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. 79,415 judgments in total from the Lahore High Court.

• Mst. Samina Abid vs Chairman, Pakistan International Airlines, Quaid-E-K.L.R. 2009 Civil Cases 325 · Lahore High Court
  writ petitionalternate remedytermination of servicePIA employeesground duty adjustmentconstitutional jurisdictionworkman status
  Summary & questions settled

  This writ petition challenges the termination of an Air Hostess by Pakistan International Airlines (PIA) on the ground of being overweight. The core legal questions were whether the writ petition was maintainable despite the pendency of a Labour Appeal, and whether the termination was lawful given the possibility of adjustment to ground duty. The Court held that the writ petition was maintainable, rejecting the respondent's objection regarding the availability of an alternate remedy. It reasoned that the petitioner faced significant hardship due to the abatement of her previous tribunal appeal and the respondent's inconsistent stance regarding the Labour Court's jurisdiction. Consequently, the Court set aside the termination order, directing the respondent to reinstate the petitioner and adjust her to ground duty, aligning with Supreme Court directives concerning similar PIA cabin crew members. The key principle laid down is that the High Court’s extraordinary jurisdiction under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973, may be invoked to prevent hardship and avoid protracted litigation, even where an alternate remedy exists, particularly when the employer’s actions are discriminatory.

  Questions settled

  • Is a writ petition maintainable when an alternate remedy is pending before a Labour Appellate Tribunal?
  • Can an employee be terminated for being overweight if adjustment to ground duty is a viable alternative?
  • Does the High Court have the authority to exercise jurisdiction under Article 199 to prevent hardship despite the availability of other legal forums?
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• Mst. Samera Butt vs Husnain Ahmad Nasir and 3 others2009 MLD 942 · Lahore High Court · 2009-03-17
  constitutional petitionspecific performancefunctus officioextension of timebalance considerationpreliminary decree
  Summary & questions settled

  This constitutional petition was filed against the concurrent orders of the lower courts dismissing the petitioner's objection petition and allowing the respondent's application under Section 148 of the Code of Civil Procedure 1908 for extension of time to deposit the balance consideration of Rs. 100 pursuant to a decree for specific performance. The core legal question was whether a trial court becomes functus officio after passing a decree in a suit for specific performance and lacks jurisdiction to enlarge time under Section 148, Code of Civil Procedure 1908 for depositing the balance amount. The Lahore High Court held that the trial court does not become functus officio after passing a decree in a suit for specific performance, as such a decree is in the nature of a preliminary decree and the court retains seizin over the lis. The court affirmed that the trial court possesses the jurisdiction to extend time for the deposit of balance consideration under Section 148, Code of Civil Procedure 1908 read with Sections 12 and 35 of the Specific Relief Act 1877 in appropriate circumstances.

  Questions settled

  • Does a trial court become functus officio after passing a decree in a suit for specific performance?
  • Can a trial court extend the time for depositing the balance consideration under Section 148 of the Code of Civil Procedure 1908 after the original deadline has passed?
  • Is a decree passed in a suit for specific performance in the nature of a preliminary decree?
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• Mst. Sameen Butt vs Husnain Ahmed2009 C.L.R. 1097 · Lahore High Court · 2009-03-17Read full judgment →
• Mst. Rukia Bivi vs State Life Insurance Corporation of Pakistan through Chairman and anothers2009 CLD 1213 · Lahore High Court · 2009-05-19
  insurance claimgroup insurancepleadingsadmissionlimitation periodInsurance Tribunalcontractual liability
  Summary & questions settled

  This appeal arises from a dispute regarding the payment of insurance claims following the death of the appellant's son, a Sales Representative for the respondent corporation. The deceased was covered under three insurance categories, but the respondent only paid the claim for the third category. After protracted litigation involving the Federal Ombudsman, the President of Pakistan, and the High Court, the matter was eventually heard by the Insurance Tribunal, which dismissed the appellant's application. The core legal question was whether the appellant's claim for the remaining two insurance categories was valid and enforceable, considering the respondent's admission of the claim's existence and the applicable limitation period. The Court held that the respondent failed to specifically deny the appellant's entitlement to the first two categories in its pleadings, and the respondent's witness admitted to the existence of these coverage types. Consequently, the Court set aside the Tribunal's order and allowed the appeal, ruling that the respondent is liable to pay the outstanding insurance amounts. The judgment affirms that where a party fails to specifically deny the contents of a claim in its pleadings, the claim is deemed admitted.

  Questions settled

  • Does a failure to specifically deny the contents of a claim in a reply constitute an admission of that claim?
  • What is the applicable limitation period for filing an insurance claim before the Insurance Tribunal?
  • Can an insurance company be held liable for unpaid group insurance coverage when its own witness admits to the existence of such coverage?
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• Mst. Rukhsana Bibi vs SHO, P.S. Kameer Distt. Sahiwal and 2 others2009 PLJ Lahore 527 · Lahore High Court · 2006-05-16Read full judgment →
• Mst. Rukhsana Bibi vs S.H.O. P.S. Kameer, District Sahiwal and 2 others2009 YLR 1715 · Lahore High Court · 2006-05-16Read full judgment →
• Mst. Robina Zain vs Government of Punjab, etc. .2009 C.L.R. 1387 · Lahore High Court · 2009-06-02Read full judgment →
• Mst. Robina Ashraf and 5 otherss vs Mst. Shagufta Fardous and 3 others2009 P Cr. L J 1189 · Lahore High Court · 2009-05-15
  quashing of proceedingssecond marriageMuslim Family Law Ordinanceabatementspecial lawNikahnamacriminal complaint
  Summary & questions settled

  Mst. Robina Ashraf and five others filed a petition seeking the quashing of an order passed by a Judicial Magistrate whereby they were summoned to face trial in a complaint filed under section 6(5)(b) of the Muslim Family Law Ordinance, 1961, for contracting or facilitating a second marriage without permission. The core legal question was whether relatives, witnesses, or second wives who facilitate or participate in a second marriage can be prosecuted under section 6(5)(b) of the Muslim Family Law Ordinance, 1961, or under section 109 of the Pakistan Penal Code. The Lahore High Court held that section 6 of the Muslim Family Law Ordinance applies exclusively to the husband who contracts the second marriage, and that penal provisions like section 109 of the Pakistan Penal Code cannot be imported into a special law unless explicitly provided. The Court laid down the principle that participation in a second marriage, signing a nikahnama as a witness or relative, or facilitating the marriage does not constitute an offense under section 6 of the Muslim Family Law Ordinance, 1961, and only the husband can be prosecuted thereunder.

  Questions settled

  • Can a person other than the husband be prosecuted under section 6(5)(b) of the Muslim Family Law Ordinance, 1961 for contracting a second marriage?
  • Do the provisions of section 109 of the Pakistan Penal Code apply to offenses under the Muslim Family Law Ordinance, 1961?
  • Does signing a Nikahnama as a witness or relative constitute an offense of illegal second marriage under the Muslim Family Law Ordinance, 1961?
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• Mst. Rehana Jalal vs S.H.O. Police Station Kot Addu, and 3 others2009 P Cr. L J 138 · Lahore High Court · 2008-03-10
  registration of FIRcognizable offenceJustice of Peacepolice dutyconstitutional petitioncriminal procedure
  Summary & questions settled

  This constitutional petition challenges the dismissal of an application filed under Section 22-A of the Code of Criminal Procedure 1898 by the Justice of Peace. The petitioner sought the registration of an F.I.R. regarding a cognizable offence involving house trespass, molestation, and theft, which the S.H.O. had refused to record. The Justice of Peace had dismissed the application based on a police report characterizing the dispute as civil in nature. Upon review, the High Court observed that the police report relied upon by the Justice of Peace failed to address the specific criminal allegations raised by the petitioner. The Court held that the impugned order was unsustainable due to the lack of proper consideration of the petitioner's allegations. Consequently, the Court disposed of the petition with a direction to the District Police Officer, Muzaffargarh, to ensure the petitioner's statement is recorded by the S.H.O., who is then mandated to proceed in accordance with the law. The judgment reinforces the duty of police authorities to register F.I.R.s for cognizable offences and the necessity for judicial oversight to be based on a thorough examination of the complainant's allegations.

  Questions settled

  • Can a Justice of Peace dismiss an application for the registration of an F.I.R. without addressing the specific criminal allegations made by the complainant?
  • Is a police report sufficient to justify the refusal of an F.I.R. if it fails to reference the specific allegations of a cognizable offence?
  • What is the appropriate remedy when a Justice of Peace fails to properly consider a complaint regarding the non-registration of an F.I.R.?
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• Mst. Rashidan Bibi vs The State2009 YLR 1861 · Lahore High Court · 2008-10-30
  extra-judicial confessionjudicial confessionbenefit of doubtcriminal appealmurder trialprocedural safeguardsrecovery of weaponSection 164 CrPC
  Summary & questions settled

  This criminal appeal challenges the conviction of the appellant for the murder of her daughter. The prosecution’s case rested on an alleged extra-judicial confession made to the appellant’s estranged husband and his cousin, a judicial confession recorded under Section 164, Code of Criminal Procedure 1898, and the recovery of the weapon of offence. The core legal question was whether these pieces of evidence were sufficient to sustain a conviction. The Court held that the prosecution failed to prove the charge beyond reasonable doubt. It ruled that the extra-judicial confession was unbelievable due to the significant delay in reporting and the unnatural conduct of the witnesses, who were admittedly inimical to the appellant. Furthermore, the judicial confession was discarded because the Magistrate failed to adhere to mandatory procedural safeguards, including verifying the appellant's identity and ensuring the statement was voluntary and free from coercion. Consequently, the Court set aside the conviction, emphasizing that evidence tainted by procedural irregularities and enmity cannot support a conviction, and acquitted the appellant by extending the benefit of doubt.

