Case Laws

Criminal

2011-04-20T07:50:00.001-07:00

Additional Evidence

96 PCrLJ 757, Additional prosecution evidence ---No material can be allowed to be placed on record against accused subsequent to the framing of the charge.

Add or Delete Section

NLR 06 Cr. 345, 22A, Additional Sessions Judge has power to add or delete sections.

S.249-A/561A

Sec. 379 92PCrLJ 2054 (Sec.249-A, 379PPC) 07PcrLJ 1623 (Sec.249-A, 379PPC)

03YLR 2749

95MLD 511, 567

95PCrLJ 874, (Trial Court should be moved first)

94SCMR 798 (Sec 561) *Can be moved at any stage.

93NLR CrLJ 204

92PCrLJ 2054 (Even before framing of charge)

Sec440 85PCrLJ 929 Preliminary inquiry

Sec.420, 468, 471. P04 SC 364 Court can acquit at any stage. Accused had filed a civil suit, element of fraud was to be ascertained.

P 09 SC 102, Groundless charge.

89 PCrLJ 1366, No hardship when accused is on bail.

06 NLR Cr 104 Pesh, Non availing of remedy under 249A would not refuse him relief under 561A.

Bail Before Arrest

10 MLD 63, 06 MLD 215, Malafide

08PCrR Lah 33, 04MLD 1095, 1506 (No malafide alleged)

07 PCrLJ 604, 95 PCrLJ 1635 (Accused absented on day of arguments)

10PLJ CR.C Pesh 867 (Cross version)

337A(ii) Refused, 10PCrLJ 8, 03YLR 2323

337 F(I, ii, v) 10 PLJ Cr.C. 287 Confirmed

302/324 10PLJ Cr.C 402 Nominated but no role assigned, Confirmed.

10 PLJ Cr.C. 387, Dismissal of certain pre arrest bail application due to non-appearance would not disentitle him to concession of pre arrest bail.

75 PCrLJ 628 Previous conviction

10YLR 2183, Failure of accused to appear in court. Explanation that I.O had given him assurance that he would be disposing of the case in C class and under that impression he never appeared before trial court. Explanation plausible.

489F, 10 YLR 2179, Refused

489F, 10 YLR 2110, Granted.

Bail After Arrest

08PCrR Lah 1415 (Previously nominated)

92NLR Cr. 166 Police opinion of no importance

09MLD 1106, 10 YLR 2176, Fugitive has no concession of bail,

337 A(i,ii)F(ii) Granted, 10PLJ Cr.C Lah 550

337 A(ii) 88PCrLJ 1245, 94PLR 696 (337Aii Refused) 10PLJ Cr.C Lah 865 (337Aii Confirmed)

95NLR Cr. 664 Cooling Period

Benefit of Doubt

10PLJ CrC Lah 524

09SCMR 230

CNSA

09PLD Lah 362, Sec. 9A, 9B, 9C. Schedule of punishments.

97SCMR 947 Requirements of 103 Cr.P.C. not complied with, entitled for bail

05MLD 386 Sample sent for chemical examination from only one pack, case to fall under 9a.

02 MLD 44, Lab report not brought on record.

07 CrLJ 913, Conviction can only be under 9A when sample made from only one piece.

09 NLR Cr. 126, S.103, Non compliance fatal for prosecution.

Charge

09 YLR 507, Purpose of charge.

Child Witness

10PLJ SC 1133

Civil and Criminal Litigation

06 CLC 289, judgment of criminal court does not influence case in civil court.

07 CrLJ 143, 08 CrLJ 1, Civil and criminal litigation can go side by side.

Compromise on Bail stage

02PCrlJ 1003

05SCMR 1342

Complaint S.200

94 PCrLJ 430 (Complaint to be recorded by Magistrate himself)

Dismissal of complaint in cognizable and non-compoundable case is void ab initio 03SCMR 59

Cross Examination

02 ylr 2362, No cross-examination means statement to that extent stands admitted.

91 SCMR 2300, Omission to cross-examine-- However was rebutted by making suggestions and denying the same in evidence.

10 PCrLJ 1253, Cross-examination of a witness is not just a formality, but is a valuable right of accused and best method to ascertain forensic truth---Where defence counsel is not available at the relevant time, court is under obligation to cross-examine the witnesses in order to ascertain the truth.

10 PCrLJ 812, Cross Examination by accused himself.

Defence Plea

08 YLR 2910, Defence plea---Law required that if accused had a defence plea, same should have been put up to the witnesses inCross-examination and then put up the same at the time of recording the statement under S.342, Cr.P. C.

Discharge Report

Court not bound to agree, 03PCrLJ 244(a), 1500. 04YLR Lah 836(b) Prof Nawaz case.

Double Jeopardy

S.403 10SCMR 861

Double Presumption of Truth

10PLJ SC 513

Finger Print

10 PLJ SC 575 Non appearance of finger print expert in support. Of no help

FIR

PJ 10 Cr.C. 466, Accused was not mentioned in FIR. If prosecution witnesses had identified the unknown person as accused then the name of the accused must have been mentioned in the FIR.

