Significance

Petitioner (the purported buyer and landlady) claiming to have purchased the demised property from respondent No.1 (purported tenant) through agreement to sell

Effect

Brief of the matter was that the respondents "FN" and "FS" were married in 2004, and "FS" had earlier purchased a house which became the "demised premises"; over the years, multiple agreements to sell were executed between the petitioner and respondent No.1 "FN", followed by a civil suit filed by the petitioner (purported buyer and landlady) in 2008 that was decreed in her favour upon conceding statement of respondent No.1 "FN", leading to a registered sale deed

Thereafter, applications under Section 12(2) C.P.C. were filed by "FS" and "PN", resulting in the decree and sale deed being set aside through order dated 25.02.2016, which order was later set aside on 26.08.2020, reviving the earlier decree and sale deed; meanwhile, in 2017 the petitioner (purported buyer and landlady) filed eviction proceedings under Section 15 of the Punjab Rented Premises Act, 2009, claiming respondent No.1 was her tenant, which were dismissed by the rent controller and the appellate court on the ground that landlord-tenant relationship was not proved, and thereafter, the High Court upheld these concurrent findings

The legal issue before Supreme Court was as to"whether the petitioner had established the existence of a landlord-tenant relationship so as to justify eviction under Section 15 of the 2009 Act"?

Held: The rent controller as well as the appellate court and the High Court concurrently held that neither had the petitioner (the purported buyer and landlord) been able to prove the existence of such the agreement to sell, nor the payment of rent at any material stage by respondent No.1 (purported tenant) to her

The conclusions drawn by three courts below did not suffer from misreading or non-reading of evidence and therefore warranted no interference

Eviction could not be sought before the rent controller without establishing the relationship of landlord and tenant

It was emphasized that the relationship of landlord and tenant usually came into existence as a result of a tenancy agreement

One of the most important circumstances from which inference as to the existence of such relationship could be drawn was payment of rent

The fact that no rent was paid by the person in possession of the premises would negate the existence of such relationship

Payment of rent was not just a normal incidence of tenancy but a sine qua non for the relationship of landlord and tenant

To show that respondent No.1 was the petitioner's tenant, the latter had to prove that respondent No.1 either undertook or was bound to pay rent as consideration for the possession or occupation of the demised premises

This could have been done through the production of rent receipts or witnesses deposing as to the payment of rent in their presence to respondent No.1

However, the non-payment of rent in the presence of a rent agreement, oral or written, would not by itself be sufficient to hold that there did not exist such relationship

The existence of the relationship of landlord and tenant could come into existence on execution of a rent agreement

The petitioner (the purported buyer and landlady) did not produce witnesses in whose presence a tenancy agreement with respondent No.1 (purported tenant) was created

There was no reason to interfere with the three concurrent orders / judgments passed by the rent controller, appellate court and the High Court

Leave to appeal was declined and the petition was dismissed, in circumstances.

When a civil/public servant in response to a show-cause notice has specifically denied the charges and considering the nature of the charges, all those allegations require evidence, then it becomes incumbent upon the authority to order regular inquiry and in the given situation departure from a normal course does not reflect bona fide on the part of the authority.

While courts are inclined towards deciding matters on merits rather than technicalities, this principle does not override statutory limitations unless compelling justification is shown; otherwise, limitation law would be rendered otiose and the principle of finality of adjudication defeated.

True import of statute of limitation, its significance and essence stated:-(i) The law of limitation is a statute of repose, designed to quieten title and to bar stale and water-logged disputes and is to be strictly complied with

There is no scope in law of limitation for any equitable or ethical construction to get over them; justice, equity and good conscience do not override the law of limitation;(ii) The hurdles of limitation cannot be crossed under the guise of any hardships or imagined inherent discretionary jurisdiction of the Court

Ignorance, negligence, mistake or hardship does not save limitation, nor does poverty of the parties;(iii) There is absolutely no room for the exercise of any imagined judicial discretion vis-a-vis interpretation of a provision, whatever hardship may result from following strictly the statutory provision

There is no scope for any equity

The Court cannot claim any special inherent equity jurisdiction;(iv) The law of limitation is an artificial mode conceived to terminate justiciable disputes

Therefore, it is to be construed strictly with a leaning to benefit the suitor.

