Meaning

"Back benefits", as discussed in present case, were confined to arrears of pay and other emoluments denied due to wrongful dismissal or removal.

"Back benefits", as discussed in present case, were confined to arrears of pay and other emoluments denied due to wrongful dismissal or removal.

Word “elucidate” means to clear/clarify/illuminate/to shed light on.

Official acts are presumed to have been rightly done.

No one should be punished for the deed of another.

Fraud and justice never dwell together.

No one should benefit from their wrongdoing.

Appeal filed by appellant seeking proforma promotion under section 8(5) of Punjab Civil Servants Act, 1974 was dismissed by the Service Tribunal

Validity

Service Tribunal based its judgment on incorrect exposition of law which was result of adverting to a wrongly published gazette notification

Patent and obvious error or oversight on the part of Court in any order or decision, could be reviewed sanguine to legal maxim "actus curiae neminem gravabit" meaning that no man should suffer because of the fault of Court or delay in the procedure

There is de rigueur sense of duty in administration of justice that Court and Tribunal should become conscious and cognizant that as a consequence of their mistake, nobody should become victim of injustice and in the event of any injustice or harm suffered because of a mistake of Court, the same should be remedied by making necessary corrections forthwith

Supreme Court set aside judgment passed against appellant/civil servant and matter was remanded to Service Tribunal for decision afresh.

One of the grounds to exercise the power of review is when some mistake or error apparent on the face of record is found

An error on the face of record must be such an error which must strike one on mere looking at the record and would not require any in-depth process of reasoning on the points where there may conceivably be two opinions

Thus an error which is required to be detected by a process of reasoning can hardly be said to be an error on the face of the record

Error apparent on the face of the proceedings is an error which is based on clear ignorance or disregard of the provisions of law

Any order or decision or judgment cannot be corrected merely because it is erroneous in law or on the ground that a different view could have been taken by the court/tribunal on a point of fact or law.

One of the grounds to exercise the power of review is when some mistake or error apparent on the face of record is found

An error on the face of record must be such an error which must strike one on mere looking at the record and would not require any in-depth process of reasoning on the points where there may conceivably be two opinions

Thus an error which is required to be detected by a process of reasoning can hardly be said to be an error on the face of the record

Error apparent on the face of the proceedings is an error which is based on clear ignorance or disregard of the provisions of law

Any order or decision or judgment cannot be corrected merely because it is erroneous in law or on the ground that a different view could have been taken by the court/tribunal on a point of fact or law.

Doctrine of ex debito justitiae refers to remedies to which a person is entitled to as of right, as opposed to a remedy which is discretionary

Such maxim applies to remedies that a Court is bound to give when they are claimed, as distinct from those that it has discretion to grant, where it is the foremost duty of Court to do complete justice.

Let justice be done though heavens fall.

He who derives a benefit ought also to bear a burden.

An act of Court or any authority must not cause prejudice to any individual.

Said expression significantly means that the petition was disposed of in terms of the submission made by the counsel for the petitioner

So, an order stating that counsel for the petitioner wishes to withdraw this petition after arguments…. "disposed of accordingly"… means that subject petition is terminated, settled, ended, concluded or closed as desired by the counsel for the petitioner after arguments and consideration of the merits of the case.

Parties had mutually agreed that in case of divorce or contracting second marriage by the husband/respondent, respondent would provide the stipulated amount as specified in Cl. 18 of Nikahnama

Contention of the respondent was that the condition imposed in the Nikahnama was contrary to the law and Islamic injunctions

Validity

Where no specific or definite period is settled for the payment of deferred dower, wife would become entitled to dower at the event of dissolution of marriage or on the death of any of the spouses

If any sum or property is agreed to be paid or given to the wife on the happening of some specified event, the same would become payable on the occurrence of that specified event as a deferred dower

There was a specific stipulation in the Nikahnama that in case of divorcing the petitioner or contracting second marriage by the respondent, he would pay an amount of Rs 300,000/- to the petitioner

Admittedly, respondent had divorced the petitioner, therefore, petitioner was entitled to recover the amount as stipulated in Nikahnama by construing the same as deferred dower

Respondent had failed to substantiate his stance as taken in his written statement qua pronouncing of divorce upon petitioner on her insistence

Family Court rightly resolved the issue qua entitlement of respondent for receiving stipulated amount, whereas, Appellate Court fell in obvious error disentitling petitioner from recovering that amount

Petitioner failed to substantiate her claim that the respondent snatched gold ornaments from her as petitioner in her cross-examination acknowledged that on the day of alleged snatching, respondent was abroad

Constitutional petitions were allowed and judgment and decree passed by Appellate Court was set aside to the extent of entitling the petitioner to recover 04 tolas gold ornaments and declined her claim to recover the stipulated amount from the respondent and to that extent judgment and decree of Trial Court was restored.

