Determining factors

In public auctions it is imperative that reserve price is determined in the most transparent manner because it is in the interest of all the parties that mortgaged asset must fetch best and highest price

Before finalization of reserve price, there are two conditions precedent; first, to ensure that independent evaluators from the list of Pakistan Banks Association have been appointed who may evaluate the property according to its location, commercial value as well as assess rate compatible to DC rates' value

Executing Court instead of determining reserve price through independent source proceeded on the wishful thinking of decree holder bank

Record was bereft of sufficient material justifying that on what clue or commercial assessment bank presented reserve price

Secondly while attempting sale of property of judgment debtor for execution and satisfaction of decree, wide publicity should be given through proclamation of sale in order to fetch the highest and most handsome price for the property

Such an exercise assisted in attracting the attention of participation of public at large and compliance thereof would maintain balance and protect rights and liabilities of parties according to established norms and standards

High Court set aside order passed by Executing Court, dismissing objections filed by judgment debtor, as the same was passed in violation of law

High Court remanded the matter to Executing Court to hold auction proceedings afresh from the stage of issuance of notices under O. XXI, R. 66, C.P.C.

High Court directed Executing Court that before holding auction reserve price should be determined after receiving evaluation report for the subject matter property through an independent evaluator

Appeal was allowed accordingly.

Held, that petitioner was settled abroad and had filed petition under section 25 of Guardians and Wards Act, 1890 through special attorney who appeared as petitioner's witness

Such fact also showed petitioner's lack of affection and love as well as care for the minors

Petitioner neither joined proceedings during pendency of petition before Trial Court nor bothered to appear before Lower Appellate Court

There was nothing on record to suggest that respondent /mother was not taking care of minors in a proper way or that she was not getting them educated so as to make them useful citizens

Respondent /mother of minors did not enter into second marital bond for the sake of her children and welfare of minors was with respondent /mother

Poverty could not be considered a valid ground for disentitling respondent/ mother from custody of minors

Paramount consideration for Court in making order under section 7 of Guardians and Wards Act, 1890 of appointment of guardian of minor is that it should be satisfied that the order is for welfare of minor

Although father is a natural guardian of his minor children, yet court has to be satisfied while appointing father as a guardian that welfare of minor lies in the fact that he be appointed as a guardian and the custody of minor be delivered accordingly

Supreme Court declined to interfere in judgment passed by High Court

Petition for leave to appeal was dismissed and leave was refused.

The petitioner married respondent No.1 and out of the wedlock minor son was born, however, respondent No.1 (mother of minor) left petitioner's home and later filed a suit for custody before the family court which was dismissed granting custody to the mother

The petitioner (father of minor) filed an appeal before the District Court which was also dismissed

Being aggrieved the petitioner filed the present constitutional petition under Art.199 of the Constitution seeking custody of the minor

Held: Prime consideration for deciding the present petition for custody of minor was the welfare of minor and nothing else

Admittedly, the minor was living with the respondent No.1/real mother since his birth and thus had developed great love and affection towards her and if at this stage, his custody was disturbed, it would adversely affect his upbringing

The respondent No.1 was the real mother of the minor and there was no substitute of a real mother on the earth

Lap of mother was considered as cradle of God, therefore, in the presence of real mother it would have been very harsh for the minor to be left at the mercy of anyone else

Besides, she (mother) had not yet contracted second marriage

Admittedly, mother of a child always has natural love and affection for her children and also is the best guardian

This is the reason that Islamic law recognized the preferential right of mother to the custody of her minor children

Moreover, petitioner (father) being a government servant was often out of home and there was no female in the house to take care of the minor

Although mother has a right of Hizanat of a minor child till the age of seven years but as the Guardian Court enjoys loco parenti jurisdiction while deciding the custody of minor(s), therefore, no infirmity was found in the impugned judgments passed by courts below

It was clear from the record that respondent No.1(mother) was looking after the minor in an appropriate manner, while the minor was also studying in a good school and nothing was brought on record which could have indicated that the minor child was being brought up and looked after in a bad manner

Mere relationship of minor with petitioner (father) was not a sufficient ground to handover his custody to him and it would not be in interest of minor to put him in an alien environment where there was no one to properly look after him

Constitutional petition was dismissed, in circumstances.

