Citation Name: 2023 YLR 838 PESHAWAR-HIGH-COURTBookmark this Case ZAIDAR KHAN vs FAZAL KARIM arts — 2023 YLR 838 PESHAWAR-HIGH-COURT

Case information

Citation: 2023 YLR 838 PESHAWAR-HIGH-COURT
Court: Peshawar High Court
Year: 2023
Reporter: YLR
Parties: Citation Name: 2023 YLR 838 PESHAWAR-HIGH-COURTBookmark this Case ZAIDAR KHAN vs FAZAL KARIM arts
Subject matter: Civil
Provisions referred to: S. 42---C; S. 115---S; S. 115; Civil Procedure Code (V of 1908)

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 YLR 838 PESHAWAR-HIGH-COURTBookmark this Case ZAIDAR KHAN VS FAZAL KARIM arts. 117 & 120---Plaint---Onus to prove---Scope---Statutory obligation of plaintiff to prove his own case on the basis of his own evidence---Plaintiff cannot deserve any benefit from lapses or weaknesses of defendant's case. Citation Name: 2023 YLR 838 PESHAWAR-HIGH-COURTBookmark this Case ZAIDAR KHAN VS FAZAL KARIM S. 42---Civil Procedure Code (V of 1908), S. 115---Suit for declaration---Revisional jurisdiction of High Court---Scope---Concurrent findings of two Courts below---Substituting of findings---Petitioners/plaintiffs were aggrieved of judgments and decrees passed by two Courts below dismissing their suit and appeal respectively--- Validity--- Two Courts below concurrently recorded their findings of facts and law, which were in accordance with available evidence of parties---Findings of two Courts did not suffer from misreading or non-reading of evidence, nor the same suffered from any illegality or material irregularity, warranting interference of High Court in revisional jurisdiction under S.115, C.P.C.---Revisional Court could not substitute findings of Courts below with its own merely for the reason that its findings were more plausible than that of the Courts below---High Court declined to interfere in judgments and decrees passed by two Courts below, as the same were neither result of misreading or non-reading of evidence nor petitioners / plaintiffs could point out any jurisdictional defect or material irregularities---Revision was dismissed in circumstances.

Other judgments reported in 2023 YLR

2023 YLRN 40 KARACHI-HIGH-COURT-SINDHMUHAMMAD TOUQEER VS State Benefit of doubt---Principle---any slightest iota of doubt if created in prosecution case, would be counted in fav…
2023 YLR 1377 PESHAWAR-HIGH-COURTNAVEED VS State Ss. 21 & 24---Criminal Procedure Code (V of 1898), S. 561-A---Modesty of a natural person and cyber stalking---Appreciation…
2023 YLR 1344 QUETTA-HIGH-COURT-BALOCHISTANGOVERNMENT OF BALOCHISTAN VS ALLAH DAD S. 23---Matters to be considered in determining compensation---"Market value"---Scope---Section 23 of…
2023 YLR 1344 QUETTA-HIGH-COURT-BALOCHISTANGOVERNMENT OF BALOCHISTAN VS ALLAH DAD S. 23---Matters to be considered in determining compensation---Scope---For determination of compensat…
2023 YLR 882 QUETTA-HIGH-COURT-BALOCHISTANThe CHAIRMAN, NAB VS AHMED Double presumption of innocence---Scope--- Double presumption of innocence is attached to the order of acquittal…
2023 YLR 737 QUETTA-HIGH-COURT-BALOCHISTANGHULAM HUSSAIN VS State S. 9---Possession of narcotics---Safe custody---Scope---If safe custody of narcotics and its transmission through sa…

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