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 MLD 2006 LAHORE-HIGH-COURT-LAHORE
Munshi INTIZAR HUSSAIN alias GAPPU VS State S.345---Penal Code (XLV of 1860), Ss. 302 & 311 ---Qatl-i-amd---Ta'zir after waiver or compounding of right of qisas in qalt-i-amd---Compounding offences---Scope---Accused sought permission to com…
2022 MLD 2018 LAHORE-HIGH-COURT-LAHORE
Mst. SAIMA ASHIQ VS ELECTION COMMISSION OF PAKISTAN S.9---Constitution of Pakistan, Art.199---Constitutional petition---Alternate and efficacious remedy, availability of---Petitioner was aggrieved of order passed by Election Commission of P…
2022 MLD 2051 LAHORE-HIGH-COURT-LAHORE
ABDUL REHMAN VS ADDITIONAL DISTRICT JUDGE-I, RAJANPUR Ss.2(m) & 19---Constitution of Pakistan, Art.199---Constitutional petition---Ejectment of tenant---Co-sharer of premises---Tenancy agreement---Proof---Parties were brother and sister int…
2022 MLD 2051 LAHORE-HIGH-COURT-LAHORE
ABDUL REHMAN VS ADDITIONAL DISTRICT JUDGE-I, RAJANPUR Joint property---Right---Co-owners of a particular property are owners of each and every inch of joint property as long as the same is partitioned either privately or through recognized…
2022 MLD 2051 LAHORE-HIGH-COURT-LAHORE
ABDUL REHMAN VS ADDITIONAL DISTRICT JUDGE-I, RAJANPUR Joint property---Private partition---Family settlement and partition can be reached at privately by parties---Courts of law have recognized such private partition as the same requires so…
2022 MLD 2066 LAHORE-HIGH-COURT-LAHORE
HAFEEZ-UR-REHMAN CHOUDHARY VS FEDERATION OF PAKISTAN arts.48(6) & 199---Constitutional jurisdiction of High Court---Mandamus, writ of---Maintainability---Prayer against basic structure of the Constitution---Petitioner sought direction to th…
2022 MLD 2077 LAHORE-HIGH-COURT-LAHORE
Mst. RAZIA SULTANA VS JUDGE FAMILY COURT S.5, Sched.---Execution of decree for return of dowry articles ---Alternate price of dowry articles awarded---Petitioner (wife) filed execution petition before Trial Court against respondent (husband…
2022 MLD 2077 LAHORE-HIGH-COURT-LAHORE
Mst. RAZIA SULTANA VS JUDGE FAMILY COURT Ss.5, 17 & Schd.---Civil Procedure Code (V of 1908), O.XX, R.10---Monetary value of dowry Article not mentioned in decree---Effect---Provisions of O.XX, R.10 of the C.P.C were not strict sensu applic…
2022 CLC 1397 LAHORE-HIGH-COURT-LAHORE
FACT FINDERS (PVT.) LTD. VS CNBC PAKISTAN S.13---Civil Procedure Code (V of 1908), S.9---Remedies under special and general laws---Ouster clause---Bar on jurisdiction---Civil Court ; concurrent jurisdiction of---Law of Torts; history in Pak…
2022 CLC 1397 LAHORE-HIGH-COURT-LAHORE
FACT FINDERS (PVT.) LTD. VS CNBC PAKISTAN S.9---Ultimate jurisdiction of Civil Court---Scope---Civil Courts were courts of ultimate jurisdiction and should continue to assume jurisdiction in respect of all civil matters, unless their jurisd…
2022 CLC 1397 LAHORE-HIGH-COURT-LAHORE
FACT FINDERS (PVT.) LTD. VS CNBC PAKISTAN O.VII, Rr.10(1) & 11---Defamation Ordinance (LVI of 2002), Preamble---"Return" and "rejection" of plaint---Distinction---Suit for defamation---Held, that "Return" was different from rejection---Retu…
2022 CLC 1397 LAHORE-HIGH-COURT-LAHORE
