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 CLC 1138 QUETTA-HIGH-COURT-BALOCHISTAN
Mst. NAIK MURGH VS SANAULLAH S.52---Qanun-e-Shahadat (10 of 1984), Arts.117 & 120---Plea, proof of---Onus to prove---Entries in record of rights---Presumption---Plaintiff claimed to be owners of suit property and defendants were in unlawful…
2021 CLC 1138 QUETTA-HIGH-COURT-BALOCHISTAN
Mst. NAIK MURGH VS SANAULLAH O.XLI, R.24---Remand---Scope---Sufficient evidence---Non-remanding of case---Effect---If Court proceeds with matter and finds it fit, the Court may decide the same on merit without remanding the case to Trial Co…
2021 PLC 111 QUETTA-HIGH-COURT-BALOCHISTAN
UNITED BANK LTD. VS FAREEDULLAH KHAN S.41---Constitution of Pakistan, Art. 199--- Constitutional petition--- Termination / compulsory retirement from service--- Workman/respondent was terminated from service by employer/petitioner on the ch…
2021 PLC 127 QUETTA-HIGH-COURT-BALOCHISTAN
MISRI LADHANI EX-CHAIRPERSON BALOCHISTAN REVENUE AUTHORITY VS GOVERNMENT OF BALOCHISTAN S.3---Chairperson of the Balochistan Revenue Authority---Appointment and terms and conditions of service of Chairperson Balochistan Revenue Authority---…
2021 CLC 1181 QUETTA-HIGH-COURT-BALOCHISTAN
GHULAM HUSSAIN VS KHUDA BAKHSH O.XVII, R.3---Court may proceed notwithstanding either party fails to produce evidence---Scope---Petitioner assailed the dismissal of his suit under O.XVII, R.3, C.P.C.---Validity---Rule 3 of O.XVII, C.P.C. ap…
2021 CLC 1181 QUETTA-HIGH-COURT-BALOCHISTAN
GHULAM HUSSAIN VS KHUDA BAKHSH Party cannot be deprived from his right on the basis of technicalities---Law favour decision on merit rather than technicalities.
2021 CLC 1189 QUETTA-HIGH-COURT-BALOCHISTAN
MUHAMMAD NABI VS BIBI MALIKA Cases were to be decided on merit instead of technicalities.
2021 CLC 1189 QUETTA-HIGH-COURT-BALOCHISTAN
MUHAMMAD NABI VS BIBI MALIKA O.IX, R.13 & O.V, R.20---Constitution of Pakistan, Art.10-A---Application to set aside ex-party decree, rejection of---Modes of service to the defendant---Scope---Right to fair trial---Scope---Held, that though…
2021 CLC 1196 QUETTA-HIGH-COURT-BALOCHISTAN
MUHAMMAD USMAN VS BIBI AMINA Ss.42 & 172---Making of that part of periodical records which relates to land owners---Exclusion of jurisdiction of Civil Courts in matters within the jurisdiction of Revenue Officers---Scope---Petitioners assai…
2021 CLC 1282 QUETTA-HIGH-COURT-BALOCHISTAN
MOHAMMAD IQBAL VS MOHAMMAD HUSSAIN O.XXIII, R.1(3) & O.VII, R.11---Specific Relief act (I of 1877), Ss.42, 12 & 54---Suit for declaration, possession and permanent injunction---Institution of second suit when previous suit was withdrawn unc…
2021 CLC 1282 QUETTA-HIGH-COURT-BALOCHISTAN
MOHAMMAD IQBAL VS MOHAMMAD HUSSAIN S.12(2) & O.XXIII R.1---Withdrawal of previous suit unconditionally through counsel---Scope---Contention of the petitioner/plaintiff was that the previous suit was withdrawn by his counsel without his perm…
2021 CLC 1315 QUETTA-HIGH-COURT-BALOCHISTAN
ABDUL RAUF VS ABBAS O.XXXIX, Rr.1 & 2---Specific Relief act (I of 1877), Ss. 42 & 54---Suit for the declaration, mandatory and permanent injunction---Temporary---Injunction---Scope---Non-partitioned joint immoveable property---Co-sharers---…
2021 CLC 1342 QUETTA-HIGH-COURT-BALOCHISTAN
MUHAMMAD ASHRAF MAGSI VS Mst. SHAFIQA AKBAR Ss.5, Sched. & 10 ---Suit for dissolution of marriage---Pre-trial proceedings---Scope---Petitioner assailed the validity of decree passed by Trial Court for dissolution of marriage on the basis of…