  Questions settled

  • Can a conviction be sustained on an extra-judicial confession made to witnesses who are admittedly inimical to the accused?
  • What are the essential procedural requirements for a Magistrate to record a valid judicial confession under Section 164 of the Code of Criminal Procedure 1898?
  • Does the failure of a Magistrate to verify the identity of an accused and ensure the absence of police pressure invalidate a confession recorded under Section 164 of the Code of Criminal Procedure 1898?
  • Is a recovery of a weapon of offence credible when made long after the occurrence without the association of independent local witnesses?
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• Mst. Rashidan Bibi vs StatePLJ 2009 Cr.C. (Lahore) 594 · Lahore High Court · 2008-10-30
  murderextra-judicial confessionjudicial confessionbenefit of the doubtcriminal appealweapon recoveryappellate acquittal
  Summary & questions settled

  This criminal appeal challenges the judgment of the Additional Sessions Judge, Burewala, convicting the appellant under Section 308 of the Pakistan Penal Code 1860 for the murder of her daughter and sentencing her to 14 years rigorous imprisonment with payment of diyat. The core legal questions involve the evidentiary value and reliability of an alleged extra-judicial confession made to inimical witnesses, the legal validity of a judicial confession recorded under Section 164 of the Code of Criminal Procedure 1898 without fulfilling mandatory procedural safeguards, and the credibility of a belated weapon recovery from an open house without independent corroboration. The Lahore High Court held that the prosecution failed to prove its case beyond a reasonable doubt, as the extra-judicial confession was unnatural, the judicial confession suffered from severe procedural and identity flaws, and the weapon recovery was tainted. The court laid down that a judicial confession must strictly comply with mandatory statutory safeguards and warnings to be admissible, and unnatural conduct of witnesses regarding an extra-judicial confession vitiates its credibility, resulting in the appellant's acquittal through the benefit of the doubt.

  Questions settled

  • Whether an extra-judicial confession made to inimical witnesses whose subsequent conduct is unnatural can form the basis of a criminal conviction?
  • Is a judicial confession admissible and reliable when the recording Magistrate fails to administer mandatory statutory warnings regarding police custody and voluntary compliance under Section 164 of the Code of Criminal Procedure 1898?
  • Can a belated recovery of a weapon of offence from an accessible house, attested only by interested and inimical witnesses without local independent corroboration, sustain a conviction?
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• Mst. Rabia Khizer and others vs Station House Officer and others2009 PLD Lahore 223 · Lahore High Court · 2008-12-29Read full judgment →
• Mst. Rabia Khizar and another vs SHO, Police Station Choochak2009 PLJ Lahore 438 · Lahore High Court · 2008-12-29Read full judgment →
• Mst. Nusrat Asif and 6 others vs Saeed Mirza and another2009 YLR 547 · Lahore High Court · 2007-04-05
  lis pendensburden of proofcancellation of sale deedinheritance disputecivil revisiontemporary injunctionproof of execution
  Summary & questions settled

  This civil revision petition arises from a suit for declaration, possession, and cancellation of sale deeds concerning property inherited by the plaintiff following the death of Mst. Shahzada Begum. The core legal questions were whether the defendant, claiming as the deceased's son, had validly inherited the property or acquired it through genuine sale deeds, and whether a subsequent sale of the property during the pendency of the suit was legally valid. The trial court and the appellate court concurrently held that the defendant failed to prove his status as the deceased's son and failed to prove the execution of the alleged sale deeds, as the marginal witnesses were not produced and the deed writer's testimony was unreliable. The Court affirmed the lower courts' findings, holding that the subsequent sale was hit by the doctrine of lis pendens. The key principle laid down is that a transaction involving property made during the pendency of a suit, in violation of a temporary injunction, is voidable under the doctrine of lis pendens, and the burden of proving the validity of a disputed sale deed rests heavily on the beneficiary when the execution is challenged.

  Questions settled

  • Does the doctrine of lis pendens apply to a property sale executed during the pendency of a suit and in violation of a temporary injunction?
  • Where the execution of a sale deed is challenged, does the burden of proof shift to the beneficiary to prove the transaction?
  • Can a sale deed be considered proved if the marginal witnesses are not produced to testify in court?
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• Mst. Noor Jehan through General Power-of-Attorney vs Mst. Amna Begum2009 C.L.R. 251 · Lahore High CourtRead full judgment →
• Mst. Nasreen Bibi vs StatePLJ 2009 Cr.C. (Lahore) 1006 · Lahore High Court · 2009-01-21
  murder referencecircumstantial evidencechemical examiner reportsecondary evidencebenefit of the doubtpoisoningadmissibility of documents
  Summary & questions settled

  This criminal appeal challenges the conviction and death sentence of the appellant under Section 302(b) Pakistan Penal Code 1860, alongside a murder reference for confirmation, arising from allegations of poisoning family members. The core legal questions involve the admissibility of secondary evidence of chemical examiner reports without fulfilling conditions under the Qanun-e-Shahadat Order 1984, the reliability of circumstantial evidence with missing links, and the effect of acquittal of co-accused charged with abetment. The court held that attested photostat copies of chemical examiner reports are inadmissible without proving loss under the Qanun-e-Shahadat Order 1984, and exclusion of these reports leaves the case with no incriminating evidence, compounded by broken chains of circumstantial evidence and unproven motives. The key legal principles laid down are that secondary evidence of documents is inadmissible without proof of loss and court permission, circumstantial evidence requires an unbroken chain of corroborated facts to sustain a conviction, and the failure to prove foundational conspiracy or abetment casts doubt on the primary offense.

  Questions settled

  • Whether an attested photostat copy of a Chemical Examiner's report is admissible in evidence under Section 510 of the Code of Criminal Procedure 1898 without complying with the provisions for secondary evidence?
  • Can a conviction be sustained on circumstantial evidence when vital links in the chain of events are missing?
  • What is the effect on the prosecution's case when the co-accused charged with the underlying abetment and conspiracy are acquitted?
  • Is it mandatory for the prosecution to prove motive when it forms the sole foundation for a heinous crime?
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• Mst. Nasim Akhtar Tahir vs Syed Zafar Abbas Gillani2009 YLR 2229 · Lahore High Court · 2009-06-02Read full judgment →
• Mst. Musarrat Bibi vs S.H.O, and others2009 YLR 418 · Lahore High Court · 2008-11-14Read full judgment →
• Mst. Mumtaz Begum through Legal Heirs and others vs Muhammad2009 PLD Lahore 418 · Lahore High Court · 2009-04-27
  mutationfraudlimitationrevenue recordjamabandireviewcivil court jurisdiction
  Summary & questions settled

  This petition challenges an order of the Board of Revenue setting aside the District Collector's order which had reviewed and cancelled inheritance and gift mutations after a lapse of nineteen years. The core legal questions involve whether revenue authorities can summarily review long-standing mutations on allegations of fraud after a long delay without addressing limitation, and whether intricate questions of fraud concerning revenue records should be decided by revenue authorities or civil courts. The Lahore High Court dismissed the petition, holding that while fraud vitiates proceedings, a party cannot challenge an order after a long delay without satisfying limitation requirements under the law. Furthermore, long-standing mutations incorporated into successive jamabandies cannot be altered by revenue authorities in summary proceedings on grounds of fraud requiring elaborate inquiry, and the appropriate forum for resolving such disputes is a civil court where parties have full opportunity to lead evidence.

  Questions settled

  • Can revenue authorities alter a long-standing mutation incorporated in successive jamabandies on the ground of fraud in summary proceedings?
  • Whether an application for review of a mutation filed after a significant lapse of time is subject to the law of limitation?
  • Is a civil court the appropriate forum to resolve disputed entries and intricate questions of fraud regarding revenue records?
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• Mst. Mumtaz Begum and 6 others vs Additional Custodian of Enemy2009 PLD Lahore 63 · Lahore High Court · 2008-11-26Read full judgment →
• Mst. Mumtaz Begum (now deceased) and 6 others vs Additional2009 PLJ Lahore 343 · Lahore High CourtRead full judgment →
• Mst. Mumtaz Begum (Now Deceased) And 6 Other vs Additional CustodianK.L.R. 2009 Civil Cases 237 · Lahore High CourtRead full judgment →
• Mst. Maryam Masood vs Mughisuddin Mirza and 2 others2009 CLC 1443 · Lahore High Court · 2009-09-24
  custody of minorvisitation rightswelfare of the minornatural guardianhizanatfamily law
  Summary & questions settled

  This matter concerns a custody and visitation dispute between divorced parents regarding their minor son. The petitioner-mother challenged the visitation schedule granted to the respondent-father, specifically opposing overnight visitation and extended stays during summer vacations, citing concerns regarding the father's remarriage, the stepmother's attitude, and potential disruption to the minor's education. The core legal question was whether the mother’s apprehensions justified restricting the father’s visitation rights, particularly overnight stays. The Court dismissed the petition, holding that the father, as the natural and legal guardian, is entitled to meaningful interaction with the minor. The Court emphasized that the welfare of the minor is the paramount consideration, and that depriving a child of the father's company—absent compelling evidence of harm—is detrimental to the child's psychological growth. The Court rejected the mother's arguments as unfounded and noted that the mother’s persistent obstruction of visitation orders was contrary to the minor's best interests. The judgment establishes that visitation schedules should be liberal to ensure the child benefits from the love and affection of both parents, regardless of parental discord.

