(2000.MLD.1155)
""DISMISSAL OF SUIT WITHOUT RECORDING EVIDENCE IS ILLEGAL"
(2010.SCMR.984)
""Courts have power to grant an affective and ancillary relief even if not prayed for ,if other party entitled for such kind of relief""
(2016.MLD. Lahore.1774)
""In the absence of father of the minor , mother was the natural guardian of the minor , as she could better look after her minor especially daughter , she could not be deprived of the custody of minor merely on the ground that she did not have sufficient source of income
2016.MLD.LAHORE.1674)
INHERITENCE ..
""WHEN MUSLIM OWNER DIED HIS SUCCESSION WOULD OPEN AND DEVOLVE UPON THE LEGAL HEIRS AS PER ISLAMIC SHARE""
(2016.MLD.LAH.1793)
SECTION..163..LAND REVENUE ACT..1967..REVIEW..LIMITATION..
""NINETY DAYS PERIOD HAD BEEN PROVIDED FOR FILING REVIEW PETITION BEFORE THE REVENUE OFFICER"
(2016.C.L.C.LAH. 81)SECTION..163..LAND REVENUE ACT..1967..REVIEW..LIMITATION..
""NINETY DAYS PERIOD HAD BEEN PROVIDED FOR FILING REVIEW PETITION BEFORE THE REVENUE OFFICER"
Death of principal..effect..
""General power of attorney stands automatically terminated with the death of principa
2015.pcrlj.193)
DISHONOUR OF CHEAUE..SECTION.497 (2)..CRPC...
...REGISTRATION OF MANY CASES AGAINST THE ACCUSED WOULD BE NO GROUND TO REFUSE HIM BAIL,HIGH COURT ACCEPTED BAIL OF ACCUSED
DISHONOUR OF CHEAUE..SECTION.497 (2)..CRPC...
...REGISTRATION OF MANY CASES AGAINST THE ACCUSED WOULD BE NO GROUND TO REFUSE HIM BAIL,HIGH COURT ACCEPTED BAIL OF ACCUSED
2015.PLJ.CR.C.PESH.504)
(BAIL ON COMPROMISE IN RAPE CASES)
""That accused committed rape with minor girl , and applied for his bail , the Court of law can not grant bail to accused in such like society offence, save the honour and dignity of citizens are also fundamental duty of the Court ,bail of accused was cancelled"
(BAIL ON COMPROMISE IN RAPE CASES)
""That accused committed rape with minor girl , and applied for his bail , the Court of law can not grant bail to accused in such like society offence, save the honour and dignity of citizens are also fundamental duty of the Court ,bail of accused was cancelled"
(PLD.2001.Supreme Court.213)..SECTION.10&42..S.R.A..1877...
SUIT OF POSSESSION..
""Suit for possession is not maintainable without seeking declaration in respect of title""
2016.YLR.pesh.89)SUIT OF POSSESSION..
""Suit for possession is not maintainable without seeking declaration in respect of title""
ORDER..XXIII..R.3..SECTION..11....
""Bar to file fresh suit..Consent decree..effect..compromise decree..or order is a contract between parties to suit and it breach will give cause of action to them to approch the court to seek remedy available to aggrieved parties is to file either review or fresh suit
(2016.C.L.C.LAH.95)
PUNJAB HEALTH CARE.ACT...
Section..13..Unregistered Health care service provider,Status of.....
""Any person who did not fulfil criteria given under section.13. Of Punjab health care service Act.2010.would fall within definition of "quack"and were liable to be prosecuted"
(2016.C.L.C.LAH.114
""Suit for declaration was not maintainable on the basis of agreement to sell."
(2011.SCMR.232)
""NO ONE CAN BE A JUDGE OF HIS OWN CAUSE""
""NO ONE CAN BE A JUDGE OF HIS OWN CAUSE""
(PLD.2016.LAH .570.)
""That document produced by the defence witness, depicted electronically generated evidence, which in term of art.73 of Qanon-e-Shahdat 1984.could be considered primary evidence"
""That document produced by the defence witness, depicted electronically generated evidence, which in term of art.73 of Qanon-e-Shahdat 1984.could be considered primary evidence"
ORAL GIFT...SCOPE..
