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P L D 2025 Lahore 575
GHULAM FAREED — Petitioner Versus MUHAMMAD BILAL and others — Respondents
Decided Date: merits by the High Court---Proper/competent forum for application under S. 12(2), C.P.C.---Scope---Merger of decrees---Application under S. 12(2), C.P.C. must be filed before the court that passed the final judgment, decree, or order---Proper forum for filing the application was High Court---Once an appellate decree merges into a High Court decision, it becomes the final order for the purpose of S. 12(2), C.P.C.---No subsequent application lies before a subordinate court---Legal point for determination before the High Court was as to "whether the application under S. 12(2), C.P.C. would be competent before the subordinate court or the High Court, where the decree of the subordinate court had merged into the final judgment of the High Court"---Brief facts of the case were that the suit for possession filed by respondent No.1 was dismissed by the civil court on 15.11.1997 by declaring the sale deed of respondent No.1 as based on fraud and collusion---Appeal filed by respondent No.1 was accepted on 07.09.1998 by the Additional District Judge, with the result that findings of the Trial Court were reversed and the suit was decreed in favour of respondent No.1 by upholding his sale deed, against which petitioner filed civil revision before the High Court which was dismissed on merits on 08.10.2015 and findings of the Additional District Judge were upheld by holding that registered instrument/sale deed attains presumption of truth and had preference over the mutation---Petitioner, thereafter, challenged the High Court decision before the Supreme Court of Pakistan which was withdrawn on 06.03.2020---Thereafter, petitioner filed application under S. 12(2), C.P.C. before the Additional District Judge on 01.02.2024 which was dismissed on 20.04.2024 and the said order was brought under challenge through the instant revision petition---Held: Decree passed by Additional District Judge dated 07.09.1998 had merged into order dated 08.10.2015 passed by the High Court, therefore, said order was final order in the matter and application under S. 12(2), C.P.C. filed by the petitioner before Additional District Judge was not maintainable and was rightly dismissed for the reason that same was required to be made before the court that had passed the final decision---Competent forum to challenge the validity of judgment, decree or order under S. 12(2), C.P.C. was the Court which passed the final order---In the present case, the final order had been passed by the High Court as the Supreme Court had not entertained the petitioner's application for leave to appeal against the same---No ground to warrant interference in the impugned order was made out for the reason that the same did not suffer from any illegality, jurisdictional defect or mis-reading and non-reading of material available on record
Summary: — S.12(2) — Specific Relief Act (I of 1877), S.8 — Question of maintainability of application under S. 12(2), C.P.C. — Application filed before the District court, whereas, matter decided on merits by the High Court — Proper/competent forum for appli...
P L D 2025 Lahore 572
MUHAMMAD ASIF — Appellant Versus Ch. MUHAMMAD HANIF — Respondent
Decided Date: N/A
Summary: — Ss. 12, 21(c) & 22 — Agreement to sell, legality of — Description of subject property unclear — Effect — Concurrent findings of the courts below should not be interfered with by the High Court in second appeal if same are not contrary to law — The ...
P L D 2025 Lahore 563
AAMIR NAWAZ MINHAS and others — Petitioners Versus NATIONAL ACCOUNTABILITY BUREAU and others — Respondents
Decided Date: 2025-April-8
Summary: — Vol. V, Chap. No.3, Part-2, R. 1 — Division Bench of High Court — Fixing and hearing of cases — Three eventualities have been provided in Chap. No. 3, Part-2, R.1 of Vol. V of High Court (Lahore) Rules and Orders viz (i) Save as provided by law (ii...
P L D 2025 Lahore 551
MOHAMMAD MOHSIN RAZA — Petitioner Versus ADDITIONAL DISTRICT JUDGE, JATOI, DISTRICT MUZAFFARGARH
Decided Date: N/A
Summary: — Ss. 5, Sched., 10(5) & 10(6) — Suit for dissolution of marriage on the basis of Khula — Return/surrender of dower — Principles — Family Court while dissolving marriage on the basis of Khula decreed the claim of the dower of plaintiff (ex-wife) to t...
P L D 2025 Lahore 540
SADIA AZIZ — Petitioner Versus D.P.O. and others — Respondents
Decided Date: N/A
Summary: — Walayat (Guardianship) and Hizanat (Custody) — Difference — Mother, entitlement of — There is difference between Walayat (Guardianship) and Hizanat (Custody); in Muslim Law, as in almost every other system of law, the father is the natural guardian...
P L D 2025 Lahore 512
IMDAD ULLAH — Appellant Versus The STATE and another — Respondents
Decided Date: N/A
Summary: — Ss. 3 & 18 — Penal Code (XLV of 1860), S. 377-B — Child molestation — Appreciation of evidence — Delay in registration of FIR — Inconsequential — Overly technical objections by defense — Accused was alleged to have committed sodomy with the victim ...
P L D 2025 Lahore 508
ALLAH DITTA — Appellant Versus NOOR AHMAD — Respondent
Decided Date: 2024-December-9
Summary: — Ss. 43 & 118 — Statutory presumption in favour of a negotiable instrument — Scope — Departure from the statutory presumption — Suit for recovery on the basis of pronote — Promissory note executed under conditional promise — There is an initial st...
P L D 2025 Lahore 502
Messrs MUMTAZ GHANI TEXTILE (PVT.) LTD. through Chief Financial Officer and others — Petitioners Versus FEDERATION OF PAKISTAN through Secretary, Ministry of Finance
Decided Date: N/A
Summary: — Ss. 3, 12(1), 12(3), 23B & 23J — Constitution of Pakistan, Arts, 9, 10A, 14 & 18 — Adjudicating Proceedings and Appeal Rules, 1988 — State Bank Notification No.F.E.I/2002 dated 05.01.2022 — Foreign Exchange Circular No.1 dated 13.02.2023 — Foreign ...
