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
2022 CLC 507 LAHORE-HIGH-COURT-LAHORE
MUHAMMAD ASHRAF VS ADDITIONAL DISTRICT JUDGE art.199---Constitutional jurisdiction---Scope---High Court in its constitutional jurisdiction can refuse to interfere in the impugned order even if it is passed without jurisdiction but tends to…
2022 CLC 513 LAHORE-HIGH-COURT-LAHORE
Mst. NAHEED SHAHID VS MUHAMMAD TARIQ O.XXXIX, Rr. 1 & 2---Qanun-e-Shahadat (10 of 1984), Arts. 117 & 118---Gift deed---Allegation of forgery---Suit for declaration, cancellation, partition, mesne profit and permanent injunction---Applicatio…
2022 CLC 532 LAHORE-HIGH-COURT-LAHORE
MUHAMMAD AZAM VS PROVINCE OF PUNJAB art.199---Constitutional petition---Judicial restraint---Policy decision by Government---Interim relief---Scope---Petitioner filed constitutional petition challenging the action of the respondents in taki…
2022 CLC 532 LAHORE-HIGH-COURT-LAHORE
MUHAMMAD AZAM VS PROVINCE OF PUNJAB art.199---Constitutional jurisdiction---Judicial review---Judicial restraint---Scope---While using powers under art.199 of the Constitution relating to a policy of the Government with financial layout and…
2022 CLC 532 LAHORE-HIGH-COURT-LAHORE
MUHAMMAD AZAM VS PROVINCE OF PUNJAB art.199---Constitutional jurisdiction---Judicial restraint---Scope---Scope, purpose and limit of the judicial restraint asserts and advocates that the judges should hesitate to strike down laws unless the…
2022 CLC 547 LAHORE-HIGH-COURT-LAHORE
ARSHAD ALTAF TAHIR VS TARIQ MAHMOOD HASHMI (DECEASED) S.115 & O.XLI, R.23---Revision---Remand of case by Appellate Court---Scope---Petitioners assailed order passed by Appellate Court whereby case was remanded to the Trial Court---Validity-…
2022 CLC 563 LAHORE-HIGH-COURT-LAHORE
ALTAF HUSSAIN VS Mst. SABAN O.VII, R.1---Qanun-e-Shahadat (10 of 1984), Arts. 117 & 120---Pleadings---Proof---Onus to prove---Plaintiff, in order to succeed, has to stand on his own legs---Imperative for plaintiff to prove his case independ…
2022 CLC 563 LAHORE-HIGH-COURT-LAHORE
ALTAF HUSSAIN VS Mst. SABAN S.3---Limitation---Object, purpose and scope--- Limitation is not merely a technicality, rather Limitation Act, 1908 furnishes certainty and regularity to human affairs, matters and dealings--- Law helps vigilant…
2022 CLC 563 LAHORE-HIGH-COURT-LAHORE
ALTAF HUSSAIN VS Mst. SABAN S.3 arts.113 & 120---Specific Relief act (I of 1877), Ss. 42 & 54---Limitation, determination of---Jurisdiction of Court---Respondent-plaintiff filed suit for declaration and injunction in which he claimed to be…
2022 PLD 288 LAHORE-HIGH-COURT-LAHORE
INDEPENDENT MEDIA CORPORATION (PVT.) LTD. VS FEDERATION OF PAKISTAN art. 199---Writs of mandamus and certiorari---Government corporations and agencies---Factors that determine whether such a corporation or agency was a person performing fun…
2022 PLD 288 LAHORE-HIGH-COURT-LAHORE
INDEPENDENT MEDIA CORPORATION (PVT.) LTD. VS FEDERATION OF PAKISTAN S. 5(1)---Public Procurement Rules, 2004, R. 4---Constitution of Pakistan, Art. 199---Partnership/joint venture agreement between Pakistan Television Corporation Limited ('…
2022 PLD 288 LAHORE-HIGH-COURT-LAHORE
INDEPENDENT MEDIA CORPORATION (PVT.) LTD. VS FEDERATION OF PAKISTAN art. 199---Government instrumentalities or agencies---Commercial and contractual transactions and administrative decisions---Judicial review---Principles governing judicial…
2022 PLD 288 LAHORE-HIGH-COURT-LAHORE