""ORAL GIFT WAS PERMISSIBLE BUT SAME WAS REQUIRED TO BE PROVED BY PRODUCTION OF PERSUASIVE AND TRUSTWORTY EVIDENCE""
(PLJ.2008.LAH.165)
""ORDER.7 RULE.11 CPC IS NOT APPLICABLE ON FAMILY MATTERS/DISPUTES.
""ORDER.7 RULE.11 CPC IS NOT APPLICABLE ON FAMILY MATTERS/DISPUTES.
(2009.MLD.1427)
""DURING PENDENCY OF EXECUTION PETITION RELATED TO MAINTENANCE ALLOWANCE PETITION FOR ENHANCEMENT OF MAINTENANCE ALLOWANCE CAN BE FILED IN FAMILY COURT
""DURING PENDENCY OF EXECUTION PETITION RELATED TO MAINTENANCE ALLOWANCE PETITION FOR ENHANCEMENT OF MAINTENANCE ALLOWANCE CAN BE FILED IN FAMILY COURT
(PLJ.2007.S.C. (AJ&K)72.)
""IN DEFAULT OF DOWER AMOUNT THE WIFE CAN FILE DISSOLUTION OF MARRIAGE CASE AND CAN OBTAIN DECREE OF DISSOLUTION OF MARRIAGE ON BASIS OF KHULA ON SUCH SOLE GROUND FROM FAMILY COURT
""IN DEFAULT OF DOWER AMOUNT THE WIFE CAN FILE DISSOLUTION OF MARRIAGE CASE AND CAN OBTAIN DECREE OF DISSOLUTION OF MARRIAGE ON BASIS OF KHULA ON SUCH SOLE GROUND FROM FAMILY COURT
(NLR.2008.LAH.509)
""FATHER IN LAW CAN ALSO GIVE DOWER TO HIS SON,S WIFE AT THE TIME OF MARRIAGE OR LATER ON
""FATHER IN LAW CAN ALSO GIVE DOWER TO HIS SON,S WIFE AT THE TIME OF MARRIAGE OR LATER ON
(PLJ.2008.Lah 108.)
""If Condition of damage is mentioned in Nikh Nama then civil remedy will be invoked""
""If Condition of damage is mentioned in Nikh Nama then civil remedy will be invoked""
(2009.CLC .390)
""Where wife resides , there Family Court has jurisdiction to try the family matter"
""Where wife resides , there Family Court has jurisdiction to try the family matter"
(2010.CLC.87)
DOWER...
..Family Court can try such suit , if husband was granted house in shape of dower at the eve of marriage of wif
DOWER...
..Family Court can try such suit , if husband was granted house in shape of dower at the eve of marriage of wif
(SCMR.2016.1538)
Section..497..crpc..Bail..Scope..
""Delay of more than two years in conclusion of trial even after lapse of two years, the conduct of an accused seeking adjournments could be taken mote of and bail could be denied by a court of law even in the statutory ground.
Section..497..crpc..Bail..Scope..
""Delay of more than two years in conclusion of trial even after lapse of two years, the conduct of an accused seeking adjournments could be taken mote of and bail could be denied by a court of law even in the statutory ground.
SCMR.2016.910)
(ISLAMIC LAW - INHERITENCE-
CO-SHARED..
""Legal heir in exclusive possession of suit property has to be considered to be in constructive possession of the property on behalf of the other heirs.
(ISLAMIC LAW - INHERITENCE-
CO-SHARED..
""Legal heir in exclusive possession of suit property has to be considered to be in constructive possession of the property on behalf of the other heirs.
(SCMR.2016.1019)
Criminal Trial...proof..Standard of proof..
Strong suspicion...
""Suspcion howsoever grave or strong could never be a proper subtitute for proof beyound reasonable doubtrequired in a criminal""
Criminal Trial...proof..Standard of proof..
Strong suspicion...
""Suspcion howsoever grave or strong could never be a proper subtitute for proof beyound reasonable doubtrequired in a criminal""
(PLD.2003.S.C.39)
Expert opinion...
