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Tribute to Respectable Sir AfraSiab Mohal and his Judicial Academy :

Thursday 11-07-19 marks Sixth Aniversary of Afrasiab Mohal Judicial & Services Academy.
six years of hard work and success. Thousands of students became part of this institute during this time and a number of them got selected to various positions related to judiciary and Law. AfraSiab Mohal Advcate is well versed with Law. He has been a dedicated and devoted teacher who focused and worked on every student individually. A clear difference was felt by everyone who studied there. His teaching methodologies keep students motivated and passionate. May this institute progress more and more with every passing day.
Regards' Kashif Shafi Sahito Advocate High Court.

PLJ 2022 Cr.C. 257

Second marriage without permission; offence u/s 6(5)(6) of Muslim Family Laws Ordinance, 1961, can only be tried by the Family Court.
PLJ 2022 Cr.C. 257
[Lahore High Court, Bahawalpur Bench]
Present: Muhammad Amjad Rafiq, J.
MUZAFFAR NAWAZ--Petitioner
versus
ISHRAT RASOOL and another--Respondents
Crl. Rev. No. 168 of 2019, heard on 13.9.2021.
Criminal Procedure Code, 1898 (V of 1898)--
----Ss. 435/439--Muslim Family Laws Ordinance, (VIII of 1961),
S. 6(5)(b)--W.P. Family Courts Act, ( # # of 1964), S. 20--Petitioner contracted second marriage during the existence of first wife, without the permission of the first wife--complaint was marked to the magistrate section 30 who after trial, convicted the petitioner--S. 5 & 20 has not been altered, repealed or amended by the competent authority, as such, the same is in vogue and applicable with all force--Only the family Court had the jurisdiction to try a complaint under S. 6(5)(b) of the Muslim Family Laws Ordinance, 1961; trial conducted by the magistrate was blatant violation of Article 175(2) of the constitution--Magistrate has erroneously assumed the jurisdiction, hence, the trial stands vitiated--Criminal Revision is allowed--Judgments of both the Courts below set aside and all the proceedings conducted by these Courts are quashed. [Pp. 258 & 261] A, F, G, H & I
Appeal--
----Jurisdiction error--If there was some error in the forum of trial, the same stood rectified in appeal before the learned appellate Court.
[P. 259] B
1992 MLD 93; PLD 2017 SC 187; 1993 SCMR 1901; PLD 1991 Lahore 247; PLD 1985 Lahore 165 ref.
West Pakistan Family Courts Act, 1964 ( # # of 1964)--
----S. 5--Word “Exclusive” used in s. 5 makes it vividly clear that no other Court can assume jurisdiction in respect of provisions of Muslim Family Laws Ordinance except the constituted under the West Pakistan Family Courts act, 1964. [P. 260] C
West Pakistan Family Courts Act, 1964 ( # # of 1964)--
----S. 5--Jurisdiction--Criminal proceedings--Only the Family Court can assume the jurisdiction in some offences of, PPC as mentioned in Part II of the Schedule, if committed against the spouses. [P. 260] D
West Pakistan Family Courts Act, 1964 ( # # of 1964)--
----S. 20--Criminal procedure code, 1898--S. 20 of West Pakistan family Courts act, 1964 was authorized to act as Magistrate of 1st class under code of criminal procedure, 1898. [P. 260] E
Malik Imtiaz Mahmood Awan, Advocate with Petitioner.
Mr. Muhammad Latif, Additional Prosecutor General for State.
Hafiz Khaliq Ditta Langah, Advocate for Respondent.
Date of hearing: 13.9.2021.
Judgment
Briefly the facts of the case giving rise to the instant criminal revision are that Mst. Ishrat Rasool/Respondent No. 1, as first wife of Muzaffar Nawaz accused/ petitioner, filed a private complaint under Section 6 (5)(b) of The Muslim Family Laws Ordinance, 1961 against said Muzaffar Nawaz contending that she contracted marriage with him on 02.09.2013, during subsistence of that marriage and without getting her permission, Muzaffar Nawaz contracted another marriage with Mst. Sitara Jabeen on 15.04.2015. The said complaint was marked to the Magistrate Section 30, Rahim Yar Khan, who after recording cursory evidence, summoned the accused, framed the charge, recorded evidence of respective parties and on conclusion of trial vide judgment dated 17.05.2019 convicted the accused/petitioner under Section 6(5)(b) of The Muslim Family Laws Ordinance, 1961 and sentenced him to simple imprisonment for three months with fine of five hundred thousand rupees, in case of default in payment of fine, the accused was to further suffer simple imprisonment for two months. Against his said conviction and sentence, the accused/petitioner filed an appeal before the learned Additional Sessions Judge, Rahim Yar Khan, which was dismissed vide judgment dated 12.09.2019, hence, the instant criminal revision.
