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. 232,594 judgments in total.

• Mudassar Iqbal vs The State1997 P Cr. L J 1962 · Lahore High Court · 1997-06-03Read full judgment →
• Mubin Ali Siddiqui Alias Hamayun vs The State1997 MLD 2479 · Sindh High Court · 1994-09-01Read full judgment →
• Mubarik Shah vs The State1997 P Cr. L J 2083 · Lahore High Court · 1997-05-15Read full judgment →
• Mubarik Shah Alias Mubarik Hussain And 3 Others vs Mst. Soofia Aftab1997 MLD 923 · Sindh High Court · 1995-12-18Read full judgment →
• Mubarik Ali Mehboobi vs United Bank Limited Through Its President, Karachi And 3 Others1997 PLC 188 · Labour Appellate Tribunal · 1996-09-14Read full judgment →
• Mubarak Hussain And Others vs Government of Pakistan Through Secretary, Rehabilitation And Works Division, Islamabad And Other1997 SCMR 190 · Supreme Court of Pakistan · 1996-06-12
  settlement lawsrevisional jurisdictionres judicatafraudulent allotmentremand orderrepeal of statutespending proceedings
  Summary & questions settled

  This petition for leave to appeal challenged a Lahore High Court order remitting a land allotment dispute to the Board of Revenue/Chief Settlement Commissioner for a fresh decision. The dispute originated from allegations that a respondent fraudulently increased claim units and obtained allotments. The petitioners argued that the High Court lacked jurisdiction to remand the case following the repeal of settlement laws under the Evacuee Property and Displaced Persons Laws (Repeal) Act, 1975, and that the matter was barred by res judicata due to a previous High Court order. The Supreme Court held that the High Court's revisional jurisdiction remained valid post-repeal by virtue of Section 6 of the General Clauses Act, 1897, which saves pending legal proceedings. Furthermore, the Court rejected the res judicata argument, noting that the current allegations of fraud were not previously adjudicated. The Court affirmed that remand orders to investigate fraud are appropriate and do not warrant interference under Article 185(3) of the Constitution. The principle established is that pending settlement proceedings are saved by the General Clauses Act, and allegations of fraud justify remand for inquiry.

  Questions settled

  • Does the repeal of settlement laws under the Evacuee Property and Displaced Persons Laws (Repeal) Act, 1975, extinguish pending revisional proceedings in the High Court?
  • Can a High Court remand a case for fresh inquiry into allegations of fraud despite the repeal of the Displaced Persons (Land Settlement) Act, 1958?
  • Does the doctrine of res judicata apply to subsequent proceedings involving allegations of fraud that were not the subject-matter of previous litigation?
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• Mubarak Ali And Another vs Messrs Modern Textile Mills Ltd., Tando Jam, Sindh1997 PLC 390 · Labour Appellate Tribunal · 1996-05-14Read full judgment →
• Mubarak Ali And Another vs Government of Punjab Through Secretary, Industries And Mineral Development Department1997 PLC (C.S.) 284 · Supreme Court of Pakistan · 1995-10-15
  regularisation of servicecontract appointmentad hoc employeesvested rightdiscriminationsupreme court of pakistan
  Summary & questions settled

  This is a petition for leave to appeal directed against the order of the Lahore High Court, which dismissed the petitioners' writ petition seeking regularisation of their services as Assistant Engineers. The core legal question involved whether contract employees appointed after the cut-off date for ad hoc regularisation possess a vested right to regularisation and equal treatment. The Supreme Court of Pakistan held that since the petitioners were appointed on a contract basis after the specified cut-off date of 17-1-1989, and not on an ad hoc basis, they had no vested right to regularisation upon the expiry of their contract period. Furthermore, the claim of discriminatory treatment failed as the petitioners could not furnish particulars of any similarly situated persons. The Court laid down the principle that contract employees cannot claim the benefit of regularisation policies specifically meant for ad hoc employees appointed prior to a designated cut-off date, and upheld the High Court's dismissal of the writ petition.

  Questions settled

  • Do contract employees appointed after a specified cut-off date have a vested right to regularisation?
  • Can employees appointed on contract basis claim the benefit of regularisation policies meant for ad hoc employees?
  • Whether the termination of contract employment upon the expiry of the contract period violates any legal right?
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• Mst., Ajaib Sultana And Another vs Gohar Ur Rehman And 5 Other1997 SCMR 1412 · Supreme Court of Pakistan · 1995-02-22
  leave to appealcolonization of government landsproprietary rightslimited estatealienation of landreversionary rightsshariat application act
  Summary & questions settled

  This petition seeks leave to appeal against the judgment of the Lahore High Court upholding the concurrent decrees in favor of the respondents, who challenged a gift of State land made by the female holder to her son. The original land was allotted as an army grant in 1905, and proprietary rights were later acquired. The lower courts and the High Court held that section 30-A of the Colonization of Government Lands (Punjab) Act, 1912 placed a clog on the alienation of the property, creating a life estate that reverted to the heirs of the original allottee, and that the West Pakistan Muslim Personal Law (Shariat) Application Act did not apply. The Supreme Court observed that the question of whether the respondents' suit was hit by section 2-A of the West Pakistan Muslim Personal Law (Shariat) Application Act, 1962, and whether the resulting decree was void, required deeper examination. Consequently, the Supreme Court granted leave to appeal to examine the matter further.

  Questions settled

  • Whether a female holder who acquires proprietary rights of land allotted under the Colonization of Government Lands (Punjab) Act, 1912 holds a limited estate subject to a clog on alienation under section 30-A?
  • Do the provisions of section 2-A of the West Pakistan Muslim Personal Law (Shariat) Application Act, 1962 nullify reversionary rights to challenge alienations made in respect of estates held under the Colonization of Government Lands (Punjab) Act, 1912?
  • Does section 2-A of the West Pakistan Muslim Personal Law (Shariat) Application Act, 1962 apply to cases where female heirs succeeded to a tenancy under section 20 of the Colonization of Government Lands (Punjab) Act, 1912 rather than male heirs under custom?
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• Mst. Zubaida vs S.H.O. P.S. Ghumand Pur1997 MLD 1503 · Lahore High Court · 1995-08-20Read full judgment →
• Mst. Zubaida Rashid And 4 Others vs Muhammad Hussain Butt1997 MLD 625 · Supreme Court of Azad Jammu and Kashmir · 1996-10-29Read full judgment →
• Mst. Zarina vs The State1997 P Cr. L J 1271 · Lahore High Court · 1995-03-14Read full judgment →
• Mst. Zaibunnisa Alias Zaitoon vs Federation of Pakistan1997 MLD 1706 · Sindh High Court · 1996-08-26Read full judgment →
• Mst. Zaib UN Nisa vs The State1997 MLD 2596 · Lahore High Court · 1994-11-15Read full judgment →
• Mst. Waziran vs The State1997 P Cr. L J 1508 · Lahore High Court · 1997-04-02Read full judgment →
• Mst. Wazir Begum Alias Waziran Bibi vs Additional District Judge, Arifwala, District Pakpattan Sharif And Other1997 CLC 1654 · Lahore High Court · 1997-05-06
  amendment of pleadingswritten statementwithdrawal of admissionwrit jurisdictionmaintainability of constitutional petitionrevisional orderdiscretion of court
  Summary & questions settled

  This constitutional petition challenged the concurrent orders of the Civil Court and the Additional District Judge, which dismissed the petitioner's application to amend their written statement in a pending declaratory suit. The core legal questions were whether a defendant can amend a written statement to withdraw a previous admission, and whether a constitutional petition is maintainable against a revisional order passed by a District Court in civil litigation. The Court held that the petition was not maintainable, citing Supreme Court precedents establishing that revisional orders arising from civil proceedings cannot be challenged via constitutional petitions. Furthermore, on the merits, the Court held that a party cannot be permitted to amend pleadings to resile from an admission made in an earlier written statement, especially when the amendment is not bona fide and seeks to introduce an inconsistent case. The Court emphasized that while mistakes of fact may sometimes be rectified, courts retain discretion to refuse amendments intended to revoke admissions, particularly when the request lacks good faith and contradicts the established record.

  Questions settled

  • Can a defendant amend a written statement to withdraw an admission made in the original pleadings?
  • Is a constitutional petition maintainable against a revisional order passed by a District Court in civil litigation?
  • Under what circumstances can a court refuse an application for the amendment of a written statement?
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• Mst. Wallan vs Hassan Nawaz Tarar and others1997 P Cr. L J 1748 · Lahore High Court · 1997-05-21Read full judgment →
• Mst. Tehmina Khan vs Muhammad Jehanzeb Khan Bharwana1997 PLD Lahore 541 · Lahore High Court · 1997-06-16Read full judgment →
• Mst. Surriya Anis And Others vs Bunyad Ali1997 MLD 700 · Sindh High Court · 1996-05-02Read full judgment →
• Mst. Surria Bibi vs Additional District Judge Khanpur And 2 Other1997 CLC 1317 · Lahore High Court · 1996-07-21Read full judgment →
• Mst. Sumera Bibi And Another vs S.H.O., Police Station Chaubara, District Layyah And 2 Other1997 MLD 1443 · Lahore High Court · 1996-10-16Read full judgment →
• Mst. Shazia Shabbir vs The Chairman, Board of Intermediate and Secondary Education, Multan And Other1997 CLC 497 · Lahore High Court · 1994-11-13Read full judgment →
• Mst. Shariffan Bibi vs Messrs State Life Insurance Corporation Through Chairman1997 MLD 1118 · Sindh High Court · 1996-08-05Read full judgment →
• Mst. Shahida Kausar vs Mst. Sardar Begum And 2 Other1997 MLD 965 · Northern Areas Chief Court · 1996-03-11
  guardianshipcustody of minorswelfare of minorreview petitionguardian and wardsMuslim personal law
  Summary & questions settled

  This matter arises from two review petitions filed against the judgment of the Judicial Commissioner which had set aside the Guardian Judge's order and granted the custody of two minor girls to the respondents (the paternal grandmother and paternal aunt). The core legal questions involve the determination of the welfare of minors, the effect of adverse interests of a proposed guardian, the impact of a second marriage by the mother, and the relevance of religious sects in guardianship matters. The court held that the welfare of the minors is the supreme and paramount consideration, superseding all other circumstances, and that a person whose interests are adverse to the minor cannot be appointed guardian. The court further held that sect is subordinate to religion, and that the real mother, being educated and capable, is the most suitable person for custody compared to old and financially insecure respondents. The review petition of the mother was accepted, setting aside the previous judgments, and she was appointed guardian of the person and property of the minors.

