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.

• Mst. Shugfta Parveen vs Federation of Pakistan through Secretary2006 PTD 470 · Lahore High Court
  withholding taxNational Saving Organizationtax concessionprofitsconstitutional petition
  Summary & questions settled

  This constitutional petition addresses the legality of tax withholding by the National Saving Organization on profits distributed to investors. The core legal question is whether the National Saving Organization, acting as a collecting agent, can withhold tax under rule 9 in a manner that overrides concessions granted under the governing tax statutes. The Lahore High Court allowed the petition, holding that the National Saving Organization cannot withhold tax on profits distributed in a way that takes away concessions provided by law. The court established the principle that subordinate rules cannot override substantive statutory tax concessions, and directed that deducted amounts must either be refunded in cash or treated as re-investment at the petitioner's option.

  Questions settled

  • Can the National Saving Organization withhold tax on profits distributed to investors in contradiction to statutory tax concessions?
  • Whether subordinate rules like rule 9 can take away concessions provided under the Income Tax Ordinances?
  • What remedies are available to an investor when tax is unlawfully deducted by a collecting agent?
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• Mst. Shezan Sanaullah vs The State2006 P Cr. L J 522 · Lahore High Court · 2005-12-23
  post-arrest baildishonoured chequepenalty vs liquidated damagescontractual disputeprohibitory clausebail for women
  Summary & questions settled

  The petitioner sought post-arrest bail in a case registered under section 489-F of the Pakistan Penal Code 1860 for the dishonour of a cheque given as a guarantee or penalty under an agreement to sell. The core legal question was whether the issuance of a cheque as a penalty or guarantee in a civil transaction involving contractual disputes falls within the mischief of section 489-F, and whether the petitioner was entitled to bail when the offence did not fall within the prohibitory clause of section 497 of the Code of Criminal Procedure 1898 and she was a woman. The Lahore High Court held that the dispute involved civil considerations regarding the enforceability of the contract and the determination of penalty versus liquidated damages, bringing the matter within the scope of further inquiry under section 497(2) of the Code of Criminal Procedure 1898. The Court granted post-arrest bail, laying down that offences under section 489-F of the Pakistan Penal Code 1860 arising from business transactions and contractual disputes must be examined for dishonest intent on a case-to-case basis, and that bail should generally be granted when the offence falls outside the prohibitory clause or when the accused is a woman.

  Questions settled

  • Does a post-dated cheque issued as a guarantee or penalty in a civil contractual transaction attract the penal consequences of section 489-F of the Pakistan Penal Code 1860?
  • Whether an offence punishable under section 489-F of the Pakistan Penal Code 1860 falls within the prohibitory clause of section 497 of the Code of Criminal Procedure 1898?
  • Can bail be granted after arrest when the determination of liability and enforceability of an agreement is subject to adjudication by a civil court?
  • Are the considerations for granting bail before arrest and bail after arrest distinct?
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• Mst. Sher Bibi vs Government of Punjab through Secretary Highway, Civil Secretariat, Lahore and 2 others2006 PLJ Lahore 885 · Lahore High Court · 2006-03-10Read full judgment →
• Mst. Sher Bibi vs Government of Punjab through Secretary Highway and 2 others2006 PLC (C.S.) 631 · Lahore High Court · 2006-03-10
  family pensionpensionary benefitswork-charged servicecondonation of service deficiencyaccumulated leaveservice breakadministrative arbitrariness
  Summary & questions settled

  This constitutional petition concerns the denial of family pensionary benefits to the widow of a deceased government servant who served as a work-charged Beldar for nearly two decades before being regularized. The core legal question was whether the deceased's ten-month absence from duty due to paralysis, occurring prior to his death, disqualified him from pensionary entitlement, and whether the department could adjust this period against accumulated leave or condone the deficiency. The Court held that the department acted arbitrarily in denying the pension. It found that the break in service was justified by the deceased's medical condition and that the department possessed the authority to adjust the absence against the deceased's verified 350 days of accumulated leave under the relevant rules. Furthermore, the Court held that the department had the power to condone the deficiency in service under the applicable pension rules. The judgment establishes that pensionary benefits are a valuable right, and administrative authorities cannot arbitrarily deny them when statutory provisions for leave adjustment and service condonation are available to rectify minor service deficiencies.

  Questions settled

  • Can a government department adjust a break in service against accumulated leave to determine pension eligibility?
  • Does a government department have the authority to condone a deficiency in service period for the purpose of granting pensionary rights?
  • Is a widow entitled to family pension benefits when the deceased spouse's service break was caused by a documented medical condition?
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• Mst. Shazia vs The State2006 MLD 1927 · Lahore High Court · 2006-04-28
  post-arrest bailfurther inquirymurderprohibitory clausecriminal procedure
  Summary & questions settled

  Mst. Shazia sought post-arrest bail under section 497 of the Code of Criminal Procedure 1898 in a case registered under sections 302 and 109/34 of the Pakistan Penal Code 1860 at Police Station Alipur Chatha, District Gujranwala. The core legal question was whether the petitioner, a woman allegedly holding the deceased in a 'japhha' while co-accused inflicted fatal iron rod blows, made out a case for further inquiry under section 497(2) of the Code of Criminal Procedure 1898. The Lahore High Court held that the circumstances of the occurrence—taking place at night in the petitioner's house where the deceased was also present at odd hours—cast serious doubt on the prosecution story, rendering the allegation of holding the deceased unbelievable. The Court ruled that the petitioner's case fell under further inquiry, admitting her to post-arrest bail, and affirmed the principle that submission of a challan is no bar to bail, which cannot be withheld as a punishment.

  Questions settled

  • Does holding a deceased person in a 'japhha' while co-accused inflict injuries warrant the withholding of post-arrest bail to a female accused?
  • Whether the submission of a challan in court acts as a legal bar against the grant of bail to an accused?
  • Can bail be withheld as a form of punishment during the pendency of a trial?
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• Mst. Shazia Kausar vs Muhammad Ahmed And Another2006 CLC 251 · Lahore High Court · 2005-10-03Read full judgment →
• Mst. Sharman and 11 otherss vs Syed Ali Hussain and 8 otherss2006 YLR 130 · Lahore High Court · 2005-09-22
  civil revisionremandminoritypower of attorneyprocedural irregularityadditional evidenceburden of proofframing of issues
  Summary & questions settled

  This civil revision arose from conflicting judgments regarding a suit for declaration and permanent injunction filed by the respondent, who sought to invalidate a Power of Attorney and subsequent sale deed on the grounds of minority at the time of execution. While the trial court dismissed the suit, the appellate court decreed it. The core legal question was whether the lower courts erred in their procedural handling of the minority issue and the admission of evidence. The High Court held that the trial court failed to frame a specific issue regarding the respondent's minority, despite it being a material fact in dispute. Furthermore, the court found that the respondent's failure to appear in his affirmative evidence, instead reserving his statement for rebuttal, violated procedural law and prejudiced the petitioners. Consequently, the High Court set aside the appellate judgment and remanded the case for a fresh trial. The key principle laid down is that every material proposition affirmed by one party and denied by the other must be the subject of a distinct issue, and parties cannot reserve their affirmative evidence for rebuttal.

  Questions settled

  • Is it mandatory for a trial court to frame a specific issue on a material fact that is affirmed by one party and denied by the other?
  • Can a plaintiff reserve their affirmative evidence to be recorded only during the rebuttal stage?
  • Does a court have the power to interfere with a lower court's findings even in the absence of a formal appeal or cross-objection by the aggrieved party?
  • Can a court allow the production of additional evidence if it is essential for the just decision of the suit?
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• Mst. Sharman 12 others vs Syed Ali Husnain Shah 8 others2006 C.L.R. 277 · Lahore High Court · 2005-09-22
  Civil RevisionRemandMinorityAdditional evidencePower of AttorneyProcedural irregularityAffirmative evidence
  Summary & questions settled

  This Civil Revision challenged conflicting judgments regarding a suit for declaration and cancellation of a power of attorney and subsequent sale deed, predicated on the plaintiff's alleged minority at the time of execution. The core legal questions concerned the procedural propriety of the trial court’s handling of the minority issue and the admissibility of additional evidence. The High Court held that the trial court failed to frame a specific issue on the plaintiff's minority, a material fact, and that the plaintiff’s failure to appear in affirmative evidence, reserving it for rebuttal, violated procedural law. Consequently, the High Court set aside the appellate judgment and remanded the case for a fresh decision. The trial court was directed to frame a specific issue on minority, allow the parties to lead evidence, and permit the petitioners to introduce additional documents regarding the plaintiff's age. The judgment affirms that courts possess inherent powers under Section 151 of the Code of Civil Procedure 1908 to ensure justice, even in the absence of formal cross-objections, and emphasizes that every material proposition must be the subject of a distinct issue.

  Questions settled

  • Must every material proposition affirmed by one party and denied by the other be the subject of a distinct issue?
  • Is it permissible for a plaintiff to reserve their statement for rebuttal evidence instead of appearing in affirmative evidence?
  • Can a court exercise its inherent powers to remand a case for additional evidence even if no formal cross-objections were filed?
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• Mst. Sharifan Bibi Through Special Attorney And Another vs Allah Rakha2006 CLC 1750 · Lahore High Court · 2006-05-12Read full judgment →
• Mst. Sharifan Bibi and another vs Allah Rakha and 3 others2006 PLJ Lahore 1282 · Lahore High Court · 2006-05-12Read full judgment →
• Mst. Shamim Akhtar Samina vs Jaffar Hussain and 2 others2006 PLJ Lahore 335 · Lahore High Court · 2005-12-08Read full judgment →
• Mst. Shamim Akhtar Samina vs Jaffar Hussain And 2 Other2006 CLC 852 · Lahore High Court · 2005-12-08Read full judgment →
• Mst. Shamim Akhtar And 16 Others vs Mst. Kaniz Fatima And 73 Other2006 CLC 917 · Lahore High Court · 2005-05-30Read full judgment →
• Mst. Shaista vs Sh. Liaquat Ali Sathi and 2 others2006 PLD Lahore 158 · Lahore High Court · 2005-11-02
  Khuladissolution of marriagedowerHaq Mehrfamily courtrelinquishment of dower
  Summary & questions settled

  This constitutional petition arose from a family court judgment wherein the petitioner-wife's suit for dissolution of marriage was decreed on the basis of Khula', but with a condition extinguishing her right to recover unpaid dower (gold ornaments) mentioned in the Nikahnama. The core legal question was whether a Family Court, upon dissolving a marriage on the basis of Khula', can extinguish or preclude a wife's right to recover dower that has not yet been actually received by her, by interpreting the requirement to 'restore' dower as a relinquishment of the right to claim it. The Lahore High Court dismissed the petition, holding that where dower has not been received, the wife's relinquishment of her right to receive the unpaid dower serves as the lawful consideration for obtaining Khula'. The Court laid down the principle that the expression 'restore' under section 10(4) of the Family Courts Act, 1964 encompasses the relinquishment of an unrealized dower right to satisfy the Islamic principle of returning benefits received under marriage when seeking dissolution by Khula'.