""Normally it is not safe to treat expert evidence as to handwritting sufficient based for conviction"
Expert opinion...
""Normally it is not safe to treat expert evidence as to handwritting sufficient based for conviction"
(SCMR.2016..1554)
CRIMINAL TRIAL..
"Identification Prade of an accused person before the trial court during the trial will amount unsafe practice"
CRIMINAL TRIAL..
"Identification Prade of an accused person before the trial court during the trial will amount unsafe practice"
(SCMR.2016.447)
Investigation launched without jurisdiction will unlawful and also laiable to be stuck down
Investigation launched without jurisdiction will unlawful and also laiable to be stuck down
(2016.YLR.LAH.551)
Order.xxiii.Rule..1.CPC.Withdrawal of suit..
Filing of fresh suit..Bar..Applicablity..
"When second suit was filed on same cause of action during pendency of fresh suit , which was subsequiently withdrawn .then order xxvii,rule .1.was not applicable
Order.xxiii.Rule..1.CPC.Withdrawal of suit..
Filing of fresh suit..Bar..Applicablity..
"When second suit was filed on same cause of action during pendency of fresh suit , which was subsequiently withdrawn .then order xxvii,rule .1.was not applicable
SCMR.2016.621)
Control of norcotis substances Act.1997..
Section..34...Narcotics..testing Labortory..
Chemical examiner..opimum of..
""Chemical examiner had a heavy responsibility to give well reasoned report in regard of narcotic .
Control of norcotis substances Act.1997..
Section..34...Narcotics..testing Labortory..
Chemical examiner..opimum of..
""Chemical examiner had a heavy responsibility to give well reasoned report in regard of narcotic .
(SCMR.2016.251.)
SECTION.46..ELECTION TRIBUNAL..POWER OF RECOUNTING OF VOTES..ORDER FOR..RECORDING OF EVIDENCE NOT ESSENTIAL..
"" REORDING OF EVIDENCE WAS NOT ESSENTIALLY REQUIRED BY TRIBUNAL MAY OR IT'S OWN ALSO ORDER A RECOUNT AS THE TRIBUNAL MAY ON ITS OWN ALSO ORDER A RECOUNT..
SECTION.46..ELECTION TRIBUNAL..POWER OF RECOUNTING OF VOTES..ORDER FOR..RECORDING OF EVIDENCE NOT ESSENTIAL..
"" REORDING OF EVIDENCE WAS NOT ESSENTIALLY REQUIRED BY TRIBUNAL MAY OR IT'S OWN ALSO ORDER A RECOUNT AS THE TRIBUNAL MAY ON ITS OWN ALSO ORDER A RECOUNT..
(2016.YLR .Sindh.29)
Islami Law..Gift..Ingredients..
Ingredients of gift were offer ,acceptance and delivery of possession of corpus of gift
Islami Law..Gift..Ingredients..
Ingredients of gift were offer ,acceptance and delivery of possession of corpus of gift
(SCMR.2016.40)
...Error by Court ...
Blame for such error cannot be shifted to the party to the suit,in view of principle of no one shall prejudice an act of the court.
...Error by Court ...
Blame for such error cannot be shifted to the party to the suit,in view of principle of no one shall prejudice an act of the court.
(2016.MLD. Sindh.742.)
ISLAMIC LAW...MAINTENANCE...
Father is bound to maintain his child regardless of his own financial position
ISLAMIC LAW...MAINTENANCE...
Father is bound to maintain his child regardless of his own financial position
(SCMR.2016.763)
ISLAMIC LAW...
INHERITENCE.CUSTOM OF SURRENDERING INHERITED SHARE BY FEMALE LEGALE HEIRS IN FAVOUR OF THEIR RELATIONS IS QUITE UN-ISLAMIC AND AGAINST THE TEACHINGS OF ISLAM AND HAS ANY VALUE IN THE EYES OF LAW
ISLAMIC LAW...