PJ 10 SC 986, Contents of FIR revealed that witnesses had seem the accused for the first time. If accused were not named in FIR then identification parade becomes necessary.

Habeas Corpus

10PLJ Lah 396 Habeas Corpus against father is not competent. REF 01SCMR 1782

Interim Bail

03PCrLJ 409

Injured Witness-Truthful Witness

07SCMR 670 (Only affirmative of his presence at the spot but not of his credibility)

Interested Witness

10PLJ Cr.C Lah 554

07PLJ SC 226

PJ 10 SC AJ&K, Witness made improvement in his statement, could not be considered as independent witness.

06 NLR Cr. 184, Conduct of eye witness unnatural.

Investigation

07 PSC Supreme Court 182, Investigation, defect in---Effect---Such defect might not be a valid ground for discharge d of an accused, but insufficiency in evidence would definitely be a strong ground to discharge him.

I.O

03PCrLJ 244(a), 1500, Discharge report, court not bound to agree

Japha

10PLJCr.C Lah 318

Judge and Law

07 NLR Cr. 217, Law is sometimes called an ass but judge should as far as it is possible, try not to become one.

337F(v)04PLD SC 477, 05MLD 454, 09 PCrLJ 75

489-F Granted. Behind the bars for the last five months, had admitted liability to extent of Rs400,000, 10PLJSC 1085?1087 (Sec.489-F) Bail granted where suit for recovery had been instituted. 06 CrLJ 77, 39 (Sec.489-F)

11MLD 311 Refused.

S.452 PPC

09 PCrLJ 1259 Previous litigation, 452 not attracted

08 PCrLJ 915, Injured not examined, fatal for prosecution case.

NLR 98 Cr Lah 10, FIR not lodged by owner of house, not competent.

Minor Discrepancies, Minor Contradictions

68 PCrLJ 1273,

02 ylr 3620, When a witness was subjected to a lengthy Cross-examination , it was very natural that some discrepancies would crop up and in such situation minor discrepancies should be ignored.

06 NLR Cr. 28, Minor contradictions in statements of PWs as to venue of occurrence would be hardly of any consequence.

06 NLR Cr. 184, Statements of PWs in contradictions with each other, no evidentiary value.

No one is to be vexed twice for same cause

95 SCMR 626, 02 PCrLJ 1712, P 97 L 680, 95 MLD 1563, 81 SCMR 1008,

Prevention of Corruption

P04 SC 364 Sec.420, 468, 471. Court can acquit at any stage. Accused had filed a civil suit, element of fraud was to be ascertained.

Polygamy, Sec.6

80PCrLJ 122 Complaint by wife

2000KLR CC 24

Recovery

Sec.103 10 PLJ Cr.C. 448 Strict compliance of Sec.103 was not required.

Recovery Witness

94 PCrLJ 475 (P.O. Recovery Witness)

93SCMR 1608, 04MLD 1253(b), 2000PCrLJ 340(b) (Police witnesses are competent witness as any other in absence of material to indicate that they were biased)

99 PCrLJ 356, Recovery ---witness who was accused in a criminal case and was under the influence and pressure of concerned police official could not be associated as a witness in Recovery proceedings.

Recovery Memo

10 PLJ SC 513 Over writing, cutting, highly doubtful.

Sole Witness

10PLJ Cr.C. 311, 06 NLR Cr. 270, Quality of evidence. Even in murder case testimony of single reliable witness is enough to base conviction.

Sec. 22A Cr.P.C.

11 MLD 223, Instead of filing constitution petition, petitioner could file private complaint.

10PLJ Lah 699, 309, Without going into veracity of information, without going into investigation. REF P07SC 539

10PLJ Pesh 52 (Cognizable Offence, case to be registered)

PJ 10 L 465, justice of peace can direct police to do the needful in accordance with law but not the procedure or give the direction to do a certain act.

S. 340(2)

91 PCrLJ Note 65 page 46, Question not put in interrogative form, prejudicial.

S. 342

99 MLD 2168, Mandatory

2000 MLD 370 Incriminating material not put to accused.

11 MLD 239 Failure to put any piece of evidence, HELD recovery could not be used as evidence.

NLR 06 Cr, 236 Lah, Failure by accused to take before trial court to point out non putting of incriminating material, would show no prejudice caused.

S.540 Cr.P.C

P 11 FSC 114, Technicalities should not stand in way of judge.

Civil

2011-04-20T07:49:00.000-07:00

Additional Evidence, O.41, R.27

P 11 SC 151 Additional evidence can only be allowed when it is in consonance with and within scope of pleadings and not otherwise.

Agreement to Sell

03 SCMR 848, P 06 L 1518, S. 12---Agreement to sell would not confer any right of ownership on any person.

Appellate Judgment

06 CLJ 222, S.115, Appellate judgment not sustainable when viewpoint of appellate court on many disputed questions is not available.

