Important Case Laws

(2000 MLD 1155)

"DISMISSAL OF SUIT WITHOUT RECORDING EVIDENCE IS ILLEGAL"

(2010 SCMR 984)

"Courts have power to grant an affective and ancillary relief even if not prayed for ,if other party
entitled for such kind of relief"

(2016 MLD (Lahore) 1774)

""In the absence of father of the minor , mother was the natural guardian of the minor, as she could
better look after her minor especially daughter, she could not be deprived of the custody of minor
merely on the ground that she did not have sufficient source of income.

2016 MLD (LAHORE) 1674

INHERITENCE
"WHEN MUSLIM OWNER DIED HIS SUCCESSION WOULD OPEN AND DEVOLVE UPON THE
LEGAL HEIRS AS PER ISLAMIC SHARE"

(2016 MLD LAH 1793)

SECTION..163..LAND REVENUE ACT..1967..REVIEW..LIMITATION..
"NINETY DAYS PERIOD HAD BEEN PROVIDED FOR FILING REVIEW PETITION BEFORE THE
REVENUE OFFICER"

(2016 C.L.C LAH 81)

Death of principal..effect..
"General power of attorney stands automatically terminated with the death of principal"

2015 PCr.LJ 193)

DISHONOUR OF CHEQUE..SECTION.497 (2)..CR.PC...
REGISTRATION OF MANY CASES AGAINST THE ACCUSED WOULD BE NO GROUND TO
REFUSE HIM BAIL,HIGH COURT GRANTED BAIL TO ACCUSED.

2015.PLJ.CR.C.PESH.504)
(BAIL ON COMPROMISE IN RAPE CASES)
"That accused committed rape with minor girl, and applied for his bail, the Court of law can not grant
bail to accused in such like society offence, save the honour and dignity of citizens are also
fundamental duty of the Court, bail of accused was cancelled"
(PLD.2001.Supreme Court.213)
SECTION.10 & 42..S.R.A..1877...
SUIT OF POSSESSION..
"Suit for possession is not maintainable without seeking declaration in respect of title"

2016.YLR.pesh.89
ORDER..XXIII..R.3..SECTION..11....
"Bar to file fresh suit..Consent decree..effect..compromise decree..or order is a contract between
parties to suit and it breach will give cause of action to them to approch the court to seek remedy
available to aggrieved parties is to file either review or fresh suit.

(2016.C.L.C.LAH.95)
PUNJAB HEALTH CARE.ACT...
Section..13..Unregistered Health care service provider,Status of.....
"Any person who did not fulfil criteria given under section.13. Of Punjab health care service
Act.2010.would fall within definition of "quack"and were liable to be prosecuted"

2016.C.L.C.LAH.114
"Suit for declaration was not maintainable on the basis of agreement to sell."

(2011.SCMR.232)
"NO ONE CAN BE A JUDGE OF HIS OWN CAUSE"

(PLD.2016.LAH .570.)
"That document produced by the defence witness, depicted electronically generated evidence, which
in term of art.73 of Qanon-e-Shahdat 1984.could be considered primary evidence"

PLD.2016.LAH.87.
ORAL GIFT...SCOPE..
"ORAL GIFT WAS PERMISSIBLE BUT SAME WAS REQUIRED TO BE PROVED BY
PRODUCTION OF PERSUASIVE AND TRUSTWORTY EVIDENCE"

(PLJ.2008.LAH.165)
"ORDER.7 RULE.11 CPC IS NOT APPLICABLE ON FAMILY MATTERS/DISPUTES."

(2009.MLD.1427)
"DURING PENDENCY OF EXECUTION PETITION RELATED TO MAINTENANCE ALLOWANCE
PETITION FOR ENHANCEMENT OF MAINTENANCE ALLOWANCE CAN BE FILED IN FAMILY
COURT.
(PLJ.2007.S.C. (AJ&K)72.)
"IN DEFAULT OF DOWER AMOUNT THE WIFE CAN FILE DISSOLUTION OF MARRIAGE CASE
AND CAN OBTAIN DECREE OF DISSOLUTION OF MARRIAGE ON BASIS OF KHULA ON SUCH
SOLE GROUND FROM FAMILY COURT.

