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 1266 SUPREME-COURT
SECRETARY AGRICULTURE, LIVESTOCK AND COOPERATION DEPARTMENT, PESHAWAR VS ANEES AHMAD Pro forma promotion---Respondent, who was otherwise eligible for promotion, was not promoted by the Departmental Promotion Committee (DPC), as it adjourned…
2021 SCMR 1270 SUPREME-COURT
MUHAMMAD ASIF AWAN VS DAWOOD KHAN Ss. 12 & 24(b)---Civil Procedure Code (V of 1908), O. XVII, R. 3---Transfer of Property Act (IV of 1882), S. 54---Suit for specific performance of agreement to sell immoveable property filed by vendee---Bal…
2021 SCMR 1270 SUPREME-COURT
MUHAMMAD ASIF AWAN VS DAWOOD KHAN art. 185(3)---Order of the Supreme Court granting/refusing leave---Such order was not a judgment which decided a question of law and therefore, it should not be followed necessarily and imperatively.
2021 SCMR 1270 SUPREME-COURT
MUHAMMAD ASIF AWAN VS DAWOOD KHAN Ss. 12 & 24(b)---Transfer of Property Act (IV of 1882), S. 54---Suit for specific performance of agreement to sell immoveable property---Balance sale consideration---Deposit in court---Powers of Trial Court…
2021 SCMR 1277 SUPREME-COURT
Sheikh ISHTIAQ AHMAD VS MUHAMMAD USMAN ALI SHEIKH S. 6(1)(c)---Civil Procedure Code (V of 1908), O. VII, R. 11---Suit for pre-emption---Shafi Jar---Proof---Plaint of suit not mentioning whether pre-emptor was owner of immovable property adj…
2021 SCMR 1281 SUPREME-COURT
GOVERNMENT OF KHYBER PAKHTUNKHWA VS HIZBULLAH KHAN Promotion--- Criteria--- Eligibility and fitness--- Scope--- While considering the case of promotion on seniority-cum-fitness, the question of eligibility and fitness had to be determined--…
2021 SCMR 1281 SUPREME-COURT
GOVERNMENT OF KHYBER PAKHTUNKHWA VS HIZBULLAH KHAN Promotion---Departmental Promotion Committee (DPC)---Once an employee's case (for promotion) was put up before the DPC, the same had to be decided by the DPC fairly, justly and honestly, by…
2021 SCMR 1284 SUPREME-COURT
MUHAMMAD SIDDIQUE VS Senior EXECUTIVE VICE-PRESIDENT, PTCL Voluntary Separation Scheme (VSS)---Emoluments---Calculation of emoluments on basis of "Last basic pay" after availing VSS---Documentary evidence (Last Pay Certificate and Initial P…
2021 SCMR 1287 SUPREME-COURT
AKHTAR ULLAH alias AKHTAR ALI VS State S. 497(2)---Penal Code (XLV of 1860), Ss. 324, 34 & 427---Attempt to commit qatl-i-amd, common intention, mischief causing damage to the amount of fifty rupees---Bail, grant of---Further inquiry---Inju…
2021 SCMR 1290 SUPREME-COURT
COMMISSIONER INLAND REVENUE ZONE BAHAWALPUR, REGIONAL TAX OFFICE, BAHAWALPUR VS MESSRS BASHIR AHMED (DECEASED) Ss. 111(1)(b), 122(1), 122(5) & 122(9)---amendment of deemed assessment order on basis of 'definite information'---Scope---Findin…
2021 SCMR 1290 SUPREME-COURT
COMMISSIONER INLAND REVENUE ZONE BAHAWALPUR, REGIONAL TAX OFFICE, BAHAWALPUR VS MESSRS BASHIR AHMED (DECEASED) Ss. 111(1)(b), 122(1), 122(5) & 122(9)---amendment of deemed assessment order---'Definite information' ---Scope---Tax return file…
2021 SCMR 1295 SUPREME-COURT
SAEED YOUSAF VS State S. 497(2)---Bail---Absconsion of accused---Effect---Accused could be granted bail if his case was otherwise made out on merits and his mere absconsion would not come in the way of his bail---Effect of absconsion depend…
2021 SCMR 1295 SUPREME-COURT
