Latest Judgments

Newly reported judgments from the Supreme Court of Pakistan, the High Courts and tribunals, added as they are processed — free, full text, updated daily. Judgments marked NEW were added in the most recent update. 79,348 judgments in total from the Lahore High Court.

• Mukhtar Ahmad vs The State2012 YLR 1345 · Lahore High Court · 2012-01-25
  criminal appealsudden provocationself-defenseocular evidenceSection 342 statementmurder convictionacquittal appealpremeditation
  Summary & questions settled

  This criminal appeal challenged a conviction under Section 302(b) of the Pakistan Penal Code 1860 for murder. The core legal question was whether the prosecution proved its case beyond reasonable doubt or if the appellant’s plea of sudden provocation and self-defense, raised under Section 342 of the Code of Criminal Procedure 1898, was sustainable. The Lahore High Court held that the prosecution’s ocular evidence was unreliable and inconsistent. Consequently, the Court accepted the appellant’s defense version in its entirety, finding that the incident occurred without premeditation when the appellant discovered the deceased attempting to commit Zina-bil-Jabr with his sister. The Court held that where the prosecution fails to prove its case, the accused's statement under Section 342 of the Code of Criminal Procedure 1898, if accepted as a whole, must be evaluated to determine the appropriate offense. The Court converted the conviction from Section 302(b) to Section 302(c) of the Pakistan Penal Code 1860, ruling that the act resulted from sudden provocation rather than premeditated murder, and reduced the sentence accordingly.

  Questions settled

  • Can a conviction under Section 302(b) of the Pakistan Penal Code 1860 be converted to Section 302(c) where the act was committed without premeditation?
  • Should an accused's statement under Section 342 of the Code of Criminal Procedure 1898 be accepted in its entirety when the prosecution's evidence is found unreliable?
  • Does an incident occurring during an attempt to commit Zina-bil-Jabr constitute sudden provocation under the Pakistan Penal Code 1860?
  • Is an appellate court justified in interfering with an acquittal order where the trial court's appreciation of evidence was sound?
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• Mukhtar Ahmad vs The State and anothers2012 YLR 2228 · Lahore High Court · 2012-05-15
  post-arrest bailzinafurther inquirychemical examiner reportsemen groupingevidentiary valuecriminal procedure
  Summary & questions settled

  This petition for post-arrest bail arises from an F.I.R. registered under Section 376 of the Pakistan Penal Code 1860, alleging the offence of zina. The petitioner sought bail on grounds of false implication, unexplained delay in lodging the F.I.R., and the absence of forensic evidence linking him to the crime. The core legal question was whether the prosecution had established a prima facie case sufficient to deny bail, specifically regarding the evidentiary value of positive chemical examiner reports in the absence of DNA or semen grouping. The Court held that the case fell within the scope of further inquiry under Section 497(2) of the Code of Criminal Procedure 1898. It reasoned that the lack of DNA testing or semen grouping rendered the chemical examiner's report inconclusive, and the absence of violence or resistance marks on the complainant further weakened the prosecution's case. Consequently, the Court granted bail, establishing that without matching semen samples, positive chemical reports lack sufficient evidentiary value to preclude bail in zina cases.

  Questions settled

  • Does the absence of DNA testing or semen grouping render a positive chemical examiner report insufficient to deny bail in a zina case?
  • Can a case be considered one of further inquiry under Section 497(2) of the Code of Criminal Procedure 1898 when forensic evidence is inconclusive?
  • Does the lack of physical marks of violence or resistance on a complainant in a zina case constitute grounds for granting post-arrest bail?
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• MuhammadRamzan vs Muhammad Yaqoob2012 C.L.R. 535 · Lahore High Court · 2011-06-22Read full judgment →
• Muhammad Zubair vs Muhammad Tahir Shafique and another2012 C.L.R. 976 · Lahore High Court · 2012-02-09Read full judgment →
• Muhammad Zubair and 5 others vs Government of Pakistan through Secretary Health, Islamabad and 22 others2012 CLC 1071 · Lahore High Court · 2011-11-15
  Admission criteriaMedical collegesEntry testPMDC regulationsConstitutional petitionEstoppelEquality before lawRegulatory authorityJudicial review of policyPrivate medical colleges
  Summary & questions settled

  This judgment addresses multiple writ petitions challenging the weightage criteria established by the Pakistan Medical and Dental Council (PMDC) for entry tests for admission to MBBS/medical colleges. The petitioners contended that PMDC exceeded its authority, the criteria were illogical, discriminatory, retrospective, and violated constitutional articles. The Lahore High Court dismissed the petitions, holding that PMDC, as a statutory regulatory authority, is fully competent under Section 33(2) of the PMDC Ordinance, 1962, to formulate national policy and regulations, including admission criteria, to ensure uniformity across medical institutions. The Court found that the petitioners, having appeared in the entry test without objection, were estopped by their conduct from challenging the criteria. It was further held that the principle of equality applies among equals and does not mandate mathematical exactness. While upholding PMDC's authority and dismissing the petitions, the Court directed PMDC to reconsider the high weightage given to the entry test for future admissions and to devise policies for private medical colleges regarding merit, fee structure, and accommodation for underprivileged students.

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• Muhammad Zubair alias Muhammad Javaid vs Additional Sessions2012 PLJ Lahore 191, 2012 CLC 525 · Lahore High Court · 2011-10-17Read full judgment →
• Muhammad Zubair alias Manham vs State and anotherPLJ 2012 Cr.C. (Lahore) 661 · Lahore High Court · 2012-06-11
  post-arrest bailprohibitory clausefurther inquirymurderous assaultcriminal procedure
  Summary & questions settled

  This matter comes before the Lahore High Court through a criminal petition filed by Muhammad Zubair alias Manham seeking post-arrest bail in case FIR No. 481 of 2011 registered under Sections 324 and 337-F(ii) of the Pakistan Penal Code 1860 at Police Station Faqir Wali, District Bahawalnagar. The core legal question concerns whether the petitioner is entitled to post-arrest bail where injuries sustained are not on vital parts, do not fall within the prohibitory clause of Section 497(1) of the Code of Criminal Procedure 1898, and trial has not commenced. The court held that the case falls within the ambit of further inquiry under Section 497(2) of the Code of Criminal Procedure 1898, noting that keeping the accused behind bars for an indefinite period without submission of the report under Section 173 serves no useful purpose. Consequently, the petition was accepted and post-arrest bail was granted to the petitioner subject to furnishing surety bonds.

  Questions settled

  • Whether an accused is entitled to post-arrest bail when the offences charged do not fall within the prohibitory clause of Section 497(1) of the Code of Criminal Procedure 1898?
  • Does the lack of commencement of trial and failure to submit a report under Section 173 of the Code of Criminal Procedure 1898 justify granting bail on the ground of further inquiry under Section 497(2)?
  • Whether injuries not situated on vital parts of the body and declared non-dangerous to life take the case out of the prohibitory clause?
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• Muhammad Zeeshan vs State and anotherPLJ 2012 Cr.C. (Lahore) 198 · Lahore High Court · 2011-09-16
  post-arrest bailstatutory delaydelay in trialrobberycriminal procedure
  Summary & questions settled

  This matter comes before the Lahore High Court through a petition filed under Section 497 of the Code of Criminal Procedure 1898, whereby the petitioner seeks post-arrest bail in case FIR No. 104/2010 registered under Sections 392 and 411 of the Pakistan Penal Code 1860 at Police Station City Karor Pacca, District Lodhran. The core legal question is whether the petitioner is entitled to post-arrest bail on statutory grounds due to the delay in the conclusion of the trial. The court held that the petitioner is entitled to the concession of bail on statutory grounds as he has been detained for over a year without conclusion of the trial, is not a previous convict, has no other pending cases, and the delay is not attributable to him. The key principle laid down is that an accused person is generally entitled to statutory bail when the trial is unduly delayed, provided the delay is not occasioned by the accused and they do not fall within the exceptions of being a hardened, desperate, or dangerous criminal.

  Questions settled

  • Is an accused entitled to post-arrest bail on statutory grounds when the trial is not concluded within one year?
  • Does delay in the conclusion of the trial not attributed to the petitioner furnish a ground for bail under Section 497 Cr.P.C.?
  • Whether a previous non-convict with no other pending criminal cases is entitled to bail when not considered a hardened or dangerous criminal?
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• Muhammad Zaman vs Uzma Bibi and 4 others2012 CLC 24 · Lahore High Court · 2011-07-27
  dissolution of marriagekhulaterritorial jurisdictionAzad Jammu and Kashmircitizenshipinterlocutory ordermaintenancealien enemyfamily court
  Summary & questions settled

  This constitutional petition challenged the jurisdiction of the Family Court, Gujrat, in a suit for dissolution of marriage and maintenance filed by a wife and her children. The petitioner (husband) contended that since the parties were subjects of Azad Jammu and Kashmir and the marriage was solemnized there, the West Pakistan Family Courts Act, 1964, was inapplicable. The High Court first clarified that an order finally deciding the question of jurisdiction is not an interlocutory order and is thus appealable under Section 14 of the Act. On the merits of jurisdiction, the Court held that under Section 14(b) of the Pakistan Citizenship Act, 1951, subjects of Jammu and Kashmir residing in Pakistan are deemed citizens. Furthermore, the Court ruled that the West Pakistan Family Courts Act, 1964, does not exclude non-citizens from its jurisdiction. Jurisdiction is established if the wife ordinarily resides within the court's local limits or if the cause of action arises there, as per Rule 6 of the Family Courts Rules, 1965. The petition was dismissed.

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• Muhammad Zahid vs State and anotherPLJ 2012 Cr.C. (Lahore) 781 · Lahore High Court · 2011-06-15
  post-arrest bailillicit intercoursebrothelfurther inquirycriminal procedurebail application
  Summary & questions settled

  The petitioner filed a petition for post-arrest bail in connection with FIR No. 216/2011, registered under Sections 371-A and 371-B of the Pakistan Penal Code 1860, at Police Station City Ali Pur, District Muzaffargarh. The prosecution alleged that the petitioner was apprehended at a brothel while preparing to commit adultery. The core legal question was whether the material on record established a prima facie case for the offenses charged, specifically regarding the hiring or possession of a woman for illicit intercourse. The Court observed that the prosecution witnesses merely reiterated the FIR contents and failed to provide evidence that the petitioner had hired any woman or taken possession of her person for illicit intercourse. Furthermore, the Court noted that the mere presence of the petitioner at the premises did not substantiate the allegation of running a brothel or gathering for adultery. Consequently, the Court held that the case required further inquiry and investigation. The bail application was accepted, and the petitioner was admitted to post-arrest bail upon furnishing bail bonds.

  Questions settled

  • Does the mere presence of an individual at a suspected prostitution den constitute sufficient evidence to establish an offense under Sections 371-A and 371-B of the Pakistan Penal Code 1860?
  • When does a criminal case warrant further inquiry for the purpose of granting post-arrest bail?
  • Is the absence of evidence regarding the hiring or possession of a woman for illicit intercourse a valid ground for granting bail in cases involving Sections 371-A and 371-B of the Pakistan Penal Code 1860?
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• Muhammad Zafeer Abbasi Etc vs Province Of Punjab, Etc.K.L.R. 2012 Civil Cases 132 · Lahore High Court · 2012-01-19Read full judgment →
• Muhammad Zafar, etc. vs Raja Ghulam Ali Bhatti Conclusion2012 C.L.R. 633 · Lahore High Court · 2012-01-11Read full judgment →
• Muhammad Zafar vs The State and another2012 P Cr. L J 1549 · Lahore High Court · 2012-04-27
  post-arrest baildishonoured chequecivil disputefurther inquiryprohibitory clauserecovery mechanismbenefit of doubt
  Summary & questions settled

  This matter comes before the Lahore High Court through a petition filed under section 497, Code of Criminal Procedure 1898, wherein the petitioner sought post-arrest bail in a case registered under section 489-F, Pakistan Penal Code 1860 relating to the dishonour of a cheque. The core legal question revolved around whether the petitioner was entitled to bail given that the investigating officer found the FIR's allegations doubtful, a prior civil suit for rendition of accounts was pending between the parties, and the offence did not fall within the prohibitory clause of section 497, Code of Criminal Procedure 1898. The court held that the case called for further inquiry under subsection (2) of section 497, Code of Criminal Procedure 1898, noting that criminal law cannot be used as a pressure tactic to settle civil disputes or as a recovery mechanism. Consequently, the bail petition was allowed. The key principles laid down are that the benefit of any doubt arising during investigation must be extended to the accused even at the bail stage, section 489-F, Pakistan Penal Code 1860 is not meant for recovering disputed amounts, and for offences outside the prohibitory clause, grant of bail is the rule while refusal is an exception.

