Pakistani case law library
Pak Law GPT gives lawyers, students and litigants access to reported Pakistani judgments in Urdu and English. Every judgment below is published from our case-law database with its original reported text, so you can read the citation and the judgment content directly.
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Reported judgments28,856 records
2021 PLD 612 LAHORE-HIGH-COURT-LAHORE
MUHAMMAD SOHAIL SHAIKH VS State Redundancy, principle of---Applicability---Presumption of redundancy could not be attached to any word, expression or punctuation used in any legal provision by Legislature, rather are meant to be given effec…
2021 PLD 624 LAHORE-HIGH-COURT-LAHORE
ADNAN VS SUPERINTENDENT JAIL, GUJRAT S. 13 (3)---Punjab Land Revenue Act (XVII of 1967), S. 82---Civil Procedure Code (V of 1908), S. 55 & O.XXI, R.11---Constitution of Pakistan, Art. 199---Constitutional petition---Decretal amount, non-pay…
2021 PLD 630 LAHORE-HIGH-COURT-LAHORE
AMIR ABBAS MINHAS VS DEPUTY COMMISSIONER CHAKWAL Ss. 19 & 10---Cancellation of declaration---Authentication of declaration---Scope---Appellant was aggrieved of annulment of declaration authenticated by District Co-ordination Officer under s…
2021 PLD 630 LAHORE-HIGH-COURT-LAHORE
AMIR ABBAS MINHAS VS DEPUTY COMMISSIONER CHAKWAL art. 18---Freedom of trade, profession or business---Scope---Citizens have right to enter into any lawful 'profession or occupation' and art. 18 of the Constitution guarantees to protect the…
2021 PLD 635 LAHORE-HIGH-COURT-LAHORE
Mst. ZAHIDA PARVEEN VS LAMREY CERAMICS (PVT.) LIMITED Ss. 9 & 152---Power of Court to rectify register of members---Scope---Jurisdiction of High Court under S.152 of Companies Ordinance, 1984 stated.
2021 PLD 635 LAHORE-HIGH-COURT-LAHORE
Mst. ZAHIDA PARVEEN VS LAMREY CERAMICS (PVT.) LIMITED S. 5 & art. 163--- Civil Procedure Code (V of 1908), O.IX, Rr. 3, 4, 8 & 9---Companies Ordinance (XLVII of 1984) [since repealed], S. 152---Petition under S.152 of the Companies Ordinanc…
2021 PLD 635 LAHORE-HIGH-COURT-LAHORE
Mst. ZAHIDA PARVEEN VS LAMREY CERAMICS (PVT.) LIMITED S. 152---Limitation Act (IX of 1908), Art. 120---Application/petition under section 152 of the Companies Ordinance, 1984 for rectification of register of members---Limitation---Principle…
2021 PLD 635 LAHORE-HIGH-COURT-LAHORE
Mst. ZAHIDA PARVEEN VS LAMREY CERAMICS (PVT.) LIMITED S. 76---Transfer of shares and debentures---Requirements under S.76 of the Companies Ordinance, 1984 for transfer of shares and debentures---Such requirements were mandatory in nature an…
2021 PLD 635 LAHORE-HIGH-COURT-LAHORE
Mst. ZAHIDA PARVEEN VS LAMREY CERAMICS (PVT.) LIMITED S. 5---'Pardanasheen lady'---Petition barred by time---Application seeking restoration of petition not filed within time---Condonation of delay---Perusal of available record revealed tha…
2021 PLD 635 LAHORE-HIGH-COURT-LAHORE
Mst. ZAHIDA PARVEEN VS LAMREY CERAMICS (PVT.) LIMITED S. 5---'Pardanasheen lady'---Cause of action barred by time---Condonation of delay---Principles relating to justification for condonation of delay in cases involving Pardanasheen lady---…
2021 PLD 635 LAHORE-HIGH-COURT-LAHORE
Mst. ZAHIDA PARVEEN VS LAMREY CERAMICS (PVT.) LIMITED S. 152---Power of Court to rectify register of members---Rectification---Connotation---"Rectification" itself connoted some error, which had crept in requiring correction---Error would o…
2021 PLD 654 LAHORE-HIGH-COURT-LAHORE
