2012 SCMR 1147
Applicant, a Hindu lady, had applied for obtaining a passport, but she could not get the same, as she was not in possession of a Computerized National Identity Card, which card had not been issued by NADRA because there was no documentary evidence to establish her tie of marriage with her husband--- Police official of the district from which the applicant belonged had stated that present situation had arisen because of a lacuna in the policy issued by NADRA, but with his intervention NADRA authorities had agreed to issue Computerized National Identity Card to the applicant, subject to her furnishing an affidavit---NADRA official had stated that a Regulation was being framed to ensure that the Fundamental rights of the Hindu community were fully protected, for which a Board meeting had been called, but in the meantime standing instructions had been issued to ensure that the members of the Hindu community faced no difficulty in getting Computerized National Identity Cards
(2011.SCMR.815)
""After framing of charge against accused under section 497 (5) bail already granted of accused can not be cancelled
(2007.SCMR.497)
GENERALLY TRUTH AND CORRECTNESS IS ATTACHED WITH THE 30 YEARS OLD DOCUMENT , NO NEED TO PROVE ITS CONTENTS THROUGH MARGINAL WITNESSES
PLD.1992.SC.180)
""ISSUE CAN BE FRAMED AT ANY STAGE,PRIOR TO ANNOUNCEMENT OF GUDJMENT"
(SCMR.2016.190)
ORDER..VII ..RULE..11..C.P.C.AND SPECIFIC RELIEF ACT.1877..SECTION..12..SUIT FOR SPECIFIC PERFORMANCE OF..FORGED SIGNATURE UPON AGREEMENT TO SELL..
""PLAINT CAN NOT BE REJECTED ON BASIS OF MERE OPINION OF HAND WRITING EXPERT,FACTUAL MATTER REQUIRED DETERMINATION ON MERIT AFTER FRAMING OF ISSUE AND TAKING EVIDENCE""
(2000.MLD.1155)
""DISMISSAL OF SUIT WITHOUT RECORDING EVIDENCE IS ILLEGA
Acquittal of Civil Servant on the
basis of Compromise will not disqualify him...
Civil servant acquitted from murder
charge by paying Diyat – Service terminated due to absence being in detention
and also the plea that payment of Diyat was equated with conviction – Held –
offence was lawfully compromised. Such acquittal of civil servant could not be
taken as his disqualification, coming in the way of his reinstatement.
Director General I.B. Vs. Muhammad
Javed
2012 SCMR 165
2012 SCMR 165
Inheritance
Group insurance, benevolent funds
are not tarka
Contra
Contra view 2005 SCMR 512
PLD 2013 PESHAWAR 1
Contra
Contra view 2005 SCMR 512
PLD 2013 PESHAWAR 1
2014 CLC 126
PLD 1991 SC 731
PLD 2010 KAR 512
PLD 1991 SC 731
PLD 2010 KAR 512
Presumed to be Sunni unless proved
otherwise
Contra 2010 SCMR 1915
PLD 1965 SC 134
PLD 1990 SC 01
Contra 2010 SCMR 1915
PLD 1965 SC 134
PLD 1990 SC 01
Shia law
Share of mother PLD 2008 Karachi 105
Shia Wife 2016 SCMR 1195
2006 SCMR 1916
2012 YLR 713
2014 CLC 945
PLD 2002 SC 677
Share of mother PLD 2008 Karachi 105
Shia Wife 2016 SCMR 1195
2006 SCMR 1916
2012 YLR 713
2014 CLC 945
PLD 2002 SC 677
EVIDENTRY VALUES OF ELECTRONICS
DEVICES
AMMAR YASIR ALI V. State
2013 PCrLJ 783 (Karachi)
CCTV footage was produced in the court and viewed by it. Nothing was visible and identifiable in it. It was observed by the court that unless such footage is proved to be genuine and corroborated by other evidence, it could not be relied upon.
2013 PCrLJ 783 (Karachi)
CCTV footage was produced in the court and viewed by it. Nothing was visible and identifiable in it. It was observed by the court that unless such footage is proved to be genuine and corroborated by other evidence, it could not be relied upon.
SAIFAL V. State
2013 PCrLJ 1082 (Karachi)
Record of Mobile Company and evidence of its representative was admissible in terms of Art.164 of Qanun-e-Shahadat, 1984.
2013 PCrLJ 1082 (Karachi)
Record of Mobile Company and evidence of its representative was admissible in terms of Art.164 of Qanun-e-Shahadat, 1984.
MUHAMMAD AKRAM BALOCH V. AKBAR
ASKANI
2014 CLC 878 Election Tribunal Balochistan
Controversy between the parties could be resolved by referring the counterfoils along with used photo voter's list and statements of count to the National Data base and Registration Authority to determine whether impersonation had been committed or not. Courts were authorized to allow producing of evidence that might have become available due to modern devices and techniques in such cases as it might consider appropriate. Computer technology being a modern device was well within the ambit of Art.164 of Qanun-e-Shahadat, 1984. Report of National Data base and Registration Authority with regard to scanning of thumb marks could be produced as evidence.
2014 CLC 878 Election Tribunal Balochistan
Controversy between the parties could be resolved by referring the counterfoils along with used photo voter's list and statements of count to the National Data base and Registration Authority to determine whether impersonation had been committed or not. Courts were authorized to allow producing of evidence that might have become available due to modern devices and techniques in such cases as it might consider appropriate. Computer technology being a modern device was well within the ambit of Art.164 of Qanun-e-Shahadat, 1984. Report of National Data base and Registration Authority with regard to scanning of thumb marks could be produced as evidence.
GHULAM ABBAS V. State
2013 PCrLJ 1402 (LHC)
Polygraph test has been rejected in Canada and Australia and held against the
Constitution in India. The court observed that to rely on the test to connect
the accused with murder is not safe and conseqMuhammad Imran Qureshi
2012 M L D 1551
[Sindh]
Before Salman Hamid, J
SHAFAQAT HUSSAIN HASHMI---Applicant
Versus
THE STATE---Respondent
Criminal Miscellaneous Application
No.274 of 2011, decided on 12th December, 2011.
(a) Criminal Procedure Code (V of
1898)---
----Ss.249-A & 561-A---Penal
Code (XLV of 1860), Ss.489-F/420/506---Fraudulently issuing a cheque, cheating
and dishonestly inducing delivery of property, criminal intimidation---Power of
Magistrate to acquit accused at any stage---Presentation of stale cheque for
encashment---Accused (applicant) had filed an application under S.249-A,
Cr.P.C, before the Magistrate for acquittal from the charges raised by the
F.I.R., but same was dismissed---Validity---Magistrate had missed out on the
point that cheque presented for encashment was a stale cheque, as it had been
presented for encashment beyond the period of six months from the date of its
issue, and in circumstances it was bound to be dishonoured---Complainant
(respondent) seemed to know well that the cheque would not be encashed but
still presented it for payment, merely to bring a case against the accused
under S.489-F, P.P.C---Dishonest intention of the accused was not patent or
deducible from circumstances of the case---Charges brought against accused were
found groundless, and resultantly proceedings against the accused arising from
the F.I.R. were quashed.
(b) Criminal Procedure Code (V of
1898)---
----Ss. 249-A & 561-A---Penal
Code (XLV of 1860), S.489-F/420/506---Fraudulently issuing a cheque, cheating
and dishonestly inducing delivery of property, criminal intimidation---Power of
Magistrate to acquit accused at any stage---Jurisdiction of Magistrate,
determination of---Presentation of stale cheque for encashment---Contention of
accused (applicant) that Magistrate did not have the jurisdiction to try the
case since bank which issued the cheque and bank where it was presented for
encashment were located in different areas---Validity---F.I.R. revealed that
accused and complainant (respondent) were neighbours and cheque was issued at
the residence of the complainant (respondent) which came within the
jurisdiction of the Magistrate---Magistrate in question did have the
jurisdiction to try the case.
(c) Criminal Procedure Code (V of
1898)---
----Ss. 561-A, 249-A &
265-K---Penal Code (XLV of 1860), S.489-F/ 420/506---Fraudulently issuing a
cheque, cheating and dishonestly inducing delivery of property, criminal
intimidation---Quashing of proceedings by High Court---Scope---High Court in
appropriate cases may exercise jurisdiction under S. 561-A, Cr.P.C without
waiting for the Trial Court to pass order under S. 249-A or 265-K Cr.P.C, if
the facts of the case so warrant---Where High Court comes to the conclusion on
the basis of the facts on record that no offence could be made out and it would
amount to an abuse of the process of law and allowing the prosecution to
continue with the trial would be a waste of time and aggravation of the
miseries of the accused, then High Court could quash the proceedings.
Tahir Rahim for Applicant.
uently bail was granted.
EVIDENTRY VALUES OF ELECTRONICS
DEVICES
AMMAR YASIR ALI V. State
2013 PCrLJ 783 (Karachi)
CCTV footage was produced in the court and viewed by it. Nothing was visible and identifiable in it. It was observed by the court that unless such footage is proved to be genuine and corroborated by other evidence, it could not be relied upon.
2013 PCrLJ 783 (Karachi)
CCTV footage was produced in the court and viewed by it. Nothing was visible and identifiable in it. It was observed by the court that unless such footage is proved to be genuine and corroborated by other evidence, it could not be relied upon.
SAIFAL V. State
2013 PCrLJ 1082 (Karachi)
Record of Mobile Company and evidence of its representative was admissible in terms of Art.164 of Qanun-e-Shahadat, 1984.
2013 PCrLJ 1082 (Karachi)
Record of Mobile Company and evidence of its representative was admissible in terms of Art.164 of Qanun-e-Shahadat, 1984.
MUHAMMAD AKRAM BALOCH V. AKBAR ASKANI
2014 CLC 878 Election Tribunal Balochistan
Controversy between the parties could be resolved by referring the counterfoils along with used photo voter's list and statements of count to the National Data base and Registration Authority to determine whether impersonation had been committed or not. Courts were authorized to allow producing of evidence that might have become available due to modern devices and techniques in such cases as it might consider appropriate. Computer technology being a modern device was well within the ambit of Art.164 of Qanun-e-Shahadat, 1984. Report of National Data base and Registration Authority with regard to scanning of thumb marks could be produced as evidence.
2014 CLC 878 Election Tribunal Balochistan
Controversy between the parties could be resolved by referring the counterfoils along with used photo voter's list and statements of count to the National Data base and Registration Authority to determine whether impersonation had been committed or not. Courts were authorized to allow producing of evidence that might have become available due to modern devices and techniques in such cases as it might consider appropriate. Computer technology being a modern device was well within the ambit of Art.164 of Qanun-e-Shahadat, 1984. Report of National Data base and Registration Authority with regard to scanning of thumb marks could be produced as evidence.
