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.
Browse by branch of law
Reported judgments28,856 records
2022 CLC 920 KARACHI-HIGH-COURT-SINDH
MUNAWAR ALI VS UMAR DARAZ art.199---Constitutional petition---Concurrent findings---Reappraisal of evidence---Jurisdiction---Scope---High Court was not supposed to interfere with findings on controversial question of facts, even if such fin…
2022 CLC 920 KARACHI-HIGH-COURT-SINDH
MUNAWAR ALI VS UMAR DARAZ art.113---article 113 of Limitation act, 1908 was not a provision of substantive law determining the right of the plaintiff to file the suit in the face of cause of action---Same was rather an enabling provision of…
2022 CLC 920 KARACHI-HIGH-COURT-SINDH
MUNAWAR ALI VS UMAR DARAZ O.VII, R.11---Rejection of plaint---Jurisdiction, exercise of---Principles---Provisions of O.VII, R.11 of Civil Procedure Code were procedural in nature and had to be exercised only in exceptional circumstances, e.…
2022 CLC 920 KARACHI-HIGH-COURT-SINDH
MUNAWAR ALI VS UMAR DARAZ O.VII, R.11---Specific Relief act (I of 1877), Ss.12, 19, 39 & 54---Limitation act (IX of 1908), art.113---Rejection of plaint---Scope---Suit for specific performance of contract, recovery of damages and mesne prof…
2022 CLC 920 KARACHI-HIGH-COURT-SINDH
MUNAWAR ALI VS UMAR DARAZ O.I, R.10---No proceedings in court could be ipso facto defeated just because of non-joinder/misjoinder of partiers and the court would always enjoy ample powers to add/delete/transpose parties to suit depending up…
2022 CLC 953 KARACHI-HIGH-COURT-SINDH
GHULAM MUSTAFA KHAN VS ALI SHER O.IX, R.9 & S.151---Suit, restoration of---Suit for declaration, mandatory and permanent injunction was dismissed for non-prosecution at the stage of evidence---Petitioners filed application for restoration o…
2022 CLC 953 KARACHI-HIGH-COURT-SINDH
GHULAM MUSTAFA KHAN VS ALI SHER O.IX, R.9---Restoration of suit---Sufficient cause---General policy of law was to adjudicate on merits and dismissal in default should serve as an exception---Litigant must not be denied the justice by Court…
2022 CLC 970 KARACHI-HIGH-COURT-SINDH
MOHSIN GHAYUR HAIDER VS IIND SENIOR CIVIL JUDGE/RC S.15---Constitution of Pakistan, Art.199---Constitutional petition---Eviction petition---Execution of orders---Scope---Petitioner assailed order passed by Executing Court whereby judgment d…
2022 CLC 1054 KARACHI-HIGH-COURT-SINDH
MUHAMMAD KHALID ALI KHAN VS COURT OF MINISTER OF COOPERATION, SINDH Ss.54-a, 56 & 64-a---Respondent filed representation before Registrar Cooperative Societies who made an award in her favour---Petitioner filed appeal against the said award…
2022 CLC 1054 KARACHI-HIGH-COURT-SINDH
MUHAMMAD KHALID ALI KHAN VS COURT OF MINISTER OF COOPERATION, SINDH Ss.54-a & 56---Constitution of Pakistan, art.10a---Registrar Cooperative Societies (Registrar)---Setting aside the award---Order passed in slipshod manner---Scope---appella…
2022 CLC 1098 KARACHI-HIGH-COURT-SINDH
HUSSAIN VS MOHAMMAD ALI O.XX, R.13---administration of property---Settlement---Creation of Trust---Predecessor-in-interest of plaintiff were Quaid-e-azam Muhammad ali Jinnah, Mohtarma Fatima Jinnah and Mohtarma Shireen Jinnah, who had left…
2022 CLC 1146 KARACHI-HIGH-COURT-SINDH
SHAKILA APPA (LATE) VS NADEEM GHANI Ss.10 & 15---Deliberate/willful default in payment of the monthly rent---Eviction application was concurrently allowed---Petitioner/tenant (through her son/legal heir) contended that the eviction applicat…
2022 CLC 1146 KARACHI-HIGH-COURT-SINDH