Approbate and Reprobate

06 CLC 1534, No one can be allowed to reprobate that which he has himself approbated.

Attesting Witness

10 PLJ Lah 411 Two attesting witnesses

Bank

06 MLD 1502, 946, Where bank is party in declaratory suit, suit should have been filed in Banking Court.

Chronic Defaulters

NLR 89 Rev 66, NLR 82 Rev 202 Chronic and habitual defaulters not entitled of concession.

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Defaulters cannot be ejected: 88CLC 81, 86CLC 2347

Condonation of delay

10PLJ Quetta, Each and every day has to be explained.

Contract

09 SCMR 276, Breach of Contract, Sole statement of plaintiff not enough.

Co-Sharer

89SCMR 130, 99CLC 598, Joint property,

98 CLC 857, Be restrained from cutting trees.

04 SCMR 1581, Specific possession.

05 NLR Civil 489, co sharer, neither estopped from claiming his share nor his right can be extinguished by lapse of time.

89 SCMR 130, 99 CLC 598 Co-sharer, joint property. (Stay)

Consolidation of suits

93CLC 723 Not allowed.

Conversion of Revision into Second Appeal

P 1993 Lah 7, Conversion of revision into second appeal --- Jurisdiction-- Technicalities should not stand in the way of disposal of cases --- High court has jurisdiction to allow conversion of revision into a regular second appeal Revision riled by plaintiffs was allowed to be converted into second appeal and they were directed to make up deficiency in court -fee .

Court Fee

PLD76 Kar295 Court fee not paid in appeal.

PLD66 Lah1 Ad valorem court fee.

74SCMR 364 Court fee not paid despite three opportunities, no further opportunity be given.

PLD66 Pesh., PLD Pesh 142 Deficiency be made up where mistake bonafide by counsel.

AIR24 Lah.401 No appeal legally presented if not properly stamped.

AIR Bombay343 Where insufficient stamped document has been recorded by court, court can give opportunity to pay proper court fee, second party cannot oppose that document be struck off from file.

PLD65 Lah. 676 Court fee not to arm litigant with weapon of technicality.

95 CLC 1850, 90 CLC 1154, Sec. 115, Court fee in Revision in High Court.

Cross Examination

PJ 10 L 245, 06CLC 1240, No cross-examination means statement to that extent stands admitted.

06 CLJ 263, Admission, Material piece of evidence not crossed stands admitted.

02 ylr 2362, No cross-examination means statement to that extent stands admitted.

91 SCMR 2300, Omission to cross-examine-- However was rebutted by making suggestions and denying the same in evidence.

Document

10 SCMR 5, 07 SCMR 497, 05 CLC 658, Presumption of truth is attached to 30 years old document.

07 SCMR 236, Document to be read as a whole.

07 SCMR 687, Registered document, Registered document had sanctity attached to it and stronger evidence was required to cast aspersion on its genuineness

P 07 L 83, Documents are admitted, their contents are not necessary to be proved.

05 CLC 727, No one can be forced to reveal from where they managed the document.

05 CLC 1602, Document having dual explanations.

06 YLR 349, Nikah nama being public document can be produced in evidence.

Documentary Evidence

05 NLR Civil 120, Documentary evidence cannot be contradicted by oral evidence.

05 NLR Civil Pesh 367-381, Document exhibited without objection. No objection can be raised in appeal or writ.

Document, Execution of

10PLJ Lah 411 Denied signatures, not confronted with contents of document, fatal for petitioner.

Document. Attesting Witness

10 PLJ Lah 411 Two attesting witnesses

Document, Exhibited

08 CLC 1282 Document exhibited without objection should also be proved.

Doubtful Case

96 CLC 202(b) Maxim, Where case was doubtful, decision should be given for defendant.

Evidence/Pleadings

PJ 10 AJ&K 54, Art.164--Video Film, Video film also comes within ambit of ‘document’.

06 YLR 349, Nikah nama being public document can be produced in evidence.

11 CLC, 241, 304, Party cannot lead evidence beyond scope of pleadings.

11 CLC 205, Evidence recorded in one case reproduced in other case. Such procedure is alien to procedure of CPC.

P 11 SC 151, Pleadings, New plea, In absence of any fact no plea can be allowed to be raised, set forth at later stage. Raising of such plea is impermissible.

05 NLR Civil 362, Courts to ignore evidence when in conflict with pleadings.

05 NLR Civil Pesh 381, Plea not taken in pleadings. Statement to be ignored.

05 NLR Civil Lah 403, Better statement on form of replication shall be considered as part of pleadings.

94 MLD 1747(b), 96 CLC 202, Plaintiff to prove his case on force of his own evidence, not to take advantage of shortcomings of defendant’s evidence.

