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. 79,400 judgments in total from the Lahore High Court.

• Amer Bakht Azam and 3 others vs Cooperative Model Town Society2007 PLD Lahore 636 · Lahore High Court · 2007-08-13Read full judgment →
• Ameera Khanum vs Government of the Punjab through Secretary to Government of Punjab Home Department, Lahore and 5 others2007 P Cr. L J 527 · Lahore High Court · 2006-11-30
  preventive detentionAnti-Terrorism Actliberty of a citizenobjective satisfactionprinciples of natural justiceconstitutional petitiondetention representation
  Summary & questions settled

  This constitutional petition challenged a detention order issued by the Secretary to the Government of Punjab, Home Department, directing the preventive detention of the petitioner's brother for ninety days under section 11-EEE of the Anti-Terrorism Act, 1997. The core legal question was whether the detention order, founded on old criminal cases resulting in acquittals and unsupported police reports, satisfied the legal and objective standards required for curtailing personal liberty. The Lahore High Court held that the detention order was passed without lawful authority, ruling that liberty cannot be curtailed on mere apprehensions, vague allegations, or past criminal cases where the detenu was acquitted, and that the detaining authority's satisfaction must be objective. The key principles laid down are that preventive detention cannot be sustained in the absence of tangible supporting material of active involvement in anti-social or terrorist activities post-bond, and that deciding a representation against a detention order by the same authority that issued it violates principles of natural justice.

  Questions settled

  • Can a preventive detention order be sustained on the basis of mere police reports and past criminal cases where the detenu has already been acquitted?
  • Whether the satisfaction of the detaining authority for curtailing a citizen's liberty must be objective rather than subjective?
  • Does hearing and deciding a representation against a detention order by the same authority that originally passed it violate the principles of natural justice?
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• Ameer Khatoon vs Additional Sessions Judge, Khushab and 4 otherss2007 MLD 891 · Lahore High Court · 2006-04-06Read full judgment →
• Ameer Hamza vs The State2007 YLR 2883 · Lahore High Court · 2006-10-18
  post-arrest bailprohibitory clauseconflicting investigationsabscondencetrial delay
  Summary & questions settled

  The petitioner sought post-arrest bail in a criminal case registered under sections 304, 324, 148, and 149 of the Pakistan Penal Code 1860, arising from an F.I.R. at Police Station Qaboola Sharif, District Pakpattan. The core legal question concerned the entitlement of the petitioner to post-arrest bail in view of conflicting police investigations, the attribution of a role under section 324 of the Pakistan Penal Code 1860, and allegations of abscondence and trial delay. The Lahore High Court held that notwithstanding disputes regarding the applicability of section 302 of the Pakistan Penal Code 1860, the petitioner was admittedly connected to an offense under section 324 of the Pakistan Penal Code 1860, which falls within the prohibitory clause of section 497 of the Code of Criminal Procedure 1898, and further noted that the accused party contributed to trial delays. Consequently, the court dismissed the bail application while directing the trial court to conclude the trial within two months.

  Questions settled

  • Whether post-arrest bail can be granted when an accused is charged with an offense falling within the prohibitory clause of section 497 of the Code of Criminal Procedure 1898?
  • Does a plea of self-defense and conflicting police investigation reports entitle an accused to bail under section 324 of the Pakistan Penal Code 1860?
  • What is the effect of previous abscondence and causing delay in the trial on a post-arrest bail application?
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• Amanowel Masih vs Dewid Baidi and anothers2007 MLD 465 · Lahore High Court · 2006-06-13
  bail cancellationprivate complaintsummoning orderdiscretionary powercriminal miscellaneous
  Summary & questions settled

  This criminal miscellaneous petition arises from an order dismissing an application for the cancellation of bail granted to an accused in a private complaint. The petitioner filed a private complaint under sections 380, 468, 471, 506, and 34 of the Pakistan Penal Code 1860, and the Magistrate summoned the accused under section 380. Subsequently, the Magistrate granted bail to the accused, which the petitioner sought to cancel under section 497(5) of the Code of Criminal Procedure 1898 before the lower forum, which was dismissed. The core legal question was whether the bail granted by the Magistrate was illegal or warranted cancellation. The Lahore High Court held that the initial summoning order had attained finality as it was never challenged, the subsequent bail order was merely a continuation thereof, and the discretionary power to grant bail was not exercised illegally. The court laid down the principle that an unchallenged summoning order attains finality and a consequential bail order in a complaint case cannot be interfered with lightly when discretion is properly exercised.

  Questions settled

  • Whether an unchallenged summoning order passed by a Magistrate attains finality?
  • Can bail granted by a Magistrate in a complaint case be cancelled without showing illegal exercise of discretion?
  • Does a subsequent bail order in continuation of an unchallenged summoning order warrant interference by the High Court?
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• Amanat Masih vs Additional Sessions Judge, Kasur and 4 others2007 PLD Lahore 53 · Lahore High Court · 2006-09-11
  Justice of Peaceregistration of criminal casefalse informationconstitutional petitionjurisdiction
  Summary & questions settled

  This constitutional petition arises from an order passed by the Additional Sessions Judge, Kasur, acting as an ex-officio Justice of Peace, whereby the petitioner's application for registration of a criminal case under sections 22-A and 22-B of the Code of Criminal Procedure 1898 was dismissed, and a concurrent direction was issued to the Station House Officer to initiate proceedings under section 182 of the Pakistan Penal Code 1860 against the petitioner for lodging a false report. The core legal question addressed is whether an ex-officio Justice of Peace possesses the jurisdiction under section 22-A of the Code of Criminal Procedure 1898 to direct the initiation of proceedings under section 182 of the Pakistan Penal Code 1860 upon dismissing a petition for case registration. The Lahore High Court held that the jurisdiction of an ex-officio Justice of Peace under section 22-A of the Code of Criminal Procedure 1898 is strictly confined to issuing directions for the registration of criminal cases, transfer of investigations, or addressing police neglect, and does not extend to ordering prosecution under section 182 of the Pakistan Penal Code 1860. Consequently, the petition was partially accepted, setting aside the offending direction.

  Questions settled

  • Does an ex-officio Justice of Peace have the jurisdiction under section 22-A of the Code of Criminal Procedure 1898 to direct the initiation of proceedings under section 182 of the Pakistan Penal Code 1860 against a petitioner upon dismissing a petition for registration of a criminal case?
  • What are the statutory powers of an ex-officio Justice of Peace under section 22-A(6) of the Code of Criminal Procedure 1898?
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• Amanat Ali vs The State2007 YLR 748 · Lahore High Court · 2006-12-11
  murderdeath sentencesolitary eyewitnessabsconsionmotiveweapon recoveryforensic science laboratoryappellate review
  Summary & questions settled

  This criminal appeal challenges the conviction and death sentence of the appellant under section 302(b) of the Pakistan Penal Code 1860 for the double murder of two deceased persons, alongside a murder reference for confirmation of death sentences. The prosecution case rested primarily on an eyewitness account by the complainant and circumstantial evidence including motive, absconsion, and weapon recovery. The core legal questions involved whether a conviction for capital murder can be sustained on the solitary, uncorroborated statement of a related eyewitness, and whether procedural delays in sending crime empties to the forensic laboratory vitiate the recovery evidence. The Lahore High Court held that the solitary statement of a related witness, if found trustworthy and consistent, is sufficient for conviction without independent corroboration, and minor investigative lapses regarding forensic evidence do not dent an otherwise solid prosecution case. The court dismissed the appeal and confirmed the death sentences, laying down principles regarding the evaluation of solitary eyewitness testimony, the evidentiary value of an accused person's absconsion, and the treatment of contradictions in criminal trials.

  Questions settled

  • Whether a conviction for murder can be sustained solely on the uncorroborated testimony of a related eyewitness?
  • Does a delay in dispatching crime empties to the Forensic Science Laboratory render the weapon recovery legally inconsequential?
  • Can the absconsion of an accused person for several days serve as a corroborative piece of evidence against him?
  • Whether minor contradictions and improvements in an eyewitness statement are sufficient to discard an otherwise trustworthy testimony?
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• Amanat Ali and anothers vs Muhammad Azeem through Legal heirs2007 MLD 1896 · Lahore High Court · 2007-04-17Read full judgment →
• Aman Ullah vs The StateK.LR. 2007 Criminal Cases 314 · Lahore High Court · 2006-11-17
  post-arrest baildishonoured chequeprohibitory clausecriminal breachfinancial dealings
  Summary & questions settled

  The petitioner sought post-arrest bail in FIR No. 176/06 registered under Section 489-F of the Pakistan Penal Code 1860 at Police Station Sargodha Gantt., relating to the dishonor of a cheque issued for an amount of Rs. 55 lacs. The core legal question was whether the petitioner was entitled to post-arrest bail for an offense not falling within the prohibitory clause of Section 497 of the Code of Criminal Procedure 1898. The Lahore High Court held that since the maximum punishment for the offense under Section 489-F does not exceed three years, the case does not fall within the prohibitory clause of Section 497, and considering the circumstances of the case including the delay and lack of immediate effort by the complainant, the bail application should be granted. The key principle laid down is that bail in offenses not covered by the prohibitory clause of Section 497, Code of Criminal Procedure 1898, should generally be allowed unless exceptional circumstances are established.

  Questions settled

  • Is an offense under Section 489-F of the Pakistan Penal Code 1860 covered by the prohibitory clause of Section 497 of the Code of Criminal Procedure 1898?
  • Should post-arrest bail be granted when the maximum punishment for the alleged offense does not fall within the prohibitory clause?
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• Aman Ullah vs Customs, Central Excise and Sales Tax Appellate2007 PTD 983 · Lahore High Court · 2006-12-12
  customs appealbona fide purchasersmuggled vehicleconfiscation of goodsburden of proofcustoms duties and taxes
  Summary & questions settled

  This appeal under section 196 of the Customs Act, 1969 challenges the judgment of the Appellate Tribunal ordering the release of the appellant's seized vehicle upon payment of leviable duties and taxes. The appellant contended that being a bona fide purchaser for consideration and an innocent buyer, the vehicle should be released unconditionally. The core legal question was whether the doctrine of a bona fide purchaser applies to goods confiscated under the Customs Act, 1969, to absolve them from duties, taxes, and fines. The Lahore High Court held that the principle of a bona fide purchaser is not applicable to goods confiscated under the Customs Act, and being an innocent buyer does not exempt a person from the liability to pay customs duties, taxes, and fines, nor does it shift the statutory onus of proof. The court laid down the principle that the onus remains on the possessor of smuggled goods to prove lawful import and payment of duties, and upheld the Tribunal's decision granting the maximum permissible relief.

  Questions settled

  • Does the principle of a bona fide purchaser apply to goods confiscated under the Customs Act, 1969?
  • Is an innocent buyer of a smuggled vehicle absolved from the liability to pay customs duties, taxes, and fine?
  • Who bears the burden of proof under the Customs Act, 1969, regarding the lawful import and payment of duty for recovered goods?
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• Aman Ullah Khan And 5 Other vs Mst Hayat Bibi And 4 OtherK.L.R. 2007 Revenue Cases 58 · Lahore High Court · 2006-04-27Read full judgment →
• Altaf Khan vs The State2007 YLR 1976 · Lahore High Court · 2006-09-06
  abduction for ransomsole witness testimonyappreciation of evidenceanti-terrorismcriminal appealfalse implicationconviction
  Summary & questions settled

  This criminal appeal challenges the conviction and life imprisonment of the appellant under Section 7(e) of the Anti-Terrorism Act, 1997, for abduction for ransom. The prosecution alleged that the appellant, a driver, abducted his employer, confined him, and attempted to extort money and property documents. The trial court acquitted the appellant of sodomy charges due to lack of medical evidence and disbelieved the recovery evidence but convicted him based on the complainant's sole testimony. The core legal question was whether the sole testimony of a complainant, in the absence of corroborative evidence and despite the rejection of other prosecution evidence, is sufficient to sustain a conviction for a heinous offense. The Court held that the quality, not the quantity, of evidence is paramount. It found the complainant's testimony credible, noting the absence of any established enmity or motive for false implication, and rejected the appellant's defense as implausible. The Court affirmed the conviction, establishing that the unimpeachable testimony of a single witness is sufficient to support a conviction, even for serious offenses.

