Pakistan Case LawLatest 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.
- Javid Iqbal vs Station House Officer, Police Station Factory Area, Sargodha and 3 others1995 P Cr. L J 1925 · Lahore High Court · 1995-05-08Read full judgment →
- Javid Iqbal Butt vs The StateK.L.R. 1995 Criminal Cases 295 · Lahore High Court · 1994-12-18Read full judgment →
- Javid Ahmad vs The StateK.L.R. 1995 Criminal Cases 242 · Lahore High Court · 1994-11-24Read full judgment →
- Javed SHUJAanothers vs Anjuman (Jamiat) Ahlehadis Masjid1995 CLC 1553 · Lahore High Court · 1995-03-16Read full judgment →
- Javed Shuja vs Auqaf DepartmentK.L.R. 1995 Civil Cases 453 · Lahore High Court · 1995-03-16Read full judgment →
- Javed Shuja vs Auqaf Department and others1995 CLC 1263 · Lahore High Court · 1995-03-16Read full judgment →
- Javed Mahmood vs Principal, Islamia College, Civil Lines, Lahore1995 CLC 652 · Lahore High Court · 1994-04-26Read full judgment →
- Javed Iqbal Khan vs District Collector and others1995 MLD 121 · Lahore High Court · 1994-09-25Read full judgment →
- Javed Iqbal Khan vs District Collector And Other1995 MLD 121 · Lahore High Court · 1994-09-25Read full judgment →
- Javed Iqbal alias Akhtar Shah vs The State1995 PLD Lahore 498 · Lahore High Court · 1995-02-20Read full judgment →
- Javaid Iqbal vs The State1995 P Cr. L J 1838 · Lahore High Court · 1995-05-21Read full judgment →
- Jan Muhammad vs The Settlement and Rehabilitation Commissioner, Sargodha Division, Sargodha1995 MLD 1491 · Lahore High CourtRead full judgment →
- Jan Muhammad vs Settlement and Rehabilitation CommissionerK.L.R. 1995 Civil Cases 348 · Lahore High Court · 1994-10-21Read full judgment →
- Jan Muhammad vs Abid Ali Etc.K.L.R. 1997 Civil Cases 717 · Lahore High Court · 1997-03-19Read full judgment →
- Jan Muhammad and others vs Gaman Khan1995 P Cr. L J 1371 · Lahore High Court · 1995-03-22Read full judgment →
Summary & questions settled
The petitioners sought the quashment of criminal proceedings pending before a Magistrate in a private complaint under sections 506, 148, and 149 of the Pakistan Penal Code 1860, alleging criminal intimidation and unlawful assembly. The core legal questions involved whether a private complaint filed as a counterblast to a civil suit for jactitation of marriage constitutes an abuse of the process of the court, and whether the failure of a Magistrate to record preliminary evidence personally vitiates the proceedings. The Lahore High Court held that the prosecution story was repellent to common sense, appeared to be a retaliation against the civil suit filed by the petitioner's minor daughter, and that recording evidence by a person other than the Magistrate is an illegality warranting quashment. The court laid down the principle that proceedings instituted as a mala fide counterblast to civil litigation, combined with procedural illegalities in recording preliminary evidence, amount to an abuse of the process of the court and are liable to be quashed under section 561-A of the Code of Criminal Procedure 1898.
Questions settled- Whether a private criminal complaint filed as a counterblast to an earlier civil suit constitutes an abuse of the process of the court?
- Is the failure of a Magistrate to record preliminary evidence personally an incurable illegality warranting quashment of proceedings?
- Whether criminal proceedings can be quashed under section 561-A of the Code of Criminal Procedure 1898 when the prosecution story is repellent to common sense and unsupported by medical evidence?
