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 793 LAHORE-HIGH-COURT-LAHORE
LEARNING ALLIANCE (PRIVATE) LIMITED VS PROVINCE OF PUNJAB through Secretary Housing, Urban Development and PHED S.28---Constitution of Pakistan, Art.199---Constitutional petition---Rates and fees---Commercialization fee---Quantum---Petition…
2022 CLC 793 LAHORE-HIGH-COURT-LAHORE
LEARNING ALLIANCE (PRIVATE) LIMITED VS PROVINCE OF PUNJAB through Secretary Housing, Urban Development and PHED R.2 (x)---Land use plan---Object, purpose and scope---Land use essentially is a planning device which ensures that individuals u…
2022 CLC 835 LAHORE-HIGH-COURT-LAHORE
SHIFA HEALTH CARE (PVT.) LTD. VS SPECIAL JUDGE (RENT) LAHORE S.19---Eviction---Fresh lease agreement---Execution proceedings---Report of bailiff, credibility of---Respondents filed ejectment application contending that premises was rented o…
2022 CLC 856 LAHORE-HIGH-COURT-LAHORE
MANZOOR AHMAD SAJJAD VS AKHTAR HUSSAIN O.XVI, R.3---Summoning of witnesses---Limitation---'Good cause'---Scope---Not an absolute rule of law that once a party omitted to file list of witnesses or to mention the name of witness in such list,…
2022 CLC 856 LAHORE-HIGH-COURT-LAHORE
MANZOOR AHMAD SAJJAD VS AKHTAR HUSSAIN O.XVI, R.3---Suit for Recovery of money against dishonoured Cheque---Summoning of witnesses---Limitation---'Good cause'---Application of respondent/plaintiff for summoning of two witnesses against issu…
2022 CLC 856 LAHORE-HIGH-COURT-LAHORE
MANZOOR AHMAD SAJJAD VS AKHTAR HUSSAIN O.XVI, R. 3---List of witnesses---Limitation---Exception---'Good cause'---Scope---Actual purpose of providing names of witnesses through list of witnesses to be filed under O.XVI of C.P.C. was to enabl…
2022 CLC 890 LAHORE-HIGH-COURT-LAHORE
Mst. KAMALAN BIBI VS PROVINCE OF PUNJAB through District Officer Oral gift---Proof---If oral gift was claimed, it was imperative for the beneficiary to allege foundational ingredients of the gift including time, date and place of the allege…
2022 CLC 890 LAHORE-HIGH-COURT-LAHORE
Mst. KAMALAN BIBI VS PROVINCE OF PUNJAB through District Officer Oral gift---Inheritance---Suit for declaration filed by petitioner alongwith her sister challenging alleged oral gift on the grounds of fraud/collusion and being inoperative o…
2022 CLC 890 LAHORE-HIGH-COURT-LAHORE
Mst. KAMALAN BIBI VS PROVINCE OF PUNJAB through District Officer art.24---Gift---Disinheritence---Protection of women---Where the exclusion of legal heirs was claimed by way of gift, there should be evidence to justify the disinheritance of…
2022 CLC 890 LAHORE-HIGH-COURT-LAHORE
Mst. KAMALAN BIBI VS PROVINCE OF PUNJAB through District Officer arts.24, 25 & 34---In the absence of legal and valid deed/document of relinquishment for transfer of property on the part of sisters, the possession of the co-owners/brothers…
2022 CLC 890 LAHORE-HIGH-COURT-LAHORE
Mst. KAMALAN BIBI VS PROVINCE OF PUNJAB through District Officer arts. 80 & 129(g)---Where witness was not found or had died, the factum of such death must be specifically proved---If no effort was made to prove death of witness, strong inf…
2022 CLC 890 LAHORE-HIGH-COURT-LAHORE
Mst. KAMALAN BIBI VS PROVINCE OF PUNJAB through District Officer O.XLI, Rr.4 & 33---Where there were multiple plaintiffs/defendants and decree appealed from proceeded on any ground common to all the plaintiffs/defendants, any one of them co…
2022 CLC 890 LAHORE-HIGH-COURT-LAHORE
Mst. KAMALAN BIBI VS PROVINCE OF PUNJAB through District Officer arts.24, 25 & 34---Islamic Law---Inheritance---Discrimination against women---When vulnerable women were compelled to relinquish their inheritance in favour of their male rela…
2022 CLC 890 LAHORE-HIGH-COURT-LAHORE
Mst. KAMALAN BIBI VS PROVINCE OF PUNJAB through District Officer S.3---Inheritance---Islamic Law---Scope---On opening of succession, the property automatically devolve upon the legal heirs---Efflux of time would not extinguish the right of…
2022 CLC 908 LAHORE-HIGH-COURT-LAHORE
PROVINCE OF PUNJAB VS DISTRICT JUDGE S.12(2)---Terms "fraud", "misrepresentation", and "collusion"---Explained.