  Questions settled

  • Whether a person whose interest is adverse to the minor can be appointed as a guardian of the person and property of the minor?
  • Does the remarriage of a mother automatically disqualify her from seeking the custody of her minor children?
  • Whether difference in religious sects between the deceased father and mother is a material consideration in the appointment of a guardian?
  • What are the paramount considerations for courts while deciding the appointment of a guardian under the Guardians and Wards Act?
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• Mst. Shahida Ali vs Karachi Road Transport Corporation Through Chairman And Another1997 MLD 2682 · Sindh High Court · 1995-07-10Read full judgment →
• Mst. Shaheen vs Karachi Building Control Authority1997 PLJ Lahore 1466, 1997 PLD Karachi 659 · Sindh High Court · 1997-08-13Read full judgment →
• Mst. Shah Azizan and another vs The State1997 P Cr. L J 1563 · Lahore High Court · 1997-03-03Read full judgment →
• Mst. Shabana Niazi vs Muhammad Khalilur Rehman and 2 others1997 P Cr. L J 746 · Sindh High Court · 1994-08-18
  custody of minorreview applicationinherent jurisdictioncriminal procedureHizanatGuardians and Wards ActHigh Court jurisdiction
  Summary & questions settled

  This review application challenged a previous High Court judgment that ordered the transfer of a minor's custody from the father to the mother under Section 491, Code of Criminal Procedure 1898. The core legal question was whether the High Court possesses the jurisdiction to review its own final judgment in a criminal matter and whether the previous custody order was legally sustainable. The court dismissed the review application, holding that under Section 369, Code of Criminal Procedure 1898, the High Court is precluded from reviewing its own final orders in criminal proceedings. The court further clarified that inherent powers under Section 561-A, Code of Criminal Procedure 1898, cannot be invoked to bypass express statutory prohibitions or to function as an appellate court. The principle established is that the High Court lacks the authority to review its final criminal judgments, and custody orders passed under Section 491, Code of Criminal Procedure 1898, are interlocutory in nature and remain subject to final adjudication by the competent court under the Guardians and Wards Act 1890.

  Questions settled

  • Does the High Court have the power to review its own final judgment in a criminal matter?
  • Can the inherent powers under Section 561-A of the Code of Criminal Procedure 1898 be used to review a final judgment?
  • Are custody orders passed under Section 491 of the Code of Criminal Procedure 1898 subject to the jurisdiction of the Guardians and Wards Act 1890?
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• Mst. Sattan Bibi vs Rana Nasrullah Khan, S.H.O., P.S. Massen, Jhang And 31997 MLD 1446 · Lahore High Court · 1996-10-31Read full judgment →
• Mst. Sarwar Begum vs Muhammad Sharif And Another1997 CLC 1327 · Lahore High Court · 1996-05-20Read full judgment →
• Mst. Sardar Begum vs Darwesh Muhammad1997 PLD Lahore 730 · Lahore High Court · 1997-07-29
  pre-emption suitpersonal appearancecivil revisiondismissal of suitdiscretionary powerCode of Civil Procedureplaint signature
  Summary & questions settled

  This civil revision arises from a pre-emption suit filed by the petitioner, which was dismissed by the trial court due to her failure to appear in person as directed. The core legal question was whether the trial court correctly exercised its discretion under Order X, Rule 4(2) of the Code of Civil Procedure 1908 to dismiss the suit when the plaintiff failed to appear to clarify whether she had signed the plaint, despite being represented by counsel and a special attorney. The Lahore High Court upheld the dismissal, ruling that the trial court's direction for personal appearance was justified because the defendant specifically challenged the authenticity of the plaint's signature—a fact only the plaintiff could personally verify. The Court held that when a party fails to comply with a court's lawful direction to appear without a valid excuse, and the presence is essential for the adjudication of a specific factual dispute, the court is empowered to pronounce judgment against the defaulting party. The revision petition was dismissed, affirming that the trial court acted within its discretionary authority.

  Questions settled

  • Can a court dismiss a suit under Order X Rule 4(2) of the Code of Civil Procedure 1908 if a party fails to appear in person without a lawful excuse?
  • Is the personal appearance of a plaintiff mandatory when the authenticity of the signature on the plaint is specifically challenged by the defendant?
  • Does the presence of a counsel or special attorney satisfy the requirement of personal appearance when the court specifically orders a party to appear to resolve a factual dispute?
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• Mst. Samina Sheikh vs Vice Chancellor, University of the Punjab1997 CLC 290 · Lahore High Court · 1996-06-06Read full judgment →
• Mst. Saleh Bibi vs Muhammad Younis And Another1997 SCMR 1222 · Supreme Court of Pakistan · 1995-05-15
  leave to appealocular evidencedelay in FIRnatural witnessesacquittalcriminal appeal
  Summary & questions settled

  This petition for leave to appeal challenges the High Court's acquittal of the respondent, who was initially convicted by the trial court for the murder of the deceased and house trespass. The prosecution's case rested on ocular testimony from the deceased's mother and brother, who witnessed the respondent entering their home and firing at the deceased. While the trial court accepted this testimony, the High Court acquitted the respondent, primarily citing a delay in lodging the First Information Report (FIR). The petitioners argue that the eye-witnesses were natural witnesses present at the scene, had sufficient opportunity to identify the assailant, and were preoccupied with transporting the injured victim to the hospital, which explains the delay in reporting. The core legal question is whether the High Court erred in rejecting the testimony of natural eye-witnesses solely on the basis of a delay in the FIR registration. The Supreme Court granted leave to appeal, finding that the contentions regarding the credibility of the eye-witnesses and the explanation for the delay in the FIR required further examination.

  Questions settled

  • Can the testimony of natural eye-witnesses be rejected solely on the ground of delay in lodging the First Information Report?
  • Does the act of rushing an injured victim to the hospital provide a valid explanation for a delay in reporting a crime to the police?
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• Mst. Sakeena Bibi And Another vs S.H.O., P.S. Lalian, District Jhang And 21997 MLD 962 · Lahore High Court · 1995-08-15Read full judgment →
• Mst. Sajida Bibi vs Station House Officer, Jaranwala, District1997 P Cr. L J 788 · Lahore High Court · 1995-08-16Read full judgment →
• Mst. Sajida Bibi and another vs Incharge, Chouki No.2,</p> <p>Police1997 PLD Lahore 666 · Lahore High Court · 1997-04-02
  constitutional petitionpolice harassmentvalid marriagefundamental rightsright to lifeprotection of familydowergift
  Summary & questions settled

  This constitutional petition was filed by a newly married couple seeking restraint against police harassment and interference in their marital life. The core legal question involved the extent of police authority to interfere in marriages contracted without parental consent and the constitutional protection afforded to family life. The Lahore High Court held that major and sane Muslims have the fundamental right to contract marriage of their own free will, and once a bona fide marriage is validly contracted, the police have no jurisdiction to disrupt the marital life, harass the couple, or attempt to secure a divorce through coercion. The Court ruled that family disputes regarding the validity of a marriage fall exclusively within the jurisdiction of Family or Civil Courts. Laying down key principles, the Court emphasized that Article 35 read with Article 9 of the Constitution of Pakistan mandates the State and its functionaries to protect marriage, family, and the personal liberty of citizens to live together peacefully, while outlining factors such as adequate dower or subsequent gifts of immovable property to determine the bona fides of a marriage.

  Questions settled

  • Whether the police have the authority to interfere in the marital life of a couple who have contracted a marriage without the consent of their parents?
  • Does the right to life under Article 9 of the Constitution of Pakistan 1973 encompass the right of a married couple to live together peacefully without harassment?
  • Can the police compel a woman to separate from her husband or deliver her to the custody of her parents in matrimonial disputes?
  • What factors should investigating officers consider when determining the bona fides of a marriage allegedly contracted to cover up a criminal offense?
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• Mst. Saima Syed And Another vs The S.H.O., Shahdara, Lahore And Another1997 MLD 1573 · Lahore High Court · 1993-11-08Read full judgment →
• Mst. Saima Shamas And Another vs Muhammad Afzal And 4 Other1997 CLC 332 · Lahore High Court · 1996-02-29Read full judgment →
• Mst. Saghiri Begum And Others vs Ch: Ali Muhammad And Other1997 SCMR 20 · Supreme Court of Pakistan · 1995-01-18
  evacuee propertysettlement proceedingsallotment of landwrit petitionleave to appeal
  Summary & questions settled

  This is a petition for leave to appeal directed against the order dated 18-4-1993 passed by the Lahore High Court in a writ petition arising from evacuee property settlement proceedings. The core legal question concerns whether the High Court, after affirming the finding that an informer was not entitled to excess land allotment, could validly restore an administrative order that favored the said informer without clarification. The Supreme Court granted leave to appeal, holding that the contention raised by the petitioners had force and required examination as to whether the High Court's judgment contained a contradiction regarding the restoration of the allotment order in favor of the informer. The principle laid down is that appellate or constitutional review of administrative orders must be internally consistent, particularly regarding specific allotments and competing claims.

