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
2023 PLD 231 KARACHI-HIGH-COURT-SINDH
MUHAMMAD RAFIQUE AGHANI VS MUHAMMAD ALI AGHANI O. XLI, R. 31---Contents of judgment---Scope---It is substantial compliance of O. XLI, R. 31, C.P.C., if the finding on a question of fact has been arrived on proper and legal evidence.
2023 PLD 231 KARACHI-HIGH-COURT-SINDH
MUHAMMAD RAFIQUE AGHANI VS MUHAMMAD ALI AGHANI arts. 79 & 129(g)---Proof of execution of document required by law to be attested---Withholding best evidence---Scope---Where mandatory requirement of art. 79 of the Qanun-e-Shahadat, 1984, is…
2023 CLC 1422 KARACHI-HIGH-COURT-SINDH
GUNVOR SINGAPORE PTE, LTD. VS PAKISTAN LNG LIMITED S.74---Civil Procedure Code (V of 1908), O.XXXIX, Rr. 1 & 2---Specific Relief act (I of 1877), Ss. 42 & 54---Suit for declaration and injunction---Interim injunction, refusal of---Compensat…
2023 CLC 1495 KARACHI-HIGH-COURT-SINDH
PAKISTAN DEFENCE OFFICERS HOUSING AUTHORITY VS Mst. GUL RUKH SAMINA BUTT Ss.42 & 54---Civil Procedure Code (V of 1908), S.11 & O.VII, R.11---Financial Institutions (Recovery of Finances) Ordinance (XLVI of 2001), S.27---Suit for declaration…
2023 CLC 1523 KARACHI-HIGH-COURT-SINDH
ALI NAWAZ VS SAHABUDDIN S.16---arrears of monthly rent---Statutory tenant---Petitioner / tenant was aggrieved of order passed by Rent Controller directing him to deposit monthly rent and arrears of rent---Order passed by Rent Controller was…
2023 CLC 1684 KARACHI-HIGH-COURT-SINDH
NINA INDUSTRIES LTD. VS E.F.U. GENERAL INSURANCE LIMITED O.XXXVII, R. 2---Suit for recovery of money---Leave to defend suit, grant of---Dishonored cheques---Conditional leave---Principle---Appellant/defendant was not granted leave to defend…
2023 CLC 1739 KARACHI-HIGH-COURT-SINDH
UNIVERSAL TRACK (PVT.) LTD. VS FEDERATION OF PAKISTAN through Ministry of Petroelum O.II, R.2 & O.XXXIX, Rr. 1 & 2---Specific Relief act (I of 1877), Ss. 42 & 54---Suit for declaration and permanent injunction---Interim injunction, refusal…
2023 CLC 1761 KARACHI-HIGH-COURT-SINDH
TEHREEK JADEED ANJUMAN AHMEDIA VS MUHAMMAD ISHAQUE Ss.42 & 54---Qanun-e-Shahadat (10 of 1984), Arts.79, 117 & 120---Civil Procedure Code (V of 1908), S. 115---Suit for declaration and injunction---Gift, proof of---Onus to prove---Concurrent…
2023 CLC 1761 KARACHI-HIGH-COURT-SINDH
TEHREEK JADEED ANJUMAN AHMEDIA VS MUHAMMAD ISHAQUE arts. 117 & 120---Gift deed, non-execution of---Onus to prove---If gift is challenged by donor then burden to prove its genuineness shifts upon its beneficiary / donee.
