Judgments

Balochistan Bar Council through Vice-Chairman V. Government of Balochistan through Chief Secretary Balochistan, Civil Secretariat and 2 others,

CLD 2024 462

Messrs Sara Enterprises Government Contractors through Proprietor V. Secretary Finance, Government of Balochistan, Quetta and 2 others,

PDT 2024 196

Messrs Sara Enterprises Government Contractors through Proprietor V. Secretary Finance, Government of Balochistan, Quetta and 2 others,

PLD 2024 Balochistan 13

Muhammad Hassan V. The State,

MLD 2023 1054

Ramzan and others V. The State,

PCrLJ 2023 1489

Muhammad Saleem and others V. The State,

PCrLJ 2022 1356

Ajmal and 2 others V. Additional Sessions Judge-IV, Quetta and 4 others,

PCrLJ 2022 1659

Hafiz Zubair and another V. Mst. Hazar Naz (Widow) and 13 others,

PLJ 2022 Quetta 124

The State through Deputy Attorney General V. Zahid Khan and others,

CLD 2022 484

Sui Southern Gas Company Ltd., Regional office and others V. Muhammad Rahim and others,

MLD 2022 1664

Taj-Ud-Din and another V. The State,

PCrLJ 2022 1710

Saif Ud Din V. Muhi Ud Din and another,

YLR 2022 2215

Muhammad Sajid Tareen V The Govt. of Balochistan through Chief Secretary Balochistan & others,

All the settlement process and mutation entries carried out in the settlement without inclusion of the names of female legal heirs shall stand cancelled and in future any such exclusion or elimination with regard to female shareholder in the legacy of her/their deceased predecessor shall be curbed with iron hands by means of registering criminal cases against the offenders and case in this behalf shall be registered on behalf of the concerned revenue officials instead of complaining women with further directions to the DG NADRA and DG Public Relations, Govt. of Balochistan.

PLD 2021 Balochistan 172

Messrs S.Q. Corporation through Proprietor and others V. Federation of Pakistan through Secretary Internal Affairs, Government of Pakistan, Islamabad and others,

CLD 2022 128

Danae International Corporation V. M.V. Camel (Ex-Camelot) and another,

PLJ 2022 Quetta 78

Abdul Ghaffar Kudezai and 2 others V. Government of Balochistan through Chief Secretary, Civil Secretariat, Quetta and 2 others,

PLC (C.S) 2022 1369

Saira Atta V. The Government of Balochistan through Chief Secretary and others,

PLC (C.S) 2022 1326

Muhammad Ismail Muhammad Shai V. Hon'ble Chief Justice Balochistan, through Registrar and others,

PLC (C.S) 2023 384

Naimatullah and 11 others V. Faizullah and 2 others,

PLD 2021 Balochistan 15

State through Prosecutor General Accountability, NAB V. Nisar Hussain Shah and another,

PCrLJ 2022 713

Abdul Ghani V Hon'ble Chief Justice through Registrar High Court,

PLC (C.S) 2023 Note 43

Asadullah V. The State and another,

MLD 2021 408

Siddiqullah and others V. The State, Agha Muhammad V. Naqeebullah and others,

MLD 2020 1492

Bibi Zarghoona V. The State,

PCrLJ 2020 1562

Zahoor Ahmed Mengal V. National Bank of Pakistan through President and another,

PLC (C.S) 2023 Note 47

Nizam-ud-Din V. Senior Vice President and Regional Manager Operation and another ,

CLC 2020 1934

Muhammad Asghar and others V. The Islamic Republic of Pakistan through Secretary of Defence, Islamabad and another,

CLC 2021 92

Sardar Khan and another V. The State,

PCrLJ 2021 43

Muhammad Essa V. Mudasir Ahmed and others,

MLD 2020 1969

A.C/SDM V. Mehrullah and another, Sui Southern Gas Company V. Mehrullah Khan and another,

CLC 2020 1680

Abdullah and another V. Province of Balochistan through Secretary Education and another,

PLC (C.S) 2021 272

Zahid Hassan Khan V. Shams Ullah,

PLD 2020 Balochistan 78

Ghulam Samadani and 3 others V. Akbar khan and 3 others,

CLC 2021 944

Erick (Airak) Feroz V. Pethres alias Mitho and another,

PLD 2020 Balochistan 83

Bahawal Khan V. Rab Nawaz and another,

YLR 2021 Note 53

Janan Khan through Purchase on Installments Kaleemullah V. The State through One Battalion (Qaid) Pakistan Coastal Guard, Uthal and another,

