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2024 C L C 1793
INAYAT ULLAH and others — Appellants Versus Mst. SAFIA BEGUM and others — Respondents
Decided Date: 2023-June-21
Summary: — Ss.4, 6, 7 & 8 — Enforcement of womans property rights by way of partition — Complaint before Ombudsman — Decision in favour of respondent (woman) — Pendency of suit before the Civil Court on the same subject matter — Effect — Resolution of factual...
2024 C L C 1772
HAZRAT BILAL and another — Petitioners Versus Mst. ASMAT BIBI and 4 others — Respondents
Decided Date: 2023-June-6
Summary: — S.5, Sched. — Recovery of maintenance of minors — Inability of parents to maintain their children — Responsibility of financially sound grandfather to maintain his grandchildren in his life time — Scope — Petitioners belonged to a well-off family, ...
2024 C L C 1731
WAHID KHAN and another — Petitioners Versus SECRETARY MINES AND MINERALS, KHYBER PAKHTUNKHWA, PESHAWAR and others — Respondents
Decided Date: 2022-December-19
Summary: — S.78(3) — Minor mineral blocks — Granting of lease — Reserve price — Object, purpose and scope — Petitioner contractor was aggrieved of grant of lease by Khyber Pakhtunkhwa Mines and Minerals Appellate Tribunal to respondent contractor despite offe...
2024 C L C 1705
ATTA-UR-REHMAN — Petitioner Versus Mst. GHULAM BIBI and others — Respondents
Decided Date: 2023-November-13
Summary: — S.25 — Specific Relief Act (I of 1877), Ss. 39, 42 & 54 — Release/Relinquishment deed, authenticity of — Fraud and misrepresentation by brothers to deprive their sister (Pardanashin lady) from her share in legacy — Private settlement of dispute qua...
2024 C L C 1588
Haji MAQBOOL AHMAD — Petitioner Versus NADAR KHAN and others — Respondents
Decided Date: 2023-November-30
Summary: — S. 12 — Civil Procedure Code (V of 1908), O.V, R.17 — Constitution of Pakistan, Art. 199 — Constitutional petition — Substituted service — Principle — Petitioner / plaintiff filed suit for specific performance of agreement to sell and Trial Court p...
2024 C L C 1575
HONDA ATLAS CARS PAKISTAN LIMITED and another — Appellants Versus SALEEM AKHTAR FAROOQ and others — Respondents
Decided Date: 2022-November-1
Summary: — S. 12 — Qanun-e-Shahadat (10 of 1984), Art. 91 — Complaint before the Consumer Court — Genuineness of document — Presumption of correctness — Document produced as evidence admitted without any objection — Effect — Oral evidence — Scope — Claim / st...
2024 C L C 1071
Malik MUHAMMAD TAHIR KHAN — Petitioner Versus GOVERNMENT OF KHYBER PAKHTUNKHWA through Secretary Local Government and Rural Development Department, Peshawar and 5 others — Respondents
Decided Date: 2020-July-14
Summary: — S. 80 — Motor Vehicle Rules, 1969, R. 253 — Bus Stand Fee / Tax — D-Class Stand — Principle of quid pro quo — Applicability — Petitioner was plying stage carriers and had established his own D-Class Bus Stand — Grievance of petitioner was that cont...
2024 C L C 890
Haji AKBAR and others — Petitioners Versus JEHANGIR and others — Respondents
Decided Date: 2023-September-21
Summary: — S. 18 & Art. 120 — Specific Relief Act (I of 1877), Ss. 42, 12 & 54 — Suit for declaration, possession and permanent injunction — Property owned by a minor — Sale-mutation regarding such property, challenging of — Limitation — Claim of the plaintif...
2024 C L C 734
GHULAM BAHADAR — Petitioner Versus AKBAR BACHA and others — Respondents
Decided Date: 2022-October-19
Summary: — S.12(2) — Bar to further suit — Pre-conditions — For maintaining petition under S. 12(2), C.P.C., and for setting aside an order / judgment / decree, aggrieved person has to establish elements of fraud, misrepresentation, or illegality committed in...
2024 C L C 707
RAHIM KHAN and others — Petitioners Versus NASIR KHAN and others — Respondents
Decided Date: 2022-November-15
Summary: — S. 13 — Suit for pre-emption — Scope — For getting a favourable decree in a pre-emption case, a pre-emptor has to establish the performance of all the three talbs i.e. Talb-i-Muwathibat, Talb-i-Ishhad and Talb-i-Khusumat. — S. 13 — Suit for pre-em...
