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FAZAL RAHMAN vs Mst — 2021 PLD 184 PESHAWAR-HIGH-COURT

Case information

Citation
2021 PLD 184 PESHAWAR-HIGH-COURT
Court
Peshawar High Court
Year
2021
Reporter
PLD
Parties
FAZAL RAHMAN vs Mst
Subject matter
Criminal
Provisions referred to
S. 14

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

FAZAL RAHMAN VS Mst. FAHMIDA S. 14(2)---appeal---Jurisdiction---Scope---Restrictive construction of subsection (2) of S.14 of the Family Courts act, 1964 would be beneficial for the system besides affording an important right of first appeal to a person feeling aggrieved of order of Family Court where dissolution of marriage was also coupled with ancillary orders issued for payment or non-payment of dower etc.---Even the presumption required to be taken while interpreting laws having effect of ousting established jurisdiction would also require a restrictive construction of said provision of act, 1964---By giving the said provision extended meaning, that would be depriving a party from the right of appeal---Interpretation which would advance right to appeal should be preferred instead of the one which extinguished it.

Other judgments reported in 2021 PLD

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