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 SCMR 1016 SUPREME-COURT
AHMAD KHALID BUTT VS State S. 497---Prevention of Electronic Crimes act (XL of 2016), Ss. 20, 21 & 24---Penal Code (XLV of 1860), Ss. 34 & 109---Malicious code, cyber stalking, common intention, abetment---Offences alleged in the FIR fell o…
2021 SCMR 1017 SUPREME-COURT
PUNJAB PUBLIC SERVICE COMMISSION VS HUSNAIN ABBAS Erroneously prepared merit list---No vested right of appointment---No vested right could accrue in favour of a candidate by virtue of an erroneous merit list which was prepared on the basis…
2021 SCMR 1017 SUPREME-COURT
PUNJAB PUBLIC SERVICE COMMISSION VS HUSNAIN ABBAS art. 27---Civil service---Reserved quota for underrepresented class or area---Constitutionality---Legislation put in place by the competent legislature for redressal of under representation…
2021 SCMR 1017 SUPREME-COURT
PUNJAB PUBLIC SERVICE COMMISSION VS HUSNAIN ABBAS S. 7---Punjab Public Service Commission ('the Commission'), powers of---Scope---Neither the Commission nor its Chairman had the power or authority to appoint a candidate against any post in…
2021 SCMR 1017 SUPREME-COURT
PUNJAB PUBLIC SERVICE COMMISSION VS HUSNAIN ABBAS appointment--- Legitimate expectancy, doctrine of---Scope---Candidate's claim to appointment based on the doctrine of legitimate expectancy could not be allowed to override or overshadow ano…
2021 SCMR 1017 SUPREME-COURT
PUNJAB PUBLIC SERVICE COMMISSION VS HUSNAIN ABBAS Rules/conditions applicable for appointment against advertised posts---Scope---Rules applicable and the conditions required to be specified were those which were in force on the date of appo…
2021 SCMR 1027 SUPREME-COURT
SENIOR GENERAL MANAGER/CEO, PAKISTAN RAILWAY HEADQUARTERS, LAHORE VS ABDUL RAUF SHAMOON Railway engine driver---Violation of red signal causing an accident---Dismissal from service---Tribunal by way of impugned judgment converted the major…
2021 SCMR 1032 SUPREME-COURT
ANWAR SHAHEEN VS State S. 497(2)---Penal Code (XLV of 1860), Ss. 302, 324 & 34---Khyber Pakhtunkhwa Arms Act (XXIII of 2013), S. 15---Qatl-i-amd, attempt to commit qatl-i-amd, common intention, unlicensed possession of arms---Bail, grant of…
2021 SCMR 1033 SUPREME-COURT
DIVISIONAL SUPERINTENDENT, POSTAL SERVICES, GUJRANWALA VS MUHAMMAD ARIF BUTT S. 5---Federal Service Tribunal ('the Tribunal')---Discretion to modify punishment awarded by departmental authorities---Scope---Although the Tribunal had the disc…
2021 SCMR 1033 SUPREME-COURT
DIVISIONAL SUPERINTENDENT, POSTAL SERVICES, GUJRANWALA VS MUHAMMAD ARIF BUTT Misappropriation of public money---Dismissal from service---Penalty of dismissal from service imposed upon respondent-postman by the departmental authorities was c…
2021 SCMR 1039 SUPREME-COURT
MUHAMMAD BILAL VS State S. 302(b)---Criminal Procedure Code (V of 1898), S. 164---Qatl-i-amd---Reappraisal of evidence---Recovery of weapon from accused doubtful---Weapon and empties sent together for forensics---Record of the case reflecte…
2021 SCMR 1039 SUPREME-COURT
MUHAMMAD BILAL VS State S. 302(b)---Criminal Procedure Code (V of 1898), S. 164---Qatl-i-amd--- Reappraisal of evidence--- Juvenile accused--- Judicial confession---Extra caution was to be taken by the Court while recording confession of a…
2021 SCMR 1045 SUPREME-COURT
