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2025 M L D 847
Muhammad Ramzan and others — Petitioners Versus Haleema Bibi and others — Respondents
Decided Date: preponderance of evidence by reading the evidence as a whole rather cherry-picking certain aspects of the pleadings and/or evidence. This helps in achieving a predictable standard pattern in reaching a just decision. The vital issue in the matter was the preference to be attached to the registered or unregistered document, which certainly does not involve as to the prior death of Muhammad Nawaz even though Muhammad Nawaz pre-deceased his father-Ghulam Muhammad alias Gamoon and the petitioners wrongly averred in the pleadings that after the death of Ghulam Muhammad alias Gamoon, they asked Muhammad Nawaz to transfer the suit property to them to the extent of their share but he did not do so on one pretext or the other whereas Muhammad Nawaz had pre-deceased his father. It is worth mentioning that though Muhammad Nawaz pre-deceased his father Ghulam Muhammad alia Gamoon and there is a contradiction in the pleadings of the petitioners which has been made basis of dismissal of the suit of the petitioner, the said aspect also brings forth the malice and fraud committed by the respondents that has been completely ignored by the Courts below. It is well settled that the inheritance of a person opens upon his death. Therefore, even if it is acknowledged that deceased Muhammad Nawaz was the owner of the suit property, the death of Muhammad Nawaz opened up his inheritance and Ghulam Muhammad alias Gamoon, the father of Muhmmad Nawaz (as also the predecessor of the petitioners), who was alive at the relevant time, was undoubtedly also legal heir of Muhammad Nawaz. A question arises as to how and why the respondents gobbled up the inheritance share of Ghulam Muhammad alias Gamoon. There is no explanation available on record in this regard and Courts below have also ignored this aspect. In fact, this goes on to reflect the desperation, which induced the respondents to deprive the petitioners with their inheritance share in the suit property
Summary: — Trial in civil case — Principle — Civil cases are to be decided on preponderance of evidence by reading evidence as a whole, rather than cherry-picking certain aspects of pleadings and/or evidence — As such the same helps in achieving a predictable...
2025 M L D 818
Ali Akbar and 3 others — Appellants Versus The State and others — Respondents
Decided Date: 2025-February-11
Summary: — Ss. 302(b), 324, 148 & 149 — Qatl-i-amd, attempt to commit qatl-i-amd, rioting armed with deadly weapons, unlawful assembly — Appreciation of evidence — Inordinate delay in lodging the FIR and private complaint — Consequential — Accused were charge...
2025 M L D 773
Amjad Ali — Petitioner Versus Additional District Judge, Pattoki and 2 others — Respondents
Decided Date: the touchstone of the principle of welfare--- No illegality, infirmity or jurisdictional defect was found in the impugned judgments passed by both the Courts below for the reason that welfare of the minor was prime consideration to decide custody matters--- Constitutional petition, being merit-less , was dismissed, in circumstances
Summary: — S. 25 — Custody of minor — Agreement between the parents regarding custody — Effect — Custody of minor was concurrently denied to the fatherwhile discarding the agreement qua custody of the minor — Validity — Custody of the minor cannot...
2025 M L D 766
District Officer Labour — Petitioner Versus Akbar Ali and others — Respondents
Decided Date: N/A
Summary: — Regln. No.9(ii) — Punjab Workers Welfare Board Housing Scheme Policy, 2002, Cls. 3.18 & 3.19 — Allotment of plot to employee of Labour Department — Allottee, entitlement of — Alienation of such plot , bar on — Labour Department assailed concurre...
2025 M L D 749
Muhammad Anwar (deceased) through LRs — Applicants Versus Shahadat Ali and others — Respondents
Decided Date: 2024-November-13
Summary: — S.115 — Limitation Act (IX of 1908), S.5 & First Sched. Art.162-A — Civil revision — Limitation — Delay — Decision on merits — Scope — Present revision petition was blatantly time barred, as such there was no need to decide the issue raised therei...
2025 M L D 724
Omer Nazeer — Petitioner Versus The State and 2 others — Respondents
Decided Date: 2022-March-24
Summary: — Ss. 561-A & 154 — Pakistan Telecommunication (Re-organization) Act (XVII of 1996), Ss.31(1)(a), 31(6) & 58 — Penal Code (XLV of 1898), Ss. 419 & 420 — Inherent power of High Court — Quashing of FIR or investigation of criminal case — Scope — Compla...
2025 M L D 714
Habib ur Rehman — Petitioner Versus The State and another — Respondents
Decided Date: Crl. Misc. No. 56879-B of 2024, decided on 3rd October, 2024.
Summary: Ss. 498 & 497(2) — Penal Code (XLV of 1860), Ss.506(ii) & 34 — Criminal intimidation, common intention — Ad-interim pre-arrest bail, confirmation of — Further inquiry — Section 506, P.P.C. has two parts and the latter part of the same is the continui...
2025 M L D 707
Miss Shabnam Riaz — Applicant Versus Naila Karim and another — Respondents
Decided Date: 2024-December-24
Summary: — S. 526 — Penal Code (XLV of 1860), Ss. 499 & 500 — Constitution of Pakistan, Art. 10-A — Defamation — Delay in conclusion of trial in private complaint — Application for transfer of trial — Allegations of prejudice and bias made against Trial Judge...
