Law n Order n Justice

It was held in a case 2015 SCMR 1550 [Supreme Court of Pakistan] titled as Messrs MFMY INDUSTRIES LTD. and others---Appellants Vs FEDERATION OF PAKISTAN through Ministry of Commerce and others---Respondents, Civil Appeals Nos. 1646 and 2000 of 2006 and Civil Petition No.782-K of 2009, decided on 21st April, 2015. (Against the judgment dated 18-2-2009, 10-8-2006 of the High Court of Sindh, Karachi passed in C.P. No.D-2659 of 1994, C.P. No.34-D of 1995) that how judiciary is important in a State. State constituted three foundational organs i.e. Legislature, Executive and Judicature. In ordinary parlance, these (organs) were also known to be the three pillars of the State. Entire structure of the State was founded, built upon, and secured only on account of the said pillars. Due to lack/absence or imbalance in respect of any of these organs/pillars, the very concept of State was periled and its existence was put at risk. Main objects and functions of the legislative branch of the State w...

It has been described in the judgment PLD 2021 Balochistan 5 that it was contention of the defendants Nos. 1 to 3 that the suit land belongs to the State and the petitioners/plaintiffs are trying to take illegal possession of the state land, as such prayed for dismissal of the suit. The defendants stating that the petitioners/ plaintiffs filed an application for allotment of the land in question under Land Lease Policy which was not accepted vide order dated 13th May 2011, against which the petitioners/plaintiffs filed appeal before Commissioner Ziarat at Sibi, as such suit is not maintainable and liable to be rejected under Order VII, Rule 11, C.P.C. 5. The respondents/defendants Nos. 29 to 54 submitted their written statement by denying the contents of the plaint and prayed for dismissal of the plaint. 6. After receiving pleadings of the parties, the learned trial court framed the following issues on 12th October 2011: "i. Whether the plaintiffs are entitled to the allotment of ...

2021 LHC 4054 The preamble to Benami Act provides that it has been established to prohibit benami transactions and the right to recover properties held benami as well as for matters connected or incidental thereto. A reading of Benami Act discloses that, no person shall enter into any benami transaction in terms of Section 3; it applies both to the person who lends his name and also to the real purchaser; however, this does not apply to a situation where a person purchases property for the benefit of, inter alia, his spouse or child etc., as envisaged under Section 2(8)(A)(b)(ii); entering into a benami transaction is declared to be an offense by virtue of Section 51 which is non-cognizable in terms of Section 57 and Benami Act disables the real owner from enforcing any right in respect of a property held benami or putting forward a similar defense; however, this disability does not apply where the person in whose name the property is held stands in a fiduciary capacity to the benefici...