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.
Browse by branch of law
Reported judgments28,856 records
2022 CLC 1764 QUETTA-HIGH-COURT-BALOCHISTAN
GHULAM SARWAR VS MUHAMMAD NASEEM adverse possession---Repugnancy---Possession howsoever adverse was, would not confer any ownership title to the possessee of the property---Claim on the basis of adverse possession was declared against injun…
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---Documentary evidence, preference of---In presence of mutation entries in favour of one party, oral evidence produced by the opponent had…
2022 CLC 1778 QUETTA-HIGH-COURT-BALOCHISTAN
DANAE INTERNATIONAL CORPORATION VS M.V. CAMEL (EX-CAMELOT) S.2---agreement for sale---Pre-conditions---Contract is an agreement having a lawful object, entered into voluntarily by two or more parties each of whom intends to create one or mo…
2022 CLC 1778 QUETTA-HIGH-COURT-BALOCHISTAN
DANAE INTERNATIONAL CORPORATION VS M.V. CAMEL (EX-CAMELOT) S.3(1) &(2)---Civil Procedure Code (V of 1908), O.VII, R.11---Suit for recovery of damages---Rejection of plaint---Action in rem---Scope---Plaintiff sought recovery of damages for v…
2022 CLC 1917 QUETTA-HIGH-COURT-BALOCHISTAN
AKHTAR MUHAMMAD VS SHABANA Ss.372 & 373---Balochistan Government Employees Benevolent Fund Act (XV of 2018), S.2 (d) (ii)---Balochistan Civil Servants Pension Rules, 1989, R. 4.7---Succession---Tarka---Grant, entitlement of---Dependent on d…
2022 CLC 1966 QUETTA-HIGH-COURT-BALOCHISTAN
CHANGAZ KHAN VS MIAN KHAN O.XVII, Rr.2 & 3---For proceeding according to the R.3 of O.XVII, Civil Procedure Code, 1908, there must be one of the given elements: (i) the adjournment must have been on the instance of party; (ii) there must be…
2022 CLC 1966 QUETTA-HIGH-COURT-BALOCHISTAN
CHANGAZ KHAN VS MIAN KHAN O.XVII, Rr.2 & 3---Pre-requisites for application of---For application of R.3 of O.XVII, Civil Procedure Code certain conditions must co-exist, viz.: (i) adjournment must have been granted to the party at his reque…
2022 CLC 1966 QUETTA-HIGH-COURT-BALOCHISTAN
CHANGAZ KHAN VS MIAN KHAN O.XVII, Rr. 2 & 3---Constitution of Pakistan (1973), Art.10A---Suit for pre-emption, declaration, temporary and permanent injunction---Petitioner/plaintiff contended that his right to produce evidence was closed by…
2022 CLC 1966 QUETTA-HIGH-COURT-BALOCHISTAN
CHANGAZ KHAN VS MIAN KHAN O.XVII, Rr.2 & 3---Dismissal of suit---Slipshod order bereft of just/legal reasoning passed under R.3 of O.XVII, Civil Procedure Code, dismissing the suit without considering the material on record, would be beyond…
2022 CLC 1966 QUETTA-HIGH-COURT-BALOCHISTAN
CHANGAZ KHAN VS MIAN KHAN O.XVII, Rr. 2 & 3---Right of a party to produce evidence could not be closed under O.XVII, R.3 of Civil Procedure Code for non-production of evidence where the case on the previous date was not adjourned at the req…
2022 CLC 1987 QUETTA-HIGH-COURT-BALOCHISTAN
SHER MUHAMMAD VS BIBI SAFIA S.13---Eviction of tenant---Willful default---Personal bona fide need of landlord---Denial of relationship of landlord and tenant---Burden of proof---Appellant/tenant contended that he was tenant of previous land…
2022 CLC 1987 QUETTA-HIGH-COURT-BALOCHISTAN
SHER MUHAMMAD VS BIBI SAFIA S.13---Eviction of tenant---Willful default---Personal bona fide need of landlord---Denial of relationship of landlord and tenant---Rent Controller, jurisdiction of---Scope---Appellant/tenant contended that Rent…
2022 CLC 1987 QUETTA-HIGH-COURT-BALOCHISTAN
