Reported Judgments
Reported Judgements
Reported Judgements
*This Tab includes Approved For Reporting judgments in which Mr. Fiaz Ahmad Jandran has rendered his services in cases before the Honorable Supreme Court and Honorable High Courts as a lawyer or authored while serving as Justice at Islamabad High Court.
*This Tab includes Approved For Reporting judgments in which Mr. Fiaz Ahmad Jandran has rendered his services in cases before the Honorable Supreme Court and Honorable High Courts as a lawyer or authored while serving as Justice at Islamabad High Court.
PLD 2018 SUPREME COURT 81
PLD 2018 SUPREME COURT 81
Represented clients in a landmark judgment on the Islamabad Rent Restriction Ordinance 2001, whereby the main principle was that “after expiration of the tenancy period, a tenant, though can continue to hold over the possession of the rented premises, but his tenancy is rendered invalid, in that, it has come to an end and if there is no express consent of the landlord to extend the tenancy period the tenant shall be guilty of having infringed the conditions of tenancy”
Represented clients in a landmark judgment on the Islamabad Rent Restriction Ordinance 2001, whereby the main principle was that “after expiration of the tenancy period, a tenant, though can continue to hold over the possession of the rented premises, but his tenancy is rendered invalid, in that, it has come to an end and if there is no express consent of the landlord to extend the tenancy period the tenant shall be guilty of having infringed the conditions of tenancy”
2018 SCMR 1891
2018 SCMR 1891
“Directions were issued by the Honorable Supreme Court regarding entrance exams for the Bar and law colleges; ban against conducting law classes by certain institutions; ban on mushroom admissions to post-graduate law programmes; ban on admission to 3 years LL.B programme and holding of evening classes; designation of curriculum for the LL.B programme; qualification of faculty members at law colleges; constitution of Affiliating Committees for law colleges; introduction of Special Equivalence Examination for law graduates of foreign universities etc.”
“Directions were issued by the Honorable Supreme Court regarding entrance exams for the Bar and law colleges; ban against conducting law classes by certain institutions; ban on mushroom admissions to post-graduate law programmes; ban on admission to 3 years LL.B programme and holding of evening classes; designation of curriculum for the LL.B programme; qualification of faculty members at law colleges; constitution of Affiliating Committees for law colleges; introduction of Special Equivalence Examination for law graduates of foreign universities etc.”
2017 SCMR 969
2017 SCMR 969
Represented clients in a service matter, the case mainly focused upon promotion criteria adopted by Central Selection Board was held to be “The entire impugned process being flawed for want of a well thought out structured objective criteria, and lacking in due process, gave way to arbitrariness, ambiguity and a whimsical approach, the Establishment Division was to place all of those cases which were laid before the board through the impugned exercise/process, afresh, after withdrawing the overriding effect of five (5) marks assigned for integrity/reputation etc. and removing the deviation of the focus of the board from the service dossier to the personal knowledge of its members.”
Represented clients in a service matter, the case mainly focused upon promotion criteria adopted by Central Selection Board was held to be “The entire impugned process being flawed for want of a well thought out structured objective criteria, and lacking in due process, gave way to arbitrariness, ambiguity and a whimsical approach, the Establishment Division was to place all of those cases which were laid before the board through the impugned exercise/process, afresh, after withdrawing the overriding effect of five (5) marks assigned for integrity/reputation etc. and removing the deviation of the focus of the board from the service dossier to the personal knowledge of its members.”
2016 SCMR 1596
2016 SCMR 1596
This case discussed in detail the implications of a gift made by a Pardanashin lady which was challenged by her.
This case discussed in detail the implications of a gift made by a Pardanashin lady which was challenged by her.
2021 C L C 2005
2021 C L C 2005
Matter involved the setting aside of an ex-parte decree, Held: Process Server did not make any endeavor to trace the petitioner/defendant, he did not conduct exercise to trace whereabouts thereof and locate him, any effort, pain, diligence as required by the R.17 of the O.V, C.P.C., were non-existent, statement of Process Server was not recorded on oath and court passed the order in a mechanical manner by merely relying upon the statement of Process Server, Merely on the hyper-technical reasons to non-suit the petitioner was against the dictates of justice.
Matter involved the setting aside of an ex-parte decree, Held: Process Server did not make any endeavor to trace the petitioner/defendant, he did not conduct exercise to trace whereabouts thereof and locate him, any effort, pain, diligence as required by the R.17 of the O.V, C.P.C., were non-existent, statement of Process Server was not recorded on oath and court passed the order in a mechanical manner by merely relying upon the statement of Process Server, Merely on the hyper-technical reasons to non-suit the petitioner was against the dictates of justice.
