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 PLC(CS) 1585 PESHAWAR-HIGH-COURT
Sardar MUHAMMAD RAMZAN VS GOVERNMENT OF KHYBER PAKHTUNKHWA through Chief Secretary, Peshawar S.10 [as amended by Khyber Pakhtunkhwa Galiyat Development Authority (Amendment) Act, 2020)]---Constitution of Pakistan, Art. 199 (1)(b)(ii)---Quo…
2022 CLC 163 PESHAWAR-HIGH-COURT
Mst. HUSSNA BIBI VS UBAID-UR-REHMAN S.47---Execution proceeding---Jurisdiction---Objection petition, ground of---Scope---Executing Court had no mandate to go beyond the decree---Once rights of the parties were settled by Trial Court and lat…
2022 CLC 163 PESHAWAR-HIGH-COURT
Mst. HUSSNA BIBI VS UBAID-UR-REHMAN S.47---Executing Court, power of---Scope---Petitioner being guardian of minors/respondents sold the property/house of deceased father of the respondents---Trial Court revoked guardianship and directed the…
2022 CLC 202 PESHAWAR-HIGH-COURT
MUHAMMAD NAWAZ KHAN VS BAHADAR NAWAZ KHAN Ss.8, 42 & 54--- Civil Procedure Code (V of 1908), S.11---Suit for recovery of possession, declaration and injunction---Res judicata, principle of---Concurrent findings of facts by Courts below---Pe…
2022 CLC 202 PESHAWAR-HIGH-COURT
MUHAMMAD NAWAZ KHAN VS BAHADAR NAWAZ KHAN O.VII, R.11(a)---Rejection of plaint---Cause of action---Determination---Effect---"Accrual of cause of action" and "disclosure of the same" are distinct from each other---Former can only be decided…
2022 CLC 237 PESHAWAR-HIGH-COURT
Mst. FARZANA IFTIKHAR VS FEDERAL SECRETARY OVERSEAS PAKISTANIS FOUNDATION/CHAIRMAN OVERSEAS PAKISTANIS FOUNDATION, ISLAMABAD R.2(gg)---Constitution of Pakistan, Art.199---Constitutional petition---Maintainability---Overseas Pakistani Founda…
2022 CLC 237 PESHAWAR-HIGH-COURT
Mst. FARZANA IFTIKHAR VS FEDERAL SECRETARY OVERSEAS PAKISTANIS FOUNDATION/CHAIRMAN OVERSEAS PAKISTANIS FOUNDATION, ISLAMABAD Retrospective effect---Pending proceedings---Notification which purports to impair an existing or vested right or i…
2022 CLC 237 PESHAWAR-HIGH-COURT
Mst. FARZANA IFTIKHAR VS FEDERAL SECRETARY OVERSEAS PAKISTANIS FOUNDATION/CHAIRMAN OVERSEAS PAKISTANIS FOUNDATION, ISLAMABAD S.16(2)(n)---Emigration Rules, 1979, R.2(gg)---Constitution of Pakistan, Art.199---Constitutional petition---Overse…
2022 CLC 277 PESHAWAR-HIGH-COURT
MUHAMMAD ZAMAN VS Syed ZAIN-UL-ABIDEEN S.52---Lis pendens, doctrine of---Object, purpose and scope--- Main purpose of doctrine of lispendens is to obviate chances of any intermeddling with a property under litigation and if any one so inter…
2022 CLC 277 PESHAWAR-HIGH-COURT
MUHAMMAD ZAMAN VS Syed ZAIN-UL-ABIDEEN Ss.42 & 54---Transfer of Property Act (IV of 1882), Ss. 41 & 54---Civil Procedure Code (V of 1908), S. 12(2)---Judgment and decree maintaining of---Ostensible owner, transfer from---Doctrine of lis pen…
2022 CLC 308 PESHAWAR-HIGH-COURT
GUL SAHIB KHAN VS ABDUL RASHID KHAN Technicalities should not hamper the administration/dispensation of justice---Whenever it was possible to grant a relief under the law, then technicalities in way of administration of justice should be av…
2022 CLC 308 PESHAWAR-HIGH-COURT
GUL SAHIB KHAN VS ABDUL RASHID KHAN S.12---General Clauses Act (X of 1897), S.9---Day of pronouncement of order, exclusion of---Section 9 of the General Clauses Act, 1897, prescribed a method for computation of period of limitation---Date f…
2022 CLC 308 PESHAWAR-HIGH-COURT