  Questions settled

  • Does the presence of a stepmother automatically constitute grounds to restrict a father's visitation rights with his minor child?
  • Is the welfare of the minor the paramount consideration in determining visitation schedules between divorced parents?
  • Can a court grant overnight visitation rights to a father if the mother has custody of the minor?
  • Should a mother be permitted to restrict a father's access to his child based on unproven apprehensions about the child's academic performance?
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• Mst. Manzooran Bibi vs The State and another2009 P Cr. L J 122 · Lahore High Court · 2008-10-07
  bail cancellationpost-arrest bailcriminal procedurejudicial discretionmurderinvestigation report
  Summary & questions settled

  This matter concerns a criminal petition filed under Section 497(5) of the Code of Criminal Procedure 1898, seeking the cancellation of post-arrest bail granted to the respondent by the Additional Sessions Judge, Narowal. The petitioner, the complainant in an FIR registered under Section 302 of the Pakistan Penal Code 1860, challenged the bail order regarding the alleged murder of the complainant's daughter by poisoning. The core legal question was whether the bail order granted by the lower court warranted interference by the High Court. The Court held that the petition lacked merit and dismissed it. The ratio of the decision is that for a bail-granting order to be interfered with under Section 497(5) of the Code of Criminal Procedure 1898, it must be shown to be arbitrary, absurd, or fanciful. The Court established that the discretion exercised under Section 497(5) of the Code of Criminal Procedure 1898 is pari materia with the principles governing the setting aside of acquittal orders, requiring a high threshold of illegality to justify judicial intervention in the lower court's discretion.

  Questions settled

  • What is the legal standard for interfering with a bail-granting order under Section 497(5) of the Code of Criminal Procedure 1898?
  • Is the discretion exercised by a court under Section 497(5) of the Code of Criminal Procedure 1898 comparable to the principles applied in setting aside acquittal orders?
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• Mst. Kishwar Sultana and another vs Muhammad Saddique and another2009 CLC 61 · Lahore High Court · 2008-09-24
  family lawminor maintenancedowry recoveryconstitutional petitionappellate interferencesocietal traditions
  Summary & questions settled

  This constitutional petition challenged an appellate court judgment that denied a minor's claim for maintenance from the date of birth and dismissed a wife's suit for the recovery of dowry articles. The core legal questions concerned whether a minor is entitled to maintenance from birth when the father failed to provide support, and whether the appellate court erred in overturning a trial court's finding on dowry recovery despite the absence of formal receipts. The Court held that the minor was entitled to maintenance from the date of birth, as the evidence confirmed she was born at the maternal grandparents' house and the father failed to prove any prior support. Regarding the dowry, the Court held that the appellate court improperly set aside the trial court's findings. It established that in family disputes, courts must consider societal realities, such as the difficulty of maintaining receipts for dowry articles, and that evidence of the wife's family's financial status, combined with credible testimony, is sufficient to prove the claim for dowry recovery.

  Questions settled

  • Is a minor entitled to maintenance from the date of birth if the father has failed to provide support?
  • Can a claim for the recovery of dowry articles be sustained in the absence of formal receipts?
  • Should courts consider societal traditions and norms when evaluating evidence in family law cases?
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• Mst. Khurshid Bibi and others vs The State and others2009 YLR 1773 · Lahore High Court · 2008-10-20
  Qatl-e-Amdcriminal appealfalse implicationreasonable doubtappreciation of evidencemurderacquittal
  Summary & questions settled

  This criminal appeal challenges the conviction and sentences of the appellants, Mst. Khurshid Bibi and Mst. Shafqat Tahira, who were convicted by the trial court for the murder of Mst. Tameezan Bibi under section 302/34 of the Pakistan Penal Code 1860. The prosecution alleged that the appellants facilitated the murder by restraining the deceased while a co-accused inflicted fatal injuries. The core legal question was whether the prosecution had proven the appellants' guilt beyond a reasonable doubt, given the defense's claims of false implication and the implausibility of the eyewitness account. The Lahore High Court held that the prosecution's narrative was implausible, noting that despite the presence of multiple witnesses, no attempt was made to apprehend the fleeing accused. Furthermore, the Court found the motive weak and the identification of one appellant suspicious, as she was allegedly substituted for another person named in the FIR. Consequently, the Court set aside the convictions, acquitted the appellants, and dismissed the complainant's revision petition for sentence enhancement, establishing that a conviction cannot be sustained on implausible evidence and doubtful identification.

  Questions settled

  • Can a conviction for murder be sustained when the prosecution's account of the incident is implausible and lacks corroboration?
  • Does the substitution of an accused's name in the FIR after the initial registration cast doubt on the prosecution's case?
  • Is a conviction valid when the prosecution fails to prove the motive for the alleged crime?
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• Mst. Khurshid Bibi and others vs State and anothersPLJ 2009 Cr.C. (Lahore) 776 · Lahore High Court · 2008-10-20
  Qatl-e-Amdcommon intentionbenefit of the doubtacquittalappellate jurisdictioncriminal revisionsubstitution of accused
  Summary & questions settled

  This criminal appeal challenges the conviction and sentence of the appellants under Section 302(b)/34 of the Pakistan Penal Code 1860 for the Qatl-e-Amd of the deceased. The core legal question was whether the prosecution had established the guilt of the appellants beyond a reasonable doubt, specifically regarding their alleged active participation in holding the deceased while a co-accused inflicted fatal injuries. The Lahore High Court held that the prosecution's version was implausible, that the evidence lacked credibility, that the motive was weak and unproven, and that one appellant was substituted without proper identification. Consequently, the court acquitted the appellants of the charges, setting aside their conviction and sentence, and dismissed the complainant's revision petition for sentence enhancement. The key principle laid down is that where prosecution evidence regarding common intention and active participation is implausible, uncorroborated, and fraught with material doubts, the benefit of the doubt must be extended to the accused leading to their acquittal.

  Questions settled

  • Whether the uncorroborated testimony of interested witnesses is sufficient to sustain a conviction under Section 302 read with Section 34 of the Pakistan Penal Code 1860?
  • Can a conviction be maintained when the prosecution fails to establish a plausible motive for the crime against the accused?
  • What is the legal effect of substituting an accused person in place of a name mentioned in the First Information Report without proper identification during trial?
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• Mst. Kausar Perveen vs Talib Hussain and another2009 CLC 1292 · Lahore High Court · 2009-06-19
  pauper suitcourt-feeforma pauperiscivil revisionexecution of decree
  Summary & questions settled

  This civil revision petition arises out of a suit for recovery filed by the petitioner-lady as a pauper, which was decreed by the trial court and upheld in appeal by the Additional District Judge. However, the appellate court erroneously directed the successful pauper plaintiff to pay the court-fee within thirty days under threat of dismissal of her suit, and a subsequent application for extension of time was dismissed. The core legal question was whether an appellate court can legally direct a successful pauper plaintiff to pay court-fee personally and penalize non-payment with the dismissal of the suit under Order XXXIII, Rule 10 of the Code of Civil Procedure 1908. The Lahore High Court held that under Order XXXIII, Rule 10, the court-fee is recoverable by the Provincial Government from the party ordered to pay costs and constitutes a first charge on the subject-matter, without placing any liability on the successful pauper plaintiff to pay it personally or subjecting the suit to dismissal. The civil revision was accordingly allowed and the offending orders were set aside.

  Questions settled

  • Whether an appellate court can direct a successful pauper plaintiff to personally pay court-fee under Order XXXIII, Rule 10 of the Code of Civil Procedure 1908?
  • Can a suit be dismissed for non-payment of court-fee by a successful pauper plaintiff where the law makes such fee recoverable from the liable party as a first charge on the subject-matter?
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• Mst. Karisma Bibi vs Addl. District Judge, Attock and others2009 YLR 1522 · Lahore High Court · 2009-04-08Read full judgment →
• Mst. Karisma Bibi vs Addl. District Judge Attock etc2009 C.L.R. 1102 · Lahore High Court · 2009-04-08Read full judgment →
• Mst. Kanizan Bibi vs Allah Ditta and others2009 YLR 22 · Lahore High Court · 2007-04-02Read full judgment →
• Mst. Kaneez Nargis vs Millat Tractors Ltd., Sheikhupura Road through Chief Executive and 3 others2009 YLR 1462 · Lahore High Court · 2009-03-12
  writ jurisdictionmaintainability of writ petitiondefinition of personArticle 199private limited companystate controlcommercial dispute
  Summary & questions settled

  The petitioner filed a writ petition against Millat Tractors Limited seeking relief regarding a commercial dispute over the delivery and pricing of tractors. The core legal question was whether a private limited company, lacking government financial or administrative control, qualifies as a 'person' under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973, thereby making a writ petition maintainable against it. The Court held that the writ petition was not maintainable. It reasoned that for a body to be considered a 'person' performing functions in connection with the affairs of the Federation or a Province, the State must exercise absolute, unfettered, and exclusive control over its management and finances. Since Millat Tractors Limited is a private entity without such government control, it does not fall within the definition of 'person' under Article 199. Consequently, the Court dismissed the petition, establishing that private commercial entities not under state control are not subject to writ jurisdiction.