- Jan Muhammad and 6 others vs The State1997 MLD 81 · Lahore High Court · 1996-04-07Read full judgment →
- Jamshed Ali vs The State1995 P Cr. L J 130 · Lahore High Court · 1994-09-29Read full judgment →
- Jamshaid Ali And Other vs Chulam HassanK.L.R. 1995 Revenue Cases 97 · Lahore High Court · 1995-01-17Read full judgment →
- Jamshaid Ali and 2 others vs Ghulam Hassan1995 CLC 957 · Lahore High Court · 1994-12-22Read full judgment →
Summary & questions settled
This second appeal arises from a suit for pre-emption concerning land in Pakpattan. The trial court dismissed the suit under Section 24(2) of the Punjab Pre-emption Act, 1991, because the plaintiffs failed to deposit one-third of the sale price within the time fixed by the court. The central legal question was whether the court's failure to order the deposit within the mandatory 30-day period from the institution of the suit, as required by Section 24(1), invalidated the subsequent dismissal of the suit for non-compliance. The High Court held that the trial court's order for deposit, issued well beyond the 30-day statutory limit, was illegal. Consequently, the non-compliance with an invalid order could not result in the penalty of dismissal. The court emphasized that the act of the court should not prejudice any party and that statutory obligations placed upon the court must be strictly followed. The appeal was allowed, the decree set aside, and the case remanded for decision on merits, subject to the plaintiffs depositing the required amount within a newly fixed timeframe.
Questions settled- Does the failure of a court to order the deposit of the pre-emption sale price within the 30-day period prescribed by Section 24 of the Punjab Pre-emption Act, 1991, render a subsequent dismissal of the suit for non-compliance illegal?
- Can the doctrine of 'act of court shall prejudice no man' be invoked to save a pre-emption suit from dismissal when the court fails to perform its statutory duty regarding the deposit of sale price?
- Does an appellate court have the power to re-fix the time for deposit of the pre-emption sale price if the trial court's original order was passed beyond the statutory period?
- Jamil Ahmed vs The Chairman, Punjab Labour Appellate Tribunal, Lahore and others1995 PLC 293 · Lahore High Court · 1994-11-27Read full judgment →
- Jamil Ahmed vs The Chairman Punjab Labour Appellate Tribunal, LahoreK.L.R. 1995 Labour & Service Cases 116 · Lahore High CourtRead full judgment →
- Jamil Ahmad vs The Chairman Punab Labour Appellate TribunalK.L.R. 1995 Labour & Service Cases 122 · Lahore High CourtRead full judgment →
- Jamal Nasir vs The StateK.L.R. 1995 Criminal Cases 46 · Lahore High Court · 1994-10-11Read full judgment →
- Jam Ghulam Mustafa vs Muhammad Latif1995 CLC 1931 · Lahore High Court · 1995-07-09Read full judgment →
- Jalil Ahmad vs The State1995 MLD 782 · Lahore High Court · 1994-12-19Read full judgment →
- Jaleel Ahmad and others vs The State1995 P Cr. L J 1583 · Lahore High Court · 1995-04-03Read full judgment →
- Jahangir vs The State1995 P Cr. L J 1842 · Lahore High Court · 1995-04-25Read full judgment →
- Jahangir Ahmed Khan vs Punjab Labour Appellate Tribunal, Lahore1995 PLC 212 · Lahore High Court · 1994-10-03Read full judgment →
- Jaffaria Trust Plot No.6 Noorpura Shahan, Islamabad through Syed1995 PLD Lahore 11 · Lahore High Court · 1994-09-22Read full judgment →
Summary & questions settled
This constitutional petition was filed by the Jafferia Trust challenging the decision of the Board of Revenue holding that the sale deeds executed in favor of the petitioner for purchasing property for charitable and religious purposes are chargeable with stamp duty as "conveyances" under Article 23 of Schedule I of the Stamp Act, 1899, rather than as "settlements" under Article 58A(i). The core legal question was whether transactions where property is purchased by a charitable trust from vendors for consideration constitute "settlements" or "conveyances" for the purpose of stamp duty. The Lahore High Court held that the disputed deeds are "conveyances on sale" because the vendors received monetary consideration and the executants did not divest themselves of property for charitable purposes without consideration as required under the definition of "settlement" in section 2(24) of the Stamp Act. The court laid down the principle that the substance of a transaction, rather than its form or the motives of the parties, governs its true nature, and that contractual liability or potential hardship cannot alter the statutory classification of an instrument.
