Divorce - Khula – Decree for dissolution of marriage can be passed even though the other issues of cruelty and non-maintenance are not proved.
PLD 1995 Lah. 283
Pre-emption:
- Pre-emption suit filed during interregrem period on 23.01.1990 to preempt sale made on 25.01.1989 i.e. after 364th day, Talb-i-Muwathbat not made on 25.01.1989 i.e. after plaint rejected by High Court.
Legitimacy: Art.128 of Qanoon-e-Shahadat
- Legitimacy is a status which results from certain facts.
- Legitimation is a proceeding which creates a status which did not exist before. Proceeding would become necessary where either the existence of a valid marriage could not be expressly proved or where the child was born within 6 months of marriage. In such cases acknowledgment of legitimacy in favour of child should be (i) either by express a necessary implication from the course treatment by the man or the mother or the child. (ii) from the evidence the man or the morality among the members of the family, locality respectables.
- Such acknowledgment raises presumption of valid marriage and legitimate birth entire case law discussed.
PLD 1995 Pesh. 124.
GIFT
- Condition attached to gift validity – condition attached would be void whereas gift will take effect as if no condition attached – when donor divests himself of ownership and physically parts with possession – gift complete to valid.
PLD 1995 Pesh. 164
- Muslim donor has unfettered power to alienate his property be way of Gift or otherwise during his lifetime provided he was in proper state of health and gift was made in exercise of his independent voluntary discretion.
1994 SCMR 1870
INTEREST= O-37 R-2 & 3 CPC; SECT.7(2) ORD.BANK 1979
- Act 2-A Constitution no bar on recovery of interest.
- Act 2-A; 268(6), 203-G, 227(2) cannot be invoked by courts to make existing law as Islamic.
PLD 1989 Kar. 371
- Recovery of interest not prohibited.
1994 SCMR 2287
- Interest could be granted inspite of provisions of Art. 2-A of Constitution – provisions of Ord. (XIX of 1979) protected by Art. 270-A of constitution and interest though unIslamic could be granted.
1992 CLC 1906 (DB)
PLD 1987 Kar. 296 (FB)
PLD 1987 Kar. 612
PLD 1992 FSC 1
1988 MLD 1058
SECTION 9(1) BANKIGN TRIBUNAL ORD.84;
ART.203 F CONSTITUTION
- Judgment of F.S.C. appealed and operation suspended by S.C. High Court not competent to go into question.
PLD 1994 Pesh. 233