  Questions settled

  • Whether an accused is entitled to post-arrest bail when the investigating officer finds the allegations in the FIR doubtful?
  • Does an offence under section 489-F, Pakistan Penal Code 1860 fall within the prohibitory clause of section 497, Code of Criminal Procedure 1898?
  • Can criminal proceedings under section 489-F, Pakistan Penal Code 1860 be utilized as a coercive mechanism for the recovery of money or the settlement of a civil dispute?
  • When does a case qualify for further inquiry under subsection (2) of section 497, Code of Criminal Procedure 1898?
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• Muhammad Zafar and another vs Punjab Provincial Co-Operative2012 MLD 571 · Lahore High Court · 2011-11-22Read full judgment →
• Muhammad Zafar (Electrician), Market Committee, Ahmedpur East, Bahawalpur vs Administrator, Market Committee, Ahmedpur East District Bahawalpur and another2012 PLJ Lahore 119 · Lahore High Court · 2011-07-12Read full judgment →
• Muhammad Yusuf and anothers vs The State2012 YLR 1992 · Lahore High Court · 2011-10-06
  Anti-TerrorismCriminal AppealOcular AccountMedical EvidenceBenefit of DoubtAppreciation of EvidenceTwo Versions
  Summary & questions settled

  This criminal appeal challenges the convictions and sentences imposed by the Anti-Terrorism Court against the appellants for their alleged involvement in a firing incident against a police raiding party. The core legal question was whether the prosecution proved the appellants' guilt beyond reasonable doubt, given the conflicting ocular evidence and the acquittal of co-accused based on the same testimony. The Lahore High Court held that the prosecution's case was riddled with inconsistencies and exaggerations. The court found that the ocular account was contradicted by medical evidence and the site plan, rendering the prosecution's narrative of the shooting physically improbable. Furthermore, the court noted that the trial court acted injudiciously by accepting the prosecution's evidence against the appellants while rejecting it for the co-accused. The key principle laid down is that when a prosecution case relies on a single version of events that is contradicted by physical and medical evidence, and where the evidence is deemed unreliable for co-accused, it cannot sustain a conviction against the remaining appellants. Consequently, the court set aside the convictions and acquitted the appellants.

  Questions settled

  • How should a court adjudicate a case involving two conflicting versions of events?
  • Can a conviction be sustained when the ocular account is contradicted by medical evidence and the site plan?
  • Is it legally sound to convict appellants based on evidence that was rejected for their co-accused in the same trial?
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• Muhammad Yousaf Khan vs The State and others2012 YLR 2725 · Lahore High Court · 2011-12-13
  cancellation of bailpre-arrest bailmisuse of bailcriminal procedureunlawful assemblyinvestigation findings
  Summary & questions settled

  This criminal petition was filed by the complainant under Section 497(5) of the Code of Criminal Procedure 1898, seeking the cancellation of pre-arrest bail granted to respondent No. 2 by the Additional Sessions Judge. The petitioner alleged that the respondent had caused injuries to the victim and that the weapon of offense remained unrecovered. The respondent contended that investigation revealed the alleged victim was not present at the scene of the occurrence. The Court held that the considerations for cancelling bail are distinct from those for granting it, requiring proof of misuse of the concession, such as absconding, hampering investigation, or threatening witnesses. Finding that the investigation supported the conclusion that the alleged victim was not present at the scene and noting no evidence that the respondent had misused the bail, the Court affirmed the lower court's order. The principle laid down is that bail, once granted by a competent court, should not be cancelled absent extraordinary circumstances or evidence of misuse of the liberty by the accused.

  Questions settled

  • What are the primary factors that must be established to justify the cancellation of bail once it has been granted?
  • Does the mere allegation of a specific role in causing injury warrant the cancellation of pre-arrest bail if investigation findings contradict the presence of the victim?
  • Are the considerations for cancelling bail identical to those for the initial grant or refusal of bail?
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• Muhammad Yousaf Farooq vs Government of Punjab2012 P Cr. L J 905 · Lahore High Court · 2011-08-17
  constitutional petitionFourth Schedulesection 11EEAnti-Terrorism Act 1997curtailment of libertyproscribed organizationmaintenance of public order
  Summary & questions settled

  This constitutional petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973 was filed by the petitioner seeking a direction against the Secretary, Home Department, Government of Punjab to delete his name from the list prepared under the Fourth Schedule to Section 11EE of the Anti-Terrorism Act, 1997. The core legal question was whether the Home Department could mechanically re-enter a citizen's name in the Fourth Schedule immediately upon deletion without concrete evidence or sound reasoning showing involvement in proscribed or hazardous activities. The Lahore High Court allowed the petition, setting aside the impugned order dated 5-5-2011 and directing the immediate removal of the petitioner's name from the Fourth Schedule. The court laid down the principle that curtailing a citizen's fundamental liberty through placement in the Fourth Schedule requires believable evidence and sound material. Re-entering a person's name arbitrarily and mechanically without disclosing solid reasons or justification violates statutory requirements and constitutional guarantees.

  Questions settled

  • Can a citizen's name be placed or re-entered in the Fourth Schedule of the Anti-Terrorism Act, 1997 without believable evidence or concrete material?
  • Is the mechanical re-entry of a person's name into the Fourth Schedule immediately after its deletion legally sustainable under Section 11EE of the Anti-Terrorism Act, 1997?
  • Can executive authorities curtail fundamental constitutional liberties based on mere bald assertions of secret information?
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• Muhammad Yousaf and others vs Muhammad Younis and others2012 MLD 564 · Lahore High Court · 2011-06-02Read full judgment →
• Muhammad Yousaf And Other vs Haji Abdur Rasheed And OtherK.L.R. 2012 Civil Cases 109 · Lahore High Court · 2011-06-28Read full judgment →
• Muhammad Younis vs Waris Baig, etc.2012 C.L.R. 1569 · Lahore High Court · 2012-05-31
  leasehold rightsfraudulent transferburden of proofappreciation of evidencesecondary evidencespecific particulars of fraudcivil appeal
  Summary & questions settled

  This Regular First Appeal (R.F.A.) challenged a civil court judgment that decreed a suit for declaration, possession, and mandatory injunction in favor of the Respondent. The Respondent alleged that the transfer of his leasehold rights in a property at Fortress Stadium, Lahore, to the Appellants was fraudulent and that no agreement to sell existed. The Appellants contended that a valid sale occurred, evidenced by payment, transfer of possession, and subsequent rent payments to the authorities. The core legal question was whether the Respondent successfully proved the alleged fraud and whether the trial court correctly appreciated the evidence. The High Court held that the Respondent failed to discharge the burden of proving fraud, noting that he provided no particulars of the alleged fraud as required by law. Furthermore, the Court found that the trial court ignored substantial evidence—including the original transfer letter, receipts of rent payments, and correspondence—in favor of focusing on minor contradictions regarding an agreement to sell. The Court emphasized that when fraud is pleaded, strict proof and specific particulars are mandatory. Consequently, the appeal was allowed, the impugned judgment set aside, and the suit dismissed.

  Questions settled

  • Does a party pleading fraud have a legal obligation to provide specific particulars of that fraud in their pleadings?
  • Can a court decide a case based solely on the absence of an original agreement when other primary evidence of transfer exists?
  • Is a party entitled to relief based on a claim of fraud if they fail to explain material facts such as possession and rent payments by the opposing party?
  • Does the failure to produce an original agreement to sell invalidate a transfer if other evidence proves the transaction occurred?
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• Muhammad Younas vs State & anotherPLJ 2012 Cr.C. (Lahore) 908 · Lahore High Court · 2012-10-17
  post-arrest bailnarcotic recoveryheroinborderline casecriminal recordstatutory threshold
  Summary & questions settled

  This matter concerns a petition for post-arrest bail filed by Muhammad Younas, who was charged under Section 9(c) of the Control of Narcotic Substances Act, 1997, following the alleged recovery of 1110 grams of heroin from his possession. The core legal question before the Court was whether the petitioner was entitled to bail given the quantity of the narcotic recovered and the circumstances of the recovery. The Court observed that the recovery involved a quantity that placed the case on the borderline between the offences punishable under Section 9(b) and Section 9(c) of the Control of Narcotic Substances Act, 1997. Furthermore, the Court noted the absence of any prior criminal record regarding the petitioner's involvement in similar offences. Consequently, the Court held that the petitioner was entitled to the grant of bail. The key principle laid down is that where a recovery quantity is borderline between statutory thresholds and the accused has no prior criminal history, the court may exercise its discretion to grant post-arrest bail pending trial.

  Questions settled

  • Is an accused entitled to post-arrest bail when the recovered quantity of narcotics falls on the borderline between two different statutory offences?
  • Does the absence of a prior criminal record influence the court's discretion in granting post-arrest bail for narcotic offences?
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• Muhammad Younas & another vs StatePLJ 2012 Cr.C. (Lahore) 919 · Lahore High Court · 2008-10-29
  murder trialdying declarationprivate complaintbenefit of doubtacquittalcircumstantial evidencelast-seen evidence
  Summary & questions settled

  The appellants filed an appeal against their conviction and sentence under Sections 302(b)/34 and 203 of the Pakistan Penal Code 1860, arising from a private complaint for murder after an initial FIR lodged by one of the appellants was investigated and police submitted a report under Section 173 of the Code of Criminal Procedure 1898. The core legal question revolved around the reliability of the alleged dying declaration and circumstantial evidence, including last-seen evidence and unexplained prolonged silence of close relative witnesses, in establishing guilt beyond reasonable doubt. The Lahore High Court held that the prosecution failed to prove its case as the dying declaration was uncorroborated, contradicted by medical and official evidence, and the result of a concoction, while mere presence and presumptions cannot form the basis of a conviction. The key principle laid down is that a conviction for murder cannot be sustained on weak, uncorroborated dying declarations and speculative presumptions in the absence of reliable eye-witness or direct inculpatory evidence.

  Questions settled

  • Can a conviction for murder be sustained solely on the basis of a dying declaration when it is contradicted by medical evidence and unsupported by independent corroboration?
  • Whether an unexplained prolonged silence by close relative witnesses regarding a dying declaration casts serious doubt on the veracity of the prosecution case?
  • Is a conviction permissible on the basis of presumptions and mere presence of the accused at the scene of the occurrence without direct inculpatory evidence?
  • What is the evidentiary value of a dying declaration that is neither made before a medical officer, a police officer, nor any independent witness?
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• Muhammad Yasin vs Sheikh Muhammad Pervaiz2012 CLC 1141, 2012 CLD 1060 · Lahore High Court · 2012-02-29
  summary suitleave to defendservice of summonscondonation of delaynegotiable instrumentact of courtprocedural irregularity
  Summary & questions settled

  This regular appeal challenged a trial court decree in a summary suit for the recovery of money based on a promissory note. The trial court had dismissed the appellant's application for leave to defend as time-barred and decreed the suit. The core legal question was whether the service of summons complied with the mandatory requirements of Order XXXVII of the Code of Civil Procedure (CPC), specifically regarding the attachment of the plaint and the use of Form 4, Appendix 'B'. The High Court held that the trial court failed to ensure proper service, as the summons did not include the plaint, and the court's subsequent direction to file a written statement caused procedural confusion. Consequently, the Court ruled that the appellant was not solely responsible for the delay, and the trial court's dismissal was improper. The principle laid down is that strict compliance with summary suit service requirements is mandatory, and a party should not suffer due to the acts or omissions of the court. The decree was set aside, and the case was remanded for a fresh decision on the leave to defend application.