GHULAM ABBAS V. State
2013 PCrLJ 1402 (LHC)
Polygraph test has been rejected in Canada and Australia and held against the Constitution in India. The court observed that to rely on the test to connect the accused with murder is not safe and consequently bail was granted
2013 PCrLJ 1402 (LHC)
Polygraph test has been rejected in Canada and Australia and held against the Constitution in India. The court observed that to rely on the test to connect the accused with murder is not safe and consequently bail was granted
PLJ 2014 Lah. 819
Article 199 of the Constitution of Islamic Republic of Pakistan, 1973, Sections, 63, 167, 173 of the Criminal Procedure Code, 1898: On spy information respondents were arrested while gambling. Next day on production of accused by police before the Judicial Magistrate judicial remand was declined and accused discharged. Police report under section 167, Cr.P.C. is not binding upon the Court. According to section 63 of the Cr.P.C. a Magistrate has powers to release the accused persons even without a formal bail order when he comes to conclusion that the police was not justified in arresting the accused or that there is no reason for remanding the accused to custody. Writ Petition dismissed in limine
Article 199 of the Constitution of Islamic Republic of Pakistan, 1973, Sections, 63, 167, 173 of the Criminal Procedure Code, 1898: On spy information respondents were arrested while gambling. Next day on production of accused by police before the Judicial Magistrate judicial remand was declined and accused discharged. Police report under section 167, Cr.P.C. is not binding upon the Court. According to section 63 of the Cr.P.C. a Magistrate has powers to release the accused persons even without a formal bail order when he comes to conclusion that the police was not justified in arresting the accused or that there is no reason for remanding the accused to custody. Writ Petition dismissed in limine
249-A power of magistrate to aqcuite
accused at any stage of proccedings
PLJ 2004 SC 2
PLD 1981 SC 607
NLR 1999 PCRLJ 137
2003 YLR 274
2005 PCRLJ 252
PLD 1984 SC 428
PLD 1999 SC 1063
2000 MLD 605
1991 PCRLJ 1381
1985 SCMR 257
PLD 1991 LAH 268
1999 MLD 1645
PLD 1999 SC 1063
2003 PCRLJ 12
PLJ 2003 AJ&K
2004 PCRLJ 1068
PLD 1981 SC 607
NLR 1999 PCRLJ 137
2003 YLR 274
2005 PCRLJ 252
PLD 1984 SC 428
PLD 1999 SC 1063
2000 MLD 605
1991 PCRLJ 1381
1985 SCMR 257
PLD 1991 LAH 268
1999 MLD 1645
PLD 1999 SC 1063
2003 PCRLJ 12
PLJ 2003 AJ&K
2004 PCRLJ 1068
Locus Poenitentie U/S 121 of General
Clause Act
PLD 1997 KARACHI 450
1998 SCMR 2745
2002 CLC 1464
2004 YLR 2047
2003 CLC 1196
2000 CLC 443
PLD 1964 SCMR 407
1001 SCMR 15
PLD 1985 AJK 17
PLD 1975 KARACHI 373
1994 MLD 751
1998 SCMR 2745
2002 CLC 1464
2004 YLR 2047
2003 CLC 1196
2000 CLC 443
PLD 1964 SCMR 407
1001 SCMR 15
PLD 1985 AJK 17
PLD 1975 KARACHI 373
1994 MLD 751
Pre- Emption
1988 SCMR 892
1996 CLC 161
2001 SCMR 495
1991 MLD 506
2008 PLD MARCH/APRIL
Mian peer v/s Fakir mohammad
PLD 2007 SC 121
1991 SCMR 112
1996 CLC 161
2001 SCMR 495
1991 MLD 506
2008 PLD MARCH/APRIL
Mian peer v/s Fakir mohammad
PLD 2007 SC 121
1991 SCMR 112
Accused not named in F.I.R
2006 YLR 1664
2006 YLR 712
2006 PCRLJ 423
2006 PCRLJ 1070
2006 PCRLJ 986
2006 PCRLJ 612
2006 PCRLJ 418
2006 YLR 418
2006 YLR 1404
2006 YLR 1872
2006 YLR 712
2006 PCRLJ 423
2006 PCRLJ 1070
2006 PCRLJ 986
2006 PCRLJ 612
2006 PCRLJ 418
2006 YLR 418
2006 YLR 1404
2006 YLR 1872
Check dishounor / 489-F
PLJ 2004 545
PLD 99 KARACHI 121
PCRLJ 2004 343
PLD 95 SC 34
2004 PLJ LAHORE 522
Plea of Alibi
2005 MLD 1756
2005 MLD 1267
2005 MLD 415
2006 YLR 749
2006 PCRLJ 184
2004SCMR 1019
2005 PCRLJ 1269
2005 MLD 1267
2005 MLD 415
2006 YLR 749
2006 PCRLJ 184
2004SCMR 1019
2005 PCRLJ 1269
Identification Parade
2006 MLD 14
2005 YLR 657
2006 MLD 431
2005 YLR 1404
2006 YLR 673
2005YLR 3151
Identification Parade not Held
2005 YLR 657
2006 MLD 431
2005 YLR 1404
2006 YLR 673
2005YLR 3151
Identification Parade not Held
Benefit of doubt
PLJ2005 Cr.C Lah 47
2006 MLD 614
2006 MLD 595
PLJ 2005 Cr.C.Pesh 999
2006 PDr.LJ 1033
2005 YLR 3141
Benefit of doubt
2006 MLD 614
2006 MLD 595
PLJ 2005 Cr.C.Pesh 999
2006 PDr.LJ 1033
2005 YLR 3141
Benefit of doubt
Custody of minor
CUSTODY OF MINOR
1. 2003MLD 977
2. 2003 CLC 1492
3. 2003 CLC1265 LAH
4. 1994 MLD 1199
5. 1983 SCMR 480
6. 1981 NLR 741
7. 1983 SCMR 481
8. 1996 CLC KAR
9. 2003 MLD 980
2. 2003 CLC 1492
3. 2003 CLC1265 LAH
4. 1994 MLD 1199
5. 1983 SCMR 480
6. 1981 NLR 741
7. 1983 SCMR 481
8. 1996 CLC KAR
9. 2003 MLD 980
Bail in rape cases
PCRLJ 2006 CR.C LAHORE 433
PLJ 2006 CR,C LAH 101
PLJ 2006 CR.C LAH 106
PLJ 2005 CR.C LAH 813
PLJ 2005 CR.C LAH 542
2003 YLR 1757
PLJ 2003 CR.C LAH 640
PLJ 2006 CR,C LAH 101
PLJ 2006 CR.C LAH 106
PLJ 2005 CR.C LAH 813
PLJ 2005 CR.C LAH 542
2003 YLR 1757
PLJ 2003 CR.C LAH 640
Bail in Rape cases under hadood
ordinance Sec 10/11
1984 PCRLJ 365
NLR 1993 56
86 PCRLJ 1587
PLD 84 SC 23
PLD 59 LAH 677
1990 ALD 92 (1)
1990 ALD 435 (2)
NLR 1993 56
86 PCRLJ 1587
PLD 84 SC 23
PLD 59 LAH 677
1990 ALD 92 (1)
1990 ALD 435 (2)
Delay in FIR in that cases
1990 ALD 546
NLR 1993 PESH 480
NLR 1993 PESH 480
Decoy witness
1994 PCRLJ 292
1989 PCRLJ 1324/1334
1989 PCRLJ 1324/1334
Excused of accused in court
1980 PCRLJ 1---3
PLD 1988 KAR 535
1989 PCRLJ 1652
PLD 1993 373
PLD 1988 KAR 535
1989 PCRLJ 1652
PLD 1993 373
Bail
Bail means to hand over an accused into the hands of surety from the custody of state.
Bail means to hand over an accused into the hands of surety from the custody of state.
Definition of bail after arrest U/S
497 Cr.P.C
PLJ 2006 SC (AJ & K ) 65.
PLJ 2006 SC (AJ & K ) 65.
Principles of bail after arrest.
1. Prima facie case 1991 MLD 1435
2. Appreciation of evidence 2004 PCr.LJ127
3. Benefit of doubt 199 PCr.Lj 582
4. Recovery 1998 MLD 1366
5. Delay in trial PLD 2005 Karachi 201
1. Prima facie case 1991 MLD 1435
2. Appreciation of evidence 2004 PCr.LJ127
3. Benefit of doubt 199 PCr.Lj 582
4. Recovery 1998 MLD 1366
5. Delay in trial PLD 2005 Karachi 201
Distinction between bail after
arrest and bail before arrest
2005 PCr.Lj 546 2005 YLR 3133
Grounds of Bail after Arrest
(i) Further Inquiry U/S 497
PLJ 2006 Cr.C.Lah 885 (Grant)
2005 YLR 2532(Grant)
PLJ 2006 Cr.C.Lah 97 (Grant)
2005 MLD 1072 (Grant)
PLJ 2006 Cr.C.Lah 885 (Grant)
2005 YLR 2532(Grant)
PLJ 2006 Cr.C.Lah 97 (Grant)
2005 MLD 1072 (Grant)
(ii) Delay in Lodging FIR
PLJ 2006 Cr.C(Lah)117 (Grant)
2006 YLR 1863
2006 YLR 1563
2006 YLR 712
2006 PCr.LJ 1087
2006 YLR 712
2006 YLR 1863
2006 YLR 1563
2006 YLR 712
2006 PCr.LJ 1087
2006 YLR 712
Stay order 39 rule 1-2
1989 SCMR 130
1992 SCMR 138
1988 PLD S.C 1509
2000 SCMR 780
AIR 37 LAH 288
2003 CLC 16595
1992 SCMR 138
1988 PLD S.C 1509
2000 SCMR 780
AIR 37 LAH 288
2003 CLC 16595
Grounds of bail before
2006 YLR 1305
2006 MLD 559
2006 MLD 1046
2006 PCRLJ 234
PLJ CRC(LAH)173
2006 MLD 491
2006 MLD 559
2006 MLD 1046
2006 PCRLJ 234
PLJ CRC(LAH)173
2006 MLD 491
Neccessary party
1906 MLD 195
1986 MLD 18
1957 LAH 882
1970 SCMR 839
1987 LAH 336/307
1986 MLD 18
1957 LAH 882
1970 SCMR 839
1987 LAH 336/307
Ejectment of tenent for personal use
1996 SCMR 1097
1997 SCMR 1062
1991 SCMR 1831
1991 SCMR 2337
1997 SCMR 1062
1991 SCMR 1831
1991 SCMR 2337
1987 MLD 715
1987 MLD 2367
1987 MLD 1078
1988 MLD 1974
1987 MLD 2367
1987 MLD 1078
1988 MLD 1974
NLR 1997 CIVIL 290
NLR 1999 AC 523
NLR 1997 CIVIL 706
NLR 1999 AC 523
NLR 1997 CIVIL 706
PLJ 2003 SC 65
PLD 1987 KARACHI 180
1991 CLC 1381
1991 SCMR 1759
1991 SCMR 1759
Judgements for maintainance of
children to the father
PLD 1881 LAHORE 280
PLD 1986 LAHORE 272
PLD 1958(W.P)LAHORE 596
1985 MLD 96
NLR 1991 CLJ 430
1987 CLC 247.
(As received)
PLD 1986 LAHORE 272
PLD 1958(W.P)LAHORE 596
1985 MLD 96
NLR 1991 CLJ 430
1987 CLC 247.
(As received)
2016 SCMR 662
Registration Act.Ss.17 &49
Oral gift, authenticity of ....Unregistered gift deed executed between the donor and donee as an acknowledgement of past transection of oral gift..non-registration of such gift deed would not have much bearing as regard its authenticity or validity , however three important prerequisites for valid gift I.e "offer" ,""acceptance ",and " delivery of possession " ,had to be proved for such transaction to be valid
Registration Act.Ss.17 &49
Oral gift, authenticity of ....Unregistered gift deed executed between the donor and donee as an acknowledgement of past transection of oral gift..non-registration of such gift deed would not have much bearing as regard its authenticity or validity , however three important prerequisites for valid gift I.e "offer" ,""acceptance ",and " delivery of possession " ,had to be proved for such transaction to be valid
2016 CLC 1460
LAHORE-HIGH-COURT-LAHORE
Side Appellant : Mst. RABIA BIBI
Side Opponent : ABDUL QADIR
Side Appellant : Mst. RABIA BIBI
Side Opponent : ABDUL QADIR
S. 25---Constitution of Pakistan,
Art.199---Constitutional petition---custody of minor ---Welfare of minor
---Determination---second marriage of mother---Effect---Scope---Courts below
handed over custody of minor to father---Validity---Courts below took into
consideration the second marriage of mother and age of minor ---While deciding
custody of minor , welfare of minor , and nothing else, was the paramount
consideration---Courts below were not justified in disturbing the custody of
minor ---Father admitted that suit for recovery of maintenance allowance of the
minor had been decreed against him---Real mother could not be deprived of her
son due to her second marriage ---Father filed application for custody of minor
subsequent to passing of decree of maintenance allowance against him---Father
was least interested in welfare of minor , rather, he filed the application for
custody of minor in order to frustrate the decree of maintenance allowance
passed against him---minor was growing up properly and getting proper education
in a private school---minor was living with his mother since birth and had
developed love and affection for her---Disturbance in custody at this stage
would psychologically tell upon his personality in future---No substitute to
real mother---Lap of mother was cradle of God---Remarriage of the mother, ipso
facto, would not disentitle her from retaining the custody of minor ---Poverty
of mother was no ground to disentitle her from the custody of the minor
---Islamic law was subservient to the welfare of the minor ---Petition was
allowed---Application of father for custody of minor was dismissed.
