IN THE COURT OF SESSIONS JUDGE, RAWALPINDI
In the matter of:
Sultan Muhammad son of Sooba Khan, resident of House No. ZB-2, Street No.30, Alam Abad, Dhoke Hassu, Rawalpindi.
…Petitioner
VERSUS
1. Raja Muhammad Shabbir son of name not known to the petitioner.
2. Raja Shahzad Shabbir son of Raja Muhammad Shabbir.
3. Yasir Shabbir son of Raja Muhammad Shabbir.
4. Tazeema Shabbir wife of Raja Muhammad Shabbir.
All residents of Carriage Factory, House No.ZB-3G, Mohallah Rajgan, Dhoke Hassu, Rawalpindi.
5. S.H.O, P.S Gunjmandi, Rawalpindi.
…Respondents
HABEAS PETITION UNDER SECTION 491 CR.P.C FOR RECOVERY OF DETENUES (1) RIZWANA BIBI (2) ZOHAIB AGED ABOUT 4-YEARS FROM THE ILLEGAL, IMPROPER CONFINEMENT OF RESPONDENTS NO.1 TO 4
Respectfully Sheweth!
1. Brief facts giving rise to the instant petition are that; the petitioner is unfortunate father of detenues namely Rizwana Bibi and maternal grandfather of detenue No.2 Zobaib.
2. That the daughter of the petitioner was married with one Raja Shahzad Shabbir and out of the wedlock, detenue No.2 was born but later on, Raja Shahzad Shabbir divorced the daughter of the petitioner and after getting divorce, she started living in Dar-ul-Amaan along with her son / detenue No.2. She was living in Dar-ul-Amaan since 21-07-09. (Copy of the application on behalf of detenue No.1 regarding sending to Dar-ul-Amaan, Rawalpindi is attached herewith for the kind perusal by this Honourable Court.
3. That the petitioner used to pay visit to Dar-ul-Amaan and see his real daughter and maternal grandson after 21-07-2009.
4. That previously, when the petitioner tried to see his real daughter in Dar-ul-Amaan, Rawalpindi, he was shocked to know that someone has taken away the detenues and on the search of the petitioner, it transpired that the ex-mother-in-law (respondent No.4) of the detenue No.1 trapped the detenues and took them with her on 12-12-2009. (Copy of the application along with statements of the respondent No.4 and that of detenues are annexed herewith for the kind perusal by this Honourable Court)
5. That when the petitioner approached to the respondents No.1 & 4, they flatly denied to take the dentenues back from the Dar-ul-Amaan and shown their unawareness about the missing of the detenues from the Dar-ul-Amaan, Rawalpindi.
6. That since previously, the family intrigues prevailed between both the families, therefore, the petitioner fairly believes and understands that the respondent No.4 managed to get the custody of the detenues and after getting their custody, she has sent them to unknown place only to avoid the meeting of the petitioner with them.
7. That the petitioner also apprehends that the respondents would cause severe damage to the persons and properties of the detenues if they remained in illegal and improper custody of the respondents No.1 to 4 due to the previous enmity.
8. That the petitioner fairly believes that being the real father of detenue No.1 and maternal grandfather of detenue No.2 has every right to see and keep their custody which is legal and proper.
9. That the petitioner also apprehends a danger to the persons and properties of the detenuues at the hands of respondents No.1 to 4.
10. That the petitioner has time and again requested the respondents No.1 to 4 to send the detenues with him but they flatly refused to accede the genuine request of the petitioner, hence this petition.
11. That the petitioner has no other alternate, efficacious, expeditious and less expensive remedy except to invoke the jurisdiction of this Honourable Court, hence this petition.
PRAYER
It is therefore, most respectfully prayed that the instant petition may kindly be allowed and the detenues may very graciously be recovered through appointment of bailiff with the help of respondent No.5 and the bailiff be directed to produce the detenues before this August Court and after their production, their persons may graciously be handed over to the petitioner which is in the best interest of the justice and for that purpose, the petitioner is ready to pay the requisite bailiff fee as per direction of this August Court.
Any other relief which this Honourable Court deems fit and proper, also be awarded to the petitioner.
Petitioner
Through
COUNSEL
SAMPLE OF AFFIDAVIT USED IN COURTS OF PAKISTAN
AFFIDAVIT
I, Ghulam Nabi s/o Ghulam Rasool, r/o House No.AA-1001 Mohallah Workshapi, Rawalpindi, do hereby solemnly affirm and declare that the contents of the accompanying application are true and correct to the best of my knowledge and belief.
…Deponent
The above mentioned affidavit is also using in legal consultancy of Pakistan.
VERIFICATION
Verified on oath at Rawalpindi on this 15th day of March 2010 that the contents of my said Affidavit are true and correct to the best of my knowledge, information and belief and nothing has been concealed therefrom.
…Deponent
I, Ghulam Nabi s/o Ghulam Rasool, r/o House No.AA-1001 Mohallah Workshapi, Rawalpindi, do hereby solemnly affirm and declare that the contents of the accompanying application are true and correct to the best of my knowledge and belief.
…Deponent
The above mentioned affidavit is also using in legal consultancy of Pakistan.
VERIFICATION
Verified on oath at Rawalpindi on this 15th day of March 2010 that the contents of my said Affidavit are true and correct to the best of my knowledge, information and belief and nothing has been concealed therefrom.
…Deponent
BRANCHES OF LAW
Administrative.
Bankruptcy.
Business.
Communications.
Constitutional.
Consumer.
Criminal law.
Cyberspace.
