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
2021 YLR 924 PESHAWAR-HIGH-COURT
SAIN MUHAMMAD VS MUHAMMAD ASLAM Justice in Islam---Scope---"Appearance of justice" in Islam---"Appearance of justice" in Islam was essential not only for lawyers and intellectuals, but also for people of the country in general and the litig…
2021 YLR 924 PESHAWAR-HIGH-COURT
SAIN MUHAMMAD VS MUHAMMAD ASLAM Justice in Islam, principles of---Scope---Who succeeded in a litigation unjustly must not retain its benefit.
2021 YLR 924 PESHAWAR-HIGH-COURT
SAIN MUHAMMAD VS MUHAMMAD ASLAM Justice could not be sacrificed on the altar of a technicality.
2021 YLR 924 PESHAWAR-HIGH-COURT
SAIN MUHAMMAD VS MUHAMMAD ASLAM S.12(2)---Fraud or misrepresentation---Forum for filing application under S.12(2) of C.P.C.---Change in view of the Superior Courts regarding jurisdiction of the Court to adjudicate the application under S.12…
2021 YLR 924 PESHAWAR-HIGH-COURT
SAIN MUHAMMAD VS MUHAMMAD ASLAM O. I, R. 9 & S. 12(2)---Mis-joinder or non-joinder of the necessary party---Scope and effect---Fraud or misrepresen-tation---Appellants/plaintiffs did not implead the respondent/co-sharer (applicant under S.1…
2021 YLR 924 PESHAWAR-HIGH-COURT
SAIN MUHAMMAD VS MUHAMMAD ASLAM S.12(2)---Fraud or misrepresentation---Application under S. 12(2), C.P.C.---Jurisdiction of the Appellate Court---Scope---Appellants/plaintiffs contended that the Appellate Court had no jurisdiction to entert…
2021 YLR 924 PESHAWAR-HIGH-COURT
SAIN MUHAMMAD VS MUHAMMAD ASLAM S. 12(2) & O. VII, R. 10---Fraud or misrepresentation---Application under S.12(2), C.P.C---Plaint, return of---Fresh application under S.12(2) of C.P.C. was filed before the Appellate Court, earlier such appl…
2021 YLR 924 PESHAWAR-HIGH-COURT
SAIN MUHAMMAD VS MUHAMMAD ASLAM S.12(2)---Fraud or misrepresentation---Application under S.12(2), C.P.C.---Locus standi---Contention of the appellants/plaintiffs was that the respondent, being a stranger to the (original ) suit, had no locu…
2021 YLR 924 PESHAWAR-HIGH-COURT
SAIN MUHAMMAD VS MUHAMMAD ASLAM S. 12(2)---Decree obtained by fraud---Application under S.12(2), C.P.C.---Limitation---Held, that impugned decree was passed without hearing of and in the absence of the respondent, whose presence (being co-s…
2021 YLR 955 PESHAWAR-HIGH-COURT
JUMARAZ VS State Ss. 302 & 376---anti-Terrorism act (XXVII of 1997), S. 7---Qatl-i-amd, rape, act of terrorism---appreciation of evidence---Non-availability of DNa report---Scope---allegation against the accused was that he raped a 5/6 year…
2021 YLR 955 PESHAWAR-HIGH-COURT
JUMARAZ VS State Ss. 302 & 376---anti-Terrorism act (XXVII of 1997), S. 7---Qatl-i-amd, rape, act of terrorism---appreciation of evidence---Circumstantial evidence---Scope---allegation against the accused was that he raped a 5/6 years old g…
2021 YLR 955 PESHAWAR-HIGH-COURT
JUMARAZ VS State Ss. 302 & 376---anti-Terrorism act (XXVII of 1997), S. 7---Qatl-i-amd, rape, act of terrorism---appreciation of evidence--- Medical evidence and confession of accused---Corroboration---allegation against the accused was tha…
2021 YLR 955 PESHAWAR-HIGH-COURT
JUMARAZ VS State Ss. 302 & 376---anti-Terrorism act (XXVII of 1997), S. 7---Qatl-i-amd, rape, act of terrorism---appreciation of evidence---Recovery of incriminating material---Scope---allegation against the accused was that he raped a 5/6…
