Latest Judgments

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

• Abdul Saeed Khan vs Secretary Education, Government of the Punjab, Civil Secretariat, Lahore and 4 others2003 PLC (C.S.) 1468 · Lahore High Court · 2003-06-13
  promotiondeferment of promotionuncommunicated adverse remarksACRpending criminal casedepartmental inquirycivil servant
  Summary & questions settled

  The petitioner challenged his deferment for promotion from BS-16 to BS-17 as an S.S.T. by the education department. The core legal questions involved whether uncommunicated adverse remarks in an A.C.R. can be used to defer promotion, whether promotion can be withheld during the pendency of a criminal case or departmental inquiry, and the effect of the Punjab Removal from Service (Special Powers) Ordinance, 2000 on pending inquiries under the Punjab Civil Servants (Efficiency and Discipline) Rules, 1999. The Lahore High Court held that uncommunicated adverse remarks cannot be considered for deferring promotion, but the competent authority has the discretion under applicable government instructions and Section 23(2) of the Punjab Civil Servants Act, 1974 to postpone promotion during the pendency of criminal cases or departmental proceedings. Furthermore, pending proceedings are saved under Section 13 of the Punjab Removal from Service (Special Powers) Ordinance, 2000. Consequently, the petition was dismissed.

  Questions settled

  • Can uncommunicated adverse remarks be considered against a civil servant for deferring promotion?
  • Whether the competent authority has the power to postpone promotion during the pendency of a criminal case or departmental inquiry?
  • Do general government instructions regarding the deferment of promotion have the force of rules under the Punjab Civil Servants Act, 1974?
  • Are pending inquiry proceedings under the Punjab Civil Servants (Efficiency and Discipline) Rules, 1999 saved under the Punjab Removal from Service (Special Powers) Ordinance, 2000?
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• Abdul Rehman,alias Pillu vs The State2004 P C R L J 1745 · Lahore High Court · 2003-07-07Read full judgment →
• Abdul Rehman vs The State2004 YLR 778 · Lahore High Court · 2003-06-17
  Qatl-i-Amdmitigating circumstancescommutation of sentenceheat of the momentdeath sentencecriminal appeal
  Summary & questions settled

  This criminal appeal challenges the conviction and death sentence of the appellant for the murder of his cousin, arising from a dispute over the refusal of a female relative to wash the appellant's clothes. The core legal question was whether the prosecution established the requirements for Qatl-i-Amd liable to Qisas under Section 302(a) of the Pakistan Penal Code 1860, and whether the circumstances surrounding the incident—specifically the heat of the moment and the absence of premeditation—warranted a lesser sentence. The Court held that while the appellant's guilt was proven, the evidence did not satisfy the strict requirements for Qatl-i-Amd liable to Qisas. Consequently, the Court converted the conviction to Section 302(b) of the Pakistan Penal Code 1860, citing the existence of mitigating circumstances, specifically that the act was committed in the heat of the moment following an altercation. The principle laid down is that where a single fatal shot is fired during a sudden altercation without prior intent, and the evidentiary threshold for Qisas is not met, the sentence of death may be commuted to life imprisonment.

  Questions settled

  • Can a conviction under Section 302(a) of the Pakistan Penal Code 1860 be sustained if the evidence does not meet the requirements for Qatl-i-Amd liable to Qisas?
  • Does a sudden altercation and the firing of a single shot in the heat of the moment constitute a mitigating circumstance for sentencing in a murder case?
  • Is a death sentence mandatory in a case of murder where the act was committed without premeditation during a sudden quarrel?
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• Abdul Rehman and others vs Allah Ditta2003 CLC 1353 · Lahore High Court · 2002-10-15Read full judgment →
• Abdul Rehman and 4 others vs The State2004 P C R L J 244 · Lahore High Court · 2003-10-13
  pre-arrest bailfurther inquirydischarge of co-accusedcriminal procedurebail confirmation
  Summary & questions settled

  This matter comes before the Lahore High Court through criminal miscellaneous petitions seeking pre-arrest bail in respect of F.I.R. No. 136 dated 7-9-2003 registered under sections 379, 440, 148, and 149 of the Pakistan Penal Code at Police Station Sarwar Shaheed, District Muzaffargarh. The core legal question concerns whether the petitioners are entitled to confirmation of pre-arrest bail considering the tentative assessment of ownership of the property in dispute, the discharge of a co-accused by the Area Magistrate, and the fact that the petitioners have joined the investigation. The Court held that the case calls for further inquiry into the guilt of the petitioners regarding the ownership of the property, especially since the main accused was discharged with observations favoring the defense's stance. Consequently, the Court confirmed the pre-arrest bail already granted to the petitioners, subject to their continued cooperation with the investigation. The key principle laid down is that where the ownership of the property forming the subject matter of the dispute is questionable and requires further inquiry, and the accused have joined the investigation, pre-arrest bail is rightly confirmed.

  Questions settled

  • Whether pre-arrest bail can be confirmed when the ownership of the property in dispute requires further inquiry?
  • Does the discharge of a main accused by the Area Magistrate impact the case of co-accused seeking pre-arrest bail?
  • Is joining the investigation a relevant ground for the confirmation of pre-arrest bail?
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• Abdul Rehman alias Rehmi and another vs The State2004 P C R L J 1833 · Lahore High Court · 2003-07-16
  post-arrest bailabductionhudood ordinancefurther inquirystatement under section 164
  Summary & questions settled

  This is a criminal petition seeking post-arrest bail in a case registered under Section 11 of the Offence of Zina (Enforcement of Hudood) Ordinance 1979 and Section 380 of the Pakistan Penal Code 1860. The prosecution alleged that the petitioners, along with others, abducted the complainant's daughter and stole valuables. The core legal question was whether the petitioners were entitled to post-arrest bail given the circumstances of the alleged abduction and the statements of the alleged abductee. The court held that the case fell within the scope of further inquiry under Section 497(2) of the Code of Criminal Procedure 1898, as the alleged abductee appeared in court, confirmed her free-will marriage to the co-accused prior to the incident, and denied any abduction or theft in her statements under Section 164 of the Code of Criminal Procedure 1898 and previous writ proceedings. The key principle laid down is that where the alleged victim denies the abduction and supports the defense through statements and prior judicial proceedings, the accused's case falls for further inquiry, warranting the grant of post-arrest bail.

  Questions settled

  • Whether an accused is entitled to post-arrest bail when the alleged abductee denies the abduction in her statement under section 164 of the Code of Criminal Procedure 1898?
  • Does a valid marriage prior to the alleged incident of abduction constitute a ground for further inquiry into the guilt of the petitioners under section 497(2) of the Code of Criminal Procedure 1898?
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• Abdul Razzaq vs The State2004 PLD Lahore 480 · Lahore High Court · 2004-04-05
  post-arrest bailfurther inquiryItlaf-i-UdwArshTa'zirdelay in FIRQisas
  Summary & questions settled

  The petitioner sought post-arrest bail in a case involving allegations of causing injury, specifically Itlaf-i-Udw, and robbery. The core legal question was whether the petitioner was entitled to bail given that the alleged offence, while potentially punishable by imprisonment up to ten years as Ta'zir, also involved provisions for Qisas and Arsh, and considering the evidentiary gaps. The Court held that the case against the petitioner constituted a matter of further inquiry under Section 497(2) of the Code of Criminal Procedure 1898. The Court noted the three-month delay in lodging the F.I.R., the lack of incriminating recoveries from the petitioner, and the existence of a prior altercation between the parties. The key principle laid down is that in cases involving offences punishable by Qisas, Arsh, or Ta'zir, where evidence is deficient or the culpability requires further investigation, the accused is entitled to the concession of bail, particularly when the primary punishment is financial (Arsh/Diyat) rather than mandatory incarceration.

  Questions settled

  • Does a case involving offences punishable by Qisas, Arsh, or Ta'zir automatically preclude the grant of bail?
  • Is an unexplained delay in lodging an F.I.R. a valid ground for considering a case as one of further inquiry under Section 497(2) of the Code of Criminal Procedure 1898?
  • Can bail be granted in cases of Itlaf-i-Udw where the primary punishment is payment of Arsh?
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• Abdul Razzaq vs StatePLJ 2004 Cr.C. (Lahore) 452 · Lahore High Court · 2004-04-05
  post-arrest bailfurther inquirydelay in FIRitlaf-i-udwprohibitory clausearshta'zir
  Summary & questions settled

  Abdul Razzaq filed a petition seeking post-arrest bail in a case registered under Sections 336, 382, 337-F, and 148/149 of the Pakistan Penal Code 1860, relating to an incident where the complainant sustained an eye injury and alleged robbery. The core legal question was whether the petitioner was entitled to bail given the nature of the injuries and the applicability of the prohibitory clause of Section 497 of the Code of Criminal Procedure 1898. The Lahore High Court held that the petitioner's case fell within the scope of further inquiry under Section 497(2) of the Code of Criminal Procedure 1898, considering the three-month unexplained delay in lodging the FIR, lack of recoveries, and the circumstances surrounding the altercation. The Court laid down the principle that where the primary punishment awardable is Arsh and imprisonment as ta'zir is discretionary, coupled with evidentiary gaps and delay in registration of the FIR, the case becomes one of further inquiry, warranting the grant of post-arrest bail.

  Questions settled

  • Whether unexplained delay in lodging the FIR makes a case one of further inquiry for the grant of bail?
  • Does an offence punishable primarily with Arsh and discretionary imprisonment as ta'zir bar the grant of bail under the prohibitory clause?
  • When can a case be considered one of further inquiry under Section 497(2) of the Code of Criminal Procedure 1898?
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• Abdul Rauf through General Attorney vs Abdul Aziz through his Legal Heirs2003 CLC 259 · Lahore High Court · 2002-07-24Read full judgment →
• Abdul Rauf Butt vs The State through S.H.O. Police Station, Margalla2004 YLR 3012 · Lahore High Court · 2004-06-11Read full judgment →
• Abdul Rashid vs Water and Power Development Authority (WAPDA)2003 CLC 471 · Lahore High Court · 2002-08-28
  bearer bondsduplicate bondspublic policycontractual conditionsconstitutional petitionproperty rightsunconscionable contract
  Summary & questions settled

  The petitioner filed a constitutional petition challenging the refusal of the Water and Power Development Authority (WAPDA) to issue duplicate bearer bonds after the originals were lost. The core legal question was whether the clause in the bond brochure prohibiting the issuance of duplicates for lost bearer bonds was statutory, enforceable, and consistent with public policy and constitutional protections. The Court held that the regulations and clauses in the brochure were non-statutory and merely contractual conditions. It determined that the clause prohibiting the issuance of duplicates was onerous, inequitable, and contrary to public policy, as it effectively rewarded criminal activity and deprived the rightful owner of property without legal authority, violating Article 24(1) of the Constitution of Pakistan 1973. The Court established that a contractual condition that is unconscionable and against public policy is void and unenforceable. Consequently, the Court declared the refusal to issue duplicates to be without lawful authority and directed WAPDA to issue fresh bonds upon the petitioner providing an indemnity bond to protect against potential future claims.

  Questions settled

  • Whether a clause in a bond brochure prohibiting the issuance of duplicates for lost bearer bonds is statutory in nature?
  • Is a contractual clause that denies the issuance of duplicate bonds upon loss void as being opposed to public policy?
  • Does the refusal to issue duplicate bonds for lost bearer bonds violate the constitutional protection against the deprivation of property?
  • Can a court enforce a contractual condition that is found to be unconscionable and inequitable?
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• Abdul Rashid Khan vs Vice-Chancellor, Bahauddin Zakaria University2004 PLC (C.S.) 815 · Lahore High Court · 2003-07-17
  writ jurisdictionstatutory powerdelegation of authorityrevision petitionmaster and servantuniversity employeeadministrative law
  Summary & questions settled

  The petitioner, a Litigation Assistant at Bahauddin Zakaria University, challenged his non-selection for the post of Administrative Officer and the rejection of his revision petition filed under Section 11-A of the Bahauddin Zakaria University Act, 1975. The respondent raised a preliminary objection regarding the maintainability of the writ petition, arguing that the University's employees are governed by the principle of master and servant rather than statutory rules, thereby precluding constitutional jurisdiction. The Court addressed the specific issue of the legality of the order dated 23-5-1996, whereby an Assistant Registrar rejected the petitioner's revision petition. The Court held that the power of revision vested in the Chancellor under Section 11-A of the Bahauddin Zakaria University Act, 1975 is a statutory power that cannot be delegated to or exercised by subordinate officers like the Registrar or Assistant Registrar. Consequently, the Court declared the order rejecting the revision illegal and without lawful authority, directing that the revision petition be deemed pending before the Chancellor for disposal in accordance with the law.

