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 PLC(CS)N 4 PESHAWAR-HIGH-COURT
HAIDER ALI VS The MANAGING DIRECTOR, BANK OF KHYBER Ss.4, 8, 10, 11, 12 & 24---Bank of Khyber Employees Service Rules, 2012---Constitutional petition against Bank of Khyber---Maintainability---Terms and conditions of service of employees of…
2021 PLC(CS)N 6 PESHAWAR-HIGH-COURT
SANAULLAH VS GOVERNMENT OF KHYBER PAKHTUNKHWA through Secretary Higher Education, Civil Secretariat, Peshawar Regln.11---Regularization of services---Discrimination---Scope---Petitioners sought cancellation of their termination letters and…
2021 PLC(CS)N 6 PESHAWAR-HIGH-COURT
SANAULLAH VS GOVERNMENT OF KHYBER PAKHTUNKHWA through Secretary Higher Education, Civil Secretariat, Peshawar appointment---Scope---Where prescribed procedure was not followed by the concerned authority, the civil servant cannot be blamed f…
2021 PLC(CS)N 6 PESHAWAR-HIGH-COURT
SANAULLAH VS GOVERNMENT OF KHYBER PAKHTUNKHWA through Secretary Higher Education, Civil Secretariat, Peshawar Regln.11(5)(c)---Temporary appointment---Scope---University, under the statutory rules, cannot put an employee on ad hoc basis for…
2021 PLC(CS)N 6 PESHAWAR-HIGH-COURT
SANAULLAH VS GOVERNMENT OF KHYBER PAKHTUNKHWA through Secretary Higher Education, Civil Secretariat, Peshawar Regularization of service---Legitimate expectancy---Scope---Where statutory rules provided for a power to appoint ad hoc employees…
2021 PLC(CS)N 6 PESHAWAR-HIGH-COURT
SANAULLAH VS GOVERNMENT OF KHYBER PAKHTUNKHWA through Secretary Higher Education, Civil Secretariat, Peshawar Regularization of services---Contractual employment, termination of---Non-issuance of show cause notice---Opportunity of hearing--…
2021 PLC(CS)N 6 PESHAWAR-HIGH-COURT
SANAULLAH VS GOVERNMENT OF KHYBER PAKHTUNKHWA through Secretary Higher Education, Civil Secretariat, Peshawar Regularization of service---Contractual employment---Artificial break in extension of contract---Scope---Petitioners sought cancel…
2021 PLC(CS)N 9 PESHAWAR-HIGH-COURT
AYESHA BATOOL VS GOVERNMENT OF KHYBER PAKHTUNKHWA, through Secretary, Higher Education Department, Peshawar Employees having Master Degree in their respective discipline at the time of their appointments---Up-gradation of post---Government…
2021 PLC(CS)N 12 PESHAWAR-HIGH-COURT
NOREEN GUL VS GOVERNMENT OF KHYBER PAKHTUNKHWA through Secretary Elementary and Secondary Education Department), Peshawar art.15---Freedom of movement---Scope---any citizen of Pakistan can change the place of residence and claim protection…
2021 PLC(CS)N 12 PESHAWAR-HIGH-COURT
NOREEN GUL VS GOVERNMENT OF KHYBER PAKHTUNKHWA through Secretary Elementary and Secondary Education Department), Peshawar S.3---appointment of primary school teachers---Scope---Petitioner applied for the post of primary school teacher but t…
2021 PLC(CS)N 12 PESHAWAR-HIGH-COURT
NOREEN GUL VS GOVERNMENT OF KHYBER PAKHTUNKHWA through Secretary Elementary and Secondary Education Department), Peshawar arts. 5 & 4---Loyalty to State and obedience to Constitution and law---Right of individuals to be dealt with in accord…
2021 PLC(CS)N 17 PESHAWAR-HIGH-COURT
AZMAT ULLAH VS GOVERNMENT OF KHYBER PAKHTUNKHWA through Secretary Forestry, Environment and Wildlife, Peshawar "Promotion" and "up-gradation"---Distinction---Scope---Placement of an official in a higher pay scale with a change in the design…
2021 PLC(CS)N 17 PESHAWAR-HIGH-COURT
AZMAT ULLAH VS GOVERNMENT OF KHYBER PAKHTUNKHWA through Secretary Forestry, Environment and Wildlife, Peshawar R.10---appointment by initial recruitment---Retired employees' son quota---Scope---Petitioner sought appointment on the basis of…
