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 PLD 328 LAHORE-HIGH-COURT-LAHORE
Mehr ASHRAF VS STATION HOUSE OFFICER Preamble---Scope---Preamble is the gateway to any statute; it is bedrock to understand the scope, purpose and object to any statute.
2022 PLD 328 LAHORE-HIGH-COURT-LAHORE
Mehr ASHRAF VS STATION HOUSE OFFICER Frivolous---Definition---Scope---Frivolousness is a legal position wholly without merit, that is, without rational argument based on law and evidence to support litigant's position.
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---Section 35, C.P.C., deals with actual costs while S. 35-a with compensatory costs---actual costs r…
2022 PLD 328 LAHORE-HIGH-COURT-LAHORE
Mehr ASHRAF VS STATION HOUSE OFFICER Preamble---Scope---Preamble is a part of a statute though not its operative part---Nevertheless, it provides a useful guide to find out the legislative intent.
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 are granted to a person who succeeds in litigation---Such costs are to be paid by the unsucc…
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---Provision of costs should not obstruct access to courts and justice---Costs should not be deterren…
2022 PLD 328 LAHORE-HIGH-COURT-LAHORE
Mehr ASHRAF VS STATION HOUSE OFFICER Preamble---Scope---Preamble is a window to the main statute---Although the preamble does not control the main enactment, it certainly gives an inkling of the intention of the Legislature and as to the po…
2022 CLC 1659 LAHORE-HIGH-COURT-LAHORE
Mst. AFIFA BIBI alias BEGUM AFIFA MOMDOOT VS Mst. JAMEELA SIKANDAR Ss. 8 & 9---Qanun-e-Shahadat (10 of 1984), Art. 113---Agreement, acceptance of---Consideration, receiving of---Suit for specific performance--¬-Plaintiff/respondent alleged…
2022 CLC 1659 LAHORE-HIGH-COURT-LAHORE
Mst. AFIFA BIBI alias BEGUM AFIFA MOMDOOT VS Mst. JAMEELA SIKANDAR arts. 70, 72 & 113---agreement, acceptance of---Documentary evidence would always take preference over the oral deposition---Document could be rebutted by a document having…
2022 CLC 1659 LAHORE-HIGH-COURT-LAHORE
Mst. AFIFA BIBI alias BEGUM AFIFA MOMDOOT VS Mst. JAMEELA SIKANDAR S.100---appellate Court, findings of---Preference---In event of conflict of judgments, findings of appellate Court were to be preferred and respected, unless it was shown fr…
2022 CLC 1684 LAHORE-HIGH-COURT-LAHORE
MUHAMMAD ABDUL REHMAN VS ADDITIONAL DISTRICT JUDGE, MULTAN O.XXI, Rr.1 & 2 & S.47---Family Courts Act (XXXV of 1964), Preamble---Family suit---Execution petition---Out of court payment/settlement alleged---Scope---Suit of the respondent/wif…
2022 CLC 1703 LAHORE-HIGH-COURT-LAHORE
SARDARAN BIBI VS MUHAMMAD ARSHAD art.150---Qanun-e-Shahadat (10 of 1984), art. 85---Full faith/credit shall be given throughout Pakistan to public acts/records.
