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2024 C L C 1085
YOUSUF — Petitioner Versus MUHAMMAD AKBAR and others — Respondents
Decided Date: 2021-December-28
Summary: — Legal obligations — Scope — Limitation is matter of statute and is mandatory which cannot be waived — Even if parties do not raise question of limitation in pleadings, the Court should take it — Court is under obligation to look into the question o...
2024 C L C 725
MUHAMMAD DAWOOD and others — Petitioners Versus KHUDAIDAD and others — Respondents
Decided Date: 2022-May-31
Summary: — Ss. 42, 39 & 54 — Suit for declaration, cancellation of mutation, partition and permanent injunction — Shamilat land — Co-sharer — Scope — Plaintiffs filed a suit for declaration, cancellation of mutation, partition and permanent injunction claimin...
2024 C L C 556
ABDUL RASHEED — Petitioner Versus The SECRETARY LOCAL GOVERNMENT CIVIL SECRETARIAT, QUETTA and 4 others — Respondents
Decided Date: 2023-May-9
Summary: — Arts.9 & 199 — Constitutional petition — Life, right of — Scope — Playgrounds and sports facilities — Non-implemention of earlier decision — Petitioner was aggrieved of failure to provide playgrounds and sports facilities to the area of his localit...
2024 C L C 509
MUHAMMAD YAHYA KHAN and others — Petitioners Versus AKRAM SHAH and others — Respondents
Decided Date: 2022-June-14
Summary: — Ss.39, 42 & 54 — Civil Procedure Code (V of 1908), O. VII, R. 11 — Suit for declaration, cancellation, partition, specific performance and injunction — Cause of action — Lacking jurisdiction — Plaintiffs instituted suit for declaration, cancellatio...
2024 C L C 449
MUHAMMAD QASIM and 2 others — Petitioners Versus MUHAMMAD ISMAIL and others — Respondents
Decided Date: 2023-May-8
Summary: — Ss. 21 & 34 — Civil Procedure Code (V of 1908), O.XII, R.2 — Arbitration — Petitioners were aggrieved of orders passed by Courts below rejecting application made by them under Ss. 21 & 34 of Arbitration Act, 1940 — Validity — Respondents extended c...
2024 C L C 340
MUHAMMAD AMIN and others — Petitioners Versus Haji ABDUL WAHID and others — Respondents
Decided Date: 2022-April-28
Summary: — Ss.12(2), 47 & O.XXI, Rr.62, 103 — Specific Relief Act (1 of 1877), Ss. 42, 12 & 54 — Suit for declaration, permanent injunction and specific performance of agreement — Execution proceedings — Question relating to rights of claimant in attached pro...
2024 C L C 295
AFTAB ASHRAF — Petitioner Versus KHURSHEED ASHRAF and others — Respondents
Decided Date: 2022-November-22
Summary: — Ss. 8 & 54 — Civil Procedure Code (V of 1908), O.XX, R.18(2) — Suit for possession, injunction and partition — Right of cross-examination, closure of — Non-payment of penalty — Suit filed by respondent / plaintiff was decreed concurrently by Trial ...
2024 C L C 262
BISMILLAH and 2 others — Petitioners Versus NAIK MUHAMMAD through Legal Heirs — Respondents
Decided Date: 2023-March-17
Summary: — O. XXIII, Rr. 1 & 2 & O. XIII, R. 2 — Conditional withdrawal of suit, permission of — Formal defect, absence of — Order of the Court not containing legal reasoning — Effect — Trial Court allowed application moved by the plaintiffs for conditional w...
2024 C L C 195
MUHAMMAD ALAM and another — Petitioners Versus ABDUL KAREEM and others — Respondents
Decided Date: 2022-August-18
Summary: — Art. 79 — Requirement of two witnesses — Nature of document — Document acknowledging understanding — Scope — Requirement and conditions attached to Art. 79 of Qanun-e-Shahadat, 1984, comes into only with registered sale deed but not to document or ...
2024 C L C 167
Messrs FRIENDS COAL COMPANY through Director — Petitioner Versus The GOVERNMENT OF BALOCHISTAN, CIVIL SECRETARIAT through Secretary Mines and another — Respondents
Decided Date: 2023-June-15
Summary: — R. 46 — Mining lease, cancellation of — Opportunity of hearing not given — Effect — Mining lease for exploration of coal for period of 20 years was granted to the petitioner but the same was cancelled just after six years by the respondent (Directo...
