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 CLC 303 PESHAWAR-HIGH-COURT
GULZAR MUHAMMAD VS SARDAR MUHAMMAD Ss. 42 & 54---Suit for declaration, permanent injunction and possession---Limitation---Inheritance---Relinquishment deed---Proof of---Contention of plaintiffs was that they were entitled for grant of posse…
2021 CLC 348 PESHAWAR-HIGH-COURT
AKBAR ALI VS KHAIR MOHAMMAD arts. 72 & 75---Document, admissibility of---Stage of objection---Even if no objection was raised at the time of exhibition of documentsbut as a law point the same could be raised at any stage of the case.
2021 CLC 348 PESHAWAR-HIGH-COURT
AKBAR ALI VS KHAIR MOHAMMAD arts.72, 117 & 120--- Document, contents of--- Proof---Principles---absence of duress, protest, lack of misunderstanding or want of comprehension in itself is not the real proof of true understanding mind of the…
2021 CLC 348 PESHAWAR-HIGH-COURT
AKBAR ALI VS KHAIR MOHAMMAD Ss.17 & 49--- Muslim Family Laws Ordinance (VIII of 1961), S.5--- Transfer of Property Act (IV of 1882), S.54---Specific Relief Act (I of 1877), Ss. 42 & 54---Suit for declaration and injunction--- Document, non-…
2021 CLC 374 PESHAWAR-HIGH-COURT
NOOR UL SAHAR VS TAHIR NAQASH KHAN KHATTAK Ss.5, Sched. & 17-a---Suit for recovery of maintenance allowance---Interim maintenance, fixation of---Interim maintenance for minor was fixed whereas maintenance for wife was refused---Validity---M…
2021 CLC 383 PESHAWAR-HIGH-COURT
FAZAL DAD VS ALLAH DAD S.42---Qanun-e-Shahadat (10 of 1984), Art.117---Suit for declaration---Inheritance---Burden of proof---Mutation---Scope---Contention of plaintiffs was that they were owners of suit property left by their mother and in…
2021 CLC 408 PESHAWAR-HIGH-COURT
Haji MOHAMMAD RIAZ VS KHALID MEHMOOD ABBASI Ss. 42 & 54---Suit for declaration and injunction---"Graveyard", private or public---Determining factors---Plaintiffs claimed that land in question was graveyard and revenue entries in the name of…
2021 CLC 456 PESHAWAR-HIGH-COURT
KHALIL ULLAH alias Khalil VS AWAS KHAN art.71---Khyber Pakhtunkhwa Pre-emption act (X of 1987), S.13---Talb-e-Mawathibat, proof of--- Where a fact was required to be proved through oral evidence, such evidence must be direct and of the prim…
2021 CLC 456 PESHAWAR-HIGH-COURT
KHALIL ULLAH alias Khalil VS AWAS KHAN S.13---Suit for pre-emption---Fulfillment of all the three Talbs---Scope---When the plaintiff had failed to prove performance of Talbs as per requirement of law enunciated under S.13 of the Khyber Pakh…
2021 CLC 456 PESHAWAR-HIGH-COURT
KHALIL ULLAH alias Khalil VS AWAS KHAN S.13---Pre-emption, right of---Talb-e-Mawathibat---Scope and proof ---Departure from pleadings not permissible---Record showed that plaintiff, in his examination-in-chief had stated the date of perform…
2021 CLC 456 PESHAWAR-HIGH-COURT
KHALIL ULLAH alias Khalil VS AWAS KHAN S.13---Suit for pre-emption---Status of the attorney filing suit on behalf of the plaintiff---Proprieties---Informer, in the present case, had categorically admitted during cross-examination that he ha…
2021 CLC 456 PESHAWAR-HIGH-COURT
KHALIL ULLAH alias Khalil VS AWAS KHAN S.115---Revisional jurisdiction of High Court---Scope---Concurrent findings of facts could not be upset by the High Court in its revisional jurisdiction in a casual manner---Such findings could not be…
2021 CLC 468 PESHAWAR-HIGH-COURT
The CHAIRMAN, EVACUEE TRUST PROPERTY BOARD, LAHORE VS SALEEM KHAN S.14---auction of evacuee property---auction amount, deposit of---Cancellation of auction---Jurisdiction of Civil Court---Scope---Trust Property Board (Board) made offer for…
2021 CLC 483 PESHAWAR-HIGH-COURT
MUHAMMAD ISHAQ VS SAHIB ZADA S.13---Suit for pre-emption---Notice of talb-i-ishhad---Scope---Intention of law is not merely a formal notice on the part of the pre-emptor conveying his intention to pre-empt but a notice served on the address…
2021 CLC 483 PESHAWAR-HIGH-COURT
MUHAMMAD ISHAQ VS SAHIB ZADA S.13---Suit for pre-emption---Contradictory statements---Non-production of postman---Failure to annex documents with the revision petition---Scope---Petitioner assailed the concurrent dismissal of his suit for p…
2021 CLC 483 PESHAWAR-HIGH-COURT
MUHAMMAD ISHAQ VS SAHIB ZADA S.13---Suit for pre-emption---Notice of talb-i-ishhad---Purpose---Mere sending of notice of talb-i-ishhad is not sufficient and the vendees must have been apprised about the intention of pre-emptor.
