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 1507 PESHAWAR-HIGH-COURT
WAJID ALI SHAH VS ELECTION COMMISSION OF PAKISTAN through Secretary, Islamabad Practice and procedure---When a thing is required to be done in a particular manner it must be done in that manner and not otherwise. Head Notes
2022 CLC 1507 PESHAWAR-HIGH-COURT
WAJID ALI SHAH VS ELECTION COMMISSION OF PAKISTAN through Secretary, Islamabad Rr.2(P), 9, 62 & 66---Constitution of Pakistan, Art. 199---Constitutional petition---Qualification of candidate---Determination---Petitioner contested election f…
2022 CLC 1545 PESHAWAR-HIGH-COURT
AYAZ MUHAMMAD VS Mst. NARGIS S.42---Qanun-e-Shahadat (10 of 1984), Arts.17, 79, 117 & 118---Inheritance---Gift mutation against Legal/Shara'i shares---Suit for declaration filed by the respondents being legal heirs (widow and children) of t…
2022 CLC 1545 PESHAWAR-HIGH-COURT
AYAZ MUHAMMAD VS Mst. NARGIS S.42---Mutation, evidentiary value of---Scope---Mutation by itself is neither a document of title nor the same creates any right of ownership in favour of the transferee/beneficiary. Head Notes
2022 CLC 1545 PESHAWAR-HIGH-COURT
AYAZ MUHAMMAD VS Mst. NARGIS S.115---Concurrent decision---Revisionary jurisdiction---Scope---Court in revisional jurisdiction can only interfere in the concurrent findings recorded by the two Courts below if the same suffer from any misrea…
2022 CLC 1545 PESHAWAR-HIGH-COURT
AYAZ MUHAMMAD VS Mst. NARGIS Inheritance---Mutation against Shariah---Scope---If any mutation is entered in violation of Shariah law, then it will be of no legal effect and the beneficiary of such mutation will not be entitled for any benef…
2022 CLC 1545 PESHAWAR-HIGH-COURT
AYAZ MUHAMMAD VS Mst. NARGIS Registered gift-deed---Proof---Registered gift deed, the incident of gift in terms of date, day and time has to be established by the donee through independent, cogent, confidence inspiring, coherent and trustwo…
2022 CLC 1605 PESHAWAR-HIGH-COURT
MOAMBAR VS GOVERNMENT OF KHYBER PAKHTUNKHWA Ss.5(1),17, 20, 24, 29, 32 & 92---Specific Relief act (I of 1877), S.42---Declaration of title---Protected forest---Powers of Board---Scope---Petitioners / plaintiffs claimed to be owners of land…
2022 CLC 1605 PESHAWAR-HIGH-COURT
MOAMBAR VS GOVERNMENT OF KHYBER PAKHTUNKHWA S.9---Jurisdiction of Civil Court, ouster of---Principle---Established jurisdiction vested in Civil Court cannot be deemed to have been taken away merely by a far-fetched implication contained in…
2022 CLC 1605 PESHAWAR-HIGH-COURT
MOAMBAR VS GOVERNMENT OF KHYBER PAKHTUNKHWA S.92---Civil Court, bar of jurisdiction---Scope---When a person brings plaint before Civil Court claiming therein that he had been owner and in possession of some property, which had not been part…
2022 CLC 1690 PESHAWAR-HIGH-COURT
SULTAN YOUSAF VS MUHAMMAD SHERIN O.VI, R.17---Pleadings, amendment of---Stage---Court is empowered to allow parties to amend their pleadings under O.VI, R.17, C.P.C., at any stage of proceedings. Head Notes
2022 CLC 1690 PESHAWAR-HIGH-COURT
SULTAN YOUSAF VS MUHAMMAD SHERIN Ss.42 & 54---Transfer of Property Act (IV of 1882), S.53-A---Registration Act (XVI of 1908), Ss.17, 49 & 50---Civil Procedure Code (V of 1908), O.VII, R.11---Rejection of plaint---Principle---Part performanc…
2022 CLC 1740 PESHAWAR-HIGH-COURT
