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 1206 PESHAWAR-HIGH-COURT
SAID-UR-REHMAN VS RAJ MUHAMMAD art.2(4)---appreciation of evidence---Preponderance of probabilities---Scope---appreciation of evidence in civil cases was based upon the concept of preponderance of probabilities---In civil proceedings, a fac…
2021 CLC 1206 PESHAWAR-HIGH-COURT
SAID-UR-REHMAN VS RAJ MUHAMMAD S.89-a & O.XII, R.6---alternate Dispute Resolution--- Compromise between the parties---Scope and effect---Civil laws dealt with properties (either moveable or immoveable) and rights in which, at each and every…
2021 CLC 1206 PESHAWAR-HIGH-COURT
SAID-UR-REHMAN VS RAJ MUHAMMAD S. 13---Qanun-e-Shahadat (10 of 1984, Art. 2(4)---Suit for pre-emption---Talb-i-Muwathibat---Scope and proof---Informer (a student) informed the pre-emptor on the way (outside the mosque) and not at his (pre-e…
2021 CLC 1206 PESHAWAR-HIGH-COURT
SAID-UR-REHMAN VS RAJ MUHAMMAD Ss.13 & 20---Civil Procedure Code (V of 1908), O.XLI, R.31---Suit for pre-emption---Pre-emption, right of---Compromise between the parties in a pre-emption suit---Scope---Two pre-emptors filed separate suits f…
2021 CLC 1206 PESHAWAR-HIGH-COURT
SAID-UR-REHMAN VS RAJ MUHAMMAD S. 13---Suit for pre-emption--- Talb-i-Ishhad ---Scope and proof--- Postman not produced in evidence by the pre-emptor---Effect---Two pre-emptors filed separate suits for possession through pre-emption, howeve…
2021 CLC 1230 PESHAWAR-HIGH-COURT
MUHAMMAD RIAZ VS HASSAN DAD Ss.135, 137 & 172---Specific Relief act (I of 1877), S.42---Civil Procedure Code (V of 1908), S.9---Suit for declaration---Partition of land---Necessary parties---Civil Court, jurisdiction of---Scope---Petitioner…
2021 CLC 1230 PESHAWAR-HIGH-COURT
MUHAMMAD RIAZ VS HASSAN DAD Ss.13 & 137---Partition proceedings--- Necessary parties---Column of cultivation / ownership---Principle---Every joint owner, at the time of partition proceedings is a necessary party, irrespective of being place…
2021 CLC 1249 PESHAWAR-HIGH-COURT
HAZRAT AMIN VS Mst. NISHAT BEGUM art.100---Thirty years old document---Presumption---Principle---Respondent-plaintiff claimed to be owner of suit house on the basis of Nikahnama which was a thirty years' old document---Trial Court dismissed…
2021 CLC 1335 PESHAWAR-HIGH-COURT
MUHAMMAD RAMZAN VS GOVERNMENT OF KHYBER PAKHTUNKHWA art.199---Constitutional petition---Factual controversy---Determination of responsibility---Petitioner claimed that his sugarcane crop was cut down on the directions of military authoritie…
2021 CLC 1451 PESHAWAR-HIGH-COURT
Mst. SHAH SULTAN VS Syed JAMEEL SHAH S.187---Express and implied authority---Scope---Where an act done by a son/brother is not done in the ordinary course of business they cannot be bound by such an act.
2021 CLC 1451 PESHAWAR-HIGH-COURT
Mst. SHAH SULTAN VS Syed JAMEEL SHAH S.187---Express and implied authority---Scope---Implied authority of agency does not extend to acts which are outside the ordinary course of business and which are neither necessary nor incidental to his…
2021 CLC 1451 PESHAWAR-HIGH-COURT
Mst. SHAH SULTAN VS Syed JAMEEL SHAH S.187---Express and implied authority---Scope---Implied agency arises from the conduct or situation of parties or by necessity.
2021 CLC 1451 PESHAWAR-HIGH-COURT
Mst. SHAH SULTAN VS Syed JAMEEL SHAH O.VIII, R.1---Written statement---Scope---Non-filing of written statement or omission to file written statement does not amount to an admission of the facts.