HAMZA BASHIR VS PAKISTAN MEDICAL COMMISSION art. 199---Constitutional petition---Judicial review---Scope---High Court can always in Constitutional jurisdiction review decision making process in order to ensure that competent authority has a…
2021 PLD 654 LAHORE-HIGH-COURT-LAHORE
HAMZA BASHIR VS PAKISTAN MEDICAL COMMISSION Ss. 13(c), 32 & 37---Pakistan Medical Tribunal Act (XXXIV of 2020), S.6(11)---Admission Regulations, 2020-2021, Reglns.18, 19, 19-A & 19-F---Medical and Dental Undergraduate Education (Admission,…
2021 PLD 670 LAHORE-HIGH-COURT-LAHORE
NATIONAL BANK OF PAKISTAN VS State S. 22-a---Federal Investigation agency act, 1974 (VIII of 1975), Ss. 3, 4 & 5---Powers of Justice of Peace---Constitution of the Federal Investigation agency (FIa)---Superintendence and administration of t…
2021 PLD 670 LAHORE-HIGH-COURT-LAHORE
NATIONAL BANK OF PAKISTAN VS State art. 199---Constitutional jurisdiction---alternate remedy, availability of---Comments on merits of the case to be refrained---Scope---Once High Court makes up its mind that in presence of alternate adequat…
2021 PLD 670 LAHORE-HIGH-COURT-LAHORE
NATIONAL BANK OF PAKISTAN VS State S. 22-a---Constitution of Pakistan, art. 199---Constitutional jurisdiction---Powers of Justice of Peace---Excess committed by police authorities---alternate remedy, availability of---Scope---Section 22-a(6…
2021 PLD 670 LAHORE-HIGH-COURT-LAHORE
NATIONAL BANK OF PAKISTAN VS State S. 22-a--- Federal Investigation agency act, 1974 (VIII of 1975), S. 5---Constitution of Pakistan, art. 199---Constitutional petition---Powers of Justice of Peace---Maintainability---alternate remedy, avai…
2021 PLD 670 LAHORE-HIGH-COURT-LAHORE
NATIONAL BANK OF PAKISTAN VS State Provision of law must be read and applied in toto.
2021 PLD 678 LAHORE-HIGH-COURT-LAHORE
YAQOOB ALI VS MUHAMMD AYUB art. 199---Constitutional jurisdiction---Concurrent findings of facts by two Courts below---Scope---Constitutional jurisdiction should be exercised rarely and sparingly when Courts of competent jurisdiction procee…
2021 PLD 678 LAHORE-HIGH-COURT-LAHORE
YAQOOB ALI VS MUHAMMD AYUB O.V, Rr. 16, 18, 19 & 20---Substituted service---Principle---Before resorting to provision of substituted service provided under O.V, R.20 C.P.C., it is incumbent upon Court to ensure compliance of O.V, Rr.16, 18…
2021 PLD 678 LAHORE-HIGH-COURT-LAHORE
YAQOOB ALI VS MUHAMMD AYUB O. V, R. 1(1)---Service of summons---Scope---Due service is the first fundamental right of a person, who has to defend his cause before Court of law which is even duly recognized by principles of natural justice--…
2021 PLD 678 LAHORE-HIGH-COURT-LAHORE
YAQOOB ALI VS MUHAMMD AYUB S.12(2)---Judgment, decree and order, setting aside of---Principle---Judgment, decree or order can be annulled by the Court, who passed the same, if it is the product of fraud, misrepresentation or coram non judic…
2021 PLD 678 LAHORE-HIGH-COURT-LAHORE
YAQOOB ALI VS MUHAMMD AYUB Ss. 42 & 54---Civil Procedure Code (V of 1908), Ss. 12 (2), 96, 114, O.V, Rr. 16, 18, 19, 20 & O.IX, R.13---Ex-parte judgment and decree, setting aside of---Remedy---Service to respondents-defendants---Petitioners…
2021 PLD 688 LAHORE-HIGH-COURT-LAHORE
Syed AAKIF ALI SHAH VS MUHAMMAD IJAZ O.XVII, R. 3 & O. I, R. 10---adjudication and exercise of power by court under O. XVII, R. 3, C.P.C.---Dismissal of suit under O. XVII, R. 3, C.P.C.---Scope---Question before High Court was whether upon…
2021 PLD 688 LAHORE-HIGH-COURT-LAHORE