MUHAMMAD AYUB VS SALIM Ss.17 & 49---Transfer of Property Act (IV of 1882), S.54---Sale deed, non-registration of---Effect---Sale-deed in terms of S.17 of Registration Act, 1908 is required to be attested by two witnesses but is also require…
2022 CLC 1740 PESHAWAR-HIGH-COURT
MUHAMMAD AYUB VS SALIM S.115---Revisional jurisdiction of High Court---Scope---While exercising revisional jurisdiction, High Court has ample power to correct judgments of subordinate courts, wherein unreasonable view was in disregard of es…
2022 CLC 1740 PESHAWAR-HIGH-COURT
MUHAMMAD AYUB VS SALIM S.53-a---Part performance of agreement---Transfer of possession---Scope---In terms of S.53-a of Transfer of Property act, 1882 transfer of land through unregistered deed clothes transferee to protect his possession su…
2022 CLC 1740 PESHAWAR-HIGH-COURT
MUHAMMAD AYUB VS SALIM Ss.42 & 45---Qanun-e-Shahadat (10 of 1984), Art.79---Civil Procedure Code (V of 1908), S. 115 & O.VII, R.7---Limitation Act (IX of 1908), Art. 113---Specific Relief Act (I of 1877), Ss. 12, 42 & 54---Suit for declarat…
2022 CLC 1821 PESHAWAR-HIGH-COURT
UMAR KHITAB VS Mst. SANA SHAH Ss.2(v) & 2(ix)(c)---Constitution of Pakistan, Preamble & Arts. 2A, 4 & 25---Impotency, medical examination---Procedure and proof---Suit for dissolution of marriage on ground of impotency, non-payment of mainte…
2022 CLC 1879 PESHAWAR-HIGH-COURT
KHANIMULLAH VS GOVERNMENT OF KHYBER PAKHTUNKHWA Jurisdiction cannot be conferred upon court or any other authority at whims and wishes of parties, when specifically provided by relevant law. Head Notes
2022 CLC 1879 PESHAWAR-HIGH-COURT
KHANIMULLAH VS GOVERNMENT OF KHYBER PAKHTUNKHWA Para. 2(a)---Settlement of Immovable Property Disputes (Dir and Swat) Regulations, 1972 (Martial Law Regulations No. 123 dated 12-04-1972), Paras. 3(1)(a)(b)(c) & 5-A---Civil Procedure Code (V…
2022 PLD 248 PESHAWAR-HIGH-COURT
PESHAWAR HIGH COURT BAR VS State Ss. 155(2) & 156(1)---Penal Code (XLV of 1860), S. 220---'Cognizable' and 'non-cognizable' offences---Distinction---Powers of police to investigate and arrest without warrant---Scope---For "cognizable" offen…
2022 PLD 248 PESHAWAR-HIGH-COURT
PESHAWAR HIGH COURT BAR VS State Ss. 154 & 155---Constitution of Pakistan, Art. 199---Quashing of FIR in constitutional jurisdiction of High Court---Non-cognizable offences---First Information Report (FIR) can be quashed if from the bare re…
2022 PLD 248 PESHAWAR-HIGH-COURT
PESHAWAR HIGH COURT BAR VS State Ss. 154 & 155---Penal Code (XLV of 1860), Ss. 506, 189, 427, 148 & 149---Constitution of Pakistan, Art. 199---Quashing of FIR in constitutional jurisdiction of High Court---Non-cognizable offences---In the p…
2022 CLC 1896 PESHAWAR-HIGH-COURT
Mst. ALIYA KHISRO VS GOVERNMENT OF KHYBER PAKHTUNKHWA through Secretary Relief, Rehabilitation and Settlement Department at Secretariat,Peshawar arts. 24 & 199---Constitutional petition---Property rights---Finality of judgment---Petitioner…
2022 CLC 1980 PESHAWAR-HIGH-COURT
GENERAL MANAGER NATIONAL HIGHWAY AUTHORITY VS NORANG KHAN S.23---Matters to be considered in determining compensation---Scope---Potentiality of land cannot be determined without examining its future prospects and therefore, compensation can…
2022 CLC 1980 PESHAWAR-HIGH-COURT
GENERAL MANAGER NATIONAL HIGHWAY AUTHORITY VS NORANG KHAN Ss.18 & 23---Enhancement of compensation---Scope---Acquiring agency assailed order passed by Referee Court whereby compensation of land was enhanced---Validity---Land of respondents…
2022 CLC 1980 PESHAWAR-HIGH-COURT