  Questions settled

  • Can a conviction be sustained based solely on the testimony of a single witness?
  • Is the testimony of a complainant sufficient for conviction if other parts of the prosecution's case, such as recovery evidence, are disbelieved?
  • Does the absence of established enmity between the complainant and the accused support the credibility of the complainant's testimony?
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• Altaf Hussain vs The State2007 P Cr. L J 1087 · Lahore High Court · 2006-05-18
  pre-arrest bailcorruptiondepartmental inquiryfurther inquirycriminal breach of trustbail confirmation
  Summary & questions settled

  The petitioner sought confirmation of pre-arrest bail in case F.I.R. No. 19 of 2004 registered under Section 5(2) of the Prevention of Corruption Act, 1947 and Section 409 of the Pakistan Penal Code 1860 at Police Station Anti-Corruption Establishment, Multan, concerning allegations of stealing Zakat Committee cheques and unauthorized withdrawal of funds. The core legal question was whether the petitioner was entitled to confirmation of pre-arrest bail given his non-nomination in the F.I.R. and exoneration in the departmental inquiry. The Lahore High Court held that since the petitioner was not nominated in the F.I.R., was declared innocent during the departmental inquiry conducted by the Anti-Corruption Establishment, and had already deposited the disputed amount of Rs. 40,000, his case fell within the scope of further inquiry. The pre-arrest bail previously granted to the petitioner was confirmed subject to furnishing fresh bail bonds.

  Questions settled

  • Whether pre-arrest bail can be confirmed when the accused is not nominated in the F.I.R. and no specific role is attributed?
  • Does exoneration of an accused in a departmental inquiry make out a case for further inquiry under criminal law?
  • Is the deposit of the allegedly misappropriated amount a relevant factor for confirming pre-arrest bail?
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• Altaf Hussain vs The State and another2007 P Cr. L J 773 · Lahore High Court · 2006-10-13
  post-arrest bailOffence of Zina (Enforcement of Hudood) Ordinanceabductionfurther inquiryelopementstatement under section 161 Cr.P.C.
  Summary & questions settled

  This is a petition for post-arrest bail filed by the petitioner, Altaf Hussain, who was implicated in a case registered under sections 16 and 10(3) of the Offence of Zina (Enforcement of Hudood) Ordinance 1979 upon allegations of abduction and Zina-bil-Jabr. The core legal question before the court was whether the petitioner made out a prima facie case for further inquiry under section 497(2) of the Code of Criminal Procedure 1898, given the conflicting versions and documentary evidence regarding the alleged victim's elopement, filing of a family suit, stay at Dar-ul-Aman, and subsequent statements. The Lahore High Court held that the circumstances surrounding the alleged abductee's independent movement, legal actions, and delayed police statements rendered the matter one of further inquiry. The court granted bail to the petitioner, establishing the principle that where official court records and prior conduct of an alleged abductee prima facie contradict subsequent police statements of coercion, the accused is entitled to the concession of post-arrest bail pending trial.

  Questions settled

  • Whether post-arrest bail should be granted when the circumstances of the case prima facie point towards elopement rather than abduction?
  • What is the evidentiary value of a police statement under section 161 Cr.P.C. when it is in conflict with prior court proceedings and official records?
  • Does a delayed police statement by the alleged abductee make the case one of further inquiry under section 497(2) of the Code of Criminal Procedure 1898?
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• Altaf Hussain vs StatePLJ 2007 Cr.C. (Lahore) 300 · Lahore High Court · 2006-05-18
  pre-arrest bailanticipatory bailcorruptioncriminal misappropriationfurther inquiryFIR nomination
  Summary & questions settled

  This matter concerns a petition for pre-arrest bail filed by the petitioner, Altaf Hussain, in connection with FIR No. 19/2004 registered at Police Station A.C.E. Multan for offenses under the Prevention of Corruption Act, 1947 and the Pakistan Penal Code 1860. The core legal question was whether the petitioner was entitled to the confirmation of pre-arrest bail given the circumstances of the investigation. The Court observed that the petitioner was not nominated in the initial FIR and that no specific role was attributed to him. Furthermore, a departmental inquiry conducted by the Anti-Corruption Establishment had previously declared the petitioner innocent, and the petitioner had already deposited the disputed amount of Rs. 40,000/-. Consequently, the Court held that the case against the petitioner warranted further inquiry. The Court confirmed the pre-arrest bail, establishing the principle that where an accused is not nominated in the FIR, no specific role is attributed, and a departmental inquiry has cleared the accused, the case qualifies for further inquiry, thereby justifying the grant or confirmation of pre-arrest bail.

  Questions settled

  • Does the absence of an accused's name in the FIR constitute grounds for further inquiry in a bail application?
  • Can a departmental inquiry report clearing an accused be considered in a pre-arrest bail application?
  • Is the deposit of the disputed amount a relevant factor in confirming pre-arrest bail?
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• Altaf Hussain vs Ali Muhammad through L.Rs,2007 C.L.R. 176 · Lahore High Court · 2004-10-20Read full judgment →
• Altaf Hussain Shah and 31 others vs Inspector Explosives and 4 others2007 YLR 2283 · Lahore High Court · 2007-04-12Read full judgment →
• Altaf Hussain and another vs The State2007 YLR 614 · Lahore High Court · 2006-11-02
  criminal appealattempted murderocular evidencemedical evidenceinjured witnessinvestigating officer opinionconviction
  Summary & questions settled

  This criminal appeal challenges the judgment of the Additional Sessions Judge, Sheikhupura, convicting the appellants under Section 324/34 of the Pakistan Penal Code 1860 for causing injuries to the complainants. The core legal question concerned the sufficiency of evidence to sustain the conviction, particularly given the death of one injured victim during the trial and the defense's plea of false implication and cross-case. The Court held that the prosecution successfully proved its case through consistent ocular testimony from injured witnesses and corroborating medical evidence. The Court rejected the defense's version as baseless, noting that the Investigating Officer's opinion regarding an accused's innocence is not admissible evidence. Furthermore, the Court observed that while the victim’s death from the injuries might have warranted a charge under Section 302, the appellants could not be convicted for murder as they were not formally charged with it. Consequently, the Court dismissed the appeals, finding no illegality or infirmity in the trial court's judgment, thereby affirming the convictions and sentences imposed.

  Questions settled

  • Is the opinion of an Investigating Officer regarding the innocence of an accused admissible as evidence?
  • Can an appellate court convict an accused for murder when the accused was only charged with attempted murder, even if the victim died from the injuries during the trial?
  • Does the death of an injured witness during trial invalidate the prosecution's case if other consistent ocular and medical evidence exists?
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• Altaf Hussain and another vs StatePLJ 2007 Cr.C. (Lahore) 996 · Lahore High Court · 2006-11-02
  criminal appealattempt to murderhurtmedical evidenceocular testimonyrecovery of weaponinvestigating officer opinion
  Summary & questions settled

  This judgment disposes of two criminal appeals arising out of a single trial court judgment convicting the appellants under Sections 324/34 of the Pakistan Penal Code 1860 for causing injuries to the victims. The core legal question revolved around whether the prosecution successfully proved its case beyond reasonable doubt through ocular and medical evidence, and whether the defence version of false implication and self-suffered injuries had any merit. The Lahore High Court dismissed the appeals, holding that the ocular account, corroborated by medical evidence and recoveries, firmly established the guilt of the appellants. The Court affirmed the convictions and sentences, noting that although the principal injured victim subsequently died from his injuries, Section 302 of the Pakistan Penal Code 1860 could not be belatedly added as the appellants had never been formally charged with it during the trial. The key principle laid down is that reliable and consistent ocular testimony corroborated by medical evidence and recoveries is sufficient to sustain a conviction, and the opinion of an investigating officer regarding the innocence of an accused is not binding or admissible in evidence without substantiating proof.

  Questions settled

  • Whether the opinion of an investigating officer finding an accused innocent during investigation is admissible in evidence?
  • Can an appellate court add a murder charge under Section 302 of the Pakistan Penal Code 1860 at the appellate stage when the accused was never charged with it during the trial?
  • Does the testimony of an injured witness carry special weight in criminal trials?
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• Allied Bank of Pakistan Ltd. through Attorneys and others vs M. Iqbal2007 PLC 398 · Lahore High Court · 2007-04-25
  grievance petitiongrievance noticeappointing authorityappellate authoritylabour lawdismissal from service
  Summary & questions settled

  This appeal arises from a judgment by the Punjab Labour Court, which accepted a grievance petition filed by the respondent, an Accountant, challenging his dismissal from service by the appellant bank. The core legal question was whether the respondent had complied with the mandatory requirement of serving a grievance notice upon the employer before filing a grievance petition. The appellant contended that the respondent served the notice upon the appellate authority (the Board of Directors) rather than the appointing authority (the employer), rendering the petition defective. The Court held that the grievance petition was liable to be dismissed because the respondent failed to serve the notice upon the employer as required by law. The Court emphasized that the appellate authority is distinct and different from the appointing authority. Consequently, the Court accepted the appeal, set aside the impugned judgment, and dismissed the respondent's grievance petition, affirming that a valid grievance notice is a mandatory prerequisite for maintaining a grievance petition under the relevant labour laws.

  Questions settled

  • Is a grievance notice served upon an appellate authority legally equivalent to a notice served upon the employer/appointing authority?
  • Does the failure to serve a grievance notice upon the employer render a grievance petition liable to be dismissed?
  • Is the appellate authority considered distinct and different from the appointing authority for the purpose of serving a grievance notice?
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• Allied Bank of Pakistan Limited through Manager vs Messrs Sawan Impex2007 CLD 656 · Lahore High Court · 2006-12-18Read full judgment →
• Allied Bank of Pakistan Limited through Attorneys vs Malik Rehmatullah2007 PLC 385 · Lahore High Court · 2007-04-25
  grievance petitionlimitationcondonation of delaylabour lawsufficient causetime-barreddismissal from service
  Summary & questions settled

  This appeal challenged a judgment by the Punjab Labour Court, which had accepted a grievance petition filed by a dismissed bank employee. The respondent, a former cashier, was dismissed in 1999 and subsequently pursued remedies before the Federal Service Tribunal and the Supreme Court, both of which were the incorrect forums. Following the Supreme Court’s direction on 9 January 2002 to approach the Labour Court, the respondent filed his grievance petition on 1 February 2002. The appellant bank contended that the petition was time-barred and that the respondent failed to establish sufficient cause for condonation of delay under Section 5 of the Limitation Act 1908. The Court held that the respondent failed to explain the delay of 23 days occurring after the Supreme Court's order. Emphasizing that each day of delay must be explained, the Court ruled that the absence of sufficient cause precluded condonation. Consequently, the appeal was accepted, the Labour Court's judgment was set aside, and the grievance petition was dismissed as time-barred.

  Questions settled

  • Is a grievance petition filed after the dismissal of an appeal in an incorrect forum time-barred if the delay is not explained?
  • Does the failure to explain each day of delay in an application under Section 5 of the Limitation Act 1908 warrant the dismissal of a grievance petition?
  • Can a court condone a delay in filing a grievance petition where the petitioner fails to provide sufficient cause for the period following the disposal of litigation in an incorrect forum?
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• Altaf Ahmad vs Khalid Umar2007 CLC 70 · Lahore High Court · 2005-10-03
  promissory noteadhesive stampsinadmissible evidencerecovery suitcivil appeal
  Summary & questions settled

  This matter arises from a civil appeal filed by the appellant against the dismissal of his suit for the recovery of Rs. 1,00,000, which was based on a promissory note dated 10-2-1999. The core legal question before the court was whether a promissory note bearing adhesive stamps that have not been cancelled or defaced is duly stamped and admissible in evidence. Examining the document, the court affirmed the trial court's finding that the adhesive stamps were not cancelled or defaced, rendering the promissory note inadmissible in evidence. Consequently, the court held that since the foundational document of the plaintiff's case was inadmissible, the suit was rightly dismissed. The key principle laid down is that a promissory note with uncancelled or undefaced adhesive stamps is not duly stamped, is inadmissible in evidence, and cannot form the basis for a successful recovery suit.

