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 YLR 2070 QUETTA-HIGH-COURT-BALOCHISTAN
Hafiz OBAIDULLAH VS State S. 302(b)---Qatl-i-amd---Appreciation of evidence---Sentence, reduction in---Delay of one hour in lodging FIR---Scope---Accused was charged for committing murder of the brother of the complainant---Record depicted…
2022 YLR 2070 QUETTA-HIGH-COURT-BALOCHISTAN
Hafiz OBAIDULLAH VS State S. 302(b)---Criminal Procedure Code (V of 1898), S. 164---Qatl-i-amd---Appreciation of evidence---Confessional statement, recording of---Accused was charged for committing murder of the brother of the complainant--…
2022 YLR 2070 QUETTA-HIGH-COURT-BALOCHISTAN
Hafiz OBAIDULLAH VS State S. 302(b)---Qatl-i-amd---Appreciation of evidence---Recovery of weapon and crime empties---Scope---Accused was charged for committing murder of the brother of the complainant---Crime weapon was recovered on the poi…
2022 YLR 2070 QUETTA-HIGH-COURT-BALOCHISTAN
Hafiz OBAIDULLAH VS State S. 302(b)---Qanun-e-Shahadat (10 of 1984), Art. 46---Qatl-i-amd---Appreciation of evidence---Dying declaration---Scope---Accused was charged for committing murder of the brother of the complainant---Evidence of com…
2022 YLR 2070 QUETTA-HIGH-COURT-BALOCHISTAN
Hafiz OBAIDULLAH VS State art. 46---Dying declaration---Scope---Dying declaration, even made before a private person, is free from influence and the person before whom such dying declaration is made is examined, then it becomes a substantiv…
2022 YLR 2070 QUETTA-HIGH-COURT-BALOCHISTAN
Hafiz OBAIDULLAH VS State S. 302(b)---Qatl-i-amd---Appreciation of evidence---Quantum of sentence---Scope---Accused was charged for committing murder of the brother of the complainant---Record showed that although all the other formalities…
2022 YLR 2110 QUETTA-HIGH-COURT-BALOCHISTAN
TORAB KHAN VS TAHIR KHAN S. 13(6)---Non-deposit of tentative monthly rent on fixed day -Striking off defence---Respondent/land lord filed eviction application against appellant/ tenant before Trial Court---Trial Court directed appellant to…
2022 YLR 2154 QUETTA-HIGH-COURT-BALOCHISTAN
ATTA MUHAMMAD VS SARFARAZ S. 5---Delay, condonation of---Appeal filed after withdrawal of execution petition---Law favours vigilant not indolent---Suit for declaration and permanent injunction with averments that petitioners/plaintiffs were…
2022 YLR 2195 QUETTA-HIGH-COURT-BALOCHISTAN
KARIM BAKHSH VS GOVERNMENT OF BALOCHISTAN through Secretary Board of Revenue O. XXIII, R. 1---Provision of R. 1 of O. XXIII of C.P.C., 1908 was not meant to allow the parties to fill the lacunas subsequently.
2022 YLR 2195 QUETTA-HIGH-COURT-BALOCHISTAN
KARIM BAKHSH VS GOVERNMENT OF BALOCHISTAN through Secretary Board of Revenue O. XXIII, R. 1---'Formal defect'---Any defect in the pleading that did not permit to proceed further in the suit or any absence of a particular formality the suit…
2022 YLR 2195 QUETTA-HIGH-COURT-BALOCHISTAN
KARIM BAKHSH VS GOVERNMENT OF BALOCHISTAN through Secretary Board of Revenue S. 115--- Revisional jurisdiction---Scope---Object of revision was to rectify the error committed by the courts below in exercise of jurisdiction---Concurrent find…
2022 YLR 2195 QUETTA-HIGH-COURT-BALOCHISTAN
KARIM BAKHSH VS GOVERNMENT OF BALOCHISTAN through Secretary Board of Revenue O. XXIII, Rr. 1 & 2---Withdrawal of suit---Permission to file afresh---'Formal defect'---Placement of revenue record---Concurrent findings against the Petitioner/p…
2022 YLR 2195 QUETTA-HIGH-COURT-BALOCHISTAN
KARIM BAKHSH VS GOVERNMENT OF BALOCHISTAN through Secretary Board of Revenue S.52---Mutation entries---Presumption of truth---Mutation entries could not create title/ownership right----Record of right/periodical record carried weight, was t…
2022 YLR 2215 QUETTA-HIGH-COURT-BALOCHISTAN
SAIF UD DIN VS MUHI UD DIN Ss. 22-a, 154, 155 & 200---Non-cognizable offence---Ex-officio Justice of Peace--- Jurisdiction--- Petitioner was aggrieved of direction issued by Ex-officio Justice of Peace for registration of FIR against him in…
2022 YLR 2392 QUETTA-HIGH-COURT-BALOCHISTAN
MUHAMMAD SADIQ VS State S. 497--- Control of Narcotic Substances Act (XXV of 1997), Ss. 9(c) & 51---Transportation of narcotics---Bail, refusal of---Huge quantity of narcotics---Scope---Accused along with another was apprehended while trans…
2022 YLR 2392 QUETTA-HIGH-COURT-BALOCHISTAN
MUHAMMAD SADIQ VS State S. 497---Bail---Scope---Bail cannot be encouraged when the proceedings before the Trial Court are at final stage, as the same can prejudice the case of either party.