  Questions settled

  • Is a private limited company without government financial or administrative control a 'person' under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973?
  • What degree of state control is required for a body to be subject to the writ jurisdiction of the High Court?
  • Can a writ of mandamus be issued against a private company for a commercial dispute regarding the supply of goods?
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• Mst. Kaneez Nargis vs Millat Tractors Ltd., Lahore through Chief2009 PLJ Lahore 783 · Lahore High Court · 2009-03-12Read full judgment →
• Mst. Kalsoom Fatima vs Additional District Judge and 2 others2009 YLR 1152 · Lahore High Court · 2008-10-23Read full judgment →
• Mst. Kalsoom Bibi vs District and Sessions Judge, Bahawalpur and another2009 MLD 421 · Lahore High Court · 2008-06-05
  recording of statementSection 164 Cr.P.C.territorial jurisdictioncriminal revisionmala fideinvestigationdiscretionary power
  Summary & questions settled

  Mst. Kalsoom Bibi invoked the revisional jurisdiction of the Lahore High Court challenging an order of the District and Sessions Judge, Bahawalpur, who had declined to direct a Magistrate to record her statement under Section 164 of the Code of Criminal Procedure 1898 in relation to a criminal case registered against her husband in Karachi. The core legal question was whether a Magistrate is under a mandatory statutory obligation to record a statement under Section 164 of the Code of Criminal Procedure 1898 upon request, and whether such a statement can be conveniently recorded outside the territorial jurisdiction where the crime is registered and investigated. The Lahore High Court held that the power to record statements and confessions under Section 164 is discretionary and must be exercised judiciously, particularly when mala fide is apparent to create a defense against an ongoing investigation. The Court laid down that statements under Section 164 should ordinarily be recorded by a Magistrate within the district where the case is registered and preferably by the area Magistrate having territorial jurisdiction under Section 12 of the Code of Criminal Procedure 1898, unless compelling circumstances justify otherwise. Furthermore, an administrative order passed by a Sessions Judge in this regard is not amenable to criminal revision.

  Questions settled

  • Is a Magistrate under a mandatory statutory obligation to record a statement or confession under Section 164 of the Code of Criminal Procedure 1898 upon request?
  • Whether the power to record statements under Section 164 of the Code of Criminal Procedure 1898 is discretionary and requires a judicious exercise based on the facts and circumstances of the case?
  • Should statements under Section 164 of the Code of Criminal Procedure 1898 ordinarily be recorded by a Magistrate of the district where the criminal case is registered?
  • Is an administrative order passed by a District and Sessions Judge regarding the routing of Section 164 applications challengeable through a criminal revision petition?
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• Mst. Kalsoom Begum vs Member, Board Of Revenue, Etc.K.L.R. 2009 Civil Cases 310 · Lahore High Court · 2008-10-24Read full judgment →
• Mst. Kalsoom Begum vs Member Judicial, Board of Revenue2009 MLD 1362 · Lahore High Court · 2009-06-03Read full judgment →
• Mst. Iqbal Mai and 3 others vs Aziz Khan2009 PLJ Lahore 773 · Lahore High Court · 2009-04-14
  civil revisionapprobate and reprobatelocal commissiondemarcation reportpossession suitestoppelconcurrent findings
  Summary & questions settled

  This civil revision petition challenges the concurrent judgments and decrees passed by the lower courts, which decreed a suit for possession in favor of the respondent. The core legal question was whether the petitioners, having invited the appellate court to appoint a local commission (Tehsildar) to demarcate the disputed property and having agreed to be bound by the outcome of that report, could subsequently challenge the findings of that report when it went against them. The appellate court had dismissed the appeal based on the Tehsildar's report, which confirmed the property's location. The High Court held that the petitioners were bound by their own offer and commitment made before the appellate court. The Court affirmed the principle that a party cannot be allowed to approbate and reprobate in the same breath, nor can a party resile from a commitment or offer made before the court once the court has acted upon it. Consequently, the High Court found no merit in the revision petition and dismissed it, upholding the concurrent findings of the lower courts.

  Questions settled

  • Can a party challenge a court-appointed commission report after having explicitly agreed to be bound by its findings?
  • Does the principle of approbate and reprobate prevent a party from resiling from a commitment made before a court?
  • Are concurrent findings of fact by lower courts subject to interference in civil revision when based on a commission report requested by the parties?
  Read full judgment →
• Mst. Imrana Nazir vs S.P. Regional Investigation Bureau, Bhawalpur2009 YLR 1766 · Lahore High Court · 2008-08-18Read full judgment →
• Mst. Imrana Nazir vs S.P. Regional Investigation Bureau, Bahawalpur2009 PLJ Lahore 367 · Lahore High Court · 2008-08-18Read full judgment →
• Mst. Ijaz Begum vs State Life Insurance Corporation2009 CLD 1317 · Lahore High Court · 2009-06-10
  life insurance claimlimitation periodres judicatainsurance tribunalburden of prooffraud allegationscheque encashment
  Summary & questions settled

  This appeal arises from a dispute regarding a life insurance claim filed by the appellant following the death of her husband. The respondent insurance corporation repudiated the claim, alleging that the initial premium cheque was bogus and that the policy was fraudulently finalized after the insured's death. The Insurance Tribunal dismissed the appellant's application, citing limitation bars under the Limitation Act and the principle of res judicata. Upon appeal, the Lahore High Court addressed whether the application was time-barred and whether the matter was barred by res judicata. The Court held that the limitation period under Article 86-A of the Limitation Act applied to civil suits filed prior to the establishment of Insurance Tribunals in 2006, thus the application was timely. Regarding res judicata, the Court found it inapplicable as previous proceedings had not resulted in a final adjudication on merits. Furthermore, the Court rejected the respondent's fraud allegations, noting the failure to produce evidence or witnesses to substantiate claims of cheque manipulation. The appeal was allowed, and the claim was upheld.

  Questions settled

  • Does the limitation period provided under Article 86-A of the Limitation Act 1908 apply to applications filed before Insurance Tribunals established in 2006?
  • Can the principle of res judicata be invoked when previous proceedings were remanded for reconsideration rather than finally adjudicated?
  • Is a document indicating non-encashment of a cheque admissible without the testimony of the issuing bank official to support it?
  Read full judgment →
• Mst. Haneefan Bibi vs District Judge, Lodhran and another2009 YLR 2215 · Lahore High Court · 2009-06-12Read full judgment →
• Mst. Hamida Yasmin vs Ahmad Ali and another2009 CLC 438 · Lahore High Court · 2008-10-06Read full judgment →
• Mst. Gulzar Bibi vs Muhammad Riaz and another2009 YLR 273 · Lahore High Court · 2008-10-14
  specific performancetemporary injunctionstay of proceedingscivil revisionjurisdiction
  Summary & questions settled

  This civil revision petition arises from a dispute involving a suit for specific performance of an agreement to sell filed by respondent No. 2 against the petitioner and respondent No. 1. In that suit, respondent No. 2 sought a temporary injunction to restrain the petitioner from pursuing her own separate suit against respondent No. 1. While the trial court initially dismissed the application for a temporary injunction, the Additional District Judge, Ferozewala, subsequently allowed the appeal and granted the injunction, effectively staying the petitioner's suit. The core legal question before the High Court was whether the appellate court possessed the jurisdiction to stay proceedings in a separate, pending civil suit. The High Court held that the appellate court acted without jurisdiction in granting the injunction. The court emphasized the established legal principle that lawful proceedings in a suit pending before a court of competent jurisdiction cannot be stayed unless the circumstances strictly fall within the parameters of Section 10 of the Code of Civil Procedure 1908. Consequently, the impugned order was set aside.

  Questions settled

  • Can a court stay proceedings in a separate pending suit outside the scope of Section 10 of the Code of Civil Procedure 1908?
  • Does an appellate court have the jurisdiction to grant an injunction restraining a party from pursuing a separate civil suit?
  Read full judgment →
• Mst. Ghulam Zohra vs Rehmat Ali2009 MLD 224 · Lahore High Court · 2008-09-09Read full judgment →
• Mst. Ghulam Safeena vs Judge Family Court2009 C.L.R. 1382 · Lahore High Court · 2009-04-27Read full judgment →
• Mst. Ghulam Bibi vs Nazar Muhammad2009 YLR 29 · Lahore High Court · 2007-11-16
  additional evidenceOrder XLI Rule 27declaratory suitfilling of lacunaecivil revisionappellate court
  Summary & questions settled

  This civil revision petition arises out of a declaratory suit decreed in favor of the respondent by the trial court. During the pendency of the petitioner's appeal, the petitioner filed an application under Order XLI, Rule 27 of the Code of Civil Procedure (erroneously referred to in the text as Cr.P.C.) seeking to produce additional evidence to examine witnesses for proving a document marked as Exh.D10. The lower appellate court dismissed the application. The Lahore High Court examined the matter and held that since the document was produced by the petitioner herself before the trial court, it was her duty to examine the relevant witnesses at the trial stage, and an omission to do so cannot be rectified by producing additional evidence on appeal. The court established the principle that additional evidence under Order XLI, Rule 27 cannot be allowed merely to fill up lacunae left during the trial. Consequently, the High Court dismissed the civil revision petition.