FACT FINDERS (PVT.) LTD. VS CNBC PAKISTAN S.9---Financial Institutions (Recovery of Finances) Ordinance (XLVI of 2001), S.7(4) & 22(3)---Defamation Ordinance (LVI of 2002), S.13---Special and general law---Financial Institutions (Recovery o…
2022 CLC 1442 LAHORE-HIGH-COURT-LAHORE
MUHAMMAD SIDDIQUE VS NASIR IQBAL S.17(4)(b)---Ejectment application---Commercial building---Personal need of the landlord's son---Rent Controller dismissed the ejectment application of the landlord/appellant on the ground that he was seekin…
2022 CLC 1451 LAHORE-HIGH-COURT-LAHORE
Maj. (Retd.) BASHIR AHMED VS PROVINCE OF PUNJAB S.18---acquisition of land---Compensation---Classification of land---Determination---Revenue record---appellant/land owner was aggrieved of compensation fixed by Referee Court---Plea raised by…
2022 CLC 1461 LAHORE-HIGH-COURT-LAHORE
MUSHTAQ AHMAD VS MOHSIN IQBAL S.12---Qanun-e-Shahadat (10 of 1984), Art.114---Suit for specific performance---Estoppel---Non-deposit of sale consideration by plaintiff---Scope---Plaintiff filed suit for specific performance of agreement to…
2022 CLC 1461 LAHORE-HIGH-COURT-LAHORE
MUSHTAQ AHMAD VS MOHSIN IQBAL art.114---Estoppel---Scope---Doctrine of estoppel enacted in art.114 of Qanun-e-Shahadat, 1984, is, in fact, an equitable doctrine, a rule of exclusion, which implies that if a person has by act or omission alt…
2022 CLC 1473 LAHORE-HIGH-COURT-LAHORE
SHAFQAT ALI VS CHAIRMAN PAKISTAN ELECTRONIC MEDIA REGULATORY AUTHORITY, PEMRA Ss.19 & 30-a---Pakistan Electronic Media authority Rules, 2009, R.19---Pakistan Electronic Media authority Cable Television (Operations) Regulations, 2002, Rgln.…
2022 CLC 1491 LAHORE-HIGH-COURT-LAHORE
TRAVEL INTERNATIONAL LIMITED VS HABIB BANK LIMITED O.XXI, Rr.66 & 90---Limitation Act (IX of 1908), Art.166---Execution proceedings---Limitation---Notice to judgment debtor---Change of address---Knowledge of decree holder---Fraud, committin…
2022 CLC 1491 LAHORE-HIGH-COURT-LAHORE
TRAVEL INTERNATIONAL LIMITED VS HABIB BANK LIMITED O.XXI, R.66---"Reserve price" fixing of---Principle---Even if judgment debtor is not present before Executing Court, it is still an obligation of Executing Court to determine reserve price…
2022 CLC 1491 LAHORE-HIGH-COURT-LAHORE
TRAVEL INTERNATIONAL LIMITED VS HABIB BANK LIMITED art.166---Execution of decree---Plea of fraud---Limitation, commencement of---Duty of Court---Instead of dismissing objection petition filed by judgment debtor summarily, Executing Court sh…
2022 CLC 1516 LAHORE-HIGH-COURT-LAHORE
WAHID BUKHSH VS ADDITIONAL DISTRICT JUDGE, MUZAFFARGARH S.5, Sched.---Suit for recovery of dower---Oral nikahnama---Non-determination of dower at the time of nikah---Mehr-e-misl---Proper dower---Scope---Petitioner assailed orders passed by…
2022 CLC 1529 LAHORE-HIGH-COURT-LAHORE
MUHAMMAD HUSSAIN VS Rana SOHAIL ANJUM O.V, Rr.17, 18, 19 & 20---Setting aside ex-parte proceedings / decree---Service duly made---Substituted service---Scope---Process Server was bound to indicate in his report that the petitioner/his agent…
2022 CLC 1529 LAHORE-HIGH-COURT-LAHORE