2005 S C M R 515Recovery of the blood stained dagger and blood stained clothes after a period of about more than one month from inside the earth had diminished the possibility of presence of blood on them
2010 Y L R 431
[Lahore]
Before Hasnat Ahmad Khan, J
NAEEM MASIH---Appellant
Versus
THE STATE---Respondent
---"Chutri" recovered from the accused after 23 days of the occurrence could not retain blood-stains.
1998 P Cr. L J 1077
[Lahore]
Before Sajjad Ahmed Sipra, J
ZULFIQAR AHMAD and others---Appellants
Versus
THE STATE.--Respondent
Criminal Appeal No.221 of 1993, decided tin 27th March, 1998.
(a) Panel Code (XLV of 1860)----
----S. 302/34---Recovery of blood-stained weapon----Utility----weapon of offence cannot retain blood stains on it for nearly two months.---[Recovery].
2013 Y L R 2777
[Lahore]
Before Manzoor Ahmad Malik and Malik Shahzad Ahmad Khan, JJ
MUHAMMAD ASIF---Appellant
Versus
The STATE---Respondent
(b) Penal Code (XLV of 1860)---
----S.302---Qatl-e-amd---Delayed recovery of weapon of
offence---Effect---Occurrence took place on 18-3-2007, whereas recovery of
dagger was effected at the instance of accused on 25-4-2007 and the same was
received in the office of Chemical Examiner on 23-6-2007, i.e. after about more
than two months of occurrence---Remote possibility of presence of blood on
dagger after the lapse of more than two months and it was not safe to rely on
such piece of evidence---Recovery was not relied upon in circumstances.
1985 M L D 1039
[Lahore]
Before Muhammad Munir Khan, J
FAZAL HUSSAIN- -Appellant
versus
THE STATE--Respondent
Knife recovered from house of accused after three days of occurrence but
presence of blood on kniMuhammad Imran Qureshi
CIVIL LAW
Agreement without consideration
1983 CLC 657
2002 SCMT 1089
Oral agreement
Inadequacy of price
Mere possession is no ground
No proof of money
No proof of payment
Sale on behalf of other
Suit for declaration is not competent
Suit decreed
2010 MLD 986
2010 SCMR 537
2011 YLR 65
Pleading of an oral condition in contradiction of written agreement
2014 CLC 1590
Signed by one party only
2010 SCMR 334
2013 YLR 1017
2016 CLC 114
Adverse possession
1991 SCMR 2063
2014 MLD 1602
Amendments of pleadings
Pre emption
Amendments of plaint
Allowed
PLD 2001 SC 518
Disallowed
PLD 1978 SC 242
PLD 2007 SC 302
PLD 2013 SC 239
2006 SCMR 315
Amendment in prayer
Land mark judgement
Oral request for amendment
PLD 2001 SC 518
Proposed amendment should be given
Sou moto amendments
Unauthorized amendment
VIP
Arbitration
Pre-requisites
PLD 2015 SC 154
Limitation
2015 MLD 1821
Panchayat
PLD 2010 Lah 437
Benamidar suit
PLD 1977 SC 75
1991 SCMR 703
1994 CLC 1437
2001 SCMR 1443
2005 SCMR 577
2011 SCMR 1550
2015 CLC 973
2015 MLD 642
PLD 2010 SC 569
PLD 2011 SC 829
2015 CLC 696
2008 SCMR 143
2011 CLC 79
PLD 2012 Lah 141
Cantonments Act 1924
Parking fee
2015 SCMR 1385
Cause of action
Defamation cases
PLD 2015 SC 42
Negation able instrument
cheque
2014 CLC 1448
Condo nation of delay
1984 SCMR 890
Conduct of lawyers
2015 SCMR 810
Contempt proceedings
Custody of minor
PLD 2003 supreme Court 877
PLD 2011 SC 680
PLD 2002 SC 303
Court Fee
Defamation ordinance
Court fee is necessary
2015 CLC 339
Executing court cannot order court fee
Executing court cannot order court fee
General
PLD 1992 FSC 15
Gift
Deceleration of gifts
1986 CLC 2057
2007 YLR 1454
Mutation
1992 SCMR 1306
2007 CLC 36
Possession
2007 SCMR 1884
Pre emption
1985 CLC 275
Custodian of record is the best judge
1984 SCMR 321
1989 SCMR 819
PLD 1991 SC 691
Damages
Malicious prosecution
Malicious prosecution ingredients
2006 YLR 1167
2016 MLD 418 damages
2004 YLR 482
2013 MLD 584
2015 MLD 601
PLD 1994 SC 476
PLD 2013 LAH 170
2006 MLD 907
2008 CLD 85
PLD 1989 LAH 200
PLD 1990 SC 28
PLD 1996 SC 737
Declaration suit
Aaqnama
2011 YLR 697
Date of birth change
2015 SCMR 456
2016 PLC ( Cs 92)
2011 CLC 265
Decree cannot be granted on the basis of agreement
2016 CLC 114 decree cannot be claim on
Gift
2007 YLR 1454
2011 YLR 82
Iqrarnama
2011 YLR 888
PLD 1990 LAH 467
Oral agreement
2011 CLC 592
Possession
2016 MLD 190
PLD 1981 Lah 696
2007 SCMR 1884
2010 CLC 1646
Specific performance
2007 SCMR 551
Cancellation of documents
PLD 969 Dacca 357
1986 CLC 2057
1993 CLC 1391
2002 CLC 1549
PLD 1965 Dacca 439
Declaration
PLD 1965 Dacca 439
2002 CLC 1549
2000 MLD 1611
PLD 1967 Kar 733
Suit on the basis of un registered sale deed
2015 YLR 1845
No deceleration if the suit is not filled for his benefit
Refund of court fee
PLD 2016 Lah 156
2011 CLC 314
2008 CLC 464
2004 CLC 430
1999 YLR 1147
PLD 1993 SC 76
1995 CLC 111
2008 MLD 546
2012 MLD 1334
2008 CLC 1256
Defamation
Defamation is personal wrong
2015 CLC 834
PLD 2010 SC 612
Demarcation
1982 CLC 1732
2013 CLC 1823
1995 SCMR 1069
2002 YLR 3785
2003 CLC 122
2006 CLC 1028
2008 MLD 592
PLD 2003 PES 23
PLD 2008 Lah 352
2011 MLD 1662
2012 SCMR 196
2014 CLC 1442
2014 YLR 2053
Electricity matter
Detection bill
PLD 2012 SC 371
2016 YLR 267
2016 MLD 82
2015 MLD 299
2014 YLR 2551
2011 YLR 1701
PLD 2014 Pesh 271
2014 MLD 1680
PLD 2008 Lah 428
Jurisdiction
PLD 2012 SC 371
2015 MLD 1307
2015 YLR 1598
P L D 2015 Lahore 146
2011 CLC 765
2011 SCMR 226
Evacuee trust property
Bar on jurisdiction of civil court
2014 CLC 1718
PLD 2011 SC 126
Execution
Attachment of money kept in bank
PLD 1969 SC 301
2016 CLC 1085
Executing court cannot order court fee
Execution bared remedy not right
2007 MLD 857
Execution of decree in AJK
1986 CLC 1309
PLD 2006 ALK 1
Family
Maintenance after attaining age of majority
PLD 2013 SC 557
Objection petition
2003 SCMR 181
Objection regarding deficient court fee
2000 YLR 2696
Pension
2011 CLC 1040
Section 48 time for execution( Limitation)
After decree filed application under order 9 rule
1998 CLC 690
First Application
2016 CLC 256
2015 CLC 1833
2013 SCMR 05
2013 YLR 226
2012 CLC 1227
PLD 1990 SC 778
First application consigned to record room second
1988 MLD 1379
2015 SCMR 1335
PLD 1968 KAR 10
Merger of decree
Contra
2013 SCMR 5
1992 SCMR R 241
1997 CLC 1479
1997 MLD 1917
Fatal Accident Act
2011 SCMR 939
Filing of suit by un-authorized person
2015 CLC 1418
PLD 1971 SC 550
Filing of written statement by un-authorized
Fraud
1969 SCMR 299
1993 SCMR 710
2003 SCMR 549
PLD 2002 SC 677
General power of Attorney
1999 SCMR 2594
2003 YLR 2843
2011 CLC 848
PLD 1985 SUPREME COURT 341
PLD 2003 SUPREME COURT 494
PLD 2002 SC 71
PLD 2003 SC 676
PLD 2005 SC 418
PLD 2008 SC 389
PLD 2014 LAH 417
PLD 2003 SC 31
Power of attorney written abroad
Statement by Attorney
P L D 2016 Lahore 140
Gift
Conditional gift of corpus of property valid but condition is invalid
Delivery of possession
Husband to wife
2012 MLD 1545
Un-registered
2004 CLC 1343
PLD 1976 SC 781
PLD 2005 SC 311
PLD 2008 SC 73
Usufructry gift is valid
1982 CLC 2082
2005 SCMR 710
PLD 1970 LAH 502
PLD 1991 SC 466
PLD 1997 SC 730
PLD 1963 (W.P) PESHAWAR 199
PLD 1975 SUPREME COURT 37
PLD 1975 SUPREME COURT 383
2011 SCMR 803
PLD 1969 LAH 338 gift and hiba
Guardian
Delay in filing application
1995 CLC 306
PLD 2015 LAH 401
Jurisdiction
PLD 2012 SUPREME COURT 66
Grand mother (Nani)
2011MLD 1814
2011 YLR 348 LAH
2013 MLD 741
Sale of property of minor
PLD 2015 SINDH 46
When both married
1987 CLC 1675
Imam Masjid
Appointment PLJ 2005 LAH 639
Inheritance
Group insurance, benevolent funds are not tarka
Contra
Contra view
PLD 2013 PESHAWAR 1
2014 CLC 126
PLD 1991 SC 731
PLD 2010 KAR 512
Presumed to be Sunni unless proved otherwise
Contra 2010 SCMR 1915
PLD 1965 SC 134
PLD 1990 SC 01
Shia law
Share of mother
Shia Wife
2006 SCMR 1916
2012 YLR 713
2014 CLC 945
PLD 2002 SC 677
Injunction
Cheque
2014 CLC 1448
No need for specific extension if written statement is not filed
1999 SCMR 2215
NLR 2000 Civil 14
Undertaking on risks and costs
2008 CLC 1481
1981 PCLRJ 1018
1990 CLC 609
2006 CLC 1574
PLD 2002 DC 303
Interpleader suit
2015 CLC 934
Interpretation of laws
PLD 2010 SC 612
Judicial protection Act 1856
Land mark judgment
PLD 1966 SC 628
Judicial restrain
PLD 1962 LAH 411
Land Acquisition Act 1894
Unutilized land
2015 SCMR 1428
Land revenue Act
Partition
2016 MLD 753
2015 YLR 2457
Correction of entries
PLD 2015 Lah 687
2015 CLC 1084
2015 YLR 750
Jamabandi
PLD 1975 SC 369
KHASRA GIRDAWARI
2015 CLC 473
2012 YLR 521
1990 CLC 1617
Fard Badar
PLD 1964 SC 143
