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 537 QUETTA-HIGH-COURT-BALOCHISTAN
ASAD JAVED VS AHMED SHAH O.XXXVII, R.2---Negotiable Instruments Act (XXVI of 1881), S.118---Cheque dishonoured---Plaintiff filed suit for recovery of amount of Rs.20,80,820/- allegedly paid to Defendant for starting business---Plaintiff con…
2022 CLC 537 QUETTA-HIGH-COURT-BALOCHISTAN
ASAD JAVED VS AHMED SHAH S.118---Cheque---Execution of---Presumption---Scope---Cheque, in law, had been given the status of negotiable instrument, which, however, could not be engineered/fabricated as other document(s), declared/qualified a…
2022 CLC 550 QUETTA-HIGH-COURT-BALOCHISTAN
AGHA CONSTRUCTION COMPANY VS GOVERNMENT OF BALOCHISTAN S.2---Balochistan Mineral Rules, 2002, R.104A---Royalty Collection Contract on Major Mineral for covering Mining Field areas---First highest bidder could not comply with the terms and c…
2022 CLC 550 QUETTA-HIGH-COURT-BALOCHISTAN
AGHA CONSTRUCTION COMPANY VS GOVERNMENT OF BALOCHISTAN S.2---Balochistan Mineral Rules, 2002, R.104A---Administrative Law---Royalty to be on daily basis---Incidental intervening period occurred between two auctions------Colourful exercise o…
2022 CLC 574 QUETTA-HIGH-COURT-BALOCHISTAN
SHAKARULLAH VS BIBI SHAKEELA S.17---Civil Procedure Code (V of 1908), Preamble---Qanun-e-Shahadat (10 of 1984 ), Preamble---Family Court Act, 1964---Object---Provisions of Civil Procedure Code, 1908 and Qanun-e-Shahadat, 1984---Applicabilit…
2022 CLC 722 QUETTA-HIGH-COURT-BALOCHISTAN
MAI MITHAN VS BANDA-E-ALI O.VII, R.11---Rejection of plaint---Nature and Scope---Order VII, R.11 of Civil Procedure Code, 1908, laid down an independent remedy for defendant to challenge maintainability of suit instead of contesting the sam…
2022 CLC 722 QUETTA-HIGH-COURT-BALOCHISTAN
MAI MITHAN VS BANDA-E-ALI O.VII, R.11---Rejection of plaint---Plaint, exclusiveness of---Scope---For O.VII, R.11 of Civil Procedure Code, it was plaint alone which was to be considered. Head NotesCase Description
2022 CLC 722 QUETTA-HIGH-COURT-BALOCHISTAN
MAI MITHAN VS BANDA-E-ALI O.VII, R.11---Rejection of plaint---Cause of action, existence of---Duty of Court---Scope---Order VII, R.11 of Civil Procedure Code, 1908 casts duty on court to perform its obligation if a plaint was hit by any cla…
2022 CLC 722 QUETTA-HIGH-COURT-BALOCHISTAN
MAI MITHAN VS BANDA-E-ALI O.VII, R.11---Rejection of plaint---Mutation, knowledge of---Not challenged in life time---Suit barred by time---Scope---Petitioner's suit for declaration, cancellation of revenue entries and permanent injunction w…
2022 CLC 722 QUETTA-HIGH-COURT-BALOCHISTAN
MAI MITHAN VS BANDA-E-ALI O.VII, R.11---Rejection of plaint---Cause of action and limitation---Stage to decide---Court could exercise power at any stage of suit before passing of judgment for deciding application under O.VII, R.11 of C.P.C.…
2022 CLC 722 QUETTA-HIGH-COURT-BALOCHISTAN
MAI MITHAN VS BANDA-E-ALI O.VII, R. 11---Rejection of plaint---Object---Object of O.VII, R.11 of Civil Procedure Code was primarily to save the parties from the rigorous or frivolous litigation at the very inception of the proceedings. Head…
2022 CLC 755 QUETTA-HIGH-COURT-BALOCHISTAN
YAR MUHAMMAD VS Moulvi ABDUL FATAH art.91---Documents admitted without objection---Presumption---Once a document produced as evidence and admitted in evidence without any objection, it amounted the same had been duly proved. Head NotesCase…
2022 CLC 755 QUETTA-HIGH-COURT-BALOCHISTAN