Disabilities.
Employment.
Entertainment.
Environmental.
Family.
Immigration.
Intellectual property.
International.
Personal injury.
Product liability.
Property.
Public Benefits.
Qui Tam.
Real Estate Law.
Torts.
Traffic.
Trust & Estate Law.
The abvoe mentioned are the branches of law and same are using in legal consultancy in Pakistan.
Bankruptcy.
Business.
Communications.
Constitutional.
Consumer.
Criminal law.
Cyberspace.
Disabilities.
Employment.
Entertainment.
Environmental.
Family.
Immigration.
Intellectual property.
International.
Personal injury.
Product liability.
Property.
Public Benefits.
Qui Tam.
Real Estate Law.
Torts.
Traffic.
Trust & Estate Law.
The abvoe mentioned are the branches of law and same are using in legal consultancy in Pakistan.
DIFFERENT DEFINITIONS OF LAW
In general, a rule of being or of conduct, established by an authority able to enforce its will; a controlling regulation; the mode or order according to which an agent or a power acts.
In morals: The will of God as the rule for the disposition and conduct of all responsible beings toward him and toward each other; a rule of living, conformable to righteousness; the rule of action as obligatory on the conscience or moral nature.
The Jewish or Mosaic code, and that part of Scripture where it is written, in distinction from the gospel; hence, also, the Old Testament. ·
An organic rule, as a constitution or charter, establishing and defining the conditions of the existence of a state or other organized community. · Any edict, decree, order, ordinance, statute, resolution, judicial, decision, usage, etc., or recognized, and enforced, by the controlling authority.
In philosophy and physics: A rule of being, operation, or change, so certain and constant that it is conceived of as imposed by the will of God or by some controlling authority; as, the law of gravitation; the laws of motion; the law heredity; the laws of thought; the laws of cause and effect; law of self-preservation.
In mathematics: The rule according to which anything, as the change of value of a variable, or the value of the terms of a series, proceeds; mode or order of sequence. · In arts, works, games, etc.:
The rules of construction, or of procedure, conforming to the conditions of success; a principle, maxim; or usage; as, the laws of poetry, of architecture, of courtesy, or of whist.
Collectively, the whole body of rules relating to one subject, or emanating from one source; including usually the writings pertaining to them, and judicial proceedings under them; as, divine law; English law; Roman law; the law of real property; insurance law.
Legal science; jurisprudence; the principles of equity; applied justice.
Trial by the laws of the land; judicial remedy; litigation; as, to go law.
An oath, as in the presence of a court.
An exclamation of mild surprise.
The learned profession that is mastered by graduate study in a law school and that is responsible for the judicial system; "he studied law at Yale"
A rule or body of rules of conduct inherent in human nature and essential to or binding upon human society.
A generalization that describes recurring facts or events in nature; "the laws of thermodynamics" · The branch of philosophy concerned with the law and the principles that lead courts to make the decisions they do·
Legal document setting forth rules governing a particular kind of activity; "there is a law against kidnapping"
The force of policemen and officers; "the law came looking for him"
The collection of rules imposed by authority; "civilization presupposes respect for the law"; "the great problem for jurisprudence to allow freedom while enforcing order"
The above mentioned definitions are also using in legal consultancy of Pakistan.
In morals: The will of God as the rule for the disposition and conduct of all responsible beings toward him and toward each other; a rule of living, conformable to righteousness; the rule of action as obligatory on the conscience or moral nature.
The Jewish or Mosaic code, and that part of Scripture where it is written, in distinction from the gospel; hence, also, the Old Testament. ·
An organic rule, as a constitution or charter, establishing and defining the conditions of the existence of a state or other organized community. · Any edict, decree, order, ordinance, statute, resolution, judicial, decision, usage, etc., or recognized, and enforced, by the controlling authority.
In philosophy and physics: A rule of being, operation, or change, so certain and constant that it is conceived of as imposed by the will of God or by some controlling authority; as, the law of gravitation; the laws of motion; the law heredity; the laws of thought; the laws of cause and effect; law of self-preservation.
In mathematics: The rule according to which anything, as the change of value of a variable, or the value of the terms of a series, proceeds; mode or order of sequence. · In arts, works, games, etc.:
The rules of construction, or of procedure, conforming to the conditions of success; a principle, maxim; or usage; as, the laws of poetry, of architecture, of courtesy, or of whist.
Collectively, the whole body of rules relating to one subject, or emanating from one source; including usually the writings pertaining to them, and judicial proceedings under them; as, divine law; English law; Roman law; the law of real property; insurance law.
Legal science; jurisprudence; the principles of equity; applied justice.
Trial by the laws of the land; judicial remedy; litigation; as, to go law.
An oath, as in the presence of a court.
An exclamation of mild surprise.
The learned profession that is mastered by graduate study in a law school and that is responsible for the judicial system; "he studied law at Yale"
A rule or body of rules of conduct inherent in human nature and essential to or binding upon human society.
A generalization that describes recurring facts or events in nature; "the laws of thermodynamics" · The branch of philosophy concerned with the law and the principles that lead courts to make the decisions they do·
Legal document setting forth rules governing a particular kind of activity; "there is a law against kidnapping"
The force of policemen and officers; "the law came looking for him"
The collection of rules imposed by authority; "civilization presupposes respect for the law"; "the great problem for jurisprudence to allow freedom while enforcing order"
The above mentioned definitions are also using in legal consultancy of Pakistan.
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slam. sir please continue your worthy work
ReplyDeleteAziz ahmed abbasi
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