appeal against 7 years conviction lies before Sessions court not High court (Mujjan Ali Panhwar)
Ss. 408(b) & 30---Appeal from SENTENCE passed by Judicial
MAGISTRATE under S. 30, Cr.P.C.---Forum---Accused persons were convicted
by Judicial MAGISTRATE under S. 30, Cr.P.C. and SENTENCE d to seven
years imprisonment and FINE ---Accused persons filed appeal against
their conviction before the Additional Sessions Judge, which was
dismissed being coram non judice and returned for
presenting before the High Court in view of S. 408(b),
Cr.P.C.---Legality---Section 408(b), Cr.P.C. stated that a SENTENCE of
imprisonment for a term exceeding 4 years, passed by Assistant Sessions
Judge, shall be appealable to the High Court---Word "MAGISTRATE
/Judicial MAGISTRATE " did not find mention in S. 408(b), Cr.P.C.,
therefore, said section was not applicable in case of a SENTENCE passed
by a MAGISTRATE under S. 30, Cr.P.C.---Impugned order was set aside with
the direction that appeal before the Additional Sessions Judge should
be considered to be pending---Revision petition was allowed accordingly.
2013 MLD 1054 ISLAMABAD
Side Appellant : JEHANZEB
Side Opponent : State
Monday, 29 August 2016
Sunday, 28 August 2016
legal Notice SSGC
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ADDRESS: TELEPHONE
Opposite FIA Office Mondar 03337068248
Road Dadu.
Ref. No. ____________ Date 26-08-2016
__________________________________________
L E
G A L N O T I C E U/S 80 C.P.C
For my Client Mohammad Khan s/o Raban by caste Panhwar
R/O Village Ismail Achra Near Phulji Station Taluka & District Dadu.
To,
1: Zonal
Manager SSGC Dadu Branch
2:
Ghulam Sarwar Bhurt(R/O Village Juma Khan Bhurt)
3:
Qayoom Bhurt Junior Clerk Mukhtiarkar Office Dadu.
Dear
Sir,
Under the instruction of my client
Mohammad Khan s/o Raban Khan R/O Village ismail Achra Near Phulji Station, Taluka
& District Dadu, I address you as
Under:-
1.
That my
above named client is a law abiding and peace loving citizen of Islamic Republic
of Pakistan and a well reputed respectable citizen, that he is inhabitant of
Village Ismail Achra since ages, The village Ismail Achra is big village and
there are about 200 houses of Panhwar community.
2.
That due to struggle of community this village
has facility of Gas in whole village Ismail Achra, as there is another village
Juman Khan Bhurt which is too away from Village Ismail Achra, and they had evil
eye and wanted to
disconnect the Gas connection of inhabitants
of Ismail Achra and they forcibly and illegally got permission to join the
connection of Gas from village Ismail
Achra, about 15 years ago.
3.
That after few months, the inhabitants of
Ismail Achra felt smell of Gas Leakage and made many complains in office but no
vain, at last due to continuous leakage of Gas, all of sudden huge blast
occurred in the village, it was day time home of applicant was completely
destroyed because line of Gas was under his home, and families received/sustained
injuries. Then after the applicant approached to your office and gave
application for changing direction or disconnection of Gas Line which was under
the homes of applicant, complaint was resolved and the Gas pipe line was
disconnected which leads to Village Juma Khan Bhurt and it was decided that until
the direction of Gas Pipe Line is changed pipe line will remain disconnect.
4.
That the Village Ismail Achra is now
thickly populated and people are living since ages, and this is Revenue Village
on map, on Map and Record there is link road which connects the Both Village
Ismail Achra and Juma Khan Bhurt, it will be easy reach as well as safety for
human being, if the direction of Gas Pipe line may be changed through link Road
to Village Juma Khan Bhurt.
5.
That on 25-08-2016 Mukhatiarkar Dadu
visited the side and recorded the statement of villagers of Ismail Achra,
tapedar of beat showed him record and Map of village and admitted that there is
no street and if gas pipe line will be opened there can be again another huge
Blast, as previous days the population of Village Ismail Achra was quite small,
as now thousands of people are residing.
6.
That
it is against the law of land contrary to law, and operate the Gas line which
is under the Homes of applicant, and keeping/endangering the lives of human
being.
You are therefore being advised not to open the Gas Pipe Line
of Village Juma Khan Bhurt until direction is changed, if do so, if any losses
of lives as buildings occurred to Inhabitants of village Achra, which will
purey be at you own risks & costs, Otherwise
there is clear directions from my client to sue against you under civil/
criminal proceedings before the competent courts/forums of law, purely at your own risk & cost.
Please note and acknowledge.
A copy of this
notice is being preserved by us for further legal actions, in case of non
compliance, misuse of power and violation of law, by your side.
Thanking you.