INDEPENDENT MEDIA CORPORATION (PVT.) LTD. VS FEDERATION OF PAKISTAN art. 199---Public interest litigation---"aggrieved person"---Scope---'Public spirited person' litigating in public interest---Meaning of "aggrieved person" included a publi…
2022 PLD 288 LAHORE-HIGH-COURT-LAHORE
INDEPENDENT MEDIA CORPORATION (PVT.) LTD. VS FEDERATION OF PAKISTAN art. 199---Writs of mandamus and certiorari---Pakistan Television Corporation Limited ('the PTVC')---Instrumentality or agency of the Government---Pakistan Television Corpo…
2022 CLC 577 LAHORE-HIGH-COURT-LAHORE
ARIF CHAUDHRY VS STATE LIFE INSURANCE CORPORATION O.VI, R.2---Qanun-e-Shahadat (10 of 1984), Arts. 49, 74, 76, 117 & 118---Appellant obtained loan of Rs.3,00,000/- during pendency of State Life Insurance Policy on 12-09-2000---Appellant all…
2022 CLC 577 LAHORE-HIGH-COURT-LAHORE
ARIF CHAUDHRY VS STATE LIFE INSURANCE CORPORATION arts.75 & 76---Photocopy per se was not admissible in evidence under the law until/unless permission for adducing the secondary evidence was obtained from the court---If any photocopy was av…
2022 CLC 608 LAHORE-HIGH-COURT-LAHORE
ABDUL GHAFOOR VS PROVINCE OF THE PUNJAB No one should be vexed twice for the same cause---Principle---Two reasons have always been assigned to the said principle: firstly, public policy; and secondly, hardship on the individual.
2022 CLC 608 LAHORE-HIGH-COURT-LAHORE
ABDUL GHAFOOR VS PROVINCE OF THE PUNJAB Ss.11 & 151---Constitution of Pakistan, Art.199---Constitutional jurisdiction---Res judicata, applicability of----Even if S.11 of Civil Procedure Code, 1908 was not applicable in support of the plea o…
2022 CLC 608 LAHORE-HIGH-COURT-LAHORE
ABDUL GHAFOOR VS PROVINCE OF THE PUNJAB S. 11---Res judicata---Order of dismissal in limine, finality of---Suit for declaration and permanent injunction---Two rounds of concurrent dismissal on ground of res judicata---Petitioner's contentio…
2022 CLC 634 LAHORE-HIGH-COURT-LAHORE
SAFEER AHMAD VS Mst. GULSHAN BIBI Ss.5, 10(5) & 10(6)---Suit for dissolution of marriage on basis of Khula---Return of dower---Scope---No legal requirement exists in a suit for dissolution of marriage to restore to the husband the Haq Mehar…
2022 CLC 634 LAHORE-HIGH-COURT-LAHORE
SAFEER AHMAD VS Mst. GULSHAN BIBI Ss.5 & 14---Constitution of Pakistan, Art.199---Suit for recovery of maintenance allowance---Appeal---Constitutional petition---Maintainability---Scope---Award of maintenance allowance at the rate of Rs.500…
2022 CLC 634 LAHORE-HIGH-COURT-LAHORE
SAFEER AHMAD VS Mst. GULSHAN BIBI S.5, Sched.---Suit for recovery of maintenance allowance---Scope---Petitioner/husband assailed award of maintenance allowance to the respondent/wife on the ground that she herself had left his house of her…
2022 CLC 649 LAHORE-HIGH-COURT-LAHORE
Sardar QURBAN ALI DOGAR VS PAKISTAN BAR COUNCIL Rr. 175-G, 175-I & 175-K---Constitution of Pakistan, Arts. 189 & 199(5)---Constitutional petition---Maintainability---"Limine Control", doctrine of---Judgment of Supreme Court---Effect---Petit…
2022 CLC 675 LAHORE-HIGH-COURT-LAHORE
GULZAR AHMAD VS AYESHA NAZ SARWAR Publication titled as Muhammadan Law by D.F. Mullah---Could only be consulted as a reference book and could not be termed to be statutory law having binding effect, upon which any presumption could be drawn…
2022 CLC 675 LAHORE-HIGH-COURT-LAHORE
GULZAR AHMAD VS AYESHA NAZ SARWAR arts.2(7), 2(8) & 2(9)---Presumption, kinds of---Elaborated.