2021 CLC 1357 QUETTA-HIGH-COURT-BALOCHISTAN
MUHAMMAD RAHIM VS ABDUL SAMAD O.VII, R.11---Rejection of plaint---Adjudication of application under O.VII, R.11, C.P.C.---Exercise of powers under O.VII, R.11, C.P.C.---Scope---For determination of whether or not a suit disclosed a cause of…
2021 CLC 1379 QUETTA-HIGH-COURT-BALOCHISTAN
SOCIETY FOR COMMUNITY DEVELOPMENT (SCD), through EXECUTIVE DIRECTOR VS UNITED NATIONS INTERNATIONAL CHILDREN EMERGENCY FUND, (UNICEF), PAKISTAN S.9---Specific Relief act (I of 1877), S.42---Convention on the Privilege and Immunities of the…
2021 CLC 1379 QUETTA-HIGH-COURT-BALOCHISTAN
SOCIETY FOR COMMUNITY DEVELOPMENT (SCD), through EXECUTIVE DIRECTOR VS UNITED NATIONS INTERNATIONAL CHILDREN EMERGENCY FUND, (UNICEF), PAKISTAN S.9---Specific Relief act ( I of 1877), S. 42---Suit for declaration and recovery of damages etc…
2021 CLC 1560 QUETTA-HIGH-COURT-BALOCHISTAN
SAHIB ZADA DIN MUHAMMAD VS MUHAMMAD ZAMAN O.XXXIX, Rr.1, 2 & 2-B---Civil Laws (Reforms) Act (XIV of 1994), preamble---Specific Relief Act (I of 1877), Ss.42 & 54---Suit for declaration, partition and permanent injunction ---Interim injuncti…
2021 PLD 127 QUETTA-HIGH-COURT-BALOCHISTAN
NASEEBULLAH VS State Ss. 161 & 265-F---Summoning of witness---Non-recording of statement by police during investigation---Effect---Provision of S.265-F, Cr.P.C. does not provide specifically that only those witnesses can be examined whose s…
2021 PLD 127 QUETTA-HIGH-COURT-BALOCHISTAN
NASEEBULLAH VS State S. 540---Summoning of witness---Essential for the just decision of the case---Determination---Procedure---Not necessary to hold a separate inquiry so as to reach a conclusion whether an item of evidence is essential for…
2021 PLD 127 QUETTA-HIGH-COURT-BALOCHISTAN
NASEEBULLAH VS State S. 265-F(2)---Summoning of person not named in calendar of witnesses---Principle---Person not already cited as a witness can be produced under S.265-F (2), Cr.P.C. when permission is given by Court.
2021 PLD 127 QUETTA-HIGH-COURT-BALOCHISTAN
NASEEBULLAH VS State Ss. 265-F & 540---Constitution of Pakistan, Art.199---Constitutional petition---Summoning of witness---Principle---Petitioner/accused was facing trial for causing injuries and damage to person and property of complainan…
2021 CLC 1579 QUETTA-HIGH-COURT-BALOCHISTAN
WAHID BAKHSH VS ACHAR Ss.13 & 15---Qanun-e-Shahadat (10 of 1984), Arts.72 & 78--- Ejectment of tenant--- Landlord and tenant, relationship of---Proof---Documentary evidence---Production and admissibility---Appellant was alleged to be tenant…
2021 CLC 1635 QUETTA-HIGH-COURT-BALOCHISTAN
BIBI QURESH VS The GOVERNMENT OF BALOCHISTAN, through Secretary Home and Tribal Affairs Department art.199---Constitutional jurisdiction---Scope---Pendency of civil litigation---Effect---Where the aggrieved party has already initiated civil…
2021 CLC 1635 QUETTA-HIGH-COURT-BALOCHISTAN
BIBI QURESH VS The GOVERNMENT OF BALOCHISTAN, through Secretary Home and Tribal Affairs Department art.199---Constitutional petition---Maintainability---Pendency of civil litigation---alternate remedy, availability of---Effect---Petitioner…
2021 CLC 1647 QUETTA-HIGH-COURT-BALOCHISTAN
NIAMATULLAH VS ESSA KHAN O.XLI, R.31---Suit for declaration, cancellation of document and permanent injunction---Trial Court dismissed the suit of the plaintiff/petitioner which judgment was upheld by the Appellate Court without stating poi…
2021 CLC 1738 QUETTA-HIGH-COURT-BALOCHISTAN
