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 MLD 907 PESHAWAR-HIGH-COURT
MUHAMMAD HUSSAIN VS AMJID HUSSAIN S.497---Penal Code (XLV of 1860), Ss.302, 324 & 34---Qatl-i-amd, attempt to commit qatl-i-amd and common intention---Bail, grant of---Medical grounds---Scope---Accused, who sought bail on medical grounds al…
2021 MLD 907 PESHAWAR-HIGH-COURT
MUHAMMAD HUSSAIN VS AMJID HUSSAIN S.497---Bail---Medical grounds---Scope---Where the court is satisfied of the sickness of the accused and that such disease cannot be properly treated in custody, then gravity of the disease outshines the gr…
2021 MLD 1023 PESHAWAR-HIGH-COURT
SAID ALI VS NOOR ALI S.8---Civil Procedure Code (V of 1908), S.47---Decree, interpretation of---Executing Court--- Powers---Compromise deed---Respondent-plaintiff filed suit for recovery of possession of house in question and the same was d…
2021 MLD 1097 PESHAWAR-HIGH-COURT
ZAHID VS State S.302(b)---Qanun-e-Shahadat (10 of 1984), Art.129(g)---Qatl-i-Amd---Appreciation of evidence---Maxim: Falsus in uno falsus in omnibus---Applicability---Witness not produced---Presumption---Eyewitness shown in site plan was ab…
2021 MLD 1097 PESHAWAR-HIGH-COURT
ZAHID VS State Benefit of doubt---Scope---For giving benefit of doubt, it is not necessary that there should be many circumstances creating doubts---Single circumstance creating reasonable doubt in prudent mind about guilt of accused makes…
2021 MLD 1097 PESHAWAR-HIGH-COURT
ZAHID VS State Witness---Improvements--- Effect--- Improvement once found to be deliberate and dishonest causes serious doubts on veracity of witnesses.
2021 MLD 1113 PESHAWAR-HIGH-COURT
HASHIM ALI VS State S.497---Bail---Principle---Scope---High Court observed that curtailment of liberty of a person is a serious step in law, therefore, the judges should apply judicial mind with deep thought for reaching at a fair and prope…
2021 MLD 1113 PESHAWAR-HIGH-COURT
HASHIM ALI VS State S.497---Penal Code (XLV of 1860), Ss.324 & 34---Khyber Pakhtunkhwa Arms Act (XXIII of 2013), S.15---Attempt to commit qatl-i-amd and common intention---Bail, grant of---Further inquiry---Scope---Accused was alleged to ha…
2021 MLD 1113 PESHAWAR-HIGH-COURT
HASHIM ALI VS State S.497---Bail---Accused in custody of sureties---Scope---Bail does not mean acquittal of accused but only change of custody form Government agencies to the sureties, who on furnishing bonds take responsibility to produce…
2021 MLD 1219 PESHAWAR-HIGH-COURT
SARFARAZ VS ABDUL GHAFOOR Ss.42 & 54---Transfer of Property Act (IV of 1882), S.54---Suit for declaration and injunction---Sale---Proof---Concurrent findings of facts by two Courts below---Petitioners-plaintiffs claimed to be owners in poss…
2021 MLD 1238 PESHAWAR-HIGH-COURT
MURAD ALI VS State S.9(b)---Possession of Narcotics---Appreciation of evidence---Prosecution case was that 106 grams of heroin was recovered from the possession of the accused---Record revealed that when charge was framed the accused did no…
2021 MLD 1253 PESHAWAR-HIGH-COURT
