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
2022 PLD 72 HIGH-COURT-AZAD-KASHMIR
MOHAMMAD BASHIR KHAN VS MOHAMMAD AZAM KHAN S. 12(2)---Bar to further suit---Scope---Where the fraud is apparent on the face of record and proceedings of suit, decree obtained as a result thereof is liable to be annulled.
2022 PLD 72 HIGH-COURT-AZAD-KASHMIR
MOHAMMAD BASHIR KHAN VS MOHAMMAD AZAM KHAN Ss. 42 & 39---Suit for declaration and cancellation---Cancellation of consent decree---Scope---Plaintiffs filed a suit for declaration and cancellation of consent decree obtained by defendants qua…
2022 PLD 72 HIGH-COURT-AZAD-KASHMIR
MOHAMMAD BASHIR KHAN VS MOHAMMAD AZAM KHAN Void judgment---Scope---If the judgment and decree is void in the eyes of law then question of limitation can be ignored.
2022 PLD 72 HIGH-COURT-AZAD-KASHMIR
MOHAMMAD BASHIR KHAN VS MOHAMMAD AZAM KHAN Preponderance of evidence---Scope---Courts of law in civil cases have to record findings in favour of the party in whose favour the material has been brought on record---Preponderance of probabilit…
2022 PLD 72 HIGH-COURT-AZAD-KASHMIR
MOHAMMAD BASHIR KHAN VS MOHAMMAD AZAM KHAN S. 100---Second appeal---Concurrent findings---Scope---Concurrent findings of fact are open to attack if the same are not supported by any evidence or otherwise are unreasonable or perverse.
2022 PLD 72 HIGH-COURT-AZAD-KASHMIR
MOHAMMAD BASHIR KHAN VS MOHAMMAD AZAM KHAN O. VIII, R. 4, O. IX, R. 8, O. X, R. 1 & O. XII, R. 1---Evasive denial---Procedure where defendant only appears---Ascertainment whether allegations in pleadings are admitted or denied---Notice of a…
2022 PLD 72 HIGH-COURT-AZAD-KASHMIR
MOHAMMAD BASHIR KHAN VS MOHAMMAD AZAM KHAN S. 100---Second appeal---Concurrent findings---Scope---Narrow corridors are provided to indulge and embark upon the findings concurrently recorded by the two courts below.
2022 PLD 57 HIGH-COURT-AZAD-KASHMIR
JAVED AHMED KHAN VS Mst. NOREEN (WIDOW) Ss. 100, 114 & 115---appeal, review and revision were substantive/ statutory remedies provided by law.
2022 PLD 57 HIGH-COURT-AZAD-KASHMIR
JAVED AHMED KHAN VS Mst. NOREEN (WIDOW) Maxim "ex debito justitiae"---Meaning and scope---Doctrine of Ex debito justitiae meant "as a matter of right or what a person is entitled to as of right"---Said doctrine was entrenched/engrained in t…
2022 PLD 57 HIGH-COURT-AZAD-KASHMIR
JAVED AHMED KHAN VS Mst. NOREEN (WIDOW) Ss. 100, 104 & O. XLIII, R. 1---"Ex debito justitiae", doctrine of---Suit for declaration and perpetual injunction was filed by the respondents claiming that they were owners of the land and that appe…
2022 PLD 61 HIGH-COURT-AZAD-KASHMIR
RIAZ FURNISHERS (PVT.) LTD. VS EXECUTIVE ENGINEER PHYSICAL PLANNING AND HOUSING DEPARTMENT MAINTENANCE DIVISION Public functionaries must act honestly, fairly in matters of contracts regarding public interest.
2022 PLD 61 HIGH-COURT-AZAD-KASHMIR
RIAZ FURNISHERS (PVT.) LTD. VS EXECUTIVE ENGINEER PHYSICAL PLANNING AND HOUSING DEPARTMENT MAINTENANCE DIVISION Law does not allow issuance of any rigmorale and zigzag issuance of orders.
2022 PLD 61 HIGH-COURT-AZAD-KASHMIR
RIAZ FURNISHERS (PVT.) LTD. VS EXECUTIVE ENGINEER PHYSICAL PLANNING AND HOUSING DEPARTMENT MAINTENANCE DIVISION Deviation of law gives birth to concept of club law and lawlessness.