It is well settled principle of law that where the legislature has prescribed a specific period of limitation, the same cannot be extended or enlarged by the court unless sufficient cause for the delay is demonstrated strictly within the parameters of S.5 of Limitation Act, through an independent application

The court cannot assume sufficient cause not create it on behalf of a litigant

The absence of condonation of delay application therefore, is not a simple omission; it is a jurisdictional vacuum.

The issue in the present case centered on the legality of an eviction order passed against the petitioner (tenant) after a long-standing tenancy

The petitioner had entered into lease agreements with the original landlady, regularly paid rent without default, and even verbally extended tenancy beyond the written lease period

Later, Respondents Nos. 3 to 5 (new owners) claimed ownership of the premises after a transfer of title and filed an ejectment petition

The petitioner challenged the same, arguing that no mandatory notice of change of ownership under S.19 of the Islamabad Rent Restriction Ordinance, 2001 (the Ordinance 2001) was served; that the relationship of landlord and tenant with Respondents Nos. 3 to 5 (new owners) never legally existed, and that eviction was ordered without proper recording of evidence

The dispute thus revolved around "whether the eviction order was lawful in light of the alleged ownership transfer and absence of statutory notice"?

Held: Admittedly petitioner (tenant) originally entered the demised premises as tenant under the previous landlord

Upon the transfer of title, the private respondents (new landlord), being successors-in-interest, stepped into the shoes of the original landlord

Principle "once a tenant, always a tenant," was attracted in the present case and the mere transfer of ownership, did not alter the status of the tenancy nor created a fresh tenancy in favour of the new landlord

Furthermore, it had been the consistent view of the superior courts that a tenant was not entitled to challenge the title of the landlord unless and until he first surrendered possession of the tenanted premises

Moreover, petitioner's counsel gave an undertaking before the High Court that demises premises would be handed over to the new owners within four months which undertaking was not complied with

Undertaking recorded by the court carried the force of an order and breach thereof could entail penal consequences, including proceedings for contempt of court

With regards to the requirement of issuing statutory notice under S.19 of the Ordinance 2001, mere filing of the ejectment petition itself constituted sufficient notice to the tenant, therefore, there was no formal requirement to issue notice

Invocation of Art. 199 of the Constitution in the present case was wholly misconceived and not maintainable

Present petition was dismissed, in circumstances.

The preamble of a statute indeed serves a "constructive" and "contextual" function in statutory interpretation and can help elucidate the objectives the legislature sought to accomplish.

Wrong selection of "blue-eyed" candidates, based on nepotism, favoritism, or external pressures, leads to chaos and turmoil in the civil service structure, creating unrest and discontent among civil servants with serious repercussions

In all fairness, merit should be the sole criterion in the selection process, as it is an integral part of good governance

Lack of transparency or preferential treatment of undeserving candidates in the appointment process amounts to a brutal murder of merit and excellence

Transparent recruiting process should be marked by unambiguity, uprightness, trustworthiness, and evenhandedness

Honesty and integrity are the best means to magnetize talented individuals suited for the job, and an open-minded selection process should be based on objective criteria free from any extraneous considerations, while providing every candidate with a fair and equal opportunity to compete.

It is the hallmark of a robust judicial system to allow for the expression of supplementary views that may fortify the decision's legal foundation and contribute to the richness of our legal tradition.

Upon receiving information from the Branch Manager of international courier service (DHL Worldwide Express) , an A.N.F. raiding team(complainant) visited the office, where the Manager handed over a parcel having been booked by the petitioner / accused for delivery abroad

Upon inspection of the parcel, twelve clothing items (like quilt / pillowcover, oblong cushion covers, fabric, cotton ) were allegedly foundsoaked with methamphetamine / ICE having combined weight of 12 kilograms

Recovered clothing items were sent to the Punjab Forensic Science Agency (PFSA) for analysis to detect the presence of the alleged psychotropic substance

PFSA report revealed that, out of the twelve clothing items, only four contained ICE

Although the Forensic Report confirmed that the four clothing items were saturated with the psychotropic substance known as ICE, it did not include a quantitative analysis to determine the exact amount of ICE present

Said omission left the precise quantity of the psychotropic substance undetermined

In the context of narcotic substances analysis in Pakistan, particularly under the CNSA, the terms qualitative and quantitative tests refer to two key aspects of forensic testing conducted to determine the nature and quantity of narcotic substances in a sample