While determining market value of acquired land, not only existing potentiality and market value of acquired land is to be considered but its future potentiality is also to be considered

Acquiring of land is not a transaction between a willing purchaser and a willing seller, rather it is a transaction which has been enforced upon land owner

While determining market value of acquired land, land owners are not only to be paid market value of acquired land but they are to be compensated in such a manner that in future they may not fell any depravation for striking a losing transaction

High Court declined to interfere in judgment and decree passed by Referee Judge as the same was well reasoned

Appeal was dismissed, in circumstances.

Plea raised by appellant / Authority was that Referee Court neither took into consideration market value of land nor report of field staff

Validity

Evidence brought on record by parties was to be seen in its entirety, stressing less qua obligation of onus to prove and applying principle of preponderance of evidence

Appellant / Authority succeeded to prove that amount of compensation determined by Referee Court was exorbitant

Referee Court did not properly appreciate material / evidence brought on record, including report of field staff, facts of the case, applicable law and dictum laid down by superior Courts while passing decision in question

None of the members of District Price Assessment Committee was produced in evidence to explain criteria adopted by it while fixing price

Award as well as decree passed by Referee Court did not reflect independent assessment by Land Acquisition Collector and Referee Court keeping in view the complexions and character of acquired land

High Court reduced compensation awarded by Referee Court, keeping in view the report of field staff

Appeal was allowed accordingly.

Entitlement as per Muslim Personal Law is not the sole ground for granting custody of a minor to either side rather the determining principle to rule the question of custody of a minor in favour of any side is the question of welfare of minor.

Guardian petition filed by maternal grandmother/ respondent through her daughter being special attorney against the father of minor/petitioner was dismissed by the Guardian Court, but the same was allowed by the Appellate Court

Petitioner challenged appellate decision through a constitutional petition in which despite grant of stay of execution proceedings, executing court went on to pass the impugned orders and handed over the custody of the minor

Validity

Paramount and supreme consideration in custody of minor is the welfare of minor and nothing else

Any issue regarding the custody of minor is to be assessed, examined and measured by the Guardian Courts on such yardstick and the Court has to record a definite finding on the point before passing any order in the matter

Guardian Court, while passing order, has to see the age, sex, environment under which the minor is being brought up and all the attending circumstances, position of parties and also the law to which the minor is subject to

Nothing had been alleged against petitioner, which could disqualify or disentitle him from custody of the minor

Petitioner had better capacity to look after and educate his daughter and did not have any disqualification envisaged by law and even otherwise he right from inception was vigorously pursuing the remedies to obtain the custody of his daughter, whereas the respondent/maternal grandmother was aged about 80 years and in bad health having no source of income

Factum of ailment of the respondent was admitted by her daughter being her special attorney during her cross-examination

Respondent was fully dependent on her daughters, who were working ladies and most of the time they remained at their job places and one of them converted from Islam to Bahai religion

Minor was studying at Lahore after shifting from Rawalpindi to Lahore and she was getting proper education at a private school

Executing Court instead of complying with the stay order passed by High Court proceeded to continue execution proceedings, which was highly objectionable

High Court directed the District Judge to probe into the matter and submit a report for further necessary action

Constitutional jurisdiction vested in terms of Art.199 of the Constitution casts a duty upon the court to curb the illegality or gross misreading committed by any of the courts below, while determining the rights of the parties

Constitutional petitions were allowed, in circumstances.