SHAKILA APPA (LATE) VS NADEEM GHANI Ss.10 & 15---accumulated rent---Ground for eviction---admission of the payment by landlord---Scope---acceptance by the landlord that accumulated rent had been paid by the tenant periodically/with interval…
2022 CLC 1160 KARACHI-HIGH-COURT-SINDH
MRS. GEETA NARYANA SHAHANI VS SHYAM PREM SHAHANI S.263---Sindh Civil Court Rules (O.S.), R.342---Letter of probate---Revocation---Letter of probate was issued in favour of mother of appellant who was widow of deceased---Mother of appellant…
2022 CLC 1181 KARACHI-HIGH-COURT-SINDH
M. NADEEM A. SHAIKH VS GOVERNMENT OF SINDH Constitution of Pakistan, Art.199---Public safety---Boat rides---Sinking of boat---Death of passengers---Many persons lost their lives due to lack of proper safety measures when a boat sunk which w…
2022 PLD 186 KARACHI-HIGH-COURT-SINDH
SHAHIMAH SAYEED VS BASE COMMANDER, PAF Ss. 42 & 54---Constitution of Pakistan, Arts. 23 & 24---Suit for declaration and injunction---Holding of property for defence purpose and National Security---Proof---Plaintiff claimed to be owner of su…
2022 CLC 1203 KARACHI-HIGH-COURT-SINDH
DANISH AZHAR VS The CONSUMER PROTECTION COURT (SOUTH), KARACHI Recovery of cost and damages---Word "product", definition of---Animal/pet not a product---Respondent claimed that he purchased a dog from petitioner which later on appeared to b…
2022 CLC 1203 KARACHI-HIGH-COURT-SINDH
DANISH AZHAR VS The CONSUMER PROTECTION COURT (SOUTH), KARACHI O.VI, R.1---Evidence beyond pleadings---Maxim "secundum allegata et probata"---No evidence beyond the pleadings is permissible and even if it has been led by a party, the Court…
2022 CLC 1288 KARACHI-HIGH-COURT-SINDH
HASAN KHURSHID HASHMI VS FEDERATION OF PAKISTAN, FEDERAL MINISTRY OF INTERIOR S.25---Family Courts Act (XXXV of 1964), S.5---Constitution of Pakistan, Art. 199---Constitutional petition---Maintainability---Alternate remedy---Minor son, cust…
2022 CLC 1322 KARACHI-HIGH-COURT-SINDH
MUHAMMAD IDREES ABBASI VS Syed AKBAR KHAN S.12(2)---Judgment, setting aside of---Proceedings---Nature---Filing of fresh suit---Scope---Proceedings under S.12(2) C.P.C. are in the nature of declaratory suit claiming declaration to the effect…
2022 CLC 1322 KARACHI-HIGH-COURT-SINDH
MUHAMMAD IDREES ABBASI VS Syed AKBAR KHAN Ss.42 & 54---Civil Procedure Code (V of 1908), S.12 (2)---Suit for declaration and injunction---Maintainability---Setting aside of judgment---Plea of fraud and misrepresentation---Doctrine of electi…
2022 CLC 1333 KARACHI-HIGH-COURT-SINDH
NAFEES AHMED VS TRUSTEE OF THE PORT OF KARACHI Ss.3 & 5---Constitution of Pakistan, Art.199---Constitutional petition---Execution of out-going lessees and unauthorized occupants from land---Appeal---Scope---Petitioner was allotted a plot by…
2022 CLC 1361 KARACHI-HIGH-COURT-SINDH
ZULFIQAR ALI VS NISAR AHMAD KHATEEB Ss.12 & 54---Suit for Specific transfer---Balance sale consideration---Willingness and Capability to perform part of agreement---Covid-19, relevancy of---Suit for specific performance, damages and injunct…
2022 CLC 1374 KARACHI-HIGH-COURT-SINDH
GHULAM HYDER MAHAR VS ILLAHI BUX MAHAR S.42---Suit for declaration---Maintainability---Legal character/right, entitlement of---Scope---According to S.42 only that person can maintain a suit for declaration who is entitled to any legal chara…
2022 CLC 1374 KARACHI-HIGH-COURT-SINDH
GHULAM HYDER MAHAR VS ILLAHI BUX MAHAR Ss.9 & 42---Suit for possession and declaration---Entitlement/ownership of property---Existence of right at the time of filing suit---Petitioner/plaintiff contended that he was in possession of the dis…