  Questions settled

  • Can the power of revision vested in the Chancellor under the Bahauddin Zakaria University Act, 1975 be exercised by a subordinate officer like the Registrar or Assistant Registrar?
  • Is an order passed by a subordinate officer on behalf of the Chancellor, regarding a statutory revision petition, legally valid?
  • Does the High Court have the authority to declare an order passed by a university official illegal when it usurps the statutory powers of the Chancellor?
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• Abdul Rashid and others vs Govt. of Punjab and others2004 C.L.R. 1031 · Lahore High Court · 2004-02-12Read full judgment →
• Abdul Rashid and others vs Government of Punjab and others2004 YLR 2808 · Lahore High Court · 2004-02-12Read full judgment →
• Abdul Rashid And Other vs Sajjad Amjad And OtherK.L.R. 2004 Revenue Cases 177 · Lahore High Court · 2004-05-31Read full judgment →
• Abdul Rasheed vs The State and others2004 P C R L J 652 · Lahore High Court · 2002-01-18Read full judgment →
• Abdul Rasheed Janjua vs State and 2 othersPLJ 2004 Cr.C. (Lahore) 164 · Lahore High Court · 2003-03-11
  restoration of complaintnon-compoundable offencescognizable offencesvoid ab initiocriminal revisiondismissal for default
  Summary & questions settled

  This criminal revision petition challenges an order passed by the Special Judge (Anti-Terrorism) restoring a complaint that had previously been dismissed due to the complainant's absence. The core legal question was whether the trial court acted with jurisdiction in restoring the complaint after an initial order of acquittal, and whether the dismissal of the complaint for non-appearance was legally sustainable given the nature of the offences. The Court held that the initial dismissal of the complaint on the date of the complainant's absence was void ab initio because the offences charged were cognizable and non-compoundable, falling under the second proviso to Section 247 of the Code of Criminal Procedure 1898. Consequently, the Court upheld the trial court's decision to restore the complaint, reasoning that the trial court was duty-bound to correct a manifest legal error once brought to its notice. The key principle laid down is that a complaint involving cognizable and non-compoundable offences cannot be dismissed for the complainant's absence, and any such order is void and must be corrected by the trial court.

  Questions settled

  • Can a complaint involving cognizable and non-compoundable offences be dismissed due to the absence of the complainant?
  • Is an order dismissing a complaint for non-appearance in a case involving non-compoundable offences void ab initio?
  • Does a trial court have the authority to correct a manifest legal error in its own previous order once it is brought to its notice?
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• Abdul Rasheed and anothers vs Bank of Punjab through Branch Manager2004 CLD 800 · Lahore High Court · 2003-02-19
  limitationcondonation of delayspecial lawbanking suitfinancial institutionsfirst appeal
  Summary & questions settled

  This first appeal arises from a judgment and decree passed by the Banking Court, which dismissed the appellants' application for leave to defend and decreed the recovery suit in favor of the respondent bank. The appeal was filed beyond the prescribed period of thirty days, prompting the appellants to file an application for condonation of delay under section 5 of the Limitation Act. The core legal question before the Lahore High Court was whether section 5 of the Limitation Act applies to appeals filed under the Financial Institutions (Recovery of Finances) Ordinance 2001. The Court held that since the Financial Institutions (Recovery of Finances) Ordinance 2001 is a special law prescribing a distinct period of limitation, section 29(2) of the Limitation Act excludes the application of section 5. Consequently, the application for condonation of delay was dismissed as not maintainable, and the appeal itself was dismissed as time-barred. The key principle laid down is that section 5 of the Limitation Act is inapplicable to proceedings under special laws that prescribe their own limitation periods.

  Questions settled

  • Whether section 5 of the Limitation Act is applicable to appeals filed under the Financial Institutions (Recovery of Finances) Ordinance 2001?
  • Does section 29(2) of the Limitation Act bar the application of section 5 when a special law prescribes a different period of limitation?
  • What is the prescribed period of limitation for filing a first appeal against a judgment passed by a Banking Court under the Financial Institutions (Recovery of Finances) Ordinance 2001?
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• Abdul Rasheed and 3 others vs Sajjad Amjad alias Sajjad Ahmed and another2004 MLD 1879 · Lahore High Court · 2004-05-31
  pre-emptiontalb-e-muwathibattalb-e-ishhadcivil revisionappellate jurisdictionrevisional jurisdictionevidence appraisal
  Summary & questions settled

  This civil revision petition challenges an appellate court judgment that reversed a trial court's decision and decreed the respondents' suit for possession through pre-emption. The core legal question was whether the respondents had successfully performed the requisite 'talbs' (Talb-e-Muwathibat and Talb-e-Ishhad) as mandated by the Punjab Pre-emption Act, 1991, to establish their superior pre-emptive right. The petitioners contended that the evidence regarding the performance of these talbs was discrepant and insufficient. The High Court, upon reviewing the evidence, held that the witnesses for the respondents were consistent regarding the time, place, and manner of the talbs. It further ruled that minor discrepancies in testimony, attributable to the passage of time and the witnesses' lack of education, do not invalidate their consistent core averments. The Court affirmed the appellate court's finding, emphasizing that in cases of conflicting judgments, the appellate court's decision should be preferred unless it suffers from illegality or misreading of evidence. Consequently, the Court dismissed the revision petition, finding no grounds for interference under its revisional jurisdiction.

  Questions settled

  • Whether minor discrepancies in the testimony of witnesses regarding the performance of 'talbs' are sufficient to invalidate a claim for pre-emption?
  • In the event of conflicting judgments between a trial court and an appellate court, which judgment should be preferred in the absence of illegality or misreading of evidence?
  • Does the revisional court have the authority to interfere with an appellate judgment that is based on a sound appraisal of evidence?
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• Abdul Raoof vs The State2004 YLR 3088 · Lahore High Court · 2003-06-03Read full judgment →
• Abdul Qayyum vs Raees Wazir Ahmad and others2004 MLD 54 · Lahore High Court · 2002-09-11Read full judgment →
• Abdul Qayyum vs Aziz-Ur-Rehman Shah and another2004 P C R L J 422 · Lahore High Court · 2003-10-01
  appeal against acquittalmaintainabilityspecial judgeanti-corruptioncriminal procedure codespecial lawcomplainant appeal
  Summary & questions settled

  This criminal appeal challenges the judgment of the Special Judge, Anti-Corruption, whereby the respondent was acquitted of charges under section 161 of the Pakistan Penal Code 1860 and section 5/2/47 of the Prevention of Corruption Act. The core legal question was whether an appeal against an acquittal passed by a Special Judge under the Pakistan Criminal Law Amendment Act 1958 is maintainable at the instance of a private complainant. The Lahore High Court held that the appeal is not maintainable, ruling that the Pakistan Criminal Law Amendment Act 1958 is a special statute that overrides the general provisions of the Code of Criminal Procedure 1898. Under section 10(2) of the said Act, an appeal against an acquittal by a Special Judge can only be presented by the Public Prosecutor upon the direction of the appropriate Government, and no right of appeal is provided to a private aggrieved person or complainant.

  Questions settled

  • Whether an appeal against an acquittal passed by a Special Judge under the Pakistan Criminal Law Amendment Act 1958 is maintainable by a private complainant?
  • Does the Pakistan Criminal Law Amendment Act 1958 override the general provisions of the Code of Criminal Procedure 1898 regarding appeals against acquittals?
  • Is the direction of the appropriate Government a condition precedent for filing an appeal against an acquittal rendered by a Special Judge?
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• Abdul Naveed Shakoor vs The State2004 YLR 2699 · Lahore High Court · 2004-04-13
  post-arrest bailmurderpolice investigationinnocence pleaabsconsionocular evidence
  Summary & questions settled

  This is a criminal petition seeking post-arrest bail in a case registered under sections 302, 148, and 149 of the Pakistan Penal Code 1860 for murder. The core legal question is whether the petitioner is entitled to post-arrest bail on the grounds of being declared innocent during police investigation and having no overt act or weapon recovery attributed to him, despite being specifically nominated in a prompt first information report and subsequently absconding. The Lahore High Court dismissed the petition, holding that police opinions declaring an accused innocent are not binding on the court, that the petitioner was specifically nominated with a role in a prompt daylight occurrence supported by eye-witnesses, and that the petitioner had previously absconded and faced proclamation proceedings. The key principle laid down is that the opinion of the investigating officer regarding innocence is not binding on courts when prima facie ocular account implicating the accused exists.

  Questions settled

  • Whether the opinion of an investigating officer declaring an accused innocent is binding on the court during bail adjudication?
  • Does the absence of a weapon recovery and overt act entitle an accused to post-arrest bail when specifically nominated in a prompt FIR?
  • What is the effect of absconsion and subsequent proceedings under the Code of Criminal Procedure 1898 on a post-arrest bail petition?
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• Abdul Nadeem vs StatePLJ 2004 Cr.C. (Lahore) 405 · Lahore High Court · 2003-04-25
  post-arrest baildelayed trialjudicial directionsstatutory groundprolonged incarcerationcriminal procedure
  Summary & questions settled

  This matter concerns a petition for post-arrest bail filed by an accused person facing trial for offenses under Sections 148, 302, 149, and 109 of the Pakistan Penal Code 1860. The core legal question was whether the failure of the trial court to conclude the trial within the six-month timeframe previously directed by the High Court constitutes a sufficient ground for granting bail, notwithstanding the nature of the charges. The Court held that the trial court's failure to comply with specific judicial directions regarding the expeditious conclusion of the trial, coupled with the fact that the accused had been incarcerated for a significant period with little progress in the proceedings, entitled the petitioner to bail. The key principle laid down is that when a superior court issues a specific direction for the conclusion of a trial, the trial court is obligated to take coercive measures to ensure compliance; failure to do so, resulting in prolonged incarceration without trial progress, provides a valid ground for the enlargement of the accused on bail.

  Questions settled

  • Does the failure of a trial court to comply with a High Court's direction to conclude a trial within a specified period constitute a valid ground for granting bail?
  • Can an accused be kept in judicial custody indefinitely due to the slow pace of trial proceedings?
  • Is the trial court obligated to adopt coercive measures to ensure compliance with a superior court's direction for the expeditious conclusion of a trial?
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• Abdul Matloob vs Zarqa Kalsoom and others2003 CLC 1458 · Lahore High Court · 2003-05-13
  family court decreeexecution of decreearrears of land revenuejurisdiction of family courtmoney decreewrit petition
  Summary & questions settled

  This writ petition challenges an order of the executing Court regarding the enforcement of a money decree passed by a Family Court. The petitioner contended that, under Section 13(3) of the West Pakistan Family Courts Act, 1964, such decrees must be recovered solely as arrears of land revenue by a Court established under the Land Revenue Act, 1967, and that the Family Court lacked jurisdiction to execute the decree itself. The core legal question was whether the Family Court is divested of its execution powers by the provisions of Section 13(3). The Lahore High Court dismissed the petition, holding that Section 13(4) of the West Pakistan Family Courts Act, 1964, explicitly empowers the Family Court that passed the decree to execute it. The Court clarified that Section 13(3) provides a discretionary mechanism for recovery as arrears of land revenue only if the Court so directs, but it does not strip the Family Court of its primary jurisdiction to execute its own decrees. Consequently, the Court affirmed that the Family Court retains the authority to execute its judgments.

  Questions settled

  • Does Section 13(3) of the West Pakistan Family Courts Act 1964 mandate that all money decrees must be recovered exclusively as arrears of land revenue?
  • Does a Family Court retain the jurisdiction to execute its own money decrees under the West Pakistan Family Courts Act 1964?
  • Can an appellate court's direction override the statutory jurisdiction granted to a trial court by the West Pakistan Family Courts Act 1964?
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• Abdul Malik and anothers vs Fida Hussain,2003 CLC 1845 · Lahore High Court · 2003-05-06
  pre-emptionurban immovable propertyrepugnancy to Injunctions of Islamrejection of plaintvested rightcivil revision
  Summary & questions settled

  This matter concerns two civil revisions challenging the rejection of plaints in pre-emption suits regarding urban immovable property. The core legal question was whether the petitioners possessed a valid right of pre-emption at the time of the sale, given that the property was located in an urban area and the relevant statutory provision exempting such property from pre-emption had been declared repugnant to the Injunctions of Islam. The Court held that the provision of the Punjab Pre-emption Act, 1991, which exempted urban immovable property from pre-emption, was declared repugnant to the Injunctions of Islam by the Supreme Court, with effect from 31-12-1993. Since the sales in question occurred prior to this date, the property remained exempt from pre-emption at the time of the transactions. The Court affirmed the principle that a pre-emptor must possess a vested superior right of pre-emption on the date of sale, the date of the suit, and the date of the decree. Consequently, as the petitioners lacked the requisite right at the time of sale, the revisions were dismissed.

