MUHAMMAD KHALID vs ADDITIONAL DISTRICT JUDGE S — 2022 MLD 1363 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2022 MLD 1363 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2022
Reporter: MLD
Parties: MUHAMMAD KHALID vs ADDITIONAL DISTRICT JUDGE S
Subject matter: Criminal
Provisions referred to: S. 12---C; S. 11; Civil Procedure Code (V of 1908); Contract Act (IX of 1872); Contract Act

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

MUHAMMAD KHALID VS ADDITIONAL DISTRICT JUDGE S.12---Civil Procedure Code (V of 1908), O. VII, R.11---Contract Act (IX of 1872), Ss.11 & 28---Suit for specific performance---Rejection of plaint---Agreements in restraint of legal proceedings void---Competence of minors to contract---Scope---Petitioners assailed the concurrent rejection of plaint of their suit for specific performance---Courts below had formulated two questions to decide the fate of the plaint filed by the petitioners; first one was regarding the restraints imposed by the petitioners to avail the legal remedy available in the law and the second was the execution of the agreement by the minors---Validity---No restriction could be imposed on any party from enforcing their rights provided by the law---Contents of the agreements revealed that respondents were barred from availing the remedy of appeal or revision, etcetera provided in the law---Minors were not competent under S. 11 of the Contract Act, 1872 to enter into any type of the contract but in accordance with law---Even otherwise, it looked very ludicrous, that on one hand executants/sellers were being restrained from enforcing their legal rights in case of any dispute and on the other hand, petitioners had knowingly allowed the minors to execute the agreement---Petitioners themselves were responsible for creation of an invalid document---Revision petition was dismissed.

Other judgments reported in 2022 MLD

2022 MLD 1664 QUETTA-HIGH-COURT-BALOCHISTANSUI SOUTHERN GAS COMPANY LTD., REGIONAL OFFICE VS MUHAMMAD RAHIM When a law requires anything to be done in a particular manner, it should b…
2022 MLD 584 LAHORE-HIGH-COURT-LAHOREABDULLAH KHAN VS State R.6---Report of result of test or analysis---Mandatory provision---Scope---Rule 6 of Control of Narcotic Substances (…
2022 MLD 563 QUETTA-HIGH-COURT-BALOCHISTANSyed GULISTAN VS GULAB KHAN Evidence beyond pleadings---Scope---Where the party has not alleged any ground in pleadings, subsequent evidence…
2022 MLD 1612 PESHAWAR-HIGH-COURTSULEMAN VS State Benefit of doubt---Principle---If a single circumstance created reasonable doubt in a prudent mind about the apprehension o…
2022 MLD 663 LAHORE-HIGH-COURT-LAHOREIMTIAZ AHMAD VS State Witness---Statement of injured witness, reliance upon---Scope---Injuries on the person of a witness may established hi…
2022 MLD 1195 LAHORE-HIGH-COURT-LAHORELIAQAT ALI VS DISTRICT COLLECTOR, GUJRAT S.3---Intra court Appeal before High Court----Scope---Original Order---Scope---Application before H…

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