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 PLD 68 PESHAWAR-HIGH-COURT
GUL ZAMEEN VS GOVERNMENT OF KHYBER PAKHTUNKHWA through Secretary Home and Tribal Affairs, Peshawar art. 45---President's power to grant pardon---Executive function---Under art. 45 of the Constitution, the President enjoyed unfettered powers…
2021 PLD 68 PESHAWAR-HIGH-COURT
GUL ZAMEEN VS GOVERNMENT OF KHYBER PAKHTUNKHWA through Secretary Home and Tribal Affairs, Peshawar Punitive law---Principle---While interpreting the provision of punitive law, Court was required to strive in search of an interpretation, whi…
2021 PLD 68 PESHAWAR-HIGH-COURT
GUL ZAMEEN VS GOVERNMENT OF KHYBER PAKHTUNKHWA through Secretary Home and Tribal Affairs, Peshawar Chap. 8, Rr.201-A & 214-A---Grant of remission to prisoner---Scope---Remission being granted under the Prison Rules, 1978---Chap. 8 of Prison…
2021 YLR 2194 PESHAWAR-HIGH-COURT
MUDASAR SHAH VS State Ss. 302(b), 324, 34, 109 & 212---Qatl-i-amd, attempt to commit qatl-i-amd, common intention, abetment, harbouring offender---Appreciation of evidence---Benefit of doubt---Un-natural conduct of complainant---Scope---Acc…
2021 YLR 2224 PESHAWAR-HIGH-COURT
UMAIR SHOUKAT VS State Ss. 164-B & 497---Penal Code (XLV of 1860), S. 377---Khyber Pakhtunkhwa Child Protection and Welfare Act (XIII of 2010), S. 53---Sodomy and sexual abuse---Bail, grant of---DNA test, non-conducting of---Confessional st…
2021 YLR 2233 PESHAWAR-HIGH-COURT
MUJTABA HASSAN VS State S. 497---Penal Code (XLV of 1860), S. 302---Qatl-i-amd---Bail, grant of---Unseen occurrence---Further inquiry---Scope---Accused was behind the bars on the charge of murder of the son of complainant---Incident was uns…
2021 YLR 2233 PESHAWAR-HIGH-COURT
MUJTABA HASSAN VS State S. 497---Bail---Further inquiry---Scope---Where case of accused required further probe to establish his involvement in the commission of offence through reliable evidence as provided under subsection (2) of S. 497, C…
2021 YLR 2233 PESHAWAR-HIGH-COURT
MUJTABA HASSAN VS State S. 497---Bail---Statement of facts---Scope---Facts of the case need not to be mentioned at bail stage.
2021 YLR 2233 PESHAWAR-HIGH-COURT
MUJTABA HASSAN VS State S. 497---Bail---Principle---Bail does not mean acquittal of accused but only change of custody from Government Agencies to the sureties, who on furnishing bonds take responsibility to produce the accused whenever and…
2021 YLR 2273 PESHAWAR-HIGH-COURT
ZIA ULLAH VS State S. 9(c)---Possession of Narcotics---Appreciation of evidence---Prosecution case was that two plastic sacks, one containing 11 packets of heroin, each packet weighing 1025 grams and another sack containing 16 packets of he…
2021 YLR 2294 PESHAWAR-HIGH-COURT
KHYAL WAZIR MUHAMMAD VS ABDUL JABIR Witness--- Hostile witness--- Scope---Statement of hostile witness could not be discarded in toto and had to be considered like the evidence of any other witness, but with caution.
2021 YLR 2294 PESHAWAR-HIGH-COURT
KHYAL WAZIR MUHAMMAD VS ABDUL JABIR Evidence--- Scope--- Criminal case was to be decided on the basis of evidence adduced by the prosecution---Suspicion, however grave or strong could never be a proper substitute for the standard of proof r…
2021 YLR 2294 PESHAWAR-HIGH-COURT
KHYAL WAZIR MUHAMMAD VS ABDUL JABIR Site plan, preparation of---Scope---Site plan would lose its evidentiary value if not prepared on the pointation of witnesses.