  Questions settled

  • Whether additional evidence under Order XLI Rule 27 of the Code of Civil Procedure 1908 can be allowed to fill a lacuna left by a party during the trial?
  • Is a party permitted to produce witnesses on appeal to prove a document that the party herself produced before the trial court but failed to examine witnesses for?
  Read full judgment →
• Mst. Fayyazi Begum and 6 others vs Ali Hassan and anothers2009 CLD 1476 · Lahore High Court · 2009-05-13
  surety bondexecution of decreedeath of suretylegal heirs liabilitycontinuing guaranteerevocation of guaranteeobjection petition
  Summary & questions settled

  This matter concerns an appeal against an order of the executing court, which held the legal heirs of a deceased surety liable for a decretal amount. The core legal question was whether a surety bond furnished in court remains enforceable against the estate of a surety who dies before the passing of the decree. The court held that a surety bond must be construed strictly according to its terms. Since the surety died before any decree was passed or liability was determined against the principal debtor, the surety's obligation did not crystallize during his lifetime. The court ruled that a decree passed after the death of the surety does not bind the deceased or his legal heirs. Furthermore, the court affirmed that the death of a surety operates as a revocation of a continuing guarantee regarding future transactions. Consequently, the court set aside the impugned order, holding that the estate of the deceased surety is not liable for the decretal amount, except to the extent of the share inherited by the principal debtor.

  Questions settled

  • Does a surety bond furnished in court remain enforceable against the surety's estate if the surety dies before the decree is passed?
  • Does the death of a surety operate as a revocation of a continuing guarantee under the Contract Act 1872?
  • Can the legal heirs of a deceased surety be held liable for a decretal amount if the surety died prior to the judgment and decree?
  Read full judgment →
• Mst. Fayyazi Begum and 6 others vs Ali Hassan and another2009 CLC 1289 · Lahore High Court · 2009-05-13Read full judgment →
• Mst. Fayyazi Begum And 6 Other vs Ali Hassan And AnotherK.L.R. 2009 Civil Cases 296 · Lahore High Court · 2009-04-23Read full judgment →
• Mst. Fatima vs Mst. Budhai and 29 others2009 MLD 216 · Lahore High Court · 2008-09-22Read full judgment →
• Mst. Farzana Younis vs Addl. District Judge, Faisalabad, and 2 others2009 PLJ Lahore 598 · Lahore High Court · 2009-03-24Read full judgment →
• Mst. Farzana Younis vs A.D.J., Etc.K.L.R. 2009 Civil Cases 141 · Lahore High Court · 2009-03-24Read full judgment →
• Mst. Farzana Yasmin and another vs The State2009 YLR 916 · Lahore High Court · 2008-10-15
  post-arrest bailfurther inquirydelay in F.I.R.murderchemical examiner reporthumanitarian grounds
  Summary & questions settled

  This matter concerns a post-arrest bail application filed by a husband and wife accused of murder under sections 302/337-J of the Pakistan Penal Code 1860. The core legal question was whether the petitioners were entitled to bail given the circumstances of the case and the evidence presented. The Lahore High Court held that the petitioners were entitled to bail, finding that the case against them required further inquiry. The Court noted a significant, unexplained six-month delay in the registration of the First Information Report (F.I.R.), which cast doubt on the prosecution's narrative. Additionally, the Court observed that the medical evidence regarding the cause of death—poisoning by a tranquilizer—required trial determination to establish the petitioners' specific responsibility. The Court also highlighted that co-accused with similar roles had been found innocent during the police investigation. Furthermore, the Court considered the humanitarian ground that the female petitioner was incarcerated with a suckling baby and a minor child. Consequently, the Court granted bail, establishing that unexplained delays in F.I.R. registration and inconsistencies in the prosecution's story justify further inquiry, warranting bail.

  Questions settled

  • Does an unexplained six-month delay in registering an F.I.R. constitute a ground for further inquiry in a bail application?
  • Can bail be granted when co-accused with similar roles have been found innocent during police investigation?
  • Is the presence of a suckling baby a relevant factor for the court to consider when granting bail to a female accused?
  Read full judgment →
• Mst. Farzana Kausar vs Muhammad Tufail and 2 others2009 YLR 2339 · Lahore High Court · 2009-05-26Read full judgment →
• Mst. Farhat Hashmi vs The State, etc.2009 C.L.R. 1266 · Lahore High Court · 2009-06-16Read full judgment →
• Mst. Barkat Bibi vs Mst Rubina Kausar and 2 others2009 YLR 1106 · Lahore High Court · 2009-01-13Read full judgment →
• Mst. Asmat Elahi vs Khizer Hayat and 3 others2009 CLC 188 · Lahore High Court · 2008-03-25
  civil revisionspecific performanceclosure of evidenceremand of suitcross-examination
  Summary & questions settled

  This civil revision petition is directed against the order of the Additional District Judge, Multan, which set aside the trial court's dismissal of a suit for specific performance and remanded the matter for decision afresh. The core legal question involved the propriety of closing the plaintiffs' evidence after numerous adjournments and whether the appellate court erred in interfering with the trial court's discretion. The Lahore High Court held that since the record demonstrated the plaintiffs had brought evidence on two dates but it was not recorded due to the failure of the petitioner's counsel to cross-examine them, and the petitioner failed to justify this omission, the appellate court rightly set aside the dismissal. The petition was accordingly dismissed in limine.

  Questions settled

  • Whether an appellate court is justified in setting aside the dismissal of a suit where evidence was not recorded due to the failure of the opposing counsel to cross-examine available witnesses?
  • Can a party plead the default of the opposing party in producing evidence when the party itself failed to cross-examine witnesses presented on prior dates?
  Read full judgment →
• Mst. Asifa Manzoor And 2 Other vs Rana Muhammad Ashfaq KhanK.L.R. 2009 Civil Cases 1 · Lahore High Court · 2008-09-23Read full judgment →
• Mst. Amtul Haseen and another vs Land Acquisition Collector, Highway Department, Lahore and 3 others2009 PLD Lahore 524 · Lahore High Court · 2009-05-20
  land acquisitioncompensation enhancementcommercial potentialmarket valueright of accessstatutory interestcompulsory acquisition
  Summary & questions settled

  This appeal concerns the determination of fair compensation for land acquired by the Highways Department for road construction. The appellants challenged the trial court's valuation, arguing that their land possessed significant commercial potential and direct access to the main road, which the lower court had undervalued. The High Court held that the trial court erred by ignoring evidence of the land's commercial nature and proximity to the main road. Crucially, the Court determined that a government-owned strip separating the land from the road does not negate the land's access or commercial status. Emphasizing that compensation must be liberal and fair, the Court ruled that authorities must consider 'plus factors' such as frontage, proximity to developed areas, and future potential. The Court rejected a restrictive reliance on 'Aust Yaksala' (one-year average) when credible sale deeds and oral evidence established a higher market value. Consequently, the Court enhanced the compensation to Rs. 85,000 per Marla, including statutory interest and additional compensation under the Land Acquisition Act 1894.

  Questions settled

  • Does the existence of a government-owned strip of land between a property and a main road negate the property's commercial potential or access for compensation purposes?
  • Is a court restricted to using 'Aust Yaksala' (one-year average) as the sole basis for determining compensation in land acquisition cases?
  • What factors should a court consider when determining fair and just compensation for acquired land?
  • Are landowners entitled to compound interest on enhanced compensation under the Land Acquisition Act 1894?
  Read full judgment →
• Mst. Amina Saeed Khaga- Petitioner vs Judge Family Court, Lahore and another2009 YLR 1891 · Lahore High Court · 2009-03-11Read full judgment →
• Mst. Amina Saeed Khaga vs Judge Family Court, Lahore and another2009 PLJ Lahore 472 · Lahore High Court · 2009-03-11Read full judgment →
• Mst. Allah Rakhi vs D.P.O. Gujranwala and 5 others2009 MLD 99 · Lahore High Court · 2008-07-31
  fake police encounterregistration of second FIRcognizable offenceconstitutional jurisdictionalternative remedypolice excess
  Summary & questions settled

  This constitutional petition was filed by the mother of a deceased person seeking the registration of a criminal case against police and private respondents for allegedly killing her son in a fake police encounter. The core legal question concerned whether an independent first information report (FIR) can be registered on a counter-version involving entirely different facts and allegations, despite an existing FIR regarding the same incident. The Lahore High Court held that where the petitioner's version presents a distinct cognizable offence with completely different facts and a disputed place of occurrence, there is no bar to the registration of a second FIR. The court laid down the principle that the police are under a mandatory duty under section 154 of the Code of Criminal Procedure 1898 to register a case when a cognizable offence is disclosed, and alternative remedies do not absolutely bar the exercise of constitutional jurisdiction in exceptional circumstances.

