| Citation(s) |
|---|
| 2019 SLG 1366 2019 SLD 1366 2019 PLD 9 |
Supreme Court (AJ&K)
(On appeal from the judgment of the High Court Dated 5-7-2018 in Writ Petitions Nos. 161 of 2013 and 3114 of 2016). Civil Appeals Nos. 299 and 330 of 2018, decision Dated: 10-01-2019. Hearing Dated: 04-12-2018. (On appeal from the judgment of the High Cor
RAJA SAEED AKRAM KHAN, JUSTICE GHULAM MUSTAFA MUGHAL, JUSTICE
Petitioner(s) by: Raja Gul Majeed Khan (in Civil Appeal No.299 of 2018). Shahid Ali Awan, Advocate ((in Civil Appeal No.330 of 2018).
Respondent(s) by: Fayyaz Ahmed Janjua No.1 (in Civil Appeal No.299 of 2018). Sardar Karam Dad Khan, Advocate-General,
(On appeal from the judgment of the High Court Dated 5-7-2018 in Writ Petitions Nos. 161 of 2013 and 3114 of 2016). Civil Appeals Nos. 299 and 330 of 2018, decision Dated: 10-01-2019. Hearing Dated: 04-12-2018. (On appeal from the judgment of the High Cor
RAJA SAEED AKRAM KHAN, JUSTICE GHULAM MUSTAFA MUGHAL, JUSTICE
Petitioner(s) by: Raja Gul Majeed Khan (in Civil Appeal No.299 of 2018). Shahid Ali Awan, Advocate ((in Civil Appeal No.330 of 2018).
Respondent(s) by: Fayyaz Ahmed Janjua No.1 (in Civil Appeal No.299 of 2018). Sardar Karam Dad Khan, Advocate-General,
YASIR BASHIR
VS
SABA YASIR AND OTHERS MST. MANAZA WARIS AND 3 OTHERS VS MUSHTAQ HUSSAIN AND OTHERS
Law: Civil Procedure Code (V of 1908)
Section: 13,40,44A,46,47
Law: Constitution of Pakistan, 1973
Section: 1,257
Law: Azad Jammu and Kashmir Interim Constitution Act, 1974
Section: 2,19
Law: Family Courts Act, 1964
Section: 5,Schedule
(a) Civil Procedure Code (V of 1908)--- ----Ss. 46, 13, 44-A & 47---Family Courts Act (XXXV of 1964), S.5, Sched---Suit for recovery of maintenance allowance---Execution of decrees passed by the Family Court of Pakistan in Azad Jammu and Kashmir---Requirements---Decree passed by the Family Court of Pakistan was sent for execution in Azad Jammu and Kashmir---District Judge sent the decree to the Family Judge for its execution who passed order that the decree passed by the foreign Court was not executable in Azad Jammu and Kashmir---High Court directed the Family Court to continue proceedings for execution of a decree passed by the Family Court of Pakistan on merit but restrained to execute an ex-parte decree of foreign Court---Validity---Decree passed by the Court of Pakistan could only be executed in the territory of Azad Jammu and Kashmir while complying with the statutory provisions of S.44-A, C.P.C.---Supreme Court observed that governments of Pakistan and Azad Jammu and Kashmir should make reciprocal arrangements for execution of decrees by notification to be published in the official gazette---Decrees passed by the Courts of Pakistan could be executed through reciprocal arrangements between the governments of Pakistan and Azad Jammu and Kashmir---Executing Court had power to attend the objection raised by the -debtor and determine the same---High Court had misconceived the statutory provisions of law---Order passed by the High Court was not sustainable in circumstances---Impugned s passed by the High Court were recalled---Appeal was allowed in circumstances. [Genuine Rights Commission v. Federal Government and others PLD 2006 HC(AJ&K) 1 Overruled]. Muhammad Siddique Rathore v. Muhammad Muzaffar Khan PLD 2005 AJ&K 1; Robeena Fazil v. Yasin Khan 2005 SCR 37; Abdul Khaliq v. Sidra Khaliq and others 2014 SCR 280; Mst. Maryam Bibi and others v. Muhammad Iqbal and others PLD 1976 AJK 9; Commissioner Income Tax v. Messrs Haji Ali Khan and others PLD 1985 SC(AJ&K) 6; Shaliq Ram v. Firm Daulat Ram Kundanmal AIR 1967 SC 739; Nazakat Parveen v. Ikhlaq Ahmed 2001 MLD 1169; Ghulam Nabi v. Banking Court and others 2001 YLR 625; Grosvenor Casino Limited…
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