WING COMMANDER, PAF BASE, SAMUNGLI, QUETTA VS NASEEBULLAH KHAN art.23---"Property"---Word "property" included moveable and immoveable property---Every citizen of the State had a right to own, hold and acquire property which right could not…
2021 CLC 1738 QUETTA-HIGH-COURT-BALOCHISTAN
WING COMMANDER, PAF BASE, SAMUNGLI, QUETTA VS NASEEBULLAH KHAN S.115(1)(a)(b)(c)---Revision---Jurisdiction of High Court---Scope of revisional jurisdiction of the High Court was limited---Revisional Court had to examine three factors as env…
2021 CLC 1738 QUETTA-HIGH-COURT-BALOCHISTAN
WING COMMANDER, PAF BASE, SAMUNGLI, QUETTA VS NASEEBULLAH KHAN O.XLI, R.23 & O.XIV, R.5---Remand of case by Appellate Court---Improper framing of issues ---Scope---Petitioner contended that case be remanded as the Trial Court had not framed…
2021 CLC 1738 QUETTA-HIGH-COURT-BALOCHISTAN
WING COMMANDER, PAF BASE, SAMUNGLI, QUETTA VS NASEEBULLAH KHAN Ss.3 & 7---Constitution of Pakistan, Arts. 9, 23 & 24---Land Acquisition Act ( I of 1894), Preamble---SRO No.706(I)/2003 dated 8th July, 2003---Restriction in raising constructi…
2021 CLC 1766 QUETTA-HIGH-COURT-BALOCHISTAN
MUHAMMAD DAWOOD KHAN VS ABDUL GHANI O.XXIII, R.1(2)---Specific Relief act (I of 1877), Ss.42 & 39---Suit for declaration, cancellation/revocation of sale-agreement and permanent injunction---Withdrawal of suit with permission of Court--- Fo…
2021 CLC 1788 QUETTA-HIGH-COURT-BALOCHISTAN
ABID ALI VS MUHAMMAD TAHIR Will---Validity---Scope---Will, in favour of legal heirs---Principle---Plaintiffs claimed to be owners of suit property on the basis of 'Will Deed' executed by their deceased father during his life time---Defendan…
2021 CLC 1807 QUETTA-HIGH-COURT-BALOCHISTAN
SHABAN KHUDA BAKHSH VS HATIMA AMEER Ss.373 & 384---Succession certificate, application for---Title to property---Jurisdiction---Son of deceased sought succession to amount lying in Bank account of his deceased father---Widow claimed full am…
2021 CLC 1998 QUETTA-HIGH-COURT-BALOCHISTAN
ROOH ULLAH VS MATIULLAH O.XXXVII, R. 2---Suit for recovery of amount---Qarz-e-hasana---Award of interest/mark up---Scope---Plaintiff filed suit under O.XXXVII, R.2, C.P.C., for recovery of amount mentioned in the disputed cheques---Trial co…
2021 CLC 1998 QUETTA-HIGH-COURT-BALOCHISTAN
ROOH ULLAH VS MATIULLAH O.XXXVII, R.2---Negotiable Instruments Act (XXVI of 1881), S.118---Suit for recovery of amount---Presumptions as to negotiable instrument---Burden of proof---Scope---Defendant assailed judgment and decree passed by t…
2021 CLC 1998 QUETTA-HIGH-COURT-BALOCHISTAN
ROOH ULLAH VS MATIULLAH O.XXXVII, R.2---Negotiable Instruments Act (XXVI of 1881), S.6---Suit for recovery of amount---Cheque---Scope---Cheque falls within the definition of negotiable instrument whereupon the plaintiff can file suit under…
2021 CLC 2141 QUETTA-HIGH-COURT-BALOCHISTAN
ABDUL RAUF RANA VS UNIVERSITY OF BALOCHISTAN, through Chancellor, Governor House, Quetta Ss. 10 & 11---Constitution of Pakistan, Arts.199 & 10-A---Constitutional petition---Right to fair trial---Cancellation of degree---Scope---Petitioner a…
2021 PLD 134 QUETTA-HIGH-COURT-BALOCHISTAN
IMTIAZ AHMED SHAHID, ADVOCATE HIGH COURT, QUETTA VS The GOVERNMENT OF BALOCHISTAN through Secretary Health Department, Quetta S. 29(1)---Medical certificate---Validity---Medical certificate, prescription or medical or dental advise only iss…
2021 PLD 134 QUETTA-HIGH-COURT-BALOCHISTAN
IMTIAZ AHMED SHAHID, ADVOCATE HIGH COURT, QUETTA VS The GOVERNMENT OF BALOCHISTAN through Secretary Health Department, Quetta R. 25.18---Constitution of Pakistan, Art. 199---Constitutional petition---Medical certificate---Private doctor---P…