  Questions settled

  • Is a promissory note admissible in evidence if its adhesive stamps have not been cancelled or defaced?
  • Can a suit for recovery based on an insufficiently stamped promissory note be maintained?
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• Allah Yar and others vs Province of Punjab through Collector, Faisalabad and otherss2007 MLD 96 · Lahore High Court · 2005-05-31Read full judgment →
• Allah Yar and others vs Mst. Farooqan alias Bevi and others2007 YLR 2542 · Lahore High Court · 2007-04-09
  inheritancepredeceased daughtermutation of inheritanceMuslim Family Laws Ordinancelegal heirscivil revisionconcurrent findings
  Summary & questions settled

  This civil revision petition challenged the concurrent findings of the trial court and the appellate court, which decreed a suit for declaration filed by the respondents. The respondents claimed entitlement to a share in agricultural land left by their maternal grandfather, Murad, asserting they were the legal heirs of his predeceased daughter, Mst. Rasoolan. The petitioners, who were the sons of Murad’s predeceased son, Sardara, had obtained a mutation of inheritance excluding the respondents. The core legal question was whether the respondents, as children of a predeceased daughter, were entitled to inherit from their grandfather under the law, and whether the mutation excluding them was fraudulent. The court held that the respondents were indeed the legal heirs of Mst. Rasoolan and were entitled to their share in the inheritance. The court affirmed that under Section 4 of the Muslim Family Laws Ordinance, 1961, the children of a predeceased son or daughter are entitled to the share their parent would have received. Consequently, the court dismissed the revision petition, upholding the lower courts' findings.

  Questions settled

  • Are the children of a predeceased daughter entitled to inherit from their maternal grandfather under the Muslim Family Laws Ordinance, 1961?
  • Does the failure of a defendant to enter the witness box to rebut the plaintiff's case weaken their defense?
  • Can a defendant who has no valid title to a share of property legally alienate that share to a third party?
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• Allah Wassaya and others vs Mulazim Hussain and others .2007 C.L.R. 1396 · Lahore High Court · 2005-05-23
  civil revisionconcurrent findingsdeclaratory suitregistered sale deedadverse possessionrevisional jurisdiction
  Summary & questions settled

  This civil revision petition challenges the concurrent findings of the trial court and the lower appellate court, which dismissed the petitioners' suit for declaration regarding property title. The core legal question was whether the lower courts erred in their assessment of the evidence concerning the respondents' title and possession. The High Court upheld the concurrent findings, noting that the respondents had acquired title through registered sale deeds executed approximately thirty years prior to the filing of the suit. Furthermore, evidence, including a local commission report and the admission of the first petitioner, confirmed the respondents' continuous possession of the suit property since the acquisition of title. The Court held that the impugned decrees were unexceptionable and that the petitioners failed to demonstrate any jurisdictional error or legal infirmity warranting interference under revisional jurisdiction. Consequently, the Court dismissed the petition for lack of merit, affirming the principle that concurrent findings of fact based on evidence, particularly regarding long-standing title and possession, are not subject to interference in revision unless a clear jurisdictional error is established.

  Questions settled

  • Can concurrent findings of fact regarding property title be interfered with in revisional jurisdiction without demonstrating a jurisdictional error?
  • Is a registered sale deed executed thirty years prior to a suit sufficient to establish title against a declaratory claim?
  • Does the admission of a petitioner regarding the respondent's possession of the suit property justify the dismissal of a suit for declaration?
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• Allah Wasaya and others vs The State2007 P Cr. L J 624 · Lahore High Court · 2007-01-11
  ocular testimonyinjured witnessmedical evidenceself-defensemitigating circumstancesbenefit of doubtwater disputeindividual liability
  Summary & questions settled

  This matter concerns a criminal appeal against convictions for murder and attempted murder arising from a water dispute. The core legal questions addressed whether the ocular testimony of injured witnesses was reliable despite alleged contradictions with medical evidence regarding firing distance, whether the prosecution's case was undermined by police investigation findings, and whether the appellants were entitled to the right of self-defense. The Court held that the testimony of injured witnesses, being natural and consistent, was sufficient for conviction without further corroboration. It clarified that police investigation findings are not binding on the Court and that medical evidence regarding firing distance must be interpreted in light of the dynamic nature of the occurrence. The Court rejected the plea of self-defense, noting the failure to raise it during trial and the lack of evidence to discharge the burden of proof under the Qanun-e-Shahadat Order. Consequently, the Court commuted the death sentence of the principal accused to life imprisonment due to the lack of previous enmity, while acquitting one appellant due to the non-examination of the relevant victim.

  Questions settled

  • Are police investigation findings binding on the court in a criminal trial?
  • Does the failure of an injured witness to testify entitle an accused to an acquittal?
  • Can a plea of self-defense be successfully raised if not advanced during the examination of the accused under Section 342 of the Code of Criminal Procedure 1898?
  • Is ocular testimony from injured witnesses sufficient for conviction without further corroboration?
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• Allah Wasaya and others vs StatePLJ 2007 Cr.C. (Lahore) 819 · Lahore High Court · 2007-01-11
  murderattempted murderinjured witnessmedical evidencesudden fightindividual liabilitydeath sentence commutationprivate defense
  Summary & questions settled

  This criminal appeal and murder reference arise from a judgment of the Additional Sessions Judge, Jampur District Rajanpur, convicting the appellants under various provisions of the Pakistan Penal Code 1860 for murder and murderous assault. The core legal questions involved the credibility of related and injured eye-witnesses, the consistency between ocular and medical evidence, the plea of private defense, and individual criminal liability in a sudden fight over irrigation water. The Lahore High Court held that the testimony of injured and natural witnesses, corroborated by prompt lodging of the F.I.R. and medical evidence, was fully reliable, and that minor discrepancies in distance measurements do not discredit ocular accounts. The court further held that the burden of proving private defense under the Qanun-e-Shahadat Order 1984 lies on the accused, which was not discharged here. However, considering that the incident occurred on the spur of the moment over water distribution without previous enmity, the court commuted the death sentence of one appellant to imprisonment for life, maintained another conviction due to direct injury attribution, and acquitted a third appellant where the injured witness failed to depose. The key principles laid down relate to the evaluation of injured witness testimony, the application of individual liability in sudden altercations, and the standards for establishing the right of private defense of property.

  Questions settled

  • Whether the testimony of an injured eye-witness requires further corroboration to sustain a conviction?
  • Does a contradiction between the estimated distance in the site-plan and the ocular testimony regarding close-range firing render the medical evidence inconsistent with the eye-witness account?
  • Upon whom lies the burden of proving circumstances bringing a case within the general exceptions of the Pakistan Penal Code 1860 under the Qanun-e-Shahadat Order 1984?
  • Whether a sudden quarrel arising from the diversion of irrigation water without previous enmity constitutes a mitigating circumstance for commuting a death sentence to imprisonment for life?
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• Allah Rakha vs The State2007 P Cr. L J 576 · Lahore High Court · 2006-07-19
  murderdeath sentence confirmationinjured eye-witnessrelated witnessesmitigating circumstancesold age mitigationcriminal appeal
  Summary & questions settled

  This criminal appeal challenges the conviction and death sentence of the appellant, Allah Rakha, rendered by the trial court under Section 302(b) of the Pakistan Penal Code 1860 for the murder of his real nephew, along with a conviction under Section 337-F(2) of the same code for causing injuries to another nephew. The core legal questions involve evaluating the credibility of related and injured eye-witnesses, the promptness of the First Information Report, and whether advanced age constitutes a mitigating circumstance for commuting a death sentence. The Lahore High Court held that the prosecution successfully proved its case through a promptly lodged F.I.R., corroborative medical evidence, and the consistent, confidence-inspiring testimony of the injured eye-witness, which established the appellant's direct participation in the broad-daylight crime. The court ruled that mere relationship to the deceased does not discredit a witness, especially when the witness is also injured, and that advanced age is no ground for leniency where the offender repeated brutal blows. Consequently, the conviction and death sentence were confirmed.

  Questions settled

  • Whether the testimony of an injured eye-witness who is closely related to the deceased can be relied upon without independent corroboration?
  • Is advanced age of the accused considered a mitigating circumstance for commuting a sentence of death in a brutal murder case?
  • Whether the prompt lodgment of an F.I.R. lends credence to the ocular account of the prosecution witnesses?
  • Does the repetition of blows by an accused negate grounds for leniency in sentencing?
  Read full judgment →
• Allah Rakha through L.Rs, vs Nasir Khan and 4 others2007 CLC 154 · Lahore High Court · 2006-09-27
  specific performanceagreement to sellproof of documentmarginal witnessesco-defendant admissionconsolidated suits
  Summary & questions settled

  This matter arises from a writ petition filed against concurrent findings of the lower courts in consolidated suits for specific performance of agreements to sell concerning land measuring 9 Kanals and 10 Marlas. The core legal question pertained to the proper execution and legal proof of an agreement to sell under the law of evidence, particularly regarding attestation by marginal witnesses and the examination of relevant witnesses. The Lahore High Court held that the petitioner failed to prove his agreement to sell as required by law, noting that the document was not executed by all owners, lacked the testimony of required marginal witnesses, and the scribe was not examined. Conversely, the contesting respondent successfully proved his competing agreement to sell through consistent oral and documentary evidence. The petition was accordingly dismissed, affirming that admissions by one co-defendant do not bind contesting co-defendants, and proof of documents must strictly adhere to evidentiary standards.

  Questions settled

  • Whether an admission by a co-defendant is binding upon another co-defendant who contests the suit?
  • How must an agreement to sell be proved in terms of attestation and witness examination under the Qanun-e-Shahadat Order, 1984?
  • Can a plaintiff succeed in a suit for specific performance when the agreement to sell is not signed by all the property owners and lacks the testimony of mandatory marginal witnesses?
  Read full judgment →
• Allah Ditta vs The State2007 PLD Lahore 428 · Lahore High Court · 2007-02-15
  forfeiture of bail bondssurety liabilitycriminal revisionabsconding accusedpenalty imposition
  Summary & questions settled

  This criminal revision petition arises from proceedings initiated under Section 514 of the Code of Criminal Procedure 1898, following the forfeiture of bail bonds furnished by the petitioner for an accused involved in a case under the Offence of Zina (Enforcement of Hudood) Ordinance, 1979. The core legal question was whether a surety can avoid penalty upon the accused jumping bail by denying the execution of the surety bonds and pleading lack of resources, and whether undue leniency should be shown in forfeiting surety bonds. The Lahore High Court held that once judicial proceedings confirm the surety's thumb impression and identification on the bonds, a surety cannot simply turn around and deny execution, nor is leniency warranted given inflationary trends and the absence of mitigating circumstances when an accused becomes a fugitive from law. The court laid down that full bail bonds are liable to be forfeited upon an accused jumping bail unless valid mitigating circumstances exist, and courts must not show undue leniency in imposing penalties against sureties.

  Questions settled

  • Can a surety subsequently deny the execution of bail bonds after the accused jumps bail?
  • Whether full surety amount is liable to be forfeited once an accused jumps bail in the absence of mitigating circumstances?
  • Does a surety's claim of lacking sufficient resources warrant a reduction of the penalty imposed under Section 514 of the Code of Criminal Procedure 1898?
  Read full judgment →
• Allah Ditta vs StatePLJ 2007 Cr.C. (Lahore) 653 · Lahore High Court · 2007-02-27
  post-arrest bailcross-versionfurther inquiryaggressorcriminal procedurehurtattempt to murder
  Summary & questions settled

  The petitioner, Allah Ditta, sought post-arrest bail in case FIR No. 120 registered under Sections 337-A(ii)/324/34 of the Pakistan Penal Code 1860 at Police Station Seetpur, District Muzaffargarh. The core legal question was whether the petitioner was entitled to post-arrest bail when both opposing parties sustained injuries, cross-versions were registered, and the question of who was the aggressor required further probe. The Lahore High Court held that the case called for further inquiry under Section 497(2) of the Code of Criminal Procedure 1898, especially given that co-accused from both sides were already on bail, the parties were closely related, and the petitioner had spent five months in custody without trial progress. The court established the principle that where both parties sustain injuries and cross-versions are filed, determining the primary aggressor requires further inquiry, constituting a valid ground for granting post-arrest bail, and that bail should not be withheld as a premature punishment.

