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 206 QUETTA-HIGH-COURT-BALOCHISTAN
Syed NASEEM AGHA VS SHUJA UD DIN KASI S. 75 & O. XXVI, R. 1---Local Commission, report of---Scope---Report of Commission was not exclusive and was always subject to the objection of the parties, and the Court was not bound to straightaway a…
2021 PLD 206 QUETTA-HIGH-COURT-BALOCHISTAN
Syed NASEEM AGHA VS SHUJA UD DIN KASI S. 75 & O. XXVI, R. 1---Suit for declaration, possession and permanent injunctions---Local Commission, appointment of---Case at initial stage---Dispute to the extent of only possession as owners---Authe…
2021 PLD 206 QUETTA-HIGH-COURT-BALOCHISTAN
Syed NASEEM AGHA VS SHUJA UD DIN KASI S.9 & O. XXVI, R.9---Jurisdiction---Demarcation of suit property---Scope---Civil Court could resolve the controversy by adopting any means, and there was no restriction imposed upon the exercise of powe…
2021 PCrLJ 43 QUETTA-HIGH-COURT-BALOCHISTAN
SARDAR KHAN VS State S. 15---Criminal Procedure Code (V of 1898), Ss. 249-A & 561-A---Inherent powers of High Court---Quashing of order---Trial Court, after taking cognizance of the case, issued summons to the petitioners but the petitioner…
2021 PCrLJ 90 QUETTA-HIGH-COURT-BALOCHISTAN
UBAIDULLAH VS State S. 497---anti-Terrorism act (XXVII of 1997), Ss. 11-F(2)(5) & 6---Proscribed organization, terrorism---Bail, grant of---Further inquiry---allegation against the accused was that he was collecting donation from the people…
2021 PCrLJ 186 QUETTA-HIGH-COURT-BALOCHISTAN
State VS MUHAMMAD ASHFAQ Benefit of doubt---Principle---One circumstance, which created reasonable dent in the veracity of the prosecution version could be taken into consideration for giving benefit not as a matter of grace rather as a mat…
2021 PCrLJ 186 QUETTA-HIGH-COURT-BALOCHISTAN
State VS MUHAMMAD ASHFAQ S. 13(d)--- Possessing unlicensed weapon---Appreciation of evidence---Appeal against acquittal---Benefit of doubt---Accused was charged that a T.T. pistol with magazine and two live rounds were recovered on his poin…
2021 PCrLJ 186 QUETTA-HIGH-COURT-BALOCHISTAN
State VS MUHAMMAD ASHFAQ Double presumption of innocence---Interference---accused, after acquittal, earned double presumption of innocence in his favour---To disturb such findings, strong and cogent evidence was required.
2021 PCrLJ 261 QUETTA-HIGH-COURT-BALOCHISTAN
BILAL AHMED VS State Ss. 173 & 190---Report of police officer---Cognizance of offence by Magistrate---Scope---Even in cases triable exclusively by a Court of Sessions, the Magistrate's power under the Code of Criminal Procedure, 1898 remain…
2021 PCrLJ 261 QUETTA-HIGH-COURT-BALOCHISTAN
BILAL AHMED VS State S. 173---Report of police officer---Scope---Section 173, Cr.P.C., nowhere describes as to how the Magistrate shall deal with such report, it, however, empowers the Magistrate to agree or disagree with the act of Investi…
2021 PCrLJ 261 QUETTA-HIGH-COURT-BALOCHISTAN
BILAL AHMED VS State Ss. 173, 561-a, 435 & 439---Report of police officer---Inherent powers of High Court---Scope---Magistrate while concurring with a police report submitted under S.173, Cr.P.C. does not act as a criminal court inferior to…
2021 PCrLJ 261 QUETTA-HIGH-COURT-BALOCHISTAN