2022 CLC 908 LAHORE-HIGH-COURT-LAHORE
PROVINCE OF PUNJAB VS DISTRICT JUDGE S.54---Specific Relief act (I of 1877), S. 42---agreement to sell---Nature and scope---agreement to sell, per se, would not create title/interest/charge on property, nor would it create ownership in land…
2022 CLC 908 LAHORE-HIGH-COURT-LAHORE
PROVINCE OF PUNJAB VS DISTRICT JUDGE S.12(2)---Filing of application under S.12(2), C.P.C.---Locus standi---Held, if the lawmaker had intended to restrict the right of filing application only to the person who was party to the suit, then th…
2022 CLC 908 LAHORE-HIGH-COURT-LAHORE
PROVINCE OF PUNJAB VS DISTRICT JUDGE S.12(2)---Fraud---Proof---Fraud could not be directly proved---Fraud had to be inferred from the surrounding circumstances and conduct of parties.
2022 CLC 908 LAHORE-HIGH-COURT-LAHORE
PROVINCE OF PUNJAB VS DISTRICT JUDGE S.12(2)---Transfer of Property Act (IV of 1882), S. 54---Specific Relief Act (I of 1877), S. 42---Suit for declaration and permanent injunction was filed by respondent against another respondent contendi…
2022 CLC 947 LAHORE-HIGH-COURT-LAHORE
EJAZ IQBAL VS ADDITIONAL DISTRICT JUDGE S.8, Form II---Family Courts Act (XXXV of 1964), S.5---Qanun-e-Shahadat (10 of 1984), Art. 129 Illustration (g)---Nikahnama, entries in---Proof---Concurrent findings of facts by two Courts below---Wit…
2022 CLC 947 LAHORE-HIGH-COURT-LAHORE
EJAZ IQBAL VS ADDITIONAL DISTRICT JUDGE arts.90, 95, 99, 117, 120 & 129---"Burden to prove" and "presumption"---Distinction---Presumption of a specific fact shifts burden to other party---Presumption implies that a certain fact is deemed to…
2022 CLC 963 LAHORE-HIGH-COURT-LAHORE
GHULAM SHABBIR VS Mst. ABBAS BIBI S.5, Sched.---Suit for recovery of alimony--- Nikahnama, Cl. 19---Scope---Sole ground to challenge Cl. 19 was the decree passed on the basis of Cl. 19 of Nikahnama, wherein parties had mutually agreed that…
2022 CLC 963 LAHORE-HIGH-COURT-LAHORE
GHULAM SHABBIR VS Mst. ABBAS BIBI S.5, Sched.---Matters arising out of Cl.19 of Nikahnama---Scope---No restriction existed that husband cannot agree to arrange for maintenance or agree to extend fiscal advantage to the wife, even after the…
2022 CLC 974 LAHORE-HIGH-COURT-LAHORE
MEEZAN BANK LIMITED VS WAPDA FIRST SUKUK COMPANY LIMITED arts.18, 19, 117 & 120---Relevance of fact---Onus to prove---Standard of proof in civil cases is on balance of probabilities that is what fact is more likely to have happened based on…
2022 CLC 974 LAHORE-HIGH-COURT-LAHORE
MEEZAN BANK LIMITED VS WAPDA FIRST SUKUK COMPANY LIMITED S.88---Inter-pleader---Connotation---Typical inter-pleader is an innocent stakeholder, who is subject to competing claims---Where claims of defendants are inextricably interrelated it…
2022 CLC 974 LAHORE-HIGH-COURT-LAHORE
MEEZAN BANK LIMITED VS WAPDA FIRST SUKUK COMPANY LIMITED S.88---Inter-pleader suit---Words "for the purposes of obtaining a decision"---Consequential relief, deciding of---Scope---Nothing in S.88, C.P.C. which prevents a decision on claims…
