SCMR.2012.773.)
"" NON SUPPLY OF ELECTRICITY TO THE CITIZEN REGULARLY, IS TANTAMOUNT TO DEPRIVING THEM OF ONE OF THE ESSENTIALS OF THE LIFE INCLUDING THE SECURITY OF ECONOMIC ACTIVITIES, WHICH ARE RELATABLE TO THEIR FUNDAMENTAL RIGHTS PROTECTED UNDER ART. 9 AND 14 OF THE CONSTITUTION.
2016 SCMR 1195
Under shia law childless Lady is not entitled for inheritance share of his deceased husband from immovable property, but she is entitled for inheritance of moveable property including trees and buildings on the immovable property
(2003.CLC.17.Under shia law childless Lady is not entitled for inheritance share of his deceased husband from immovable property, but she is entitled for inheritance of moveable property including trees and buildings on the immovable property
VEHICLE DISPUTE...
""CIVIL COURT IS COMPETENT TO DECIDE DISPUTE RELATING TO VEHICLE AND ANY DECISION RENDERED BY THE COURT WOULD BE BINDING IN VEHICLE REGISTRATION AUTHORITY"
(2016.CLC.SINDH.1790)
SECTION.151.INHERENT POWER..
""CIVIL COURT WAS NOT SUPPORTED TO RESORT TO THE INHERENT POWERS IN PRESENCE OF A SPECIFIC PROVISION AVAILABLE IN CPC TO DEAL WITH A PARTICULAR SITUATION
(2016.CLC.SINDH.NOTE...140..161...)
""ORDER.. VII- RULE..
10..C.P.C.
RETURN OF PLAINT..EFFECT..
""MERE RETURN OF PLAINT NEITHER MEANS DISMISSAL OF SUIT NOR AMOUNTS TO DECIDING ISSUES ON MERITS""
RETURN OF PLAINT..EFFECT..
""MERE RETURN OF PLAINT NEITHER MEANS DISMISSAL OF SUIT NOR AMOUNTS TO DECIDING ISSUES ON MERITS""
SCMR.2012.212 (a)
...ORDER .. XIV, R.1. & ORDER. XX, RULE. 5..CPC..
CONSTITUTION OF PAKISTAN, ART .185 (3)..SUIT FOR RECOVERY OF MONEY ON BASIS OF RECEIPT...DEFENDANT,S DENIAL TO HAVE EXECUTED DISPUTED RECEIPT...SUIT WAS DECREE TILL HIGH COURT RESPECTIVELY, DEFENDANT RAISED NEW PLEA IN LEAVE TO APPEAL BUT SUPREME COURT DID NOT GRANT LEAVE AND HOLD THEREIN NO NEW GROUND CAN BE GOT AT THIS STAGE...LEAVE REFUSED.
S.489-F-PPC. Cheque issued as a security. Recovery of amount could not be
effected in criminal proceedings....ORDER .. XIV, R.1. & ORDER. XX, RULE. 5..CPC..
CONSTITUTION OF PAKISTAN, ART .185 (3)..SUIT FOR RECOVERY OF MONEY ON BASIS OF RECEIPT...DEFENDANT,S DENIAL TO HAVE EXECUTED DISPUTED RECEIPT...SUIT WAS DECREE TILL HIGH COURT RESPECTIVELY, DEFENDANT RAISED NEW PLEA IN LEAVE TO APPEAL BUT SUPREME COURT DID NOT GRANT LEAVE AND HOLD THEREIN NO NEW GROUND CAN BE GOT AT THIS STAGE...LEAVE REFUSED.
Before arrest bail was confirmed.
2016 P.cr.l.j 769 Lhr.
(2016.crlj.129)
ABSCONDENCE...
""Abscondance of accused after committing murder would not be sucficient for convicting him under section.302. (B) ppc, it is however , a strong piece of corroborative evidence
ABSCONDENCE...
""Abscondance of accused after committing murder would not be sucficient for convicting him under section.302. (B) ppc, it is however , a strong piece of corroborative evidence
(SCMR.2016.189)
ARTICLE..212 (3) OF CONSTITUTION...