2022 YLR (Note 4)
2022 YLR (Note 4)
Rent Controller while acting as executing court acts as civil court by virtue of sec 23 of the Islamabads Rent Restriction Ordinance 2001, Held:All rent matters when pressed into execution proceedings under Ss. 14, 17 & 18 would be construed as decree of the civil court, resultantly provisions of the O.XXI of the Code of Civil Procedure would come into field. Domain and sphere of executing court headed by Rent Controller is undoubtedly as of the civil court.
Rent Controller while acting as executing court acts as civil court by virtue of sec 23 of the Islamabads Rent Restriction Ordinance 2001, Held:All rent matters when pressed into execution proceedings under Ss. 14, 17 & 18 would be construed as decree of the civil court, resultantly provisions of the O.XXI of the Code of Civil Procedure would come into field. Domain and sphere of executing court headed by Rent Controller is undoubtedly as of the civil court.
2022 YLR 310
2022 YLR 310
Failure to Prepare Decree Sheet, Held: No person could be allowed to suffer or his right be prejudiced on account of an act of the court. Drawing up of a decree was the duty of the Trial Court and there was no provision in the Code of Civil Procedure which prescribed a time for drawing a decree. Trial Court was directed to draw a decree in terms of the impugned order.
Failure to Prepare Decree Sheet, Held: No person could be allowed to suffer or his right be prejudiced on account of an act of the court. Drawing up of a decree was the duty of the Trial Court and there was no provision in the Code of Civil Procedure which prescribed a time for drawing a decree. Trial Court was directed to draw a decree in terms of the impugned order.
PLD 2019 ISB 365
PLD 2019 ISB 365
The Larger bench of Islamabad High Court elaborated the authority of CDA to regulate construction in areas of E-11 and Banigala. The Court in detail examined the master plan of the Islamabad Capital Territory.
The Larger bench of Islamabad High Court elaborated the authority of CDA to regulate construction in areas of E-11 and Banigala. The Court in detail examined the master plan of the Islamabad Capital Territory.
2022 M L D 905 ISB
2022 M L D 905 ISB
Bail of accused arrested under Narcotics law, Held: an accused person cannot be left at the mercy of the prosecution to remain in jail for an indefinite period. The liberty of an individual has been guaranteed by the Constitution and to have a speedy trial is an inalienable right of every accused person.
Bail of accused arrested under Narcotics law, Held: an accused person cannot be left at the mercy of the prosecution to remain in jail for an indefinite period. The liberty of an individual has been guaranteed by the Constitution and to have a speedy trial is an inalienable right of every accused person.
2021 M L D 617
2021 M L D 617
In a lis initiated under the Specific Relief Act, 1877, normal course, which the Court adopted , was to examine each and every detail qua agreement inter-se the parties besides claim and counter-claims thereto with actions performed or omitted to perform and then to award appropriate relief, In the suit for specific performance, amount (balance sale consideration) should have been available with the plaintiff and the respondent had deposited the same within the time allowed by the Trial Court while granting temporary injunction. Appellant could not bring anything on record that required amount was not available with the respondent. When the appellant, on the fixed date, failed to abide by his commitment, the respondent resorted to civil action and the Trial Court extended specific relief in his(respondent's) favour which, in the backdrop of the facts of the present case, appeared to be in accordance with the canons of law.
In a lis initiated under the Specific Relief Act, 1877, normal course, which the Court adopted , was to examine each and every detail qua agreement inter-se the parties besides claim and counter-claims thereto with actions performed or omitted to perform and then to award appropriate relief, In the suit for specific performance, amount (balance sale consideration) should have been available with the plaintiff and the respondent had deposited the same within the time allowed by the Trial Court while granting temporary injunction. Appellant could not bring anything on record that required amount was not available with the respondent. When the appellant, on the fixed date, failed to abide by his commitment, the respondent resorted to civil action and the Trial Court extended specific relief in his(respondent's) favour which, in the backdrop of the facts of the present case, appeared to be in accordance with the canons of law.
2021 Y L R 1676
2021 Y L R 1676
Appeal of husband before Appellate Court against the decree in favour of his wife was dismissed for being time-barred, Delay in approaching the forum (Appellate Court) gave/created valuable rights in favour of other party and even approaching High Court with an inordinate delay of 14/15 months attracted the maxim 'delay defeats equity.
Appeal of husband before Appellate Court against the decree in favour of his wife was dismissed for being time-barred, Delay in approaching the forum (Appellate Court) gave/created valuable rights in favour of other party and even approaching High Court with an inordinate delay of 14/15 months attracted the maxim 'delay defeats equity.
2021 Y L R 1436
2021 Y L R 1436
Dishonestly issuing a cheque, Complainant could initiate criminal proceedings at any of the two places i.e. where the cheque was deposited for encashment or where it was dishonored. Ex-officio Justice of Peace is not bound to requisition the report from the concerned authority but when it has been requisitioned then due weight is required to be given to it, at the same time, the Justice ofPeace is not expected to avoid its duty to respond to the question of law, if involved in the matter, as required by law.