DORAJ VS State S.497---Penal Code (XLV of 1860), Ss. 302, 311, 148 & 149---Qatl-i-amd, tazir after waiver or compounding of right of qisas in qatl-i-amd, rioting, armed with deadly weapon and common intention---Bail, grant of---Scope---Comp…
2021 MLD 1253 PESHAWAR-HIGH-COURT
DORAJ VS State S.497---Penal Code (XLV of 1860), Ss. 302, 148 & 149---Qatl-i-amd, rioting armed with deadly weapon and common object---Bail, refusal of---Scope---Complainant alleged that he along with his cousin was returning home when five…
2021 MLD 1271 PESHAWAR-HIGH-COURT
Khawaja MUHAMMAD BILAL SETHI VS EDWARDS COLLEGE art.199---Educational institution---Increase in fee---Policy matter---Constitutional jurisdiction of High Court---Scope---Petitioners were students of BS English at the College/respondents---C…
2021 MLD 1271 PESHAWAR-HIGH-COURT
Khawaja MUHAMMAD BILAL SETHI VS EDWARDS COLLEGE art.199---Educational institution---Increase in fees---Constitutional jurisdiction of High Court---Scope---Estoppel---Petitioners were students of BS English at the College/respondents--- Peti…
2021 MLD 1271 PESHAWAR-HIGH-COURT
Khawaja MUHAMMAD BILAL SETHI VS EDWARDS COLLEGE art.25---Educational institution---Increase in fee of all faculties---No discrimination---Petitioners (students of BS English at the College/respondents) invoked constitutional jurisdiction of…
2021 MLD 1325 PESHAWAR-HIGH-COURT
KHYBER PAKHTUNKHWA TEXTILE MILLS ASSOCIATION VS FEDERATION OF PAKISTAN through Secretary Ministry of Petroleum and National Resources Ss.3, 6 & 13---adjudication by Regulatory authorities---Scope---Petitioners sought restraining Gas Utility…
2021 MLD 1330 PESHAWAR-HIGH-COURT
SHEREEN ZADA VS DIRECTOR FIA, ZONAL art.199---Constitutional petition---Protection from harassment---Scope---Grievance of the petitioner was that in the wake of a fabricated inquiry (by FIa) he was issued call up notice(s) to harass and arr…
2021 MLD 1410 PESHAWAR-HIGH-COURT
MUSHTAQ AHMAD VS FAYAZ Party can succeed on the strength of his own evidence and he cannot seek benefits from the weakness of the other.
2021 MLD 1410 PESHAWAR-HIGH-COURT
MUSHTAQ AHMAD VS FAYAZ S.13---Eviction of tenant---Relationship of landlord and tenant---Scope---Petitioner/landlord assailed the concurrent dismissal of his ejectment petition---Validity---Landlord had not mentioned in his petition as to w…
2021 MLD 1410 PESHAWAR-HIGH-COURT
MUSHTAQ AHMAD VS FAYAZ Party can only succeed according to what was alleged and proved.
2021 MLD 1410 PESHAWAR-HIGH-COURT
MUSHTAQ AHMAD VS FAYAZ art.129(g)---Withholding best evidence---Scope---If an evidence of vital importance is not produced or is withheld, the court in terms of art.129(g), Qanun-e-Shahadat, 1984 would draw an adverse inference that had suc…
2021 MLD 1410 PESHAWAR-HIGH-COURT
MUSHTAQ AHMAD VS FAYAZ S.13---Eviction of tenant---Relationship of landlord and tenant---Scope---When issue regarding the existence of relationship of tenant and landlord is framed, the landlord is required to prove the same and in case of…
2021 MLD 1410 PESHAWAR-HIGH-COURT
MUSHTAQ AHMAD VS FAYAZ S.13---Eviction of tenant---Relationship of landlord and tenant---Scope---Payment of rent is a sine qua non for the relationship of landlord and tenant.