These tests are typically carried out by forensic labs and are crucial for evidence in narcotics cases

A qualitative test identifies the specific type of narcotic in a sample, confirming whether it is a narcotic drug or psychotropic substance under CNSA

Using advanced techniques such as chromatography, mass, and infrared spectroscopy, the test reveals the substance's unique chemical profile, verifying its nature and legality

On the other hand, a quantitative test determines the precise concentration of a narcotic in a sample, shaping the severity of penalties under the CNSA, where higher quantities lead to stringent sentencing

Without a forensic report confirming the exact quantity, the prosecution may struggle to meet the evidentiary standards required for conviction and sentence

In the given circumstances, when the report from the Punjab Forensic Science Agency (PFSA) failed to provide a conclusive determination regarding the actual quantity of psychotropic substance purportedly absorbed within the clothing articles, the case against the petitioner entered the realm of further inquiry as envisaged under Section 497(2), Cr.P.C.

Uncertainty in establishing the precise quantity of the alleged recovered psychotropic substance necessitated the recording of additional evidence, as the current record remained inconclusive

Consequently, this ambiguity warrants judicial scrutiny, leaving the matter open to deeper appreciation, an exercise best reserved for thorough deliberation at trial

Petitioner had remained in custody since his arrest, and his presence was no longer required by the investigating agency for further investigation, thus, detaining him indefinitely would serve no meaningful purpose

Post-arrest bail was allowed to the petitioner / accused , is circumstances.

Statute of limitations is not a trivial technicality; it stands as a cornerstone legal principle designed to ensure fairness and finality in legal proceedings

Once period of limitation expires, valuable rights accrue to the other party by operation of law and such right cannot be taken away lightly

In the present case ,Constitutional petition was filed being aggrieved by an order of the Appellate / District Court, by which Civil Revision Application was dismissed as being time barred and five (5) orders of the Trial Court were upheld ;however, four out of the five orders were time-barred and the Revision Application had become infructuous regarding the fifth order (as decree had been executed by handing over possession of suit-property)

Even the present constitutional petition, was affected by laches

This was due to its submission nearly four years after the issuance of the first four orders and more than one year after the fifth order

Petitioners' lackadaisical attitude demonstrated lack of seriousness and suggested an intent merely to entangle and embroil the respondents in prolonged, obdurate litigation, especially since most of the original siblings had expired

It seemed that the petitioner was pursuing baseless and vexatious litigation, akin to flogging a dead horse

Constitutional petition was dismissed, with costs of Rs. 35,000/-, in circumstances.

Dispute between the parties was with regard to ownership and possession of plot in question when both the parties had referred to two different numbers of one plot in registered documents in their favour

Suit filed by respondent/plaintiff was concurrently decreed in his favour

Validity

In Schedule to lease deed, plot number mentioned was 74/C, with specific boundaries

Describing land with reference to boundaries was significant because it provided a clear and specific identification of the property, as the boundaries serve as physical markers that define the extent and limits of a particular piece of land

Mentioning boundaries in legal document such as a lease helps to avoid ambiguity and ensures that there is no confusion or dispute regarding exact location and extent of the property

Such information provides a precise and objective way to identify and distinguish one property from another and is crucial for determining ownership, resolving boundary disputes, and establishing rights and responsibilities related to the land

Appellant/defendant was unable to demonstrate any misreading/non-reading of evidence or perversity in the findings of fora below falling within the scope of a Second Appeal

High Court declined to interfere in concurrent findings passed by two Courts below as the same were reasonable and sustainable one on the basis of the evidence on record

Second Appeal was dismissed accordingly.

However, the statement of victim must be independent, unbiased and straightforward to establish the accusation.

In the cases under Control of Narcotic Substances Act, 1997, it is the duty of the prosecution to establish each and every step from the stage of recovery, making of sample parcels, safe custody of sample parcels and safe transmission of the sample parcels to the concerned laboratory

This chain has to be established by the prosecution and if any link is missing, the benefit of the same has to be extended to the accused

Prosecution is under a bounded responsibility to drive home the charge against an accused by proving each limb of its case that essentially includes production of the witness tasked with the responsibility of transmitting the samples to the office of Chemical Examiner and failure to do the same can cast away the entire prosecution case.