P L D 2025 Lahore 40
Mst. RAZIA BEGUM — Petitioner Versus PUBLIC AT LARGE and others — Respondents
Decided Date: 2024-October-1
Summary: — Nominee — Meaning and scope — A "nominee" is typically defined as a person or entity designated to act on behalf of another, particularly in legal or financial matters — Nominee may hold assets for the benefit of the actual owner, indicating a fidu...
P L D 2025 Lahore 496
Sheikh NADEEM ANWAR — Petitioner Versus ILLAQA MAGISTRATE and others — Respondents
Decided Date: 2024-November-11
Summary: — S. 17 — Criminal Procedure Code (V of 1898), S. 173 — Code of conduct — Investigation Report — Duty of Prosecutor — Scope — Prosecutor is required to apply evidential and public interest tests on report submitted under S. 173, Cr.P.C. in order to e...
P L D 2025 Lahore 491
TARIQ MEHMOOD and others — Petitioners Versus FATEH MUHAMMAD and others — Respondents
Decided Date: N/A
Summary: — Ss. 42 & 54 — Muslim Personal Law (Shariat) Application Act (IX of 1948), S. 2 — Muslim Personal Law (Shariat) Application Act (XXVI of 1937), S. 2 — Suit for declaration and injunction — Islamic Law — Inheritance — Non- Muslim successor-in-interes...
P L D 2025 Lahore 486
TANVEER AHMED — Appellant Versus IMTIAZ ANWAR — Respondent
Decided Date: N/A
Summary: — Art. 17(2)(a) — Civil Procedure Code (V of 1908), O. XXXVII, Rr. 1 & 2 — Suit for recovery on the basis of a promissory note — Non-appearance of second attesting witness — Inconsequential — Evidence produced deficient — Defendant filed appeal as th...
P L D 2025 Lahore 446
ASIF HUSSAIN — Petitioner Versus ELECTION COMMISSION OF PAKISTAN through Chief Election Commission and 4 others — Respondents
Decided Date: 2022-December-21
Summary: — Ss. 2(xviii) & 55 — Constitution of Pakistan, Art. 199 — Constitutional petition — Maintainability — Disciplinary proceedings — Election Commission, jurisdiction of — Petitioners/civil servants challenged jurisdiction of Election Commission to ini...
P L D 2025 Lahore 430
SHAKEEL AKHTAR — Petitioner Versus The STATE and others — Respondents
Decided Date: 2023-July-6
Summary: — R. 25.2(3) — Constitution of Pakistan, Art. 13(b) — DNA test — Witness against himself, principle of — Applicability — DNA test of accused person does not offend Art. 13(b) of the Constitution — DNA collection in criminal cases is analogous to poli...
P L D 2025 Lahore 425
UNITED BANK LTD. through authorized attorneys — Appellant Versus MUHAMMAD AMJAD HAYAT KHAN — Respondent
Decided Date: N/A
Summary: — Ss.3 (2), 19 & 22 — Civil Procedure Code (V of 1908), S.47 — Execution proceedings — Correction of decree — Awarding of cost of funds — Executing Court, jurisdiction of — Suit for recovery was filed by respondent/plaintiff against appellant/bank on...
P L D 2025 Lahore 414
FALAK SHER and others — Petitioners Versus HASHMAT BIBI and others — Respondents
Decided Date: surmises and conjectures---High Court remanded the matter to Trial Court to decide the matter afresh---Revision was allowed accordingly
Summary: — S.2 — Power of attorney — Interpretation — Power of attorney must be construed strictly as giving only such authority as is conferred expressly or by necessary implication — Power of attorney cannot empower beyond what it really conveys and its con...
P L D 2025 Lahore 405
Rai MUHAMMAD ASLAM — Petitioner Versus ADDITIONAL SESSIONS JUDGE and others — Respondents
Decided Date: 2024-October-28
Summary: — S. 540-A — Exemption from personal appearance — Grounds — Application of the accused under S. 540-A, Cr.P.C., for exemption from personal appearance permanently on the ground of earning his livelihood abroad was dismissed by the Trial Court, but sa...
P L D 2025 Lahore 379
Messrs JALAL CONSTRUCTION COMPANY through Proprietor and others — Petitioners Versus The SECRETARY, C & W DEPARTMENT, LAHORE and 3 others — Respondents
Decided Date: 2024-February-9
Summary: — Art. 156 — National Economic Council — Object, purpose and scope — Executive Committee of National Economic Council (ECNEC), role of — National Economic Council is to review general and overall economic conditions of country and formulate plans reg...
P L D 2025 Lahore 366
NUSRAT AFTAB — Appellant Versus RABEAH HUSSAIN and 4 others — Respondents
Decided Date: N/A
Summary: — O. XL, R.1 & O. XXXVII, Rr. 1, 2 — Specific Relief Act (I of 1877), Ss. 42 & 54 — Qanun-e-Shahadat (10 of 1984), Arts.46-A & 78-A — Suit for declaration, rendition of accounts, recovery, permanent and mandatory injunction — Receiver, appointment of...
P L D 2025 Lahore 18
Syed SHOUZAB IMRAN KAZMI — Petitioner Versus Syeda IFFAT BUKHARI and 2 others — Respondents
Decided Date: 2024-October-31
Summary: — S. 7 [as amended by Muslim Family Laws (Second Amendment) Act (XXIX of 2021)] — Fiqah-e-Jafria — Applicability — Amendment in S. 7 was introduced through Muslim Family Laws (Second Amendment) Act, 2021, which is restricted only to Federally adminis...