  Questions settled

  • Does a pre-emptor need to possess a superior right of pre-emption on the date of sale, the date of institution of the suit, and the date of the decree?
  • When does a provision of law declared repugnant to the Injunctions of Islam by the Shariat Appellate Bench cease to have effect?
  • Can a plaint be rejected under Order VII Rule 11 of the Code of Civil Procedure 1908 if the right of pre-emption did not exist at the time of the sale?
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• Abdul Majid vs Allied Bank of Pakistan and 11 others2003 CLD 288 · Lahore High Court · 2002-10-01
  execution proceedingsjudgment-debtorobjection petitiondecretal amountbanking courtattachment of propertyremand
  Summary & questions settled

  This appeal arises from an order of the Banking Court dismissing the appellant's objection petition regarding the attachment of property during execution proceedings for a decretal amount. The core legal question was whether the Banking Court erred in dismissing the objection petition without addressing the statutory requirement for the judgment-debtor to deposit the decretal amount or furnish security. The Lahore High Court held that the Banking Court failed to consider the mandatory provisions of Order XXI, Rule 23-A of the Code of Civil Procedure 1908, which requires a judgment-debtor to deposit the decretal amount or furnish security before an objection petition can be entertained. Consequently, the High Court set aside the impugned order and remanded the matter. The key principle laid down is that a judgment-debtor's objection petition in execution proceedings cannot be entertained or adjudicated upon unless the judgment-debtor complies with the condition precedent of depositing the decretal amount or furnishing security as mandated by law. The Court further directed that if the deposit is made, the objection petition must be decided after providing parties an opportunity to lead evidence.

  Questions settled

  • Can a judgment-debtor's objection petition be entertained in execution proceedings without the deposit of the decretal amount or furnishing of security?
  • Is a Banking Court required to consider the provisions of Order XXI, Rule 23-A of the Code of Civil Procedure 1908 before dismissing an objection petition filed by a judgment-debtor?
  • What is the consequence of a judgment-debtor failing to deposit the decretal amount as a condition for entertaining an objection petition?
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• Abdul Majeed vs Abdul Rehman and another2004 P C R L J 1114 · Lahore High Court · 2004-02-24
  cancellation of bailfresh ground for bailcompetency of bail applicationsuccessive bail applicationsMagistrate jurisdiction
  Summary & questions settled

  This criminal petition seeks the cancellation of bail granted to respondent No. 1 by a Magistrate in a case registered under sections 337-F(i), 337-A(ii), 337-F(ii), and 34 of the Pakistan Penal Code 1860. The core legal question was whether a Magistrate could grant bail to an accused whose previous bail applications had been dismissed by the Magistrate, the Additional Sessions Judge, and subsequently withdrawn from the High Court, based solely on the submission of the challan as a 'fresh ground.' The Court held that the Magistrate's order was unsustainable and illegal because the submission of a challan did not constitute a valid fresh ground for a repeat bail application before the same Magistrate after the High Court had been seized of the matter. The Court set aside the bail order, emphasizing that once a bail application is withdrawn from the High Court, any subsequent application must be filed before the High Court itself, not the Magistrate, unless a genuine, substantial fresh ground exists. The principle established is that a Magistrate cannot entertain a repeat bail application after higher courts have already adjudicated or been seized of the matter, absent a valid, legally recognized fresh ground.

  Questions settled

  • Can a Magistrate grant bail to an accused whose previous bail applications were dismissed by higher courts and withdrawn from the High Court?
  • Does the submission of a challan constitute a valid 'fresh ground' for a repeat bail application before a Magistrate?
  • Where must an accused file a bail application after withdrawing a previous one from the High Court?
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• Abdul Majeed Khan vs Abdul Qadeer2003 CLC 1764 · Lahore High Court · 2003-04-16Read full judgment →
• Abdul Majeed and otherss vs Iftikhar Ahmad and others2004 CLC 1951 · Lahore High Court · 2004-04-23
  temporary injunctioncanal water supplyinterim restorationwatercoursecanal and drainagebalance of conveniencecivil revision
  Summary & questions settled

  This civil revision petition challenges the concurrent orders of the lower courts granting a temporary injunction to restrain the implementation of an order passed by the Divisional Canal Officer under section 68-A of the Canal and Drainage Act 1873, which directed the interim restoration of a dismantled watercourse. The core legal question was whether a civil court could properly grant a temporary injunction to halt an interim restoration order passed by a competent canal authority under section 68-A when the final dispute regarding mutual rights and liabilities remained pending under section 68 of the same Act. The Lahore High Court held that an order under section 68-A is purely interim and temporary in nature, designed to provide immediate relief, and should normally remain intact pending final adjudication by canal authorities. The Court ruled that the lower courts erred in granting the injunction as the balance of convenience lay in favour of restoring the watercourse to prevent irreparable loss to the irrigation of lands, and consequently set aside the impugned appellate order.

  Questions settled

  • Whether an order passed under section 68-A of the Canal and Drainage Act 1873 for the restoration of a dismantled watercourse is of a final or interim nature?
  • Can a civil court issue a temporary injunction to restrain the implementation of an interim restoration order passed by a Divisional Canal Officer under section 68-A of the Canal and Drainage Act 1873?
  • Do proceedings under section 68-A of the Canal and Drainage Act 1873 preclude the final determination of mutual rights and liabilities under section 68?
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• Abdul Majeed and others vs Iftikhar Ahmad and others2004 C.L.R. 1157 · Lahore High Court · 2004-04-23Read full judgment →
• Abdul Majeed and others vs Hussain Bibi and others2004 YLR 2438 · Lahore High Court · 2004-04-15Read full judgment →
• Abdul Latif vs Mst. Parveen and others2004 MLD 1802 · Lahore High Court · 2003-10-14Read full judgment →
• Abdul Khaliq vs Irshad Ullah Khan Sial, Additional District Judge, Lahore and 5 others2003 CLC 169 · Lahore High Court · 2002-05-14
  public streetperpetual injunctionrejection of plaintAdvocate-General sanctionspecial damagemisreading of recordwrit jurisdiction
  Summary & questions settled

  This constitutional petition challenges the concurrent findings of the lower courts, which dismissed an application to reject a plaint filed in a suit concerning a public street. The private respondents had initiated a suit for perpetual injunction, alleging that the petitioner was obstructing a public street. The petitioner argued that because the street was claimed to be public, the suit was barred under Section 91 of the Code of Civil Procedure 1908, as it lacked the requisite sanction of the Advocate-General and failed to allege special damage. The lower courts had erroneously held that the nature of the street required evidence and that the plaintiffs had claimed rights of easement and necessity. The High Court found that the lower courts had misread the record, as the plaint explicitly claimed the street was public and made no allegation of special damage or easement. Consequently, the Court held that the suit was not maintainable without the Advocate-General's sanction. The petition was allowed, the impugned orders were set aside, and the plaint was ordered to be rejected for being barred by law.

  Questions settled

  • Whether a suit regarding a public street is maintainable without the sanction of the Advocate-General under Section 91 of the Code of Civil Procedure 1908?
  • Can a court refuse to reject a plaint when the plaintiff admits the street in dispute is public and fails to allege special damage?
  • Does a claim regarding a public street require the sanction of the Advocate-General even if the plaintiff alleges a right of way?
  Read full judgment →
• Abdul Khaliq And Other vs The StateK.L.R. 2004 Criminal Cases 24 · Lahore High Court · 2001-09-10
  murdercapital punishmentmitigating circumstancesmotiveself-defenceocular testimonycriminal appeal
  Summary & questions settled

  This criminal appeal arises from a judgment of the Trial Court convicting the appellant Abdul Khaliq under Section 302-B of the Pakistan Penal Code 1860 and sentencing him to death, along with a connected murder reference. The prosecution case stemmed from a fatal shooting incident resulting from a prior altercation between the parties, leading to the death of one person and injuries to others. The core legal questions involved the credibility of the ocular account in the face of minor weapon discrepancies, the sustainability of a capital sentence when the origin of the motive remains shrouded in mystery, and the viability of a self-defence plea without injuries on the accused's side. The Lahore High Court held that the prosecution successfully proved its case regarding the appellant's guilt through medical and ocular corroboration, rejecting the unproven plea of self-defence. However, the Court held that because the motive was concealed or shrouded in mystery, the extreme penalty of death was unwarranted. The Court accordingly dismissed the appeal with a modification, reducing the sentence of death to imprisonment for life, adjusting the compensation, and extending the benefit of Section 382-B of the Code of Criminal Procedure 1898. The key principle laid down is that the unexplained or shrouded origin of a motive can serve as a mitigating circumstance warranting the commutation of a death sentence to imprisonment for life.

  Questions settled

  • Can a plea of self-defence be sustained when the accused party has not sustained any injuries during the occurrence?
  • Does an unexplained or shrouded motive serve as a mitigating circumstance to justify the reduction of a death sentence to imprisonment for life?
  • Whether minor discrepancies in the description of the weapon used by the accused are sufficient to discard the entire ocular and medical evidence?
  Read full judgment →
• Abdul Khaliq and 8 others vs Assistant Collector_Notified Officer, Tehsil & District Bhakkar and 11 others2004 PLJ Lahore 1282 · Lahore High CourtRead full judgment →
• Abdul Karim vs Alam Sher and another2004 MLD 1782 · Lahore High Court · 2004-06-30Read full judgment →
• Abdul Karim alias Bannu N vs The State2004 YLR 1822 · Lahore High Court · 2004-02-20
  post-arrest bailfurther inquiryZina-bil-Jabrprohibitory clausedelay in lodging FIRpolice investigation opinion
  Summary & questions settled

  This matter arose from a post-arrest bail application filed by the petitioner, Abdul Karim alias Bannun, in a case registered under sections 18 and 10(3) of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979, and sections 452, 451, and 354 of the Pakistan Penal Code 1860. The primary legal issue was whether the petitioner was entitled to bail under Section 497(2) of the Code of Criminal Procedure 1898 on the ground that the allegation of an attempt to commit Zina-bil-Jabr required further inquiry. The Lahore High Court observed an unexplained 13-day delay in lodging the FIR, absence of resistance marks despite alleged strong resistance, an unmentioned torn shirt in the FIR, and prior enmity between the petitioner and a prosecution witness. Furthermore, investigating police officers had initially found the attempt to commit Zina unsubstantiated and deleted Section 18 before it was subsequently restored. The Court held that while police opinions are not binding, they remain relevant for bail determinations. Concluding that the case called for further inquiry and the remaining penal offences fell outside the prohibitory clause, the Court granted post-arrest bail.

  Questions settled

  • Is the opinion of investigating police officers relevant for the purpose of granting or refusing bail, notwithstanding that it is not binding on the court?
  • Whether an unexplained 13-day delay in reporting an alleged sexual assault coupled with a lack of physical resistance marks makes a case fit for further inquiry under Section 497(2), Code of Criminal Procedure 1898?
  • Do offences under Sections 451 and 452 of the Pakistan Penal Code 1860 attract the prohibitory clause of Section 497 of the Code of Criminal Procedure 1898?
  Read full judgment →
• Abdul Jabbar vs The State2004 P C R L J 1822 · Lahore High Court · 2003-07-15
  suspension of sentencepost-conviction bailappreciation of evidencecriminal appeallife imprisonment
  Summary & questions settled

  This criminal petition was filed by the applicant, Abdul Jabbar, seeking the suspension of his sentence and release on bail pending the disposal of his appeal against a conviction under Section 302(b) of the Pakistan Penal Code 1860. The applicant was sentenced to life imprisonment and ordered to pay compensation under Section 544-A of the Code of Criminal Procedure 1898. The core legal question was whether the applicant was entitled to the suspension of his sentence and bail based on arguments regarding the absence of a weapon, lack of motive, discrepancies in medical evidence, and his initial declaration of innocence by the police. The Court held that because the applicant was specifically attributed an injury to the deceased, his active role in the occurrence was established. The Court determined that the contentions raised required a deeper appreciation of evidence, which is neither permissible nor desirable at the bail stage, as it could prejudice the final outcome of the appeal. Consequently, the Court dismissed the petition, affirming that suspension of sentence is not appropriate when the applicant's role is prima facie connected to the crime.

