Judgments
S. 17 CPC, Section 11, C.P.C. was applicable to the proceedings under West Pakistan Family Courts Act, 1964.
Art. 64 Qanun-e-Shahdat Order, 1984 Specific Relief Act Ss.39, 42 & 54. In his local certificate, identity card and the entire documents pertaining to his employment, deceased was shown as son of Baz Muhammad, therefore, trial court rightly passed decree.
O.XX, R.5 of CPC Ss.29, 42 & 54 specific Relief Act. Trial Court neither accepted the evidence of either party nor rejected the same, such appeals were accepted and cases were remanded.
Islamic Law. Pre-emptor on coming to know about suit sale on 17-1-2008 was legally required to have made first Talb on same date and time, but he remained kept quiet till 11-3-2009, therefore, such negligent conduct of pre-emptor was not condonable. Law would favour vigilant and not indolent.
S. 79 Specific Relief Act (I of 1877) Ss. 42 & 54 Suit by or against the government or public officers in their official capacity is not maintainable if government is not made party.
S. 3 of Illegal Dispossession Act (XI of 2005), Ss.265-K & 417 PPC. Civil litigation regarding the subject property was subjudice before the civil court and present criminal proceedings appeared to be an attempt to prevent the civil proceedings.
Ss. 194-C(4) & 196 of Customs Act,1969. Contention on behalf of Collector Customs (appellant) was that jurisdiction of Single Member of Appellate Tribunal to hear an appeal valuing Rs.100,000 and not Rs.500,000. Impugned order was set aside.
Art. 40 of Qanun-e-Shahadat Order, 1984. Disclosure made by accused followed by the recovery of blood-stained axe at the instance of accused was an admissible piece of evidence within the meaning of Art.40 of Qanun-e-Shahadat, 1984.
S. 302(b) PPC & Ss. 7, 17, 20 & 24(2) Offences Against Property (Enforcement of Hudood) Ordinance, 1979. Legally, it was the 'charge' that would determine the forum of appeal.