| Citation(s) |
|---|
| 1997 SLG 543 1997 SLD 543 1997 CLC 142 |
Supreme Court (AJ&K)
Sh. Appeal No.4 of 1996, decision dated: 16-07-1996
MUHAMMAD RIAZ AKHTAR CHOUDHARY, J
Deprecated: str_replace(): Passing null to parameter #3 ($subject) of type array|string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 395
Sh. Appeal No.4 of 1996, decision dated: 16-07-1996
MUHAMMAD RIAZ AKHTAR CHOUDHARY, J
Deprecated: str_replace(): Passing null to parameter #3 ($subject) of type array|string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 395
NOREEN REHMAN
VS
Raja JAVED AKHTAR
Law:
Section:
(a) Interpretation of statutes------- Intention of Legislature is of supreme importance and such intention can be ascertained from the language used in statute---Court before resorting to any other source for, assistance regarding interpretation of statute, must first seek to find basic legislative intention from words, phrases and sentences used in statute---Where, however, vague and doubtful words are used in statute, then Court will resort to other elements for ascertaining the intention of Legislature, rather than a language of statute itself. Crawford's Construction of Statutes 256 rel. 1981 CLC 243 and PLD 1985 Lah. 1118 ref. (b) Azad Jammu and Kashmir Family Courts Act, 1994--- ----Ss. 9, 10 & 18---Pre-trial hearing of case---Personal appearance of party before Family Court whether mandatory---Non-appearance of plaintiff (female) in pre-trial hearing of suit---Effect---Where date for pre-trial of hearing had been fixed by Court, it would examine plaint, written statement, precis of evidence, documents filed by parties and would also, if it so deemed fit, record statement of parties or their counsel---Parties need not appear personally, they could appear through counsel and statement of counsel on behalf of parties could be recorded---Besides Ss. 10 & 18, Family Courts Act, -empower. Court to permit any person required under the Act to appear before Family Court to be represented by authorised agent---Provision of S. 18 of the Act which enables Court to permit authorised agent to represent Pardahnashin lady does not in any manner take away right of counsel to appear and act on behalf of his client---Only provision which required party to put in appearance could be found in S. 9 of the Act whereunder defendant alone would come under obligation to put in appearance---Plaintiff, however, would not come within mischief of S. 9 of the Act and he/she need not personally appear in Court. Khalid Mahmood v. Razia Abbas PLD 1979 Lah. 217 and 1981 CLC 243 ref. (c) Azad Jammu and Kashmir Family Courts Act, 1994--- ----S. 5---Suit for dissolution of marriage---Plaintiff could file suit through her attorney---Trial Court was wrong in holding that plaintiff'sā¦
Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492