Requisites

2026 CLC 504 BOARD-OF-REVENUE-PUNJAB Judicial Precedent

S. 24-AThal Development Act (XV of 1949), S. 21(2)Speaking order, passing ofRequisites

Record revealed that the respondent in her application addressed to Deputy Commissioner prayed for correction of mutation of her predecessor-in-interest which was passed in the year 1941; later on, she filed a constitutional petition before the Lahore High Court where her request was limited to disposal of her application pending before the Deputy Commissioner for determination of right of return under slab system of her predecessor-in-interest under S.21(2) of Thal Development Act, 1949 and the order of the High Court contained no specific direction for correction of record and merely directed to dispose of the pending application of respondent through a speaking order after hearing all the concerned

But the Additional Deputy Commissioner (Revenue) did not pass a speaking order in compliance of the direction of the High Court nor heard all the concerned parties, which vitiated the impugned order with legal infirmities

Additional Commissioner (Coordination) while conceding to the fact that the matter was of determination of correct right of return of the predecessor-in-interest of the respondent accepted the appeal without seeking any possession report or hearing the concerned parties or requisitioning the record, by again passing a vague and conditional order, which did not fulfill the requirements of S.24-A of General Clauses, 1897 and was liable to be set aside

Where procedure has been provided for doing a thing in a particular manner then the same should be done in the prescribed manner or not at all

Member-Board of Revenue set-aside the impugned orders passed by the Revenue Authorities declaring the same to be without lawful authority, void ab- initio, of no legal effect; consequently, any action taken pursuant to the impugned orders in the revenue record stood annulled forthwith

Revenue Revisions were allowed accordingly.

2022 MLD 1405 KARACHI-HIGH-COURT-SINDH Judicial Precedent

Ss. 221 & 222Framing of chargeRequisites

Charge framed against the accused must contain material particulars as to time, specific offence, manner in which the offence was committed and the particulars of the accused, in order to afford him opportunity to explain the matter with which he was charged and to prepare his defence at the commencement of the trial.

2022 MLD 1405 KARACHI-HIGH-COURT-SINDH Judicial Precedent

Ss.302, 337-H(2), 114, 504 & 34Criminal Procedure Code (V of 1898), Ss. 221, 222 & 223

Qatl-i-amd, rash or negligent act to endanger human life or personal safety of others, abettor present when offence is committed, intentional insult with intent to provoke breach of peace, common intention

Appreciation of evidence

Framing of charge

Requisites

Non-specified role of accused

Effect

Accused were charged for committing murder of the brother of the complainant by firing

Record showed that there was no mention in the charge that accused, who had been sentenced to death, committed murder of the deceased

Allegations of the prosecution for the co-accused persons had also not been specified in the charge

Particulars of offence had also not been specified, thus, serious prejudice was caused to the accused in the preparation of the defence

Circumstances showed that Trial Court had framed charge in a casual manner without application of judicial mind

Two accused who had been sentenced to death, were misled in their defence by an error in the charge

Said fact would be a ground for setting aside conviction/sentence recorded against them with remand of case for re-trial after making suitable amendment in the charge

Impugned judgment was set-aside and matter was remanded to the Trial Court for framing the charge afresh in accordance with law, to record evidence and statements of accused afresh and to decide the case afresh

Appeal was disposed of accordingly.

2018 CLC 1838 KARACHI-HIGH-COURT-SINDH Judicial Precedent

GiftValid giftRequisitesDelivery of possessionOvert actScopeIn order to constitute a valid gift, there must be an offer (ijab), an acceptance (qabul) and transfer (qabza)Public depiction of ijab and qabul was not required

Pivotal requirement was the markable delivery of possession by the donor and taking of the possession by the donee.

1951 PLD 100 PRIVY-COUNCIL Judicial Precedent

Public document-Requisites

Admissibility-(Cyprus case).