Petitioner was father of minor children who sought their custody on the plea that respondent-mother had illegally removed them from habitual residence in Canada to Pakistan

Validity

In custody disputes, concept of child's best interest prioritizes the child's welfare and well-being above parents' interests

It requires a thorough assessment of various factors, including their physical, emotional and psychological welfare and their cultural, social and educational needs

It emphasizes that subject to their age and maturity, child's opinions and preferences should be given due consideration when determining custody arrangements, ensuring their active participation in decision-making

Decisions must not discriminate against the child based on factors such as gender, race or disability

Instead, children should be provided a safe growth and long-term happiness

Respondent-mother applied to Family Court in Lahore under S. 7 of Guardians and Wards Act, 1890 for appointment as guardian of children and her application was accepted by Family Court

Petitioner-father alleged fraud and misrepresentation by respondent-mother and had challenged that order under S. 12(2), C.P.C.

Family Court suspended its order to inquire into such allegations and matter was pending, where evidence was needed to be recorded to resolve such controversy between the parties

High Court in exercise of Constitutional jurisdiction declined to interfere in the matter and petitioner-father was to seek remedy before Family Court

Constitutional petition was disposed of accordingly.

Held, that if the contention with regard to second marriage of the respondent (mother) was taken as true, even then welfare and well-being of the minor daughter was with her real mother in view of the fact that the petitioner was a truck driver and remained out of home for his job and it would never be in the interest and welfare of the minor to remain in custody of her step-mother more particularly when her real mother was alive

Paramount consideration while deciding the question of custody is the welfare of the minor irrespective of age, sex, and religion

Primarily, welfare includes his/her moral, spiritual and material wellbeing

While considering what is the welfare of the minor the Court should have regard to the age, sex, religion of the minor, the character and capacity of the proposed guardian and the preference of the minor, if he or she is intelligent enough to make it

In cases, concerning custody of a child, the Family Court is not required to go into intricacies/technicalities of the matter and should confine its findings to the extent of welfare of the child/minor, which is a paramount consideration

In the present case minor was aged about 10 years and she could not be taken away from the mother, who was more caring to her daughter, and due to her love and affection had not contracted second marriage and made hectic efforts by running from pillar to post merely to continue custody of her daughter

In contrast the petitioner (father) took a second wife

Constitutional petition was dismissed, in circumstances.

Vires of any legislation are to be struck down on two grounds: firstly, where the appropriate legislature did not have competency to make law; and secondly, where its enactment abridges any of the fundamental rights annunciated in the Constitution or any other Constitutional provision.

Appellant was land acquiring authority and aggrieved of enhancing of compensation regarding acquired land owned by respondent / landowner

Plea raised by appellant / authority was that all documents relied upon by Referee Court were exhibited during statement of counsel for respondent / landowner

Validity

Respondent / landowner got exhibited as many as seventeen (17) documents during statement of his counsel

Referee Court as well as both the parties in total oblivion of legal position had allowed those documents to be exhibited

Such exercise was not permissible under well-established principles of law

Best evidence helpful to resolve the controversy was lost which had seriously affected precious rights of parties

High Court directed for strict adherence of such principle to ensure substantial justice and to save parties from substantial loss

High Court in exercise of appellate jurisdiction reduced the compensation from Rs.2,000,000/- per Acre to Rs.1,500,000/- along with 15% compulsory acquisition charges and compound interest at the rate of 8% from the date of possession of acquired land to date of payment of enhanced amount of compensation

Appeal was allowed accordingly.

Jurisdiction of Civil Courts to try civil cases can be classified into (a) territorial jurisdiction; (b) pecuniary jurisdiction; and (c) jurisdiction over subject matter

Jurisdiction over subject matter of suit of civil nature is most pivotal and determinative as regard assumption and exercise of jurisdiction by any Civil Court, such jurisdiction is through special enactments and statutes.

Plaintiffs sought recovery of damages for the death of their predecessor-in-interest caused due to rash and negligent driving of a vehicle driven and owned by defendants

Validity

Factum of death of predecessor-in-interest of plaintiffs was admitted fact

Liability of such gross wrongful act fell on defendants

Claim of damages was maintainable under Fatal Accidents Act, 1855

Deceased was 52 years old man, his nature of business was business of "dates" and simultaneously indulging in business of import/export of "dates"

Longevity in family of deceased had established life expectancy of 75 years

Deceased could also have lived for another 23 years approximately, therefore, the claim of awarding damages of Rupees 1,25,00,000/- was justifiable and the same was granted

Suit was decree accordingly.

