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MLD 2024 Peshawar

2024 M L D 1801

Miss Nigareen Zeb — Petitioner Versus Government of Khyber Pakhtunkhwa through Secretary Home and Tribal Affairs Department, Peshawar and others — Respondents
Decided Date: 2024-June-27
Summary: — Arts. 25 & 199 — Educational institution — Admission policy — Non-interference by Courts — Petitioner was aggrieved of denial of admission to her in a medical college on the basis of Special Quota policy — Validity — It was not the function of High...
MLD 2024 Peshawar

2024 M L D 1715

Munir Gul and others — Petitioners Versus Jehanzeb and others — Respondents
Decided Date: merit, the appellate Court must have kept on extending ad interim injunction as otherwise the appeal would have become infructuous
Summary: — Ss.8, 12, 42 & 54 — Civil Procedure Code (V of 1908), Ss. 94, 151 & O.XXXIX, R.2A — Suit for recovery of possession, specific performance of agreement to sell, declaration and injunction — Interim injunction, non-extending of — Petitioner/Plaintiff...
MLD 2024 Peshawar (Abbottabad Bench)

2024 M L D 1700

Shakeel Ahmed — Appellant Versus The State and another — Respondents
Decided Date: 2021-December-8
Summary: — Ss. 302(b) & 337-F(i) — Qatl-i-amd, causing damihah — Appreciation of evidence — Ocular account supported by medical evidence — Accused was charged for committing murder of the son of complainant by firing and also causing injury to his other son b...
MLD 2024 Peshawar (Mingora Bench)

2024 M L D 1682

Sawab Khan — Appellant Versus The State and another — Respondents
Decided Date: 2021-April-1
Summary: — Ss. 302(b) & 202 — Pakistan Arms Ordinance (XX of 1965), S. 13 — Qatl-i-amd, intentional omission to give information of offence by person bound to inform, possession of illicit weapon — Appreciation of evidence — Delay in lodging the FIR — Inconse...
MLD 2024 Peshawar (Mingora Bench)

2024 M L D 1645

Khan Zada and another — Appellants Versus The State — Respondent
Decided Date: 2023-March-6
Summary: — S. 9(d) — Transportation of narcotic substances — Appreciation of evidence — Recovery of narcotic substances established — Prosecution case was that 2000-grams heroin and 2523-grams charas in packets were recovered from the possession of the accuse...
MLD 2024 Peshawar (Abbottabad Bench)

2024 M L D 1463

Muhammad Faizan Babar — Appellant Versus Returning Officer PK-40 Mansehra and 3 others — Respondents
Decided Date: 2024-January-10
Summary: — Arts. 63(1) (e) & 63(1) (k) — Elections for seat of Provincial Assembly — Nomination papers, rejection of — Retirement period from employment in Government bank — Expression "service of any statutory body or any body" — Scope — Appellant (registere...
MLD 2024 Peshawar

2024 M L D 1399

Mian Qaiser Shah and others — Applicants Versus Khyber Grace Private (Ltd.) and others — Respondents
Decided Date: 2023-October-13
Summary: — S. 5 — Civil Procedure Code (V of 1908), O.IX , R. 4 — Application for restoration of civil revision — Limitation — Condonation of delay — Sufficient cause — Applications for restoration as well as condonation of delay, was filed after sixty days o...
MLD 2024 Peshawar

2024 M L D 1295

Dilawar khan — Petitioner Versus Government of Khyber Pakhtunkhwa through Secretary Transport and Mass Transit, Khyber Pakhtunkhwa, Peshawar and others — Respondents
Decided Date: 27.08.2020), Hazara (Hill Tract) Improvement Trust through Chairman and others v. Mst. Qaisra Elahi and others (2005 SCMR 678) and has argued that even before the re-tendering, no notice was issued to the petitioner
Summary: — Art. 199 — Constitutional petition — Collection of Adda fee/tax — Auction — Terms and conditions — Petitioner participated in auction and was next higher bidder — Plea raised by petitioner was that the highest bidder failed to honour the commitme...
MLD 2024 Peshawar (D.I. Khan Bench)

2024 M L D 1282

Atta Muhammad and another — Petitioners Versus Government of Khyber Pakhtunkhwa and others — Respondents
Decided Date: 2022-March-7
Summary: — Ss. 42 & 54 — Evacuee Property and Displaced Persons Law (Repeal) Act (XIV of 1975), S. 3 — Suit for declaration and injunction — Evacuee property — Allotment — Permanent Transfer Deed (PTD) and RL-II — Declaration, grant of — Principle — Concurre...
MLD 2024 Peshawar

2024 M L D 1143

Haji Sher Muhammad and others — Petitioners Versus Aftab Ahmad and aother — Respondents
Decided Date: 2022-November-23
Summary: — S. 3 — Constitution of Pakistan, Art. 204 — Contempt of Court — Principle — Petitioners invoked contempt of Court proceedings against respondents/ authorities for allegedly violating order passed by High Court dismissing their Constitutional petiti...
MLD 2024 Peshawar

