فیصلے

Sections 42 and 54 Specific Relief Act, 1877. Status of lawful allottee of official premises.

Sections 103 and 439 Cr.P.C. Legal effect of compliance or non-compliance of provisions of Section 103, Cr.P.C.

Section 42 of the Specific Relief Act, 1877, Article 120 Limitation Act, 1908. Limitation for a suit for correction of date of birth.

Section 249-A Cr.P.C. Limitation for exercise of powers under the Section.

Sections 2(2) (9) & 33 CPC. Execution always of a decree, not of judgment, thus decree must follow the judgment.

Section 20 (c) & Order VII Rule 11 CPC. The meaning of cause of action.

Section 14 Provincial Employees Group Insurance Ordinance (Balochistan) (XII of 2007) and Article 199 of the Constitution of Pakistan. Overriding effect of the Provincial Employees Group Insurance Ordinance (Balochistan), 2007.

Sections 310, 323, 331 PPC. Determination of Diyat, Mode of its payment, specifying shares of minors on acceptance of compromise.

Section 164 Cr.P.C. Legality of delayed confessional statement.

13 (e) Arms Ordinance, 1965. Recovery on pointation, legality.

Balochistan Civil Servants (Appeal) Rules, 1983. Delay in filing of representation and taking of contrary stand.

302, 323 PPC & 164 Cr.P.C.

Section 145 of West Pakistan Land Revenue Act, 1967. Jurisdiction of a civil court.

Sections 13(3) (i) (ii) & 15 of the West Pakistan Urban Rent Restriction Ordinance 1959.

Section 39 Limitation Act, 1908, Article 117 Qanoon-e-Shahadat. 1984, Section 44 & 47 Transfer of Property Act, 1882. Computation of period of limitation and transfer of a share, as a whole or a part, in a joint property.

Article 117 Limitation Act, 1908. Date of knowledge. Section 56(1) (e) Land Revenue Act. Presumption of ownership in favour of Government.

Sections 2 and 13 of the West Pakistan Urban Rent Restriction Ordinance 1959. Principle determining relationship of landlord and tenant between the parties.

Order V Rules 15 & 20 CPC, Section 42 Specific Relief Act, 1877. Legality of service through substituted mode.

Section 7 of the Illegal Dispossession Act, 2005. Right of hearing to a person in possession.

Section 21 Trade Organizations Ordinance, 2009. Forum of appeal.

Sections 9, 24, 42, 52, 78 & 83 of Representation of the People Act, 1976, challenging election of Returned Candidate on allegations of committing illegal and corrupt practice and using of undue influence.

Section 145 & Order XXXVII Rule 2 CPC. Liabilities of person stood surety for judgment debtor.

Section 41 of the Transfer of Property Act 1882. Burden to prove title of ostensible owner and legality of the transfer.

Article 133 of the Qanoon­-e-Shahadat, 1984. Principle for re-examination of a witness.

Section 42 of the Specific Relief Act, 1877 and Section 2 (c) of West Pakistan Urban Rent Restriction Ordinance, 1959. No declaration as to existence of a title of ownership of property can be made in rent proceedings.

Sections 39, 42 & 54 of Specific Relief Act, 1877, Section 5 West Pakistan Family Courts Act, 1964, Schedule & Section 20 Muslim Family Laws Ordinance, 1961, Section 5 Civil Procedure Code, 1908. Legal value of an agreement for performance of marriage and jurisdiction of civil court.

Sections 8, 42, 54 Specific Relief Act, 1877. Burden to prove bonafide purchaser.

Section 115 CPC. Powers conferred under this section extend to final decision of the case including interlocutory orders against which no appeal is provided.

Sections 2(c) (i), 13 & 15 of the West Pakistan Urban Rent Restriction Ordinance 1959. Parties have to establish their title from a competent court of law Whereafter initiate rent proceedings.

Section 510 Cr.P.C. Production of Experts as witnesses not mandatory.

Section 29 of Control of Narcotics Substances Act, 1997. Legal presumption arising from possession of illicit articles.

Sections 12 & 15 Industrial and Commercial Employment (Standing Orders) Ordinance, 1968. The procedure to be adopted while holding proceedings under the Ordinance.

Section 4(1) of West Pakistan Government Lands and Buildings (Recovery of Possession) Ordinance, 1966 and R.11 (2) of Residential Accommodation at Quetta (Procedure for Allotment) Rules, 2009. Allotment of official residence would stand revoked on transfer of allottee to another station. Revocation of allotment of official residence.

Section 164 Cr.P.C, Article 37 of Qanoon-e-Shahadat Order, 1984, confession being an admission admissible under the law with the exception provided.

Article 22 of Qanoon-e-Shahadat Order, 1984. Holding of identification test, its legal value and importance.