Mian Usman Imtiaz Advocate

Mian Usman Imtiaz Advocate LAWYER/ ADVOCATE

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"174 A ppc" 174 of the Pakistan Penal Code (PPC) 1860, which deals with the offense of non-attendance in obedience to an...
28/11/2025

"174 A ppc"

174 of the Pakistan Penal Code (PPC) 1860,

which deals with the offense of non-attendance in obedience to an order from a public servant. This section outlines the punishment for anyone who intentionally fails to attend a specific place and time when legally required by a summons, notice, or order from a public servant.

Contact:U.I LAW CHAMBERMian Usman imtiaz Advocate High court J.A.I.B.P(S1-I.B.P),M.B.A(FIN), L.L.B(P.U)*Ex-SR.Executive ...
28/11/2025

Contact:

U.I LAW CHAMBER
Mian Usman imtiaz
Advocate High court
J.A.I.B.P(S1-I.B.P),M.B.A(FIN), L.L.B(P.U)
*Ex-SR.Executive Officer (N.F.C)(MOI&P)
*Legal cunsultant (P.R.F.T.C) PAKISTAN RAILWAYS

M.O.B: 0300-9430705
Office #11 first floor
Expo Towers H-3 johar town

Contact:U.I LAW CHAMBERMian Usman imtiaz Advocate High court J.A.I.B.P(S1-I.B.P),M.B.A(FIN), L.L.B(P.U)*Ex-SR.Executive ...
28/11/2025

Contact:

U.I LAW CHAMBER
Mian Usman imtiaz
Advocate High court
J.A.I.B.P(S1-I.B.P),M.B.A(FIN), L.L.B(P.U)
*Ex-SR.Executive Officer (N.F.C)(MOI&P)
*Legal cunsultant (P.R.F.T.C) PAKISTAN RAILWAYS

M.O.B: 0300-9430705
Office #11 first floor
Expo Towers H-3 johar town

Pakistani case law consistently upholds the rights of children to inherit and penalizes those who illegally deprive them...
28/11/2025

Pakistani case law consistently upholds the rights of children to inherit and penalizes those who illegally deprive them.
Landmark Supreme Court decisions
have fined individuals for withholding their sister's inheritance, emphasizing that this violates Islamic law and constitutional rights.

Mst. Parveen (deceased) through LRs vs. Muhammad Pervaiz and others

(2022 SCMR 64)

and a recent November 2025 judgment imposing a Rs. 5 lakh fine on a brother for delaying his sister's inheritance are key examples. Other cases have dismissed appeals from those who tried to illegally take their sibling's share, sometimes involving fraudulent manipulation of gift deeds and revenue records.

2022 SCMR 1187جج کو یہ اختیار ہے کہ وہ گواہ کی گواھی کہ بارے میں ظاهری اور خفیہ انکوائری بھی کروا سکتہ ھے سپریم کورٹ کا ...
28/11/2025

2022 SCMR 1187
جج کو یہ اختیار ہے کہ وہ گواہ کی گواھی کہ بارے میں ظاهری اور خفیہ انکوائری بھی کروا سکتہ ھے سپریم کورٹ کا تاریخی فیصلہ
Penal Code (XLV of 1860) --
Ss. 302 (a) & 304-Qatliamd liable to qisas-Witness, credibility of - Tazkiya - tul -shahoodModes to ascertain the credibility of a witness on the touchstone of tazkiya - tul-shahood explained.
The primary / foremost qualification for a person to appear as a truthful witness in a case falling under'qisas ' is that he must fulfill the condition of tazkiya-tul-shahood. In ordinary meanings, it is an accepted rule of tazkiya-tul-shahood, that the credibility of the witness shall be examined through credible person

Marz-ul-Maut مرض الموتMeaning- "Marz-al-Maut" was a disease where a person had apprehended that death was more probable ...
20/08/2025

Marz-ul-Maut مرض الموت

Meaning- "Marz-al-Maut" was a disease where a person had apprehended that death was more probable than his chance to live.
PLD 2015 Lah 103

For proving transaction during marz-al-maut, it is the basic fact which is required to be pleaded and proved,
that transferor was in fear of death,
that he transferred property under such fear of death,
that the disease was of such a nature where fear of death was natural.
2013 YLR 1856 Lah

Mere old age or illnesses would not be sufficient to sustain inference of donor having been under pressure of sense of imminent death.
2003 MLD 185 Lah

Medical evidence to be placed on record from which it can be gathered that the donor was suffering from particular disease which had caused in him sense of imminent death and had eventually resulted in his death.
Mere fact that the donor had died after few days or few months after making gift is not enough to attract doctrine of Marz-al-Maut.
1996 CLC 1805

then we can say the donor/transferor was suffering from Marz-al-Maut and was thus not a person competent with free consent to make intelligent decision.