  Questions settled

  • Can a Family Court extinguish a wife's right to recover unpaid dower as consideration for dissolution of marriage on the basis of Khula'?
  • Does the expression 'restore' under section 10(4) of the Family Courts Act, 1964 include the relinquishment of a dower right that has not yet been received by the wife?
  • Are the provisions of section 10(4) of the Family Courts Act, 1964 regarding the return of dower confiscatory in nature?
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• Mst. Shahnaz Mai vs Superintendent Dar-Ul- Amaan, Multan and 22006 YLR 35 · Lahore High Court · 2005-07-21Read full judgment →
• Mst. Shaheena Nargis vs District Police Officer, Bahawalnagar and anothers2006 P Cr. L J 33 · Lahore High Court · 2005-09-09
  habeas corpuspreventive detentionAnti-Terrorism Actillegal detentionFourth Scheduleliberty
  Summary & questions settled

  This petition under Section 491 of the Code of Criminal Procedure 1898 challenged the detention of the petitioner's husband, Muhammad Zafar Iqbal, who was detained by the District Police Officer, Bahawalnagar, under the orders of the Secretary to the Government of the Punjab, Home Department, pursuant to Section 11-EEE of the Anti-Terrorism Act, 1997. The core legal question was whether the detention order was lawful, given the failure of the state to demonstrate that the detenu's name was included in the Fourth Schedule list as required by the statute. The Court held that Section 11-EEE of the Anti-Terrorism Act, 1997, explicitly conditions the power of detention upon the inclusion of the person's name in the list referred to in Section 11-EE of the same Act. Since the authorities failed to produce such a list or any record justifying the detention, the Court declared the detention order illegal and without lawful authority. Consequently, the Court ordered the immediate release of the detenu, noting that the Anti-Terrorism Act, 1997, lacks provisions for appeals against such detention orders.

  Questions settled

  • Can a person be detained under Section 11-EEE of the Anti-Terrorism Act 1997 if their name is not included in the list referred to in Section 11-EE of the same Act?
  • Does the Anti-Terrorism Act 1997 provide a mechanism for appeal or representation against a detention order issued under Section 11-EEE?
  • Is a detention order passed under Section 11-EEE of the Anti-Terrorism Act 1997 valid if the state fails to produce evidence of the detenu's inclusion in the Fourth Schedule?
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• Mst. Shaheena Nargis vs District Police Officer, Bahawalnagar and anotherPLJ 2006 Cr.C. (Lahore) 1278 · Lahore High Court · 2005-09-09
  habeas corpuspreventive detentionAnti-Terrorism ActFourth Scheduleillegal detention
  Summary & questions settled

  This matter comes before the Lahore High Court through a habeas corpus petition filed under Section 491 of the Code of Criminal Procedure 1898 by Mst. Shaheena Nargis, challenging the preventive detention of her husband, Muhammad Zafar Iqbal, ordered by the Home Department under Section 11-EEE of the Anti-Terrorism Act, 1997. The core legal question is whether the detention of a person under Section 11-EEE is lawful when the authorities fail to establish that the detenu's name is included in the list referred to in Section 11-EE of the statute. The Court holds that an order of detention under Section 11-EEE can only be made if the individual's name is included in the list referred to in Section 11-EE. Because the respondents failed to produce any record or notification showing the detenu's inclusion in the Fourth Schedule or any involvement in a case, the detention is declared illegal and without lawful authority. The key principle laid down is that fulfillment of the statutory prerequisite of inclusion in the Section 11-EE list is mandatory for sustaining a preventive detention order under Section 11-EEE of the Anti-Terrorism Act, 1997.

  Questions settled

  • Can a person be detained under Section 11-EEE of the Anti-Terrorism Act 1997 without their name being included in the list referred to in Section 11-EE?
  • Whether a detention order passed under Section 11-EEE of the Anti-Terrorism Act 1997 is lawful in the absence of any record showing the detenu's involvement in a case?
  • Does the Anti-Terrorism Act 1997 contain any provision providing for an appeal or representation against a detention order?
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• Mst. Shaheen Noon and anothers vs Allied Bank of Pakistan through Manager and others2006 CLD 706 · Lahore High Court · 2005-07-06Read full judgment →
• Mst. Shagufta Yasmeen vs Baber Ali and another2006 MLD 136 · Lahore High Court · 2005-09-14
  habeas corpuscustody of minorillegal removalguardianshipjurisdictioninterim custody
  Summary & questions settled

  This matter involves a habeas corpus petition filed under Section 491 of the Code of Criminal Procedure 1898 by the mother seeking the production and custody of her minor son, a British national who was allegedly snatched forcibly by the respondent in Pakistan. The core legal question concerns whether the High Court can exercise its jurisdiction under Section 491 of the Code of Criminal Procedure 1898 to restore the custody of a minor when an alternate remedy under the Guardians and Wards Act 1890 is available, and whether such jurisdiction can be invoked in cases of illegal removal. The court held that the availability of a remedy under the Guardians and Wards Act 1890 does not oust the High Court's jurisdiction under Section 491 of the Code of Criminal Procedure 1898, which can be invoked to restore custody as an interim measure when a minor has been illegally or improperly removed from lawful custody. The key principle laid down is that while matters concerning the long-term welfare and guardianship of a minor should ordinarily be determined by the Guardian Judge, Section 491 provides a speedy remedy to correct illegal or forcible removal of a minor without prejudice to subsequent determinations under the Guardians and Wards Act 1890.

  Questions settled

  • Does the availability of a remedy under the Guardians and Wards Act 1890 oust the jurisdiction of the High Court under Section 491 of the Code of Criminal Procedure 1898?
  • Can the High Court restore the custody of a minor to a parent under Section 491 of the Code of Criminal Procedure 1898 when the minor has been forcibly snatched?
  • Is the jurisdiction under Section 491 of the Code of Criminal Procedure 1898 available for deciding the permanent suitability and welfare-based custody of a minor?
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• Mst. Shagufta Khanam vs University of the Punjab through Vice-2006 YLR 1182 · Lahore High Court · 2004-04-28Read full judgment →
• Mst. Shabana Shaheen vs Mazhar Hayat and 2 otherss2006 YLR 1929 · Lahore High Court · 2005-12-15Read full judgment →
• Mst. Sarwari Begum and 7 otherss vs Munawar Sultana and 9 otherss2006 YLR 1459 · Lahore High Court · 2005-10-17Read full judgment →
• Mst. Sardaran Bibi and others vs Manzoor Ali2006 MLD 1303 · Lahore High Court · 2006-04-04Read full judgment →
• Mst. Sammo And 10 Others vs Falak Sher2006 CLC 1659 · Lahore High Court · 2006-06-07Read full judgment →
• Mst. Salamat Bibi Through L.Rs. vs Yameen Through L.Rs. And Other2006 CLC 726 · Lahore High Court · 2005-03-30
  limitationlimited ownercustomary lawinheritancealienationfraudpleading
  Summary & questions settled

  The appellant, Mst. Salamat Bibi, challenged a 1974 sale mutation executed by Mst. Khooban, a limited owner under customary law, regarding agricultural land. The appellant claimed entitlement to the estate as a legal heir of the last male owner, Abdul Ghafoor. The trial and appellate courts dismissed the suit, holding it barred by limitation under Section 3 of the Punjab Muslim Personal Law (Shariat) Application (Removal of Difficulties) Act, 1975, which mandates a one-year limitation period for challenging such alienations from the date of the Act's enforcement. The appellant argued that the limitation period for inheritance claims is generally longer and that fraud should toll the limitation period. The High Court upheld the lower courts' decisions, ruling that the specific limitation period prescribed by the 1975 Act overrides general inheritance limitation principles. Furthermore, the Court rejected the plea regarding fraud, noting that the appellant failed to plead particulars of fraud in the plaint as required by Order VII, Rule 6 of the Code of Civil Procedure 1908. The appeal was dismissed.

  Questions settled

  • Does the one-year limitation period under Section 3 of the Punjab Muslim Personal Law (Shariat) Application (Removal of Difficulties) Act, 1975, apply to suits challenging alienations by limited owners?
  • Can a party raise a plea of fraud under Section 18 of the Limitation Act 1908 on appeal if it was not pleaded in the plaint as required by Order VII, Rule 6 of the Code of Civil Procedure 1908?
  • Does the specific limitation period in the Punjab Muslim Personal Law (Shariat) Application (Removal of Difficulties) Act, 1975, prevail over general limitation periods for inheritance claims?
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• Mst. Sakina Bibi Kausar vs Mst. Robina Kausar and 3 others2006 C.L.R. 1832 · Lahore High Court · 2006-06-28Read full judgment →
• Mst. Sakina Bibi and others vs Khurshid All and others2006 C.L.R. 1015 · Lahore High Court · 2005-11-21Read full judgment →
• Mst. Sakina Bibi and others vs Khurshid Ali and others2006 MLD 1878 · Lahore High Court · 2005-11-21Read full judgment →
• Mst. Sakina Bibi and 9 others vs Mst. Mukhtar Begum and 4 others2006 MLD 1250 · Lahore High Court · 2006-03-06
  civil revisionsuit for possessionproof of titlerevenue recordjamabandinon-reading of evidencewitness box
  Summary & questions settled

  The respondents filed a civil suit seeking possession of land based on title, which was dismissed by the trial court but decreed in their favor by the appellate court. The petitioners challenged this appellate decision through a revision petition before the Lahore High Court. The core legal question was whether the respondents had discharged the onus of proving their title and lawful possession. The Lahore High Court held that the respondents failed to prove their title, omitted to enter the witness box despite availability, and made false claims regarding forcible dispossession, whereas the petitioners' long-standing possession was duly established through revenue records. Consequently, the revision petition was allowed, the appellate decree was set aside, and the trial court's judgment dismissing the suit was restored. The key principles laid down are that revenue entries such as jamabandies only raise a rebuttable presumption of truth and do not create title, that plaintiffs must stand on their own legs to prove title, and that the failure of a party to enter the witness box permits an adverse inference.