CIVIL SERVICE..DISMISSAL FROM SERVICE..RESPONDENT WAS CONSTABLE IN POLICE DEPARTMENT..HOWEVER THEIR OPPOINTMENT LETTER WAS NEITHER SENT TO HIM..THROUGH POST..NOT VERBALLY AND OTHER MODE CONVEYED BY APPOINTING AUTHORITY, HE COLLECTED SUCH LETTER WITH HIS OWN STRUGGLE FROM DEPARTMENT AND IMMEDIATELY JOINED SERVICE ,DISMISSAL FROM SERVICE,BUT SUPREME COURT REINSTATED THE SAID PERSON ON SERVICE
ARTICLE..212 (3) OF CONSTITUTION...
CIVIL SERVICE..DISMISSAL FROM SERVICE..RESPONDENT WAS CONSTABLE IN POLICE DEPARTMENT..HOWEVER THEIR OPPOINTMENT LETTER WAS NEITHER SENT TO HIM..THROUGH POST..NOT VERBALLY AND OTHER MODE CONVEYED BY APPOINTING AUTHORITY, HE COLLECTED SUCH LETTER WITH HIS OWN STRUGGLE FROM DEPARTMENT AND IMMEDIATELY JOINED SERVICE ,DISMISSAL FROM SERVICE,BUT SUPREME COURT REINSTATED THE SAID PERSON ON SERVICE
(2009.MLD. 1373)
""SETTLEMENT AUTHORITY IS
FULLY COMPETENT TO EFCECT PARTITION OF SUCH PROPERTY HORIZONTALLY"
2010.CLC. 380)..NOMONEE IN INSURANCE POLICY..
""NOMINEE IN AN INSURANCE POLICY IS A TRUSTEE OF SUCH AMOUNT HE CANNOT APPROPRIATE SAME FOR HIS OWN USE/BENEFIT BUT WOULD BE BOUND TO DISTRIBUTE SAME AMONG LEGAL HEIRS AS PER THEIR ENTITLEMENT UNDER SHARIAH"
(2016.pcrlj.Lahore.1189)
QUESTION OF LIMITATION COULD NOT BE
CONSIDERED AS A TECHNICALITY""
(2016.MLD. SINDH.70)""THING SHOULD BE DONE AS DEMANDED BY THE PROCEDURE AND NOT OTHERWISE"
(SCMR.2016.1417)
..ISLAMICLAW.INHERITENCE..
...EFFLUX OF TIME DID NOT EXTINGUISH THE RIGHT OF INHERITANCE
(SCMR.2016.2046)
SECTION..497.CRPC.BAIL.SCOPE..
""CONCESSION OF BAIL OUGHT
NOT TO BE WITHHELD BY WAY OF PREMATURE PUNISHMENT
(2015.SCMR.456)
RULE..12.A.CIVIL SERVANT..
DATE OF BIRTH.ALTERATION IN.SCOPE..
""Civil servant could not
seek alteration in his date of birth at the verge of his retirment""
(PLD.2016.SC.951.)""SECTION 161,CRPC..
""SUpplementary statement recorded by prosecution witness after more than a month of the occurrence...
Such statement has no legal value and was inadmissible in evidence and could not be used to contradict the contents of the FIR.. Supplementry statement recorded subsequently to the FIR could be viewed as improvements made to the witness, statement
(2007.SCMR.497)
GENERALLY TRUTH AND CORRECTNESS IS ATTACHED WITH THE 30 YEARS OLD DOCUMENT , NO NEED TO PROVE ITS CONTENTS THROUGH MARGINAL WITNESSE
(PLD.1992.SC.180)
""ISSUE CAN BE FRAMED AT ANY STAGE,PRIOR TO ANNOUNCEMENT OF GUDJMENT""
(PLD.2004.SC.141)
""IF DEFENDANT PARTY NOT PRESENT IN THE COURT , THE COURT SHALL PASS AN EX-PARTE JUDGMENT AND DECREE
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