PLJ 2025 ISLAMABAD 50 پی پی سی کی دفعہ 𝟏𝟗𝟑 میں کہا گیا ہے کہ عدالتی کارروائی میں جھوٹی گواہی  دینا ایک ایسا جرم ہے جس می...
12/08/2025

PLJ 2025 ISLAMABAD 50

پی پی سی کی دفعہ 𝟏𝟗𝟑 میں کہا گیا ہے کہ عدالتی کارروائی میں جھوٹی گواہی دینا ایک ایسا جرم ہے جس میں سات سال تک قید کی سزا ہوسکتی ہے۔
𝐏𝐋𝐉 𝟐𝟎𝟐𝟓 𝐈𝐬𝐥𝐚𝐦𝐚𝐛𝐚𝐝 𝟓𝟎

*شہادت پیش کرنیکا قطعی آخری وارننگ   کے ساتھ ملنے کے باوجود شہادت پیش نہ کی گئی۔ *سپریم کورٹ نے سائل کا شہادت پیش کرنے ک...
11/08/2025

*شہادت پیش کرنیکا قطعی آخری وارننگ
کے ساتھ ملنے کے باوجود شہادت پیش نہ کی گئی۔ *سپریم کورٹ نے سائل کا شہادت پیش کرنے کا حق ختم کرنیکا فیصلہ بحال رکھا۔*
*2025 SCMR 1032*

2025 SCMR 1032
شہادت پیش کرنیکا قطعی آخری وارننگ کے ساتھ ملنے کے باوجود شہادت پیش نہ کی گئی۔
سپریم کورٹ نے سائل کا شہادت پیش کرنے کا حق ختم کرنیکا فیصلہ بحال رکھا
It is evident from record that through speaking order(s) the petitioner was granted with absolute last and final opportunities for production of his evidence with clear cut warnings, the petitioner did not pay any heed to the orders and direction of the trial Court, which shows his adamant attitude towards the orders of the trial Court. The above picture of affairs makes it crystal clear that how the petitioner pursued his case and showed his disobedience and indifferent demeanour towards the orders of the Court; thus, such like indolent person cannot seek (naeem)favour of law, because law favours the vigilant and not the indolent.

Though, it is a settled law that evidence of a party cannot be closed under Order XVII, Rule 3, C.P.C for non-production of evidence where the case on the previous date was not adjourned at the request of such party.

For the application of Rule 3 the following conditions must coexist:
a). Adjournment must have been granted to the party at his request;
b). It must have been granted to it for the purposes mentioned in the rule 3;
c). The party who has taken the time defaulted in doing the act - for which he took the time from the court;
d). The party must be present or deemed to be present before the court;
e). That there must be some material on record for decision of the case on (naeem)merits and;
f). That the court must decide the suit forthwith that is within a reasonable time. However, in the instant case, the above portrayal of the facts goes to make it diaphanous that how the petitioner proceeded with the matter and pursued the case. It seems that he intends to proceed with the matter as per his whims and wishes, to carry on entangling his rival(s) as well as the Court without any final determination of rights of the parties and wants to continue his possession over the suit property. Such practice has been discouraged by this Court, because one cannot be allowed to make mockery of law and procedure provided for conducting proceedings in a lis, as the ultimate goal of enactment(s) and procedural law(s) is to determine the rights of the parties as early as possible, so that trust of the litigants could be developed upon the institution(s). In the instant case, more than sufficient opportunities have been (naeem)granted to the petitioner for producing his evidence and despite putting him under caution he did not bother to avail the same. Such like indolent person(s) cannot be allowed to play with the process of the Court and linger on the matter on one pretext or the other, that too, without any plausible and valid reason.

C.P.L.A.No.1033-L of 2024
Muhammad Akram vs Shafaqat Ali

Qanoon-e-Shahadat Order (QSO), 1984, “hearsay evidence”is generally inadmissible, but there are exceptions. Hearsay refe...
15/07/2025

Qanoon-e-Shahadat Order (QSO), 1984, “hearsay evidence”
is generally inadmissible, but there are exceptions. Hearsay refers to statements made out of court that are offered in court as evidence to prove the truth of the matter asserted. The core concern with hearsay is the inability to cross-examine the original speaker, which undermines the reliability of the evidence.
Key points about hearsay evidence in QSO:
Definition:
Hearsay is a statement made outside of court that is offered as evidence to prove the truth of what was said.
General Exclusion:
QSO generally excludes hearsay evidence due to its inherent unreliability.
Exceptions:
Despite the general rule, there are exceptions where hearsay evidence may be admissible, including:
Statements made under special circumstances: This includes situations where the maker of the statement is dead, cannot be found, or is otherwise unavailable to testify.
Res Gestae: Statements made spontaneously and contemporaneously with an event are considered trustworthy and are an exception to the hearsay rule.
Statements against interest: A statement that is against the speaker's interest may be admitted as hearsay.
Public documents: Certain public documents containing statements of fact may be considered exceptions.
Statements in wills: Statements made in wills are often admissible as hearsay.
Importance of Cross-Examination:
The ability to cross-examine the witness who made the statement is a key factor in determining the admissibility of hearsay evidence.
Distinction from Direct Evidence:
Direct evidence is based on a witness's personal knowledge or observation, while hearsay relies on what someone else said.
Res Gestae Exception:
The concept of "Res Gestae" is particularly relevant, as statements falling under this category are considered trustworthy due to their spontaneous nature and close connection to the event.
In essence, while hearsay evidence is generally excluded in QSO, there are specific situations where it may be admitted, particularly when the statement is considered reliable due to its spontaneous nature or the circumstances surrounding its making.

