Sialkot Legal Titans

Sialkot Legal Titans We provide services for NTN/ GST, Income Tax Return. WHT, Company/ Firm /Trade Mark Registration.

We Represent clients in criminal and civil litigation, corporate and other legal proceedings, draw up legal documents, legal opinion on legal transactions.

27/11/2023

2023 SCMR 1068

The doctrine of parity or rule of consistency in a criminal case elucidates that if the case of the accused is analogous in all respects to that of the co-accused then the benefit or advantage extended to one accused should also be extended to the co-accused on the philosophy that the “like cases should be treated alike”. The concept of equal justice requires the appropriate comparability of roles and overt act attributed to the co-offenders, but in case of difference or disparity in the roles due allowance cannot be extended to the co-offenders on the perspicacity that different sentences may reflect different degrees of culpability and or different circumstances.

10/07/2022

May the Blessings of ALLAH Fill our lives with happiness and open all doors of success now and forever. EID UL ADHA MUBARAK to all MUSLIMS....
Muhammad Hamid Yasin (AHC)

25/04/2022

2022 CLC 507
The learned Judge Family Court declined to fix interim maintenance allowance of the respondent-wife as it had yet to be established, whether she was living apart from her husband due to his fault or on her own free-will without justification. The main grievance of the petitioner is that order of the Judge Family Court declining to fix interim maintenance allowance of the respondent-wife being an interlocutory order was not appealable; hence the appellate court had exceeded its jurisdiction to entertain appeal. the affected party, may in appropriate circumstances where impugned order is not based on any sound reasoning, agitate the matter before the appellate authority by filing an appeal against the decision given on his/her application in terms of Section 14 of the Family Courts Act, 1964 which appeal was rightly entertained by the learned Addl. District Judge and the order passed by him could not be stated to be without lawful authority in the given circumstances of the case on the ground of non-availability of the appeal.

25/04/2022

2021 MLD 1937

This is not a case of inheritance. The appellants have challenged the mutation, gift deed and Tamleek Nama on the ground of fraud with the contention that those were got sanctioned to deprive the appellants. This is also interesting that the owner who transferred the properties through mutations, gift deed and Tamleek Nama all pertains to the years 1949 and 1976. Said owner remained alive till the year 1991 and this factor has not been denied in any way by the appellants. The registered instruments were challenged by the appellants after decays through institution of suit on 10.10.2000. In such like cases, it is sine qua non for the seeker to stand on its own legs, who cannot be benefitted for weaknesses, if any, of the adversary.
The registered document attaches sanctity and there is no ground to disbelieve those documents. The other important question in this proposition was the locus standi to the appellants to agitate/challenge those mutations after a period of more than 30/40 years. The owner remained alive for remarkable period and appellants did not challenge anything in his life time. Inheritance opens after death of the owner of the property and not during the life. These mutations were sanctioned during life time of the owner. Being descendants definitely appellants have no locus standi to challenge the aforesaid mutations.
2021 MLD 1937

24/04/2022

PLD 2020 ISB 184
Decree for specific performance of agreement to sell.No obligatory upon court to pass judgment for specific performance of agreement in favor of plaintiff in all cases, even in cases where agreement has been proved, as relief of specific performance is discretionary.

22/04/2022

Section 2(m), Section 29, 32, 36 & 37 of Mental Health Ordinance, (VII of 2001). The Manager of Property and person of the mentally disordered person is debarred to alienate the property without obtaining explicit prior permission from the court of competent jurisdiction.
Civil Revision
18523/22
Azhar Ali Vs Khalid Iqbal etc
Mr. Justice Ch. Muhammad Iqbal
30-03-2022
2022 LHC 2768

21/04/2022

2022 SCMR 647

Muslim Personal Law (Shariat) Application Act (V of 1962), Preamble---Res judicata , doctrine of---Applicability---Muslim Personal Law---Doctrine of res judicata was applicable with regard to Muslim Personal Law (Shariat) Application Act, 1962.

Res judicata , doctrine of---Scope---Public policy requires that disputes once finally decided should not be reopened.

21/04/2022

2013 CLC Lahore 235

Section 25 of Guardian and Ward Act 1890
Minor, Wefare of – Minor daughter was living with her mother and Guardian Court declined to interfere in the custody but lower Appellate Court handed over the minor to her father – Validity – Love and affection of a mother could not be compared with – welfare of minor was to be given paramount consideration for disposal os such like questions i.e. custody of mionr and for that purpose any other consideration, even personal law of the parties was was sometimes preferred to be ignored – whenever any such circumstances existed or controveries were brought before the court, Judge performed his jurisdiction like parents- Tearing apart the minor from lap of her mother, who at such stage, for the sake and better ment of mior, even was taking risk of her matrimonial life with her second husband, would affect mental, psychological and physical uplift of the mior – High court in exercise of constitutional jurisdiction, set aside the judgment and decree passed by Appellant court and restored that the Guardian Court.
Petition was allowed.

17/04/2022

2022 CLC 744
Court has discretion to allow or disallow specific performance of the Agreement. This discretion cannot be exercised arbitrarily but ought to be used on sound, reasonable and judicial principles. Further the relief of specific performance is an equitable relief and it can be granted keeping in view the principles of equity.

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