Insaaf Law Chamber

21/11/2023

Shout out to my newest followers! Excited to have you onboard! Grëãt Müghãl, Muhammad Irfan, Habib Khan

18/02/2022

Dismissal of a suit for specific performance.
September 08, 2021
1. Handwriting expert reported that signature are forged. (2012 CLC 1699)

2. Two attested witnesses were not produced. (2006 CLC 571)
3. Agreement was written by unlicensed person. (2006 CLC 571)
4. Stamp paper was not issued by stamp vendor . (2012 MLD 535)
5. Dates of purchasing stamp paper and endorsement were different. (2011 YLR 404)
6. Purchaser of stamp paper was not produced as witness. (2011 MLD 404)
7. Stamp paper was issued on one date in favour of an unknown person and was executed on another date. (PLD 2008 Queta 01)
8. Payment of whole consideration was paid before ex*****on. (2006 YLR 2446)
9. Scribe was not a registered Waseeqa Navees. (2006 CLC 1444)
10. Register of scribe belongs to another person wherein various pages and serial number were missing. (2006 CLC 1444)
11. Contradiction as to vanue where bargain took place. (2006 CLC 1444)
12. Contradiction as to person who obtained stamp paper. (2006 CLC 1444)
13. Plaintiff failed to produce bank record as to payment of half money. 2006 MLD 886
14. Date, Time, Month and Place of transaction was not given in pleading or evidence. (2005 YLR 2655)
15. Number of N.I.C was different from number on agreement. (2002 CLC 942)
15A. National Identity Card number was not written. ( 2005 YLR 3163)
16. Land was situated at a place whereas stamp paper was purchased from another place. (2002 CLC 942)
17. Neither vendor of stamp paper nor scribe was produced. (2001 YLR 2145)
18. Agreement was scribed on plain paper and was written by unlicensed petition-writer whereas both were available as nearby place. ( 1996 MLD 562)
19. Stamp paper was purchased at one date and executed after one week, stamp paper neither showed name of stamp vendor nor the place from where it was purchased. (1992 CLC 2193)
20. Failure to deposit balance amount. (PLD 2002 Lah 88, 2012 CLC 1392)
21. Two marginal witnesses were not produced. (2013 YLR 903,
22. Payment of consideration not proved.( 2006 YLR 1039 )
23. Document was not put before witness. ( 2006 MLD 1622)
24. One witness was not produced without any reason/ explanation. ( 2006 MLD 1622)
25. Scribe admitted that alleged promisor was not present at the time of ex*****on neither he signed before him. ( 2006 MLD 1622)
26. Claim of plaintiff valuing 25 lac was based on a document which was not registered. ( 2011 CLC 309)
27. Agreement was signed twice. ( 2011 CLC 309)
28. Original agreement to sell not produced…loss of agreement not pleaded….no attempt was made to produce secondary evidence…plaintiff was not confronted with…Executant defendant was not identified by anyone. ( 2005 YLR 463 )
29. National Identity Card number was not written. ( 2005 YLR 3163)
30. Lost of original document not proved. ( 1995 SCMR 1237)
31. It is doubtful that plaintiff paid whole consideration but did not insist for registered sale deed in his favour. ( 2006 YLR 2779)
32 .Dismissal of sut without recording evidence is illegal.
(2000.MLD.1155)

01/02/2022

04/01/2022

Falsus in uno falsus in omnibus”--

----It is settled by now that a witness who lied about any material fact must be disbelieved as to all other facts by applying principle of falsus in uno falsus in omnibus. [P. 288] C

2018 SCMR 344; PLD 2019 SC 527.

01/01/2022

Duty of state to protect marriage.

2021 LHC 3984

01/01/2022

PL D 2021 Peshawar 41
(b) Divorce Act (IV of 1869)---
Ss. 10 & 22 ---Family Courts Act(###V of 1964), S. 5--- Christian divorce or Separation --- Reasons, non mentioning of --- parties were Christians and family court dissolved the marriage merely on the statement of wife--- validity --- Bond of marriage between christian husband and wife was of permanent nature--- wife had to prove her case on concrete facts after leading reliable and cogent evidence to facts on which claim of dissolution of marriage was based, only then court could grant decree for a judicial separation within the meaning of S. 22 or S. 10 of Divorce Act , 1869.
It is settled position that Muslim Family Law Ordinance ,1961 applies only to muslins as provided in Section 1 subsection (2) of the said ordinance.
Case remanded.

01/01/2022

2021 SCMR 1815

Prevention of Electronic Crimes Act (XL of 2016)---
---Ss. 20, 21 & 24---Penal Code (XLV of 1860), S. 109--Constitution of Pakistan, Art. 185(3)---Sexual harassment of woman by posting her photographs on social media using a cellular device---Bail, grant of-- Investigating officer collected photographs during the course of investigation---Perusal of said photographs showed that some of them could be termed as close to nudity but they were not recognizable Other photographs were in full attire without any question of immorality---Issue of said photographs could be resolved by the Trial Court after recording of evidence more authoritatively---Furthermore the accused was behind bars since more than 03 months---Petition for leave to appeal was converted into appeal and allowed, and accused was admitted to bail.

01/01/2022

2021 LHC 695
Ingredients of an agreement to sell.

An agreement to sell should contain the following constituents:-
i) Identification of seller and purchaser,
ii) Sale consideration amount,
iii) Identification of property to be sold,
iv) Parties to agreement to sell property at consensus ad idem.

31/12/2021

2016 S C M R 2084*

Criminal Procedure Code (V of 1898)---
----S. 539-B---Power of local inspection----Scope---Section 539-B, Cr.P.C. gave power to a trial Judge or a Magistrate to visit and inspect the place of occurrence or any other place after due notice to the parties, if necessary for properly appreciating the evidence given during the trial---Such power could not be delegated by the trial Judge to any other subordinate or even a subordinate judicial officer to visit the place of occurrence as a Commission.

27/12/2021

Ubi jus ibi remedium--Scope---Where one's right is invaded or infringed, the law provides a remedy to protect it.
2021 MLD Lah 2077