2022 PLD 61 HIGH-COURT-AZAD-KASHMIR
RIAZ FURNISHERS (PVT.) LTD. VS EXECUTIVE ENGINEER PHYSICAL PLANNING AND HOUSING DEPARTMENT MAINTENANCE DIVISION Public functionaries are under legal obligation to decide controversies between the parties with reasons.
2022 PLD 61 HIGH-COURT-AZAD-KASHMIR
RIAZ FURNISHERS (PVT.) LTD. VS EXECUTIVE ENGINEER PHYSICAL PLANNING AND HOUSING DEPARTMENT MAINTENANCE DIVISION art. 44---Writ petition---Maintainability---Scope---Where allegations are based on statutory rules and other legal documents for…
2022 PLD 61 HIGH-COURT-AZAD-KASHMIR
RIAZ FURNISHERS (PVT.) LTD. VS EXECUTIVE ENGINEER PHYSICAL PLANNING AND HOUSING DEPARTMENT MAINTENANCE DIVISION arts. 44, 4(4)(1) & 4(4)(19)---General Clauses act (X of 1897), S.24-a---Security of person---Right to fair trial---Reasons for…
2022 PLD 61 HIGH-COURT-AZAD-KASHMIR
RIAZ FURNISHERS (PVT.) LTD. VS EXECUTIVE ENGINEER PHYSICAL PLANNING AND HOUSING DEPARTMENT MAINTENANCE DIVISION Every citizen has to be dealt with in accordance with law and not on the basis of whims and caprice of the executive authorities…
2022 PLD 61 HIGH-COURT-AZAD-KASHMIR
RIAZ FURNISHERS (PVT.) LTD. VS EXECUTIVE ENGINEER PHYSICAL PLANNING AND HOUSING DEPARTMENT MAINTENANCE DIVISION Law requires performance of an act in a way as it is prescribed otherwise performance of the same is nullity.
2022 PLD 61 HIGH-COURT-AZAD-KASHMIR
RIAZ FURNISHERS (PVT.) LTD. VS EXECUTIVE ENGINEER PHYSICAL PLANNING AND HOUSING DEPARTMENT MAINTENANCE DIVISION art. 44---Writ petition---Maintainability---Scope---Modern and progressive juristic approach regarding maintainability of consti…
2022 PLD 61 HIGH-COURT-AZAD-KASHMIR
RIAZ FURNISHERS (PVT.) LTD. VS EXECUTIVE ENGINEER PHYSICAL PLANNING AND HOUSING DEPARTMENT MAINTENANCE DIVISION Reversal of a validly issued legal instrument which creates certain rights in favour of other party and in furtherance of some d…
2022 PLD 61 HIGH-COURT-AZAD-KASHMIR
RIAZ FURNISHERS (PVT.) LTD. VS EXECUTIVE ENGINEER PHYSICAL PLANNING AND HOUSING DEPARTMENT MAINTENANCE DIVISION Public functionaries dealing with rights and obligations of persons are required to give valid reasons in their orders which are…
2022 PLD 61 HIGH-COURT-AZAD-KASHMIR
RIAZ FURNISHERS (PVT.) LTD. VS EXECUTIVE ENGINEER PHYSICAL PLANNING AND HOUSING DEPARTMENT MAINTENANCE DIVISION Government functionaries have to act fairly, justly, equitably and reasonably.
2022 PLD 61 HIGH-COURT-AZAD-KASHMIR
RIAZ FURNISHERS (PVT.) LTD. VS EXECUTIVE ENGINEER PHYSICAL PLANNING AND HOUSING DEPARTMENT MAINTENANCE DIVISION art. 44---General Clauses act (X of 1897), S. 24-a---If the public functionaries fail to act within the parameters of S. 24-a of…
2022 PLD 61 HIGH-COURT-AZAD-KASHMIR
RIAZ FURNISHERS (PVT.) LTD. VS EXECUTIVE ENGINEER PHYSICAL PLANNING AND HOUSING DEPARTMENT MAINTENANCE DIVISION Discretionary jurisdiction---Principles detailed.