  Questions settled

  • Is it mandatory to attach a copy of the plaint with the summons in a summary suit under Order XXXVII of the Code of Civil Procedure?
  • Does a court's direction to file a written statement in a summary suit, instead of an application for leave to defend, constitute sufficient cause for condonation of delay?
  • Can a decree in a summary suit be sustained if the summons served did not comply with the requirements of Form 4, Appendix 'B'?
  • Does the principle that no person should suffer for the act or omission of the court apply to the condonation of delay in filing an application for leave to defend?
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• Muhammad Yar, alias Allah Yar vs State and anotherPLJ 2012 Cr.C. (Lahore) 41 · Lahore High Court · 2011-08-24
  post-arrest bailfurther inquiryabductiondelayed FIRNikahconflicting versionscriminal procedure
  Summary & questions settled

  The petitioner sought post-arrest bail in a criminal case involving allegations of abduction and rape under Sections 380, 365-B, and 376 of the Pakistan Penal Code 1860. The core legal question was whether the petitioner was entitled to bail given the conflicting versions of events, the significant delay in lodging the FIR, and the alleged victim's prior admissions of marriage to the petitioner. The Court held that the petitioner was entitled to bail, observing that the one-month delay in filing the FIR, the lack of evidence regarding force or restraint, and the victim's previous statements admitting to the Nikah rendered the prosecution's case doubtful. The Court emphasized that when the prosecution's narrative is contradicted by the alleged victim's own prior judicial filings and the case presents two conflicting versions, the matter requires further inquiry. Consequently, the Court granted post-arrest bail, noting that the petitioner's continued incarceration served no useful purpose, especially when a co-accused had already been granted bail.

  Questions settled

  • Does a one-month unexplained delay in lodging an FIR create a presumption of false involvement sufficient to warrant bail?
  • Is a case considered one of 'further inquiry' when the alleged victim has provided conflicting statements regarding abduction and marriage?
  • Can bail be granted when the prosecution's case rests on allegations that are contradicted by the alleged victim's prior judicial admissions?
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• Muhammad Yar vs The State and another2011 P Cr. L J 1549 · Lahore High Court · 2011-01-27
  pre-arrest bailbail before arrestabductionmala fideconflicting statementsprohibitory clause
  Summary & questions settled

  This is a petition for pre-arrest bail arising from a criminal case registered under section 496-A of the Pakistan Penal Code 1860, with subsequent addition of section 376, concerning the alleged abduction and enticement of the complainant's daughter, Mst. Kausar Bibi. The core legal question revolves around whether the petitioner has established sufficient grounds of mala fide and further circumstances to warrant the confirmation of pre-arrest bail, particularly in light of the alleged victim's conflicting statements before a Magistrate and the police. The court held that the victim's initial statements before the Magistrate made no mention of abduction and created a strong doubt regarding the prosecution's case, thereby inferring mala fide on the part of the complainant regarding the petitioner's false implication. Consequently, the court confirmed the pre-arrest bail. The key principle laid down is that mala fide for the purpose of pre-arrest bail can be validly inferred from the surrounding facts and circumstances of a case, including material discrepancies between a victim's statements before a Magistrate and subsequent police statements.

  Questions settled

  • Whether pre-arrest bail can be granted when the alleged abductee fails to mention abduction in her initial statements before a Magistrate?
  • Can mala fide for the purpose of pre-arrest bail be inferred from the facts and circumstances of the case?
  • Does an offence falling within the prohibitory clause of section 497 of the Code of Criminal Procedure 1898 outrightly bar the grant of pre-arrest bail when mala fide is established?
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• Muhammad Yar vs Station House Officer, Police Station, City2012 PLJ Lahore 692 · Lahore High CourtRead full judgment →
• Muhammad Yar alias Allah Yar vs State and anotherPLJ 2012 Cr.C. (Lahore) 41, PLJ 2012 Cr.C. (Lahore) 484 · Lahore High Court · 2011-08-24
  post-arrest bailabductionrapefurther inquirydelay in FIRelopementjactitation of marriage
  Summary & questions settled

  Through this petition, Muhammad Yar alias Allah Yar sought post-arrest bail in a case registered under Sections 380, 365-B, and 376 of the Pakistan Penal Code 1860. The core legal question was whether the petitioner made out a case for further inquiry regarding charges of abduction and rape, given conflicting versions including claims of a valid marriage and elopement by the alleged victim, a delayed FIR, and the grant of bail to a co-accused. The Lahore High Court accepted the petition and admitted the petitioner to post-arrest bail. The court held that where the circumstances present a case of two differing versions regarding the nature of the relationship and movement of the alleged abductee, coupled with an unexplained delay in lodging the FIR and pending litigation regarding jactitation of marriage, the matter falls within the scope of further inquiry under Section 497(2) of the Code of Criminal Procedure 1898, entitling the accused to bail.

  Questions settled

  • Whether unexplained delay in lodging an FIR creates doubt regarding the prosecution's case in a bail petition?
  • Does a claim of marriage between the accused and the alleged abductee constitute a case of further inquiry under the Code of Criminal Procedure 1898?
  • Whether the rule of consistency applies when a co-accused has already been granted post-arrest bail?
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• Muhammad Yaqoob vs Mst. Kaneez Fatima, etc2012 PLJ Lahore 599, 2012 C.L.R. 629 · Lahore High Court · 2012-01-09Read full judgment →
• Muhammad Yaqoob vs Additional District and Sessions Judge, Attock and others2012 C.L.R. 109, 2012 CLC 625 · Lahore High Court · 2011-10-27Read full judgment →
• Muhammad Yaqoob alias Kala vs The State and another2012 MLD 355 · Lahore High Court · 2011-09-06
  pre-arrest bailmala fideinvestigation reportulterior motiveharassmentcriminal liability
  Summary & questions settled

  This matter concerns a petition for pre-arrest bail filed by an accused nominated in an F.I.R. for offences under sections 302, 324, 148, and 149 of the Pakistan Penal Code 1860. The core legal question was whether the petitioner, despite being nominated in the F.I.R. with a specific allegation of causing injury, was entitled to pre-arrest bail given the findings of the investigating agency. The Court held that the petitioner was entitled to the relief sought. The ratio of the decision rests on the fact that the investigation concluded the petitioner did not participate in the occurrence and was merely present as a neighbor, and the complainant failed to challenge these findings. The Court reaffirmed the principle that while mala fide is a requirement for pre-arrest bail, apprehension of arrest for ulterior motives, such as humiliation or unjustified harassment, constitutes valid grounds for granting such relief. Furthermore, the Court established that mere nomination in an F.I.R. does not automatically disentitle an accused from pre-arrest bail, and courts may examine the merits and investigation reports when deciding such petitions.

  Questions settled

  • Does mere nomination in an F.I.R. automatically disentitle an accused from the grant of pre-arrest bail?
  • Can a court examine the merits of the case and the findings of the investigating agency when deciding a petition for pre-arrest bail?
  • Is the apprehension of arrest for the purpose of humiliation and unjustified harassment a valid ground for granting pre-arrest bail?
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• Muhammad Yagoob vs Additional District & Sessions Judge, Attock etc.2012 C.L.R. 109 · Lahore High Court · 2011-10-27Read full judgment →
• Muhammad Waseem vs State and anotherPLJ 2012 Cr.C. (Lahore) 311 · Lahore High Court · 2011-06-07
  pre-arrest bailbail dismissalabscondersupplementary statementrecoverytheft
  Summary & questions settled

  The petitioner moved a petition under Section 498 of the Code of Criminal Procedure 1898 for the grant of pre-arrest bail in case FIR No. 529 registered under Sections 380 and 411 of the Pakistan Penal Code 1860 at Police Station City Kamoke, District Gujranwala. The core legal question was whether the petitioner was entitled to the extraordinary relief of pre-arrest bail when he was implicated through a supplementary statement, remained an absconder, and recoveries were yet to be effected from him. The Lahore High Court held that the petitioner was not entitled to pre-arrest bail as his custodial interrogation and recoveries were necessary, and granting bail would stifle the investigation. The court laid down the principle that where an accused is implicated in a criminal case, has remained an absconder, and recoveries are pending, pre-arrest bail is unwarranted in the absence of proven mala fide or ulterior motives on the part of the complainant.

  Questions settled

  • Is an accused entitled to pre-arrest bail when implicated through a supplementary statement and recoveries are yet to be effected?
  • Does the status of an accused as an absconder disentitle him from claiming pre-arrest bail?
  • Whether the grant of pre-arrest bail is justified when no mala fide or ulterior motive is established against the complainant?
  Read full judgment →
• Muhammad Waseem Iftikhar Awan vs The State And Another2012 P.C.T.L.R. 770 · Lahore High Court · 2011-09-26
  post-arrest bailfraudulent withdrawalforged chequefurther inquirystatement of co-accusedidentification parade
  Summary & questions settled

  This is a criminal petition seeking post-arrest bail in respect of FIR No. 1644 of 2010 registered under Sections 420, 468, 471, 467, and 409 of the Pakistan Penal Code 1860 at Police Station Satto Katla, Lahore, relating to fraudulent withdrawal of money from bank accounts through forged cheques and SIM card manipulation. The core legal question is whether the petitioner is entitled to post-arrest bail when he is not nominated in the FIR, is implicated solely through a co-accused's statement without corroborative recovery or identification parade, and has already been behind bars for a significant period without further need for investigation. The Lahore High Court held that the petitioner's case falls prima facie within the scope of further inquiry under section 497(2) of the Code of Criminal Procedure 1898. The court established the principle that uncorroborated statements of co-accused, absence of judicial identification parades, lack of incriminating recoveries, and completion of investigation make a strong ground for the grant of post-arrest bail.

  Questions settled

  • Is an accused entitled to post-arrest bail when not nominated in the FIR and implicated solely on the statement of a co-accused?
  • Does the absence of incriminating recovery and identification parade make a criminal case one of further inquiry?
  • Can bail be granted where the investigation is complete and the accused is no longer required for investigative purposes?
  Read full judgment →
• Muhammad Waris vs D.P.O. and others2012 YLR 1288 · Lahore High Court · 2012-02-24Read full judgment →
• Muhammad Waqar vs Justice of Peace, Multan and 4 others2012 PLJ Lahore 197 · Lahore High Court · 2011-09-13Read full judgment →
• Muhammad Umar Tarar vs Federation of Pakistan through Secretary2012 YLR 1187 · Lahore High Court · 2011-11-24Read full judgment →
• Muhammad Umar Khan vs The State and anothers2012 YLR 2739 · Lahore High Court · 2011-08-08
  post-arrest bailcar theftprohibitory clausefurther inquiryrule of consistencycriminal procedure
  Summary & questions settled

  This criminal petition is directed against the refusal of post-arrest bail to the petitioner, Muhammad Umar Khan, who was implicated in case F.I.R. No. 515 dated 1-7-2010 registered under Section 381-A of the Pakistan Penal Code 1860 at Police Station Cantt, District Multan, for the alleged theft of a car. The core legal question before the court was whether the petitioner made out a case for the grant of post-arrest bail, particularly concerning the applicability of the prohibitory clause and the provisions of further inquiry. The Lahore High Court accepted the petition and held that the prosecution story appeared prima facie implausible, co-accused had already been granted bail or declared innocent, the offence did not fall within the prohibitory clause, and the petitioner's continued incarceration without trial served no useful purpose. The key principle laid down is that where an offence does not fall within the prohibitory clause, lack of recovery, delay or weakness in the prosecution story, and the rule of consistency regarding co-accused bring the case within the ambit of further inquiry under Section 497(2) of the Code of Criminal Procedure 1898, entitling the accused to post-arrest bail as a matter of right.

  Questions settled

  • Whether the offence under Section 381-A of the Pakistan Penal Code 1860 falls within the prohibitory clause of Section 497 of the Code of Criminal Procedure 1898?
  • Does the fact that a co-accused has been declared innocent or granted bail create grounds for extending the benefit of further inquiry to another accused?
  • Can an accused be kept in indefinite incarceration when no recovery has been made from him and trial is not in sight?
  Read full judgment →
• Muhammad Tufail and 42 others vs Ahmed Ali and others2012 YLR 2583 · Lahore High Court · 2011-09-27Read full judgment →
• Muhammad Tufail (deceased) through Legal Representatives vs Nazir2012 PLJ Lahore 264 · Lahore High CourtRead full judgment →
• Muhammad Tariq vs The State and anothers2012 YLR 824 · Lahore High Court · 2011-04-29
  post-arrest bailfurther inquirybelated supplementary statementcommencement of trialcriminal procedureevidentiary value
  Summary & questions settled

  This is a petition for post-arrest bail filed by the petitioner, Muhammad Tariq, in a criminal case registered under sections 337-A(ii), 337-F(v), 337-L(1)(2), 452, and 34 of the Pakistan Penal Code 1860, and section 16 of the Offence of Zina (Enforcement of Hadd) Ordinance 1979. The core legal question was whether the petitioner was entitled to bail given that he was not named in the initial F.I.R. and was only implicated through a supplementary statement recorded over five years after the alleged offence. The Court held that the petitioner was entitled to bail, noting the lack of evidence beyond the belated supplementary statement and the fact that the petitioner was a previous non-convict. The Court determined that the case required further inquiry into the petitioner's guilt, bringing it within the scope of section 497(2) of the Code of Criminal Procedure 1898. Furthermore, the Court affirmed that the commencement of a trial does not act as a legal bar to the grant of bail, thereby establishing that bail may be granted even when prosecution witnesses are being examined.