01 SCMR 1651, Important fact to be mentioned in pleadings.

Finger Print

10 PLJ SC 575 Non appearance of finger print expert in support. Of no help.

Forged Document

88 CLC 578(m), Forged document, Burden of proof lies on person objecting thereto.

Fraud, 12(2)

11 CLC 355. 12(2) Accepted ex parte not sustainable. Pleadings are not gospel truth, must be proved through impeachable evidence.

08 SCMR 1095, Particulars of fraud to be described in plaint.

99 YLR 934, Fraud not only to be alleged but also to be proved.

06 CLJ 78, 12(2) filed after delay, liable to be dismissed.

06 CLJ 264, Compromise deed by acting through bullet speed against defendant who was parda nashin . 12(2) accepted.

06 CLJ 293, Decree in favour of brother against sister liable to be dismissed.

06 CLJ 293, Limitation starts from time of knowledge.

06 CLJ 293. Wrong/incorrect assertion in pleadings either through ignorance, inadvertence or otherwise would not attract exercise of 12(2).

06 CLJ 373. Discovery of new and important matter or evidence may provide ground for revision under R. 1(c) of Order XLVII but cannot be challenged under 12(2).

10 YLR 2178 12(2), 12(2) dismissed without recording evidence. Question of fact could not be decided by court without recording evidence.

07 SCMR 569, NLR 06 Civil 105, 12(2) and its written statement is also pleadings.

06 CLC 286, No court -fee is payable on the order passed on the application under S.12(2), C.P.C. and challenged before the High court by way of revision---Principles.

Gift

05 NLR Pesh 75, Gift deed has no evidentiary value when factum of delivery of possession is not proved.

10 CLC 1861, Gift through registered deed-- Execution and registration not denied, such admission would be sufficient proof.

10 CLC 1895, TPA, Gift, Unequivocal intention of donor must be demonstrated by his entire relinquishment.

Grow More Food Scheme

05CLC 83, Continuous possession is necessary.

Hissa Batai

10 PLJ Lah301 Writ Allowed.

I.C.A

05 NLR Civil, BWP 151, ICA can be filed when judgment of Single Judge is shown to be against law, based on non reading or misreading or is the consequence of miscarriage of justice.

Inheritance

05 CLC 817, When a aman changes his religion, his inheritance is to be divided according to his new religion.

Ignorance of Law is no Excuse

05 YLR 221, PLD 01 SC 228, P 94 L 360, 94 CLC 1163, 87 MLD 2867, 89 PCL 552 ,86 PCL 862

Issue wise finding

10 PLJ Lah 269Appellate court did not give issue wise findings. Revision Allowed

Issues, Non framing of

10PLJ SC 530, O.14 R.1 Non-framing of issues, parties could not adduce evidence. Case remanded to trial court.

Judicial Mind

05 NLR Civil 297, 450, Judgment passed without using judicial mind.

CLD 09 L 960(b), Judge is supposed to know the law. Court cannot say that counsel has not advised the court properly.

80 CLC 2056, 04 MLD 1647, 07 YLR 2311 Court cannot grant relief, which is not prayed for in the pleadings.

Judicial Notice

05 NLR SC 570, No judicial notice can be taken of a fact not proved on record through evidence.

Khasra Girdawri

07 MLD 331, Buyer failed to produce Kahsra Girdawri to establish his possession.

Legal Heirs

PJ 07 SC 849, Defendant is bound to file list of his legal heirs.

Limitation/Mutation

NLR 85 Rev 133, Limitation to challenge mutation, six years starts from day mutation was sanctioned.

Malicious Prosecution

94PLD SC 476

70PLD Kar 344

03MLD 1485

93CLC 1669

95CLC 735, 1134

05 NLR Civil Pesh 533, Suit decreed. Ingredients mentioned.

Marginal Witness

07 SCJ 848, 06 YLR 1620, Writer of contract as marginal witness. Suit to be dismissed where only one marginal witness examined.

Minor-Guardian

03 CLC 1792, If minor has not reported his majority, guardian’s act on his behalf is legal.

Minor Contradictions

06SCMR 1761(c), 08 MLD 557, Minor contradictions to be ignored.

Minor’s Custody

KLR 06 SC 222

Natural justice

P 11 Pesh 47, Natural Justice, Order passed by authority against interest of person without hearing him would be illegal.

S.114

11 CLC 381, Limited view, Grounds not taken at earlier stage.

Oath

10 SCMR 810, Statement of a witness on Oath would be binding upon a party, who produced him as witness

05 NLR Civil Pesh 14, Proceedings on oath would be illegal when not conducted in the prescribed manner.

O.3, R.1,2

10 PLJ Kar 143, If plaint was not competently filed along with plaint, but subsequently filed, such anomaly could be rectified.

O.6, R. 17

P 84 SC AJK 1151, Wrong description of property in plaint can be corrected.

09 YLR 483, Amendment can be allowed at any stage.

O.7, R.11

P 11 AJK 1

11 CLC 250, Object of 7/11 was to bring an end to incompetent suit to the earliest.

P 10 L 487, Every averment made in plaint has to be accepted as correct.