2021 YLR 2294 PESHAWAR-HIGH-COURT
KHYAL WAZIR MUHAMMAD VS ABDUL JABIR Ss. 302 & 34---Qatl-i-amd, common intention---Appreciation of evidence---Appeal against acquittal---Recovery of weapon and crime empties---Scope---Accused were charged for committing murder of wife of com…
2021 YLR 2294 PESHAWAR-HIGH-COURT
KHYAL WAZIR MUHAMMAD VS ABDUL JABIR S.164---Judicial confession---Scope---For acceptance of judicial confession, two essentials were the sine qua none, which must be fulfilled---Firstly, the confession was made voluntarily and was based on…
2021 YLR 2294 PESHAWAR-HIGH-COURT
KHYAL WAZIR MUHAMMAD VS ABDUL JABIR Medical evidence--- Scope--- Post-mortem report of the deceased confirmed the ocular evidence with regards to receipt of injuries, nature of the injuries, kinds of weapon used in the commission of offence…
2021 YLR 2294 PESHAWAR-HIGH-COURT
KHYAL WAZIR MUHAMMAD VS ABDUL JABIR Ss. 302 & 34---Qatl-i-amd, common intention---Appeal against acquittal---Appreciation of evidence---Benefit of doubt---Accused were charged for committing murder of wife of complainant and another person…
2021 YLR 2294 PESHAWAR-HIGH-COURT
KHYAL WAZIR MUHAMMAD VS ABDUL JABIR Benefit of doubt---Principle---Single circumstance creating reasonable doubt in a prudent mind about the guilt of the accused would entitle him to benefit not as a matter of grace and concession but as a…
2021 YLR 2294 PESHAWAR-HIGH-COURT
KHYAL WAZIR MUHAMMAD VS ABDUL JABIR S. 164---Confessional statement---Retraction---Scope---Retracted judicial confession might be treated sufficient to sustain a conviction, if found voluntary and true, but as a rule of prudence, the same s…
2021 YLR 2294 PESHAWAR-HIGH-COURT
KHYAL WAZIR MUHAMMAD VS ABDUL JABIR Double presumption of innocence---Interference---acquittal carried double presumption of innocence---Judgment of acquittal could not be set aside unless same was perverse, ridiculous, artificial and resul…
2021 YLR 2294 PESHAWAR-HIGH-COURT
KHYAL WAZIR MUHAMMAD VS ABDUL JABIR Expert opinion---Scope---Opinion of the expert had a corroborative value only and was useful for ascertaining whether the direct evidence was true or not.
2021 YLR 2358 PESHAWAR-HIGH-COURT
AFZAL KHALIQ VS NATIONAL ACCOUNTABILITY BUREAU Ss. 9(a) & 9(b)---Constitution of Pakistan, Art.199---Constitutional petition---Bail, grant of---Delay in conclusion of trial---Long list of prosecution witnesses---Accused was arrested on 13-7…
2021 YLR 2378 PESHAWAR-HIGH-COURT
Syed ASHFAQ ANWAR VS SECRETARY, HOUSING PESHAWAR S.10---allotment of flats/appartments---Eligibility---Promissory estopple, principle of---applicability---Petitioners had been serving in Khyber Pakhtunkhwa government for more than five year…
2021 YLR 2432 PESHAWAR-HIGH-COURT
Mst. MARIA AZIZ VS MUHAMMAD NAWAZ art. 162---Civil Procedure Code (V of 1908), S. 114 & O.XLVII, R.1---Review petition, filing of---Limitation---Held, that the review petitions, in the present case, were filed with a delay of nineteen (19)…
2021 YLR 2432 PESHAWAR-HIGH-COURT
Mst. MARIA AZIZ VS MUHAMMAD NAWAZ S. 114 & O.XLVII, R.1---Khyber Pakhtunkhwa Urban Rent Restriction Ordinance (VI of 1959), S. 13(2)(vi)---Review---Scope---Eviction of tenant---Personal bona fide need---Reconstruction of demised property---…
2021 PLD 27 PESHAWAR-HIGH-COURT