Questions settled- Whether a sale-deed executed in consideration of money paid to a vendor by a charitable trust qualifies as a "settlement" under section 2(24) of the Stamp Act 1899?
- Does the payment of stamp duty on a conveyance depend upon the form of the document or the substance of the transaction?
- Can financial hardship or contractual assumption of liability by a vendee transform a conveyance on sale into a settlement for the purpose of stamp duty?
- Islam Saeed Bhatti vs The State1995 P Cr. L J 1561 · Lahore High Court · 1995-03-22Read full judgment →
- Islam Saeed Bhatti vs Sarfraz Hussain For The State1995 MLD 1797 · Lahore High Court · 1995-06-19Read full judgment →
- Ishtiaq Hussain and anothers vs The State1995 MLD 1450 · Lahore High Court · 1994-12-14Read full judgment →
- Ishtiaq Hussain And Another vs The State1995 MLD 1450 · Lahore High Court · 1994-12-14Read full judgment →
- Ishaq vs The State1995 P Cr. L J 1538 · Lahore High Court · 1995-03-29Read full judgment →
- Iqbal vs The State1995 P Cr. L J 1253 · Lahore High Court · 1995-01-30Read full judgment →
- Iqbal Hussain vs The State and anothers1995 P Cr. L J 1835 · Lahore High Court · 1995-05-04Read full judgment →
Summary & questions settled
This criminal petition arises out of an order passed by the Additional Sessions Judge setting aside a Magistrate's refusal to grant physical remand and remanding the accused to police custody in a murder case registered under Section 302/34, Pakistan Penal Code 1860. The core legal questions involved whether a Magistrate's refusal to grant physical remand for the recovery of a weapon was lawful, and whether a complainant has the locus standi to file a criminal revision petition. The Lahore High Court held that the revisional jurisdiction of the court is very wide and functions as a duty to be exercised whenever relevant facts are brought to its notice, regardless of who brings them. The Court found that the Magistrate acted improperly by refusing physical remand in the face of grave circumstances and the need to recover the weapon of offence. The petition was accordingly dismissed in limine, affirming the Additional Sessions Judge's order for physical remand.
Questions settled- Does a complainant have the locus standi to file a criminal revision petition against a Magistrate's order refusing physical remand?
- Is the revisional jurisdiction of a court limited only to applications filed by specific parties or can it be exercised suo motu upon facts being brought to its notice?
- Can a Magistrate refuse physical remand when recoveries of the weapon of offence are yet to be made in a murder case?
- Iqbal Hussain vs S.Hilal Shamim, Etc.K.L.R. 1997 Civil Cases 516 · Lahore High Court · 1997-06-05Read full judgment →
- Iqbal Hussain vs Deputy Commissioner/Collector, Lahore and 3 others1995 PLD Lahore 381 · Lahore High Court · 1995-04-10Read full judgment →
Summary & questions settled
This constitutional petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973 raised the question of whether under Islamic law the legal heirs of a deceased wife can recover maintenance awarded to her against her husband after her death. The petitioner contended that maintenance is a personal right which abates upon death, relying on classical Hanafi juristic texts such as Hedaya, Fatawa Alamgiri, and Fatawa-i-Kazee Khan. The Lahore High Court held that while classical Hanafi jurisprudence viewed maintenance as an ex gratia grant that dropped upon death, consensus among Muslim jurists and statutory developments, including the Dissolution of Muslim Marriages Act, 1939, established maintenance as a legal right. Furthermore, the Court held that even if maintenance were considered a personal right, once it matures into a decree or order during the lifetime of the claimant, it perfects into property and forms part of the deceased's estate, surviving death and remaining executable by legal heirs under the established exception to actio personalis moritur cum persona. The petition was accordingly dismissed.
Questions settled- Whether the legal heirs of a wife can recover maintenance awarded against the husband after the death of the wife?
- Does a claim for maintenance abate upon the death of the wife under Islamic law as modified by statutory enactments?