  Questions settled

  • Does the commencement of a trial act as a legal bar to the grant of post-arrest bail?
  • Does a belated supplementary statement recorded years after the alleged offence constitute sufficient grounds to deny bail?
  • When does a case fall under the scope of further inquiry for the purpose of bail under the Code of Criminal Procedure 1898?
  Read full judgment →
• Muhammad Tariq vs Additional Sessions Judge, Dunyapur and 3 others2012 PLJ Lahore 157, 2012 P Cr. L J 285 · Lahore High Court · 2011-07-29
  constitutional petitionphysical remandforged agreement to sellsimultaneous civil and criminal proceedingsspecific performancestay of criminal proceedings
  Summary & questions settled

  This constitutional petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973, was filed against the order of the Additional Sessions Judge, which set aside a Judicial Magistrate's order refusing physical remand of the petitioner. The core legal question was whether criminal proceedings under Sections 420, 468, and 471 of the Pakistan Penal Code could be initiated and maintained concurrently while a civil suit for specific performance concerning the same alleged forged agreement to sell was pending. The High Court dismissed the petition, holding that the pendency of a civil suit creates no legal bar to the initiation or continuation of criminal proceedings. The Court held that criminal and civil proceedings can proceed simultaneously because criminal conviction involves different considerations from civil liability. Furthermore, a Judicial Magistrate cannot refuse to grant physical remand of an accused merely on the ground that a civil suit regarding the disputed document is pending before a civil court.

  Questions settled

  • Does the pendency of a civil suit create a legal bar to the initiation or continuation of criminal proceedings regarding the same document?
  • Can a Judicial Magistrate refuse physical remand of an accused solely on the ground that a civil suit regarding the alleged forged document is pending?
  • Are civil and criminal proceedings regarding the same transaction permissible to proceed concurrently?
  Read full judgment →
• Muhammad Tariq and others vs The State and anothers2012 YLR 1342 · Lahore High Court · 2012-03-02
  pre-arrest bailanticipatory bailforged agreementcivil suit for specific performanceparallel criminal and civil proceedings
  Summary & questions settled

  This matter arises from a petition for pre-arrest bail filed by Muhammad Tariq and others in a criminal case registered under sections 420, 468, and 471 of the Pakistan Penal Code 1860 relating to a disputed agreement to sell. The core legal question concerns the propriety of granting anticipatory bail when the foundational document of the criminal charge is simultaneously the subject-matter of a pending civil suit for specific performance. The Lahore High Court held that the civil court is the competent forum to determine the genuineness and validity of the agreement, noting that criminal proceedings could result in conflicting outcomes if the civil court ultimately decrees specific performance, thereby rendering criminal prosecution a futile exercise. The court emphasized that the delay in lodging the F.I.R., the existence of a prior civil suit, and substantial payments made via online banking entitled the petitioners to confirmation of bail. The court laid down the principle that parallel criminal proceedings regarding the fabrication of a document should generally await determination by the civil court where the genuineness of that document is already sub judice.

  Questions settled

  • Whether pre-arrest bail should be granted when the disputed document forming the basis of the criminal charge is already sub judice before a civil court in a suit for specific performance?
  • Does the registration of a criminal case regarding a forged document during the pendency of a civil suit concerning the same document constitute grounds for confirming pre-arrest bail?
  • Can parallel criminal proceedings continue when a civil court is actively determining the genuineness and validity of an agreement to sell?
  Read full judgment →
• Muhammad Tanveer vs Government of Pakistan and others2012 PLC (C.S.) 807 · Lahore High Court · 2012-02-08
  contract employeetermination of servicejudicial reviewmala fideregularizationpublic officeconstitutional petitiondiscrimination
  Summary & questions settled

  This constitutional petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973 challenged the termination of the petitioner's services as a Director on contract basis in the Ministry of Communication and sought regularization alongside similarly placed employees. The core legal questions involved whether the termination of a contract employee without assigning reasons or holding an inquiry constitutes an arbitrary act, and whether a public authority's discretionary power is subject to judicial review. The Lahore High Court held that non-assigning of reasons in an appointment letter does not negate the requirement for the existence of cogent reasons, and arbitrary termination without an inquiry or just cause is an exercise of mala fide and unguided discretion. The court established that actions of public authorities containing a public element are fully amenable to judicial review under constitutional jurisdiction, and administrative powers cannot be exercised at the dictation of external political personages. The petition was accepted, the termination order set aside, and the respondents were directed to reinstate the petitioner and process his regularization.

  Questions settled

  • Whether the termination of a contract employee without assigning reasons is legally sustainable if cogent reasons do not exist?
  • Does a constitutional petition lie against the termination of a contract employee where public elements are attached to the office?
  • Can an administrative authority exercise statutory powers of termination at the dictation or asking of a political personage?
  • Whether terminating a contract employee without holding an inquiry while regularizing similarly situated peers amounts to discrimination?
  Read full judgment →
• Muhammad Taj vs An Akhtar2012 C.L.R. 625 · Lahore High Court · 2012-01-18Read full judgment →
• Muhammad Taj vs Ali Akhtar2012 C.L.R. 625, 2012 PLJ Lahore 671, 2012 CLC 853 · Lahore High Court · 2012-01-18
  preemptionexchange of landsale versus exchangeTalb-i-Ishhadrevisional jurisdictionconcurrent findings
  Summary & questions settled

  The petitioner assailed the concurrent judgments and decrees passed by the lower courts whereby his suit for possession through preemption regarding the disputed land was dismissed. The petitioner contended that the transaction between the respondents was a sale disguised as an exchange to defeat his right of preemption and that requisite Talbs were duly made. The trial court dismissed the suit holding the transaction to be an exchange and finding that Talbs were not proven, while the appellate court upheld the finding that the transaction was an exchange. Upon review, the Lahore High Court observed that the evidence produced by the petitioner regarding the bargain was hearsay and that mutations established a valid exchange of land without any passing of monetary consideration. The Court held that an exchange of land is not preemptable under the Punjab Pre-emption Act, 1991, as the right of preemption arises only in cases of sale, and concurrent findings of fact based on proper appraisal of evidence cannot be interfered with in revisional jurisdiction. Consequently, the revision petition was dismissed.

  Questions settled

  • Whether a transaction of exchange of immovable property is subject to the right of pre-emption under the Punjab Pre-emption Act, 1991?
  • Can concurrent findings of fact recorded by two courts of competent jurisdiction be interfered with in exercise of revisional jurisdiction under section 115 C.P.C.?
  • How is the true nature of a transaction determined when a pre-emptor alleges a sale was disguised as an exchange?
  Read full judgment →
• Muhammad Tahir vs The State2012 YLR 2627 · Lahore High Court · 2011-12-22
  suspension of sentencepost-conviction baildelay in disposal of appealimprisonment for lifeQatl-e-Amd
  Summary & questions settled

  The petitioner sought the suspension of his sentence of imprisonment for life under section 426 of the Code of Criminal Procedure 1898, pending the disposal of his criminal appeal against his conviction under sections 302, 148, and 149 of the Pakistan Penal Code 1860. The core legal question was whether the petitioner was entitled to suspension of sentence and release on bail due to the protracted delay in the disposal of his appeal, where the delay was not attributable to him and he had already undergone a substantial period of incarceration. The Lahore High Court held that since the petitioner had been behind bars since his arrest, had been acquitted in all past cases, was a non-convict previously, and the appeal had not reached its final conclusion without any fault on his part, he qualified for the statutory concession under Section 426(1-A)(c) of the Code of Criminal Procedure 1898 as amended by Act No. VIII of 2011. The petition was accepted and the sentence was suspended, releasing the petitioner on bail.

  Questions settled

  • Is a convict entitled to suspension of sentence under Section 426 of the Code of Criminal Procedure 1898 due to delayed disposal of an appeal not caused by him?
  • Does the mere filing of a criminal revision for enhancement of sentence act as a bar against accepting an application for suspension of sentence?
  • Can past involvement in criminal cases that ended in acquittal render a convict a hardened criminal for the purpose of denying post-conviction bail?
  Read full judgment →
• Muhammad Tahir vs Additional District Judge-II, Bahawalnagar and 52012 PLJ Lahore 81 · Lahore High Court · 2011-06-16Read full judgment →
• Muhammad Tahir Nadeem vs Syed Qasim Ali Zaidi Zafar and others2012 MLD 931 · Lahore High Court · 2011-12-19Read full judgment →
• Muhammad Sultan vs Noor Muhammad and others2012 YLR 1714 · Lahore High Court · 2011-10-04
  civil revisioninheritance mutationproprietary rightsmisreading of evidencedeclaratory suittransfer deed
  Summary & questions settled

  This civil revision arises from a dispute over the ownership of a property known as 'Ahata' No. 369. The respondents filed a suit for declaration claiming to be legal heirs of the deceased Jan Muhammad and entitled to a share in the property. The trial court dismissed the suit, but the first appellate court reversed this decision. The core legal question was whether the property in question was part of the inheritance of the deceased Jan Muhammad or if it was independently acquired by his widow, Mst. Karamtay Bibi, through a transfer deed from the Municipal Committee. Upon scrutiny of the record, the High Court held that the proprietary rights were conferred upon Mst. Karamtay Bibi nine years after the death of Jan Muhammad, based on a registered transfer deed that remained unchallenged. The court established that the mutation in question was not an inheritance mutation but a conferment of proprietary rights. Consequently, the High Court set aside the appellate judgment, ruling that the suit was misconceived due to the failure to challenge the foundational transfer document and the lack of evidence regarding inheritable rights.

  Questions settled

  • Can a mutation be challenged if the underlying registered document upon which it is based remains unchallenged?
  • Does a widow's acquisition of proprietary rights nine years after her husband's death constitute an inheritance from the deceased husband?
  • Is a suit for declaration maintainable when the plaintiff fails to challenge the foundational document conferring title on the defendant?
  Read full judgment →
• Muhammad Suleman vs Rasheeda Bibi and 7 others2012 CLC 79 · Lahore High Court · 2011-07-08
  civil revisionpower of attorneysale mutationconcurrent findingsbona fide purchaserrevocation of power of attorney
  Summary & questions settled

  This civil revision arises out of concurrent judgments and decrees passed by the lower courts which decreed the respondents' suit for declaration and permanent injunction against a sale mutation executed via a registered general power of attorney. The core legal questions involved whether the power of attorney was validly executed and whether it was revoked before or after the disputed property transaction took place. The Lahore High Court allowed the civil revision and set aside the concurrent findings of the lower courts, holding that when a power of attorney is validly executed and contains explicit powers to sell, any transaction conducted within the ambit of those vested powers prior to the revocation of the instrument is entirely legal and binding. The Court established that a validly appointed attorney acts as the principal, and a bona fide purchaser cannot be penalized for internal disputes between the principal and the attorney regarding the receipt of consideration or pre-sale permissions.

  Questions settled

  • Whether a sale transaction executed by an attorney within the scope of a registered power of attorney prior to its revocation is valid and binding on the principal?
  • Can concurrent findings of fact and law by lower courts be interfered with by the High Court in civil revision?
  • Whether a bona fide purchaser for consideration can be held responsible for internal disputes between the principal and the attorney regarding payment of consideration?
  • Does an attorney require further specific permission from the principal to execute a transaction when the power to do so is already explicitly granted in the registered power of attorney?
  Read full judgment →
• Muhammad Suleman vs Muhammad HussainK.L.R. 2012 Civil Cases 277 · Lahore High Court · 2012-06-18Read full judgment →
• Muhammad Suleman and others vs Public-at-Large and others2012 C.L.R. 1006 · Lahore High Court · 2012-02-23Read full judgment →
• Muhammad Sufyan vs The State and, anothers2012 YLR 2900 · Lahore High Court · 2011-12-19
  post-arrest baildishonoured chequefurther inquirycriminal liabilitySection 489-F PPC
  Summary & questions settled

  This matter concerns a petition for post-arrest bail filed by the accused, Muhammad Sufyan, who was charged under Section 489-F of the Pakistan Penal Code 1860 regarding a dishonoured cheque. The core legal question was whether the ingredients of Section 489-F were sufficiently established to warrant the denial of bail. The Court observed that the complainant failed to provide evidence regarding the circumstances, timing, or presence of witnesses surrounding the alleged payment of three million rupees. The Court held that Section 489-F requires proof that a cheque was issued dishonestly for the repayment of a loan or discharge of a lawful obligation with the knowledge that it would bounce. Since the complainant merely alleged the debt without establishing these essential elements, the Court found the case against the petitioner required further inquiry. Consequently, the Court granted post-arrest bail, establishing the principle that the mere bouncing of a cheque without fulfilling the specific statutory ingredients of dishonesty and lawful obligation does not automatically justify criminal liability under Section 489-F.

