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Your Gifts, Your Rights: A Bride's Guide to Bridal Gifts in Pakistan

Your Gifts, Your Rights: A Bride’s Guide to Bridal Gifts in Pakistan

Bridal Gifts in Pakistan: What You Need to Know (Insights from a Recent High Court Case) Marriages and online nikah are joyous occasions, but sometimes disputes can arise, even regarding gifts. In Pakistan, the concept of bridal gifts holds significance, and a recent Lahore High Court case has shed light on the legal rights surrounding them. This blog post aims to simplify the legalities of bridal gifts for the common person. A Bride Fights for Her Rights The case of Mst. Nimra Sheikh versus Muhammad Umair Siddiqui serves as a crucial example. Ms. Sheikh challenged a decision by the Family Court where, after divorce, her husband sought the return of certain items, including gold ornaments and clothes, given to her by his parents at their wedding. The key question was – who legally owns these bridal gifts? Bridal Gifts in Pakistan Belong to the Bride The court’s verdict, based on Article 199 of the Constitution and the Dowry and Bridal Gifts (Restriction) Act, 1976, provides clarity. Here’s the legal breakdown: What are Bridal Gifts? Section 2(a) of the Act defines them as any property (excluding Mehr or dower) given directly or indirectly by the groom or his family in connection with the marriage. Who Owns Them? Section 5 is clear – all bridal gifts become the bride’s absolute property, with no restrictions. The Court’s Stance: Protection and Efficiency The High Court, led by Justice Sultan Tanvir Ahmad, emphasized two key points: Absolute Ownership: The law establishes the bride’s absolute ownership of bridal gifts, regardless of who gives them (groom or his parents). Frivolous Litigation: The court deemed the husband’s claim baseless, highlighting that the law clearly grants ownership to the bride. This case also highlights the importance of previous judgments. The court cited rulings like Tania Naseer vs. Muhammad Zubair (2017) and Ghulam Rasul vs. Judge, Family Court (1991) which reiterate that bridal gifts belong to the wife. Significance of the Ruling: A Win for Brides This landmark decision holds great value for several reasons: Legal Clarity It removes any ambiguity about ownership, ensuring brides understand their rights regarding bridal gifts. Protection of Rights It safeguards brides from baseless attempts to reclaim their rightful possessions. Judicial Efficiency By dismissing frivolous claims early on, the court frees resources for handling more serious matters. What This Means for You Understanding your legal rights is crucial, especially during marital disputes. Here’s what you, as a bride or someone close to one, should know: Awareness is Key Brides should be fully aware that any gifts received in connection with their marriage are their absolute property. Legal Recourse If faced with a claim for the return of bridal gifts, the bride can confidently rely on the Dowry and Bridal Gifts (Restriction) Act and relevant case law to defend her rights. Documentation Matters Maintaining records (receipts, photos) of bridal gifts can strengthen your claim in case of legal disputes. Contact Us The Lahore High Court’s decision in Mst. Nimra Sheikh versus Muhammad Umair Siddiqui empowers brides by recognizing their legal ownership of bridal gifts. This ruling not only promotes fair resolution of marital disputes but also protects brides from unnecessary harassment. By understanding and asserting your legal rights, you can navigate such situations with confidence. This blog post provides a general understanding of the law. For specific legal advice, it’s always recommended to consult a qualified lawyer. The PDF for the Full citation is below for reference. 2024LHC2809 Our panel of skilled Lawyers in Pakistan specializes in family cases in Pakistan and offers personalized advice and robust legal solutions. AI Legal Site: For general information, visit 24Justice.com – Pakistan’s First Legal AI Site. Personalized Assistance: For more specific queries or legal representation, reach out to us: Call: 0092 308 5510031 WhatsApp: 0092 308 5510031 Contact Form: Prefer writing? Fill out our contact form below, and we’ll respond promptly.   [wpforms id=”4658″]

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Lahore High Court Cancels University Appointment Order

