Advocate Zeshan Ul Haque Kohidamani

2023 KPLJ 171 [PESHAWAR HIGH COURT] Before S. M. Attique Shah, J. Mst. Naveeda ---------- Petitioner versus The State ---------- Respondent Cr. M/BCA No. 708-P/2020, decided on 14-06-2021. (a) Code of Criminal Procedure, 1898 (V of 1898)      ----- S. 497(5) ----- Statement of complainant being sole eye witness of the occurrence ----- Importance ----- His appearance and recording of his statement is utmost important for the case of prosecution ----- Inability of complainant to appear for his statement in near future ----- Effects ----- Dismissal of application for cancelation of bail ----- Accused cannot be kept behind the bars ---- particularly, when the trail court is unable to conclude and decide the fate of the case on account of the absence of the material evidence of the prosecution.  (b) Code of Criminal Procedure, 1898 (V of 1898)      ----- S. 497(5) ----- Non-appearance of the complainant for his statement...

  SECTION 12(2) C.P.C. It is a very important section in the Code of Civil procedure, (C.P.C.) which is usually filed an application by an aggrieved person for setting aside a final judgment, decree or order, which is passed by a court due to fraud, misrepresentation or want of jurisdiction. Hence, it is reproduced section 12 (2) C.P.C. as follows:             “Where a person challenges  the validity  of a judgment,  decree  or order  on the plea of fraud, misrepresentation  or want of jurisdiction, he shall seek his remedy  by making  an application  to the Court  which passed  the final judgment, decree or order and not  by a separate suit”. When did it insert in C.P.C.? It was inserted in the C.P.C. through the Ordinance X of 1980. Grounds of application Fraud, misrepresentation or want of jurisdiction...

  2. MESNE PROFITS: Meaning:  The expression has the same meaning in Section 2(12) and 144 of the Code, it means those profits to which a person is entitled but from which he has been kept out by the defendant. Mesne profits can be claimed only regarding immovable property and not in regard to such property which cannot be deemed to be immovable property. Mesne Profits of Property:  Mesne profits of property also include those profits, which the person in wrongful possession of such property actually received or might with ordinary diligence have received therefrom, together with interest on such profits. The expression, however, does not include the profits due to improvements made by the person in wrongful possession. Object of Awarding Such Profits:  The main object is to compensate the person entitled to be in possession of the property. A person who is entitled to actual possession can claim mesne profits. The very foundation of the cause of action for mesne pro...

Purpose of Rule: The Purpose of this rule is to ensure due and proper representation on behalf of minor defendant through a guardian ad litem. It is the duty of the court to appoint a guardian ad litem as soon as it becomes aware of the defendant's minority, and thereafter it cannot proceed ex-parte against a minor defendant.  Duty of the Plaintiff: It is the duty of the plaintiff to apply for the appointment of a minor defendant's guardian ad litem. The guardian ad litem of a minor defendant is appointed by order of the court, whilst a next friend of minor plaintiff appoints himself by merely filing the suit on behalf of the minor. The appointment of a guardian ad litem ensures for the whole litigation including appeal and execution. Disputed the Factum of Minority: Where the factum of minority is disputed, the court should determine it. A minor defendant is not considered to be a party to the suit till such time as he is represented by a guardian ad litem, and as such a dec...

Q. Ijtihad has got a significant role in Islamic Law, discuss. What are the qualification of a Mujtahid? Answer 1. INTRODUCTION:     Ijtihad is one of the sources of Islamic Law. If a matter is not resolved expressly in a Quran, Sunnah and by way of Ijma, the jurist must not leave the matter unresolved rather he should strive hard to find out the solution under the light of Quran and Sunnah. 2. MEANING OF IJTIHAD:   It is the effort made by Mujtahid in seeking knowledge of the ahkam of the shariah through interpretation. 3. DEFINITION OF IJTIHAD:     Ijtihad means the application by a lawyer of all his faculties to the consideration of the authorities of the law, that is the Quran, Sunnah and Ijma with a view to find out what in all probability is the law. 4. ARGUMENTS IN SUPPORT OF IJTIHAD: Quranic Verses in Support of Ijtihad: a. And we have revealed on you the book which describes everything. b. We have omitted nothing from this book. c. Then ask those w...

Q. Write a comprehensive note on the Powers and Functions of the President under 1973 Constitution of Pakistan. Answer 1. INTRODUCTION:     Parliamentary system was introduced in 1973 Constitution. The Head of the State is called President. He runs the business of the state through the Prime Minister. No doubt, the Present as the symbol of the unity of federation occupies neutral position in the constitution but in order to protect and preserve the dignity of this high office, the President must keep aloof from all political imbroglios. 2. CONSTITUTIONAL POSITION OF PRESIDENT:     The President is only a constitutional head of state. The Constitution declares that the President shall act in accordance with the advice of the Prime Minister. 3. POWERS AND FUNCTIONS OF PRESIDENT: I. Legislative Powers: Summoning of Parliament: The President has the power to summon both Houses of Parliament in a joint sitting to meet at such time and place as he thinks fit. Ri...