2021 CLC 506 PESHAWAR-HIGH-COURT
ABDUR REHMAN VS AYUB KHAN S.52---Suit for declaration and injunction---Record of rights, entries in--- Presumption--- Plaintiffs/petitioners claimed to be owners of suit property and had relied upon entries in Wajib-ul-Arz (record of rights…
2021 CLC 506 PESHAWAR-HIGH-COURT
ABDUR REHMAN VS AYUB KHAN O.I, R.10---Non-joinder of parties---Effect---No person can be non-suited merely because of non-joinder---Non-joinder is potentially lethal in those cases where in case of grant of decree a person has been deprived…
2021 CLC 637 PESHAWAR-HIGH-COURT
JAMSHED VS NOOR HAYAT S.13---Suit for pre-emption---Talb-e-Muwathibat---Scope and proof---Contradiction/improvement in the evidence adduced by the witnesses---Held, that both the informer and plaintiff , while adducing their evidence, added…
2021 CLC 637 PESHAWAR-HIGH-COURT
JAMSHED VS NOOR HAYAT S.13---Suit for pre-emption---Superior right of pre-emptor---Scope---Plaintiff claimed superior right of pre-emption being owner of the property contiguous to suit-property---Contention of the petitioner/plaintiff was…
2021 CLC 637 PESHAWAR-HIGH-COURT
JAMSHED VS NOOR HAYAT S. 13---Suit for pre-emption---Talb-e-Muwathibat made in presence of single person at a gathering (majlis)---Legality---Talb-e-Muwathibat could validly be made in presence of "single" person ---Neither Islamic Law nor…
2021 CLC 637 PESHAWAR-HIGH-COURT
JAMSHED VS NOOR HAYAT S.115---Revisional jurisdiction of the High Court---Scope---Concurrent findings of facts could not be set at naught by the High Court while exercising the powers under S.115, Civil Procedure Code, 1908 unless the findi…
2021 CLC 637 PESHAWAR-HIGH-COURT
JAMSHED VS NOOR HAYAT S.13---Suit for pre-emption---Talb-e-Ishhad---Scope and proof---When the defendant had categorically stated that no Talb-e-Ishhad was made, then the plaintiff was legally required to prove that not only the notice ( of…
2021 CLC 637 PESHAWAR-HIGH-COURT
JAMSHED VS NOOR HAYAT S.13---Suit for pre-emption---Talb-e-Muwathibat---Scope---Pre-emptor was to prefer his claim of pre-emption the moment he was appraised of the sale being concluded; and this was necessary as any delay could invalidate…
2021 CLC 650 PESHAWAR-HIGH-COURT
Mian LATIF SHAH VS MUNIR KHAN S.13---Suit for pre-emption---Talb-i-Muwathibat---Scope and proof---Contents of the plaint showed that the plaintiff had alleged specific date, time and place ( his house ) when he made Talb-i-Muwathibat in the…
2021 CLC 650 PESHAWAR-HIGH-COURT
Mian LATIF SHAH VS MUNIR KHAN Gift---Hiba-ba-shartul-iwaz---Scope---' Hiba ' with a condition for something in return was called Hiba-ba-shartul-iwaz, in which the donee did not pay the consideration voluntary, but it was paid as a conditio…
2021 CLC 650 PESHAWAR-HIGH-COURT
Mian LATIF SHAH VS MUNIR KHAN Hiba-ba-shartul-iwaz---Legal incidents of Hiba-ba-shartul-iwaz listed.
