فیصلے
Sections 2(11), 47(3) & 50 CPC. Determination of status of legal representative of judgment debtor and his liability in execution of decree.
Sections 42 and 54 Specific Relief Act, 1877. Status of lawful allottee of official premises.
Section 540 Cr.P.C, witnesses to be produced as additional evidence.
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.
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.
Sections 2(s), 156, 168, 179, 181, 194-A & 196 of Customs Act. The Appellate Tribunal was supposed to apply its mind independently.
Section 40 (5) Trade Mark Ordinance, 2001. Infringement of Trade mark.
Articles 22, 38, 39 & 40 Qanoon-e-Shahadat Order 1984. Value of Identification parade and confession before police.
Article 22 of Qanoon-e-Shahadat Order, 1984. Holding of identification test, its legal value and importance.
Order XXXVIII Rule 9 CPC. Attachment before judgment.
Section 91 Civil Procedure Code, 1908. Public nuisance and consent of Advocate-General.
Sections 2(2), 33, Order XX Rules 6, 7 & 8 CPC. Decree must agree with the judgment.
Sections 302, 34 & 316 PPC, Section 345 Cr.P.C. Satisfaction of the court before acceptance of compromise.
Sections 22-A, 154, 157 Cr.P.C. The Justice of Peace was required to order for registration of FIR instead of directing the SHO for conducting inquiry U/S 157(2) Cr.P.C
Sections 6, 7 & 28 of Anti Terrorism Act, 1997 and Sections 302 (b)/34, 324 PPC. Acts constituting an offence under the Act, 1997.
Section 42 Specific Relief Act, 1877. Article 199 of the Constitution. Recording of evidence, necessary to resolve issue of law and facts
Residential Accommodation at Quetta (Procedure for Allotment) Rules, 2009, allotment of Government Accommodations to Government Servants.
Section 10 of Balochistan Civil Servants Act, 1974. Place of serving.
Sections 9(5) & 12 Financial Institutions (Recovery of Finances) Ordinance, 2001. Effect of delay in filing of the application for setting aside ex-parte decree by the guarantor.
Order I Rule 9, Order VII Rule 11, Order XXIII Rule 1(3) & Section 11 CPC. Effect of non-Joinder or mis-joinder of parties, non-accrual, non-disclosure of the cause of action and valuation of suit.
Sections 315, 316, 302 (c), 337-A (i) & 337-F (i) PPC. Burden of proof if plea of alibi taken by accused person
S. 19(b) of Guardian and Ward Act, 1890. Mother to establish unfitness of father to become guardian of person of minor.
Article 117 Qanoon-e-Shahadat Order, 1984. Appreciation of evidence of chance witnesses.
Section 48 CPC and Article 181 of the Limitation Act, 1908, time limit for execution of decree.
Section 9 (c) Control of Narcotics Substances Act, 1997. Non appearance of the Investigating Officer fatal for the case of prosecution.
Order XIV Rule 2 CPC. Issues of law and facts.
Section 540, Cr.P.C. Power of court to summon, recall, re-examine a person during course of inquiry, trial or other proceedings.
Section 13 (e) Arms Ordinance, 1965. Appreciation of evidence.
Sections 11 and 13-A of West Pakistan Urban Rent Restriction Ordinance 1959. Permission of Rent Controller for Conversion of residential building into non-residential building, and issuance of notice of ownership to the tenant.
Section 7(e) of Anti Terrorism Act 1997. Kidnapping for ransom, an act of terrorism.
Article 164 Limitation Act, 1908. Computation of time if service not proper.
Sections 302, 34 PPC. Appreciation of Report of Firearms Expert.
Section 13 (e) Arms Ordinance, 1965. Disclosure of accused on last day of remand raised doubts about its genuinity.
Section 42 of Specific Relief Act. Claim be established by specific evidence.
Order XXXIII Rule 10 CPC, Calculation of required court fee by the court if no permission to sue as pauper.
Section 9 (c) of Control of Narcotics Substances Act, 1997. Defective investigation.
Sections 9(c), 21 & 22 of Control of Narcotic Substances Act, 1997. Proper appraisal of evidence.
Sections 9(c), 21, 22 & 23 of Control of Narcotics Substances Act, 1997. Liability of recovery effected by an officer below the rank of Sub-Inspector
Sections 302, 324 & 337-D PPC, Section 164 Cr.P.C. Evidentiary value of confessional statement.
Sections. 302 & 324 of Pakistan Penal Code and Section 13(e) of West Pakistan Arms Ordinance, 1965, Contradiction in the F.I.Rs, benefit of doubt to be extended to an accused.
Section 54-C of Electricity Act 1910. Bar of jurisdiction on civil courts.
Sections 4(b) and 13(e) of West Pakistan Arms Ordinance, 1965 appreciation of evidence before making moderate reduction.
Section 302(b) PPC Lenient view once taken by the Trial Court, no further reduction was required in the matter.