Dishonestly issuing a cheque, Complainant could initiate criminal proceedings at any of the two places i.e. where the cheque was deposited for encashment or where it was dishonored. Ex-officio Justice of Peace is not bound to requisition the report from the concerned authority but when it has been requisitioned then due weight is required to be given to it, at the same time, the Justice ofPeace is not expected to avoid its duty to respond to the question of law, if involved in the matter, as required by law.
2021 M L D 698
2021 M L D 698
Defendant/respondent did not have any specific title of plot which could be transferred through agreements in question. Plaintiff/appellant failed to establish execution of agreements. Both agreements did not contain specific particulars of plot and the agreement did not qualify status of contingent contract, to be enforced by operation of law on account of deficient in terms of S.32 of Contract Act, 1872, which had made contingent contract enforceable by law. No agreement after issuance of final allotment letter i.e. title document, Only those agreements were enforceable by law under Specific Relief Act, 1877, which had entailed specific, exact and complete details of land/property, coupled with the consideration, while a contingent contract could not be enforced by law until the event had happened.
Defendant/respondent did not have any specific title of plot which could be transferred through agreements in question. Plaintiff/appellant failed to establish execution of agreements. Both agreements did not contain specific particulars of plot and the agreement did not qualify status of contingent contract, to be enforced by operation of law on account of deficient in terms of S.32 of Contract Act, 1872, which had made contingent contract enforceable by law. No agreement after issuance of final allotment letter i.e. title document, Only those agreements were enforceable by law under Specific Relief Act, 1877, which had entailed specific, exact and complete details of land/property, coupled with the consideration, while a contingent contract could not be enforced by law until the event had happened.
2020 M L D 1669
2020 M L D 1669
When the time fixed in sale agreement had approached, plaintiff should have been ready and had shown his bona fide by depositing total sale consideration in Court to demonstrate his readiness for performance of sale agreement. High Court directed defendant to return earnest money along with interest / markup at Bank rate calculated from February, 2005 till the date of payment in two equal installments within a period of six months. High Court modified judgment and decree passed by Trial Court
When the time fixed in sale agreement had approached, plaintiff should have been ready and had shown his bona fide by depositing total sale consideration in Court to demonstrate his readiness for performance of sale agreement. High Court directed defendant to return earnest money along with interest / markup at Bank rate calculated from February, 2005 till the date of payment in two equal installments within a period of six months. High Court modified judgment and decree passed by Trial Court
2020 Y L R 2306
2020 Y L R 2306
Arbitration- Delay in construction caused due to default in payment of instalments by the allottees, such allottees were not entitled to any compensation, Costs of apartments given in the brochure and allotment letters were not final but tentative in nature and were subject to variations, Rights and liabilities of the parties were to be determined in the light of terms and conditions of agreement containing arbitration clause.
Arbitration- Delay in construction caused due to default in payment of instalments by the allottees, such allottees were not entitled to any compensation, Costs of apartments given in the brochure and allotment letters were not final but tentative in nature and were subject to variations, Rights and liabilities of the parties were to be determined in the light of terms and conditions of agreement containing arbitration clause.
2020 P T D 1252
2020 P T D 1252
Income tax provisions in relations to persons and association of persons, Question before High Court was whether two Association of Persons ("AOPs") having the same partners with the same percentage, complete common ownership and same nature of business, were liable to be assessed jointly for purposes of income tax assessment? Held, that Department, in the present case, had itself allotted independent / separate National Tax Numbers (NTNs) to the two "AOPs" and nature of their business was distinct, Department had itself acknowledged separate significance of said "AOPs" by not disallowing salary expense of either "AOP". Separate income tax assessment of said "AOPs" was therefore justified.
Income tax provisions in relations to persons and association of persons, Question before High Court was whether two Association of Persons ("AOPs") having the same partners with the same percentage, complete common ownership and same nature of business, were liable to be assessed jointly for purposes of income tax assessment? Held, that Department, in the present case, had itself allotted independent / separate National Tax Numbers (NTNs) to the two "AOPs" and nature of their business was distinct, Department had itself acknowledged separate significance of said "AOPs" by not disallowing salary expense of either "AOP". Separate income tax assessment of said "AOPs" was therefore justified.
2020 Y L R 2135
2020 Y L R 2135
When any document produced on behalf of plaintiff had been denied by the defendant then authenticity and credibility of the said document would be subject to final adjudication by the Court. Temporary injunction in that eventuality could not be granted, disputed questions of facts were involved in the present case and same could be determined through evidence. Defendants were in possession of the suit property and they were entitled to free and lawful usufruct of the same.
