Relief in personam
Relief in personam legal meaning, translation and judicial precedents.
Meaning & Judicial Interpretation: (اردو مفہوم اور قانونی تشریح)
Petitioner was aggrieved of distribution of monetary benefits only to widow of issueless deceased officer and not to all relatives entitled to inherit under Islamic Law
Validity
Declaration of policy of pension, gratuity and other privileges claimed by petitioner was relief in personam
Such relief was beyond the jurisdiction conferred upon Federal Shariat Court under Art. 203-D of the Constitution and could not be granted
Questions raised by petitioner had already been decided by Federal Shariat Court in its earlier judgments
Shariat petition was dismissed, in circumstances.
Petitioner failed to identify any law or rule to be against the Injunctions of Islam as laid down in the Holy Quran and the Sunnah
This was the constitutional requirement to invoke jurisdiction of Federal Shariat Court under Art. 203-D of the Constitution
Shariat Petition, without mentioning of any law or rule which was considered as against the Holy Quran and the Sunnah by petitioner, was not maintainable before Federal Shariat Court
Petitioner sought relief in personam which was altogether out of jurisdiction of Federal Shariat Court
Shariat petition was dismissed, in circumstances.
Petitioner assailed judgment of Division Bench of High Court passed in exercise of revisional jurisdiction on the plea to apply Islamic Justice System
Validity
Petitioner assailed relief in personam which was beyond the jurisdiction conferred upon Federal Shariat Court under Art. 203D of the Constitution and the same could not be granted
Federal Shariat Court declined to interfere in the matter
Petition was dismissed, in circumstances.
Petitioner failed to identify any law or rule to be against the Injunctions of Islam as laid down in the Holy Quran and the Sunnah
This was the constitutional requirement to invoke jurisdiction of Federal Shariat Court under Art. 203-D of the Constitution
Shariat Petition, without mentioning of any law or rule which was considered as against the Holy Quran and the Sunnah by petitioner, was not maintainable before Federal Shariat Court
Petitioner sought relief in personam which was altogether out of jurisdiction of Federal Shariat Court
Shariat petition was dismissed, in circumstances.
Grant of relief in personam is beyond the jurisdiction of the Federal Shariat Court and, therefore, cannot be granted.
Prayer of petitioner for relief in personam could not be granted as that was beyond the scope of jurisdiction conferred upon the Federal Shariat Court under the provisions of Art. 203-D of the Constitution.
"Relief in personam", Pakistan Law Portal, available at: https://paklawportal.com/words-terms-maxims/124961026
Precedents & Case Laws citing "Relief in personam"
P L D 2024 Federal Shariat Court 22
Mrs. NOOR AISHA and another — Petitioners Versus FEDERATION OF PAKISTAN through Secretary, Cabinet Division and another — Respondents
Court: High Court2024 P L C (C
Mrs. NOOR AISHA and another Versus FEDERATION OF PAKISTAN through Secretary, Cabinet Division and another
Court: Federal Shariat CourtP L D 2024 Federal Shariat Court 20
Ch. NADIR KHAN and another — Applicants Versus The STATE through Secretary Primary and Secondary Healthcare Department, Lahore and 3 others — Respondents
Court: High CourtP L D 2024 Federal Shariat Court 25
Ms. NAHEEDA BASHIR — Petitioner Versus GOVERNMENT OF PAKISTAN through Secretary Finance and 6 others — Respondents
Court: High CourtP L D 2024 Federal Shariat Court 35
Dr. IRFAN IQBAL — Petitioner Versus FEDERATION OF PAKISTAN through Secretary Ministry of Law, Justice and Parliamentary Affairs, Islamabad — Respondent
Court: High CourtP L D 2009 Federal Shariat Court 62
ZAFAR and others — Petitioners Versus FEDERATION OF PAKISTAN and others — Respondents
Court: High CourtP L D 2018 Federal Shariat Court 1
MUHAMMAD HASSAN — Petitioner Versus FEDERATION OF PAKISTAN through Secretary, Ministry of Law, Justice and Human Rights of Pakistan, Islamabad and 2 others — Respondents
Court: High CourtP L D 2023 Federal Shariat Court 265
ALI AZHAR — Petitioner Versus PROVINCE OF SINDH through Secretary Law, Parliamentary Affairs and
Court: High Court2006 P Cr
Mst. GHAFOORAN BIBI and 6 others — Petitioners Versus FEDERAL GOVERNMENT OF PAKISTAN through Secretary Ministry of Law, Justice and Human Rights and 4 others — Respondents
Court: Federal Shariat CourtP L D 2024 Federal Shariat Court 9
Haji SAIF-UR-RAHMAN SHAHEEN — Petitioner Versus ISLAMIC REPUBLIC OF PAKISTAN through Attorney General of Pakistan, Islamabad and 4 others — Respondents
Court: High Court