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ASIM IRFAN AHMAD vs ADDITIONAL DISTRICT AND SESSIONS JUDGE, ISLAMABAD Ss — 2023 YLR 1123 ISLAMABAD

Case information

Citation
2023 YLR 1123 ISLAMABAD
Court
Islamabad High Court
Year
2023
Reporter
YLR
Parties
ASIM IRFAN AHMAD vs ADDITIONAL DISTRICT AND SESSIONS JUDGE, ISLAMABAD Ss
Subject matter
Civil
Provisions referred to
S. 13---; S. 13; S. 5---J; Civil Procedure Code; Family Courts Act

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

ASIM IRFAN AHMAD VS ADDITIONAL DISTRICT AND SESSIONS JUDGE, ISLAMABAD Ss. 13 & 17--- Enforcement of decrees--- Scope--- Family Court may follow the procedure as contained in the Civil Procedure Code for execution of a decree. Citation Name: 2023 YLR 1123 ISLAMABADBookmark this Case ASIM IRFAN AHMAD VS ADDITIONAL DISTRICT AND SESSIONS JUDGE, ISLAMABAD a person who seeks equity must approach the Court with clean hands. Citation Name: 2023 YLR 1123 ISLAMABADBookmark this Case ASIM IRFAN AHMAD VS ADDITIONAL DISTRICT AND SESSIONS JUDGE, ISLAMABAD S. 13--- Enforcement of decrees---Scope---Plain reading of S. 13(3) of the Family Courts Act, 1964 makes it explicitly clear that the process of recovery through arrears of land revenue will come in operation only when the Family Court while passing the decree has expressly directed to do so. Citation Name: 2023 YLR 1123 ISLAMABADBookmark this Case ASIM IRFAN AHMAD VS ADDITIONAL DISTRICT AND SESSIONS JUDGE, ISLAMABAD art. 199---Constitutional petition---Concurrent findings---Scope---In case of concurrent findings of the courts below, scope of the constitutional petition becomes very limited. Citation Name: 2023 YLR 1123 ISLAMABADBookmark this Case ASIM IRFAN AHMAD VS ADDITIONAL DISTRICT AND SESSIONS JUDGE, ISLAMABAD art. 199---Constitutional petition---Writ of certiorari---Scope---Certiorari is only available to quash a decision for an error of law---It will also be issued for correcting errors of jurisdiction when an inferior Court or a tribunal acts without jurisdiction or in excess of its jurisdiction, or fails to exercise its jurisdiction or where the Court or a tribunal acts illegally in exercise of its undoubted jurisdiction and it decides a matter in violation of the principle of natural justice---High Court while issuing a writ of certiorari acts in exercise of supervisory and not appellate jurisdiction---High Court in exercise of its writ jurisdiction will not review the findings of facts reached by the inferior Court or a tribunal. Citation Name: 2023 YLR 1123 ISLAMABADBookmark this Case ASIM IRFAN AHMAD VS ADDITIONAL DISTRICT AND SESSIONS JUDGE, ISLAMABAD art. 199---Constitutional petition---Laches---Scope---Where constitutional petition was filed with a delay of more than one year and three months, High Court declared the same to be not maintainable on the principle of laches. Citation Name: 2023 YLR 1123 ISLAMABADBookmark this Case ASIM IRFAN AHMAD VS ADDITIONAL DISTRICT AND SESSIONS JUDGE, ISLAMABAD S. 5---Jurisdiction of Family Court---Scope---Family Court is a quasi-judicial forum which can draw and follow its own procedure provided such procedure is not against the principles of fair hearing and trial.

Other judgments reported in 2023 YLR

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