The Legal Ways

11/10/2024

کسی بھی کیس می۔ ضروری پارٹی" - "مناسب پارٹی" سے کیا مراد ہے ۔
PLD 2023 Lahore 503

" Necessary party " - " Proper party " --- Distinction --- Party , without whose absence a suit cannot be proceeded with and a final and binding decree cannot be passed , is called " necessary party " Person whose presence is necessary for the adjudication of all issues and matters involved in the suit and whose interest in or against the relief or the subject matter of the suit may be marginal , nominal , Ilimited or none , is a " proper party " --- Person against whom no relief is asked for could hardly be a necessary party but may be a proper party --- Another difference between the effect of non - impleadment of a necessary or a proper party is that a suit in which a necessary party is not impleaded , is bad while a suit in which a proper party is not impleaded , is not bad .

15/04/2024

Ever heard of "New Comer Injunction"?
The Honourable Supreme Court of UK headed by three Honourable Judges in its judgment has introduced the concept of "New comer Injunction and the same is embossed in the 2024 SCMR 215.

Injunction---
----"Newcomer injunction", concept of---Scope and principles---Injunction against persons unknown---Whether the court has the power to grant injunctions against persons who are unknown and unidentified at the date of the grant of the injunction, and who have not yet performed, or even threatened to perform, the acts which the injunction prohibits---Held, that court has power to grant newcomer injunctions--However, it should only exercise this power in circumstances where there is a compelling need to protect civil rights or to enforce public law that is not adequately met by any other available remedies---Furthermore, newcomer injunctions should only be made subject to procedural safeguards designed to protect newcomers' rights---Detailed principles and pre-requisites related to grant of a newcomer injunction stated.

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11/08/2023

2023 PCrLJ 735

Recording evidence of a witness who is deaf and dumb.

While examining a deaf and dumb witness, following steps should be taken by the learned trial Courts:

1. To ascertain whether such a witness possesses the requisite amount of intelligence;

2. Whether he understands the nature of oath;

3. Trial Court is also required to record his satisfaction to that effect;

4. The trial Court is required to ascertain, if the witness either by writing or sign can make intelligible of what he has to speak;

5. If he is able to communicate his statement perfectly by writing, it will be more satisfactory method of taking evidence;

6. When such a witness is unable to write, then he can make sign showing what he wants to say;

7. If it is by signs, those signs must be recorded by the learned trial Court and not only the interpretations of those signs;

8. It is necessary to enable the appellate Court to know whether the interpretation of the sign is correct or not;

9. It is not safe for a trial Court to embark upon the examination of a deaf and dumb person on his own without help of an expert or a person familiar with his mode of conveying ideas to others in day to day life;

10. The interpreter should not be a interested person, who had participated in the investigation and who is a witness in the same trial;

11. Interpreter should be a person of the same surrounding but should not have any interest in the case and he should be administered oath;

08/08/2023

Senior Partner Advocate Raja Zamir Ud Din Ahmed of the Legal Ways Law firm has been Appointed as Assistant Attorney General of Pakistan.

29/07/2023

2022 SCMR 25

"Ex debito justitiae", doctrine
اس قانونی اصول کا کیا مطلب ہے اور اصول عدالت کب اور کیسے استعمال کیا جاتا ہے ۔عدالت اس اصول کے تحت کے عدالت کو احتیار حاصل ہے کہ درخواست گزار کی کوئی بھی دادرسی قانونی کارروائی کو دوسری قانونی کارروائی میں تبدیل کر سکتا ہے.

Power of court to convert and or treat one kind of proceeding into another

(f) "Ex debito justitiae", doctrine of---
----Meaning and scope---Power of court to convert and or treat one kind of proceeding into another---Doctrine of "ex debito justitiae" applied to the remedies that the court was bound to give when they were claimed as distinct from those that it had discretion to grant --- Power of a court to act ex-debito justitiae was an inherent power of courts to fix the procedural errors if arising from courts own omission or oversight which resulted in violation of the principles of natural justice or due process, provided the conduct of the party applying had not been such as to disentitle him to the relief---While applying the doctrine of ex debito justitiae, the conduct of the parties was also very relevant and significant which could not be ignored lightly.

Muhammad Salman v. Naveed Anjum and others 2021 SCMR 1675 ref.

21/07/2023

Vویڈیو کال، وٹس اپ، فیس بک میسنجر وغیرہ کے ذریعہ شہادت ریکارڈ کی جاسکتی ہے۔
قانون شہادت آرڈر 1984 میں اہم ترمیم

The Criminal Laws (Amendment) Act, 2023

Amendment of Article 164, Qanun-e-Shahadat Order, 1984'-
ln the Qanun-e-Shahadat Order, 1984, for Article 164, the following shall be substituted, namely:

"164. Production of evidence that has become available because of modern devices or information system, etc.
Depending on the nature of case and circumstances, the Court may, if deem appropriate, allow to be produced any evidence of witness(s) recorded by the Court through the modern devices or techniques includlng video call, viber, Skype lmo, Whatsapp, facebook messenger, line caller and video conference etc ".

17/07/2023

سزائے موت کے خلاف اپیل دائر کرنے کی معیاد (7)سات دن سے بڑھا کر
(30) تیس دن کر دی گئی ہے....

05/01/2023