2022 YLR 2413 QUETTA-HIGH-COURT-BALOCHISTAN
GHULAM QADIR VS State S. 497--- Control of Narcotic Substances Act (XXV of 1997), S. 9(c)---Possession of narcotics---Bail, grant of---Failure to prepare parcel on the spot---Effect---Accused was alleged to have been found in possession of…
2022 PLD 43 QUETTA-HIGH-COURT-BALOCHISTAN
MUHAMMAD SARFARAZ VS NAJEEBULLAH O. XVII, Rr. 2, 3 & XLI, R. 17---Order XVII, Rr. 2 & 3 of Civil Procedure Code, 1908 are applicable in proceeding with suit while O. XLI, R. 17 thereof was to apply in case of appeal.
2022 PLD 43 QUETTA-HIGH-COURT-BALOCHISTAN
MUHAMMAD SARFARAZ VS NAJEEBULLAH O. XVII, R. 3 & O. XLI, Rr. 11 & 17---Divergent suits for declaration, cancellation of mutation entries and permanent injunction---Petitioner's suit was dismissed while respondent's suit was decreed vide con…
2022 PLD 43 QUETTA-HIGH-COURT-BALOCHISTAN
MUHAMMAD SARFARAZ VS NAJEEBULLAH Technicalities---Order without notice to parties---Principle---Rule of justice demand that parties could not be non-suited on technicalities when their valuable rights were involved/subjudiced.
2022 PLD 43 QUETTA-HIGH-COURT-BALOCHISTAN
MUHAMMAD SARFARAZ VS NAJEEBULLAH O. XLI, R. 14(2)---Notices by appellate Court, service of---Presumption---Scope---appellate Court might itself cause notice to be served on respondent/his pleader---Presumption of service upon respondent cou…
2022 CLD 128 QUETTA-HIGH-COURT-BALOCHISTAN
S.Q. CORPORATION VS FEDERATION OF PAKISTAN through Secretary Internal Affairs, Government of Pakistan, Islamabad Ss. 8, 9 & 20--- Financial Institutions (Recovery of Finances) Rules, 2018, R. 5---Quashing of criminal proceedings---Wilful de…
2022 CLD 169 QUETTA-HIGH-COURT-BALOCHISTAN
MUHAMMAD YASEEN VS WALI MUHAMMAD Ss. 7 & 42---Trade Organization Act (II of 2013), S. 7---Suit---Cancellation of incorporation certificate---Registration of Trade Organization---Plaintiff assailed incorporation certificate issued to defenda…
2022 CLD 332 QUETTA-HIGH-COURT-BALOCHISTAN
ASAD JAVED VS AHMED SHAH S. 118---Civil Procedure Code (V of 1908). O. XXXVII, R. 2---Cheque dishonoured---Plaintiff filed suit for recovery of amount of Rs.20,80,820/- allegedly paid to Defendant for starting business---Plaintiff contended…
2022 CLD 332 QUETTA-HIGH-COURT-BALOCHISTAN
ASAD JAVED VS AHMED SHAH S. 118---Cheque, execution of---Burden of proof---Presumption, rebuttables, nature of---Scope---Initial presumption is that a negotiable instrument/cheque is made, drawn, accepted or endorsed for consideration---Alt…
2022 CLD 332 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…
2022 CLD 484 QUETTA-HIGH-COURT-BALOCHISTAN
State VS ZAHID KHAN Ss. 4(1), 5, 23 & 23-a(6)---Criminal Procedure Code (V of 1898), S. 417---appeal against acquittal---Foreign currency, recovery of---Requisite authorization, absence of---Effect---accused persons were acquitted by Trial…
2022 CLD 484 QUETTA-HIGH-COURT-BALOCHISTAN
State VS ZAHID KHAN Practice and procedure---Ancillary proceedings---Scope---Such proceedings or action does not overrule a provision of substantive law, which cannot be defeated nor any such direction can be made by giving it an overriding…
2022 CLD 1311 QUETTA-HIGH-COURT-BALOCHISTAN
Hafiz ZUBAIR VS Mst. HAZAR NAZ Whenever a challenge is made to the jurisdiction of the Court, such Court in the first instance is obliged by law to decide the matter of its jurisdiction by taking into account all the relevant facts.
