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(a) Islamic Law. . Gift. Deathbed Gift. Proof. Donor being of very old age and having unsound mind. Donor living at mercy of donee. Undue influence of donee. Lack of possession of donee. Effect. Donee allegedly gifted disputed property to one of his sons/purported donee at the exclusion of others. At the time of making Gift donee was 92/93 years old, meaning thereby that he was fairly old at the relevant time. Witnesses in their evidence stated that the donor did not enjoy sound mental health at the time of making Gift, and such evidence went unquestioned and thus remained unshaken. Such evidence appeared to be quite credible when considered in light of the age of the donor and other attending circumstances. Element of undue influence of donee could not be ruled out when the donor being old, infirm and incapacitated was living at the mercy of the donee. Alleged donee made contradictory statements regarding delivery of possession of disputed property to him and could not be said to have discharged the burden of proof to prove all the essentials of a Gift, therefore no valid Gift was ever made in his favour. Appeal was allowed accordingly. Mst. Hamida Begum v. Mst. Murad Begum and others PLD 1975 SC 624 ref. Shamshad Ali Shah and others v. Syed Hassan Shah and others PLD 1964 SC 143 and Mst. Chanan Bibi and 4 others v. Muhammad Shafi and 3 others PLD 1977 SC 28 distinguished.  2014-SCMR-1181

(b) Islamic Law. Gift. Mental health of donor. Relevance. Evidence regarding mental health of donor could devastate the very basis of a Gift. 2014-SCMR-1181

(c) Islamic Law. Gift. Validity of Gift challenged. Burden of proof. When a Gift was challenged, the burden of proof lay on the donee to prove that all essentials of the Gift were fulfilled. 2014-SCMR-1181 [Supreme Court of Pakistan] Present: Ejaz Afzal Khan and Gulzar Ahmed, JJ. Rab Nawaz and others Versus Ghulam Rasul – C.A. No.2195 of 2006, decided on 21st February, 2014. (On appeal against the judgment dated 11-11-2002 passed by the Lahore High Court, Lahore in C.R. No.2275 of 1995)

Supreme Court of Pakistan – Islamabad

Posted by on Feb 7, 2015 in CIVIL, MainTopic | Comments Off on Supreme Court of Pakistan – Islamabad

Supreme Court of Pakistan – Islamabad

Supreme Court of Pakistan www.supremecourt.gov.pk/ Cause Lists Final Cause List – Supplementary Cause List – Islamabad Registry Online Case Status Home > Online Case Status. Online Case Status. CASE … Judgments / Orders 2013-2014 · 2012-2013 · 2010-2011 · Forms. Home … Hon’ble Judges … 2012-2013 · 2010-2011 · Forms. Home > Judges & Staff > Hon … Final Cause List Home > Final Cause List. Final Cause List. Final Cause List – 6. Supplementary Cause List Home > Supplementary Cause List. Supplementary Cause List … More results from...

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Judicial System of Pakistan

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Judicial System of Pakistan

The Judicial System of Pakistan by Dr Faqir Hussain Registrar, Supreme Court of Pakistan. Revised 15th February 2011 General The roots of the current judicial system of Pakistan stretch back to the medieval period and even before. The judicial system that we practice today has evolved over a long period of time, spanning roughly over a whole millennium. The system has passed through several epochs covering the Hindu era, Muslim period including the Mughal dynasty, British colonial period and post-independence period. Notwithstanding the successive changes i.e. one rule/dynasty substituted by the other, which naturally resulted in the socio-economic and political transformation of the Indian society, the judicial system generally maintained a steady growth and gradual advance towards consolidation and improvement/refinement, without indeed, having to undergo any major disruption or substantial change. All in all, the system experienced and passed through 3 distinct stages of historical development, namely, Hindu Kingdom, Muslim Rule and British Colonial administration. The 4th and current era, commenced with the partition of India and the establishment of Pakistan as a sovereign and independent State. The system, thus, has evolved through a process of reform and development. This conclusion enjoys near unanimity among historians and commentators of Indian legal history. During this process of evolution and growth, the judicial system did receive influences and inspirations from foreign doctrines/notions and indigenous norms/practices, both in terms of organising courts’ structure and hierarchy, and adopting procedures/practices in reaching decisions. Therefore, the present judicial system is not an entirely foreign transplant, as is commonly alleged, but has acquired an indigenous flavour and national colour. And whereas the system may not fully suit the genius of our people or meet the local conditions, its continued application and practice has made it intelligible to the common man. The very fact that increasing number of people are making resort to the courts for the resolution of their conflicts/disputes, indicates that the system enjoys a degree of legitimacy and...

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Condemnation of Terrorism from Society

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Condemnation of Terrorism from Society

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Islamic Republic of Pakistan

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Islamic Republic of Pakistan

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National Assembly Passed Bill against Terrorism

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National Assembly Passed Bill against Terrorism

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