Yours sincerely
(MUJJAN
ALI PANHWAR)
Advocate Dadu
legal Notice Mukhtiarkar
|
|
ADDRESS: TELEPHONE
Opposite FIA Office Mondar 03337068248
Road Dadu.
Ref. No. ____________ Date 26-08-2016
__________________________________________
L E
G A L N O T I C E U/S 80 C.P.C
For my Client Mohammad Khan s/o Raban by caste Panhwar
R/O Village Ismail Achra Near Phulji Station Taluka & District Dadu.
To,
1:
Mukhtiarkar (Rev) Dadu.
2:
Qayoom Bhurt Junior Clerk Mukhtiarkar Office Dadu.
Dear
Sir,
Under the instruction of my client Mohammad Khan s/o Raban Khan R/O
Village ismail Achra Near Phulji Station, Taluka & District Dadu, I address you as Under:-
1.
That my
above named client is a law abiding and peace loving citizen of Islamic
Republic of Pakistan and a well reputed respectable citizen, that he is inhabitant
of Village Ismail Achra since ages, The village Ismail Achra is big village and
there are about 200 houses of Panhwar community.
2.
That due to struggle of community this
village has facility of Gas in whole village Ismail Achra, as there is another
village Juman Khan Bhurt which is too away from Village Ismail Achra, and they
had evil eye and wanted to
disconnect the Gas connection of inhabitants
of Ismail Achra and they forcibly and illegally got permission to join the
connection of Gas from village Ismail
Achra, about 15 years ago.
3.
That after few months, the inhabitants of
Ismail Achra felt smell of Gas Leakage and made many complains in office but no
vain, at last due to continuous leakage of Gas, all of sudden huge blast occurred
in the village, it was day time home of applicant was completely destroyed
because line of Gas was under his home, and families received/sustained injuries.
Then after the applicant approached to SSGC dadu office and gave application for
changing direction or disconnection of Gas Line which was under the homes of
applicant, complaint was resolved and the Gas pipe line was disconnected which
leads to Village Juma Khan Bhurt and it was decided that until the direction of
Gas Pipe Line is changed pipe line will remain disconnect.
4.
That the Village Ismail Achra is now
thickly populated and people are living since ages, and this is Revenue Village
on map, on Map and Record there is link road which connects the Both Villages
Ismail Achra and Juma Khan Bhurt, it will be easy reach as well as safety for
human being, if the direction of Gas Pipe line may be changed through link Road
to Village Juma Khan Bhurt.
5.
That on 20-08-2016 my client received
notice from your good office through Qayoom Bhurt Junior clerk, the notice was
without any office stamp, neither any outward no, But my client voluntarily
came to your office, where he was humiliated by Qayoom Bhurt, and he said
police constable to keep him under custody and the constable handcuffed him
upto 4 hours, which is contrary to law.
6.
That on 25-08-2016 you have visited the side
and recorded the statement of villagers of Ismail
Achra, the Tapedar of beat showed you record
and Map of village and admitted that there is no street and if gas pipe line
will be opened there can be again another huge Blast, as previous days the
population of Village Ismail Achra was quite small, as now thousands of people
are residing.
7.
That
it is against the law of land contrary to law, and operate the Gas line which
is under the Homes of applicant, and keeping/endangering the lives of human
being.
You are therefore being advised to take stern action against
(Qayoom Bhurt Junior Clerk in your office) and inquire the matter that who is
sending the false notice without any stamp and signature are being issued from
your good office, and Qayoom is violating the powers and making the harassment
to the villagers of Ismail Achra on the basis of your good office, which will purey be at your own risks &
costs, Otherwise there is clear
directions from my client to sue against him under civil/ criminal proceedings
before the competent courts/forums of law, purely at risk & cost.
Please note and acknowledge.
A copy of this notice is being
preserved by us for further legal actions, in case of non compliance, misuse of
power and violation of law, by your Junior Clerk.
Thanking you.
Yours sincerely
(MUJJAN ALI PANHWAR)
Advocate Dadu
case law on residance proof
PLD 2016 SC Page 613
Family court territorial jurisdiction .. court within the local limits of which the wife ordinary resides… family court alone had exclusive jurisdiction to deal with all the matrimonial disputes, whatever their nature, irrespective of territorial jurisdiction, provided that the family court where the wife resides shall have the jurisdiction to entertain such suits/claims… provisions of section 16, 17, 18, 19 and 20 CPC stood excluded from the proceedings before the family court, thus the question of its territorial jurisdiction would never arise, provided that the family court where the wife resides shall have the exclusive jurisdiction over all such matter.
Family court territorial jurisdiction .. court within the local limits of which the wife ordinary resides… family court alone had exclusive jurisdiction to deal with all the matrimonial disputes, whatever their nature, irrespective of territorial jurisdiction, provided that the family court where the wife resides shall have the jurisdiction to entertain such suits/claims… provisions of section 16, 17, 18, 19 and 20 CPC stood excluded from the proceedings before the family court, thus the question of its territorial jurisdiction would never arise, provided that the family court where the wife resides shall have the exclusive jurisdiction over all such matter.
