Connotation

Meaning of "adequate" is not provided in the Constitution, hence ordinary dictionary meaning is to be adopted as provided in Black's Law Dictionary (12th Edition) which is as follows:-Adequate: (i) Fully satisfying requirements; sufficient, suitable, and acceptable in both quality and quantity; (ii) Legally sufficient; sufficing as a matter of law; (iii) Minimally satisfactory, barely reaching an acceptable standard; just good enough

With regard to the expression "satisfaction", for maintainability of a Constitutional petition, satisfaction of the High Court is sine qua non to the effect that no other adequate remedy is available to the litigant under the law.

Expression mutatis mutandis generally applies for making certain adjustments of features in a new situation of framework, as a shortcut (an alternate route that is shorter than the one usually taken) in order to avoid reiterating or retelling the same provisions with minor variations

Expression mutatis mutandis applies from one case to another with required alterations or modifications within the different set of circumstances of cases to avoid repetition by signifying that primary criterions have to apply with certain vicissitudes.

When law requires a thing to be done in a particular manner, the same must be done accordingly and if prescribed procedure is not followed, it would be presumed that the same had not been done in accordance with law.

It is in the interest of State that there should be an end to litigation.

Latin maxims "ejusdem generis" and "expressio unius est exclusio alterius" exemplify that when two rules or laws exist, one general and one specific, the specific rule takes precedence over general rule.

This is a routine tenet of statutory interpretation, emphasizing that where there is a conflict between general and special law, the special law prevails.

Verdict of a Court is considered per incuriam when it is rendered in ignorance of a statute or rule having force of statute.

If ownership of goods is exchanged for anything other than money, such transaction cannot be classified as a sale; instead, it would be considered an exchange or barter.

Expressio unius est exlusio alterius denotes that to express or include one thing implies the exclusion of the other or of the alternative, keeping in mind that if a law or contract explicitly mentions one thing it is assumed that other things are not included.

Phrase ex visceribus actus deciphers the principle that every section/clause of a statute should be construed with reference to the context and other clauses of the Act, so as to make a consistent enactment of the whole statute or series of statutes relating to the subject matter.

Principle of giving effect to the matter rather than having it fail.

Word "party"as defined in section 2(d) of Family Courts Act, 1964, includes any person whose presence as such is considered necessary for a proper decision of the dispute

To ensure presence of real defendant, power is also given to Family Court to add such a person as a party to the dispute

As such the definition is liberal and extensive and is not confined only to spouses rather, it gives a right and the prerogative to choose and implead in a suit as defendant, the person against whom relief is sought.

No word in statute should be treated as a certain surplusage or rendered ineffective or purposeless if Court is to carry out legislative intent fully and completely.

If ownership of goods is exchanged for anything other than money, such transaction cannot be classified as a sale; instead, it would be considered an exchange or barter.

Expression mutatis mutandis generally applies for making certain adjustments of features in a new situation of framework, as a shortcut (an alternate route that is shorter than the one usually taken) in order to avoid reiterating or retelling the same provisions with minor variations

Expression mutatis mutandis applies from one case to another with required alterations or modifications within the different set of circumstances of cases to avoid repetition by signifying that primary criterions have to apply with certain vicissitudes.

It is in the interest of State that there should be an end to litigation.

Verdict of a Court is considered per incuriam when it is rendered in ignorance of a statute or rule having force of statute.

It also includes footpaths for passengers and also green areas which are required to be maintained outside buildings by owners.

Hearsay evidence is given by a witness consisting of a report of something which someone else has said rather than a statement of something the witness has actually seen or experienced

Certain hearsay statements can carry reliability even without subjecting original declarant to cross-examination

Trustworthiness can be established from circumstances under which statement was made, guaranteeing a level of reliability comparable to that found in a statement that has undergone cross-examination

There are situations where applying cross-examination test is impossible- such as in cases where the declarant has died and it becomes necessary to consider the statement in its untested form if it is to be used at all

Exceptions to hearsay rule are based on two fundamental principles: trustworthiness and necessity.

Words "due consideration to such submission" have strong connotation that Court cannot simply ignore it rather while disagreeing with opinion of prosecutor, it has to give reasons

Administrative opinion or opinion in official capacity does not bind Court to give reasons for disagreement rather it is regulated by discretion of Court to consider it or not consider it

In the present case Trial Court had thought it appropriate not to consider it which could not be termed as an illegality

High Court declined to interfere in order passed by Trial Court as the same was perfect

Petitioner was not non-suited rather had an alternate efficacious remedy of filing of private complaint

Constitutional petition was dismissed, in circumstances.

