| Citation(s) |
|---|
| 1996 SLG 1338 1996 SLD 1338 1996 PLD 50 |
Lahore High Court
Civil Revision No. 3957 of 1994, decided on 16th November, 1995.
MRS. FAKHAR-UN-NISA KHOKHAR, J
Haji Muhammad Rafi Siddiqui for Petitioner. Sheram Sarwar Ch. for
Respondent.
Civil Revision No. 3957 of 1994, decided on 16th November, 1995.
MRS. FAKHAR-UN-NISA KHOKHAR, J
Haji Muhammad Rafi Siddiqui for Petitioner. Sheram Sarwar Ch. for
Respondent.
Mst. HUSSAIN BIBI er
VS
SALEH MUHAMMAD---Respondent
Law:
Section:
(a) Offence of Qazf (Enforcement of Hadd) Ordinance (VIII of 1979)--- ---- Preamble --- Qazf --- Actions under Offence of Qazf (Enforcement of Hadd) Ordinance, 1979 --- Aggrieved person can sue under the ordinary law of tort for libel and can also proceed under the dictates of the Holy Qur'an as envisaged in Surrah Al-Noor for Qazf --- No right, however, is self-executory as rights are always enforceable by the Courts through judicial process. There are two remedies open to an aggrieved person. He can sue under the ordinary law of tort for libel and also proceed under the dictates of the Holy Qur'an as envisaged in Surrah Al-Noor for Qazf. Even otherwise no right is self-executory. These are always enforceable by the Courts through judicial process. Even otherwise the natural law casts a duty on a person not to abuse one's right in the exercise of his right. A person is presumed to exercise his right with the utmost reasonable regards to the interest of others and not to act in a vexatious manner to harm the right of reputation of other person. (b) Defamation ---- Definition --- Defamation is publication of a statement which reflects on a person's reputation and tends to lower him/her in the estimation of right thinking members of the society generally or what tends to give rise in people a strong hatred, contempt or ridicule against that person "tending to shun and avoid him". (c) Defamation ---- Suit for damages---Imputation of a criminal offence --- Imputation of criminal offence is actionable per se in the probability of social ostracism of the plaintiff --- Plaintiff, even in imputation of a criminal offence punishable with imprisonment, can recover damages for malicious prosecution and for injury to his reputation. (d) Offence of Qazf (Enforcement of Hadd) Ordinance- (VIII of 1979)- ---- Preamble --- Qazf---Reputation of a woman --- Qur'an places a great emphasis upon the reputation of a 'woman in the society and besides penal provision also provides the withdrawal of civic rights of a person guilty of slander --- False allegation of adultery or commission of Zina against a woman and remedy against --- Burden of proof --- Principles --- Right of…
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