  Questions settled

  • Is the suspension of a sentence permissible when the applicant has been attributed a specific injury to the deceased?
  • Does the deeper appreciation of evidence fall within the scope of a bail application pending appeal?
  • Can a sentence be suspended based on the argument that the accused was declared innocent by the police during the investigation?
  Read full judgment →
• Abdul Jabbar vs StatePLJ 2004 Cr.C. (Lahore) 316 · Lahore High Court · 2003-12-17
  post-arrest bailcross-versionsuppression of injuriesfurther inquirycriminal liabilitycommon object
  Summary & questions settled

  This is a post-arrest bail application arising from FIR No. 152/2003, involving charges under Sections 302, 148, 149, and 109 of the Pakistan Penal Code 1860. The core legal question was whether the petitioner, who was not alleged to have caused the fatal injury to the deceased but was accused of causing simple injuries to prosecution witnesses, was entitled to bail given the cross-version of the incident where the accused party sustained significant injuries. The court held that the petitioner is entitled to bail. The ratio of the decision rests on the fact that the complainant party suppressed the fact that they were armed and failed to explain the 26 injuries sustained by the accused party, indicating that the complainant party did not present the whole truth. The court established the principle that where the complainant party fails to explain injuries sustained by the accused in a cross-version case, and the petitioner's specific role is limited to causing simple injuries, the case against the petitioner becomes a matter of further inquiry, warranting the grant of bail pending trial.

  Questions settled

  • Does the failure of the complainant to explain injuries sustained by the accused party in a cross-version case entitle the accused to bail?
  • Is a petitioner entitled to bail when the prosecution alleges only simple injuries against them and the case involves a cross-version of aggression?
  • When does a criminal case fall under the category of 'further inquiry' for the purpose of granting bail?
  Read full judgment →
• Abdul Jabbar 1 vs The State2004 YLR 2873 · Lahore High Court · 2003-12-11
  post-arrest bailfurther inquirysuppression of injuriescross versionmurder
  Summary & questions settled

  This is a post-arrest bail application arising from F.I.R. No. 152 of 2003 registered under sections 302, 148, 149, and 109 of the Pakistan Penal Code 1860 at Police Station Shahkot, District Sheikhupura. The core legal question is whether the petitioner is entitled to bail when he is not alleged to have caused any fatal injury to the deceased, is only attributed simple injuries to prosecution witnesses, and both parties sustained injuries during the occurrence with the prosecution allegedly suppressing injuries sustained by the accused side. The court held that since the petitioner did not cause any injury to the deceased, inflicted only simple injuries to witnesses, sustained injuries himself along with co-accused, and the complainant party suppressed injuries on the accused side, the case called for further inquiry. The court admitted the petitioner to post-arrest bail, establishing the principle that suppression of cross-injuries by the prosecution and mutual conflict where the accused sustained substantial injuries while not being attributed the fatal blow warrants further inquiry under Section 497(2) of the Code of Criminal Procedure 1898.

  Questions settled

  • Whether bail should be granted when the accused is not charged with the fatal blow and has only been attributed simple injuries to prosecution witnesses?
  • Does the suppression of injuries sustained by the accused party in the F.I.R. make the case one of further inquiry?
  • Is an accused entitled to bail when both parties sustained injuries in a sudden clash and the question of aggression is to be determined at trial?
  Read full judgment →
• Abdul Haq and another vs The State2004 YLR 730 · Lahore High Court · 2003-06-03
  murderanti-terrorismeyewitness testimonyinjured witnesscriminal appealdeath referenceforensic evidence
  Summary & questions settled

  This judgment disposes of criminal appeals and a murder reference arising from the judgment of the Special Court Anti-Terrorism Court, which convicted and sentenced the appellants under various provisions including sections 302 and 149 of the Pakistan Penal Code 1860. The core legal questions revolved around the credibility of the eyewitness testimony, the veracity of recoveries, and whether the prosecution successfully established the guilt of the accused beyond a reasonable doubt for a mass shooting at a religious gathering. The Lahore High Court held that the eyewitnesses, including an injured eyewitness, remained consistent and reliable, and their testimony was corroborated by medical evidence and positive forensic reports. The court ruled that mere drafting of the complaint by an advocate of a specific community did not vitiate the proceedings. Consequently, the convictions and sentences of death were upheld, while the State appeal seeking separate death sentences under the Anti-Terrorism Act 1997 was dismissed.

  Questions settled

  • Whether the fact that a complaint was drafted by an advocate belonging to a specific community renders the F.I.R. and subsequent proceedings invalid?
  • Is the testimony of an injured eyewitness who sustained fire-arm injuries sufficient to corroborate the prosecution's case against the accused?
  • Whether separate sentences of death under the Anti-Terrorism Act 1997 are warranted when the accused are already sentenced to death under section 302/149 of the Pakistan Penal Code 1860 for the same murders?
  • Does a delay of a few days in recording the statement of an injured witness who remained unconscious impair the credibility of his ocular account?
  Read full judgment →
• Abdul Haq and another vs StatePLJ 2004 Cr.C. (Lahore) 427 · Lahore High Court · 2003-06-03
  sectarian terrorismcapital punishmenteyewitness testimonyAnti-Terrorism Actcriminal appealmurder referencecompensation to legal heirs
  Summary & questions settled

  This criminal appeal arises from the judgment of the Anti-Terrorism Court, which convicted the appellants for the murder of eight individuals and the attempted murder of another during a sectarian-motivated attack at a Majlis. The core legal questions concerned the reliability of the eyewitness testimony, the validity of the FIR drafted by a third-party advocate, and whether separate death sentences under the Anti-Terrorism Act, 1997, were necessary when capital punishment had already been awarded under the Pakistan Penal Code, 1860. The Court held that the eyewitness account, corroborated by medical evidence and forensic reports, was credible, and that the FIR's drafting by an advocate did not invalidate the proceedings. The Court upheld the convictions and confirmed the death sentences. Regarding the State's appeal for additional sentences under the Anti-Terrorism Act, 1997, the Court held that separate capital punishment for the same act was not justified where death sentences had already been imposed under the Pakistan Penal Code, 1860. The Court modified the compensation award to be payable per deceased victim.

  Questions settled

  • Does the drafting of an FIR by an advocate on behalf of a complainant invalidate the criminal proceedings?
  • Is an injured eyewitness's testimony sufficient to establish the guilt of the accused in a murder case?
  • Can separate death sentences be awarded under the Anti-Terrorism Act, 1997, when the accused has already been sentenced to death under the Pakistan Penal Code, 1860, for the same act?
  • How should compensation under Section 544-A of the Code of Criminal Procedure 1898 be apportioned among the legal heirs of multiple deceased victims?
  Read full judgment →
• Abdul Hameed vs The State and another2004 P C R L J 216 · Lahore High Court · 2003-09-30
  bail bondattesting witnesssuretyforfeiture of bondcriminal revision
  Summary & questions settled

  This criminal revision petition challenges the initiation of proceedings under section 514 of the Code of Criminal Procedure 1898 against the petitioner, who merely signed as an attesting witness to a bail bond rather than standing as a surety for the accused. The core legal question was whether proceedings under section 514, Cr.P.C. can be initiated against an attesting witness of a surety bond when the accused or surety defaults. The Lahore High Court held that an attesting witness of a bail or surety bond is not responsible for the appearance of the accused and cannot be treated as a surety, meaning no proceedings under section 514, Cr.P.C. can be initiated against such a witness. The court laid down the principle that a person who only attests or witnesses a surety bond assumes no legal obligation or undertaking to produce the accused or the surety, rendering any coercive process or penal proceedings against them under section 514 of the Code of Criminal Procedure 1898 entirely illegal.

  Questions settled

  • Can proceedings under section 514 of the Code of Criminal Procedure 1898 be initiated against an attesting witness to a surety bond?
  • Is a witness who signs a bail bond responsible for the production or appearance of the accused in court?
  • Whether an attesting witness to a surety bond falls within the definition of a surety under the Contract Act 1872?
  Read full judgment →
• Abdul Hameed vs Agricultural Development Bank of Pakistan through Manager2003 CLD 1506 · Lahore High Court
  banking courtexecution of decreeinterim reliefdecretal debtabuse of processmoney recovery
  Summary & questions settled

  This appeal was filed against an order passed by the Banking Court No. II, Gujranwala, which directed the arrest of the appellant, Abdul Hameed, in execution of a money decree obtained by the respondent, Agricultural Development Bank of Pakistan. The core legal question concerned whether the appellant could challenge the execution proceedings on merits after having previously sought time to propose a repayment schedule for the decretal debt and having benefited from interim injunctive relief against arrest. The Court observed that the appellant had failed to provide any repayment plan or maintain contact with his counsel, despite being granted time to do so. Consequently, the Court held that the appellant was abusing the interim relief previously granted. The Court refused to allow the appellant to argue the appeal on merits, noting that the scope of the proceedings had been limited to the repayment schedule. The appeal was dismissed, affirming the principle that a party cannot seek interim relief to delay execution proceedings while simultaneously failing to engage in good faith regarding the discharge of the underlying decretal liability.

  Questions settled

  • Can an appellant seek to argue an appeal on merits after failing to comply with a court-ordered repayment schedule?
  • Does a party forfeit the right to argue an appeal on merits by abusing interim relief granted for the purpose of settling a debt?
  • Is an order for arrest in execution of a money decree sustainable when the judgment debtor fails to propose a repayment timeframe?
  Read full judgment →
• Abdul Hameed through Legal Heirs and others vs Jehan Khan, through Legal Heirs and others2004 MLD 501 · Lahore High Court · 2003-11-06Read full judgment →
• Abdul Hameed and 3 others vs Mst. Nasiban Bibi and 4 others2004 MLD 1677 · Lahore High Court · 2004-05-31Read full judgment →
• Abdul Hafeez vs Govt. of Punjab through the Secretary, Agriculture2004 PLJ Lahore 1011 · Lahore High CourtRead full judgment →
• Abdul Hafeez vs Government of the Punjab through the Secretary, Agriculture Department and 5 others2004 YLR 1751 · Lahore High CourtRead full judgment →
• Abdul Ghani vs Muhammad Hafeez and anothers2004 YLR 2851 · Lahore High Court · 2004-06-23Read full judgment →
• Abdul Ghafoor vs The State2004 YLR 3200 · Lahore High Court · 2003-12-22Read full judgment →
• Abdul Ghafoor alias Ghafoori vs The State2004 YLR 2034 · Lahore High Court · 2003-10-02
  post-arrest bailfurther inquirysupplementary statementsine die adjournmentuntraceable witnessesmurder
  Summary & questions settled

  This is a petition for post-arrest bail arising out of F.I.R. No. 19 registered under sections 302, 34, 393, and 397 of the Pakistan Penal Code 1860 at Police Station Kundai, District Muzaffargarh. The core legal question revolves around whether the petitioner is entitled to post-arrest bail given that he was not named in the initial F.I.R., was subsequently named in a supplementary statement attributing him a Sota rather than a firearm, and the trial has been adjourned sine die due to the unavailability of untraceable prosecution witnesses. The Lahore High Court held that the case against the petitioner falls within the scope of further inquiry under section 497(2) of the Code of Criminal Procedure 1898, and keeping him incarcerated indefinitely serves no useful purpose when the trial conclusion is not in sight. The court thus accepted the petition and admitted the petitioner to post-arrest bail subject to surety bonds.

  Questions settled

  • Whether an accused not named in the initial FIR but subsequently named in a supplementary statement attributing a lesser role is entitled to post-arrest bail?
  • Does the adjournment of a trial sine die due to untraceable witnesses justify the grant of bail on the ground of hardship?
  • Whether contradictions between the initial FIR and a supplementary statement regarding the weapon attributed to an accused make the case one of further inquiry?
  Read full judgment →
• Abdul Ghafar vs The State2004 YLR 2361 · Lahore High Court · 2003-12-05
  post-arrest bailfurther inquirylast seen evidencecommencement of trialpolice investigation reportmurder trial
  Summary & questions settled

  This matter concerns a petition for post-arrest bail in a murder case. The core legal questions were whether the commencement of a trial creates an absolute bar to the grant of bail by superior courts, and whether the petitioners were entitled to bail given the absence of ocular evidence, the lack of incriminating recoveries, and the fact that multiple police investigations had declared them innocent. The Court held that the commencement of a trial does not create an absolute bar to the grant of bail, as Section 497(2) of the Code of Criminal Procedure 1898 explicitly empowers courts to grant bail at any stage of investigation, inquiry, or trial if the case falls within the domain of further inquiry. The Court established that while bail should not ordinarily be granted once a trial has commenced to avoid prejudice, the superior courts retain jurisdiction to grant relief where the prosecution's case rests on weak evidence, such as 'last seen' testimony, and where the accused's involvement remains a matter of further inquiry.

