Law: Penal Code (XLV of 1860)

Section: 489-F , 24 , 25 , 34 , 36 , 37

Law: Constitution of Pakistan, 1973

Section: 9 , 14 , 8 , 310 , 8(1) , 4 , 10A , 25

(a) Penal Code (XLV of 1860)---

----S. 489-F---Contract Act (IX of 1872), S. 24---Dishonestly issuing a cheque--Agreements void, if considerations and objects unlawful in part---Scope--Petitioner gave a cheque as a guarantee to the effect that an accused in a murder trial would give the hand of his daughter in marriage to the victim party and in the event of default the petitioner would pay the amount mentioned in cheque as penalty---Accused refused to marry his daughter as per settlement and the cheque in question also bounced---Respondent moved an application before the Ex-officio Justice of Peace contending therein that the accused was liable to be prosecuted for an offence under S. 489-F, P.P.C. and the application was accepted---Held, that the compromise was effected in terms that the accused would marry his daughter in the victim party's family and the petitioner gave cheque as security for due performance of that agreement---Panchayat had, in fact, enforced the custom of vani/swara which was not only un-Islamic but also illegal---Compromise was void ab initio---So far as the cheque was concerned, it was also void under S. 24 of the Contract Act, 1872, because the consideration therefor was unlawful and against public policy---Respondent could neither sue the petitioner on the basis thereof nor invoke S. 489-F, P.P.C. for a criminal prosecution---Constitutional petition was accepted and the impugned order was set aside. (b) Constitution of Pakistan---

----Arts. 25, 34, 36 & 37---Equality of citizens---Full participation of women in national life---Protection of minorities---Promotion of social justice and eradication of social evils---Scope---Constitution of Pakistan guarantees equal rights to women and prohibits any discrimination on the basis of sex---Principles of Policy obligate the State to take steps to ensure full participation of women in all spheres of national life and to protect the marriage, the family, the mother and the child and make provision for securing just and humane conditions of work, ensuring that children and women are not employed in vocations unsuited to their age or sex, and for maternity benefits for women in employment.