Home Maxims & Terms Decision on each issue meaning in Urdu
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Decision on each issue

Decision on each issue legal meaning, translation and judicial precedents.

Meaning & Judicial Interpretation: (اردو مفہوم اور قانونی تشریح)

2023 MLD 1182 LAHORE-HIGH-COURT-LAHORE Judicial Precedent
O. XX, R. 5JudgmentDecision on each issuePrincipleMandate of law is to discuss all material and controverted points in judgment

If a judgment discusses all points raised it fulfills the requirement of law even though it may not have discussed each issue separately.

2019 CLC 915 KARACHI-HIGH-COURT-SINDH Judicial Precedent
O. XX, R. 5Specific Relief Act (I of 1877), Ss. 42, 54 & 39Suit for declaration, permanent injunction and cancellation of instrumentLimitationDecision on each issueScopeTrial Court dismissed the suit on the point of limitation and refrained from giving any findings on the other issuesAppellate Court remanded the matter for decision on all issues by the Trial CourtValidityTrial Court framed eight issues but passed judgment on the basis of its findings on single issueParties led their evidence in support of their respective claims but seven issues were left undecided

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.

2018 YLR 442 Gilgit-Baltistan Chief Court Judicial Precedent
O. XX, R. 5Decision on each issueScopePlaintiff had disclosed cause of action for the suitFailure of plaintiff for not disclosing the cause of action would entail rejection of plaint and not dismissal of suitTrial Court was bound to record its findings on all the issues instead of basing on any one of the issuesImpugned order was bad in the eye of lawImpugned judgment and decree were set asideCase was remanded to the Trial Court with the direction to resume the trial from the stage where it was given up

Appeal was allowed in circumstances.

2016 CLC 1931 KARACHI-HIGH-COURT-SINDH Judicial Precedent
O. XX, Rr. 5 & 1Decision on each issueJudgment when pronouncedNatural justice, principles ofApplicabilityTrial Court had not given its findings on the issues framed in the suitNothing was on record that before pronouncement of judgment arguments of the parties or their counsel were heardMandatory provisions of O.XX, Rr.5 & 1, C.P.C. had been violatedPrinciples of natural justice had been violated in the present case

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.

2015 PLD 451 KARACHI-HIGH-COURT-SINDH Judicial Precedent
O. XX, Rr. 4 & 5JudgmentDecision on each issueScopeCourt was bound to record findings on each issue by discussing evidence

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.

2015 MLD 470 HIGH-COURT-AZAD-KASHMIR Judicial Precedent
O. XX, R. 5Decision on each issue

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.

2015 CLC 1711 HIGH-COURT-AZAD-KASHMIR Judicial Precedent
O. XX, R. 5 & O. XLI, Rr. 23 & 24Decision on each issueRemand of case by Appellate CourtScopeAppellate Court was bound to discuss and resolve each and every issue in favour of either party

Suit could be finally determined if sufficient evidence was available on record.

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Precedents & Case Laws citing "Decision on each issue"

PLD 1993
Civil Revision No.370 of 1987, decided on 22nd May, 1993.

P L D 1993 Peshawar 192

GOVERNMENT OF N.‑W.F.P. and others‑‑‑Petitioners Versus FAZAL MAULA and others‑‑‑Respondents

Court:
SCMR 2010
Civil Petition No. 1195 of 2010, decided on 28th July, 2010.

2010 S C M R 1868

MUHAMMAD IFTIKHAR — Petitioner Versus NAZAKAT ALI — Respondent

Court: Supreme Court of Pakistan
MLD 2016
2015-April-22

2016 M L D 655

Mst. SHAMSHAD AKHTAR — Petitioner Versus MUHAMMAD ANWAR — Respondent

Court: Peshawar
CLC 1998
Civil Revision No.19 and Civil Miscellaneous Application No. 168 of 1997, decided on 22nd August, 1997.

1998 C L C 27

KAREEM BUX‑‑‑Applicant Versus P.O. SINDH and others‑‑‑Respondents

Court: Karachi
MLD 1998
N/A

1998 M L D 176

CHIEF ADMINISTRATOR AUQAF, PUNJAB and another — Appellants Versus Mst. NAZIR FATIMA — Respondent

Court: Lahore
PLD 2023
2023-January-26

P L D 2023 Sindh 231

MUHAMMAD RAFIQUE AGHANI — Appellant Versus MUHAMMAD ALI AGHANI and 2 others — Respondents

Court: High Court
MLD 2002
Regular Second Appeal No. 33 of 1988/BWP, heard on 19th September, 2001.

2002 M L D 707

MUHAMMAD SHARIF‑‑‑Appellant Versus Mst. ZEENAT BIBI and others‑‑‑Respondents

Court: Lahore
PLD 2022
2021-September-29

P L D 2022 Balochistan 81

ZAINULLAH — Petitioner Versus HIZBULLAH and others — Respondents

Court: High Court
CLC 1997
First Appeal No. l of 1992, decided on 12th November, 1995

1997 C L C 1334

ASADULLAH KHAN‑‑‑Appellant Versus ABDUL KARIM ‑‑‑Respondent

Court: Karachi
YLR 2018
Civil First Appeal No.50 of 2014, decided on 30th September, 2015.

2018 Y L R 442

HAZRAT KHAN — Appellant Versus MOHAMMAD GHULAM ABBAS — Respondent

Court: Gilgit-Baltistan Chief Court