2021 PLC(CS)N 17 PESHAWAR-HIGH-COURT
AZMAT ULLAH VS GOVERNMENT OF KHYBER PAKHTUNKHWA through Secretary Forestry, Environment and Wildlife, Peshawar R.10---appointment by initial recruitment---Scope---amendments in Khyber Pakhtunkhwa Civil Servants (appointment, Promotion and T…
2021 PLC(CS)N 17 PESHAWAR-HIGH-COURT
AZMAT ULLAH VS GOVERNMENT OF KHYBER PAKHTUNKHWA through Secretary Forestry, Environment and Wildlife, Peshawar R.10---appointment by initial recruitment---Scope---"Pay scales" referred to in R.10 of the Khyber Pakhtunkhwa Civil Servants (ap…
2021 PLC(CS)N 23 PESHAWAR-HIGH-COURT
GUL DARAZ KHAN VS GOVERNMENT OF KHYBER PAKHTUNKHWA S.3(3), [as amended by Khyber Pakhtunkhwa Service Tribunals (Amendment) Act (XXII of 2013), Ss.3-B & 4 and Khyber Pakhtunkhwa Service Tribunals (Amendment) Act (XL of 2014)], S.3(3)(b)---Co…
2021 PLC(CS)N 27 PESHAWAR-HIGH-COURT
BASHIR AHMAD VS GOVERNMENT OF KHYBER PAKHTUNKHWA Promotion---Out of turn promotion---Withdrawal of---Scope---Out of turn promotion of petitioner was withdrawn against which he filed departmental appeal but same was dismissed---Validity---Pe…
2021 PLC(CS)N 30 PESHAWAR-HIGH-COURT
SIKANDAR HAYAT VS CHIEF SECRETARY KHYBER PAKHTUNKHWA PESHAWAR S.2(1)---Contract employees of Provincial Earthquake Reconstruction and Rehabilitation Agency---Regularization of service---Contention of employees was that they were entitled fo…
2021 PLC(CS)N 32 PESHAWAR-HIGH-COURT
RIZWANA BIBI VS GOVERNMENT OF KHYBER PAKHTUNKHWA through Chief Secretary, Civil Secretariat Peshawar Contractual employment, termination of---Relationship of master and servant---Scope---Petitioners assailed order of termination of their se…
2021 PLC(CS)N 34 PESHAWAR-HIGH-COURT
LUQMAN VS FEDERATION OF PAKISTAN through Secretary Ministry of Housing and Works, Islamabad R.15(2)---allotment of official accommodation---Scope---Father of petitioner retired from service and after his retirement petitioner-employee appli…
2021 PLD 159 PESHAWAR-HIGH-COURT
MIRAJ BIBI VS AKBAR KHAN art. 103---Exclusion of evidence of oral agreement---Scope---Notwithstanding an admission in a sale deed that the consideration has been received, it is open to the vendor to prove that no consideration has been act…
2021 PLD 159 PESHAWAR-HIGH-COURT
MIRAJ BIBI VS AKBAR KHAN Ss. 42 & 39---Transfer of Property Act (IV of 1882), S. 54---Suit for declaration---Cancellation of mutation---Sale transaction---Fraud---Scope---Plaintiff claimed that the patwari obtained his thumb impression and…
2021 PLD 159 PESHAWAR-HIGH-COURT
MIRAJ BIBI VS AKBAR KHAN art. 103---Exclusion of evidence of oral agreement---Scope---Principle laid down in art. 103 of Qanun-e-Shahadat, 1984, is subject to the provisos; proviso (1) manifests that any fact may be proved which would inval…
2021 PLD 159 PESHAWAR-HIGH-COURT
MIRAJ BIBI VS AKBAR KHAN arts. 117 & 118---Burden of proof---On whom burden of proof lies---Scope---Initial burden to prove a claim is on the party seeking the aid of the Court, but this 'onus of proof' shifts and oscillates---Once the part…
2021 PLD 159 PESHAWAR-HIGH-COURT
MIRAJ BIBI VS AKBAR KHAN art. 103---Exclusion of evidence of oral agreement---Scope---False acknowledgement of receipt of price by a recital in a sale deed does not stop the seller from giving evidence as against the buyer that he has not r…
2021 PLD 159 PESHAWAR-HIGH-COURT
MIRAJ BIBI VS AKBAR KHAN S. 54---Sale---Scope---Payment of sale price is essential ingredient of sale as defined in section 54 of the Transfer of Property Act, 1882---Valid sale transaction is constituted when the essential elements are pro…