2022 CLD 1311 QUETTA-HIGH-COURT-BALOCHISTAN
Hafiz ZUBAIR VS Mst. HAZAR NAZ S. 5---Specific Relief act (I of 1877), S. 42---Civil Procedure Code (V of 1908), S. 9 & O. VII, R. 10---Suit for declaration---Courts to try all civil suits unless barred---Jurisdiction of the Court and creat…
2022 CLD 1311 QUETTA-HIGH-COURT-BALOCHISTAN
Hafiz ZUBAIR VS Mst. HAZAR NAZ O. VII, R. 10---Return of plaint---Jurisdiction---Scope---Courts have inherent jurisdiction to decide the question of their own jurisdiction with respect to a specific matter and jurisdiction of a Court is ini…
2022 CLD 1448 QUETTA-HIGH-COURT-BALOCHISTAN
HABIB BANK LIMITED VS MUHAMMAD AYUB MENGAL S. 9---Banking Companies Ordinance (LVII of 1962), S. 82-D---Constitution of Pakistan, Art. 199---Constitutional petition---Federal Ombudsman, decision of---Account holders filed complaints against…
2022 PLD 51 QUETTA-HIGH-COURT-BALOCHISTAN
BAHADUR KHAN VS KARIM GUL S. 17---Contract Act (IX of 1872), S. 201---Power of attorney---Compulsory registration of---Scope---Power of attorney confers only those powers which are specified therein and in case power of attorney creates any…
2022 PLD 51 QUETTA-HIGH-COURT-BALOCHISTAN
BAHADUR KHAN VS KARIM GUL arts. 17 & 79---Powers of attorney act (VII of 1882), S. 2---Power of attorney---attestation and proof---Power of attorney is a document which creates financial liabilities, as such, is to be attested by at least t…
2022 PLD 51 QUETTA-HIGH-COURT-BALOCHISTAN
BAHADUR KHAN VS KARIM GUL arts. 30, 113 & 117---Civil Procedure Code (V of 1908), O. VI, R. 2---Duty to prove case---admission of co-defendant regarding agreement would not absolve the plaintiff to prove the same in terms of law enunciated…
2022 PLD 51 QUETTA-HIGH-COURT-BALOCHISTAN
BAHADUR KHAN VS KARIM GUL arts. 17 & 79---Civil Procedure Code (V of 1908), O. VI, R. 2---Respondent filed suit for declaration/specific performance claiming that he purchased property from another respondent for certain consideration; that…
2022 PLD 51 QUETTA-HIGH-COURT-BALOCHISTAN
BAHADUR KHAN VS KARIM GUL arts. 18 & 19---Civil Procedure Code (V of 1908), O.VI, R. 2---Res jestae---Evidence, relevancy and consistency of---Principle---averment made in pleadings did not constitute evidence, but evidence led in party's s…
2022 PLD 51 QUETTA-HIGH-COURT-BALOCHISTAN
BAHADUR KHAN VS KARIM GUL arts. 17 & 79---agreement to sell---attestation and proof---Scope---agreement to sell an immovable property squarely falls within the provision of S.17(2) of Qanun-e-Shahadat, 1984 and has to be compulsorily attest…
2022 PTD 1226 QUETTA-HIGH-COURT-BALOCHISTAN
INDUS MOTORS COMPANY LIMITED VS GOVERNMENT OF BALOCHISTAN, FINANCE DEPARTMENT S.52---Recovery of the tax not levied or short levied---Scope---Subsection (6) of S.52 of Balochistan Sales Tax on Services Act, 2015, provides the mechanism for…
2022 PTD 1226 QUETTA-HIGH-COURT-BALOCHISTAN
INDUS MOTORS COMPANY LIMITED VS GOVERNMENT OF BALOCHISTAN, FINANCE DEPARTMENT S.14---Special procedure and tax withholding provisions---Scope---Subsection (3) of S.14 of Balochistan Sales Tax on Services Act, 2015, creates a liability on th…