  Questions settled

  • Whether the High Court can restore an allotment order in favor of an informer after affirming a finding that the informer is not entitled to excess land?
  • Can an appellate or constitutional court issue an internally contradictory judgment regarding property allotments?
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• Mst. Safia Latif vs Federation of Pakistan Through Secretary, Ministry Of Communication And 4 Other1997 CLC 1462 · Lahore High Court · 1997-01-28Read full judgment →
• Mst. Safia Bibi vs Muhammad Arif, A.S.I. And 3 Other1997 MLD 158 · Lahore High Court · 1996-02-06Read full judgment →
• Mst. Safdar Jan vs The State and anothers1997 P Cr. L J 1553 · Lahore High Court · 1997-03-05
  court witnessSection 540 Cr.P.C.prosecution evidencefilling lacunastrial court discretioncriminal revisionwitness summoning
  Summary & questions settled

  This revision petition challenges an order of the Sessions Judge, Rawalpindi, which dismissed the petitioner's application under Section 540 of the Code of Criminal Procedure 1898. The petitioner sought to summon her son, Abdul Aziz, as a court witness in a murder trial, alleging his testimony was material regarding an altercation between the deceased and the accused. The trial court rejected the application, citing the witness's absence during the police investigation, his omission from the calendar of witnesses under Section 173 of the Code of Criminal Procedure 1898, and the significant delay in filing the application after the trial had commenced. The High Court upheld the dismissal, holding that the power under Section 540 is intended to advance the interests of justice rather than to allow parties to fill lacunas in the prosecution's case. The Court emphasized that the complainant's long silence and failure to demonstrate the necessity of the witness's testimony justified the refusal. Consequently, the Court found no legal infirmity in the trial court's order and dismissed the petition.

  Questions settled

  • Can a trial court refuse to summon a witness under Section 540 of the Code of Criminal Procedure 1898 if the application is filed with significant delay?
  • Is the power under Section 540 of the Code of Criminal Procedure 1898 intended to allow the prosecution to fill gaps in its evidence?
  • Does the failure to include a witness in the calendar of witnesses under Section 173 of the Code of Criminal Procedure 1898 preclude the court from summoning them under Section 540?
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• Mst. Sadha Begum vs Pervaiz Ahmed Khan And 2 Other1997 CLC 1925 · Federal Shariat Court · 1997-04-05Read full judgment →
• Mst. Sabira vs The State1997 MLD 2587 · Board of Revenue · 1995-03-08Read full judgment →
• Mst. Rukhsana vs Mst. Gul Narges And Another1997 PLC (C.S.) 1002 · Peshawar High Court · 1997-04-22Read full judgment →
• Mst. Riffat Bibi vs Amanat Ali1997 MLD 1562 · Lahore High Court · 1996-05-30Read full judgment →
• Mst. Reshman Bibi vs Sheerin Khan And Other1997 SCMR 1416 · Supreme Court of Pakistan · 1997-03-25
  circumstantial evidencelast seen evidencemurder convictionstandard of proofcriminal appealacquittalreasonable doubt
  Summary & questions settled

  This matter concerns petitions for leave to appeal against a judgment of the Lahore High Court, which acquitted the respondents of murder charges. The prosecution alleged that the deceased was murdered by his in-laws due to strained marital relations, relying primarily on 'last seen' evidence provided by a witness who claimed to have seen the deceased with the accused in a taxi hours before the incident. The core legal question was whether the circumstantial evidence, specifically the 'last seen' testimony and alleged motive, was sufficient to sustain a conviction. The Supreme Court upheld the High Court's acquittal, finding the prosecution's case inconsistent. The Court held that the significant time gap between the witness sighting the accused and the time of the murder rendered the 'last seen' evidence inconclusive. Furthermore, the Court emphasized that circumstantial evidence must be incompatible with the innocence of the accused to warrant conviction. The presence of two conflicting theories of motive—one involving the wife's paramour and the other involving the in-laws—indicated that the charges were based on suspicion rather than concrete proof, failing to meet the required standard of proof beyond reasonable doubt.

  Questions settled

  • Is 'last seen' evidence sufficient to sustain a conviction when there is a significant time gap between the sighting and the occurrence of the crime?
  • Does the existence of multiple, conflicting theories of motive regarding the same crime undermine the prosecution's case?
  • What is the required standard for circumstantial evidence to support a criminal conviction in the absence of direct evidence?
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• Mst. Rehmat Bi And 4 Others vs Muhammad Rashid And Other1997 SCMR 1775 · Supreme Court of Pakistan · 1997-06-24
  ejectmentdefault in payment of rentsub-lettingrelationship of landlord and tenantrent appealmisreading of evidence
  Summary & questions settled

  This is an appeal by a landlord against a High Court judgment setting aside an order of ejectment of the respondents on the ground of default in payment of rent and unauthorized sub-letting. The core legal questions involved whether the dismissal of a civil suit for declaration of title filed by a tenant or sub-tenant affects the finality of earlier rent proceedings, and whether the transfer of a business concern without notice to the landlord constitutes unauthorized sub-letting under the relevant rent laws. The Supreme Court of Pakistan held that the High Court misread the evidence and that the dismissal of the tenant's title suit negated the earlier finding of no relationship of landlord and tenant, establishing that the sub-tenant was indeed an unauthorized occupant. The appeal was accepted, the High Court judgment was set aside, and the Rent Controller's ejectment order was restored, laying down the principle that the mere pendency or dismissal of a tenant's title suit is significant for determining landlord-tenant status and that unauthorized transfers of business premises constitute unlawful sub-letting.

  Questions settled

  • Whether the dismissal of a title suit filed by a tenant or sub-tenant affects the finality of earlier rent proceedings concerning the relationship of landlord and tenant?
  • Does the transfer of a business concern by a tenant to a third party without notice to the landlord constitute unauthorized sub-letting?
  • Can a Rent Controller pass an order under section 16(1) of the Sind Rented Premises Ordinance 1979 against an unauthorized sub-lettee?
  • Whether a High Court can interfere with a Rent Controller's order of ejectment based on a misreading and non-reading of evidence?
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• Mst. Razia Shaheen vs The State1997 PLD Lahore 659 · Lahore High Court · 1997-07-17
  pre-arrest bailsealed FIRforgery and cheatingnon-cognizable offenseswomen bail exceptionconstitutional protection
  Summary & questions settled

  This matter arises from a pre-arrest bail petition filed by Mst. Razia Shaheen, who was accused in a criminal case registered under sections 420, 468, and 471 of the Pakistan Penal Code 1860 on the complaint of the Deputy Commissioner/Administrator of Bahawalnagar Public School regarding a tampered result card. The core legal questions involved the legality of sealing a First Information Report and whether the petitioner was entitled to pre-arrest bail given the nature of the offenses and her academic qualifications. The Lahore High Court held that neither the police nor any executive authority has the power under substantive or procedural law to seal an FIR. On merits, following established judicial dicta, since sections 468 and 471 are non-cognizable without a magistrate's permission and section 420 is bailable, and given that simple graduation was the required qualification for the teaching job (making the discrepancy in M.A. marks immaterial for wrongful gain), the petitioner was entitled to pre-arrest bail, further supported by the statutory proviso for females under the Code of Criminal Procedure 1898. The key principles laid down are that an FIR cannot be sealed by any authority under Pakistani law, and pre-arrest bail is warranted in cases involving bailable or non-cognizable charges without proper authorization where no wrongful gain is established.

  Questions settled

  • Whether an authority or the police has the legal power to seal a First Information Report?
  • Is an accused entitled to pre-arrest bail when the offenses under sections 468 and 471 of the Pakistan Penal Code are non-cognizable without a magistrate's warrant and section 420 is bailable?
  • Does a discrepancy in marks for a higher degree constitute wrongful gain or loss when simple graduation is the requisite qualification for employment?
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• Mst. Rasoolan Bibi vs Additional District Judge, Lahore and 2 others1997 PLD Lahore 229 · Lahore High Court · 1995-10-17Read full judgment →
• Mst. Rani Bibi vs Station House Officer and others1997 P Cr. L J 974 · Lahore High Court · 1995-10-09Read full judgment →
• Mst. Rambail Bibi vs Mir Alam and anothers1997 PLD Peshawar 173 · Peshawar High Court · 1997-06-18
  bail cancellationdying declarationhot pursuitQisas and Diyatnon-submission of challanprima facie casemurder
  Summary & questions settled

  This application for cancellation of bail was filed against an order of the Additional Sessions Judge, Lakki Marwat, which granted bail to the respondent accused of murder under section 302/34, Pakistan Penal Code 1860. The trial court had granted bail primarily citing the co-accused's alibi, the police's failure to submit the challan within the prescribed period, and doubts regarding the dying declaration. The High Court held that the trial court erred by failing to issue notice to the complainant, a mandatory requirement under the Qisas and Diyat Ordinance, 1992. Furthermore, the Court found that the respondent was arrested in hot pursuit with the crime weapon, and the dying declaration was corroborated by an eye-witness, establishing a prima facie case. The Court clarified that police delays in submitting a challan under section 173, Code of Criminal Procedure 1898, do not automatically entitle an accused to bail, especially when strong evidence exists. Consequently, the bail order was set aside, and the accused was remanded to judicial custody.