2021 PLD 159 PESHAWAR-HIGH-COURT
MIRAJ BIBI VS AKBAR KHAN art. 103---Exclusion of evidence of oral agreement---Registered sale deed---acknowledgment of receiving consideration---Scope---Where a sale is effected through registered sale deed in which amount of consideration…
2021 PLD 159 PESHAWAR-HIGH-COURT
MIRAJ BIBI VS AKBAR KHAN S. 115---Revisional jurisdiction---Scope---Concurrent findings of the Courts below cannot be set at naught in revisional jurisdiction only on the basis that from reappraisal of evidence available on the record some…
2021 PLD 159 PESHAWAR-HIGH-COURT
MIRAJ BIBI VS AKBAR KHAN Civil case---Issues are resolved on preponderance of evidence.
2021 PLD 159 PESHAWAR-HIGH-COURT
MIRAJ BIBI VS AKBAR KHAN art. 103---Exclusion of evidence of oral agreement---Scope---Where validity of sale deed is itself in question either because of misrepresentation, fraud or non-payment of consideration, the evidence could be led no…
2021 PLD 166 PESHAWAR-HIGH-COURT
TEHSILDAR, MARDAN VS ASIF BACHA S. 12---Civil Procedure Code (V of 1908), S. 115---Suit for declaration/permanent injunctions against Petitioner/Defendant (Tehsildar) who served notices directing to remove superstructure over suit propertie…
2021 PLD 166 PESHAWAR-HIGH-COURT
TEHSILDAR, MARDAN VS ASIF BACHA art. 199--- Extra-ordinary jurisdiction---Power to convert petitions/proceedings---Statutes provided no right to appeal revision---Proceedings of one kind be converted into another by High Court to advance th…
2021 PLD 166 PESHAWAR-HIGH-COURT
TEHSILDAR, MARDAN VS ASIF BACHA Purposive interpretation---Statute not providing right to appeal/revision---Where statute did not provide any right to appeal/revision before High Court, the purpose was to give finality to the order passed u…
2021 PLD 166 PESHAWAR-HIGH-COURT
TEHSILDAR, MARDAN VS ASIF BACHA art. 199---Constitutional jurisdiction---High Court under Constitutional jurisdiction could not assume the power of appellate/ Revisional Court---High Court's concern was not with the decision but with the de…
2021 PLD 171 PESHAWAR-HIGH-COURT
MUHAMMAD TAHIR VS GOVERNMENT OF KHYBER PAKHTUNKHWA Preamble & S. 120A---Constitution of Pakistan, Art. 140A---Local government/Administrative authorities---Scope---Vesting administrative powers in officers with the powers of Tehsil/District…
2021 PLD 171 PESHAWAR-HIGH-COURT
MUHAMMAD TAHIR VS GOVERNMENT OF KHYBER PAKHTUNKHWA Ss. 33, 34, 54, 55 & 120a---Constitution of Pakistan, art. 140a---Purposive construction---Deputy Commissioner, jurisdiction of---Scope---Tehsil Council approved annual Development Program…
2021 PLD 171 PESHAWAR-HIGH-COURT
MUHAMMAD TAHIR VS GOVERNMENT OF KHYBER PAKHTUNKHWA Purposive interpretation---Provision of a statute inserted through an amendment could not be construed in a way so as to wipe out the entire statute, unless the legislature by express words…
2021 PLD 184 PESHAWAR-HIGH-COURT
FAZAL RAHMAN VS Mst. FAHMIDA S. 14(2)---Dissolution of Muslim Marriages Act (VIII of 1939), S.2(viii)(a)---Right to appeal---Restrictive/narrow construction---Family Court, exclusive jurisdiction of---Scope---Question whether the parties sh…
2021 PLD 184 PESHAWAR-HIGH-COURT
FAZAL RAHMAN VS Mst. FAHMIDA S. 14---Family Appeal---Power to change the mode of dissolution of marriage---Appellate Jurisdiction---Scope---Decree of dissolution of marriage on the basis of Khula and the refusal of Judge Family Court to gra…
2021 PLD 184 PESHAWAR-HIGH-COURT
FAZAL RAHMAN VS Mst. FAHMIDA an interpretation which would advance the purpose was to be preferred over an interpretation which defeated its object.