SHER MUHAMMAD VS BIBI SAFIA S.13---Eviction of tenant---Denial of relationship of landlord and tenant---Verbal tenancy agreement---Scope---Tenant/appellant contended that in absence of tenancy agreement or rent receipt, mere mutation entry/…
2022 CLC 1999 QUETTA-HIGH-COURT-BALOCHISTAN
NISAR AHMAD SHAHWANI AND BROTHERS VS GOVERNMENT OF BALOCHISTAN S.27---Balochistan Public Procurement Regulatory Rules, 2014, R.56---Redressal of grievances, mechanism for---Petitioner/qualified contractor who duly deposited call deposit all…
2022 CLC 2022 QUETTA-HIGH-COURT-BALOCHISTAN
FAROOQ AHMED VS MUHAMMAD AQIB JAVED S.25---Custody of minors---Right of father vis-à-vis maternal grandmother---Scope---Maternal grandmother of minor assailed orders passed by courts below whereby minor's custody was granted to her real fat…
2022 CLC 2022 QUETTA-HIGH-COURT-BALOCHISTAN
FAROOQ AHMED VS MUHAMMAD AQIB JAVED Preamble & S.17---Provisions of Evidence Act, 1872 and Code of Civil Procedure not to apply---Scope---Family Courts, which are creation of Family Courts Act, 1964, have to formulate their own procedure---…
2022 CLC 2022 QUETTA-HIGH-COURT-BALOCHISTAN
FAROOQ AHMED VS MUHAMMAD AQIB JAVED S.17---Matters to be considered by the Court in appropriate guardian---Scope---While dealing with the question of custody of minor, the paramount consideration before the Court of law is the welfare of mi…
2022 CLC 2059 QUETTA-HIGH-COURT-BALOCHISTAN
AMIR TUFIL VS ABBAS art.114---Estoppel---Scope---Conduct of a person may be such that he is estopped from litigating the issue all over again---Conduct of a person to operate as estoppel has to involve some kind of express or implied repres…
2022 CLC 2059 QUETTA-HIGH-COURT-BALOCHISTAN
AMIR TUFIL VS ABBAS O.XXII, R.1---Modes of paying money under decree---Scope---Parties to the decree are at liberty to contract with respect to their rights and obligations under the decree, and in so far as such an agreement does not bring…
2022 CLC 2059 QUETTA-HIGH-COURT-BALOCHISTAN
AMIR TUFIL VS ABBAS art. 114---Civil Procedure Code (V of 1908), O. XXI, R. 1---Modes of paying money under decree---Estoppel---Scope---Suit for recovery of certain amount against the petitioner and his father was decreed---Respondent filed…
2022 CLC 2090 QUETTA-HIGH-COURT-BALOCHISTAN
IZAT ALI VS MUHAMMAD ASHFAQ O.XLI, R.27, O.XIII, Rr.1 & 2---Production of additional evidence in Appellate Court---Documentary evidence to be produced at first hearing---Effect of non-production of documents---Scope---Provision of R.27 of O…
2022 MLD 143 QUETTA-HIGH-COURT-BALOCHISTAN
MUHAMMAD HANIF VS Syed ZAKIR HUSSAIN SHAH Ss.42, 43, 45 & 53---No disputed entry in Record of Rights or periodical record could be altered, either on the ground of mistake or fraud, except on the basis of obvious clerical error or patent fa…
2022 MLD 143 QUETTA-HIGH-COURT-BALOCHISTAN
MUHAMMAD HANIF VS Syed ZAKIR HUSSAIN SHAH S.42---Mutation---Dispute pertaining to the title of property---Only civil court had jurisdiction to make decision to the effect---Disputed question of fact regarding title could not be decided by t…
2022 MLD 143 QUETTA-HIGH-COURT-BALOCHISTAN
MUHAMMAD HANIF VS Syed ZAKIR HUSSAIN SHAH Ss.42, 45 & 53---Constitutional petition---Mutation---Petitioners contended that petitioners were recorded owners of the properties; they also owned possession of shamilat land; that father of respo…
2022 MLD 379 QUETTA-HIGH-COURT-BALOCHISTAN
MUHAMMAD YOUNAS VS State S.9(c)---Possession of narcotics---Appreciation of evidence---Benefit of doubt---Contradictions in the statements of witnesses---Scope---Allegation against the accused was that three kilograms of charas was recovere…