Sunday, 21 August 2016
Legal Notice TRDP
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ADDRESS: TELEPHONE:
Opposite FIA Office Mondar 03153929316
Road Dadu. 03337068248
Ref. No. ____________ Date 22-08-2016
________________________________
L E G A L N O
T I C E U/S 80 C.P.C
For my Client Aijaz Ali s/o Mohammad Ayaz by caste Panhwar
R/O Police Head Quarter Taluka & District Dadu.
To,
1: Akhtar
Hussain Chandio (Regional Manager TRDP Dadu Branch)
2: Hosh
Mohammad Chandio (District Manager TRDP Dadu)
3: Wahid Bux
Odhano (District Manager TRDP Mehar)
4: Irfan
Hingoro (Town officer Phulji station
TRDP)
Dear Sir,
Under the instruction of my client Aijaz Ali s/o Mohammad Ayaz
R/O Police Head Quarter, Taluka & District Dadu, I address you as Under:-
1.
That my above named client is a
law abiding and peace loving citizen of Islamic Republic of Pakistan and a well
reputed respectable citizen, that he had joined your organization (TRDP) in
27-12-2013 as a field worker, during his tenure of service he remained loyal
with his duty, neither there is any
single complain against him nor any complain of carelessness or professional
misconduct, during his service he performed his duties whatever hard tasks were
assigned upon him, he was transferred to different difficult places, but even
he performed his duties without hewing any cry.
2.
That the progress of my client in all his
service tenure is good enough, he fulfilled the given targets by the
Management, and faithful with organization.
That my client
is hard worker young energetic to work without any pressure. If there was any
complain against him, it is well settled law that “ A notice of one month
must be served before severing the
employment relationship or payment of one month’s wages in lieu of notice may be
provided (Section 12.1 Industrial and commercial employment Ordinance 1968
amended in 2002). The law also obliges the employer to provide the termination
certificate in writing stating the reason behind it. Termination of an
employment contract may be either termination simpliciter, which is termination
on grounds other than misconduct after a notice (section 12) or termination on
account of misconduct (section 15). Notice of termination, for termination
simpliciter, is mandatory for employees.
3.
That On
17-08-2016 came on duty as usual when Wahid Bux Odhano (DM TRDP) called
upon my client in his office, issued threats and used filthy language, and
without any written order he gave verbal order of termination to my client. which is against the terms and conditions of
Organization and against the law of
labour and natural justice, as my client is senior field worker, As per policy
of labour laws or organization, you had to give explanation letter/ show cause
to employee but you have done contrary to laws and against natural justice.
4.
That your such act caused mental torture
and financial loss to my client and my client has received shock as he has
given 3 years to your organization and
worked hard honestly, but your above act has caused severe mental torture to my
client. As per policy of your organization every employee is regular employee
if he falls in 01 July 2016, and if terminated you have to upon him written
warning and three months salary has to be paid him by your organization. That
my client being honest and competent did
not leave your organization, though he received so many chances from other
organizations, even he being a loyal person
worked for last 3 years. As per
labour laws working Hours are from 09:00 am to 05:00 pm and Sunday is official
holidays, If employer wants you to work
overtime, He must be given a rest interval of 1 hour (after 8 normal working
hours+1 hour for lunch and prayer). One can’t be compelled to work more than 2
hours overtime a day. The total yearly
overtime work hours should also not exceed 624 hours. If any employee is a woman, she can work only up to 10:00 pm and
this is only in the condition if the employer arranges transport for pick up
and drop facility. (The Industrial and Commercial Employment (Standing
Order) Ordinance, 1968).
But regret to say that you
are violating the laws of labour and even natural justice, you have taken work
from my client almost to midnight and did not give any rest on Holidays, which is contrary to labour laws.
5.
That if you did not restore my client on same
Designation and on same remuneration to my client, my client will go in grief and sorrows and it
will also make my client jobless in these hard days, which is not ignorable,
and will cause heavy financial loss to my client as well as mental torture to my client with malafide intention and contrary
to the law.
You are Therefore being advised to restore my client on same
designation and and take stern action against diligent and in efficient officer
Wahid Bux Odhano. you are hereby called upon and advised in your own interest to continue the service contract with my client on same
terms and conditions otherwise there is
clear directions from my client to sue against you under Labour Court/ civil/
criminal proceedings before the competent courts/forums of law, purely at your own risk & cost.
Please note and acknowledge.
A copy
of this notice is being preserved by us for further legal actions, in case of
non compliance, and violation of contract agreement with my client by your
side.
Thanking
you.
Yours sincerely
(MUJJAN ALI PANHWAR)
Advocate
Dadu
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