2021 CLC 650 PESHAWAR-HIGH-COURT
Mian LATIF SHAH VS MUNIR KHAN S.13---Suit for pre-emption---Talb-i-Ishhad---Scope and proof---Postman deposed that notice of Talb-i-Ishhad was not served upon the vendee/respondent ---Contradictions were found in the statements of marginal…
2021 CLC 650 PESHAWAR-HIGH-COURT
Mian LATIF SHAH VS MUNIR KHAN Ss.2(d) & 13---Suit for pre-emption for gift transaction/mutation---Plaintiff/petitioner sought declaration that the mutation-in-question be declared as 'sale' contending that respondents/defendants purchased t…
2021 CLC 678 PESHAWAR-HIGH-COURT
MUHAMMAD ALI VS ATLAS KHAN S.13(6)---Eviction of tenant---Default in payment of monthly rent---Non-compliance of order by the tenant to pay tentative monthly rent---Effect---Outstanding rent---Jurisdiction of the Rent Controller---Scope---P…
2021 CLC 678 PESHAWAR-HIGH-COURT
MUHAMMAD ALI VS ATLAS KHAN S.13---Eviction of tenant---Subsequent construction/improvement on the demised property after the creation of the tenancy---Jurisdiction of the Rent Controller---Scope---Petitioner/tenant contended that as he was…
2021 PLC 268 PESHAWAR-HIGH-COURT
SAMAR GUL VS The REGIONAL DIRECTOR, EMPLOYEES OLD AGE BENEFITS INSTITUTION, PESHAWAR S.2(q)---Seasonal worker---Length of service---Year, calculation of---Weakly holidays---Pensionary benefits denied---Petitioner was an insured person and h…
2021 CLC 689 PESHAWAR-HIGH-COURT
MUHAMMAD BAAZ VS HALQA PUTWARI MUZA MATHRA, PESHAWAR S.5(1)---Pre-emption, right of---Doctrine of substitution---Scope---Decree in a pre-emption suit was based upon the doctrine of substitution which was simply a right of substitution, enti…
2021 CLC 689 PESHAWAR-HIGH-COURT
MUHAMMAD BAAZ VS HALQA PUTWARI MUZA MATHRA, PESHAWAR S.47---Execution of decree---Scope---Incorporation in revenue record---Limitation---Scope---Civil Court passed a consent decree fifty years ago, however, its implementation/execution was…
2021 CLC 699 PESHAWAR-HIGH-COURT
SHAMSHER KHAN VS GOVERNMENT OF KHYBER PAKHTUNKHWA S.25(2)(c) & Preamble---West Pakistan Waqf Properties (Administration) Rules, 1960, R. 7---Khyber Pakhtunkhwa Urban Rent Restriction Ordinance (VI of 1959), Ss. 3, 4 & Preamble---Constitutio…
2021 CLC 746 PESHAWAR-HIGH-COURT
Mst. BIBI ROZA VS WALI-UR-REHMAN S.12(2)---application under S.12(2) C.P.C---Framing of issues---Scope---Though application under S.12(2) of C.P.C was to be treated as suit, however, in every such application, there was no need to frame iss…
2021 CLC 746 PESHAWAR-HIGH-COURT
Mst. BIBI ROZA VS WALI-UR-REHMAN S.12(2) & O.XXI, Rr.35(2), 99, 100 & 101---Specific Relief act (I of 1877 ), Ss.42 & 12---Suit for declaration and possession---Fraud or misrepresentation of fact---Scope---Decree for possession from joint p…
2021 CLC 776 PESHAWAR-HIGH-COURT
GUL MAST KHAN VS ISRAR S.45---Qanun-e-Shahadat (10 of 1984), Art. 64---Suit for declaration and injunction---Revenue record--- Presumption--- Relationship, evidence of---Plaintiff / respondent assailed mutation of inheritance in a suit file…
2021 CLC 793 PESHAWAR-HIGH-COURT
ABDUL QAYUM KHAN VS DEPUTY DISTRICT OFFICER JUDICIAL, MARDAN O.VII, R.11 & S.12(2)---Punjab Tenancy Act ( XVI of 1887), Ss. 43 & 77--- West Pakistan Land Reforms Regulation, 1959---Suit for recovery of the amount of produce along with appli…