MLD 2021 80

Tariq Aziz V. The State,

PCrLJ 2021 1700

Noor Bibi and 13 others V. Meer Muhammad alias Meer Jan and 4 others,

S. 32 & O. XVI, R.10(3) --- Specific Relief Act ( I of 1877), S. 42- Powers and discretion of Court to summon witnesses.

CLC 2018 87

Gul Mir V. The State,

YLR 2021 2041

Shah Bakhsh V. The State,

----S. 302(b)---Qatl-i-amd---Appreciation of evidence---Benefit of doubt---Circumstantial evidence, Qanun-e-Shahadat (10 of 1984), Art. 39, ----S. 164--- Retracted confession---Scope--- When law had contemplated to do anything in a particular manner, any deviation there-from amounted to violation of law. Retracted confession, if corroborated in material particulars could be based for recording conviction.

YLR 2018 1481

Abdul Majeed V. Bismillah and 2 others,

Section 7 of Juvenile Justice System Ordinance (XXII of 2000), Sections 302, 147, 148 & 149 PPC --- determination of age of accused. Preamble & S. 7---Scope of Juvenile Justice System Ordinance, 2000.

YLR 2017 2146

Nasir Ali V. Chairman Balochistan Public Service Commission Koyla Phattak and 4 others,

----Ss. 4(1)(f), 492, 493, 494 & 495--Balochistan Prosecution Services Act, 2003, S. 7-A--Powers to appoint public prosecutor--Functions and duties--Declaration of candidates for District Attorney and Assistant District Attorney--Question of--Whether prosecuting inspector and prosecuting sub-inspector fall within definition of Government pleader or public prosecutor or not.

PLJ 2017 Quetta 114

Fatima V. Federation of Pakistan through Secretary Ministry of Commerce, Islamabad and 2 others,

Constitution of Pakistan Article 199, 04, Civil service, Locus poenitentiae, principle of (Applicability) Legitimate expectation, doctrine of---Promissory estoppel, doctrine of (applicability, scope)---, Withholding of appointment due to restraining order of National Industrial Relations Commission.

PLC (C.S) 2018 292

Fatima V. Federation of Pakistan Through Secretary M/O Commerce Islamabad and 2 others,

----Constitutional Petition, Section 24 of General Clauses Act--- Article 4, 18, 27 & 199 of the Constitution of Pakistan, 1973, --Recruitment process completed--Denial of appointment--Legislative Expectation under rule of Prudence—Applicability.

PLJ 2018 Quetta 59

Nasir Ali V. Chairman Balochistan Public Service Commission and 4 others,

-------S. 2 (m)---Balochistan Police Act (X of 2011), S.42---Police Rules, 1934, Vol. III, Chap. XXVII, Rr.27.1 to 27.39---Criminal Procedure Code (V of 1898), Ss.4(1)(t), 173, 190, 492, 493, 494 & 495--- appointment of District Attorney and Assistant District Attorney---"Public Prosecutor".

PLC (C.S) 2018 174

Muhammad Azam Davi V. The State through FIA,

Prevention of Electronic Crimes Act, 2016, Section 497 of Criminal Procedure Code (V of 1898) Unauthorized use of identity information, offences against dignity of a person, cyber stalking, abetment---Bail, grant of---Further inquiry.

PCrLJ 2017 1715

Aziz Ullah V. The State,

S. 377---Sodomy---Appreciation of evidence---Ocular account did not corroborate the medical evidence ---Medical opinion was not in line with the procedure contemplated in the medical jurisprudence---No positive report was on record with regard to semen stained clothes of the victim and the accused-appellant---Mere tenderness of the anal region was not a conclusive proof of sodomy.

PCrLJ 2017 1623

Bhooral Khan V. The State,

(a) Section 302 PPC (b) S.19(10), (12) of Anti-Terrorism Act (XXVII of 1997) and Arts.9, 10 & 10-A of Constitution of Pakistan, Conviction in absentia---Right to fair trial ----Art. 189---Decision of Supreme Court, binding force of---Judicial dignity demanded that every judgment delivered by the Supreme Court, irrespective of the size of the author bench, deserved and received the highest respect.

MLD 2017 7

Abu Bakar Siddique V. The State,

Ss. 302(b) & 338 Penal Code (XLV of 1860) ---Qatl-i-amd, isqat-i-hamal---Appreciation of evidence ---No direct ocular evidence was available against the accused---Complainant narrated the story, which corroborated the contents of FIR---Statement of complainant was not only reliable but his natural and unimpeachable deposition furnished very strong corroboration.