One can be said to be Benamidar only when he ostensibly holds or is in possession or has custody of some property which actually belongs to accused of an offence punishable under National Accountability Ordinance, 1999 or if it is meant for the benefit and enjoyment of accused.

It also includes footpaths for passengers and also green areas which are required to be maintained outside buildings by owners.

As such the maxim substantiates precept that law concentrates on proximate cause of loss or damage when adjudicating compensation, ensuring that an aggrieved party is entitled to reasonable compensation, notwithstanding absence of proven actual damage or loss.

As such the maxim substantiates precept that law concentrates on proximate cause of loss or damage when adjudicating compensation, ensuring that an aggrieved party is entitled to reasonable compensation, notwithstanding absence of proven actual damage or loss.

This reliance could be emotional, financial, or physical, underscoring a fundamental inability to exist or sustain oneself independently

Dependent person requires another individual's power, aid, or assistance to navigate life's challenges

This dependency could be a result of various factors such as age, health conditions, financial circumstances, or emotional needs

For instance, a child depends on their parents, requiring their support for survival and growth, similarly, an elderly or ill person may be dependent on a caregiver for his daily needs

In a broader sense, the concept of being "dependent" highlights the interconnectedness of human society, where individuals often rely on each other for survival and prosperity.

This reliance could be emotional, financial, or physical, underscoring a fundamental inability to exist or sustain oneself independently

Dependent person requires another individual's power, aid, or assistance to navigate life's challenges

This dependency could be a result of various factors such as age, health conditions, financial circumstances, or emotional needs

For instance, a child depends on their parents, requiring their support for survival and growth, similarly, an elderly or ill person may be dependent on a caregiver for his daily needs

In a broader sense, the concept of being "dependent" highlights the interconnectedness of human society, where individuals often rely on each other for survival and prosperity.

Salus populi suprema lex esto means "let the welfare of the people be the supreme law" and "Salus populi suprema lex", translates to "the health of the people is the supreme law"

State instrumentality must serve the society as a whole and must not grant unwarranted favour(s) to a particular class of people without any justification, at the cost of others

In order to serve larger public interest, State instrumentality must be able to generate its own resources, as it cannot serve such higher purpose while in deficit.

Term "judicial notice" means expression which has been recognized without proving of something as existing or being true.

Term "judicial notice" means expression which has been recognized without proving of something as existing or being true.

Writ petitions were filed before the High Court alleging that the Capital Development had illegally and unlawfully changed the Master Plan and created certain new plots in a closed end street, which the CDA could not do so and that it be restrained from approving the building plans in respect of the said plots and be directed to adhere to the Master Plan

High Court allowed the said petitions, cancelled the said plots, and further directed CDA to initiate departmental action against those who had violated the Master Plan

Validity

Counsel for respondents (petitioners before the High Court) was not able to point out any legal restriction preventing the plots in question from being allotted, particularly when the said land was designated on the Master Plan for Future Use

Master Plan, the layout plans and Google map data which had been filed showed the location of the said plots, and there was no question of obstruction of light and air with respect to the plots of the respondents

Counsel for respondents could not show what particular rights of theirs had been violated in allotting the said plots nor did he refer to any law which prevented CDA from utilizing, for the benefit of earlier allottees, land designated for 'Future Use'

Term 'Future Use' did not mean that the land was to be left open nor did it mean that it was to be used for amenity purposes, which may, have prohibited their allotment

Petitions were converted into appeals and allowed, impugned judgments of the High Court were set-aside and the cancelled allotments were restored.

Said expression is wide enough to cover a suit for enforcement of an award.

Said phrase does not imply that the Court should grant any unwarranted favour, indulgence or preferential treatment to the accused, rather it was coined to maintain a fair-minded and unbiased sense of justice in all circumstances, as a safety gauge or safety contrivance to ensure an evenhanded right of defence with a fair trial for compliance with the due process of law, which is an integral limb of the safe administration of criminal justice and is crucial in order to avoid erroneous verdicts, and to advocate for the reinforcement of the renowned doctrine "innocent until proven guilty".

Term "decide the suit forthwith" does not imply that the Court is to reach a decision on the lis before it on the same day

Rather, the term "decide the suit forthwith", implies that the suit is now to be decided without delay, meaning that further adjournments cannot be granted to the party which had already been allowed time to produce evidence, cause attendance of his witnesses, or perform any other act necessary for the progress of the suit.