- Does a personal action for maintenance mature into property and form part of the estate of the deceased when perfected by a decree or order?
- Can an order for payment of maintenance be executed by the legal heirs of the deceased wife during execution proceedings?
- Iqbal Hussain Through Legal Heir vs Sahib Khan1995 MLD 476 · Lahore High Court · 1992-12-09Read full judgment →
- Intizar Hussain and another vs The State1995 P Cr. L J 1630 · Lahore High Court · 1995-03-19Read full judgment →
- Industrial Development Bank of Pakistan vs M/s. Sheikh ImpexPTCL 1995 CL. 146 · Lahore High Court · 1994-08-18Read full judgment →
- Inayat vs The StateK.L.R. 1996 Criminal Cases 41 · Lahore High Court · 1996-03-19Read full judgment →
- Inayat Ullah and Another vs The StateK.L.R. 1997 Criminal Cases 273 · Lahore High Court · 1996-05-07Read full judgment →
- Inayat Ali Shah vs Anwar Hussain1995 CLC 1906 · Lahore High Court · 1995-05-16Read full judgment →
Summary & questions settled
This revision petition arose from a dispute concerning an exchange deed and a gift deed, which the respondent-plaintiff alleged were secured by the petitioner through fraud and misrepresentation while acting as a Patwari. The trial court initially dismissed the suit, but the lower appellate court reversed this decision, finding the documents fraudulent. The petitioner argued that the deeds were executed pursuant to an agreement to finance the respondent's pre-emption litigation. The High Court dismissed the revision, holding that the petitioner failed to substantiate the validity of the deeds and that the possession of the land remained with the plaintiff. The Court affirmed that the gift was invalid due to the absence of delivery of possession. Furthermore, the Court ruled that the alleged financing agreement was champertous and contrary to public policy. It emphasized that evidence cannot be led on facts not specifically pleaded, citing Order VI, Rules 2 and 4 of the Code of Civil Procedure 1908. Consequently, the Court upheld the findings of fraud and the invalidity of the contested transactions.
Questions settled- Can evidence be led on facts that were not specifically pleaded in the plaint or written statement?
- What are the essential conditions precedent to constitute a valid gift under Muhammadan Law?
- Is an agreement to finance litigation for a share in the property (champerty) enforceable under the law of contract?
- Does the failure to deliver possession invalidate a gift deed?
- Inam-Ur-Ehman vs Jalal Din and another1995 CLC 428 · Lahore High Court · 1992-11-08Read full judgment →
- In re: M/s. Zeenat Textile Mills Ltd. Faisalabad in Favour of M/s.1995 CLC 813 · Lahore High Court · 1994-12-04Read full judgment →
Summary & questions settled
This reference under Section 57 of the Stamp Act 1899 was made by the Chief Revenue Authority, Punjab, to determine whether a sale-deed executed by official liquidators in favour of a cooperative society was exempt from stamp duty under a 1919 notification, and who was liable to pay the same. The Lahore High Court held that the society was brought into existence after the transaction and bidding process were substantially completed, and the transaction did not relate to the business activities of the society as required by the exemption notification. Consequently, the sale-deed was not exempt from stamp duty. The Court further held that under Section 29 of the Stamp Act 1899 and Section 55(1)(d) of the Transfer of Property Act 1882, the liability to pay stamp duty rests upon the buyer, subject to any contrary agreement between the contracting parties.
Questions settled- Whether a sale-deed executed in favour of a cooperative society is exempt from stamp duty under the Notification of 1919 when the society was incorporated after the acceptance of the bid and initiation of the transaction?
- Who is primarily liable to pay the stamp duty on a sale-deed under the Stamp Act 1899 and the Transfer of Property Act 1882?
- Whether notifications issued under the repealed Cooperative Societies Act 1912 survived the enactment of subsequent legislation?
- Can an unborn society at the time of a commercial transaction claim the benefit of statutory exemptions designed for cooperative business activities?