Sections 42 & 54 Specific Relief Act, 1877. Effect of absence of valid title.
Sections 42 & 54 Specific Relief Act, 1877, Section 81 CPC. Effect of adverse plea.
Section 47 CPC. Court in execution of decree cannot go behind the decree.
Sections 409 & 420 PPC and S. 5 (2) Prevention of Corruption Act, 1947, Criminal breach of trust, cheating and corruption, needs specific evidence.
Order XLVII Rule 1 Civil Procedure Code. Scope of review was narrow; no major alteration can be made in the order.
Sections 42, 53, 54 & 55 of Specific Relief Act 1877, plaintiffs had to prove their title in disputed property at the first instance, then to claim damages on the basis of title.
Section 13(e) of Arms Ordinance 1965 and Rule 43 of Arms Rules, 1924, re-calling of orders for confiscation, principle.
Sections 42 & 54 Specific Relief Act, 1877, Order VII, Rule 11 CPC. No suit must fail on ground of lack of proper description of property in dispute.
Order VII Rule 7 & Order VI Rule 17 of Civil Procedure Code. Relief to be granted as prayed in the plaint.
Section 42 Specific Relief Act 1877 and Order 1 Rule 10 & Order XXXIX Rule 2 CPC.
Section 392 PPC. Need of holding identification parade.
Sections 42 & 54 Specific Relief Act, 1877. Initial burden lay on the plaintiff to establish subsistence of right of ownership with him.
Section 337-H (ii) of Pakistan Penal Code. Section 435 of Criminal Procedure Code, 1898). Acquittal of accused on acceptance of compromise.
Sections 42 & 54 Specific Relief Act, 1877. On cancellation of mutation entries the property was not to be recorded in the names of the plaintiffs as no title devolved on them.
Sections 42 & 54 Specific Relief Act, 1877. Burden on plaintiffs to establish their title.
Section 115 CPC. Petition filed without lawful authority, consequences.
Order VII Rule 2 Civil Procedure Code, 1908 and Article 52 of the Limitation Act, 1908. Computation of time for suit for recovery of money.
Section 47, Order XXI Rule 10 & Section 23-A CPC. Sections 8 & 42 of Specific Relief Act, 1877.
Sections 2(c), (i), 13(2) (i), (3) (a) (ii) & 15 of West Pakistan Urban Rent Restriction Ordinance, 1959. Ejectment of tenant on grounds of default in payment of rent and bona fide personal requirement.
Sections 42 & 55 Specific Relief Act, 1877. Plaintiff has to prove his own case.
Sections 3, 4, 5 & 9 of Illegal dispossession Act, 2005. The procedure to be adopted.
Section 13(e) of Arms Ordinance 1965. Effect of non production of case property.
Order XXI Rule 10, Sections 48 & 100 CPC. Section 8 & 12 of Specific Relief Act, 1877, Article 181 of Limitation Act, 1908, Execution of decree, Application for, Limitation. Time limit for filing of fresh application.
Section 13(d)(e) Arms Ordinance, 1965 and Section 423(1)(b) Criminal Procedure Code, 1898), instances for moderate reduction.
Sections 42 & 54 Specific Relief Act, 1877 and Order VII, Rule 11 Civil Procedure Code, 1908.
Article 76 of Qanoon-e-Shahadat Order, 1984. Principle for producing secondary evidence.
Valuation of suit for court fee and jurisdiction as assessed in the plaint by the plaintiff was to be relied upon, until proved contrary.
Sections 392/34 PPC. Proper identification of nominated accused person.
Order VII Rule 2, Order IX Rule 13 & Order XLIII Rule 1(c) (d) Civil Procedure Code. Effect of negligence of a counsel and the party.
Section 13(e) of Arms Ordinance 1965, Section 17(2) of Offences Against Property (Enforcement of Hudood) Ordinance, 1979, Section 423 of Criminal Procedure Code, 1908).
Section 498 Criminal Procedure Code. Grounds for refusal of pre-arrest bail.
Sections 3, 4, 5, 6, 7 & 9 of Illegal Dispossession Act 2005 and Section 248 of Criminal Procedure Code, 1898. Withdrawal of complaint.
Section 13(e) of Arms Ordinance 1965. Proper appreciation of evidence.
Order XXXVII Rules 2, 3, Order XLIII Rule 1, Sections 104 & 115 CPC. Revisional jurisdiction of High Court.
Effect of non establishing of valid title in favour of predecessor-in-interest.
Sections 13(f) of Probation of Offenders Ordinance, 1960), Sections 8 & 13 of Recovery of Arms Ordinance 1965. Concealment of facts and its consequences.
Sections 453 & 380 of Pakistan Penal Code and Sections 35 & 397 of Criminal Procedure Code, 1898.
Sections 5, 6 & 9, 45 & 45 of Specific Relief Act, 1877. Ground for making interference in concurrent findings of courts below.