  Questions settled

  • Whether jamabandies alone are sufficient to prove title in a suit for possession?
  • What is the legal effect when a plaintiff fails to enter the witness box to depose in support of their own case?
  • Can a plaintiff succeed in a suit for possession on the basis of title without proving how and when such title was acquired?
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• Mst. Sajida Perveen vs City District Government through District Nazim2006 PLC (C.S.) 1245 · Lahore High Court · 2006-01-25
  voluntary retirementpensionary benefitscivil servantnotice periodmandatory provisionfamily pensionstatutory interpretation
  Summary & questions settled

  This petition concerns the entitlement of a widow to a retiring pension following the death of her husband, a government servant who had applied for voluntary retirement after completing 25 years of service but died before the expiration of the mandatory three-month notice period. The core legal question was whether the three-month notice requirement prescribed by the West Pakistan Civil Servants Pension Rules, 1963, is a mandatory condition precedent for the validity of the retirement, such that failure to complete it due to death disentitles the servant's estate to pensionary benefits. The Court held that the notice period is not mandatory in the sense that its interruption by an involuntary event like death invalidates the retirement option. The Court reasoned that the notice provision serves administrative purposes, such as allowing the department to organize work, and lacks penal consequences for non-completion. Consequently, the Court ruled that the death of the servant did not revoke the retirement option, and the widow remained entitled to the retiring pension, setting aside the contrary decision of the Provincial Ombudsman.

  Questions settled

  • Is the three-month notice period for voluntary retirement under the West Pakistan Civil Servants Pension Rules, 1963, a mandatory condition whose non-completion invalidates the retirement?
  • Does the death of a government servant before the expiry of the notice period for voluntary retirement constitute a revocation of the retirement option?
  • Can a government department deny retiring pension benefits to the estate of a deceased servant solely because the three-month notice period was interrupted by the servant's death?
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• Mst. Saira Shaukat through Special Attorney vs District Collector I.C.T., Islamabad and 2 otherss2006 YLR 1753 · Lahore High Court · 2004-01-16
  Muslim Family LawsDivorceArbitration CouncilEffectiveness of DivorceShia LawJurisdiction of Chairman
  Summary & questions settled

  This writ petition challenged the issuance of a certificate of effectiveness of divorce by the District Collector, Islamabad, regarding the petitioner's marriage. The petitioner, a Shia Muslim, contended that no valid divorce was pronounced under the tenets of her faith and that the mandatory reconciliation proceedings required by law were not properly conducted. The core legal question concerned the jurisdiction of the Chairman of the Arbitration Council to issue a certificate declaring a divorce effective and the requirements for a valid divorce under the relevant statutory framework. The court held that the Chairman lacks the jurisdiction to issue such a certificate, as the effectiveness of a divorce is determined solely by the fulfillment of statutory conditions, not by administrative certification. The court established the principle that for a divorce to be effective under Section 7 of the Muslim Family Laws Ordinance, 1961, there must be a valid pronouncement according to the parties' sect, proper notice to the Chairman and the wife, and the expiration of the prescribed ninety-day period. Any certificate issued by an administrative authority is irrelevant to the legal validity of the divorce.

  Questions settled

  • Does the Chairman of an Arbitration Council have the jurisdiction to issue a certificate declaring a divorce effective?
  • What are the essential conditions for a valid divorce under Section 7 of the Muslim Family Laws Ordinance, 1961?
  • Is a certificate of effectiveness of divorce issued by an administrative authority conclusive proof of a valid divorce?
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• Mst. Saira Shaukat through Special Attorney vs District and Sessions2006 YLR 3120 · Lahore High Court · 2004-01-16Read full judgment →
• Mst. Sahib Bibi and anothers vs The State2006 YLR 1436 · Lahore High Court · 2005-10-18
  pre-arrest bailstatutory exception for womensurety bondsidentity discrepancybail dismissal
  Summary & questions settled

  This matter arises from a petition for pre-arrest bail filed by the petitioners in case F.I.R. No. 310 of 2005 registered under sections 419, 420, and 468 of the Pakistan Penal Code 1860 at Police Station Chiniot, District Jhang. The core legal question involves the entitlement of the accused petitioners to pre-arrest bail in light of statutory exceptions for women and compliance with surety bond requirements, alongside discrepancies regarding the identity and name of the petitioner. The court held that petitioner No. 1, being an illiterate woman whose investigation was complete, was entitled to confirmation of pre-arrest bail under the first proviso to section 497 of the Code of Criminal Procedure 1898. However, the petition regarding petitioner No. 2 was dismissed due to discrepancies and failure to properly furnish valid surety bonds under the correct identity. The key principle laid down is that pre-arrest bail may be confirmed for women under statutory exceptions when investigation is complete, but petitions involving identity discrepancies and defective surety submissions are liable to be dismissed.

  Questions settled

  • Whether an illiterate female accused is entitled to the benefit of the first proviso to section 497 of the Code of Criminal Procedure 1898 for pre-arrest bail when investigation is complete?
  • What is the effect of discrepancies in the name and identity of an accused person on the validity of surety bonds submitted for pre-arrest bail?
  • Can a pre-arrest bail petition be dismissed where the petitioner fails to properly file surety bonds under the correct name stated in the first information report?
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• Mst. Saeeda vs Ishfaque Javaid Mukhi and 3 otherss2006 YLR 1016 · Lahore High Court · 2005-06-15
  habeas corpuschild custodyhizanatminor's welfareforeign national
  Summary & questions settled

  This matter involves a habeas corpus petition filed under Section 491 of the Code of Criminal Procedure 1898 by a Japanese national mother against her former Pakistani husband and his family members for the recovery and custody of her minor daughter. The core legal questions relate to the maintainability of a habeas corpus petition for child custody, the welfare of the minor, and the implications of the minor's expired visa while custody proceedings are pending in Japan. The Lahore High Court held that the petition under Section 491, Cr.P.C. is maintainable, and in evaluating the welfare of the child—noting the mother's right to hizanat under personal law, the father's absence from proceedings, the poor quality of local schooling, and the expiration of the minor's legal stay in Pakistan—decided to allow the petition and hand over the custody of the minor unconditionally to the mother. The key principle laid down is that the High Court, under its constitutional and statutory habeas corpus jurisdiction, can examine the welfare of a minor and restore custody to the entitled parent when circumstances show the child's well-being is compromised.

  Questions settled

  • Whether a habeas corpus petition under Section 491 of the Code of Criminal Procedure 1898 is maintainable for the custody of a minor?
  • Can the High Court examine the question of the welfare of a minor while exercising jurisdiction under Section 491 of the Code of Criminal Procedure 1898?
  • Does the mother retain the right to hizanat of a young female child under personal law in habeas corpus proceedings?
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• Mst. Saeeda Akhtar Sadiq Through Special Attorney vs Tauqir Akhtar2006 CLC 1430 · Lahore High Court · 2006-05-08
  regular second appealframing of issuesconcurrent findings of factlimitation periodmisreading of evidenceloan vs giftsuit for recovery
  Summary & questions settled

  The appellant filed a suit for the recovery of a loan amount provided to the respondent, which the respondent contested, claiming the funds were a marriage gift. Both the trial court and the lower appellate court dismissed the suit, finding that the transaction was a gift and that the suit was barred by limitation. In this regular second appeal, the appellant challenged the lower courts' findings, arguing that proper issues were not framed and that the evidence was misread. The High Court dismissed the appeal in limine. The Court held that an objection regarding the failure to frame proper issues cannot be raised for the first time in second appeal if the parties were aware of the controversy and led evidence accordingly. Furthermore, the Court affirmed that concurrent findings of fact by lower courts regarding the nature of the transaction and the limitation period are not subject to interference in second appeal under Section 100 of the Code of Civil Procedure 1908, absent evidence of misreading or legal defect. The Court also confirmed that a loan suit is governed by the three-year limitation period under Article 59 of the Limitation Act 1908.

  Questions settled

  • Can an objection regarding the failure to frame proper issues be raised for the first time in a second appeal?
  • Does the omission to frame specific issues render a judgment illegal if the parties were aware of the controversy and led evidence?
  • Under what circumstances can the High Court interfere with concurrent findings of fact in a second appeal?
  • What is the limitation period for a suit to recover a loan, and when does it commence?
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• Mst. Saeeda Akhtar Sadiq (Widow) vs Tauqir Akhtar2006 PLJ Lahore 1180 · Lahore High Court · 2006-05-08Read full judgment →
• Mst. Sabra Begum and anothers vs Mst. Iffat Shafique and 2 otherss2006 YLR 2678 · Lahore High Court · 2006-06-05Read full judgment →
• Mst. Saabran Bibi and others vs Muhammad Ibrahim and others2006 C.L.R. 833 · Lahore High Court · 2004-09-21Read full judgment →
• Mst. Rukhsana Bibi vs Muhammad Ansar2006 YLR 666 · Lahore High Court · 2005-10-25
  list of witnessesproduction of evidencewitnesses in attendancesummary jurisdictioncivil revisionprocedural technicalities
  Summary & questions settled

  This civil revision petition arises from an order passed by the Additional District Judge, Multan, dismissing the petitioner's application to submit a list of witnesses in a money suit. The core legal question was whether a plaintiff failing to submit a list of witnesses within the prescribed time under Order XVI Rule 1 of the Code of Civil Procedure 1908 can be completely debarred from producing witnesses who are in attendance under Order XVIII Rule 4 of the Code of Civil Procedure 1908. The Lahore High Court held that notwithstanding the non-submission of a witness list and the resultant embargo on summoning witnesses through the court's process serving agency, a party cannot be deprived of the right to produce witnesses in attendance under Order XVIII Rule 4 of the Code of Civil Procedure 1908. The key principle laid down is that procedural technicalities and counsel negligence should not be allowed to non-suit a litigant, and the court retains the power to permit the examination of witnesses in attendance or upon showing good cause in the interest of substantive justice.