  Questions settled

  • Is the complainant entitled to notice in a bail petition following the enforcement of the Qisas and Diyat Ordinance, 1992?
  • Does a delay in the submission of a challan by the police under section 173, Code of Criminal Procedure 1898, automatically entitle an accused to the grant of bail?
  • Can bail be granted in a capital case where the accused was arrested in hot pursuit with the crime weapon?
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• Mst. Qamar vs The S.H.O., Police Station Phuleli, Hyderabad and anothers1997 P Cr. L J 752 · Sindh High Court · 1994-12-05Read full judgment →
• Mst. Qamar Loan and 5 others vs Messrs Kashmirian (Pvt.) Ltd. and 61997 PLD Karachi 376 · Sindh High Court · 1997-03-20
  winding upcompanies ordinancemanagement deadlockjust and equitableprivate limited companypartnership principlesequal shareholdingofficial liquidator
  Summary & questions settled

  This matter involves a petition under sections 290 and 305 of the Companies Ordinance, 1984, filed by the legal heirs of the founder holding 50 percent shares in a private limited family company against the other 50 percent shareholders, seeking the winding up of the company or the appointment of an Official Liquidator. The core legal questions concern whether a complete deadlock in management, justifiable lack of mutual confidence, and the exclusion of equal shareholders from corporate affairs constitute just and equitable grounds for winding up a private company structured like a partnership. The Sindh High Court held that a clear case for winding up was made out due to a total management deadlock, failure to hold statutory meetings or elect a chief executive, and a complete breakdown of trust. The court laid down the principle that private limited companies functioning as family concerns are treated analogously to partnerships, where exclusion from management, deadlocks, and justifiable lack of confidence warrant dissolution on just and equitable grounds under company law.

  Questions settled

  • Whether a private limited company with equal shareholding can be wound up on the ground of a complete management deadlock?
  • Can the principles governing the dissolution of a partnership firm be applied to the winding up of a private limited company?
  • Does the exclusion of a shareholder from the management and affairs of a company constitute a just and equitable ground for its winding up?
  • Is a court empowered to consider subsequent events taking place after the institution of a winding up petition?
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• Mst. Parveen Begum vs Habib Gul And Another1997 MLD 2473 · Sindh High Court · 1997-03-22
  tentative rent orderejectmentdefault in rentpower of reviewrent controllervoid orderlandlord and tenant
  Summary & questions settled

  This appeal arises from an ejectment order passed against the appellant-tenant under section 16(2) of the Sindh Rented Premises Ordinance, 1979. The core legal questions involved whether a Rent Controller possesses the power to review a tentative rent order and whether the appellant committed a default in depositing the rent. The Sindh High Court held that the Rent Controller has no inherent or conferred power of review under the Ordinance and that the second application and subsequent orders were void. The Court further found that no default in payment of rent had been committed by the appellant, as the deposit was made within the prescribed period and the finding regarding non-payment for a specific month was based on surmises and conjectures. The key principle laid down is that an order passed without jurisdiction or by way of review, where no such power is conferred, is void, and limitation does not run against void orders. Consequently, the ejectment order was set aside and the case was remanded for decision on merits.

  Questions settled

  • Does a Rent Controller have the power to review an order under the Sindh Rented Premises Ordinance, 1979?
  • Whether limitation runs against a void order passed by a Rent Controller?
  • How is the period of limitation computed for complying with a tentative rent order under the Sindh Rented Premises Ordinance, 1979?
  • Can a Rent Controller strike off a tenant's defence based on imaginary defaults not borne out by the record?
  Read full judgment →
• Mst. Nusrat Mai (Tahira Sultana) And Another vs The State1997 MLD 2869 · Federal Shariat Court · 1996-02-22
  Zinamandatory provisionsfair trialnon-supply of documentsprocedural irregularityremandcriminal procedure
  Summary & questions settled

  This appeal challenged the conviction of the appellants under sections 10(2) and 16 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979, by the Additional Sessions Judge, Multan. The appellants argued that the trial court failed to supply copies of the complaint, statements recorded under sections 200/202 of the Code of Criminal Procedure, and other relevant documents to the accused prior to the commencement of the trial, as mandated by section 265-C of the Code of Criminal Procedure. This omission, the appellants contended, caused material prejudice to their defense. The prosecution and the State conceded that the record did not demonstrate compliance with these mandatory procedural requirements. The Federal Shariat Court held that the provisions of section 265-C of the Code of Criminal Procedure are mandatory, and their non-compliance vitiates the trial proceedings. Consequently, the Court set aside the impugned judgment, allowed the appeal, and remanded the case to the trial court for a fresh trial, directing that the requisite documents be supplied to the accused and the matter be disposed of expeditiously.

  Questions settled

  • Does the failure to supply copies of the complaint and statements to the accused under section 265-C of the Code of Criminal Procedure 1898 vitiate the trial?
  • Are the provisions of section 265-C of the Code of Criminal Procedure 1898 regarding the supply of documents to the accused mandatory?
  • Can a trial court judgment be set aside if the accused was not provided with the necessary documents to prepare their defense?
  Read full judgment →
• Mst. Nooran And Others vs The State1997 MLD 3282 · Board of Revenue · 1995-06-15Read full judgment →
• Mst. Noor Jehan vs Federation of Pakistan And Other1997 SCMR 160 · Supreme Court of Pakistan · 1996-10-27
  constitutional petitionfinality of judgmentappellate jurisdictionField General Court Marshalre-litigation
  Summary & questions settled

  This matter concerns a petition filed under Article 184(3) of the Constitution of the Islamic Republic of Pakistan, 1973, by the mother of a convict sentenced to death by a Field General Court Marshal. The petitioner sought to challenge the conviction, arguing that the law under which the convict was tried (Section 302, Pakistan Penal Code 1860) was invalid due to the repeated promulgation of Ordinances. The core legal question was whether a petition under Article 184(3) is competent to challenge a conviction after the Supreme Court has already adjudicated the matter under its regular appellate jurisdiction (Article 185(3)) and review jurisdiction. The Supreme Court dismissed the petition, holding that the jurisdiction under Article 184(3) cannot be invoked to reopen a matter that has already been finally adjudicated upon by the Court in its regular jurisdiction. The Court established the principle that the finality of its judgments must be maintained, and the constitutional jurisdiction under Article 184(3) cannot be utilized as a mechanism to re-litigate issues that were or could have been raised during the appellate or review stages.

  Questions settled

  • Is a petition under Article 184(3) of the Constitution competent to challenge a conviction after the Supreme Court has already adjudicated the matter under its regular appellate jurisdiction?
  • Can the jurisdiction under Article 184(3) of the Constitution be invoked to reopen a matter that has reached finality through the Supreme Court's appellate or review jurisdiction?
  • Does the Supreme Court's duty to do complete justice allow it to entertain a constitutional petition to re-litigate issues that were available but not argued during previous appellate proceedings?
  Read full judgment →
• Mst. Naziran Bibi And Another vs Mst. Noor Begum1997 CLC 1479 · Lahore High Court · 1997-03-19
  execution of decreelimitation perioddoctrine of mergercivil revisionappellate decreetime-barred execution
  Summary & questions settled

  This revision petition arises from a dispute over land where the petitioners challenged an appellate order regarding the limitation period for executing a decree. The core legal question was whether the limitation period for executing a trial court decree commences from the date of that decree or from the date of the final appellate court decision when an appeal remained pending against a co-defendant. The Court dismissed the revision petition, upholding the appellate court's decision that the execution application was filed within the statutory limitation period. The Court affirmed the doctrine of merger, holding that when an appeal is preferred, the decree of the trial court merges into the decree of the appellate court. Consequently, the limitation period for executing a decree is suspended or commences only from the date of the final decision of the appellate court, as established in the cited precedents of Nagendra Nath Dey v. Suresh Chandra Dey and Maulvi Abdul Qayyum v. Syed Asghar Shah.

  Questions settled

  • Does the limitation period for the execution of a decree commence from the date of the trial court's decree or the final appellate court's decision?
  • Does the doctrine of merger apply to the limitation period for execution when an appeal is pending against a co-defendant?
  • Is the execution of a decree suspended under Article 182 of the Limitation Act 1908 while an appeal is sub judice?
  Read full judgment →
• Mst. Nargis vs The State1997 P Cr. L J 1093 · Federal Shariat Court · 1996-03-17
  narcoticsheroin possessionnon-production of case propertybenefit of doubtcriminal appealprohibition lawevidence
  Summary & questions settled

  This criminal appeal challenges the conviction and sentence of the appellant, Mst. Nargis, who was found guilty under Article 4 of the Prohibition (Enforcement of Hadd) Order, 1979, for the possession of 500 grams of heroin. The prosecution alleged that the heroin was recovered from the appellant's possession during a search of a coach at a check-post. During the trial, the prosecution failed to produce the case property (the recovered heroin) as evidence. Although a portion of the substance had been destroyed pursuant to a Magistrate's order, the remaining 15 grams retained for analysis were also not produced before the trial court. The Federal Shariat Court held that the failure to produce the case property during the trial created a significant lacuna in the prosecution's case. The Court emphasized that it is the duty of the State to produce all necessary evidence to prove guilt beyond reasonable doubt. Consequently, the Court ruled that the absence of the case property rendered the prosecution's case doubtful, entitling the appellant to the benefit of the doubt. The appeal was accepted, and the appellant was acquitted.

