Judicial Kingdom

  In jungle only powerful animals can survive . Strong and powerful animals kill other weak animals to maintain their power. Supreme court judge, justice isa  nowadays hearing practice and procedure case. He has started the live transmission of supreme court proceedings. In this live transmission, we see that justice isa want to  wants to control his brother judges. Justice isa is  against judicial activism but he wants Judicial control.  If justice isa do not change his behaviour towards his brother judges  then supreme court live transmission will lose it’s importance.  People will start enjoying the fights of judges as they enjoy politician fighting in political talk shows.  I hope that justice isa understand that it is always hard to build and easy to destroy 

Limitation for challenging an inheritance mutation– 2022 SCMR 1558

Inheritance—Limitation for challenging an inheritance mutation—Acquiescence by heir—Clear distinction was to be drawn between two sets of cases; first, cases in which an heir alleges that his/her rights to inheritance have been disregarded and his/her share not mentioned in the inheritance mutation, and second those cases in which such an heir sits idly by, does not challenge mutation entries of long standing, or acquiesces, and only comes forward when third party rights in the subject land have been created—To succeed in respect of the second category cases an heir must demonstrate that he/she was not aware of having been deprived, give cogent reasons for not challenging the property record of long standing, and show complicity between the buyer and the seller (the ostensible owner) or that the buyer knew of such heir’s interest yet proceeded to acquire the land

• Kalsoom Fatima Advocate
• Kalsoom Fatima Advocate
• Kalsoom Fatima Advocate
• Kalsoom Fatima Advocate
• Kalsoom Fatima Advocate

Bias in a Judge: Case Law Study

All Pakistan Newspaper Society    Vs.    Federation of Pakistan
PLD 2012 S.C.1

Ref:  Asif Ali Zardari    Vs.    State.
PLD 2001 S.C. 568

There are three kinds

• A judge may have a bias in the subject matter which means that he is himself a party or has direct connection with the litigation so as to constitute a legal interest. A “legal interest” means that the judge is “in such a position that a bias must be assumed.”

• Pecuniary interest in the cause, however, slight will disqualify the judge even though it is not proved that the decision has in fact been affected by reason of such interest. For this reason, where person having such interest sits as one of the judges the decision is vitiated.

• A judge may have a personal bias towards a party owing relationship and the like or he may be personally hostile to a party as result of events happening either before or during the trial. Whenever, there is any allegation of personal bias, the question which should be satisfied is, “Is there in the mind of the litigant a reasonable apprehension that he would not get a fair trial.” The test is whether there is a “real likelihood of prejudice”, but it does not require certainty. “Real likelihood” is the apprehension of a reasonable man apprised of the facts and not the suspicion of fools or “capricious persons”.

BIAS:  cannot be attributed to legislature – Bias or the perception of a bias has to be established.

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Legal Term:Conditional Judgement

According to Black’s Law Dictionary ,it means
“A judgement, whose force depends on the performance of certain act to be done in the future by one of the parties”

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Legal Term: Judge Shopping

According to Black’s Law Dictionary ,it means
” The practice of filing lawsuits in different courts with the hope of having one of the lawsuits assigned to a favourable judge”

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