2022 CLC 974 LAHORE-HIGH-COURT-LAHORE
MEEZAN BANK LIMITED VS WAPDA FIRST SUKUK COMPANY LIMITED Ss.88 & 11---Inter-pleader suit---Res judicata, principle of---Applicability--- Decision of Court in an interpleader suit indemnifies plaintiff on payment of money or delivery of prop…
2022 CLC 974 LAHORE-HIGH-COURT-LAHORE
MEEZAN BANK LIMITED VS WAPDA FIRST SUKUK COMPANY LIMITED O.VI, R.4---Qanun-e-Shahadat (10 of 1984), Arts.117 & 120---Fraud---Proof---Where fraud is alleged, general rule is that person who pleads fraud must establish fraud--- Burden is on t…
2022 CLC 974 LAHORE-HIGH-COURT-LAHORE
MEEZAN BANK LIMITED VS WAPDA FIRST SUKUK COMPANY LIMITED S.42---Civil Procedure Code (V of 1908), S.88, O.XXXV, Rr.3 & 4---Suit for declaration, recovery of damages---Inter-pleader claim---Water And Power Development Authority filed suit se…
2022 CLC 974 LAHORE-HIGH-COURT-LAHORE
MEEZAN BANK LIMITED VS WAPDA FIRST SUKUK COMPANY LIMITED art.59---Expert opinion---Report, admissibility of---Precondition---author of report has to appear in Trial Court as witness and to be subjected to cross examination without which his…
2022 CLC 974 LAHORE-HIGH-COURT-LAHORE
MEEZAN BANK LIMITED VS WAPDA FIRST SUKUK COMPANY LIMITED S.11---Bar on rectification of central depository register---Object, purpose and scope---Purpose of S.11 of Central Depository Act, 1997 is to allow smooth transfer of securities on a…
2022 CLC 974 LAHORE-HIGH-COURT-LAHORE
MEEZAN BANK LIMITED VS WAPDA FIRST SUKUK COMPANY LIMITED S.88 & O. XXXV, R.1 & 4---Inter-pleader suit---Scope---Where there are rival claimants with respect to same debt against same person, which person being stakeholder claims no interest…
2022 CLC 1060 LAHORE-HIGH-COURT-LAHORE
GHULAM QASIM VS MEMBER BOARD OF REVENUE PUNJAB S.42---Transfer of Property Act (IV of 1882), S. 60---Suit for declaration---Right of mortgagor to redeem---Limitation---Scope---Suit land was mortgaged with the petitioners-mortgagees by respo…
2022 PLD 313 LAHORE-HIGH-COURT-LAHORE
AHMAD WAQAS VS ISHTIAQ ALI S. 53a---Constitution of Pakistan, arts. 5 & 24---Civil Procedure Code (V of 1908), S. 144---Penal Code (XLV of 1860), S. 441---Respondent's suit for recovery of possession and mesne profit was concurrently decree…
2022 PLD 313 LAHORE-HIGH-COURT-LAHORE
AHMAD WAQAS VS ISHTIAQ ALI arts. 186 & 188---Injunction/restraint order to be express---Mere filing of appeal/revision would not operate as stay order---Prohibition/restraint could not be implied but must be clearly expressed/communicated.
2022 PLD 313 LAHORE-HIGH-COURT-LAHORE
AHMAD WAQAS VS ISHTIAQ ALI S. 53a-Part performance---Possession---Section 53a of the Transfer of Property act, 1882, will come into play for protection of the buyer only when the buyer had performed his commitments substantially and was wil…
2022 PLD 313 LAHORE-HIGH-COURT-LAHORE
AHMAD WAQAS VS ISHTIAQ ALI Ss. 268 & 441---"Nuisance" and "trespass"---Distinguished---General distinction between a nuisance and a trespass is that the trespass flows from a physical invasion and the nuisance does not.