2021 MLD 1452 PESHAWAR-HIGH-COURT
HOSPITAL DIRECTOR AYUB TEACHING HOSPITAL,MTI ABBOTTABAD VS MUJAHID AHMAD S.409---Prevention of Corruption act (II of 1947), S.5---Criminal breach of trust by public servant, or by banker, merchant or banker, criminal misconduct---appeal aga…
2021 MLD 1452 PESHAWAR-HIGH-COURT
HOSPITAL DIRECTOR AYUB TEACHING HOSPITAL,MTI ABBOTTABAD VS MUJAHID AHMAD S.417---appeal against acquittal---accused, after acquittal, earns double innocence. Zaheer Sadiq v. Muhammad Ijaz and others 2017 SCMR 2007; Mst. anwar Begum v. akhta…
2021 MLD 1482 PESHAWAR-HIGH-COURT
BILAL AHMAD VS State S.497---Khyber Pakhtunkhwa Control of Narcotic Substances Act (XXXI of 2019), S.9---Transportation of narcotics---Bail, refusal of---Scope---Accused was allegedly apprehended while transporting 6000 grams of charas---Co…
2021 MLD 1503 PESHAWAR-HIGH-COURT
JAWAD KHAN alias SOHIAL VS State S.497---Penal Code (XLV of 1860), Ss.302, 324, 353, 427, 148 & 149---Explosive Substance Act (VI of 1908), Ss.4 & 5---Khyber Pakhtunkhwa Arms Act (XXIII of 2013), S. 15---Anti-Terrorism Act (XXVII of 1997),…
2021 MLD 1503 PESHAWAR-HIGH-COURT
JAWAD KHAN alias SOHIAL VS State S.497---Bail---Tentative assessment---Scope---Observations recorded in bail order were purely tentative in nature and would not prejudice the proceedings before the Trial Court where the case be decided on i…
2021 MLD 1532 PESHAWAR-HIGH-COURT
NASIR ALI VS Mst. ZAKIA S.265-D---Powers to examine record before framing of charge---Framing of charge is not an automatic process and the Trial Court is not supposed to act like a post office just to stamp on the ipse-dixit of police---If…
2021 MLD 1532 PESHAWAR-HIGH-COURT
NASIR ALI VS Mst. ZAKIA Ss.302(b) & 109---Criminal Procedure Code (V of 1898), S.265-D---Qatl-i-amd, abetment---Discharge of accused by the Trial Court before framing of charge---Scope---Accused, a lady, was charged for committing murder of…
2021 MLD 1627 PESHAWAR-HIGH-COURT
Malik TAJAMAL HAYAT KHAN VS GOVERNMENT OF KHYBER PAKHTUNKHWA art.199---Constitutional petition---Maintainability---Intricate question of law and facts---Scope---High Court while exercising Constitutional jurisdiction under art.199 of the Co…
2021 MLD 1627 PESHAWAR-HIGH-COURT
Malik TAJAMAL HAYAT KHAN VS GOVERNMENT OF KHYBER PAKHTUNKHWA S.6---Constitution of Pakistan, Art.199---Constitutional petition---Alternate and efficacious remedy---Petitioner contended that his private compliant under S.200, Cr.P.C. against…
2021 MLD 1676 PESHAWAR-HIGH-COURT
UMAR NAZIR VS MUKARAM KHAN Ss.3 & 4---Civil Procedure Code (V of 1908), O.XXI, R.32---Contempt of Court---Execution of decree---applicant/decree-holder initiated contempt proceedings against respondents to execute his decree---Validity---Ne…
2021 MLD 1694 PESHAWAR-HIGH-COURT
KAMRAN SHER VS Mst. SADIA S.5---Maintenance allowance to wife---Principle---Non-payment of dower---Effect---Respondent-plaintiff (wife) filed suit for recovery of dower amount, maintenance allowance, gold jewelry, dowry articles and share i…
2021 MLD 1709 PESHAWAR-HIGH-COURT
SHER WALI VS State S.497---Penal Code (XLV of 1860), Ss.302, 324, 337-A(i), 337-F(i)(ii), 148 & 149---Qatl-i-amd, attempt to commit qatl-i-amd, shajjah-i-khafifah, damiyah, badi'ah, rioting, armed with deadly weapon, common object---Bail, g…
2021 MLD 1709 PESHAWAR-HIGH-COURT
SHER WALI VS State S.497---Bail---Absconsion---Scope---Absconsion alone is not sufficient to disentitle an accused to the concession of bail if he otherwise deserves the same on merit.