Effect of scorching heat in the summer months and pollution inhaled by pedestrians can be offset by taking care of existing trees, replacing dead ones and planting new ones on pavements

Unfortunately, this is not done

Trees are also invaluable in removing pollutants and producing oxygen, and are effective against climate change

If pavements are lined with trees it will undoubtedly encourage more people to use them

Local governments are in dereliction of this duty towards the public

Therefore, all local governments should immediately carry out a survey and proceed to plant threes on pavements and to take care of them.

Courts, while interpreting the contents and terms and conditions of a Nikah Nama, also have to take into consideration the factor of free consent of the bride and her freedom to settle the terms and conditions as a person having an informed understanding of her rights

This is crucial in the context of the social and cultural norms generally prevalent in the society

If an ambiguity or doubt arises in relation to the terms and conditions of the Nikah Nama, an entry or column thereof, then the benefit ought to go in favor of the wife if there does not exist preponderance of evidence on record to establish that she had been informed of her rights, she understood each column of the Nikah Nama, and she had the freedom to negotiate and settle the terms and conditions out of free consent

In case the columns of the Nikah Nama have been filled by others without her meaningful consultation then a doubt or ambiguity cannot be interpreted against her rights or interests

It is implicit in the expression ''free consent'' that the wife, at the time of executing the Nikah Nama, had the freedom to settle the terms and conditions as an informed person competent to enter into a contract

Paternal tendencies of the society and dominance of the male members in relation to deciding the terms and conditions on behalf of the bride has generally been accepted as a cultural and social norm of the society

It places a bride in a disadvantageous position, inevitably adversely affecting her capacity to execute the contract with free consent

Weakness or creation of an ambiguity in a Nikah Nama cannot be interpreted against the interest and rights of a wife if it cannot be established that she had the freedom to settle the terms and conditions and had exercised her free will.

Petitioner (husband) had filed his written statement in response to the plaint and had expressly admitted the description of the property but he had taken the stance that the plot was meant for the construction of a house and the respondent (wife) was to live in it for as long as the marriage subsisted

However, a plain reading of the description of the property, as mentioned in column 17, does not indicate nor supports such a stance

If such an interpretation is accepted then the property would not form part of the dower separately mentioned in columns 13 to 16 of the Nikah Nama

Copy of the Nikah Nama showed that no condition has been stipulated in column 17 except describing the property

It is not the case of the petitioner (husband) that the columns were filled by the respondent (wife) or pursuant to meaningful consultation carried out with her before or at the time of execution of the Nikah Nama

No such evidence was brought on record

Onus was on the petitioner (husband) to establish that the property described in column No. 17 was not meant nor intended by the parties to be part of the dower

Ambiguity, if any, cannot be construed against the interests and rights of the respondent (wife) in the facts and circumstances of the present case

Moreover, accepting the stance of the petitioner (husband) would amount to reading in the Nikah Nama something not provided therein

Courts cannot construe the Nikah Nama and its entries as having the effect of applying a stipulation not expressly provided therein

High Court had correctly interpreted the columns of the Nikah Nama and declared the respondent (wife) entitled to the plot described in column 17 of the Nikah Nama

Petition was dismissed and leave was refused.

Doctrine of binding precedent fosters and disseminates firmness and uniformity and also supports the development of law.

It enables the citizen to know how they are being served and how the resources that belong to them are being utilized and spent

It empowers the citizens and promotes democratic values and participatory governance.

Significantly, the chain of custody began with the recovery of the seized drug by the Police and included the separation of the representative sample(s) of the seized drug and their dispatch to the Narcotics Testing Laboratory

Chain of custody was pivotal and the prosecution must establish that the chain of custody was unbroken, unsuspicious, indubitable, safe and secure

Any break in the chain of custody or lapse in the control of possession of the sample would cast doubts on the safe custody and safe transmission of the samples and would impair and vitiate the conclusiveness and reliability of the report of the Government Analyst, thus, rendering it incapable of sustaining conviction.

Such testimony is vital and unless there are compelling reasons which necessitate looking for corroboration of a statement, the courts should find no difficulty to solely rely on the testimony of the victim of a sexual assault to convict the accused

However, the strict condition for this is that the same shall reflect that it is independent, unbiased and straightforward to establish the accusation against the accused and if the court finds it difficult to accept victim's version, it may seek corroboration from some evidence which lends assurance to her version.