2022 PLD 72 HIGH-COURT-AZAD-KASHMIR
MOHAMMAD BASHIR KHAN VS MOHAMMAD AZAM KHAN S. 107, O. XLI, Rr. 33 & 24---Powers of appellate Court---Where evidence on record is sufficient, appellate Court may determine case finally---Scope---appeal is continuation of the suit and under S…
2022 PLD 72 HIGH-COURT-AZAD-KASHMIR
MOHAMMAD BASHIR KHAN VS MOHAMMAD AZAM KHAN S. 100---Second appeal---Concurrent findings---Scope---Narrow corridors are provided to indulge and embark upon the findings concurrently recorded by the two courts below.
2022 PLD 72 HIGH-COURT-AZAD-KASHMIR
MOHAMMAD BASHIR KHAN VS MOHAMMAD AZAM KHAN arts. 113 & 133---Facts admitted need not be proved---Cross-examination---Scope---admitted facts need not to be proved and material disposition remaining un-challenged in cross-examination amounts…
2022 PLD 72 HIGH-COURT-AZAD-KASHMIR
MOHAMMAD BASHIR KHAN VS MOHAMMAD AZAM KHAN S. 12(2)---Bar to further suit---Scope---Where the fraud is apparent on the face of record and proceedings of suit, decree obtained as a result thereof is liable to be annulled.
2022 PLD 72 HIGH-COURT-AZAD-KASHMIR
MOHAMMAD BASHIR KHAN VS MOHAMMAD AZAM KHAN Courts have to decide the cases on the basis of pleadings of the parties and material propositions raised, in the light of proof brought on record.
2022 PLD 72 HIGH-COURT-AZAD-KASHMIR
MOHAMMAD BASHIR KHAN VS MOHAMMAD AZAM KHAN Ss. 42 & 39---Suit for declaration and cancellation---Cancellation of consent decree---Scope---Plaintiffs filed a suit for declaration and cancellation of consent decree obtained by defendants qua…
2022 PLD 72 HIGH-COURT-AZAD-KASHMIR
MOHAMMAD BASHIR KHAN VS MOHAMMAD AZAM KHAN S. 100---Second appeal---Concurrent findings---Scope---Concurrent findings of fact are open to attack if the same are not supported by any evidence or otherwise are unreasonable or perverse.
2022 PLD 72 HIGH-COURT-AZAD-KASHMIR
MOHAMMAD BASHIR KHAN VS MOHAMMAD AZAM KHAN S. 42---Suit for declaration---Co-sharer---Scope---Every co-sharer is deemed to be the owner of every piece and parcel of the land unless the same is regularly partitioned.
2022 PLD 72 HIGH-COURT-AZAD-KASHMIR
MOHAMMAD BASHIR KHAN VS MOHAMMAD AZAM KHAN Fraud vitiates all solemn proceedings.
2022 PLD 72 HIGH-COURT-AZAD-KASHMIR
MOHAMMAD BASHIR KHAN VS MOHAMMAD AZAM KHAN Void judgment---Scope---If the judgment and decree is void in the eyes of law then question of limitation can be ignored.
2022 PLD 72 HIGH-COURT-AZAD-KASHMIR
MOHAMMAD BASHIR KHAN VS MOHAMMAD AZAM KHAN No limitation runs against a person who was not a party to the proceedings, which adversely affects his rights---Question of limitation is applicable against that party who is contesting the claim…
2022 PLD 72 HIGH-COURT-AZAD-KASHMIR
MOHAMMAD BASHIR KHAN VS MOHAMMAD AZAM KHAN Preponderance of evidence---Scope---Courts of law in civil cases have to record findings in favour of the party in whose favour the material has been brought on record---Preponderance of probabilit…
2022 PLD 72 HIGH-COURT-AZAD-KASHMIR
MOHAMMAD BASHIR KHAN VS MOHAMMAD AZAM KHAN O. VIII, R. 5---Specific denial---Scope---Every allegation of fact in the plaint, if not denied specifically or by necessary implication or not traversed (denied expressly) or stated to be admitted…
2022 PLD 72 HIGH-COURT-AZAD-KASHMIR
MOHAMMAD BASHIR KHAN VS MOHAMMAD AZAM KHAN O. VIII, R. 4, O. IX, R. 8, O. X, R. 1 & O. XII, R. 1---Evasive denial---Procedure where defendant only appears---Ascertainment whether allegations in pleadings are admitted or denied---Notice of a…