  Questions settled

  • What are the essential ingredients required to establish an offence under Section 489-F of the Pakistan Penal Code 1860?
  • Does the mere bouncing of a cheque automatically constitute an offence under Section 489-F of the Pakistan Penal Code 1860?
  • When does a case qualify for further inquiry under Section 497(2) of the Code of Criminal Procedure 1898?
  Read full judgment →
• Muhammad Subhan Butt vs Post Master General, Punjab And 4 Other2012 PLJ Lahore 200, K.L.R. 2012 Civil Cases 44 · Lahore High Court · 2011-12-07Read full judgment →
• Muhammad Subhan Butt vs Post Master General Punjab, PMG Office, Lahore and 4 others2012 PLJ Lahore 200 · Lahore High Court · 2011-12-07Read full judgment →
• Muhammad Siddique vs StatePLJ 2012 Cr.C. (Lahore) 328 · Lahore High Court · 2012-01-18
  murder referencedeath sentenceocular evidenceinjured witnessforensic corroborationfalsus in uno falsus in omnibuscriminal appeal
  Summary & questions settled

  This criminal appeal challenges the conviction and death sentence of the appellant for the double murder of two individuals and a murderous assault on a third, while the State filed a Murder Reference for confirmation of the death sentence. The core legal questions concern the reliability of the ocular testimony, the validity of the identification of the accused in a dark-night occurrence, and whether the medical and forensic evidence sufficiently corroborates the prosecution's case. The Court held that the prosecution successfully established the appellant's guilt beyond reasonable doubt. It found the eyewitnesses, including the injured witness, to be credible and their presence at the scene plausibly explained. The Court affirmed that minor discrepancies or the failure to prove a specific motive do not undermine a case where the ocular account is consistent and corroborated by medical evidence and forensic reports. The principle laid down is that the doctrine of 'falsus in uno falsus in omnibus' is not applicable in the Pakistani criminal justice system, and the testimony of an injured witness is highly reliable unless proven otherwise.

  Questions settled

  • Is the doctrine of 'falsus in uno falsus in omnibus' applicable in the criminal justice system of Pakistan?
  • Does the failure to prove a motive for a crime entitle an accused to a reduction in sentence when guilt is otherwise established?
  • Is the site-plan a substantive piece of evidence under the Qanun-e-Shahadat Order 1984?
  • Does the non-matching of one crime empty with the recovered weapon invalidate the entire forensic evidence?
  Read full judgment →
• Muhammad Siddiq vs The State and another2012 MLD 1530 · Lahore High Court · 2012-05-16
  post-arrest bailfurther inquiryabductionNikah Namarestitution of conjugal rightsjactitation of marriageZina
  Summary & questions settled

  This matter concerns a petition for post-arrest bail filed by an accused charged under Section 365-B of the Pakistan Penal Code 1860, involving allegations of abduction and Zina. The core legal question was whether the petitioner was entitled to bail given the existence of conflicting documents, including a Nikah Nama and various civil proceedings initiated by the alleged abductee asserting a marital relationship, which cast doubt on the prosecution's narrative of abduction. The Court held that the case required further inquiry into the validity of the marriage and the circumstances of the alleged abduction. Consequently, the Court granted post-arrest bail to the petitioner. The key principle laid down is that where the prosecution's case is countered by substantial documentary evidence, such as a Nikah Nama and pending civil litigation regarding the status of the marriage, the matter falls within the scope of 'further inquiry' under Section 497(2) of the Code of Criminal Procedure 1898, thereby entitling the accused to the concession of bail pending trial.

  Questions settled

  • Does the existence of a disputed Nikah Nama and pending civil litigation regarding the validity of a marriage constitute grounds for 'further inquiry' under Section 497(2) of the Code of Criminal Procedure 1898?
  • Is an accused entitled to bail when the alleged abductee has initiated independent legal proceedings asserting a marital relationship with the accused?
  Read full judgment →
• Muhammad Sheraz and 14 others vs Govt. of Punjab through Chief2012 PLJ Lahore 456 · Lahore High CourtRead full judgment →
• Muhammad Shehbaz vs State and anotherPLJ 2012 Cr.C. (Lahore) 215 · Lahore High Court · 2011-10-20
  post-arrest bailrape of minorprohibitory clausemedical evidenceDNA testbail dismissal
  Summary & questions settled

  Petitioner Muhammad Shehbaz filed a petition seeking post-arrest bail in a case registered under charges involving the rape of a six-year-old minor girl. The core legal question was whether the petitioner made out a sufficient prima facie case for the grant of post-arrest bail given the medical evidence, the nature of the accusation, and the statutory prohibition against bail. The Lahore High Court dismissed the bail petition, holding that the medical evidence corroborates the victim's account of the brutal assault, the offence falls within the prohibitory clause of Section 497 of the Code of Criminal Procedure 1898, and pending DNA test results do not weaken the prosecution's case at the bail stage where the petitioner is implicated as the sole perpetrator. The key principle laid down is that where medical evidence and the statement of the victim prima facie substantiate a heinous offence falling under the prohibitory clause of Section 497 Cr.P.C., post-arrest bail is rightly refused.

  Questions settled

  • Whether post-arrest bail can be granted to an accused charged with the rape of a minor when the medical evidence prima facie supports the prosecution version?
  • Does the pendency of a DNA test report render the prosecution case doubtful at the bail stage where ocular and medical evidence implicate the accused?
  • Does an offence falling within the prohibitory clause of Section 497 of the Code of Criminal Procedure 1898 disentitle the accused to bail in the absence of extraordinary mitigating circumstances?
  Read full judgment →
• Muhammad Shaukat vs The State and anothers2012 YLR 1233 · Lahore High Court · 2011-09-22
  post-arrest bailabetmentfurther inquirymurderconspiracycriminal liability
  Summary & questions settled

  This matter concerns a post-arrest bail petition filed by the accused, Muhammad Shaukat, in a murder case registered under sections 302, 109, 148, and 149 of the Pakistan Penal Code 1860. The core legal question was whether the petitioner, who was not present at the scene of the crime and was alleged only to have abetted the murder, was entitled to bail pending trial. The Court observed that the petitioner was not present at the place of occurrence and no overt act was attributed to him other than the allegation of conspiracy/abetment. Emphasizing that the question of abetment requires detailed evidence to be thrashed out during trial, the Court held that bail cannot be withheld as a form of punishment. Finding that the petitioner’s case fell within the purview of further inquiry and noting that his continued detention served no useful purpose, the Court granted the bail application. The key principle laid down is that where an accused is assigned the role of an abettor without presence at the crime scene, the case warrants further inquiry, entitling the accused to bail.

  Questions settled

  • Is an accused person entitled to bail when the only role attributed to them is that of an abettor and they were not present at the scene of the crime?
  • Can bail be withheld as a form of punishment when a case falls within the scope of further inquiry?
  • Does the allegation of conspiracy and abetment in a murder case automatically disentitle an accused from the concession of bail?
  Read full judgment →
• Muhammad Sharif vs State and anotherPLJ 2012 Cr.C. (Lahore) 408 · Lahore High Court · 2011-10-31
  post-arrest bailfurther inquiryvicarious liabilitytender agecriminal liabilityprohibitory clause
  Summary & questions settled

  This matter concerns a petition for post-arrest bail filed by the petitioner, who was implicated in a criminal case registered under Sections 302, 109, 148, and 149 of the Pakistan Penal Code 1860. The core legal question was whether the petitioner, despite being named in the FIR, was entitled to bail given that investigation revealed he was empty-handed, no specific role was attributed to him, and the complainant had allegedly implicated the entire family by casting a wide net. The Court held that the petitioner was entitled to bail, noting that while the case fell within the prohibitory clause of Section 497 of the Code of Criminal Procedure 1898, the petitioner’s specific circumstances—being of tender age, having no prior criminal record, and the lack of specific incriminating evidence or recovery—rendered his case one of further inquiry. The Court emphasized that vicarious liability remains a matter for trial and that the petitioner’s continued incarceration was unnecessary, as the trial was unlikely to conclude in the near future.

  Questions settled

  • Is an accused person entitled to bail when investigation reveals they were empty-handed and played no specific role in the offense?
  • Does the inclusion of an accused in an FIR, where the complainant has implicated a large number of family members, automatically bar the grant of bail?
  • Can bail be granted in a case involving the prohibitory clause of Section 497 of the Code of Criminal Procedure 1898 if the case is deemed one of further inquiry?
  Read full judgment →
• Muhammad Sharif vs Judge, Anti-Terrorisim Court and 5 others2012 YLR 2448 · Lahore High Court · 2012-03-21
  constitutional petitionAnti-Terrorism Courttransfer of casescheduled offencejurisdictionransomabduction
  Summary & questions settled

  Through this constitutional petition, the petitioner assailed the order of the Judge Anti-Terrorism Court whereby a case registered under sections 365-A/302 and section 7 of the Anti-Terrorism Act, 1997 was transferred to a court of ordinary jurisdiction. The core legal question was whether an Anti-Terrorism Court is competent to transfer a case to an ordinary court at the final stage after recording evidence when it opines that a scheduled offence is not made out. The Lahore High Court held that under Section 23 of the Anti-Terrorism Act, 1997, once an Anti-Terrorism Court forms the opinion that a scheduled offence is not established, it lacks jurisdiction to pass a final judgment and is legally bound to transfer the case to the ordinary court having jurisdiction. The court laid down the principle that the scope of Section 23 is not restricted to any specific point of the trial, and the determination of jurisdiction can properly be made even after recording evidence if the scheduled offence is found not to be made out.

  Questions settled

  • Can an Anti-Terrorism Court transfer a case to a court of ordinary jurisdiction after recording evidence if it finds that a scheduled offence is not made out?
  • Does an Anti-Terrorism Court have the jurisdiction to pass a final judgment on a matter once it forms the opinion that no scheduled offence has been committed?
  • What are the powers of an Anti-Terrorism Court regarding non-scheduled offences under Section 17 of the Anti-Terrorism Act, 1997?
  • At what stage of a trial can an Anti-Terrorism Court invoke its power under Section 23 of the Anti-Terrorism Act, 1997 to transfer a case?
  Read full judgment →
• Muhammad Sharif and 3 others vs Additional Inspector General of Police, Counter Terrorism Department, Punjab, Lahore and 21 others2012 PLJ Lahore 454 · Lahore High Court · 2012-03-06Read full judgment →
• Muhammad Shakeel Shah vs The State2011 P Cr. L J 1997 · Lahore High Court · 2011-10-04
  concurrent sentencessequential sentencesquantum of sentencequashment of proceedingscriminal procedureanti-terrorism
  Summary & questions settled

  This matter comes before the Lahore High Court through a petition filed under section 561-A read with sections 35 and 397 of the Code of Criminal Procedure 1898, wherein the petitioner sought concurrent running of sentences previously imposed upon him under sections 109/302 of the Pakistan Penal Code 1860 and section 7 of the Anti-Terrorism Act 1997. The core legal question addressed is whether the petitioner's multiple sentences of imprisonment ought to run concurrently or consecutively when earlier judgments were silent on the matter. The court held that, in light of settled judicial precedents and the provisions of law, the petitioner is entitled to have his sentences run concurrently along with the benefit already granted under section 382-B of the Code of Criminal Procedure 1898. The key principle laid down is that where substantive sentences are awarded in multiple cases or counts and the judgment is silent, the established judicial consensus allows for the concurrent execution of sentences to benefit the accused, subject to statutory provisions.

