Citation Name: 2023 MLD 891 PESHAWAR-HIGH-COURTBookmark this Case ROZI KHAN vs GOVERNMENT OF KHYBER PAKHTUNKHWA S — 2023 MLD 891 PESHAWAR-HIGH-COURT

Case information

Citation: 2023 MLD 891 PESHAWAR-HIGH-COURT
Court: Peshawar High Court
Year: 2023
Reporter: MLD
Parties: Citation Name: 2023 MLD 891 PESHAWAR-HIGH-COURTBookmark this Case ROZI KHAN vs GOVERNMENT OF KHYBER PAKHTUNKHWA S
Subject matter: Criminal
Provisions referred to: S. 3---L; S. 3; Limitation Act; Specific Relief Act (I of 1877)

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

Citation Name: 2023 MLD 891 PESHAWAR-HIGH-COURTBookmark this Case ROZI KHAN VS GOVERNMENT OF KHYBER PAKHTUNKHWA S. 3---Limitation, question of---Determination---Principle---It is duty of Court to adhere to question of limitation as S. 3 of Limitation Act, 1908, requires from a Court of law to address questions of limitation even if the same has not been taken as a defence by party. Citation Name: 2023 MLD 891 PESHAWAR-HIGH-COURTBookmark this Case ROZI KHAN VS GOVERNMENT OF KHYBER PAKHTUNKHWA Ss. 42 & 44---Qanun-e-Shahadat (10 of 1984), Arts. 117 & 120---Specific Relief Act (I of 1877), Ss. 42 & 54---Suit for declaration and injunction---First settlement record of rights---Presumption of correctness---Petitioner/plaintiff claimed to be owner of land used for public path---Trial Court and Lower Appellate Court dismissed suit and appeal filed by petitioner/plaintiff---Validity---Petitioner/plaintiff was to prove his case on the basis of his own evidence and he could not be allowed to draw any benefit from weakness or lapses of defendant's evidence---Strong presumption of correctness and authenticity was attached to entries made during the course of first ever settlement of record of rights---High Court declined to interfere in concurrent findings of facts and law of two Courts below as the same were in accordance with available evidence of parties and neither suffered from any misreading or non-reading of evidence nor from any illegalities or material irregularities---Revision was dismissed, in circumstances.

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