2. The main stance of learned counsel for the petitioner is that the complaint filed by the respondent could only be tried by the Family Court and not by a Magistrate and here in this case as the complaint was tried by a Magistrate, who had no jurisdiction in the matter, therefore, the entire proceedings including the trial would stand vitiated.
3. On the other hand, learned counsel for complainant/ respondent opposed the above arguments and contended that even if there was some error in the forum of trial, the same stood rectified in appeal before the learned appellate Court. In support of his contentions learned counsel placed reliance on the case “Naseem Akhtar Durrani versus Mst. Abida Sultan and 3 others” (1992 MLD 93), “Ishtiaq Ahmad versus The State and others” (PLD 2017 SC 187), “Bshrat Iqbal versus The State and another” (1993 SCMR 1901)’ “Shaukat Ali versus Kalsoom Akhtar and another” (PLD 1991 Lahore 247) and “Mst. Fauzia Hussain versus Mian Khadim Hussain” (PLD 1985 Lahore 165).
4. After hearing the arguments of learned counsel for the parties, the moot point here in this case turns out to be that what would be the proper forum to try a complaint under Section 6(5)(b) of The Muslim Family Laws Ordinance, 1961 i.e. a Judicial Magistrate simplicitor or necessarily it be a Judge Family Court who may also enjoy the powers of a Judicial Magistrate, as required by Section 20 of the West Pakistan Family Courts Act, 1964 (amended by Family Courts (Amendment) Ordinance 2002)? Before proceeding further relevant provisions i.e. Section 5 and Section 20 (as amended by Family Courts (Amendment) Ordinance 2002) of the West Pakistan Family Courts Act, 1964, are reproduced here under:
S.5. Jurisdiction--- [(1)] Subject to the provisions of the Muslim Family Laws Ordinance, 1961, and the Conciliation Courts Ordinance, 1961, the Family Courts shall have exclusive jurisdiction to entertain, hear and adjudicate upon matters specified in [Part I of the Schedule.”]
[(2)] Notwithstanding anything contained in the Code of Criminal Procedure, 1898 (Act V of 1898), the Family Court shall have jurisdiction to try the offences specified in Part II of the Schedule, where one of the spouses is victim of an offence committed by the other.
(3) The High Court may with approval of the Government, amend the schedule so as to alter, delete or add any entry thereto.”]
Section 20 (as amended by Family Courts (Amendment) Ordinance 2002)
[Section 20. Family Court as Judicial Magistrate. - (1) A Family Court shall be deemed as the Judicial Magistrate of the first class under the Code of Criminal Procedure, 1898 (V of 1898) for taking cognizance and trial of any offence under this Act; the Muslim Family Laws Ordinance, 1961 (VII of 1961), and the Child Marriage Restraint Act, 1929 (XIX of 1929).
(2) A Family Court shall conduct the trial of an offence under subsection (1) in accordance with the provisions of Chapter XXII of the Code of Criminal Procedure, 1898 (V of 1898) relating to the summary trial.
(3) An offence other than contempt of a Family Court shall be cognizable on the complaint of the Union Council, Arbitration Council or the aggrieved party.]
The intention of legislature reflected from the amendment introduced above is to fold all family affairs under an umbrella so that sanctity of family affairs and dignity of spouses could be saved from public exposure in ordinary Courts. The word “exclusive” used in Section 5 makes it vividly clear that no other Court can assume jurisdiction in respect of provisions of Muslim Family Laws Ordinance except the Court constituted under the West Pakistan Family Courts Act, 1964; it is further clarified that only family Court can assume jurisdiction in some offences of PPC as mentioned in Part II of the Schedule, if committed against the spouses. It was the reason that under Section 20 Family Court was authorized to act as Magistrate of 1st Class under Code of Criminal Procedure, 1898. At this stage, the Court would like to specifically refer sub-Article (2) of Article 270AA of the Constitution of Islamic Republic of Pakistan, 1973, inserted by way of Eighteenth Amendment Act, X of 2010, which reads as under:
“270AA (2). Except as provided in clause (1) and subject to the provisions of the Constitution (Eighteenth Amendment) Act, 2010, all other laws including President’s Order, Acts,