YLR 2017 1987

Abu Bakar Siddique and another V. State and another,

Qanun-e-Shahadat Order, 1984 (10 of 1984)------Art. 39--Extra-Judicial Confession--There is no cavil to proposition that statement of an accused before police officer being extra-judicial confession is not admissible in evidence under Article 39 of Qanun-e-Shahadat Order, 1984.

PLJ 2018 Cr.C. (Quetta) 116

Abdul Manan and another V. The State,

Sections 302 147, 148 & 149 Penal Code (XLV of 1860)---, Art. 46 Qanun-e-Shahadat (10 of 1984)---Qatl-i-amd, rioting, rioting armed with deadly weapon, unlawful assembly---Appreciation of evidence---Art. 46---"Dying declaration"---Admissibility---When a man, who had recorded his statement prior to his death shed light upon the cause of his death, such statement would be admissible in evidence.

PCrLJ 2017 1491

Wali Muhammad V. Director General, National Accountability Bureau and 2 others,

Section 497 Criminal Procedure Code (V of 1898) --- Section 31-A National Accountability Ordinance (XVIII of 1999), ---Corruption and corrupt practices---Bail, grant of---Rule of consistency---Accused-petitioner was admitted to bail in view of principle of consistency

YLR 2017 1706

Messrs World Trade Enterprises, Customs C&F Agents and others V. Customs Appellate Tribunal Bench-I and others,

(a) Words and phrases-------"Mutatis mutandis"---Connotation---Expression 'mutatis mutandis' is an adverbial phrase qualifying the verb 'shall apply' and meaning 'those changes being made which must be made', means necessary changes in point of detail were to be made when necessary.

PTD 2017 1472

Haji Muhammad Naeem V. Siraj-Ud-Din and 6 others,

Constitution of Pakistan, 1973------Art. 199--Civil Procedure Code, (V of 1908), Ss. 117, 114, O. XLVII, R. 1--Review application--Scope of review--Jurisdiction of High Court by virtue of S. 117, CPC.

PLJ 2018 Quetta 49

Muhammad Yousaf V. The State,

Section 9 of Control of Narcotic Substances Act (XXV of 1997) ---Control of Narcotic Substances (Government Analysts) Rules, 2001, Rr. 5 & 6---Seizure of narcotic---Appreciation of evidence---Report of test or analysis.

MLD 2017 1471

Haji Muhammad Naeem V. Siraj-Ud-Din and 6 others,

Civil Procedure Code (V of 1908)-------O. XLVII, R.1 & S.114---Review---Object and scope---Applicant had failed to point out any apparent error or mistake in the order under review---Object of power of review was to enable correction of error alone and nothing else.

PLD 2017 Balochistan 65

Khadim Hussain V. Govt. of Balochistan, Education Department (Colleges Section) Civil Secretariate through Secretary Higher Education, Quetta and another,

Contract Employees. Article 199 of the Constitution of Pakistan. Extension and Regularization. A contract employee has no vested right to claim for extension or regularization of is service.

PLJ 2017 Quetta 76

State through DPG V. Muhammad Rafique through Naib Tehsildar,

STATE through DPG---Versus MUHAMMAD RAFIQUE through Naib Tehsildar Section 13 (e) and 14-A of Pakistan Arms Ordinance (XX of 1965)--- Ss.417, 190 & 249-A Criminal Procedure Code (V of 1898),---Possessing unlicensed arms---Appeal against acquittal---Jurisdiction of Magistrate to try offence.

PCrLJ 2016 1711

Muhammad Saleem V. Kareem Khan and 4 others,

Ss. 337-A, 354, 504 & 34 of Penal Code (XLV of 1860)--- S.417(2-A) of Criminal Procedure Code (V of 1898)---Causing Shajjah, assault or criminal force to woman with intent to outrage her modesty, intentional insult with intent to provoke breach of peace, common intention.

PCrLJ 2016 1726

Abdul Haleem and another V. The State and 2 others,

Section 497 (2) and 497 (5) of Criminal Procedure Code (V of 1898)------- Benefit of doubt---Scope---Without availability of strong, cogent and convincing grounds, bail cannot be cancelled---Benefit of any doubt arising out even at bail stage should be termed as question calling for further inquiry and accused becomes entitled for grant of bail.

PCrLJ 2016 482

Abdul Zahir Khan Achakzai V. District & Sessions Judge, Quetta/Returning Officer through Chairman and 2 others,

Sections 13 (1) (i) & 55 of Pakistan Legal Practitioners and Bar Council Rules 1976. Electoral List, Election of High Court Bar Association. Place of practice of petitioner could only be determined according to the provincial list.