MUHAMMAD HUSSAIN VS Rana SOHAIL ANJUM art.10a---Setting aside ex-parte decree---Due service---Maxim: audi alteram partem---administration of justice---No one was to be deprived of civil liberties and property unless provided with due opport…
2022 CLC 1529 LAHORE-HIGH-COURT-LAHORE
MUHAMMAD HUSSAIN VS Rana SOHAIL ANJUM O.V, Rr. 6 & 13---Setting aside ex-party decree---Essential requirements--¬-Party seeking setting aside of ex parte decree would have to satisfy the Court: firstly, that summons was not duly served on h…
2022 CLC 1529 LAHORE-HIGH-COURT-LAHORE
MUHAMMAD HUSSAIN VS Rana SOHAIL ANJUM art.164---Summons not duly served---Period of limitation, commencement of---Where the summons was not duly served, the period of limitation had to commence with effect from the date from the acquisition…
2022 CLC 1529 LAHORE-HIGH-COURT-LAHORE
MUHAMMAD HUSSAIN VS Rana SOHAIL ANJUM O.V, Rr.17, 19, 20 & O.IX, Rr. 6 & 13---Suit for declaration and permanent injunction filed by respondents---One of the petitioner/defendant was pleaded ex-parte while another two defendants contested t…
2022 CLC 1628 LAHORE-HIGH-COURT-LAHORE
ASLAM PARVEZ (DECEASED) VS JAVED AKHTAR S.13---Suit for pre-emption---Talb-i-Ishhad, notice of ---Proof--- Defendants deposed that an empty envelope was received by them---Held, that admission of the defendants/respondents did not confirm t…
2022 CLC 1628 LAHORE-HIGH-COURT-LAHORE
ASLAM PARVEZ (DECEASED) VS JAVED AKHTAR S.13---Suit for pre-emption---Pre-emption, right of---Talb-i-Muwathibat---Date and time not specifically disclosed by witnesses ---Effect---Held, that two star witnesses (including informer) had not s…
2022 CLC 1628 LAHORE-HIGH-COURT-LAHORE
ASLAM PARVEZ (DECEASED) VS JAVED AKHTAR S.13 ---Suit for pre-emption---Pre-emption, right of--- Proof---Right of pre-emption is a feeble right and evidence for exercise of such right, being oral, is required to be direct, confidence inspiri…
2022 CLC 1628 LAHORE-HIGH-COURT-LAHORE
ASLAM PARVEZ (DECEASED) VS JAVED AKHTAR S.13---Suit for pre-emption---Talb-i-Muwathibat---Proof---Not only the mention of the date, time and place of performance of Talb-i-Muwathibat in the plaint was a legal requirement, but also the plain…
2022 CLC 1628 LAHORE-HIGH-COURT-LAHORE
ASLAM PARVEZ (DECEASED) VS JAVED AKHTAR S.13---Suit for pre-emption---Pre-emption, right of---Talb-i-Muwathibat---Contradictory statements of the witnesses---Effect---Contradictions in the statements of witnesses as to how/when pre-emptor w…
2022 PLD 328 LAHORE-HIGH-COURT-LAHORE
Mehr ASHRAF VS STATION HOUSE OFFICER Ss. 35 & 35-a---Costs---Compensatory costs in respect of false or vexatious claims or defences---Scope---General rule is that “costs follow the event which connotes that the court will order the party lo…
2022 PLD 328 LAHORE-HIGH-COURT-LAHORE
Mehr ASHRAF VS STATION HOUSE OFFICER Ss. 35 & 35-a---Costs---Compensatory costs in respect of false or vexatious claims or defences---Purpose of imposition of costs---Scope---Provision of costs is intended to achieve the following goals; (a…
2022 PLD 328 LAHORE-HIGH-COURT-LAHORE
Mehr ASHRAF VS STATION HOUSE OFFICER Preamble---Scope---Preamble is a key to open the minds of the makers of the Act, and the mischief which they intend to redress.