  Questions settled

  • Does the failure of the prosecution to produce the case property during trial entitle the accused to an acquittal?
  • Is the State obligated to produce the case property as evidence to prove guilt beyond reasonable doubt?
  • What is the legal consequence when the retained sample of the alleged contraband is not produced during the trial?
  Read full judgment →
• Mst. Naheed Akram vs Province of the Punjab Through Secretary, Education, Government Of The Punjab, Lahore And 2 Others1997 PLC (C.S.) 1217 · Supreme Court of Pakistan · 1997-01-25
  service lawtransfer and postingleave to appealservice tribunaladministrative order cancellationextraneous considerations
  Summary & questions settled

  This matter concerns a petition for leave to appeal against the judgment of the Punjab Service Tribunal, which had set aside the transfer and posting orders of two competing candidates for the position of Senior Headmistress at Government Girls High School 122/JB, District Faisalabad. The dispute arose when the respondent, Mst. Khalida Syed, was initially posted to the school on 3-6-1996, but this order was subsequently cancelled on 9-7-1996, while the petitioner, Mst. Naheed Akram, had been posted to the same position on 15-5-1996. The Punjab Service Tribunal accepted the respondent's appeal, setting aside the orders of 15-5-1996 and 9-7-1996, thereby allowing the respondent to continue in the post. Upon hearing the petitioner, the Supreme Court of Pakistan granted leave to appeal to examine the validity of the withdrawal of the respondent's posting order, whether the cancellation was motivated by extraneous considerations, and whether the specific post in question requires an officer of BPS-18 or above. The Court suspended the operation of the impugned judgment pending the final hearing of the appeal.

  Questions settled

  • Was there legal justification for the withdrawal of the transfer order posting the respondent to the school?
  • Was the cancellation of the transfer order motivated by extraneous considerations?
  • Does the post of Senior Headmistress in Government Girls High School 122/JB require an officer of BPS-18 or above?
  Read full judgment →
• Mst. Nadira Naeem vs Azizuddin and anothers1997 P Cr. L J 1006 · Sindh High Court · 1995-02-09
  interim custody of propertysuperdaricriminal breach of trustcheatingcivil nature of disputelocus standiSection 561-A Cr.P.C.
  Summary & questions settled

  This criminal miscellaneous application under Section 561-A, Code of Criminal Procedure 1898 challenged an order of the Sessions Court, which had directed the return of seized household articles to the respondent, acting as attorney for the accused. The complainant, who claimed ownership of the articles based on an alleged sale agreement, argued that the accused was a fugitive from law and thus lacked locus standi. The Court examined whether the complainant was entitled to interim custody of the property. The High Court held that the dispute was primarily civil in nature, evidenced by a pending civil suit regarding the validity of the alleged sale receipt. Emphasizing that the articles were recovered from premises under the control of the accused's attorney, the Court affirmed that the property should be returned to the person from whose possession it was seized. Consequently, the Court dismissed the application, finding no merit in the complainant's claim and noting that the criminal proceedings were being misused to resolve a civil contractual dispute.

  Questions settled

  • Is a criminal court the appropriate forum to resolve a dispute primarily involving the specific performance of a contract?
  • To whom should the interim custody of property seized by the police be entrusted when the underlying ownership is disputed?
  • Can an application under Section 561-A of the Code of Criminal Procedure 1898 be used to challenge an order regarding the interim custody of property?
  Read full judgment →
• Mst. Mussarat Elahi alias Bibi vs The State1997 P Cr. L J 1193 · Lahore High Court · 1997-01-22
  post-arrest bailZina Hudood Ordinancefurther inquirystatement under section 164 Cr.P.C.police investigation innocencecomplainant affidavit
  Summary & questions settled

  This is a criminal miscellaneous petition for post-arrest bail arising from FIR No. 148 of 1996 registered under sections 10 and 16 of the Offence of Zina (Enforcement of Hudood) Ordinance 1979 and sections 380 and 411 of the Pakistan Penal Code 1860. The core legal question concerns whether the petitioners are entitled to bail after being declared innocent during police investigation and where the alleged abductee exonerated the co-accused in her statement under section 164 of the Code of Criminal Procedure 1898. The Lahore High Court held that since the petitioners were found innocent during investigation, the police recommended case cancellation, the victim's statement absolved the accused, and the complainant submitted an affidavit stating the case stemmed from misunderstanding, the matter warranted further inquiry. The court admitted both petitioners to post-arrest bail under subsection (2) of section 497 of the Code of Criminal Procedure 1898, laying down the principle that tentative assessment of exculpatory investigation findings and victim statements favoring the accused during further inquiry attracts statutory bail entitlement.

  Questions settled

  • Whether an accused is entitled to post-arrest bail when declared innocent during the police investigation?
  • Does a statement of the alleged abductee under section 164 of the Code of Criminal Procedure 1898 denying abduction provide sufficient ground for bail?
  • Can bail be granted under subsection (2) of section 497 of the Code of Criminal Procedure 1898 when the guilt of the accused is subject to further inquiry?
  Read full judgment →
• Mst. Musharaf Begum And Another vs Abdul Wahab1997 MLD 1975 · Sindh High Court · 1995-12-21
  specific performanceagreement to sellbreach of contractreadiness and willingnesscapital gain taxcivil suit
  Summary & questions settled

  The plaintiffs instituted a suit for specific performance of contract, possession, and permanent injunction concerning a plot of land based on an agreement to sell executed by the defendant. The core legal question revolved around whether the plaintiffs committed a breach of contract by failing to have the sale deed prepared and registered within the stipulated time, or whether the defendant defaulted by failing to obtain the requisite Capital Gain Tax Certificate and unlawfully repudiating the agreement. The court held that the defendant committed the breach of contract by falsely denying the agreement, failing to fulfill his legal obligations to clear taxes, and withholding performance, while the plaintiffs remained ready and willing to perform their part. The court established the principle that where a vendor fails to take preliminary steps required under an agreement—such as obtaining tax clearances—and dishonestly repudiates the contract, the purchaser cannot be held in default, and specific performance of the contract should be granted as a matter of judicious discretion.

  Questions settled

  • Whether specific performance of a contract can be granted when the vendor fails to obtain the necessary tax clearance certificates as stipulated?
  • Does the failure of a defendant to appear as a witness in a civil suit weaken their defense regarding an alleged breach of contract?
  • Whether a purchaser can be held in default for failing to present a sale deed for registration when the vendor has already repudiated the agreement?
  • How is the court's discretion exercised in suits for specific performance of immovable property contracts?
  Read full judgment →
• Mst. Mumtaz Begum vs Mst. Wazir B4gum1997 PLD Lahore 99 · Lahore High Court · 1996-10-17
  ejectment petitionrent enhancementdefault in rentvalid tendersublettingsecond appealPunjab Urban Rent Restriction Ordinance 1959
  Summary & questions settled

  This second appeal challenged an ejectment order concerning a commercial shop, grounded in allegations of default in rent payment, subletting, and bona fide personal use. The primary legal questions concerned whether rent enhancement under Section 5-A of the Punjab Urban Rent Restriction Ordinance 1959 is automatic or requires prior notice, and whether the tenant’s continued deposit of rent in a previously concluded court case constituted a valid legal tender. The Court dismissed the appeal, affirming the concurrent findings of the lower courts. It held that the statutory enhancement of rent under Section 5-A is automatic by operation of law, requiring no notice to the tenant. Furthermore, the Court ruled that a tenant must first tender rent directly to the landlord; depositing rent in court is only permissible upon the landlord's refusal. Consequently, depositing rent in a court case that has already reached finality is invalid. Additionally, the Court affirmed that clerical errors in treasury challans, such as omitting the landlord's name, invalidate the tender, thereby confirming the tenant's default and justifying the ejectment order.

  Questions settled

  • Is the enhancement of rent for non-residential buildings under Section 5-A of the Punjab Urban Rent Restriction Ordinance 1959 automatic, or does it require prior notice to the tenant?
  • Does the deposit of rent in a court case that has already concluded constitute a valid tender of rent under the Punjab Urban Rent Restriction Ordinance 1959?
  • Do clerical errors in treasury challans, such as the omission of the landlord's name, render the payment of rent invalid?
  • Is a tenant required to tender rent directly to the landlord before depositing it in the court of the Rent Controller?
  Read full judgment →
• Mst. Mumtaz Begum And Another vs Mst. Yaqoot Begum And Another1997 SCMR 1173 · Supreme Court of Pakistan · 1995-07-09
  civil court jurisdictionejectment suitrent restriction lawsleave to appealarrears of rent
  Summary & questions settled

  Mst. Mumtaz Begum and another filed a petition for leave to appeal against the judgment and order of the Peshawar High Court dated 30-4-1995, which dismissed their revision petition and upheld the appellate judgment of the District Judge, Kohat, decreeing the ejectment suit and recovery of arrears of rent filed by respondent Mst. Yaqoot Begum. The core legal question before the Supreme Court was whether the civil court had jurisdiction to adjudicate an ejectment suit regarding a shop situated within Kohat city, which the petitioners contended was governed by rent restriction laws rather than the civil court. The Supreme Court granted leave to appeal, holding that the contention raised regarding the bar of jurisdiction of the civil court and the applicability of rent restriction laws required detailed consideration by the Court. The key principle laid down is that where property is situated within an area governed by specific rent restriction laws, the jurisdictional competency of civil courts to entertain ejectment proceedings requires substantive judicial scrutiny.