2022 CLC 675 LAHORE-HIGH-COURT-LAHORE
GULZAR AHMAD VS AYESHA NAZ SARWAR Presumption as to be Sunni unless proved otherwise---Islamic law did not refer to any presumption upon which it could be ascertained/held that it was presumed that every Muslim as of Sunni faith unless prov…
2022 CLC 675 LAHORE-HIGH-COURT-LAHORE
GULZAR AHMAD VS AYESHA NAZ SARWAR arts.2(7), 117 & 118---Inheritance/succession---Muslim personal law---Presumption of fact---Burden to prove---Suit for declaration---Petitioners/plaintiffs assailed mutation of inheritance of their deceased…
2022 CLC 675 LAHORE-HIGH-COURT-LAHORE
GULZAR AHMAD VS AYESHA NAZ SARWAR arts. 117 & 118---Party who alleged a fact had to prove his case himself and could not thrive on the lacunas left by the opposite party.
2022 CLC 675 LAHORE-HIGH-COURT-LAHORE
GULZAR AHMAD VS AYESHA NAZ SARWAR Presumption as to be Sunni unless proved otherwise---No reference could be made to any provision of law or a research upon which the presumption could be drawn that every Muslim in the subcontinent had to b…
2022 CLC 701 LAHORE-HIGH-COURT-LAHORE
ELECTION COMMISSION OF PAKISTAN VS APPELLATE AUTHORITY, DISTRICT JUDGE, RAWALPINDI R.17(2)---Cantonments Ordinance (CXXXVII of 2002), S.60---Election dispute---Substantial defect---Electoral roll, absence of name---Petitioner was candidate…
2022 CLC 713 LAHORE-HIGH-COURT-LAHORE
ITTEFAQ SUGAR MILLS VS GOVERNMENT OF PUNJAB through Director Industries S.3---Restriction on establishment of industrial undertakings--- Principle--- Dispute was with regard to establishing a sugar mill but authorities on the basis of notif…
2022 CLC 729 LAHORE-HIGH-COURT-LAHORE
MUHAMMAD SAJJAD VS ADDITIONAL DISTRICT JUDGE, JALALPUR PIRWALA, DISTRICT MULTAN S.7---Column No. 16 of Nikahnama---Cutting of particulars---Contradiction in the particulars of the stipulated house as mentioned in two copies of Nikahnama---S…
2022 CLC 729 LAHORE-HIGH-COURT-LAHORE
MUHAMMAD SAJJAD VS ADDITIONAL DISTRICT JUDGE, JALALPUR PIRWALA, DISTRICT MULTAN Ss.5 & 7---Nikahnama, column No.19---Talaq, pronouncement of---Absolute right of husband---Restrictions, vires of---Damages on account of unjustified/second div…
2022 CLC 744 LAHORE-HIGH-COURT-LAHORE
MUHAMMAD NAEEM SHAFI VS Mst. SHAMIM AKHTAR S.12---Civil Procedure Code (V of 1908), S.100---Specific performance of agreement to sell---Consequence of breach---Determination---Readiness to complete part of agreement---Proof---Appellant/plai…
2022 CLC 762 LAHORE-HIGH-COURT-LAHORE
Mst. SAFIA BIBI VS ADDITIONAL DISTRICT JUDGE Ss.12 & 25--¬-Custody of minor---Preferential right---Determining factors---Scope---Held, that court had to see the welfare of the minor, keeping in view whether the person to whom the custody wa…
2022 CLC 762 LAHORE-HIGH-COURT-LAHORE
Mst. SAFIA BIBI VS ADDITIONAL DISTRICT JUDGE art.199---Custody of minors---Welfare, question of---Jurisdiction---Scope---Welfare of the minors could not be determined within the jurisdiction of Constitution petition---Such was purely the pr…
2022 CLC 762 LAHORE-HIGH-COURT-LAHORE
Mst. SAFIA BIBI VS ADDITIONAL DISTRICT JUDGE S.17---Conduct of parents---Second marriage of monther---Welfare of the minors was paramount and the conduct of the parents was a secondary consideration---Second marriage of the mother does not…
2022 CLC 762 LAHORE-HIGH-COURT-LAHORE
Mst. SAFIA BIBI VS ADDITIONAL DISTRICT JUDGE Hizanat---Preferential right---Holy Quran and Sunnah did not bar for mother or even the father to hold the custody nor was there any provision which would stipulate that the preferential right of…
2022 CLC 762 LAHORE-HIGH-COURT-LAHORE
Mst. SAFIA BIBI VS ADDITIONAL DISTRICT JUDGE S.17---Custody of minor---Preferential right---Age factor---Intelligent/reasonable preference by minor---Welfare of minor---Scope---Ex-parte proceedings were initiated against the petitioner (mot…
2022 CLC 762 LAHORE-HIGH-COURT-LAHORE
Mst. SAFIA BIBI VS ADDITIONAL DISTRICT JUDGE art.8---Custom---Law would respect all the traditions/customs of the individual caste if those were not contrary to the law of land.