- Imtiaz Rasul vs Board of Intermediate and Secondary Education1995 MLD 899 · Lahore High Court · 1995-02-13Read full judgment →
- Imtiaz Ahmad and anothers vs The State1995 MLD 1545 · Lahore High Court · 1994-07-07Read full judgment →
- Imtiaz Ahmad And Another vs The State1995 MLD 1545 · Lahore High Court · 1994-07-07Read full judgment →
- Ilyas Hussain vs The State1995 P Cr. L J 1080 · Lahore High Court · 1995-01-17Read full judgment →
- Ikram-Ud-Din and others vs Ghulam Ahmad Khan and others1995 MLD 1689 · Lahore High Court · 1994-06-13Read full judgment →
- Ikram Ud Din And Others vs Ghulam Ahmad Khan And Other1995 MLD 1689 · Lahore High Court · 1994-06-13Read full judgment →
- Ikhlaq Hussain CH. vs Lahore Development Authority, Etc.K.L.R. 1995 Civil Cases 448 · Lahore High Court · 1994-12-13Read full judgment →
- Ikhlaq Hussain and 7 others vs Lahore Development Authority through its DirectorGeneral, Lahore and another1995 CLC 1143 · Lahore High Court · 1994-12-13Read full judgment →
- Ikhlaq Ahmad and 10 others vs Ch. Muhammad Sharif and 3 others1995 CLC 239 · Lahore High Court · 1994-11-16Read full judgment →
- Ijaz Hussain vs The StateK.L.R. 1997 Criminal Cases 30 · Lahore High Court · 1994-10-04Read full judgment →
- Ijaz Hussain Shah Etc vs The StateK.L.R. 1995 Shariat Cases 15 · Lahore High Court · 1994-09-29Read full judgment →
- Ijaz Hussain Shah and others vs The State1995 P Cr. L J 16 · Lahore High Court · 1994-09-29Read full judgment →
- Ijaz Ahmed vs The State1995 P Cr. L J 1183 · Lahore High Court · 1994-08-30Read full judgment →
- Ijaz Ahmad vs The State1995 MLD 1281 · Lahore High Court · 1994-08-30Read full judgment →
- Ijaz Ahmad Butt vs The StateK.L.R. 1997 Criminal Cases 651 · Lahore High Court · 1992-05-21Read full judgment →
- Iftikhar Ali vs Assistant Commissioner, Saddar Sub-Division, Tehsil1995 PLC (C.S.) 219 · Lahore High Court · 1994-08-17Read full judgment →
- Iftikhar Ahmad alias Dani vs The State1995 PLD Lahore 606 · Lahore High Court · 1995-07-02Read full judgment →
Summary & questions settled
This criminal appeal challenges the conviction of the appellant under Section 13 of the West Pakistan Arms Ordinance 1965, for allegedly possessing an unlicensed Klashnikov. The core legal questions were whether the prosecution successfully proved the recovery of the weapon beyond reasonable doubt and whether the investigation conducted by the C.I.A. staff was legally competent. The Lahore High Court held that the prosecution failed to prove its case, citing irreconcilable discrepancies in witness testimonies, the implausibility of the appellant escaping from a large police contingent, and the failure to have the weapon examined by a fire-arms expert. Furthermore, the Court held that the investigation was illegal because the C.I.A. staff, not being a notified police station, lacked the authority to investigate cognizable cases on their own motion without authorization from the Officer-in-Charge of a police station or the District Superintendent of Police. The Court acquitted the appellant, emphasizing that investigations must strictly adhere to the procedural requirements of the Code of Criminal Procedure 1898 to ensure the legality of criminal proceedings.
Questions settled- Does the C.I.A. staff have the legal authority to investigate cognizable cases on their own motion?
- Is a conviction sustainable when the alleged weapon was not examined by a fire-arms expert?
- Who is authorized to investigate a cognizable case under the Code of Criminal Procedure 1898?
- Can a police officer conduct an investigation without being specifically deputed by the Officer-in-Charge of a police station?