2022 CLC 1703 LAHORE-HIGH-COURT-LAHORE
SARDARAN BIBI VS MUHAMMAD ARSHAD S.8---Phrase "entitled to the possession" presupposes that in order to obtain a decree for possession, the plaintiff is entitled to the possession and that it implies an inbuilt declaration as to entitlement…
2022 CLC 1703 LAHORE-HIGH-COURT-LAHORE
SARDARAN BIBI VS MUHAMMAD ARSHAD Ss.42 & 52---Mutation/revenue entry---Presumption of correctness---Revenue record is not a conclusive evidence of the ownership---Mutation is not a title deed but it is sanctioned under S.42 of the Punjab La…
2022 CLC 1703 LAHORE-HIGH-COURT-LAHORE
SARDARAN BIBI VS MUHAMMAD ARSHAD S.8---Civil Procedure Code (V of 1908), Order II, R.2 & O.XXIII, R.1---Punjab Land Revenue Act (XVII of 1967), Ss.42 & 52---In prior suit for declaration and permanent injunction, petitioner alleged that she…
2022 CLC 1703 LAHORE-HIGH-COURT-LAHORE
SARDARAN BIBI VS MUHAMMAD ARSHAD adverse possession---Party's claim as to the right to occupy the disputed property on the basis of adverse possession is not permissible under the law and adverse possession has been declared as un-Islamic b…
2022 CLC 1703 LAHORE-HIGH-COURT-LAHORE
SARDARAN BIBI VS MUHAMMAD ARSHAD O.XXIII, R.1---Subsequent suit, institution before withdrawal of the prior---Scope---Bar contained in O.XXIII, R.1, C.P.C. against filing the fresh suit after withdrawal of the first suit without permission…
2022 CLC 1719 LAHORE-HIGH-COURT-LAHORE
ZAHID MEHMOOD VS Malik MUHAMMAD FAHAD S.75 & O.XXVI, R.9---Execution proceedings---Suit for permanent/mandatory injunction filed by respondents claiming that they were owners of land and the petitioners/defendants intended to demolish the c…
2022 CLC 1754 LAHORE-HIGH-COURT-LAHORE
ABDUL WAHEED VS Mst. RUBINA SHAHEEN S.115---Revision of the order remanding the case---Scope---In matters where a case was remanded, the facility of civil revision was only available when the order directing remand was either absolutely per…
2022 CLC 1754 LAHORE-HIGH-COURT-LAHORE
ABDUL WAHEED VS Mst. RUBINA SHAHEEN Ss.3, 9 & art.120---Civil Procedure Code (V of 1908), O.VI, R.11---Mutation---Hiba, (gift) validity of---Respondent/plaintiff challenged the mutation based on hibanama in favour of the petitioner, (being…
2022 CLC 1805 LAHORE-HIGH-COURT-LAHORE
ZAFAR IQBAL VS ASSISTANT COMMISSIONER CHUNNIAN, DISTRICT KASUR Ss.9, 11 & 12---Constitution of Pakistan, Arts. 10A, 23 & 24---Fresh demarcation of property and payment of liquidated damages/compensation---Petitioner's land was situated in t…
2022 CLC 1805 LAHORE-HIGH-COURT-LAHORE
ZAFAR IQBAL VS ASSISTANT COMMISSIONER CHUNNIAN, DISTRICT KASUR Ss.9, 11 & 12---Requirement of serving notice, non-compliance of---Vitiation of Award---Service of notice under Ss. 9 & 12 of the Land Acquisition Act, 1894 was mandatory requir…
2022 CLC 1805 LAHORE-HIGH-COURT-LAHORE
ZAFAR IQBAL VS ASSISTANT COMMISSIONER CHUNNIAN, DISTRICT KASUR Preamble---Constitution of Pakistan, Arts. 10A, 23 & 24---Acquisition through due process of law---Object of Land Acquisition Act, 1894, was not to deprive a person from his pro…
2022 CLC 1805 LAHORE-HIGH-COURT-LAHORE
ZAFAR IQBAL VS ASSISTANT COMMISSIONER CHUNNIAN, DISTRICT KASUR S.12---Constitution of Pakistan, Arts.10A, 23 & 24---Fair acquisition---Service of notice---No person could be condemned unheard and no person could be divested of property with…
2022 CLC 1815 LAHORE-HIGH-COURT-LAHORE