When any document produced on behalf of plaintiff had been denied by the defendant then authenticity and credibility of the said document would be subject to final adjudication by the Court. Temporary injunction in that eventuality could not be granted, disputed questions of facts were involved in the present case and same could be determined through evidence. Defendants were in possession of the suit property and they were entitled to free and lawful usufruct of the same.
2021 PCr.LJ 904
2021 PCr.LJ 904
Orders/judgments which are sketchy, slipshod and devoid of reasons cannot be described as a speaking or judicial orders within the legal parlance., Trial Court was competent under S. 227, Cr.P.C. to alter or add to any charge at any time before judgment was pronounced. Orders passed by both the Courts below did not qualify the status of speaking orders for want of reasoning and material made basis to arrive at conclusion.
Orders/judgments which are sketchy, slipshod and devoid of reasons cannot be described as a speaking or judicial orders within the legal parlance., Trial Court was competent under S. 227, Cr.P.C. to alter or add to any charge at any time before judgment was pronounced. Orders passed by both the Courts below did not qualify the status of speaking orders for want of reasoning and material made basis to arrive at conclusion.
2017 C L C 1173
2017 C L C 1173
Bar Council could not be regarded as a person performing functions in connection with the affairs of the Federation, Province or local authority---High Court, in exercise of its powers under Art.199 of the Constitution declined to pass any order against respondents.
Bar Council could not be regarded as a person performing functions in connection with the affairs of the Federation, Province or local authority---High Court, in exercise of its powers under Art.199 of the Constitution declined to pass any order against respondents.
2021 Y L R 1342
2021 Y L R 1342
Remedy of extra-ordinary concession of pre-arrest bail is meant to save innocent from false implication, rigors of trial and humiliation, Petitioners had taken law in their hands---Case was not where only diyat, arsh was payable alone, side-by-side imprisonment even up to ten years was provided which was included in the limb of S. 497 of the Cr.P.C, Circumstances warranted to refrain from extending the benefit of extraordinary relief---Petition was dismissed and ad-interim bail granted to the petitioners was recalled, in circumstances.
Remedy of extra-ordinary concession of pre-arrest bail is meant to save innocent from false implication, rigors of trial and humiliation, Petitioners had taken law in their hands---Case was not where only diyat, arsh was payable alone, side-by-side imprisonment even up to ten years was provided which was included in the limb of S. 497 of the Cr.P.C, Circumstances warranted to refrain from extending the benefit of extraordinary relief---Petition was dismissed and ad-interim bail granted to the petitioners was recalled, in circumstances.
2020 P L C 184
2020 P L C 184
Employees of Pakistan Railways, Transfer and posting, Full Bench of National Industrial Relations Commission was not available for want of quorum, No one should be rendered remediless when a remedy had been provided by the legislature. High Court had constitutional jurisdiction to rescue an aggrieved party for redressal of his grievance during such interregnum, Employees did not fall within the definition of "workman",Impugned order was not sustainable. in circumstances Operation of impugned order passed by the Member National Industrial Relations Commission was suspended till availability of Full Bench of National Industrial Relations Commission.
Employees of Pakistan Railways, Transfer and posting, Full Bench of National Industrial Relations Commission was not available for want of quorum, No one should be rendered remediless when a remedy had been provided by the legislature. High Court had constitutional jurisdiction to rescue an aggrieved party for redressal of his grievance during such interregnum, Employees did not fall within the definition of "workman",Impugned order was not sustainable. in circumstances Operation of impugned order passed by the Member National Industrial Relations Commission was suspended till availability of Full Bench of National Industrial Relations Commission.
2020 Y L R 932
2020 Y L R 932
Where there was admission of relationship and it was in specific words, same was an admission of fact, Rent Controller and Lower Appellate Court rightly observed that respondents were tenants under the petitioners, Parties failed to produce original lease agreement but otherwise relationship was admitted, Tenancy could be treated as periodic based on frequency with which tenants paid rent.
Where there was admission of relationship and it was in specific words, same was an admission of fact, Rent Controller and Lower Appellate Court rightly observed that respondents were tenants under the petitioners, Parties failed to produce original lease agreement but otherwise relationship was admitted, Tenancy could be treated as periodic based on frequency with which tenants paid rent.
2017 P L C (C.S.) 907
2017 P L C (C.S.) 907
Civil servant could only be deferred/superseded for the reasons set out in the Promotion Policy/Guidelines for Departmental Promotion Committee---If an officer was not promoted on account of some deficiency in his work then he would be entitled to know the detail as to what exactly that deficiency was and which aspect of his work he needed to improve upon---Simply deferring an officer by telling him that his work performance needed to be watched, was not just vague, ambiguous, imprecise and nebulous but unacceptable in the service jurisprudence.
