Judgments
Ss. 5(m), 9 & 18(c) of NAB Ordinance, Art.199 of the Constitution. Holders of public office- Officials of Balochistan Public Service Commission are in the service of Pakistan, therefore, they are defined as a person holding public office.
Ss. 31 & 32 Senate (Election) Act-S.39(6) of Representation of the People Act, 1976, Art. 199 & 225 of the Constitution. Election dispute-Forum.
Art. 8A Conduct of General Elections Order (7 of 2002), Art.199 of the Constitution. Constitution petition maintainability. Disqualification from membership of Provincial Assembly-Bachelor's degree obtained fraudulently and by Impersonation.
S. 489-F PPC, S.417(2-A) Cr.P.C. Dishonestly issuing a cheque-Appeal against acquittal-Appreciation of evidence-Cheque not issued willfully and intentionally-Dishonest intention not proved-Transaction forming liability for payment not disclosed.
Ss. 12 & 13 NAB Ordinance, Art. 23 of the Constitution. Freezing of property right (Bank accounts) for unlimited period-Duration-Confirmation of freezing order-Scope.
Rr. 41 & 43 Bolan Medical College, Quetta Prospectus, 2011-2012, Art.199 of the Constitution. Admission in First Year of MBBS-Non-disclosure of factum of holding such dual Certificates before Selection Committee-Effect.
Ss. 182 & 211 and Ss.155, 195 & 561-A of Cr.P.C., Art.199 of the Constitution. False information to public servant and false charge-Quashing of proceedings-Taking of cognizance-validity.
S. 15 West Pakistan Urban Rent Restriction Ordinance. S.2(2) of Civil Procedure Code. Abatement decree in favour of the landlord entitles him to get possession of the disputed property, therefore, upon his death the decree did not abate, which automatically devolved upon his legal heirs.
S. 12(1) University of Balochistan Act, Art.199 of the Constitution. Tenure of office of Vice-Chancellor-Validity.
S. 386 Cr.P.C., S.409 Penal Code. Clarification of judgment.
S. 34 Arbitration Act, S.42 of Specific Relief Act. Arbitration agreement-Stay of proceedings.Upon termination of agreement, the arbitration clause shall survive and the arbitrator had the power to resolve the dispute.
Rr. 32, 33, 34 & 198 of Pakistan Prison Rules. Remissions to be calculated on the basis of final verdict of the last higher forum/ appellate Court with its variation in sentence.
Ss. 13(2)(ii)(a), (3)(a) & of 15 West Pakistan Urban Rent Restriction Ordinance. Personal bona fide use for son without mentioning his name and recording his statement.
S. 225 PPC. Resistance or obstruction to lawful apprehension of another person. To attract S.225 PPC a lawful apprehension was a condition precedent.
Rr. 3(c) & 61 Pakistan Legal Practitioners and Bar Councils Rules. Election Tribunal-Formation and jurisdiction.
S.3 Contempt of Court Ordinance. Contempt of Supreme Court’s order.
S. 5 & Sched. of West Pakistan Family Courts Act, Art.199 of the Constitution. Re-union after dissolution of marriage on the basis of Khula-Scope.
Ss. 2(c)(d), 7, 9 & 22 Financial Institutions (Recovery of Finances) Ordinance. "Customer" and "Finance" Definition. Jurisdiction of Banking Court.
S.494 Cr.P.C., Ss.409/420/467/468 Penal Code , S.S(2) Prevention of Corruption Act (II of 1947). Appeal does not abate on the death of accused.
Ss.16 & 17 Pakistan Citizenship Act, Art.199 of the Constitution. Issuance and cancellation of domicile certificate-Scope.
S. 497 Cr.P.C., Ss. 365& 34 Penal Code. Grant of bail on the ground of further inquiry.
Ss. 8 & 42 Specific Relief Act, Ss.33, 44 of Balochistan Tenancy Ordinance (XXI of 1978). Suit for declaration and possession- mere possession over land for a long period would not entitle a person to become its owner. Single appeal against common judgment and decree passed in two suits consolidated by the trial Court- Maintainability.
Ss. 3, 4 & 4(1) Explosives Substances Act, Ss.324/34 PPC, Art.40 Qanun-e-Shahadat. Causing explosion likely to endanger life or property, attempt to cause explosion, or for making or keeping explosive with intent to endanger life or property, attempt to commit qatl-e-amd, acts done by several persons in furtherance of common intention-Appreciation of evidence-Benefit of doubt.
O.XX R.6 CPC, Ss. 2(2) & 152 CPC. Power of Court for correction/ amendment of the decree.
Ss. 409, 468 & 477-A PPC, S.5(2) Prevention of Corruption Act (II of 1947). Criminal misconduct of public servant, criminal breach of trust, forgery and falsification of accounts-Appreciation of evidence.
Ss. 514 & 561-A Cr.P.C. and Ss.109, 471, 420 & 406 PPC. Forfeiture of bond-Reduction in surety.
S.42 & 55 Specific Relief Act. Appreciation of evidence. The plaintiff is bound by the statement of his/her witness/s.
Ss.399, 400 & 401 PPC. Making preparation to commit dacoity-Ingredients-Appreciation of evidence-Benefit of doubt.
Rr. 4 & 5 Balochistan Addl. D&S Judges Service Rules, 2002, Arts.175 & 199 of the Constitution-Appointment of Additional District and Sessions Judges--Authority to appoint—Adhoc appointment and regularization-Scope.
S.3 of Illegal Dispossession Act, S.417 Cr.P.C. Appeal against acquittal. Appreciation of evidence.
S.8 of Balochistan Civil Servant Act, Arts.199 & 212 of the Constitution. Maintainability. Seniority list-Remedy.
S. 101(c) Railways Act. Endangering the safety of persons by any rash or negligence act or omission. Difference qatl-e-amd and qatl-e-khata--Appreciation of evidence.
Ss. 302/147/148/149 Cr.P.C., S.417(2-A) Cr.P.C. Qatl-i-amd and rioting. Appeal against acquittal-Appreciation of evidence.
S.12(i)(a) of West Pakistan Arms Ordinance, Art.199 of the Constitution. Cancellation of arms license. Principles of natural justice.
S.561-A Cr.P.C. is meant for providing substantial justice in a case, where no provision is available in Criminal Procedure Code, 1898.
Ss. 561-A & 396 Cr.P.C. Inherent power of High Court-Review.
S.39 & Second Schedule of the Forest Act,1927, S.3 Central Laws (Statute Reforms) Ordinance (XXI of 1960), Art. 199 of the Constitution. Levy of duty on imported timber.