2021 CLC 1451 PESHAWAR-HIGH-COURT
Mst. SHAH SULTAN VS Syed JAMEEL SHAH S.187---Express and implied authority---Scope---Agency of necessity arises whenever a duty is imposed upon a person to act on behalf of another apart from contract and in circumstances of an agency in or…
2021 CLC 1451 PESHAWAR-HIGH-COURT
Mst. SHAH SULTAN VS Syed JAMEEL SHAH Ss.12 & 29---Contract Act (IX of 1872), S. 187---Qanun-e-Shahadat (10 of 1984), Arts.102 & 103---Suit for specific performance of agreement to sell---Express and implied authority---Evidence of terms of…
2021 CLC 1451 PESHAWAR-HIGH-COURT
Mst. SHAH SULTAN VS Syed JAMEEL SHAH S.53-a---Part performance---Scope---Party can take benefit of S.53-a of Transfer of Property act, 1882, where the contract is in writing, signed by or on behalf of the transferor, where transferee had po…
2021 CLC 1483 PESHAWAR-HIGH-COURT
ZAHOOR ALI SHAH VS BOARD OF REVENUE, PESHAWAR Ss.4 & 4-a---Specific Relief act (I of 1877), Ss.9, 42 & 54---Suit for possession, declaration and injunction---Occupancy tenant---Conversion of suit from declaration to recovery of possession--…
2021 CLC 1506 PESHAWAR-HIGH-COURT
HAYAT KHAN VS GUL REHMAN Ss.42 & 45---Suit for declaration and injunction---Mutation of inheritance---Inheritable rights---Scope---Plaintiffs-petitioners assailed transfer of suit property in favour of respondents-defendants on the plea tha…
2021 CLC 1530 PESHAWAR-HIGH-COURT
MIRBAD KHAN (LATE) VS MUHAMMAD UMER Mistake of court /counsel---Scope and effect---Dismissal of case on hyper-technical grounds/manner ---Counsel filed appeal before the Appellate Court by mentioning deceased plaintiff as appellant instead…
2021 CLC 1661 PESHAWAR-HIGH-COURT
MAQBOOL ISLAM MUHAMMAD VS ASSISTANT COMMISISNER, BANDA DAUD SHAH, KARAR S.114---Review jurisdiction---Scope---Review is not meant for re-hearing the matter--- Scope of review is always very limited and confined to basic aspect of the case w…
2021 CLC 1661 PESHAWAR-HIGH-COURT
MAQBOOL ISLAM MUHAMMAD VS ASSISTANT COMMISISNER, BANDA DAUD SHAH, KARAR Ss.3 & 12---Khyber Pakhtunkhwa Land Revenue Act (XVII of 1967), S.52---Civil Procedure Code (V of 1908), XLVII, R.1---Revenue record---Presumption---Proceedings were in…
2021 CLC 1707 PESHAWAR-HIGH-COURT
MUHAMMAD ANWAR VS Mst. BAHRAWAR SULTANA Ss.8, 42 & 54---Qanun-e-Shahadat (10 of 1984), Art.79---Suit for possession through partition, declaration and permanent injunction---Proof of execution of document required by law to be attested---Pl…
2021 CLC 1939 PESHAWAR-HIGH-COURT
MEDIQUIPS (PVT.) LTD. VS GOVERNMENT OF KHYBER PAKHTUNKHWA Judicial review---Principle---Financial bid, opening twice---Scope---Petitioner was awarded contract after his financial bid was accepted---Khyber Pakhtunkhwa Procurement Regulatory…
2021 CLC 1968 PESHAWAR-HIGH-COURT
SHAHZADA COLONEL SHARIF-UD-DIN VS The SETTLEMENT OFFICER DISTRICT UPPER AND LOWER CHITRAL absurd consequences---Effect---When an interpretation produces absurd consequences then it should not be placed upon provisions of a statute.
2021 CLC 1968 PESHAWAR-HIGH-COURT
SHAHZADA COLONEL SHARIF-UD-DIN VS The SETTLEMENT OFFICER DISTRICT UPPER AND LOWER CHITRAL Redundancy---Scope---Redundancy cannot be attributed to legislature.
