Sindhu Law Associates

07/01/2026

آخری موقع، قطعی آخری موقع کی نہایت سختی سے حوصلہ شکنی
2025 MLD 1201
Trend of granting 'last opportunity' then 'absolute last opportunity' deprecated by courts---Duty of court for enforcing its order when last opportunity to comply with the same is granted---Scope---Prevailing pattern in the conduct of litigation in the lower courts of the country is heavily permeated with adjournments---What would otherwise be a quick trial, has become a lengthy, expensive time-consuming and frustrating process both for the litigant and the judicial system---While some adjournments are the consequences of force majeure, most are not---To cater for the later and to discourage misuse, the C.P.C. through O. XVII, R.3 has provided the court with a course of action that checks such abuse---It is important for the purpose of maintaining the confidence of the litigants in the court systems and the presiding officers that where last opportunity to produce evidence is granted and the party has been warned of consequences, the court must enforce its order unfailingly and unscrupulously without exception---Such order would not only put the system back on track and reaffirm the majesty of the law but also put a check on the trend of seeking multiple adjournments on frivolous grounds to prolong and delay proceedings without any valid or legitimate rhyme or reason---Where the court has passed an order granting the last opportunity, it has not only passed a judicial order but also made a promise to the parties to the lis that no further adjournments will be granted for any reason---The court must enforce its order and honor its promise---The is absolutely no room or choice to do anything else-The order to close the right to produce evidence must automatically follow failure to produce evidence despite last opportunity coupled with a warning---The trend of granting (Akhri Mouqa) then (Qatai Akhri Mouqa) and then (Qatai Qatai Akhri Mouqa) make a mockery of the provisions of law and those responsible to interpret and implement it and such practices must be discontinued.
R.F.A. 42140 of 2022
Raza Khan vs Malik Muhammad Munir

02/01/2026

15/09/2025

Evidence of related Witnesses
Ss. 302(b) & 34---Qatl-i-amd, common intention--Reappraisal of evidence---Related and interested witnesses, evidence of---Reliance---Appellant was charged that he along with his co-accused committed murder of the brother of complainant---Allegedly, both the eye-witnesses were closely related to the deceased, therefore, were interested witnesses--Mere fact of a witness being related to the deceased did not, in itself, render the testimony unreliable or tainted---Interested. witness is one who is motivated by some extraneous consideration or harbors an ulterior motive to falsely implicate an accused---In the instant case, the defence had not been able to bring on record any such motive that could suggest a false implication of the appellant---In the absence of any tangible material indicating enmity, malicc, or ill-will, the testimony of related witnesses could not be discarded solely on the ground of relationship---Circumstances established that the prosecution had successfully established the guilt of the appellant beyond shadow of reasonable doubt---Appeal was dismissed accordingly.

03/08/2025

https://www.facebook.com/shakeel.soomro.397?mibextid=ZbWKwL

24/11/2024

Muslim Family Laws Ordinance
Husband's right to divorce unconditional. Wife instituted a suit for recovery of gold as per the alleged condition imposed for pronouncement of divorce in Nikahnama. No clog could be imposed upon the right of a husband to pronounce divorce.
2024 YLR 2680

30/09/2024

Penal Code
S, 302(b) presence of alleged eye-witnesses at the scene of occurrence doubtful---Delay in sending body for the post mortem was reflective of the absence of witnesses at the place of occurrence---Had they been present at the place of occurrence, they would have strived to save the life op deceased and immediately shifted him to the hospital---However, in the present case, contrary to normal reaction, father and brother of deceased, neither shifted the deceased to hospital nor accompanied him when he was sent to hospital by the police---Such behavior alone created sufficient doubt about their presence at the place of occurrence---This fact also found corroboration from the fact that perusal of post-mortem report and inquest report revealed that dead body was brought to hospital by the police and was identified by two persons, who were not the alleged eye-witnesses of the occurrence-Thus, alleged eye-witnesses were also not the ones who had identified the dead body of the deceased at the time of the post-mortem report---In absence of physical proof qua presence of the witnesses at the crime scene, the same could not be relied upon---In view of the material contradictions in the statements of eye-witnesses and the fact that they did not accompany the deceased in the hospital and that their names were neither mentioned in inquest report nor in post-mortem report as the identifiers of the dead body spoke volumes about their absence at the place of occurrence---Hence, their testimonies were unreliable--Prosecution had failed to prove its case beyond any reasonable doubt--Petition was converted into an appeal and was allowed; impugned judgment was set aside, and the petitioner was acquitted of the charge.

Iftikhar Hussain V. State
2024 SCMR 1449

20/09/2024

S. 9(C)---Possession and transportation of 146.20 kilograms of charas Reappraisal of evidence---Separate samples sealed in one parcel---Effect instead of separately sealing the 150 pieces of the separated samples (total weighting 1.350 Kgs) in 150 parcels, the same were sealed in one parcel i.e parcel No.1 in the case of Muhammad Hashim v. The date (PLD 2004 SC 856) Prosecution had failed to prove the charge against the petitioner (accused) beyond reasonable doubt---Petition was converted into appeal and allowed, and the petitioner was acquitted of the charge..
2024 SCMR 1571

25/06/2024

Succession Act
The nomination gives right to collect the money, the nominate cannot deprive other legal heirs of their respective shares. 1974 SCMR 185.

21/06/2024

Civil Procedure Code
O,VII R,11. Application for rejection of plaint-- Determination by the Court-- scope relevant facts that need to be looked into for deciding an application under O, Vii R, 11 cpc are avernments made in the plaint other material available on record which on its own strength is legally sufficient to completely refute the claim of plaintiff can also be pondered into for the purpose of rejection of the plaint.
2024 CLC 922