P 10 Q 65, 7/11, O.39, R.1,2, Trial court rejected plaint while deciding stay application--Validity—Rejection of plaint on having fixed for decision on application under ).39, R.1,2 was illegal.

10 CLC 1879, Court could reject plaint when allegations made therein, if assumed as proved to be correct, would not entitle plaintiff to get relief.

94 SCMR 826, The rejection of plaint under Order VII, Rule 11, C.P.C. is contemplated at a stage when the Court has not recorded any evidence in the suit. It is for this reason precisely, that the law permits consideration of only averments made in the plaint for the purpose of deciding whether the plaint should be rejected or not for failure to disclose cause of action or the suit being barred under some provision of law

O.8, Written Statement

03 SCMR 1528, 171. Time given for filing written statement but defendant failed, court can decree the suit.

08 CLC 580, O.8, R.1, 10, Conduct of defendant showed that he was reluctant to file written statement and had disobeyed various orders of Trial Court---Trial Court had proceeded in right direction in passing impugned order---High Court dismissed constitutional petition in circumstances.

NLR 06 SCJ 978, Court cannot give more than 30 day’s time.

03 CLC 1016, Court can give order for filing written statement.

07 CLC 288, Failure to file written statement by defendant---Effect---Even if defendant had not filed written statement and had not cross-examined the witnesses produced by the plaintiff and had not produced any defence witnesses and suit proceeded ex parte; he had the right to contest the suit; and take plea that on basis of evidence produced by the plaintiff himself, the suit was liable to be dismissed--

O.9, R.8

10 YLR 2053, Dismissal for non-appearance of plaintiff. On the date fixed plaintiff was not required to fulfill any obligation on his part. Suit restored to its original stage.

10 YLR 2196, Sufficient cause, Counsel of plaintiff suffering from ailment and later succumbed to ailment. Case restored to original position.

O.9, R.9

11 MLD 266 Dismissal in default, technicalities should be avoided.

O.9, R.13

AIR 32/33? Mad 713 Application by person not part in original suit, not valid.

10 CLC 1776, Application filed beyond prescribed period of limitation. No illegality was committed by two courts below while dismissing application for setting aside ex parte. Such aspect of case did not require and indulgence of High Court within purview of S.115 CPC.

PJ 10 P 1, Ex parte, Defendant cannot be excluded from proceedings.

PJ 10 SC 891, remarks on Registered AD with regard to refusal of the appellant clearly showed that appellant was not misled in view of address mentioned in the plaint.

O.16, R.1 List of witnesses

90CLC 1877, 94CLC 1920, 01MLD 1521

99SCMR 799, Does not fall in the ambit of technicalities, illiterate no ground.

03 MLD 1621, 1332, 04 SCMR 1367, 05 MLD 1713, 06 MLD 1532, 99 SCMR 799.

O.17, R.3 Closure of evidence

10PLJ Lah 432, REF 08SCMR 322 Opportunity given, Revision Dismissed.

10 PJ Lah 687. Right closed, no ground for interference was made out.

06 CLJ 633, Dismissal under O.17, R.3 against some plaintiffs would not be made basis of res judicata for other plaintiffs.

10 YLR 1957, Penal order did not remain in field, Subsequent adjournments could not be termed as adjournments given on the request of the plaintiff---Where the case was not adjourned on the request of a party, such party could not be visited with penal consequence on the subsequent date

O.20, R.5 Issue wise finding

00 SCMR 1647, Issue wise finding not necessary when issues are interlinked.

O.23, R.1

P 84 Lah 230, P57 Lah 648, P65 SC 634, PLJ85 Lah 405

03 CLR 1541, Suit to be decided on merit, not to fail.

O.37

P 10 L 487, Summary procedure-- Once leave to appear and defend the suit has been granted, same is converted into regular civil suit and to be tried accordingly.

P 11 Lah 149, insufficient stamps, deficiency can be made up in appeal.

PJ 10 L 488, Delay in furnishing security, condoned.

O.39, R.1,2

Interim Injunction

08PLJ Pesh 73, 96MLD 1937, 01MLD 92, Stay cannot be granted even to the extent of further alienation.

99CLC 598, Nature of property to be maintained.

P 88 Kar 433, Permanent Injunction not maintainable where title is absent.

90 CLC 1299, 82 CLC 1647 Grant is a rule, refusal exception.

89 SCMR 130, 99 CLC 598 Co-sharer, joint property.

98 CLC 857, Be restrained from cutting trees.

90 CLC 1299, 82 CLC 1647, Grant is a rule, refusal exception.

NLR 85 Rev 133, Limitation to challenge mutation, 6 years starts from the day mutation was attested.

06 CLJ 63, S.115, High Court has no jurisdiction under S.115 to interfere where temporary injunction was refused by courts below.