Civil servant could only be deferred/superseded for the reasons set out in the Promotion Policy/Guidelines for Departmental Promotion Committee---If an officer was not promoted on account of some deficiency in his work then he would be entitled to know the detail as to what exactly that deficiency was and which aspect of his work he needed to improve upon---Simply deferring an officer by telling him that his work performance needed to be watched, was not just vague, ambiguous, imprecise and nebulous but unacceptable in the service jurisprudence.
2021 Y L R 631
2021 Y L R 631
Suit was at the stage of arguments/decision upon application for temporary injunction when it was dismissed for non-prosecution which, as a matter of course, could not have been dismissed being beyond the mandate of the proceedings fixed for that particular date i.e. decision upon application for temporary injunction. Impugned order amounted to a surprise order because as per law when an application was fixed then any other order except an order upon said application amounted to a surprise order, which was not warranted by the law.
Suit was at the stage of arguments/decision upon application for temporary injunction when it was dismissed for non-prosecution which, as a matter of course, could not have been dismissed being beyond the mandate of the proceedings fixed for that particular date i.e. decision upon application for temporary injunction. Impugned order amounted to a surprise order because as per law when an application was fixed then any other order except an order upon said application amounted to a surprise order, which was not warranted by the law.
2021 Y L R 43
2021 Y L R 43
For entertaining a suit for jactitation of marriage, foundation of marriage i.e. Nikahnama and existence of valid marriage is to be made subject of that litigation. Parties were husband and wife inter se and husband sought jactitation of marriage on the plea that divorce pronounced by him had become final and there remained no valid marriage between them, Wife resisted the suit on the ground that divorce pronounced by her husband was revoked and there existed a valid marriage between them.
For entertaining a suit for jactitation of marriage, foundation of marriage i.e. Nikahnama and existence of valid marriage is to be made subject of that litigation. Parties were husband and wife inter se and husband sought jactitation of marriage on the plea that divorce pronounced by him had become final and there remained no valid marriage between them, Wife resisted the suit on the ground that divorce pronounced by her husband was revoked and there existed a valid marriage between them.
2021 P Cr. L J 631
2021 P Cr. L J 631
Possession of narcotics---Safe custody---Scope---Proving unbroken chain of safe transmission of the sample parcels is necessary for conviction in narcotic cases because the recovery is not just a corroboratory piece of evidence rather constitutes the charge having punishment and if unbroken chain of safe custody has not been established, it would be considered grave and fatal for the prosecution case.
Possession of narcotics---Safe custody---Scope---Proving unbroken chain of safe transmission of the sample parcels is necessary for conviction in narcotic cases because the recovery is not just a corroboratory piece of evidence rather constitutes the charge having punishment and if unbroken chain of safe custody has not been established, it would be considered grave and fatal for the prosecution case.
2021 P Cr. L J 18
2021 P Cr. L J 18
High Court observed that if offence was committed at the verge of juvenility, it had far reaching consequences upon future of an offender; every sentence had a purpose though the way in which it was to be accomplished could vary or differ. Case of a repeater or habitual offender where probability of reformation was little and case of first time novice offender, where he/she had regret wrongdoing, such two cases could not be measured on same yardsticks and the latter case deserved a lenient view.
High Court observed that if offence was committed at the verge of juvenility, it had far reaching consequences upon future of an offender; every sentence had a purpose though the way in which it was to be accomplished could vary or differ. Case of a repeater or habitual offender where probability of reformation was little and case of first time novice offender, where he/she had regret wrongdoing, such two cases could not be measured on same yardsticks and the latter case deserved a lenient view.
2021 M L D 297
2021 M L D 297
High Court observed that welfare of a suckling child was to be kept in view as the child was subject of society who should not be made to suffer in jail for an offence, allegedly committed by his/her mother. Inevitable for the survival of the child that mother should be released on bail so the child could prosper in a healthy environment at home which otherwise could not be provided in jail enclosures. Bail was allowed
High Court observed that welfare of a suckling child was to be kept in view as the child was subject of society who should not be made to suffer in jail for an offence, allegedly committed by his/her mother. Inevitable for the survival of the child that mother should be released on bail so the child could prosper in a healthy environment at home which otherwise could not be provided in jail enclosures. Bail was allowed
2015 P L C (C.S.) 1137
2015 P L C (C.S.) 1137
Division Bench of High Court directed all government and semi-government departments, government agencies and statutory corporations to approach the Committee for regularization of employees who fulfill criteria as laid down in Notification OM No.10/30/2008-R-II, dated 29-8-2008, and each case would be examined on its own merits after giving an opportunity of hearing to parties---Regularization policy could not be construed or implemented in manner which might extend legitimacy to illegally appointed employees.
