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 MLD 1209 HIGH-COURT-AZAD-KASHMIR
TAHIR SALEEM MUGHAL VS State art.44---Writ petition---Quashing of FIR---Scope---Constitutional window is open for interference in suitable cases where some gross violation of law itself is oozing from the record or criminal law has been set…
2022 MLD 1254 HIGH-COURT-AZAD-KASHMIR
EJAZ RASHEED VS AZAD JAMMU AND KASHMIR EHTESAB BUREAU art.44---Writ petition---Quashing of proceedings---Scope---Investigation should not be hampered in exercise of writ jurisdiction unless it is proved that the investigation lacks legal ef…
2022 MLD 1254 HIGH-COURT-AZAD-KASHMIR
EJAZ RASHEED VS AZAD JAMMU AND KASHMIR EHTESAB BUREAU Ss. 2, 3, 4, 10 & 11---Oil Fields and Mineral Development (Government Control) Act (XXIV of 1948), Preamble---Azad Jammu and Kashmir Mining Concession Rules, 2002, R.23---Writ Petition--…
2022 MLD 1254 HIGH-COURT-AZAD-KASHMIR
EJAZ RASHEED VS AZAD JAMMU AND KASHMIR EHTESAB BUREAU art.44---Writ petition---alternate remedy---Scope---Writ jurisdiction could not be exercised against a notice because the aggrieved person has an alternate and efficacious remedy for red…
2022 MLD 1294 HIGH-COURT-AZAD-KASHMIR
MUHAMMAD TAHIR VS CHAIRMAN BOARD OF GOVERNORS P.M. AZADJAMMU AND KASHMIR art.44---Writ petition---Writ of quo warranto---Bona fide of petitioner---Scope---In case of writ of quo warranto the question of laches is relevant to check the bona…
2022 MLD 1306 HIGH-COURT-AZAD-KASHMIR
NAQASH RASHEED VS State Ss. 432 & 433---Reference by Presidency Magistrate to High Court---Disposal of case according to decision of High Court and direction as to costs---Scope---Accused sought bail after arrest on statutory ground of dela…
2022 MLD 1320 HIGH-COURT-AZAD-KASHMIR
MOHAMMAD NAZIR VS ALIM DEEN S.100---Second appeal---Concurrent findings---Jurisdiction---Different conclusion from evidence, possibility of---Interference for the mere fact that the appraisal of evidence may suggest another view of the matt…
2022 MLD 1320 HIGH-COURT-AZAD-KASHMIR
MOHAMMAD NAZIR VS ALIM DEEN S.100---Second appeal---Concurrent decree---Entry in revenue record, cancellation of---Counter suits were consolidated by Trial Court---Suit for declaration and perpetual injunction was filed by respondents alleg…
2022 MLD 1540 HIGH-COURT-AZAD-KASHMIR
JAVAID IQBAL VS MOHAMMAD SHABBIR Documentary evidence---Scope---Documentary evidence can be rebutted only through documentary evidence or through concrete, tangible and credible evidence of an extraordinary nature.
2022 MLD 1540 HIGH-COURT-AZAD-KASHMIR
JAVAID IQBAL VS MOHAMMAD SHABBIR S.12---Suit for specific performance---Description of land---Scope---Where the defendants claimed that the specification and location of the sold land was not mentioned in the agreement, hence, the agreement…
2022 MLD 1540 HIGH-COURT-AZAD-KASHMIR
JAVAID IQBAL VS MOHAMMAD SHABBIR Ss.42 & 54---Suit for declaration and permanent injunction---Specific performance of agreement to sell---Scope---Where plaintiff had filed a suit for declaration and possession on the basis of an agreement t…
2022 MLD 1540 HIGH-COURT-AZAD-KASHMIR
JAVAID IQBAL VS MOHAMMAD SHABBIR art.113---Specific Relief act (I of 1877), S. 12---Suit for specific performance of agreement to sell---Limitation---Scope---When the time period for execution of an agreement to sell is not mentioned, the l…
2022 MLD 1540 HIGH-COURT-AZAD-KASHMIR
JAVAID IQBAL VS MOHAMMAD SHABBIR Ss.42 & 54---Qanun-e-Shahadat (10 of 1984), Art. 100---Suit for declaration and permanent injunction---Presumption as to documents thirty years old---Specific performance of agreement to sell---Scope---Plain…
2022 MLD 1565 HIGH-COURT-AZAD-KASHMIR
KHADAM HUSSAIN VS KHURSHEED BIBI Ss.42 & 54---Suit for declaration and perpetual injunction---Co-sharer of property, rights of---Scope---Plaintiff filed suit for declaration and perpetual injunction alleging therein that she was owner in po…
2022 MLD 1565 HIGH-COURT-AZAD-KASHMIR
KHADAM HUSSAIN VS KHURSHEED BIBI Civil cases are to be decided on the basis of doctrine of preponderance of probability of evidence.