Pedigree-table alone and by itself is not a proof of relationship unless such relationship is proved through witnesses or other independent evidence

Simple production of pedigree-table through a counsel without any corroborative evidence is not sufficient to conclude that a party was not related to the deceased.

Fair use of the process of interrogatories should be encouraged, for it would result in considerable saving of time and money and thus be beneficial to the parties of the case as well as to the administration of justice in general.

Leniency shown on part of judges of Trial Court in the matter of accommodating unjustified requests for adjournment, even at the cost of disregarding the timelines provided in the relevant laws, is unwarranted

Peremptory order of the court, which specifies a time to do a certain act in the proceedings of the case with a warning of last opportunity, must be followed by the legal consequences prescribed by the relevant law for its non-compliance

Orders granting repetitive adjournments with warnings of "last and final" and "absolute last and final" opportunity become meaningless and shatter the confidence of the litigant public in the court orders and consequentially weaken the authority and fiat of the court

Toothless court is the worst form of injustice

Radical approach is required to tackle the problem of delay in the litigation process by enforcing a court-controlled case management system, which should ensure that once a litigant has entered the litigation process, his case proceeds in accordance with a timetable as prescribed by rules of court

Rules containing time limits for doing the specified acts necessary for the progress of a case are intended to accomplish the constitutional goal of fair trial and expeditious dispensation of justice by concluding the litigation process within a reasonable timeframe

Such rules should, therefore, be observed.

Petitioner / plaintiff claimed to be owner of suit land and remained successful against predecessor-in-interest of respondents / defendants up to Board of Revenue

Trial Court decreed the suit in favour of petitioner / plaintiff but Lower Appellate Court reversed the findings of Trial Court and allowed appeal filed by respondents / defendants

Contention of petitioner / plaintiff was that Lower Appellate Court decided the matter only on the basis of report of Local Commission

Validity

Local Commission was appointed for aid of Court to arrive at a just conclusion and authenticity of report submitted by Local Commission could not lightly be ruled out especially when parties concerned failed to assail its validity by filing substantial objections convincing the Court to discard report of Local Commission

When verdicts of Courts below were at variance, preference was to be given to findings of Lower Appellate Court

To fortify its findings, Lower Appellate Court referred to specific portions of statement of the petitioner / plaintiff recorded as witness during evidence

High Court declined to interfere in judgment and decree passed by Lower Appellate Court as contention urged by petitioner / plaintiff carried no weight

Petitioner / plaintiff was at liberty to institute proceedings before appropriate forum to get demarcated the suit land

If respondents / defendants would raise any construction impeding access of petitioner / plaintiff to suit land, he was within his right to approach the forum concerned for redressal of his grievance

Revision was dismissed, in circumstances.

If safe custody of narcotics and its transmission through safe hands was not established on the record, same could not be used against the accused

Chain of custody or safe custody and safe transmission of narcotics begin with seizure of the narcotic by the Law Enforcement Officer, followed by separation of the representative samples of the seized narcotic, storage of the representative samples with the law enforcement agency and then dispatch thereof to the office of the Chemical Examiner for examination and testing

Said chain of custody must be safe and secure

Such was because the Report of Chemical Examiner enjoyed very critical and pivotal importance under the Act and the chain of custody ensured that correct representative samples reached the office of the Chemical Examiner

Any break or gap in the chain of custody i.e., in the safe custody or safe transmission of the narcotic or its representative samples made the report of the Chemical Examiner failed to justify conviction of the accused

Prosecution, therefore, was to establish that the chain of custody had remained unbroken, safe, secure and indisputable in order to be able to place reliance on the report of the Chemical Examiner

Facts of the present case revealed that the chain of custody had been compromised at more than one occasion, therefore, reliance could not be placed on the report of the Chemical Examiner to support conviction of the accused

All such factors suggested the false implication of accused in this case which could not be ruled out

Record showed that the charas was recovered from possession of accused and was kept in Malkhana but it had not been proved that it was a safe transit case

Circumstances established that the prosecution had failed to prove its case against the accused

Appeal was allowed and accused was acquitted by setting aside conviction and sentences recorded by the Trial Court.