(NLR.2008.LAH.509)
"FATHER IN LAW CAN ALSO GIVE DOWER TO HIS SON's WIFE AT THE TIME OF MARRIAGE
OR LATER ON.

(PLJ.2008.Lah 108.)
"If Condition of damage is mentioned in Nikah Nama then civil remedy will be invoked"

(2009.CLC .390)
"Where wife resides, there Family Court has jurisdiction to try the family matter"

(2010.CLC.87)
DOWER...
Family Court can try such suit, if husband was granted house in shape of dower at the eve of
marriage of wife.

(SCMR.2016.1538)
Section..497..crpc..Bail..Scope..
"Delay of more than two years in conclusion of trial even after lapse of two years, the conduct of an
accused seeking adjournments could be taken note of and bail could be denied by a court of law
even in the statutory ground.

(2016 SCMR 910)

(ISLAMIC LAW - INHERITENCE-
CO-SHARER...
"Legal heir in exclusive possession of suit property has to be considered to be in constructive
possession of the property on behalf of the other heirs.

(SCMR.2016.1019)
Criminal Trial...proof..Standard of proof....
Strong suspicion...
"Suspicion howsoever grave or strong could never be a proper subtitute for proof beyound
reasonable doubt required in a criminal case"

(PLD.2003.S.C.39)
Expert opinion...
"Normally it is not safe to treat expert evidence as to handwritting sufficient base for conviction"
(2016 SCMR 1554)
CRIMINAL TRIAL..
"Identification Prade of an accused person before the trial court during the trial will amount unsafe
practice"

(2016 SCMR 447)

Investigation launched without jurisdiction will unlawful and also laiable to be struck down.

(2016 YLR LAH 551)

Order.XXIII Rule.1CPC...Withdrawal of suit..
Filing of fresh suit..Bar..Applicablity..
"When second suit was filed on same cause of action during pendency of fresh suit, which was
subsequiently withdrawn. Then order xxviii rule1 was not applicable

(2016 SCMR 621)

Control of norcotis substances Act.1997..
Section..34...Narcotics..testing Labortory..
Chemical examiner..opinion of..
"Chemical examiner had a heavy responsibility to give well reasoned report in regard of narcotic .

(2016 SCMR 251.)

SECTION.46..ELECTION TRIBUNAL..POWER OF RECOUNTING OF VOTES..ORDER
FOR..RECORDING OF EVIDENCE NOT ESSENTIAL..
"REORDING OF EVIDENCE WAS NOT ESSENTIALLY REQUIRED. TRIBUNAL MAY OR IT'S OWN
ORDER A RECOUNT.

(2016.YLR .Sindh.29)
Islami Law..Gift..Ingredients..
Ingredients of gift were offer, acceptance and delivery of possession of corpus of gift.

(2016 SCMR 40)

...Error by Court ...
Blame for such error cannot be shifted to the party to the suit,in view of principle of no one shall
prejudice an act of the court.

(2016.MLD. Sindh.742.)
ISLAMIC LAW...MAINTENANCE...
Father is bound to maintain his child regardless of his own financial position.

(2016 SCMR 763)

ISLAMIC LAW...
INHERITENCE.CUSTOM OF SURRENDERING INHERITED SHARE BY FEMALE LEGALE HEIRS
IN FAVOUR OF THEIR RELATIONS IS QUITE UN-ISLAMIC AND AGAINST THE TEACHINGS OF
ISLAM AND HAS ANY VALUE IN THE EYES OF LAW.

(2016.Y.L.R.SINDH.41)
Section..52. (T.P.A.) Lis pendence...
Transfer of property during pendency of suit could not defeat the right of the party to the proceedings
under decree or order which might be made in suit.