  Questions settled

  • Does a civil court have jurisdiction to adjudicate an ejectment suit regarding a shop governed by rent restriction laws?
  • Whether the High Court erred in dismissing the revision petition against the judgment of the District Judge?
  • Are commercial properties situated within Kohat city exclusively subject to rent restriction legislation?
  Read full judgment →
• Mst. Mumtaz Begum and 8 others vs Shakil Hyder and 12 others1997 P Cr. L J 776 · Sindh High Court · 1994-01-01
  inherent powersSection 561-A Cr.P.C.recall of ordercondemned unhearddismissal for defaultfinality of judgmentcriminal revision
  Summary & questions settled

  The petitioners filed an application under Section 561-A, Code of Criminal Procedure 1898, seeking to recall a previous order of the High Court that dismissed their main application in their absence. The core legal question was whether the High Court could exercise its inherent jurisdiction to review or recall a judgment where the party was effectively denied an opportunity to be heard. The Court held that while the general principle of finality attaches to criminal judgments under Section 369, Code of Criminal Procedure 1898, this does not preclude the Court from exercising its inherent powers under Section 561-A, Code of Criminal Procedure 1898 to rectify orders passed without jurisdiction or without providing an effective opportunity of hearing. The Court concluded that the petitioners were not afforded a fair chance to present their case due to their counsel's unavoidable absence. Consequently, the Court recalled the previous dismissal order to ensure substantial justice. The principle laid down is that the High Court may invoke its inherent powers to prevent the abuse of process and secure the ends of justice in rare cases where a party was condemned unheard.

  Questions settled

  • Does the High Court have the inherent power under Section 561-A, Code of Criminal Procedure 1898 to recall an order dismissing a case for default?
  • Does the bar under Section 369, Code of Criminal Procedure 1898 prevent the High Court from reviewing an order passed without giving the parties an opportunity to be heard?
  • Can the High Court exercise inherent powers to rectify an order passed without jurisdiction or in violation of mandatory provisions of law?
  Read full judgment →
• Mst. Mukhtiar Fatima vs Deputy Commissioner, Multan And 2 Other1997 MLD 1792 · Lahore High Court · 1996-11-25
  compulsory acquisitionfundamental rightsright to propertydelayed compensationwrit jurisdictionland acquisitionconstitutional petition
  Summary & questions settled

  This constitutional petition concerns a landowner whose agricultural land was compulsorily acquired by the State in 1994 for the construction of a spur bund on the River Chenab. Despite the passage of two and a half years, the petitioner had not received full compensation, as the Irrigation Department failed to deposit the necessary funds with the Land Acquisition Collector. The core legal question was whether the State's failure to pay compensation for acquired land within a reasonable time violates the fundamental right to property. The Court held that the State cannot deprive a citizen of property without compensation, as guaranteed under Article 24 of the Constitution of Pakistan 1973. The Court emphasized that the failure to pay compensation promptly constitutes a violation of fundamental rights, which the High Court is empowered to enforce under Article 199(1)(c). Consequently, the Court directed the Secretary of the Irrigation Department to ensure the release and deposit of the requisite funds by a specified date, warning that failure to comply could lead to the attachment of the salaries of responsible officials.

  Questions settled

  • Does the failure of the State to pay compensation for acquired land within a reasonable time violate the fundamental right to property under Article 24 of the Constitution of Pakistan 1973?
  • Can the High Court issue directions to government functionaries to enforce fundamental rights under Article 199(1)(c) of the Constitution of Pakistan 1973?
  • Is the State permitted to compulsorily acquire private property without providing compensation in accordance with law?
  Read full judgment →
• Mst. Mukhtar Mai vs S.H.O., P.S. City Kahror Pakka, District Lodhran And Another1997 MLD 1377 · Lahore High Court · 1995-09-24Read full judgment →
• Mst. Mahmudi Begum Alias Muhammadi Begum vs Malik Muhammad1997 SCMR 1608 · Supreme Court of Pakistan · 1997-03-03
  consent decreefraud and misrepresentationspecific performancecompromise decreecivil revisionleave to appeal
  Summary & questions settled

  This matter arises from a petition for leave to appeal filed against the dismissal of a civil revision by the Lahore High Court, which had upheld the dismissal of the petitioner's application under Section 12(2) of the Code of Civil Procedure 1908. The petitioner had sought to set aside a consent decree passed in a specific performance suit on the grounds of fraud, misrepresentation, and lack of authorized representation, contending she was an illiterate purdah-observing lady who was misled into a compromise. The core legal question was whether the petitioner made out a strong and clear case of fraud or misrepresentation to warrant setting aside the consent decree under Section 12(2) of the Code of Civil Procedure 1908. The Supreme Court held that the High Court and trial court rightly dismissed the application, as the petitioner's subsequent conduct—specifically moving an application for extension of time to deposit the decretal amount—demonstrated reliance on the decree, thereby negating her belated plea of fraud. The Supreme Court laid down the principle that provisions of Section 12(2) of the Code of Civil Procedure 1908 must be construed and applied strictly, placing a heavy onus on the applicant to establish fraud or misrepresentation through clear and strong evidence.

  Questions settled

  • Whether an application under Section 12(2) of the Code of Civil Procedure 1908 to set aside a consent decree requires strict proof of fraud or misrepresentation?
  • Does the subsequent conduct of a party in seeking an extension of time to satisfy a consent decree preclude them from later challenging it as fraudulent under Section 12(2) of the Code of Civil Procedure 1908?
  • Can a consent decree be set aside on the ground of unauthorized representation without establishing a clear and strong case within the scope of Section 12(2) of the Code of Civil Procedure 1908?
  Read full judgment →
• Mst. Mahjabeen vs Muhammad Imtiaz Ali1997 MLD 3237 · Sindh High Court · 1997-06-18Read full judgment →
• Mst. Khurshid Bibi alias Saidan vs The State1997 P Cr. L J 1537 · Lahore High Court · 1997-01-28Read full judgment →
• Mst. Khurshid Akhtar vs Station House Officer and others1997 PLD Lahore 389 · Lahore High Court · 1997-03-12Read full judgment →
• Mst. Khatija Begum vs Muhammad Hanif1997 MLD 2783 · Sindh High Court · 1995-10-08Read full judgment →
• Mst. Kauser Parveen and another vs The State1997 P Cr. L J 1338 · Federal Shariat Court · 1995-05-07Read full judgment →
• Mst. Kausar Parveen and 3 others vs Ahmed Ali Zaffar, Judicial1997 PLD Lahore 208 · Lahore High Court · 1996-11-20
  search warrantwrongful confinementseparation of judiciary from executiveterritorial jurisdictionJudicial MagistrateExecutive Magistratewrit jurisdiction
  Summary & questions settled

  This writ petition challenged an order issued by a Judicial Magistrate 1st Class, Kabirwala, which granted a search warrant under Section 100 of the Code of Criminal Procedure 1898 for the recovery of a woman allegedly wrongfully confined by her relatives. The core legal questions were whether a Judicial Magistrate possesses the authority to exercise powers under Section 100, Cr.P.C., and whether the Magistrate had territorial jurisdiction to issue such a warrant for a person residing outside his jurisdiction. The Court held that following the separation of the judiciary from the executive, Judicial Magistrates are tasked with deciding criminal cases involving penal offences, while executive functions, including proceedings under Section 100, Cr.P.C., fall within the exclusive domain of Executive Magistrates. Furthermore, the Court found the impugned order illegal due to a lack of territorial jurisdiction, as the subject resided outside the Magistrate's assigned area. The ratio establishes that Judicial Magistrates lack the authority to perform executive duties such as issuing search warrants for wrongfully confined persons, which remains the province of Executive Magistrates, and that such warrants cannot be issued beyond a Magistrate's territorial jurisdiction.

  Questions settled

  • Does a Judicial Magistrate 1st Class have the authority to issue a search warrant under Section 100 of the Code of Criminal Procedure 1898?
  • Can a Magistrate issue a search warrant for a person residing outside their territorial jurisdiction?
  • Are proceedings under Section 100 of the Code of Criminal Procedure 1898 considered judicial or executive functions?
  • Does a woman living with her parents after marital separation constitute wrongful confinement under Section 100 of the Code of Criminal Procedure 1898?
  Read full judgment →
• Mst. Karim Khatoon vs The State1997 P Cr. L J 1443 · Lahore High Court · 1997-05-22Read full judgment →
• Mst. Karamat Bibi vs Member, Board of Revenue (Colonies), Lahore And 3 Other ,1997 CLC 1217 · Lahore High Court · 1995-08-22Read full judgment →
• Mst. Jindwaddi Alias Jindan vs The State1997 MLD 1563 · Lahore High Court · 1996-04-23Read full judgment →
• Mst. Jameela Khatoon And 4 Others vs Sattar Brig And 2 Other1997 CLC 1691 · Lahore High Court · 1997-01-29
  rehabilitation mutationscivil court jurisdictionSection 12(2) CPCinheritance disputepedigree tableRe-settlement Schemeadverse possession
  Summary & questions settled

  This revision petition challenged an appellate court's decree in a suit involving inheritance rights and the validity of land mutations. The core legal questions concerned the jurisdiction of civil courts to challenge mutations sanctioned by Rehabilitation Authorities and the maintainability of a separate suit to challenge decrees on grounds of fraud, given the bar under Section 12(2) of the Code of Civil Procedure 1908. The High Court held that mutations sanctioned by Rehabilitation Authorities under the Re-settlement Scheme are immune from civil court interference. Furthermore, the Court affirmed that Section 12(2) of the Code of Civil Procedure 1908 expressly bars separate suits challenging the validity of a judgment or decree on grounds of fraud or misrepresentation, requiring such challenges to be made via application to the court that passed the original decree. On merits, the Court found the respondents failed to establish their pedigree or entitlement to the inheritance. Consequently, the High Court set aside the appellate judgment and restored the trial court's dismissal of the suit, emphasizing the finality of rehabilitation proceedings and procedural bars for challenging decrees.