2021 YLR 955 PESHAWAR-HIGH-COURT
JUMARAZ VS State Ss. 302 & 376---anti-Terrorism act (XXVII of 1997), S. 7---Qatl-i-amd, rape, act of terrorism---appreciation of evidence---allegation against the accused was that he raped a 5/6 years old girl in an under-construction room…
2021 YLR 955 PESHAWAR-HIGH-COURT
JUMARAZ VS State Ss. 302 & 376---anti-Terrorism act (XXVII of 1997), S. 7---Criminal Procedure Code (V of 1898), S. 164---Qatl-i-amd, rape, act of terrorism---appreciation of evidence---Delay in recording the confessional statement of accus…
2021 YLR 955 PESHAWAR-HIGH-COURT
JUMARAZ VS State Ss. 302 & 376---anti-Terrorism act (XXVII of 1997), S. 7---Criminal Procedure Code (V of 1898), S. 164---Qatl-i-amd, rape, act of terrorism---appreciation of evidence---Confession, recording of---allegation against the accu…
2021 YLR 995 PESHAWAR-HIGH-COURT
IBRAHEEM KHAN VS State art.133---Cross-examination---Scope---Right to cross-examination was the most cherished part of the right of an accused during the trial---Said right might or might not prove beneficial to the accused in a particular…
2021 YLR 995 PESHAWAR-HIGH-COURT
IBRAHEEM KHAN VS State Ss. 302(b), 324 & 337-a(i)---Qatl-i-amd, attempt to commit qatla-i-amd, shajjah-e-madihah---appreciation of evidence---accused was charged for causing injuries on the person of complainant and also committed murder of…
2021 YLR 1055 PESHAWAR-HIGH-COURT
Haji FAZAL GHANI VS FAZLE AHAD Ss. 96 & 115---Limitation Act (IX of 1908), Art.120---Appeal from original decree---Non-impleadment of necessary party in appeal---Effect---Sister of petitioner filed suit for declaration that she being daught…
2021 YLR 1090 PESHAWAR-HIGH-COURT
MUHAMMAD HANIF VS ZARDAD KHAN Valid gift--- Pre-requisites---Declaration, offer by the owner, acceptance of gift by the donee and the delivery of possession were the pre-requisites of a valid gift---No illegality or infirmity was found in t…
2021 YLR 1090 PESHAWAR-HIGH-COURT
MUHAMMAD HANIF VS ZARDAD KHAN Ss. 42 & 54---Suit for declaration, permanent injunction and possession---Genuineness of the document---Presumption of truth attached with the registered document---Scope---Gift to the stranger---Scope---Allega…
2021 YLR 1120 PESHAWAR-HIGH-COURT
State VS IMRAN S. 9(c)---Possession of narcotics---Appreciation of evidence--- Appeal against acquittal---Benefit of doubt---Non-production of daily diary---Effect---In the present case, when the Investigating Officer was questioned regardi…
2021 YLR 1120 PESHAWAR-HIGH-COURT
State VS IMRAN S. 9(c)---Control of Narcotic Substances (Government Analysts) Rules, 2001, R.4(2)---Seizure of narcotic---Appreciation of evidence---Appeal against acquittal---Benefit of doubt---Chemical analysis---Delay in sending samples…
2021 YLR 1120 PESHAWAR-HIGH-COURT
State VS IMRAN Benefit of doubt---Principle---If two views were possible on the evidence adduced in a case, one pointing to the guilt of the accused and the other to his innocence, the view which is favourable to the accused should be adopt…
2021 YLR 1120 PESHAWAR-HIGH-COURT
State VS IMRAN S. 9(c)---Possession of 18200 grams of charas---Appreciation of evidence---Appeal against acquittal---Contradictions in the statements of witnesses---Scope---Prosecution case was that 18200 grams of charas was recovered from…
2021 YLR 1120 PESHAWAR-HIGH-COURT