PLD 2016 Balochistan 32

Hazoor Bakhsh and 2 others V. Mir Nasrullah Khan,

S, 9 & O.II, R.2 Civil Procedure Code (V of 1908) --- Defamation Ordinance (LVI of 2002), Preamble--- Malicious prosecution --- Ingredients and proof --- defamation Ordinance, 2002 did not contain any ouster clause or any overriding effect qua jurisdiction of civil court.

CLC 2016 1936

Fateh Din alias Fatoo V. The State,

Ss. 302(a)(b)(c), 304, 307, 308, 310, 331 & 338-E Penal Code (XLV of 1860) --- S.345 Criminal Procedure Code (V of 1898) ---Qatl-i-amd, qisas and diyat---Appreciation of evidence---Sentence, reduction in---Compromise with legal heirs of the deceased in case of death as Tazir, could be considered as a mitigating factor for altering the conviction and awarding the lesser punishment of life imprisonment instead of death.

YLR 2016 2781

Muhammad Gul V. Government of Balochistan through Secretary Technical and Higher Education, Quetta and 2 others,

Terms and conditions of service---Bar of jurisdiction contained in Art.212 of the Constitution---Scope---Relief prayed for by the petitioner was with regard to terms and conditions of his service---Petitioner did not have requisite qualification---Said relief could not be granted under constitutional jurisdiction of High Court in view of the bar contained in Art.212 of the Constitution.

PLC (C.S) 2016 34

Muhammad Naeem V. Siraj-U-Din and 6 others,

-------Ss. 43, 45 & 53 of West Pakistan Land Revenue Act (XVII of 1967)---Constitution of Pakistan, Art.199---Constitutional petition---Disputed question of fact with regard to title and inheritance could not be decided by the revenue officer/revenue court by way of mutation proceedings which were summary in nature.

CLC 2015 1084

Obaidullah V. The State,

Section 13(e) of Pakistan Arms Ordinance (XX of 1965)---Possessing unlicensed arms---Appreciation of evidence---Benefit of doubt---Weapon allegedly recovered was not sent to Forensic and Ballistic Expert for opinion, so as to determine the nature and caliber of the weapon;

MLD 2015 1105

Badost V. The State,

Section 497 (2) Cr.P.C, Ss. 302, 324, 353, 186 & 427 PPC ---Explosives Substances Act (VI of 1908), Ss. 3, 4 & 5---Anti-Terrorism Act (XXVII of 1997), S.7---Qatl-i-amd, attempt to commit qatl-i- amd, assault or criminal force to deter public servant from discharge of his duty.

YLR 2015 2420

Habibullah V. Irshad Ahmed and 2 others,

Ss. 337-A, 337-D, 337-E, 147, 148, 149 & 109 PPC, S.22-A Cr.P.C--- Article 85 & 90 of Qanun-e-Shahadat (10 of 1984), Constitution of Pakistan, Art.199---Constitutional petition---Maintainability---Causing Shajjah, Jaifah, Ghayr-Jaifah, rioting, rioting armed with deadly weapons, common object, abetment.

MLD 2015 1073

Said Muhammad V. Station House Officer, Police Station, Shalkot, Quetta and another,

S. 489-F PPC ---, Ss.22-A, 22-B & 179 Cr.P.C---Police Rules, 1934, R.25(4)---Constitution of Pakistan, Art.199---Constitution petition--- Dishonestly issuing cheques---Powers and functions of Justice of Peace---Registration of FIR---Jurisdiction of Court.

MLD 2015 1151

Faqeer Muhammad V. The State,

Ss. 35 & 397of Criminal Procedure Code (V of 1898) ---, S. 17(4) of Offences Against Property (Enforcement of Hudood) Ordinance (VI of 1979), Section 13 € of Pakistan Arms Ordinance (XX of 1965), ---Haraabah with murder, ---concurrence of sentences awarded in two cases.

PCrLJ 2016 1854

Banners Store Pakistan (Pvt.) Ltd. through General Manager V. Malik Zafar Iqbal and 2 others,

Ss. 409, 406 & 34 PPC, S.417(2-A) Cr.PC---Criminal breach of trust by public servant, common intention---Appeal against acquittal---Reappraisal of evidence--- appeal filed by unqualified person and signed by appellant’s counsel, not maintainable.

YLR 2015 1377

Babul alias Babu V. The State,

Section 497 (2) Cr.P.C, Ss.302 & 34 PPC---Qatl-i-amd, common intention---Bail, grant of---Further inquiry---No bar existed under law to grant bail at any stage, provided accused had made out a case of further inquiry.

