SAMIULLAH vs BAZ MUHAMMAD S — 2021 PLD 196 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation: 2021 PLD 196 QUETTA-HIGH-COURT-BALOCHISTAN
Court: Balochistan High Court
Year: 2021
Reporter: PLD
Parties: SAMIULLAH vs BAZ MUHAMMAD S
Subject matter: Criminal
Provisions referred to: S. 12; Civil Procedure Code

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

SAMIULLAH VS BAZ MUHAMMAD S. 12(2)---Phrase 'court which passed the final judgment, decree or order'---Scope---Applicant's prior application under S.12(2) for setting aside the order of trial Court was dismissed by trial Court as withdrawn for filing it before proper forum i.e. High Court---Held, that contention of respondents that application under S.12(2) of Civil Procedure Code, 1908 could not be filed before Trial Court because High Court affirmed judgment of Trial Court, had no force---With respect to the four situations relevant to the determination of the final court within the purview of S.12(2) of C.P.C. as mandated by Supreme Court in Sahabzadi Maharunisa v. Mst. Ghulam Sughran (PLD 2016 SC 358), High Court recorded elaborate observations:

Other judgments reported in 2021 PLD

2021 PLD 159 PESHAWAR-HIGH-COURTMIRAJ BIBI VS AKBAR KHAN arts. 117 & 118---Burden of proof---On whom burden of proof lies---Scope---Initial burden to prove a claim is on th…
2021 PLD 159 PESHAWAR-HIGH-COURTMIRAJ BIBI VS AKBAR KHAN art. 103---Exclusion of evidence of oral agreement---Scope---Principle laid down in art. 103 of Qanun-e-Shahadat, 1…
2021 PLD 28 QUETTA-HIGH-COURT-BALOCHISTANMst. ABIDA KHANUM VS SARFARAZ Ss. 373 & 372---Succession Certificate---Nature of proceedings under Ss.373 & 372 of Succession Act, 1925---Di…
2021 PLD 28 QUETTA-HIGH-COURT-BALOCHISTANMst. ABIDA KHANUM VS SARFARAZ Marriages---Irregular marriage---When a lady entered into marriage before completion of iddat period, then sai…
2021 PLD 9 QUETTA-HIGH-COURT-BALOCHISTANABASEEN ORE through Azmat Khan VS DIRECTOR GENERAL (LICENSING AUTHORITY) MINES AND MINERALS, BALOCHISTAN S. 114---Review---Scope---Where a C…
2021 PLD 9 QUETTA-HIGH-COURT-BALOCHISTANABASEEN ORE through Azmat Khan VS DIRECTOR GENERAL (LICENSING AUTHORITY) MINES AND MINERALS, BALOCHISTAN S. 114---Review---Scope---Scope of…

Back to the case-law library · Search Pakistani case law in Urdu or English