State VS IMRAN S. 9(c)---Possession of 18200 grams of charas---Appreciation of evidence---Appeal against acquittal---Benefit of doubt---Prosecution case was that 18200 grams charas was recovered from a gas cylinder fixed in the dickey of a…
2021 YLR 1135 PESHAWAR-HIGH-COURT
Mst. SAFEENA SHAH VS State S. 497---Penal Code (XLV of 1860), Ss. 302 & 109---Khyber Pakhtunkhwa Arms Act (XXIII of 2013), S. 15---Qatl-i-amd and abetment---Unlicensed possession of arms---Bail, grant of---Un-witnessed incident---Scope---Ac…
2021 YLR 1160 PESHAWAR-HIGH-COURT
SECRETARY TO GOVERNMENT OF KHYBER PAKHTUNKHWA VS TAJDAR KHAN Ss. 23(4), 25 & 43---Khyber Pakhtunkhwa (Road Checking, Seizing and Disposal of Motor Vehicles) Rules, 2015, Rr. 3, 4, 8, 9(3) & 10---Seizure of vehicle---Tampered chassis number-…
2021 YLR 1199 PESHAWAR-HIGH-COURT
ASAD SHAH VS State S. 302(b)---Qatl-i-amd---Appreciation of evidence---Benefit of doubt---Recovery of weapon and crime empties---Scope---Accused was charged for committing murder of the sister of the complainant---Empties recovered from the…
2021 YLR 1199 PESHAWAR-HIGH-COURT
ASAD SHAH VS State S. 302(b)---Qatl-i-amd---Appreciation of evidence---Benefit of doubt---Recovery of piece of paper (a letter written by accused to the deceased and her reply)---Scope---Accused was charged for committing murder of the sist…
2021 YLR 1199 PESHAWAR-HIGH-COURT
ASAD SHAH VS State S. 302(b)---Qatl-i-amd---Appreciation of evidence---Benefit of doubt---Statement of child witness---Scope---Accused was charged for committing murder of the sister of the complainant---Most important evidence in the case…
2021 YLR 1199 PESHAWAR-HIGH-COURT
ASAD SHAH VS State Circumstantial evidence--- Scope---Circumstantial evidence was a weaker type of evidence without netting the chain from start till the end---Accused could not be handed down a sentence of capital punishment on the basis o…
2021 YLR 1222 PESHAWAR-HIGH-COURT
DIRECTOR-GENERAL (HEADQUARTERS) CIVIL WORKS ORGANIZATION VS Haji BANARAS S. 48---Limitation Act ( IX of 1908), Art. 181---Law Reforms Ordinance (XII of 1972), Preamble---First execution application---Limitation---Decree-holders filed execut…
2021 YLR 1222 PESHAWAR-HIGH-COURT
DIRECTOR-GENERAL (HEADQUARTERS) CIVIL WORKS ORGANIZATION VS Haji BANARAS Preamble---Decree for payment of compensation---Scope---Held, that each and every case was to be decided on its peculiar facts and circumstances---Decree for payment o…
2021 YLR 1241 PESHAWAR-HIGH-COURT
RIAZ ULLAH VS State S. 497---Khyber Pakhtunkhwa Control of Narcotic Substances Act (XXXI of 2019), Ss. 9(d), 27 & 31---Possession of narcotics---Power to issue warrants---Mode of making searches and arrest--- Bail, grant of---Search of dwel…
2021 YLR 1267 PESHAWAR-HIGH-COURT
Mst. BASRI IRSHAD VS TAUQIR HAYAT S. 491---Habeas corpus---Custody of minor---Right of hizanat---Scope---Petitioner assailed order passed by Sessions Judge whereby her application under S.491, Cr.P.C. for custody of minor was dismissed on t…
2021 YLR 1267 PESHAWAR-HIGH-COURT
Mst. BASRI IRSHAD VS TAUQIR HAYAT S. 491---Guardians and Wards Act (VIII of 1890), Ss. 25 & 12---Habeas corpus---Custody of minors---Pendency of application before Guardian Judge---Scope---Petition under section 491, CrPC is maintainable an…
2021 YLR 1267 PESHAWAR-HIGH-COURT