10 CLC 1843, Injunction could not be granted to prevent Breach of Contract.

10 CLC 1879, Court while granting injunction should or ought to be of the view that plaintiff applying for injunction was in all probability likely to succeed in the suit by having a decision in his favour.

01 MLD 92, Injunction against construction, demolishing and property cannot be granted.

P 68 L 315, Stay can be granted about prerogative of managing mosque matters.

O.39,R.4

90CLC 1127

Parda Nasheen

10 PLJ SC 530 Heavy burden of proof lies on donee.

06 CLJ 264, Compromise deed by acting through bullet speed against defendant who was parda nashin . 12(2) accepted.

07 SCMR 838, 05 CLC 1839, P 09 Lah 41, Suit dismissed.

Pari Delicto

Where each party is equally in fault the law favours him who is actually in possession

89 CLC 1789, 85 CLC 1881

Pending a litigation nothing new should be introduced

76 SCMR 239, 76 SCMR 385

Plaint/Evidence

P 84 SC AJK 1151, Wrong description of property in plaint can be corrected.

10 PLJ Lah 262, REF. 96SCMR 336 If ingredients necessary to be mentioned in plaint were not mentioned, no evidence can be led on this point.

07 CLC 259, PJ 06 SC 159, 07 CLC 257, 01 CLC 1100, No evidence beyond pleadings.

CLD 09 SC 802, Any objection not raised before trial court cannot be raised before Appellate Court or Court of Revision.

NLR 07(AC) 280, Written statement is not evidence.

80 CLC 2056, 04 MLD 1647, 07 YLR 2311,Court cannot grant relief which is not prayed for in the pleadings.

07 CLC 257, 462, 84 CLC 3172, No evidence on an objection -- Not proved.

NLR 08 SCJ, 08 SCMR 238, Pleadings is not evidence.

NLR 08 SCJ 38, Content of pleadings not in evidence stands unproved.

07 SCMR 569, NLR 06 Civil 105, 12(2) and its written statement is also pleadings.

Pre-Emption

10 PLJ Lah 273 Written statement mentioned it was exchange. To prove distinction between device and disguise evidence has to be looked into. Case Remanded.

P 10 SC 1048, Pre-emption is not inheritable right.

07 CLC 489, Pre-emption decreed, Defendant’s plea that he purchased land for construction of mosque, no strong evidence produced.

08 SCMR 1056, -Ss. 15 & 21---Qanun-e-Shahadat (10 of 1984), Art.133---Pre-emption suit---Superior right of pre-emption---Vendee claimed to be owner in the Estate on basis of gift deed executed in his favour before alleged sale--Proof---Gift deed was produced in evidence through donor---No question in respect of validity or otherwise of gift was put to donor during cross-examination---Held, gift was properly executed between vendee and donor---Pre-emptor had no preferential right qua vendee---Suit was dismissed in circumstances.

Informer, Pre-emption

11 CLC 244 Informer’s name not mentioned not entitled to grant of decree.

Mutation

P 11 SC 151, Non attestation of mutation, not fatal.

Slip of Tongue

PJ 10 Pesh 24, S.13 Slip of tongue or clerical mistake, plaintiff has proved Talab.

Talab

04SCMR 1580 Non service not fatal, minor discrepancy of time would not come in way of pre-emptor.

07 CLC 277, Witness unable to tell what is written in notice Talb-e-Ishhad.

11 MLD 255

07 CLC 819, Talab not proved, suit dismissed.

Zar Soim

95 CLC 487, Rival pre‑emptors withdrawing pre‑emption money after passing of judgment in their favour‑‑Suits of rival pre‑emptors were not liable to be dismissed on such account‑‑Suit having once been decreed in rival pre‑emptors' favour and matter being under appeal merely because 1/5th money was withdrawn by them, would not be a valid ground for holding that decree in their favour had become ineffective or their suit had become liable to be dismissed.

PJ 10 Lah 484, No court can extend time as prescribed in sec 24(2) of pre-emption act, suit was barred by limitation.

Pronote O.37, R.1,2

P 11 Lah 149, insufficient stamps, deficiency can be made up in appeal.

P 10 L 487, Summary procedure-- Once leave to appear and defend the suit has been granted, same is converted into regular civil suit and to be tried accordingly.

PJ 1- Pesh 18, Writer of pronote produced in evidence, marginal witnesses accepted him.

Public Nuisance

11 CLC 250, Permission of A.G is mandatory.

Review

10 YLR 1957, S.114, Patent illegality and error was apparent- review application competent.

Referee, Appointment of

KLR 2000 CC 387 Art.33 QSO. Appointment of referee, decision final.

Res Judicata

CLD 09(e) Lah 401, Res judicata.

06 CLJ 633, Dismissal under O.17, R.3 against some plaintiffs would not be made basis of res judicata for other plaintiffs.

PJ 10 Lah 91, Inheritance not hit by law of res judicata.