If safe custody of narcotics and its transmission through safe hands was not established on the record, same could not be used against the accused

Chain of custody or safe custody and safe transmission of narcotics begin with seizure of the narcotic by the law enforcement officer followed by separation of the representative samples of the seized narcotic, storage of the representative samples with the law enforcement agency and then dispatch thereof to the office of the Chemical Examiner for examination and testing

Said chain of custody must be safe and secure

Such was because the Report of Chemical Examiner enjoyed very critical and pivotal importance under the Act and the chain of custody ensured that correct representative samples reached the office of the Chemical Examiner

Any break or gap in the chain of custody i.e., in the safe custody or safe transmission of the narcotic or its representative samples made the report of the Chemical Examiner failed to justify conviction of the accused

Prosecution, therefore, was to establish that the chain of custody had remained unbroken, safe, secure and indisputable in order to be able to place reliance on the report of the Chemical Examiner

Facts of the present case revealed that the chain of custody had been compromised at more than one occasion, therefore, reliance could not be placed on the report of the Chemical Examiner to support conviction of the accused

All such factors suggested the false implication of accused in the case which could not be ruled out

Record showed that the charas was recovered from possession of accused and was kept in Malkhana but incharge of the Malkhana had not been examined before the Trial Court and it had not been proved that it was a safe transit case

Circumstances established that the prosecution had failed to prove its case against the accused

Appeal was allowed and accused was acquitted by setting aside conviction and sentences recorded by the Trial Court.

Effect of non-production of documents, stated.

His date of birth, according to CNIC (Computerized National Identity Card) and salary slip, was recorded as 23-02-1959 whereas in all the other documents including Matriculation Certificate, Annual Confidential Reports, Advocacy Licence, Pleader-ship Licence, etc., the date of birth was conjointly entered as 23-03-1959

Government issued notification on the basis of his date of birth in Matriculation Certificate

Appellant filed a writ petition seeking direction to retire the respondent with effect from 23-02-2021

High Court dismissed the petition

Validity

Computerized National Identity Card (CNIC) had never been given due preference for the purpose of determination of age

Salary slip only served as a proof of salary which a person drew on monthly basis and it could not be considered a conclusive proof of date of birth, which was mentioned casually

Matriculation Certificate was the basic document from which all the other relevant documents emanated

Date of birth of respondent, in presence of contradiction between the record, had rightly been derived by the concerned quarters from the Matriculation Certificate

Appeal was partly accepted.

Representative samples of the alleged drug must be kept in safe custody and undergo safe transmission from the stage of recovery till its submission to the office of the Government analyst

Non-establishing the said facts would cast doubt and would impair and vitiate the conclusions and reliability of the report of the Government analyst, thus rendering it incapable of sustaining conviction.

Prosecution had the responsibility to prove the recovery of the contraband material from the accused, its safe custody and sending the samples for chemical analysis without undue delay to avoid any possibility of substitution

Where the recovered contraband material, including the pieces deducted for the purpose of chemical analysis were not in safe custody and transmission of the samples to the Chemical Examiner was doubtful, possibility of their tampering could not be ruled out.

Generally, when DNA profile of a sample found at the scene of crime matched with DNA profile of the suspect, it could generally be concluded that both samples had the same biological origin so, in cases where a suspect was identified, a sample of that person's DNA could be compared to evidence collected from the crime scene

Results of that comparison might help establish that the suspect committed the crime

Since DNA of every human being remained same in all areas of its body, it could not be altered or changed in any way, meaning thereby it was effectively a form of evidence, which was resilient to any form of tampering

So, such type of forensic evidence was of

By way of impugned notification establishment of new cement plants, and enlargement and expansion of existing cement plants was not allowed in the "Negative Area" falling within the Districts 'C' (Chakwal) and 'K' (Khushab)

Petitioner-company that owned and ran a cement manufacturing plant in District 'C' challenged the notification on the ground that it was not validly issued and it also infringed its various Fundamental Rights under the Constitution

Held, that the fragility of the Negative Area needed to be examined in the larger context of climate change

Environmental issues initially brought to the courts were local geographical issues, be it air pollution, urban planning, water scarcity, deforestation or noise pollution, but now climate change had a bearing on these issues

Impugned notification, in the current facts of the case, was a climate resilient measure and in step with the National Climate Change Policy, 2012 (Pakistan) and the Constitution

Petition for leave to appeal was dismissed and leave was refused.