It means an honest belief in the guilt of the accused based on a full conviction founded upon reasonable grounds of the existence of circumstances, which assuming them to be true would reasonably lead any ordinary prudent man and cautious man placed in the position of the accuser to the conclusion that such person charged was probably guilty of the crime imputed.

Malice means the presence of some improper and wrongful motive that is to say, some motive other than desire to bring to justice a person whom the prosecutor honestly believes to be guilty.

Law includes Constitution, statutes, judicial principles, rules, by-laws, etc., which squarely fall within the ambit of Clause (d) of R. 11 of O.VII, C.P.C.

Act of Court should prejudice no man.

Held: The writ jurisdiction of the High Court, being an extraordinary remedy, could not be invoked as a panacea for all grievances, particularly where an equally efficacious, alternate, and adequate statutory remedy existed

The doctrine of exhaustion of remedies operated as a jurisdictional bar, precluding litigant from resorting to constitutional remedies under Art. 199 of the Constitution without first availing themselves of the statutory mechanisms expressly provided by law

The underlying rationale of this doctrine was to prevent litigants from circumventing established statutory frameworks, thereby ensuring that the extraordinary writ jurisdiction of the High Court was not diluted into an ordinary appellate forum

The term 'adequate remedy' signified a remedy that was not merely theoretical but was, in fact, efficacious, expeditious, convenient, and effectual in redressing the aggrieved party's grievance

Thus, the discretionary exercise of writ jurisdiction must remain an exception rather than the rule, reserved only for cases where no equally effective alternative exists

The petitioner had failed to establish grounds warranting indulgence of High Court under Art. 199 of the Constitution, hence, under the circumstances the constitutional petition was dismissed.

To do something within a reasonable time, with an understanding to do it within the shortest possible time.

Both expressions have been used in Articles 218 & 225 of the Constitution in a wide sense to connote the entire election process consisting of several steps starting with the issuance of the election programme and culminating with the declaration of the returned candidate, which includes filing of the nomination papers, scrutiny of the nomination papers, withdrawal of the candidates, holding the poll, counting of the votes, consolidation of the result and declaration of the returned candidates, etc.

In this wide sense, the process of conducting the election starts with the issuance of the election programme and stands completed on the publication of the names of the returned candidates in the official gazette.

Expression "reasonable grounds" as contained under section 497, Cr.P.C., necessitates the prosecution to show that it is in possession of sufficient material or evidence to demonstrate that accused had committed an offence falling within the prohibitory limb of section 497, Cr.P.C.

However for seeking the concession of bail, the accused person has to show that the material or evidence collected during investigation against him creates reasonable doubt or suspicion in the prosecution case

While deciding bail applications, it is the foremost duty of the Courts to apply judicious mind tentatively for reaching the just and proper conclusion regarding whether reasonable grounds are made out or not to enlarge the accused on bail, and the expression 'reasonable grounds' signifies and corresponds to the grounds which are legally rational, acceptable in evidence and attractive to the judicial mind, as opposed to being imaginative, fallacious and/or presumptuous

Whenever reasonable doubt ascends with regard to the involvement of an accused person in the crime or about the certainty or probability of the prosecution case and the evidence proposed to be produced in support of the charge in Court during trial, the accused should not be deprived of the benefit of bail and it would be better to keep him on bail than in jail.

Expression adequate remedy represents an efficacious, reachable, accessible, advantageous and expeditious remedy.

Said maxim means 'a new law ought to regulate what is to follow, not the past'.

Resort cannot be made to definition of 'income' as given in dictionaries since the term has already been defined in Income Tax Ordinance, 2001.

Petitioner / objector assailed nomination papers of respondent / candidate on the plea that he made false declaration by not disclosing weapons in his ownership and that his company was a bank defaulter

Validity

Non-disclosure of licensed weapon of both prohibited as well as non-prohibited bores was not an omission of substantial nature as official record duly certified existence of such fact

Furthermore a settlement agreement was reached in High Court whereby date of discharge of liability of bank was extended to March 2025

Discrepancies in land holding and income could not be ascertained with expenditure in summary proceedings and could be agitated in post-election scenario

High Court declined to interfere in order passed by Election Tribunal accepting nomination papers of respondent

Constitutional petition was dismissed, in circumstances.

S.4 of the Punjab Enforcement of Women's Property Rights Act ,2021 (the Act 2021) provides a different regime than S.7, where a suit is pending

Term "pending" means the proceedings have already been initiated/commenced prior to the filing of complaint under S.4 of the Act 2021

Once S.4 of the Act 2021 is triggered, the bar under S.11 of the Act 2021 becomes effective

Word "pending" means any action, in law, considered pending from time of its commencement

In the present case, regarding the properties which were subject matter of the complaint, no proceedings before any Court of law were pending, therefore the Ombudsperson correctly exercised jurisdiction

Constitutional petition was dismissed, in circumstances.