Rent

10 CLC 1839, Punjab Rented Premises Act, Ejectment of tenant, Setting aside ex parte eviction order without restoration of possession would have been meaningless as the same would have resulted in irreparable loss and multiplicity of proceedings.

PJ 10 SC 910, S.13, Ejectment petition, If tenant fails to produce his title over the premises in dispute, the Rent Controller can determine the relationship of landlord and tenant between the parties.

PJ 10 Lah 493, Default in payment of rent due.

Rent, 12(2)

05 CLC 1042, 04 MLD 227

Service

PLD 91SC 660(b), 06SCMR 4 Document sent by registered post gives rise to presumption of due service.

Secondary Evidence

05 NLR Civil 120, Secondary evidence without obtaining permission is of no value.

Signatures

97 SCMR 976, PJ 10 L 32, Court has ample power to distinguish between signatures under Art. 84 QSO.

Specific Relief Act

Stay, P90 Lah 82, If the petitioner is ready to pay full/partial amount, it will be invested in a saving scheme as security till decision of the suit for specific performance and STAY will be granted till disposal of the case. NLR 86 CLJ 346

10 CLC 1872, Ss. 42 & 54---Suit for declaration and permanent injunction—Suit dismissed. Possession of defendant was admitted, plaintiff could not prove that sale deed was attested fraudently.

Special Costs

06 CLJ 1014, 35A, Imposition of special cost which is against spirit of law would be erroneous.

Subsequent Suit

83PLD SC 344 (Fresh suit already instituted and pending at time of withdrawal of earlier suit, HELD not barred) *Mere withdrawal does not operate as Res judicata.

Technicalities

11 MLD 266 Dismissal in default, technicalities should be avoided.

05 CLC 285, 123, 1602, 457, 603, Law is to be defined according to law and technicalities are to be avoided.

2001 YLR 2512, Lis should not be knocked out on technical grounds but endeavours of the Courts should be to decide the matters, involving valuable rights of the parties, on merits and party to the litigation should not be non-suited on mere technical grounds.

02 CLD 345, Parties should not be non-suited on mere Technicalities and the lis, so far as possible, has to be decided on merits.

P 60 SC 382? Justice Kaikaus.

Vigilant/Indolent

Law helps vigilant and not indolent

00 PCL 134, 99SCMR 1326,

05 NLR Civil 109, Discretion, Courts do not use discretion in favour of indolent and slothful litigant.

Withholding Evidence

06 CLC 578, Art. 129(g)---Adverse inference---Where a party withholds evidence of vital importance, such an act is fatal to his case---Court always draws an adverse inference against a person where he, in a given situation, is bound to react in a particular manner but fails to do so.

Witness

07 CLC 277, Witness unable to tell what is written in notice Talb-e-Ishhad.

Writ Competent

72SCMR 395, 80SCMR 84, 81SCMR 758 Where finding is not supported by evidence on record the same can be disturbed in writ petition.

05 CLC 192, 54, Writ competent where lower court has not properly appreciated evidence.

Family Cases

2011-04-20T07:45:00.001-07:00

Condition of payment on Talaq

08SCMR 186 Void

Dissolution of marriage

05 CLC 1472, Suit is to be filed in court in jurisdiction of which parties are residing.

Dowry

08SCMR 1584 (List attacked, no illegality pointed out) for plaintiff

06SCMR 701 (Amount of maintenance at Rs.2000 per month upheld) for plaintiff

06MLD 563 Dowry, Plaintiff appeared as her own witness and also produced her father and maternal uncle who had fully substantiated her claim---Testimony of said witnesses had gone unchallenged.

05 MLD 1069, Sole statement of plaintiff lady enough for decree of dowry articles.

10 MLD 1420 (for defendant) Father of the plaintiff who admitted in cross-examination that he had not given any dowry articles to the plaintiff at her first marriage, inference in circumstances, was that at the time of her second marriage with the defendant no dowry articles were given to the plaintiff---Father of the plaintiff had also admitted that he had not affixed any thumb impression on the list of dowry articles and that the price of said dowry articles were written by his counsel; and that he was not aware as to when the list of dowry articles was prepared.

10 MLD 1498, List, When it was proved that list exhibited was correct, non production of receipts of purchase of dowry articles was not fatal.

10 YLR 2441, List, Non-exhibition of list of dowry articles, Fact that the list was not exhibited was not of much consequence in view of the fact that in her statement, the plaintiff recounted the list ---list was not specifically cross-examined---Such fact was also substantiated in the evidence of plaintiff's father who specifically stated that a list was indeed prepared at the time of marriage which was noted in his diary on the basis of which a fresh list was prepared for the purpose of filing suit in the court.

10 MLD 1997, Number of articles given by plaintiff had been admitted by defendant on basis of which Trial Court passed judgment and decree and subsequently on appeals filed by both parties, defendant's appeal was dismissed whereas appeal filed by plaintiff was partially accepted and amount of dowry articles were enhanced after appreciating evidence of parties on record.