SAEED YOUSAF VS State S. 497(2)---Penal Code (XLV of 1860), Ss. 302, 324 & 34---Qatl-i-amd, attempt to commit qatl-i-amd, common intention---Bail, grant of----Further inquiry---Suspicious injuries---Nature of injuries not described in medic…
2021 SCMR 1295 SUPREME-COURT
SAEED YOUSAF VS State S. 497---Bail---Co-accused persons fugitives from law---Effect---During bail stage criminal liability could not be shifted from one person to the other merely on the ground that the co-accused of the accused were still…
2021 SCMR 1298 SUPREME-COURT
IJAZ BASHIR QURESHI VS SHAMS-UN-NISA QURESHI Ss. 182 & 202---Irrevocable Power of Attorney---Test---When an agent himself had interest in the property which formed subject matter of the agency, the same could not be terminated to the prejud…
2021 SCMR 1298 SUPREME-COURT
IJAZ BASHIR QURESHI VS SHAMS-UN-NISA QURESHI Ss. 182 & 202---General Power of Attorney---Gift---Interest of attorney in the property ---Widow appointed as attorney by her children transferring her share and that of her son in subject proper…
2021 SCMR 1298 SUPREME-COURT
IJAZ BASHIR QURESHI VS SHAMS-UN-NISA QURESHI Ss. 182 & 202---Irrevocable general Power of Attorney---Interest of attorney in the property---Whether under a general Power of Attorney the attorney could himself/herself transfer the property o…
2021 SCMR 1305 SUPREME-COURT
ZARAI TARAQIATI BANK LIMITED VS SARFRAZ KHAN JADOON Out of turn promotions---Illegal promotion orders set aside by the Supreme Court---Prospective effect---Recovery/adjustment of financial benefits paid to such promotees---Held, that in the…
2021 SCMR 1305 SUPREME-COURT
ZARAI TARAQIATI BANK LIMITED VS SARFRAZ KHAN JADOON 'Hereby'---Meaning.
2021 SCMR 1308 SUPREME-COURT
COMMISSIONER INLAND REVENUE, MULTAN VS ACRO SPINNING AND WEAVING MILLS LTD., MULTAN Ss. 3(1), 3(1a) & 4 [as they existed before the Finance act, 2017]---SRO No. 1125(I)/2011 dated 31-12-2011 (as amended vide SRO No. 491(I)/2016 dated 30-06-…
2021 SCMR 1308 SUPREME-COURT
COMMISSIONER INLAND REVENUE, MULTAN VS ACRO SPINNING AND WEAVING MILLS LTD., MULTAN Ss. 3(1), 3(1a) & 4 [as they existed before the Finance act, 2017]---SRO No. 1125(I)/2011 dated 31-12-2011 (as amended vide SRO No. 491(I)/2016 dated 30-06-…
2021 SCMR 1313 SUPREME-COURT
QUETTA DEVELOPMENT AUTHORITY VS ABDUL BASIT Civil Procedure Code (V of 1908), S. 11---appointment orders, restoration of---Res-judicata, principle of---applicability---appellant authority/employer ('the authority") in the present round of l…
2021 SCMR 1313 SUPREME-COURT
QUETTA DEVELOPMENT AUTHORITY VS ABDUL BASIT art. 25---Civil service---appointment orders, restoration of---Relief of restoration of appointments orders granted to similarly and equally placed employees---Present employees/respondents were a…
2021 SCMR 1313 SUPREME-COURT
QUETTA DEVELOPMENT AUTHORITY VS ABDUL BASIT art 199---Constitutional petition before the High Court---Laches, principle of---Scope---Rule of laches was applied in accordance with facts and circumstances of each case, and it could not be mad…
2021 SCMR 1319 SUPREME-COURT
ZUBAIR ALI VS ELECTION COMMISSION OF PAKISTAN S. 2(xxxix)--- Constitution of Pakistan, Art. 59(1)---Senate elections---Technocrat seat---Eligibility---Requirement of 'twenty years' of professional experience for being eligible to contest on…
2021 SCMR 1319 SUPREME-COURT