Nomination paper of the petitioner (candidate) was rejected on the ground that the petitioner did not maintain an exclusive account for the purpose of election expenses for every seat he proposed to contest under Section 60(2)(b) of the Elections Act, 2017 ("Act")

Validity

Right to contest election is a fundamental right guaranteed by Article 17(2) of the Constitution

Right to contest election being a fundamental right, the provisions in the Act including Section 60 thereof that curtail or in any manner affect this right are to be construed strictly and applied restrictively

Under Section 60(2)(b) of the Act, a candidate is to submit a declaration that he has opened an exclusive account, or dedicated an existing account, in a scheduled bank for the purpose of election expenses

Exclusivity of the required bank account is for the "purpose of election expenses", and not for the number of seats the candidate is contesting for in the elections

One exclusive bank account for the election expenses to contest for any number of seats, meets the statutory requirement

For the purpose of requiring such exclusive bank account is to ensure compliance with the provisions of Section 132(3) of the Act, which has prescribed an upper limit of expenses for election to a seat in the Senate, the National Assembly and a Provincial Assembly

If a person contests for election to more than one seats, his expenses should not exceed the aggregate of the prescribed expenses for all those seats

Stance taken by the respondents that the candidate must open a separate bank account for every seat he is contesting for, is not the intent and purpose of the law and is therefore not legally sustainable

Petition was converted into an appeal and allowed; impugned order as well as the orders of the Appellate Tribunal and the Returning Officer were set aside; consequently, the nomination paper of the petitioner filed for the seat of a Member of the Provincial Assembly stood accepted with the observation that the right to vote freely for the candidate of one's choice is the essence of a democratic society, and any undue restrictions on that right strike at the heart of representative government.

Cheque is a request of drawer to the bank where the drawer maintains an account to pay a specific sum of amount to the payee on presentation of the cheque or on the date fixed on the cheque

Under banking practice in our country, bank is supposed to make payment to payee if there is sufficient amount payable to the payee equal to the amount mentioned on the cheque.

Force majeure not only includes those circumstances which are specifically mentioned in agreement but also such factors which occur suddenly, unexpectedly and beyond perception.

Cheque is a request of drawer to the bank where the drawer maintains an account to pay a specific sum of amount to the payee on presentation of the cheque or on the date fixed on the cheque

Under banking practice in our country, bank is supposed to make payment to payee if there is sufficient amount payable to the payee equal to the amount mentioned on the cheque.

Term "income" has not been defined in certain manner by the Constitution and it must be given its widest and broadest meaning

Amplitude of the term cannot be confined to mean a certain thing and not the other

It has been left to the Legislature to define term "income".

Expression 'recorded value' as defined under S.6(2)(g) of Punjab Finance Act, 2012, caters a situation where recorded value is less than the value of property specified in valuation table notified by Collector of the district

Same analogy is applicable in cases where instruments contain no recorded value or quantum of consideration

No other construction can be construed as it would extend premium vis-à-vis instruments, wherein recorded value or consideration amount is missing, and such interpretation would tantamount to playing fraud on the statute.

Aetiology means investigation or attribution of case or reason for something often expressed in terms of historical or mythical explanation.

Merger is analogous and akin to amalgamation and absorption.

Aetiology means investigation or attribution of case or reason for something often expressed in terms of historical or mythical explanation.

In revenue record petitioner / Provincial Government was shown owner of suit land and respondents / plaintiffs were mentioned as illegal occupants upon State land

There was neither any mutation nor any order of allotment ever passed in favour of respondents / plaintiffs

Possession of respondents / plaintiffs over suit land was of an illegal nature

All ethical, moral and legal norms favour law abiding persons and lends no support to illegal occupants, usurpers, transgressors, encroachers and grabbers of State land

Through suit for declaration under S. 42 of Specific Relief Act, 1877 only a declaration is issued regarding a pre-existing right and no fresh right can be created

Any suit for declaration with non-existent right is not maintainable

High Court in exercise of revisional jurisdiction set aside judgments and decrees passed by two courts below as they were the result of misreading and non-reading of evidence and failure to apply correct law

Resultantly suit filed by respondents / plaintiff was dismissed

Revision was allowed, in circumstances.