BILAL AHMED VS State S.173---Control of Narcotic Substances Act (XXV of 1997), S.9(c)---Possession of narcotics---Report of police officer---Discharge of accused---Scope---Petitioners assailed the order passed by Magistrate whereby the accu…
2021 PCrLJ 261 QUETTA-HIGH-COURT-BALOCHISTAN
BILAL AHMED VS State Ss. 173 & 190---Report of police officer---Cognizance of offence by Magistrates---Discharge of accused---Scope---Discharge of accused by a Magistrate is not legally possible after taking cognizance of the case---After t…
2021 PCrLJ 261 QUETTA-HIGH-COURT-BALOCHISTAN
BILAL AHMED VS State S. 173---Report of police officer---Powers of Magistrate---Scope---Magistrate in cancelling a registered criminal case is required to act judicially, in that he has to act fairly, justly and honestly, a duty common to t…
2021 PCrLJ 261 QUETTA-HIGH-COURT-BALOCHISTAN
BILAL AHMED VS State S. 173---Report of police officer---Scope---Investigating Officer is not bound to base his conclusion on version of informant or defence but on 'actual facts', discovered during the course of investigation---Such conclu…
2021 PCrLJ 337 QUETTA-HIGH-COURT-BALOCHISTAN
RAHID GUL VS State Ss. 265-K & 249-a--- Constitution of Pakistan, art. 199---Constitutional petition--- Quashing of FIR---alternate remedy, availability of--- Effect--- Petitioner invoked the constitutional jurisdiction of High Court for qu…
2021 PCrLJ 337 QUETTA-HIGH-COURT-BALOCHISTAN
RAHID GUL VS State art. 199---Constitutional jurisdiction---alternate remedy---Scope---High Court before exercising its extraordinary jurisdiction must be satisfied about the non-availability or inefficacy of alternate remedy provided under…
2021 PCrLJ 373 QUETTA-HIGH-COURT-BALOCHISTAN
MUHAMMAD ALI VS State Ss. 302 & 34---Qanun-e-Shahadat (10 of 1984), Art. 40---Qatl-i-amd, common intention---How much of information received from accused may be proved---Recovery of weapon---Open place---Sending of empties along with crime…
2021 PCrLJ 373 QUETTA-HIGH-COURT-BALOCHISTAN
MUHAMMAD ALI VS State Ss. 302(c) & 34---Qatl-i-amd, common intention---Appreciation of evidence--- Benefit of doubt---Un-natural conduct---Motive, not proved---Chance witnesses--- Contradictory statements--- Dishonest improvements---Scope--…
2021 PCrLJ 373 QUETTA-HIGH-COURT-BALOCHISTAN
MUHAMMAD ALI VS State Witness---Dishonest improvement---Scope---Statement of witness loses its evidentiary value if he makes any improvement during trial.
2021 PCrLJ 373 QUETTA-HIGH-COURT-BALOCHISTAN
MUHAMMAD ALI VS State S. 302 & 34---Qatl-i-amd, common intention---Motive---Scope---Conviction can be awarded in a case where no motive is alleged but once motive is alleged by the complainant, it must be proved and in case of failure, the…
2021 PCrLJ 412 QUETTA-HIGH-COURT-BALOCHISTAN
MUHAMMAD IBRAHIM VS State Mandatory pre-requisites of law, if not followed, then the entire proceedings would be nullified in the eyes of law.
2021 PCrLJ 412 QUETTA-HIGH-COURT-BALOCHISTAN
MUHAMMAD IBRAHIM VS State When the law requires a thing to be done in a particular manner it must be done in the same manner as provided under the law, as deviation from the prescribed procedure amounts to violation of law.