2022 MLD 1812 HIGH-COURT-AZAD-KASHMIR
ISRAR alias QARI VS State S.426---Suspension of sentence pending appeal---Release of appellant on bail---Scope---Sentence under S.426, Cr.P.C., can be suspended after coming to the conclusion that at the end of the day, there would be no ch…
2022 MLD 1812 HIGH-COURT-AZAD-KASHMIR
ISRAR alias QARI VS State Ss.426 & 497---Suspension of sentence pending appeal---Release of appellant on bail---Scope---Power of Appellate Court under S. 426(1), Cr.P.C., is not limited and Court, during the pendency of appeal may suspend t…
2022 PLD 25 HIGH-COURT-AZAD-KASHMIR
MUHAMMAD WARIS VS DISTRICT MAGISTRATE DISTRICT MUZAFFARABAD, AZAD JAMMU AND KASHMIR art. 44---Writ petition---Cancellation of State Subject Certificates---Protection of ill-gotten gains---Scope---Petitioners assailed cancellation of their S…
2022 PCrLJ 235 HIGH-COURT-AZAD-KASHMIR
MUHAMMAD TARIQ VS JUSTICE OF PEACE/SESSIONS JUDGE, MUZAFFARABAD Ss. 154 & 161---Information in cognizable cases---Examination of witnesses by police---Second FIR---Scope---Language employed by the Legislature in S. 154, Cr.P.C. indicates th…
2022 PCrLJ 235 HIGH-COURT-AZAD-KASHMIR
MUHAMMAD TARIQ VS JUSTICE OF PEACE/SESSIONS JUDGE, MUZAFFARABAD Ss. 154 & 173---Information in cognizable cases---Report of police officer---Duty of Investigating Officer---Second FIR---Scope---Matter of registration of multiple FIRs in res…
2022 PCrLJ 484 HIGH-COURT-AZAD-KASHMIR
MISBAH VS SENIOR SUPERINTENDENT OF POLICE, DISTRICT MUZAFFARABAD art. 44---Writ petition---Quashing of FIR---Runaway marriage---Scope---Petitioners being sui juris had got married---Offences alleged in the FIR were not made out against them…
2022 PCrLJ 484 HIGH-COURT-AZAD-KASHMIR
MISBAH VS SENIOR SUPERINTENDENT OF POLICE, DISTRICT MUZAFFARABAD art. 44---Writ petition---Quashing of FIR---Scope---High Court in exercise of writ jurisdiction is not competent to assume the role of investigating agency or the Trial Court…
2022 PCrLJ 484 HIGH-COURT-AZAD-KASHMIR
MISBAH VS SENIOR SUPERINTENDENT OF POLICE, DISTRICT MUZAFFARABAD S. 561-a---Inherent powers of High Court---Scope---Inherent jurisdiction of High Court under S. 561-a, Cr.P.C. is neither alternative nor additional in its character and is to…
2022 PCrLJ 484 HIGH-COURT-AZAD-KASHMIR
MISBAH VS SENIOR SUPERINTENDENT OF POLICE, DISTRICT MUZAFFARABAD art. 44---Writ petition---Quashing of FIR---Runaway marriage---Scope---Normally FIRs are not quashed; however, in the cases where it is found that a sui juris lady contracted…
2022 PCrLJ 484 HIGH-COURT-AZAD-KASHMIR
MISBAH VS SENIOR SUPERINTENDENT OF POLICE, DISTRICT MUZAFFARABAD S. 561-a---Inherent powers of High Court---Scope---High Court while acting under S. 561-a, Cr.P.C., has no power to take the role of investigating agency and declare that the…
2022 PCrLJ 1047 HIGH-COURT-AZAD-KASHMIR
AURANGZAIB VS MUHAMMAD YAQOOB S. 497(5)--- Bail--- Cancellation of bail--- Scope--- Bail can be cancelled only when solid grounds are shown for cancellation of the same i.e. misuse of concession of bail or if there is allegation against the…
2022 PCrLJ 1047 HIGH-COURT-AZAD-KASHMIR
AURANGZAIB VS MUHAMMAD YAQOOB S. 497(5)---Bail---Cancellation of bail---Scope---Merely on the ground that the accused has committed a heinous offence, concession of bail, already granted to the accused cannot be recalled.