ALA and Adna Malik
PLD 1956 W-P 17(Rev)
PLD 1975 SC 369
1993 SCMR 381
2010 CLC 1465
2010 CLC 1468
Dhakheel Kar
2016 MLD 766
1989 CLC 457
Roznamch Waqiati is a public document
1999 XLR 1979
Shamlat Deh
1985 CLC 796 Shamlat
2003 SCMR 1857 Shamlat
2006 SCMR 659
2012 CLC 1803 SHAMLAT
2016 MLD 568 SHAMLAT
2008 MLD 592
Legitimacy of child
land mark judgment
PLD 2015 SC 327
1988 SCMR 08
2009 ML 962
PL 2010 LAH 422
PLJ 2014 LAH 860
Limitation Act
Suit for compensation
2015 MLD 111
Suit for specific performance
2016 MLD 14
2015 SCMR 21
2013 YLR 777
PLD 2012 SC 247
2013 CLC 1570
2014 CLC 499
Administration suit
2015 CLC 672
Suit for redemption of mortgage
2008 CLC 1102
2009 SCMR 191
PLD 2009 Pes 93
PLD 2011 Lah 1218
2014 MLD 1602
2014 CLC 1252
Suit for declaration
2011 SCMR 222
2015 MLD 1481
2015 MLD 191
2013 CLC 1246
2014 MLD 451
PLD 2014 SC 545
2012 CLC 1944
PLD 2013 SC 268
Suit for possession
2015 YLR 843
2004 SCMR 1502
PLD 2012 SC (AJ&K) 46
Limitation
Co sharer
2008 SCMR 905 limitation against co sharer
Limitation can not be waived
2006 SCMR 170
1999 SCMR 2266
2011 SCMR 222
Lis pendence
Transfer within the period of time of appeal
2014 CLC 1689
PLD 2006 LAH 223
Maxim
PLD 2011 SC 680
Mental health ordinance
Suit filed on behalf of unsound mind person
2006 YLR 2848
PLD 2006 LAH 654
NADRA
Adopted Child
P L D 2016 Lahore 393
PLD 2016 BAL 1
Negotiable instrument
Cheque
2014 CLC 1448
Oaths Act 1873
Procedure of oath during suit
1993 CLC 1552
2001 MLD 128
PLD 1990 SC 841
PLD 2015 LAH 348
Pardanasheen lady
2001 SCMR 1591
2004 SCMR 1259 Parda Nasheen Lady
PLD 2008 SC 140 Parda Nasheen Lady
Partition
Co sharer
Injunction
Granted
1993 SCMR 1463
PLD 1961 DACCA 259
1999 SCMR 2325 Co Sharer
Joint khata
1993 SCMR 1463
Jurisdiction of civil court
PLD 2016 PES 08
Limitation
1987 CLC 195
1994 CLC 247
2006 MLD 1496
AIR 1917 MADRAS 244
PLD 1994 SC 462
PLD 2014 LAH 417
Partial suit for partition
PLD 2009 SC 198
Private partition
2003 YLR 362 Not allowed
Permanent injunction
Section 54
Co sharer
1999 SCMR 2325
No stay in harassment
Title of property is in dispute
2005 SCMR 1872
1986 MLD 265
Pleadings
Mufassil court lawyers
2000 CLC 267
PLD 969 SC 565
Questions not raised in petition but argued by the counsel
2014 SCMR 1858
Question beyond the scope of pleading
PLD 2010 SC 965
Written statement
Defendants file separate written statement
2008 CLD 85
PLD 1977 SC 109
Polygamy
1992 MLD 93
2004 YLR 2242
PLD 1991 SC 1074
PLD 2003 SC 128
Possession
Adverse possession
1991 SCMR 2063
Power of attorney
Power of attorney to counsel
1987 CLC 813
1992 SCMR 1488
1995 CLC 1572
PLD 1969 KAR 123
PLD 1985 SC 341
PLD 1987 LAH 392
PLD 2008 KAR 342
PLD 2015 LAH 57
Pre-emption
Land mark judgments
PLD 2007 SC 302
PLD 2013 SC 171
Amendments of plaint
Allowed
PLD 2001 SC 518
Dis allowed
PLD 1978 SC 242
PLD 2007 SC 302
PLD 2013 SC 239
Date time and place
2014 CLC 1819
Exchange and sale proof
1981 CLC 527
2014 SCMR 1217
PLD 1961 PES 62
Jurisdictional value
2002 YLR 1592
Land having characteristic of urban property
2013 SCMR 913
PLD 2006 SC 594
Non disclosure of date of notice
2012 SCMR 911
2013 CLC 1488
2014 CLC 937
PLD 2008 SC 559
Postman
2007 SCMR 1105
2013 SCMR 866
2014 CLC 1425
PLD 2012 Lah 234
Urban immovable property
2015 MLD 976
Zar-e-some
1991 SCMR 487
1995 MLD 1011
1997 PLD 549 LAH
2000 CLC 808
2000 NLR CIVIL 220
2000 NLR CIVIL 422
2000 SCMR 650
PLD 1980 LAH 104
Presence by clerks of Advocates
PLD 2014 LAH 22
Principles
Action personal’s monitor cum
PLD 1967 KAR 755
1996 MLD 803
2015 CLC 834
Doctrine of sinker
PLJ 206 LAH 263
Locus poentenitia
PLD 2015 IS 165
CONTRA
2000 SCMR 907
2007 SCMR 318
2015 CLC 1579
Specs successionis
1986 CLC 2923
PLD 2015 ISL 65
Doctrine of sinker
PlJ 206 Lah 263
Actio personalis moritur cum persona
1996 MLD 803
2015 CLC 834
PLD 1967 kar 755
PT- 1
1993 CLC 1702
Public interest litigation
2003 SCMR 1756
2007 CLC 107
PLD 2009 217
Punjab local Govt Ordinance
Offences
2015 MLD 1745
Sealing of premises
2015 MLD 1745
Qanoon-e- Shahdat Order
Admissibility of documents
Photo copy
PLD 1993 SC 160
Admission art- 34
PLD 1975 SC 311
2013 CLC 1171
PLD 1992 Pesh 144
2016 CLC 3765
PLD 2015 472
PLD 2015 SC 187
2015 SCMR 21
2014 YLR 1964
2012 YLR 1797
2014 CLC 322
PLD 1971 SC 730
2013 MLD 1459
Art 79
Must be proved by two attesting witnesses
Contra
1997 SCMR 260
2015 SCMR 1044
PLD 2011 SC 241
One marginal produced
Suit dismissed
2014 CLC 1708
Scribe as marginal witness requirement
Scribe not to equated with original witness
2015 SCMR 1044
PLD 2011 SC 241
2014 CLC 1745
Art 129. E
2004 SCMR 964
2010 SCMR 583
Beneficiary of document
Burden to prove
2000 SCMR 1647
2009 XLR 414
Court witness
Documentary evidence
Exhibition and DE exhibition
2010 YLR 619
1971 PCr.LJ 609
I-D card
2011 SCMR 837
Private document tendering off
Registered documents
1993 SCMR 462
Secondary evidence
1986 MLD 1500
2004 YLR 1113
Written agreement excludes oral
1986 CLC 770
1988 SCMR 753
2001 CLC 1332
2002 YLR 2653
2003 YLR 1126
2005 MLD 646
PLD 2004 SC 860
2011 SCMR 837
Estoppel
PLD 2015 SC 212
Evidence discussion
PLD 2001 LAH 495
Evidence meaning of
PLD 1994 SC 501
Exhibition of documents
Photocopy
1996 SCMR 1329
Expert evidence
Evidentiary value
1971 PCR.LJ 918
2010 PCR.LJ 1832
2015 SCMR 284
How a document is proved
PLJ 2002 LAH 1982
Id card probative value of
1991 SCMR 840
2011 SCMR 837
Issues
1994 CLC 1280
Oral evidence
2000 MLD 1653
Pleadings
1991 CLC 1937
PLD 2010 SC 965
Separate written statements
Private documents
1990 MLD 1934
1994 SCMR 1945
1996 MLD 1819
2004 YLR 1841
PLD 1973 SC 160
PLD 1993 LAH 303
Public documents
Public documents
2002 CLC 518 C
Roznamcha of patwari
1999 YLR 1979
Re examination of witness
2005 SCMR 152
Report of FSL
2004 SCMR 1859
2013 CLC 1171
Requirement of two witness art. 79
2003 YLR 673
PLD 1996 SC 256
Right to cross examination
Cross examination on his own witness
1998 CLC 1148
Roznamcha
2003 YLR 1126
Secondary evidence
2000 MLD 1653
2004 YLR 1113
Standard to prove
Discrepancies in statements
Documents not produced in evidence
Question of fact alleged but not controverted
Registration ACT
Sec 27/A
1993 CLC 2073
1994 MLD 1864
AIR 1960 PATNA 470
AIR 1985 MADHA PARDHESH 12
NLR 1994 CIVIL 482
NLR 1995 CIVIL 209
PLD 1996 LAH 86
PLJ 1994 QUETTA 4 DB
Sec 47
2002 SCMR 1821
2011 SCMR 794
PLD 2003 SC 818
Sec 71
1993 CLC 2073
1994 MLD 1864
AIR 1985
MADHYA PARDESH 12
NLR 1995 CIVIL 209
PLJ 1994 QUETTA 4DB
Rehabilitation act 1956
Land once allotted can not be settled in compensation pool
2013 SCMR 1558
Rejection of Plaint
Preemption on point of court fee
1985 CLC 275
Rendition of accounts
Rent Restriction Ordinance
Co owner filing of petition
2002 SCMR 429
2014 CLC 1242
2014 YLR 161 RENT
Sec 08
2013 SCMR 1520
Fine is liable to be recovered in rent
PLD 2009 SC 71
Report of FSL
Restoration. Dismiss in default
When fixed for interlocutory application fixed for interim application
1992 SCMR 707
Once the suit is restored all orders become alive
Return of plaint
2011 SCMR 806 Banking Court
Review
2008 SCMR 554
2009 SCMR 394
PLD 2007 SC 121
Revision petition
Dismissed for non-prosecution
PLD 2000 SC 820
Sale
Sale to minor
2011 SCMR 837
Sale with consideration
2015 CLC 994
Section 91 & 92 CpC
Permission is not necessary
PLD 2016 SIND 26
2008 CLC 1411
2009 SCMR 574
2010 MLD 1714
Simplifier suit for possession
PLD 2013 LAH 513
Specific performance
Oral agreement to sell
Time when essence of
PLJ 2003 SC 309
Stamp Act
Stamp vendor
2012 PCR. LJ 255
Suit against dead defendant
2003 SCMR 464
Suit valuation ACT
Summons
TPA ACT
Transfer by ostensible owner
PLD 2013 LAH 517
Waiver
Withdrawal of suit
Extension of time after withdraw of first suit is not permissible
2014 CLC 1662
Firstly submitted then retracted
2005 CLC 1101
2013 CLC 1246
Limitation for filing fresh
2011 SCMR 345
Partition suit
PLD 2003 SC 818
2013 SCMR 464
Writ jurisdiction
Writ against the order of provisional court
2014 CLC 1581/1585
PLD 1996 LAH 672
PLD 2013 SC 255
7 rule 11
Dismissed
Agreement to sell declared forged by handwriting expert
2016 SCMR 192
Applicability in application U/s 12/2 CpC
2008 CLC 164
Partial or piecemeal rejection
PLD 2016 SINDH 426
Granted
12(2) CpC
Decree obtained without pleading party
2015 CLC 1428
Forum
1992 SCMR 241
PLD 2013 SC 478
PLD 2016 SC 358
PLD 2015 PESH 39.
