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 SCMR 360 SUPREME-COURT
MUHAMMAD SARWAR VS Mst. RAZIA SULTANA O. XLI, R. 25---Remand of case to Trial Court after framing of additional issues by the Appellate Court---Rule 25 of O. XLI, C.P.C. clearly provided that the Trial Court, on remand, was to try the addit…
2022 SCMR 360 SUPREME-COURT
MUHAMMAD SARWAR VS Mst. RAZIA SULTANA art. 185(3)---Consent order passed by the High Court---Petition for leave to appeal before the Supreme Court---Competency---No petition for leave to appeal laid against a consent order (of the High Cour…
2022 SCMR 363 SUPREME-COURT
MUHAMMAD BAQIR VS State S. 497(5)---Constitution of Pakistan, Art. 185(3)---Penal Code (XLV of 1860), Ss. 302, 109, 148, 149 & 452---Murderous assault after house trespass---Bail, cancellation of---Accused was nominated in the crime report…
2022 SCMR 366 SUPREME-COURT
SUPREME COURT EMPLOYEES CO-OPERATIVE HOUSING SOCIETY, ISLAMABAD VS MARSHAL CONSTRUCTION MANAGEMENT O. XXXIX, Rr. 1 & 2---Interim injunction---Basic ingredients---For grant of an interim injunction the party approaching the Court must show p…
2022 SCMR 366 SUPREME-COURT
SUPREME COURT EMPLOYEES CO-OPERATIVE HOUSING SOCIETY, ISLAMABAD VS MARSHAL CONSTRUCTION MANAGEMENT Ss. 42, 54 & 56---Civil Procedure Code (V of 1908), O. XXXIX, Rr. 1 & 2---Suit for declaration and permanent injunction---Supreme Court Emplo…
2022 SCMR 366 SUPREME-COURT
SUPREME COURT EMPLOYEES CO-OPERATIVE HOUSING SOCIETY, ISLAMABAD VS MARSHAL CONSTRUCTION MANAGEMENT O.XXXIX, Rr. 1 & 2---Interim injunction, application for---Scope---Orders passed on interim applications do not have any binding effect on th…
2022 SCMR 374 SUPREME-COURT
SAQIB ALI KHOKHAR, DIRECTOR (REGIONAL)/ADDITIONAL DIRECTOR VS INAYATULLAH LOHAR Ss. 15(2) & 15(3)---Sindh Technical Education and Vocational Training Authority Employees (Appointment, Promotion and Transfer) Rules, 2012, R. 13---Sindh Civil…
2022 SCMR 381 SUPREME-COURT
SECRETARY FINANCE, FINANCE DIVISION PAK. SECRETARIAT, ISLAMABAD VS MUHAMMAD FAROOQ KHAN Rr. 7 & 8---Time scale promotion from BPS-17 to BPS-18 without change in designation of post---Premature increment, eligibility for---Employee granted t…
2022 SCMR 393 SUPREME-COURT
PERVAIZ KHAN VS State S. 302(b)--- Qatl-i-amd--- Reappraisal of evidence---Benefit of doubt---Source of light mentioned by the prosecution was a tractor, on which allegedly three eye-witnesses were sitting---However according to the police…
2022 SCMR 393 SUPREME-COURT
PERVAIZ KHAN VS State S. 302(b)---Qatl-i-amd---Reappraisal of evidence---Accused and co-accused with similar roles---Evidence found doubtful to the extent of acquitted co-accused not sustainable for convicting the accused---In the present c…
2022 SCMR 399 SUPREME-COURT
ABDUL REHMAN VS Mst. ALLAH WASAI Inheritance---Dispute between sisters and mother of deceased over his faith/sect---When the impugned inheritance mutation was initially entered and sanctioned (in favour of the deceased's mother), she did no…
2022 SCMR 399 SUPREME-COURT
ABDUL REHMAN VS Mst. ALLAH WASAI S. 3, First Sched. & art. 120---Specific Relief act (I of 1877), S. 42---Inheritance---Co-sharer---Suit for declaration seeking share in inheritance---Limitation---Six-year period of limitation provided by a…
2022 SCMR 399 SUPREME-COURT
ABDUL REHMAN VS Mst. ALLAH WASAI Inheritance---Sect of deceased---Principles and presumption as to the sect of a deceased Muslim stated.