GUL SAHIB KHAN VS ABDUL RASHID KHAN S.12---General Clauses Act (X of 1897), S.9---Limitation, commencement/termination of---Exclusion of time in legal proceedings---Suit for possession---Revenue hierarchy---Ex-parte decree was passed vide o…
2022 CLC 479 PESHAWAR-HIGH-COURT
NIJAT ALI VS ASMAT ARA S.10---Pre-trial proceedings---Date of hearing---Scope---Term "date of hearing" has not been defined in the Family Courts Act, 1964 and Family Courts Rules, 1965, however, the term "date of hearing" would mean the dat…
2022 CLC 479 PESHAWAR-HIGH-COURT
NIJAT ALI VS ASMAT ARA "Per incuriam"---Meaning---Scope---Term "per incuriam" is defined as when the Court has acted in ignorance of previous decision of its own or of a Court of coordinate jurisdiction when covered the case before it, in w…
2022 CLC 479 PESHAWAR-HIGH-COURT
NIJAT ALI VS ASMAT ARA S.9---Written statement---Scope---Specific mechanism is provided in the Family Courts Act, 1964, for settlement of disputes relating to marriage and family affairs and also other ancillary matters connected therewith-…
2022 PLD 229 PESHAWAR-HIGH-COURT
AFZAL KHAN VS GOVERNMENT OF KHYBER PAKHTUNKHWA, through Secretary, LCB, Civil Secretariat, Peshawar art. 199---Constitutional petition---Good governance---administration of justice---Public functionaries---Duty---Public transport terminals/…
2022 CLC 502 PESHAWAR-HIGH-COURT
JAVED IQBAL VS GOVERNMENT OF KHYBER PAKHTUNKHWA through Secretary Local Government, Peshawar O.XXXIX, Rr.1 & 2---Interim injunction---"Prima facie case"---Preconditions---Interim injunction, refusal of---Concurrent findings of facts by two…
2022 CLC 626 PESHAWAR-HIGH-COURT
FAIZULLAH KHAN VS GUL DARAZ KHAN Inheritance---Sharer and residuary---Predecessors in interest of parties were four brothers ("A", "B", "C" and "D")---Petitioners were successors of "A-1" and "A-2", who were sons of "A" whereas the responde…
2022 CLC 626 PESHAWAR-HIGH-COURT
FAIZULLAH KHAN VS GUL DARAZ KHAN S.115---Revisional jurisdiction---Raising new facts---Scope---Not permissible for either party to assert a new fact for the first time before High Court when the matter was being heard under S.115 of the Cod…
2022 CLC 644 PESHAWAR-HIGH-COURT
ARBAB ALTAF QADIR VS AUQAF Ss.2(e), 7 & 11---Limitation Act (IX of 1908), Ss. 5 & 29---Notification by Chief Administrator Auqaf---Condonaiton of delay---Applicability---Appellants/applicants alleged that land along with superstructure of a…
2022 CLC 659 PESHAWAR-HIGH-COURT
SHAHZADA AMAN ROOM VS MIANGUL HILAL O.XVII, R.3---Court may proceed notwithstanding either party fails to produce evidence---Scope---Once the case of a delinquent litigant squarely fell within the purview of mischief of O.XVII, R.3, C.P.C.,…
2022 CLC 659 PESHAWAR-HIGH-COURT
SHAHZADA AMAN ROOM VS MIANGUL HILAL O.XVII, R.3---Court may proceed notwithstanding either party fails to produce evidence---Scope---Petitioners assailed the dismissal of their suit under O.XVII, R.3 of C.P.C.---Validity---Trial Court befor…
2022 CLC 659 PESHAWAR-HIGH-COURT
SHAHZADA AMAN ROOM VS MIANGUL HILAL O.XVII, R.3---Court may proceed notwithstanding either party fails to produce evidence---Scope---If the orders passed under O.XVII, R.3, C.P.C., are liberally set aside then there would be no discipline i…
2022 CLC 686 PESHAWAR-HIGH-COURT
Mst. RABIYAZ BIBI VS MATIUR REHMAN Fact not asserted in the pleadings cannot be proved by producing evidence and even if an iota of evidence is led, that has to be ignored. Head Notes