Division Bench of High Court directed all government and semi-government departments, government agencies and statutory corporations to approach the Committee for regularization of employees who fulfill criteria as laid down in Notification OM No.10/30/2008-R-II, dated 29-8-2008, and each case would be examined on its own merits after giving an opportunity of hearing to parties---Regularization policy could not be construed or implemented in manner which might extend legitimacy to illegally appointed employees.
2020 P L C (C.S.) 1196
2020 P L C (C.S.) 1196
Grievance of petitioner was that he was selected for a foreign posting but authorities had halted posting in question. Writ could only be issued, if violation of fundamental right enshrined in the Constitution or for infringement of a vested right had accrued in favour of an aggrieved person.
Grievance of petitioner was that he was selected for a foreign posting but authorities had halted posting in question. Writ could only be issued, if violation of fundamental right enshrined in the Constitution or for infringement of a vested right had accrued in favour of an aggrieved person.
2021 M L D 1031
2021 M L D 1031
No one could compel any plaintiff/petitioner to implead any person in a suit/petition but once any person was impleaded then for deletion of that person choice did not vest with the plaintiff/petitioner. No prejudice was caused to respondent if petitioner was allowed to join/remain in proceedings wherein respondents themselves impleaded him as tenant; petitioner was necessary and proper party in proceedings for decision of controversy as per law.
No one could compel any plaintiff/petitioner to implead any person in a suit/petition but once any person was impleaded then for deletion of that person choice did not vest with the plaintiff/petitioner. No prejudice was caused to respondent if petitioner was allowed to join/remain in proceedings wherein respondents themselves impleaded him as tenant; petitioner was necessary and proper party in proceedings for decision of controversy as per law.
2021 M L D 872
2021 M L D 872
Plaintiff claimed declaration of the facts that he purchased the vehicle through a sale agreement and then handed it over to the defendant on rent, while the defendant in his application under S.12(2), C.P.C. asserted that he purchased the vehicle through an agreement for consideration. Grounds for setting aside ex-parte decree under O.IX, R.13, C.P.C. are different from those mentioned in S.12(2), C.P.C. Applicant, in the former case, has to show sufficient cause for his absence from the court and if the court comes to the conclusion that the absence of the defendant was neither wilful nor deliberate or he was not duly served, the court can set aside ex-parte decree; however, in the latter case, if a decree was passed without jurisdiction or some fraud had been practiced on the court or through misrepresentation decree was obtained, the court was to set it aside under S.12(2), C.P.C.
Plaintiff claimed declaration of the facts that he purchased the vehicle through a sale agreement and then handed it over to the defendant on rent, while the defendant in his application under S.12(2), C.P.C. asserted that he purchased the vehicle through an agreement for consideration. Grounds for setting aside ex-parte decree under O.IX, R.13, C.P.C. are different from those mentioned in S.12(2), C.P.C. Applicant, in the former case, has to show sufficient cause for his absence from the court and if the court comes to the conclusion that the absence of the defendant was neither wilful nor deliberate or he was not duly served, the court can set aside ex-parte decree; however, in the latter case, if a decree was passed without jurisdiction or some fraud had been practiced on the court or through misrepresentation decree was obtained, the court was to set it aside under S.12(2), C.P.C.
2021 M L D 738
2021 M L D 738
Prosecution case was that 1140 grams charas was recovered from the possession of accused but Recovery witness had not given the details of the proceedings that had taken place on the spot, statedly conducted by the Investigating Officer, the statement of Investigating Officer was discrepant with regard to the proceedings of weighing the charas in presence of witnesses, the testimony of Investigating Officer did not lend corroboration to the statement of recovery witness regarding material aspects, Appeal against conviction was allowed, in circumstances.
Prosecution case was that 1140 grams charas was recovered from the possession of accused but Recovery witness had not given the details of the proceedings that had taken place on the spot, statedly conducted by the Investigating Officer, the statement of Investigating Officer was discrepant with regard to the proceedings of weighing the charas in presence of witnesses, the testimony of Investigating Officer did not lend corroboration to the statement of recovery witness regarding material aspects, Appeal against conviction was allowed, in circumstances.
2021 M L D 549
2021 M L D 549
Accused while driving a 'dumper' rashly and negligently hit a motorcycle due to which son of complainant died on the spot while another sustained serious injuries. Accused, at the relevant time, had no valid licence to drive a heavy-duty vehicle and during the course of investigation he had admitted his guilt, therefore, in such an eventuality, he was not entitled to the concession of bail.
Accused while driving a 'dumper' rashly and negligently hit a motorcycle due to which son of complainant died on the spot while another sustained serious injuries. Accused, at the relevant time, had no valid licence to drive a heavy-duty vehicle and during the course of investigation he had admitted his guilt, therefore, in such an eventuality, he was not entitled to the concession of bail.
2021 C L C 809
2021 C L C 809
Suit for maintenance of minors---Financial status of father, when the legitimate source of income of the petitioner was shrouded in mystery and it was established that the respondent was a working lady and had been contributing towards maintenance parallel to the petitioner; the awarded maintenance appeared to be excessive.