  Questions settled

  • Does the commencement of a trial create an absolute legal bar to the grant of bail by superior courts?
  • Can bail be granted to an accused if multiple police investigations have declared them innocent?
  • Is 'last seen' evidence sufficient to deny bail in a murder case where no ocular evidence exists?
  • Does Section 497(2) of the Code of Criminal Procedure 1898 permit the grant of bail after the trial has commenced?
  Read full judgment →
• Abdul Basit and 3 others vs Bank of Punjab2003 CLD 751 · Lahore High Court · 2002-11-06
  banking suitrecovery of financeleave to appear and defendwaiver of mark-upfresh agreementestoppel
  Summary & questions settled

  This appeal impugns the judgment and decree passed by the Banking Court, whereby a recovery suit filed by the respondent-Bank against the appellants-defendants was decreed for a sum of Rs. 1,683,526.15. The core legal question revolves around whether the respondent-Bank could charge mark-up after the expiry of the finance period and how subsequent correspondence between the parties affected their liabilities. The Lahore High Court held that letters exchanged between the parties constituted a fresh agreement crystallizing the liability and setting out a repayment schedule, which included the waiver of mark-up for a specific period upon compliance with certain terms. The Court found that the bank was bound by the terms of this fresh agreement, including the waiver of mark-up, having accepted an initial payment made pursuant thereto. Consequently, the appeal was partially allowed, and the decretal amount was modified by reducing it to exclude the waived mark-up.

  Questions settled

  • Whether correspondence exchanged between a bank and a customer can constitute a fresh agreement crystallizing liability and modifying repayment terms?
  • Is a bank estopped from denying the existence of an agreement after accepting and appropriating a payment made pursuant to its terms?
  • Whether mark-up waived under a subsequent settlement proposal can be included in the decretal amount by a Banking Court?
  Read full judgment →
• Abdul Aziz and another vs The State2004 P C R L J 275 · Lahore High Court · 2003-09-24
  post-arrest bailbail cancellationabuse of bail concessiontampering with evidenceafterthought report
  Summary & questions settled

  This matter arises from a post-arrest bail application where the petitioners challenged the cancellation of their bail by the Additional Sessions Judge, which had earlier been granted by the Illaqa Magistrate in F.I.R. No. 140 of 2003 under Section 435 of the Pakistan Penal Code 1860. The core legal question is whether the cancellation of bail by the lower appellate court was justified on the grounds of alleged tampering with evidence and threats to witnesses. The Lahore High Court held that the bail cancellation was unjustified because the police diary report regarding threats was dated subsequent to the filing of the bail cancellation application, rendering it an afterthought, and no supporting affidavits from the threatened witnesses were produced. The court laid down the principle that bail already granted cannot be revoked on the basis of fabricated or subsequent afterthought allegations without cogent proof of the abuse of the concession of bail, thereby setting aside the cancellation and restoring the post-arrest bail to the petitioners.

  Questions settled

  • Whether bail once granted can be cancelled on the basis of an afterthought police report?
  • Is an unverified allegation of threats to witnesses sufficient ground for the cancellation of post-arrest bail?
  • Does the misuse of the concession of bail require cogent proof before bail can be withdrawn?
  Read full judgment →
• Abaidullah vs Sessions Judge, Jhang and 2 others2004 P C R L J 1881 · Lahore High Court · 2004-07-01
  juvenile justicedetermination of agemedical boardbirth certificatemurder trial
  Summary & questions settled

  This constitutional petition challenges an order passed by the District and Sessions Judge, Jhang, declaring the respondent accused to be a juvenile (below 18 years of age) under the Juvenile Justice System Ordinance, 2000, in a murder case registered under Section 302 of the Pakistan Penal Code 1860. The core legal question was whether the trial court correctly determined the age of the accused by ignoring a Medical Board report and an uncontroverted birth certificate in favour of a school leaving certificate. The Lahore High Court held that the trial court erred in setting aside the unanimous findings of a Medical Board constituted with the consent of parties—which estimated the accused to be 21/22 years old—and the official birth certificate indicating the date of birth as 21-6-1983. The petition is allowed and the impugned order is set aside, declaring the accused to be above 18 years of age.

  Questions settled

  • Whether a trial court can ignore the unanimous report of a Medical Board and an official birth certificate while determining the age of an accused under the Juvenile Justice System Ordinance, 2000?
  • Can an accused be declared a juvenile when medical evidence and birth registration records establish his age to be above 18 years at the time of the occurrence?
  Read full judgment →
• Aamer Mushtaq Dar vs WAPDA through Chairman, and 4 others2004 YLR 2824 · Lahore High Court · 2004-05-31Read full judgment →
• Aalia Khattak And Others vs M.C.B.2004 P.C.T.L.R. 1523 · Lahore High Court · 2004-07-27Read full judgment →
• Aaa Steel Mills Limited through Proprietor Mrs. Shaista Kausar vs Collector of Sales Tax and Central Excise,2004 PTD 624 · Lahore High Court · 2003-11-05
  sales taxinadmissible input taxshow-cause noticeexecutive assessmentadjudication proceedingsconstitutional petitionsales tax returns
  Summary & questions settled

  This constitutional petition challenged a show-cause notice and order-in-original issued by the Collector of Sales Tax and Central Excise, whereby the petitioner's sales tax returns were declared wrong, input tax was held inadmissible, and additional tax and penalties were imposed under the Sales Tax Act, 1990. The core legal question was whether the Collector on the executive side could adjudicate and pass an order in a case requiring scrutiny of records and audit rather than a summary assessment based on the face of the returns. The Lahore High Court held that the impugned order passed by the Collector on the executive side was illegal and without jurisdiction, as cases involving audit and scrutiny of accounts fall under adjudication proceedings handled by the Collector (Adjudication) pursuant to section 45 of the Sales Tax Act, 1990, and relevant notifications, rather than summary assessment proceedings under section 11. The key principle laid down is that executive assessments under section 11 are restricted to defaults discernible on the face of returns, whereas matters requiring evidence, scrutiny, and audit necessitate proper adjudication proceedings.

  Questions settled

  • Can a Collector on the executive side pass an adjudication order on the basis of a scrutiny and audit of a taxpayer's records?
  • What is the distinction between summary assessment proceedings under section 11 and adjudication proceedings under section 45 of the Sales Tax Act, 1990?
  • Does a violation of section 73 of the Sales Tax Act, 1990, ordinarily appear on the face of a sales tax return without examining the taxpayer's records or conducting an audit?
  Read full judgment →
• A. Rashid M. Hanif and 5 others vs Messrs Faisal Bank Ltd. through Manager and 3 others2003 CLD 722 · Lahore High CourtRead full judgment →
• A Fzaal Ahmed vs District Officer Revenue and others2004 CLC 1714 · Lahore High Court · 2004-05-14Read full judgment →
• (Technology), P.C.S.T., Islamabad Dr. Tariq Mahmood, Deputy Chief vs Ministry of Science and Technology through its Secretary, Islamabad and 2 others2004 PLC (C.S.) 79 · Lahore High Court · 2003-05-12
  promotiondirect recruitmentterms and conditions of servicejurisdiction of High Courtconstitutional petitioncivil servantdiscrimination
  Summary & questions settled

  This constitutional petition was filed by Dr. Tariq Mahmood, a Deputy Chief Technology (BPS-19), challenging the respondent department's decision to fill the vacant post of Chief Science and Technology (BPS-20) through direct recruitment from the general public instead of 100% promotion as mandated by the applicable rules. The core legal question was whether the High Court has jurisdiction under Article 212 of the Constitution to entertain a writ petition regarding promotion, and whether direct recruitment in violation of promotion rules is open to judicial review. The Lahore High Court held that the department's action to invite applications for direct recruitment was contrary to the rules, discriminatory, and arbitrary, thereby falling outside the bar of Article 212. The writ petition was allowed, declaring the direct recruitment process without lawful authority, and directing that the petitioner and other eligible departmental candidates be considered for promotion under the applicable rules.

  Questions settled

  • Does the bar contained in Article 212 of the Constitution of Pakistan exclude the High Court's jurisdiction when a promotional post is filled through direct recruitment in violation of rules?
  • Can a post reserved 100% for promotion under the applicable rules be filled through direct recruitment from the general public?
  • Whether arbitrary departmental action in filling a promotional post is open to correction by the High Court in exercise of constitutional jurisdiction?
  Read full judgment →
• (Pvt.) Ltd., Lahore vs Federation of Pakistan2004 PTD 2180 · Lahore High Court · 2004-02-13Read full judgment →
• (Pvt.) Ltd., Faisalabad Road, Shahkot vs Deputy Commissioner of Income-Tax, Circle 10, Company Zone-I, Lahore and 2 others2003 PTD 1103 · Lahore High Court · 2002-11-06Read full judgment →
• Zulfiqar vs The State2003 YLR 2439 · Lahore High Court · 2003-01-08
  post-arrest bailvicarious liabilityfurther inquiryLalkaramurderwatercourse dispute
  Summary & questions settled

  The petitioner sought post-arrest bail in a case registered under sections 302, 148, and 149 of the Pakistan Penal Code 1860, arising from an incident involving the demolition of a watercourse resulting in a murder. The core legal question was whether the petitioner, to whom only a Lalkara and ineffective aerial firing were attributed and who claimed to be empty-handed during the dispute over land subject to a civil court status quo order, was entitled to further inquiry under section 497(2) of the Code of Criminal Procedure 1898. The court held that since no substantive injury was attributed to the petitioner, his vicarious liability warranted further inquiry at trial, and he had spent significant time behind bars. The court accepted the bail petition, establishing that where complicity involves only unverified vicarious liability and supporting material indicates further inquiry, bail should be granted.

  Questions settled

  • Whether a petitioner assigned only a Lalkara and ineffective aerial firing is entitled to post-arrest bail for further inquiry under Section 497(2) of the Code of Criminal Procedure 1898?
  • Does the existence of a civil court status quo order regarding the disputed land support a case for further inquiry in a criminal bail petition?
  Read full judgment →
• Zulfiqar Haider vs The State2003 P Cr. L J 1036 · Lahore High Court · 2001-09-05
  circumstantial evidencebenefit of doubtpointation of dead bodyrecovery of weaponmurdercriminal appealforensic evidence
  Summary & questions settled

  This criminal appeal challenged the conviction and death sentence of the appellant for the murder of the deceased under Section 302(b) of the Pakistan Penal Code 1860. The prosecution’s case rested on circumstantial evidence, specifically the motive of rivalry, the pointation of the dead body, and the recovery of a pistol allegedly matching an empty shell found at the scene. The core legal question was whether this circumstantial evidence was sufficient to establish guilt beyond reasonable doubt. The Lahore High Court held that the prosecution failed to discharge its burden of proof. The court found the evidence regarding the pointation of the dead body contradictory and unreliable. Furthermore, it ruled that pointation of a dead body, even if proven, constitutes evidence of knowledge of the location rather than proof of murder, potentially relevant only under Section 201 of the Pakistan Penal Code 1860. Additionally, the recovery of the weapon was deemed suspicious due to the lack of independent witnesses and the possibility of tampering. Consequently, the court extended the benefit of doubt to the appellant, set aside the conviction, and acquitted him.

  Questions settled

  • Does the pointation of a dead body by an accused person constitute sufficient evidence to establish a charge of murder?
  • Can a conviction be sustained on circumstantial evidence where the recovery of the weapon is not witnessed by independent local witnesses?
  • Is the recovery of a dead body at the instance of an accused relevant to the charge of murder or merely to the concealment of evidence?
  Read full judgment →
• Zulfiqar Alias Zula And Others vs The State2003 YLR 1079 · Lahore High Court · 2003-01-21
  murdercapital punishmentreduction of sentencemitigating circumstancesbenefit of doubtocular testimonymotive not proved
  Summary & questions settled

  This criminal appeal and murder reference arise from a judgment of the Additional Sessions Judge, Lodhran, convicting the appellants under section 302/34, Pakistan Penal Code 1860, for murder. The core legal questions involved the sustainability of the conviction based on ocular testimony, the sufficiency of the prosecution's proof regarding the alleged motive, and whether mitigating circumstances warranted the reduction of the death sentence to imprisonment for life. The Lahore High Court held that the eyewitnesses had naturally explained their presence and their testimony remained reliable despite being related to the deceased, thereby maintaining the conviction of two appellants. However, considering the unproven motive, subsequent compromise with co-accused, and protracted incarceration since 1989, the court altered their death sentence to imprisonment for life. The third appellant was acquitted on the basis of a benefit of the doubt as his role lacked corroboration from medical evidence and weapon recovery. The key principle laid down is that while related witnesses can sustain a conviction if their presence is natural, an unproven motive coupled with prolonged delay and mitigating circumstances can form a valid basis for commuting a death sentence to life imprisonment.