2021 CLC 1968 PESHAWAR-HIGH-COURT
SHAHZADA COLONEL SHARIF-UD-DIN VS The SETTLEMENT OFFICER DISTRICT UPPER AND LOWER CHITRAL Ss.8, 42 & 54---Civil Procedure Code (V of 1908), Ss.96, 106 [as amended by Khyber Pakhtunkhwa Code of Civil Procedure (Amendment) Act (XLIX of 2020)]…
2021 CLC 2042 PESHAWAR-HIGH-COURT
AMIR ZADA VS Mian ZAMIN KHAN Ss.6 & 96---Civil Courts Ordinance (II of 1962), S.18---Pecuniary jurisdiction---Forum for first appeal disputed---Section 18 of the Civil Courts Ordinance, 1962 was substituted in 2017 and Ss.6 & 96 of Civil Pr…
2021 CLC 2042 PESHAWAR-HIGH-COURT
AMIR ZADA VS Mian ZAMIN KHAN Procedural laws, retrospective effect of---Procedural laws normally have a retrospective effect, unless provided otherwise by express words or necessary intendment.
2021 CLC 2042 PESHAWAR-HIGH-COURT
AMIR ZADA VS Mian ZAMIN KHAN Non-obstante clause, over-riding factor of---Non-obstante clause was a legislative tool employed to give an over-riding effect to certain provision over contrary provision that may be found in the same enactment…
2021 CLC 2094 PESHAWAR-HIGH-COURT
INAMULLAH VS BAKHT ZAMIN KHAN Paras 3 & 4---Civil Procedure Code (V of 1908), S. 11 & O.II, R.1 & 2---Petitioners being successors-in-interest of deceased (died in 1936) who was brother of predecessor-in-interest of defendants, contended th…
2021 CLC 2094 PESHAWAR-HIGH-COURT
INAMULLAH VS BAKHT ZAMIN KHAN S.3---Inheritance---Limitation---Bar of limitation could not be given an effect so as to deprive party from its right of inheritance.
2021 CLC 2094 PESHAWAR-HIGH-COURT
INAMULLAH VS BAKHT ZAMIN KHAN Inheritance---Sharia law, superiority of---Applicability---Right of succession/inheritance could not be defeated by principle of Res-judicata, as no law/judgment could override the law of Sharia which was held…
2021 CLC 2094 PESHAWAR-HIGH-COURT
INAMULLAH VS BAKHT ZAMIN KHAN Inheritance---Plea of adverse possession could not be allowed to be raised against co-sharer, who claimed acquisition of such a status by way of inheritance.
2021 CLC 2160 PESHAWAR-HIGH-COURT
Haji FAIZUR RAHMAN VS SULTAN ALI SHAH Order VI, R.9---Material content, disclosure of in pleadings---No evidence could be lead/looked into in support of a plea which had not been taken in the pleadings.
2021 CLC 2160 PESHAWAR-HIGH-COURT
Haji FAIZUR RAHMAN VS SULTAN ALI SHAH S.21---Contract not specifically enforceable---Agreement, ambiguous nature of---Specific performance of agreement regarding sawmill and land---Partially decreed by civil Court---Separate appeals from bo…
2021 MLD 21 PESHAWAR-HIGH-COURT
MUHAMMAD AYAZ GUL VS State S. 9(c)---Constitution of Pakistan, Art. 10-A---Possession of narcotics---Right to fair trial---De-sealing of case property---Scope---Question before High Court was whether the 'case property' could be de-sealed d…
2021 MLD 31 PESHAWAR-HIGH-COURT
ABUBAKAR SADIQUE VS MUKHTIAR ALI S. 497---Penal Code (XLV of 1860), S. 377---Khyber Pakhtunkhwa Child Protection and Welfare Act (XIII of 2010), S. 53---Unnatural offence---Sexual abuse---Bail, refusal of---Scope---Accused was alleged to ha…
2021 MLD 46 PESHAWAR-HIGH-COURT
SHAH MEHMOOD VS State S. 497---Khyber Pakhtunkhwa Control of Narcotic Substances Act (XXXI of 2019), Ss. 9(d), 2(c) & 29---Possession of narcotics---Bail, grant of---Power of seizure and arrest in public places---Authorized officer---Non-av…
