Ali & Abdullah Law Inn

JUDGMENT AGAINST NADRA TO ISSUE CNIC TO ADOPTED CHILD (a) National Database and Registration Authority Ordinance (VIII 2000)-- ----S. 9---Constitution of Pakistan, Art. 199---Constitutional petition---Issuance of Computerized National Identity Card---Scope---Adopted child---Contention of respondent-NADRA was that petitioner was adopted child and she did not have a mother or father---Validity---Guardianship certificate had been issued in favour of petitioner by the court of competent jurisdiction---Petitioner had provided the name of her guardian and no contradiction existed in her documents---Every citizen in or out of Pakistan who had attained the age of eighteen years should get himself registered and a parent or guardian of every citizen who had not attained such age should not later than one month after birth of such citizen get such citizen registered in accordance with the provisions of the Ordinance---National Identity Card was a document for identification of a citize...

"Keeping contact with the judge as you argue" Preliminary Note; "Now in court" This court in which we sit is a temple of Justice, and the Advocates at the bar as well as the judges on the bench are equally ministers in that temple. It is a good practice to be in a court room before your case is called . judges when they enter the court room always note who r already present in the court and when you rise promptly on the call of your case, they get a positive impression abt your presence. Being earlier in the court also gives you time to properly arrange your files books and documents. Finally' listen to David pannick Q.C who has conducted well known cases in recent history in UK. He has strongly recommend " lawyer should ens that he is present at the beginning of the hearing. The absence form the court when his case is called may amount to contempt. I never read out lengthy passages from rulling  and throughout my practice at most cited the name of...

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1- What is law? 2- what is Question of law? 3 -what is Question of Fact? 4 -what is mixed question of law and Fact? According to salmond, Law may be defined as the body of principles recognized and applied by the state in the adminstration of Justice. What is Question of fact? A question of fact means either any question which is not pre-determined by a rule of law,or any question except the Question as to what the law is any question which is to be answered by the Jury, " It can be proved by evidence whether a particular person lives at a particular place or not it is a Question of fact.it is a Question of fact weah the Offence of adultery has been committed or not? What is Question of law? However, it is a Question of law to decide how much punishment should be inflicted for any particular Offence, But is a Question of law what punishment should be given to the adulterer. What is mixed Questions of law and Fact? If there is a dispute weather a partnership exist amo...

Amicus Curiae Literally, friend of the court. A person with strong interest in or views on the subject matter of an action, but not a party to the action, may petition the court for permission to file a brief, ostensibly on behalf of a party but actually to suggest a rationale consistent with its own views. Such amicus curiae briefs are commonly filed in appeals concerning matters of a broad public interest; e.g., civil rights cases. They may be filed by private persons or the government. In appeals to the U.S. courts of appeals, an amicus brief may be filed only if accompanied by written consent of all parties, or by leave of court granted on motion or at the request of the court, except that consent or leave shall not be required when the brief is presented by the United States or an officer or agency thereof. An amicus curiae educates the court on points of law that are in doubt, gathers or organizes information, or raises awareness about some aspect of the case that the court mig...

Topic: "KNOW THE JUDGE " A Good lawyer tries to learn as much as possible about the judge who Will decide the case. I would recommend you know the judicial mind or philosophy of the judge. Is he the judge who follows text or is moved by the purpose or object of the law? Does the judge prefer precedents or original Arguments? Is he liberal or conservative? You can find this by reading from time to time the judges' opinion expressed in their judgments. Knowing the judge also means understanding his attitude towards life and society, is he liberal,compassionate and open minded or conservative and strict who believes that law is blind? In the later case your job will be to persuade h " that_ though the law is blind, you r not." If u r not fortunate to get an appropriate court( Judge) to hear the case, then adjust your arguments and presentation accordingly. It is Reported that when a barrister was appearing for a trading company in a case where his client ...

"Witness protection laws in Pakistan an overview " Crime is a social phenomenon and response to it constitute the very criminal justice system.in Pakistan ths response to crime in a systematic manner suffers from many a problem one of the weakness as noted by the experts is the protection of witnesses who is turn feed into the testimonial evidence relied upon by the Courts for adjudication. The legislation related to protection of witnesses has been introduced at both the federal as well as provincial level. A new legislation domain to extent of the criminal law criminal procedure and evidence was introduced to the Constitution through its articles 142 and 143 conjointly read the two constitutional provisions prefer federal laws over the provincial laws. (Federal law) On witness protection was enacted on 7th june 2017. The law is not applicable to the province. It is primarily designed for Islambad capital territory. The only apparent limit on the entry into the progra...

(Reason and fairness in your arguments ) Ultimately, a case is won when a party is able tp establish that it will be fair if the judgement is given on lines as argued by him.i have found that the judges tend to be fair to the parties. In fact the foundation of law is fairness. You must have noted that disagreement is a part of almost daily life. It will be amazing to see how the issue of fairness is involved by common man and woman to make his or her point. I have been guided by the philosophy of Lord Denning who expresses his own belief in his biography as follows:- " My root belief is that the proper role of a judge is to do justice between the parties before him.if there is any rule of law (that) impairs the doing og Justice,then it is the province of the judge to do all the legitimately can to avoid that rule- or even to cange it so as to do justice in the instant case before him. He need not wait for the legislature to intervene bcz that can never be of any help in the i...