1983 CLC 657
2002 SCMT 1089
Oral agreement
Inadequacy of price
Mere possession is no ground
No proof of money
No proof of payment
Sale on behalf of other
Suit for declaration is not competent
Suit decreed
2010 MLD 986
2010 SCMR 537
2011 YLR 65
Pleading of an oral condition in contradiction of written agreement
2014 CLC 1590
Signed by one party only
2010 SCMR 334
2013 YLR 1017
2016 CLC 114
Adverse possession
1991 SCMR 2063
2014 MLD 1602
Amendments of pleadings
Pre emption
Amendments of plaint
Allowed
PLD 2001 SC 518
Disallowed
PLD 1978 SC 242
PLD 2007 SC 302
PLD 2013 SC 239
2006 SCMR 315
Amendment in prayer
Land mark judgement
Oral request for amendment
PLD 2001 SC 518
Proposed amendment should be given
Sou moto amendments
Unauthorized amendment
VIP
Arbitration
Pre-requisites
PLD 2015 SC 154
Limitation
2015 MLD 1821
Panchayat
PLD 2010 Lah 437
Benamidar suit
PLD 1977 SC 75
1991 SCMR 703
1994 CLC 1437
2001 SCMR 1443
2005 SCMR 577
2011 SCMR 1550
2015 CLC 973
2015 MLD 642
PLD 2010 SC 569
PLD 2011 SC 829
2015 CLC 696
2008 SCMR 143
2011 CLC 79
PLD 2012 Lah 141
Cantonments Act 1924
Parking fee
2015 SCMR 1385
Cause of action
Defamation cases
PLD 2015 SC 42
Negation able instrument
cheque
2014 CLC 1448
Condo nation of delay
1984 SCMR 890
Conduct of lawyers
2015 SCMR 810
Contempt proceedings
Custody of minor
PLD 2003 supreme Court 877
PLD 2011 SC 680
PLD 2002 SC 303
Court Fee
Defamation ordinance
Court fee is necessary
2015 CLC 339
Executing court cannot order court fee
Executing court cannot order court fee
General
PLD 1992 FSC 15
Gift
Deceleration of gifts
1986 CLC 2057
2007 YLR 1454
Mutation
1992 SCMR 1306
2007 CLC 36
Possession
2007 SCMR 1884
Pre emption
1985 CLC 275
Custodian of record is the best judge
1984 SCMR 321
1989 SCMR 819
PLD 1991 SC 691
Damages
Malicious prosecution
Malicious prosecution ingredients
2006 YLR 1167
2016 MLD 418 damages
2004 YLR 482
2013 MLD 584
2015 MLD 601
PLD 1994 SC 476
PLD 2013 LAH 170
2006 MLD 907
2008 CLD 85
PLD 1989 LAH 200
PLD 1990 SC 28
PLD 1996 SC 737
Declaration suit
Aaqnama
2011 YLR 697
Date of birth change
2015 SCMR 456
2016 PLC ( Cs 92)
2011 CLC 265
Decree cannot be granted on the basis of agreement
2016 CLC 114 decree cannot be claim on
Gift
2007 YLR 1454
2011 YLR 82
Iqrarnama
2011 YLR 888
PLD 1990 LAH 467
Oral agreement
2011 CLC 592
Possession
2016 MLD 190
PLD 1981 Lah 696
2007 SCMR 1884
2010 CLC 1646
Specific performance
2007 SCMR 551
Cancellation of documents
PLD 969 Dacca 357
1986 CLC 2057
1993 CLC 1391
2002 CLC 1549
PLD 1965 Dacca 439
Declaration
PLD 1965 Dacca 439
2002 CLC 1549
2000 MLD 1611
PLD 1967 Kar 733
Suit on the basis of un registered sale deed
2015 YLR 1845
No deceleration if the suit is not filled for his benefit
Refund of court fee
PLD 2016 Lah 156
2011 CLC 314
2008 CLC 464
2004 CLC 430
1999 YLR 1147
PLD 1993 SC 76
1995 CLC 111
2008 MLD 546
2012 MLD 1334
2008 CLC 1256
Defamation
Defamation is personal wrong
2015 CLC 834
PLD 2010 SC 612
Demarcation
1982 CLC 1732
2013 CLC 1823
1995 SCMR 1069
2002 YLR 3785
2003 CLC 122
2006 CLC 1028
2008 MLD 592
PLD 2003 PES 23
PLD 2008 Lah 352
2011 MLD 1662
2012 SCMR 196
2014 CLC 1442
2014 YLR 2053
Electricity matter
Detection bill
PLD 2012 SC 371
2016 YLR 267
2016 MLD 82
2015 MLD 299
2014 YLR 2551
2011 YLR 1701
PLD 2014 Pesh 271
2014 MLD 1680
PLD 2008 Lah 428
Jurisdiction
PLD 2012 SC 371
2015 MLD 1307
2015 YLR 1598
P L D 2015 Lahore 146
2011 CLC 765
2011 SCMR 226
Evacuee trust property
Bar on jurisdiction of civil court
2014 CLC 1718
PLD 2011 SC 126
Execution
Attachment of money kept in bank
PLD 1969 SC 301
2016 CLC 1085
Executing court cannot order court fee
Execution bared remedy not right
2007 MLD 857
Execution of decree in AJK
1986 CLC 1309
PLD 2006 ALK 1
Family
Maintenance after attaining age of majority
PLD 2013 SC 557
Objection petition
2003 SCMR 181
Objection regarding deficient court fee
2000 YLR 2696
Pension
2011 CLC 1040
Section 48 time for execution( Limitation)
After decree filed application under order 9 rule
1998 CLC 690
First Application
2016 CLC 256
2015 CLC 1833
2013 SCMR 05
2013 YLR 226
2012 CLC 1227
PLD 1990 SC 778
First application consigned to record room second
1988 MLD 1379
2015 SCMR 1335
PLD 1968 KAR 10
Merger of decree
Contra
2013 SCMR 5
1992 SCMR R 241
1997 CLC 1479
1997 MLD 1917
Fatal Accident Act
2011 SCMR 939
Filing of suit by un-authorized person
2015 CLC 1418
PLD 1971 SC 550
Filing of written statement by un-authorized
Fraud
1969 SCMR 299
1993 SCMR 710
2003 SCMR 549
PLD 2002 SC 677
General power of Attorney
1999 SCMR 2594
2003 YLR 2843
2011 CLC 848
PLD 1985 SUPREME COURT 341
PLD 2003 SUPREME COURT 494
PLD 2002 SC 71
PLD 2003 SC 676
PLD 2005 SC 418
PLD 2008 SC 389
PLD 2014 LAH 417
PLD 2003 SC 31
Power of attorney written abroad
Statement by Attorney
P L D 2016 Lahore 140
Gift
Conditional gift of corpus of property valid but condition is invalid
Delivery of possession
Husband to wife
2012 MLD 1545
Un-registered
2004 CLC 1343
PLD 1976 SC 781
PLD 2005 SC 311
PLD 2008 SC 73
Usufructry gift is valid
1982 CLC 2082
2005 SCMR 710
PLD 1970 LAH 502
PLD 1991 SC 466
PLD 1997 SC 730
PLD 1963 (W.P) PESHAWAR 199
PLD 1975 SUPREME COURT 37
PLD 1975 SUPREME COURT 383
2011 SCMR 803
PLD 1969 LAH 338 gift and hiba
Guardian
Delay in filing application
1995 CLC 306
PLD 2015 LAH 401
Jurisdiction
PLD 2012 SUPREME COURT 66
Grand mother (Nani)
2011MLD 1814
2011 YLR 348 LAH
2013 MLD 741
Sale of property of minor
PLD 2015 SINDH 46
When both married
1987 CLC 1675
Imam Masjid
Appointment PLJ 2005 LAH 639
Inheritance
Group insurance, benevolent funds are not tarka
Contra
Contra view
PLD 2013 PESHAWAR 1
2014 CLC 126
PLD 1991 SC 731
PLD 2010 KAR 512
Presumed to be Sunni unless proved otherwise
Contra 2010 SCMR 1915
PLD 1965 SC 134
PLD 1990 SC 01
Shia law
Share of mother
Shia Wife
2006 SCMR 1916
2012 YLR 713
2014 CLC 945
PLD 2002 SC 677
Injunction
Cheque
2014 CLC 1448
No need for specific extension if written statement is not filed
1999 SCMR 2215
NLR 2000 Civil 14
Undertaking on risks and costs
2008 CLC 1481
1981 PCLRJ 1018
1990 CLC 609
2006 CLC 1574
PLD 2002 DC 303
Interpleader suit
2015 CLC 934
Interpretation of laws
PLD 2010 SC 612
Judicial protection Act 1856
Land mark judgment
PLD 1966 SC 628
Judicial restrain
PLD 1962 LAH 411
Land Acquisition Act 1894
Unutilized land
2015 SCMR 1428
Land revenue Act
Partition
2016 MLD 753
2015 YLR 2457
Correction of entries
PLD 2015 Lah 687
2015 CLC 1084
2015 YLR 750
Jamabandi
PLD 1975 SC 369
KHASRA GIRDAWARI
2015 CLC 473
2012 YLR 521
1990 CLC 1617
Fard Badar
PLD 1964 SC 143
ALA and Adna Malik
PLD 1956 W-P 17(Rev)
PLD 1975 SC 369
1993 SCMR 381
2010 CLC 1465
2010 CLC 1468
Dhakheel Kar
2016 MLD 766
1989 CLC 457
Roznamch Waqiati is a public document
1999 XLR 1979
Shamlat Deh
1985 CLC 796 Shamlat
2003 SCMR 1857 Shamlat
2006 SCMR 659
2012 CLC 1803 SHAMLAT
2016 MLD 568 SHAMLAT
2008 MLD 592
Legitimacy of child
land mark judgment
PLD 2015 SC 327
1988 SCMR 08
2009 ML 962
PL 2010 LAH 422
PLJ 2014 LAH 860
Limitation Act
Suit for compensation
2015 MLD 111
Suit for specific performance
2016 MLD 14
2015 SCMR 21
2013 YLR 777
PLD 2012 SC 247
2013 CLC 1570
2014 CLC 499
Administration suit
2015 CLC 672
Suit for redemption of mortgage
2008 CLC 1102
2009 SCMR 191
PLD 2009 Pes 93
PLD 2011 Lah 1218
2014 MLD 1602
2014 CLC 1252
Suit for declaration
2011 SCMR 222
2015 MLD 1481
2015 MLD 191
2013 CLC 1246
2014 MLD 451
PLD 2014 SC 545
2012 CLC 1944
PLD 2013 SC 268
Suit for possession
2015 YLR 843
2004 SCMR 1502
PLD 2012 SC (AJ&K) 46
Limitation
Co sharer
2008 SCMR 905 limitation against co sharer
Limitation can not be waived
2006 SCMR 170
1999 SCMR 2266
2011 SCMR 222
Lis pendence
Transfer within the period of time of appeal
2014 CLC 1689
PLD 2006 LAH 223
Maxim
PLD 2011 SC 680
Mental health ordinance
Suit filed on behalf of unsound mind person
2006 YLR 2848
PLD 2006 LAH 654
NADRA
Adopted Child
P L D 2016 Lahore 393
PLD 2016 BAL 1
Negotiable instrument
Cheque
2014 CLC 1448
Oaths Act 1873
Procedure of oath during suit
1993 CLC 1552
2001 MLD 128
PLD 1990 SC 841
PLD 2015 LAH 348
Pardanasheen lady
2001 SCMR 1591
2004 SCMR 1259 Parda Nasheen Lady
PLD 2008 SC 140 Parda Nasheen Lady
Partition
Co sharer
Injunction
Granted
1993 SCMR 1463
PLD 1961 DACCA 259
1999 SCMR 2325 Co Sharer
Joint khata
1993 SCMR 1463
Jurisdiction of civil court
PLD 2016 PES 08
Limitation
1987 CLC 195
1994 CLC 247
2006 MLD 1496
AIR 1917 MADRAS 244
PLD 1994 SC 462
PLD 2014 LAH 417
Partial suit for partition
PLD 2009 SC 198
Private partition
2003 YLR 362 Not allowed
Permanent injunction
Section 54
Co sharer
1999 SCMR 2325
No stay in harassment
Title of property is in dispute
2005 SCMR 1872
1986 MLD 265
Pleadings
Mufassil court lawyers
2000 CLC 267
PLD 969 SC 565
Questions not raised in petition but argued by the counsel
2014 SCMR 1858
Question beyond the scope of pleading
PLD 2010 SC 965
Written statement
Defendants file separate written statement
2008 CLD 85
PLD 1977 SC 109
Polygamy
1992 MLD 93
2004 YLR 2242
PLD 1991 SC 1074
PLD 2003 SC 128
Possession
Adverse possession
1991 SCMR 2063
Power of attorney
Power of attorney to counsel
1987 CLC 813
1992 SCMR 1488
1995 CLC 1572
PLD 1969 KAR 123
PLD 1985 SC 341
PLD 1987 LAH 392
PLD 2008 KAR 342
PLD 2015 LAH 57
Pre-emption
Land mark judgments
PLD 2007 SC 302
PLD 2013 SC 171
Amendments of plaint
Allowed
PLD 2001 SC 518
Dis allowed
PLD 1978 SC 242
PLD 2007 SC 302
PLD 2013 SC 239
Date time and place
2014 CLC 1819
Exchange and sale proof
1981 CLC 527
2014 SCMR 1217
PLD 1961 PES 62
Jurisdictional value
2002 YLR 1592
Land having characteristic of urban property
2013 SCMR 913
PLD 2006 SC 594
Non disclosure of date of notice
2012 SCMR 911
2013 CLC 1488
2014 CLC 937
PLD 2008 SC 559
Postman
2007 SCMR 1105
2013 SCMR 866
2014 CLC 1425
PLD 2012 Lah 234
Urban immovable property
2015 MLD 976
Zar-e-some
1991 SCMR 487
1995 MLD 1011
1997 PLD 549 LAH
2000 CLC 808
2000 NLR CIVIL 220
2000 NLR CIVIL 422
2000 SCMR 650
PLD 1980 LAH 104