2021 PLD 139 QUETTA-HIGH-COURT-BALOCHISTAN
ABDUL KAREEM VS SULTAN BADSHAH O. XIII, R. 2 & O. XXXVII, R. 2---Suit for recovery of money---additional evidence, production of---Principle---Petitioner/defendant was aggrieved of permission granted under O. XIII, R. 2, C.P.C. by Trial Cou…
2021 MLD 60 QUETTA-HIGH-COURT-BALOCHISTAN
MUHAMMAD ZEESHAN VS State Ss. 182, 211, 409, 380 & 454---False information with intent to cause public servant to use his lawful power to the injury of another person, false charge of offence made with intent to injure, criminal breach of t…
2021 MLD 80 QUETTA-HIGH-COURT-BALOCHISTAN
JANAN KHAN VS State S. 32---articles connected with narcotics---Non-appearance of owner of vehicle before Special Court---Effect---appellant assailed order passed by Judge Special Court (CNS) whereby vehicle carrying narcotic was confiscate…
2021 MLD 215 QUETTA-HIGH-COURT-BALOCHISTAN
YAR MUHAMMAD VS MUHAMMAD ALI S. 79---Constitution of Pakistan, Art. 174---Suits by or against Government---Suit involving Government land---Necessary party---Scope---Petitioners claimed ownership of 2500 to 3000 acres unsettled land---Valid…
2021 MLD 392 QUETTA-HIGH-COURT-BALOCHISTAN
SULEMAN SHAH VS State Ss. 34 & 149---Common intention---Common object---Scope---Mere presence of an accused at the time of commission of crime is not enough to hold him responsible for commission of crime, unless the prosecution succeeds in…
2021 MLD 392 QUETTA-HIGH-COURT-BALOCHISTAN
SULEMAN SHAH VS State S.497---Penal Code (XLV of 1860), Ss. 302 & 34---Bail---Qatl-i-amd and common intention---No overt act ascribed to accused---Scope---Whenever no overt act was ascribed to accused, lenient view was required to be taken…
2021 MLD 392 QUETTA-HIGH-COURT-BALOCHISTAN
SULEMAN SHAH VS State S.497---Penal Code (XLV of 1860), Ss. 302 & 34---Qatl-i-amd and common intention---Bail, grant of---Absconsion---Scope---Prosecution case was that the accused was present along with two co-accused persons, who fired an…
2021 MLD 408 QUETTA-HIGH-COURT-BALOCHISTAN
ASADULLAH VS State S.324---Criminal Procedure Code (V of 1898), Ss.161 & 162---Qatl-i-amd---Supplementary statement of complainant---Value---Accused contended that supplementary statement of complainant could not be exhibited, but the Trial…
2021 MLD 408 QUETTA-HIGH-COURT-BALOCHISTAN
ASADULLAH VS State Objections raised by either party---Duty of Trial Court---Scope---Whenever an objection was being raised by either of the parties at the time of recording evidence, the Trial Court instead of deciding the same then and th…
2021 MLD 420 QUETTA-HIGH-COURT-BALOCHISTAN
NASEER AHMED VS SUMEYYA S.5, Sched.---Suit for dissolution of marriage---Amendment in pleadings---Scope---Petitioner assailed order passed by Trial Court whereby an application of the respondent seeking amendment in her suit in the title, b…
2021 MLD 420 QUETTA-HIGH-COURT-BALOCHISTAN
NASEER AHMED VS SUMEYYA S.5, Sched.---Suit for dissolution of marriage---Procedure---Scope---Family Court is competent to regulate its own proceedings for expeditious disposal of matrimonial disputes as the Family Courts Act, 1964, does not…
2021 MLD 520 QUETTA-HIGH-COURT-BALOCHISTAN
TOBA SAEED VS CHAIRMAN ADMISSION COMMITTEE BOLAN UNIVERSITY OF MEDICAL AND SCIENCES QUETTA, BALOCHISTAN art.199---Constitutional petition---application for review of judgment---Facts not discussed earlier---Effect---applicant sought review…
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