  Questions settled

  • Whether post-arrest bail can be granted when both parties sustain injuries and lodge cross-versions of the same incident?
  • Does the question of determining the actual aggressor in a cross-version case warrant further inquiry under Section 497(2) of the Code of Criminal Procedure 1898?
  • Is the detention of an accused for several months without trial progress a ground for granting bail to avoid premature punishment?
  Read full judgment →
• Allah Ditta vs Secretary, Local Government and Rural Development, Government of the Punjab, Lahore and otherss2007 MLD 1593 · Lahore High Court · 2006-05-22Read full judgment →
• Allah Ditta vs Secretary Local Government and Rural Development, Government of Punjab and 3 others2007 C.L.R. 648 · Lahore High Court · 2006-05-22Read full judgment →
• Allah Ditta vs Riaz Hussain Shah2007 YLR 3182 · Lahore High Court · 2007-02-19
  pre-emptionTalb-i-MuwathibatTalb-i-Ishhadcivil revisionburden of proofnon-production of informerjudgments at variance
  Summary & questions settled

  This civil revision petition arises out of a pre-emption suit where the trial court dismissed the respondent's suit, but the appellate court reversed the decision and decreed the suit in favor of the respondent. The core legal question was whether the pre-emptor had duly performed the requisite 'Talbs' (specifically 'Talb-i-Muwathibat') in accordance with the law, including proving the exact time, day, month, and year of gaining knowledge and failing to produce the star informer witness. The Lahore High Court held that the respondent miserably failed to prove the spontaneous performance of 'Talb-i-Muwathibat' and that the appellate court committed material irregularity in reversing the trial court's well-reasoned judgment. The High Court set aside the appellate decree and restored the trial court's dismissal of the suit. The key principle laid down is that a pre-emptor must prove with precision, through consistent and unimpeached evidence, the place, time, day, month, and year of gaining knowledge and the instant performance of 'Talb-i-Muwathibat', and that non-production of the informer negatively impacts the pre-emptor's claim.

  Questions settled

  • Whether a pre-emptor is required to prove the exact time, day, month, and year of gaining knowledge and performing Talb-i-Muwathibat?
  • What is the legal effect of the non-production of the informer in a pre-emption suit?
  • Does a general statement regarding superior pre-emptive right without specifying the date and time of knowledge satisfy the requirement of Talb-i-Muwathibat?
  Read full judgment →
• Allah Ditta vs D.P.O. and others2007 YLR 1042 · Lahore High Court · 2007-02-15Read full judgment →
• Allah Ditta and others vs Chief Engineer and others2007 PLD Lahore 434 · Lahore High Court · 2007-02-21Read full judgment →
• Allah Ditta and another vs The State2007 YLR 735 · Lahore High Court · 2006-11-21
  circumstantial evidencebenefit of doubtextra-judicial confessionlast-seen evidencemurder referencecriminal appealdelay in FIRrecovery
  Summary & questions settled

  This criminal appeal and connected murder reference arise from the judgment of the trial court convicting the appellants under sections 302/34, 201/34, and 364 of the Pakistan Penal Code 1860, and sentencing them to death and imprisonment. The prosecution case rested entirely on circumstantial evidence, including last-seen evidence, extra-judicial confessions, and the subsequent recovery of the dead body and articles. The core legal questions involved the credibility and legal sufficiency of weak circumstantial links such as delayed first information reports, interested last-seen witnesses, unnatural extra-judicial confessions, and planted recoveries, particularly when co-accused had already been acquitted on the same evidence. The Lahore High Court held that the prosecution failed to establish a seamless chain of circumstantial evidence connecting the accused to the crime beyond reasonable doubt, noting unexplained delays, interested and unnatural witnesses, and unreliable recovery evidence. The court concluded by extending the benefit of the doubt to the appellants, setting aside their convictions and sentences, and answering the murder reference in the negative.

  Questions settled

  • Can a conviction based solely on circumstantial evidence be sustained when the links in the chain of evidence are weak and unnatural?
  • Whether an unexplained and prolonged delay in lodging the first information report casts serious doubt on the veracity of the prosecution's case?
  • Is an extra-judicial confession made to close relatives after a considerable lapse of time legally safe to rely upon without strong corroboration?
  • Does the acquittal of co-accused on the same set of evidence create a serious dent in the prosecution's case against the remaining accused?
  Read full judgment →
• Allah Ditta and 6 others vs Mst. Rasoolan Bibi and 7 others2007 C.L.R. 19 · Lahore High Court · 2006-05-23Read full judgment →
• Allah Dewaya and others vs Haq Nawaz2007 YLR 2829 · Lahore High Court · 2007-02-06Read full judgment →
• Allah Dad alias Dadi vs The State2007 P Cr. L J 295 · Lahore High Court · 2005-01-10
  appellate jurisdictionFederal Shariat CourtOffence of Zina (Enforcement of Hudood) Ordinance 1979maintainability of appealconcurrent jurisdictioncriminal appeal
  Summary & questions settled

  This matter concerns the maintainability of criminal appeals before the Lahore High Court where appellants were convicted under both the Pakistan Penal Code 1860 and the Offence of Zina (Enforcement of Hudood) Ordinance 1979. The core legal question was whether the High Court possessed appellate jurisdiction over a combined conviction involving offences under the Ordinance and the Pakistan Penal Code 1860. The Court held that the appeals were not maintainable before it. Relying on Section 20 of the Offence of Zina (Enforcement of Hudood) Ordinance 1979 and established precedents, the Court determined that because the trial involved offences under the Ordinance, appellate jurisdiction vests exclusively in the Federal Shariat Court. The principle laid down is that where a trial involves offences under the Offence of Zina (Enforcement of Hudood) Ordinance 1979, the appellate forum for all convictions arising from that trial, including those under the Pakistan Penal Code 1860, is the Federal Shariat Court, to prevent conflicting judgments and ensure procedural consistency.

  Questions settled

  • Does the Lahore High Court have jurisdiction to hear an appeal against a conviction involving both the Pakistan Penal Code 1860 and the Offence of Zina (Enforcement of Hudood) Ordinance 1979?
  • Where an accused is convicted of offences under both the Pakistan Penal Code 1860 and the Offence of Zina (Enforcement of Hudood) Ordinance 1979 in a single trial, which court has appellate jurisdiction?
  • Does Section 20 of the Offence of Zina (Enforcement of Hudood) Ordinance 1979 require that appeals involving offences under the Ordinance be heard exclusively by the Federal Shariat Court?
  Read full judgment →
• Allah Dad alias Dadi vs StatePLJ 2007 Cr.C. (Lahore) 426 · Lahore High Court · 2005-01-10
  appellate jurisdictionFederal Shariat CourtHudood Ordinancemaintainability of appealsingle trialjurisdictional conflictmurder reference
  Summary & questions settled

  This matter concerns the maintainability of criminal appeals before the High Court where the appellants were convicted in a single trial for offences under both the Pakistan Penal Code 1860 and the Offence of Zina (Enforcement of Hudood) Ordinance 1979. The core legal question was whether the High Court or the Federal Shariat Court possesses appellate jurisdiction when a trial court convicts an accused for offences under both statutes simultaneously. The Court held that the appeals are not maintainable before the High Court. Relying on the principle established in Fazal Din v. Taj Din (PLD 1983 FSC 33) and affirmed by the Supreme Court in Taj Din v. The State (1984 SCMR 506), the Court determined that because the trial court was competent to try both sets of offences under the Ordinance, the entire case, including convictions under the Pakistan Penal Code 1860, falls under the appellate jurisdiction of the Federal Shariat Court. This prevents the unreasonable result of having appeals from a single trial heard by two different forums, ensuring jurisdictional consistency.

  Questions settled

  • Where an accused is convicted in a single trial for offences under both the Pakistan Penal Code 1860 and the Offence of Zina (Enforcement of Hudood) Ordinance 1979, which court has appellate jurisdiction?
  • Does the Federal Shariat Court have jurisdiction to hear appeals regarding convictions under the Pakistan Penal Code 1860 when joined with offences under the Offence of Zina (Enforcement of Hudood) Ordinance 1979?
  • Can a murder reference involving a death sentence be heard by the High Court if the conviction also includes offences under the Offence of Zina (Enforcement of Hudood) Ordinance 1979?
  Read full judgment →
• Allah Bakhsh vs The State2007 P Cr. L J 1755 · Lahore High Court · 2005-10-13
  post-arrest bailabetmentfurther inquirymurdercriminal liabilitypresence at scene
  Summary & questions settled

  This matter concerns a petition for post-arrest bail filed by the petitioner, who was charged under sections 302, 324, and 109 of the Pakistan Penal Code 1860, following a murderous attack on the complainant party. The core legal question was whether the petitioner, who was not present at the scene of the crime and was only alleged to have abetted the co-accused, was entitled to bail pending trial. The court observed that the petitioner was not present at the spot and that the allegation of abetment required further investigation. Consequently, the court held that the petitioner's case fell within the scope of 'further inquiry' regarding his guilt. The court granted the bail, emphasizing that in circumstances where the accused is not alleged to have caused direct injury and was absent from the scene, the case warrants further inquiry, thereby entitling the accused to the concession of bail. The petition was allowed subject to the furnishing of bail bonds.

  Questions settled

  • Is an accused person entitled to post-arrest bail when the only allegation against them is abetment and they were not present at the scene of the crime?
  • Does an allegation of abetment in a murder case, where the accused was absent from the spot, constitute a ground for further inquiry under bail law?
  Read full judgment →
• Allah Bakhsh and another vs The State2007 YLR 257 · Lahore High Court · 2005-10-26
  post-arrest bailabductionsupplementary statementinvestigation reportdelay in FIRinnocence declared by police
  Summary & questions settled

  This is a post-arrest bail application filed by the petitioners in a case registered under Section 11 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979, following an allegation of abduction. The core legal question was whether the petitioners were entitled to bail given the delayed implication and the findings of the investigating agency. The Court held that the petitioners are entitled to the concession of bail. The reasoning rests on the fact that the petitioners were not named in the initial First Information Report, and their names were only added via a supplementary statement recorded eleven months after the alleged occurrence, which casts significant doubt on the prosecution's case. Furthermore, the Court noted that the petitioners were declared innocent during the police investigation. While the Court acknowledged that police findings are not binding, it held that when such findings are supported by cogent material, they possess persuasive value that cannot be disregarded. Consequently, the bail application was allowed, subject to the petitioners furnishing bail bonds.

  Questions settled

  • Does the inclusion of an accused's name in a supplementary statement recorded eleven months after the occurrence create sufficient doubt to warrant bail?
  • What is the evidentiary value of a police investigation report declaring an accused innocent in a bail application?
  • Can bail be granted to an accused charged under the Offence of Zina (Enforcement of Hudood) Ordinance 1979 if they were not named in the initial FIR?
  Read full judgment →
• Ali Sher vs The State and others2007 YLR 1031 · Lahore High Court · 2006-06-01
  criminal revisionsummoning orderprivate complaintcriminal conspiracyquashing of orderabuse of process
  Summary & questions settled

  This criminal revision petition under Section 439 of the Code of Criminal Procedure 1898 challenges the legality of an order passed by the trial court summoning the petitioner, Ali Sher, to face trial in a private complaint for offences under Section 302 read with Sections 34, 109, and 218 of the Pakistan Penal Code 1860, and Sections 155 and 156 of the Police Order 2002. The core legal question was whether the mere presence of the petitioner at a meeting where a co-accused made incriminating utterances is sufficient evidence to summon him on a capital charge. The Lahore High Court held that in the absence of tangible incriminating material showing the petitioner's active participation or steps taken toward the crime, putting him on trial would be unjust and an abuse of process. The Court emphasized that the primary duty of the courts is to protect innocent persons from the unnecessary rigors of trial, and consequently set aside the summoning order qua the petitioner.

  Questions settled

  • Whether mere presence of an accused at a meeting where a co-accused makes utterances regarding a conspiracy is sufficient to summon him for a capital charge?
  • Can a person be put on trial for a capital offense in the absence of tangible incriminating material connecting him to the crime?
  • What is the primary duty of the courts when evaluating evidence for summoning an accused in a private complaint?
  Read full judgment →
• Ali Sher and others vs The State2007 MLD 1584 · Lahore High Court · 2007-05-22
  criminal appealmurderbenefit of doubtocular testimonymotivenighttime identificationlantern lightacquittal
  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 questions involved the credibility of the ocular testimony, the establishment of the alleged motive, and the reliability of identification in the dark through a lantern light. The Lahore High Court held that the prosecution miserably failed to prove its case as the motive was completely demolished by documentary evidence and the testimony of the court witness, the medical evidence was inconsistent with the prosecution timeline, and the ocular account suffered from serious flaws regarding nighttime identification and witness credibility. Consequently, the court extended the benefit of the doubt to the appellants, set aside their conviction and sentence, and acquitted them of the charge. The key principle laid down is that where the prosecution's motive is disproved, the ocular testimony is shaky and uncorroborated, and material contradictions exist, the accused is entitled to the benefit of the doubt resulting in an acquittal.