  Questions settled

  • Whether relationship of eyewitnesses with the deceased is sufficient to discard their testimony when their presence at the spot is naturally explained?
  • Can the unproven nature of the alleged motive serve as a mitigating circumstance for altering a sentence of death to imprisonment for life?
  • Whether the benefit of doubt should be extended to an accused whose specific attribution lacks medical corroboration?
  • Does prolonged incarceration in the death cell constitute a valid ground for commuting a death sentence?
  Read full judgment →
• Zulfiqar Ali vs The State2003 YLR 1305 · Lahore High Court · 2002-12-12
  suspension of sentencepost-conviction baillast seen evidenceappellate bailappreciation of evidence
  Summary & questions settled

  The petitioner, Zulfiqar Ali, filed a petition seeking the suspension of his sentence and release on bail pending the disposal of his appeal against his conviction under Section 302(b) read with Section 34 of the Pakistan Penal Code 1860, and Section 201/34 of the Pakistan Penal Code 1860, for which he was sentenced to life imprisonment and seven years imprisonment respectively, along with compensation under Section 544-A of the Code of Criminal Procedure 1898. The core legal question was whether the petitioner was entitled to suspension of sentence and bail given that the sole evidence against him, the 'last seen' evidence, was deemed untrustworthy by the trial court. The Court held that since the State conceded that the only evidence relied upon was the 'last seen' evidence and that the trial court itself had found this evidence to be untrustworthy, the petitioner had made out a case for suspension of sentence. Consequently, the Court accepted the petition, suspended the sentence, and admitted the petitioner to bail pending the final disposal of his appeal, subject to the furnishing of bail bonds.

  Questions settled

  • Is a convict entitled to suspension of sentence pending appeal when the sole evidence against him is deemed untrustworthy by the trial court?
  • Can an appellate court grant bail to a convict if the State concedes that the evidence relied upon by the trial court is untrustworthy?
  Read full judgment →
• Zulfiqar Ali vs Secretary Education2003 PLC (C.S.) 1089 · Lahore High Court · 2002-08-12
  constitutional petitionshow-cause noticeservice tribunal jurisdictionterms and conditions of servicemaintainabilitycivil servant
  Summary & questions settled

  This constitutional petition was filed seeking the quashment of a show-cause notice issued to the petitioner under the Punjab Removal from Service (Special Powers) Ordinance, 2000 (referred to as E&D Rules, 1999 in the text) following his reinstatement into service pursuant to judgments of the Punjab Service Tribunal and the Supreme Court. The core legal question was whether a constitutional petition is maintainable against the issuance of a show-cause notice concerning the terms and conditions of a civil servant. The Lahore High Court held that the issuance of a show-cause notice does not constitute an adverse final order but is merely a preliminary step toward a final order, matters concerning which fall strictly within the exclusive jurisdiction of the Service Tribunal. Consequently, the petition was dismissed as non-maintainable due to the constitutional bar under Article 212. The key principle laid down is that the High Court lacks jurisdiction under Article 199 to entertain a writ petition against a mere show-cause notice relating to service matters, as the aggrieved civil servant has an adequate remedy before the Service Tribunal.

  Questions settled

  • Is a constitutional petition maintainable against the issuance of a show-cause notice under service laws?
  • Does the issuance of a show-cause notice constitute an adverse final order appealable before the High Court?
  • Does Article 212 of the Constitution bar the jurisdiction of the High Court in matters relating to the terms and conditions of civil servants?
  Read full judgment →
• Zulfiqar Ali vs Director, Anti-Corruption Establishment, Punjab, Lahore and 6 otherss2003 P Cr. L J 1543 · Lahore High Court · 2003-04-03
  writ petitionanti-corruption establishmentforgerygift mutationpendency of civil suitquashment of inquiry
  Summary & questions settled

  This writ petition challenges the initiation of criminal proceedings and an inquiry by the Anti-Corruption Establishment regarding an alleged fraudulent gift mutation of land. The core legal questions involve whether criminal proceedings for forgery can proceed while a civil suit concerning the same subject-matter is pending, and whether a fresh inquiry is barred after a previous inquiry was dropped. The Lahore High Court held that the pendency of a civil suit does not bar criminal proceedings or investigation regarding the commission of forgery, as civil and criminal remedies can proceed concurrently and the civil court process cannot be used to shield alleged criminals. The court established that the cause of action for forgery arises immediately upon its commission and does not require awaiting the outcome of a civil suit.

  Questions settled

  • Does the pendency of a civil suit regarding a disputed property transaction bar criminal investigation or proceedings for forgery?
  • Can criminal proceedings for forgery be initiated after a preliminary inquiry by the Anti-Corruption Establishment was previously dropped?
  • Whether the High Court should interfere with the investigative process of the anti-corruption authorities under constitutional jurisdiction?
  Read full judgment →
• Zulfiqar Ali and another vs Secretary Education, Government of Punjab, Civil Secretariat, Lahore and 3 others2003 PLC (C.S.) 925 · Lahore High Court · 2002-08-12
  reinstatementservice mattercontract appointmentPunjab Service Tribunalconstitutional petitionteacher recruitment
  Summary & questions settled

  This constitutional petition was filed by the petitioners, who were previously appointed as P.T.C. Teachers in 1995 and subsequently removed from service in 1999. Following a successful appeal before the Punjab Service Tribunal, which ordered their reinstatement in 2002, the petitioners challenged a government notification advertising teaching positions on a contract basis. The petitioners argued that their posts were being filled by new contract appointees before their own reinstatement was finalized. The respondents, represented by the Additional Advocate-General, clarified that the Department had initiated fresh proceedings under the Efficiency and Discipline Rules, and that the petitioners' reinstatement would not be prejudiced by the new contract appointments. The Court, upon hearing the parties and reviewing the comments, disposed of the petition with the observation that the petitioners' rights must not be adversely affected by the fresh contract appointments. The Court emphasized that the Department is legally obligated to implement the judgment of the Punjab Service Tribunal regarding the petitioners' reinstatement before filling the relevant posts with new contract employees.

  Questions settled

  • Does the initiation of fresh departmental proceedings under the Efficiency and Discipline Rules override a Service Tribunal order for reinstatement?
  • Can the government fill teaching posts with contract employees if those posts are subject to a prior reinstatement order by the Punjab Service Tribunal?
  • Is the government required to implement a Service Tribunal reinstatement order before advertising the same posts for contract appointments?
  Read full judgment →
• Zulfiqar Ahmad vs Ikhlaq Ahmad2003 MLD 846 · Lahore High Court · 2002-09-12
  pre-emption suitTalb-e-IshhadTalb-e-Muwathibatsecondary evidenceburden of proofcivil revision
  Summary & questions settled

  This civil revision arises from a pre-emption suit concerning the sale of land. The core legal question was whether the plaintiff had satisfied the mandatory statutory requirements of Talb-e-Muwathibat and Talb-e-Ishhad under the Punjab Pre-emption Act, 1991, specifically regarding the proof of service of notice of Talb-e-Ishhad. The trial court dismissed the suit, finding the plaintiff failed to prove compliance with these prerequisites. Although the appellate court reversed this decision, the High Court set aside the appellate judgment. The High Court held that merely producing a postal receipt is insufficient to prove the contents of a notice. The plaintiff is required to prove that the postal envelope actually contained the requisite notice. Because the plaintiff failed to produce the original notice or seek leave of the court to lead secondary evidence as required by the Qanun-e-Shahadat Order, 1984, the claim of having dispatched the notice was not established. Consequently, the High Court allowed the revision petition and dismissed the suit, emphasizing that strict adherence to evidentiary procedures is essential for enforcing the right of pre-emption.

  Questions settled

  • Is the production of a postal receipt sufficient to prove the contents of a notice of Talb-e-Ishhad in a pre-emption suit?
  • What procedure must a plaintiff follow to introduce secondary evidence of a notice if the original is not produced?
  • Does a failure to prove the contents of a notice of Talb-e-Ishhad invalidate a claim for pre-emption?
  Read full judgment →
• Zubaida Khatoon vs Chief Secretary, Govt, Of Punjab And OtherK.L.R. 2003 Civil Cases 129 · Lahore High Court · 2002-11-12Read full judgment →
• Zil-Ur-Rehman vs The State2003 PLD Lahore 417 · Lahore High Court · 2002-11-18
  criminal appealmurder convictionbenefit of doubtextra-judicial confessionprivate complaintocular evidenceacquittal
  Summary & questions settled

  This criminal appeal challenges the conviction and sentence of the appellant, Zil-ur-Rehman, for the murder of his sister, Mst. Zakiya Rehman, under Section 308 of the Pakistan Penal Code 1860. The core legal question was whether the prosecution had established the appellant's guilt beyond a reasonable doubt, given the significant delays in filing the private complaint, the failure of the initial eye-witnesses to support the prosecution's case, and the questionable reliability of the sole remaining witness, the appellant's uncle, who appeared six months post-occurrence. The Court held that the prosecution failed to provide an unimpeachable ocular account or credible evidence to sustain the conviction. The alleged extra-judicial confession was deemed insufficient for conviction, and the recovery of the weapon was unsupported by independent witnesses. Emphasizing that the benefit of any doubt must be extended to the accused as a matter of right, the Court set aside the conviction and acquitted the appellant. The judgment reinforces the principle that a criminal conviction cannot be maintained on weak, contradictory evidence or solely on an extra-judicial confession without corroboration.

  Questions settled

  • Can a conviction under Section 302 of the Pakistan Penal Code 1860 be maintained solely on the basis of an extra-judicial confession?
  • Does the failure of initial eye-witnesses to support the prosecution case in a private complaint necessitate an acquittal?
  • Is an unexplained three-month delay in filing a private complaint a ground for creating reasonable doubt in a murder case?
  Read full judgment →
• Zawar Patroleum vs O.G.D.C. And Others2003 YLR 1450 · Lahore High Court · 2002-07-23
  interim injunctionarbitration agreementjoint venturepetroleum concession agreementdevelopment planbreach of contractirreparable lossprima facie case
  Summary & questions settled

  This civil revision petition arises from an order passed by the Civil Judge 1st Class, Islamabad, declining to grant an interim injunction in proceedings initiated under sections 20 and 41 of the Arbitration Act, 1940. The petitioner and respondent No. 1 entered into a Joint Venture and executed a Petroleum Concession Agreement and Joint Operating Agreement for the exploration and production of hydrocarbons in the Shakardara Concession Area, following a discovery of oil and gas. A dispute arose between the parties regarding the approval of the Development Plan and the method of gas utilization and transportation pipelines. The petitioner sought an interim injunction to restrain the operator from implementing the Development Plan pending arbitration. The Lahore High Court evaluated the requirements for granting an interlocutory injunction, namely an extremely strong prima facie case, irreparable loss, and a balance of convenience favouring the petitioner. The court held that the alleged deviation or breach of contract primarily sounds in damages, the petitioner failed to satisfy the requisite criteria for injunctive relief, and dismissed the revision petition while granting a temporary suspension of two weeks.

  Questions settled

  • What are the essential prerequisites for the grant of an interlocutory injunction in commercial disputes involving an arbitration agreement?
  • Does a disagreement over the implementation of a joint venture development plan by an operator constitute grounds for issuing an interim injunction under the Arbitration Act, 1940?
  • Whether the civil court has the power under section 41 read with the Second Schedule of the Arbitration Act, 1940 to issue interim injunctions in relation to arbitration proceedings?
  • Is an alleged breach of a joint venture or concession contract appropriately remedied by an injunction or by damages?
  Read full judgment →
• Zakiuddin Sheikh And 3 Others vs Miss Nusrat Riaz And Another2003 YLR 2109 · Lahore High Court · 2003-03-19Read full judgment →
• Zakariya And Others vs Agricultural Development Bank Of Pakistan, Shakargarh And Others2003 P.C.T.L.R. 45 · Lahore High CourtRead full judgment →
• Zaighum through his mother and otherss vs The State and otherss2003 P Cr. L J 534 · Lahore High Court · 2002-08-15
  revision petitionenhancement of sentenceQatl-e-AmdDiyatrevisional jurisdictionappreciation of evidencecriminal liability
  Summary & questions settled

  This revision petition was filed seeking the enhancement of sentences imposed by the trial court in a murder case involving a dispute over land partition. The trial court had convicted the respondents under sections 302, 109, and 34 of the Pakistan Penal Code 1860, sentencing them to pay Diyat to the minor son and widow of the deceased, with an additional 14-year sentence for the primary accused under section 311. The core legal question was whether the sentences imposed on the respondents, particularly the co-accused, were insufficient given the circumstances of the crime. The High Court, upon reviewing the evidence, noted that no overt act was attributed to one respondent and that the role attributed to the other—clasping the deceased—was inconsistent with the medical evidence showing only a single fatal blow. Consequently, the Court held that the trial court's decision to impose Diyat rather than harsher punishment was neither illegal nor arbitrary. The petition was dismissed, affirming that the trial court's assessment of the evidence and sentencing discretion did not warrant interference in revisional jurisdiction.