Ordinances, Chief Executive’s Orders, regulations, enactments, notifications, rules, orders or bye-laws made between the twelfth day of October, one thousand nine hundred and ninety-nine and the thirty-first day of October, two thousand and three (both days inclusive) and still in force shall, continue to be in force until altered, repealed or amended by the competent authority.”
In the presence of above specific saving clause, this Court has been informed that Section 5 and 20 (as amended by Family Courts (Amendment) Ordinance 2002 (LV of 2002) has not been altered, repealed or amended by the competent authority, as such, the same is in vogue and applicable with all force. Furthermore, Article 175(2) of the Constitution of Islamic Republic of Pakistan, 1973 in clear terms provides that:
“No Court shall have any jurisdiction save as is or may be conferred on it by the Constitution or by or under any law.”
Therefore, once it is settled that per force of Section 20 (as amended by Family Courts (Amendment) Ordinance 2002) of the West Pakistan Family Courts Act, 1964, only the family Court had the jurisdiction to try a complaint under Section 6(5)(b) of The Muslim Family Laws Ordinance, 1961; trial conducted by the Magistrate was blatant violation of Article 175(2) of the Constitution, as reproduced above.
5. As a corollary, the offence under Section 6(5)(b) Muslim Family Laws Ordinance, 1961 would only be tried by family Court constituted under West Pakistan Family Courts Act, 1964. The Magistrate has erroneously assumed the jurisdiction; hence, the trial stands vitiated. Consequently, the instant criminal revision is allowed, the judgments of both the Courts below are set-aside and all the proceedings conducted by these Courts are quashed.
(K.Q.B.) Revision allowed

Regards' ⚖️

General Law paper CJ 2023

آئی ایم ایف سے قرض ملنے پر مبارک باد کس بات کی بنتی ہے ؟

دیکھو ڈاکیا آیا ہے
ساتھ اپنے خط لایا ہے
گرمی ہے یاسر دی ہے
اس کی ایک ہی وردی ہے
سر پر خاکی پگڑی ہے
ناک پہ عینک رکھی ہے
کندھے پر اک تھیلا ہے
اس میں وہ خط رکھتا ہے
دھوپ میں چل کے آیا ہے
گرمی سے گھبرایا ہے
پھر بھی گھر گھر جاتا ہے
سب کے خط پہنچاتا ہے۔
آؤ بھائی خوب آئے
لاؤ ہمیں دو کیا لائے
آھا ابا کی چٹھی آئ
آھا ابا کی چٹھی آئ

پاکستان ٹیکنالوجی کے میدان میں بہت پیچھے ہے ۔ حکومتی سطح پر ایسے کیا اقدامات کیے جائیں کہ پاکستان ٹیکنالوجی میں آگے نکلے

How do I prepare for a judiciary exam?

I take pleasure in writing my views & advice in this regard as under:-

1. First of all, set your aim for being selected as a Judicial Officer and becoming so in your life. Then proceed further in this regard with the consistent, well-planned and systematic preparation by preparing a well-planned, convenient & suitable time-table coupled with hard-work and strict discipline. If you have advantage of availability of some Judicial Officer recently selected and appointed in the State concerned where you wish to appear, try to seek his advice & guidance, which is very much helpful and crucial in the direction of your preparation.

2. Have mastery over the subject/law by exhaustively & intensively studying and assimilating the Bare-Acts concerning the subjects of the examination without ignoring anything.

3. Stress and focus on the key-points and language of the relevant provisions for answering the questions.

4. Each type/tier of the examination requires distinct strategy of its preparation. For the Preliminary Test, it requires exhaustive & intensive study without ignoring anything like illustrations, provisos, specially provided period of limitation, time/period-limits etc., while the Written Test, it requires a selective study particularly on the basis of the frequently asked questions by solving and practising to solve them and getting the same checked by your seniors. AfraSiab Mohal judicial academy has a well planned testing system to cater for this need of aspirants. Tests are duly checked and discussed.

5. Practise the previous and model practice-papers of the various examinations conducted by the various Public Service Commissions and High Courts for cultivating habit of and mastering the time-management as if you were appearing at the examination at the Examination-Hall for ensuring that no question [wholly or partly] is remained un-attempted particularly in the Written [Main] Examination. AfraSiab Mohal Judicial Academy conduct practice test and discussion of past papers once in a week.

6. Discuss the topics/problems with your peers, colleagues and seniors without any hesitation and shy. Unless you discuss the topics/problems, your doubts and hesitation shall not be won over. Think of various practical & hypothetical circumstances on the topics/problems. This will help in clearing your doubts and building the self-confidence.

7. Do not disbelieve an answer suggested and opinion rendered by your peers, colleagues and seniors without verifying and confirming from the relevant laws and material. So cultivate habit of always keeping the books of subject concerned readily for consultation.