2022 MLD 379 QUETTA-HIGH-COURT-BALOCHISTAN
MUHAMMAD YOUNAS VS State S.9(c)---Possession of narcotics---Appreciation of evidence---Benefit of doubt---Safe custody and transmission of samples of the narcotic from the police to the chemical examiner was not established---Effect---Alleg…
2022 MLD 379 QUETTA-HIGH-COURT-BALOCHISTAN
MUHAMMAD YOUNAS VS State Witness---Credibility of---Scope---For disbelieving the statement of a witness, it was not necessary that there should be numerous infirmities---If there was one which impeached the credibility of witness then it lo…
2022 MLD 516 QUETTA-HIGH-COURT-BALOCHISTAN
BAZ MUHAMMAD KAKAR VS Syed ABDUL RASHEED O.XVII, R.3---Trial Court closed petitioner's right to produce evidence---Appellate Court remanded the case with costs---Petitioner, having contumacious conduct, failed to comply with the directions…
2022 MLD 536 QUETTA-HIGH-COURT-BALOCHISTAN
HAJI MUHAMMAD VS AMMER MUHAMMAD S. 497(5)---Penal Code (XLV of 1860), Ss. 302, 324, 504, 506, 427, 147, 148 & 149---Qatl-i-amd, attempt to commit qatl-i-amd, intentional insult with intent to provoke breach of peace, criminal intimidation,…
2022 MLD 536 QUETTA-HIGH-COURT-BALOCHISTAN
HAJI MUHAMMAD VS AMMER MUHAMMAD S.497(5)---Bail, cancellation of---Principle---Principle for granting bail and those for cancellation of bail were altogether different---Strong and cogent reasons required for recalling of bail granting orde…
2022 MLD 543 QUETTA-HIGH-COURT-BALOCHISTAN
NASIR KHAN VS SHABIR AHMED S.12(2)---appellate/revisionary jurisdiction not to be substituted---Scope---Provision of S.12(2) could not be used as an alternative for ordinary remedy of appeal/revision. Head NotesCase Description
2022 MLD 543 QUETTA-HIGH-COURT-BALOCHISTAN
NASIR KHAN VS SHABIR AHMED -S.12(2)---Fraud/misrepresentation---Proceeding being out of knowledge or decree passed by collusion---Proof---Section 12(2) of Civil Procedure Code, 1908 provided a remedy to a person affected by a decree obtaine…
2022 MLD 543 QUETTA-HIGH-COURT-BALOCHISTAN
NASIR KHAN VS SHABIR AHMED S.12(2) & O.XXXVII, R.2---Suit for recovery of amount---Parties appeared before Court---Suit was dismissed for non-prosecution and the same was restored---Application of the petitioner/defendant for leave to defen…
2022 MLD 563 QUETTA-HIGH-COURT-BALOCHISTAN
Syed GULISTAN VS GULAB KHAN Ss. 42, 8 & 54---Suit for declaration, possession and permanent injunction---Sale of un-partitioned Shamilat Deh---Scope---Plaintiff filed a suit for declaration, possession and permanent injunction against the d…
2022 MLD 563 QUETTA-HIGH-COURT-BALOCHISTAN
Syed GULISTAN VS GULAB KHAN Evidence beyond pleadings---Scope---Where the party has not alleged any ground in pleadings, subsequent evidence has no legal value---Parties are bound by their pleadings and evidence beyond the pleadings cannot…
2022 MLD 630 QUETTA-HIGH-COURT-BALOCHISTAN
EID MUHAMMAD VS State Ss.3 & 4---Prevention of illegal dispossession of property---Cognizance of offence---Scope---Main object and purpose of promulgation of the Illegal Dispossession Act, 2005, is to curb the activities of the property gra…
2022 MLD 630 QUETTA-HIGH-COURT-BALOCHISTAN
EID MUHAMMAD VS State Ss.3 & 4---Prevention of illegal dispossession of property---Cognizance of offence---Accused not belonging to qabza mafia---Dispute of civil nature---Scope---Accused was alleged to have illegally dispossessed the compl…
2022 MLD 738 QUETTA-HIGH-COURT-BALOCHISTAN