2022 CLC 1374 KARACHI-HIGH-COURT-SINDH
GHULAM HYDER MAHAR VS ILLAHI BUX MAHAR S.42---Suit for declaration---Discretionary relief---Grant of---Scope---Power of granting a discretionary relief should be exercised with care/caution/circumspection---Such power ought not to be exerci…
2022 CLC 1374 KARACHI-HIGH-COURT-SINDH
GHULAM HYDER MAHAR VS ILLAHI BUX MAHAR Ss.9 &42---Suit for possession without seeking declaration---Maintainability---If the title of the property was in dispute, the simple suit for permanent injunction/possession, without seeking declarat…
2022 CLC 1386 KARACHI-HIGH-COURT-SINDH
ABDUL WAHID JEHAJO VS PUNHOON S.54---Civil Procedure Code (V of 1908), O.VII, R.11---Suit for permanent injunction---Rejection of plaint---Scope---Trial Court rejected the plaint---Appellate Court dismissed the appeal---Validity---Plaintiff…
2022 CLC 1386 KARACHI-HIGH-COURT-SINDH
ABDUL WAHID JEHAJO VS PUNHOON S.9---Courts to try all civil suits unless barred---Scope---Section 9, C.P.C., confers general jurisdiction upon courts to try all suits of a civil nature.
2022 CLC 1386 KARACHI-HIGH-COURT-SINDH
ABDUL WAHID JEHAJO VS PUNHOON Inheritance---Scope---All the legal heirs automatically become share-holders in the immovable property left by the propositus, therefore, they become joint owners.
2022 CLC 1386 KARACHI-HIGH-COURT-SINDH
ABDUL WAHID JEHAJO VS PUNHOON O.VII, R. 11---Rejection of plaint---Scope---Court is bound by the use of word "shall" to reject a plaint if it "appears" from the statement in the plaint to be barred by any law.
2022 CLC 1386 KARACHI-HIGH-COURT-SINDH
ABDUL WAHID JEHAJO VS PUNHOON S.9---Courts to try all civil suits unless barred---Scope---Civil Courts are the Courts of ultimate jurisdiction with regard to civil right, duty or obligation, unless the jurisdiction is either expressly or im…
2022 CLC 1412 KARACHI-HIGH-COURT-SINDH
PAKISTAN PETROLEUM LTD. VS SPEC ENERGY DMCC S.12---arbitration act (X of 1940), S.35---Specific performance of agreement---Effect of legal proceedings on arbitration---Remedy to plaintiff---Scope---When legal proceedings on subject matter o…
2022 CLC 1412 KARACHI-HIGH-COURT-SINDH
PAKISTAN PETROLEUM LTD. VS SPEC ENERGY DMCC S.2(l)---Public Procurement Rules, 2004, R.2(1)(e)---Public procurement---Interpretation of document---Contract for sale of goods and work---Distinction---Contract for sale has to be distinguished…
2022 CLC 1412 KARACHI-HIGH-COURT-SINDH
PAKISTAN PETROLEUM LTD. VS SPEC ENERGY DMCC R.42---alternative methods of procurement---Principle---Procurement through direct contracting is allowed under R.42 of Public Procurement Rules, 2004, in cases of emergency or through direct nego…
2022 CLC 1412 KARACHI-HIGH-COURT-SINDH
PAKISTAN PETROLEUM LTD. VS SPEC ENERGY DMCC R.42---Sale of Goods Act (II of 1930), S.58---Civil Procedure Code (V of 1908), O.XXXIX, Rr.1 & 2---Specific Relief Act (I of 1877), Ss.12 & 21(a)---Suit for specific performance of agreement---In…
2022 CLC 1447 KARACHI-HIGH-COURT-SINDH
MUHAMMAD ASLAM VS CIVIL AND FAMILY JUDGE NO.II TANDO ADAM DISTRICT SANGHAR S.5 & Sched.---Jurisdiction of Family Court---Scope---Law requires hearing and adjudication of cases upon merits and parties should be granted reasonable opportunity…
2022 CLC 1447 KARACHI-HIGH-COURT-SINDH
MUHAMMAD ASLAM VS CIVIL AND FAMILY JUDGE NO.II TANDO ADAM DISTRICT SANGHAR Ss.5, Sched. & 14---Dissolution of Muslim Marriages Act (VIII of 1939), S. 2---Suit for dissolution of marriage---Grounds for decree for dissolution of marriage---Ap…