MLD 2015 1694

Ali Muhammad Baloch and others V. The State through D.P.G. NAB and others,

Ss. 9 (c) & 31 (B) National Accountability Ordinance (XVIII of 1999)-------Ss. Ss.63, 156 & 403 Cr.P.C---Constitution of Pakistan, Art.13---Closure of investigation--- Reinitiation of investigation---Not double jeopardy---Closure of investigation, would be considered as discharge from investigation.

YLR 2015 666

Naimatullah Khan and others V. The National Accountability Bureau, Balochistan through Chairman and another,

S. 497 (c) Cr.P.C--- Section National Accountability Ordinance (XVIII of 1999), S. 9 (a) (vi)---Constitution of Pakistan, Art.199---Constitutional petition---Misuse of authority---Pre-arrest bail, grant of---Case of further inquiry---Rule of consistency---Applicability.

YLR 2015 980

Mohae-Ud-Din V. The State through Prosecutor-General Balochistan,

Ss. 9(a)(vi) & 33-B of NAB Ordinance (XVIII of 1999)--- S. 497 Cr.P.C --- Constitution of Pakistan, Art. 199--- Constitutional petition---Bail, grant of---Case of further inquiry---Documentary evidence---Corruption and corrupt practices in tendering process.

PCrLJ 2015 621

Saadullah V. The State,

Section 497 Criminal Procedure Code (V of 1898) --- Ss.396, 147, 148 & 149 of Penal Code (XLV of 1860)---Dacoity with murder, rioting, common object---Bail, refusal.

PCrLJ 2016 1793

Abdul Sattar Khan Durrani and others V. Province of Balochistan through Chief Secretary and 5 others,

Article 199 of Constitution of Pakistan --- Civil service---Contractual employment---Scope---Regularization of service of contract/ad hoc employee.

PLC (C.S) 2015 489

Fareedullah V. Muzaffar Ali,

S. 497(5) Cr.P.C--- Ss.302 & 34 PPC---Qatl-i-amd, common intention---Bail, cancellation of---Observations by Trial Court, bail granted to accused was cancelled, in circumstances.

YLR 2015 730

Sher Dil V. Mst. Sharifa and 2 others,

O.XLI Rr. 17, 19 & S. 151 CPC, Article 168 of Limitation Act (IX of 1908), ---Dismissal of appeal for non-prosecution and lack of interest of appellant---Re-admission of appeal---Limitation---Invocation of S.151, C.P.C.---Scope---Re-admission of appeal was governed by O.XLI, R.19, C.P.C..

CLC 2016 1747

Bakhtiar Ali and another V. The State,

S. 302 (b), 304 & 34 PPC, Section 367 (5) Cr.P.C---, Arts.3 & 17 of Qanun-e-Shahadat (10 of 1984)---Qatl-i-amd, qatl-i-amd liable to qisas, common intention---Appreciation of evidence---Sentence, quantum of---Discretion of court---Scope.

YLR 2016 2536

Sikandar Ali and another V. The State and another,

Ss.561-A, 190, 200 & 201 Cr.P.C--- Ss. 161, 409 & 420 PPC---Taking illegal gratification, criminal breach of trust by Banker, cheating and dishonestly inducing delivery of property---Quashing of FIR---FIR recorded against the petitioners, was directed to be quashed, in circumstances

YLR 2016 2697

Nisar Ahmed V. The State,

S. 489-C PPC --- Possessing forged or counterfeit currency-notes or Bank Notes---Appreciation of evidence---Certificate of the State Bank of Pakistan, that alleged currency note was examined by the expert who found it forged one, was neither conclusive nor speaking; as it did not contain the name of the concerned Currency Officer.

MLD 2016 1990

The State through Regional Director Anti-Narcotics Force, Quetta V. Abdul Hameed,

Ss. 497(5) & 498 Cr.P.C --- Ss. 15 & 51 of CNS Act 1997---Possessing and trafficking of narcotics---Pre-arrest bail, cancellation of---Principal.

YLR 2015 568

Abdul Qadeer V. The State,

Ss. 497, 103 & 537---Control of Narcotic Substances Act (XXV of 1997), Ss.9(c), 21, 22, 23 & 25---Possessing and trafficking of narcotics---Bail, refusal of---Accused in conscious possession.

MLD 2015 499

Mudassar Zafar and others V. The State through D.G. NAB,

S. 25(a) of NAB Ordinance (XVIII of 1999) --- Art. 199 of Constitution of Pakistan, ---Constitutional petition--- Voluntary return of benefits---Offer by National Accountability Bureau---Arrest of accused---Procedure.

