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. 14,893 judgments in total from the Peshawar High Court.

• Siraj-Ud-Din And 2 Other/Defendants vs Habib Bank Ltd:1994 PLD Peshawar 233 · Peshawar High Court · 1994-05-25Read full judgment →
• Sial Marjan and anothers vs The State1994 PLD Peshawar 238 · Peshawar High Court · 1994-05-14Read full judgment →
• Sial Marjan And Another vs The State1994 PLD Peshawar 238 · Peshawar High Court · 1994-05-14Read full judgment →
• Sher Muhammad, And Another vs Abdul Hakim And Another1994 PLD Peshawar 10 · Peshawar High Court · 1993-07-31Read full judgment →
• Sher Muhammad and anothers vs Abdul Hakim and anothers1994 PLD Peshawar 10 · Peshawar High Court · 1993-07-31Read full judgment →
• Shakeel Ahmad vs Chairman, WAPDA and others1994 PLD Peshawar 192 · Peshawar High Court · 1994-03-26Read full judgment →
• Shakeel Ahmad vs Chairman, WAPDA And Other1994 PLD Peshawar 192 · Peshawar High Court · 1994-03-26Read full judgment →
• Shah Nawaz vs Allied Bank of Pakistan Ltd.1994 PLD Peshawar 88 · Peshawar High Court · 1994-01-24Read full judgment →
• Sahibzada vs Rozi Khan and others1994 PLD Peshawar 55 · Peshawar High Court · 1993-12-01Read full judgment →
• Sahibzada vs Rozi Khan And Other1994 PLD Peshawar 55 · Peshawar High Court · 1993-12-01Read full judgment →
• Sabir and 3 others vs The State1994 PLD Peshawar 114 · Peshawar High Court · 1994-01-18
  dying declarationmurdercriminal appealevidentiary valuecorroborationsentence commutationocular evidence
  Summary & questions settled

  This criminal appeal, murder reference, and revision petition arose from the conviction of four appellants for murder under Section 302/34 of the Pakistan Penal Code 1860. The core legal questions concerned the evidentiary value and admissibility of a dying declaration, particularly regarding its lack of medical attestation and the absence of an expectation of death. The Court held that a dying declaration is admissible under Article 46 of the Qanun-e-Shahadat 1984, regardless of whether the declarant expected death. It further established that procedural omissions, such as failing to obtain a doctor's attestation, do not invalidate a dying declaration if the court is satisfied that the statement was voluntary and truthful. While the Court upheld the conviction of two appellants based on the dying declaration, it acquitted the other two due to lack of corroborative evidence. Consequently, the death sentences of the convicted appellants were commuted to life imprisonment, and the revision petition for enhancement was partially allowed regarding compensation.