  Questions settled

  • Whether an accused is entitled to an acquittal when the prosecution motive is completely disproved and the ocular testimony is found unreliable?
  • Can a conviction for murder be sustained solely on nighttime ocular testimony identified under a lantern when the source of light and positioning of witnesses render identification doubtful?
  • Does the failure of medical evidence to fully support the prosecution's timeline and manner of assault provide grounds for extending the benefit of the doubt to the accused?
  Read full judgment →
• Ali Raza alias Kalo and another vs The State and another2007 YLR 279 · Lahore High Court · 2006-10-19Read full judgment →
• Ali Muhammad vs Wali Muhammad and others2007 YLR 376 · Lahore High Court · 2006-05-16Read full judgment →
• Ali Muhammad vs Addl. Sessions Judge and otherss2007 MLD 1096 · Lahore High Court · 2007-03-06
  supurdariinterim custody of vehicleconstitutional petitionwrit jurisdictioncriminal breach of trustrecovery of property
  Summary & questions settled

  This writ petition challenged the concurrent orders of the lower courts whereby custody of a disputed bus on supurdari was granted to respondent No.3 rather than the petitioner. The core legal question was whether the petitioner, claiming to be the owner of a hijacked bus, was entitled to interim custody of a recovered vehicle that investigation revealed bore a different make, model, and chassis number from the one stolen, and which had been recovered from the constructive possession of respondent No.3. The Lahore High Court dismissed the writ petition, holding that the extraordinary constitutional jurisdiction cannot be invoked to disturb concurrent findings of fact where no jurisdictional error, illegality, perversity, or misreading of evidence is shown. The key principle laid down is that the interim custody (supurdari) of a seized property should normally be awarded to the person from whose possession it was recovered, leaving the final determination of title to be adjudicated by a competent civil court.

  Questions settled

  • Whether interim custody of a seized vehicle on supurdari should normally be granted to the person from whose possession it was recovered?
  • Can concurrent findings of fact recorded by lower courts regarding supurdari be interfered with in the constitutional jurisdiction of the High Court?
  • Does a claimant establish a right to supurdari when the description and make of the vehicle claimed differ from the vehicle actually recovered during investigation?
  Read full judgment →
• Ali Muhammad through L.Rs. and others vs Fazal and 21 others2007 YLR 2802 · Lahore High Court · 2007-06-12Read full judgment →
• Ali Muhammad Shah vs Ijaz Hussain-2007 CLD 1084 · Lahore High Court · 2006-11-08
  promissory notesummary suitleave to defendhandwriting expertmarginal witnesspresumption of truthremand
  Summary & questions settled

  This appeal arises from a suit for recovery of money based on a promissory note, which was dismissed by the trial court. The appellant contended that the trial court erred in treating the suit as an ordinary suit despite it being filed under summary procedure, and further argued that the non-production of one marginal witness was not fatal to the case given the presumption of truth attached to promissory notes. The High Court held that the trial court had correctly granted leave to defend based on the record, but committed a legal error by dismissing the suit without deciding the appellant's pending application to refer disputed signatures to a handwriting expert. The court clarified that while Article 17(2) of the Qanun-e-Shahadat Order, 1984, requires attestation, the non-production of one marginal witness is not fatal to a promissory note, which enjoys a presumption of truth under Section 120 of the Negotiable Instruments Act, 1881. Consequently, the impugned judgment was set aside, and the matter was remanded for the trial court to decide the pending application and re-evaluate the evidence.

  Questions settled

  • Is the non-production of one marginal witness fatal to the proof of a promissory note?
  • Can a trial court pass a final judgment without deciding a pending application for the appointment of a handwriting expert?
  • Does a promissory note enjoy a presumption of truth under the Negotiable Instruments Act 1881?
  • Does the granting of leave to defend by a court take precedence over the assertions of the parties?
  Read full judgment →
• Ali Muhammad Shah vs Ijaz Hussain Shah2007 MLD 1619 · Lahore High Court · 2006-11-08Read full judgment →
• Ali Medicine Co., Faisalabad vs I.A.C. of Income Tax/Wealth Tax, Range-2007 PTD 1770 · Lahore High Court · 2006-04-06Read full judgment →
• Ali Hassan vs Sher Muhammad and another2007 CLC 969 · Lahore High Court · 2007-03-06
  civil revisionLocal Commissioner reportobjections to reportmaterial irregularityremand of casedeclaration of title
  Summary & questions settled

  This civil revision petition challenges the judgments and decrees of the lower courts in a suit for declaration of title regarding a plot of land. The core legal question was whether a trial court can rely upon a Local Commissioner's report to decide a suit without first formally adjudicating upon the objections filed against that report. The High Court held that the trial court committed a material irregularity by failing to dispose of the objections raised by the petitioner against the Local Commissioner's report before relying on it for the final judgment. The Court emphasized that a trial court is under a mandatory legal obligation to apply its judicial mind to such objections, either accepting or rejecting the report, or directing further inquiry if necessary. Consequently, the High Court set aside the concurrent findings of the lower courts and remanded the case for a fresh decision, mandating that the trial court must first resolve the objections to the Local Commissioner's report before proceeding to a final adjudication of the suit.

  Questions settled

  • Can a trial court rely on a Local Commissioner's report without disposing of the objections filed against it?
  • Is a trial court legally obligated to pass a specific order accepting or rejecting a Local Commissioner's report before using it as a basis for judgment?
  • Does the failure to dispose of objections to a Local Commissioner's report constitute a material irregularity justifying the exercise of revisional jurisdiction?
  Read full judgment →
• Ali Ammar and another vs The State and 2 others2007 YLR 1149 · Lahore High Court · 2006-06-02Read full judgment →
• Ali Akbar vs The State2007 YLR 3069 · Lahore High Court · 2007-04-04
  post-arrest bailfurther inquiryinnocence during investigationcriminal procedurebail application
  Summary & questions settled

  This matter concerns a petition for post-arrest bail filed by the accused, Ali Akbar, in connection with F.I.R. No. 194/2005, registered under sections 302, 109, 148, and 149 of the Pakistan Penal Code 1860 at Police Station Syed Wala, District Nankana Sahib. The core legal question was whether the petitioner was entitled to bail given that he was declared innocent during multiple stages of the police investigation. The court noted that the petitioner was alleged to have fired at the deceased, but the investigation conducted by the police, including verification by the District Police Officer, the D.S.P. Saddar Nankana Sahib, and the S.P. Range Crime, consistently found the petitioner innocent. The court held that, in light of these findings, the case against the petitioner constituted a matter of further inquiry, necessitating a deeper probe into his guilt. Consequently, the court granted post-arrest bail, emphasizing that keeping the petitioner incarcerated served no useful purpose, particularly since the challan had already been submitted. The court ordered the petitioner to furnish bail bonds to the satisfaction of the trial court.

  Questions settled

  • Does a finding of innocence during the police investigation constitute grounds for the grant of post-arrest bail?
  • When does a criminal case qualify as a matter of further inquiry for the purpose of granting bail?
  Read full judgment →
• Alam Sher vs Additional Inspector-General of Police (Investigation), Punjab, Lahore and 5 others2007 P Cr. L J 1170 · Lahore High Court · 2007-02-27
  change of investigationpolice investigationconstitutional petitionjurisdiction of DSPPolice Order 2002quashment of order
  Summary & questions settled

  This constitutional petition was filed before the Lahore High Court seeking the quashment of an order passed by a D.S.P./Range Crimes changing the investigation of a criminal case registered under sections 302, 324, 148, 149, and 109 of the Pakistan Penal Code 1860 at Police Station Yousafwala. The core legal question was whether a D.S.P. is competent to order a subsequent change of investigation after a first change had already been ordered by the Additional Inspector-General of Police under the Police Order, 2002. The court held that once an investigation has been transferred or changed by the competent higher authority, a subordinate officer such as a D.S.P. lacks the jurisdiction to further alter or entrust the investigation to other officers without obtaining orders from the Provincial Police Officer/Inspector-General of Police in terms of Article 18(6) of the Police Order, 2002. Consequently, the court allowed the petition, set aside the impugned order as being without lawful authority, and directed the Regional Investigation Branch to proceed with the investigation and submit a final report under section 173 of the Code of Criminal Procedure 1898.

  Questions settled

  • Whether a D.S.P. has the jurisdiction to change the investigation of a criminal case after a first change of investigation has already been ordered by the Additional Inspector-General of Police?
  • Who is the competent authority to order a second or subsequent change of investigation under the Police Order, 2002?
  • Does an order passed by a subordinate police officer altering an investigation already entrusted to a regional branch without authorization from the Inspector-General of Police constitute a lawful act?
  Read full judgment →
• Alam Jan alias Ilam Jan and 3 others vs The State2007 YLR 2394 · Lahore High Court · 2007-02-07
  murderocular evidenceinterested witnessbenefit of doubtmedical evidenceforensic science laboratorycriminal appealdeath sentence
  Summary & questions settled

  This criminal appeal challenged the convictions and sentences of four appellants for murder under Section 302(b)/34 of the Pakistan Penal Code 1860. The core legal questions concerned the reliability of interested witnesses, the impact of medical evidence contradictions on ocular testimony, and the evidentiary value of weapon recoveries not subjected to forensic analysis. The Court held that while interested witnesses are admissible if their testimony is corroborated, contradictions between the ocular account and medical evidence regarding the location and nature of injuries can create reasonable doubt for specific accused. Furthermore, the Court ruled that the failure to send recovered weapons and crime empties to the Forensic Science Laboratory renders such recoveries inconsequential. Consequently, the Court maintained the convictions and death sentences of two appellants whose roles were supported by consistent medical evidence but acquitted the other two appellants, extending them the benefit of doubt due to medical discrepancies. The judgment reaffirms that acquittal of co-accused does not mandate the acquittal of others if specific, corroborated roles are attributed to them.

  Questions settled

  • Can interested witnesses be relied upon in a criminal trial?
  • Does the acquittal of co-accused on the same evidence automatically entitle other accused to acquittal?
  • What is the legal effect of failing to send recovered weapons and crime empties to the Forensic Science Laboratory?
  • Can a conviction be maintained when there is a contradiction between the ocular account and medical evidence regarding the location of injuries?
  Read full judgment →
• Al-Amaria Masooma Zainab vs The Principal, Allama lqbal Medical2007 C.L.R. 606 · Lahore High CourtRead full judgment →
• Al-Amaria Masooma Zainab vs The Principal, Allama Iqbal MedicalK.L.R. 2007 Civil Cases 236 · Lahore High CourtRead full judgment →
• Akhtar Muhammad vs The State2007 YLR 764 · Lahore High Court · 2006-11-29
  criminal appealmurderintentional murderinjured witnessesmedical evidenceabscondanceappellant conviction
  Summary & questions settled

  This criminal appeal challenges the conviction of the appellant under sections 302(b) and 201 of the Pakistan Penal Code 1860 for the murder of Abdul Karim and causing injuries to prosecution witnesses. The core legal questions involved whether the prosecution successfully established the guilt of the appellant beyond reasonable doubt through ocular and medical evidence, and whether the conviction warranted conversion from intentional murder under section 302(b) to qatl-e-shibh-i-amd or another lesser category under section 302(c). The Lahore High Court held that the ocular testimony of injured witnesses, corroborated by medical evidence and the appellant's prolonged abscondance, firmly established his guilt. The court ruled that intention to commit murder can be gathered from attending circumstances including the weapon used, locale of injuries, and force applied, and such intent can develop at the spur of the moment. The appeal was consequently dismissed, upholding the conviction and sentences.