Presence by clerks of Advocates
PLD 2014 LAH 22
Principles
Action personal’s monitor cum
PLD 1967 KAR 755
1996 MLD 803
2015 CLC 834
Doctrine of sinker
PLJ 206 LAH 263
Locus poentenitia
PLD 2015 IS 165
CONTRA
2000 SCMR 907
2007 SCMR 318
2015 CLC 1579
Specs successionis
1986 CLC 2923
PLD 2015 ISL 65
Doctrine of sinker
PlJ 206 Lah 263
Actio personalis moritur cum persona
1996 MLD 803
2015 CLC 834
PLD 1967 kar 755
PT- 1
1993 CLC 1702
Public interest litigation
2003 SCMR 1756
2007 CLC 107
PLD 2009 217
Punjab local Govt Ordinance
Offences
2015 MLD 1745
Sealing of premises
2015 MLD 1745
Qanoon-e- Shahdat Order
Admissibility of documents
Photo copy
PLD 1993 SC 160
Admission art- 34
PLD 1975 SC 311
2013 CLC 1171
PLD 1992 Pesh 144
2016 CLC 3765
PLD 2015 472
PLD 2015 SC 187
2015 SCMR 21
2014 YLR 1964
2012 YLR 1797
2014 CLC 322
PLD 1971 SC 730
2013 MLD 1459
Art 79
Must be proved by two attesting witnesses
Contra
1997 SCMR 260
2015 SCMR 1044
PLD 2011 SC 241
One marginal produced
Suit dismissed
2014 CLC 1708
Scribe as marginal witness requirement
Scribe not to equated with original witness
2015 SCMR 1044
PLD 2011 SC 241
2014 CLC 1745
Art 129. E
2004 SCMR 964
2010 SCMR 583
Beneficiary of document
Burden to prove
2000 SCMR 1647
2009 XLR 414
Court witness
Documentary evidence
Exhibition and DE exhibition
2010 YLR 619
1971 PCr.LJ 609
I-D card
2011 SCMR 837
Private document tendering off
Registered documents
1993 SCMR 462
Secondary evidence
1986 MLD 1500
2004 YLR 1113
Written agreement excludes oral
1986 CLC 770
1988 SCMR 753
2001 CLC 1332
2002 YLR 2653
2003 YLR 1126
2005 MLD 646
PLD 2004 SC 860
2011 SCMR 837
Estoppel
PLD 2015 SC 212
Evidence discussion
PLD 2001 LAH 495
Evidence meaning of
PLD 1994 SC 501
Exhibition of documents
Photocopy
1996 SCMR 1329
Expert evidence
Evidentiary value
1971 PCR.LJ 918
2010 PCR.LJ 1832
2015 SCMR 284
How a document is proved
PLJ 2002 LAH 1982
Id card probative value of
1991 SCMR 840
2011 SCMR 837
Issues
1994 CLC 1280
Oral evidence
2000 MLD 1653
Pleadings
1991 CLC 1937
PLD 2010 SC 965
Separate written statements
Private documents
1990 MLD 1934
1994 SCMR 1945
1996 MLD 1819
2004 YLR 1841
PLD 1973 SC 160
PLD 1993 LAH 303
Public documents
Public documents
2002 CLC 518 C
Roznamcha of patwari
1999 YLR 1979
Re examination of witness
2005 SCMR 152
Report of FSL
2004 SCMR 1859
2013 CLC 1171
Requirement of two witness art. 79
2003 YLR 673
PLD 1996 SC 256
Right to cross examination
Cross examination on his own witness
1998 CLC 1148
Roznamcha
2003 YLR 1126
Secondary evidence
2000 MLD 1653
2004 YLR 1113
Standard to prove
Discrepancies in statements
Documents not produced in evidence
Question of fact alleged but not controverted
Registration ACT
Sec 27/A
1993 CLC 2073
1994 MLD 1864
AIR 1960 PATNA 470
AIR 1985 MADHA PARDHESH 12
NLR 1994 CIVIL 482
NLR 1995 CIVIL 209
PLD 1996 LAH 86
PLJ 1994 QUETTA 4 DB
Sec 47
2002 SCMR 1821
2011 SCMR 794
PLD 2003 SC 818
Sec 71
1993 CLC 2073
1994 MLD 1864
AIR 1985
MADHYA PARDESH 12
NLR 1995 CIVIL 209
PLJ 1994 QUETTA 4DB
Rehabilitation act 1956
Land once allotted can not be settled in compensation pool
2013 SCMR 1558
Rejection of Plaint
Preemption on point of court fee
1985 CLC 275
Rendition of accounts
Rent Restriction Ordinance
Co owner filing of petition
2002 SCMR 429
2014 CLC 1242
2014 YLR 161 RENT
Sec 08
2013 SCMR 1520
Fine is liable to be recovered in rent
PLD 2009 SC 71
Report of FSL
Restoration. Dismiss in default
When fixed for interlocutory application fixed for interim application
1992 SCMR 707
Once the suit is restored all orders become alive
Return of plaint
2011 SCMR 806 Banking Court
Review
2008 SCMR 554
2009 SCMR 394
PLD 2007 SC 121
Revision petition
Dismissed for non-prosecution
PLD 2000 SC 820
Sale
Sale to minor
2011 SCMR 837
Sale with consideration
2015 CLC 994
Section 91 & 92 CpC
Permission is not necessary
PLD 2016 SIND 26
2008 CLC 1411
2009 SCMR 574
2010 MLD 1714
Simplifier suit for possession
PLD 2013 LAH 513
Specific performance
Oral agreement to sell
Time when essence of
PLJ 2003 SC 309
Stamp Act
Stamp vendor
2012 PCR. LJ 255
Suit against dead defendant
2003 SCMR 464
Suit valuation ACT
Summons
TPA ACT
Transfer by ostensible owner
PLD 2013 LAH 517
Waiver
Withdrawal of suit
Extension of time after withdraw of first suit is not permissible
2014 CLC 1662
Firstly submitted then retracted
2005 CLC 1101
2013 CLC 1246
Limitation for filing fresh
2011 SCMR 345
Partition suit
PLD 2003 SC 818
2013 SCMR 464
Writ jurisdiction
Writ against the order of provisional court
2014 CLC 1581/1585
PLD 1996 LAH 672
PLD 2013 SC 255
7 rule 11
Dismissed
Agreement to sell declared forged by handwriting expert
2016 SCMR 192
Applicability in application U/s 12/2 CpC
2008 CLC 164
Partial or piecemeal rejection
PLD 2016 SINDH 426
Granted
12(2) CpC
Decree obtained without pleading party
2015 CLC 1428
Forum
1992 SCMR 241
PLD 2013 SC 478
PLD 2016 SC 358
PLD 2015 PESH 39.
Framing of issue
2015 SCMR 1708
2013 MLD 1309
2012 CLC 1621
2011 YLR 2614
2006 YLR 677.
2015 SCMR 1708
2013 MLD 1309
2012 CLC 1621
2011 YLR 2614
2006 YLR 677.
Time for filing application 12/2
2016 YLR 452
PLD 2015 LAH 220
2015 CLC 183
2008 CLC 164.
2016 YLR 452
PLD 2015 LAH 220
2015 CLC 183
2008 CLC 164.
Treating application under order IX
rule 13
2014 C L C 914
Contra
2014 SCMR 914
1987 SCMR 1440
17(3) CpC
1985 SCMR 585
2006 CLC 1680
2006 MLD 1577
2007 MLD 1072
2008 CLC 252
2008 SCMR 942
2008 SCMR 1335
fe after three days creating doubt as to recovery of blood-stained knife
from accused-2014 C L C 914
Contra
2014 SCMR 914
1987 SCMR 1440
17(3) CpC
1985 SCMR 585
2006 CLC 1680
2006 MLD 1577
2007 MLD 1072
2008 CLC 252
2008 SCMR 942
2008 SCMR 1335
SOME IMPORTANT CASE LAWS
REFERENCE
SHORT DESCRIPTION
SHORT DESCRIPTION
PLD 2015 SC 242
PLD 2015 SC 66
PLD 2015 SC 250
Filing of private complainant is no ground to grant bail in state case even the proceeding has been stopped in state case.
PLD 2015 SC 66
PLD 2015 SC 250
Filing of private complainant is no ground to grant bail in state case even the proceeding has been stopped in state case.
2015 SCMR 1077
Sentencing policy of Narcotics is not relevant at bail stage.
Sentencing policy of Narcotics is not relevant at bail stage.
2015 SCMR 735
If the quantity of Narcotics is more than one K.G but less the 10 k.G, punishment should be for a period of greater than seven years to anything less than fourteen years
If the quantity of Narcotics is more than one K.G but less the 10 k.G, punishment should be for a period of greater than seven years to anything less than fourteen years
2015 SCMR 56
If the accused is summoned to face trial in private complaint, court required to direct him to execute bound for his appearance.
If the accused is summoned to face trial in private complaint, court required to direct him to execute bound for his appearance.
2015 SCMR 423
No one should be convicted and sentenced to death on a capital charge merely if he plead guilty to the charge but some evidence must be recorded in support for conviction.
No one should be convicted and sentenced to death on a capital charge merely if he plead guilty to the charge but some evidence must be recorded in support for conviction.
2015 SCMR 1142
2015 P.Cr.R 99
Rule of consistency should be fallowed in final decision of the case in conviction or acquittal.
2015 P.Cr.R 99
Rule of consistency should be fallowed in final decision of the case in conviction or acquittal.
2015 SCMR 1570
Convict/accused should be surrendered for imprisonment before filing of appeal and suspension.
Convict/accused should be surrendered for imprisonment before filing of appeal and suspension.
PLD 2015 SC 15
Section 35 & 397 Cr.P.C conviction of several offences at one trial or different trial. How run?
Section 35 & 397 Cr.P.C conviction of several offences at one trial or different trial. How run?
PLD 2015 SC 41
Second bail application needs fresh ground if earlier was withdrawn after arguments at some length. (reliance PLD 2014 SC 241)
Second bail application needs fresh ground if earlier was withdrawn after arguments at some length. (reliance PLD 2014 SC 241)
PLD 2015 SC 145
Principle of falsus in uno falsus omnibus is not applicable in Pakistan
Principle of falsus in uno falsus omnibus is not applicable in Pakistan
PLD 2015 SC 77
Implementation of Qisas & Deyat in Murder case. (Detail judgment on section 299, 302,304,306,307,308.311 PPC)
Implementation of Qisas & Deyat in Murder case. (Detail judgment on section 299, 302,304,306,307,308.311 PPC)
PLD 2015 SC 50
PLD 2015 SC 145
Principle of expectancy of life in no ground to convert death sentence into life imprisonment if delay is caused in execution.
PLD 2015 SC 145
Principle of expectancy of life in no ground to convert death sentence into life imprisonment if delay is caused in execution.
PLD 2015 Lah 272(M)
Right of fair trial under Article 10-A of Constitution. Basic Ingredients.
Right of fair trial under Article 10-A of Constitution. Basic Ingredients.
PLD 2015 Lah 213
Exhumation without the consent of legal heirs/family is not allowed.
Exhumation without the consent of legal heirs/family is not allowed.
PLD 2015 Lah 93
Taking of cognizance is not commencement of trial, it commences when the charge framed.
Taking of cognizance is not commencement of trial, it commences when the charge framed.
PLD 2015 Lah 1
Appeal filed by the accused who had absconded after suspension of his sentence, could be decided on merits by the appellate court even in his absence.
Appeal filed by the accused who had absconded after suspension of his sentence, could be decided on merits by the appellate court even in his absence.
PLD 2015 Lah 426
Conviction could be based on the testimony of single witness even in murder case.
Conviction could be based on the testimony of single witness even in murder case.
PLD 2015 Lah 512
Section 544-A of Cr.P.C qualifying victim of rape or sodomy to entitle for compensation.