YAR MUHAMMAD VS Moulvi ABDUL FATAH Ss.372 &378---Qanun-e-Shahadat (10 of 1984), Art. 49, 70, 91 & 92---Succession---Appellants/applicants applied for grant of succession certificate and Letter of administration---Appellants contended that t…
2022 CLC 755 QUETTA-HIGH-COURT-BALOCHISTAN
YAR MUHAMMAD VS Moulvi ABDUL FATAH arts.49 & 92---Succession---Entries in public record---Scope---Presumption of correctness attached to the entries of educational testimony by the Educational Institutions, NaDRa and other official document…
2022 CLC 755 QUETTA-HIGH-COURT-BALOCHISTAN
YAR MUHAMMAD VS Moulvi ABDUL FATAH arts.70 & 72---Succession---Documentary evidence would prevail over oral evidence---Oral evidence could not exclude documentary evidence---Document could be rebutted by document only. Head NotesCase Descri…
2022 CLC 755 QUETTA-HIGH-COURT-BALOCHISTAN
YAR MUHAMMAD VS Moulvi ABDUL FATAH S.373---Succession---Jurisdiction of Civil Court---Procedure under S.373 of Succession act, 1925 was summary in nature, it could not conclude the right of the parties---If a party desired for determination…
2022 CLC 781 QUETTA-HIGH-COURT-BALOCHISTAN
ABDUL GHANI KHETRAN VS GOVERNMENT OF BALOCHISTAN through Secretary Irrigation Department R.12(1)(b)(c)---Constitution of Pakistan, Art. 199---Packaging / Merging of construction contracts--- Petitioner was a pre-qualified contractor and agg…
2022 CLC 830 QUETTA-HIGH-COURT-BALOCHISTAN
MUHAMMAD NASEEM JAVED VS ANJUMAN-E-ASNA ASHRIA S.92---Specific Relief act (I of 1877), Ss.42, 39 & 54---Waqf Property---Suit for declaration, cancellation documents and permanent injunction---Failure to obtain permission from advocate Gener…
2022 CLC 830 QUETTA-HIGH-COURT-BALOCHISTAN
MUHAMMAD NASEEM JAVED VS ANJUMAN-E-ASNA ASHRIA S.92---Public charities---Scope---Suit under S.92, C.P.C., is of special nature which pre-supposes the existence of a public trust of a religious or charitable character---Object of S.92, C.P.C…
2022 CLC 830 QUETTA-HIGH-COURT-BALOCHISTAN
MUHAMMAD NASEEM JAVED VS ANJUMAN-E-ASNA ASHRIA S.92---Public charities---Waqf property---Scope---Question, whether permission from Advocate General under S.92, C.P.C., is required, can only be determined once it is established that the prop…
2022 CLC 830 QUETTA-HIGH-COURT-BALOCHISTAN
MUHAMMAD NASEEM JAVED VS ANJUMAN-E-ASNA ASHRIA S.115---Revision---Scope---High Court while exercising revisional jurisdiction is supposed to make a comparative analysis of both the judgments in order to determine their validity on the touch…
2022 CLC 965 QUETTA-HIGH-COURT-BALOCHISTAN
MUHAMMAD AJMAL VS PROVINCE OF BALOCHISTAN through Secretary Irrigation S.114 & O.XLVII, R.1---Review of High Court judgment passed in Constitutional jurisdiction---Validity---Applicants prayed for review of the judgment to the extent of cul…
2022 CLC 965 QUETTA-HIGH-COURT-BALOCHISTAN
MUHAMMAD AJMAL VS PROVINCE OF BALOCHISTAN through Secretary Irrigation S.114 & O.XLVII, R.1---Review---Jurisdiction---Scope---Courts while reviewing judgment/order could not sit as a Court of appeal as the grounds for appeal and review were…
2022 CLC 1048 QUETTA-HIGH-COURT-BALOCHISTAN
ABDUL RAZIQ VS MUHAMMAD RAFIQ S.153---Pre-emption---Talb-i-Muwathibat---Date, time and place, mentioning of---Application of petitioner/pre-emptor was allowed by Trial Court for correction of mistake---Petitioner prayed that in plaint he ha…
2022 CLC 1048 QUETTA-HIGH-COURT-BALOCHISTAN
ABDUL RAZIQ VS MUHAMMAD RAFIQ S.115---Revisional jurisdiction---Term "case decided"---Scope---Expression "case decided" was not confined to an entire suit, but included an issue/part of a suit/proceedings where an interlocutory order, which…