  Questions settled

  • Are mutations sanctioned by Rehabilitation Authorities immune from challenge in civil courts?
  • Can a separate suit be filed to challenge a decree on the grounds of fraud or misrepresentation in light of Section 12(2) of the Code of Civil Procedure 1908?
  • Does a civil court have jurisdiction to determine succession to the estate of confirmed allottees who passed away in Pakistan?
  • Is a document more than 30 years old admissible as evidence if it comes from the proper custody of the legal heirs?
  Read full judgment →
• Mst. Irshad Mai vs Additional District Judge And Another1997 CLC 742 · Lahore High Court · 1996-05-20Read full judgment →
• Mst. Irshad Elahi vs Bashir Ahmad1997 PLD Lahore 554 · Lahore High Court · 1997-01-26
  quashment of FIRconstitutional petitioniddat periodvoid marriagefamily court decreemala fide proceedingsabuse of process of law
  Summary & questions settled

  This matter involves a writ petition under Article 199 of the Constitution of Pakistan 1973 seeking the quashment of F.I.R. No. 268 of 1995 registered under sections 148, 149, 452, and 337 of the Pakistan Penal Code 1860 read with Article 11 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979 at Police Station Saddar Rahimyar Khan. The core legal question concerned whether an F.I.R. stemming from mala fides, fabricated marriage claims during the period of iddat, and designed to harass parties and abuse legal process can be quashed by the High Court. The Lahore High Court held that the F.I.R. was a fabricated and mala fide attempt to separate the petitioner from her lawful husband through fraudulent proceedings and a void second marriage, and thus ordered its quashment while dismissing a rival writ petition. The key principle laid down is that the High Court possesses the constitutional and inherent jurisdiction under Article 199 to quash a criminal F.I.R. when it is established to be mala fide, without lawful authority, and an abuse of the process of law.

  Questions settled

  • Does the High Court have jurisdiction under Article 199 to quash a criminal F.I.R. that is shown to be mala fide and an abuse of the process of law?
  • What is the legal status of a marriage contract entered into during the period of iddat under Islamic law?
  • Whether a Judge Family Court is competent to set aside an ex parte decree for dissolution of marriage upon discovering it was procured through fraud and impersonation?
  • Do the provisions of the Code of Civil Procedure apply to proceedings before Family Courts in view of section 17 of the West Pakistan Family Courts Act, 1964?
  Read full judgment →
• Mst. Humma Sultana Butt vs Board of Intermediate & Secondary1997 MLD 2588 · Lahore High Court · 1995-02-22Read full judgment →
• Mst. Hazan and 2 others vs Government of Balochistan, Board of Revenue, Balochistan through Secretary and 13 others1997 PLD Quetta 104 · Balochistan High Court · 1996-12-23
  Jagir abolitionconstitutional petitionlachesrevenue recordabatementself-executory statuteland reformsindivisible cause of action
  Summary & questions settled

  This constitutional petition challenged various revenue orders issued between 1983 and 1995, which cancelled the petitioners' land ownership entries in District Bolan, Balochistan, based on the abolition of 'Jagirs' under the West Pakistan Land Reforms Regulation, 1959 (MLR-64). The core legal questions concerned the maintainability of a petition filed against deceased respondents and whether the abolition of 'Jagirs' under MLR-64 required specific administrative action or was self-executory. The Court held that while a petition may be amended to implead legal heirs of deceased respondents where the cause of action is indivisible, the instant petition was barred by laches due to an unexplained 12-year delay in challenging the revenue entries. On merits, the Court ruled that the provisions of MLR-64 were self-executory, meaning 'Jagir' rights were extinguished automatically upon the Regulation's promulgation. Consequently, the revenue authorities acted lawfully in correcting the records. The key principle laid down is that 'Jagir' abolition statutes operate automatically, and equitable relief in constitutional jurisdiction is unavailable where a petitioner fails to explain significant, unreasonable delay.

  Questions settled

  • Is a constitutional petition filed against deceased respondents maintainable if the cause of action is indivisible?
  • Does the abolition of 'Jagirs' under the West Pakistan Land Reforms Regulation, 1959 require a specific administrative order or is it self-executory?
  • Can a petitioner claim equitable relief in a constitutional petition after an unexplained delay of twelve years?
  • Does the term 'Jagir' under the West Pakistan Land Reforms Regulation, 1959 include any grant of land by way of assignment or release of land revenue?
  Read full judgment →
• Mst. Hajiani Khatija Bai And 9 Others vs Karachi Building Control1997 MLD 852 · Sindh High Court · 1995-05-30Read full judgment →
• Mst. Gulzar Begum vs Inspector, Police Post Shahdara Town, Lahore1997 MLD 1419 · Lahore High Court · 1996-09-16Read full judgment →
• Mst. Gulshan vs Ameer Ali and others1997 PLD Karachi 292 · Sindh High Court · 1997-03-03
  rejection of plaintagreement to sellcompulsory registrationcause of actionlimitation perioddeclaration of titlespecific performance
  Summary & questions settled

  This civil matter before the Sindh High Court arose from an application under Order VII, Rule 11, C.P.C. filed by defendants Nos. 3 to 10 seeking the rejection of the plaintiff's plaint in a suit for declaration, possession, mesne profits, and damages. The core legal question concerned whether an un-registered agreement to sell confers ownership or a valid cause of action for a declaration of title after a lapse of many years, and whether the suit was barred by limitation. The court held that an agreement to sell immovable property worth Rs. 100 or upwards requires compulsory registration under the Registration Act and Transfer of Property Act, and does not pass title or furnish a cause of action for a declaration of ownership after the expiry of the statutory period for specific performance. Furthermore, the court held that the suit was barred by limitation under Article 120 of the Limitation Act, and that Section 3 of the Limitation Act imposes a mandatory duty upon courts to dismiss time-barred suits regardless of whether the defense is pleaded. The key principle laid down is that an agreement to sell does not convey title, and plaints disclosing no cause of action or barred by limitation must be rejected under Order VII, Rule 11, C.P.C.

  Questions settled

  • Does an unregistered agreement to sell immovable property confer ownership rights or title upon the vendee?
  • Whether a suit for declaration of title filed sixteen years after an agreement to sell discloses a valid cause of action?
  • Is it mandatory for the court to dismiss a suit barred by limitation under Section 3 of the Limitation Act even if the defense of limitation is not specifically pleaded?
  • Can a plaintiff maintain a suit for a negative declaration and possession without possessing a valid right, title, or interest in the property?
  Read full judgment →
• Mst. Ghulam Zohra And Another vs Malik Muhammad Sadiq And Another1997 SCMR 449 · Supreme Court of Pakistan · 1994-06-26
  dying declarationmurderacquittalmedical fitnesscriminal appealreasonable doubtcapital charge
  Summary & questions settled

  This matter concerns criminal petitions for leave to appeal against a High Court judgment that acquitted the respondent of murder charges. The core legal question was whether the High Court erred in rejecting a dying declaration and acquitting the accused despite the trial court's conviction. The Supreme Court upheld the acquittal, finding the High Court's assessment of the evidence correct. The Court held that when a victim suffers extensive burns (75-80%) and is admitted to the hospital in an unconscious state, the prosecution must establish the declarant's mental and physical fitness to make a statement. The failure of the investigating officer to obtain a medical certificate confirming the victim's fitness before recording the dying declaration, coupled with significant contradictions in witness testimony and the absence of a Magistrate during the recording, created reasonable doubt. The Court affirmed the principle that a dying declaration is only reliable when the declarant's fitness is beyond doubt, and in the absence of such verification, it is unsafe to sustain a capital conviction.

  Questions settled

  • Is a dying declaration reliable when the victim is suffering from extensive burns and was admitted to the hospital in an unconscious state without a medical certificate of fitness?
  • Does the failure of a police officer to obtain a medical certificate regarding the fitness of a declarant before recording a dying declaration create reasonable doubt?
  • Is it safe to base a conviction on a capital charge solely on a dying declaration when there are material contradictions in the prosecution's evidence?
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• Mst. Ghosia Naz vs Deputy Education Officer1997 PLC (C.S.) 666 · Lahore High Court · 1997-03-07
  constitutional petitionnon-payment of salaryfundamental rightsright to lifedignity of manservice lawdisciplinary proceedings
  Summary & questions settled

  This constitutional petition concerns a female school teacher who, despite continuously performing her duties, was denied salary for over a year due to administrative objections following her transfer between education departments. The core legal question addressed is whether the non-payment of salary to an employee who is actively performing duties constitutes a violation of constitutional rights. The Court held that the withholding of salary under such circumstances is a violation of the fundamental rights guaranteed by the Constitution of Pakistan 1973. The Court emphasized that the right to life under Article 9 includes the right to a civilized existence, and the right to dignity under Article 14 is compromised when an employee is deprived of their livelihood. The Court directed the relevant authorities to ensure immediate payment of the outstanding salary and to initiate disciplinary proceedings against officials responsible for the delay. The key principle laid down is that the non-payment of salary to a government employee performing their duties is a breach of constitutional obligations, and state functionaries responsible for such negligence are liable for disciplinary action.