2021 PCrLJ 412 QUETTA-HIGH-COURT-BALOCHISTAN
MUHAMMAD IBRAHIM VS State Ss. 462-K & 462-O---Interference, improper use or tampering with electric meter by industrial or commercial consumer---Cognizance---Scope---Sub-Division Officer (SDO) lodged FIR with the FIA containing allegations…
2021 PCrLJ 438 QUETTA-HIGH-COURT-BALOCHISTAN
GHULAM ALI VS State Ss. 32 & 33---articles connected with narcotics---Procedure for confiscation---Scope---appellant assailed the judgment passed by Trial Court to the extent of confiscation of vehicle used in transportation of narcotics---…
2021 PCrLJ 438 QUETTA-HIGH-COURT-BALOCHISTAN
GHULAM ALI VS State Ss. 520 & 517---Order for disposal of property regarding which offence committed---Stay of order under Ss. 517, 518 or 519, Cr.P.C.---Scope---Where the case in which an order under S. 517, Cr.P.C. was passed in itself is…
2021 PCrLJ 502 QUETTA-HIGH-COURT-BALOCHISTAN
HADI BAKHSH VS MUHAMMAD ARIF S. 497(5)---Penal Code (XLV of 1860), Ss. 337-F (i), 147 & 149---Ghayr-jaifah, rioting, unlawful assembly---Bail cancellation of---Principles---Where the court of competent jurisdiction had granted bail, strong…
2021 PCrLJ 586 QUETTA-HIGH-COURT-BALOCHISTAN
MUHAMMAD ASHRAF VS State S. 489-F--- Qanun-e-Shahadat (10 of 1984), Art. 129(g)---Dishonestly issuing a cheque---Appreciation of evidence---Withholding material evidence---Effect---Accused issued cheques, which were dishonoured on presentat…
2021 PCrLJ 586 QUETTA-HIGH-COURT-BALOCHISTAN
MUHAMMAD ASHRAF VS State S. 489-F---Dishonestly issuing a cheque---Scope---Mere issuance of a cheque and it being dishonoured by itself was not an offence, unless dishonesty on the part of payer is proved.
2021 PCrLJ 586 QUETTA-HIGH-COURT-BALOCHISTAN
MUHAMMAD ASHRAF VS State S. 489-F--- Dishonestly issuing a cheque---Appreciation of evidence---Benefit of doubt---Accused issued cheques, which were dishonoured on presentation, due to insufficient balance in the account---Record showed tha…
2021 PCrLJ 586 QUETTA-HIGH-COURT-BALOCHISTAN
MUHAMMAD ASHRAF VS State S. 489-F--- Dishonestly issuing a cheque---Appreciation of evidence---Delay of about six months in lodging the FIR---Effect---Accused issued cheques, which were dishonoured on presentation, due to insufficient balan…
2021 PCrLJ 719 QUETTA-HIGH-COURT-BALOCHISTAN
WAHEED VS State Ss.302, 392, 353 & 34---anti-Terrorism act (XXVII of 1997), S.7---Qatl-i-amd, robbery, assault or criminal force to deter public servant from discharge of his duty, common intention, act of terrorism---appreciation of eviden…
2021 PCrLJ 719 QUETTA-HIGH-COURT-BALOCHISTAN
WAHEED VS State Ss.302, 392, 353 & 34---anti-Terrorism act (XXVII of 1997), S.7---Qatl-i-amd, robbery, assault or criminal force to deter public servant from discharge of his duty, common intention, act of terrorism---appreciation of eviden…
2021 PCrLJ 719 QUETTA-HIGH-COURT-BALOCHISTAN
WAHEED VS State Ss.302, 392, 353 & 34---anti-Terrorism act (XXVII of 1997), S.7---Qatl-i-amd, robbery, assault or criminal force to deter public servant from discharge of his duty, common intention, act of terrorism---appreciation of eviden…
2021 PCrLJ 719 QUETTA-HIGH-COURT-BALOCHISTAN
WAHEED VS State Ss.302, 392, 353 & 34---anti-Terrorism act (XXVII of 1997), S.7---Qanun-e-Shahadat (10 of 1984), art. 46--- Qatl-i-amd, robbery, assault or criminal force to deter public servant from discharge of his duty, common intention,…
2021 PCrLJ 719 QUETTA-HIGH-COURT-BALOCHISTAN
WAHEED VS State art. 46---Dying declaration---Evidentiary value---Scope---Dying declaration was a statement of a deceased person as to cause of his death when he was at the point of death---No doubt, sanctity was attached to a dying declara…
2021 PCrLJ 719 QUETTA-HIGH-COURT-BALOCHISTAN
WAHEED VS State Benefit of doubt---Principle---For extending the benefit of the doubt in favour of the accused so many circumstances were not required rather one circumstance, which created a reasonable dent in the veracity of the prosecuti…
2021 PCrLJ 719 QUETTA-HIGH-COURT-BALOCHISTAN
WAHEED VS State Ss.302, 392, 353 & 34---anti-Terrorism act (XXVII of 1997), S.7---Qatl-i-amd, robbery, assault or criminal force to deter public servant from discharge of his duty, common intention, act of terrorism---appreciation of eviden…
2021 PCrLJ 804 QUETTA-HIGH-COURT-BALOCHISTAN
MUHAMMAD IMRAN VS State Where law provides for doing a thing in a particular manner it should be done in that manner.