2021 PLD 184 PESHAWAR-HIGH-COURT
FAZAL RAHMAN VS Mst. FAHMIDA S. 14(2)---appeal---Jurisdiction---Scope---Restrictive construction of subsection (2) of S.14 of the Family Courts act, 1964 would be beneficial for the system besides affording an important right of first appea…
2021 PLD 184 PESHAWAR-HIGH-COURT
FAZAL RAHMAN VS Mst. FAHMIDA arts. 10a & 199---"Constitutional jurisdiction" and "appeal", distinction---Scope---Remedy under art. 199 of the Constitution was not as open-ended and as beneficial as the remedy of appeal before an appellate C…
2021 PLD 8 PESHAWAR-HIGH-COURT
RASOOL KHAN VS FAZAL WADOOD O. XXIII, Rr. 1 & 2---Limitation Act (IX of 1908), Art. 120---Qanun-e-Shahadat (10 of 1984), Art. 114---Suit for declaration---Withdrawal of---Fresh suit---Limitation---Commencement of---Estoppel, principle of---…
2021 PLD 198 PESHAWAR-HIGH-COURT
SAID ALAM VS State S. 497---Penal Code (XLV of 1860), Ss. 302 & 34---Qanun-e-Shahadat (10 of 1984), Art. 46---Qatl-i-amd and common intention---Bail, refusal of---Dying declaration---Scope---Complainant while being in injured condition lodg…
2021 PLC(CS) 57 PESHAWAR-HIGH-COURT
RAFIA BIBI VS DIRECTOR GENERAL (HEALTH), KHYBER PAKHTUNKHWA Contract appointment---Regularization of service---Amendment in the rules---Effect---Department refused to regularize the employee on the ground that qualification for the post of…
2021 PLC(CS) 92 PESHAWAR-HIGH-COURT
UMAR ISLAM VS FEDERATION OF PAKISTAN through Secretary Defence, Rawalpindi S.20---Pakistan Air Force Rules, 1957, Rr. 191, 31-A, 31-B & 31---Pakistan Air Force Order, O. 39-1---Constitution of Pakistan, Art.199---Constitutional jurisdiction…
2021 PLC(CS) 92 PESHAWAR-HIGH-COURT
UMAR ISLAM VS FEDERATION OF PAKISTAN through Secretary Defence, Rawalpindi S.20---Pakistan Air Force Rules, 1957, Rr. 191, 31-A, 31-B & 31---Pakistan Air Force Order, O. 39-1---Constitution of Pakistan, Arts. 199 & 10-A---Dismissal, removal…
2021 PLC(CS) 92 PESHAWAR-HIGH-COURT
UMAR ISLAM VS FEDERATION OF PAKISTAN through Secretary Defence, Rawalpindi S. 20---Constitution of Pakistan, Art. 199---Constitutional petition---Maintainability---Member of Armed Forces---Dismissal, removal or reduction by Chief of the Air…
2021 PLC(CS) 119 PESHAWAR-HIGH-COURT
MUHAMMAD YAQOOB VS GOVERNMENT OF KHYBER PAKHTUNKHWA Chap.3 para. 3.6---Patwari, appointment of---Procedure---Contention of petitioners was that they were entitled for appointment as Patwaris according to Register of Patwar candidates---Vali…
2021 PLC(CS) 119 PESHAWAR-HIGH-COURT
MUHAMMAD YAQOOB VS GOVERNMENT OF KHYBER PAKHTUNKHWA If there was conflict between the departmental instructions and statutory rules, then the latter would prevail.
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