  Questions settled

  • Is a dying declaration admissible as evidence if the declarant did not have an expectation of death at the time of making the statement?
  • Does the absence of medical attestation on a dying declaration automatically render it inadmissible or unreliable?
  • Can a conviction be sustained solely on the basis of a dying declaration without independent corroboration?
  • Does Section 162 of the Code of Criminal Procedure 1898 bar the use of a dying declaration as evidence?
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• Qadar Ali vs Superintendent, Central Jail, Harripur and 3 others1994 PLD Peshawar 35 · Peshawar High Court · 1992-06-30Read full judgment →
• Qadar Ali vs Superintendent, Central Jail, Harripur And 3 Other1994 PLD Peshawar 35 · Peshawar High Court · 1992-06-30Read full judgment →
• Phali Gul vs Shamsul Arifin and anothers1994 PLD Peshawar 171 · Peshawar High Court · 1994-03-05Read full judgment →
• Phali Gul vs Shamsul Arifin And Another1994 PLD Peshawar 171 · Peshawar High Court · 1994-03-05Read full judgment →
• Nazir Ahmad Khan Lughmani and others vs Member, Senior Federal Land1994 PLD Peshawar 74 · Peshawar High Court · 1993-11-13Read full judgment →
• Nazir Ahmad Khan Lughmani And Other vs Member, Senior Federal Land1994 PLD Peshawar 74 · Peshawar High Court · 1993-11-13Read full judgment →
• Nawabzada Col. Muhammad Khalid Khan vs Abdur Razaq and others1994 MLD 828 · Peshawar High Court · 1993-09-15Read full judgment →
• Nawabazada Mohsin Ali Khan And Other vs Goverment of N.W.F.P, And OtherK.L.R. 1994 Civil Cases 57 · Peshawar High Court · 1993-06-20Read full judgment →
• National Bank of Pakistan vs Khushal Khan1994 PLD Peshawar 284 · Peshawar High Court · 1994-02-12Read full judgment →
• National Bank of Pakistan vs Khushal Khan .1994 PLD Peshawar 284 · Peshawar High Court · 1994-02-12Read full judgment →
• Nasratullah vs The State1994 PLD Peshawar 141 · Peshawar High Court · 1994-02-02Read full judgment →
• Noor Khan vs Mumtaz Khan And 4 Other1994 CLC 1730 · Peshawar High Court · 1994-04-04Read full judgment →
• M/s. Asif Marble Industry, Mardan vs W Apda1994 CLC 2419 · Peshawar High Court · 1994-03-26Read full judgment →
• Mumtaz Khan vs The State1994 PLD Peshawar 68 · Peshawar High Court · 1993-12-29Read full judgment →
• Muhammad Zahoor vs Gul Muhammad and 3 others1994 PLD Peshawar 92 · Peshawar High Court · 1994-01-05Read full judgment →
• Muhammad Zahoor vs Gul Muhammad And 3 Other1994 PLD Peshawar 92 · Peshawar High Court · 1994-01-05Read full judgment →
• Muhammad Sharif vs Noor Ellahi and others1994 PLD Peshawar 255 · Peshawar High Court · 1994-06-12Read full judgment →
• Muhammad Riaz and 3 others vs The State1994 PLD Peshawar 102 · Peshawar High Court · 1994-02-08Read full judgment →
• Muhammad Riaz And 3 Other vs The State1994 PLD Peshawar 102 · Peshawar High Court · 1994-02-08Read full judgment →
• Muhammad Ishaq vs The StateK.L.R. 1994 Criminal Cases 19 · Peshawar High Court · 1993-09-20Read full judgment →
• Muhammad Iqbal and anothers vs The State and anothers1994 PLD Peshawar 274 · Peshawar High Court · 1994-06-12Read full judgment →
• Muhammad Iqbal And Another vs The State And Another1994 PLD Peshawar 274 · Peshawar High Court · 1994-06-12Read full judgment →
• Muhammad Hanif and others vs Subedar Sher Afzal1994 PLD Peshawar 188 · Peshawar High Court · 1994-02-02Read full judgment →
• Muhammad Hanif And Other vs Subedar Sher Afzal.1994 PLD Peshawar 188 · Peshawar High Court · 1994-02-02Read full judgment →
• Muhammad Askar Khan vs Agha Ejaz Hussain1994 PLD Peshawar 6 · Peshawar High Court · 1993-06-12Read full judgment →
• Muhammad Ashraf vs Faqir Muhammad and another1994 MLD 601 · Peshawar High Court · 1992-08-03Read full judgment →
• Muhammad Ashraf and 14 others vs Ziarat Gul1994 PLD Peshawar 48 · Peshawar High Court · 1993-10-30Read full judgment →
• Muhammad Ashraf And 14 Other vs Ziarat Gul1994 PLD Peshawar 48 · Peshawar High Court · 1993-10-30Read full judgment →
• Muhammad Akbar and Anoihbr vs Allah Ditta1994 PLD Peshawar 51 · Peshawar High Court · 1994-05-07Read full judgment →
• Mst. Wazira vs Qadir Gul1994 PLD Peshawar 183 · Peshawar High Court · 1994-01-24Read full judgment →
• Mst. Shaheen vs Zia Muhammad1994 PLD Peshawar 143 · Peshawar High Court · 1994-02-09
  habeas corpuschild custodyminorGuardian Courtwrit jurisdictionwelfare of minorsummary jurisdiction
  Summary & questions settled