  Questions settled

  • Does the revisional court have grounds to enhance a sentence where the trial court's assessment of the evidence is not found to be illegal or arbitrary?
  • Is the imposition of Diyat an appropriate sentence when the medical evidence contradicts the prosecution's version of the role played by the co-accused?
  • Can a conviction under section 311 of the Pakistan Penal Code 1860 be sustained when the legal heirs have waived the right of Qisas?
  Read full judgment →
• Zaighum Abbas vs The StateK.L.R. 2003 Criminal Cases 38 · Lahore High Court · 2002-07-12
  juvenile justiceage determinationremandcriminal revisionstatutory inquirytrial jurisdiction
  Summary & questions settled

  This criminal revision petition concerns the determination of the age of an accused person for the purpose of trial under the Juvenile Justice System Ordinance, 2000. The core legal question was whether the trial court had properly conducted an inquiry into the age of the accused, given conflicting evidence regarding his age, including a medical board report and a birth certificate. The Lahore High Court observed that the trial court had failed to conduct the mandatory inquiry as stipulated by the relevant statutory provisions. Consequently, the Court set aside the impugned order of the Additional Sessions Judge and remanded the case back to the trial court. The Court held that the trial court must conduct a fresh, detailed inquiry into the age of the accused, taking into account both oral assertions and documentary evidence, before determining the appropriate forum for the trial. This judgment reinforces the principle that strict compliance with statutory inquiry procedures regarding juvenile status is essential for ensuring a fair trial and proper jurisdictional determination.

  Questions settled

  • Is a trial court required to conduct a detailed inquiry into the age of an accused under Section 7 of the Juvenile Justice System Ordinance 2000?
  • Can a trial court's order regarding the age of an accused be set aside if it fails to consider both oral and documentary evidence?
  • Does a failure to conduct a proper age inquiry necessitate a remand of the case to the trial court?
  Read full judgment →
• Zahoor Ahmed vs The State2003 P Cr. L J 1576 · Lahore High Court · 2003-05-07
  post-arrest bailsodomyfurther inquirypolice investigationmedical reportchemical examiner report
  Summary & questions settled

  The petitioner sought post-arrest bail in a case registered under section 12 of the Offence of Zina (Enforcement of Hudood) Ordinance 1979 read with section 377 of the Pakistan Penal Code 1860 for allegedly committing sodomy upon a minor boy. The core legal question was whether the petitioner made out a case for further inquiry under subsection (2) of section 497 of the Code of Criminal Procedure 1898 given that the police investigation found the case false, the medical report showed a normal external anal area, and the Chemical Examiner's report was negative. The Lahore High Court held that the conflicting police findings, negative chemical report, and normal medical report brought the case within the scope of further inquiry. The court accepted the petition and granted post-arrest bail to the petitioner, laying down that where police investigation recommends discharge and medical and chemical reports do not support the allegations, the accused is entitled to bail under subsection (2) of section 497 of the Code of Criminal Procedure 1898.

  Questions settled

  • Whether an accused is entitled to post-arrest bail when the police investigation finds the case to be false and recommends discharge?
  • Does a negative chemical examiner report and a normal medical report make out a case for further inquiry under subsection (2) of section 497 of the Code of Criminal Procedure 1898 in a sodomy case?
  • Is an accused entitled to bail under section 497(2) of the Code of Criminal Procedure 1898 when the evidentiary material creates doubt regarding his guilt?
  Read full judgment →
• Zahoor Ahmad and 6 others vs Muhammad Aslam2003 MLD 1694 · Lahore High Court · 2003-01-16Read full judgment →
• Zahid Mahmood and anothers vs The State2003 P Cr. L J 464 · Lahore High Court · 2002-06-28
  murderocular testimonyinterested witnesscorroborationcriminal appealrecovery evidencebenefit of doubt
  Summary & questions settled

  This criminal appeal challenges the conviction and sentence of two appellants, Zahid Mehmood and Muhammad Sabir, for the murder of Abdul Ghaffar and house trespass. The trial court had convicted them while acquitting four co-accused. The core legal question concerned the reliability of ocular testimony provided by interested witnesses, particularly when the trial court had already disbelieved that same testimony regarding the acquitted co-accused. The High Court held that where ocular evidence is disbelieved in part, independent corroboration is essential to sustain a conviction. Regarding Zahid Mehmood, the court upheld the conviction because the recovered weapon matched the crime empties found at the scene, providing necessary corroboration. Conversely, regarding Muhammad Sabir, the court found the recovery evidence unreliable due to procedural discrepancies and the lack of independent corroboration, necessitating his acquittal. The key principle laid down is that when ocular testimony is treated as unreliable regarding some co-accused, it cannot be accepted against others without strong, independent corroborative evidence linking the accused to the crime.

  Questions settled

  • Does the acquittal of co-accused based on disbelieved ocular testimony necessitate independent corroboration for the remaining accused?
  • Can a conviction be sustained on the basis of ocular testimony alone when the witnesses are interested and the testimony has been partially disbelieved?
  • Does a delay in sending recovered weapons to the Forensic Science Laboratory undermine the reliability of recovery evidence?
  Read full judgment →
• Zaffarullah Khan vs Aziz-Ud-Din Ahmad Khan and others2003 PLD Lahore 662 · Lahore High Court · 2003-05-26Read full judgment →
• Zafar Yasin And 2 Others vs Abdur Rashid Khan Through Legal Heirs And 5 Others2003 YLR 2478 · Lahore High Court · 2002-07-09Read full judgment →
• Zafar Pervez Sheikh vs Lahore Development Authority through its Director2003 C.L.R. 1052 · Lahore High Court · 2003-02-17Read full judgment →
• Zafar Pervez Sheikh vs Lahore Development Authority through Director2003 MLD 1939 · Lahore High Court · 2003-02-16
  writ petitionnatural justiceopportunity of hearingcancellation of allotmentadministrative lawshow-cause noticeLahore Development Authority
  Summary & questions settled

  This constitutional petition challenges the cancellation of an exemption granted to the petitioner regarding a plot by the Lahore Development Authority (LDA). The petitioner contended that the cancellation order, dated 4-10-2000, was issued without providing him an opportunity of hearing, despite previous correspondence acknowledging the allotment and the petitioner's subsequent deposit of funds. The core legal question was whether the respondent authority could unilaterally cancel the petitioner's allotment without adhering to the principles of natural justice, specifically the right to a fair hearing. The Lahore High Court observed that the respondent failed to demonstrate that any opportunity of hearing was afforded to the petitioner prior to the issuance of the impugned cancellation letter. Consequently, the Court held the cancellation order to be without jurisdiction and without lawful authority. The Court directed the LDA to issue a proper show-cause notice to the petitioner and to decide the matter afresh after granting the petitioner an opportunity to be heard and considering all relevant evidence, thereby affirming the necessity of procedural fairness in administrative actions affecting vested rights.

  Questions settled

  • Can an administrative authority cancel an allotment of a plot without providing the affected party an opportunity of hearing?
  • Is an order passed by a public authority without affording a right of hearing considered to be without jurisdiction and lawful authority?
  • What is the appropriate remedy when an administrative body cancels a vested right without following procedural fairness?
  Read full judgment →
• Zafar Iqbal vs The State2003 YLR 1091 · Lahore High Court · 2003-01-14
  pre-arrest bailZina-bil-Razafurther inquirycancellation reportmedical evidenceChemical Examiner report
  Summary & questions settled

  This criminal petition concerns an application for pre-arrest bail in a case registered under Section 10(3) of the Offence of Zina (Enforcement of Hudood) Ordinance 1979. The petitioner was accused of committing Zina-bil-Raza with a co-accused within the premises of Darul Aman. The core legal question was whether the petitioner was entitled to pre-arrest bail given the conflicting evidence, including a police recommendation for case cancellation, a negative medical report, and a negative Chemical Examiner's report regarding the co-accused. The Court held that the case against the petitioner required further inquiry under Section 497(2) of the Code of Criminal Procedure 1898. The Court reasoned that the initial police investigation recommending cancellation, combined with the medical evidence suggesting the co-accused was unmarried and the negative report from the Chemical Examiner, created sufficient doubt regarding the petitioner's guilt. Consequently, the Court confirmed the ad interim pre-arrest bail, emphasizing that where the prosecution's case rests on evidence that is contradicted by forensic and medical findings, the accused is entitled to the benefit of further inquiry.

  Questions settled

  • Does a negative Chemical Examiner report and a medical report indicating an unmarried status constitute grounds for further inquiry in a Zina case?
  • Is an accused entitled to pre-arrest bail when the initial police investigation recommended the cancellation of the FIR?
  • Does the submission of a challan by the police following a Magistrate's disagreement with a cancellation report preclude the grant of pre-arrest bail?
  Read full judgment →
• Zafar Iqbal Anjum vs The State2003 MLD 1178 · Lahore High Court · 2002-05-29
  surety bondforfeiture of bondpenalty reductioncriminal revisionbailmitigating circumstances
  Summary & questions settled

  This criminal revision petition arose from proceedings initiated under Section 514 of the Code of Criminal Procedure 1898 against the petitioner, Zafar Iqbal Anjum, who stood surety for an accused, Saeed Iqbal. Following the accused's failure to appear during the pendency of his bail application, the application was dismissed, and the trial court imposed a penalty of Rs. 40,000 on the surety. The petitioner challenged this order, citing his absence abroad and lack of knowledge regarding the accused's non-appearance. During the proceedings, the petitioner's counsel did not press the petition on merits but requested a reduction in the penalty amount, noting that a compromise had been reached between the main accused and the complainant. The High Court dismissed the petition but exercised its discretion to reduce the penalty. The court held that while the surety is liable for the accused's absence, the petitioner's absence from the country and the subsequent compromise between the parties constituted mitigating circumstances justifying a reduction of the penalty from Rs. 40,000 to Rs. 10,000.

  Questions settled

  • Can a court reduce the amount of a penalty imposed under Section 514 of the Code of Criminal Procedure 1898?
  • Does a compromise between the accused and the complainant constitute a mitigating factor for reducing a surety bond penalty?
  • Is the absence of a surety from the country a valid ground for the court to exercise discretion in reducing a penalty imposed for the accused's non-appearance?
  Read full judgment →
• Zafar Iqbal And Other vs The State And AnotherK.L.R. 2003 Criminal Cases 216 · Lahore High Court · 2002-06-06
  post-arrest bailbailable offenceprohibitory clauseoutraging modestycriminal assaultbail application
  Summary & questions settled

  This criminal matter arises from a petition for post-arrest bail filed by Zafar Iqbal, Muhammad Sarfraz, and Shahid Iqbal alias Shehzad in relation to F.I.R. No. 285 registered at Police Station Burjwala, District Sahiwal, under Section 354, Section 337-L(ii), and previously Section 354-A of the Pakistan Penal Code. The core legal question concerned whether the petitioners were entitled to post-arrest bail given the nature of the allegations and the applicability of the statutory offences. The Lahore High Court held that since the challan did not contain Section 354-A, the victim's statement lacked allegations of being denuded in public, Section 354 was bailable, and Section 337-L(ii) fell outside the prohibitory clause of Section 497 of the Code of Criminal Procedure, the petitioners were entitled to bail. The court laid down the principle that a case cannot be stretched in favour of either the accused or the prosecution, and the determination of whether Section 354-A applies is a matter for the trial court after recording evidence.