Section 544-A of Cr.P.C qualifying victim of rape or sodomy to entitle for compensation.
PLD 2015 Lah 84
Deletion or insertion of any offence falls within the exclusive domain of the investigation police agency and District Public Prosecutor.
Deletion or insertion of any offence falls within the exclusive domain of the investigation police agency and District Public Prosecutor.
PLD 2015 Lah 231
Information through SMS is validly accepted U/A 73 & 164 QSO.
Information through SMS is validly accepted U/A 73 & 164 QSO.
2015 P.Cr.R 1249
Deyat of prevailing year is applicable when the decision is passed.
Deyat of prevailing year is applicable when the decision is passed.
2015 P.Cr.R 721
There is no provision of law which required the sending the whole recovered narcotics for chemical analysis.
There is no provision of law which required the sending the whole recovered narcotics for chemical analysis.
PLD 2015 Isl 85 (e)
2015 P.Cr.R 230
Prosecution is not bound to produce all witnesses. Material and nature witnesses are sufficient.
2015 P.Cr.R 230
Prosecution is not bound to produce all witnesses. Material and nature witnesses are sufficient.
PLD 2015 Isl 85 (c)
Press clipping could be considered and looked into as corroborated material in the presence of some other direct impeachable and confidence inspiring evidence but their own strength, press clipping were not enough to prove the existence of certain fact.
Press clipping could be considered and looked into as corroborated material in the presence of some other direct impeachable and confidence inspiring evidence but their own strength, press clipping were not enough to prove the existence of certain fact.
"Very important citations on
dismissal of a suit for specific performance"
Few Grounds for dismissal of a suit for specific performance
1. Handwriting expert reported that signature are forged. (2012 CLC 1699)
2. Two attested witnesses were not produced. (2006 CLC 571)
3. Agreement was written by unlicensed person. (2006 CLC 571)
4. Stamp paper was not issued by stamp vendor . (2012 MLD 535)
5. Dates of purchasing stamp paper and endorsement were different. (2011 YLR 404)
6. Purchaser of stamp paper was not produced as witness. (2011 MLD 404)
7. Stamp paper was issued on one date in favour of an unknown person and was executed on another date. (PLD 2008 Queta 01)
8. Payment of whole consideration was paid before execution. (2006 YLR 2446)
9. Scribe was not a registered Waseeqa Navees. (2006 CLC 1444)
10. Register of scribe belongs to another person wherein various pages and serial number were missing. (2006 CLC 1444)
11. Contradiction as to vanue where bargain took place. (2006 CLC 1444)
12. Contradiction as to person who obtained stamp paper. (2006 CLC 1444)
13. Plaintiff failed to produce bank record as to payment of half money. 2006 MLD 886
14. Date, Time, Month and Place of transaction was not given in pleading or evidence. (2005 YLR 2655)
15. Number of N.I.C was different from number on agreement. (2002 CLC 942)
16. Land was situated at a place whereas stamp paper was purchased from another place. (2002 CLC 942)
17. Neither vendor of stamp paper nor scribe was produced. (2001 YLR 2145)
18. Agreement was scribed on plain paper and was written by unlicensed petition-writer whereas both were available as nearby place. ( 1996 MLD 562)
19. Stamp paper was purchased at one date and executed after one week, stamp paper neither showed name of stamp vendor nor the place from where it was purchased. (1992 CLC 2193)
20. Failure to deposit balance amount. (PLD 2002 Lah 88, 2012 CLC 1392)
21. Two marginal witnesses were not produced. (2013 YLR 903, 2009 SCMR 740)
22. Payment of consideration not proved.(2006 YLR 1039 )
23. Document was not put before witness. (2006 MLD 1622)
24. One witness was not produced without any reason/ explanation. (2006 MLD 1622)
25. Scribe admitted that alleged promisor was not present at the time of execution neither he signed before him. (2006 MLD 1622)
26. Claim of plaintiff valuing 25 lac was based on a document which was not registered. (2011 CLC 309)
27. Agreement was signed twice. (2011 CLC 309)
28. Original agreement to sell not produced…loss of agreement not pleaded….no attempt was made to produce secondary evidence…plaintiff was not confronted with…Executant defendant was not identified by anyone. (2005 YLR 463)
29. National Identity Card number was not written. (2005 YLR 3163)
30. Lost of original document not proved. (1995 SCMR 1237)
31. It is doubtful that plaintiff paid whole consideration but did not insist for registered sale deed in his favour. (2006 YLR 2779)
Few Grounds for dismissal of a suit for specific performance
1. Handwriting expert reported that signature are forged. (2012 CLC 1699)
2. Two attested witnesses were not produced. (2006 CLC 571)
3. Agreement was written by unlicensed person. (2006 CLC 571)
4. Stamp paper was not issued by stamp vendor . (2012 MLD 535)
5. Dates of purchasing stamp paper and endorsement were different. (2011 YLR 404)
6. Purchaser of stamp paper was not produced as witness. (2011 MLD 404)
7. Stamp paper was issued on one date in favour of an unknown person and was executed on another date. (PLD 2008 Queta 01)
8. Payment of whole consideration was paid before execution. (2006 YLR 2446)
9. Scribe was not a registered Waseeqa Navees. (2006 CLC 1444)
10. Register of scribe belongs to another person wherein various pages and serial number were missing. (2006 CLC 1444)
11. Contradiction as to vanue where bargain took place. (2006 CLC 1444)
12. Contradiction as to person who obtained stamp paper. (2006 CLC 1444)
13. Plaintiff failed to produce bank record as to payment of half money. 2006 MLD 886
14. Date, Time, Month and Place of transaction was not given in pleading or evidence. (2005 YLR 2655)
15. Number of N.I.C was different from number on agreement. (2002 CLC 942)
16. Land was situated at a place whereas stamp paper was purchased from another place. (2002 CLC 942)
17. Neither vendor of stamp paper nor scribe was produced. (2001 YLR 2145)
18. Agreement was scribed on plain paper and was written by unlicensed petition-writer whereas both were available as nearby place. ( 1996 MLD 562)
19. Stamp paper was purchased at one date and executed after one week, stamp paper neither showed name of stamp vendor nor the place from where it was purchased. (1992 CLC 2193)
20. Failure to deposit balance amount. (PLD 2002 Lah 88, 2012 CLC 1392)
21. Two marginal witnesses were not produced. (2013 YLR 903, 2009 SCMR 740)
22. Payment of consideration not proved.(2006 YLR 1039 )
23. Document was not put before witness. (2006 MLD 1622)
24. One witness was not produced without any reason/ explanation. (2006 MLD 1622)
25. Scribe admitted that alleged promisor was not present at the time of execution neither he signed before him. (2006 MLD 1622)
26. Claim of plaintiff valuing 25 lac was based on a document which was not registered. (2011 CLC 309)
27. Agreement was signed twice. (2011 CLC 309)
28. Original agreement to sell not produced…loss of agreement not pleaded….no attempt was made to produce secondary evidence…plaintiff was not confronted with…Executant defendant was not identified by anyone. (2005 YLR 463)
29. National Identity Card number was not written. (2005 YLR 3163)
30. Lost of original document not proved. (1995 SCMR 1237)
31. It is doubtful that plaintiff paid whole consideration but did not insist for registered sale deed in his favour. (2006 YLR 2779)
998 CLC 61.Lahore
J.Faqir Muhammad Khokhar
Appeal against grant of injunction .
Any order of granting or refusing injunction ,ad interim or otherwise , would be covered by O.XXXIX.r.1&2 cpc and thus , appealable in terms of O.XLIII,R1 (r)& S.104,CPC
J.Faqir Muhammad Khokhar
Appeal against grant of injunction .
Any order of granting or refusing injunction ,ad interim or otherwise , would be covered by O.XXXIX.r.1&2 cpc and thus , appealable in terms of O.XLIII,R1 (r)& S.104,CPC
If recovered norcotics is in shape
of pieces then separate samples should be drawn from each piece and separate
report of Chemical examiner should be obtained regarding each piece.
PLD 2012
SC 380
(LARGER BENCH)
2016 SCMR 909
2016 SCMR 806
2016 SCMR 707
2015 SCMR 735
PLJ 2015 SC 566
2015 SCMR 308
2015 SCMR 291
2015 SCMR 279
2015 PSC CRL 3
2014 SCMR 1603
2014 PSC CRL 826
2013 SCMR 302
2012 PSC CRL 130
2010 SCMR 1162
2009 SCMR 579
2008 SCMR 991
2007 SCMR 1437
2006 SCMR 1051
2006 SCMR 1378
PLD 2004 SC 85610 May ·
(LARGER BENCH)
2016 SCMR 909
2016 SCMR 806
2016 SCMR 707
2015 SCMR 735
PLJ 2015 SC 566
2015 SCMR 308
2015 SCMR 291
2015 SCMR 279
2015 PSC CRL 3
2014 SCMR 1603
2014 PSC CRL 826
2013 SCMR 302
2012 PSC CRL 130
2010 SCMR 1162
2009 SCMR 579
2008 SCMR 991
2007 SCMR 1437
2006 SCMR 1051
2006 SCMR 1378
PLD 2004 SC 85610 May ·
1. Public
prosecutor has power to decide the Applicability of the offences in a case PLD
2009 LHR 135.
2. Direction of DPG to challan the accused, approved PLD 2009 LHR 218
by PG, police cannot ignore such direction.
3. Prosecutor can not change the jurisdiction of a 2008 P Cr.L J 805
court, it is ATA court to decide.
4. Change of charging section of penal code, power of 2010 YLR 470 (Kar)
District public prosecutor
5. Opinion of DDPP, not binding on the Magistrate 2009 YLR 1364 (Kar).
6. Accused in column No.2 of challan was placed in 2008 YLR 1462
column-3 on the direction of DPP, not warranted.
7. Giving up the prosecution witness/ complainant, 2010 P Cr.L J 151
power of prosecutor .
8. Under Islamic system of dispensation of justice, 2006 P Cr.LJ 364 (FSC)
Public Prosecutor had no right to withhold any prosecution evidence from the Court.
9. Only prosecutor has power to give up witness in 2004 P Cr.LJ 1353
case instituted upon police report.
10. Delayed production of documents through public 2012 P Cr.LJ 73
prosecutor was allowed by the court.
11. Three pillars of Criminal Justice system; 2010 P Cr.LJ 182.
investigation, prosecution and trial
12. Powers of prosecutor to choose the witnesses 1981 SCMR 294
13. Measures to be resorted before closing of PLD 2011 LHR 551
prosecution evidence
14. Interim challan could be completed subsequently PLD 2009 Lahore 101
15. Report U/S 173 Cr.P.C is a documentary evidence 2007 YLR 779
16. Prosecutors on contract were terminated by High 2010 PLC (C.S.) 1
Court
17. Supreme Court Upheld decision of High Court PLD 2010 SC 841
regarding fate of prosecutors on contract job.
18. Prosecutor would forward the application U/S 540 2011 YLR 2058
Cr.P.C.
19. Police shall comply with the direction of prosecutor 2012 P Cr.LJ 1823 at every cost
20. Local scrutiny by legal branch of police is not PLD 1990 LHR 249
binding on the district prosecution, who has the final say in the matter.
21. If wrong provision of law is mentioned in challan 2001 YLR 263
District prosecutor is competent to change the section.
22. Director General of Prosecution can issue PLD 2008 Peshawar 28
necessary guidelines to police and can also inspect scrutinize and supervise the whole investigation process of the case.
23. Guide lines for use of powers by prosecutors U/S 10 2008 P Cr.LJ 470
& 12 of Prosecution Act in dacoity cases/ ID parade.
24. Police has no authority to amend the charge without 1991 P Cr.LJ 723
sanction from prosecution Agency
25. Police requesting the court for handing over of 2003 MLD 1753
accused without placing any challan would amount to contempt of court
26. Summoning witness by the court at bail stage; Role 2007 P Cr.LJ 749
of p5 April ·
2. Direction of DPG to challan the accused, approved PLD 2009 LHR 218
by PG, police cannot ignore such direction.
3. Prosecutor can not change the jurisdiction of a 2008 P Cr.L J 805
court, it is ATA court to decide.