  This matter concerns a habeas corpus petition filed by a mother seeking the custody of her minor son, aged two years and eight months, currently in the custody of his father. The core legal question was whether the High Court should exercise its extraordinary jurisdiction under section 491, Code of Criminal Procedure 1898 to grant custody, notwithstanding the concurrent jurisdiction of the Guardian Court. The Court dismissed the petition in limine, holding that the issuance of a writ under section 491, Code of Criminal Procedure 1898 is discretionary and contingent upon the existence of extraordinary circumstances, such as deceitful removal of a child or immediate threats to welfare. Distinguishing the present case from precedents where such writs were issued, the Court found that the disputed allegations regarding the mother’s character and the father’s maintenance of the child required the recording of evidence, which is the proper function of a Guardian Court. The key principle laid down is that where factual controversies regarding the welfare of a minor exist, the High Court will not exercise its summary jurisdiction under section 491, Code of Criminal Procedure 1898, directing parties instead to the Guardian and Wards Act 1890.

  Questions settled

  • Does the High Court have the discretion to decline a habeas corpus petition for child custody even when concurrent jurisdiction exists?
  • Is a habeas corpus petition under section 491, Code of Criminal Procedure 1898 an appropriate remedy when disputed facts regarding the welfare of a minor require the recording of evidence?
  • Under what circumstances will the High Court exercise its extraordinary jurisdiction to grant child custody in a habeas corpus petition?
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• Mst. Sabir Jana vs Haji Ayub Khan1994 PLD Peshawar 31 · Peshawar High Court · 1993-09-19Read full judgment →
• Mst. Rukia And Another vs Ghulam Shah And Another1994 PLD Peshawar 1 · Peshawar High Court · 1993-07-07
  succession certificatedeath compensationtarkasocial insuranceheritabilityrevision petition
  Summary & questions settled

  This revision petition arises out of proceedings for the cancellation of a succession certificate issued for the collection of social insurance death compensation received from the employer of the deceased in Saudi Arabia. The core legal question was whether social insurance death compensation constitutes part of the estate (Tarka) of the deceased and is thus heritable by his legal heirs according to Sharai shares, or whether it is a special grant exclusively for the dependents of the deceased. The Peshawar High Court held that social insurance death compensation is akin to a benevolent fund or grant from the employer rather than a prospective asset or life insurance policy realisable during the lifetime of the deceased; therefore, it does not form part of the Tarka of the deceased and does not devolve upon general legal heirs, but is meant for the dependents. The key principle laid down is that payments such as social insurance death compensation, being grants upon death not realisable during the lifetime, do not constitute the estate of the deceased for general inheritance, though specific nominations or circumstances may be considered.

  Questions settled

  • Whether social insurance death compensation forms part of the Tarka of a deceased employee and is heritable by his legal heirs?
  • Can social insurance death compensation received from an employer be equated with a life insurance policy?
  • Whether a succession certificate can be cancelled to redistribute death compensation among claimants?
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• Mst. Nasim Akhtar vs Sher Afzal and 3 others1994 PLD Peshawar 144 · Peshawar High Court · 1993-12-19Read full judgment →
• Mst. Nasim Akhtar vs Sher Afzal And 3 Other1994 PLD Peshawar 144 · Peshawar High Court · 1993-12-19Read full judgment →
• Muhammad Ashiq vs Abdul Jalil Usman And Other1994 CLC 2409 · Peshawar High Court · 1993-05-05Read full judgment →
• Mst. Hussain Jan and 8 others vs Muhammad Suleman through Legal Heirs1994 PLD Peshawar 95 · Peshawar High Court · 1993-11-22Read full judgment →
• Mst. Hussain Jan And 8 Other vs Muhammad Suleman Through Legal Heirs1994 PLD Peshawar 95 · Peshawar High Court · 1993-11-22Read full judgment →
• Mst. Gul Pari alias Gulbaro vs Zarin Khan and others1994 PLD Peshawar 249 · Peshawar High Court · 1994-02-09Read full judgment →
• Mst. Gul Pari Alias Gulbaro vs Zarin Khan And Other1994 PLD Peshawar 249 · Peshawar High Court · 1994-02-09Read full judgment →
• Mirsab Khan and others vs Parizad Khan and others1994 PLD Peshawar 148 · Peshawar High Court · 1993-12-22Read full judgment →
• Mirsab Khan And Other vs Parizad Khan And Other1994 PLD Peshawar 148 · Peshawar High Court · 1993-12-22Read full judgment →
• Mira Khan vs Abdul Ghawas and others1994 PLD Peshawar 209 · Peshawar High Court · 1993-12-20Read full judgment →
• Mira Khan vs Abdul Ghawas And Other1994 PLD Peshawar 209 · Peshawar High Court · 1993-12-20Read full judgment →
• Mir Azam vs The State1994 PLD Peshawar 155 · Peshawar High Court · 1993-11-16
  murderretracted confessionrecovery of dead bodycapital punishmentcriminal appealFIR delaykidnappingcorroboration
  Summary & questions settled