2022 PTD 1226 QUETTA-HIGH-COURT-BALOCHISTAN
INDUS MOTORS COMPANY LIMITED VS GOVERNMENT OF BALOCHISTAN, FINANCE DEPARTMENT S.14---Balochistan Sales Tax Special Procedure (Withholding) Rules, 2018, R.3---Special procedure and tax withholding provisions---Responsibility of withholding a…
2022 PTD 1226 QUETTA-HIGH-COURT-BALOCHISTAN
INDUS MOTORS COMPANY LIMITED VS GOVERNMENT OF BALOCHISTAN, FINANCE DEPARTMENT Retrospective effect of legislation---Scope---Although the power of the legislature to enact retrospective law is well-recognized, but it is equally well settled…
2022 PTD 1226 QUETTA-HIGH-COURT-BALOCHISTAN
INDUS MOTORS COMPANY LIMITED VS GOVERNMENT OF BALOCHISTAN, FINANCE DEPARTMENT Ss.14 & 52---Balochistan Sales Tax Special Procedure (Withholding) Rules, 2018, R. 3---Recovery of the tax not levied or short levied---Special procedure and tax…
2022 PTD 1226 QUETTA-HIGH-COURT-BALOCHISTAN
INDUS MOTORS COMPANY LIMITED VS GOVERNMENT OF BALOCHISTAN, FINANCE DEPARTMENT Retrospective effect of legislation---Scope---Statute, which is procedural in nature, can operate retrospectively unless it affects an existing right on the date…
2022 PTD 1265 QUETTA-HIGH-COURT-BALOCHISTAN
The COMMISSIONER INLAND REVENUE ZONE-I, REGIONAL TAX OFFICE, QUETTA VS QUETTA ELECTRIC SUPPLY COMPANY LIMITED, ZARGHOON ROAD, QUETTA Ss.11, 33 (5), 34 & 47---Penalty and surcharge, recovery of---Pre-conditions---Authorities sought recovery…
2022 PTD 1290 QUETTA-HIGH-COURT-BALOCHISTAN
COMMISSIONER INLAND REVENUE ZONE-I, REGIONAL TAX OFFICE, QUETTA VS SAINDAK METALS LTD. QUETTA, TAX PAYER Ss.120(1)(b), 122(5a) & 133---amended assessment order---Limitation---Dispute between parties was with regard to amended assessment ord…
2022 PTD 1311 QUETTA-HIGH-COURT-BALOCHISTAN
HABIBULLAH VS State Ss.2(s) & 156(1)---Smuggling---Offences and penalties---Appreciation of evidence---Benefit of doubt---Non-production of smuggled items before the Court---Non-association of independent witnesses---Effect---Accused was co…
2022 PTD 1377 QUETTA-HIGH-COURT-BALOCHISTAN
The COMMISSIONER INLAND REVENUE ZONE-I, REGIONAL TAX OFFICE, QUETTA VS HAJVAIRY STEEL INDUSTRIES (PVT.) LTD. Ss.3(1a), (6) & 47---Sales Tax Special Procedure Rules 2007, R.58-H---Sales tax liability---Levy of further tax---Non-obstinate cla…
2022 PTD 1634 QUETTA-HIGH-COURT-BALOCHISTAN
The COLLECTOR OF CUSTOMS, MODEL CUSTOM COLLECTORATE, QUETTA VS ABDUL RAHIM R.58---approval for auction of goods---Scope---Department confiscated twenty one chassis frames for having been smuggled---Collector (adjudication) ordered for confi…
2022 PTD 1844 QUETTA-HIGH-COURT-BALOCHISTAN
The COMMISSIONER INLAND REVENUE ZONE-I, REGIONAL TAX OFFICE, QUETTA VS QUETTA ELECTRIC SUPPLY COMPANY LIMITED, QUETTA "Subsidy"---Object, purpose and scope--- Subsidy is usually provided to a person to give relief from hardship or to suppor…
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