2022 SCMR 406 SUPREME-COURT
GOVERNMENT OF KHYBER PAKHTUNKHWA VS SHER AMAN art. 199---Civil service---Project posts---Constitutional jurisdiction of the High Court---Scope---Once the project in question had come to an end and the project employees were relieved from th…
2022 SCMR 406 SUPREME-COURT
GOVERNMENT OF KHYBER PAKHTUNKHWA VS SHER AMAN Contract employees--- Regularization in service--- Contractual employees had no vested right of regularization---Regularization cannot take place without statutory backing---In the absence of an…
2022 SCMR 406 SUPREME-COURT
GOVERNMENT OF KHYBER PAKHTUNKHWA VS SHER AMAN art. 199---Constitutional jurisdiction of the High Court---Scope---Discretionary jurisdiction under art. 199 of the Constitution could not be exercised in a vacuum; it must be grounded on valid…
2022 SCMR 406 SUPREME-COURT
GOVERNMENT OF KHYBER PAKHTUNKHWA VS SHER AMAN art. 199---Civil service---Contractual employment---Project posts---Constitutional jurisdiction of the High Court---Scope---High Court could not step into the shoes of the appointing authority--…
2022 SCMR 406 SUPREME-COURT
GOVERNMENT OF KHYBER PAKHTUNKHWA VS SHER AMAN Contractual employee adjusted against a permanent post in a department---Legality---Permanent posts in a department were required to be filled in a transparent manner, after due advertisement, o…
2022 SCMR 419 SUPREME-COURT
NAEEM KHAN VS State S. 497(2)---Constitution of Pakistan, Art. 185(3)---Prevention of Corruption Act (II of 1947), S. 5(2)---Penal Code (XLV of 1860), S. 409---Embezzlement by government employee---Bail, grant of---Further inquiry---As per…
2022 SCMR 419 SUPREME-COURT
NAEEM KHAN VS State S. 497---Constitution of Pakistan, Art. 185(3)---Bail---Abscondment of accused---Effect---Mere abscondment of accused was not a conclusive proof of his guilt---Value of abscondment, therefore, depended on the facts of ea…
2022 SCMR 422 SUPREME-COURT
SAKHI JAN VS QAMAR ALI KHAN Ss. 9 & 20---Co-sharers---Right of pre-emption on basis of contiguity---Distribution of the property under S. 20 of the Khyber Pakhtunkhwa Pre-emption Act, 1987 between the parties having equal status and right o…
2022 SCMR 426 SUPREME-COURT
FAWAD AHMAD MUKHTAR VS COMMISSIONER INLAND REVENUE (ZONE-II),REGIONAL TAX OFFICE, MULTAN Tax statute---Exemption clause---Retrospective effect---Scope---Exemption clause has a beneficial effect---Simply because a statutory provision has a b…
2022 SCMR 426 SUPREME-COURT
FAWAD AHMAD MUKHTAR VS COMMISSIONER INLAND REVENUE (ZONE-II),REGIONAL TAX OFFICE, MULTAN Ss. 2(19)(a), 4(4), 4(5), 5, 8 & 39---Dividend in specie---Income liable to tax---Scope---Dividend in specie received by the taxpayer is income and tax…
2022 SCMR 426 SUPREME-COURT
FAWAD AHMAD MUKHTAR VS COMMISSIONER INLAND REVENUE (ZONE-II),REGIONAL TAX OFFICE, MULTAN S. 150--- Dividend in specie--- Section 150 of the Income Tax Ordinance, 2001 did not apply to dividend in specie.
2022 SCMR 426 SUPREME-COURT
FAWAD AHMAD MUKHTAR VS COMMISSIONER INLAND REVENUE (ZONE-II),REGIONAL TAX OFFICE, MULTAN Each tax year is a separate unit of account and taxation and the law has to be applied as it stood in respect of that tax year alone.