Suit for maintenance of minors---Financial status of father, when the legitimate source of income of the petitioner was shrouded in mystery and it was established that the respondent was a working lady and had been contributing towards maintenance parallel to the petitioner; the awarded maintenance appeared to be excessive.
2020 Y L R 2657
2020 Y L R 2657
Remedy was available to petitioner to approach the forum of Ex-Officio Justice of Peace, instead of moving High Court directly. Assuming of jurisdiction by High Court not legally warranted would amount to abridge wisdom and intention of Legislature.
Remedy was available to petitioner to approach the forum of Ex-Officio Justice of Peace, instead of moving High Court directly. Assuming of jurisdiction by High Court not legally warranted would amount to abridge wisdom and intention of Legislature.
2020 P Cr. L J 1307
2020 P Cr. L J 1307
Petitioner sought recovery of her minor son and daughter from the custody of her ex-husband. Territorial jurisdiction signifies limits of a Court because the law in its generality is territorial and this is fundamental hall mark foundational pillar of the English jurisprudence---When one Court has been established for a particular territorial boundaries then to exercise jurisdiction in that domain, for which prerogative is of the other High Court is against the law and coram non judice and without lawful authority.
Petitioner sought recovery of her minor son and daughter from the custody of her ex-husband. Territorial jurisdiction signifies limits of a Court because the law in its generality is territorial and this is fundamental hall mark foundational pillar of the English jurisprudence---When one Court has been established for a particular territorial boundaries then to exercise jurisdiction in that domain, for which prerogative is of the other High Court is against the law and coram non judice and without lawful authority.
2020 P Cr. L J 792
2020 P Cr. L J 792
High Court under Art. 199 of the Constitution and S. 561-A of Criminal Procedure Code, 1898 had power to quash the FIR but such power was required to be exercised in exceptional and rare cases. High Court observed that exercise of such power in routine would not only crumble down the process but also result in devastating the exercise carried on by the investigating agency and the complainant as well before its logical conclusion
High Court under Art. 199 of the Constitution and S. 561-A of Criminal Procedure Code, 1898 had power to quash the FIR but such power was required to be exercised in exceptional and rare cases. High Court observed that exercise of such power in routine would not only crumble down the process but also result in devastating the exercise carried on by the investigating agency and the complainant as well before its logical conclusion
2020 P Cr. L J 931
2020 P Cr. L J 931
"Proclaimed offender" and "voluntary surrender", Some difference had to be there between proclaimed offender, who has remained subject of raids, exercise to trace whereabouts, search by investigating agency and finally caught, arrested due to efforts by the police or either during proceedings on the direction of the Court and one who himself voluntarily surrenders before the Court of law, puts himself to the mercy of the Court, seeks protection of the Court and presents himself to seek assistance of the Court/access to justice. If some benefit is not extended to the latter, in response to his volunteer act as compared to the forceful arrest by the police/agency, same will amount to denial to access to justice, he has placed/put confidence upon the administration of criminal justice system---Court believed that one who wants to avail protection of criminal justice system, should not be discouraged and penalized for his good deed because finally the matter is to be dealt with by the Court of competent jurisdiction on merits.
"Proclaimed offender" and "voluntary surrender", Some difference had to be there between proclaimed offender, who has remained subject of raids, exercise to trace whereabouts, search by investigating agency and finally caught, arrested due to efforts by the police or either during proceedings on the direction of the Court and one who himself voluntarily surrenders before the Court of law, puts himself to the mercy of the Court, seeks protection of the Court and presents himself to seek assistance of the Court/access to justice. If some benefit is not extended to the latter, in response to his volunteer act as compared to the forceful arrest by the police/agency, same will amount to denial to access to justice, he has placed/put confidence upon the administration of criminal justice system---Court believed that one who wants to avail protection of criminal justice system, should not be discouraged and penalized for his good deed because finally the matter is to be dealt with by the Court of competent jurisdiction on merits.
2020 P L C (C.S.) 996
2020 P L C (C.S.) 996
High Court was not precluded / prevented from taking into account the admitted documents, which were available on record as "Marked Documents" and most of the documents were part and parcel of official record of Defendant Company. When the documents were presented by plaintiff during his examination-in-chief, there was not a single objection from the other side upon presentation / placing of those documents on record.
High Court was not precluded / prevented from taking into account the admitted documents, which were available on record as "Marked Documents" and most of the documents were part and parcel of official record of Defendant Company. When the documents were presented by plaintiff during his examination-in-chief, there was not a single objection from the other side upon presentation / placing of those documents on record.