2022 CLC 1282 QUETTA-HIGH-COURT-BALOCHISTAN
SHARAF-UD-DIN VS ABDUL WADOOD O.XXIII, Rr. 1 & 2---Withdrawal of suit with permission to institute fresh suit---Privilege---"Sufficient grounds"---Scope---Plaintiff had absolute privilege/prerogative to withdraw his suit and /or abandon his…
2022 CLC 1282 QUETTA-HIGH-COURT-BALOCHISTAN
SHARAF-UD-DIN VS ABDUL WADOOD O.XXIII, Rr.1 & 2---"Formal defect" and "sufficient reason"---Scope---Suit for declaration and permanent injunction---Petitioner running a school had challenged construction of shops on the land adjacent to his…
2022 CLC 1354 QUETTA-HIGH-COURT-BALOCHISTAN
MUHAMMAD IMRAN VS MUHAMMAD AFZAL S.13---Personal/bona fide use---Statement of landlord on oath, if consistent with application for ejectment and not shaken in cross-examination nor disproved in rebuttal was sufficient to prove that requirem…
2022 CLC 1354 QUETTA-HIGH-COURT-BALOCHISTAN
MUHAMMAD IMRAN VS MUHAMMAD AFZAL Ss.13, 13a & 14---Personal bona fide need of landlord---Eviction application filed by appellant with averments that he was a lawful owner of commercial property (two shops with front-seat/platform); that res…
2022 CLC 1382 QUETTA-HIGH-COURT-BALOCHISTAN
BEVERGH KHAN VS SURAT KHAN Pre-emption, right of---Talab-i-Muwathibath---Scope---Plaint of the appellant (plaintiff) neither contained the date, time and place of performance of Talab-i-Muwathibath nor the appellant mentioned the same in hi…
2022 CLC 1382 QUETTA-HIGH-COURT-BALOCHISTAN
BEVERGH KHAN VS SURAT KHAN Pre-emption, right of---Scope---Co-sharer---In Balochistan Province, the right of pre-emption was governed by S.231 of Muhammadan Law wherein co-sharer, a participator in amenities and in appendages and owner of a…
2022 CLC 1382 QUETTA-HIGH-COURT-BALOCHISTAN
BEVERGH KHAN VS SURAT KHAN Pre-emption, right of---Talab-i-Muwathibath---Jumping demand---Scope---Appellant/pre-emptor stated that when he learnt about the sale, there after inquiry and investigation, he approached the vendees and in the pr…
2022 CLC 1382 QUETTA-HIGH-COURT-BALOCHISTAN
BEVERGH KHAN VS SURAT KHAN Pre-emption, right of ---adjacent suit-land---Contents of the plaint revealed that the appellant pre-emptor had simply stated that his property was situated adjacent to the land-in-dispute without giving any descr…
2022 CLC 1574 QUETTA-HIGH-COURT-BALOCHISTAN
STATE BANK OF PAKISTAN VS FEDERATION OF PAKISTAN S.49---Constitution of Pakistan, Art.165---Property tax, recovery of---Exemption---Respondent/Cantonment Board issued demand notice to the petitioner/State Bank for payment of property tax---…
2022 CLC 1601 QUETTA-HIGH-COURT-BALOCHISTAN
BAZ MUHAMMAD VS TAHIR MEHMOOD O.XLI, R. 31---appellate Court, duty of---Points for determination, framing of---Suit for declaration, recovery of damages and injunctions was decreed---appeal was dismissed by additional District Judge---Valid…
2022 CLC 1601 QUETTA-HIGH-COURT-BALOCHISTAN
BAZ MUHAMMAD VS TAHIR MEHMOOD O.XLI, R.31---appellate Court, duty of---Phrase "points for determination"---Scope---appellate Court was under obligation to state points for determination, decision thereon, reasons for the decision and whethe…
2022 PLC 49 QUETTA-HIGH-COURT-BALOCHISTAN
AZIZULLAH BHAYO VS CHIEF EXECUTIVE OFFICER, QESCO, QUETTA S.41---Redressal of grievances---Limitation---Scope---Petitioner assailed the dismissal of his grievance petition as well as his appeal---Validity---Petitioner had assailed the order…
2022 PLC 49 QUETTA-HIGH-COURT-BALOCHISTAN