  Questions settled

  • Whether the ocular testimony of injured witnesses sufficiently corroborates the medical evidence to prove a murder charge beyond reasonable doubt?
  • Can intention to commit murder develop at the spur of the moment during a sudden altercation?
  • How is the intention of an accused determined when assessing liability for Qatl-e-Amd?
  • Does the prolonged abscondance of an accused following a crime corroborate the prosecution's version of events?
  Read full judgment →
• Akhtar Muhammad vs StatePLJ 2007 Cr.C. (Lahore) 1066 · Lahore High Court · 2006-11-29
  criminal appealmurderintentional murderinjured witnessesabscondencemedical evidencesudden quarrel
  Summary & questions settled

  This criminal appeal challenges the conviction and sentence of the appellant under Sections 302(b) and 201 of the Pakistan Penal Code 1860, arising from a trial for murder and causing injuries. The core legal question was whether the prosecution successfully established the charge of intentional murder (Qatl-e-Amd) beyond reasonable doubt and whether the conviction warranted conversion from Section 302(b) to Section 302(c) of the Pakistan Penal Code 1860 based on a sudden quarrel. The Lahore High Court held that the ocular testimony of injured witnesses, corroborated by medical evidence, and the appellant's prolonged abscondence conclusively proved his guilt, and that the weapon used, the locale of the injury, and attending circumstances demonstrated clear intent to commit murder. The court dismissed the appeal, upholding the conviction and sentence.

  Questions settled

  • Whether the conviction under Section 302(b) of the Pakistan Penal Code 1860 can be converted to Section 302(c) when the crime is committed during a sudden altercation?
  • Does the testimony of injured witnesses provide sufficient corroboration to sustain a conviction for murder?
  • How is the intention to commit murder gathered from the attending circumstances and the weapon used?
  • What is the evidentiary value of an accused remaining a fugitive from law for several months following the crime?
  Read full judgment →
• Akhtar Hussain vs Station House Officer and others2007 P Cr. L J 1552 · Lahore High Court · 2007-06-13
  seizure of propertypolice custodywrit petitionstolen propertyforensic verificationillegal detentionsuperdari
  Summary & questions settled

  The petitioner filed a writ petition challenging the police's seizure and continued detention of his vehicle, which had been taken into custody under Section 550 of the Code of Criminal Procedure 1898 on suspicion of being stolen. The police argued the seizure was lawful and that the vehicle was undergoing forensic verification, further noting the petitioner's criminal history and the availability of alternative remedies. The core legal question was whether the police's failure to report the seizure to a Magistrate as required by law rendered the detention illegal. The Court held that the police failed to comply with the mandatory requirements of Section 523 of the Code of Criminal Procedure 1898, as the seizure had not been reported to a Magistrate despite the passage of eight months. Consequently, the Court declared the seizure without lawful authority and ordered the immediate release of the vehicle to the petitioner, establishing that police seizure of property under Section 550, Code of Criminal Procedure 1898, becomes illegal if not reported to a Magistrate as mandated by Section 523, Code of Criminal Procedure 1898.

  Questions settled

  • Does the seizure of property by police under Section 550 of the Code of Criminal Procedure 1898 become illegal if not reported to a Magistrate under Section 523 of the Code of Criminal Procedure 1898?
  • Is a writ petition maintainable against the illegal detention of a vehicle by police when the police fail to comply with statutory reporting requirements?
  • What is the legal consequence of the police failing to report the seizure of property to a Magistrate for an extended period?
  Read full judgment →
• Akhtar Hussain vs Muhammad Aslam2007 YLR 2220 · Lahore High Court · 2007-04-09Read full judgment →
• Akbar Ali vs The State and 3 others2007 MLD 1004 · Lahore High Court · 2007-02-22
  revision petitionamendment of chargere-summoning witnessescross-examinationindefeasible rightcriminal procedurefair trial
  Summary & questions settled

  This is a criminal revision petition directed against the order of the Additional Sessions Judge, Narowal, whereby the trial court summoned certain eyewitnesses and the investigating officer for further cross-examination after the amendment of the charge. The core legal question before the Lahore High Court was whether an accused person has an indefeasible right to re-summon and cross-examine prosecution witnesses when a charge is altered, amended, or added during the trial. The court dismissed the revision petition in limine, holding that when a charge is altered, amended, or added, the accused possesses the full and indefeasible right to request the re-summoning of prosecution witnesses in order to cross-examine them regarding the newly added or altered charge, and this right cannot be denied. The key principle laid down is that the amendment of a charge entitles the defence to recall and cross-examine material witnesses to prevent prejudice and ensure a fair trial.

  Questions settled

  • Does an accused have the right to re-summon and cross-examine prosecution witnesses when a charge is altered, amended, or added?
  • Whether the trial court is justified in summoning eyewitnesses and the investigating officer for cross-examination after the addition of a new section to the charge?
  • Can an accused person be denied the opportunity to cross-examine witnesses on an amended charge?
  Read full judgment →
• Akbar Ali vs Additional Sessions Judge, Faisalabad and 7 others2007 PLD Lahore 534 · Lahore High Court · 2007-05-03Read full judgment →
• Akbar Ali and 18 others vs Mukhtar Ahmad and 14 others2007 CLC 768 · Lahore High Court · 2007-01-12
  constitutional petitionremand ordermaintainabilityinheritance disputerevenue courtsfinal orderwrit jurisdiction
  Summary & questions settled

  This matter concerns constitutional petitions challenging an order of remand passed by the Board of Revenue regarding inheritance disputes over land originally owned by a deceased predecessor. The core legal question was whether a constitutional petition is maintainable against an order of remand that does not finally determine the rights of the parties. The Lahore High Court held that such petitions are not maintainable. The Court reasoned that constitutional jurisdiction is not the appropriate remedy to challenge a remand order, as it does not constitute a final order in the proceedings. Relying on established judicial precedents, the Court affirmed that interfering with remand orders via constitutional jurisdiction is improper, as it disrupts the orderly progression of litigation. Consequently, the Court dismissed the petitions, noting that the remand order did not finally decide the lis between the parties. However, in the interest of justice, the Court directed the Revenue authority to expedite the proceedings following the remand, emphasizing that the matter had been pending for several decades.

  Questions settled

  • Is a constitutional petition maintainable against an order of remand?
  • Does a remand order constitute a final order for the purposes of constitutional jurisdiction?
  • Should the High Court exercise constitutional jurisdiction to interfere with a remand order passed by a Revenue authority?
  Read full judgment →
• Ahsan Sabir and another vs The State2007 YLR 3027 · Lahore High Court · 2007-04-09
  premature acquittalextra-judicial confessionweak evidencecriminal trialpolice reportbail discharged
  Summary & questions settled

  This matter arises from a criminal petition filed by the accused petitioners seeking premature acquittal under section 265-K of the Code of Criminal Procedure 1898 in a case registered under section 302 read with section 34 of the Pakistan Penal Code 1860. The core legal question was whether an uncorroborated extra-judicial confession of a weak nature, made by a third party and implicating the accused without details, justifies continuing a criminal trial where the police report under section 173 Cr.P.C. found the accused innocent. The Lahore High Court held that the trial has no probability of resulting in a conviction given the extremely weak and uncorroborated nature of the evidence. The court laid down the principle that an extra-judicial confession is a very weak type of evidence which seldom suffices for conviction by itself, and where the evidence lacks corroboration and the accused were found innocent during investigation, continuation of the trial is an abuse of process warranting premature acquittal under section 265-K Cr.P.C.

  Questions settled

  • Whether an extra-judicial confession alone is sufficient to sustain a conviction without corroborative evidence?
  • Can a trial court dismiss an application under section 265-K Cr.P.C. when the accused were found innocent during police investigation and the sole evidence is a deficient extra-judicial confession?
  • Is premature acquittal warranted under section 265-K Cr.P.C. when there is no probability of the accused being convicted at the conclusion of the trial?
  Read full judgment →
• Ahmed Sher and 2 others vs The State2007 MLD 741 · Lahore High Court · 2005-12-07
  post-arrest bailfurther inquiryunlawful assemblypolice investigationmedical evidencecriminal liability
  Summary & questions settled

  This criminal petition for post-arrest bail arises from a case registered under sections 302, 148, and 149 of the Pakistan Penal Code 1860, following an incident where the deceased, Ghulam Muhammad, died after an altercation. The petitioners, Ahmed Sher, Muhammad Ramzan, and Muhammad Sher, were implicated in the FIR, which alleged they were part of an unlawful assembly and caused injuries to the deceased. The core legal question before the Court was whether, given the medical evidence and the findings of innocence by successive police investigations, the petitioners were entitled to the concession of bail. The Court observed that the petitioners were either empty-handed or had not been ascribed specific fatal injuries, and the medical report indicated only trivial injuries with an unascertained cause of death. Consequently, the Court held that the case required further inquiry and accepted the bail petition. The key principle laid down is that where police investigations consistently find an accused innocent and the medical evidence does not conclusively link the accused to the cause of death, a case for further inquiry is established, justifying the grant of bail.

  Questions settled

  • Does a finding of innocence by successive police investigations constitute sufficient grounds for the grant of post-arrest bail?
  • Is bail appropriate when the medical evidence fails to ascertain the cause of death and only shows injuries of a trivial nature?
  • Can bail be granted when no specific fatal injury is attributed to the accused in a case involving multiple participants?
  Read full judgment →
• Ahmed Din and otherss vs The State2007 MLD 414 · Lahore High Court · 2006-12-05
  private defenceright of private defence of propertycriminal trespassforcible dispossessiongolden scalesacquittal
  Summary & questions settled

  This criminal appeal arose from a judgment of the Additional Sessions Judge, Burewala, convicting the appellants under Sections 302/34 and 307 of the Pakistan Penal Code 1860 for murder and attempt to murder. The prosecution alleged that the appellants shot and killed the complainant's father when the complainant party went to vacate a house in the appellants' possession. The appellants contended they acted in exercise of the right of private defence of body and property, as the complainant party forcibly trespassed into their house armed with weapons and caused severe, bone-deep injuries to the appellant and his wife. The Lahore High Court observed that the complainant party took the law into their own hands to forcibly dispossess the appellants instead of seeking legal recourse. Finding that the defence version was highly probable, corroborated by medical evidence of serious injuries on the appellant and his wife, and that the appellants could not be expected to weigh their defensive actions in golden scales, the Court held that the right of private defence was not exceeded. Consequently, the appeal was accepted, and the appellants were acquitted.

  Questions settled

  • Whether an owner of a property can resort to force to dispossess an occupant without adopting legal recourse?
  • Does the attempt to forcibly dispossess an occupant of a house give rise to the right of private defence of property and person?
  • Can an accused exercising the right of private defence be expected to weigh their defensive actions in golden scales?
  Read full judgment →
• Ahmed Din and others vs Mst. Fatima and others2007 YLR 2231(2) · Lahore High Court · 2007-04-17
  occupancy tenancyZar-e-Malkanaabandonment of tenancyvesting of ownershipcivil revisionPunjab Tenancy Act
  Summary & questions settled

  This matter concerns five consolidated civil revisions challenging the dismissal of suits filed by petitioners seeking a declaration that respondents were not occupancy tenants of the suit land and had abandoned their rights. The core legal question was whether the respondents, as occupancy tenants, had lost their rights due to failure to deposit Zar-e-Malkana within the statutory period or through abandonment under the Punjab Tenancy Act, 1887. The Court held that the respondents were indeed occupancy tenants and that the Zar-e-Malkana was deposited within the extended timelines provided by subsequent legislative amendments, specifically the Punjab Tenancy (Validation and Extension of Period for Payment of Compensation) Ordinance, 1969. Consequently, ownership rights vested in the respondents under Section 114(2)(c) of the Punjab Tenancy Act, 1887. Furthermore, the Court rejected the plea of abandonment, holding that mere possession by the landlord does not constitute legal abandonment under Section 38 of the Act absent specific statutory compliance. The revisions were dismissed, affirming the lower courts' findings.