  Questions settled

  • Can a plaintiff produce witnesses not included in the list of witnesses if those witnesses are present in court?
  • Does the failure to submit a list of witnesses under Order XVI Rule 1 of the Code of Civil Procedure 1908 bar a party from producing witnesses in attendance under Order XVIII Rule 4 of the Code of Civil Procedure 1908?
  • Whether the negligence of a counsel constitutes good cause for allowing a party to examine witnesses whose names were not initially submitted in the witness list?
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• Mst. Rubina Bibi vs Muhammad Bashir Ahmed and anothers2006 YLR 633 · Lahore High Court · 2005-09-28Read full judgment →
• Mst. Rehmat Bibi And 6 Others vs Bahadar Khan2006 CLC 659 · Lahore High Court · 2001-02-07
  suit for possessionfraud and misrepresentationburden of proofrevenue mutationsconcurrent findingsmaintainability of suittitle to property
  Summary & questions settled

  This civil appeal arises from a dispute over the possession of land measuring 1 Kanal and 8 Marlas. The respondent filed a suit for possession based on title, which was initially dismissed but subsequently decreed in his favor after remand, with concurrent findings by the lower courts affirming the respondent's ownership and declaring the appellants' claimed sale mutations to be the result of fraud and misrepresentation. The core legal question was whether a suit for possession is maintainable without a specific prayer for declaration when the defendant relies on fraudulent mutations to claim title. The Court held that the suit was maintainable, noting that the burden of proving the validity of the sale transaction lay on the appellants, who failed to substantiate the alleged sale or payment of consideration. The Court affirmed the concurrent findings of fact, emphasizing that the appellants could not raise the issue of maintainability for the first time at the appellate stage, especially when no such objection or issue was raised during the trial proceedings.

  Questions settled

  • Is a suit for possession maintainable without a specific prayer for declaration where the defendant relies on fraudulent mutations?
  • Does the burden of proof lie on the party claiming title through a sale mutation when the original owner denies the transaction?
  • Can a party raise the objection of maintainability of a suit for the first time at the appellate stage?
  • Are concurrent findings of fact regarding the validity of sale mutations binding in second appeal?
  Read full judgment →
• Mst. Rehana Nasreen vs Shahid Pervaiz and others2006 MLD 1604 · Lahore High Court · 2004-03-03
  partition suitpreliminary decreelimitation periodCode of Civil Procedureoral giftapplication of mindprocedural irregularity
  Summary & questions settled

  This appeal arose from a trial court's preliminary decree in a suit for partition, separate possession, and permanent injunction. The appellant challenged the decree, arguing that the property was orally gifted to her and that the trial court failed to follow mandatory procedural requirements under the Code of Civil Procedure. The core legal questions were whether the trial court erred in passing a preliminary decree without recording evidence or obtaining consent from all defendants, and whether the appeal was time-barred. The High Court held that the trial court acted without proper application of mind by ignoring the defendants' contestation of the partition mode, thereby violating mandatory procedural provisions. The Court set aside the impugned decree, directed the parties to file written statements, and ordered the trial court to frame issues and decide the suit within four months. Regarding limitation, the Court ruled the appeal was within time, applying Section 4 of the Limitation Act. The judgment emphasizes that a court must adjudicate based on evidence and pleadings, and cannot bypass mandatory procedural requirements for partition decrees.

  Questions settled

  • Can a trial court pass a preliminary decree for partition without recording evidence when the defendants contest the mode of partition?
  • Does the failure of a trial court to apply its mind to the pleadings and contestations of the parties render a preliminary decree unsustainable?
  • Is an appeal filed after the court reopens, following the expiration of the limitation period during court holidays, considered time-barred under the Limitation Act 1908?
  Read full judgment →
• Mst. Rehana Begum vs District Education Officer (W_Ee), Multan and others2006 PLC (C.S.) 215 · Lahore High Court · 2004-04-19
  constitutional petitionmaternity leavetemporary employeeregularization of serviceservice structureeducation department
  Summary & questions settled

  The petitioner, an Elementary English Teacher inducted on a temporary basis in the Education Department, filed a constitutional petition seeking directions against the respondents to pay her salary for the period of maternity leave she availed, which the respondents had treated as leave without pay on the grounds that her service structure had not yet been framed. The core legal question was whether a temporary government employee whose service structure has not been framed is entitled to paid maternity leave, and whether such employees are deemed regularized after completing four years of service. The court held that, following the principle established by the Supreme Court, temporary employees who are neither removed nor explicitly confirmed are deemed regularized after four years of service. Consequently, the court decided that the petitioner is entitled to receive pay for her maternity leave until the competent authority frames her service structure, while granting liberty to the respondents to raise claims later if determined otherwise. The key principle laid down is that temporary government employees with continuous service exceeding four years without specific confirmation orders are deemed regularized and entitled to regular service benefits such as paid maternity leave in the absence of a framed service structure.

  Questions settled

  • Whether temporary government employees who are neither removed nor confirmed are deemed regularized after four years of service?
  • Is an employee entitled to receive pay for the period of maternity leave when the service structure of their category has not been framed by the competent authority?
  • Can the respondents claim recovery or raise objections regarding maternity leave pay after the service structure is eventually framed?
  Read full judgment →
• Mst. Rehana Bashir vs Mst. Badar Jehan and others2006 PLJ Lahore 550 · Lahore High Court · 2006-01-16Read full judgment →
• Mst. Rehana Bashir vs Mst. Badar Jehan and 6 others2006 PLD Lahore 283 · Lahore High Court · 2006-02-24Read full judgment →
• Mst. Rasoolan Bibi and otherss vs Nizam Ud Din and otherss2006 YLR 649 · Lahore High Court · 2005-11-16
  civil revisionremand of caseinheritancemutationappellate court powerstechnical irregularity
  Summary & questions settled

  The petitioners filed a civil suit seeking a declaration regarding inheritance rights and the setting aside of a mutation and subsequent transfers, which was decreed by the trial court. On appeal, the Additional District Judge set aside the judgment and remanded the case, citing that issues were decided collectively and that the plaint lacked particulars of subsequent mutations and beneficiaries. The petitioners challenged the remand order through a civil revision before the Lahore High Court. The core legal question was whether the appellate court was justified in remanding the case on grounds of joint decision of issues and alleged vagueness in the plaint without proper examination of the record. The High Court held that the appellate court's remand order was contrary to law and unsupported by the record, noting that a case should not be remanded for technical irregularities when sufficient material is available on record. The petition was allowed, the remand order was set aside, and the appellate court was directed to decide the appeal afresh on merits.

  Questions settled

  • Whether an appellate court can remand a case for trial de novo on the ground that the trial court decided multiple issues collectively?
  • Is it permissible for an appellate court to remand a suit without scanning the available evidence and pointing out specific omissions in the plaint?
  • Can a case be remanded merely on technical irregularities when sufficient material and evidence exist on the record for a decision?
  Read full judgment →
• Mst. Rasool Bibi through Legal Heirss vs Additional District Judge, Sialkot and another2006 PLD Lahore 181 · Lahore High Court · 2006-01-31
  Section 12(2) applicationconsent decreefraud and misrepresentationlimitation periodburden of proofvalidity of giftQanun-e-Shahadat
  Summary & questions settled

  This civil revision petition challenges an appellate order that dismissed an application under Section 12(2), Code of Civil Procedure 1908, which had originally set aside a consent decree obtained through alleged fraud and impersonation. The core legal questions concerned whether the application was time-barred and whether the respondent, as the beneficiary of the decree, sufficiently proved the validity of the underlying gift and the decree itself. The High Court held that the revisional court erred in its limitation analysis by failing to apply Section 18, Limitation Act 1908, which tolls the limitation period in cases of fraud. The Court determined that the decree was tainted by fraud, as the respondent failed to prove the predecessor's appearance in court or the essential elements of a valid gift. The Court established that the burden of proof rests on the beneficiary to prove a gift's validity, including delivery of possession. Additionally, it ruled that expert reports not tendered into evidence are inadmissible, and statements made before a local commission cannot be used without proper confrontation under Article 140, Qanun-e-Shahadat 1984. The trial court’s decision was restored.

  Questions settled

  • Does the limitation period for an application under Section 12(2), Code of Civil Procedure 1908, commence from the date of the decree or from the date of knowledge when fraud is alleged?
  • Can a report by a Finger Print Expert be relied upon if it was not formally tendered into evidence or subjected to cross-examination?
  • Is a statement made before a local commission admissible against a party if the party was not confronted with that statement during their testimony as required by Article 140, Qanun-e-Shahadat 1984?
  • What is the burden of proof on a beneficiary of a gift regarding the validity of the transaction and the delivery of possession?
  Read full judgment →
• Mst. Rasool Bibi and others vs Addl. District Judge Sialkot and another2006 PLJ Lahore 651 · Lahore High Court · 2006-01-31Read full judgment →
• Mst. Rasool Bibi and others vs Additional District Judge, Sialkot (Ch. Abdul2006 C.L.R. 1087 · Lahore High CourtRead full judgment →
• Mst. Rashidan Bibi (deceased) through Legal Heirs vs Mst. Jantay Bibi etc.2006 PLJ Lahore 8 · Lahore High Court · 2005-05-10
  inheritance mutationfiqa jafriaburden of proofconcurrent findingsrevisional jurisdictionpresumption of sunni law
  Summary & questions settled

  This civil revision petition arises out of a concurrent dismissal of a declaratory suit filed by the petitioners challenging an inheritance mutation on the grounds that the deceased owner belonged to the Shia sect (Fiqa Jafria) rather than the Sunni sect, and that defendant No. 1 was not his lawful widow. The core legal questions involved the proper appreciation of evidence regarding the deceased's religious sect, the initial presumption of Sunni law governing Muslims in the subcontinent, and the limited scope of revisional jurisdiction under Section 115 of the Code of Civil Procedure 1908. The Lahore High Court held that the concurrent factual findings of the lower courts were based on proper appreciation of evidence, that the petitioners failed to rebut the initial presumption that the deceased Muslim was governed by Hanfi law, and that no misreading or non-reading of the record was made out. The petition was accordingly dismissed, affirming that High Courts cannot interfere with concurrent findings of fact in revision absent material irregularity or illegality.