  Questions settled

  • Can sentences imposed under different provisions be ordered to run concurrently under section 561-A of the Code of Criminal Procedure 1898?
  • Whether jail authorities are bound to run sentences concurrently if the trial and appellate courts remained silent on the matter?
  • Does the benefit of section 382-B of the Code of Criminal Procedure 1898 apply when sentences are ordered to run concurrently?
  Read full judgment →
• Muhammad Shahzad vs The State and anothers2012 YLR 1889 · Lahore High Court · 2011-10-21
  post-arrest bailelectrocutionfurther inquiryabscondencesupplementary statementcontradictory versions
  Summary & questions settled

  This is a criminal petition for post-arrest bail arising out of FIR No. 188 of 2010 registered under Section 322 of the Pakistan Penal Code 1860 at Police Station Sarai Mughal, District Kasur, relating to the death of a person due to electrocution from a barbed wire fence. The core legal question was whether the petitioner was entitled to post-arrest bail in light of conflicting versions presented by the complainant in the FIR versus his supplementary statement, the lack of conclusive investigation regarding who electrified the fence, and the petitioner's subsequent abscondence. The Lahore High Court accepted the petition and granted post-arrest bail to the petitioner. The court held that where the complainant presents two contradictory versions of the incident and the investigation fails to conclusively link the accused to the crime, the case falls within the scope of further inquiry under Section 497(2) of the Code of Criminal Procedure 1898. Furthermore, the court held that an accused's abscondence, while relevant, is not a decisive factor and must give way to a bail plea when the merits of the case clearly warrant further inquiry.

  Questions settled

  • Does a supplementary statement introducing a conflicting version of events create a case for further inquiry under Section 497(2) of the Code of Criminal Procedure 1898?
  • Can the abscondence of an accused override a well-made case for post-arrest bail when further inquiry is required?
  • Whether lack of definitive incriminating material linking the accused to the offense justifies the grant of post-arrest bail?
  Read full judgment →
• Muhammad Shahzad alias Babu vs The State and another2012 MLD 306 · Lahore High Court · 2011-04-20
  post-arrest bailcross-versionunexplained injuriesfurther inquiryaggressioncriminal procedureattempted murder
  Summary & questions settled

  This is a criminal petition filed by Muhammad Shahzad alias Babu seeking post-arrest bail in a case registered under sections 324, 34, 337-A(i), 337-F(v), 337-F(vi), and 337-L(ii) of the Pakistan Penal Code 1860. The core legal question revolved around whether the existence of a cross-version and unexplained injuries on the accused side made the case one of further inquiry under section 497(2) of the Code of Criminal Procedure 1898. The Lahore High Court accepted the petition and held that where there are rival versions of the incident and injuries sustained by the accused party are suppressed in the first information report, the determination of the initial aggressor requires further inquiry at trial. The key principle laid down is that the existence of an unexplained cross-version and counter-complaint bringing rival allegations of aggression renders a criminal case one of further inquiry into the guilt of the accused, entitling them to post-arrest bail.

  Questions settled

  • Does the presence of a cross-version and unexplained injuries on the accused party make a case one of further inquiry under Section 497(2) of the Code of Criminal Procedure 1898?
  • Is an accused entitled to post-arrest bail when the question of who initiated the aggression remains to be determined at trial?
  • What is the effect of the suppression of injuries of the accused party in the first information report on a bail petition?
  Read full judgment →
• Muhammad Shahid vs Judge Family Court, etc2012 C.L.R. 1206 · Lahore High Court · 2012-03-07Read full judgment →
• Muhammad Shahid and others vs Zia Ullah and others2012 MLD 978 · Lahore High Court · 2012-02-02Read full judgment →
• Muhammad Shahbaz vs The State2012 YLR 1753 · Lahore High Court · 2011-05-18
  benefit of doubtmurder referencedelay in F.I.R.ocular accountforensic evidencecriminal appealcapital punishment
  Summary & questions settled

  This criminal appeal and murder reference arise out of a judgment wherein the appellant was convicted under section 302(b) and section 459 of the Pakistan Penal Code 1860 for committing the murder of the deceased and sentenced to death, alongside a conviction under the Code of Criminal Procedure 1898. The core legal questions involve the credibility of an inordinate delay in lodging the First Information Report, the evidentiary value of delayed recovery of crime empties and weapons, and the application of the rule of benefit of doubt when material witnesses are withheld and co-accused are acquitted. The Lahore High Court held that multiple infirmities in the prosecution case, including an unexplained five-day delay in reporting the crime, doubtful ocular accounts, delayed and inconsistent forensic handling of crime empties, and the failure to produce a material witness, rendered the prosecution's case highly doubtful. The court laid down the principle that the prosecution must prove its case beyond a reasonable doubt, and any reasonable doubt in the prosecution's evidence entitles the accused to an acquittal as a matter of right.

  Questions settled

  • Does an unexplained inordinate delay of five days in lodging the First Information Report render the prosecution case doubtful?
  • Can a positive report from the Forensic Science Laboratory regarding crime empties help the prosecution if the empties were deposited after the arrest of the accused and recovery of the weapon?
  • What is the legal consequence of withholding a material witness who was central to the inception of the occurrence?
  • Is an accused entitled to the benefit of doubt as a matter of right when multiple material discrepancies exist in the prosecution's evidence?
  Read full judgment →
• Muhammad Shahbaz vs The State and others2012 YLR 1053 · Lahore High Court · 2012-01-10
  post-arrest bailfirearm injurynon-vital partattempt to murderdelay in trial
  Summary & questions settled

  This matter comes before the Lahore High Court through a petition for post-arrest bail filed by the petitioner Muhammad Shahbaz, who was booked under section 324 read with section 34 of The Pakistan Penal Code, 1860 in F.I.R. No. 606 of 2009 at Police Station City Toba Tek Singh. The core legal question revolves around whether the petitioner is entitled to post-arrest bail considering that a single firearm injury was attributed to him on a non-vital part of the complainant's son, alongside the statutory delay in the conclusion of the trial. The court held that since the injury was on a non-vital part and there was no repetition of fire, the applicability of section 324 of The Pakistan Penal Code, 1860 remains a moot point to be determined at trial, and further detention would not serve any useful purpose given the prolonged incarceration. The court laid down the principle that the absence of a repeated gunshot and the infliction of an injury on a non-vital part, coupled with protracted detention without conclusion of trial, makes out a case for the grant of post-arrest bail.

  Questions settled

  • Whether post-arrest bail can be granted when a single firearm injury is attributed to the accused on a non-vital part?
  • Does the absence of repetition of fire make the applicability of section 324 of The Pakistan Penal Code, 1860 a moot point for trial?
  • Is prolonged incarceration without conclusion of trial a valid ground for the grant of bail?
  Read full judgment →
• Muhammad Shafique vs The State2012 PLD Lahore 411 · Lahore High Court · 2012-04-16
  suspension of sentencecriminal revisionstatutory delayrevisional jurisdictionmaintainabilityCode of Criminal Procedure
  Summary & questions settled

  This matter concerns an application for the suspension of sentence filed by a convict, Muhammad Shafique, who was sentenced to seven years' imprisonment and other penalties by a Magistrate. The petitioner sought relief under Section 426(1A)(b) of the Code of Criminal Procedure 1898, arguing that his criminal revision petition had not been decided within one year of his conviction. The core legal question was whether the statutory right to suspension of sentence for delay in disposal, as provided under Section 426(1A)(b), applies to a convict whose case is pending before the High Court in its revisional jurisdiction rather than its appellate jurisdiction. The Court held that the provision is exclusively applicable to appeals and does not extend to criminal revisions. Consequently, the petition was dismissed as not maintainable. The Court laid down the principle that while the High Court possesses discretionary power to suspend a sentence during revision under Sections 435, 439, and 561-A of the Code of Criminal Procedure 1898, this is reserved for exceptional cases of genuine hardship, such as life-threatening medical conditions, and is not governed by the statutory delay provisions applicable to appeals.

  Questions settled

  • Does the statutory right to suspension of sentence under Section 426(1A)(b) of the Code of Criminal Procedure 1898 apply to criminal revision petitions?
  • Can the High Court suspend a sentence during the pendency of a criminal revision petition?
  • What is the scope of the High Court's discretionary power to suspend a sentence under its revisional jurisdiction?
  Read full judgment →
• Muhammad Shafique vs The State And OtherK.L.R. 2012 Criminal Cases 221 · Lahore High Court · 2012-04-16
  suspension of sentencecriminal revisionstatutory bailappellate jurisdictionrevisional jurisdictiondelay in disposal
  Summary & questions settled

  This matter concerns an application for suspension of sentence filed by the petitioner, Muhammad Shafique, who was convicted under Sections 334, 337-A(iii), and 337-F(iii) of the Pakistan Penal Code 1860. The petitioner sought suspension of his sentence under Section 426(1A)(b) of the Code of Criminal Procedure 1898, arguing that his criminal revision petition had remained pending for over one year following his conviction. The core legal question was whether the statutory right to suspension of sentence due to delay in disposal, as provided under Section 426(1A)(b), applies to a criminal revision petition. The Court held that the provision is exclusively applicable to appeals and not to criminal revisions. The Court clarified that while it possesses discretionary powers under Sections 435, 439, and 561-A of the Code of Criminal Procedure 1898 to suspend sentences in exceptional cases of hardship, the statutory mechanism for delay-based suspension is unavailable in revision proceedings. Consequently, the petition was dismissed as not maintainable, as the petitioner could not invoke appellate statutory grounds for a revision petition.

  Questions settled

  • Does the statutory right to suspension of sentence under Section 426(1A)(b) of the Code of Criminal Procedure 1898 apply to criminal revision petitions?
  • Can the High Court suspend a sentence during the pendency of a criminal revision petition based on the delay in disposal of the revision?
  • What is the scope of the High Court's discretionary power to suspend a sentence during the pendency of a criminal revision petition?
  Read full judgment →
• Muhammad Shafique vs The State and anothers2012 P Cr. L J 1517 · Lahore High Court · 2012-07-16
  pre-arrest bailsuppression of factsmala fidecriminal procedurejudicial discretionbail dismissal
  Summary & questions settled

  This matter concerns a petition for pre-arrest bail filed by the petitioner, Muhammad Shafique, in connection with F.I.R. No. 463 of 2012, registered under Sections 337-A(i), 337-F(v), 337-L(2), 148, and 149 of the Pakistan Penal Code 1860. The petitioner sought pre-arrest bail, arguing that the F.I.R. was mala fide due to previous litigation between the parties and that the injuries attributed to him were bailable. The State and the complainant opposed the application, highlighting that the complainant suffered a fracture and that the petitioner had played 'hide and seek' with the courts by suppressing the fact that his previous bail application had been dismissed on merits by the Additional Sessions Judge. The Court held that while deeper appreciation of evidence is not required at the pre-arrest bail stage, the petitioner’s conduct in concealing the dismissal of his prior bail application disentitled him to the equitable relief of pre-arrest bail. Consequently, the Court dismissed the petition and withdrew the ad interim pre-arrest bail previously granted, emphasizing that such conduct precludes the exercise of discretion in the petitioner's favor.

  Questions settled

  • Does the suppression of the fact that a previous bail application was dismissed on merits disentitle a petitioner to the concession of pre-arrest bail?
  • Is a deeper appreciation of evidence permissible at the stage of pre-arrest bail?
  • Can a petitioner be denied pre-arrest bail based on their conduct of playing 'hide and seek' with the courts?
  Read full judgment →
• Muhammad Shafique vs Mst. Sakina Bibi & 3 others2012 PLJ Lahore 640 · Lahore High Court · 2012-01-25Read full judgment →
• Muhammad Shafique and 4 others vs Muhammad Rafique and anothers2012 YLR 2801 · Lahore High Court · 2012-01-26
  civil revisionrejection of plaintwithdrawal of suitcompromisesubsequent suitcause of actionOrder XXIII Rule 1 CPC
  Summary & questions settled

  This civil revision arises from a judgment passed by the Additional District Judge, Lahore, which set aside the trial court's order rejecting the plaint of the respondent's second suit under Order VII Rule 11 of the Code of Civil Procedure 1908. The respondent initially filed a suit challenging a fraudulent sale-deed regarding 13 kanals and 18 marlas of land, which he withdrew following a compromise wherein the petitioners undertook to transfer 3 kanals and 18 marlas back to him. Upon the petitioners' failure to honor this undertaking, the respondent instituted a second suit. The petitioners sought rejection of the plaint, arguing that the unconditional withdrawal of the first suit barred the second under Order XXIII Rule 1(3) of the Code of Civil Procedure 1908. The Lahore High Court held that the earlier suit was withdrawn on the basis of a compromise and undertaking, rather than unconditionally, and thus the statutory bar did not apply. The revision petition was accordingly dismissed.