2022 SCMR 426 SUPREME-COURT
FAWAD AHMAD MUKHTAR VS COMMISSIONER INLAND REVENUE (ZONE-II),REGIONAL TAX OFFICE, MULTAN Ss. 5 & 150---Dividends, tax on---Sections 5 & 150 of the Income Tax Ordinance, 2001 ('the 2001 Ordinance')---Distinction---Section 5 speaks of the div…
2022 SCMR 439 SUPREME-COURT
PROVINCE OF SINDH VS SHAHZAD HUSSAIN TALPUR appointment---Use of the term "competent authority" in notifications, orders, office memorandums, instructions, letters and other communications---Deprecated---Using the term 'competent authority'…
2022 SCMR 439 SUPREME-COURT
PROVINCE OF SINDH VS SHAHZAD HUSSAIN TALPUR R. 4(1)---Sindh Public Service Commission (Functions) Rules, 1990, R. 3(1)(i)---Special Auditor, Cooperative Societies---Appointment, legality of---Special Auditor was required to be selected by t…
2022 SCMR 448 SUPREME-COURT
BASHIR AHMED BADINI, D&SJ, DERA ALLAH YAR VS HON'BLE CHAIRMAN AND MEMBER OF ADMINISTRATION COMMITTEE AND PROMOTION COMMITTEE OF HON'BLE HIGH COURT OF BALOCHISTAN antedated promotion---Departmental Promotion Committee (DPC)---Delay in holdin…
2022 SCMR 448 SUPREME-COURT
BASHIR AHMED BADINI, D&SJ, DERA ALLAH YAR VS HON'BLE CHAIRMAN AND MEMBER OF ADMINISTRATION COMMITTEE AND PROMOTION COMMITTEE OF HON'BLE HIGH COURT OF BALOCHISTAN Promotion---Eligibility and fitness---Distinction---Question of eligibility is…
2022 SCMR 448 SUPREME-COURT
BASHIR AHMED BADINI, D&SJ, DERA ALLAH YAR VS HON'BLE CHAIRMAN AND MEMBER OF ADMINISTRATION COMMITTEE AND PROMOTION COMMITTEE OF HON'BLE HIGH COURT OF BALOCHISTAN Cause of action---Scope---Cause of action is predominantly a technical legal t…
2022 SCMR 448 SUPREME-COURT
BASHIR AHMED BADINI, D&SJ, DERA ALLAH YAR VS HON'BLE CHAIRMAN AND MEMBER OF ADMINISTRATION COMMITTEE AND PROMOTION COMMITTEE OF HON'BLE HIGH COURT OF BALOCHISTAN R. 19---ad-hoc employee---No vested right of regular appointment---Scope---ad…
2022 SCMR 448 SUPREME-COURT
BASHIR AHMED BADINI, D&SJ, DERA ALLAH YAR VS HON'BLE CHAIRMAN AND MEMBER OF ADMINISTRATION COMMITTEE AND PROMOTION COMMITTEE OF HON'BLE HIGH COURT OF BALOCHISTAN R. 8-B--- acting charge appointment--- Scope---acting charge appointment does…
2022 SCMR 448 SUPREME-COURT
BASHIR AHMED BADINI, D&SJ, DERA ALLAH YAR VS HON'BLE CHAIRMAN AND MEMBER OF ADMINISTRATION COMMITTEE AND PROMOTION COMMITTEE OF HON'BLE HIGH COURT OF BALOCHISTAN R. 19---ad-hoc employee---Seniority---Seniority in the grade to which a civil…
2022 SCMR 448 SUPREME-COURT
BASHIR AHMED BADINI, D&SJ, DERA ALLAH YAR VS HON'BLE CHAIRMAN AND MEMBER OF ADMINISTRATION COMMITTEE AND PROMOTION COMMITTEE OF HON'BLE HIGH COURT OF BALOCHISTAN Seniority---Retrospective effect---Seniority with retrospective effect cannot…
2022 SCMR 448 SUPREME-COURT
BASHIR AHMED BADINI, D&SJ, DERA ALLAH YAR VS HON'BLE CHAIRMAN AND MEMBER OF ADMINISTRATION COMMITTEE AND PROMOTION COMMITTEE OF HON'BLE HIGH COURT OF BALOCHISTAN Merger, doctrine of---Scope and applicability---In case an appeal or revision…
2022 SCMR 448 SUPREME-COURT
BASHIR AHMED BADINI, D&SJ, DERA ALLAH YAR VS HON'BLE CHAIRMAN AND MEMBER OF ADMINISTRATION COMMITTEE AND PROMOTION COMMITTEE OF HON'BLE HIGH COURT OF BALOCHISTAN Promotion---'Eligibility' and 'fitness'---Factors to be considered---Eligibili…
2022 SCMR 448 SUPREME-COURT
BASHIR AHMED BADINI, D&SJ, DERA ALLAH YAR VS HON'BLE CHAIRMAN AND MEMBER OF ADMINISTRATION COMMITTEE AND PROMOTION COMMITTEE OF HON'BLE HIGH COURT OF BALOCHISTAN Judgment in rem---Scope---Where the Tribunal or the Supreme Court decides a po…
2022 SCMR 472 SUPREME-COURT
GOVERNMENT OF KHYBER PAKHTUNKHWA VS INTIZAR ALI 'Ultra vires' and 'illegal'---Distinction---Term 'ultra vires' literally means "beyond powers" or "lack of power"; it signifies a concept distinct from "illegality"---In the loose or the wides…
2022 SCMR 472 SUPREME-COURT
GOVERNMENT OF KHYBER PAKHTUNKHWA VS INTIZAR ALI Temporary/contract/project employees---Such employees had no vested right to claim regularization.