Lahore High Court Cancels University Appointment Order

From Recommended to Re-advertised: Why Following University Appointment Rules Matters University appointments are a crucial part of ensuring quality education. But behind the scenes of prestigious faculty positions lies a complex web of procedures. A recent judgment by the Lahore High Court (LHC) throws light on this very issue, highlighting the importance of following established protocols in university appointment. This article delves into the case of Dr. Rehana Kausar, unpacking the legal intricacies and underlining the significance of proper procedures for both universities and aspiring faculty members. Case History   The story begins with Dr. Kausar applying for a Professor of Urdu position at the Lahore College for Women University (LCWU). After an initial round of selections where neither she nor another candidate were deemed suitable, the positions were re-advertised. This time, both Dr. Kausar and the other applicant qualified. Here’s where the process gets interesting. A Selection Board, specifically designed for such evaluations, recommended Dr. Kausar for the post. The University Syndicate, the governing body, then approved this recommendation. However, a technicality emerged, putting the appointment on hold. In the meantime, Dr. Kausar’s competitor filed legal challenges, creating further delays. Finally, after navigating these hurdles, the University Syndicate once again gave its approval for Dr. Kausar’s appointment. But the plot thickens. The Chancellor, the head of the University, surprisingly ordered the positions to be re-advertised, essentially going back on the previous approvals. Seeking Justice in the Courtroom Unwilling to accept this turn of events, Dr. Kausar decided to fight for her rightful position. She challenged the Chancellor’s order in the LHC, arguing that the University had no authority to revisit her selection after it had already been approved by both the Selection Board and the Syndicate. HC Upholds Procedural Fairness The LHC, in a landmark judgment, sided with Dr. Kausar. The Court meticulously examined the university’s statutes, the governing rules that outline selection procedures. The judgment highlighted that the University had not followed these established protocols. The Court emphasized that the Selection Board’s recommendation, followed by the Syndicate’s approval, should have been the final step. By arbitrarily revisiting the decision, the University had deviated from the legal framework. A Win-Win for All The LHC’s judgment serves as a powerful reminder for universities across the country. Here’s why adhering to proper procedures matters: Fairness and Transparency Established procedures create a level playing field for all candidates. Clear guidelines eliminate ambiguity and potential bias, ensuring a fair and transparent selection process. Protects of Rights Following procedures protects both universities and candidates. Universities are shielded from accusations of unfairness, while candidates are guaranteed a selection process that adheres to legal and institutional frameworks. Institutional Credibility Universities hold a position of trust in society. Adherence to proper procedures upholds their reputation and fosters confidence in their academic decisions. Legal Battles Following established protocols streamlines the selection process, minimizing unnecessary delays and the possibility of costly legal disputes like the one Dr. Kausar faced. Beyond Dr. Kausar’s Case: A Call for Reform The LHC judgment serves as a springboard for a larger conversation about university appointment procedures in Pakistan. Here are some additional points to consider: Streamlining Procedures Universities should periodically review and update their selection processes to ensure clarity, efficiency, and adherence to legal requirements. Capacity Building Training staff and committees involved in the selection process can ensure proper interpretation and implementation of established procedures. Effective Communication Clear communication with all applicants, from the initial stages of advertisement to the final decision, fosters trust and transparency. A Roadmap for a Fairer Future The case of Dr. Kausar is a cautionary tale but also a beacon of hope. By adhering to established procedures, universities can create a more just and efficient system for appointing faculty. This fosters a positive environment for both the institutions themselves and the aspiring academics who contribute to the educational landscape of Pakistan. Contact Us This case also underscores the significance of legal recourse in ensuring fair processes and upholding the rights of individuals. As universities strive for excellence, following proper procedures remains a key ingredient for a thriving academic ecosystem. Our panel of skilled Lawyers in Pakistan specializes in education cases in Pakistan and offers personalized advice and robust legal solutions. The PDF for the Full citation is below for reference. 2024LHC2817 AI Legal Site: For general information, visit 24Justice.com – Pakistan’s First Legal AI Site. Personalized Assistance: For more specific queries or legal representation, reach out to us: Call: 0092 308 5510031 WhatsApp: 0092 308 5510031 Contact Form: Prefer writing? Fill out our contact form below, and we’ll respond promptly. [wpforms id=”4658″]