Syed AAKIF ALI SHAH VS MUHAMMAD IJAZ High Court observed that technicality was a ploy to stultify course of justice as its use did not unredeemed the wrong and the right was left unenforced---While observance of rules of procedure was funda…
2021 PLD 688 LAHORE-HIGH-COURT-LAHORE
Syed AAKIF ALI SHAH VS MUHAMMAD IJAZ O. I, R. 10 & O. VII, R. 17---amendment of plaint---Voluntary amendment to plaint by plaintiff---amendment in plaint on direction of Trial Court under O. I, R. 10, C.P.C.---Nature of such amendments---Co…
2021 PLD 688 LAHORE-HIGH-COURT-LAHORE
Syed AAKIF ALI SHAH VS MUHAMMAD IJAZ O. VII, R.11 & O. I, R. 10 & O. VII, R. 17---Rejection of plaint---Rejection of plaint upon failure of plaintiff to amend plaint---Scope---Order VII, R.11, C.P.C., gave instances of cases where plaint co…
2021 PLD 688 LAHORE-HIGH-COURT-LAHORE
Syed AAKIF ALI SHAH VS MUHAMMAD IJAZ S. 151---Inherent powers of court---Scope---Every court was deemed to possess all powers which are necessary to do the right and to undo the wrong, in the course of administration of justice and law reco…
2021 PLD 699 LAHORE-HIGH-COURT-LAHORE
AMEER HUSSAIN VS GOVERNMENT OF PUNJAB S. 3---Constitution of Pakistan, Art. 199---Constitutional jurisdiction of High Court---Power to arrest and detain suspected person---Representation against order of detention under S.3 of Punjab Mainte…
2021 PLD 699 LAHORE-HIGH-COURT-LAHORE
AMEER HUSSAIN VS GOVERNMENT OF PUNJAB art. 10---Safeguards as to arrest and detention---Preventive detention, concept of---Scope---Preventive detention was a form of administrative detention, ordered by executive authorities, usually on ass…
2021 PLD 699 LAHORE-HIGH-COURT-LAHORE
AMEER HUSSAIN VS GOVERNMENT OF PUNJAB art. 199---Constitutional jurisdiction of High Court---Judicial review of administrative actions---Scope---Remedy of judicial review under art. 199 of Constitution could not be treated as an appeal or r…
2021 PLD 42 LAHORE-HIGH-COURT-LAHORE
CHAIRMAN, FEDERAL LAND COMMISSION VS Mst. SANAM IQBAL S.7 (5)---Holdings, determination of---Declaration not made by land owner---Land owner was aggrieved of notices issued by Land Commissioner for holding excess land---On the contrary tena…
2021 PLD 42 LAHORE-HIGH-COURT-LAHORE
CHAIRMAN, FEDERAL LAND COMMISSION VS Mst. SANAM IQBAL art.199---Constitutional petition---Show cause notice, assailing of---Principle---Show cause notice can be challenged in Constitutional jurisdiction in case of lack of jurisdiction---act…
2021 PLD 42 LAHORE-HIGH-COURT-LAHORE
CHAIRMAN, FEDERAL LAND COMMISSION VS Mst. SANAM IQBAL Court---Jurisdiction---appellate Court exercises same power which vests in the Court, order of which is challenged in appeal.
2021 PLD 713 LAHORE-HIGH-COURT-LAHORE
YASIR CHAUDHRY VS FAISALABAD DEVELOPMENTAUTHORITY Ss. 2 (j), 25, 31 & 33---Sale of Goods Act (III of 1930), S. 2(7)---Term 'product'---Consumer Court, jurisdiction of---Development facilities in housing scheme---Appellant purchased plots in…
2021 PTD 1 LAHORE-HIGH-COURT-LAHORE
COMMISSIONER INLAND REVENUE VS THREE STAR RICE FACTORY Notification---Retrospectivity---Scope---General rule is that a notification cannot operate retrospective but in case it removes defects, superfluities or mischiefs from an existing not…
2021 PTD 1 LAHORE-HIGH-COURT-LAHORE
COMMISSIONER INLAND REVENUE VS THREE STAR RICE FACTORY Law existing in a particular tax year or tax period is applicable for the purpose of determining tax liability.