MIAN USMAN IMTIAZ AHC PRESENT ON BEHALF OF “PETITIONER”BEFORE THE HONOURABLE COURT OF ASJ/EX OFFICIO JUSTICE OF PEACE LA...
15/07/2025

MIAN USMAN IMTIAZ
AHC
PRESENT ON BEHALF OF “PETITIONER”BEFORE THE HONOURABLE COURT OF ASJ/EX OFFICIO JUSTICE OF PEACE LAHORE
IN AN APPLICATION/PETITION
U/S 22A 22B CRPC FOR DIRECTION REGARDING REGISTRATION OF FIR

IN WHICH APPLICATION/PETITION WAS ACCEPTED WITH DIRECTION GIVEN TO CONCERNED “SHO” TO REGISTER FIR AGAINST THE ACCUSED PERSONS

BREIF FACTS:

Petitioner was beaten by his relatives on instigation of his father in law along with that amount of money has also been snatched from him

Petitioner responded by calling at police help line 15 police instead of recording FIRST INFORMATION REPORT initiated proceedings under sec 107/151 CRPC AGAINST BOTH SIDES

Further para 4 and 5 of the orders states that

“4.The petitioner, however, has
annexed supporting documents
including:

• A copy of private complaint filed by his wife (now estranged) which shows animosity from the proposed accused persons;

• A prior petition under Sections
22-A/22-B Cr.P.C. for protection;

• Photographs of the petitioner
with visible injury to the lip;

• Personal pictures showing the
existence of matrimonial relationship.

5.From perusal of the record, it appears that the petitioner has not only
alleged specific, personal, and targeted acts of violence but also substantiated the same through photographic material. These allegations, if taken on their face. constitute cognizable offences
under Sections 382, 148, 149, 506, and 342 PPC.
It is well-settled that the police is under a statutory obligation to register a criminal case once commission of a cognizable offence is disclosed, and cannot take shelter under internal inquiries or preventive measures to avoid this duty.”

Further in the orders of the honourable court in para 7 and para 8 directions to register an FIR against accused persons were given to SHO Concerned

AS

“ 7.The report submitted by the
SP/Addl. District Complaint Officer
concerned is not binding upon this Court. The opinion formed therein, although from a senior officer, cannot override the rights guaranteed to a citizen under the law. Where the complaint discloses cognizable offences, this Court, as Ex-Officio Justice of Peace, is duty-bound to order registration of FIR and not merely "refer" the matter back to the same authority whose inaction is under scrutiny.

8.In view of the above, the SHO, Police Station concerned, is directed
to register FIR on the complaint of the petitioner, strictly in accordance with law.”

AUTOPSY IN CASE OF MEDICAL NEGLIGENCE Here's why autopsies are important in cases of death caused by medical negligence:...
03/07/2025

AUTOPSY IN CASE OF MEDICAL NEGLIGENCE

Here's why autopsies are important in cases of death caused by
medical negligence:

1. Establishing Cause of Death:

Autopsies provide a detailed examination of the body, both external and internal, to determine the precise cause of death.
In medical negligence cases, this can help determine if the death was a direct result of the medical professional's actions or inaction.
For example, an autopsy might reveal a previously undiagnosed condition or a surgical error that contributed to the death.

Contact:

U.I LAW CAMBER
Mian Usman imtiaz
Advocate High court
J.A.I.B.P(S1-I.B.P),M.B.A(FIN), L.L.B(P.U)
*Ex-SR.Executive Officer (N.F.C)(MOI&P)

M.O.B: 0300-9430705
Office #11 first floor
Expo Towers H-3 Johar town

If injury has been caused below knee, then applicability of Section 324 PPC requires further probe/inquiry within the pr...
02/07/2025

If injury has been caused below knee, then applicability of Section 324 PPC requires further probe/inquiry within the preview of sub-section 2 of Section 497 Cr.P.C., however, if injury has been caused above knee on the leg at thigh, then situation is otherwise different because as femoral artery, which is major blood vessel, is located in thigh starting from groin coming to the back of knee which supplies oxygen-rich blood to the lower parts of the body. So, femoral artery if damaged can cause lower limb ischemia leading to amputation of limb, compartment syndrome or even death due to severe blood loss from a major artery in the leg, hence if firearm injury has been caused at thigh, then prima facie section 324 PPC is attracted.
Bail refused.
Crl. Misc.1584/25
Nasrullah alias Nasru Vs The State etc.

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