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Lahore High Court Judgment clarifies PESSI Service Regulations

Lahore High Court Judgment clarifies PESSI Service Regulations

Understanding the Lahore High Court Judgment on PESSI Service Regulations   On May 16, 2024, the Lahore High Court delivered a significant judgment in the case of W.P. No. 60763/2023. This case, filed by Wajahat Hussain Hussaini and others against the Commissioner of the Punjab Employees Social Security Institution (PESSI), challenged an office order dated August 31, 2023. This order amended the Punjab Employees Social Security Institution (Revised Service) Regulations, 2008. Let’s delve into the intricacies of this case, its arguments, and the court’s decision, making it comprehensible for the general reader. Case History   The petitioners, who are permanent employees of PESSI, sought to be appointed to the post of Assistant under a 25% graduate quota reserved for PESSI employees. They had completed the process for this appointment in 2018. However, before their formal appointment orders were issued, the regulations were amended on August 31, 2023. The petitioners argued that this amendment infringed on their vested rights and sought enforcement of the original regulations, backed by an order from the Chairman of the Governing Body of PESSI dated January 9, 2023. Petitioners’ Arguments in PESSI Service Regulation Dispute • Petitioners’ lawyer argued they had a legitimate expectation of appointment under original regulations. • The chairman’s previous decision to enforce the original regulations should be maintained. •  Changes to regulations went beyond the Punjab Employees Social Security Ordinance, 1965. • Amending regulations violated petitioners’ accrued rights. • Case of Nadeem Zuberi vs. Civil Aviation Authority cited to support enforceability of notified regulations.  Respondents’ Counterarguments On the other hand, the respondents, represented by Mr. Muhammad Ali Farooq, argued that the petition was not maintainable as the petitioners were seeking enforcement of non-statutory regulations. They maintained that the Governing Body of PESSI had lawfully amended the regulations and that no vested rights had accrued to the petitioners before the amendment. Court’s Analysis Court’s Focus Justice Sheikh examined if the PESSI regulations were enforceable by the court (i.e., statutory). Power to Make Rules The court analyzed sections 79 and 80 of the Punjab Employees Social Security Ordinance. Section 79: Provincial Government can make rules. Section 80: Governing Body can make regulations. Key Framed Question Do Governing Body regulations have the force of law (statutory)? Precedents Cited The court referred to past rulings where regulations made by governing bodies (not the government) were deemed non-statutory. (e.g., National Data and Registration Authority Ordinance) Court’s Conclusion Since the PESSI regulations were made by the Governing Body, not the government, they were deemed non-statutory. Court Decision Based on the legal framework and precedents, the court concluded that the regulations in question were non-statutory. Therefore, the petition for their enforcement was not maintainable. Furthermore, the court affirmed that the Governing Body had the authority to amend the regulations. This authority is granted by section 80(2)(viii) and (x) of the Ordinance. Since the petitioners were never formally appointed under the un-amended regulations, they had no vested rights to claim. Consequently, the court dismissed the petition as both non-maintainable and meritless. Implications and Takeaways This judgment underscores a critical aspect of administrative law: the distinction between statutory and non-statutory regulations. For regulations to be enforceable through a constitutional petition, they must be framed by the government and have the force of law. PESSI Service Regulations made by a governing body, without government approval, do not hold the same legal status. For employees and employers within institutions like PESSI, this case highlights the importance of understanding the legal framework governing appointments. It also emphasizes the limits of vested rights. Amendments to regulations by an authorized governing body, if within their jurisdiction, are legitimate and binding unless proven otherwise. Contact Us The Lahore High Court’s decision in W.P. No. 60763/2023 serves as a pivotal reference for cases involving the enforcement of service regulations. It clarifies the legal standing of regulations made by governing bodies versus those made by the government. For the petitioners, while the outcome may seem unfavorable, it reinforces the principle that only statutory regulations can be enforced through constitutional petitions. This ensures that legal processes remain clear and consistent. Below is the full citation in PDF format for your reference. 2024LHC2239 Our panel of skilled Lawyers in Pakistan specializes in business cases in Pakistan and offers personalized advice and robust legal solutions. AI Legal Site: For general information, visit 24Justice.com – Pakistan’s First Legal AI Site. Personalized Assistance: For more specific queries or legal representation, reach out to us: Call: 0092 308 5510031 WhatsApp: 0092 308 5510031 Contact Form: Prefer writing? Fill out our contact form below, and we’ll respond promptly. [wpforms id=”4658″]  