2024 C L C 135
ALI MURAD PIRKANI and others — Petitioners Versus ABDUL MALIK and others — Respondents
Decided Date: 2023-March-27
Summary: — Ss. 41 & 64(3) — Civil Procedure Code (V of 1908), S.9 & O.VII, Rr.10 & 11 — Specific Relief Act (I of 1877), Ss. 42, 8 & 54 — Suit for declaration and permanent injunction, wrongful dispossession or ejectment — Jurisdiction of Civil Court — Whethe...
2024 C L C 75
NAIMATULLAH and others — Petitioners Versus MIR JAMAL and others — Respondents
Decided Date: 2022-December-1
Summary: — O. XLI, R. 33 — Cross objection or cross appeal against a finding of Trial Court — Scope — Party cannot be allowed to object before the Appellate Court or Revisional Court upon the findings on any issue of a subordinate Court, without filing cross ...
2024 C L C 2110
NASEER AHMAD — Petitioner Versus Mst. SUMAIRA REHMAN — Respondent
Decided Date: 2022-June-28
Summary: — S.12 — Enforcement of decree — Objection, raising of — False and frivolous litigation — Scope and effect — Wife filed a suit for recovery of dower (house) which was decreed in her favour and she moved for its execution — Objection was raised , on ...
2024 C L C 2070
NASEER-UD-DIN through Legal Heirs — Petitioner Versus GHAIRAT KHAN and others — Respondents
Decided Date: the principle of preponderance of evidence, which was lacking in the subject case---Though the documents relied upon by predecessor in title of the petitioners was of thirty years old but presumption as to its genuineness could not be drawn as the same had not been produced from proper custody rather produced by predecessor in title of the petitioner himself, despite being not proved, as he had also not produced its marginal witnesses---Trial Court coupled with the appellate Court had arrived at the just conclusion of the matter in issue, as such, the impugned concurrent findings of the Courts below did not need any interference---Revision petition was accordingly dismissed
Summary: — Ss. 42 & 55 — Qanun-e-Shahadat (10 of 1984), Arts.17 & 79 — Suit for declaration and permanent injunction — Property deed — Proof — Two marginal witnesses of deed not produced — Effect — Plaintiff filed a suit for declaration and permanent injuncti...
2024 C L C 2038
MAHTAB HUSSAIN — Appellant Versus MUHAMMAD ASLAM — Respondent
Decided Date: 2022-August-25
Summary: — S.96, O.XXXVII, Rr.1, 2(2) & 3 — Recovery suit on the basis of promissory notes — Non-fulfilment of condition precedent for grant of leave to defend despite availing numerous opportunities — Effect — Suit was initially decreed ex parte — Leave to a...
2024 C L C 1966
RAHIM ULLAH and 5 others — Petitioners Versus Mst. YASMEEN BIBI and 4 others — Respondents
Decided Date: 2024-May-30
Summary: — S.13(2)(ii)(a) — Ejectment of tenants — Sub-tenant, status of — Demised property was rented out to the tenants with condition of construction, who without permission of landladies further sublet the same to first subletees and the said subletees su...
2024 C L C 1922
SARFARAZ KHAN and others — Petitioners Versus QURESH KHAN and others — Respondents
Decided Date: 2023-November-23
Summary: — Ss.42 & 54 — Civil Procedure Code (V of 1908), S.11 — Criminal Procedure Code (V of 1898), S.133 — Suit for declaration with permanent injunction — Dispute regarding obstruction in thoroughfare on the joint land being used by co-owners — Whether ea...
2024 C L C 1907
MUHAMMAD SHOAIB and others — Petitioners Versus Mst. SALEHA and others — Respondents
Decided Date: 2022-January-17
Summary: — Ss. 42 & 9 — Suit for declaration and possession seeking correction of wrong entries in revenue record — Concurrent findings of both the courts below — Selling of property by the vendor without any title therein — Long silence of the vendee and the...
2024 C L C 1876
GOVERNMENT OF KHYBER PAKHTUNKHWA through Secretary Workers and Communication Department, Peshawar and another — Appellants Versus MUHAMMAD FAYAZ — Respondent
Decided Date: 2023-June-1
Summary: — Ss. 14, 30 & 39 — Civil Procedure Code (V of 1908), S.96 — Limitation Act (IX of 1908), First Sched., Art.158 — Construction contract — Arbitration — Award — Arbitration petition for making the award as rule of the Court — Non-filing of objections ...
2024 C L C 1808
MUHAMMAD AZEEM KHAN and others — Petitioners Versus MUHAMMAD IMRAN KHAN and others — Respondents
Decided Date: 2023-October-2
Summary: — Ss. 39 & 42 — Suit for declaration and cancellation of gift mutation — Fraud — Estoppel — Execution of gift mutation of entire estate by grandfather of the petitioners in favour of one son excluding his others sons — Locus standi of petitioners to ...