فیصلے

O. XXI, R. 32 CPC. Undertaking given by judgment debtor before High Court in first round of litigation not to interfere in smooth running of water channel and its utilization. Judgment debtor was required to honor such undertaking.

Islamic law. Pre-emptor had failed to prove first Talb-e-Muwathibat-Suit was dismissed in circumstances.

Ss. 47 & 48, 3 & Article 181 of Limitation Act. Appeal or proceedings instituted beyond prescribed period of limitation was liable to be dismissed u/s S. 3 of Limitation Act, 1908.

Ss. 33, 52, 68 & 69 RPA, 1976. Statements of Polling Staff, particularly the Presiding Officer and others had fully established allegations levelled by the petitioner about rigging, as such, the petition was allowed.

Ss. 47-A & 52 RPA 1976. Petitioner could not claim to be at Serial No. 1 of Priority List merely because of having his name at Serial No.1 of Form-V---Election petition was dismissed in circumstances.

Ss. 47-A & 52 of Conduct of General Election Order (Chief Executive's Order No. 7 of 2002). No legal power vested in Party President to change, alter, substitute,, amend or file a fresh Priority List after last date fixed by CEC for filing of Priority List.

 S.32 of Senate (Election) Act, 1975. Petitioner's request for recounting of votes already turned down by Returning Officer could not create a bar for maintaining election petition.

S. 115 of CPC & Ss. 42 & 54 of Specific Relief Act. Both the courts below after proper appraisal of evidence, had reached at concurrent findings of fact which neither reflected misappreciation of evidence, nor suffered from any legal infirmity. Such concurrent findings of fact were not liable to be disturbed by High Court in exercise of its revisional jurisdiction.

S. 324/34 PPC.  Since allegation against other two accused persons was of ineffective firing, their case falls within the scope of subsection (2) of S.497, Cr.P.C.

Ss. 13 & 15 of West Pakistan Urban Rent Restriction Ordinance, 1959. Seeking time for recording tenant’s statement without filing any affidavit, did not seem to be reasonable and rational.

Ss. 13 & 15 West Pakistan Urban Rent Restriction Ordinance, 1959. Actual rate of rent was Rs.500/- but tenant had been depositing rent at the rate of Rs.150/- p.m. as such the Rent Controller had rightly accepted ejectment application filed by landlord on ground of default in payment of rent.

S. 302 of PPC. On the application of a prosecution witness who alleged that he was facing threat to his life and keeping in view prevailing conditions in the area, the witness's apprehension was genuine and justifiable, therefore, witness was allowed to be examined in jail.

S.392 of Offences Against Property (Enforcement of Hudood) Ordinance, 1979, S.17(3)---Robbery and Haraabah. Motorcycle, mobile etc. having been snatched by show of force, particularly by showing pistol to complainant, that S.17(3) of Offences Against Property (Enforcement of Hudood) Ordinance, 1979 relating to Haraabah, was applicable.

Ss.52 & 75 of RPA 1976). On the death of respondent/returned candidate the election petition would not abate, rather same would require disposal by Tribunal by initiating ex parte proceedings.

Ss. 376 & 354 PPC.  Statements of prosecution witnesses lacking consistency, therefore, accused is entitled for bail.

Ss.337-A, 337-D & 337-F PPC. Application for F.I.R. lodged with inordinate and considerable delay, possibility of lodging of F.I.R. after consultation and deliberation, could not be ruled out.