YLR 2015 868

Naveed Ahmed V. Government of Balochistan, Education Department, through Secretary and 4 others ,

Art. 199 of Constitution of Pakistan---Constitutional petition---Civil service---Advertisement for the posts of teaching cadre in the Education Department---

PLC (C.S) 2015 788

Allah Dina and another V. The State,

S. 33-E---Criminal Procedure Code (V of 1898), S.386---Penal Code (XLV of 1860), S.70---Constitution of Pakistan, Art.199---Constitutional petition---Recovery of amount of fine etc. as arrears of land revenue.

MLD 2015 460

Abdul Salam V. The State,

S. 497 (1) Cr.P.C, provisos third & fourth---Ss. 302, 365, 34 PPC ---Anti-Terrorism Act (XXVII of 1997), S. 21-D(2)---Qatl-i-amd, kidnapping or abducting with intent secretly and wrongfully to confine person, common intention---Bail, refusal of.

PCrLJ 2015 808

Abdul Hafeez Luni V. The State through NAB,

Ss. 32 & 33-E of NAO Ordinance, S. 70 PPC--- S. 386 Cr.P.C ---Recovery of unpaid amount of fine as arrears of land revenue---Conversion of revision into appeal

YLR 2015 1596

Sohail V. Mst. Nazia Amin and 3 others,

S. 5 of West Pakistan Family Courts Act (XXXV of 1964).---Constitution of Pakistan, Art. 199---Constitutional petition---Suit for recovery of dower---Satisfaction of decree in instalments---Scope.

CLC 2015 1374

Muhammad Ismail and another V. The State,

Control of Narcotic Substances Act (XXV of 1997)-------Preamble, Ss. 2(k)(s)(za), 9(c) & 16---Drugs Act (XXXI of 1976), Ss.23 & 28---Criminal Procedure Code (V of 1898), S.221---Possessing or trafficking narcotics---Recovery of alcohol, beer and acid---Framing of charge.

PCrLJ 2015 974

Abdul Razzaq V. The State,

S. 302 (c) PPC---Qatl-i-amd---Appreciation of evidence---Sentence, reduction in---Case of the prosecution mainly rested upon the circumstantial evidence--- charge under S.302(c), P. P. C. was altered to that of under S.302(b), P.P.C..

MLD 2016 2064

Aurangzaib V. Division Superintendent Pakistan Railways and 3 others,

Civil service-------Employees of Pakistan Railways--- Promotion--- Terms and conditions of service---Bar contained under Art.212 of the Constitution--- Scope---Pakistan Railways was the department of Federal Government and its employees were covered by "persons in the service of Pakistan"---Prayer made by the employees was with regard to "terms and conditions" of their service which could not be granted under the constitutional jurisdiction of High Court.

PLC (C.S) 2016 1314

Ella-Ud-Din and another V. The State,

.Control of Narcotic Substances Act (XXV of 1997)-------S. 9(c)---Possessing and trafficking of narcotics---Appreciation of evidence---Ocular testimony, recovery of substance, positive Forensic Science Laboratory report, had fully proved case against accused persons.

YLR 2017 113

Ella-Ud-Din and another V. The State,

PCrLJ 2017 85

Ikhtiar Khan V. Muhammad Hassan and 3 others,

Section 195 of Cr.P.C. Contempt of lawful authority of public servants, offences against public justice and relating to documents given in evidence---Conditions necessary for applicability of S.195, Cr.P.C..

YLR 2016 2691

Rozi Khan V. Muhammad Asif And Another,

Ss. 337-A(ii), 337-F(i)(ii) & 34---Criminal Procedure Code (V of 1898), S. 417(2-A)--- Accused would carry double presumption of innocence in case of acquittal.

PCrLJ 2015 465

Muhammad Aalam V. Mehmood Khan and another,

Preamble, Ss.2(c), 3, 4, 5, 7 & 8 of Illegal Dispossession Act (XI of 2005)---S. 561-A Cr.P.C ---Balochistan Tenancy Ordinance (XXIV of 1978), Preamble & S. 33---Illegal dispossession---Complaint---Quashing of proceedings.

PCrLJ 2016 1877

Abdul Rehman Kehtran V. The State,

S. 497 Cr.P.C --- S. 13(b)b Pakistan Arms Ordinance (XX of 1965), --- Ss, 4 & 5 Explosive Substances Act (VI of 1908), ---Possessing unlicensed arms, recovery of illicit arms, ammunitions and explosive---Bail, refusal of.