2024 M L D 1096

Irfan Saleem — Petitioner Versus Government of Khyber Pakhtunkhwa through Chief Secretary and 2 others — Respondents
Decided Date: 2023-March-22
Summary: — Art. 199 — Notification No.SO(Arch)4-60/2012 dated 18-12-2018 — Letter No. 283/A-116/Archymus dated 07-01-2019 — Constitutional petition — Matter relating to a historical Hindu Shrine i.e. "Panj Teerath" — Various constitution petitions were filed ...
MLD 2024 Peshawar (Mingora Bench)

2024 M L D 1055

Syed Farman Ali shah — Appellant Versus Mian Syed Wahab Bacha and another — Respondents
Decided Date: 2023-October-4
Summary: — Ss. 302(b) & 34 — Qatl-i-amd, common intention — Appreciation of evidence — Benefit of doubt — Common intention not proved — Accused were charged that they entered into the Hujra of complainant and committed murder of his son by firing — Motive for...
MLD 2024 Peshawar

2024 M L D 940

Syed Amjad Hussain and 2 others — Appellants Versus The State — Respondent
Decided Date: 2023-April-20
Summary: — Circumstantial evidence — Scope — Every circumstance should be linked with each other and it should form such a continuous chain that its one end touches the dead body and other the neck of the accused — If link in the chain is missing the accused ...
MLD 2024 Peshawar (Mingora Bench)

2024 M L D 839

Lal Zada — Petitioner Versus Bakht Afsar and others — Respondents
Decided Date: 2023-October-10
Summary: — Ss.54 & 55 — Permanent and mandatory injunction — Drainage watercourse — Easement, right of — Respondent/ plaintiff approached the Trial Court through a lis for permanent/mandatory injunction to the effect that he and proforma defendants Nos. 3 & 4...
MLD 2024 Peshawar (Mingora Bench)

2024 M L D 684

Fida Muhammad — Petitioner Versus Shah Jehan Badshah and another — Respondents
Decided Date: merits after recording for against evidence of the parties; and that at the time of granting of admission into PhD program, there was no condition of obtaining 50 marks in GET
Summary: — O.VII, R. 11 — Rejection of plaint — Cause of action, disclosure of — Averments of the plaint, analyzing of — Guidelines — Documents not annexed with the plaint — Effect — Suit for recovery of damages etc. against the director/principal of the coll...
MLD 2024 Peshawar

2024 M L D 675

Said Ali Shah — Appellant Versus Bakht Zada and others — Respondents
Decided Date: 2023-May-8
Summary: — S. 3 — Prevention of illegal possession of property — Appreciation of evidence — Sentence, reduction in — Accused was charged for occupying the property of complainant illegally and in his absence — Contents of the complaint would transpire that th...
MLD 2024 Peshawar

2024 M L D 650

Hina Bibi — Petitioner Versus Election Commission of Pakistan through Secretary and others — Respondents
Decided Date: 2024-January-24
Summary: — S.57(2)(a) — Constitution of Pakistan, Art. 199 — Constitutional petition — Reserved seat — Change of forum — Petitioner filed her nomination papers for a seat reserved for women — Contention of petitioner was that she intended to file her nominati...
MLD 2024 Peshawar (Bannu Bench)

2024 M L D 521

MUHAMMAD RAFIQ and others — Petitioners Versus The STATE and another — Respondents
Decided Date: 2021-April-1
Summary: — S. 497(2) — Penal Code (XLV of 1860), Ss. 302 & 34 — Qatl-i-amd, common intention — Bail, grant of — Further inquiry — Incident occurred at 11:20 hours, whereas the matter was reported at 13:40 hours and the Police Station was situated at a distanc...
MLD 2024 Peshawar

2024 M L D 472

NOOR MUHAMMAD — Petitioner Versus The STATE — Respondent
Decided Date: 2022-November-14
Summary: — S. 497 — Khyber Pakhtunkhwa Narcotic Substances Act (XXXI of 2019), S.9(c) — Possession of Charas and ICE (Methamphetamine) — Bail, refusal of — Total 16 packets of Charas and methamphetamine (total 4.750 KG) were recovered from trunk of the motorc...
MLD 2024 Peshawar

2024 M L D 422

MUHAMMAD AWAIS and 26 others — Petitioners Versus GOVERNMENT OF PAKISTAN through Federal Secretary Health, Islamabad and others — Respondents
Decided Date: 2022-June-17
Summary: — S.18(3) — Pakistan Medical Commission Medical and Dental Undergraduate Education (Admissions, Curriculum and Conduct) Regulations, 2021, Reglns. 4 & 18 — Admission to medical college — Vacant seats, adjustment of — Petitioners / candidates passed M...