ZUBAIR ALI VS ELECTION COMMISSION OF PAKISTAN Ss. 2(xxxix) & 62---Constitution of Pakistan, Art. 59(1)---Senate elections---Nomination papers, rejection of---Technocrat seat---Eligibility---Held, that in his nomination papers the petitioner…
2021 SCMR 1319 SUPREME-COURT
ZUBAIR ALI VS ELECTION COMMISSION OF PAKISTAN S. 2(xxxix)--- Constitution of Pakistan, Art. 59(1)---Senate elections---Technocrat seat---Eligibility---In terms of S. 2(xxxix) of Elections Act, 2017, technocrat, meant a person, who had studi…
2021 SCMR 1325 SUPREME-COURT
COMMISSIONER INLAND REVENUE ZONE-I, LTU VS MCB BANK LIMITED S. 161---Failure to pay tax collected or deducted---Show cause notice---Section 161 of the Income Tax Ordinance, 2001 ('the 2001 Ordinance')---Scope---Section 161 of the 2001 Ordin…
2021 SCMR 1325 SUPREME-COURT
COMMISSIONER INLAND REVENUE ZONE-I, LTU VS MCB BANK LIMITED S. 161---Failure to pay tax collected or deducted---Show cause notice---General and vague show cause notices issued by tax authorities under S. 161 of Income Tax Ordinance, 2001 by…
2021 SCMR 1325 SUPREME-COURT
COMMISSIONER INLAND REVENUE ZONE-I, LTU VS MCB BANK LIMITED S. 161---Failure to deduct tax---Show cause notice---Legality---Show cause notice issued to the taxpayer did not merely demand information regarding deductions; it also contained t…
2021 SCMR 1336 SUPREME-COURT
SOHAIL AHMED VS Haji SHAFQAT ALI R. 17---Lambardar, appointment of---Eligibility of candidate---In view of the duties a Lambardar was supposed to perform, it was necessary that he should be present at all times in the village or Chak for wh…
2021 SCMR 1336 SUPREME-COURT
SOHAIL AHMED VS Haji SHAFQAT ALI R. 17--Lambardar, appointment of---Process of appointment lacking bona fides---Record showed that there were only two contenting candidates for the position of Lambardar; one from the Chak for which the Lamb…
2021 SCMR 1341 SUPREME-COURT
MUHAMMAD FARRUKH IQBAL VS Mrs. AYESHA IRAM S. 123---Registration Act (XVI of 1908), S. 17(a)---Purported oral gift---House allegedly gifted through a "Declaration of Oral Gift"---Whether such gift document was required to be registered ---H…
2021 SCMR 1341 SUPREME-COURT
MUHAMMAD FARRUKH IQBAL VS Mrs. AYESHA IRAM Oral gift---Proof---Trial Court had rightly found that there was no signature or thumb impression of the donor on the first page of the gift document while there were three thumb impressions, purpo…
2021 SCMR 1344 SUPREME-COURT
MUHAMMAD QASIM VS State S. 497---Drugs act 1976 (XXXI of 1976), Ss. 23 & 27---Drug Regulatory authority of Pakistan act (XXI of 2012), Ss. 2(ii) & 27(2)---Penal Code (XLV of 1860), S. 109---Manufacturing/stocking and selling therapeutic dru…
2021 SCMR 1347 SUPREME-COURT
STATE LIFE INSURANCE CORPORATION OF PAKISTAN VS ATTA UR REHMAN S. 75---Life insurance policy---Duty of utmost good faith on part of insured---Scope---Insured mentioning in his insurance application that he never had heart disease, when in f…
2021 SCMR 1355 SUPREME-COURT
MUHAMMAD SHARIF VS Mst. NIAMAT BIBI Inheritance---Sunni fiqh---Consanguine paternal uncle's son---Deceased dying issue-less and leaving behind only one full sister---Full sister would inherit both as a sister and if there was no residuary i…
2021 SCMR 1358 SUPREME-COURT
FAYYAZ HUSSAIN VS EXECUTIVE DISTRICT OFFICER (EDUCATION), CITY DISTRICT GOVERNMENT RAWALPINDI Ss. 4(1)(b) & 5(1)(a)---Willful absence from duty---Major penalty---Regular inquiry---Not required---Where the absence from duty was admitted, the…
