فیصلے

Section 9 (c) of Control of Narcotics Substances Act, 1997. Defective investigation.

Sections 12(2) & 151 Civil Procedure Code.

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.

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.

Sections 11 & 115 CPC. Res judicata.

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.

Section 448 PPC. Effect of delay in filing of FIR.

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.

Sections 8, 42 & 54 Specific Relief Act, 1877.

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.