2021 PTD 1 LAHORE-HIGH-COURT-LAHORE
COMMISSIONER INLAND REVENUE VS THREE STAR RICE FACTORY S.122---SRO No.57(I)/2012, dated 24-01-2012---Amendment of assessment---Exemption notification---Retrospective operation---Scope---Taxpayer, being rice mill, had a special tax year star…
2021 PTD 1 LAHORE-HIGH-COURT-LAHORE
COMMISSIONER INLAND REVENUE VS THREE STAR RICE FACTORY Remedial and curative legislation---Retrospective effect---Scope---Purpose of remedial and curative legislation is to abridge superfluities, remove defects or mischief from an existing…
2021 PTD 43 LAHORE-HIGH-COURT-LAHORE
NEW CHERAT COAL VS FEDERATION OF PAKISTAN through Secretary, Ministry of Finance, Islamabad S.8(1)(b)---SRO No.549(I)/2006 dated 05.06.2006---Tax credit not allowed---Input tax adjustment---Goods specified by Federal Government upon which r…
2021 PTD 80 LAHORE-HIGH-COURT-LAHORE
MUHAMMAD ZAHID VS FEDERAL BOARD OF REVENUE Ss.72-B & 25---Selection of audit of taxpayer under S.72-B of Sales Tax Act, 1990---Records, documents, provision of---Scope---Petitioner / taxpayer impugned selection for audit under S.72-B of Sal…
2021 PTD 80 LAHORE-HIGH-COURT-LAHORE
MUHAMMAD ZAHID VS FEDERAL BOARD OF REVENUE Nature of precedent---Distinction between "obiter dicta" and "ratio decidendi"---Scope---Distinction was to be made between what was ratio decidendi of a case and what was mere obiter dicta---What…
2021 PTD 155 LAHORE-HIGH-COURT-LAHORE
COMMISSIONER INLAND REVENUE VS SAMSOL INTERNATIONAL (PVT.) LTD. S.34a---Reference to High Court---Exercise of jurisdiction under S.34a of Federal Excise act, 2005---Findings of fact---Scope---Where order of appellate Tribunal was based on f…
2021 PTD 162 LAHORE-HIGH-COURT-LAHORE
Mst. FOUZIA RAZZAK VS FEDERAL BOARD OF REVENUE Ss.140 & 138---Constitution of Pakistan, Art.4---Right of individuals to be dealt in accordance with law---Recovery of tax out of property and through arrest of taxpayer---Recovery of tax from…
2021 PTD 172 LAHORE-HIGH-COURT-LAHORE
COLLECTOR OF CUSTOMS, MULTAN VS CUSTOMS APPELLATE TRIBUNAL, LAHORE Ss.168 & 196---Seizure of things liable to confiscation---Findings of fact---Scope---Department intercepted a vehicle on the suspicion that it was smuggled and duty and taxe…
2021 PTD 181 LAHORE-HIGH-COURT-LAHORE
M.D STEEL FURNACE VS FEDERATION OF PAKISTAN S.193---Constitution of Pakistan, Art.199---Constitutional petition---Maintainability---Alternate remedy, availability of---Appeal to Collector (Appeals)---Scope---Petitioner assailed order passed…
2021 PTD 192 LAHORE-HIGH-COURT-LAHORE
COMMISSIONER INLAND REVENUE, MULTAN ZONE VS FALAH UD DIN QURESHI S.111---Unexplained income or assets---Addition---Scope---Non issuance of separate notice under S.111 of the Income Tax Ordinance, 2001 and failure to confront the taxpayer wi…
2021 PTD 212 LAHORE-HIGH-COURT-LAHORE
HONDA ATLAS CARS PAKISTAN LTD. VS FEDERATION OF PAKISTAN Decision making---Principle of proportionality---Applicability---Courts consider whether there has been a disproportionate interference with claimant's rights or interests---Such is w…
2021 PTD 212 LAHORE-HIGH-COURT-LAHORE
HONDA ATLAS CARS PAKISTAN LTD. VS FEDERATION OF PAKISTAN S.19---SRO No.656(I)/2006 dated 22-6-2006---SRO No.483(I)/2016 dated 29-6-2016---Exemption from customs duty---Suspension of operation of notification---Applicability---Petitioner was…
2021 PTD 212 LAHORE-HIGH-COURT-LAHORE
HONDA ATLAS CARS PAKISTAN LTD. VS FEDERATION OF PAKISTAN S.19---Exemption from customs duty---Federal Government, jurisdiction of---Power vested in Federal Government is regarding exemption from customs duty on any goods subject to certain…
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