Term 'life' used in Art. 9 of the Constitution cannot be restricted to mere existence of a living person rather is stretched to all and every aspect of quality of human life

Word 'life' is not defined in the Constitution, thus cannot be given a restricted meaning rather is of wider import

Provision of Art. 9 of the Constitution bespeaks that an individual is entitled to enjoy pleasures of life by having access to natural and ecological beauty of places like Murree Hills, needless to mention, within a defined sphere of law

Right to live a life is not required to be established through customary protracted litigation, since it has been guaranteed under Art. 9 of the Constitution explicitly and unrestrictedly

Such right is to be enforced vigorously even through a constitutional petition, once the agitated grievance is found to have reasonable substance in it.

Expression “authority of law” means official right or permission to act, specially to act legally on another's behalf by virtue of authority, derived from, or granted by, or under the prevalent legal system - aggregate of legislation, judicial principles and accepted legal principles.

Principle Ex visceribus actus means that every part of statute should be construed with reference to context and other provisions of the statute.

Slash (/) - a forward sloping line (/) - technically known as a virgule but also called a slant, solidus, or stroke, an oblique, an oblique stroke, a diagonal, a solidus, a forward slash, and a separatrix is a mark of punctuation that serves several purposes in writing, essentially standing in for other words as a quick and clear way of showing the connection between two things.

In legal history and practice lex specialis derogat legi generali means where two laws govern same factual situation, a law governing specific subject matter (lex specialis) overrides the law which governs general matters on the same subject (lex generalis).

Contention of the plaintiff /wife was that the defendant / husband owned loan to someone for which he snatched from her gold ornaments, promising her that he would purchase them for her later on

Family Court dismissed the claim of the petitioner / plaintiff regarding snatching of gold ornaments and decreed dissolution of marriage and ordered that since decree was being passed on the basis of Khulla, she was liable to return dower (gold ornaments)

Appellate Court maintained the decree

Validity

Quantum of dower (four tolas gold ornament) and its payment was not disputed between the parties; the dispute was over what the petitioner contended as its " snatching" by the respondent for repayment of his debt while the respondent plainly denied the said allegation/contention

Record revealed that the petitioner and her two witnesses were not cross-examined by the respondent on said point/dispute, whereas the petitioner produced another witness, the man who had advanced the loan to the respondent, who happened to be her maternal uncle

Said witness deposed and also reiterated in cross-examination that , while repaying loan in cash, both the spouses (parties) told him that the gold ornaments were sold for repayment of loan

Said witness also stated that the counsel of the respondent / husband told him to give evidence; which fact did not seem to be a factor to throw away his evidence; had he said that the petitioner herself or her counsel 'advised' or 'tutored' him for giving evidence, then only it might have raised questions on his credibility

Similarly, mere fact that he (witness) was a close relative of the petitioner was not a sufficient ground to discard his evidence as an interested witness as no enmity or ill-will between him and the respondent was attributed

Above all, every witness after having entered the witness-box was administered oath and his evidence must be believed as true unless it was demonstrably shattered as unbelievable for being not cogent, solid and confidence inspiring and/or even false

Respondent himself did not appear as a witness to spell out his own contention and face cross-examination

Father of the respondent, as his (respondent's) special attorney and another witness had admitted advancing of loan in their respective deposition; and also admitted that that "usually people do sell gold ornaments of wives to repay their debt", suggesting an admission of the contention of the petitioner that she offered (though the respondent did not snatch) the gold ornaments to repay his loan

High Court viewed that the word "snatching" might not be understood in strictly literal sense in the circumstances of the case, most particularly when the testimony of the witness, who advanced the loan, was weighed holistically, which proved that the petitioner had given her gold ornaments to the respondent willingly to rescue him in a difficult time

In our social set-up, a wife would ordinarily offer her gold ornaments to her husband for sale in any moment of financial stringency, which was a relevant fact in family suits

High Court observed that the petitioner succeeded in proving that she had handed over to the respondent her gold ornaments, though snatching was not typically proved

While the petitioner discharged her burden of having given her gold ornaments to the respondent, he having admitted her stance in evidence, discernibly failed to prove that he returned the gold ornaments to her

High Court modified the impugned judgment passed by both the Courts to the effect that the petitioner was entitled to repayment of four tolas gold ornaments as her dower which the respondent sold for repayment of his debt, however, in the event of dissolution by marriage by Khula, the respondent was held entitled to be discharged from its (gold ornaments') repayment

Constitutional petition was disposed of accordingly.

Decision by Provincial Government has to be taken by Cabinet as a whole as delineated in Art.130 of the Constitution.