Noors & Pervaiz Law Associates.

Noors & Pervaiz Law Associates. Deals in civil, criminal, family, tax, labour services cases. and also prepare suits ,bails appeals, revisions, stay application.

02/02/2026

2026 CLC 120
Inheritance---Hanafi law of inheritance---Classes of heirs---Deceased dying inestate---Nieces of such deceased, entitlement of---Objection of the female [two nieces]('the Objectors') was that they would also join in shares claiming half of the share as compared to male---Validity---Under Para-61 Principles of Muhammadan Law, there are three classes of heirs, namely; (1) "Sharers" are those who are entitled to a prescribed share of the inheritance (2) "Residuaries" are those who take no prescribed share but succeeded to the "residue" after the claims of the sharers are satisfied and (3) "Distant Kindred" are all those relations by blood who are neither Sharers nor Residuaries---The first step in the distribution of the estate of a deceased Muhammadan, after payment of his funeral expenses, debts and legacies is to allot their respective shares to such relations as being to the class of sharers and are entitled to a share---The next step is to divide the residue (if any) among such of the residuaries as are entitled to the residue---If there are no sharers, the residuaries will succeed to the whole inheritance---If there be neither sharers nor residuaries, the inheritance will be divided among such of the distant kindred as are entitled to succeed thereto---The distant kindred are not entitled to succeed so long as there is any heir belonging to the class of sharers or residuaries---There are two fundamental principles of the Islamic Law of 'inheritance accepted by the Sunni Fiqah: the first principle is that the Qur'anic Sharers are to be given their prescribed shares unless a Qur'anic sharer is excluded by another heir according to the Rules of Exclusion prescribed in the Qur'an and Sunnah and elaborated upon by Islamic Jurisprudence (Sharia); the second principles is that after the Qur'anic Sharers have been given their shares the rest of the estate is divided amongst the nearest male agnates of the deceased as Residuaries---The agnates are the persons related to the deceased through a male link---Consequently, the son of a deceased brother is a male agnate---In the present case, admittedly, the parties belonged to the Hanafi Fiqqah and according to the Hanafi Law of inheritance mentioned under Paras 63, 65 and 67 in the Principles of Muhammadan Law, which contained a detailed lists of Sharers, Residuaries and the Distant Kindred, wife of the deceased, fell within the class of Sharers, who were entitled to a prescribed share of inheritance and one minor daughter of the deceased also fell within the class of Sharers in absence of son---As far as two nephews of the deceased were concerned, they fell within the category of Residuaries---Whereas, the deceased's two nieces (the Objectors) fell within the class of Distant Kindred, who were not entitled to any share according to the Hanafi Law in presence of Sharer and the Residuaries---Moreso, a fatawa had been obtained and filed by the petitioner which also showed that the nieces of the deceased would not be entitled for the share of any of the properties, left behind by the deceased, except the two nephews, who were mentioned in the Family Registration Certificate---Consequently, in the present case, the widow and the daughter would be entitled to get their shares as Sharers and the sons of the brother of the deceased were entitled to get their residuary shares by virtue of being male relatives on the father's side and it should be divided equally among them as Residuaries---The Objectors (nieces of the deceased) would not be entitled to get any thing because they were not among the male relatives on the father's side---Thus, the objections of the Objectors being misconceived were rejected---Since the objections had been rejected, as such, there appeared no impediment---