  Questions settled

  • Does the mere possession of land by a landlord for several years constitute legal abandonment of tenancy by an occupancy tenant under Section 38 of the Punjab Tenancy Act 1887?
  • Does the failure to deposit Zar-e-Malkana within the initial period prescribed by the Punjab Tenancy (Amendment) Rules 1953 result in the forfeiture of occupancy rights if the period was subsequently extended by ordinance?
  • When does ownership of land vest in an occupancy tenant under Section 114(2)(c) of the Punjab Tenancy Act 1887?
  Read full judgment →
• Ahmed Din and 38 others vs Mst. Fatima and 63 others2007 C.L.R. 1687 · Lahore High Court · 2007-04-17Read full judgment →
• Ahmed Ali Do Surgeon Surgical (Pvt.) Ltd. vs The Income Tax Appellate(2007 P.C.T.L.R. 111) · Lahore High CourtRead full judgment →
• Ahmad Yar vs Station House Officer, Shah Kot, District Sahiwal and 82007 P Cr. L J 1352 · Lahore High Court · 2007-02-27
  second F.I.R.Intra-Court Appealregistration of F.I.R.constitutional jurisdictionmaintainability of appealinvestigationcriminal procedure
  Summary & questions settled

  This Intra-Court Appeal challenged an order passed by a learned Single Judge in chambers, which had directed the Station House Officer (S.H.O.) to register a second First Information Report (F.I.R.) regarding the murder of Mst. Jannat Bibi. The appellant contended that the second F.I.R. was inconsistent with the first version, that there was an unexplained delay in the respondent's reporting, and that the appellant was being falsely implicated due to property disputes. The core legal question was whether a second F.I.R. could be registered for the same occurrence and whether an Intra-Court Appeal was maintainable against such a direction. The Lahore High Court dismissed the appeal in limine. The Court held that there is no legal embargo on registering a second F.I.R. if it presents a different version of the occurrence, provided it is not merely an amplification of the first. The Court emphasized that the veracity of conflicting versions must be determined during investigation. Furthermore, the Court ruled that an Intra-Court Appeal against a direction to register an F.I.R. is not maintainable under the Law Reforms Ordinance, 1972.

  Questions settled

  • Is there a legal bar against the registration of a second F.I.R. regarding the same occurrence if it presents a different version of events?
  • Can an Intra-Court Appeal be maintained against an order of a Single Judge directing the registration of an F.I.R.?
  • What is the appropriate procedure for an Investigating Officer if the accused is found innocent during the investigation of a case?
  Read full judgment →
• Ahmad Yar and another vs District Collector, Pakpattan Sharif and 3 others2007 C.L.R. 46 · Lahore High Court · 2006-09-18Read full judgment →
• Ahmad through L.Rs. vs Haji Saeed Ahmed2007 YLR 2593 · Lahore High Court · 2007-03-06
  specific performanceagreement to sellrevisional jurisdictionremand of caseconcurrent findingsmisreading of evidencepre-emption suit
  Summary & questions settled

  This civil revision arose from a suit for specific performance of an agreement to sell land, which was decreed by the trial court and affirmed by the appellate court. The petitioner challenged these concurrent findings, arguing that the agreement was spurious and contradictory, and that the appellate court failed to properly consider the grounds of appeal. The central legal question involved whether the lower courts had properly evaluated the evidence regarding the alleged agreement, particularly given the timeline discrepancies between the date of the agreement and the petitioner's prior deposit of decretal amounts in a separate pre-emption suit. Upon review, the High Court found that the evidence presented by both parties was deficient and failed to resolve the core controversy surrounding the nature of the transaction—whether the money received was a loan secured by gold ornaments or consideration for the sale of land. Consequently, the Court set aside the impugned judgments and decrees and remanded the case to the trial court, granting both parties the opportunity to produce further evidence to clarify the matter.

  Questions settled

  • Can a court remand a case for further evidence when the existing evidence is insufficient to resolve the core controversy?
  • Does a discrepancy between the date of an agreement to sell and the date of an underlying financial transaction necessitate a re-examination of evidence?
  • Under what circumstances can a High Court interfere with concurrent findings of fact in its revisional jurisdiction?
  Read full judgment →
• Ahmad Sohaib vs Province of Punjab through Secretary Housing and others2007 YLR 693 · Lahore High Court · 2006-06-16Read full judgment →
• Ahmad Sher vs The State2007 P Cr. L J 440 · Lahore High Court · 2006-11-02
  qatl shibh-i-amdaltercationbrickbat blowalteration of convictiondiyatenhancement of sentencecriminal appeal
  Summary & questions settled

  This criminal appeal challenges the judgment of the Additional Sessions Judge, Faisalabad, convicting the appellant under section 302 of the Pakistan Penal Code 1860 for the qatl-e-amd of a woman following an altercation over a watercourse, alongside a connected criminal revision for sentence enhancement. The core legal question was whether a single brickbat blow delivered spontaneously during a quarrel constitutes premeditated murder under section 302 or falls under qatl shibh-i-amd. The Lahore High Court held that since a brickbat is not ordinarily a weapon likely to cause death in the ordinary course of nature, the act falls squarely within the definition of qatl shibh-i-amd under section 315 of the Pakistan Penal Code 1860. The Court set aside the conviction under section 302, altered it to section 316 of the Pakistan Penal Code 1860, and reduced the sentence to the period already undergone, alongside liability for payment of diyat. The key principle laid down is that where a fatal blow is inflicted with an object not ordinarily a weapon of offence during a sudden altercation without premeditation, the offense is properly classified and punished as qatl shibh-i-amd rather than premeditated murder.

  Questions settled

  • Whether a conviction under section 302 of the Pakistan Penal Code 1860 is sustainable when a fatal injury is caused by a single brickbat thrown during a sudden altercation?
  • Does throwing a brickbat during a dispute constitute Qatl Shibh-i-Amd under section 315 of the Pakistan Penal Code 1860?
  • What is the appropriate punishment and sentence structure upon altering a conviction from premeditated murder to Qatl Shibh-i-Amd under section 316 of the Pakistan Penal Code 1860?
  Read full judgment →
• Ahmad Sher vs StatePLJ 2007 Cr.C. (Lahore) 981 · Lahore High Court · 2006-11-02
  qatal shibh-i-amdalteration of convictiondiyatsudden altercationbrickbat injuryenhancement of sentencecriminal appeal
  Summary & questions settled

  This criminal appeal challenges the judgment of the Additional Sessions Judge, Faisalabad, convicting the appellant under Section 302 of the Pakistan Penal Code 1860 for the qatal-i-amd of a woman and sentencing him to imprisonment for life, along with a connected criminal revision for enhancement of the sentence. The core legal question was whether a single blow inflicted with a brick during a sudden altercation over a mare entering a watercourse constitutes qatal-i-amd or falls under a lesser category of homicide. The Lahore High Court held that since a brickbat is not ordinarily a weapon likely to cause death in the ordinary course of nature, the offense constitutes qatal shibh-i-amd rather than premeditated murder. Consequently, the court set aside the conviction under Section 302 and altered it to Section 316 of the Pakistan Penal Code 1860, sentencing the appellant to imprisonment for the period already undergone coupled with the payment of diyat. The key principle laid down is that where a fatal blow is inflicted by a weapon or act not ordinarily likely to cause death following a sudden dispute, the offense attracts qatal shibh-i-amd rather than qatal-i-amd.

  Questions settled

  • Whether a fatal blow inflicted with a brick during a sudden quarrel constitutes qatal-i-amd or qatal shibh-i-amd?
  • Can a conviction under Section 302 of the Pakistan Penal Code 1860 be sustained when the weapon used is not one that in the ordinary course of nature is likely to cause death?
  • What is the appropriate conviction when death results from a sudden blow with a brickbat without pre-planning?
  • Whether the sentence for qatal shibh-i-amd can be reduced to the period already undergone in view of mitigating circumstances?
  Read full judgment →
• Ahmad Sher and 10 others vs Muhammad Hayat and 3 otherss2007 MLD 1558 · Lahore High Court · 2006-10-04Read full judgment →
• Ahmad Sher and 10 others vs . Muhammad Hayat and 3 others2007 C.L.R. 499 · Lahore High Court · 2006-10-04Read full judgment →
• Ahmad Riaz Sheikh vs The State2007 YLR 3036 · Lahore High Court · 2005-05-17
  corruption and corrupt practicesassets beyond known sources of incomebenami propertyforfeiture of propertyaccountability courtpublic office holder
  Summary & questions settled

  This criminal appeal and connected writ petitions arise from a judgment of the Accountability Court convicting the appellant, a former public servant in the Federal Investigation Agency, for holding assets disproportionate to his known sources of income under the National Accountability Bureau Ordinance, 1999. The core legal questions involved whether the prosecution successfully established the accumulation of movable and immovable properties through corrupt practices, and the legality of the conviction and forfeiture of properties concerning benami transactions and family members. The Lahore High Court held that the prosecution sufficiently proved the acquisition of gold ornaments, prize bonds, specific land, bank accounts, and lavish expenditures disproportionate to known sources of income, but noted that co-accused acquitted by the trial court could not have their properties forfeited as belonging to the appellant unless held in the name of his wife or dependent children. The Court upheld the conviction under Section 9(a)(v) read with Section 10 of the National Accountability Bureau Ordinance, 1999, but reduced the sentence of imprisonment from fourteen years to five years while increasing the fine.

  Questions settled

  • Whether assets held in the names of family members can be forfeited as benami properties without sufficient proof that the primary accused provided the funds from ill-gotten resources?
  • Does the acquittal of co-accused in an accountability reference preclude the forfeiture of properties alleged to be held benami in their names?
  • Can a public office holder be convicted for possessing pecuniary resources disproportionate to known sources of income when substantial assets are recovered and unexplained?
  • What is the appropriate standard of proof required to establish charges of corruption and corrupt practices under the National Accountability Bureau Ordinance, 1999?
  Read full judgment →
• Ahmad Nawaz vs Province Of Punjab Etc.K.L.R. 2007 Revenue Cases 158 · Lahore High Court · 2006-12-12
  civil revisionspecific performancetemporary injunctionpre-emptionstatus quoexecution proceedingsprima facie case
  Summary & questions settled

  This civil revision petition challenges an order passed by the Additional District Judge, Sargodha, which vacated a status quo order regarding the possession of land. The petitioner, having filed a suit for specific performance based on an alleged agreement to sell, sought an injunction to protect his possession. The core legal question was whether the petitioner was entitled to a temporary injunction against the respondent, who held a final decree for possession through pre-emption upheld by the Supreme Court. The Court held that the petitioner failed to establish a prima facie case, noting that an agreement to sell does not create title or interest in the property and that the petitioner's suit for specific performance had already been dismissed by the trial court. Furthermore, the Court held that granting an injunction would unjustly deprive the pre-emptor of the fruits of a final decree. The key principle laid down is that an injunction cannot be granted to obstruct lawful execution proceedings, and that an agreement to sell, without more, does not justify restraining the execution of a valid decree for possession.

  Questions settled

  • Does an agreement to sell create a right, title, or interest in the suit property sufficient to warrant an injunction?
  • Can an injunction be issued to obstruct lawful execution proceedings of a decree?
  • Is a party entitled to a temporary injunction when their suit for specific performance has already been dismissed by the trial court?
  Read full judgment →
• Ahmad Nawaz vs Province of Punjab and others2007 CLC 710 · Lahore High Court · 2006-12-12Read full judgment →
• Ahmad Nawaz alias Gogi vs The State2007 PLD Lahore 121 · Lahore High Court · 2006-11-01
  Qisas and DiyatWaliCompounding of offenceCriminal appealDeath sentenceInheritanceConsanguine sisters
  Summary & questions settled

  This criminal appeal challenged the conviction and death sentence of the appellant under Section 302(b) of the Pakistan Penal Code 1860. During the pendency of the appeal, a compromise was filed. The core legal question was whether consanguine sisters of the deceased, who were not heirs at the time of the victim's death but inherited from the victim's father (who died subsequently), qualified as Wali entitled to compound the offence under Section 305 of the Pakistan Penal Code 1860. The Court held that the right to compound an offence is strictly limited to the heirs of the victim at the time of the victim's death. The Court determined that the definition of Wali under Section 305(a) does not extend to the heirs of an heir. Consequently, the consanguine sisters were excluded from the right to compromise. The Court affirmed that the right to enter into a compromise is personal to the immediate heirs of the victim and cannot be inherited by remote relatives who were not heirs at the time of the murder. The compromise was accepted, and the appellant was acquitted.