2022 PCrLJ 1047 HIGH-COURT-AZAD-KASHMIR
AURANGZAIB VS MUHAMMAD YAQOOB S. 497(5)--- Bail--- Cancellation of bail--- Scope--- Strong and exceptional grounds are required for cancellation of bail granted by a court of competent jurisdiction.
2022 PCrLJ 1047 HIGH-COURT-AZAD-KASHMIR
AURANGZAIB VS MUHAMMAD YAQOOB S. 497---Bail---Scope---Only a tentative assessment of the available record can be made and deeper appreciation of evidence is not warranted under law.
2022 PCrLJ 1652 HIGH-COURT-AZAD-KASHMIR
MAZHAR IQBAL VS State S. 561-a---Prohibition (Enforcement of Hadd) act (IV of 1985), Ss. 11, 14 & 16---allegation of using intoxicant---Petition for quashing of FIR---Scope---Petitioners sought quashing of FIR lodged against them, for being…
2022 PLD 25 HIGH-COURT-AZAD-KASHMIR
GHOSIA RIAZ VS JOINT ADMISSION COMMITTEE FOR ADMISSION IN MEDICAL COLLEGES OF AZAD JAMMU AND KASHMIR arts. 4(4)(1) & 4(4)(15)---Security of person---Equality of State Subjects---Scope---Use of words such as disability, disorder, physically…
2022 PLD 25 HIGH-COURT-AZAD-KASHMIR
GHOSIA RIAZ VS JOINT ADMISSION COMMITTEE FOR ADMISSION IN MEDICAL COLLEGES OF AZAD JAMMU AND KASHMIR art. 44---Writ petition---admission in medical college---Maintain-ability---alternate remedy, availability of---Effect---Petitioner applied…
2022 PLD 25 HIGH-COURT-AZAD-KASHMIR
GHOSIA RIAZ VS JOINT ADMISSION COMMITTEE FOR ADMISSION IN MEDICAL COLLEGES OF AZAD JAMMU AND KASHMIR "Disability"---Meaning---Scope---Concept of disability means lacking one or more physical powers as the ability to walk or to coordinate on…
2022 YLR 431 HIGH-COURT-AZAD-KASHMIR
ABDUL RASHEED MIRZA VS COMMISSIONER REHABILITATION AZAD JAMMU AND KASHMIR "Election"---Meaning---Scope---Word "election" has both "narrow" and "wide" meanings; in the narrow sense, it amounts to selection of the candidates and in wider sens…
2022 YLR 431 HIGH-COURT-AZAD-KASHMIR
ABDUL RASHEED MIRZA VS COMMISSIONER REHABILITATION AZAD JAMMU AND KASHMIR Chap. XI [Ss. 81 to 106-A]---Election disputes---Alternate remedy---Scope---Petitioners challenged the eligibility of rival candidates on different grounds---Validity…
2022 YLR 801 HIGH-COURT-AZAD-KASHMIR
ADEEB TARIQ VS State S. 497---Penal Code (XLV of 1860), Ss. 302, 299, 452 & 34---Azad Jammu and Kashmir Arms and Ammunition Act (III of 2016), S. 15---Qatl-i-amd, house-trespass after preparation for hurt, assault or wrongful restraint---Un…
2022 YLR 1331 HIGH-COURT-AZAD-KASHMIR
JEET HUSSAIN VS JANAT BEGUM S. 8---Limitation Act (IX of 1908), Arts. 144 & 142---Suit for possession---Adverse possession---Limitation---Scope---Plaintiff filed suit for possession claiming therein that he was owner of the suit land wherea…
2022 YLR 1653 HIGH-COURT-AZAD-KASHMIR
MUHAMMAD ZULQARNAIN VS MUHAMMAD PERVAIZ KHAN Ss. 2(v), 2(ix) & 3---Land Ghair Mumkin Charand---Village common purposes---Jamabandi, presumption of correctness---Petitioner contended that the private respondents never remained in possession…
2022 YLR 1669 HIGH-COURT-AZAD-KASHMIR
GHULAM RAZA LATIF VS MUHAMMAD ABBAS KHAN art. 44--- Writ petition--- Interim order---Maintainability--- Scope--- When the special law does not provide the right of appeal against an interlocutory order, the same cannot be challenged by invo…
2022 YLR 1669 HIGH-COURT-AZAD-KASHMIR
GHULAM RAZA LATIF VS MUHAMMAD ABBAS KHAN art. 44---Writ petition---Scope---Writ petition lies where any violation of rules and departure of law has been made.