26/01/2026

جعلی چیک دینے کے بعد راضی نامہ ۔
تازہ ترین عدالتی فیصلہ !
*Compromise Deed -* راضی نامہ کی شرائط
Dishonring of cheque - Grant of pre or post arrest Bail.
It was held in Salman Khalid vs. The State etc. reported in PLD 2020 Lahore 97, decided by Anwaar-ul-Haq Pannun, Judge, that -
High Court provided guidelines for proceeding with cases u/s 489-F, PPC, involving compromise at Pre~arrest or post arrest Bail stage stated.
Following are the guidelines as provided by the High Court:.
راضی نامہ تحریری اور دستخط شدہ ہونا چاہیے
(i) A compromise deed shall be in writing and duly signed or thumb marked by the accused as well as the person in whose favour, the dishonoured cheque was issued by the accused or any other person duly authorized by the payee
ملزم کے وکیل، یا اس کے نامزدشدہ شخص کے بیان کو قلمبندکیاجائے۔
(ii) In case of post arrest bail, the Court seized with the Bail application due to the accused being in jail, shall also record the statement of the counsel, representing accused or any other person duly authorized by the accused for this purpose.
ضمانت کی سطح پر راضی نامہ کی تمام شرائط عدالت کو واضح کردینی چاہیے، اور ملزم شرائط کی تابع داری کرے گا۔
(iii) The Court, while giving effect to the compounding character of the offence, at Bail stage shall reflect the terms and conditions of the compromise in its Bail granting order besides clearly stating that the accused shall only be entitled to enjoy the liberty, he has earned by way of concession of bail, provided he honours the terms of compromise deed.
ملزم راضی نامہ میں بیان کردہ تاریخ کے اندر اندر واجب ادا رقم اداکرےگا۔اگررقم ادانہ کی، تو ضمانت کی رعایت سے محروم ہوسکتاہے۔البتہ مدعی رحم دلی کا مظاہرہ بھی کرسکتاہے۔
(iv) The accused shall make payment of amount of cheque or settled b/w the parties, to the payee on the date fixed in compromise deed or in case of any exigency within next three days. In case of any default, even in making payment of any installment, the accused shall lose his right to enjoy the concession of Bail. The complainant, however may show grace and accept any request on part of the accused for extension of time.
اگرمقررہ وقت تک رقم نہ دی، تو ضمانت نامہ منسوخی کیے بغیر ہی ضمانت منسوخ تصورہوگی۔
(v) In case of default, in absence of a consent of the complainant, for extension of time, in making the payment of amount settled b/w the parties through compromise, the Bail granting order shall be deemed to have been vacated automatically on the expiry of date fixed.
راضی نامہ پر عمل نہ کرنا، موقف سے انحراف تصورہوگا، اور ضمانت کا غلط استعمال گردانہ جائےگا
(vi) After seeking relief of Bail on the basis of compromise, the Non~compliance of its terms and conditions will amount to breach of commitment and misuse of concession of Bail by the accused for the period he enjoy the said concession in the form of liberty instead of facing the rigors of jail.
مدعی ضمانت منسوخی کی بجائے ٹرائل کورٹ کو متفرق درخواست دے کہ راضی نامہ کی خلاف ورزی کی گئی ہے،اور ٹرائل کورٹ ملزم کو دوبارہ گرفتارکرواسکتی ہے۔
(vii) The complainant shall not be obliged to file a formal application for cancellation of Bail u/s 497(5) CrPC either before the trial Court or before any higher Court which had passed the Bail granting order. However, the complainant, in case of default in making payment by the accused, may file only a miscellaneous application before the trial Court inviting its attention towards the default made by the accused, thereupon, learned trial Court shall pass an order for committing the accused to custody.
یہ راضی نامہ کی ایک علیحدہ قسم کے طور پرٹرائل کورٹ ریکارڈ مرتب کرے۔
(viii) All the trial Courts seized with the trial/ proceedings for the offence u/s 489-F, PPC, shall prepare a separate category of compromise cases with some special identity so that the case may be dealt with, in terms of Bail granting order.
اگرراضی نامہ پر موثر عمل ہوتاہے، تو کاروائی مقدمہ اختتام کوپہنچ سکتی ہے۔ایسا عدالت درخواست پربھی کرسکتی ہے، اور ازخود کاروائی پربھی ایسا قدم اُٹھاسکتی ہے!

23/01/2026

Possession in cases of narcotics,and kinds of
possession defined ...

knowledge of possession
physical Possession
conscious Possession
actual possession
constructive possession

At the stage of bail, unless there is confidence inspiring material available on record that each accused knew about the possession of the narcotic substance by the others, the total quantity cannot be attributed to every petitioner/accused separately and they are to be attributed with the quantity recovered from each petitioner/accused or on their pointation. Only after recording of the evidence and where the prosecution has proved that each individual/accused had conscious knowledge of the possession of narcotic substance or others, they can be implicated with the total quantity recovered.

Crl.P.L.A.537/2025
Muhammad Daud v. The State thr. Special Prosecutor A.N.F. and another
Mr. Justice Aamer Farooq
19-06-2025

23/01/2026

PLD 2026 Lahore 7
An appellate court dealing with an appeal under Section 14 of the Act, 1964 not only is vested with the inherent power to dismiss the appeal for non-prosecution but it can also restore the same on showing sufficient cause by the appellant if his appeal has been dismissed on account of default.
WP. 2787-19
AHMED AMIN VS DISTRICT JUDGE ETC.