GENERAL MANAGER NATIONAL HIGHWAY AUTHORITY VS NORANG KHAN S.54---Civil Procedure Code (V of 1908), S. 96---appeal---Scope---appeal is a continuation of the original proceedings and the appellate Court has ample power to scrutinize the docum…
2022 CLC 1980 PESHAWAR-HIGH-COURT
GENERAL MANAGER NATIONAL HIGHWAY AUTHORITY VS NORANG KHAN S.23---Matters to be considered in determining compensation---Scope---In determining the rate of compensation, contemporaneous transactions of the same, adjoining or adjacent as well…
2022 CLC 1980 PESHAWAR-HIGH-COURT
GENERAL MANAGER NATIONAL HIGHWAY AUTHORITY VS NORANG KHAN Ss. 18 & 54---Reference to court---Scope---Non-appealing affected land owners are also entitled to the same treatment which had been offered by the Court to similarly placed appealin…
2022 CLC 2013 PESHAWAR-HIGH-COURT
MUJEEB-UR-REHMAN VS MALAK SADIQ AHMAD S.24---Deposit of Zar-e-Soim---Scope---Purpose behind the first proviso of S.24(1) of the Pre-emption Act, 1987 was: firstly, to protect the vendee from frivolous litigation; and secondly, to ascertain…
2022 CLC 2013 PESHAWAR-HIGH-COURT
MUJEEB-UR-REHMAN VS MALAK SADIQ AHMAD S.24---Civil Procedure Code (V of 1908), O.IV, R.1---Limitation Act (IX of 1908), S. 3---Phrase "shall not extend beyond thirty days of the filing of the suit"---Explanation of the proviso---Word "beyon…
2022 CLC 2013 PESHAWAR-HIGH-COURT
MUJEEB-UR-REHMAN VS MALAK SADIQ AHMAD S.24---Zar-e-Soim, deposit of---Thirty days limitation---Suit for possession through enforcement of the right of pre-emption as against a sale transaction filed by petitioner---Court directed the petiti…
2022 CLC 2106 PESHAWAR-HIGH-COURT
RAHAMDAL KHAN VS IHSAN ULLAH S.25---Possession through pre-emption--- Balance sale consideration, deposit of--- Suit filed by petitioner / plaintiff was decreed in his favour by Trial Court--- Lower Appellate Court set aside judgment and de…
2022 CLC 2136 PESHAWAR-HIGH-COURT
IMDADULLAH VS Mst. ZAHIDA S.41---Qanun-e-Shahadat (10 of 1984), Art. 114---Limitation Act (IX of 1908), S.3---Inheritance---Suit for declaration/permanent injunction---Estoppel, principle of---Applicability---Plaintiffs claimed that defenda…
2022 PLD 251 PESHAWAR-HIGH-COURT
SANA ULLAH VS State Ss. 4 & 5---Superintendence and administration of the Agency---Powers of the members of the Agency---Territorial jurisdiction---Scope---Accused sought post arrest transit bail in an FIR---Contention of accused was that h…
2022 MLD 21 PESHAWAR-HIGH-COURT
MOHAMMAD YAHYA VS GOVERNMENT OF KHYBER PAKHTUNKHWA R.3---Protected forest---Factual controversy---Petitioners claimed to be owners of land in question and were aggrieved of restriction imposed by authorities from cutting trees---Validity---…
2022 MLD 46 PESHAWAR-HIGH-COURT
SHAH HUSSAIN VS DIN MUHAMMAD art.79---Registered deed---Proof---Mere Registration of a deed was not sufficient to prove its execution, authenticity and genuineness---Same needed to be proved through strong and convincing evidence. Head Note…
2022 MLD 46 PESHAWAR-HIGH-COURT
SHAH HUSSAIN VS DIN MUHAMMAD arts.79, 117 & 118---Registered deed---Burden of proof---Respondent's suit for declaration and cancellation of the registered deed was decreed by trial Court---Petitioner's suit for declaration in respect of the…
2022 MLD 63 PESHAWAR-HIGH-COURT
AHSAN AHMED VS State Ss.302(b), 324, 337-a(i) & 337-a(ii)---Qatl-i-amd, attempt to commit qatl-i-amd, shajjah-i-khafifah, shajjah-i-mudihah---appreciation of evidence---Recovery of weapon of offence from the possession of accused---Scope---…