GOVERNMENT OF KHYBER PAKHTUNKHWA VS MUHAMMAD YOUNAS Project posts---Contractual employees---No right of regularization in service---In the present case, the policy governing appointment against Project Posts made it abundantly clear that up…
2021 SCMR 1045 SUPREME-COURT
GOVERNMENT OF KHYBER PAKHTUNKHWA VS MUHAMMAD YOUNAS Clear and consistent interpretation by Courts in accordance with law---Scope---Courts of law were required to interpret the law and could neither rewrite the law nor read into the law some…
2021 SCMR 1045 SUPREME-COURT
GOVERNMENT OF KHYBER PAKHTUNKHWA VS MUHAMMAD YOUNAS Ss. 2(b) & 3---Project posts---Contractual employees---Question as to whether project employees appointed to a project which was converted to the regular budget after the cut-off date of t…
2021 SCMR 1051 SUPREME-COURT
FAYYAZ ULLAH KHAN VS PESHAWAR HIGH COURT, PESHAWAR S. 6---District and Sessions Judge---Charges of corruption and living beyond ostensible legal means---Compulsory retirement---Subordinate Judiciary Tribunal had rightly noted that reply of…
2021 SCMR 1055 SUPREME-COURT
CHAIRMAN PAKISTAN ORDNANCE FACTORIES BOARD, WAH CANTT VS SHAHZAD AMIN Regln. 371-a---Pensionary benefits, entitlement to---Minimum years of service to qualify for pension---Respondent had rendered 13 years of service---Service Tribunal, whi…
2021 SCMR 1059 SUPREME-COURT
ABDUL WASAY VS State S. 302(b)---Qatl-i-amd---Reappraisal of evidence---Appeal against acquittal---Accused was charged for causing knife blows to the complainant and a witness but no medical evidence of the said injuries from a proper sourc…
2021 SCMR 1059 SUPREME-COURT
ABDUL WASAY VS State Chapt. XVI---Criminal Procedure Code (V of 1898), Preamble---Criminal Law (Second Amendment) Ordinance (VII of 1990), Preamble [since repealed]---Criminal Law (Second Amendment) Ordinance (I of 1991), Preamble [since re…
2021 SCMR 1059 SUPREME-COURT
ABDUL WASAY VS State S. 302(b)---Qatl-i-amd---Reappraisal of evidence---Patrolling police reached at the spot during the occurrence and the accused along with his acquitted co-accused persons were arrested at the spot along with their respe…
2021 SCMR 1064 SUPREME-COURT
MUHAMMAD SAJJAD VS FEDERATION OF PAKISTAN R. 5(1)---Transfer to another station---Legality---In the appointment letter of the petitioner-employee, it was clearly mentioned that the service of the petitioner was transferable, and it was made…
2021 SCMR 1064 SUPREME-COURT
MUHAMMAD SAJJAD VS FEDERATION OF PAKISTAN 'Transfer' and 'posting'---Scope---Transfer of an employee/public servant fell within the ambit of "terms and conditions" of service, which included transfer and posting---Transfer and posting was p…
2021 SCMR 1068 SUPREME-COURT
MUHAMMAD RAFIQUE VS Syed WARAND ALI SHAH Ss. 39 & 42---Suit for declaration and cancellation of mutation---Registered sale deed subsequent in time to oral sale of same property---Proof---Plaintiff claimed to be purchaser of suit property fr…
2021 SCMR 1068 SUPREME-COURT
MUHAMMAD RAFIQUE VS Syed WARAND ALI SHAH O. VI, R. 1---Pleadings---Scope---Pleadings could not be equated with evidence---Person claiming a right or interest in a property was bound to prove a case pleaded by it through valid reasonable ora…
2021 SCMR 1077 SUPREME-COURT
MEMBER (ADMINISTRATION), FEDERAL BOARD OF REVENUE VS MIAN KHAN R. 4(1)(b)(ii)---Taking bribe---Major penalty imposed on basis of CCTV footage without forensic audit of such footage---Legality---Admittedly in the present case no regular inqu…