Plea raised by plaintiff was that Inquiry Committee was not properly constituted and had also sought recovery of special as well as general damages

Validity

Documents exhibited by plaintiff during his evidence did not bear signature of competent authority

Services of plaintiff was terminated by Inquiry Committee without any legal authority or legislative competency

First Enquiry Report exonerated plaintiff from charges leveled against him

No charge of misconduct remained against plaintiff unless there was something to add on

Re-opening a closed legal event attracted double jeopardy

Damages were always divided into two categories, first were Special damages to be specifically pleaded and proved, which were what plaintiff had claimed regarding loss of earning and out of pocket expenses

Such special damages were generally capable of exact calculation

Second kind of damages were general damages which in law were implied upon happening of certain event and so also in case of a favourable decision for a party

General damages could not be specifically pleaded and were not capable of exact proof strictly, though such damages were not specifically pleaded and proved but any shortcoming or deficiency in plaint or in the evidence would not come in the way of Court to grant any such damages once plaintiff was entitled for such relief

Plaintiff was entitled for some appropriate compensation payable by defendant company

High Court considered quantum of salary which plaintiff was earning, his future economic loss which he suffered due to his wrongful dismissal (including pension prospects, gratuity, medical and other service benefits available to such employees) and fixed an amount of Rs. 25,105,197 (Rupees two crore fifty-one lac five thousand one hundred and ninety-seven only) in lieu thereof as damages/compensation with simple mark-up at the rate of 6% per annum from the date of decree till its realization

Suit was decreed accordingly.

While determining market value of acquired land through compulsory acquisition process, fundamental right of land owners as enshrined in Art. 24 of the Constitution has been made subservient to Land Acquisition Act, 1894

Through such process, a citizen has been pushed to a disadvantageous position

With such background of transaction, land owner has every right that he / they may be compensated on the basis of phenomenon of "gold for gold and not copper for gold".

Held, that court had to see the welfare of the minor, keeping in view whether the person to whom the custody was being given, could facilitate the minor with respect to the health, education and other social norms which were required to build up the person of the minor; what was the financial status of the claiming person as guardian; whether person was capable of having the guardianship as to make the minor a good citizen in a real sense; whether the guardian himself follows law; whether he/she had respect for the law; whether he/she understood regarding the good and bad things/norms of the society; whether he/she had the level of intellect to train the minor to be a good and useful citizen of the society

Character building was not an easy task

Person who was always thinking about his/her benefit, could not be a good leader to build the character of the others.

In order to know true intent of Legislature, conditions inducing its necessity; the scheme behind it coupled with context of the issue being addressed; subject it seeks to cover; and any other provision either adding or enlarging its purport and scope or providing continuity to it, have to be taken into account.

When preliminary decree is passed, Court does not become functus officio and retain control over action even after decree

Suit remains pending till such time a proper final decree is passed and right of parties are determined

If a question arises as to whether a decree is preliminary or final, it has to be decided by a reference to decree itself

Decree is preliminary when further proceedings have to be taken before the suit can be completely disposed of, it is final where such adjudication completely disposes of the suit.

Compensation is based on principle of equivalence which essentially has meaning of restoring injured party to his/her former position or to give equivalent for the loss sustained

Neither should affected party be enriched nor impoverished

Duty of State is to put owner of condemned property in same position as the latter was before

Quantum of compensation must be equivalent to injury or loss suffered

In the context of eminent domain it is implicit in the expression 'compensation' that injured party is at least put in a position as the latter was before so that opportunity to rehabilitate or resettle is not lost

It is right of every person whose property is intended to be taken to be dealt with fairly, justly, equitably and in accordance with law

Such is implicit in the right that duty of public functionaries is to ensure that market value is determined in a transparent manner

Procedures and policies should be clear, predictable and enforceable

Adoption of principles of good governance is of paramount importance for ensuring that affected does not lose confidence in the system.