10 MLD 1049, Plaintiff by producing cogent and reliable evidence on record had proved that dowry articles mentioned in list of dowry produced on record, were given to her at the time of marriage.

10 MLD 1, List of dowry articles---Marriage being a happy occasion, preparing detailed list of what was given to the bride was in most instances not given much importance for fear of being considered as a bad omen---When situation required proof of what was actually given, list prepared from memory, receipts and other related material has to be relied upon.

11 MLD 373, Defendant’s plea that he had returned dowry articles, could not produce any receipt. Petition dismissed.

10 MLD 608 Suit was contested by defendant on the ground that alleged list of dowry articles produced by plaintiff was not correct and produced his own list of dowry articles---Trial Court decreed the suit of the plaintiff to the sum of Rs.1,500,000---Appellate Court on appeal, reduced total claim of the plaintiff from Rs.1,500,000 to Rs.500,000---Contention of the plaintiff was that list of dowry articles was exhibited without any objection of defendant and the same was in the knowledge of defendant.

11 MLD 351 (for defendant) Dowry and maintenance, List prepared by sister of petitioner, photocopies of receipts of purchased articles was presented.

10 YLR 848 List was exhibited at the time of recording of the statement of plaintiff without any objection from the opposite side; and later on such objection as to the admissibility of the said list could not be taken or entertained---If the list of dowry could not be signed by the Presiding Officer, when it was very much mentioned in the judgment of the Family Court that it was exhibited on account of mistake of the Presiding Officer not to sign, the party could not be penalized.

PJ 10 Pesh 16, Gifts of bride.

Evidence

05 NLR Civil 256 Lahore, Evidence adduced before family court cannot be evaluated in a manner as it is appreciated under CPC. Purpose of enacting family court is to avoid technicalities. Documentary evidence not admissible under QSO would be rightly relied upon by family court.

Haq Mahr

10 CLC 1729, S. 10(4)---Object and scope of S.10(4), West Pakistan Family Courts Act, 1964---Object of subsection 4 of section 10 of the West Pakistan Family Courts Act, 1964 was to avoid delay in proceedings of family cases and provide expeditious remedy to women seeking `Khula'---Restoration of `Haq Mahr' not received by wife at the time of marriage was not a sine qua non for passing a decree of dissolution of marriage.

P 2000 L 95, Khula, Lady liable to return of dower.

P 00 Lah 95, Personal belongings of lady are not dower.

Khula

10 PLJKar 97 Pronouncement by court amounts to single divorce.

List

07NLR Civil 105 List not proved

04SCMR 1739, No evidence supporting list.

Maintenance

10PLJ Lah 271 Wife not entitled where defendant was the only son of his parents and wife demanded separate house.

07 SCMR 49, Muslim husband was under legal obligation to maintain his wife and if she was forced to live away from her husband for no fault on her part even then husband was to provide maintenance to his wife.

06 SCMR 701, Plea raised by the husband was that the amount of maintenance was excessive and dower amount had been waived by the wife-Validity---Said discretionary order was passed by the Family Court after recording of entire evidence and going through the facts and circumstances emerging from the present case.

Non-Muslims

P 08 K 271, Parsi Khula.

PJ 08 L 29, PJ 06 L 29, Family Court enforceable on non-Muslims as well.

Oath

P 10 L 484, P 05 L 304, Special Oath

Polygamy, Sec.6 Muslim Family Laws Ordinance

80PCrLJ 122 Complaint by wife

2000KLR CC 24

Writ

PJ 10 L 400, Interim order passed by Family Court cannot be challenged in Writ Petition.

Revenue

2011-04-20T07:44:00.000-07:00

Appointment of Lambardar

P 62 Rev 53, Candidate dull, should not be appointed. As he cannot give satisfactory answers.

P 60 Rev 67, Minor Lambardar.

03 MLD 157, Concerned Authorities were the best Judges under law to consider suitability of candidates for appointment of Lambardar.

Partition

73 PLD Law Notes 13 Pg.22

91CLC 723, ex parte not valid

96 CLC 2016

P 09 SC 198, Private partition does not determine the legal rights but simply indicates the mode of division of property among themselves---Co-owner in a joint property was not entitled, without assent or acquiescence of the other co-sharers, to exclude portion of joint property or to select a particular portion for the purpose of partition

05 CLC 1944, Partial Partition, Dispute between parties could only be resolved by pooling together entire joint holdings borne on all five Khatas and partitioning among share-holders in a just, fair and equitable manner---Impugned orders and ex-parte partition proceedings finalized by Tehsildar, were set aside and revision petition was accepted by the Board of Revenue---Application pending with Tehsildar for partition of Khatas, was directed to be expeditiously adjudicated in a fair, impartial and equitable manner by Tehsildar in accordance with spirit of law.

Chronic Defaulters

NLR 89 Rev 66, NLR 82 Rev 202 Chronic and habitual defaulters not entitled of concession.

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Defaulters cannot be ejected: 88CLC 81, 86CLC 2347