2022 MLD 63 PESHAWAR-HIGH-COURT
AHSAN AHMED VS State Ss.302(b), 324, 337-a(i) & 337-a(ii)---Qatl-i-amd, attempt to commit qatl-i-amd, shajjah-i-khafifah, shajjah-i-mudihah---appreciation of evidence---Ocular account---Scope---accused was charged for committing murder of t…
2022 MLD 63 PESHAWAR-HIGH-COURT
AHSAN AHMED VS State Ss. 302(b), 324, 337-a(i) & 337-a(ii)---Criminal Procedure Code (V of 1898), S. 164---Qatl-i-amd, attempt to commit qatl-i-amd, shajjah-i-khafifah, shajjah-i-mudihah---appreciation of evidence---Confessional statement o…
2022 MLD 85 PESHAWAR-HIGH-COURT
NISAR AHMAD VS MUHAMMAD ANWAR Ss.42 & 54---Suit for declaration and injunction---Gift---Marzul Mout---Proof---Respondents/plaintiffs assailed registered gift deed and mutation on the plea that their predecessor-in-interest was suffering fro…
2022 MLD 85 PESHAWAR-HIGH-COURT
NISAR AHMAD VS MUHAMMAD ANWAR Gift---Preferential gift---Scope---Preferential gift under Islamic Law is not void and it is within the competency of father to give preference to one heir or some heirs over the others. Head Notes
2022 MLD 218 PESHAWAR-HIGH-COURT
MOHAMMAD SHAFIQ VS State Benefit of doubt---Principle---Conviction must be founded on unimpeachable evidence and certainty of guilt---Any doubt arising in the prosecution case must be resolved in favour of the accused. Head Notes
2022 MLD 218 PESHAWAR-HIGH-COURT
MOHAMMAD SHAFIQ VS State S.302(b)---Qatl-i-amd---Appreciation of evidence---Unseen occurrence---Scope---Accused was charged for committing murder of his wife and her sister by firing---Naib Tehsildar while recording accused's statement as w…
2022 MLD 218 PESHAWAR-HIGH-COURT
MOHAMMAD SHAFIQ VS State S.302(b)---Criminal Procedure Code (V of 1898), S. 164---Qatl-i-amd---Appreciation of evidence---Confessional statement of accused---Scope---Accused was charged for committing murder of his wife and her sister by fi…
2022 MLD 259 PESHAWAR-HIGH-COURT
JUNAID KHAN BABAR VS Mst. FARHAD BEGUM O.I, Rr.1 & 10---Conflicting/hostile parties, transposition of---Inheritance---Plaintiffs claimed that defendants were not the wives of their predecessor/deceased---Three plaintiffs supported the claim…
2022 MLD 259 PESHAWAR-HIGH-COURT
JUNAID KHAN BABAR VS Mst. FARHAD BEGUM O.I, Rr. 1 & 10---Conflicting/hostile parties, transposition of---Principle---Generally, parties could not be transposed from a panel to another panel without their counsel---Plaintiffs could, however,…
2022 MLD 282 PESHAWAR-HIGH-COURT
AMIR ZEB KHAN VS State Ss.302, 324, 337-a(iv), 337-F(ii), 427 & 34---Qanun-e-Shahadat (10 of 1984), art. 47---Qatl-i-amd, attempt to commit qatl-i-amd, shajjah-i-munaqqliah, badiah, mischief causing damage to the amount of fifty rupees or u…
2022 MLD 303 PESHAWAR-HIGH-COURT
Haji MIRZA KARIM VS RESIDENTS OF DENIN LASHT through Wali Muhammad Ss. 96 & 114---Review of judgment---appeal, withdrawal of---Effect---Petitioners (all the residents of relevant area) were aggrieved of dismissal of appeals which were filed…
2022 MLD 317 PESHAWAR-HIGH-COURT
AHSAN ULLAH KHAN VS CHAIRMAN, NATIONAL ACCOUNTABILITY BUREAU Ss. 31-a & 32---absconding to avoid service of warrants---Conviction in absentia---accused was convicted and sentenced to three years' imprisonment in his absence---Validity---Hel…
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