INHERITENCE.CUSTOM OF SURRENDERING INHERITED SHARE BY FEMALE LEGALE HEIRS IN FAVOUR OF THEIR RELATIONS IS QUITE UN-ISLAMIC AND AGAINST THE TEACHINGS OF ISLAM AND HAS ANY VALUE IN THE EYES OF LAW
(2016.Y.L.R.SINDH.41)
Section..52. (T.P.A.)Lis pendence...
Transfer of property during pendency of suit could not defeat the right of the party to the proceedings under decree or order which might be made in suit.
Section..52. (T.P.A.)Lis pendence...
Transfer of property during pendency of suit could not defeat the right of the party to the proceedings under decree or order which might be made in suit.
(2016.YLR.LAHORE 36)
Section.42.of Specific Relief Act.
Declararltory Decree..Declaratory decree could declare a pre-existing right and could not create a new right...
Section.42.of Specific Relief Act.
Declararltory Decree..Declaratory decree could declare a pre-existing right and could not create a new right...
(2016.YLR.SINDH.25)
SECTION..156..173..
INVESTIGATION INVESTIGATION SHOULD COMPLETE AS EARLY AS POSSIBLE WITHIN PRESCRIBED TIME WITHOUT ANY UNNECESSARY DEAY AND SUBMITTED CHALLAN IN THE COURT OF COMPETENT JURISDICTION WITHIN 14 DAYS
SECTION..156..173..
INVESTIGATION INVESTIGATION SHOULD COMPLETE AS EARLY AS POSSIBLE WITHIN PRESCRIBED TIME WITHOUT ANY UNNECESSARY DEAY AND SUBMITTED CHALLAN IN THE COURT OF COMPETENT JURISDICTION WITHIN 14 DAYS
PLD.2012.S.C.923.
NULLIFICATION OF jUDGMENT:-
Legislation could overcome the effect of any judgment of the superior court by way of legislature...
NULLIFICATION OF jUDGMENT:-
Legislation could overcome the effect of any judgment of the superior court by way of legislature...
(PLD.2016.LAH.460)
Section.. 92.cpc. suit related to public charities...permission Advocate -General to file suit..Condition..if trust consist upon public purpose and property involved then permission is necessary prior to file suit.otherwise not.
Section.. 92.cpc. suit related to public charities...permission Advocate -General to file suit..Condition..if trust consist upon public purpose and property involved then permission is necessary prior to file suit.otherwise not.
(2004.S.C.220)
Minority view...
Minority opinion in a judgment can not be cited as law before the cour
Minority view...
Minority opinion in a judgment can not be cited as law before the cour
( SCMR.2012.743)
(INDUSTRIAL RELATIONS ORDINANCE.2002)
...SECTION.2 (XXX) &..46...A Workmen removed from service without serving any show cause notice from service.Petitioner filed grievance petition before labour court being aggrieved , the employer took stance that employee is not workman and petitio is not maintainable labour court and appellate court dismissed petitioner petition high court also declined to give relief but supreme Court accepted petition of the petitioners.
(INDUSTRIAL RELATIONS ORDINANCE.2002)
...SECTION.2 (XXX) &..46...A Workmen removed from service without serving any show cause notice from service.Petitioner filed grievance petition before labour court being aggrieved , the employer took stance that employee is not workman and petitio is not maintainable labour court and appellate court dismissed petitioner petition high court also declined to give relief but supreme Court accepted petition of the petitioners.
(SCMR.2016.274)
Section.342.crpc.Evidence..
Conviction and sentence...Scope..
Piece of evidence not put to on accused during his/her examination under section 342.crpc.could not be used against him/her for maintaining conviction and sentence.
Section.342.crpc.Evidence..
Conviction and sentence...Scope..
Piece of evidence not put to on accused during his/her examination under section 342.crpc.could not be used against him/her for maintaining conviction and sentence.
(2015.SCMR.21)
Order.viiii.Rule.I.CPC. ..Written statement..
Admitted fact..Admitted facts need not to prove, especially when such admission has been made in the written statement.
Order.viiii.Rule.I.CPC. ..Written statement..
Admitted fact..Admitted facts need not to prove, especially when such admission has been made in the written statement.
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