  Questions settled

  • Whether the availability of an alternative remedy under sections 22-A and 22-B of the Code of Criminal Procedure 1898 operates as an absolute bar against the exercise of constitutional jurisdiction by the High Court?
  • Is there any legal bar against the registration of a second FIR regarding the same occurrence when it presents an entirely different version of facts?
  • Whether the police are bound under section 154 of the Code of Criminal Procedure 1898 to register a case when an application discloses the commission of a distinct cognizable offence?
  • What is the liability of a complainant under section 182 of the Code of Criminal Procedure 1898 if the version narrated in the subsequently registered case is ultimately found to be false?
  Read full judgment →
• Mst. Akhtar Bibi vs Govt. of Pakistan through its Secretary Defence and 22009 PLJ Lahore 824 · Lahore High CourtRead full judgment →
• Mst. Aisha Bibi vs Principal, Government Elementary Teachers' Training2009 CLC 156 · Lahore High Court · 2008-07-28Read full judgment →
• Mst. Aisha Bibi vs Principal, Government Elementary Teacher's Training2009 PLJ Lahore 329 · Lahore High CourtRead full judgment →
• Mst. Afzal Jahan vs Maqbool Ahmed Butt and 3 others2009 C.L.R. 1363 · Lahore High Court · 2009-05-20Read full judgment →
• Mst. Afzal Jahan vs Maqbool Ahmad Butt and others2009 YLR 1870 · Lahore High Court · 2009-05-20Read full judgment →
• Mst, Rabia Khizar and another vs Station House Officer, Police Station2009 C.L.R. 609 · Lahore High Court · 2008-12-29Read full judgment →
• Mst Noor Jehan vs Amna Begum and 5 others2009 PLJ Lahore 154 · Lahore High Court · 2008-10-14Read full judgment →
• Ms. Sughran vs Station House Officer, Police Station Chak Jhumra, District Faisalabad and anotherPLJ 2009 Cr.C. (Lahore) 574 · Lahore High Court · 2008-07-02
  habeas corpusillegal detentionpolice torturephysical remandproclaimed offenderpolice accountabilitycustodial violence
  Summary & questions settled

  This habeas corpus petition was filed following a court-ordered raid on a police station, where the court's bailiff discovered two detainees in illegal custody. The detainees alleged they were arrested weeks prior, subjected to physical torture, and shuttled between police stations without being produced before a Magistrate for remand. The police officers involved claimed the detainees were dangerous proclaimed offenders and offered conflicting, unsubstantiated justifications for the lack of formal arrest entries, citing building conditions as a reason for the irregular detention. The court held that while the detainees were indeed accused in serious criminal cases and declared proclaimed offenders, the police's failure to follow legal procedure—specifically the lack of remand and failure to record arrests—constituted illegal detention. The court affirmed that the existence of criminal cases does not justify extra-legal detention or torture. Consequently, the court ordered a medical examination for the detainees, directed an independent inquiry by the Superintendent of Police into the illegal detention and torture allegations, and ordered a change of the investigating officer for the underlying criminal cases.

  Questions settled

  • Does the existence of pending criminal cases against a detainee justify their detention without formal remand or record?
  • Is a police officer responsible for illegal activities occurring within the premises of their police station even if they claim absence?
  • Can a court order an independent inquiry into allegations of custodial torture during habeas corpus proceedings?
  Read full judgment →
• Ms. Subleem Ali vs Government of Punjab2009 YLR 116 · Lahore High Court · 2008-09-11Read full judgment →
• Mrs. Shahida Anwar vs Deputy Collector Customs, Lahore and 4 others2009 PTD 1860 · Lahore High Court · 2009-04-17
  import policy orderbeneficial notificationretrospective effectpast and closed transactioncustoms confiscationconstitutional petition
  Summary & questions settled

  This matter concerns a constitutional petition challenging a show-cause notice issued by customs authorities for the confiscation of an imported vehicle under the Import Policy Order, 2004, due to a discrepancy in the declared year of manufacture. The core legal question is whether a subsequent, beneficial import policy order allowing older vehicles can be applied retrospectively to a pending import matter that was not a past and closed transaction. The Lahore High Court held that a beneficial statutory notification or concessionary order conferring advantages on a citizen may operate retrospectively unless the relevant transaction is past and closed, or specifically excluded. The Court laid down the principle that where proceedings regarding importability remain pending and no final charging order or clearance has been issued prior to the promulgation of a beneficial policy, the benefit of the enlarged concession must be extended to the importer.

  Questions settled

  • Whether a beneficial statutory notification can operate retrospectively to cover pending proceedings?
  • At what point does an import transaction become a past and closed transaction preventing the application of a subsequent policy?
  • Whether writ jurisdiction is an appropriate remedy to challenge the effectiveness date of a statutory instrument when departmental authorities cannot grant such relief?
  Read full judgment →
• Mrs. Riffat Saraj through Special Attorney vs Eye Television Network2009 CLD 1133 · Lahore High Court · 2009-05-18
  copyright infringementmoral rightsassignment of copyrighttemporary injunctionauthorship rightsintellectual propertymandatory injunction
  Summary & questions settled

  The appellant, an author, filed a suit for a mandatory injunction against the respondents, a television network, seeking to have her name credited as the writer of a drama serial based on her novel. The respondents argued that the appellant had assigned all rights to the script to a third party for consideration, thereby divesting her of any claim to the work. The trial court dismissed the appellant's application for a temporary injunction, holding that the assignment of rights precluded her claim. On appeal, the Lahore High Court examined whether the assignment of copyright in an intellectual work includes the waiver of the author's moral rights. The Court held that while economic rights can be assigned, an author's moral rights—specifically the right to be identified as the creator—are personal and not assignable. The Court found that the appellant established a prima facie case and that the balance of convenience favored her, as the respondents would suffer no prejudice by crediting her. Consequently, the Court set aside the trial court's order and granted the injunction, affirming the principle that moral rights remain vested in the author despite the assignment of copyright.

  Questions settled

  • Are an author's moral rights assignable along with the copyright of an intellectual work?
  • Does the assignment of copyright in a script for valuable consideration automatically extinguish the author's right to be identified as the creator?
  • Can an author obtain a mandatory injunction to ensure their name is credited on a work after assigning the economic rights to that work?
  Read full judgment →
• Mrs. Khalida Amjad vs Government of the Punjab through Secretary of Education, Lahore and another2009 PLC (C.S.) 1 · Lahore High Court · 2008-07-04
  departmental inquiryde novo inquiryservice lawstatutory limitationexonerationmandatory provisionscompetent authority
  Summary & questions settled

  The petitioner, a government employee, challenged the initiation of a de novo departmental inquiry against her after she had already been exonerated by an Enquiry Officer. Following her exoneration in December 2006, the competent authority failed to act within the statutory timeframe, subsequently ordering a fresh inquiry in September 2007. The core legal question was whether the competent authority could order a de novo inquiry after the expiration of the thirty-day period prescribed by the Punjab Removal from Service (Special Powers) Ordinance, 2000. The Lahore High Court held that the authority acted in excess of its jurisdiction by ignoring the mandatory statutory timeline. The Court set aside the impugned order, emphasizing that where a statute prescribes a specific manner for performing an act, it must be performed strictly in that manner. The judgment establishes the principle that departmental authorities must adhere to the mandatory time limits set by the governing statute for ordering de novo inquiries, and failure to do so renders subsequent proceedings legally unsustainable and void.

  Questions settled

  • Can a competent authority order a de novo inquiry after the expiration of the 30-day period prescribed under the Punjab Removal from Service (Special Powers) Ordinance, 2000?
  • Is the requirement to order a de novo inquiry within 30 days of the submission of an enquiry report mandatory or directory?
  • Does the failure to adhere to the statutory timeline for ordering a de novo inquiry render the departmental order void?
  Read full judgment →
• Mrs. Kausar Iqbal Bhatti, Advocate High Court Bahawalpur vs Shafqat Atta S.H.O. Police Station Cantt., Bahawalpur and 25 others2009 PLJ Lahore 733 · Lahore High Court · 2009-03-30Read full judgment →
• Mrs. Hina Adil vs StatePLJ 2009 Cr.C. (Lahore) 601 · Lahore High Court · 2009-03-16
  pre-arrest baildishonour of chequeSection 489-F PPCbusiness disputefinancial corruptionprohibitory clausecriminal intent
  Summary & questions settled

  This matter concerns a pre-arrest bail application filed by a woman accused in two FIRs registered under Section 489-F, Pakistan Penal Code 1860, following the dishonour of cheques issued during a partnership business dispute. The core legal questions addressed were whether the cheques were issued with dishonest intention or as a security guarantee, whether the offence under Section 489-F constitutes "financial corruption," and whether a female accused is entitled to bail under the provisions of the Code of Criminal Procedure 1898. The court held that the offence under Section 489-F does not fall within the ambit of "financial corruption" and does not attract the prohibitory clause of Section 497(1), Code of Criminal Procedure 1898. The court confirmed the bail, establishing that the element of dishonesty must be proven on a case-to-case basis. It ruled that cheques issued as security within a bona fide business relationship do not automatically constitute criminal fraud. Furthermore, the court affirmed that while civil and criminal proceedings may proceed simultaneously, the nature of the transaction here indicated a contractual dispute rather than criminal deception.