PCrLJ 2015 852

100

Abdul Rehman V. Government of Balochistan through Chief Secretary and 2 others,

Rule . 7 of Balochistan Civil Servants (Appointment, Promotion and Transfer) Rules, 2009--- Ss.114, 117 & O.XLVII, R.1of CPC ---Constitution of Pakistan, Arts.199 & 212---Civil service---Transfer and posting--- Jurisdiction of High Court under Art.199 of the Constitution---Scope---Review of order passed under constitutional jurisdiction---Scope---By virtue of S.117, C.P.C..

PLC (C.S) 2015 318

101

Noorullah and others V. Additional District and Sessions Judge and others,

Ss. 22-A, 22-B & 561-ACr.P.C---Constitution of Pakistan, Art.199---Constitutional petition---Maintainability---Justice of Peace---Powers and jurisdiction of---Nature---Order of Justice of Peace was not assailable under S.561-A, Cr.P.C.

PCrLJ 2015 1509

102

Muhammad Sabir and 3 others V. Mst. Janat Khatoon,

O. VII, Rr.2 & 3 CPC---High Court (Lahore) Rules and Orders Volume I Chap. 1-C, Part C---Pleadings---Requirements---Immovable property. (b) S. 115 CPC ---Revisional jurisdiction of High Court---Scope.

CLC 2015 1042

103

Muhammad Rafiq and another V. The State,

Ss. 377 & 34 PPC---Sodomy, common intention---Appreciation of evidence---Complainant and victim, had made dishonest improvements in respect of the alleged offence of sodomy.

YLR 2015 1156

104

Haji Inayatullah Bazai V. Muhammad Ayub and 2 others,

S. 42 of Specific Relief Act (I of 1877) ---Suit for declaration---Plaintiff had been recorded as owner but he was neither in possession nor his share could be determined because of joint nature of property. (b) Pleadings-------Pleadings and evidence of defendant were at variance.

YLR 2015 1692

105

La Guardia Group of Companies through Assistant Manager Terminal V. Abdul Nafey and another,

O. V, Rr. 20, 12 & O. IX, R. 6(1)(a) CPC---, Arts.164 & 181 of Limitation Act (IX of 1908)--- Art. 10-A of Constitution of Pakistan, ---S. 13 West Pakistan Urban Rent Restriction Ordinance (VI of 1959), ---Ejectment of tenant---Ex parte order, setting aside of---Limitation---Substituted service---Scope---Principle of "audi alteram partem"---Applicability---.

CLC 2015 620

106

Abdul Qayyum and 8 others V. Abdul Ghaffar and 2 others,

S.13 of West Pakistan Urban Rent Restriction Ordinance (VI of 1959) --- Ejectment of tenant---Default in payment of rent---Personal bona fide need of landlord---Denial of relationship of landlord and tenant by the tenant.

MLD 2015 605

107

Malik Munir Ahmed V. Sardar Khair Muhammad Tajik and others,

Specific Relief Act (I of 1877)-------S. 8---Suit for possession---Lease deed---Mutation---Scope---Lease deed executed in favour of plaintiff without possession was merely an entry in the record which did not confer any title---

CLC 2015 560

108

Sanaullah V. The State,

S. 411---Dishonestly receiving stolen property (Motor-cycle)---Appreciation of evidence---Benefit of doubt --- Benefit of slightest doubt would necessarily be extended in favour of accused and not otherwise.

PCrLJ 2015 382

109

Mirza Luqman Masud V. Government of Pakistan, Establishment Division through Secretary and 14 others,

Art. 199 of Constitution of Pakistan------- Constitutional jurisdiction of High Court---Territorial jurisdiction---Principle---Civil service---Writ of quo warranto---Scope.

PLC (C.S) 2015 526

110

Mst. Shugafta V. Chairman Federal Public Service Commission, Islamabad and 2 others,

Art. 199 of Constitution of Pakistan---Constitutional petition---Civil service---Advertisement for the post's of Assistant Head Mistress and Vice Principal---Prescribed qualification being second class or grade-C Master's degree or equivalent and B.Ed---

PLC (C.S) 2015 819

111

Muhammad Hanif V. S.H.O. Police Station New Sariab, Quetta,

Ss. 154, 156, 173 & 190---Information of cognizable offence---Recording of F.I.R.---Investigation in the case---Powers and duties of S.H.O.---S. 154---Lodging of F.I.R.---Cross-versions---Powers and duties of S.H.O.