MUHAMMAD ASHRAF VS RIAZ MAHMOOD O.XXXVII, Rr. 2 & 3---Qanun-e-Shahadat (10 of 1984), Arts. 21 & 113---Suit for recovery---Cheque dishonoured on ground of insufficient balance---Respondent launched FIR which was cancelled by the Police---Res…
2022 CLC 1815 LAHORE-HIGH-COURT-LAHORE
MUHAMMAD ASHRAF VS RIAZ MAHMOOD O.XXXVII, Rr. 2 & 3---Summary procedure---Judicial wisdom---Procedure for suit founded on the special documents was that defendant was not, as in ordinary suit, entitled as of right to defend the suit---Objec…
2022 CLC 1842 LAHORE-HIGH-COURT-LAHORE
Malik FAHIM ULLAH KHAN VS The DISTRICT RETURNING OFFICER S.62---Scrutiny---Scope---Section 62 of the Elections act, 2017 states that any voter of a constituency may file objections to the candidature of a candidate before the Returning Offi…
2022 CLC 1842 LAHORE-HIGH-COURT-LAHORE
Malik FAHIM ULLAH KHAN VS The DISTRICT RETURNING OFFICER S.62---Scrutiny---Scope---Case of appellant was that as per election schedule, the last date of scrutiny of nomination papers was fixed as 11-08-2022, but the Returning Officer conduc…
2022 CLC 1871 LAHORE-HIGH-COURT-LAHORE
MUHAMMAD AKHTAR VS ABDUL REHMAN S.115, O.XXXVII, Rr.1, 2 & 4---Limitation Act (IX of 1908), Ss. 3 & 5---Recovery of money---Ex-parte judgment, setting aside of---Limitation---Proceedings beyond limitation---Effect---Petitioner / defendant s…
2022 CLC 1891 LAHORE-HIGH-COURT-LAHORE
KHAN MUHAMMAD VS MUHAMMAD SADIQ S.13---Suit for pre-emption---Scope---Pre-emptor and second vendee had claimed superior right of pre-emption---Validity---Original vendor, pre-emptor and second vendee had common ancestor---Pre-emptor being m…
2022 CLC 1891 LAHORE-HIGH-COURT-LAHORE
KHAN MUHAMMAD VS MUHAMMAD SADIQ S.100---Second appeal---Scope---Scope of interference in second appeal is narrower and restricted, which can only be invoked where some gross illegality appears to have been committed by the Courts below or e…
2022 CLC 1891 LAHORE-HIGH-COURT-LAHORE
KHAN MUHAMMAD VS MUHAMMAD SADIQ Ss.13 & 30---Suit for pre-emption---Limitation---Scope---Defendant/vendee in a suit for pre-emption claimed that he had purchased the land vide sale receipt by making advance payment, when allegedly possessio…
2022 PLD 346 LAHORE-HIGH-COURT-LAHORE
Mst. SANA KHURSHEED VS GOVERNMENT OF THE PUNJAB arts. 14 & 26---Persons with Different abilities (PWDs)---access to public places---Scope---Government, government agencies, regulatory bodies and other establishments are duty bound to provid…
2022 PLD 346 LAHORE-HIGH-COURT-LAHORE
Mst. SANA KHURSHEED VS GOVERNMENT OF THE PUNJAB arts. 3, 4, 9, 14, 25, 26, 35, 37(d) & 37(f)---UN Convention on the Rights of Persons with Disabilities, 2008, arts. 9 & 13 & Preamble---Persons with Different abilities (PWDs)---Draft Bill of…
2022 PLD 346 LAHORE-HIGH-COURT-LAHORE
Mst. SANA KHURSHEED VS GOVERNMENT OF THE PUNJAB arts. 3, 9, 14, 25 & 35---UN Convention on the Rights of Persons with Disabilities, 2008, arts. 9, 13 & Preamble---Persons with Different abilities (PWDs)---Duty of State to protect rights of…
2022 PLD 346 LAHORE-HIGH-COURT-LAHORE
Mst. SANA KHURSHEED VS GOVERNMENT OF THE PUNJAB art. 37(f)---Persons with Different abilities (PWDs)---Right to employment---Scope---Under art. 37(f) of the Constitution it is the duty of State to enable PWDs, like all other citizens, throu…
2022 PLD 346 LAHORE-HIGH-COURT-LAHORE
Mst. SANA KHURSHEED VS GOVERNMENT OF THE PUNJAB arts. 4 & 37(d)---Persons with Different abilities (PWDs)---access to justice---Scope---Foundation of rule of law is the access to justice and the dispensation of justice as provided under art…