2021 SCMR 1080 SUPREME-COURT
SAMIRA MAHAMADI VS FEDERATION OF PAKISTAN arts. 184(3)---Suo motu case---Provincial budget for the year 2020-2021 announced by the Provincial (Sindh) Government---amounts allocated for education, health, water supply and sanitation and infr…
2021 SCMR 1080 SUPREME-COURT
SAMIRA MAHAMADI VS FEDERATION OF PAKISTAN art. 184(3)---Suo motu action regarding combating the pandemic of Corona virus (Covid -19)---Issues concerning import of medical devices; availability of oxygen and medicines in the country for trea…
2021 SCMR 1080 SUPREME-COURT
SAMIRA MAHAMADI VS FEDERATION OF PAKISTAN Rr. 36 & 37---Constitution of Pakistan, Art. 184(3)---Suo motu case---Pilots with fake licences and/or educational degrees ---Pakistan International Airline Corporation (PIAC) filed its report befor…
2021 SCMR 1080 SUPREME-COURT
SAMIRA MAHAMADI VS FEDERATION OF PAKISTAN Preamble---Constitution of Pakistan, Art. 184(3)---Suo motu case---Employees of Civil Aviation Authority involved in misconduct and crimes---Director General, Civil Aviation Authority ('the Authorit…
2021 SCMR 1088 SUPREME-COURT
SHAHBAZ GARMENTS (PVT.) LTD. VS GOVERNMENT OF SINDH through Secretary Labour and Human Resource Department, Karachi Ss. 2(9)(e), 5, 20(1) & 75---Provincial Employees' Social Security Ordinance (X of 1965) [since repealed], Ss. 2(8)(f), 20 &…
2021 SCMR 1088 SUPREME-COURT
SHAHBAZ GARMENTS (PVT.) LTD. VS GOVERNMENT OF SINDH through Secretary Labour and Human Resource Department, Karachi Ss. 2(9)(e), 5, 20(1) & 75---Provincial Employees' Social Security Ordinance (X of 1965) [since repealed], Ss. 2(8)(f), 20 &…
2021 SCMR 1106 SUPREME-COURT
HAROON-UR-RASHEED VS State S. 9(c)--- Possession and transportation of 10 kilograms of cannabis---Reappraisal of evidence---Sentence, reduction in---Witnesses were in substantial unison with each other on all the details of the episode---Jo…
2021 SCMR 1108 SUPREME-COURT
MUHAMMAD JAMIL VS MUHAMMAD ARIF S. 54---Contract Act (IX of 1872), S. 55---Agreement to sell immoveable property---Time essence of the contract---Balance consideration not paid within the time stipulated in the agreement---Forfeiture of ear…
2021 SCMR 1108 SUPREME-COURT
MUHAMMAD JAMIL VS MUHAMMAD ARIF S. 52---Performance of reciprocal obligations---Scope---Reciprocal obligations under the agreement were to be performed, in the manner and sequence it was provided for---Where the agreement did not expressly…
2021 SCMR 1108 SUPREME-COURT
MUHAMMAD JAMIL VS MUHAMMAD ARIF S. 22---Discretion as to decreeing specific performance---Scope---Specific performance was a discretionary relief, and the Courts were not bound to grant such relief mechanically merely, because it was lawful…
2021 SCMR 1108 SUPREME-COURT
MUHAMMAD JAMIL VS MUHAMMAD ARIF S. 54---Specific Relief act (I of 1877), S. 12---Contract act (IX of 1872), S. 55---Specific performance of agreement to sell immoveable property---Time essence of the contract---Rule that generally time was…
2021 SCMR 1108 SUPREME-COURT
MUHAMMAD JAMIL VS MUHAMMAD ARIF S. 54---Specific Relief act (I of 1877), S. 12---Contract act (IX of 1872), S. 51---Specific performance of agreement to sell immoveable property---Obligations of vendor and vendee---Foremost requirement to s…
2021 SCMR 1124 SUPREME-COURT
CONTROLLER MILITARY ACCOUNTS (PENSION) LAHORE CANTONMENT VS MUHAMMAD SABIR (DECEASED) R. 11---Pakistan Army Act (XXXIX of 1952), S. 176-A---Army reservist---Minimum pension, entitlement to---Army reservists were fixed rated pensioners and t…