2022 CLC 762 LAHORE-HIGH-COURT-LAHORE
Mst. SAFIA BIBI VS ADDITIONAL DISTRICT JUDGE art.227---Quran and Sunnah, injunctions of---Repugnancy---Constitution guarantees that every law of the land will be in accordance with Quran and Sunnah and there will be no deviation from the ah…
2022 PLD 302 LAHORE-HIGH-COURT-LAHORE
Dr. MUHAMMAD AZEEM KHAN VS FEDERATION OF PAKISTAN through Secretary, Establishment Division arts. 199 & 112---Civil Servants Promotion (BPS-18 to BPS-21), Rules, 2019, Rr. 8 & 10(5)---Promotion---Constitutional petition---Maintainability---…
2022 PLD 302 LAHORE-HIGH-COURT-LAHORE
Dr. MUHAMMAD AZEEM KHAN VS FEDERATION OF PAKISTAN through Secretary, Establishment Division arts. 198 &199---Territorial jurisdiction of High Court---If an authority was established under federal law and performing functions in connection w…
2022 PLD 302 LAHORE-HIGH-COURT-LAHORE
Dr. MUHAMMAD AZEEM KHAN VS FEDERATION OF PAKISTAN through Secretary, Establishment Division R. 10(5)---Superseded officer---Promotion---Mere fact that Central Selection Board (CSB) in its two different meetings considered two different year…
2022 CLC 775 LAHORE-HIGH-COURT-LAHORE
BAHAWALPUR MEDICAL AND DENTAL COLLEGE VS PAKISTAN MEDICAL COMMISSION S.36---Cognizance of offences---Scope---Subsection (1) of S.36 embodies an ouster clause that ousts jurisdiction of any other court to take cognizance of any offence or ma…
2022 CLC 775 LAHORE-HIGH-COURT-LAHORE
BAHAWALPUR MEDICAL AND DENTAL COLLEGE VS PAKISTAN MEDICAL COMMISSION S.36---Constitution of Pakistan, Art.199---Constitutional jurisdiction---Cognizance of offences---Scope---Ouster of jurisdiction in S.36(1) is confined to taking of cogniz…
2022 CLC 775 LAHORE-HIGH-COURT-LAHORE
BAHAWALPUR MEDICAL AND DENTAL COLLEGE VS PAKISTAN MEDICAL COMMISSION Ouster clause in a statute---Scope---Legislature is competent to exclude jurisdiction of a court, however, there exists a presumption against the ouster of jurisdiction---…
2022 CLC 775 LAHORE-HIGH-COURT-LAHORE
BAHAWALPUR MEDICAL AND DENTAL COLLEGE VS PAKISTAN MEDICAL COMMISSION Ss.37 & 36---appeals to the Medical Tribunal---Scope---Plain reading of S.37(1) of the act confers appellate jurisdiction upon the Medical Tribunal in contradistinction to…
2022 CLC 793 LAHORE-HIGH-COURT-LAHORE
LEARNING ALLIANCE (PRIVATE) LIMITED VS PROVINCE OF PUNJAB through Secretary Housing, Urban Development and PHED S.28---Rates and fees---Scope---Lahore Development Authority can levy fees on change of land use owing to classification or re-c…
2022 CLC 793 LAHORE-HIGH-COURT-LAHORE
LEARNING ALLIANCE (PRIVATE) LIMITED VS PROVINCE OF PUNJAB through Secretary Housing, Urban Development and PHED Fiscal statute---"Fee" and "tax"---Distinction---Tax is part of common burden but fee is for a specific purpose---Fee must co-re…
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