2022 CLC 1925 LAHORE-HIGH-COURT-LAHORE
SARDAR ALI VS ABDUL GHAFOOR -S.47---Executing Court---Jurisdiction---Execution, discharge or satisfaction of decree---Object and scope---Object of S.47 of the Civil Procedure Code is to provide remedy to parties in matters arising out of an…
2022 CLC 1925 LAHORE-HIGH-COURT-LAHORE
SARDAR ALI VS ABDUL GHAFOOR S.47---Constitution of Pakistan (1973), Art. 10A---Executing Court---Objection petition---Factual controversy---Evidence, opportunity to record---Fair trial---Scope---Acceptance of objection petition by Executing…
2022 CLC 1925 LAHORE-HIGH-COURT-LAHORE
SARDAR ALI VS ABDUL GHAFOOR S. 47---Executing Court---Jurisdiction---Terms "parties to suit" and "their representative"---Scope---Term "parties to suit" refers to those persons whose names are borne on the record of the suit as plaintiff an…
2022 CLC 1925 LAHORE-HIGH-COURT-LAHORE
SARDAR ALI VS ABDUL GHAFOOR Ss.9 & 47---Executing Court---Remedy of Civil Court, not barred---Scope---Provision of S.47 of Civil Procedure Code, 1908 is analogues to those of S.9 of the said Code, in so far as they confer jurisdiction to ex…
2022 CLC 1925 LAHORE-HIGH-COURT-LAHORE
SARDAR ALI VS ABDUL GHAFOOR S.47 O. XXI, Rr. 97, 100 & 103---Suit for specific performance---Execution---Objection petition---Factual controversy as to title---Court's duty to frame issues and record evidence---Suit by petitioner against on…
2022 CLC 1925 LAHORE-HIGH-COURT-LAHORE
SARDAR ALI VS ABDUL GHAFOOR S.47 & O.XXI, Rr. 97, 100 & 103---Executing Court---Proceedings equal to trial of the suit---Framing issues and recording evidence---Scope---After promulgation of Law Reforms Ordinance, 1972, all questions arisin…
2022 CLC 1950 LAHORE-HIGH-COURT-LAHORE
MUHAMMAD RIAZ VS GOVERNMENT OF PAKISTAN art.95---Constitution of Pakistan, art.199---Constitutional petition---Filing---Office objection---Wakalatnama (power of attorney) signed by Notary Public---Presumption---Petitioner was residing abroa…
2022 CLC 1973 LAHORE-HIGH-COURT-LAHORE
MUHAMMAD HUSSAIN VS MUHAMMAD ALI S.122---Gift, ingredients of---General power of attorney, use as to gift property---Suit for declaration of un-partitioned share of land---Suit land belonged to deceased who was unmarried and had two brother…
2022 CLC 1973 LAHORE-HIGH-COURT-LAHORE
MUHAMMAD HUSSAIN VS MUHAMMAD ALI Use by attorney as gift the principal's property---Gift was a personal action which could be performed by the owner himself only and for that reason the agent could not, on his own, transfer the immovable pr…
2022 CLC 1973 LAHORE-HIGH-COURT-LAHORE
MUHAMMAD HUSSAIN VS MUHAMMAD ALI Registered deed excluding heir---Validity---Donee claiming under a gift that excludes an heir, is required bylaw to establish the original transaction of gift irrespective of whether such transaction is evid…
2022 CLC 1973 LAHORE-HIGH-COURT-LAHORE
MUHAMMAD HUSSAIN VS MUHAMMAD ALI S.3---Inheritance---Limitation would not run against co-sharers nor could it be allowed to form the basis for depriving a legal heir of his share in the inheritance.
2022 CLC 1992 LAHORE-HIGH-COURT-LAHORE
MEPCO CHIEF EXECUTIVE OFFICER VS FAZAL CLOTH MILLS LTD. S.38---Limitation Act (IX of 1908), Ss. 29 & 5---Provincial Office of Inspection---Appeal---Limitation---Scope---Regulation of Generation, Transmission and Distribution of Electric Pow…
2022 CLC 1992 LAHORE-HIGH-COURT-LAHORE
MEPCO CHIEF EXECUTIVE OFFICER VS FAZAL CLOTH MILLS LTD. "Special law"---Connotation.
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