2022 PLD 328 LAHORE-HIGH-COURT-LAHORE
Mehr ASHRAF VS STATION HOUSE OFFICER Ss. 35 & 35-a---Costs---Compensatory costs in respect of false or vexatious claims or defences---Frivolous claim---Scope---Imposition of costs on the losing party is one of the effective means to curb fr…
2022 PLD 328 LAHORE-HIGH-COURT-LAHORE
Mehr ASHRAF VS STATION HOUSE OFFICER Ss. 35 & 35-a---Costs---Compensatory costs in respect of false or vexatious claims or defences---Scope---Proceedings are vexatious if they are instituted with intent to annoy or embarrass the opposite pa…
2022 PLD 328 LAHORE-HIGH-COURT-LAHORE
Mehr ASHRAF VS STATION HOUSE OFFICER Ss. 35 & 35-a---Costs---Compensatory costs in respect of false or vexatious claims or defences---Scope---Costs is the sum of money which the court orders one party to pay another party in an action as co…
2022 PLD 328 LAHORE-HIGH-COURT-LAHORE
Mehr ASHRAF VS STATION HOUSE OFFICER Ss. 35 & 35-a---Costs---Compensatory costs in respect of false or vexatious claims or defences---Scope---Every case filed that is dismissed is not frivolous and does not mean that it was instituted with…
2022 PLD 328 LAHORE-HIGH-COURT-LAHORE
Mehr ASHRAF VS STATION HOUSE OFFICER S. 29---Judicial proceedings---Consent---Scope---Consent of the Advocate General required under S. 29 of the Mental Health Ordinance, 2001, is a substantive function in order to ensure that the objective…
2022 PLD 328 LAHORE-HIGH-COURT-LAHORE
Mehr ASHRAF VS STATION HOUSE OFFICER S. 29---Criminal Procedure Code (V of 1898), S. 491---Habeas corpus---Detenu sought to be declared mentally disordered---Scope---Petitioners and one of the respondents were real brothers and sister---Pet…
2022 PLD 328 LAHORE-HIGH-COURT-LAHORE
Mehr ASHRAF VS STATION HOUSE OFFICER Preamble---Scope---Mentally disordered persons are the weakest members of the society and are prone to all types of abuse---According to its preamble, the Mental Health Ordinance, 2001, aims to protect t…
2022 PLD 328 LAHORE-HIGH-COURT-LAHORE
Mehr ASHRAF VS STATION HOUSE OFFICER Preamble---Scope---Preamble is a legitimate aid in discovering the purpose of a statute.
2022 PLD 328 LAHORE-HIGH-COURT-LAHORE
Mehr ASHRAF VS STATION HOUSE OFFICER Ss. 35, 35-a & 95---Costs---Compensatory costs in respect of false or vexatious claims or defences---Compensation for obtaining arrest, attachment or injunction on insufficient grounds---Scope---Costs ar…
2022 PLD 328 LAHORE-HIGH-COURT-LAHORE
Mehr ASHRAF VS STATION HOUSE OFFICER Ss. 35 & 35-a---Costs---Compensatory costs in respect of false or vexatious claims or defences---Frivolous claim---Scope---Claim or defence is frivolous (a) if it is taken primarily for the purpose of ha…
2022 PLD 328 LAHORE-HIGH-COURT-LAHORE
Mehr ASHRAF VS STATION HOUSE OFFICER "Costs"---Meaning---Scope---"Costs" is a pecuniary allowance, made to the successful party (and recoverable from the losing party), for his expenses in prosecuting or defending an action or a distinct pr…
2022 PLD 328 LAHORE-HIGH-COURT-LAHORE
Mehr ASHRAF VS STATION HOUSE OFFICER Ss. 35 & 35-a---Costs---Compensatory costs in respect of false or vexatious claims or defences---Discretionary jurisdiction---Scope---Costs are in the discretion of the court, however, such discretion sh…
2022 PLD 328 LAHORE-HIGH-COURT-LAHORE
Mehr ASHRAF VS STATION HOUSE OFFICER Ss. 35 & 35-a---Constitution of Pakistan, art. 199---Costs---Compensatory costs in respect of false or vexatious claims or defences---Scope---Court dealing with civil suits are bound by the provisions of…
2022 PLD 328 LAHORE-HIGH-COURT-LAHORE
Mehr ASHRAF VS STATION HOUSE OFFICER Preamble---Scope---Preamble of the statute is a good means to find out the meaning of the statute, as it is a key to open the understanding thereof.
2022 PLD 328 LAHORE-HIGH-COURT-LAHORE
Mehr ASHRAF VS STATION HOUSE OFFICER Ss. 35 & 35-a---Costs---Compensatory costs in respect of false or vexatious claims or defences---Frivolous claim---Scope---Frivolous lawsuit is one for which there is no genuine basis either in law or fa…
2022 PLD 328 LAHORE-HIGH-COURT-LAHORE
Mehr ASHRAF VS STATION HOUSE OFFICER Ss. 35 & 35-a---Costs---Compensatory costs in respect of false or vexatious claims or defences---Scope---Vexatious claim is one that is brought or maintained in 'bad faith', which may include conduct whi…
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