2023 CLC 1761 KARACHI-HIGH-COURT-SINDH
TEHREEK JADEED ANJUMAN AHMEDIA VS MUHAMMAD ISHAQUE S. 3---Fraud and collusion---Limitation---Where fraud and collusion are alleged and established, question of limitation does not and cannot help beneficiary of such fraud and collusion---Fr…
2023 CLC 1795 KARACHI-HIGH-COURT-SINDH
SAJID HUSSAIN VS PAKISTAN INTERNATIONAL AIRLINES CORPORTION Ss. 42 & 54---Dismissal from service---Suit for declaration, injunction and recovery of damages---Amendment in pleadings---Complexion of suit, change of---Cause of action, absence…
2023 CLC 1805 KARACHI-HIGH-COURT-SINDH
HASSAN ALI & CO. COTTON (PVT.) LTD. VS TRADING CORPORATION OF PAKISTAN S. 3---Limitation Act (IX of 1908), S. 3---High Court Appeal---Limitation---Scope---Appellant filed a High Court Appeal against order dated 08-08-2016, which was numbere…
2023 CLC 1817 KARACHI-HIGH-COURT-SINDH
MUHAMMAD HAZIQ ALI KHAN VS IXth ADDITIONAL DISTRICT JUDGE, HYDERABAD Ss.2(f), 2(j) & 15---Specific Relief act (I of 1877), S.42---Civil Procedure Code (V of 1908), S.9---Constitution of Pakistan, art.199---Constitutional petition---Ejectmen…
2023 CLC 1906 KARACHI-HIGH-COURT-SINDH
MUHAMMAD SAMI alias SHABRATI VS MODEL CIVIL APPELLATE COURT S.15---Constitution of Pakistan, Art. 199---Writ of certiorari---Eviction of tenant---Petitioner/tenant invoked constitutional jurisdiction of the High Court to assail concurrent f…
2023 CLC 1906 KARACHI-HIGH-COURT-SINDH
MUHAMMAD SAMI alias SHABRATI VS MODEL CIVIL APPELLATE COURT S.15---Eviction of tenant---Willful default in payment of rent---Bona fide personal need---Relationship of landlord and tenant, denial of---Goodwill/Pagri---Scope---It was second r…
2023 PLD 235 KARACHI-HIGH-COURT-SINDH
MUHAMMAD YOUNUS BILLOO VS Mrs. PIYARI SADIQ WAHAB S.2(e)---agreement, interpretation of---Heading of agreement---Scope---It is not the heading or caption of an agreement which exclusively determines nature of contract but various clauses th…
2023 PLD 235 KARACHI-HIGH-COURT-SINDH
MUHAMMAD YOUNUS BILLOO VS Mrs. PIYARI SADIQ WAHAB S.15---Specific Relief act (I of 1877), S. 12---Constitution of Pakistan, art. 199---Constitutional petition---Ejectment proceedings---Maintainability---Relationship of landlady and tenant--…
2023 CLC 1933 KARACHI-HIGH-COURT-SINDH
PEER BUX alias PEERAL VS MUSHTAQUE AHMAD Ss. 39, 54 & 55---Suit for cancellation of document, mandatory and permanent injunction---Plaintiff filed a suit seeking the cancellation of a registered deed, revenue entries, damages, and both mand…
2023 CLC 1933 KARACHI-HIGH-COURT-SINDH
PEER BUX alias PEERAL VS MUSHTAQUE AHMAD art.133---Cross-examination---Evidence has to be read as a whole and especially when it has been passed through the test of cross-examination---Cross-examination of a witness affirms what he has stat…
2023 CLC 1933 KARACHI-HIGH-COURT-SINDH
PEER BUX alias PEERAL VS MUSHTAQUE AHMAD art.133---Cross-examination---Scope and purpose---Documents either filed with the evidence or relied upon in the written statement cannot be taken into consideration unless the witness enters into th…
2023 CLC 1933 KARACHI-HIGH-COURT-SINDH
PEER BUX alias PEERAL VS MUSHTAQUE AHMAD arts.132 & 133---Examination and cross-examination of witness---Evidence of a witness has to be looked into as a whole, especially the cross-examination so as to ascertain the veracity and truth of h…
2023 CLC 1933 KARACHI-HIGH-COURT-SINDH
PEER BUX alias PEERAL VS MUSHTAQUE AHMAD Court must make every attempt to separate falsehood from the truth---It should only be in exceptional circumstances, when it is entirely impossible to distinguish the grain from the chaff and when bo…
2023 CLC 1933 KARACHI-HIGH-COURT-SINDH
PEER BUX alias PEERAL VS MUSHTAQUE AHMAD Court, while determining the veracity of a witness's deposition, may take into account his conduct---This assessment is crucial to ascertain the reliability of the witness's testimony.