While granting costs under S.35, C.P.C., Court needed to determine that actual costs of litigation claimed were reasonable and cost award was fair to successful party as well as the losing parting

In determining quantum of cost of litigation award, principle of proportionality had to remain a guiding consideration

Court must consider whether costs incurred were justified in circumstances of the case

Costs claimed and awarded must be fair and reasonable taking into account complexity of matter, time that ought to have been expended by reasonable and conscientious attorney (including human resources of a law firm that were required to be employed in relation to the matter), experience of attorney and reasonable fee that litigant would pay to such attorney without knowing whether or not such fee would be recoverable, given that the outcome in litigation could never be predicted with absolute certainty

Executing Court did not determine actual costs of litigation incurred by appellant in execution proceedings pending before it

Costs awarded by Executing Court was neither actual cost incurred as claimed by appellant nor was supported by any reasoning as to how such amount was calculated or what part of cost claim was disallowed by the Court and why

High Court set aside order of Executing Court to the extent of award of costs to appellant and remanded the matter to determine actual costs of litigation incurred by appellant in relation to execution proceedings pending before Executing Court and not costs incurred in relation to proceedings before another Court such as High Court and Supreme Court

Appeal was allowed accordingly.

Rules to determine as to whether a graveyard was a "public" or a "private" one were (i) even though there was no direct evidence of dedication to public, it could be presumed to be a public graveyard by immemorial user i.e. where the corpses of the members of Muslim community had been buried in a particular graveyard for a large number of years without any objection from the owners. The fact that owner permitted such burials did not make any difference at all; (ii) if graveyard was a "private" or a "family graveyard" then it should contain graves of only the founder, members of his family or his descendents and no others. Once even in a family graveyard members of public were allowed to bury their dead, the private graveyard would shed its character and became public graveyard; (iii) in order to prove that graveyard was public dedication it must be shown by multiplying instances of the character, nature and extent of buries form time to time

In other words there should be evidence to show that a large number of members of Muslim community had buried their corpses from time to time in the graveyard. Once such was found, then Court was to presume that graveyard was a public one; and (iv) where burial ground was mentioned as public graveyard in either a revenue record or historic papers that would be conclusive proof of a public character of a graveyard

Sale or purchase if any made in suit land either through mutation or registered deed was illegal, without lawful authority and without jurisdiction and the same was liable to be cancelled

High Court directed revenue officials to rectify revenue record and concurrent judgments and decrees passed by two Courts below were set aside

Revision was allowed accordingly.

Appellant was aggrieved of order passed by Single Judge of High Court recalling its earlier order passed at interim stage

Validity

Test to determine finality of an order was whether judgment or order had finally disposed of rights of parties

Finality was to be a finality in relation to the suit

If after the order, suit was alive in which rights of parties were yet to be determined, no appeal lied against such order

Order which decided an important and even vital issue was by itself not material

If decision on an issue put an end to suit, such order was a final one but if suit was still alive and was to be tried in ordinary way, no finality was attached to such order

Order passed by Single Judge of High Court in Constitutional petition was an interim or interlocutory order which did not have effect of disposing of entire case put up before High Court

Division Bench of High Court declined to interfere in order passed by Single Judge of High Court as jurisdiction was barred under S.3(3) of Law Reforms Ordinance, 1972

Intra Court Appeal was dismissed, in circumstances.

Where the amount of decree passed by the High Court under the Financial Institutions (Recovery of Finances) Ordinance, 2001, was less than the amount claimed in the suit by the Plaintiff and such amount fell below the threshold of the pecuniary limit for the High Court to exercise its jurisdiction, even then, the execution proceedings would be held in the High Court which passed the decree in the first place as the Court which initially assumed the jurisdiction on the basis of the value fixed by the Decree Holder in the plaint was the only forum which had the pecuniary jurisdiction to execute the decree and to decide all ancillary matters relating to the execution, discharge and satisfaction of the decree.