Just after the sale of the suit lands in favour of the appellant-vendee other land was purchased in another district in the name of the plaintiff/pre­-emptor and his brother, which the vendee claimed was purchased from the consideration amount of the suit land, showing collusion between the father and son (vendee and pre-emptor respectively)

Sarbrah Lumberdar appearing as witness for the vendee stated that suit property was sold with the consultation of the plaintiff/pre-emptor with his father-vendor

Another witness of the appellant-vendee stated that the bargain was struck with the vendor and the plaintiff and the money was paid to both of them

Said important portions of these statements were not cross-examined by the plaintiff-pre-emptor, hence, deemed to have been admitted

Furthermore when plaintiff appeared as his own witness he did not utter anything regarding his superior right of pre-emption qua the appellant-vendee, which was fatal to his case as he could not get a decree without claiming so

Pre-emptor had not come to the court with clean hands

Appeal was allowed with the consequence that suit for pre-emption filed by plaintiff was dismissed with costs throughout.

Word 'shall' by the legislature brands a provision as mandatory, especially when an authority is required to do something in a particular manner.

Where the intention of the legislature was clear and the object for which law had been enacted, Courts were not allowed to interpret such a law in a manner which could impede or defeat the object for which such law had been enacted.

Petitioner contended that in the impugned notification the retirement date of the respondent/Acting Chief Justice of High Court (AJ&K) was mentioned as 22-03-2021, whereas in terms of the respondent's service pay record along with his passport and Computerized National Identity Card (CNIC), his retirement date should be 23-02-2021

Held, that according to Regln. 35-A of the Azad Kashmir Service Regulations, the date of birth mentioned in Matriculation certificate was taken into consideration for the purpose of retirement, and not the date mentioned in CNIC or salary slips

Available service record of respondent i.e. Matriculation certificate, Annual Confidential Reports (ACRs), Advocacy License, Pleader-ship License except the CNIC and salary slips, mentioned the date of birth of respondent as 23-03-1959, and thus supported the date of retirement of respondent i.e. 22-03-2021 mentioned in the impugned notification

According to the essential service record, the date of birth of respondent was 23-03-1959, which could not be subsequently changed by other documents i.e. CNIC and pay slips

Writ petition challenging the impugned notification was disposed of.

Importance of expert opinion, though, never points out the culprit but is meant to help the Investigating Officer in knowing certain circumstances; timing of ante-mortem injuries, manner and possible position of person, caused such injury etc. weapon or thing etc resulted in ante-mortem injury.

Limitation was not a mere technicality.

Affidavit of service of copies of petition; annexures and documentary evidence to the respondents under S. 144(2)(c), Elections Act, 2017, requirement of

Significance

Petitioner contested election and being dissatisfied with results assailed the same

Validity

Copy of notification whereby respondent was declared as returned candidate by Election Commission of Pakistan had not been appended with election petition

When there was a specific prayer for declaring election of returned candidate void, illegal and without any effect then annexing copy of notification was essential prerequisite

Election petition must contain affidavit of service under S. 144(2)(c) of Elections Act, 2017, to the effect that copy of petition along with copies of all annexures, including list of witnesses, affidavits and documentary evidence were sent to all respondents by registered post or courier service

Simple affidavit before Additional Registrar of High Court signed on the day of filing of petition did not fulfil requirements as laid down

Non-signing of annexures was also fatal for election petition and same could not be allowed to proceed

Constitutional petition was rejected in circumstances.

Accused was to be identified with reference to the role played by him towards the commission of offence.

Medical evidence only indicated receipt of injuries, kind of weapon used and nature of injury but it did not name the assailant.

Robust and efficient civil service system, allows for smooth governance, whereas a weak and corrupt system disables the government

Without a properly functioning civil service, even the most basic functions and workings of the government become an enormous task.

Honest and truthful declaration of assets and liabilities by a returned candidate in his nomination papers furnished a benchmark for reviewing his integrity and probity in the discharge of his duties and functions as an elected legislator

Statement of assets and liabilities of returned candidate along with other financial disclosures contemplated by S.12(2) of the Representation of the People Act, 1976 provided the Election Commission and the general public with a picture of both his wealth and income

Such disclosures were crucial for demonstrating the legitimacy and bona fides of the accrual and the accumulation of economic resources by such a candidate

Such disclosures showed the returns received from his economic activities and could indicate if these activities may be tainted with illegality, corruption or misuse of office and authority.

