent” in Article 18A of Police Order, 2002 yet it is left to the Government (concerned) to see necessity/suitability of express legislation with respect to further, fresh or re-investigation after submission of challan in criminal case.

04/04/2023

2023 PCrLJ 468

If the abduction is not with intention of secrete confinement then section 365, PPC will not attracted.

A careful reading of FIR reveals that an offence under section 365 is not constituted because it is admitted fact that in the FIR, it has been mentioned that at the time of alleged occurrence the petitioners and the complainant were present at the spot and in the presence of complainant, the petitioners along with their co-accused abducted his son forcibly at gunpoint and took him at the shop of Muteen ur Rehman and tied with electric pole and also tortured him. He (complainant) made call on 15, upon which the police party arrived and the accused persons fled away from the place of occurrence.

To better appreciate whether the offence with which the petitioners have been involved falls within the remit of section 365 PPC or 342 PPC, it will be expedient to have careful study of sections 365, 340 and 342 PPC.

After comparative study of op-cit sections, it manifests that in case of kidnapping and abduction of any person with intention to be secretly and wrongfully confined then section 365 PPC will be applied wrongfully confined . Similarly, if a person is simply , the provisions of section 342 PPC will be applicable. After going material collected by the p would attract through the FIR and evidentiary olice, it divulges that Muhammad Shakeel was not confined secretly, in this way section 342 PPC and not section 365 PPC. Anyhow final determination will be made by the learned trial court after recording and evaluating the evidence.

Although, it is a pre-arrest bail application and merits for grant of bail before arrest and after arrest are altogether different but the august Supreme Court of Pakistan in its landmark judgment reported as “Meeran Bux v. The State and another” (PLD 1989 SC 347) has held that while granting pre-arrest bail even the merits of the case can be touched upon.

04/04/2023

● What is ZIMNI in a Criminal case ?
● فوجداری مقدمات میں ضمنی سے کیا مراد ہے ؟

Ref:
Section .172 CrPC
Art. 6 & 155 QSO
Section 25.53 of Police Rules

Section .172 Cr.P.C .....Police Diary is known as Zimni.
Daily Case Diary is prepared by investigation officer about daily proceedings in investigation. Daily Case Diary is prepared under section 172 Cr PC & Police Rules Chapter 25 Rule 53. It is a secret document of investigation officer only court can demand it & inspect it. Defence counsel has no right to inspect it. It is a privileged document under Article No.6 of QSO Read with Police Rules Chapter 27 Rule 16(II).
The investigation officer records in it every detail which he undertooks relating to a particular case. e.g if he records the statement of any person/witness or take remand/ visit spot/ make site plan etc he writes therein.
As it is a privileged diary, it not allowed to be given to accused or his lawyer. Only statements of witnesses which are recorded u/s 161 CrPC are given to accused.

● 2 kinds of Zimni
Anderoni Zimni & Beroni Zimni

○ Anderoni Zimni
Androoni zimni is drafted at police station
○ Beroni Zimni
barooni Zimni is drafted at the place of occurrence, place of recovery etc outside of police station.

04/04/2023

2023 PCrLJ NOTE 43

Delay in post mortem.
Accused was charged for committing murder of the nephew of complainant - Medical Officer , who conducted post mortem examination on the dead body stated before the Trial Court that dead body of the deceased was received in the dead house whereafter autopsy was conducted with the delay of about thirty one hours -- Such delay was generally suggestive of a real possibility that time had been consumed by the police in procuring and planting eye witnesses and in cooking up a story for the prosecution before preparing police papers necessary for getting a post - mortem examination of the dead body conducted - Circumstances established that the prosecution had failed to prove its case against the accused beyond shadow of doubt

04/04/2023

2023 MLD 404

Section 2(2) CPC.
It is evident from the definition of term „decree‟ that the expression of adjudication by the Court may be preliminary or final. According to the Explanation contained at the foot of the said provision, the decree is preliminary if further proceedings have to be taken before whom the suit cannot be completely disposed of, whereas, it will be considered final if the expression of adjudication completely disposes of the suit. Therefore, it is the expression of adjudication and legal consequence in a suit that may assist in legally evaluating the status of a decree.

04/04/2023

2016 SCMR 1225
PLD 1990 SC 1
Land Mark Judgement of SC
Supreme Court observed that "in our male dominated society where the female legal heirs, like sisters and mothers, were consistently deprived even of their 'sharai' shares in inheritance matters, the principle of caution in protecting the legitimate rights of the illiterate/rustic village lady, must be applied vigorously and rigidly."

04/04/2023

اگر حکم امتناعی جاری ہو جاۓ تو جب تک اس کو عدالتی حکم سے ختم نا کیا جاۓ وہ جاری سمجھا جاۓ گا۔
2023 P L C (CS) 103

Civil Procedure Code ( V of 1908 ) ---
-0.###IX , Rr.1 & 2 --- Injunctive order --- Effect --- When an injunctive order is passed the same is to be considered after application of mind while considering facts and circumstances of case --- Such order remains in field till final adjudication or till its recalling or vacating order has been passed by Court .