Young Lawyers And Case Laws

2017 P Cr. L J Note 233 ♦️ [Lahore] Before Shahid Hameed Dar, J MUHAMMAD FAHIM UL ISLAM---Petitioner Versus The STATE and another---Respondents Crl. Misc. No. 377-B of 2016, decided on 16th February, 2016. Criminal Procedure Code (V of 1898)--- ----Ss. 498/497---Penal Code (XLV of 1860), Ss. 420 & 109---Electronic Transactions Ordinance (LI of 2002), Ss. 36 & 37---Cheating and dishonestly inducing delivery of property; abetment---Violation of privacy information; damage to information system---Bail before arrest, refusal of---Accused had admitted that he had opened the fake Facebook account in question, in the name of the complainant's daughter---Accused, through said account, had sent dozens of indecent and threatening massages to the complainant's daughter---Accused, by way of said massages, had also demanded naked pictures, and in case of refusal, he had extended dire threats---Forensic analysis of the digital media, having been taken into possession by the p...

P L D 2017 Peshawar 10 ✅♦️ Before Rooh-ul-Amin Khan, J MUHAMMAD MUNIR---Petitioner Versus The STATE---Respondent Criminal Miscellaneous Petition No.1426 of 2015, decided on 21st August, 2015. (a) Criminal Procedure Code (V of 1898)--- ----S. 497---Electronic Transactions Ordinance (LI of 2002), Ss.36 & 37---National Database and Registration Authority Ordinance (VIII of 2000), S.30---Penal Code (XLV of 1860), Ss.419 & 420---Privacy of information, damage to information system etc., cheating by personation and cheating and dishonestly inducing delivery of property---Bail, refusal of---Allegation against the accused was that he created and operated fake facebook profile in the name of complainant and uploaded her picture without her consent---Inquiry was conducted wherein relevant record was obtained from the Facebook Incorporation---Sufficient material had been collected against the accused with the data from Facebook Incorporation---Accused was involved in the offence wh...

2017 P Cr. L J 1715 ✅ [Balochistan]♦️ Before Muhammad Kamran Khan Mulakhail, J MUHAMMAD AZAM DAVI---Applicant Versus The STATE through FIA---Respondent Criminal Bail Application No. 56 of 2017, decided on 9th March, 2017. (a) Prevention of Electronic Crimes Act (XL of 2016)--- ----Preamble---Scope and object of---Prevention of Electronic Crimes Act, 2016---Act was promulgated with the aim to prevent unauthorized acts with respect to information system and to provide a mechanism for investigation, prosecution, trial and international cooperation in respect of offence relating to electronic crimes. (b) Criminal Procedure Code (V of 1898)--- ----S. 497---Penal Code (XLV of 1860), S. 109---Prevention of Electronic Crimes Act (XL of 2016), Ss. 16(2), 20(1), 24(c)(d)---Unauthorized use of identity information, offences against dignity of a person, cyber stalking, abetment---Bail, grant of---Further inquiry---Neither any allegation of unauthorized use of identity information was men...

P L D 1995 Peshawar 124 ✅ Explained 🍂 ♦️ 128 QSO 1984♦️ Before Muhammad Bashir Khan Jehangiri, J MAQBOOL HUSSAIN ‑‑‑Petitioner versus ABDUR REHMAN and others‑‑‑Respondents Civil Revision No.10 of 1987, decided on 6th March, 1993. (a) Qanun‑e‑Shahadat (10 of 1984)‑‑‑ ‑‑‑‑Art. 128‑‑‑Legitimacy‑‑‑Proof‑‑‑Essentials of legitimacy stated.--­ [Muhammadan Law]. Legitimacy is a status which results from certain facts whereas legitimation is a proceeding which creates a status which did not exist before. This proceeding would become necessary where either the existence of a valid marriage could not be expressly proved or where the child was born within six months of the marriage. In such cases acknowledgement of legitimacy in favour of the child should either be express or by necessary implication from the course of treatment by the man of the mother and the child or from the evidence of repute and notoriety, amongst the members of the family, community a...

1992 S C M R 1191✅ Explained 🍂 ♦️ Legitimacy ♦️ [Supreme Court of Pakistan] Present: Muhammad Afzal Zullah, CJ. Wali Muhammad Khan, J MANZOOR HUSSAIN ‑‑‑Appellant versus ZAHOOR AHMED and 4 others‑‑‑Respondents Civil Appeal No.85 of 1991, decided on 12th February, 1992. (On appeal from the judgment, dated 23‑12‑1990 of the Lahore High Court, Lahore, in Civil Revision No.2068 of 1989). (a) Islamic jurisprudence‑‑‑ ‑‑‑‑ Tauba‑‑‑Concept‑‑‑Allah in His wisdom may accept Tauba at any time ‑‑‑ No bar exists for a woman who has been a prostitute, to go through the process of Tauba and lead normal married life with a view to advance Allah's purpose. Abdul Majid Khan v. Mst. Anwar Begum alias Anwar Bibi PLD 1989 SC 362 ref. (b) Muhammadan Law‑‑‑ ‑‑‑‑Legitimacy‑‑‑Islamic laws lean in favour of legitimization, rather than stigmizadon. (c) Muhammadan Law‑‑ ‑‑‑‑Legitimacy‑‑‑Inheritance‑‑‑Material in favour of person who claimed legiti...

P L D 1989 Supreme Court 362 ✅ Explained 🍂 ♦️ Gift by husband to wife, marriage in absence of direct proof, marriage with prostitute ♦️ Present: Muhammad Afzal Zullah and Saad Saood Jan, JJ Civil Petition No.408 Of 1985 ABDUL MAJID KHAN and another‑ ‑Petitioners versus Mst. ANWAR BEGUM---Respondent Civil Petition No.409 Of 1985 ABDUL MAJID KHAN and another‑ ‑Petitioners versus Mst. ANWAR BEGUM alias ANWAR BIBI and 15 others‑‑Respondents Civil Petitions for Leave to Appeal Nos. 408 and 409 of 1985, decided on 22nd March, 1989. (On appeal from the judgment dated 30th January, 1985 of the Lahore High Court in C.R.No.569‑D and C.R.No.570‑D of i984). (a) Muhammadan Law‑‑ ‑‑‑ Gift‑‑Gift made by husband in favour of wife is irrevocable. (b) Muhammadan Law‑‑ ‑‑‑ Marriage‑‑ Absence of direct proof of marriage‑‑Presumption. The presumption regarding Muslim marriage, in absence of direct proof can be raised and acted upon, in the follo...