  Questions settled

  • Whether an offence not falling within the prohibitory clause of Section 497 of the Code of Criminal Procedure entitles the accused to bail as a matter of general rule?
  • Can the court at the bail stage determine the applicability of an offence subsequently deleted in the challan without recording evidence?
  • Whether Section 354 of the Pakistan Penal Code is bailable?
  Read full judgment →
• Zafar Iqbal And Another vs The State2003 YLR 1364 · Lahore High Court · 2002-06-27
  murder convictionlast seen evidencejudicial confessioncircumstantial evidencebenefit of doubtretracted confessioncriminal appeal
  Summary & questions settled

  This criminal appeal challenges the conviction and sentence of the appellants for murder under Section 302/34 of the Pakistan Penal Code 1860. The core legal questions were whether the prosecution established guilt beyond reasonable doubt based on 'last seen' evidence against one appellant and a judicial confession against the other. The Lahore High Court acquitted both appellants, setting aside their convictions and sentences. The court held that 'last seen' evidence is a weak form of circumstantial evidence that requires independent corroboration to sustain a conviction, which was absent in this case. Regarding the judicial confession, the court ruled that a confession recorded after a significant delay while the accused remained in police custody, without the magistrate ensuring the accused would not be returned to police custody, is unreliable. Furthermore, the court established that a conviction cannot be sustained on a retracted confession alone without corroboration. Consequently, the prosecution failed to exclude all hypotheses of innocence, necessitating the benefit of the doubt for the appellants.

  Questions settled

  • Can a conviction for murder be sustained solely on the basis of 'last seen' evidence without independent corroboration?
  • Is a judicial confession reliable when recorded after a significant delay while the accused remained in police custody?
  • Can a conviction be based on a retracted judicial confession alone?
  • What are the requirements for a magistrate to ensure the voluntariness of a judicial confession regarding police custody?
  Read full judgment →
• Zafar Iqbal And 3 Others vs The State2003 YLR 156 · Lahore High Court · 2002-10-23
  murder referencecapital punishmentgrave and sudden provocationpolice investigationbenefit of doubtappraisal of evidencecriminal appeal
  Summary & questions settled

  This criminal appeal, revision, and murder reference arise from a judgment of the Sessions Court, Bhakkar, convicting four appellants under Section 302(b) of the Pakistan Penal Code 1860 for the murder of Muhammad Aslam and sentencing them to death. The core legal question involves the appraisal of evidence, the credibility of eye-witnesses, the weight to be attached to successive police investigations declaring certain accused innocent, and the validity of a plea of grave and sudden provocation. The Lahore High Court held that the prosecution successfully proved its case beyond reasonable doubt against the primary appellant, Zafar Iqbal, whose participation and infliction of fatal injuries were established, while rejecting his plea of grave and sudden provocation due to lack of proof and the brutal nature of the multiple injuries inflicted. However, the court held that successive police investigations and omissions in the prosecution case created grave doubts regarding the involvement of the other three appellants. The court laid down the principle that the prosecution must prove its case independently and cannot rely solely on the failure of a defence plea, and that material findings of innocence in successive police investigations must be given due weight when corroborated by circumstances.

  Questions settled

  • Whether the prosecution can succeed on the basis of its own evidence regardless of the failure of the accused to establish a defence plea?
  • Does a plea of grave and sudden provocation suffice to mitigate the offense of murder where multiple brutal injuries are inflicted without proof of formal engagement or wounded honor?
  • What evidentiary weight is to be attached to findings of innocence recorded in successive police investigations under the Code of Criminal Procedure 1898?
  • Whether contradictory statements and physical obstructions by intervening sand dunes and crops affect the credibility of an alleged eye-witness in a murder trial?
  Read full judgment →
• Zafar Iqbal Alias Azhar vs The State2003 YLR 306 · Lahore High Court · 2002-08-15
  illicit armsrecovery witnesscriminal appealacquittalburden of proofprocedural irregularity
  Summary & questions settled

  This criminal appeal challenges the conviction and seven-year sentence imposed by the trial court for an offence under section 7 of the Surrender of Illicit Arms Act, 1991, following the alleged recovery of a pistol from the appellant. The core legal question was whether the prosecution successfully proved the recovery and the offence beyond reasonable doubt. The Lahore High Court held that the prosecution failed to establish its case. The Court emphasized that the recovery occurred in a populated area with shops nearby, yet the police deliberately failed to associate any public witnesses with the recovery proceedings, in violation of section 103 of the Code of Criminal Procedure 1898. Furthermore, the Court noted significant evidentiary gaps: the recovered weapon was not sealed or sent to an arms expert to verify its functionality, and it was recovered unloaded without ammunition. The Court laid down the principle that where public witnesses are available in a populated area during a recovery, their exclusion without valid justification creates doubt, and failure to prove the weapon's operability or possession status undermines the prosecution's case.

  Questions settled

  • Does the failure to associate public witnesses in a populated area during a recovery violate Section 103 of the Code of Criminal Procedure 1898?
  • Is a conviction sustainable when the recovered weapon was not sealed, not sent to an arms expert, and recovered in an unloaded state?
  • Can a conviction under the Surrender of Illicit Arms Act 1991 be maintained if the prosecution fails to prove the weapon was in the possession of the accused prior to the statutory deadline?
  Read full judgment →
• Zafar Ali vs The State2003 P Cr. L J 1875 · Lahore High Court · 2003-06-19
  post-arrest bailvicarious liabilitycross-versionjuvenile offenderfurther inquiryschool leaving certificateaggressor and aggressed
  Summary & questions settled

  The petitioner sought post-arrest bail in a case registered under sections 302, 148, 149, 337-A, 337-D, 337-F, 324, and 452 of the Pakistan Penal Code 1860, arising from a clash between two parties over the possession of an Ihata. The core legal question was whether the petitioner was entitled to post-arrest bail considering the contentions regarding vicarious liability, a cross-version of the incident, and his juvenile age at the time of the occurrence. The Lahore High Court held that the case called for further inquiry into the petitioner's guilt under subsection (2) of section 497 of the Code of Criminal Procedure 1898, as the question of his vicarious liability and the identity of the aggressor required determination at trial, and further noted that the first proviso to section 497(1) was attracted given his age as reflected in his School Leaving Certificate. The petition was consequently accepted and the petitioner admitted to bail.

  Questions settled

  • Whether the question of vicarious liability for murder warrants further inquiry for the purpose of bail?
  • Does the existence of a cross-version make the determination of the aggressor a matter for trial rather than bail stage?
  • Is a school leaving certificate preferred over police assessment for determining the age of an accused for bail purposes?
  • Does being a juvenile under the age of thirteen attract the first proviso to section 497(1) of the Code of Criminal Procedure 1898?
  Read full judgment →
• Z.N. Exports (Pvt.) Ltd. vs Collector Of Sales Tax2003 P.C.T.L.R. 1363 · Lahore High Court · 2003-02-03Read full judgment →
• Yousaf Soap Factory,. Sargodha through its Proprietor Muhammad Yousaf2003 C.L.R. 604 · Lahore High CourtRead full judgment →
• Yaqoob Shahzad vs The State2003 P Cr. L J 1473 · Lahore High Court · 2003-05-06
  criminal appealmurder convictionbenefit of doubttwo versionsself-defenseacquittalappreciation of evidence
  Summary & questions settled

  This criminal appeal challenges the conviction and sentence of the appellant for murder under the Pakistan Penal Code 1860. The core legal question was whether the prosecution successfully proved its case beyond a reasonable doubt, particularly in the face of conflicting versions of the occurrence and the appellant's plea of self-defense. The High Court set aside the conviction and acquitted the appellant, finding the prosecution's case riddled with doubts. The Court favored the appellant's version, noting the occurrence took place in front of his house, his father was also killed, and his initial account remained consistent. The judgment reaffirms the principle that in cases involving two conflicting versions of an event, the court must juxtapose them to determine which is more plausible and consistent with the evidence. Furthermore, it emphasizes that where the prosecution's case is doubtful, the benefit of that doubt must invariably be extended to the accused, and the first version provided by an accused person holds significant evidentiary importance.

  Questions settled

  • How should a court evaluate a criminal case when there are two conflicting versions of the occurrence?
  • What is the evidentiary weight of an accused's first version provided to the police or during trial?
  • Does the occurrence of a crime in front of the accused's house support a plea of self-defense?
  • Is the benefit of doubt mandatory when the prosecution's case is found to be full of doubts?
  Read full judgment →
• Water and Power Development Authority, WAPDA House, Lahore vs Muhammad Yaqoob2003 C.L.R. 1278 · Lahore High CourtRead full judgment →
• Water and Power Development Authority Through Chairman And Another vs Messrs Ice Pak International Consulting Engineers of Pakistan Through Chairman And Another2003 YLR 2494 · Lahore High Court · 2001-10-08
  arbitration awardmisconduct of arbitratorconsultancy agreementerror apparent on the face of the awardremand of proceedingscontractual authorityinterest on withheld payments
  Summary & questions settled

  This appeal challenged a civil court's order making an arbitration award the rule of the court regarding a consultancy agreement between the Water and Power Development Authority (WAPDA) and a consultant. The core legal questions concerned whether the arbitrator had jurisdiction over a period where the contract term had expired and whether the arbitrator committed legal misconduct by treating a Project Director's proposal as a binding contract, ignoring the specific contractual definition of 'Authority.' The High Court held that while the arbitrator had jurisdiction, the award was perverse regarding the extended period. The arbitrator erred by treating the Project Director as the final authority, contrary to the contract's terms. Consequently, the court maintained the award for the period ending 31-12-1996 but set aside the award for the subsequent period, remitting the matter for a fresh decision. The key principle laid down is that an arbitrator must act within the contract's terms; treating a subordinate's proposal as a binding decision without contractual authority constitutes an error apparent on the face of the award, warranting judicial interference.

  Questions settled

  • Does an arbitrator commit legal misconduct by treating a subordinate's proposal as a binding decision contrary to the express terms of a contract?
  • Can an appellate court interfere with an arbitration award if the arbitrator's reasoning is based on an erroneous interpretation of the contract?
  • Is an arbitrator required to record reasons for an award under the Arbitration Act 1940?
  • Does the expiration of a contract's initial term automatically invalidate an arbitration clause contained therein?
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• Waqar Ahmad vs Chairman, Pakistan Baitul Mal2003 PLC (C.S.) 746 · Lahore High Court · 2003-02-25
  constitutional petitiontermination of serviceFederal Service Tribunalbar of jurisdictionmaintainabilityad hoc appointmentmala fides
  Summary & questions settled

  Constitutional petitions under Article 199 were filed before the Lahore High Court challenging the termination orders of the petitioners dated 24-5-2000. The petitioners contended that no Service Tribunal was available to challenge the impugned termination orders, and alleged mala fides in the issuance of the orders. The respondent argued that the petitions were not maintainable because the petitioners had an alternate remedy before the Federal Service Tribunal, noting that one of the petitioners had previously availed that forum in another service matter. The High Court observed that the Federal Service Tribunal had indeed entertained and decided an appeal on the merits for one petitioner, thereby disproving the claim that no relevant forum existed. Relying on established precedent, the Court held that even orders challenged on grounds of mala fides are appealable before the Service Tribunal and barred from writ jurisdiction under Article 212 of the Constitution of Pakistan 1973. Consequently, the High Court held the petitions to be non-maintainable and dismissed them without costs.

  Questions settled

  • Whether a constitutional petition challenging a service termination order is barred under Article 212 of the Constitution of Pakistan 1973 when an appeal lies before the Service Tribunal?
  • Can a service-related order challenged on grounds of mala fides be entertained by the High Court under writ jurisdiction if it is otherwise appealable before the Service Tribunal?
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• Waqar Ahmad And Another vs The State2003 YLR 3044 · Lahore High Court · 2001-06-27
  pre-arrest bailabductiondismissal in limineheinous offencecriminal procedure
  Summary & questions settled

  The petitioners, Waqar Ahmed Malik and Mst. Kausar Parveen, filed an application seeking pre-arrest bail in case F.I.R. No. 339 registered at Police Station Sadiqabad, District Rawalpindi, for offences under sections 364/109 of the Pakistan Penal Code 1860, after their initial bail application was dismissed in limine by the Sessions Judge, Rawalpindi. The core legal question was whether the petitioners were entitled to pre-arrest bail for the alleged abduction of the first petitioner's former wife. The Lahore High Court held that the petitioners failed to satisfactorily explain the whereabouts of the grown-up abductee who went missing from their house, and given the serious nature of the heinous offence and lack of exculpatory material on record, the pre-arrest bail petition was dismissed. The key principle laid down is that pre-arrest bail in heinous offences involving missing persons cannot be granted when the accused fail to satisfactorily account for the missing person and no grounds for false involvement are established.

  Questions settled

  • Whether pre-arrest bail can be granted when the accused fail to satisfactorily explain the whereabouts of an abductee missing from their house?
  • Are petitioners entitled to pre-arrest bail in a case involving heinous offences under sections 364 and 109 of the Pakistan Penal Code 1860 without sufficient material on record to justify it?
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