  This criminal appeal and State Reference concern the conviction of the appellant for the murder of Sahib Shah, kidnapping, and concealment of evidence. The core legal questions involved the reliability of the FIR, the voluntariness of the appellant's retracted confession, and the evidentiary value of the recovery of the deceased's body from the appellant's premises. The Peshawar High Court held that the prosecution successfully proved the murder charge beyond reasonable doubt, supported by the recovery of the body at the appellant's pointation and medical evidence, which corroborated the retracted confession. The court affirmed the conviction for murder and concealment of evidence but set aside the conviction for kidnapping under Section 364, Pakistan Penal Code 1860, finding that the deceased accompanied the appellant voluntarily. The principle established is that a retracted confession, when corroborated by material evidence like the recovery of a dead body, is sufficient to sustain a capital conviction, and an explained delay in lodging an FIR does not invalidate the prosecution's case.

  Questions settled

  • Can a retracted confession be used to sustain a conviction if corroborated by independent evidence?
  • Does a delay in lodging an FIR automatically invalidate the prosecution's case?
  • Is the recovery of a dead body at the pointation of the accused sufficient to corroborate a confession?
  • Does accompanying an accused voluntarily negate a charge of kidnapping under Section 364 of the Pakistan Penal Code 1860?
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• Mir Alam vs Shah Zaman And OtherK.L.R. 1994 Civil Cases 85 · Peshawar High Court · 1993-03-06Read full judgment →
• Mian Tahir Farid vs Mian Sarfraz Gul and anothers1994 PLD Peshawar 85 · Peshawar High Court · 1994-01-15Read full judgment →
• Mian Tahir Farid vs Mian Sarfraz Gul And Another1994 PLD Peshawar 85 · Peshawar High Court · 1994-01-15Read full judgment →
• Mian Sultan Yousaf vs Additional Secretary, Home and anothers1994 PLD Peshawar 70 · Peshawar High Court · 1993-02-01Read full judgment →
• Mian Sultan Yousaf vs Additional Secretary, Home And Another1994 PLD Peshawar 70 · Peshawar High Court · 1993-02-01Read full judgment →
• Maqsoodurrehman vs Mst. Janay by Legal Heirs1994 PLD Peshawar 58 · Peshawar High Court · 1993-11-13Read full judgment →
• Maqsood-Ur-Rehman vs Mst. Janay By Legal Heirs1994 PLD Peshawar 58 · Peshawar High Court · 1993-11-13Read full judgment →
• Major (Retd.) Abdur Rehman Khan vs The State and 2 others1994 PLD Peshawar 242 · Peshawar High Court · 1994-05-03Read full judgment →
• Major (R) Abdur Rehman Khan vs The State And 2 Other1994 PLD Peshawar 242 · Peshawar High Court · 1994-05-03Read full judgment →
• Madrassa Islamia Rehmania Haripur vs Muhammad Iqbal1994 CLC 1698 · Peshawar High Court · 1994-03-08Read full judgment →
• M.C., Peshawar vs Messrs Malik Beverages1994 PLD Peshawar 17 · Peshawar High Court · 1993-09-15Read full judgment →
• Khan Muhammad vs The State and another1994 MLD 1431 · Peshawar High Court · 1994-04-05Read full judgment →
• Khan Gul and others vs Azim Shah and anothers1994 PLD Peshawar 204 · Peshawar High Court · 1994-03-05Read full judgment →
• Khan Gul And Other vs Azim Shah And Another1994 PLD Peshawar 204 · Peshawar High Court · 1994-03-05Read full judgment →
• Jehandad vs The State1994 PLD Peshawar 279 · Peshawar High Court · 1994-03-06
  examination of accusedmandatory provisionscriminal trialvitiated trialstatutory procedureillegal omissionstatement of accused
  Summary & questions settled