- Idara-E-Kissan vs Registrar of Trade Union, Lahore and others1995 PLC 134 · Lahore High Court · 1994-12-04Read full judgment →
Summary & questions settled
This writ petition challenged the registration of a trade union by the Registrar of Trade Unions for the petitioner-society, Idara-e-Kissan. The core legal questions were whether the society constituted an industry under the Industrial Relations Ordinance, 1969, and whether the Registrar was legally required to issue notice to the employer before registering a trade union. The Court held that the society, which engaged in systematic production, distribution, and sale of milk, constituted an industry under the Ordinance, as it involved organized cooperation between labor and capital to provide material services, irrespective of profit motives. Regarding the second issue, the Court determined that although the Ordinance does not explicitly mandate notice to the employer, principles of natural justice and social justice necessitate that the Registrar associate the employer in registration proceedings. This ensures the verification of material facts, such as the status of members as workmen. Consequently, the Court set aside the registration order and remanded the matter to the Registrar to provide the employer an opportunity of being heard before deciding the registration application.
Questions settled- Does a society engaged in the systematic production and sale of milk constitute an industry under the Industrial Relations Ordinance, 1969?
- Is the Registrar of Trade Unions required to provide notice to an employer before registering a trade union under the Industrial Relations Ordinance, 1969?
- Does the principle of natural justice require an employer to be heard during the registration process of a trade union?
- Idara-E-Kissan vs Registrar of Trade Union Lahore EtcK.L.R. 1995 Labour & Service Cases 80 · Lahore High Court · 1994-11-08Read full judgment →
- Idara Tehrik-E-Qanoon vs Secretary, Government of Punjab and others1995 MLD 1138 · Lahore High Court · 1994-09-21Read full judgment →
- Idara Tehrik E Qanoon vs Secretary, Government of Punjab And. Other1995 MLD 1138 · Lahore High Court · 1994-09-21Read full judgment →
- I Erstts vs The StateK.L.R. 1997 Criminal Cases 146 · Lahore High Court · 1996-10-09Read full judgment →
- Hussain Bakhsh vs Muhammad Ali1995 CLC 1257 · Lahore High Court · 1994-09-21Read full judgment →
- Hudabiya Engineering (Pvt.) Ltd. vs Government of Pakistan and 61995 CLC 893 · Lahore High Court · 1994-12-20Read full judgment →
- Hud Ariya Engineering (Pvt.) Ltd. vs Pakistan (through Secretary Ministry of Interior, Government of Pakistan), Islamabad And 6 Others1997 P.C.T.L.R. 1390 · Lahore High CourtRead full judgment →
- Hidayat Ullah vs The State1995 MLD 1264 · Lahore High Court · 1995-03-13Read full judgment →
- Hayat vs The StateK.L.R. 1997 Criminal Cases 256 · Lahore High Court · 1997-02-04Read full judgment →
- Hassan Amin vs Dr. Khurshid Anwar Mian1995 CLC 287 · Lahore High Court · 1994-11-10Read full judgment →
- Hasham and 7 others vs The State and 2 others1997 MLD 2075 · Lahore High Court · 1997-01-27Read full judgment →
- Hasan Khan vs The StateK.L.R. 1995 Criminal Cases 463 · Lahore High Court · 1994-06-22Read full judgment →
- Has San And 2 Other vs HussainK.L.R. 1997 Civil Cases 506 · Lahore High Court · 1995-11-13Read full judgment →
- Haq Nawaz vs The StateK.L.R. 1997 Criminal Cases 32 · Lahore High Court · 1996-03-03Read full judgment →
- Haq Nawaz Etc. vs Province of Punjab, through Chief Secretary, CivilK.L.R. 1997 Shariat Cases 23 · Lahore High CourtRead full judgment →
- Haq Nawaz Alias Kooki And Another vs The State1997 K.L.R. Criminal Cases 705 · Lahore High Court · 1997-07-04Read full judgment →
- Haq N Awaz' and others vs Province of the Punjab through Chief1997 MLD 299 · Lahore High Court · 1996-08-13Read full judgment →
- Haq Dad Khan vs D.M. MianwaliK.L.R. 1995 Criminal Cases 388 · Lahore High Court · 1994-07-11Read full judgment →