  Questions settled

  • Whether there is an initial presumption under Muslim law in the subcontinent that a deceased Muslim is governed by Hanfi law until the contrary is proved?
  • Can a High Court interfere with concurrent findings of fact of subordinate courts under Section 115 of the Code of Civil Procedure 1908 in the absence of material irregularity or illegality?
  • Whether the burden of proving a departure from the initial presumption of Hanfi law lies on the party asserting a different sect?
  Read full judgment →
• Mst. Rashida Bano vs Mst. Samina Yousaf And 6 Other2006 CLC 810 · Lahore High Court · 2005-03-22
  Benami transactionjoint ownershiprevisional jurisdictionsuccession certificateburden of prooffamily property
  Summary & questions settled

  This matter involves civil revision petitions arising from consolidated suits concerning the ownership of Cumulative Deposit Certificates (C.D.Cs.) purchased jointly in the names of a mother and her deceased son. The core legal question was whether the son was the exclusive owner of the certificates, with the mother acting as a 'Benamidar,' or if the mother held a legitimate ownership interest. The trial and appellate courts had previously ruled that the son was the exclusive owner. Upon review, the High Court held that neither party successfully established exclusive ownership or the 'Benami' nature of the transaction. The Court determined that since the son was a student with no independent income at the time of purchase and the mother failed to prove exclusive funding, the funds must be deemed family money contributed equally. Consequently, the Court set aside the lower courts' findings, holding that the mother and son owned the certificates in equal shares. The principle laid down is that in the absence of evidence proving exclusive source of funds or a 'Benami' motive, joint investments by family members are presumed to be held in equal shares.

  Questions settled

  • Does the purchase of an asset in the joint names of a mother and a student son with no independent income create a presumption of equal ownership?
  • Can a court interfere with concurrent findings of fact in revisional jurisdiction if the lower courts based their decision on illegal presumptions?
  • Is a party's subsequent attempt to obtain duplicate certificates sufficient to prove the 'Benami' nature of an original joint investment?
  Read full judgment →
• Mst. Rasheeda Bibi vs Station House Officer, Police Station City2006 P Cr. L J 1537 · Lahore High Court · 2006-06-08
  quashment of FIRcivil and criminal proceedingsforgeryfraudagreement to sellinvestigation prerogativespecific performance
  Summary & questions settled

  This criminal miscellaneous petition was filed under the constitutional jurisdiction of the Lahore High Court seeking the quashment of F.I.R. No. 304 of 2004 registered under sections 420, 468, and 471 of the Pakistan Penal Code 1860 at Police Station City Chichawatni, District Sahiwal, on the allegation of forging thumb-impressions on an agreement to sell. The core legal questions examined were whether criminal proceedings can be quashed merely because a civil suit regarding the same property is pending, and whether section 195 of the Code of Criminal Procedure 1898 bars the registration of an F.I.R. for a forged document submitted in civil proceedings. The High Court held that civil and criminal proceedings can run simultaneously where criminal liability is made out, section 195 Cr.P.C. does not bar an F.I.R. when the document was forged prior to the institution of the civil suit, and the High Court will not interfere with an ongoing police investigation. The petition was accordingly dismissed.

  Questions settled

  • Can criminal proceedings and civil proceedings continue side by side arising out of the same transaction?
  • Does section 195 of the Code of Criminal Procedure 1898 bar the registration of an F.I.R. for a forged document when the forgery occurred prior to the filing of a civil suit?
  • Can the High Court interfere with or quash an F.I.R. while an investigation by the police is ongoing?
  • Does section 56 of the Specific Relief Act 1877 bar the stay of proceedings in criminal matters?
  Read full judgment →
• Mst. Rabia Bibi and another vs Eau and 6 others2006 MLD 1671 · Lahore High Court · 2006-01-18Read full judgment →
• Mst. Rabia and anothers vs D.P.O., Muzaffargarh and 2 otherss2006 YLR 83 · Lahore High Court · 2005-07-20Read full judgment →
• Mst. Qurrat Ul Ain vs Secretary Education, Lahore And 3 Other2006 CLC 850 · Lahore High Court · 2005-07-04
  constitutional petitionintermediate examinationcompartment caseresult cardeducational institutionwrit jurisdiction
  Summary & questions settled

  This constitutional petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973 was filed by the petitioner seeking a direction for the release of her result card for the Intermediate Examination Session 2004. The core legal question was whether a candidate who received a compartment in Intermediate Part-I Examination in 2002, failed to appear in 2003, and subsequently appeared in 2004, lost her right to clear the compartment papers. The Lahore High Court held that under Rule 25 of the Rules Regarding Part-I and Part-II (Part System) Examination at Intermediate Level, a candidate is entitled to two chances to clear compartment subjects, and failure to appear in an intermediate year does not forfeit the remaining chance. The court laid down the principle that minor irregularities in the admission form do not extinguish a student's substantive right to avail prescribed examination chances.

  Questions settled

  • Whether a candidate loses the second chance to clear compartment subjects if they do not appear in the immediately succeeding examination session?
  • Can minor irregularities or incorrect entries in an admission form deprive a student of their right to appear in an examination and obtain a result card?
  Read full judgment →
• Mst. Parveen Bibi vs S.H.O. P.S. Machi Wala, Distt, Vehari and 4 others2006 PLJ Lahore 1106 · Lahore High Court · 2006-04-20Read full judgment →
• Mst. Parveen Bibi vs S. H.O. and 4 others2006 MLD 1367 · Lahore High Court · 2006-04-20Read full judgment →
• Mst. Parveen Akhtar and anothers vs Muhammad Sattar2006 PLD Lahore 410 · Lahore High Court · 2006-03-22
  pre-emptionprobable valueZar-e-Soeminflated sale pricesummary inquirycivil revision
  Summary & questions settled

  This civil revision petition arises from a pre-emption suit where the trial court, acting under section 24 of the Punjab Pre-emption Act 1991, provisionally determined the probable value of the suit land after finding the price mentioned in the registered sale-deed to be inflated, and ordered the pre-emptor to deposit one-third of this probable value (Zar-e-Soem). Subsequently, the defendants sought re-determination of the probable value and an increased Zar-e-Soem, which the trial court dismissed. The Lahore High Court addressed the core legal question of whether a defendant has a vested right to notice and hearing during the preliminary, summary inquiry for determining probable value under the Punjab Pre-emption Act 1991, and whether the court can alter or review the Zar-e-Soem beyond the statutory thirty-day period. The Court held that the trial court possesses the jurisdiction to determine probable value when a sale price appears inflated, that defendants have no vested right to notice or participation in this summary inquiry, and that courts lack jurisdiction to order additional deposits or review Zar-e-Soem after the expiration of the statutory thirty-day period. The petition was dismissed as unmaintainable.

  Questions settled

  • Does a court have the jurisdiction under the Punjab Pre-emption Act 1991 to determine the probable value of a property when the sale price mentioned in the sale-deed appears to be inflated?
  • Do defendants have a vested right to notice and a formal hearing during the preliminary and summary inquiry for determining the probable value of property in a pre-emption suit?
  • Can a court order the deposit of an additional amount of Zar-e-Soem or review the probable value after the expiration of the statutory period of thirty days from the filing of the suit?
  • Is an application seeking the refixation of probable value and Zar-e-Soem maintainable as a review under the Code of Civil Procedure 1908 after the statutory deadline has passed?
  Read full judgment →
• Mst. Parveen Akhtar and another vs Muhahmmad Sattar2006 PLJ Lahore 1265 · Lahore High Court · 2006-03-22Read full judgment →
• Mst. Parsan Bibi And Another vs Mst. Razia Bibi And 10 Other2006 CLC 1893 · Lahore High Court · 2006-05-31
  Muhammadan Lawgiftpower of attorneyalienation of propertycivil revisionmutation
  Summary & questions settled

  This civil revision petition concerns the validity of a gift of property made by an attorney on behalf of a donor. The dispute arose after the death of the original owner, Hayat Muhammad, whose son-in-law, acting as his general attorney, gifted the property to his wife (the donor's daughter). The petitioners, heirs of the deceased, challenged the gift, arguing that under Muhammadan Law, a gift cannot be executed by an attorney. The trial court and the appellate court had upheld the gift. Upon review, the High Court addressed the core legal question of whether a gift can be validly executed by an attorney on behalf of a donor. The Court held that, under Muhammadan Law, a donor must personally make the gift; an attorney may only facilitate the steps for the conferment of rights but cannot execute the gift itself. Consequently, the Court set aside the lower courts' judgments, declaring the mutation invalid and decreeing the suit in favor of the petitioners, establishing the principle that the power to gift is personal to the donor.

  Questions settled

  • Can a valid gift under Muhammadan Law be executed by an attorney on behalf of a donor?
  • What is the permissible scope of an attorney's authority regarding the gifting of a principal's property?
  • Can a legal point regarding the validity of a gift be raised for the first time in revision proceedings?
  Read full judgment →
• Mst. Nusrat Malik Saleem vs Federation of Pakistan through Secretary 1112006 CLD 874 · Lahore High Court · 2006-04-18
  constitutional petitionliquidated damagesinsurance claimlate settlementWafaqi MohtasibInsurance Ordinance
  Summary & questions settled

  This matter involves two constitutional petitions seeking payment of liquidated damages for the delayed payment of insurance death claims under section 118 of the Insurance Ordinance, 2000. The core legal question is whether the insurance corporation is liable to pay liquidated damages when death claims are paid after prolonged litigation following initial repudiation and intervention by the Wafaqi Mohtasib and the President of Pakistan. The Lahore High Court held that the petitioners are entitled to liquidated damages because the insurer failed to prove that the delay in settling the claims was due to circumstances beyond its control. The key principle laid down is that under section 118 of the Insurance Ordinance, 2000, an insurer is statutorily bound to pay liquidated damages for late settlement of insurance claims unless it establishes that the delay fell within the narrow exception of being caused by circumstances beyond its control.

  Questions settled

  • Is an insurer liable to pay liquidated damages for late settlement of an insurance claim under section 118 of the Insurance Ordinance, 2000?
  • Does forcing a claimant into litigation to secure a death claim absolve the insurer from paying liquidated damages for delayed payment?
  • What constitutes a valid exception under section 118 of the Insurance Ordinance, 2000 to avoid the payment of liquidated damages?
  Read full judgment →
• Mst. Nusrat Malik Saleem vs Federation Of Pakistan And Others2006 P.C.T.L.R. 686 · Lahore High Court · 2006-04-18Read full judgment →
• Mst. Nusrai Malik Saleem vs Federation of Pakistan through Secretary2006 PLJ Lahore 1309 · Lahore High Court · 2006-04-18Read full judgment →
• Mst. Noreen Iqbal vs Sohail Iqbal and others2006 PLJ Lahore 29 · Lahore High Court · 2005-04-18Read full judgment →
• Mst. Nooran Mai and anothers vs Ahmad Bukhsh and 3 otherss2006 YLR 1039 · Lahore High Court · 2004-11-22Read full judgment →
• Mst. Noor Jehan and anothers vs The State2006 YLR 2170 · Lahore High Court · 2006-05-05
  circumstantial evidenceextra-judicial confessionjoint confessionbenefit of doubtmurderchain of evidenceacquittal
  Summary & questions settled

  This matter involves criminal appeals and revisions arising from a judgment of the Additional Sessions Judge convicting the appellants under Section 302(b)/34 of the Pakistan Penal Code 1860 for murder and sentencing them to life imprisonment. The core legal questions concern the reliability and admissibility of joint extra-judicial confessions, the evidentiary value of circumstantial evidence, and the requirement of an unbroken chain of evidence. The Lahore High Court held that the prosecution failed to prove its case beyond a reasonable doubt, as the joint extra-judicial confession was weak and inadmissible, recoveries of weapons and footprints were uncorroborated, and co-accused facing the same evidence had already been acquitted. The ratio established is that in cases based solely on circumstantial evidence, every link in the chain must be fully established and incompatible with the innocence of the accused, and a joint extra-judicial confession is a weak piece of evidence that cannot sustain a conviction without strong corroboration.