  Questions settled

  • Does the offence of dishonestly issuing a cheque under Section 489-F, Pakistan Penal Code 1860, fall within the ambit of 'financial corruption'?
  • Is a woman accused of an offence under Section 489-F, Pakistan Penal Code 1860, entitled to the benefit of the provisos to Section 497(1), Code of Criminal Procedure 1898?
  • Can criminal proceedings under Section 489-F, Pakistan Penal Code 1860, be initiated while a civil suit regarding the same contractual dispute is pending?
  • Does the dishonour of a cheque issued as a security guarantee in a business relationship automatically establish dishonest intention under Section 489-F, Pakistan Penal Code 1860?
  Read full judgment →
• Mrs. Ayesha Rasheed, Subject Specialist (Home Economics) Punjab2009 PLJ Lahore 761 · Lahore High Court
  writ petitiontermination of serviceprinciple of consistencyequality before lawdiscriminationreinstatementgood governance
  Summary & questions settled

  This writ petition was filed by the petitioner, a Subject Specialist (Home Economics) in BS-17 appointed in the Punjab Textbook Board, challenging her termination from service. The core legal question was whether a similarly placed employee could be denied the benefit of a judicial judgment declaring identical terminations illegal, and whether such differential treatment violated the principle of equality under Article 25 of the Constitution of Pakistan. The Lahore High Court held that the petitioner was subjected to unlawful discrimination when her colleagues holding identical posts were reinstated pursuant to judicial orders and executive directives while she was left out. The Court ruled that where a court decides a point of law relating to terms of employment, the dictates of good governance and justice require extending the benefit to all similarly situated employees without compelling them to litigate individually. The termination order was set aside and the respondents were directed to reinstate the petitioner.

  Questions settled

  • Whether an employee who was not a party to previous litigation can claim the benefit of a judgment under the principle of consistency and Article 25 of the Constitution of Pakistan?
  • Does the termination of an employee after five years of continuous service without a justifiable cause violate service jurisprudence?
  • Can a state institution discriminate between similarly placed employees in the matter of reinstatement into service?
  Read full judgment →
• Mrs, Zahida Perveen vs Secretary Health, Government of Punjab, Lahore and 8 others2009 PLC (C.S.) 94 · Lahore High Court · 2007-09-18
  transfer and postingpolitical considerationsmala fidescivil servantwrit petition
  Summary & questions settled

  This writ petition was filed by Mrs. Zahida Perveen, a Nursing Instructor in BPS-17 promoted to Principal School of Nursing, D.H.Q. Khanewal, challenging her transfer order dated 8-9-2007 and a subsequent modified order dated 11-9-2007, alleging they were issued on political considerations at the instance of the Chief Minister's Secretariat. The core legal question was whether civil servants can be transferred on external political directives in violation of established norms and judicial pronouncements. The Lahore High Court held that the impugned transfer orders, having been issued on the directives of the Chief Minister's Secretariat and subsequently modified to conceal mala fides, were illegal and violative of the law. The Court laid down the principle that public functionaries must act within the four corners of the law and cannot flout with impunity the dictum laid down by the Supreme Court regarding transfers made on political considerations.

  Questions settled

  • Whether a transfer order of a civil servant issued on the directives of the Chief Minister's Secretariat is sustainable in law?
  • Can subsequent administrative orders issued to cover up the lacunas and mala fides of an earlier transfer order validate the action?
  • Whether transfers made on political considerations violate the dictum laid down in Zahid Akhtar's case?
  Read full judgment →
• Mst. Gulnaz vs Ghulam Mohi-ud-Din2009 C.L.R. 861 · Lahore High Court · 2008-10-22Read full judgment →
• Momin Ayub and 2 others vs Lahore Development Authority through Director General, Lahore and 3 others2009 MLD 269 · Lahore High Court · 2008-10-16Read full judgment →
• Mohsin Raza vs Chairman, Federal Board of Revenue and others2009 PTD 1507 · Lahore High Court · 2009-07-14
  Income tax auditSection 177Deemed assessmentAudit selection criteriaFederal Board of RevenueCommissioner of Income TaxAudi alteram partemNatural justiceArbitrary selectionConstitutional petition
  Summary & questions settled

  Multiple writ petitions were filed under Article 199 of the Constitution challenging orders issued by the Commissioner of Income Tax selecting the petitioners' income tax affairs for audit under Section 177(4)(d) of the Income Tax Ordinance 2001 for tax year 2008. The petitioners contended that the selection was arbitrary, made without the prerequisite criteria from the Federal Board of Revenue (FBR), lacked objective reasons, and failed to provide prior notice. The department argued that Section 177(4)(d) conferred independent discretionary power upon the Commissioner and that the petitions were premature. The Lahore High Court accepted the petitions and declared the selection orders unlawful and void. The Court held that Section 177(4) is secondary to and cannot be invoked in isolation from subsections (1) and (2); the FBR must first lay down criteria under Section 177(1), which the Commissioner must follow under Section 177(2). Furthermore, invoking Section 177(4)(d) requires the Commissioner to form a reasoned opinion demonstrating that declared income is incorrect. Additionally, natural justice requires prior notice before selecting a taxpayer for audit.

  Questions settled

  • Can the Commissioner of Income Tax select a taxpayer's income tax affairs for audit under Section 177(4)(d) of the Income Tax Ordinance 2001 in the absence of audit selection criteria laid down by the Federal Board of Revenue under Section 177(1)?
  • Is the word 'may' in Section 177(1) of the Income Tax Ordinance 2001 to be read as mandatory ('shall') to make the requirement of laying down selection criteria obligatory?
  • Is the Commissioner of Income Tax required to form a reasoned opinion regarding the incorrectness of declared income before selecting a person's case for audit under Section 177(4)(d) of the Income Tax Ordinance 2001?
  • Is a prior show-cause notice or opportunity of hearing mandatory under principles of natural justice before selecting a taxpayer's case for income tax audit under Section 177 of the Income Tax Ordinance 2001?
  Read full judgment →
• Mohsin Ali vs Additional District Judge, Faisalabad and 2 others2009 YLR 1451 · Lahore High Court · 2009-03-24Read full judgment →
• Moazzam Ali and another vs StatePLJ 2009 Cr.C. (Lahore) 1286 · Lahore High Court · 2008-11-12
  post-arrest bailhighway robberyfurther inquiryidentification paradeunnamed accusedrecovery evidence
  Summary & questions settled

  This petition for post-arrest bail arises from FIR No. 552/2007, involving allegations of highway robbery under Sections 395, 392, and 109 of the Pakistan Penal Code 1860. The petitioners, who were not named in the FIR, sought bail on grounds including their prolonged incarceration since September 2007, the failure of the prosecution to conduct an identification parade, and the alleged fabrication of recovery evidence. The State opposed the bail, citing the recovery of identity cards and cash as sufficient evidence of involvement. The Court held that because the petitioners were not named in the FIR, no identification parade was held, and the trial had not yet commenced, the sufficiency of the alleged recoveries to connect the accused to the crime remained a matter for the trial court to determine after evidence is recorded. Consequently, the Court ruled that the petitioners had established a case for further inquiry and granted them post-arrest bail, subject to the furnishing of bail bonds.

  Questions settled

  • Does the failure to conduct an identification parade for an accused not named in the FIR constitute grounds for further inquiry in a bail application?
  • Is the recovery of items from an accused sufficient to deny bail when the accused was not named in the FIR and the trial has not commenced?
  • Under what circumstances does a case fall under the category of further inquiry for the purpose of granting bail under Section 497 of the Code of Criminal Procedure 1898?
  Read full judgment →
• Mls. Bhimra Textile Mills vs Jameel Ahmed and others2009 PLD Lahore 514 · Lahore High Court · 2009-02-03Read full judgment →
• Miss Naureen Naz Butt vs Pakistan International Airlines, Karachi through its2009 C.L.R. 1551 · Lahore High Court
  regularization of contract employeestermination without show cause noticenatural justicealternative remedy in writ petitionair hostessservice lawPakistan International Airlines
  Summary & questions settled

  This writ petition involves a challenge to the termination of the petitioner, who served as an Air Hostess on contract basis for approximately ten years with Pakistan International Airlines, by way of non-extension of her contract. The core legal questions relate to whether a long-term contract employee is entitled to regularization, the maintainability of a constitutional petition when an alternative remedy before a labor forum is pending, and whether termination without a show-cause notice and personal hearing is lawful. The Lahore High Court held that the petitioner's continuous service over a decade, combined with terms rendering her appointment convertible upon satisfactory performance and supporting documentary evidence, entitled her to regularization, rendering her ouster a nullity. The Court further held that a constitutional petition remains competent despite an alternative remedy where fundamental principles of natural justice are violated, and that employees cannot be condemned unheard without a show-cause notice.

