Essential conditions

2025 PLD 177 PESHAWAR-HIGH-COURT Judicial Precedent

S. 12Freezing of propertyExercise of powerEssential conditions

Essential conditions for invoking S. 12 of National Accountability Ordinance, 1999 in a case are; (i) the power under S. 12 can be exercised by Chairman NAB (delegatee) or the Court trying an accused for any offence as specified under National Accountability Ordinance, 1999; (ii) there must be reasonable grounds for believing that accused has committed an offence under National Accountability Ordinance, 1999; (iii) the reasons for such belief of his must be provided in the order; and (iv) property/assets so frozen by the order under S. 12 of National Accountability Ordinance, 1999 must have some nexus with alleged crime of accused being investigated.

2022 MLD 1583 Gilgit-Baltistan Chief Court Judicial Precedent

S.11Res judicataEssential conditionsPrinciple of estoppelScope

Rule of res judicata was based on the consideration that same cause should not be tried for the second time between the same parties and there must be the end of litigation between the parties

Cause of action in a suit merged in the judgement

No second suit could be filed on the basis of same cause of action unless it was recurring in nature

Essential condition required to be fulfilled to establish the plea of res judicata would be that matter in issue and the material point in dispute between the parties in the earlier litigation was directly and substantially in issue in subsequent litigation

Such was essential to show that earlier decision in matter was based on proper adjudication on the relevant issue either of law or fact or mixed issue of law and fact

Decision on an issue of fact based on evidence and decision on issue of law on the basis of set of facts directly and substantially by a competent Court is certainly res judicata

Adjudication on question of law or fact or mixed question of law and fact on the basis of established set of facts and determination of such question in judgement would essentially be res judicata

Court shall not try a suit or issue involving a matter no longer open to contest ,either on question of law or fact by reason of an earlier decision if the matter in issue in the subsequent suit directly and substantially was the same which was involved in earlier litigation

In the present case, parties of previous suit and the present suit were same, Property which was involved in between the parties was also same and claim of ownership of petitioner/plaintiff had been decided in pervious suit

Present petitioner failed to prove his contention in pervious suit before competent court and had not even filed appeal when the material issue of ownership was decided against petitioner

Principle of estoppel also applied

Petitioner/plaintiff couldn't resile from the admissions made during his deposition before Trial Court while recording statement on oath during the proceedings of previous suit

Civil revision was dismissed.

2020 PTD 465 INLAND REVENUE APPELLATE TRIBUNAL OF PAKISTAN Judicial Precedent

Ss. 33 & 34Imposition of penaltyEssential conditionsNo penalty could be imposed without first establishing mens rea

Nature of penal provisions being quasi criminal, existence of mens rea is an essential and mandatory condition for levying penalty

Department must establish mens rea before levying penalty.

2018 CLC 1640 LAHORE-HIGH-COURT-LAHORE Judicial Precedent

Ss.42, 12, 10 & 39Suit for declaration, possession and cancellation of documentSale of immovable propertyEnforcement of saleEssential conditions

In order to enforce a sale, it was sine qua non for a vendee to establish; firstly, that transaction was struck with a title-holder or a person having authority to create title; secondly, it was settled against consideration and thirdly, such sale was accompanied by delivery of possession

Mere execution and registration of a sale deed by itself did not furnish proof of ingredients of transaction

Whenever such document as well as transaction cited therein were questioned or denied, onus lay on the beneficiary to prove both of these.

2017 YLRN 114 LAHORE-HIGH-COURT-LAHORE Judicial Precedent

S. 337-N (2)Additional punishment in case of hurtEssential conditions

Additional punishment of imprisonment as ta'zir could only be awarded to a person who was previous convict or hardened, dangerous, desperate criminal or had committed the offence on pretext of honour.

2017 PCrLJN 108 LAHORE-HIGH-COURT-LAHORE Judicial Precedent

S. 337-N(2)Additional punishment in case of hurtEssential conditions

Additional punishment of imprisonment as ta'zir could only be awarded to a person who was previous convict or hardened, dangerous, desperate criminal or had committed the offence on pretext of honour.

2013 CLD 1398 KARACHI-HIGH-COURT-SINDH Judicial Precedent

O. XXI, R. 66Execution proceedingsSale of property by public auctionEssential conditions

Such sale, if made without fulfilling mandatory requirements of O.XXI, R. 66, C.P.C., would be unlawful and liable to be set aside

Principles.

2013 PLD 430 KARACHI-HIGH-COURT-SINDH Judicial Precedent

O. XXI, R. 66Execution proceedingsSale of property by public auctionEssential conditions

Such sale, if made without fulfilling mandatory requirements of O. XXI, R. 66, C.P.C., would be unlawful and liable to be set aside

Principles.

2012 CLC 1944 PESHAWAR-HIGH-COURT Judicial Precedent

S. 41Purchaser claiming protection of S.41 of Transfer of Property Act, 1882Essential conditions

Purchaser must inquire about title of his vendor and then enter into any transaction with him.

2012 CLC 540 HIGH-COURT-AZAD-KASHMIR Judicial Precedent

S. 44Writ jurisdiction of High Court, invoking ofEssential conditions

Party invoking such jurisdiction must be an aggrieved person and that direction, prohibition or declaration must be sought against a person performing functions in connection with affairs of State of Azad Jammu and Kashmir.

2011 SCMR 1688 SUPREME-COURT Judicial Precedent

Art. 184(3)Exercise of jurisdiction of Supreme Court under Art.184(3)ScopeEssential conditions

Question of public importance relating to enforcement of any fundamental right would be sine qua non for exercise of such jurisdiction

Principles.