2022 PLD 18 HIGH-COURT-AZAD-KASHMIR
SAKINA VS State S. 497---Bail---Discretionary jurisdiction---Scope---Right of an accused to be enlarged on bail under the provisions of S. 497(1), Cr.P.C. is a statutory right which cannot be denied under the discretionary powers of the Cou…
2022 PLD 18 HIGH-COURT-AZAD-KASHMIR
SAKINA VS State S. 497---Bail---Discretionary jurisdiction---Scope---Words "or to a person who, in the opinion of the Court, is a hardened, desperate, dangerous criminal" clearly show discretion of the Court to refuse bail to a hardened, de…
2022 PLD 18 HIGH-COURT-AZAD-KASHMIR
SAKINA VS State S. 497---Penal Code (XLV of 1860), Ss. 302, 297 & 34---Azad Jammu and Kashmir Arms and Ammunition Act (III of 2016), S. 15---Qalt-i-amd, offering indignity to human corpse and common intention---Bail, refusal of---Desperate…
2022 PLC(CS) 975 HIGH-COURT-AZAD-KASHMIR
NAVEED NAZIR VS DEPARTMENT OF AGRICULTURE, LIVESTOCK, IRRIGATION AND ESMA art.44---Writ petition---Maintainability---appointment to advertised post---Scope---When a person actively participates in the selection process subsequently he canno…
2022 PLC(CS) 975 HIGH-COURT-AZAD-KASHMIR
NAVEED NAZIR VS DEPARTMENT OF AGRICULTURE, LIVESTOCK, IRRIGATION AND ESMA art.44---Writ petition---Maintainability---appointment to advertised post---Estoppel and acquiescence---Conduct of petitioner---Scope---Petitioner assailed appointmen…
2022 PLC(CS) 1146 HIGH-COURT-AZAD-KASHMIR
MOHAMMAD JUNAID KHAN VS AZAD JAMMU AND KASHMIR UNIVERSITY arts.44, 15 & 17---Writ petition---Equality of citizens---Safeguard against discrimination in service---Maintainability---Violation of fundamental rights---Scope---Petitioner sought…
2022 PLC(CS) 1246 HIGH-COURT-AZAD-KASHMIR
ANWAR MEHMOOD VS SHAKEEL QADIR, CHIEF SECRETARY AZAD JAMMU AND KASHMIR art.44---Writ petition---Writ of prohibition---Removal of civil servant by Election Commission---Scope---Petitioner sought issuance of a writ of prohibition directing th…
2022 PLC(CS) 1270 HIGH-COURT-AZAD-KASHMIR
MUHAMMAD QASIM, MECHANIC VS SUPERINTENDENT ENGINEER PUBLIC HEALTH ENGINEERING/BUILDING (NORTH) POONCH DIVISION RAWALKOT AZAD KASHMIR R.17---Petitioners contended that they were serving as temporary employees of Public Health Department sinc…
2022 PLC(CS) 1294 HIGH-COURT-AZAD-KASHMIR
AQIB ALI VS CHIEF ENGINEER (POWER) STATION MANGLA MIRPUR art.44---Writ petition---Jurisdiction---Scope---Writ cannot be issued under art. 44 of the azad Jammu and Kashmir Interim Constitution, 1974, against the authorities, institutions, or…
2022 PLC(CS) 1294 HIGH-COURT-AZAD-KASHMIR
AQIB ALI VS CHIEF ENGINEER (POWER) STATION MANGLA MIRPUR art.44---Writ petition---Jurisdiction---Scope---Where the respondents were performing their functions in respect of affairs of Government of Pakistan and not in respect of affairs of…
2022 PLC(CS) 1294 HIGH-COURT-AZAD-KASHMIR
AQIB ALI VS CHIEF ENGINEER (POWER) STATION MANGLA MIRPUR art.44---Writ petition---alternate remedy, availability of---Estoppel---Scope---Petitioner claimed that he was a State Subject of azad Jammu and Kashmir; that he was serving as contin…
2022 PLC(CS) 1417 HIGH-COURT-AZAD-KASHMIR
Khawaja NAZIR AHMED VS AZAD GOVERNMENT OF THE STATE OF JAMMU AND KASHMIR Time scale promotion---Scope---Time scale incentive is meant to extend monetary benefit to the employees of the State having ten years service in the same scale with n…
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