2022 CLC 1552 KARACHI-HIGH-COURT-SINDH
MUHAMMAD MUSA KHAN VS Mst. ANSA MARIAM RASHEEA ZAMANIA S.42---Suit for declaration---Scope---Claim of ownership of property by any person requires documentary as well as verbal evidence to be produced before the Court of law, if anyone has…
2022 CLC 1552 KARACHI-HIGH-COURT-SINDH
MUHAMMAD MUSA KHAN VS Mst. ANSA MARIAM RASHEEA ZAMANIA S.115---Civil revision---Scope---Scope of revision petition is very limited---Section 115 of C.P.C. applies only to the cases involving the illegal assumption, non-exercise or the irreg…
2022 CLC 1552 KARACHI-HIGH-COURT-SINDH
MUHAMMAD MUSA KHAN VS Mst. ANSA MARIAM RASHEEA ZAMANIA S.42---Suit for declaration---Scope---Section 42 of the Specific Relief Act, 1877, provides remedy to the owner of the property whose ownership was being denied by any person.
2022 CLC 1552 KARACHI-HIGH-COURT-SINDH
MUHAMMAD MUSA KHAN VS Mst. ANSA MARIAM RASHEEA ZAMANIA S.42---Suit for declaration---Benami transaction---Scope---Plaintiff filed a suit for declaration, possession and permanent injunction against the defendant (his sister) and sought decl…
2022 PLD 209 KARACHI-HIGH-COURT-SINDH
MURAD alias MANN VS MANZOOR AHMED Ss. 6 & 23---act of terrorism---Necessary ingredients---accused sought transfer of his case to Court of ordinary criminal jurisdiction on the plea that it was not an act of terrorism---Validity---Fear or in…
2022 CLC 1583 KARACHI-HIGH-COURT-SINDH
LIAQAT ALI alias KHABAR VS HABIBULLAH S.52---Registered document---Presumption of correctness---Scope---Where the adverse party claims its ownership on the basis of a registered document, presumption of correctness/genuineness is attached t…
2022 CLC 1583 KARACHI-HIGH-COURT-SINDH
LIAQAT ALI alias KHABAR VS HABIBULLAH arts.79 &100---Sindh Land Revenue act (XVII of 1967), Ss. 42 & 52---Civil Procedure Code (V of 1908), S. 9---Sale deed, genuineness of---alleged mortgaged deed, proof of---Petitioners filed Suit for dec…
2022 CLC 1583 KARACHI-HIGH-COURT-SINDH
LIAQAT ALI alias KHABAR VS HABIBULLAH art.100---Registered documents more than 30 years old---Non-production of attesting witnesses---Presumption of genuineness---In cases of old registered documents, when considerable time had passed, and…
2022 CLC 1583 KARACHI-HIGH-COURT-SINDH
LIAQAT ALI alias KHABAR VS HABIBULLAH S.42---Mutation entry---Nature and scope of---Mutation entry in revenue record could not create/extinguish title to property as they were only maintained for fiscal purposes.
2022 CLC 1583 KARACHI-HIGH-COURT-SINDH
LIAQAT ALI alias KHABAR VS HABIBULLAH S.42---Mutation entry, value of---Foti khata badal---Scope---Mere existence of a mutation entry in the revenue record does not confer any title to a party, especially when it was based on some foti khat…
2022 CLC 1583 KARACHI-HIGH-COURT-SINDH
LIAQAT ALI alias KHABAR VS HABIBULLAH S.9---Registered instrument, cancellation of---Exclusive jurisdiction of Civil Court---Scope---Registered instrument could only be cancelled by a Civil Court---Where a sale deed was in existence and mut…
2022 CLC 1583 KARACHI-HIGH-COURT-SINDH
LIAQAT ALI alias KHABAR VS HABIBULLAH S.42---Entry in revenue record---Value of---Mere entry in the Revenue record does not always becomes a title document and when the other party is in possession of a registered instrument, then the reven…
Looking for a specific point of law? Search the case-law database in Urdu or English.