2023 MLD 1 KARACHI-HIGH-COURT-SINDH
SHAMIM AHMED VS Syed MOUSA RAZA MASHADI S. 12(2)---Bar to further suit---Fraud---Burden of proof---Scope---Concealment of facts by a person having knowledge or belief of facts may constitute fraud but the same must be proved through clear a…
2023 MLD 1 KARACHI-HIGH-COURT-SINDH
SHAMIM AHMED VS Syed MOUSA RAZA MASHADI S. 12(2) & O. IX, R. 8---Bar to further suit---Procedure where only the defendant/respondent appeared---Scope---Petitioners assailed order passed by Executing Court whereby, in an application under S.…
2023 MLD 20 KARACHI-HIGH-COURT-SINDH
SHAKEEL QADIR VS Mst. SHUMAILA UMAIR O.VII, R. 11---Sindh Chief Court Rules (O.S.), R. 121---Rejection of plaint---Plaint liable to be rejected to be submitted to Judge hearing miscellaneous matters---Scope---Additional Registrar in a plain…
2023 MLD 20 KARACHI-HIGH-COURT-SINDH
SHAKEEL QADIR VS Mst. SHUMAILA UMAIR S. 39---Transfer of Property Act (IV of 1882), S. 54---Registration Act (XVI of 1908), S. 49---Civil Procedure Code (V of 1908), O.VII, R. 11---Suit for cancellation of un-registered document---Rejection…
2023 MLD 30 KARACHI-HIGH-COURT-SINDH
Ss. 312 & 278---Letter of administration, grant of---Survival of powers on death of one of several executors or administrators---Scope---Letter of Administration for estate of deceased was granted to brother of deceased who himself later di…
2023 MLD 44 KARACHI-HIGH-COURT-SINDH
Dr. Agha AIJAZ ALI PATHAN VS State admissibility, objection to---Scope---Whenever an objection is raised by the defense over admissibility of some evidence sought to be produced in the trial, the Court is bound to decide it first before pro…
2023 MLD 44 KARACHI-HIGH-COURT-SINDH
Dr. Agha AIJAZ ALI PATHAN VS State admissibility, objection to---Scope---If a document that otherwise cannot be admitted in evidence is sought to be admitted in the evidence, and the defense is raising objection over it; it would be duty of…
2023 MLD 44 KARACHI-HIGH-COURT-SINDH
Dr. Agha AIJAZ ALI PATHAN VS State admissibility, objection to---Scope---accused moved an application before the Trial Court raising an objection over admission and admissibility of 100 out of 133 documents which the Investigating Officer s…
2023 MLD 65 KARACHI-HIGH-COURT-SINDH
MUHAMMAD SHAFI PARACHA VS MUHAMMAD ASMAT PARACHA Ss. 42 & 54---Civil Procedure Code (V of 1908), Ss. 11 & 35-a---Suit for declaration and injunction---Res-judicata, principle of---applicability---Compensatory cost, imposition of---Suit was…
2023 MLD 77 KARACHI-HIGH-COURT-SINDH
Syed JAN ALI SHAH VS GOVERNMENT OF SINDH through Secretary/ Senior Member Board of Revenue O. I, R. 8---Representative suit---Issuance of notice---Conditions precedent---Where there were numerous persons having the same interest in one suit…
2023 MLD 103 KARACHI-HIGH-COURT-SINDH
Mst. SAMINA BEGUM VS MUHAMMAD HAQ NAWAZ KHAN Every litigant is bound to prosecute and/or defend, as the case may be, his case in a prudent, diligent and vigilant manner, and in case of his failure, he has to face the consequences that may f…
2023 MLD 103 KARACHI-HIGH-COURT-SINDH
Mst. SAMINA BEGUM VS MUHAMMAD HAQ NAWAZ KHAN S. 15---Eviction petition---Relationship of landlord and tenant, denial of---Scope---If the tenant asserts that he is no more a tenant as he had purchased the rented premises, even then he has to…
2023 MLD 103 KARACHI-HIGH-COURT-SINDH
Mst. SAMINA BEGUM VS MUHAMMAD HAQ NAWAZ KHAN audi alteram partem---Scope---Principle 'audi alteram partem' is attracted only in a case where the opportunity of hearing is not afforded by the Court to a party to the proceedings in spite of t…
2023 MLD 128 KARACHI-HIGH-COURT-SINDH