2022 PLD 313 LAHORE-HIGH-COURT-LAHORE
AHMAD WAQAS VS ISHTIAQ ALI S. 441---"annoyance"---Connotation---Word "annoyance" means "nuisance" and has been defined as "a condition that interferes with the use or enjoyment of property, especially a non-transitory condition or persisten…
2022 PLD 313 LAHORE-HIGH-COURT-LAHORE
AHMAD WAQAS VS ISHTIAQ ALI art. 24---Protection of property---Remedies against violation---Scope---No person should be deprived of his property save in accordance with law---Creating hindrances in the way of owner of the property debarring…
2022 CLC 1083 LAHORE-HIGH-COURT-LAHORE
ABDUL HAMEED VS PROVINCE OF THE PUNJAB arts.4, 10-a & 25---Punjab Finance act (XLI of 2012), S.6 [since omitted]---Punjab Finance act (VI of 2010), S.6 [since omitted]---Right of individuals to be dealt in accordance with law---Right to fai…
2022 CLC 1083 LAHORE-HIGH-COURT-LAHORE
ABDUL HAMEED VS PROVINCE OF THE PUNJAB arts. 4, 10-a & 25---Right of individuals to be dealt in accordance with law---Right to fair trial---Equality of citizens---Scope---absence of due process offends arts. 4, 10-a and 25 of the Constituti…
2022 CLC 1083 LAHORE-HIGH-COURT-LAHORE
ABDUL HAMEED VS PROVINCE OF THE PUNJAB Taxing statute---Amendments---Scope---Procedural amendments providing a machinery to collect and recover a tax through due process are given retrospective effect, especially when they are beneficial to…
2022 MLD 1 LAHORE-HIGH-COURT-LAHORE
Mian KHURRAM SAEED VS MUHAMMAD KHALID O.XLI, R.27(b)---Criminal Procedure Code (V of 1898), S. 173---Suit for recovery of damages---Malicious prosecution---Discharge in police report---Malice, proof of---On the complaint of petitioner/defen…
2022 MLD 1 LAHORE-HIGH-COURT-LAHORE
Mian KHURRAM SAEED VS MUHAMMAD KHALID Court, duty of---Principle---To ensure that upright citizens and right minded persons of society can discharge their responsibility of reporting crimes to law enforcement agencies without any fear of be…
2022 MLD 1 LAHORE-HIGH-COURT-LAHORE
Mian KHURRAM SAEED VS MUHAMMAD KHALID Necessary ingredients---Proof---Plaintiff is required to prove 'malice' and 'reasonable and probable cause' independently in cases of 'malicious prosecution'---When issue of 'reasonable and probable cau…
2022 MLD 25 LAHORE-HIGH-COURT-LAHORE
ANWAR KHAN VS Mst. BHOLI BIBI S.55---Effect of failure to perform when time is not essential---Scope---Even if time is not the essence of the contract, the claimant has to act reasonably and within reasonable time.
2022 MLD 25 LAHORE-HIGH-COURT-LAHORE
ANWAR KHAN VS Mst. BHOLI BIBI S.10---Oral agreement---Scope---Unwritten agreement, though recognized by the law, is required to be proved by unimpeachable and credible evidence.
2022 MLD 25 LAHORE-HIGH-COURT-LAHORE
ANWAR KHAN VS Mst. BHOLI BIBI S.12---Suit for specific performance---Oral agreement---Burden of proof---Un-natural conduct---Scope---Plaintiff filed suit for specific performance of oral agreement to sell---Validity---Date and time of the a…
2022 MLD 54 LAHORE-HIGH-COURT-LAHORE
MAQBOOL AHMAD VS MANZOOR HUSSAIN S.15---Eviction of tenant---Rent Petition---Description of demised-property in rent petition---Scope---Wisdom behind the requirement to mention in detail the description of demised-property in rent petition…
2022 MLD 54 LAHORE-HIGH-COURT-LAHORE
MAQBOOL AHMAD VS MANZOOR HUSSAIN S.28---appeal, filing of---Limitation---appeal filed by the eviction petitioner before the appellate Court was barred by time for three days---Held, that the petitioner had failed to explain the delay as req…
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