2022 CLC 686 PESHAWAR-HIGH-COURT
Mst. RABIYAZ BIBI VS MATIUR REHMAN S.5, Sched.---Suit for dower, dowry articles and maintenance allowance---Maxim: Secundum allegata et probata---Scope---Petitioner filed a suit for recovery of dower, dowry articles and maintenance allowanc…
2022 CLC 686 PESHAWAR-HIGH-COURT
Mst. RABIYAZ BIBI VS MATIUR REHMAN art.72---Proof of contents of document---Scope---any document filed by either party passes through three stages before it is held to be proved or disproved---First stage: when the document is filed by eith…
2022 CLC 686 PESHAWAR-HIGH-COURT
Mst. RABIYAZ BIBI VS MATIUR REHMAN art.72---Proof of contents of document---Scope---Exhibition of document is one thing and its proof, as prescribed by law, is another thing---Exhibition of a document does not mean that it stands proved, ra…
2022 CLC 873 PESHAWAR-HIGH-COURT
IMAM SHAH VS BANAT SHAH art.114---"Estoppel by acquiescence"---Definition---acquiescence is a species of estoppel---Estoppel arises where the party aware of his rights sees other parties acting upon the mistaken notion of his rights---Injur…
2022 CLC 873 PESHAWAR-HIGH-COURT
IMAM SHAH VS BANAT SHAH S.11---Res judicata, principle of---Institution of suit on the basis of same cause of action which has earlier been alleged and decided by the Court to its logical conclusion and trial of suit filed later on would be…
2022 CLC 873 PESHAWAR-HIGH-COURT
IMAM SHAH VS BANAT SHAH S.10 & O.VII, R. 11 & O.XLI, R.22---Qanun-e-Shahadat (10 of 1984), Art. 114---Suit for declaration was filed by petitioners alleging that they were the legal heirs of ("A") who was successor of ("B") on strength of m…
2022 CLC 873 PESHAWAR-HIGH-COURT
IMAM SHAH VS BANAT SHAH O.VII, R. 11---Plaint, rejection of---Court is not only empowered but under obligation to reject the plaint, even without any application from a party, if the same is hit by any of the clauses mentioned under R.1l of…
2022 CLC 873 PESHAWAR-HIGH-COURT
IMAM SHAH VS BANAT SHAH O.XLI, R.22---appeal, non-filing of---Judgment/order, finality of---Principle---Judgment/order passed by the Court of competent jurisdiction, if not assailed in the higher forum shall attain finality. Head Notes
2022 CLC 928 PESHAWAR-HIGH-COURT
SHAHZADA SHAHPUR JAN VS PROVINCE OF KHYBER PAKHTUNKHWA through Chief Secretary Government of Khyber Pakhtunkhwa Peshawar Ss.42, 66, 73, 117 & 123---Constitution of Pakistan, Art.199---Constitutional petition---Maintainability---Public Limit…
2022 CLC 928 PESHAWAR-HIGH-COURT
SHAHZADA SHAHPUR JAN VS PROVINCE OF KHYBER PAKHTUNKHWA through Chief Secretary Government of Khyber Pakhtunkhwa Peshawar Fiscal statutes---Fee---Meaning---Fee is a consideration for services provided by government or its agencies or company…
2022 CLC 928 PESHAWAR-HIGH-COURT
SHAHZADA SHAHPUR JAN VS PROVINCE OF KHYBER PAKHTUNKHWA through Chief Secretary Government of Khyber Pakhtunkhwa Peshawar Ss. 2(l), 42, 66, 73, 113, 123, 115-a [as inserted by Khyber Pakhtunkhwa Local Government (amendment) act (XXV of 2019)…
2022 CLC 959 PESHAWAR-HIGH-COURT
BAHADAR HILAL VS SHAUKAT HAYAT S.47 & O. XLV, R. 15---Constitution of Pakistan, Arts.5, 187 & 190---Procedure to enforce orders of Supreme Court---Issue and execution of processes of Supreme Court---Loyalty to State and obedience to Constit…
2022 CLC 1118 PESHAWAR-HIGH-COURT