  The appellant challenged his conviction and sentences under sections 326 and 452 of the Pakistan Penal Code 1860 passed by an Extra Assistant Commissioner/Magistrate Section 30. The core legal question was whether the failure to properly examine the accused under section 342 of the Code of Criminal Procedure 1898 and to comply with the mandatory certification and signature requirements of section 364 of the Code of Criminal Procedure 1898 vitiates the trial, and whether such an omission is curable under section 533 of the Code of Criminal Procedure 1898. The Peshawar High Court held that the provisions of sections 342 and 364 are mandatory, and their complete disregard—specifically the omission of the accused's signature and the requisite judicial certificate—constitutes an illegality that is not a mere irregularity and cannot be cured under section 533, thereby vitiating the trial. The court laid down the principle that where a statute prescribes a specific procedure for doing a thing, it must be performed in that exact manner or not at all, and non-compliance with mandatory procedural safeguards invalidates the subsequent proceedings.

  Questions settled

  • Does the omission of incriminating circumstances in the examination of an accused under section 342 of the Code of Criminal Procedure 1898 require a fresh examination?
  • Is the failure to obtain the signature of the accused and the requisite judicial certificate under section 364 of the Code of Criminal Procedure 1898 curable under section 533 of the Code of Criminal Procedure 1898?
  • Does non-compliance with the mandatory provisions of section 364 of the Code of Criminal Procedure 1898 vitiate the trial and judgment?
  • What is the legal effect when a statute provides a procedure for doing a thing in a particular manner?
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• Jan Ali vs Mst. Gul Raja and anothers1994 PLD Peshawar 245 · Peshawar High Court · 1994-05-24Read full judgment →
• Jan Ali vs Mst. Gul Raja And Another1994 PLD Peshawar 245 · Peshawar High Court · 1994-05-24Read full judgment →
• J. Noor Khan vs Mumtaz Khan And 4 Other1994 CLC 1730 · Peshawar High Court · 1994-04-04Read full judgment →
• Iqbal and anothers vs Federation of Pakistan through Secretary, Interior1994 PLD Peshawar 202 · Peshawar High Court · 1994-03-28Read full judgment →
• Iqbal And Another vs Federation of Pakistan Through Secretary, Interior1994 PLD Peshawar 202 · Peshawar High Court · 1994-03-28Read full judgment →
• Imran Khan vs The State1994 PLD Peshawar 173 · Peshawar High Court · 1994-03-09Read full judgment →
• Imperial Tiles Company, Peshawar. vs Deputy Commissioner of IncomeK.L.R. 1994 Tax & Custom Cases 182 · Peshawar High Court · 1994-09-18Read full judgment →
• Iftikhar Ali vs Principal, Ayub Medical College, Abbottabad and 41994 MLD 2472 · Peshawar High Court · 1994-08-11Read full judgment →
• Haq Nawaz vs Ghulam Shabir1994 CLC 1697 · Peshawar High Court · 1994-04-04Read full judgment →
• Haji Dost Muhammad and others vs Gul Din and others1994 PLD Peshawar 168 · Peshawar High Court · 1994-02-26Read full judgment →
• Haji Dost Muhammad And Other vs Gul Din And Other1994 PLD Peshawar 168 · Peshawar High Court · 1994-02-26Read full judgment →
• Hafizulhaq vs Haji Abdul Mastan1994 PLD Peshawar 235 · Peshawar High Court · 1994-05-15Read full judgment →
• Hafiz-Ul-Haq vs Haji Abdul Mastan1994 PLD Peshawar 235 · Peshawar High Court · 1994-05-15Read full judgment →
• Habiburrehman and anothers vs The State1994 PLD Peshawar 126 · Peshawar High Court · 1994-01-17Read full judgment →
• Habib-Ur-Rehman And Another vs The State1994 PLD Peshawar 126 · Peshawar High Court · 1994-01-17Read full judgment →
• Gul Sahib Khalil vs The District Judge, Peshawar and 4 others1994 MLD 2322 · Peshawar High Court · 1994-06-13Read full judgment →
• Government of N.W.F.P. through Secretary, Forest and others vs Said1994 MLD 2300 · Peshawar High Court · 1994-07-17Read full judgment →
• Ghulam Habib vs The State1994 PLD Peshawar 84 · Peshawar High Court · 1994-01-26Read full judgment →
• Ghuiam Habib vs The State1994 PLD Peshawar 84 · Peshawar High Court · 1994-01-26Read full judgment →
• Feroz Khan vs Muhammad Shuaib1994 CLC 1462 · Peshawar High Court · 1994-01-09
  ex parte decreesubstituted serviceforma pauperisservice of summonssetting aside decreeprocedural irregularityrecording of evidence
  Summary & questions settled