2021 CLC 818 PESHAWAR-HIGH-COURT
PROVINCE OF KHYBER PAKHTUNKHWA VS TECHNICON ENGINEERS AND EPC CONTRACTOR GROUP Ss.20 & 33---arbitration agreement---Proceedings---Respondents / plaintiffs filed application for decision of their dispute through arbitration---Trial Court dec…
2021 CLC 855 PESHAWAR-HIGH-COURT
Mst. HUSSAN BANO VS Mst. ASIA KHATOON O.XIV, R.1---Framing of issues---Scope---Significance of framing or non-framing of issues loses its value after recording of evidence as the parties are aware of their pleadings and they can lead their…
2021 CLC 855 PESHAWAR-HIGH-COURT
Mst. HUSSAN BANO VS Mst. ASIA KHATOON S.42---Qanun-e-Shahadat (10 of 1984), Art.100---Transfer of Property Act (IV of 1882), S.53-A---Registration Act (XVI of 1908), S.50---Suit for declaration---Presumption as to documents thirty years old…
2021 CLC 855 PESHAWAR-HIGH-COURT
Mst. HUSSAN BANO VS Mst. ASIA KHATOON Mere pleadings cannot be made basis of a decree and similarly only evidence cannot be considered for grant of decree vice versa---Pleadings are required to be proved in terms of provisions of Qanun-e-Sh…
2021 CLC 855 PESHAWAR-HIGH-COURT
Mst. HUSSAN BANO VS Mst. ASIA KHATOON art.100---Presumption as to document thirty years old---Scope---art.100 of the Qanun-e-Shahadat, 1984 provides that 30 years old document, if produced from the proper custody and was free from any suspi…
2021 CLC 909 PESHAWAR-HIGH-COURT
DIRECTOR GENERAL (HEADQUARTERS) CIVIL WORKS ORGANIZATION, RAWALPINDI VS MUHAMMAD AFSAR art.181---Execution of decree---Limitation---Objection petition---Merger, doctrine of---Objection of the appellant/judgment-debtor was that execution pet…
2021 CLC 1039 PESHAWAR-HIGH-COURT
WAFA GUL VS SECRETARY HEALTH TO GOVERNMENT OF KHYBER PAKHTUNKHWA, PESHAWAR Rglns. 16 & 21---Constitution of Pakistan, Arts. 189---House job stipend---Judgment of Supreme Court---Effect--- Petitioners were young doctors doing their house job…
2021 CLC 1061 PESHAWAR-HIGH-COURT
WAPDA through Chairman WAPDA House VS Syed SAJJAD BUKHARI Ss.18(4) & 54---Civil Procedure Code (V of 1908), S.94---appeal---Maintainability---acquisition of land---Expressions 'for or on behalf of whom' and 'subject to the provisions of Civ…
2021 CLC 1061 PESHAWAR-HIGH-COURT
WAPDA through Chairman WAPDA House VS Syed SAJJAD BUKHARI Ss.18(4) & 54---Qanun-e-Shahadat (10 of 1984), Art.129(g)---Constitution of Pakistan, Arts.23 & 24---Acquisition of land---Lessee of land---Compensation, entitlement of---Withholding…
2021 CLC 1093 PESHAWAR-HIGH-COURT
Mian MUHAMMAD FAREED VS KHALID WADOOD Ss.13(6) & 17---Civil Procedure Code (V of 1908), S.47---Execution proceedings---Rent due, recovery of---Final rent due, non-determination of---After striking of defence of respondent-tenant, possession…
2021 CLC 1114 PESHAWAR-HIGH-COURT
Haji PERVEZ VS SECRETARY WORKERS WELFARE BOARD, PESHAWAR Ss.105 & 108---Lease---Determination---Landlord and tenant relationship---Petitioners claimed to be lessee of authorities and assailed notification to vacate shops in their possession…
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