BAHRAMAND KHAN (NAZIM) VS GOVERNMENT OF KHYBER PAKHTUNKHWA S. 6---Constitution of Pakistan, Art. 199---Districts to be divided into Sub-Divisions---Scope---Petitioners sought declaration to the effect that notification whereby the concerned…
2021 CLD 1224 PESHAWAR-HIGH-COURT
Haji ABDUR RASHID ARIF VS BANK OF KHYBER Ss. 7, 9 & 22---Civil Procedure Code (V of 1908) O. VII R. 11---Procedure of Banking Court---Suit for recovery---Rejection of plaint by Banking Court---Estoppel---Scope---Plaintiff customer's suit ag…
2021 CLD 1248 PESHAWAR-HIGH-COURT
NATIONAL BANK OF PAKISTAN CITY BRANCH, PESHAWAR VS HAROON QAYYUM Ss. 27, 9 & 22---Suit for recovery---Decree of Banking Court---Finality of order---Correction of decretal amount by Banking Court---Scope---Plaintiff Bank impugned order of Ba…
2021 CLD 1301 PESHAWAR-HIGH-COURT
RABNAWAZ VS Z.T.B.L. KATLANG BRANCH MARDAN Ss. 9, 7 & 22---Banker's Books Evidence Act (XVIII of 1891), S. 4---Procedure of Banking Court---Suit for recovery---Ex parte decree, setting aside of---Statement of accounts, effect of non-certifi…
2021 CLD 1345 PESHAWAR-HIGH-COURT
IRFANULLAH VS STANDARD CHARTERED BANK OF PAKISTAN Ss. 9 & 22---Bankers' Books Evidence Act (XVIII of 1891), S. 4---Limitation Act (IX of 1908), Art. 132--- Suit for recovery of finances---Limitation---House building loan---Mortgage property…
2021 CLD 1367 PESHAWAR-HIGH-COURT
HAQ NAWAZ VS HABIB BANK LIMITED through Manager, PAF Branch, Peshawar Ss. 10, 9 & 22---Suit for recovery---Procedure of Banking Court---Application for leave to defend, adjudication of---Statement of account---Brought-Forward Entries in sta…
2021 CLD 1377 PESHAWAR-HIGH-COURT
MEHBOOB ALI KHAN, MANAGING DIRECTOR SPINGHAR SILK MILLS PVT. LIMITED CHARBAGH, DISTRICT SWAT VS STATE BANK OF PAKISTAN arts. 25 & 199---State Bank of Pakistan Circular No. I of 2011---Constitutional petition---Discrimination---Package of Fi…
2021 CLD 1396 PESHAWAR-HIGH-COURT
MUHAMMAD KARIM VS UNITED BANK LIMITED Ss. 10, 9, & 22---Procedure of Banking Court--- Suit for recovery---Application for leave to defend, adjudication of---Substantial questions of law and fact---Scope---Defendants impugned order of Bankin…
2021 CLD 1413 PESHAWAR-HIGH-COURT
HUSSAIN KHAN VS HABIB BANK LIMITED Ss. 10,9 & 22---Procedure of Banking Court --- Suit for recovery---Application for leave to defend--Statement of accounts---Debit Entries in statement of account after expiry of finance facility---Modifica…
2021 CLD 1418 PESHAWAR-HIGH-COURT
MUHAMMAD AMIR SAFDAR VS The BANK ALFALAH LIMITED Ss. 9(5), 10 & 22--- Procedure of Banking Court--- Suit for recovery---Effective service upon defendants---Ex parte decree, setting aside of---Defendants impugned order of Banking Court where…
2021 CLD 1438 PESHAWAR-HIGH-COURT
MALIK LIGHTING VS UNITED BANK LIMITED Ss. 10, 9 & 22---Procedure of Banking Court---Suit for recovery---Application for leave to defend---Statement of accounts---Scope-Defendant impugned order of Banking Court whereby its application for le…
2021 PLD 29 PESHAWAR-HIGH-COURT
FARJAN KHAN VS KAMRAN KHAN Ss. 8, 12, 39 & 42---Civil Procedure Code (V of 1908), S.35-a & O.XV-a--- Suit for recovery of possession of immovable property, specific performance of agreement to sell, cancellation of document, declaration and…
2021 PLD 29 PESHAWAR-HIGH-COURT
FARJAN KHAN VS KAMRAN KHAN O. XV-a [as inserted in Khyber Pakhtunkhwa]---Summary judgment---Scope---Disposal of cases through summary judgments was earlier limited to only those cases where defendant admitted claim of plaintiff as a whole a…