8. Prepare own notes in your own language covering all the legal ingredients & essentials. Further supplement your notes with the latest judicial pronouncements rendered by the Hon'ble Supreme Court and the Hon'ble High Court/s by noting the Ratio-Decedendi by mentioning the name of the case. Regularly & frequently revise the Notes and make necessary corrections and improvements in the same.

9. Regularly visit side of the website of the High Court concerned and its sub-ordinate courts for writing Judgments/ Orders and framing of Charge and Issues. This part of the examination can be prepared from here by practising & writing.

10. For Language, read some standard book of Grammar of the language concerned alongwith News-Papers, Magazines and Judgments rendered by the Hon'ble Supreme Court and the Hon'ble High Court/s. It helps in preparing précis-writing, translation and Essay-writing. Competent and experienced teachers for urdu and English language are employed by AfraSiab Mohal Judicial academy who provide guidance necesary to crack language papers of Judicial exams.

11. For General Knowledge & Legal General Knowledge, regularly read News-Papers, Magazines and Judgments rendered by the Hon'ble Supreme Court and the Hon'ble High Court/s and some standard book of General Knowledge & Legal General Knowledge available in the market.

12. Remember that there is no short-cut to success and that Rome was not built in a day.

AfraSiab Mohal Adv
0345-4644423

Civil Law-I paper Cj 2023

وکالت کا شعبہ بہادری مانگتا ہے یہ ڈرپوک بندے کا کام نہیں ہے

نام بھی انہی کا ہے جو بہادر ہیں -نظریات مختلف ہو سکتے ہیں لیکن بہادری پر دوسری رائے نہیں ہے

کیا آپ اس بات سے اتفاق کرتے ہیں ؟

ایڈیشنل سیشن جج امتحان اور سول جج امتحان کے نوٹس Soft copy اور Guess پیپر کے لیے اس نمبر پر ابھی ویٹس ایپ کریں
نوٹس وغیرہ کے کوئی چارجز نہیں ہیں اپنا نام اور بار کا نام لکھ کر ویٹس ایپ کیجیے گا
پلیز اس پوسٹ کے کمنٹ بکس میں بھی اپنی بار کا نام اور فون نمبر کمنٹ کر دیجیے گا
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سول جج کی سیٹس کا اعلان ہو چکا ہے۔ اگر آپ اس بار امتحان دی رہے ہیں اور تیاری کے لئے ایک مکمل سیٹ اپ چاہتے ہیں تو "افراسیاب موہل جوڈیشل اکیڈمی لاہور" کا انتخاب کریں۔
میں خود بھی اس اکیڈمی کا طالبِ علم ہوں۔ انشاءاللّٰہ مکمل طور پر رہنمائی ملے گی۔

AfraSiab Mohal Adv
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طلاق کی صورت میں نکاح نامہ میں درج معاوضہ کی شرط غیر قانونی ھے۔

نکاح نامہ میں شوھر پر بیوی کو طلاق دینے کی صورت میں ہرجانہ کی ادائیگی کی شرط غیر شرعی اور غیر قانونی ھے۔ اور عدالت طلاق دینے کی صورت میں نکاح نامہ میں درج معاوضہ طلاق شوہر کے خلاف ڈگری نہ کرسکتی ھے.

✨ 2022 CLC 963/729 Lahore ✨
✨ PLJ 2021 Lahore 485 ✨
✨ PLD 2021 SC 449 ✨

Conditions mentioned in Column No. 16 of Nikahnama--Claim of recovery of Rs.500,000/- by the respondent/plaintiff from the petitioner/defendant on the ground of second marriage--it was mentioned in the Clause 19--Allah Almighty in Holy Qur’an has delegated uncovenanted powers to the husband to pronounce Talaq to his wife in order to avoid any transgression of Islamic bounds--A husband has an absolute right to divorce his wife and in this regard no condition is described in the Sharia as well as in the codified
law--The husband has a right to divorce his wife from his free will and no condition can be imposed in this regard--The judgments of the learned Courts below to the extent of Issue No. 4 suffer from patent illegality and are liable to be set aside--
Raja Mudasseradvocate Claim of amount in case of divorce mentioned colum of nikahnama is not maintainable
✨ 2015 CLC 138 ✨
✨ PLD 2011 SC 260 ✨
✨ 2008 SCMR 186 ✨
✨ 2012 CLC lah 837 ✨
✨ PLD 2007 lah 515 ✨
Regards' Kashif Shafi Sahito Advocate ⚖️