23/12/2025

Correction in date of brith in CNIC.

(a) Specific Relief Act (I of 1877)---

----S. 42---Suit for declaration---Correction of date of birth in CNIC by NADRA---Scope---Contention of plaintiff was that he was born on 22nd May, 1993 but his date of birth had been recorded as 22nd May, 1990---Suit was dismissed concurrently---Validity---Plaintiff produced documents bearing his date of birth as 22-05-1993 which could not be refuted by the authorities---No reason existed to believe that the date of birth mentioned in the documents produced by the plaintiff, was managed one---Plaintiff was neither claiming any right in service nor having any other interest in seeking correction of date of birth in his CNIC---Correction of date of birth of the plaintiff would not adversely affect any right of any other person---No provision existed to prohibit NADRA from rectifying any mistake in the CNIC---Every citizen was required to be registered with the NADRA---Issuance of CNIC would mean that information contained therein was valid and correct, therefore, by not correcting an error on the CNIC, NADRA in fact was not performing its primary function---NADRA was bound to maintain a correct database and to print the correct information on the CNIC---Impugned judgments and decrees passed by the courts below were set aside and NADRA was directed to rectify the mistake as to date of birth of plaintiff appearing on his CNIC from 22-05-1990 to 22-05-1993---Revision was accepted, in circumstances.

Mrs.Farida Hanif v. Federation of Pakistan through Secretary Ministry of Interior Affairs, Islamabad and another 2011 CLC 511; Regional Commissioner of Income Tax Karachi and 2 others v. Shafi Muhammad Baluch 1997 MLD 2801 and Federal Board of Intermediate and Secondary Education, Islamabad through Chairman/Secretary v. Junaid Rehmat 2009 YLR 1296 ref.

Muhammad Salah-ud-Din v. NADRA PLD 2012 Lah. 378 rel.

(b) Civil Procedure Code (V of 1908)---
----S. 115---Revisional jurisdiction of High Court---Scope---Concurrent findings of facts recorded by the courts below could not be treated as sacrosanct and could be interfered with by the High Court in revisional jurisdiction when such findings were based on insufficient evidence, mis-reading of evidence, non-consideration of material evidence, erroneous assumption of fact, patent error of law, consideration of inadmissible evidence, excess or abuse of jurisdiction, arbitrary exercise of power and where unreasonable view on evidence had been taken.

Major Rashid Baig v. Rehmat Ullah Khan and 4 others PLD 2001 SC 443; Muhammad Bakhsh v. Ellahi Bukhsh and others 2003 SCMR 286 and Abdul Sattar v. Mst. Anar Bibi and others PLD 2007 SC 609 rel.

2016 Y L R 323 [Sindh]
Before Zafar Ahmed Rajput, J
(IMRAN KHAN Versus
FEDERATION OF PAKISTAN through Secretary, Ministry of Interior and 3 others---Respondents)

17/12/2025

مختار نامہ کے بارے میں عدالتی نظائر

1۔ مختار نامہ لکھنے کے لئے ایک ہزار کا اشٹام ضروری ہے ورنہ اشٹام کی کوئی قانونی حیثیت نہیں ہوگی۔

2017 YLR 138

2.مختارنامہ دینے والے کی موت کے بعد مختارنامہ غیر موثر ہو جاتا ہے۔

2017 YLR 138

3.مختارنامہ اگر بیرون ملک تیار کیا گیا ہو تو اس صورت میں بیرون ملک کے قواعد و ضبط کے مطابق تیار کیا جانا چاہئے
NLY 2009 civil 241

4.مختارنامہ پر دو گواہان کی تصدیق لازمی ہے ۔

PLD 1996 LHR.367

11/12/2025

Named in the FIR with specific & vital role of sharing & making viral video news clip on social media – Personal video & audio on Social media while committing zina with a lady - Bail Refused -