Robust and efficient civil service system, allows for smooth governance, whereas a weak and corrupt system disables the government

Without a properly functioning civil service, even the most basic functions and workings of the government become an enormous task.

Prosecution, though was not obliged to prove the motive in each and every case, however, once the motive was setup, it must be established.

Non-examination-in-chief or cross-examination in an inquiry was incurable and irredeemable oversight and discernible defect in the inquiry proceedings sufficient to declare entire process sham and distrustful.

Khyber Pakhtunkhwa Wildlife and Biodiversity (Protection, Preservation, Conservation and Management) Act (I of 2015), Preamble

Punjab Wildlife (Protection, Preservation, Conservation and Management) Act (II of 1974), Preamble

Sindh Wildlife Protection Ordinance (V of 1972), Preamble

Constitution of Pakistan, Arts. 9, 14, 20 & Preamble

Preservation and conservation of natural resources and species on Earth

Significance

Environmental teachings of Islam

Duties of human beings as stewards (khalifah) of the earth for the preservation and conservation of natural resources and species

Scope

Preamble to the Constitution of Pakistan reminded (us) that Almighty Allah alone was the Sovereign, and the people of Pakistan were to exercise their authority as His trustees

Holy Quran provided the concept of human beings as vicegerents or stewards i.e. khalifa-fil-ard

Stewards, as opposed to absolute owners, could not use or exploit natural resources with abandon, nor hunt a species till its status became vulnerable or extinct

If any specie for want of habitat or as a result of hunting or exploitation was endangered or became extinct the khalifah violated his/her trust

Humans alone of all of the Almighty's creation had been bestowed with the responsibility to maintain balance and not to rupture the order of nature

According to the Quran actions that destroyed, devastated or impaired "His Creation" were prohibited

If a specie were to be hunted till it became extinct or vulnerable it would impair a person's ability to lead his/her life in accordance with religion and to practice it, thus violating Art. 20 of the Constitution

Human beings had to heed to their duties as stewards of the earth for the preservation and conservation of natural resources and to take care of Allah's creatures

In neglecting the environmental teachings of Islam one ignored his duty as His stewards (khalifah) towards His creation

Quranic verses describing nature and natural phenomena numbered about 750 which was approximately one eighth of the Holy Quran

As Allah's khalifah on earth human beings had a duty to look after the earth and all living things within it

Fundamental Right to life and to live it with dignity (Arts. 9 & 14 of the Constitution) was one lived in a world that had an abundance of all species not only for the duration of one's life but available for one's progeny too

Scientific studies established that if the earth became bereft of birds, animals, insects, trees, plants, clean rivers, unpolluted air, soil it would be the precursor of (human) destruction/extinction

Order accordingly.

Concept of freedom of media was based on the premise that the widest possible dissemination of information from diverse and antagonistic sources was sine qua non to the welfare of the people

Such freedom was the foundation of a free government of a free people

Any attempt to impede, stifle or contravene such right would certainly fall foul of the freedom guaranteed under Art.19 of the Constitution.

Injured witnesses were most important witnesses of the prosecution case whose testimonies gained corroborations from each other's respective deposition

No material contradictions or discrepancies were pointed out in the evidence of injured witnesses

Deceased had no direct enmity with the accused

Deceased had been murdered only for helping the complainant during investigation of another criminal case

First information report would not loose its efficacy albeit it suffered from a lacuna

First information report could be taken into consideration with allied connecting material for pronouncing a verdict of guilt

Number of injuries on the person of deceased and injured prosecution witnesses commensurate with the number of assailants

Accused had been specifically named by the eye-witnesses

Previous enmity between the parties was an admitted fact which motivated the accused to participate in the henious offence

Accused had been connected with the commission of offence right from the stage of firing till the last bullet was fired by them

Visual account of occurrence as tendered by the eye-witnesses could not be disbelieved in circumstances

Medical evidence was in line with the ocular account

Motive had been established by the prosecution

Trial Court had rightly convicted the accused persons

Impugned judgment did not suffer from any legal defect or infirmity

Appeal was dismissed in circumstances.