GOVERNMENT OF KHYBER PAKHTUNKHWA VS RESIDENT OF VILLAGE MATKANI S.18---Reference to Court---Non-availability of revenue record---Report of Local Commission---Scope---Acquiring Agency assailed enhancement of compensation by the Referee Court…
2022 CLC 1193 PESHAWAR-HIGH-COURT
MUHAMMAD RIZWAN VS Syed TAHIR ABBAS SHAH S.13---Specific Relief act (I of 1877), S.12---Qanun-e-Shahadat (10 of 1984), art.115---Eviction of tenant---Estoppel of tenant in possession---Deposit of rent in Court---Suit for specific performanc…
2022 PLD 237 PESHAWAR-HIGH-COURT
KARIM BAKHSH VS ZAHIR SHAH, SUBEDAR MALAKAND LEVIES Ss. 3, 8 & 8-a---Prevention of illegal possession of property---Delivery of possession of property to owner---appeal---Expression "any order made"---Interpreted. Head Notes
2022 PLD 237 PESHAWAR-HIGH-COURT
KARIM BAKHSH VS ZAHIR SHAH, SUBEDAR MALAKAND LEVIES "any"---Connotation. Head Notes
2022 CLC 1245 PESHAWAR-HIGH-COURT
AMAN ULLAH VS TUFAIL AHMAD S.13---Demand of pre-emption---Tab-i-Ishhad---Production of postman---Scope---Only duty of the pre-emptor is to dispatch the notice under cover of registered AD (acknowledgement due) with a proper address of the v…
2022 CLC 1245 PESHAWAR-HIGH-COURT
AMAN ULLAH VS TUFAIL AHMAD S.115---Revision---Scope---Where an illegality is pointed out then in such circumstances, the High Court can exercise jurisdiction provided under S. 115, C.P.C., and has the power to undo the legality. Head Notes
2022 CLC 1245 PESHAWAR-HIGH-COURT
AMAN ULLAH VS TUFAIL AHMAD S.13---Demand of pre-emption---Talb-i-Muwathibat---Scope---Talb-i-Muwathibat is a jumping demand having its root in the right of pre-emptor but without any delay upon getting the knowledge of sale in question---Su…
2022 CLC 1245 PESHAWAR-HIGH-COURT
AMAN ULLAH VS TUFAIL AHMAD S.13---Demand of pre-emption---Suit against minor without next friend---Scope---Where sale document did not reflect the minority or majority of vendee, High Court observed that pre-emptor was not legally required…
2022 CLC 1245 PESHAWAR-HIGH-COURT
AMAN ULLAH VS TUFAIL AHMAD Ss.13 & 6---Demand of pre-emption---Persons in whom the right of pre-emption vests---Superior right---Scope---Petitioner filed a suit for recovery of possession through pre-emption---Trial Court as well as Appella…
2022 PLC 15 PESHAWAR-HIGH-COURT
KHALID VS PAKISTAN TOBACCO COMPANY AKORA KHATTAK, DISTRICT OWSHERA, KHYBER PAKHTUNKHWA S.2(i)---"Salesman", status of---Scope---Work of salesman was in a wholly different category from manual work or clerical work---Salesman did not fall wi…
2022 PLC 15 PESHAWAR-HIGH-COURT
KHALID VS PAKISTAN TOBACCO COMPANY AKORA KHATTAK, DISTRICT OWSHERA, KHYBER PAKHTUNKHWA S.2(xxxiii)---Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968), S.2(i)---Termination without conducting proper inquiry---"Wo…
2022 CLC 1298 PESHAWAR-HIGH-COURT
PFIZER PAKISTAN LIMITED VS PHARMA PLUS INTERNATIONAL O.XXXIX, R.2-B---Interim injunction, expiry of---Scope---Rule 2-B of O.XXXIX, C.P.Cs. provides that the statutory life of the order passed after hearing both the parties is six months and…
2022 CLC 1392 PESHAWAR-HIGH-COURT
ASSISTANT DIRECTOR MINES AND MINERAL DEPARTMENT, SWABI VS FAZAL SADIQ O.VII, R.11---Specific Relief act (I of 1877), Ss.42 & 54---Constitution of Pakistan, art. 199---Rejection of plaint---Principle---Concurrent findings of facts by two Cou…
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