Awarding of conviction required establishment of offence but it did not necessarily require the court to award maximum punishment rather court should examine gathering circumstances so as to justify maximum sentence.

Broad guidelines to be followed while exercising discretion for determining the quantum of sentence in the facts and circumstances of each case detailed.

Accused persons were arrested and alleged to have pointed places of recovery of murder without recovery of any dead bodies

Accused persons were convicted for causing qatl-i-amd and sentenced to imprisonment for life

Validity

Unexplained delay in recording confession, torture upon maker of confession during course of investigation, omission to mention factum of removal of handcuffs, failure of Magistrate to mention grant of time prior to making confessional statement, note recorded by Magistrate regarding production of accused at a particular time and recording statement at same time had cast serious doubt about voluntariness of confession

Pointing of places without any recovery was of little help to prosecution to prove guilt of accused persons as same was inadmissible in evidence

Federal Shariat Court extended benefit of doubt to persons as a matter of right and set aside conviction and sentence awarded to them by Trial Court

Appeal for enhancement of sentence was dismissed in circumstances.

While assessing compensation of land/property, Land Acquisition Collector and also the Courts are to bear in mind that under S.23 of Land Acquisition Act, 1894, market value of land alone is not to be considered

Potential value of land/property has to be calculated and/or figured out

If there is a considerable delay between notification under S.4 of Land Acquisition Act, 1894, and date of announcement of Award, then delay is also to be factored in whilst calculating potential value of land/property as prices of land/property may have escalated during intervening period

High Court observed that it would be unjust to owner of land if he is not given the benefit of escalation.

Not only market value of land but also other factors, which by any means affected interest of petitioner, would be considered for determination of compensation which was to be awarded to landowner in lieu of his property.

Landowner filed reference petition under S.18 of Land Acquisition Act, 1894 for enhancement of compensation for the suit property acquired by respondents, which was referred to civil court

Trial Court, after recording evidence, accepted the reference and enhanced rate of compensation

Contention raised by landowner was that the compensation awarded and later enhanced was not according to fair market rate

Respondent took plea that acquired land was barren having no future potentiality

Validity

Acquired land, in the present case, had acquired status of village site

Not only the market value of land but also other factors, which by any means affected interest of petitioner, would be considered for determination of compensation which was to be awarded to petitioner in lieu of his property

Land, in question as per Local commission report, being useful for construction of houses and adjacent to main road, had great potentiality

Referee court failed to consider facts of the case in terms of S. 23 of Land Acquisition Act, 1894

High Court accepting appeal enhanced amount of compensation with acquisition charges and simple interest.

Compensation determined at the average prepared by the Revenue Authorities was not a safe criteria due to rise in prices

Apart from average, other material had to be taken into consideration to determine the amount of compensation

Merely one year average price of the land in the same vicinity was not exhaustive by itself as the other considerations were relevant for awarding fair compensation to the persons from whom the property had been compulsorily acquired.

Guardian Court dismissed mother's application for custody of minor daughter and handed over the custody of minor to paternal uncle and aunt

Appellate court accepted appeal of mother and custody of minor daughter was handed over to her

Validity

In the absence of father, mother was the natural guardian of the minor as she could better look after the minor daughter who was approaching the age of puberty

No substitute for love and affection of real mother

Mother had not contracted second marriage and had devoted her life for the sake of her children

Where minor reached age of discretion, his/her statement could be considered while determining custody but such statement was not sine qua non for court's decision

Welfare of the minor was the supreme consideration in custody matters

Real mother could not be deprived of the custody of her minor children merely on the ground that she did not have sufficient source of income

Younger sister of the minor was also living with the mother

Welfare of minors required that they should all live together at one place

Petition of paternal uncle and aunt was dismissed.

Courts below had granted a decree in favour of the person, who never came forward before the court with a prayer of grant of decree

Findings recorded by both the courts below were contrary to law and the evidence

Judgment and decree passed by two courts below was set aside.