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Bounced Cheque Blues? Don't Tear Up Just Yet: Legal Insights

Torn Cheque Blues? Don’t Tear Up Just Yet: Legal Insights

Don’t Tear Up That Check Just Yet: A Legal Case Breakdown This blog post tackles a recent legal case decided by the Lahore High Court, Multan Bench. It simplifies the legalese for everyday folks and explains what the court decided about torn cheques and unpaid dues. The Case: A Torn Cheque and Broken Trust? Imagine Liaquat Ali owes Noor Ahmad a significant sum of money (Rs. 1,100,000!). As security, Liaquat issues a cheque to Noor Ahmad. But here’s the twist: the cheque is torn! Noor Ahmad sues Liaquat to recover the money. The Legal Battleground Liaquat argues that the torn cheque shouldn’t be a basis for the lawsuit. He claims the ripped condition makes it an invalid instrument. Additionally, he contests the very reason for the cheque – he says it was meant for arbitrators in a previous dispute, not Noor Ahmad directly. Torn Checks: Fact vs. Fiction The court wrestles with two key questions: Does a torn cheque lose its legal validity? No, not necessarily. The Negotiable Instruments Act says a cheque can still be valid even if torn, as long as crucial details like payee name, amount, and drawer’s signature remain intact. In this case, the court found the essential information was clear on the torn cheque. Who has the burden of proof? The presumption in Pakistan is that a cheque is issued for a valid reason and the amount is due. This puts the burden on Liaquat, the one who issued the cheque, to prove otherwise. Judgement on Bounced Cheque Contradictory Stories The court finds his explanations about the cheque fishy. He first claims it was for arbitrators, then changes his story in court. This weakens his case. Missing Evidence Liaquat doesn’t provide any evidence to support his claims – no witness arbitrators, no proof of a settled dispute. Key Factors Torn cheques can still be valid Don’t automatically assume a ripped cheque is useless. If the crucial details are clear, it can still be used for legal claims. Keep good records If you issue a cheque, especially for a large sum, keep a record of the reason and any agreements. This can be helpful in case of future disputes. Burden of proof is on the issuer If you issue a cheque and then claim it shouldn’t be cashed, you’ll need solid evidence to convince the court. Contact Us This blog post simplifies a legal case but isn’t a substitute for professional legal advice. If you face a situation involving cheques or debt recovery, consult a lawyer for guidance specific to your circumstances. The PDF for the Full citation is below for reference. 2024LHC3063 Our panel of skilled Lawyers in Pakistan specializes in finance cases in Pakistan and offers personalized advice and robust legal solutions. AI Legal Site: For general information, visit 24Justice.com – Pakistan’s First Legal AI Site. Personalized Assistance: For more specific queries or legal representation, reach out to us: Call: 0092 308 5510031 WhatsApp: 0092 308 5510031 Contact Form: Prefer writing? Fill out our contact form below, and we’ll respond promptly. [wpforms id=”4658″]