Mst. BASRI IRSHAD VS TAUQIR HAYAT S. 491---Habeas corpus---Custody of minors---Welfare of minor---Scope---High court is not supposed to decide the matter of custody of minor because it is for the Guardian Judge to decide, after recording of…
2021 YLR 1288 PESHAWAR-HIGH-COURT
CHAIRMAN FEDERAL BOARD OF INTERMEDIATE AND SECONDARY EDUCATION, ISLAMABAD VS SANAN ULLAH FARMAN S. 42--- Suit for declaration---Correction of date of birth---Scope---Plaintiff filed suit against Education Board (Board) for declaration to th…
2021 YLR 1302 PESHAWAR-HIGH-COURT
GUL MUHAMMAD VS State S. 302(b)---Pakistan Arms Ordinance (XX of 1965), 13---Criminal Procedure Code (V of 1898), Ss. 382-B, 35 & 397---Constitution of Pakistan, Art. 199---Constitutional petition--- Qatl-i-amd, possessing illicit weapon---…
2021 YLR 1373 PESHAWAR-HIGH-COURT
SIRHIND ZADA VS AMIR ZADA Ss. 135 & 137---Civil Procedure Code (V of 1908), S. 11---Res-judicata, principle of---Applicability---Partition of land--- Petitioner-plaintiff after withdrawing his application for partition of land before revenu…
2021 YLR 1373 PESHAWAR-HIGH-COURT
SIRHIND ZADA VS AMIR ZADA S.11 & O.XXIII, R.1---Res judicata, principle of---Simply withdrawal of earlier suit does not bar subsequent suit by principle of res judicata.
2021 YLR 1415 PESHAWAR-HIGH-COURT
MUHAMMAD ZADA VS State Ss. 516-a, 523 & 550---Superdari of case property---Scope---Seizure of non-customs paid vehicles having tempered, welded, refitted, re-stamped chassis plates under Ss.550/523, Cr.P.C.---Superdari of vehicles, refusal…
2021 YLR 1474 PESHAWAR-HIGH-COURT
GHULAM RASOOL VS TARIQ MAHMOOD S. 13---Civil Procedure Code (V of 1908), S. 12(2)---Eviction of tenant---Bar to further suits---Failure to pay rent---Scope---Respondent's application for eviction of tenant was allowed and during the executi…
2021 YLR 1517 PESHAWAR-HIGH-COURT
Syed MAQBOOL SHAH VS State Public prosecutor---Role of---Scope---Prosecutor plays a pivotal role in the administration of criminal justice---Normally, the role of the Public Prosecutor commences on the completion of investigation by Investi…
2021 YLR 1517 PESHAWAR-HIGH-COURT
Syed MAQBOOL SHAH VS State S. 497---Penal Code (XLV of 1860), Ss. 302, 324, 148 & 149---Qatl-i-amd, attempt to commit qatl-i-amd, rioting, armed with deadly weapon---Bail, refusal of---Delay in conclusion of trial---Scope---Accused sought b…
2021 YLR 1517 PESHAWAR-HIGH-COURT
Syed MAQBOOL SHAH VS State Dispensation of justice and enforcement of rights are the two chief objectives a civilized community is supposed to accomplish---Timely disposal of dispute and redressal of grievances are two sure signs of effecti…
2021 YLR 1517 PESHAWAR-HIGH-COURT
Syed MAQBOOL SHAH VS State Ss. 173, 175 & 154---Report of police officer---Power to summon persons---Information in cognizable cases---Scope---Section 173, Cr.P.C. provides that every investigation shall be completed without unnecessary del…
2021 YLR 1517 PESHAWAR-HIGH-COURT
Syed MAQBOOL SHAH VS State S. 494---Effect of withdrawal from prosecution---Scope---Public Prosecutor has the power to withdraw prosecution if reasonable ground exists under S.494, Cr.P.C.---Consent will be given by the Public Prosecutor on…
2021 YLR 1560 PESHAWAR-HIGH-COURT
MEHBOOB-UR-REHMAN VS State S. 497---Penal Code (XLV of 1860), S. 149--- Bail--- Common object---Vicarious liability---Scope---Question of vicarious liability is always to be seen by the Trial Court.
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