  Questions settled

  • Whether a joint extra-judicial confession can be used as a basis for conviction without strong corroboration?
  • Is a conviction sustainable on circumstantial evidence when links in the chain of evidence are missing?
  • Can co-accused be convicted on the same set of evidence upon which other co-accused have already been acquitted?
  Read full judgment →
• Mst. Noor Jehan And Another vs The StateK.L.R. 2006 Criminal Cases 349 · Lahore High Court · 2006-05-05
  circumstantial evidencejoint extra-judicial confessionbenefit of doubtmurder trialappellants acquittalchain of circumstances
  Summary & questions settled

  This criminal appeal and revision arise from a judgment of the Additional Sessions Judge convicting the appellants under Section 302(b)/34 of the Pakistan Penal Code 1860 and sentencing them to life imprisonment, alongside the acquittal of three co-accused. The core legal question involves determining whether a conviction based entirely on circumstantial evidence—specifically a joint extra-judicial confession, disputed recoveries, and footprint evidence—can be sustained when co-accused on identical evidence have been acquitted and key links in the chain of circumstances are missing. The Lahore High Court held that the prosecution failed to prove its case beyond reasonable doubt, ruling that joint extra-judicial confessions are weak, easily procured, and inadmissible against the makers under such circumstances, and that unverified recoveries and broken links in circumstantial evidence mandate acquittal. The court laid down the principle that in cases resting purely on circumstantial evidence, every link in the chain must be conclusively connected to the accused, and where co-accused facing the same evidence are acquitted, identical evidence cannot safely be used to convict remaining accused.

  Questions settled

  • Can a conviction be sustained on a joint extra-judicial confession when co-accused tried on the same evidence have already been acquitted?
  • Whether a joint extra-judicial confession made before persons who are not close confidants can form the sole basis of a capital conviction?
  • What is the evidentiary value of unverified foot molds and uncorroborated recoveries in a case resting entirely on circumstantial evidence?
  • Does the failure of the prosecution to link every single circumstance in a continuous chain leading to the accused warrant an acquittal?
  Read full judgment →
• Mst. Noor Jahan and another vs StatePLJ 2006 Cr.C. (Lahore) 766 · Lahore High Court · 2006-05-05
  circumstantial evidenceextra-judicial confessionjoint confessionbenefit of the doubtmurderchain of circumstancescriminal appeal
  Summary & questions settled

  This criminal appeal and revision arise from a judgment of the Additional Sessions Judge-II, Bhakkar, convicting the appellants under Section 302(b)/34 of the Pakistan Penal Code 1860 and sentencing them to life imprisonment. The core legal questions involve the evaluation of circumstantial evidence, the admissibility and reliability of a joint extra-judicial confession, and the evidentiary value of disputed recoveries in a murder case resting entirely on circumstantial evidence. The Lahore High Court held that a joint extra-judicial confession made to witnesses whose conduct appears unnatural and lacking corroboration is a weak type of evidence that cannot form the basis of a conviction, and that broken chains in circumstantial evidence require extending the benefit of the doubt to the accused. The court laid down the principle that in cases resting solely on circumstantial evidence, the proved circumstances must form an unbroken continuous chain incompatible with any reasonable hypothesis of the innocence of the accused, and that joint extra-judicial confessions must be viewed with utmost caution and require strict corroboration.

  Questions settled

  • Can a joint extra-judicial confession be used as a sole basis for conviction without independent corroboration?
  • What is the evidentiary value of an extra-judicial confession made to witnesses whose conduct is unnatural?
  • How must the links in a chain of circumstantial evidence be established to sustain a conviction in a murder trial?
  • Does the acquittal of co-accused on the same set of evidence weaken the prosecution's case against remaining appellants?
  Read full judgment →
• Mst. Neelam Ladhani vs District Police Officer, Multan and 7 otherss2006 YLR 3055 · Lahore High Court · 2006-05-17Read full judgment →
• Mst. Naziran Bibi vs Muhammad Akbar2006 YLR 2476 · Lahore High Court · 2006-04-20
  specific performancediscretionary reliefagreement to sellburden of proofappellate interferencethumb impressions
  Summary & questions settled

  This matter concerns a dispute over the specific performance of an agreement to sell a house. The respondent filed a suit for specific performance based on two alleged agreements, while the petitioner, the owner, contended that the documents were merely receipts for advance rent, not sale agreements. The trial court dismissed the respondent's suit and decreed the petitioner's suit for cancellation of the agreements, finding the respondent's evidence unreliable. The appellate court reversed this decision, primarily because the petitioner failed to seek a comparison of her thumb impressions. The High Court set aside the appellate decree, restoring the trial court's judgment. The Court held that the respondent failed to prove the execution of the agreements, noting that the primary agreement lacked marginal witnesses and the witnesses to the extension agreement were strangers to the petitioner. Furthermore, the Court observed that the circumstances surrounding the payments were consistent with the petitioner's claim of rent receipt. The Court affirmed that specific performance is a discretionary relief, and under the circumstances, it was inequitable to grant it.

  Questions settled

  • Whether an appellate court is justified in reversing a trial court's findings solely due to a party's failure to request a comparison of thumb impressions when the execution of the document itself is disputed?
  • Does the absence of marginal witnesses on an agreement to sell undermine the claim for specific performance?
  • Can a court refuse the discretionary relief of specific performance under Section 22 of the Specific Relief Act 1877 if the underlying agreement appears inequitable or suspicious?
  Read full judgment →
• Mst. Naziran Bibi vs Additional District Judge, Mianwali and 2 others2006 MLD 493 · Lahore High Court · 2006-01-24Read full judgment →
• Mst. Naziran Bibi and 6 others vs Ghulam Rasul and 6 others2006 MLD 193 · Lahore High Court · 2005-03-08Read full judgment →
• Mst. Nazir Begum and 2 others vs Muhammad Tahir and another2006 PLJ Lahore 609 · Lahore High Court · 2005-03-28Read full judgment →
• Mst. Nazir Begum alias Naziran Begum vs Province of Punjab through Collector, Sargodha and 9 otherss2006 YLR 1208 · Lahore High Court · 2004-11-12
  gallantry awards schemeland allotmentwidow remarriagelimited estatecolonization of government landsrevision petition
  Summary & questions settled

  This revision petition arises out of a suit for declaration filed by respondents claiming rights in land measuring 12-1/2 acres allotted to the petitioner under the Gallantry Awards Scheme following the martyrdom of her husband in the 1965 conflict. The plaintiffs argued that the petitioner lost her right to retain the land upon her remarriage under sections 19-A, 20, and 21 of the Colonization of Government Lands (Punjab) Act, 1912, a view adopted by the lower appellate court which set aside the trial court's dismissal of the suit. The core legal question was whether the gallantry land grant terminated or was restricted upon the widow's remarriage under the applicable conditions or statutes. The Lahore High Court held that the lower appellate court relied on irrelevant and inapplicable considerations, such as army pay and allowances regulations and benevolent fund jurisprudence, as the specific Statement of Conditions governing the grant contained no such restriction and the invoked provisions of the Colonization Act were inapplicable. The revision petition was allowed, setting aside the appellate judgment and restoring the trial court's dismissal of the suit.

  Questions settled

  • Does a widow lose her right to land allotted under the Gallantry Awards Scheme upon her remarriage?
  • Are provisions regarding military pay and allowances applicable to determine the nature of a land grant made under the Gallantry Awards Scheme?
  • Do sections 19-A, 20, and 21 of the Colonization of Government Lands (Punjab) Act, 1912 apply to terminate a gallantry award grant upon remarriage?
  Read full judgment →
• Mst. Nazeeran Bibi and 5 otherss vs Additional District Judge, Okara2006 YLR 216 · Lahore High Court · 2005-09-16Read full judgment →
• Mst. Nazeeran alias Najjan vs StatePLJ 2006 Cr.C. (Lahore) 97 · Lahore High Court · 2005-10-26
  post-arrest bailwoman bail exceptionprohibitory clausefurther inquirycommon intention
  Summary & questions settled

  The petitioner sought post-arrest bail in a case registered under Sections 337-L(ii), 337-F(i), and 302/34 of the Pakistan Penal Code 1860 arising from an FIR at Police Station Saddar Burewala. The core legal question was whether a female accused, alleged to have caused simple injuries with a sota during an altercation that led to a homicide committed by a co-accused, is entitled to the concession of bail under the proviso to Section 497 of the Code of Criminal Procedure 1898. The Lahore High Court held that since the petitioner is a woman, was not accused of causing the death of the deceased, and her charged offences do not fall within the prohibitory clause while the applicability of Section 34 of the Pakistan Penal Code 1860 remains to be determined at trial, her case falls within the ambit of further inquiry. The petition was consequently allowed, and the petitioner was directed to be released on bail subject to furnishing surety bonds. The court laid down that the case of a female accused alleged to have committed non-prohibitory offences without causing fatal injuries warrants further inquiry for the purpose of bail.