2021 MLD 1709 PESHAWAR-HIGH-COURT
SHER WALI VS State S.497---Bail---Tentative assessment---Scope---Tentative assessment of material is to be made at bail stage and deeper appreciation is not warranted---Bail application cannot be heard and decided in vacuum rather the Court…
2021 MLD 1857 PESHAWAR-HIGH-COURT
ATLAS KHAN VS State S.497---Khyber Pakhtunkhwa Control of Narcotic Substances Act (XXXI of 2019), S.11(b)---Possession of narcotics---Bail, refusal of---Scope---Accused sought bail in a case lodged under S. 11(b) of Khyber Pakhtunkhwa Contr…
2021 MLD 1951 PESHAWAR-HIGH-COURT
Syed JAWAD HUSSAIN VS State S.9(c)---Possession of 36 kgs of charas---Appreciation of evidence---Benefit of doubt---Prosecution case was that 30 packets of charas each of 1200/1200 grams, lying in secret cavity made beneath the driver's sea…
2021 MLD 1972 PESHAWAR-HIGH-COURT
Mst. MUKHTAJ BIBI VS State S.497---Penal Code (XLV of 1860), Ss. 302, 148, 149 & 404---Qatl-i-amd, rioting, armed with deadly weapon, common object, dishonest misappropriation of property possessed by deceased person at the time of his deat…
2021 MLD 1997 PESHAWAR-HIGH-COURT
ROHAID ALI SHAH VS State S.497---Penal Code (XLV of 1860), Ss.302, 324, 148 & 149---Qatl-i-amd, attempt to commit qatl-i-amd, rioting, armed with deadly weapon---Bail, refusal of---Release of co-accused on medical grounds---Scope---Accused…
2021 MLD 1997 PESHAWAR-HIGH-COURT
ROHAID ALI SHAH VS State S.497---Penal Code (XLV of 1860), Ss. 302, 324, 148 & 149---Qatl-i-amd, attempt to commit qatl-i-amd, rioting, armed with deadly weapon---Bail, refusal of---Prompt FIR---Counter-version---Scope---Accused along with…
2021 MLD 1997 PESHAWAR-HIGH-COURT
ROHAID ALI SHAH VS State S.497---Bail---Tentative assessment---Scope---Tentative assessment is to be made while hearing bail application and deeper appreciation is not warranted.
2021 MLD 2035 PESHAWAR-HIGH-COURT
TARIQ MEHMOOD ARYANI VS GOVERNMENT OF KHYBER PAKHTUNKHWA Ss. 12, 14 & 19---Necessary parties, non-impleading of---Petitioner was Chairman District Zakat and Ushr Committee and he was aggrieved of notification removing him from the seat--- V…
2021 MLD 2069 PESHAWAR-HIGH-COURT
State VS NOROZ KHAN alias ABU BAKAR Benefit of doubt---Principle---any reasonable doubt arising out of the prosecution evidence pricking the judicial mind was sufficient for acquittal of the accused.
2021 MLD 2069 PESHAWAR-HIGH-COURT
State VS NOROZ KHAN alias ABU BAKAR S.417---appeal against acquittal---Presumption---acquittal carried double presumption of innocence---Courts would be very slow in interfering with such an acquittal judgment, unless it was shown to be per…
2021 MLD 2069 PESHAWAR-HIGH-COURT
State VS NOROZ KHAN alias ABU BAKAR Ss. 302(b), 324, 458, 337-D, 148 & 149---anti-Terrorism act (XXVII of 1997), S. 7---Qatl-i-amd, attempt to commit qatl-i-amd, lurking house trespass or house-breaking by night after preparation for hurt o…
2021 MLD 2069 PESHAWAR-HIGH-COURT
State VS NOROZ KHAN alias ABU BAKAR Ss. 302(b), 324, 458, 337-D, 148 & 149---anti-Terrorism act (XXVII of 1997), S. 7---Qatl-i-amd, attempt to commit qatl-i-amd, lurking house trespass or house-breaking by night after preparation for hurt o…
2021 MLD 2093 PESHAWAR-HIGH-COURT
MUDASSIR VS State S.497---Penal Code (XLV of 1860), S.302---Qatl-i-amd---Bail, refusal of---Prompt FIR---Scope---Accused was alleged to have murdered the brother of complainant---Complainant had directly charged the accused in a promptly lo…
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