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Lahore High Court Orders Doctor to Pay Rs 1 Crore in Damages for Medical Negligence

Lahore High Court Orders Doctor to Pay Rs 1 Crore in Damages for Medical Negligence

Lahore High Court Orders Doctor to Pay Rs 1 Crore in Damages for Medical Negligence   In a landmark decision, the Lahore High Court Orders Doctor to Pay Rs 1 Crore in Damages for Medical Negligence to a patient who suffered severe injuries due to medical negligence. The case highlights the importance of holding healthcare providers in Pakistan accountable for their actions and ensuring that patients receive fair compensation for damages. Background of the Case   The appellant, a student at the Agriculture University in Faisalabad, underwent surgery at Allied Hospital in 2012. However, due to the doctor’s negligence, she suffered severe injuries, including the cutting of three vertebrae and her spinal cord. The Punjab Healthcare Commission found the doctor responsible for the negligence, and the Health Department terminated the doctor’s pension. Court’s Decision   The court heard testimony from the claimant, her father, and expert doctors. It also examined the medical report and the defendant’s statement, which established that the doctor did not have the expertise to perform the operation and had shown negligence during the surgery. The court referred to fundamental rights in the Constitution and numerous judicial precedents on medical negligence. Principles for Determining Damages   The court determined the amount of damages by considering the following principles: Reasonable and fair monetary compensation for the damage caused Monetary compensation for pain and suffering Compensation for loss of amenities Medical expenses Loss of earnings Other financial losses such as travel expenses and special care costs Findings of the Court   The court’s decision to increase the damages from Rs 50 lakh to Rs 1 crore sets a precedent for medical negligence cases in Pakistan. It emphasizes the importance of holding healthcare providers accountable for their actions and ensuring that patients receive fair compensation for damages. This case can be cited as Regular First Appeal No. 70634 of 2023.Lahore High Court orders Rs 1 crore in damages for medical negligence, highlighting accountability in healthcare and ensuring fair compensation for patients. The PDF for the Full citation is below for reference. 24Justice Medical Negligence 205 LHC 2024 Our panel of skilled Lawyers in Pakistan specializes in medical malpractice cases in Pakistan and offers personalized advice and robust legal solutions. AI Legal Site: For general information, visit 24Justice.com – Pakistan’s First Legal AI Site. Personalized Assistance: For more specific queries or legal representation, reach out to us: Call: 0092 308 5510031 WhatsApp: 0092 308 5510031 Contact Form: Prefer writing? Fill out our contact form below, and we’ll respond promptly. [wpforms id=”4658″]

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What is the Procedure of khula for Overseas Pakistan?