4. Change of charging section of penal code, power of 2010 YLR 470 (Kar)
District public prosecutor
5. Opinion of DDPP, not binding on the Magistrate 2009 YLR 1364 (Kar).
6. Accused in column No.2 of challan was placed in 2008 YLR 1462
column-3 on the direction of DPP, not warranted.
7. Giving up the prosecution witness/ complainant, 2010 P Cr.L J 151
power of prosecutor .
8. Under Islamic system of dispensation of justice, 2006 P Cr.LJ 364 (FSC)
Public Prosecutor had no right to withhold any prosecution evidence from the Court.
9. Only prosecutor has power to give up witness in 2004 P Cr.LJ 1353
case instituted upon police report.
10. Delayed production of documents through public 2012 P Cr.LJ 73
prosecutor was allowed by the court.
11. Three pillars of Criminal Justice system; 2010 P Cr.LJ 182.
investigation, prosecution and trial
12. Powers of prosecutor to choose the witnesses 1981 SCMR 294
13. Measures to be resorted before closing of PLD 2011 LHR 551
prosecution evidence
14. Interim challan could be completed subsequently PLD 2009 Lahore 101
15. Report U/S 173 Cr.P.C is a documentary evidence 2007 YLR 779
16. Prosecutors on contract were terminated by High 2010 PLC (C.S.) 1
Court
17. Supreme Court Upheld decision of High Court PLD 2010 SC 841
regarding fate of prosecutors on contract job.
18. Prosecutor would forward the application U/S 540 2011 YLR 2058
Cr.P.C.
19. Police shall comply with the direction of prosecutor 2012 P Cr.LJ 1823 at every cost
20. Local scrutiny by legal branch of police is not PLD 1990 LHR 249
binding on the district prosecution, who has the final say in the matter.
21. If wrong provision of law is mentioned in challan 2001 YLR 263
District prosecutor is competent to change the section.
22. Director General of Prosecution can issue PLD 2008 Peshawar 28
necessary guidelines to police and can also inspect scrutinize and supervise the whole investigation process of the case.
23. Guide lines for use of powers by prosecutors U/S 10 2008 P Cr.LJ 470
& 12 of Prosecution Act in dacoity cases/ ID parade.
24. Police has no authority to amend the charge without 1991 P Cr.LJ 723
sanction from prosecution Agency
25. Police requesting the court for handing over of 2003 MLD 1753
accused without placing any challan would amount to contempt of court
26. Summoning witness by the court at bail stage; Role 2007 P Cr.LJ 749
of p5 April ·
Few Grounds for dismissal of a suit
for specific performance
1. Handwriting expert reported that signature are forged. (2012 CLC 1699)
2. Two attested witnesses were not produced. (2006 CLC 571)
3. Agreement was written by unlicensed person. (2006 CLC 571)
4. Stamp paper was not issued by stamp vendor . (2012 MLD 535)
5. Dates of purchasing stamp paper and endorsement were different. (2011 YLR 404)
6. Purchaser of stamp paper was not produced as witness. (2011 MLD 404)
7. Stamp paper was issued on one date in favour of an unknown person and was executed on another date. (PLD 2008 Queta 01)
8. Payment of whole consideration was paid before execution. (2006 YLR 2446)
9. Scribe was not a registered Waseeqa Navees. (2006 CLC 1444)
10. Register of scribe belongs to another person wherein various pages and serial number were missing. (2006 CLC 1444)
11. Contradiction as to vanue where bargain took place. (2006 CLC 1444)
12. Contradiction as to person who obtained stamp paper. (2006 CLC 1444)
13. Plaintiff failed to produce bank record as to payment of half money. 2006 MLD 886
14. Date, Time, Month and Place of transaction was not given in pleading or evidence. (2005 YLR 2655)
15. Number of N.I.C was different from number on agreement. (2002 CLC 942)
16. Land was situated at a place whereas stamp paper was purchased from another place. (2002 CLC 942)
17. Neither vendor of stamp paper nor scribe was produced. (2001 YLR 2145)
18. Agreement was scribed on plain paper and was written by unlicensed petition-writer whereas both were available as nearby place. ( 1996 MLD 562)
19. Stamp paper was purchased at one date and executed after one week, stamp paper neither showed name of stamp vendor nor the place from where it was purchased. (1992 CLC 2193)
20. Failure to deposit balance amount. (PLD 2002 Lah 88, 2012 CLC 1392)
21. Two marginal witnesses were not produced. (2013 YLR 903, 2009 SCMR 740)
22. Payment of consideration not proved.(2006 YLR 1039 )
23. Document was not put before witness. (2006 MLD 1622)
24. One witness was not produced without any reason/ explanation. (2006 MLD 1622)
25. Scribe admitted that alleged promisor was not present at the time of execution neither he signed before him. (2006 MLD 1622)
26. Claim of plaintiff valuing 25 lac was based on a document which was not registered. (2011 CLC 309)
27. Agreement was signed twice. (2011 CLC 309)
28. Original agreement to sell not produced…loss of agreement not pleaded….no attempt was made to produce secondary evidence…plaintiff was not confronted with…Executant defendant was not identified by anyone. (2005 YLR 463)
29. National Identity Card number was not written. (2005 YLR 3163)
30. Lost of original document not proved. (1995 SCMR 1237)
31. It is doubtful that plaintiff paid whole consideration but did not insist for registered sale deed in his favour. (2006 YLR 2779)
1. Handwriting expert reported that signature are forged. (2012 CLC 1699)
2. Two attested witnesses were not produced. (2006 CLC 571)
3. Agreement was written by unlicensed person. (2006 CLC 571)
4. Stamp paper was not issued by stamp vendor . (2012 MLD 535)
5. Dates of purchasing stamp paper and endorsement were different. (2011 YLR 404)
6. Purchaser of stamp paper was not produced as witness. (2011 MLD 404)
7. Stamp paper was issued on one date in favour of an unknown person and was executed on another date. (PLD 2008 Queta 01)
8. Payment of whole consideration was paid before execution. (2006 YLR 2446)
9. Scribe was not a registered Waseeqa Navees. (2006 CLC 1444)
10. Register of scribe belongs to another person wherein various pages and serial number were missing. (2006 CLC 1444)
11. Contradiction as to vanue where bargain took place. (2006 CLC 1444)
12. Contradiction as to person who obtained stamp paper. (2006 CLC 1444)
13. Plaintiff failed to produce bank record as to payment of half money. 2006 MLD 886
14. Date, Time, Month and Place of transaction was not given in pleading or evidence. (2005 YLR 2655)
15. Number of N.I.C was different from number on agreement. (2002 CLC 942)
16. Land was situated at a place whereas stamp paper was purchased from another place. (2002 CLC 942)
17. Neither vendor of stamp paper nor scribe was produced. (2001 YLR 2145)
18. Agreement was scribed on plain paper and was written by unlicensed petition-writer whereas both were available as nearby place. ( 1996 MLD 562)
19. Stamp paper was purchased at one date and executed after one week, stamp paper neither showed name of stamp vendor nor the place from where it was purchased. (1992 CLC 2193)
20. Failure to deposit balance amount. (PLD 2002 Lah 88, 2012 CLC 1392)
21. Two marginal witnesses were not produced. (2013 YLR 903, 2009 SCMR 740)
22. Payment of consideration not proved.(2006 YLR 1039 )
23. Document was not put before witness. (2006 MLD 1622)
24. One witness was not produced without any reason/ explanation. (2006 MLD 1622)
25. Scribe admitted that alleged promisor was not present at the time of execution neither he signed before him. (2006 MLD 1622)
26. Claim of plaintiff valuing 25 lac was based on a document which was not registered. (2011 CLC 309)
27. Agreement was signed twice. (2011 CLC 309)
28. Original agreement to sell not produced…loss of agreement not pleaded….no attempt was made to produce secondary evidence…plaintiff was not confronted with…Executant defendant was not identified by anyone. (2005 YLR 463)
29. National Identity Card number was not written. (2005 YLR 3163)
30. Lost of original document not proved. (1995 SCMR 1237)
31. It is doubtful that plaintiff paid whole consideration but did not insist for registered sale deed in his favour. (2006 YLR 2779)
rosecutor defined.
There is no concept of suit for malicious prosecution for
damages when the accused is acquited by extending the benefit of doubt by the
criminal court . the rational behind the same is also stated that you can
acquit hundered guilty but can not convict one innocent person. same principle
has also been given much credence in islamic jurisprudence.
2012 MLD 05
2007 MLD 1657
Mere dismissal of criminal case u/s 249-A CrPC would nt by itself sufficient to claim damages from defendant.
PLD 2003 AJK 01
2012 MLD 05
2007 MLD 1657
Mere dismissal of criminal case u/s 249-A CrPC would nt by itself sufficient to claim damages from defendant.
PLD 2003 AJK 01
1. PLD 2001 S C 228
2. PLD 1983 S C 385
3. 1986 SCMR 1493
4. PLD 1991 S C 957.
If the complainant of crime is also investigating officer then in such case eventuality the factor of bias can not be ruled out
1. MLD 2014 723
2. PLD 1997 S C 108
3. 2009 PcrLJ 1334.
When accused is discharged by the order of magistrate then
police can not arrest the accused person of the same offence without the
permission of Magistrate
1. PLD 2001 Lahore Page 271
2. PcrLJ 1994 Page 1806
3. PcrLJ 1985 Page 224
4. PcrLJ 1989 Page 2241
1. PLD 2001 Lahore Page 271
2. PcrLJ 1994 Page 1806
3. PcrLJ 1985 Page 224
4. PcrLJ 1989 Page 2241
Muhammad Imran Qureshi
If recovered norcotics is in shape of pieces then separate samples should be drawn from each piece and separate report of Chemical examiner should be obtained regarding each piece.PLD 2012 SC 380
(LARGER BENCH)
2016 SCMR 909
2016 SCMR 806
2016 SCMR 707
2015 SCMR 735
PLJ 2015 SC 566
2015 SCMR 308
2015 SCMR 291
2015 SCMR 279
2015 PSC CRL 3
2014 SCMR 1603
2014 PSC CRL 826
2013 SCMR 302
2012 PSC CRL 130
2010 SCMR 1162
2009 SCMR 579
2008 SCMR 991
2007 SCMR 1437
2006 SCMR 1051
2006 SCMR 1378
PLD 2004 SC 856
PLD 2012 LAH 243
Marriage of a Muslim girl below the age of 16 years,who has otherwise attained puberty and is also a consenting party to the marriage is valid for all intents and purposes.Performance of conjugal rights by the spouses,even though the girl may be below the age of 16 years but has attained puberty and is consenting party to such marriage,cannot be termed as unlawful sexual intercourse so as to attract Sec.375(v) PPC in order to initiate proceedings against them U/S 376 PPC
Marriage of a Muslim girl below the age of 16 years,who has otherwise attained puberty and is also a consenting party to the marriage is valid for all intents and purposes.Performance of conjugal rights by the spouses,even though the girl may be below the age of 16 years but has attained puberty and is consenting party to such marriage,cannot be termed as unlawful sexual intercourse so as to attract Sec.375(v) PPC in order to initiate proceedings against them U/S 376 PPC
gift deed to wife r ward, the delivery of possession in
prohibited decrees is not necessary or non delivery of possession iz immaterial
2004 scmr 1701
2004 scmr 1701
""CO-SHARER IN EXCLUSIVE POSSESSION OF JOINT PORTION OF PROPERTY FOR A LONG PERIOD COULD NOT BE DISPOSSESSED BY ANOTHER CO-SHARER EXCEPT BY FILING A SUIT
Informer of Pre-emption must be
produced.
2014 M.L.D P-891
2013 Y.L.R P-2555
2012 Y.L.R P-2348
2012 C.L.C.P-1497
2012 P.L.D Lah P-1
2011 C.L.C P-912
2011 M.L.D P-695
2011 M.L.D P-255
2010 Y.L.R P-294
2014 M.L.D P-891
2013 Y.L.R P-2555
2012 Y.L.R P-2348
2012 C.L.C.P-1497
2012 P.L.D Lah P-1
2011 C.L.C P-912
2011 M.L.D P-695
2011 M.L.D P-255
2010 Y.L.R P-294
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