2021 SCMR 1133 SUPREME-COURT
FATEH YARN PVT. LTD.FAISALABAD VS COMMISSIONER INLAND REVENUE FAISALABAD Notice---Tax liability mentioned in the notice---Scope---Order of adjudication passed on the basis of a ground not stated in the notice was palpably illegal and void o…
2021 SCMR 1133 SUPREME-COURT
FATEH YARN PVT. LTD.FAISALABAD VS COMMISSIONER INLAND REVENUE FAISALABAD Factual controversy---Superior courts, jurisdiction of---Scope---Superior courts could not engage in factual controversies, however an exception had been carved out fo…
2021 SCMR 1133 SUPREME-COURT
FATEH YARN PVT. LTD.FAISALABAD VS COMMISSIONER INLAND REVENUE FAISALABAD S. 7(1)---Input tax credit, claim of---Fake documentary evidence---No reliable documentary evidence was provided by the petitioner-tax payer to support its claim of in…
2021 SCMR 1137 SUPREME-COURT
CAPITAL DEVELOPMENT AUTHORITY (CDA) through Chairman CDA, Headquarter, Islamabad VS HABIB RAFIQ (PVT.) LTD. Ss. 14(2) & 16---arbitration award filed in court by the arbitrator---Plea of petitioner-authority that award was not filed in court…
2021 SCMR 1145 SUPREME-COURT
MUHAMMAD ARSHAD ANJUM VS Mst. KHURSHID BEGUM S. 17---Civil Procedure Code (V of 1908), Ss. 10, 11 & 12(2)---Fraud---Land bought by petitioner, unknown to him, under attachment due to a decree passed by Family Court in favour of respondent--…
2021 SCMR 1145 SUPREME-COURT
MUHAMMAD ARSHAD ANJUM VS Mst. KHURSHID BEGUM S. 12(2) & Preamble---Proceedings before Tribunals---Fraud and misrepresentation---Exclusion of provisions of Civil Procedure Code, 1908---Scope---Impact of fraud practiced upon tribunals exercis…
2021 SCMR 1145 SUPREME-COURT
MUHAMMAD ARSHAD ANJUM VS Mst. KHURSHID BEGUM S. 17---Civil Procedure Code (V of 1908), Ss.10 & 11 & Preamble---Proceedings before Family Court---Exclusion of provisions of Civil Procedure Code, 1908 (C.P.C.)---Scope---Exclusion of normal ru…
2021 SCMR 1151 SUPREME-COURT
SECRETARY (M-V) FEDERAL BOARD OF REVENUE, ISLAMABAD VS ZEENAT BANGASH Deputation allowance, entitlement to---Limitation---Officer of Postal Group (respondent) working on deputation in Federal Board of Revenue---Respondent worked in Federal…
2021 SCMR 1151 SUPREME-COURT
SECRETARY (M-V) FEDERAL BOARD OF REVENUE, ISLAMABAD VS ZEENAT BANGASH Deputation allowance, entitlement to---Officer of Postal Group working on deputation in Federal Board of Revenue---Held, that pursuant to a judgment of the Federal Servic…
2021 SCMR 1154 SUPREME-COURT
FEDERAL BOARD OF REVENUE VS ABDUL GHANI Ss. 11(5) & 74---Default in payment of sales tax---Show cause notice, issuance of---Limitation---Delay of almost fifteen (15) years in sending notice---Condonation of delay under S. 74 of the Sales Ta…
2021 SCMR 1154 SUPREME-COURT
FEDERAL BOARD OF REVENUE VS ABDUL GHANI S. 11(5)---Law Reforms Ordinance (XII of 1972), S. 3---Default in payment of sales tax---Show cause notice, issuance of---Intra-Court Appeal before the High Court challenging show cause notice issued…
2021 SCMR 1157 SUPREME-COURT
GHAZAN KHAN VS Mst. AMEER SHUMA S. 497---Penal Code (XLV of 1860), S. 324---Attempt to commit qatl-i-amd---Bail, refusal of---Having regard to the totality of circumstances whereunder the accused was alleged to have actively participated in…
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