Understanding the Process of Khula in Pakistan: A Guide for Overseas and Local Pakistanis. Can a woman marry after Khula? Yes, a woman can marry again after a khula, after iddat. In some cultures, the khula is a final act of marital separation. After the khula, a woman is considered divorced. She is no longer legally married to her husband Islamic and Legal Basis of Khulla Khula, in Islamic jurisprudence, is a form of divorce initiated by the wife, signifying her desire to dissolve the marriage contract. Rooted in the Quran and Hadith, it reflects Islam’s acknowledgment of a woman’s right to seek separation under specific circumstances. The Quranic verse (2:229) and several Hadiths outline the principles and conditions under which Khula can be granted, emphasizing fairness and the return of the dowry (mahr) or other gifts by the wife to the husband. In Pakistan, the legal framework for Khulla is embedded within the Muslim Family Laws Ordinance, 1961, and subsequent amendments. The law requires the involvement of a Family Court and a mandatory arbitration process. The wife must file a suit for dissolution of marriage, stating her reasons for seeking Khulla. These reasons often involve incompatibility, abuse, or neglect, though the law does not strictly limit the grounds. The Pakistani legal system’s interpretation of Islamic law in the context of Khulla aims to balance religious doctrine with the realities of modern marital relationships. This balance is crucial in providing women with a lawful means of seeking autonomy and relief from marital discord while ensuring that the process adheres to Islamic principles. Understanding this legal and religious foundation is essential for Pakistani women, both local and overseas, as it shapes the entire process of seeking Khulla and influences the legal outcomes of such cases. Is husband consent needed for khula? No, the husband’s consent is not needed. This is a one-way divorce where it is done purely on the will of the wife. Khula for Overseas Pakistanis Overseas Pakistanis face unique challenges when seeking Khulla. However, the Pakistani legal system provides mechanisms to facilitate this process even when one or both spouses are abroad. Initiating Khulla from Abroad:– Overseas Pakistani women can initiate Khulla proceedings through the Pakistani embassy or consulate in their country of residence.– The process starts by submitting a Khulla petition, similar to the one filed within Pakistan, detailing the reasons for seeking the divorce. Legal Representation:– If the petitioner cannot return to Pakistan, she can appoint a legal representative (a lawyer or a family member) in Pakistan to handle the proceedings on her behalf.– A power of attorney, duly attested by the Pakistani embassy, is required to authorize this representation. Court Proceedings:– The Family Court in Pakistan handles the case as it would for residents. This includes issuing a notice to the husband, who may be in Pakistan or another country.– The embassy or consulate can facilitate the delivery of court notices and documents to the parties involved. Reconciliation Efforts:– As with local cases, reconciliation efforts are a mandatory part of the process. These can be coordinated through the embassy or consulate or handled by the appointed legal representative in Pakistan. Decree and Documentation:– Upon completion of the court proceedings and the granting of Khulla, the decree is sent to the petitioner abroad.– The final divorce certificate can be obtained from the Union Council in Pakistan through the legal representative. Challenges and Solutions:– Overseas Pakistanis may face longer processing times and logistical challenges.– Staying informed about the proceedings and maintaining regular communication with the legal representative is crucial for a smooth process. Procedure for Khula in Pakistan Filing for Khulla in Pakistan involves a legal process that requires careful navigation through the country’s family court system. Here is a step-by-step guide to this procedure: Filing a Khulla Petition:– The process begins with the wife filing a petition for Khulla in the Family Court. This petition must clearly state the reasons for seeking the divorce.– The petition should include personal details of both spouses, marriage details, and the specifics of the dowry or other gifts to be returned. Notice and Reconciliation:– Once the petition is filed, the court issues a notice to the husband and appoints a reconciliation committee. This step is mandated by law to explore the possibility of reconciliation between the parties.– The reconciliation process typically lasts for 30 to 90 days. If reconciliation fails, the court proceeds with the Khulla case. Court Proceedings and Evidence:– During the court hearings, both parties are allowed to present their arguments and evidence.– The wife may need to present witnesses or other forms of evidence to support her claim for Khulla. Return of Mahr and Gifts:– A critical aspect of Khulla is the wife’s willingness to return the Mahr (dower) or other gifts received from the husband during marriage, as a compromise for ending the marital bond.– The court determines the amount to be returned based on the circumstances of each case. Court’s Decision:– After considering all factors and evidence, the court decides on the Khulla petition.– If granted, a decree of dissolution of marriage is issued, legally ending the marriage. Certificate of Divorce:– Following the decree, the wife can obtain a divorce certificate from the Union Council or relevant local body. This certificate is a formal document confirming the legal dissolution of the marriage. This process, while legally straightforward, can be emotionally and socially challenging. It is advisable for women seeking Khulla to consult with one of our legal experts to navigate the complexities of the case effectively. Find out more about Khula in Pakistan Dive deeper into the world of legal knowledge at 24justice.com. Our AI-driven platform is tailored to provide you with comprehensive insights and answers based on Pakistani and Islamic Law. Our team of expert lawyers is just a call or a message away. Reach out to us for specialized guidance: Call: 0092 308 5510031 WhatsApp: 0092 308 5510031 Prefer writing to us? Simply fill out the contact form below and we’ll get

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