2022 SCMR 472 SUPREME-COURT
GOVERNMENT OF KHYBER PAKHTUNKHWA VS INTIZAR ALI arts. 4 & 9---Civil service---Government departments---Practice of not formulating statutory rules of service---Such practice was deprecated by the Supreme Court.
2022 SCMR 472 SUPREME-COURT
GOVERNMENT OF KHYBER PAKHTUNKHWA VS INTIZAR ALI Natural and ordinary meaning of words---When meaning of a statute is clear and plain language of statute requires no other interpretation then intention of Legislature conveyed through such la…
2022 SCMR 472 SUPREME-COURT
GOVERNMENT OF KHYBER PAKHTUNKHWA VS INTIZAR ALI S. 7 & Preamble--- Sacked employees--- Pre-requisites for reinstatement under the Khyber Pakhtunkhwa Sacked Employees (Appointment) Act, 2012 ('the 2012 Act')---To become eligible to get the r…
2022 SCMR 472 SUPREME-COURT
GOVERNMENT OF KHYBER PAKHTUNKHWA VS INTIZAR ALI arts. 185 & 199---Factual controversies---Superior Courts can not engage in factual controversies---Matters pertaining to factual controversy can only be resolved after thorough inquiry and re…
2022 SCMR 487 SUPREME-COURT
MUHAMMAD SHABBIR VS QUAID-E-AZAM UNIVERSITY through Vice-Chancellor, Islamabad Ss. 33 & 53---Industrial Relations Act (IV of 2008), S. 87(3)---Repeal of Industrial Relations Act, 2008 ('Act of 2008')---Disputes between workers and employers…
2022 SCMR 487 SUPREME-COURT
MUHAMMAD SHABBIR VS QUAID-E-AZAM UNIVERSITY through Vice-Chancellor, Islamabad Scope---Common and pre-dominant feature of de facto doctrine is in relation to exercise of power by holder of the public office, when it is found to be not legal…
2022 SCMR 515 SUPREME-COURT
SALMAN KHAN VS State S. 497(1)---Constitution of Pakistan, Art. 185(3)---Penal Code (XLV of 1860), Ss. 302, 319, 322, 324 & 34---Qatl-bis-sabab, qatl-i-khata---Bail, grant of---Four members of the law enforcement agency, including the accus…
2022 SCMR 518 SUPREME-COURT
MUHAMMAD ANWAR VS CHAIRMAN WAPDA art. 486---Emoluments and average Emoluments-- Pensionary benefits, calculation of---Scope---Consistent with Civil Service Regulations (CSR), art. 486, emoluments are to be calculated upon what the officer w…
2022 SCMR 518 SUPREME-COURT
MUHAMMAD ANWAR VS CHAIRMAN WAPDA Conditional or qualified grant---Scope----No vested right can be claimed on the basis of a conditional or qualified grant unless its conditions are fulfilled.
2022 SCMR 523 SUPREME-COURT
MUHAMMAD NAEEM HASSAN VS State S. 497(2)---Penal Code (XLV of 1860), Ss. 302 & 34---Constitution of Pakistan, Art. 185(3)---Qatl-i-amd, common intention---Bail, grant of---Further inquiry---Complainant claimed that he was an eye-witness of…
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