  Questions settled

  • Whether a female accused is entitled to bail under the proviso to Section 497 of the Code of Criminal Procedure 1898 when charged with offences not falling within the prohibitory clause?
  • Does the mere invocation of Section 34 of the Pakistan Penal Code 1860 disentitle an accused to bail where no fatal injury is attributed to them?
  • Whether a case falls within the ambit of further inquiry under Section 497(2) of the Code of Criminal Procedure 1898 when the tentative assessment of the record shows non-prohibitory offences and questionable applicability of common intention?
  Read full judgment →
• Mst. Naureen Bibi alias Nooran vs The State and 2 otherss2006 P Cr. L J 130 · Lahore High Court · 2005-01-07
  Section 164 statementabductee statementJudicial Magistratewrit petitioncriminal procedure
  Summary & questions settled

  This constitutional petition was filed to challenge the order of the Judicial Magistrate, Vehari, which refused to record the petitioner's statement under Section 164 of the Code of Criminal Procedure 1898 on the ground that it was not made of her free will. The petitioner, who was named as an abductee in an FIR registered under Section 16 of the Offence of Zina (Enforcement of Hudood) Ordinance 1979, had applied to have her statement recorded. The High Court examined whether a witness or an aggrieved person can independently request the recording of their statement under Section 164 of the Code of Criminal Procedure 1898. The Court held that the Judicial Magistrate misinterpreted the statutory provisions and erred in refusing the request. The Court ruled that a statement under Section 164 of the Code of Criminal Procedure 1898 can be recorded not only at the instance of the police but also at the request of the accused, the aggrieved person, or the witness themselves. Consequently, the High Court set aside the impugned order and directed the Magistrate to record the petitioner's statement if she remained willing.

  Questions settled

  • Can a statement under Section 164 of the Code of Criminal Procedure 1898 be recorded at the request of the witness or aggrieved person themselves, or must it only be initiated by the police?
  • Whether a Judicial Magistrate can refuse to record a statement under Section 164 of the Code of Criminal Procedure 1898 solely on the ground that it is not deemed to be in accordance with the person's free will without proper legal justification?
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• Mst. Nasreen vs The State2006 YLR 2775 · Lahore High Court · 2003-06-24
  post-arrest bailfemale accuseddesecration of Holy Quranmental imbalancestatutory concession
  Summary & questions settled

  This matter arises from a post-arrest bail petition filed by Mst. Nasreen seeking pre-trial release in case F.I.R. No. 326 registered under Section 295-B of the Pakistan Penal Code 1860 for allegedly burning pages of the Holy Qur'an. The core legal question involves whether bail should be granted to a female accused charged with a non-bailable offence, keeping in view her mental condition and statutory concessions. The Lahore High Court held that the petitioner was entitled to the concession of bail, noting the defence plea of mental imbalance, the implausibility of a sane Muslim committing such an act without cause, and crucially, that the first proviso to subsection (1) of Section 497 of the Code of Criminal Procedure 1898 mandates bail for female accused persons irrespective of the gravity of the offence. The court laid down that female accused are generally entitled to bail under the statutory proviso of the Code of Criminal Procedure 1898, especially when investigation is complete and no longer required, and where questions regarding mental balance and intent arise.

  Questions settled

  • Whether a female accused can be granted post-arrest bail under the first proviso to subsection (1) of Section 497 of the Code of Criminal Procedure 1898 irrespective of the gravity of the offence?
  • Does an allegation of mental imbalance in a case involving Section 295-B of the Pakistan Penal Code 1860 warrant further inquiry into the guilt of the accused for the purpose of bail?
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• Mst. Nasreen Bibi vs Abdul Waheed and anothers2006 YLR 2934 · Lahore High Court · 2005-05-16
  revision petitionprivate complaintissuance of processdelay in complaintmurdercontradictory stances
  Summary & questions settled

  This revision petition is directed against the order of the Additional Sessions Judge, Depalpur, whereby he dismissed a private complaint and declined to issue process against the respondent accused in a murder case. The core legal question was whether the trial court was justified in refusing to issue process based on an inordinate delay of three and a half years in filing the private complaint and material contradictions in the complainant's versions. The Lahore High Court held that the significant delay, coupled with shifting stances regarding the place of occurrence and the identity of the assailant, demonstrated that the private complaint was an afterthought aimed at protracting the ongoing trial. The petition was accordingly dismissed, establishing that unexplained and considerable delay, along with inconsistent versions, justifies the refusal to issue process on a private criminal complaint.

  Questions settled

  • Whether a trial court is justified in refusing to issue process on a private complaint filed after an inordinate delay of three and a half years?
  • Can a criminal revision petition succeed against an order dismissing a private complaint where the complainant has taken contradictory stances regarding the occurrence?
  • Whether material contradictions in successive versions given by a complainant during investigation and private complaint justify the dismissal of the complaint?
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• Mst. Nasreen Begum and others vs Province of Punjab through District2006 C.L.R. 1338 · Lahore High CourtRead full judgment →
• Mst. Nasreen Begum and 2 others vs Province of Punjab through District2006 MLD 775 · Lahore High Court
  rejection of plaintOrder VII Rule 11inheritance rightsconversion to Hinduismcivil suittrial court proceduredisputed facts
  Summary & questions settled

  This appeal arises from the rejection of a plaint by the trial court under Order VII, Rule 11, Code of Civil Procedure 1908. The appellants filed a suit for declaration regarding the ownership of property, alleging that the respondents had converted to Hinduism and thus lost their inheritance rights, and that a purported gift deed was void. The trial court rejected the plaint, relying on disputed facts and alleged admissions in the written statement. The High Court held that the trial court erred by relying on its own assumptions rather than the contents of the plaint. The Court emphasized that when the allegations in the plaint are denied in the written statement, the matter involves substantial questions of law and fact that require a full trial and the recording of evidence. Consequently, the High Court set aside the trial court's order, restored the suit, and directed the trial court to frame issues and conclude the proceedings within one year, noting that the rejection of a plaint cannot be based on disputed facts that require proof.

  Questions settled

  • Can a trial court reject a plaint under Order VII, Rule 11, Code of Civil Procedure 1908 based on disputed facts that require evidence?
  • Is it permissible for a trial court to rely on assumptions or external documents not yet tendered in evidence when deciding an application for rejection of a plaint?
  • Does a denial of allegations in a written statement necessitate a full trial rather than a summary rejection of the plaint?
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• Mst. Nasim Sharif vs lmtiaz -Ali Khan and 3 others2006 C.L.R. 1837 · Lahore High Court · 2006-04-07Read full judgment →
• Mst. Nasim Sharif vs Imtiaz Ali Khan And 3 Other2006 CLC 1393 · Lahore High Court · 2006-05-02
  dowry articlesFamily Court jurisdictionlegal heirsconstitutional petitionrecovery of dowrysubject-matter jurisdictionboycott of proceedings
  Summary & questions settled

  This constitutional petition challenged an appellate judgment and decree that affirmed a Family Court's decision to decree a suit for the recovery of dowry articles. The core legal question was whether a Family Court possesses the jurisdiction to entertain a suit for the recovery of dowry articles filed by the legal heirs of a deceased wife, rather than the wife herself, and whether alleged violations of the Dowry and Bridal Gifts (Restrictions) Act, 1976, bar such a suit. The Court held that the jurisdiction of a Family Court is determined by the subject-matter of the suit as specified in the Schedule to the Family Courts Act, 1964, rather than the identity of the person instituting the proceedings. Consequently, legal heirs are entitled to maintain such a suit. Furthermore, the Court held that alleged violations of the Dowry and Bridal Gifts (Restrictions) Act, 1976, do not preclude a civil suit for the recovery of dowry articles. The petition was dismissed, as the petitioner failed to substantiate her defense and had voluntarily boycotted the trial proceedings.

  Questions settled

  • Does a Family Court have the jurisdiction to entertain a suit for the recovery of dowry articles filed by the legal heirs of a deceased wife?
  • Is the jurisdiction of a Family Court determined by the subject-matter of the suit or by the identity of the person instituting the proceedings?
  • Does an alleged violation of the Dowry and Bridal Gifts (Restrictions) Act, 1976, bar a suit for the recovery of dowry articles?
  • Can a party who voluntarily boycotts court proceedings and refuses to complete cross-examination later claim that they were denied a full opportunity of hearing?
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• Mst. Nasim Sharif (Widow) vs Imtiaz Ali Khan and 3 others2006 PLJ Lahore 983 · Lahore High Court · 2006-05-02Read full judgment →
• Mst. Naseem Begum and otherss vs S.H.O. and others2006 PLD Lahore 509 · Lahore High Court · 2006-04-20
  quashment of FIRverification of investigationchange of investigationPolice Order 2002criminal investigation
  Summary & questions settled

  This writ petition was filed before the Lahore High Court seeking the quashment of F.I.R. No. 267 of 2005 registered at Police Station Saddar, Gujrat. The core legal question revolved around the lawful scope of 'verification' of investigation by police officers under the Police Order, 2002. The Court held that a verifying officer must confine themselves to checking the existing record of investigation and cannot conduct a fresh investigation, substitute their own conclusions, or direct the submission of a challan. The key principle laid down is that verification of an investigation cannot be given the colour of a fresh investigation or change of investigation, which can only be done strictly in accordance with Article 18(6) of the Police Order, 2002.

  Questions settled

  • What is the lawful scope and limitation of the verification of an investigation by a police officer under the Police Order, 2002?
  • Can a verifying police officer conduct a fresh investigation and direct the local police to submit a challan?
  • What is the proper legal procedure for altering or changing an investigation under the Police Order, 2002?
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• Mst. Naseem Akhtar vs Director-General Immigrationand Passport2006 PLD Lahore 465 · Lahore High Court · 1999-12-21
  official passportgratis passportAzad Jammu and Kashmirconstitutional petitionPassport and Visa Manualsuperior court judges
  Summary & questions settled

  This constitutional petition was filed by the wife of a Judge of the Azad Jammu and Kashmir High Court challenging the refusal of the authorities to issue official or gratis passports to her and her husband. The core legal question was whether the judges of the superior courts of Azad Jammu and Kashmir, their spouses, and dependent children are entitled to receive official or gratis passports from the Government of Pakistan on par with the judges of the superior courts of Pakistan. The Lahore High Court held that subjects and high functionaries of Azad Jammu and Kashmir, including judges of its superior courts, cannot be treated differently from citizens and superior court judges of Pakistan, especially given that Azad Jammu and Kashmir is to be treated like a province for all practical purposes under government policy instructions, and the relevant Passport and Visa Manual does not exclude them. The court declared the refusal without lawful authority and directed the issuance of the passports.