2021 MLD 109 PESHAWAR-HIGH-COURT
FAHAD KHAN VS Mst. FARUKH TABBASSUM S. 5, Sched.---Suit for recovery of maintenance allowance, dower and dowry articles---Plaintiff (wife) had left the house of defendant with her sister and defendant (husband) had not ousted her forcibly--…
2021 MLD 140 PESHAWAR-HIGH-COURT
AYUB KHAN VS The DISTRICT LAND ACQUISITION COLLECTOR, MARDAN Ss. 18, 28 & 34---Reference to court---Enhancement of compensation---Scope---Referee Judge enhanced compensation amount from Rs. 2,800/- to Rs. 125,000/- per marla along with 15%…
2021 MLD 154 PESHAWAR-HIGH-COURT
GUL REHMAN VS SENIOR MEMBER BOARD OF REVENUE, PESHAWAR Ss. 135 & 141---application for partition of landed property---Suit for declaration---Stay of partition proceedings---Requirements---Petitioner filed application before Revenue Officer…
2021 MLD 176 PESHAWAR-HIGH-COURT
MUKARAM KHAN VS State Ss. 302(b), 324 & 34---Criminal Procedure Code (V of 1898), Ss. 431 & 544-A---Qatl-i-amd, attempt to commit qatl-i-amd, common intention---Appreciation of evidence---Diyat, payment of---Scope---Accused dying before fin…
2021 MLD 202 PESHAWAR-HIGH-COURT
MUHAMMAD ASHRAF VS State S. 497---Penal Code (XLV of 1860), Ss. 302, 324 & 34---Qatl-i-amd, attempt to commit qatl-i-amd, common intention---Bail, refusal of---Absconsion---Scope---Accused persons were alleged to have murdered the deceased…
2021 MLD 202 PESHAWAR-HIGH-COURT
MUHAMMAD ASHRAF VS State S. 497---Bail---Absconsion---Scope---Fugitive from law loses some of the normal rights granted by the procedural and substantive law and noticeable absconsion disentitles the absconder to the concession of bail notw…
2021 MLD 232 PESHAWAR-HIGH-COURT
MUHAMMAD KHALID KHAN VS INSPECTOR GENERAL OF PRISONS, KHYBER PAKHTUNKHWA S.21-F [as inserted by Anti-Terrorism (Amendment) Ordinance (XXIX of 2001)]---Remissions---Entitlement---Date of F.I.R.---Scope---Petitioner was convicted by Trial Cou…
2021 MLD 272 PESHAWAR-HIGH-COURT
AFSAR KHAN VS State S.497---Control of Narcotic Substances Act (XXV of 1997), S.9(c)---Khyber Pakhtunkhwa Control of Narcotic Substances Act (XXXI of 2019), S.59---Possession of narcotics---Bail, grant of---Registration of case under repeal…
2021 MLD 288 PESHAWAR-HIGH-COURT
MUHAMMAD JAMAL VS Mst. AYESHA KAUSER S. 5, Sched.---Suit for dissolution of marriage, recovery of dower, dowry articles and maintenance---Scope---Petitioner/ husband assailed the judgments and decrees passed by courts below---Validity---Bon…
2021 MLD 307 PESHAWAR-HIGH-COURT
MUHAMMAD SALEEM VS State Ss.302 & 34---Qatl-i-amd, common intention---Appreciation of evidence---Appeal against acquittal---Contradictions in the statements of witnesses---Effect---Accused were charged for committing murder of the grandsons…
2021 MLD 307 PESHAWAR-HIGH-COURT
MUHAMMAD SALEEM VS State S.164---Confessional statement---Scope---Conviction could be awarded to accused on sole basis of his confession, however, for that the confession must be voluntary, inculpatory, true, without an inducement, fear and…
2021 MLD 307 PESHAWAR-HIGH-COURT
MUHAMMAD SALEEM VS State Ss.302 & 34---Qatl-i-amd, common intention---Appreciation of evidence---Appeal against acquittal---Accused were charged for committing murder of the grandson of complainant---Record revealed that it was a blind murd…
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