Principles of natural justice are flexible and not rigid and determination of application of these principles depends on circumstances of each case

Various factors may be taken into consideration for such purpose, such as the nature of inquiry, the subject matter being dealt with, whether anything unfair can be inferred if opportunity is not afforded, whether there is no apprehension of injustice etc.

Depending on facts and circumstances of each case, it would be sufficient if 'elementary and essential principles of fairness' have been fulfilled

In a given situation, it may be sufficient if person affected has been made aware of the nature of allegations, has been afforded a fair and reasonable opportunity to defend allegations and to controvert any statement made against him or her

It would not be mandatory in every case to examine witnesses in presence of person against whom allegations have been made, or to afford him or her an opportunity for cross examination

If a person who has been afforded a fair opportunity, which satisfies the requirements of elementary and essential principles of fairness, does not appear or fails to avail opportunity or is otherwise defiant, then he or she may not be able to raise a grievance relating to violation of principles of natural justice, as they would have no application in the given circumstances

In the exceptional cases application of doctrine of 'audi alteram partem' may even be excluded.

Tuition fee of all private educational institutions cannot be fixed by a single notification without taking into consideration expenses, standards and other factors of such institution.

Where matter (of restoration of property) came before the court for settlement, court would determine the amount to be returned to the husband and such amount would be accepted by the husband

Disobedience of wife, her role in straining the relations, second marriage of husband and possible destitution of wife after divorce were determining factors for fixing amount of Khula'.

Accused was ex-Member of Provincial Assembly and allegation against him was that he made false declaration regarding his educational qualification before Returning Officer at the time of filing of his nomination papers

Election Commission filed complaint against accused for committing corrupt practice

Trial Court convicted accused and sentenced him to 3 years' imprisonment with fine

Plea raised by accused was that in his nomination papers he did not declare on oath that degree awarded to him was by a Madrisa having affiliation or registration with Wafaq Tanzeem-ul-Madaris or Rabit-ul-Madaris

Validity

If Returning Officer had taken a little pain to demand from accused his basic Sanad of Shahdat Alia, situation with which accused was faced, could have easily been thwarted

After filing of nomination papers, date was fixed for scrutiny of papers and on that date candidates attended office of Returning Officer who scrutinized their nomination papers and if there was anything short or any loophole in nomination papers then such nomination papers were usually rejected

Returning Officer did not perform his part of duty by asking accused about his basic Sanad of Shahdat Alia, therefore, case for taking lenient view regarding quantum of sentence was made out

Division Bench of High Court maintained conviction awarded to accused but reduced his sentence from 3 years to one year simple imprisonment and fine was maintained

Appeal was dismissed accordingly.

Accused was ex-Member of Provincial Assembly and allegation against him was that he made false declaration regarding his educational qualification before Returning Officer at the time of filing of his nomination papers

Election Commission filed complaint against accused for committing corrupt practice

Trial Court convicted accused and sentenced him to 3 years' imprisonment with fine

Plea raised by accused was that in his nomination papers he did not declare on oath that degree awarded to him was by a Madrisa having affiliation or registration with Wafaq Tanzeem-ul-Madaris or Rabit-ul-Madaris

Validity

If Returning Officer had taken a little pain to demand from accused his basic Sanad of Shahdat Alia, situation with which accused was faced, could have easily been thwarted

After filing of nomination papers, date was fixed for scrutiny of papers and on that date candidates attended office of Returning Officer who scrutinized their nomination papers and if there was anything short or any loophole in nomination papers then such nomination papers were usually rejected

Returning Officer did not perform his part of duty by asking accused about his basic Sanad of Shahdat Alia, therefore, case for taking lenient view regarding quantum of sentence was made out

Division Bench of High Court maintained conviction awarded to accused but reduced his sentence from 3 years to one year simple imprisonment and fine was maintained

Appeal was dismissed accordingly.

Family Court should broadly look into the social status of parties; earning of husband; his capacity to pay; requirements of minor; and on this touchstone fix interim maintenance.