  Questions settled

  • Whether a contract employee who has continuously served for a long period with satisfactory performance is entitled to regularization?
  • Is a constitutional petition maintainable against a departmental action when an alternative remedy before a labour court or tribunal has been availed?
  • Can an employee of a corporation be terminated without the issuance of a show-cause notice and an opportunity of personal hearing?
  • Does the failure to issue a show-cause notice before termination entitle an aggrieved employee to reinstatement in service?
  Read full judgment →
• Miss Naureen Naz Butt vs Pakistan International Airlines, Karachi Through Its Chairman And 2 OtherK.L.R. 2009 Civil Cases 302 · Lahore High Court
  regularization of servicecontractual employmenttermination of servicenatural justiceshow-cause noticewrit jurisdictionalternate remedyprocedural fairness
  Summary & questions settled

  The petitioner, an air hostess with Pakistan International Airlines (P.I.A.), challenged the termination of her employment, which occurred after ten years of service on a contract basis. The core legal question was whether the petitioner, having served for a decade with satisfactory performance, was entitled to regularization and whether her termination without a show-cause notice or personal hearing was lawful, despite the existence of pending labor litigation. The Court held that the petitioner’s long-term service and the terms of her initial appointment, which allowed for conversion to regular status, entitled her to regularization. The Court further held that the termination was a nullity in the eye of the law because the petitioner was not afforded a show-cause notice or an opportunity for personal hearing, which are mandatory requirements even for employees of corporations with non-statutory rules. Consequently, the Court allowed the writ petition, declaring the petitioner to be deemed in service. The judgment reaffirms that long-term contractual employment can ripen into permanent status and that procedural fairness is mandatory before termination.

  Questions settled

  • Can a long-term contract employee claim regularization if their performance has been satisfactory?
  • Is a show-cause notice mandatory before terminating an employee of a corporation with non-statutory rules?
  • Does the availability of an alternate remedy before a Labour Court bar a writ petition challenging termination?
  • Can an employer terminate an employee without providing a personal hearing?
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• Mirza Zafar lqbal Baig and 2 others vs Mirza Ayub Baig and 3 others2009 C.L.R. 1284 · Lahore High Court · 2009-05-06Read full judgment →
• Mirza Qamar-uz-Zaman vs Government of the Punjab, Lahore through Secretary, Home Department and 3 others2009 C.L.R. 1397 · Lahore High CourtRead full judgment →
• Mirza Qamar-Uz-Zaman vs Government Of The Punjab, Lahore Through Secretary, Home Department And 3 OtherK.LR. 2009 Labour & Service Cases 220 · Lahore High CourtRead full judgment →
• Mirza Muhammad Ishaq vs Muhammad Khan2009 MLD 707 · Lahore High Court · 2008-12-17Read full judgment →
• Mirza Muhammad Iqbal and others vs Syed Mustajab Hussain and others2009 YLR 1214 · Lahore High Court · 2008-11-19Read full judgment →
• Mirza Muhammad Arif and others vs Chief Engineer and others2009 PLD Lahore 489 · Lahore High Court · 2008-10-15
  public works contracttender processjudicial reviewtransparency in public procurementarbitrary actionpublic largesseconstitutional jurisdiction
  Summary & questions settled

  The petitioners, registered contractors, challenged the refusal of respondent authorities to issue them tender documents for public works under the Peoples Works Programme. The petitioners alleged that the respondent, a Chief Engineer, excluded them from the bidding process to favor selected parties without lawful justification. The core legal question was whether the respondent's actions in denying tender documents and subsequently conducting a non-transparent, biased, and selective bidding process met the standards of fairness and transparency required for public contracts. The Court held that the respondent’s actions were arbitrary, discriminatory, and infected with personal bias, as the respondent lacked authority to blacklist the petitioners and acted to pre-empt judicial intervention. The Court declared the auction proceedings illegal, emphasizing that public functionaries must act fairly, transparently, and reasonably when dealing with public largesse. The key principle laid down is that the award of public contracts must be free from personal discretion and bias, ensuring open competition based on objective criteria, and that any process failing these standards is subject to judicial review to ensure substantial justice.

  Questions settled

  • Can a public functionary exclude contractors from a bidding process without a valid, authorized finding of fault or blacklisting?
  • Does the award of public contracts based on personal discretion rather than objective criteria violate the principles of transparency and fairness?
  • Can a court declare auction proceedings illegal if the process is found to be arbitrary, discriminatory, and lacking in transparency?
  • Is a public functionary permitted to attribute their own selective or biased administrative actions to the directions of a High Court?
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• Mirza Iftikhar Mehmood vs Area Magistrate, Police Station Nekapura, Sialkot and 3 others2009 PLD Lahore 215 · Lahore High Court · 2008-11-24
  extraditionillegal detentionfugitive offenderhabeas corpusInterpolconstitutional petitionremand
  Summary & questions settled

  The petitioner challenged his detention through a constitutional petition, contending that he was arrested in Sialkot for alleged offences under the Belgium Penal Code without compliance with the mandatory procedure prescribed by the Extradition Act, 1972. The core legal question was whether the arrest and detention of a fugitive offender without following the statutory requisition, inquiry, and warrant provisions of the Extradition Act, 1972 are lawful. The Lahore High Court held that the petitioner's detention was unlawful, improper, and without lawful authority, as the authorities failed to follow the procedure mandated by sections 6, 7, 8, 10, and 12 of the Extradition Act, 1972. The court established that any arrest and detention for extradition purposes must strictly adhere to the statutory mechanisms provided under the Extradition Act, 1972, including official requisitions, magisterial inquiries, and federal government orders, rather than arbitrary police detentions or unauthorized judicial remands.

  Questions settled

  • Can a person be arrested and detained in Pakistan for offences committed abroad without following the procedure provided under the Extradition Act, 1972?
  • What is the procedure for the surrender of a fugitive offender under the Extradition Act, 1972?
  • Whether the detention of a fugitive offender becomes unlawful if the mandatory inquiry and requisition provisions of the Extradition Act, 1972 are not complied with?
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• Mias Khan vs Akhtar Marjana2009 C.L.R. 1073 · Lahore High Court · 2009-04-22Read full judgment →
• Mian Zameer Tufail vs Ayesha Bibi and 2 others2009 PLJ Lahore 688 · Lahore High Court · 2009-02-04Read full judgment →
• Mian Zameer Tufail vs . Ayesha Bibi and 2 others2009 C.L.R. 1201 · Lahore High Court · 2009-02-04Read full judgment →
• Mian Zameer Tufail through Attorney vs Ayesha Bibi and 2 others2009 CLC 717 · Lahore High Court · 2009-02-04
  interim custodyHazanatminorwelfare of the minorwrit petitionguardian and ward
  Summary & questions settled

  This civil matter arises from a writ petition filed against the concurrent interim orders of the Guardian Judge and the Additional District Judge granting interim custody of a minor daughter to the respondent-mother. The core legal questions involved the maintainability of a writ petition against an interim custody order, the scope of the mother's right of Hazanat during the tender age of the minor, and the welfare of the minor where the father resides abroad. The Lahore High Court dismissed the writ petition, holding that the orders of the forums below contained no illegality or jurisdictional defect, and that the interim custody granted to the mother was unexceptional given that the father lived abroad and the paternal grandmother could not substitute for a mother. The key principle laid down is that the mother's right to the custody (Hazanat) of a child of tender age is paramount, and interim custody orders passed by lower forums should not be interfered with in writ jurisdiction absent any illegality, particularly when the father is absent from the country.

  Questions settled

  • Whether a writ petition is maintainable against an interlocutory order regarding the interim custody of a minor?
  • Does the mother have a preferential right to the custody (Hazanat) of a child of tender age?
  • Can the absence of the father from the country be a relevant factor in determining the interim custody of a minor in favor of the mother?
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• Mian Sultan Ahmed vs Allied Bank Limited through Manager2009 CLD 1224 · Lahore High Court · 2009-01-19
  withdrawal of appealdecretal amountinstalment paymentexecuting courtcost of funds
  Summary & questions settled

  This matter arises from an appeal before the Lahore High Court where the appellant sought to withdraw the appeal subject to the recovery of the decretal amount through instalments. The learned counsel for the respondent-Bank raised no objection to this course of action. Consequently, the court dismissed the appeal as withdrawn while issuing specific directions regarding the mode of recovery. The court ordered that the decretal amount be paid by the appellant to the respondent-Bank through bi-monthly instalments of Rs.11,000 each, with the final instalment fixed at Rs.11,897. Additionally, the cost of the suit and the cost of funds, as determined by the executing court, were ordered to be paid by the appellant over a further period of three months through equal instalments. The key principle established is that an appellate court may permit the withdrawal of an appeal on mutually agreed terms regarding the satisfaction and payment of the decretal amount through structured instalments.

  Questions settled

  • Can an appellant withdraw an appeal upon reaching an agreement to pay the decretal amount through instalments?
  • How should the cost of the suit and cost of funds be recovered when an appeal is withdrawn based on an instalment agreement?
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• Mian Shaukat Ali vs Mst: Naseem Bibi and another2009 PLJ Lahore 536 · Lahore High Court · 2009-01-16Read full judgment →