  Questions settled

  • Does the non-payment of salary to a government employee who is actively performing duties violate the Constitution of Pakistan 1973?
  • Does the right to life under Article 9 of the Constitution of Pakistan 1973 encompass the right to a civilized standard of living?
  • Can state functionaries be held liable for disciplinary action for failing to pay salaries to employees in a timely manner?
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• Mst. Fazeelat Sultana vs The Province of the Punjab through Chief1997 PLD Lahore 260 · Lahore High Court · 1997-02-04Read full judgment →
• Mst. Fazal Noor Begum vs Muhammad Akbar And 4 Other1997 CLC 1768 · Supreme Court of Azad Jammu and Kashmir · 1996-12-24
  inheritanceburden of proofconcurrent findingslegitimacymutationcivil appeal
  Summary & questions settled

  This civil appeal concerns a dispute over inheritance rights to the estate of a deceased person, Ghulam Ahmad. The plaintiffs-respondents filed a suit for declaration and perpetual injunction, challenging a mutation that recognized the defendant-appellant as an heir, claiming she was not the daughter of the deceased. The trial court and the first appellate court concurrently dismissed the suit, finding that the plaintiffs failed to discharge the burden of proving their claim. The High Court subsequently reversed these findings. Upon review, the Supreme Court of Azad Jammu and Kashmir held that the plaintiffs failed to produce credible evidence to substantiate their assertion that the defendant was not the daughter of the deceased, as their witnesses provided only hearsay or lacked knowledge of the relationship. The Court reaffirmed the principle that a plaintiff must succeed on the strength of their own case and that concurrent findings of fact by lower courts should not be interfered with unless they are perverse or involve misreading of evidence. Consequently, the Court allowed the appeal, setting aside the High Court's judgment and restoring the original dismissal of the suit.

  Questions settled

  • Can a plaintiff succeed in a civil suit by relying on the weaknesses of the defendant's case rather than proving their own?
  • Under what circumstances should a High Court interfere with concurrent findings of fact by lower courts?
  • What is the standard of evidence required to exclude a legal heir from an estate?
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• Mst. Fatima Bai And 7 Others vs Karachi Industrial Scrape Co. And Another1997 MLD 2268 · Sindh High Court · 1996-09-29Read full judgment →
• Mst. Farhat Nasreen vs Muhammad Hussain and 2 others1997 PLD Karachi 204 · Sindh High Court · 1997-02-16
  constitutional petitionalternate remedyfamily courtsexecution of decreesalary attachmentrestitution of conjugal rightscitation of headnotes
  Summary & questions settled

  This petition under Article 199 of the Constitution of Pakistan, 1973 was filed against an order passed by a Family Court in execution proceedings which directed the attachment of one-fourth of the petitioner's salary for failing to join her husband in compliance with a restitution of conjugal rights decree. The core legal question was whether a constitutional petition is maintainable under Article 199 against an order of the Family Court when an alternate, efficacious remedy by way of an appeal is provided under section 14 of the West Pakistan Family Courts Act, 1964, and whether reliance on headnotes of reported judgments instead of the actual text is appropriate. The High Court dismissed the petition, holding that the petitioner had an adequate statutory remedy of appeal under section 14 of the West Pakistan Family Courts Act, 1964, and constitutional jurisdiction cannot be invoked to bypass such alternate remedies in the absence of any glaring or manifest illegality. The court also laid down that headnotes of law reports are prepared by editors for convenience and do not constitute part of judicial precedents, admonishing counsel against citing cases solely through headnotes.

  Questions settled

  • Whether a constitutional petition under Article 199 of the Constitution of Pakistan, 1973 is maintainable against an order of the Family Court when an appeal is available under section 14 of the West Pakistan Family Courts Act, 1964?
  • Can the headnotes of a reported judgment be cited as binding judicial precedent instead of the actual text of the judgment?
  • Whether a Family Court can order the attachment of a wife's salary during execution proceedings for failing to comply with a decree for restitution of conjugal rights?
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• Mst. Fahmida vs The State1997 SCMR 947 · Supreme Court of Pakistan · 1996-10-20
  narcotics bailpersonal searchrecovery proceedingsSection 103 CrPCprevious criminal recordbail for female accusedprocedural irregularity
  Summary & questions settled

  This petition for leave to appeal arose from the dismissal of a bail application by the Sindh High Court regarding a narcotics case. The petitioner, a female, was arrested for the alleged possession of 35 grams of heroin. The core legal question was whether the petitioner was entitled to bail, considering the pendency of prior criminal cases and the procedural validity of the recovery. The Supreme Court observed that the High Court had improperly denied bail based solely on the pendency of previous cases, noting that the petitioner had been acquitted in three of those cases and was on bail in the others. Furthermore, the Court highlighted a violation of Section 103 of the Code of Criminal Procedure 1898, as no respectable inhabitants of the locality were associated with the search proceedings. Given the small quantity of the contraband, the maximum potential sentence, and the petitioner's gender, the Court held that a case for bail was established. Consequently, the petition was converted into an appeal, and bail was granted subject to the furnishing of sureties.

  Questions settled

  • Should bail be denied to an accused solely on the ground that other criminal cases are pending against them?
  • Does the failure to associate respectable inhabitants of the locality during a search violate Section 103 of the Code of Criminal Procedure 1898?
  • Is a female accused entitled to bail when the recovered contraband is small and procedural requirements for search were not strictly followed?
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• Mst. Duri And 2 Others vs Said Akbar Through His Legal Heirs And Other1997 MLD 754 · Peshawar High Court · 1995-10-16Read full judgment →
• Mst. Dilbar Hamid Applicant vs Dr. Ghulam Bheek Khan And Other1997 SCMR 610 · Supreme Court of Pakistan · 1996-12-15
  Section 12(2) CPCmaintainabilityreview petitionsetting aside judgmentprocedural lawSupreme Court judgment
  Summary & questions settled

  The petitioner filed a miscellaneous application under Section 12(2) of the Code of Civil Procedure 1908, seeking to set aside a judgment of the Supreme Court dated 11-8-1991. It was undisputed that prior to this application, two review petitions had been filed challenging the same judgment, and the petitioner's name appeared as an applicant in both. The petitioner contended that she was a permanent resident of Canada and had not authorized any counsel to file those review petitions. The Court observed that there was no material provided to substantiate the claim that the petitioner had not authorized the previous review petitions. Furthermore, the Court held that an application under Section 12(2) of the Code of Civil Procedure 1908 is not maintainable after the dismissal of a review petition by the Supreme Court. Consequently, the Court dismissed the miscellaneous application as not maintainable, affirming that the statutory remedy under Section 12(2) cannot be invoked once the review process has been exhausted and the judgment has been upheld.

  Questions settled

  • Is an application under Section 12(2) of the Code of Civil Procedure 1908 maintainable after the dismissal of a review petition by the Supreme Court?
  • Can a party challenge a judgment under Section 12(2) of the Code of Civil Procedure 1908 after having previously participated in review proceedings?
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• Mst. Dana Begum And 4 Others vs Azad Government of the State of Jammu and Kashmir And 25 Other1997 MLD 2359 · High Court of Azad Jammu and Kashmir · 1997-03-03Read full judgment →
• Mst. Bilqees Malik and 3 others vs Rana Muhammad Iftikharuddin and 71997 PLD Lahore 733 · Lahore High Court · 1997-06-27Read full judgment →
• Mst. Bibi Gul And Another vs Mst. Khor Bibi And 4 Other1997 MLD 2964 · Balochistan High Court · 1997-05-26Read full judgment →
• Mst. Asma Begum and 10 others vs The Commissioner, Karachi Division, Karachi and 4 others1997 PLD Karachi 13 · Sindh High Court · 1996-05-16
  land acquisitionurgency provisionsconstitutional petitionfundamental rightsright to propertycompulsory acquisitionmarket valuenotice requirements
  Summary & questions settled

  These are two successive constitutional petitions challenging land acquisition proceedings initiated for laying an oil pipeline for the Hub River Power Complex. The core legal questions involve whether the mandatory requirements of section 4(1) of the Land Acquisition Act, 1894 were fulfilled, whether the urgency provisions under section 17(4) were properly invoked to dispense with section 5-A hearings, and whether the authorities could validly withdraw initial proceedings and issue a fresh set of notifications. The Sindh High Court held that while the notification under section 4(1) of the Land Acquisition Act, 1894 is mandatory and its absence vitiates proceedings, the accompanying requirement of serving notice of its substance is of an enabling character, and non-compliance merely precludes entry under section 4(2) rather than invalidating the entire acquisition. The Court further held that a faulty acquisition notification can be withdrawn and fresh proceedings initiated de novo, and that unauthorized entry and unlawful acts on private land entitle the aggrieved owners to damages. The petitions were disposed of accordingly, dismissing the first as infructuous and upholding the second set of notifications while awarding costs and compensation for illegal incursions.

  Questions settled

  • Does the failure to serve a notice of the substance of a section 4 notification under the Land Acquisition Act vitiate the entire acquisition proceedings?
  • Can the Government withdraw an earlier defective land acquisition notification and commence fresh proceedings de novo?
  • Whether the invocation of urgency powers under section 17 of the Land Acquisition Act to dispense with section 5-A inquiries is open to judicial review?
  • Are petitioners entitled to damages and compensation for unauthorized entry and unlawful acts committed on their land during abortive acquisition proceedings?
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