2021 PTD 130 PESHAWAR-HIGH-COURT
COLLECTOR SALES TAX VS ARMY WELFARE TRUST-NIZAMPUR CEMENT PLANT 47 & 30---Reference to High Court---Persons authorized to file Reference under S.47 of Sales Tax Act, 1990 on behalf of Department---Nature of S.47 of Sales Tax Act, 1990---Sco…
2021 PTD 130 PESHAWAR-HIGH-COURT
COLLECTOR SALES TAX VS ARMY WELFARE TRUST-NIZAMPUR CEMENT PLANT Construction of statutory authority to public officials in a statute---Authority / power to file appeal or reference on behalf of public Department---Scope---Appeal under any s…
2021 PTD 693 PESHAWAR-HIGH-COURT
AKHTAR COMPUTERS PAKISTAN VS ADDITIONAL COLLECTOR Preamble---Finance Act (III of 2006), Preamble & S.1---Provisional Collection of Taxes Act (XVI of 1931), S.3---Commencement of the Finance Act, 2006---Amendment by Finance Act, 2006 in the…
2021 PTD 795 PESHAWAR-HIGH-COURT
GUL AYAZ PLASTIC INDUSTRY VS TRIBAL AREAS ELECTRIC SUPPLY COMPANY, WAPDA HOUSE Ss.13(2)(a) & 159---Sales Tax act (VII of 1990), Ss.3 & 13 (2)(a)---Notifications SRO No.1212(I)/2018, dated 5-10-2018---SRO No.1213(I)/2018, dated 5-10-2018---a…
2021 PTD 822 PESHAWAR-HIGH-COURT
COLLECTOR OF CUSTOMS, MODEL CUSTOMS COLLECTORATE, PESHAWAR VS NOOR SHER ALI Ss. 168, 162 & 163---Seizure of things liable to confiscation---Power to issue search warrant---Power to search and arrest without warrant---Scope---Law through the…
2021 PTD 822 PESHAWAR-HIGH-COURT
COLLECTOR OF CUSTOMS, MODEL CUSTOMS COLLECTORATE, PESHAWAR VS NOOR SHER ALI When a thing is to be done in a particular manner, it must be done in that manner and not otherwise.
2021 PTD 822 PESHAWAR-HIGH-COURT
COLLECTOR OF CUSTOMS, MODEL CUSTOMS COLLECTORATE, PESHAWAR VS NOOR SHER ALI Ss. 168, 162 & 163---Seizure of things liable to confiscation---Power to issue search warrant to search and arrest without warrant---Scope---Department conducted ra…
2021 PTD 822 PESHAWAR-HIGH-COURT
COLLECTOR OF CUSTOMS, MODEL CUSTOMS COLLECTORATE, PESHAWAR VS NOOR SHER ALI Ss. 168, 162 & 163---Seizure of things liable to confiscation---Power to issue search warrant; search and arrest without warrant---Scope---Perusal of Ss. 162 & 163…
2021 PTD 962 PESHAWAR-HIGH-COURT
COLLECTOR CUSTOMS, MODEL CUSTOMS COLLECTORATE, PESHAWAR VS DIYAR MUHAMMAD KHAN Ss.2(s), 168 & 196---Foreign Exchange Regulations Act (VII of 1947), S.8---Notification No.SRO 760(I)/2013 dated 2-9-2013---"Smuggling"---Seizure of goods---Opti…
2021 PTD 1273 PESHAWAR-HIGH-COURT
HAMDAAN ENTERPRISES VS COLLECTOR OF CUSTOMS (APPRAISEMENT AND FACILITATION) MCC, CUSTOMS HOUSE, PESHAWAR Ss.16, 17 & 194---Prohibition and restriction on import of certain goods---Detention, seizure and confiscation of such goods---Release…
2021 PTD 1360 PESHAWAR-HIGH-COURT
COLLECTOR OF CUSTOMS, MODEL CUSTOM COLLECTORATE, PESHAWAR VS FAISAL RASOOL Ss.2(c), 16, 139 & 196---Imports and Exports (Control) Act (XXXIX of 1950), S.3---Reference---Gold, non-declaring of---Respondent was accused of bringing gold jewelr…
2021 PTD 1423 PESHAWAR-HIGH-COURT
TAMEER STEEL ZONE VS GOVERNMENT OF PAKISTAN through Federal Secretary Finance Ss.3, 64 & 70---Constitution of Pakistan, Art.199---Constitutional petition--- Alternate and efficacious remedy---Factual controversy---Petitioners were aggrieved…
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