  Questions settled

  • Does the withdrawal of a suit on the basis of a compromise and undertaking operate as an unconditional withdrawal barring a subsequent suit under Order XXIII Rule 1 of the Code of Civil Procedure 1908?
  • Whether a second suit is barred when the first suit was withdrawn due to a settlement that the defendants subsequently failed to fulfill?
  • Can a plaint be rejected under Order VII Rule 11 of the Code of Civil Procedure 1908 on the ground that the prior suit was unconditionally withdrawn when records show it was compromised?
  Read full judgment →
• Muhammad Shafiq and 2 others vs Secretary to Government of Punjab and 2 others2012 MLD 737 · Lahore High Court · 2011-07-27Read full judgment →
• Muhammad Shafi vs S.H.O. and others2012 YLR 828 · Lahore High Court · 2011-07-05Read full judgment →
• Muhammad Shafi vs S.H.O, Etc.K.L.R. 2012 Criminal Cases 11, 2012 YLR 828 · Lahore High Court · 2011-07-05Read full judgment →
• Muhammad Shafi vs District Coordination Officer, MULTANand 52011 P Cr. L J 1482 · Lahore High Court · 2010-06-01
  preventive detentionmaintenance of public orderpending criminal casesliberty of a personcattle theftillegal detentionapplication of mind
  Summary & questions settled

  This judgment addresses two connected writ petitions challenging the preventive detention orders issued against the petitioners under the Maintenance of Public Order Ordinance, 1960. The core legal question was whether the mere pendency of criminal cases and unproven allegations of cattle theft could constitute a valid ground for preventive detention. The Lahore High Court held that the impugned detention orders were illegal, unwaranted, and passed without lawful justification, ruling that the pendency of criminal cases and allegations of substantive offenses, without a conviction or tangible independent material, cannot justify preventive detention. The court laid down the principle that using pending criminal charges as the basis for preventive detention violates the administration of justice, and that authorities must not mechanically accept detention recommendations without independent application of mind.

  Questions settled

  • Can the mere pendency of criminal cases against a person serve as a valid ground for preventive detention under the Maintenance of Public Order Ordinance, 1960?
  • Whether preventive detention can be ordered based on the same material used for prosecuting a person on a substantive criminal charge?
  • Is a detention order sustainable when the competent authority mechanically accepts recommendations without applying an independent mind?
  Read full judgment →
• Muhammad Shafi and 4 others vs Province of Punjab through Do(R)2012 PLJ Lahore 106 · Lahore High CourtRead full judgment →
• Muhammad Shafi alias Shabboo vs State and anotherPLJ 2012 Cr.C. (Lahore) 278 · Lahore High Court · 2011-08-23
  post-arrest bailcross-version casesudden fightfurther inquiryright of self defenceparity in bailcounter-version
  Summary & questions settled

  This is a post-arrest bail petition arising from a cross-version criminal case involving charges under the Pakistan Penal Code 1860, where the petitioner sought bail in a cross-FIR registered after a delay following a fatal sudden fight between two groups. The core legal question was whether the petitioner was entitled to post-arrest bail in a counter-version case where a sudden free fight occurred, mutual injuries were sustained, and co-accused had already been granted bail by the apex court. The Lahore High Court held that the case fell within the ambit of further inquiry under Section 497(2) of the Code of Criminal Procedure 1898, as determination of the aggressor and evaluation of the counter-versions were matters for the trial court, and parity of treatment applied given the bail granted to co-accused and the complainant in related proceedings. The court laid down the principle that in cases of sudden and free fights without premeditation resulting in counter-versions and injuries on both sides, where the question of who exceeded the right of private defense requires trial evidence, bail ought to be granted on the principle of consistency and further inquiry.

  Questions settled

  • Whether a petitioner is entitled to post-arrest bail in a cross-version case arising from a sudden and free fight where both sides sustained injuries?
  • Does a delayed cross-version brought after three months bring the case within the scope of further inquiry under Section 497(2) of the Code of Criminal Procedure 1898?
  • Whether the rule of consistency applies for the grant of bail when co-accused and the opposite party in a counter-version case have already been granted bail by the apex court?
  Read full judgment →
• Muhammad Shafeeq vs The State and anothers2012 YLR 801 · Lahore High Court · 2011-08-24
  post-arrest baildacoityrobberyunnamed accusedsupplementary statementtest identification paradefurther inquiry
  Summary & questions settled

  The petitioner, Muhammad Shafeeq, sought post-arrest bail in a case registered under sections 395 and 412 of the Pakistan Penal Code 1860, arising from an FIR concerning dacoity and robbery at a factory. The core legal question was whether the petitioner was entitled to post-arrest bail given that he was not nominated in the FIR, was implicated through a delayed supplementary statement after twenty-six days on mere suspicion, and was not subjected to a test identification parade. The Lahore High Court held that the absence of the petitioner's name in the FIR, the delayed suspicion in the supplementary statement, and the failure to hold a test identification parade made the case one of further inquiry under the law. The Court established that these factors, combined with the completion of the investigation, submission of the challan, and the petitioner's status as a previous non-convict, entitled him to post-arrest bail.

  Questions settled

  • Whether an accused not nominated in the FIR and implicated through a delayed supplementary statement is entitled to post-arrest bail?
  • Does the failure to conduct a test identification parade make a criminal case one of further inquiry for the purpose of bail?
  • Is a previous non-convict accused entitled to bail when the investigation is complete and the challan has been submitted?
  Read full judgment →
• Muhammad Shabbir vs Zafar Javed and others2012 MLD 1988 · Lahore High Court · 2012-02-29Read full judgment →
• Muhammad Shabbir vs The State and anothers2012 P Cr. L J 217 · Lahore High Court · 2011-05-24
  post-arrest bailcash deposit conditionprohibitory clausedishonestly issuing a chequesuperdaribail conditions
  Summary & questions settled

  This criminal revision petition questioned the legality of an order passed by the Additional Sessions Judge, Multan, which granted post-arrest bail to the petitioner in a case under section 489-F of the Pakistan Penal Code 1860, but subjected it to the condition of depositing Rs. 200,000 in cash out of the disputed amount, allowing the complainant to take it on superdari. The core legal question was whether a court granting bail under section 497 of the Code of Criminal Procedure 1898 can lawfully insist on the deposit of a cash amount or cash security. The Lahore High Court held that the condition imposing a cash deposit was harsh, without lawful authority, and effectively amounted to partially decreeing a money suit. The court ruled that there is no provision in the Code of Criminal Procedure 1898 empowering a court to insist on a cash deposit as a precondition for bail unless voluntarily offered by the accused under section 513. Consequently, the impugned condition requiring cash deposit was set aside while maintaining the grant of bail upon furnishing surety bonds.

  Questions settled

  • Can a court insist on the deposit of cash as a precondition for granting bail under section 497 or 498 of the Code of Criminal Procedure 1898?
  • Does a court dealing with a bail application have the jurisdiction to order the deposit of a disputed cash amount to be handed over to the complainant on superdari?
  • Whether the imposition of a condition to deposit cash in a case not falling within the prohibitory clause of section 497 of the Code of Criminal Procedure 1898 amounts to a denial of bail?
  Read full judgment →
• Muhammad Shabbir vs Additional Sessions Judge_Justice of Peace, Multan and another2012 PLJ Lahore 162 · Lahore High Court · 2011-09-06Read full judgment →
• Muhammad Shabbir alias Sheroo vs StatePLJ 2012 Cr.C. (Lahore) 364 · Lahore High Court · 2011-10-20
  qatl-i-amdcapital sentencesolitary witnessrelated witnessunproven motivemitigation of sentenceforensic ballisticsprompt FIR
  Summary & questions settled

  This criminal appeal and murder reference arise from a judgment of the Sessions Court, Bahawalpur, whereby the appellant was convicted under Section 302(b) of the Pakistan Penal Code 1860 for the qatl-i-amd of the deceased and sentenced to death, along with compensation under Section 544-A of the Code of Criminal Procedure 1898. The prosecution's case rested on an ocular account by the deceased's father, supported by medical evidence and forensic reports regarding the recovery of a weapon. The core legal questions involved the reliability of a solitary and related eyewitness, the corroborative value of prompt FIR lodging and forensic evidence, and the impact of an unproven motive on the quantum of sentence in a capital case. The Lahore High Court held that the testimony of a related and solitary witness, when confidence-inspiring and unimpeachable, is sufficient to sustain a conviction, and that failure to prove motive does not discredit an otherwise solid ocular account. However, considering that the motive remained unproven and the immediate cause shrouded in mystery, the court altered the sentence from death to life imprisonment while upholding the conviction.

  Questions settled

  • Whether the solitary statement of a related eyewitness can form the sole basis for maintaining a conviction in a capital case?
  • Does the failure of the prosecution to prove the alleged motive vitiate an otherwise reliable ocular account?
  • Whether the non-confirmation of a death sentence and its reduction to life imprisonment is warranted when the immediate cause of the crime remains unproven?
  • What is the evidentiary value of a hostile witness in a criminal trial?
  Read full judgment →
• Muhammad Shabbir alias Sheroo and another vs The State and another2012 P Cr. L J 517 · Lahore High Court · 2011-10-20
  qatl-e-amddeath sentencecommutation of sentencesolitary witnessinterested witnessunproven motivefirearm recoverycriminal appeal
  Summary & questions settled

  This criminal appeal and murder reference arise from a judgment of the Sessions Court, Bahawalpur, convicting the appellant under Section 302(b) of the Pakistan Penal Code 1860 for the qatl-e-amd of the deceased and sentencing him to death, along with compensation under Section 544-A of the Code of Criminal Procedure 1898. The prosecution's case was built upon a promptly lodged first information report, ocular testimony of the complainant, medical evidence, and recovery of a weapon corroborated by a forensic science laboratory report. The core legal questions addressed whether a conviction for a capital offence can be maintained on the sole testimony of an interested/related witness, and whether the failure to prove the alleged motive warrants commutation of the death sentence. The Lahore High Court held that the solitary testimony of the complainant was trustworthy, confidence-inspiring, and corroborated by medical and forensic evidence, thereby sustaining the conviction. However, because the prosecution failed to prove the motive and the immediate cause remained shrouded in mystery, the court exercised judicial discretion to commute the death sentence to imprisonment for life, while upholding the compensation and granting the benefit of Section 382-B of the Code of Criminal Procedure 1898. The key principles laid down include that the quality rather than quantity of evidence determines guilt, that close relationship alone does not render a witness inherently unreliable, and that an unproven motive can serve as a mitigating circumstance warranting the reduction of a death penalty to life imprisonment.

  Questions settled

  • Can a conviction for a capital offence be maintained on the sole testimony of a related or interested eye-witness?
  • Does the failure of the prosecution to establish the alleged motive necessitate the acquittal of the accused?
  • Whether an unproven motive and a shrouded immediate cause of occurrence can be considered mitigating circumstances to convert a death sentence into imprisonment for life?
  • Does minor variance between ocular testimony regarding distance and medical opinion regarding blackening render the eyewitness account unreliable?
  Read full judgment →
• Muhammad Shaban vs The State2012 YLR 677 · Lahore High Court · 2011-07-14
  murderdeath sentencemitigating circumstancesocular testimonyrelated witnessesunproven motiveballistic reportsentence reduction
  Summary & questions settled

  This criminal appeal and murder reference arise from a judgment of the trial court convicting the appellant under Section 302(b) of the Pakistan Penal Code 1860 for murder and sentencing him to death, alongside an acquittal of co-accused. The prosecution alleged that the appellant fired a single fatal shot at the victim from a rickshaw due to a prior motive involving a dispute with a third party. The core legal questions involved the credibility of related eye-witnesses, the establishment of motive, the value of inconsequential weapon recovery, and the presence of mitigating circumstances. The Lahore High Court held that while the ocular testimony corroborated by medical evidence successfully proved the appellant's guilt beyond reasonable doubt, the unproven motive, the single fire shot, and the lack of a positive ballistic report constituted sufficient mitigating circumstances to commute the death sentence. The court dismissed the appeal on conviction, converted the death sentence to imprisonment for life under the Code of Criminal Procedure 1898, and laid down the principle that relationship to the deceased alone does not discard natural witness testimony, and that mitigating factors such as a single shot and unproven motive warrant leniency from capital punishment.