2024 C L C 624
MUHAMMAD RAZIQ SHAH and others — Petitioners Versus DAWOOD SHAH — Respondent
Decided Date: 2023-March-14
Summary: — S. 42 — Suit for declaration, perpetual injunction and possession of the suit-property — Agreement to sell — Proof — Claim of the petitioners (plaintiffs/ vendees) was that respondent/vendor having absconded, for being involved in a woman's abducti...
2024 C L C 518
MAQBOOL KHAN and others — Petitioners Versus ASSISTANT COMMISSIONER, LOWER KURRAM, SADDA and others — Respondents
Decided Date: 2023-May-16
Summary: — S. 3 — Referring authority or Saliseen — Exercise of powers under Khyber Pakhtunkhwa Alternate Dispute Resolution Act, 2020 ('the ADR Act, 2020') — Conditions — Order under S. 3 of the ADR Act, 2020 should be regulated and for said purpose the exer...
2024 C L C 493
MUHAMMAD YASIN and 4 others — Petitioners Versus LOCAL GOVERNMENT through Secretary Local Government Khyber Pakhtunkhwa at Peshawar and 15 others — Respondents
Decided Date: 2nd June 2023
Summary: — Ss.3, 11, 12 & 13 — Specific Relief Act (I of 1877), S.42 — Suit for declaration — Public property, dispute over — Title or ownership, question of — Entries in the revenue record — Scope — Jurisdiction of the Tribunal constituted under Khyber Pakht...
2024 C L C 454
LAND ACQUISITION COLLECTOR and others — Appellants Versus SHAH YOUM KHAN — Respondent
Decided Date: 2023-January-30
Summary: — Ss. 18 & 23 — Land acquisition — Dispute over quantum of compensation — Determination of compensation on one-year average sale basis — Scope — Reference filed by the objector/respondent was accepted and value of compensation amount of acquired land...
2024 C L C 363
SHAFQAT ULLAH — Petitioner Versus Mst. ANJUMAN — Respondent
Decided Date: 2022-January-24
Summary: — S.2(ii) — Dissolution of marriage due to non-payment of dower amount — Neglect by husband — Suit of the respondent for dissolution of marriage was decreed whereas the suit for the recovery of maintenance allowance was also decreed @ Rs. 10,000/- pe...
2024 C L C 333
ABID SHERANI — Petitioner Versus TAHIR SHERANI through Legal Heirs and others — Respondents
Decided Date: 2022-June-21
Summary: — Ss. 39 & 42 — Suit for declaration and cancellation of mutation entries — Gift mutations — Proof — Plaintiff filed a declaratory suit seeking therein cancellation of gift mutations of land described in the head-note of plaint, executed in favour of...
2024 C L C 256
Mst. SHAMEEM BEGUM and others — Petitioners Versus Syed QAIM SHAH BUKHARI and others — Respondents
Decided Date: 2023-March-22
Summary: — Ss. 48, 115 & O.XXI — Decree, execution of — Limitation — Final judgment — Scope — Petitioner / judgment debtor was aggrieved of restoration of execution petition of respondent / decree holder by Lower Appellate Court, which was dismissed earlier —...
2024 C L C 181
Syed IQBAL HUSSAIN SHAH — Petitioner Versus Mst. KALSOOM BIBI through Legal Heirs and others — Respondents
Decided Date: 2023-February-23
Summary: — Ss. 42, 39 & 54 — Suit for declaration, cancellation of document and permanent injunction — Parda Nasheen / illiterate lady, rights of — Transaction relating to such women — Requirements — Principle of caution — Scope — Beneficiary, responsibility ...
2024 C L C 109
Haji NIAZ BADSHAH and others — Petitioners Versus Haji MIR AKBAR and others — Respondents
Decided Date: 2023-May-4
Summary: — Arts. 199 & 247 (since omitted) — Constitutional petition — Maintainability — Past and closed transaction — Decision by FATA Tribunal — Petitioners assailed order passed by FATA Tribunal dismissing revision petition filed against orders of Assistan...
2024 C L C 64
The DEPUTY COMMISSIONER BAJAUR and others — Petitioners Versus Mst. MAHI SULTAN and another — Respondents
Decided Date: 2023-May-18
Summary: — Ss.7(5) & 11 — Constitution of Pakistan, Art. 199 — Allotment of Government accommodation — Removal of encroachments and eviction of unauthorized occupant — Scope — Allotted quarter was cancelled from the name of the respondent — Being aggrieved, s...