Where a statute has conferred a power to do an act and prescribed a mechanism for exercise of that power, such power cannot be exercised for the purposes of performing the act by adopting a different method, other than what has been prescribed.

Care-taker is the one who looks after in the owner's absence.

Word "necessary" must be construed in connection in which it is used.

Decision of a Court becomes per incuriam when it is rendered in ignorance of a statute or a rule having the force of statute.

Scope and purpose of constitutional jurisdiction of High Court stated.

Extraordinary jurisdiction under Article 199 of the Constitution is envisioned predominantly for affording an express remedy where the unlawfulness and impropriety of the action of an executive or other governmental authority could be substantiated without any convoluted inquiry

Expression "adequate remedy" signifies an effectual, accessible, advantageous and expeditious remedy which should also be remedium juris i.e. more convenient, beneficial and effective

To effectively bar the jurisdiction of the High Court under Article 199 of the Constitution, the remedy available under the law must be able to accomplish the same purpose which is sought to be achieved through a writ petition

Extraordinary jurisdiction (of the High Court) is provided as remedy to cure an illegality which can be established without any elaborate enquiry into disputed facts.

Misconduct of an Arbitrator in the judicial sense means failure to perform his essential duty or any conduct inconsistent with his duties, resulting in substantial miscarriage of justice between the parties.

Use of word 'conjointly' in sections 391 & 396, P.P.C. indicates that five or more dacoits act with knowledge and consent and in aid of one another or pursuant to an agreement or understanding, i.e., unitedly

For the offence of dacoity, the essential pre-requisite is the joint participation of five or more persons in the commission of the offence

If in the course thereof any one of them commits murder, all members of the assembly would be guilty of dacoity with murder and would expose themselves to the punishment stipulated in section 396, P.P.C.

Said expression means the matters that pertain to and affect the public at large, a whole community, and not an individual or a small group of individuals; in other words, it includes the matters in which the general interest of a whole community, as opposed to the particular interest of individuals, is directly and vitally concerned

Adjective "public" necessarily implies a matter relating to the people at large, the nation, the State or a community as a whole; if a matter in which only a particular individual or group of individuals is interested and the people at large or an entire community have no interest, that cannot be treated as a matter of public importance.

Expression "medically fit" means, a person/candidate who for the time being, is not suffering from any physical and/or mental inability and disability

An employee is considered medically fit to continue working as long as his health does not affect his job performance.

Article 199(1)(a)(i) of the Constitution empowers the High Court to issue direction to the authorities working within its territorial jurisdiction who have failed to decide any pending matter and thus have not performed their duties as required by law

High Court can (and must) issue direction to every functionary to do the needful provided that this is done in accordance with law as it is their duty to act fairly, justly and reasonably in the discharge of the said duties.

Any gift given to the groom at the time of engagement, cannot be treated as part of the dowry as the same is not the property of wife rather ownership vests with the husband

Dowry is only such articles that are given at the time of marriage to the bride and not the gifts to the bridegroom at the time of engagement.

Expression of one thing is exclusion of the other.

Expression of one thing is exclusion of the other.

Unless there is something repugnant in the subject or context, S. 4 of the Guardians and Wards Act, 1890, defines the 'Minor' as a person who, under the provisions of the Majority Act, 1875, is to be deemed not to have attained his Majority; the 'Guardian' means a person having the care of the person of a minor or his property, or of both his person and property and the 'Ward' means a minor for whose person or property or both there is a guardian.

Trial Court partially decreed the suit of wife and also decreed the suit for conjugal rights subject to the payment of dower

Husband filed appeal before Appellant Court, which was dismissed

Held, that there was no denial regarding the existence of Nikah

However, husband had shown his reservations regarding column No.16 of the Nikah Nama that land mentioned in that column was not settled as dower but it was written in the Nikah Nama just to show off

Amount of prompt dower was Rs.1000 which was mentioned in column No.13 of Nikah Nama which was payable on demand, whereas, in column No.16 of the Nikah Nama the property mentioned as 16 kanal was a deferred dower which could only be payable either in case of separation between the husband and wife or in case of death of the husband

To take somebody else's money or property for yourself, especially when they have trusted you to take care of it.

Transaction whereby property was sold or transferred by the husband judgment debtor to his close relatives in order to avoid payment of maintenance allowance against decree passed in favour of his wife and children, was a sham transaction and the said transaction and any superstructure built on the same could not be sustained

Where basic transaction was declared as sham superstructure built on the same was also not sustainable and should collapse.

Urgency in common parlance, connotes taking of immediate steps.

When anything is prohibited directly, it is prohibited also indirectly.

Good faith is an abstract term not capable of any rigid definition and ordinary dictionary meaning describes it as "honesty of intention".