  This appeal challenges an order dismissing an application to set aside an ex parte decree. The appellants contended that the trial court failed to follow mandatory procedural requirements regarding service of summons under Order 5 of the Code of Civil Procedure 1908, specifically noting the absence of evidence from the process-server and lack of local witnesses or affidavits for substituted service. Furthermore, the appellants argued that the trial court erred by passing an ex parte decree without recording evidence and by failing to adhere to the procedural requirements for a suit instituted in forma pauperis under Order 33 of the Code of Civil Procedure 1908. The High Court held that the trial court failed to comply with the mandatory procedures for service of summons and the specific requirements for pauper suits. It further emphasized that trial courts must exercise judicial discretion regarding the necessity of recording evidence before passing an ex parte decree. Consequently, the Court set aside the impugned order and the ex parte decree, remanding the matter for the suit to be contested and proceeded with in accordance with the law.

  Questions settled

  • Can an ex parte decree be sustained if the trial court fails to record evidence to substantiate the plaintiff's claim?
  • Is a trial court required to examine the process-server when substituted service is challenged under the Code of Civil Procedure 1908?
  • Does the failure to follow the procedure for suits instituted in forma pauperis render a subsequent ex parte decree invalid?
  • Must a trial court record evidence on an application to set aside an ex parte decree when the validity of the service of summons is disputed?
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• Dr. Fawad Anwar vs Government of N: W.F.P. Through Secretary, Services1994 PLC (C.S.) 1642 · Peshawar High Court · 1994-05-10Read full judgment →
• District Council Haripur through Administrator, Deputy Commissioner, Haripur vs Zaheer Ullah Khan1994 PLD Peshawar 228 · Peshawar High Court · 1994-04-06Read full judgment →
• Dawar Khan and anothers vs Zubair Shah and 6 others1994 PLD Peshawar 200 · Peshawar High Court · 1994-04-05Read full judgment →
• Dawar Khan And Another vs Zubair Shah And 6 Other1994 PLD Peshawar 200 · Peshawar High Court · 1994-04-05Read full judgment →
• D1strict Council Haripur Through Administrator, Deputy Commissioner, Haripur vs Zaheer Ullah Khan1994 PLD Peshawar 228 · Peshawar High Court · 1994-04-06Read full judgment →
• Bahadur Khan vs The State1994 PLD Peshawar 19 · Peshawar High Court · 1993-07-10Read full judgment →
• Aziza Begum vs Mst. Badshahan and others1994 MLD 1741 · Peshawar High Court · 1992-06-03Read full judgment →
• Azad Khan and 2 others vs Mumtaz Khan and 4 others1994 PLD Peshawar 195 · Peshawar High Court · 1994-01-11Read full judgment →
• Azad Khan And 2 Other vs Mumtaz Khan And 4 Other1994 PLD Peshawar 195 · Peshawar High Court · 1994-01-11Read full judgment →