  Questions settled

  • Are judges of the superior courts of Azad Jammu and Kashmir and their families entitled to official or gratis passports from the Government of Pakistan?
  • Does Azad Jammu and Kashmir fall within the territories of Pakistan under Article 1 of the Constitution of Islamic Republic of Pakistan 1973?
  • Whether subjects of Azad Jammu and Kashmir are to be treated like citizens of Pakistan for the issuance of passports under the Passport and Visa Manual 1974?
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• Mst. Najmun Nisa vs Muhammad Sarwar etc.2006 PLJ Lahore 1113 · Lahore High Court · 2006-07-13
  pre-emptionTalb-e-Ishadrevisional jurisdictionex parte ordercontiguityappreciation of evidence
  Summary & questions settled

  This matter concerns a civil revision petition regarding a pre-emption suit. The original revision petition was decided ex parte, resulting in the setting aside of the appellate court's judgment and the restoration of the trial court's decree in favor of the pre-emptor. The applicant sought to set aside this ex parte order, contending that the evidence regarding the performance of 'Talbs' was misread, specifically highlighting alleged discrepancies in the testimony of PW-6, the son of the deceased original plaintiff. The Court examined whether the evidence of the remaining witnesses (PW-3 and PW-5) was sufficient to establish the performance of Talbs under Section 13 of the Punjab Pre-emption Act, 1991, despite the death of the original plaintiff and the informant. The Court held that the testimony of the witnesses present at the time of the notice of 'Talb-e-Ishad' was consistent and reliable, and that the alleged discrepancies in the testimony of the deceased's son were immaterial. The Court affirmed that the superior right of pre-emption was established by evidence of contiguity. Consequently, the Court dismissed the application, upholding its original judgment.

  Questions settled

  • Does the testimony of a witness who was not mentioned in the notice of Talb-e-Ishad or the plaint carry weight when other consistent evidence of the performance of Talbs exists?
  • Can a revision petition be decided on merits after setting aside an ex parte order if the parties agree to a rehearing?
  • Is the testimony of witnesses present at the time of the notice of Talb-e-Ishad sufficient to prove the performance of Talbs when the original plaintiff and the informant are deceased?
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• Mst. Najmun Nisa And 5 Others vs Muhammad Sarwar And Another2006 CLC 1688 · Lahore High Court · 2006-07-13
  pre-emptionTalb-i-Ishhadrevisional jurisdictionex parte orderburden of proofcontiguityappreciation of evidence
  Summary & questions settled

  This matter concerns an application for setting aside an ex parte judgment passed in a revision petition, which had restored the trial court's decree in a pre-emption suit. The core legal question was whether the pre-emptor had strictly complied with the requirements of Talbs under the Punjab Pre-emption Act, 1991, particularly given the death of the original plaintiff and the informant, and alleged discrepancies in the testimony of witnesses. The Court held that the evidence provided by the two witnesses present during the Talb-i-Ishhad was consistent, confidence-inspiring, and sufficient to establish the performance of Talbs, despite minor discrepancies in the testimony of the deceased plaintiff's son, whose presence was not originally pleaded. The Court reaffirmed that while strict compliance with Section 13 of the Punjab Pre-emption Act, 1991 is mandatory, the evidence on record sufficiently established both the performance of Talbs and the superior right of pre-emption based on contiguity. Consequently, the Court dismissed the application, maintaining its original decision to restore the trial court's judgment.

  Questions settled

  • Does the death of the original pre-emptor and the informant during the pendency of a suit preclude the establishment of Talbs if other witnesses are available?
  • Is the testimony of witnesses present at the time of Talb-i-Ishhad sufficient to prove the performance of Talbs even if there are minor discrepancies in the testimony of other witnesses?
  • Can a revision petition be maintained if the pre-emptor has established the superior right of pre-emption through evidence of contiguity?
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• Mst. Najma Bibi vs S.H.O.and otherss2006 YLR 1904 · Lahore High Court · 2005-09-22Read full judgment →
• Mst. Najam-UN-Nisa and 5 others vs Muhammad Sarwar and another2006 MLD 1043 · Lahore High Court · 2004-03-03Read full judgment →
• Mst. Mussarat Bibi vs Shah Muhammad & another2006 PLJ Lahore 39 · Lahore High Court · 2004-12-08Read full judgment →
• Mst. Musarrat Umar Daraz vs Income Tax Appellate Tribunal, Lahore2006 PTD 1743 · Lahore High Court · 2005-12-12
  wealth taxresidential house exemptionspouses exemptionS.R.O. viresNational Assembly approvalstatutory interpretationtax appeal
  Summary & questions settled

  This common judgment disposes of four connected income and wealth tax appeals involving identical questions of law and facts regarding the exemption of a residential house under the Wealth Tax Act, 1963. For the assessment years 1996-97, the court held that under the original section 5(xiv) of the Act, the option for exempting one residential house could be exercised by only either of the spouses, thereby justifying the denial of exemption to an assessee whose husband had already availed of it. However, for the assessment years 1997-98, where the exemption was claimed under a substituted clause introduced by S.R.O. 595(I)/96, the court held that the said S.R.O. lacked the status of law because the Federal Government failed to fulfill the mandatory statutory condition of placing the amendments before the National Assembly as required by section 5(2) of the Act. Consequently, the unamended statutory clause applied without the inter-spouse restriction, rendering the Tribunal's reliance on the S.R.O. illegal. The 1996-97 appeals were dismissed, while the 1997-98 appeals were accepted for re-decision.

  Questions settled

  • Whether under the unamended section 5 of the Wealth Tax Act, 1963, the exemption of one residential house is available to both spouses or restricted to only one of them?
  • Does an S.R.O. amending the Second Schedule of the Wealth Tax Act, 1963 lose its legal effectiveness if it is not placed before the National Assembly pursuant to section 5(2) of the Act?
  • Whether the requirement of placing amendments to the Second Schedule of the Wealth Tax Act, 1963 before the National Assembly is mandatory?
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• Mst. Musarrat Nazar vs S.H.O. Police Station Rohilanwali and another2006 MLD 1734 · Lahore High Court · 2005-09-20Read full judgment →
• Mst. Munira Rafique Anwar (deceased) through L.Rs, etc. vs Khalid Javed2006 PLJ Lahore 252 · Lahore High CourtRead full judgment →
• Mst. Munazza Saleem vs The State2006 MLD 1645 · Lahore High Court · 2006-06-19
  post-arrest bailmurderdomestic violencebail for female accusedjudicial discretion
  Summary & questions settled

  This criminal petition arises out of an order passed by the Additional Sessions Judge, Lahore, declining post-arrest bail to the petitioner, Mst. Munazza Saleem, who was implicated along with other co-accused in an F.I.R. registered under sections 302 and 34 of the Pakistan Penal Code for the alleged murder of her daughter-in-law through throttling and domestic violence. The core legal questions before the Lahore High Court were whether the petitioner made out a case for further inquiry, and whether a female accused is entitled to bail as of right under the first proviso to section 497(1) of the Code of Criminal Procedure. The Court held that the petitioner was prima facie connected to the commission of the offence based on the investigation and material on record, and reiterated that bail to a female accused under the first proviso to section 497(1) is a matter of judicial discretion and not an absolute right. The petition was accordingly dismissed.

  Questions settled

  • Whether a female accused is entitled to the grant of bail as of right under the first proviso to section 497(1) of the Code of Criminal Procedure 1898?
  • Can bail be granted to an accused charged with an offence carrying capital punishment when the investigation prima facie connects her to the crime?
  • To what extent can a court conduct a deeper appreciation of the material available on the record while deciding a post-arrest bail application?
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• Mst. Munawar Khanum vs Messrs Habib Bank Limited and 3 others2006 CLD 1508 · Lahore High Court · 2006-06-28Read full judgment →
• Mst. Mumtaz Begum vs Commissioner of Wealth Tax2006 PTD 114 · Lahore High Court · 2005-03-08
  wealth taxgross annual rental valuevaluation of propertyreferable jurisdictionrectification of ordernotional value
  Summary & questions settled

  This appeal was filed under section 27 of the Wealth Tax Act, 1963, challenging an order of the Income Tax Appellate Tribunal regarding the valuation of a building for wealth tax purposes. The core legal questions concerned whether the Tribunal correctly applied Rule 8(3) of the Wealth Tax Rules, 1963, by using actual gross rent without deductions for repairs, whether the valuation method for the residential upper portion was appropriate, and whether the Tribunal erred in presuming that certain grounds of appeal were not pressed. The Court held that the appeal raised no substantial questions of law arising from the Tribunal's order. It reaffirmed that the 'Gross Annual Rental Value' (GARV) under Rule 8(3) is a notional value based on what a property might reasonably be expected to let for, rather than requiring actual rental income. Consequently, the Court found no grounds for interference, noting that issues regarding deductions were not raised before the Tribunal and that the proper remedy for alleged factual inaccuracies in the Tribunal's order was an application for rectification, not an appeal.

  Questions settled

  • Does the application of Rule 8(3) of the Wealth Tax Rules, 1963, require a property to be actually let out?
  • Is the Gross Annual Rental Value under the Wealth Tax Rules, 1963, a notional value or based on actual rental income?
  • Can an appellate court in referable jurisdiction consider issues not raised before the Tribunal?
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• Mst. Mumtaz Begum And Other vs Maqsood Ahmad And OtherK.L.R. 2006 Civil Cases 70 · Lahore High Court · 2005-06-13Read full judgment →
• Mst. Mukhtaran Mai vs Amanat Ali2006 YLR 652 · Lahore High Court · 2005-11-21Read full judgment →
• Mst. Mehrunnisa vs Muhammad Rasheed Khan2006 MLD 1963 · Lahore High Court · 2005-10-19
  specific performanceagreement to sellsale considerationmarginal witnessdiscretionary reliefcivil revision
  Summary & questions settled

  This civil petition arises from a suit for specific performance of an agreement to sell filed by the respondent-plaintiff against his sister, the petitioner-defendant, concerning inherited land measuring 15 kanals. The core legal question was whether the respondent successfully proved the execution of the agreement to sell and the payment of consideration, thereby entitling him to the discretionary relief of specific performance. The Lahore High Court held that the respondent failed to prove the execution of the agreement due to the non-production of a marginal witness and further established through his own witness that no consideration was paid. The Court laid down the principle that failure to prove execution and non-payment of sale consideration disentitles a plaintiff to the equitable and discretionary relief of specific performance, and that an appellate court's reversal of a trial court judgment on extraneous considerations without addressing the core reasoning is legally unsustainable.

  Questions settled

  • Whether the non-production of a marginal witness affects the proof of an agreement to sell?
  • Is a plaintiff entitled to specific performance of a contract when the sale consideration has not been paid?
  • Can an appellate court reverse a trial court's finding without addressing its reasoning and on extraneous considerations?
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