2021 SCMR 1358 SUPREME-COURT
FAYYAZ HUSSAIN VS EXECUTIVE DISTRICT OFFICER (EDUCATION), CITY DISTRICT GOVERNMENT RAWALPINDI S. 4(1)(b)(v)---Willful absence from duty---Removal from service---Petitioner remained absent from duty for a period of eight long years without o…
2021 SCMR 1362 SUPREME-COURT
The COMMISSIONER IR (LEGAL), RTO, PESHAWAR VS AGE INDUSTRIES (PVT.) LTD., 97-A INDUSTRIAL ESTATE JAMRUD ROAD, PESHAWAR S. 80C & Second Sched., Pt IV, Cl. 9 [as amended by the Finance Act, 1996]---Presumptive tax regime---Finance Act, 1996 a…
2021 SCMR 1367 SUPREME-COURT
TASAWAR HUSSAIN VS DEPUTY COMMISSIONER DISTRICT JHELUM Ss. 4(1)(b)(v) & 4(1)(b)(vi)---Major penalties---'Dismissal from service' and 'removal from service'---Distinction---Penalty of removal from service did not debar the employee to seek r…
2021 SCMR 1367 SUPREME-COURT
TASAWAR HUSSAIN VS DEPUTY COMMISSIONER DISTRICT JHELUM Ss. 4(1)(b)(v) & 4(1)(b)(vi)---Willful absence from duty---Penalty of dismissal from service converted to removal from service---Appellant remained absent from duty for a long period of…
2021 SCMR 1367 SUPREME-COURT
TASAWAR HUSSAIN VS DEPUTY COMMISSIONER DISTRICT JHELUM Ss. 10(6) & 13---Inquiry officer, recommendations of---Scope---Competent authority was not under obligation to act according to the recommendations made by the Inquiry Officer, rather i…
2021 SCMR 1367 SUPREME-COURT
TASAWAR HUSSAIN VS DEPUTY COMMISSIONER DISTRICT JHELUM Ss. 10(6) & 13(5)(ii)---Enhancement of penalty by competent authority---Judiciable reasoning---While enhancing the penalty (recommended by the inquiry officer), the competent authority…
2021 SCMR 1367 SUPREME-COURT
TASAWAR HUSSAIN VS DEPUTY COMMISSIONER DISTRICT JHELUM Ss. 4(1)(b) & 5(1)(a)---Wilful absence from duty---Major penalty---Regular inquiry---Not required---Where the absence from duty was admitted, there was no need to hold regular inquiry.
2021 SCMR 1373 SUPREME-COURT
ZULFIQAR ALI VS State S. 302(b)--- Qatl-i-amd---Reappraisal of evidence---Benefit of doubt---Presence of witnesses at scene of occurrence doubtful---Record of the case showed that accused operated with impunity in inflicting fatal blows to…
2021 SCMR 1376 SUPREME-COURT
GOVERNMENT OF KHYBER PAKHTUNKHWA VS SAEED-UL-HASSAN Contract/project posts---Regularization in service, right of---Scope---Long or satisfactory contractual service did not confer a vested right for regularization as conversion from contract…
2021 SCMR 1376 SUPREME-COURT
GOVERNMENT OF KHYBER PAKHTUNKHWA VS SAEED-UL-HASSAN Contract/project posts---Termination from service on completion of projects---High Court ordering reinstatement and regularization of project employees---Legality---Policy for the projects…
2021 SCMR 1376 SUPREME-COURT
GOVERNMENT OF KHYBER PAKHTUNKHWA VS SAEED-UL-HASSAN art. 199---Constitutional jurisdiction of the High Court---Scope---Jurisdiction of the High Court was to interpret the law, test its vires on the touchstone of the Constitution and examine…
2021 SCMR 1376 SUPREME-COURT
GOVERNMENT OF KHYBER PAKHTUNKHWA VS SAEED-UL-HASSAN art. 199---Constitutional jurisdiction of the High Court---Scope---Civil service---Creation/abolishment of posts---Domain of Executive---Executive policy making was not the domain of the H…
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