Khyber Law Society

  STATUS OF ARTCLE 2A IN THE 1973 CONSTITUTION   Court’s observations In Hakeem Khan Case: ·       Constitution has to be read as a whole. Court is bound to have recourse to whole instrument in order to ascertain the true intent and meaning of any particular provision. ·       Where any apparent repugnancy appears to exist between its different provisions, the Court has to harmonies them. ·         All three limbs of the state namely executive, legislature and judiciary in Islamic polity can exercise the delegated functions of the sovereignty within their respective spheres and the reference in the Quran to the obedience of (ullu-ul-alamar minkum) is equally applicable to members of judiciary. ·       If the court considered that the existing provisions of the constitution contravened the injunctions of Islam in some respects it should have brought transgressi...

  HAKIM KHAN VS GOVERNMENT OF PAKISTAN PLD 1992 S.C. 595   Parties: Plaintiff: Hakim Khan Defendant: Government Of Pakistan   Facts & Figures: Hakim Khan filed a case against the government of Pakistan. In 1988, commutation order was given by the President of Pakistan. In this order, the President commuted all death sentences given by military courts in the era of General Zia-ul-Haq. This commutation was challenged by Hakim Khan, on the basis of article 2A of the constitution, in the Supreme Court. According to Hakim Khan, article 2A stated that only Allah has the supreme authority to grant pardon or commute death sentence, while article 45 of the constitution empowers the President to grant pardon, alter or commute sentences. So there is a conflict between article 2A and 45 of the constitution.   Question Of Law: The main point of this case was that what the status of article 2A is ls it the preamble of constitution of Pakistan? Or is it th...

  ZAHEERUDDIN And Others   Versus THE STATE And Others   Parties: ZAHEER-UD-DIN & others (Appellants)              THE STATE & others (Respondents)   Citation : 1993 SCMR 1718   Status : Appeal Dismissed   Court : Supreme Court of Pakistan   Brief Facts: In Zaheer ud Din case the Appellant belonged to Ahmediya community (Qadianis), who have been , by Article 260, clause (3)(b) of the constitution of Pakistan, declared non-Muslins. Ahmedis had decided to celebrate the centenary of their religion commencing from 23-03-1989. On 20-03-1989, the Home Secretary to Government Of Punjab promulgated an order under section 144 of the Code of Criminal Procedure banning the centenary celebrations by the Qadianis in the province of Punjab. The Appellants challenged the order by means of a petition under Article 199 of the Constitution, among others, on the ground that...

      KANEEZ FATIMA CASE     Citation: (PLD 1993 SC 901)   Parties : KANEEZ FATIMA : (Appellant) WALI MUHAMMAD and others: ( Respondents )   Status : Appeal Dismissed.   Facts & Figures: Ø In   Kaneez   Fatima   the   husband   and   wife   agreed   to   mutually   dissolve   their   marriage with effect from 1-11-1977 and the wife received rupees 10,000 and five tolas (one tola is equal to 12 grams) of gold in lieu of the prompt dower of rupees 30,000 and 20 tolas of gold and a monthly maintenance of rupees 200. Both the parties agreed that they will   have   no   further   claim   in   future   against   each   other.   However,   on   6-4-1978   the appellant   filed   a   suit   for   recovery   of   the   remaining   amount   of   dower ...

  SALE AND ITS ESSENTIALS   SALE : ( Section 54, TPA 1882) " Sale" is a transfer of ownership in exchange for a price paid or promised or part-paid and part-promised. (It is the transfer of ownership for money consideration ( i.e   it’s an absolute transfer of all the rights in the property sold, for money consideration ).     ESSENTIALS OF A VALID SALE: There are four essentials of a valid sale which are discussed as under:   1)     PARTIES:   Ø There must be at least two parties i.e buyer (transferee) and seller(transferor). Ø Buyer or seller can be a natural person or a juristic person. Competency Of Seller : Ø Major, Sound Mind and Not Disqualified By Law (competent to contract). Ø Must be the owner of the property (immovable) ,or, authorized to sell the property.       Competency Of Buyer: Ø Any person capable of holding the property and not disqualified by law. ( It ...