2025 M L D 692
Zulqarnain — Petitioner Versus The State and another — Respondents
Decided Date: 2024-October-24
Summary: — S. 497(2) — Penal Code (XLV of 1860), Ss. 302 & 34 — Qatl-i-amd, common intention — Bail, grant of — Further inquiry — Allegation against the accused-petitioners was that they committed murder of the son of complainant by firing — Record showed tha...
2025 M L D 677
Sheikh Rasheed Ahmed — Petitioner Versus The State — Respondent
Decided Date: its merit after appraising the evidence available on record
Summary: — Ss. 265-K, 435 & 439 — Acquittal of accused at any stage of trial — Scope — Application of the petitioner under S.265-K, Cr.P.C for his acquittal was dismissed by the Trial Court — Validity — Petitioner was arrayed as one of the perpetrators of the...
2025 M L D 662
Kaniz Haider and another — Petitioners Versus Khaliq Dad and others — Respondents
Decided Date: 2024-November-6
Summary: — Islamic law — Inheritance — Issueless owners — Principle of Return (Radd) — Applicability — Petitioners assailed mutations of inheritance of their predecessors-in-interest who died issueless and respondents received their share on the principle of ...
2025 M L D 610
Muhammad Rauf — Petitioner Versus The State and other — Respondents
Decided Date: 2024-June-28
Summary: — S. 497(1), third proviso — Penal Code (XLV of 1860), S. 489-F — Dishonestly issuing a cheque — Bail, grant of — Statutory ground of delay in conclusion of trial — In the present case, the petitioner (accused) was arrested in the case on 30.07.2022 ...
2025 M L D 573
Manzoor Ahmad — Petitioner Versus Chiragh Khan (deceased) through LRs — Respondent
Decided Date: N/A
Summary: — Inheritance, right of — Devolution of inheritance of the property of a deceased bachelor/spinster — Scope — After the death of father of spinster his mother married the brother of her husband ('R') and out of the wedlock petitioner was born — Upon ...
2025 M L D 552
Shehnaz Akhtar Zahoor Cheema and another — Petitioners Versus The Additional District Judge and another — Respondents
Decided Date: 28.04.2018
Summary: — S. 20 (c) — Specific Relief Act (I of 1877), S. 12 — Suit for recovery on basis of agreement — Territorial jurisdiction of the Court — Cause of action, arising of — Scope — In wake of objection regarding territorial jurisdiction of the Trial Court ...
2025 M L D 537
Khawaja Muhammad tayyab and another — Appellants Versus The State — Respondent
Decided Date: N/A
Summary: — S. 302(b) — Appreciation of evidence — Contradictions in the statements of witnesses — Accused was charged for committing murder of the husband of complainant — Statement of the complainant upon which FIR was lodged and endorsement of police at the...
2025 M L D 523
Mst. Shamim Akhtar — Petitioner Versus Additional District Judge Rawalpindi and 2 others — Respondents
Decided Date: N/A
Summary: — S.5, Sched. — Suit for recovery of maintenance allowance, stipulated amount for pronouncing divorce and 04 tolas gold — Nikahnama, Clause 18 — Scope — Prompt and deferred dower — Meaning — Parties had mutually agreed that in case of divorce or cont...
2025 M L D 428
Sultan Khan and another — Petitioners Versus Muhammad Nawaz (deceased) through his Legal Heirs and others — Respondents
Decided Date: 2024-December-2
Summary: — Ss. 8 & 42 — Limitation Act (IX of 1908), S. 28 & First Sched., Art. 144 — Suit for possession — Maintainability — Judgments at variance — Adverse possession — Trespasser — Revenue Officer in demarcation proceedings found the petitioners as encroac...
2025 M L D 401
Irfan Arshad — Petitioner Versus Mst. Zainab Noor and 2 others — Respondents
Decided Date: its own merit in keeping with the only and only paramount consideration of welfare of minor"
Summary: — Ss. 7 & 25 — Constitution of Pakistan, Art. 199 — Custody of minor — Welfare of minor — Determining factors — Scope — Judgments at variance — Guardian petition filed by maternal grandmother/ respondent through her daughter being special attorney ag...
2025 M L D 395
Higher Education Commission through Regional Director — Petitioner Versus Federation of Pakistan through Ministry of Law, Islamabad
Decided Date: 2024-September-24
Summary: — S.4(a) — Constitution of Pakistan, Art.199 — Constitutional petition — Issuance of challan for payment of property tax — Higher Education Commission ('HEC'), status of — HEC assailed the challan on the ground that HEC being government subject was e...
2025 M L D 385
Muhammad Waqas Gill — Petitioner Versus Riffat Awan and 3 others — Respondents
Decided Date: merits and technicalities should not become hurdle in the way of justice. However, the learned law officer, while supporting the arguments advanced by learned counsel for the petitioner submits that, in fact, the learned trial court (Magistrate Section 30), was never given the powers of Family Court, so, according to the relevant provisions of the Ordinance, the said court had no jurisdiction in the matter, therefore, the entire proceedings, including the judgment rendered by the learned appellate court would stand vitiated
Summary: — S. 6(5)(b) [as amended by Punjab Muslim Family Laws (Amendment) Act (XIII of 2015)] — Second marriage contracted by husband without permission of first wife — Appreciation of evidence — Delay of more than three years in filing the complaint — Conse...