JANNAT BIBI VS State Ss.302(b) & 34---Qatl-i-amd, common intention---Appreciation of evidence---Benefit of doubt---Delay of about twelve days in nominating accused---Scope---Accused were charged for committing murder of the son of the compl…
2022 MLD 738 QUETTA-HIGH-COURT-BALOCHISTAN
JANNAT BIBI VS State Ss.302(b) & 34---Qatl-i-amd, common intention---Appreciation of evidence---Benefit of doubt---Circumstantial evidence---Scope---Accused were charged for committing murder of the son of the complainant by firing---Record…
2022 MLD 738 QUETTA-HIGH-COURT-BALOCHISTAN
JANNAT BIBI VS State Benefit of doubt---Principle---If any single or slightest doubt is created, benefit of the same must go to the accused and it would be sufficient to disbelieve the prosecution story and acquit the accused. Head NotesCas…
2022 MLD 738 QUETTA-HIGH-COURT-BALOCHISTAN
JANNAT BIBI VS State Medical evidence---Scope---Medical evidence is only used for confirmation of ocular evidence regarding seat of injury, time of occurrence and weapon used in the offence, but medical evidence itself does not constitute a…
2022 MLD 738 QUETTA-HIGH-COURT-BALOCHISTAN
JANNAT BIBI VS State Ss.302(b) & 34---Criminal Procedure Code (V of 1898), S.164---Qatl-i-amd, common intention---Appreciation of evidence---Benefit of doubt---Extra judicial confession and the confessional statements of the accused---Scope…
2022 MLD 780 QUETTA-HIGH-COURT-BALOCHISTAN
SULTAN ALI VS Mir SHABIR AHMED BADINI O.XXXVII, R.4---Summary suit for recovery---Power to set aside decree---Scope---Order XXXVII, R.4, C.P.C., confers power on the court to set aside the decree under special circumstances and grant defend…
2022 MLD 780 QUETTA-HIGH-COURT-BALOCHISTAN
SULTAN ALI VS Mir SHABIR AHMED BADINI S.115---Revision---Conversion of proceeding---Scope---High Court while exercising revisional jurisdiction is empowered to convert one proceeding to another. Head NotesCase Description
2022 MLD 780 QUETTA-HIGH-COURT-BALOCHISTAN
SULTAN ALI VS Mir SHABIR AHMED BADINI O.XXXVII, R.4---Limitation Act (IX of 1908), Arts. 181 & 164---Summary suit for recovery---Power to set aside decree---Scope---Order XXXVII, R.4, C.P.C., takes out the provision of limitation with the p…
2022 MLD 805 QUETTA-HIGH-COURT-BALOCHISTAN
ABDUL BARI VS AKHTAR RASHEED, STATION HOUSE OFFICER, POLICE STATION AIRPORT, QUETTA S.12---Limitation Act (IX of 1908), S.3---Special law---Applicability---Scope---Defamation Ordinance, 2002 is a special law which has prescribed limitation…
2022 MLD 805 QUETTA-HIGH-COURT-BALOCHISTAN
ABDUL BARI VS AKHTAR RASHEED, STATION HOUSE OFFICER, POLICE STATION AIRPORT, QUETTA O.VII, R.11---Rejection of Plaint---Scope---Object of R.11 of O.VII, C.P.C. was primarily to save the parties from rigours of frivolous litigation at the ve…
2022 MLD 805 QUETTA-HIGH-COURT-BALOCHISTAN
ABDUL BARI VS AKHTAR RASHEED, STATION HOUSE OFFICER, POLICE STATION AIRPORT, QUETTA O.VII, R.11---Rejection of Plaint---Scope---For deciding the question of rejection of plaint, only the plaint and its accompaniments could be examined. Head…
2022 MLD 805 QUETTA-HIGH-COURT-BALOCHISTAN
ABDUL BARI VS AKHTAR RASHEED, STATION HOUSE OFFICER, POLICE STATION AIRPORT, QUETTA Ss.3, 8 & 12---Civil Procedure Code (V of 1908), O.VII, R.11---Suit for defamation/damages against Police Officer for circulation of false statement/represe…
2022 MLD 908 QUETTA-HIGH-COURT-BALOCHISTAN
ALI AHMED VS GHULAM MUSTAFA S.24---Transfer of case---Bias of Judge---Types of bias listed. Head NotesCase Description
Looking for a specific point of law? Search the case-law database in Urdu or English.