2022 YLR 1669 HIGH-COURT-AZAD-KASHMIR
GHULAM RAZA LATIF VS MUHAMMAD ABBAS KHAN S. 14--- Eviction of tenant---Tentative rent, determination of---Maintainability--- Scope--- Rent Controller while passing the impugned order for fixation of tentative rent had not committed any ille…
2022 YLR 1746 HIGH-COURT-AZAD-KASHMIR
Syed MOHAMMAD RIZWAN SHAH VS AZAD GOVERNMENT OF THE STATE OF JAMMU AND KASHMIR art. 4(4)(15)---Equality of State Subjects---Public functionaries---Scope---Government functionaries cannot exercise any discretion to become selective, discrimi…
2022 YLR 1746 HIGH-COURT-AZAD-KASHMIR
Syed MOHAMMAD RIZWAN SHAH VS AZAD GOVERNMENT OF THE STATE OF JAMMU AND KASHMIR art. 4(4)(15)---Equality of State Subjects---Scope---Doctrine of "equality before the law and equal protection" is the anchor sheet of the Constitution, it presc…
2022 YLR 1746 HIGH-COURT-AZAD-KASHMIR
Syed MOHAMMAD RIZWAN SHAH VS AZAD GOVERNMENT OF THE STATE OF JAMMU AND KASHMIR S. 24-a---Reasons for decision---Discretionary jurisdiction---Scope---Discretion is not absolute, it is always deemed to be coached by the settled principles of…
2022 YLR 1746 HIGH-COURT-AZAD-KASHMIR
Syed MOHAMMAD RIZWAN SHAH VS AZAD GOVERNMENT OF THE STATE OF JAMMU AND KASHMIR art. 42-B---Decisions of Supreme Court binding on other Courts---Scope---Judgment/decision of the Supreme Court is binding upon all the state functionaries, as w…
2022 YLR 1746 HIGH-COURT-AZAD-KASHMIR
Syed MOHAMMAD RIZWAN SHAH VS AZAD GOVERNMENT OF THE STATE OF JAMMU AND KASHMIR State is not fiefdom of any person howsoever high he may be, everybody is under the law, nobody is above it---In fact, all public power is a trust and has to be…
2022 YLR 1746 HIGH-COURT-AZAD-KASHMIR
Syed MOHAMMAD RIZWAN SHAH VS AZAD GOVERNMENT OF THE STATE OF JAMMU AND KASHMIR Dispensation of justice is not only to be administered by the Courts of law but by every organ and functionary of the State in whichever capacity he is performin…
2022 YLR 1771 HIGH-COURT-AZAD-KASHMIR
NOMAN ASHRAF VS Sardar NAZAR MUHAMMAD KHAN art. 44---Constitutional jurisdiction---Concurrent findings of foras below---Scope---although doctrine of ubi jus ibi remedium envisaged that where there was infringement of right there was a remed…
2022 YLR 1771 HIGH-COURT-AZAD-KASHMIR
NOMAN ASHRAF VS Sardar NAZAR MUHAMMAD KHAN art. 44---Fundamental rights---Rights to continue after demise---Despite passing away of a person, rights/liabilities could not vanish and pending disputes were always liable to be decided in accor…
2022 YLR 1771 HIGH-COURT-AZAD-KASHMIR
NOMAN ASHRAF VS Sardar NAZAR MUHAMMAD KHAN S. 20---Ejectment of tenant and recovery of arrears of rent---Respondent/ landlord claimed that petitioner/tenant only paid rent of one month after execution of tenancy deed and he had defaulted in…
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