  Questions settled

  • Whether consanguine sisters of a deceased victim qualify as 'Wali' under Section 305 of the Pakistan Penal Code 1860 if they were not heirs at the time of the victim's death?
  • Does the definition of 'Wali' under Section 305 of the Pakistan Penal Code 1860 include the heirs of an heir of the victim?
  • Can the right to compound an offence under Section 345 of the Code of Criminal Procedure 1898 be exercised by relatives who were not heirs of the victim at the time of the murder?
  Read full judgment →
• Ahmad Nawaz alias Gogi vs StatePLJ 2007 Cr.C. (Lahore) 967 · Lahore High Court · 2006-11-01
  qatl-i-amdcompounding of offenceqisas and diyatwalilegal heirsconsanguine sisterspost-conviction compromise
  Summary & questions settled

  This criminal appeal and murder reference arise from a judgment of the Additional Sessions Judge, Hafizabad, convicting the appellant Ahmad Nawaz under Section 302(b) of the Pakistan Penal Code 1860 and sentencing him to death, alongside convictions of co-accused under Section 324 PPC. During the pendency of the appeal, an application under Section 345 of the Code of Criminal Procedure 1898 was filed seeking permission to compound the offence based on a compromise with the mother of the deceased. A core legal question arose as to whether consanguine sisters of the deceased can be termed as legal heirs (wali) for the purpose of the right of qisas and diyat when the father of the deceased died after the murder. The Lahore High Court held that the wali of a victim under Section 305 PPC are the direct heirs of the victim at the time of death, and the right to compound does not extend to heirs of an heir or remote relatives who inherit from a deceased father rather than the victim directly. The court found the compromise genuine, permitted the compounding of the offence, set aside the conviction, and acquitted the appellant.

  Questions settled

  • Whether consanguine sisters of a deceased victim can be termed as legal heirs or wali for the purpose of the right of qisas and diyat?
  • Does the right of a wali to compound an offence under Section 305 of the Pakistan Penal Code 1860 devolve upon the heirs of an heir of the victim?
  • Are remote relatives who inherit from a deceased father of the victim considered direct heirs of the victim for compounding an offence?
  Read full judgment →
• Ahmad Nawaz alias Baboo vs The State2007 MLD 646 · Lahore High Court · 2006-04-28
  post-arrest bailrobberycar snatchingprohibitory clausehabitual offenderrecovery of stolen property
  Summary & questions settled

  The petitioner Ahmad Nawaz alias Baboo sought post-arrest bail in case F.I.R. No. 313 registered under Section 412 of the Pakistan Penal Code 1860 at Police Station Laksian, District Sargodha, concerning the snatching of a car at gun-point. The core legal question was whether the petitioner was entitled to post-arrest bail given the circumstances of the case and his criminal record. The Lahore High Court dismissed the petition, holding that the stolen car was recovered from the petitioner and two others, that he was allegedly a habitual offender involved in multiple criminal cases including several under Section 412 of the Pakistan Penal Code 1860, and that the charged offence fell within the prohibitory clause of Section 497(1) of the Code of Criminal Procedure 1898. The key principle laid down is that post-arrest bail may be declined to an accused involved in heinous offences falling within the prohibitory clause where recovery is effected and there is a history of habitual criminal conduct.

  Questions settled

  • Is an accused entitled to post-arrest bail when a stolen vehicle is recovered from his possession?
  • Does an offence under Section 412 of the Pakistan Penal Code 1860 fall within the prohibitory clause of Section 497(1) of the Code of Criminal Procedure 1898?
  • Can previous criminal record and involvement in multiple similar cases be a ground for refusing post-arrest bail?
  Read full judgment →
• Ahmad Khan vs The State2007 YLR 1890 · Lahore High Court · 2006-12-23
  post-arrest bailZina-bil-JabrOffence of Zina (Enforcement of Hudood) Ordinancefurther inquirynegative chemical examiner reportcriminal procedure
  Summary & questions settled

  This matter arises from a post-arrest bail petition filed by the petitioner, Ahmad Khan, seeking release in case F.I.R. No. 457 dated 25-7-2006, registered under section 10 of the Offence of Zina (Enforcement of Hudood) Ordinance 1979 at Police Station Kot Momin. The core legal question concerns whether the petitioner made out a case for further inquiry under subsection (2) of section 497, Code of Criminal Procedure 1898, given a negative Chemical Examiner report and the investigating officer finding the accused innocent. The Lahore High Court allowed the bail petition, holding that the negative report regarding semen stains, the innocence opined by the investigating officer, and the need for trial court assessment brought the case within the purview of further inquiry. The key principle laid down is that where medical evidence corroboration is absent and the investigating agency finds the accused innocent, the accused is entitled to post-arrest bail pending trial.

  Questions settled

  • Does a negative report from the Chemical Examiner regarding semen stains make a case of Zina-bil-Jabr one of further inquiry for the purpose of post-arrest bail?
  • Whether the opinion of an investigating officer declaring an accused innocent brings the case within the purview of subsection (2) of section 497, Code of Criminal Procedure 1898?
  • Is an accused entitled to post-arrest bail when trial proceedings have not progressed and the medical evidence is inconclusive?
  Read full judgment →
• Ahmad Khan vs Nadir2007 C.L.R. 873 · Lahore High Court · 2006-06-09Read full judgment →
• Ahmad Khan through legal heirs and others vs Ghulam Hussain and otherss2007 MLD 857 · Lahore High Court · 2007-02-26Read full judgment →
• Ahmad Khan and another vs StatePLJ 2007 Cr.C. (Lahore)95 · Lahore High Court · 2006-09-19
  murderbenefit of doubtbelated recoveryinterested witnessesmedical corroborationenmitycriminal appealsentence enhancement
  Summary & questions settled

  This matter involves criminal appeals against the conviction and sentence of the appellants under Section 302(b) read with Section 149 and Section 148 of the Pakistan Penal Code 1860, along with a revision petition for sentence enhancement. The core legal question revolves around whether the prosecution successfully proved its case beyond a reasonable doubt given admitted enmity, delayed recoveries, and contradictions in eyewitness accounts. The Lahore High Court held that the prosecution failed to establish guilt due to lack of independent corroboration for interested witnesses, unverified and belated weapon recoveries violating Section 103 of the Code of Criminal Procedure 1898, and inconsistencies between medical and ocular evidence. The court laid down the principle that the same set of discredited evidence cannot be selectively used to convict certain accused while acquitting others, and that belated recoveries without forensic analysis and independent witnesses cannot furnish corroboration in cases of deep-rooted enmity.

  Questions settled

  • Whether the testimony of interested eyewitnesses requires independent corroboration in the presence of admitted enmity between the parties?
  • Can a conviction be sustained on the basis of weapon recoveries when the recovery proceedings violate the mandatory provisions of Section 103 of the Code of Criminal Procedure 1898 and lack forensic analysis?
  • Is it legally permissible to convict an accused on the same set of evidence that has been disbelieved by the court for co-accused who were acquitted?
  Read full judgment →
• Ahmad Hayat vs Additional District Judge, Sargodha and 2 otherss2007 MLD 201 · Lahore High Court · 2005-07-22Read full judgment →
• Ahbab Cooperative Housing Society through Secretary vs Aamer Bashir2007 YLR 1295 · Lahore High Court · 2006-05-22Read full judgment →
• Ahbab Cooperative Housing Society Through Its Secretary vs Aamer BashirK.L.R. 2007 Civil Cases 18 · Lahore High CourtRead full judgment →
• Agricultural Development Bank of Pakistan vs Messrs Modern2007 CLD 1424 · Lahore High Court · 2007-07-23
  leave to defendstatement of accountrecovery of financenon-performing loansSBP circulardefault datefinancial institution
  Summary & questions settled

  This suit was instituted by the Agricultural Development Bank of Pakistan against the defendant company and its directors for the recovery of Rs.66.129 million along with interest and mark-up, based on finance agreements and mortgage securities. The core legal questions concerned the maintainability of the suit given material discrepancies in the foundational statements of account, whether the plaintiff bank's initial failure to provide accurate disbursement dates justified the defendants raising new defences, and whether the defendant company had a legally enforceable right to be considered for settlement under State Bank of Pakistan BPD Circular 29. The court held that the original statement of account was incomplete and inconsistent with the plaint, but since the plaintiff rectified this through a supplemental statement, the defendants were entitled to raise new defences based on these disclosures. The court concluded that guidelines issued under section 33-B of the Banking Companies Ordinance, 1962, such as BPD Circular 29, have the force of law and override contractual terms, conferring a substantive right on a qualified customer to be considered for settlement. Consequently, leave to defend was granted to the defendants on the condition of furnishing security.

  Questions settled

  • Does a statement of account that fails to disclose pre-transfer transactions satisfy the mandatory requirements of section 9(2) of the Financial Institutions (Recovery of Finances) Ordinance, 2001?
  • Whether guidelines issued by the State Bank of Pakistan under section 33-B of the Banking Companies Ordinance, 1962, possess the force of law and override contractual obligations?
  • Can defendants be permitted to raise additional defences based on new disclosures made in a supplemental statement of account filed to cure defects in the original plaint?
  • Does a defaulting customer maintain a legal right to be considered for settlement on merits under BPD Circular 29 when the financial institution's refusal is based on an incorrect date of disbursement?
  Read full judgment →
• Aftab Saleem Choudhary and another vs Soneri Bank Limited through Attorneys2007 YLR 107 · Lahore High Court · 2006-09-05Read full judgment →
• Aftab Din vs Station House Officer, Police Station, Anti- CorruptionPLJ 2007 Cr.C. (Lahore) 499 · Lahore High CourtRead full judgment →
• Aftab Din vs S.H.O., Anti-Corruption, (Establishment), Mianwali and another2007 YLR 236 · Lahore High Court · 2006-10-17Read full judgment →
• Afifa Arshad vs D.E.O. and others2007 PLC (C.S.) 640 · Lahore High Court · 2007-02-20
  service lawdepartmental irregularityappointmentlachesintra-court appealpublic employmentprocedural lapse
  Summary & questions settled

  This Intra-Court Appeal arose from the dismissal of a writ petition regarding the appointment of the appellant as an Elementary English Teacher (BS-14). Although the appellant was selected and an appointment order was issued in 1995, the order was never communicated to her, and she never joined service. Later, she discovered that departmental officials had forged her signatures to draw her salary. The department subsequently claimed the appointment was bogus due to procedural irregularities in the dispatch register. The core legal question was whether a qualified candidate should suffer the consequences of administrative lapses and irregularities committed by the department. The Court held that once an appointee is qualified, their employment cannot be denied or terminated based on the department's own procedural failures or irregularities. Consequently, the Court set aside the dismissal order, directed the respondents to allow the appellant to join her duties, and granted her prospective salary, while noting the appellant's waiver of salary arrears. The principle established is that an individual cannot be penalized for the departmental errors of the appointing authority.

  Questions settled

  • Can an appointee be denied employment due to procedural irregularities committed by the department?
  • Does the failure of a department to record an appointment in a dispatch register invalidate the appointment of a qualified candidate?
  • Is a candidate responsible for the departmental lapses occurring during the recruitment process?
  Read full judgment →
• Affan Khalid vs Abdul Razzaq and another2007 C.L.R. 780 · Lahore High Court · 2006-07-24
  constitutional petitionalternative statutory remedymaintainabilityejectment petitionnon-residential buildingex parte orderrent restriction
  Summary & questions settled

  The petitioner instituted an ejectment petition against the respondent for a shop, which is a non-residential building under the Punjab Urban Rent Restriction Ordinance, 1959. The Rent Controller passed an ex parte ejectment order after setting aside an earlier ex parte proceeding, but the appellate authority allowed the respondent's appeal, setting aside the ex parte order and remanding the case for decision on merits. The petitioner challenged this via a constitutional petition. The core legal questions were whether a constitutional petition is maintainable when an alternative statutory remedy of appeal exists, and whether the appellate authority's order was justified. The Lahore High Court held that the constitutional petition was incompetent and not maintainable because the petitioner failed to avail the statutory remedy of appeal under Section 15(6) of the Punjab Urban Rent Restriction Ordinance, 1959, and failed to establish that the impugned order was void or that exceptional circumstances existed. The Court also found the petition devoid of merits. The key principle laid down is that a party cannot bypass a statutory remedy of appeal to file a constitutional petition unless exceptional circumstances or a truly void order is demonstrated.

  Questions settled

  • Is a constitutional petition maintainable against an appellate order in a rent matter where a statutory remedy of appeal is available under the Punjab Urban Rent Restriction Ordinance, 1959?
  • Can a party ignore the provision of appeal and directly invoke the constitutional jurisdiction of the High Court without showing exceptional circumstances or a void order?
  • Whether an ex parte order passed by a Rent Controller without proper service or proclamation is sustainable in law?
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