  Questions settled

  • Whether the testimony of related eye-witnesses can be discarded solely on the ground of their relationship to the deceased?
  • Does the failure of the prosecution to prove the alleged motive entitle the accused to an outright acquittal?
  • Can an inconclusive or non-positive ballistic report render the recovery of a crime weapon inconsequential in a murder trial?
  • Whether a single fire shot and the absence of a previous deep-rooted enmity constitute mitigating circumstances for commuting a death sentence to imprisonment for life?
  Read full judgment →
• Muhammad Sarwar vs The State and another2011 P Cr. L J 1678 · Lahore High Court · 2010-05-18
  pre-arrest bailforgerymaking a false documentcheatingagreement to sellfurther probe
  Summary & questions settled

  This criminal miscellaneous application was filed by Muhammad Sarwar seeking pre-arrest bail in case F.I.R. No. 43 of 2010 registered under sections 420, 467, 468, and 471 of the Pakistan Penal Code at Police Station Civil Lines, Sahiwal, relating to an agreement to sell a plot of land. The core legal question was whether the ingredients of forgery and making a false document were prima facie satisfied in respect of an agreement to sell executed by a person who allegedly lacked ownership or initial authorization, thereby determining the applicability of bailable versus non-bailable offences for the purpose of pre-arrest bail. The Lahore High Court held that the agreement to sell, having been admittedly signed and executed by the petitioner himself, did not constitute forgery or a false document within the definitions provided under sections 463 and 464 of the Pakistan Penal Code, and that the matter prima facie fell under the bailable offence of cheating under section 420. The court laid down the principle that the erroneous or inflated application of non-bailable forgery charges by the police and complainant, where only a case of cheating is made out, can demonstrate mala fide for granting pre-arrest bail, and confirmed the interim pre-arrest bail under section 497(2) of the Code of Criminal Procedure.

  Questions settled

  • Does an agreement to sell executed by a person who is not the owner of the property constitute forgery under sections 463 and 464 of the Pakistan Penal Code 1860?
  • Whether an offence under section 420 of the Pakistan Penal Code 1860 is bailable when a person allegedly induces the delivery of money through an unauthorized sale agreement?
  • Can the improper application of non-bailable charges by the police and complainant be considered as evidence of mala fide for the grant of pre-arrest bail?
  Read full judgment →
• Muhammad Sarwar vs Ahmad Khan through L.Rs, and 2 others2012 CLC 284 · Lahore High Court · 2011-07-15Read full judgment →
• Muhammad Sarwar Khan through Legal Heirs vs Salamat Ali and 22012 CLC 94 · Lahore High Court · 2011-07-19
  specific performancepower of attorneyunauthorized agentcivil revisionQanun-e-Shahadatattestation of documentsproperty rights
  Summary & questions settled

  This civil revision petition challenged the concurrent judgments and decrees of the lower courts, which had decreed a suit for possession through specific performance based on an agreement to sell. The petitioner, acting as a self-proclaimed general attorney for his sisters (respondents Nos. 2-4), had executed the agreement and filed a written statement on their behalf without possessing any valid power of attorney or authorization. The core legal question was whether a decree for specific performance could be sustained against co-owners when the agreement was executed by an unauthorized agent without their consent or knowledge. The High Court held that the lower courts erred by blindly relying on the petitioner's admission, failing to verify the existence of a power of attorney, and ignoring that the respondents were never served or heard. The Court set aside the decree against the respondents, ruling that an unauthorized agent cannot alienate the property of others. The key principle established is that a court must independently verify the authority of an agent in property transactions, especially regarding female co-owners, and that admissions by one defendant cannot bind co-defendants who were not parties to the transaction.

  Questions settled

  • Can a scribe of a document be considered a marginal witness for the purposes of Article 79 of the Qanun-e-Shahadat Order 1984?
  • Does an admission of an agreement by one defendant in a written statement bind co-defendants who did not authorize the transaction?
  • Is a court required to verify the existence of a power of attorney before decreeing specific performance against co-owners represented by an alleged agent?
  • Can a High Court set aside a decree against non-consenting co-owners in a revision petition under Section 115 of the Code of Civil Procedure 1908?
  Read full judgment →
• Muhammad Sarfraz vs State and anotherPLJ 2012 Cr.C. (Lahore) 658 · Lahore High Court · 2012-05-15
  post-arrest baildishonoured chequeprohibitory clausedelay in FIRstatutory delay
  Summary & questions settled

  This matter arises from a post-arrest bail petition filed by Muhammad Sarfraz in case FIR No. 28 of 2012 registered under Section 489-F of the Pakistan Penal Code 1860 at Police Station City Sadiqabad, District Rahim Yar Khan, concerning the alleged dishonest issuance and subsequent dishonour of a cheque. The core legal questions involve whether post-arrest bail should be granted when an offence falls outside the prohibitory clause and where there is an unexplained delay in lodging the FIR alongside protracted incarceration without trial progress. The Lahore High Court accepted the petition and admitted the petitioner to post-arrest bail. The holding establishes that where an offence does not fall within the prohibitory clause of Section 497(1) of the Code of Criminal Procedure 1898, and carries a maximum punishment of three years, the concession of bail must be favourably considered unless exceptional circumstances exist, particularly when the accused has suffered prolonged detention without trial.

  Questions settled

  • Whether post-arrest bail should be granted when an offence does not fall within the prohibitory clause of Section 497 of the Code of Criminal Procedure 1898?
  • Does an unexplained delay in lodging the FIR give rise to a presumption of mala fide for the purposes of bail?
  • Whether prolonged incarceration without framing of a charge or progress in trial entitles an accused to bail in non-prohibitory offences?
  Read full judgment →
• Muhammad Saleem vs The State and anothers2012 YLR 2952 · Lahore High Court · 2011-06-23
  suspension of sentencepost-conviction bailLalkaraabetmentappellate delaycriminal appeal
  Summary & questions settled

  This matter concerns a criminal petition for the suspension of sentence filed by the petitioner, Muhammad Saleem, who was convicted under Section 302(b) of the Pakistan Penal Code 1860 and sentenced to life imprisonment. The petitioner challenged his conviction, arguing that the only allegation against him was raising a 'Lalkara' (incitement) without causing any physical injury to the deceased, and noting that co-convicts had already been granted suspension of sentence. The core legal question was whether the petitioner’s sentence should be suspended pending the final hearing of his appeal, given the lack of evidence regarding abetment and the delay in the appellate process. The Court held that since the petitioner had been incarcerated since 2008 and the main appeal was unlikely to be heard in the near future, the sentence should be suspended. The key principle laid down is that where the evidence of abetment is weak and the appellate hearing is significantly delayed, the suspension of sentence is a justifiable exercise of judicial discretion to prevent prolonged incarceration without a final appellate determination.

  Questions settled

  • Is a convict entitled to suspension of sentence pending appeal when the only allegation is raising a Lalkara without causing physical injury?
  • Does the absence of evidence regarding abetment constitute a ground for suspending a sentence pending appeal?
  • Can a sentence be suspended if the main appeal is unlikely to be heard in the foreseeable future?
  Read full judgment →
• Muhammad Saleem vs State2012 YLR 812, PLJ 2012 Cr.C. (Lahore) 385 · Lahore High Court · 2011-10-04
  qatl-i-amdchance witnessinterested witnessmedical contradictionmotiveforensic science laboratory reportbenefit of doubtacquittal
  Summary & questions settled

  This criminal appeal challenges the judgment of the trial court convicting the appellant under Section 302(b) of the Pakistan Penal Code 1860 for qatl-i-amd and sentencing him to imprisonment for life, alongside a connected revision petition by the complainant for enhancement of the sentence to death. The core legal questions involved the credibility of chance and inimical eye-witnesses, the corroborative value of a withheld negative forensic report, contradictions between ocular and medical evidence, and the plausibility of the alleged motive. The Lahore High Court held that the prosecution failed to prove its case beyond a reasonable doubt, as the eye-witnesses were interested and chance witnesses whose presence at the scene was not established, the medical evidence contradicted the ocular account regarding the number of shots and firing distance, and the motive was improbable given the deep-seated enmity between the parties. Consequently, the court acquitted the appellant and dismissed the complainant's revision petition, laying down that conviction in cases of deep-seated enmity cannot be sustained on uncorroborated testimony of interested chance witnesses when medical and forensic evidence contradicts the prosecution story.

  Questions settled

  • Whether the testimony of chance witnesses who are closely related and inimical to the accused can be relied upon without independent corroboration?
  • Does a conflict between the number of firearm injuries noted in the medical report and the number of shots described in the ocular account dent the prosecution's case?
  • What is the evidentiary value of an alleged weapon recovery when the Forensic Science Laboratory report is negative or intentionally withheld by the prosecution?
  • Whether a conviction for murder can be sustained when the prosecution fails to establish a convincing motive in the face of admitted deep-seated enmity?
  Read full judgment →
• Muhammad Saleem vs State and anotherPLJ 2012 Cr.C. (Lahore) 471 · Lahore High Court · 2011-10-27
  post-arrest bailcross-versionmedical evidenceocular accountfurther inquiryconflict of evidencefirearm injury
  Summary & questions settled

  This judgment addresses two criminal miscellaneous petitions seeking post-arrest bail arising out of the same incident involving an FIR and a cross-version registered at Police Station Mochiwala, District Jhang. The core legal question revolves around whether the petitioners are entitled to post-arrest bail in view of conflicts between ocular accounts and medical evidence, and the existence of a cross-version reflecting a case of further inquiry. The Lahore High Court held that where medical evidence creates a conflict with the ocular account regarding injuries, and weapons are either not recovered or recoveries are inconsistent with the FIR, the case falls within the purview of Section 497(2) of the Code of Criminal Procedure 1898 as one of further inquiry into guilt. The court laid down the principle that tentative assessment of evidence at the bail stage showing contradictions between medical reports and specific role attributions, alongside suppressed injuries on the accused side, entitles the accused to post-arrest bail.

  Questions settled

  • Whether conflict between the ocular account and medical evidence regarding an exit wound makes a case one of further inquiry under Section 497(2) of the Code of Criminal Procedure 1898?
  • Does the absence of recovery of the weapon of offence during investigation support the grant of post-arrest bail?
  • Whether accused persons in a cross-version case are entitled to bail when the complainant party suppresses injuries sustained by the accused side?
  Read full judgment →
• Muhammad Saleem Nawaz vs Addl. District Judge, Chishtian District2012 PLJ Lahore 382 · Lahore High CourtRead full judgment →
• Muhammad Saleem Nawaz vs Additional District Judge, Chistian,and 22012 C.L.R. 1034, 2012 PLJ Lahore 382, 2012 PLD Lahore 217 · Lahore High Court · 2012-01-25
  ejectment petitionrented premisesmaintainabilitymandatory procedurelandlord and tenantconstitutional petitionstatutory compliance
  Summary & questions settled

  This constitutional petition challenges the legality of eviction orders passed by the Rent Tribunal and an appellate court against the petitioner. The core legal question is whether an ejectment petition is maintainable when the landlord fails to comply with the mandatory procedural requirements stipulated in the Punjab Rented Premises Ordinance, 2007, specifically regarding the deposit of a 10% penalty of the annual rent and the submission of affidavits by the landlord and witnesses. The Court held that the ejectment petition was not maintainable. Relying on the principle that where the law requires an act to be done in a particular manner, it must be performed accordingly, the Court found that the respondent's failure to comply with sections 8, 9(b), and 19(4) of the Ordinance, without offering any sufficient cause or reasonable explanation, rendered the proceedings legally untenable. Consequently, the Court set aside the impugned eviction orders, allowing the respondent to file a fresh petition in accordance with the law.

  Questions settled

  • Is an ejectment petition maintainable if the landlord fails to deposit the 10% penalty required under the Punjab Rented Premises Ordinance 2007?
  • Does the failure to file mandatory affidavits with an eviction application render the petition non-maintainable?
  • Can a defect in complying with mandatory procedural requirements under the Punjab Rented Premises Ordinance 2007 be cured without a showing of sufficient cause?
  Read full judgment →
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• Muhammad Saleem Khan vs Adj, Taxila, etc.2012 PLJ Lahore 447 · Lahore High Court · 2011-12-23Read full judgment →