| Citation(s) |
| 1997 SLG 492 1997 SLD 492 = 1997 PLD 680 |
Lahore High Court
Writ Petition No. 9458 of 1994, decided on 12th August,1997.
FAQIR MUHAMMAD KHOKHAR, J
Ch. Bashir Ahmad Chadhar for Petitioner. Muhammad Nawaz and Ghulam Haider Al-Ghazali A.A.G ,for
Respondents
MUHAMMAD RIAZvsDISTRICT COLLECTOR, OKARA and 3 others
Law: Muslim Family Laws Ordinance, 1961
Section: 9
Law: West Pakistan Land Revenue Act, 1967
Section: 82
Law: West Pakistan Family Courts Act, 1964
Section: 13 do 20
Law: Constitution of Pakistan, 1973
Section: 199
(a) Muslim Family Laws Ordinance (VIII of 1961)-------S. 9---West Pakistan Land Revenue Act (XVII of 1967), S.82---Recovery of amount of maintenance as arrears of land revenue---Defaulter had already served out maximum period of 40 days of detention before proceedings in terms of S.82, West Pakistan Land Revenue Act, 1967, were initiated against him--�Effect---No provision existed in West Pakistan Land Revenue Act, 1967, for issuance of warrants of arrest and detention after defaulter had served out maximum period of detention---Provisions of S.82, West Pakistan Land Revenue Act, 1967 being restraint on personal liberty, have to be strictly construed so as to prevent any misuse of public power by Public Officer---No express provision having been made for repeated deprivation of personal liberty, repeated warrants of arrest could not be issued against defaulter.Malik K. Dhanalakshmi Animal v. Malik Krishnamurti AIR 1951 Mad. 756; Emperor v. Bani AIR 1938 All. 386 and (1983) 7 Bom. 106 ref.(b) West Pakistan Family Courts Act (XXXV of 1964)-------Ss. 13 do 20---West Pakistan Land Revenue Act (XVII of 1967), S.82--�Criminal Procedure Code (V of 1898), S. 488---Decretal amount of maintenance---Power of Family Court to realise such amount---Powers of Family Courts under Ss. 13 & 20, West Pakistan Family Courts Act, 1964, were not restricted to recover decretal amount of maintenance only as arrears of land revenue but were exercisable as Civil Court executing money decree and also under 5.488, Criminal Procedure Code, 1898.Qurban Ali Khan v. IV Civil and Family Judge (Central), Karachi PLD 1993 Kar. 159 rel.(c) Muslim Family Laws Ordinance (VIII of 1961)-------S. 9---West Pakistan Land Revenue Act (XVII of 1967), S.82---Constitution of Pakistan (1973), Art. 199---Maxim: "Nemo debet bis vexari pro una et eadem causa"---Applicability---Recovery of maintenance as arrears of land revenue in execution of decree---Applicability of maxim "Nemo debet bis vexari pro una et eadem causa" (No man shall be twice vexed for one and the same cause)--�Extent---For recovery of maintenance as arrears of land revenue, any defaulter who had once served out maximum period of…
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