(2016.YLR.LAHORE 36)
Section.42.of Specific Relief Act.
Declararltory Decree..Declaratory decree could declare a pre-existing right and could not create a
new right.
(2016.YLR.SINDH.25)
SECTION..156..173..
INVESTIGATION.... INVESTIGATION SHOULD COMPLETE AS EARLY AS POSSIBLE WITHIN
PRESCRIBED TIME WITHOUT ANY UNNECESSARY DEAY AND SUBMITTED CHALLAN IN THE
COURT OF COMPETENT JURISDICTION WITHIN 14 DAYS.

PLD 2012 S.C 923

NULLIFICATION OF JUDGMENT:-
Legislation could overcome the effect of any judgment of the superior court by way of legislature..

(PLD.2016.LAH.460)
Section.. 92 CPC. Suit related to public charities...permission Advocate -General to file
suit..Condition..if trust consist upon public purpose and property involved then permission is
necessary prior to file suit...otherwise not.

(PLD 2004 S.C 220)

Minority view...
Minority opinion in a judgment can not be cited as law before the Court.

( 2012 SCMR 743)

(INDUSTRIAL RELATIONS ORDINANCE.2002)
...SECTION.2 (XXX) &..46...
A Workmen removed from service without serving any show cause notice from service. Petitioner
filed grievance petition before labour court being aggrieved, the employer took stance that employee
is not workman and petitio is not maintainable labour court and appellate court dismissed petitioner
petition, High Court also declined to give relief but Supreme Court accepted petition of the
petitioners.
(2016 SCMR 274)
Section.342 crpc.. Evidence..
Conviction and sentence...Scope..
Piece of evidence not put to an accused during his/her examination under section 342 crpc could not
be used against him/her for maintaining conviction and sentence.

(2015.SCMR.21)
Order.viiii.Rule.I.CPC. ..Written statement..
Admitted fact..Admitted facts need not to prove, especially when such admission has been made in
the written statement.
[4/28, 7:41 AM]

Latest Bail citation on 9c bail was allowed on delay in sending samples

Criminal Procedure Code (V of 1898)---
----S. 497---Control of Narcotic Substances Act (XXV of 1997), Ss. 9(b) & 9(c)---Control of Narcotic
Substances (Government Analysts) Rules, 2001, R. 4(2)---Possession, import and export, trafficking
or financing trafficking of narcotic drugs, etc.---Bail, grant of---Delay in sending samples of narcotics
for chemical analysis---Quantity of recovered narcotics falling under borderline cases---Samples of
the recovered contraband substances had been sent for chemical analysis with delay of seven
days---Lapse on part of the police in sending the contraband substance for chemical analysis within
the stipulated period, had made the case of the accused that of further inquiry---Quantity of narcotic
substances allegedly recovered from the accused exceeded the borderline case falling between the
offence under Ss. 9(b) & 9(c) of Control of Narcotic Substances, Act, 1997---All prosecution
witnesses were police officials; hence, there was no chance of the accused tampering with the
evidence---Accused had been behind bars for four and half months, and no prosecution witnesses
had been examined so far--- Bail application was allowed accordingly.
Inayat Ullah v. The State 2006 PCr.LJ 840; Dilla Baz Khan v. The State 2008 PCr.LJ 1437; Ghulam
Abbas v. The State 2011 YLR 1723; Asif Ali v. The State 2013 YLR 1241 and Sherin Muhammad v.
The State 2006 PCr.LJ 726 rel.
Mahboob Ali v. The State 2007 YLR 2968 ref.
Wazir v. The State 2003 YLR 1163; Waris Ali v. The State 2006 PCr.LJ 1745; Hanook Babar Masih v.
The State 2007 YLR 3105; Muhammad Javed v. The State 2009 PCr.LJ 1427 and The State v. Abul
Ghanni 2010 SCMR 61 distinguished.
2016 P Cr. L J 1315
[Islamabad]
Before Aamer Farooq and Miangul Hassan Aurangzeb, JJ
MUHAMMAD SHAFIQUE---Petitioner
Versus
The STATE---Respondent