2025YLR1951 Lahore

11/12/2025

2025 C L C 1913
Recovery suit on the basis of cheque----Rebuttal to presumption of correctness attached to the impugned cheque by presenting a probable defence and credible evidence-Legality-Guarantee cheque---Proof---Business relationship, existence of-Statement of respondent in the related criminal case, relevance of Contention of the appellant was that impugned cheque was issued as a guarantee and was misused---Validity---In civil cases preponderance of evidence on the basis of which a dispute is to be decided, however, it does not mean that the conclusion in civil cases based on same set of facts is drawn mechanically, ignoring the crucial piece of evidence available on record such as statement of the plaintiff during the minal trial, having direct nexus with the dispute---There was only one transaction, entered into between the appellant and the Manager of the respondent, in respect of which the respondent claimed impugned cheque was could not refute that the payment in respect of the said transaction was cleared through voucher, which showed that the impugned cheque was lying with the respondent side as guarantee on account of the admitted business relationship of purchase of wheat to secure any balance due and despite receiving payment in respect of the disputed transaction, the impugned cheque had been misused---
R.F.A. No. 258 of 2022
Malik MUHAMMAD ASHRAF versus MUHAMMAD ASIF

11/12/2025

PLD 2022 SC 27

Guardian at litem - obligations of the court as well as guardian.

Reading of the Rule 11 of Order 32 of the Code of Civil Procedure 1908 (“CPC”) leaves little room to speculate as to what a Court is to do if the guardian ad litem appointed by it does not do his duty. As per the said Rule, where the guardian for the suit does not do his duty, the Court is to remove him and appoint a new guardian in his place. The failure of a guardian ad litem to appear in Court to defend the minor is by itself a clear proof of the fact that he has failed to do his duty of protecting the interests of the minor. The Court, in such circumstance, must act in accordance with Rule 11 of Order 32 of the CPC, remove that guardian, and appoint a new guardian in his place, for the protection of the interests of the minor.

The provisions of Order 32 of the CPC, which advance the mandate of Article 25(3) of the Constitution, are to be interpreted and applied with a dynamic and progressive approach to achieve the object for which they have been made, that is, the protection of the rights and interests of the minors. The Courts are to realize that a minor litigant is considered to be under their protection, and primarily it is their duty to watch over his interests and ensure that he is duly represented and defended in the proceedings before them. That is why, despite appointment of a guardian ad litem, no agreement or compromise can be entered into on behalf of the minor by that guardian without leave of the Court. The Court is to see vigilantly the conduct of the guardian ad litem in representing and defending the minor, and to remove him if he fails to do his duty by acting in a manner that is detrimental to the interests of the minor. Where there is no other person fit and willing to act as guardian for the minor, the Court is to appoint any of its officers to be such a guardian. Order 32 of the CPC, thus, visualizes no such occasion where a minor defendant can be proceeded against ex parte.

11/12/2025

2025 SCMR 1952

376 PPC, Bail grant of---Further inquiry-- -Allegation against the accused-petitioner was that he forcibly committed zina with the daughter of complainant---Though Medico-Legal Certificate of the victim and DNA Analysis Report of Forensic Science Agency revealed sexual in*******se by the petitioner with the victim but the Medico-Legal Certificate of the victim did not reveal any marks of violence on the body of victim---Thus, it was yet to be determined at the trial as to whether the sexual in*******se was with consent of the victim or not.

11/12/2025

PLD 2025 SC 612
اگر مالک مکان ذاتی ضرورت کو بنیاد بنا کر کرایہ دار کو بےدخل کرے اور ذاتی ضرورت کا گراؤنڈ جھوٹ پر مبنی ثابت ہو تو عدالت مکان کو قبضہ واپس کرایہ دار کو دلاسکتی ہے۔

11/12/2025

SINGLE DOUBT is SUFFICIENT for AQUITTAL. .
2017 - YLR 28 ( GOLDEN RULE)
2017 - YLR 32 (LAHORE )
2017 - PCRLJ 19 ( LAH )
2016 - PCRLJ 18 ( PESHAWAR )
2017 - CrLJ - 62
2016 - SCMR - 1792
2016 - MLD - 757
1995 - SCMR 1345
2009 - SCMR 230.

DELAY of TWO DAYS in RECORDING STATEMENT OF WITNESSES u/s 161 CrPC is FATAL for PROSECUTION.
2017 - SCMR - 486
2016 - PCRLJ -1112

Art . 22 . IDENTIFICATION PARADE WITHOUT ASCRIBING ROLE of ACCUSED HAS NO EVIDENTIARY VALUE in the EYES OF LAW.
2017 - PCRLJ - 622. . .

POLICE OPINION COULD BE CONSIDERED at BAIL STAGE.
2017 - YLR - 1405.

IDENTIFICATION PARADE NOT HELD BEFORE JUDICIAL MAGISTRATE...
2006 MLD 14
2005 YLR 657
2006 MLD 431
2005 YLR 1404
2006 YLR 673

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