- Hameedullah vs The State1995 P Cr. L J 1011 · Lahore High Court · 1994-02-28Read full judgment →
- Hameed Ullah Khan vs The StateK.L.R. 1997 Criminal Cases 296 · Lahore High Court · 1996-12-08Read full judgment →
- Halima Bibi vs Khan Muhammad Etc.K.L.R. 1995 Revenue Cases 81 · Lahore High Court · 1995-03-22Read full judgment →
- Haji Muzaffar Khan vs The StateK.L.R. 1997 Criminal Cases 388 · Lahore High Court · 1996-11-18Read full judgment →
- Haji Mushtaq Ahmad vs The State1995 P Cr. L J 1019 · Lahore High Court · 1994-02-07Read full judgment →
- Haji Muhammad Yousaf vs The State And AnotherK.L.R. 1997 Criminal Cases 607 · Lahore High Court · 1996-02-12Read full judgment →
- Haji Muhammad vs The State1995 P Cr. L J 124 · Lahore High Court · 1994-08-10Read full judgment →
- Haji Muhammad Asghar vs The State1995 P Cr. L J 1520 · Lahore High Court · 1995-04-10Read full judgment →
- Haji Muhammad Asghar Javed vs Sajjad Ahmad alias Nona and anothers1995 P Cr. L J 1891 · Lahore High Court · 1995-04-25Read full judgment →
- Haji Muhammad Akram vs The State1995 MLD 1161 · Lahore High Court · 1994-11-29Read full judgment →
- Haji Mahmood Ahmad vs Hassan Muhammad1995 CLC 681 · Lahore High Court · 1994-05-25Read full judgment →
- Haji Imam Bakhsh vs S.H.O. Police Station Saddar Lodhran, Etc.K.L.R. 1997 Criminal Cases 640 · Lahore High Court · 1995-11-13Read full judgment →
- Haji Ahmad vs The StateK.L.R. 1997 Criminal Cases 666 · Lahore High Court · 1997-09-09Read full judgment →
- Hafiz Ahmad vs The Superintendent of Police, District Layyah and others1995 P Cr. L J 967 · Lahore High Court · 1995-02-22Read full judgment →
- Hafiz Abdul Waheed vs Muhammad ArshadK.L.R. 1997 Shariat Cases 121 · Lahore High CourtRead full judgment →
- Hadayatullah vs The State1995 P Cr. L J 681 · Lahore High Court · 1994-12-04Read full judgment →
- Habibulwahab Alkhairi and others vs Federation of Pakistan and others1995 PLD Lahore 27 · Lahore High Court · 1994-09-04Read full judgment →
Summary & questions settled
This matter involved multiple constitutional petitions challenging the elevation and non-confirmation of various judges to the Lahore High Court, alleging that appointments were made on political considerations, with mala fides, and in violation of Islamic injunctions regarding women judges. The petitioners also contended that an Acting Chief Justice lacks the authority to recommend judicial appointments. The core legal questions revolved around the constitutional validity of judicial appointments based on political affiliations, the eligibility of women as judges under Islamic law and the Constitution, the scope of an Acting Chief Justice's powers under Article 196, and whether high court practice is a mandatory prerequisite under Article 193. The court held that pre-service political affiliation or bar association membership does not disqualify a person from judicial office, women are fully eligible to be appointed as judges, an Acting Chief Justice is competent to make recommendations, and enrolment as an advocate of the High Court for ten years satisfies the qualification requirement regardless of actual practice location. The petitions were dismissed in limine.
Questions settled- Whether pre-service political affiliation or membership of a political party disqualifies a person from being appointed as a judge of the High Court?
- Does Article 193 of the Constitution of Pakistan 1973 prohibit the appointment of women as judges of the High Court?
- Whether an Acting Chief Justice of a High Court is competent to make recommendations for the appointment of judges?
- Does the requirement of being an advocate of a High Court for a period of not less than ten years under Article 193 necessitate actual practice exclusively within the High Court?
- Habib-Ur-Rehman vs Maula BakhshK.L.R. 1997 Shariat Cases 1 · Lahore High Court · 1996-05-06Read full judgment →