PCrLJ 2014 1007

112

Nazeer Ahmed V. Abid Ahmed and another,

S. 417(2-A)---Appeal against acquittal---Delay in filing appeal, condonation of---Special limitation of thirty days under S.417(2-A), Cr.P.C---"Aggrieved"---Meaning, explained---'Person aggrieved' defined.

PCrLJ 2014 914

113

Gelcaps Pakistan Employees Union through General Secretary V. Province of Balochistan through Chief Secretary and another,

Balochistan Industrial Relations Act (XIII of 2010) Ss. 17 & 41---Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968), S.O.11-A---Constitution of Pakistan, Art.199--- Constitutional petition--- Maintainability--- Unfair labour practice by employer--- Closure of establishment--- Grievance application---

PLC 2015 195

114

Collector of Customs, through Additional Collector of Customs V. Messrs Haji Ballow Khan and another,

Ss. 194C, 194 & 196 of Customs Act (IV of 1969)---R. 4 of Customs, Excise and Sales Tax Appellate Tribunal (Procedure) Rules, 2006, ---Procedure of Appellate Tribunal---Interpretation of S. 194C of the Customs Act, 1969---Judicial and administrative powers of the Chairman---Constitution of Benches---Exercise of discretion by Chairman---Cases of urgency / exigency---Scope.

PTD 2015 1080

115

Abdul Lateef and 13 Others V. The State,

Ss. 537(b) & 225---Failure to mention particulars required to be stated in the charge---Effect---Motive---Scope--- Motive once alleged, if not proved, would lead to the failure of prosecution.

PLD 2014 120

116

Manzoor Hussain alias Mama V. The State,

S. 324---Attempt to commit qatl-e-amd---Appreciation of evidence----Motive---Scope---Art. 129(g)---Criminal Procedure Code (V of 1898), S.265-F(7)---Scope---Plea of alibi---Evidence--- Scope and effect.

PCrLJ 2014 744

117

Abdul Qudoos V. The State,

S. 337-N PPC---Scope--- Ss. 537, 238, 227, 225, 232 & 535---Alteration of charge---Error, correction of---S. 149---Unlawful assembly---Common intention---Scope.

YLR 2014 1473

118

Ejaz Ahmed V. The State,

S. 497---Penal Code (XLV of 1860), Ss.302, 109 & 34---Qatl-e-amd, abetment, common intention---Doctrine of "Falsus in uno falsus in omnibus".

PCrLJ 2014 636

119

Haider Ali Khan Jamali V. Returning Officer/Adc Jaffarabad,

S. 20---Balochistan Local Government Act (V of 2010), Ss.23 & 24---Constitution of Pakistan, Art.199---Constitutional petition---Correction of electoral rolls---Bar to such correction---Scope.

CLC 2014 1381

120

Muhammad Khan V. Amanullah,

S. 24---Balochistan Zakat and Ushr Act (I of 2012), Ss.14 (4) & 23---Constitution of Pakistan, Art.199---Constitutional petition---Chairman District Zakat Committee--- S.24(1)(f) of Balochistan Local Government Act, 2010

PLD 2014 128

121

Abdul Hadi V. Government of Balochistan, Local Government Rural Development Agrovilles Department,

S. 20---Balochistan Local Government (Delimitation) Rules, 2011, Rr.7, 4, 5 & 6---Constitution of Pakistan, Art. 199--- Section 20 of Electoral Rolls Act, 1974--alteration, amendment or change in the limits of wards.

CLC 2014 1450

122

Muhammad Iqbal v. Federation of pakistan through secretary, water and power, islamabad and 3 others,

S. 17(1)(B)---Constitution of Pakistan, Arts.199 & 212---Constitutional petition---Maintainability---WAPDA employee---Promotion---Scope--- Terms and conditions of service.

PLC (C.S) 2014 467

123

Mst. Zohra and others V. Tariq Murtaza,

S. 13---Ejectment petition---Default in payment of rent---Denial of relationship of landlord and tenant by the tenant---

MLD 2014 740

124

Ubaidullah and another V. The State and another,

S. 561-A---Penal Code (XLV of 1860), Ss.419, 420, 471, 489-F & 34---Cheating by personation, cheating and dishonestly inducing delivery of property--- Cheque was always issued in terms of civil obligation.

YLR 2014 753

125

Mitha Khan Umrani V. Federation Of Pakistan,

Art. 199 of the Constitution---Constitutional petition---Civil service.

PLC (C.S) 2014 571

126

Saima V. Government Of Balochistan,

Art. 199---Constitutional petition---Maintainability---Civil service---Exercise of jurisdiction under Art.199 of the Constitution would depend on the existence of a fundamental or legal right of a person or a party.

PLC (C.S) 2014 579