2020 P L C (C.S.) 964
2020 P L C (C.S.) 964
Legislature had created Service Tribunals for the purpose of adjudication of matters relating to terms and conditions of service of civil servants, Jurisdiction of all other Courts with regard to matters of terms and conditions of service had been barred under Art.212 of the Constitution. Person who remained a civil servant did include a retired employee; Retired employees had not been ousted from agitating their claims with regard to terms and conditions of their service before Service Tribunal. Petitioner being a civil servant was barred to agitate his claim before High Court under Article 212 of the Constitution.
Legislature had created Service Tribunals for the purpose of adjudication of matters relating to terms and conditions of service of civil servants, Jurisdiction of all other Courts with regard to matters of terms and conditions of service had been barred under Art.212 of the Constitution. Person who remained a civil servant did include a retired employee; Retired employees had not been ousted from agitating their claims with regard to terms and conditions of their service before Service Tribunal. Petitioner being a civil servant was barred to agitate his claim before High Court under Article 212 of the Constitution.
2020 M L D 2025
2020 M L D 2025
Capital Development Authority issued Provisional Offer of Allotment of Land in favour of plaintiff company for 33 years lease to construct shopping mall, which offer was withdrawn, Trial Court dismissed the suit filed by plaintiff. No declaratory decree could be passed in favour of plaintiff as no right was in existence in face of denial on the part of Authority---Just a Provisional Offer of Allotment of Land which had been withdrawn by the Authority and plaintiff had not assailed the withdrawal---High Court declined to interfere in judgment and decree passed by Trial Court---Appeal was dismissed in circumstances.
Capital Development Authority issued Provisional Offer of Allotment of Land in favour of plaintiff company for 33 years lease to construct shopping mall, which offer was withdrawn, Trial Court dismissed the suit filed by plaintiff. No declaratory decree could be passed in favour of plaintiff as no right was in existence in face of denial on the part of Authority---Just a Provisional Offer of Allotment of Land which had been withdrawn by the Authority and plaintiff had not assailed the withdrawal---High Court declined to interfere in judgment and decree passed by Trial Court---Appeal was dismissed in circumstances.
2020 M L D 1985
2020 M L D 1985
Application under S.12(2), C.P.C.. was required to be decided after framing of issues and after providing a chance to respective parties to lead evidence, Such principle, however, was not to be followed in each and every case and was dependent on nature of assertions made in an application under S.12(2) C.P.C. along with material annexed thereto.
Application under S.12(2), C.P.C.. was required to be decided after framing of issues and after providing a chance to respective parties to lead evidence, Such principle, however, was not to be followed in each and every case and was dependent on nature of assertions made in an application under S.12(2) C.P.C. along with material annexed thereto.
2012 C L C 1129
2012 C L C 1129
Trial Court was under duty to examine the plaint for the purpose of determining whether the plaint should be returned or rejected under Order VII, Rr.10 & 11 of the C.P.C.Order for rejection of a plaint should be speaking order and a civil suit could not be disposed of by writing a few lines only.
Trial Court was under duty to examine the plaint for the purpose of determining whether the plaint should be returned or rejected under Order VII, Rr.10 & 11 of the C.P.C.Order for rejection of a plaint should be speaking order and a civil suit could not be disposed of by writing a few lines only.
P L D 2009 Islamabad 1
P L D 2009 Islamabad 1
If the application was with respect to the guardianship of the person of the minor, it would be made to the District Court having jurisdiction in the place where the minor ordinarily resided. Word "ordinarily" would mean more than a mere temporary residence, ordinarily abode of minor, after second marriage of his/her mother, would be where the mother resided.
If the application was with respect to the guardianship of the person of the minor, it would be made to the District Court having jurisdiction in the place where the minor ordinarily resided. Word "ordinarily" would mean more than a mere temporary residence, ordinarily abode of minor, after second marriage of his/her mother, would be where the mother resided.
2004 P L C (C.S.) 1041
2004 P L C (C.S.) 1041
Petitioner having degree of MBA (Finance) and M.A. (Economics) would certainly be holding an additional qualification, thus, would be entitled to two marks permissible under the Rules, Petitioner had filed training certificate in computer software courses, Position of petitioner would come at number one on merits after addition of such seven marks. Respondent being Chartered Accountant, would not stand on higher pedestal as all such four qualifications were at par, Respondent had not taken over the charge. Department had not considered matter in true spirit of judgment reported as 2003 SCMR 291.
Petitioner having degree of MBA (Finance) and M.A. (Economics) would certainly be holding an additional qualification, thus, would be entitled to two marks permissible under the Rules, Petitioner had filed training certificate in computer software courses, Position of petitioner would come at number one on merits after addition of such seven marks. Respondent being Chartered Accountant, would not stand on higher pedestal as all such four qualifications were at par, Respondent had not taken over the charge. Department had not considered matter in true spirit of judgment reported as 2003 SCMR 291.