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Mst. SHARIFAN MAI vs KHUDA BAKHSH S — 2022 YLR 147 LAHORE-HIGH-COURT-LAHORE

Case information

Citation
2022 YLR 147 LAHORE-HIGH-COURT-LAHORE
Court
Lahore High Court
Year
2022
Reporter
YLR
Parties
Mst. SHARIFAN MAI vs KHUDA BAKHSH S
Subject matter
Criminal
Provisions referred to
S. 123---Q

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

Mst. SHARIFAN MAI VS KHUDA BAKHSH S. 123---Qanun-e-Shahadat (10 of 1984), Arts. 17 & 79---Gift---Marz-ul-maut, doctrine of---Proof---With regard to the principle governing the applicability of doctrine of marz-ul-mout, the Court was to consider the factors to sustain the conclusion that the impugned transaction was made under such pressure (marz-ul-mout): firstly, was the doner suffering at the time of gift from a disease which was the immediate cause of his death; secondly, was the disease of such a nature or character as to include in the person suffering the belief that death would be caused thereby, or to engender in him the apprehension of death; thirdly, was the illness such as to incapacitate him from the pursuit of his ordinary avocations, a circumstance which might create in the mind of the sufferer an apprehension of death; and fourthly, had the illness continued for such a length of time as to remove or lessen the apprehension of immediate fatality or to accustom the sufferer to the malady.

Other judgments reported in 2022 YLR

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