Decision on each issue
Decision on each issue legal meaning, translation and judicial precedents.
Meaning & Judicial Interpretation: (اردو مفہوم اور قانونی تشریح)
If a judgment discusses all points raised it fulfills the requirement of law even though it may not have discussed each issue separately.
Trial Court was bound to decide each and every issue separately unless finding upon any one or more of the issues was sufficient for the decision of suit
Fraud had been alleged for preparation of power of attorney
Present suit called for full-dressed trial so that valuable rights of the parties be determined after recording evidence from both the sides
Appellate Court rightly considered the nature of dispute and remanded the case for decision on all issues in accordance with law
Revision was dismissed in circumstances.
Appeal was allowed in circumstances.
Trial Court was bound to give findings on each issue separately unless findings upon any one or more issues was sufficient for the decision of the suit
Impugned judgment and decrees passed by the Trial Court were not sustainable which were set aside
Case was remanded to the Trial Court for decision afresh
Appeal was allowed in circumstances.
Court was required to discuss the relevant evidence having direct nexus with the specific point and record reasons to justify the findings
Matters which were irrelevant or extraneous and unnecessary should neither be introduced nor could be construed while replying a specific issue
Rights of parties with regard to controversy in the suit should be conclusively determined in the judgment
Court was bound to specify findings with reasons on each issue
In the present case, findings on each issue had not been given by the court below
Said judgments were against the mandate of law which could not be declared a legal and valid "judgments"
Judgments and decrees in question were set aside and cases were remanded to the Trial Court for decision afresh in accordance with law within a specified period
Appeal was disposed of, in circumstances.
Trial Court passed decree for possession but same was set aside by the Appellate Court and decree for possession was passed in favour of defendants
Validity
Conclusion made by the Appellate Court was based on surmises and conjectures
Impugned order passed by the Appellate Court was set aside and case was remanded to the said court for decision afresh after appreciating the evidence of the parties issuewise
Appeal was accepted in circumstances.
Suit could be finally determined if sufficient evidence was available on record.
"Decision on each issue", Pakistan Law Portal, available at: https://paklawportal.com/words-terms-maxims/124953537
Precedents & Case Laws citing "Decision on each issue"
P L D 1993 Peshawar 192
GOVERNMENT OF N.‑W.F.P. and others‑‑‑Petitioners Versus FAZAL MAULA and others‑‑‑Respondents
Court:2010 S C M R 1868
MUHAMMAD IFTIKHAR — Petitioner Versus NAZAKAT ALI — Respondent
Court: Supreme Court of Pakistan2016 M L D 655
Mst. SHAMSHAD AKHTAR — Petitioner Versus MUHAMMAD ANWAR — Respondent
Court: Peshawar1998 C L C 27
KAREEM BUX‑‑‑Applicant Versus P.O. SINDH and others‑‑‑Respondents
Court: Karachi1998 M L D 176
CHIEF ADMINISTRATOR AUQAF, PUNJAB and another — Appellants Versus Mst. NAZIR FATIMA — Respondent
Court: LahoreP L D 2023 Sindh 231
MUHAMMAD RAFIQUE AGHANI — Appellant Versus MUHAMMAD ALI AGHANI and 2 others — Respondents
Court: High Court2002 M L D 707
MUHAMMAD SHARIF‑‑‑Appellant Versus Mst. ZEENAT BIBI and others‑‑‑Respondents
Court: LahoreP L D 2022 Balochistan 81
ZAINULLAH — Petitioner Versus HIZBULLAH and others — Respondents
Court: High Court1997 C L C 1334
ASADULLAH KHAN‑‑‑Appellant Versus ABDUL KARIM ‑‑‑Respondent
Court: Karachi2018 Y L R 442
HAZRAT KHAN — Appellant Versus MOHAMMAD GHULAM ABBAS — Respondent
Court: Gilgit-Baltistan Chief Court