AZIZULLAH BHAYO VS CHIEF EXECUTIVE OFFICER, QESCO, QUETTA S.3---Dismissal of suit, etc., instituted after period of limitation---Scope---Section 3 of Limitation Act, 1908, is mandatory in nature according to which the suit filed beyond limi…
2022 PLC 49 QUETTA-HIGH-COURT-BALOCHISTAN
AZIZULLAH BHAYO VS CHIEF EXECUTIVE OFFICER, QESCO, QUETTA Ss.3 & 5---Dismissal of suit, etc., instituted after period of limitation---Extension of period in certain cases---Condonation of delay---Scope---Where suit/appeal has been filed wit…
2022 PLC 49 QUETTA-HIGH-COURT-BALOCHISTAN
AZIZULLAH BHAYO VS CHIEF EXECUTIVE OFFICER, QESCO, QUETTA S.5---Condonation of delay---Scope---Approaching wrong forum does not absolve the petitioner to explain the delay---Wrong advice or approaching wrong forum is not sufficient ground f…
2022 CLC 1646 QUETTA-HIGH-COURT-BALOCHISTAN
PIR MUHAMMAD VS MEHMOOD KHAN O.I, R.10---Concurrent findings---appellate Court dismissed application for joinder---Party invoked revisional jurisdiction---Held, merely on ground that party had interest in the suit property by itself was no…
2022 CLC 1646 QUETTA-HIGH-COURT-BALOCHISTAN
PIR MUHAMMAD VS MEHMOOD KHAN Ss.54 & 123---Qanun-e-Shahadat (10 of 1984), Arts. 117 & 118---Suit property was mutated in the name of father of plaintiffs---Defendants contended that the suit property was purchased property which was purchas…
2022 CLC 1646 QUETTA-HIGH-COURT-BALOCHISTAN
PIR MUHAMMAD VS MEHMOOD KHAN 115---Revisional power of High Court---Scope---Such power was limited and court was not permitted to dilate upon merit or reopen the case---High Court in revisional jurisdiction would only confine itself to the…
2022 CLC 1646 QUETTA-HIGH-COURT-BALOCHISTAN
PIR MUHAMMAD VS MEHMOOD KHAN When basic order was illegal and without lawful authority then whole superstructure built on it would fall on the ground automatically. Head NotesCase Description
2022 CLC 1646 QUETTA-HIGH-COURT-BALOCHISTAN
PIR MUHAMMAD VS MEHMOOD KHAN O.XXII, Rr. 3 & 4---Limitation Act (IX of 1908), Art. 177---Where no application for impleading the legal representatives of deceased defendant within the prescribed time limit, the Court would proceed with the…
2022 CLC 1713 QUETTA-HIGH-COURT-BALOCHISTAN
ABDUL GHAFOOR VS MUHAMMAD MURAD art.117---Inheritance, claiming land on ground of---Mutation in name of defendants---adverse inference---Held, that party seeking relief from Court would have to discharge his burden by proving his case on it…
2022 CLC 1713 QUETTA-HIGH-COURT-BALOCHISTAN
ABDUL GHAFOOR VS MUHAMMAD MURAD Ss.42 & 52---Mutation, raising objection at time of attestation---Proof---Inheritance from grandfather after death of father---Petitioners'/plaintiffs' contention that their inherited properties were fraudule…
2022 CLC 1713 QUETTA-HIGH-COURT-BALOCHISTAN
ABDUL GHAFOOR VS MUHAMMAD MURAD art.115---Revision---Jurisdiction of High Court---Finding of facts---Scope---Reappraisal of evidence was not the function of High Court---Mere fact that such court might have taken different view was no groun…
2022 CLC 1713 QUETTA-HIGH-COURT-BALOCHISTAN
ABDUL GHAFOOR VS MUHAMMAD MURAD S.42---Qanun-e-Shahadat (10 of 1984), Arts. 70 & 72---Document of entries could not be disregarded---Mere bald verbal statement of the kind hardly cut ice---Documentary evidence could not be rebutted by oral…
2022 CLC 1764 QUETTA-HIGH-COURT-BALOCHISTAN
GHULAM SARWAR VS MUHAMMAD NASEEM Ss.42 & 52---Qanun-e-Shahadat (10 of 1984), Arts.70 & 72---Mutation, value of---Claim on basis of possession---Documentary evidence, preference of---Petitioners/plaintiffs contended that they were owners in…
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