2021 PCrLJ 804 QUETTA-HIGH-COURT-BALOCHISTAN
MUHAMMAD IMRAN VS State S. 103---Search to be made in presence of witnesses---Scope---Where freedom and liberty of a citizen is involved, the prosecution has to comply with the requirement of search and seizure as contemplated in S. 103, Cr…
2021 PCrLJ 804 QUETTA-HIGH-COURT-BALOCHISTAN
MUHAMMAD IMRAN VS State Evidence---Mere placing a document on record cannot be considered as evidence.
2021 PCrLJ 804 QUETTA-HIGH-COURT-BALOCHISTAN
MUHAMMAD IMRAN VS State Ss. 23, 27, 34 & 18---Criminal Procedure Code (V of 1898), S. 103---Sale of drug not registered or not in accordance with the conditions of registration---Offences by companies, etc.---Search to be made in presence o…
2021 PCrLJ 839 QUETTA-HIGH-COURT-BALOCHISTAN
MUHAMMAD DIN VS State S. 302(b)---Qatl-i-amd---Wife/vulnerable dependent of accused (husband) dying within confines of his house---Burden of proof---Scope---Shifting of some part of the onus to the accused might not be relevant in a case wh…
2021 PCrLJ 839 QUETTA-HIGH-COURT-BALOCHISTAN
MUHAMMAD DIN VS State Ss. 302(b) & 34---Criminal Procedure Code (V of 1898), Ss. 164 & 364---Qatl-i-amd and common intention---Appreciation of evidence---Benefit of doubt---Delayed FIR---Un-witnessed incident---Retracted juridical confessio…
2021 PCrLJ 839 QUETTA-HIGH-COURT-BALOCHISTAN
MUHAMMAD DIN VS State S. 164--- Confessional statement, requirements of--- Scope---Requirement of confessional statement is that it shall be free from inducement, threat, coercion and the same shall be true and voluntary.
2021 PCrLJ 839 QUETTA-HIGH-COURT-BALOCHISTAN
MUHAMMAD DIN VS State S. 302---Qatl-i-amd---Failure to prove motive---Effect---Absence or weakness of motive does not render case of prosecution false or fabricated and it is not requirement of law to prove the same by all means, however, i…
2021 PCrLJ 839 QUETTA-HIGH-COURT-BALOCHISTAN
MUHAMMAD DIN VS State S. 164--- Retracted judicial confession--- Independent corroboration---Scope---Retracted judicial confession recorded under S. 164, Cr.P.C. in the absence of any independent corroboration cannot suffice all by itself f…
2021 PCrLJ 889 QUETTA-HIGH-COURT-BALOCHISTAN
ASMATULLAH VS State Ss. 35, 397 & 561-a---Conviction for several offences at one trial---Concurrent commutation of sentence---accused faced trial in two separate FIRs---First FIR was lodged under S. 392, P.P.C., said case was tried and accu…
2021 PCrLJ 889 QUETTA-HIGH-COURT-BALOCHISTAN
ASMATULLAH VS State Beneficial construction---Scope---If two equal interpretations are possible then the one favourable to the accused and his liberty must be adopted and preferred.
2021 PCrLJ 969 QUETTA-HIGH-COURT-BALOCHISTAN
FATEH KHAN VS State Ss. 302, 324, 147 & 149---Qatl-i-amd, attempt to commit qatl-i-amd, rioting, unlawful assembly---Appreciation of evidence---Contradictions in the statement of witnesses---Scope---Accused were charged for making indiscrim…
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