NIAZ HUSSAIN VS State S. 417---appeal against acquittal---Interference---Scope---acquittal once granted could not be recalled merely on the possibility of a contra view---Unless, impugned view is found on fringes of impossibility, resulting…
2023 MLD 128 KARACHI-HIGH-COURT-SINDH
NIAZ HUSSAIN VS State Ss. 324, 504, 148 & 149---attempt to commit qatl-i-amd, intentional insult with intent to provoke breach of peace, rioting armed with deadly weapon, unlawful assembly---appreciation of evidence---appeal against acquitt…
2023 MLD 128 KARACHI-HIGH-COURT-SINDH
NIAZ HUSSAIN VS State S. 417---appeal against acquittal---Interference---Scope---acquittal order could not be lightly interfered with by the appellate court, though it had wide powers to review the evidence and come to its own conclusion---…
2023 MLD 156 KARACHI-HIGH-COURT-SINDH
AQEEL VS State Ss. 302(b), 504 & 34---Qatl-i-amd, intentional insult with intent to provoke breach of peace, common intention---Appreciation of evidence---Sentence, reduction in---Accused were charged for committing murder of the brother of…
2023 MLD 156 KARACHI-HIGH-COURT-SINDH
AQEEL VS State No one can be prejudiced by an act of the Court.
2023 MLD 156 KARACHI-HIGH-COURT-SINDH
AQEEL VS State Ss. 302(b), 504 & 34---Qatl-i-amd, intentional insult with intent to provoke breach of peace, common intention---Appreciation of evidence---Sentence, reduction in---Delay of four days in lodging the FIR---Scope---Accused were…
2023 MLD 156 KARACHI-HIGH-COURT-SINDH
AQEEL VS State Ss. 302(b), 504 & 34---Qatl-i-amd, intentional insult with intent to provoke breach of peace, common intention---Appreciation of evidence---Sentence, reduction in---Ocular account supported by medical evidence---Scope---Accus…
2023 MLD 156 KARACHI-HIGH-COURT-SINDH
AQEEL VS State S. 154---First Information Report---Delay in lodging the FIR---Scope---Delay by itself in lodging the FIR is not material---Factors to be considered by the Courts are first that whether such delay stands reasonably explained…
2023 CLC 1955 KARACHI-HIGH-COURT-SINDH
MUHAMMAD RAEES VS MUHAMMAD ASLAM S.114 & O.XLVII, R.1---Review jurisdiction---Evidence, non-consideration of---Principle---Petitioner sought review of order on the plea that there were certain errors of law in order under review---Validity-…
2023 MLD 187 KARACHI-HIGH-COURT-SINDH
SARFARAZ AHMED VS AFAQUE AHMED Ss. 302(b) & 34---Qatl-i-amd, common intention---Appreciation of evidence---Appeal against acquittal---Accused was charged that he along with co-accused committed murder of the brother of the complainant---Rol…
2023 MLD 187 KARACHI-HIGH-COURT-SINDH
SARFARAZ AHMED VS AFAQUE AHMED S. 417---appeal against acquittal---Interference---Scope---Judgment of acquittal is to be interfered only if the view of the Trial Court is either manifestly perverse on facts or vitiated in law---If the view…
2023 MLD 195 KARACHI-HIGH-COURT-SINDH
MENGAL BROTHERS TRANSPORTS (PVT.) LTD. VS FEDERATION OF PAKISTAN through Secretary, Ministry of Petroleum, Federal Secretariat, Islamabad Ss. 8 & 34---arbitrator, appointment of---Predesignated arbitrator---arbitrator appointed by court---S…
2023 MLD 233 KARACHI-HIGH-COURT-SINDH
SHRIMATI JAAMI VS State Benefit of doubt---Principle---If the prosecution failed to bring home the guilt of accused beyond reasonable doubt, conviction recorded and sentence awarded to accused by the trial court could not be sustained.
2023 MLD 233 KARACHI-HIGH-COURT-SINDH
SHRIMATI JAAMI VS State Ss. 302(b), 201 & 34--- Qatl-i-amd, causing disappearance of evidence of offence or giving false information to screen offender, common intention---Appreciation of evidence---Benefit of doubt---Recovery of dead body…
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