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Legal Terms | قانونی اصطلاحات

Explore judicial definitions, legal maxims, and expressions cited in Pakistani case law.

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2000 PLD 262 LAHORE-HIGH-COURT-LAHORE: A communi observantia non est recedendum A communi observantia non est ' recedendum" — Meaning and applicability — Where a thing was provided to be done in a particular manner it had to be done in that manner and if not so done same would not be lawful, other m...
2012 CLD 1762 COMPETITION COMMISSION OF PAKISTAN: Ss. 4, 5 & 9 — Prohibited agreement — Association of Banks — ATM Service — Individual exemption — Criteria for individual and block exemption — Term 'prohibited agreement', was applied to a wide range of practices, whereby competitions co-ordinate a...

Abadi

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1959 PLD 54 WEST-PAKISTAN-BOARD-OF-REVENUE: Abadi Building site allotted and sale deed registered — Allotment cannot be reversed.
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1980 CLC 427 LAHORE-HIGH-COURT-LAHORE: — S. 19 read with Abadkari Scheme-Value of property deposited before agreement to sell executed-Held, no bar to transfer property either under S. 19 or under terms and conditions of allotment.
1996 CLC 254 SUPREME-COURT-AZAD-KASHMIR: Abandonment — Plea of — Abandonment of rights to property — Competent forum rejecting such plea — Order of -Authority when based on convincing and cogent reasons could not be said to be violative of law or without any foundation — Custodian, however, could p...
1978 SCMR 319 SUPREME-COURT: — Ss. 423 & 561-A-Abandonment of appeal — Appellant expressing his wish not to prosecute appeal and seeking permission to withdraw from case-Appellant allowed to withdraw but, nevertheless Court itself proceeded with hearing of appeal — Appellant, held, had no right to...
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Abatement

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2026 MLD 110 HIGH-COURT-AZAD-KASHMIR: S. 27 & O. I, Rr. 3, 9, 10 — Suit filed when one of the defendants already dead — Legal heirs of such deceased defendant, impleading of — Scope — Abatement — Scope — Plaintiff instituted suit against number of defendants; later, he filed application for impleadi...
2024 PLD 1119 SUPREME-COURT: S. 431 — Death of convict (appellant) — Abatement of appeal — Scope — Under the law, a criminal appeal abates on the death of an appellant, but section 431, Cr.P.C. provides an exception to this general rule — It provides that an appeal against a sentence of the fine sha...
2016 CLC 1233 KARACHI-HIGH-COURT-SINDH: O. XXII, R. 1 — Death of a party — Abatement of suit — Scope — Death of plaintiff or defendant would not abate the suit if right to sue survived. 2013 CLC 331 KARACHI-HIGH-COURT-SINDH: O. XXII, R. 2, O. IX R. 9 & O.VII, R.26 — Suit was dismissed for non-pros...
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Abdication

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Abduction

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2025 SCMR 699 SUPREME-COURT: Ss. 365-B, 376 & 496-B — Forcible abduction, forcible intercourse/rape and fornication — Reappraisal of evidence — Abduction — Proof — Punishment for fornication (Zina with consent) qua alleged abductee as a consenting party — Principle — Accused persons were convicted a...
2020 PLD 491 KARACHI-HIGH-COURT-SINDH: Ss. 364-A & 376 — Criminal Procedure Code (V of 1898), Chaps.XIV, XV, [Ss.154-199-B], Ss.190 & 193 — Abduction and rape — Appreciation of evidence — Summoning of accused — Benefit of doubt — Accused was not nominated in FIR and the one who was duly nominated wa...
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2011 YLR 2426 KARACHI-HIGH-COURT-SINDH: S. 497(2) — Penal Code (XLV of 1860), Ss.365 & 392 — Abduction and robbery — Bail, grant of — Further inquiry — In the F.I.R. two allegations, one with regard to abduction of wife of complainant and other with regard to the robbery were made, however, the F.I....
2025 SCMR 880 SUPREME-COURT: S. 365-A — Anti-Terrorism Act (XXVII of 1997), S. 7(e) — Qanun-e-Shahadat (10 of 1984), Art. 129, illustration (g) — Abduction for ransom — Re-appraisal of evidence — Payment of ransom — Proof — Description and denominations of currency notes — Withholding of evidence — ...

Abetment

term
2025 PLD 510 SUPREME-COURT: Ss. 302(b) & 34 — Qatl-i-amd and abetment — Re-appraisal of evidence — Abetment — Proof — Principal accused murdered his wife by setting her on fire and he was sentenced to death — Accused was alleged to have abetted the principal accused in committing murder of his wife ...
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2009 SCMR 1210 SUPREME-COURT: S. 497 — Bail — Abetment or instigation — Where evidence with regard to the allegation of abetment or instigation is lacking, the concession of bail can be extended in favour of accused.
2023 PLC(CS)N 40 SUPREME-COURT-AZAD-KASHMIR: Abolition of post — Scope — Appellant assailed withdrawal of his appointment before the High Court through a constitutional petition, which was dismissed — Validity — Record revealed that the appellant was duly appointed; that during pendency of writ peti...
2012 PLD 681 SUPREME-COURT: Arts. 218, 213 & 222 — Election Commission/Chief Election Commissioner — Abridgment of powers — Effect — Majlis-e-Shoora could promulgate law to regulate the electoral laws, but any law which had the effect of abridging any of the powers of the Commissioner or the Commiss...
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2025 PCrLJ 1839 LAHORE-HIGH-COURT-LAHORE: S. 497 — Penal Code (XLV of 1860), Ss. 324, 337 F(iii) & 34 — Attempt to commit qatl-i-amd, common intention — Post-arrest bail, refusal of — Sufficient incriminating material, availability of — Abscondance — Scope — Allegation against the petitioner/ accuse...
2024 MLD 7 PESHAWAR-HIGH-COURT: S. 497 — Penal Code (XLV of 1860), Ss. 302, 427, 148, 149 & 109 — Qatl-i-amd, mischief causing damage to the amount of fifty rupees, rioting armed with deadly weapon, unlawful assembly, abetment — Bail, refusal of — Rule of consistency — Abscondance of accused — Inhum...
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2013 PCrLJ 487 LAHORE-HIGH-COURT-LAHORE: Ss. 497/498 — Bail — Abscondance of the accused — Scope — Bail could not be withheld on the ground that the accused remained fugitive from the law, if otherwise he became entitled for the concession of bail.
2026 PCrLJ 802 PESHAWAR-HIGH-COURT: Abscondence — Scope — Abscondence alone is not a proof of guilt of an accused person. 2025 YLR 2270 LAHORE-HIGH-COURT-LAHORE: Abscondence — Scope — Abscondence of an accused can be used as a corroborative piece of evidence, which cannot be read in isolation but ...
2025 SCMR 318 SUPREME-COURT: S. 497 — Constitution of Pakistan, Art. 185(3) — Bail — Abscondence of accused — Mere abscondence of an accused by itself is no ground to refuse bail to him if otherwise he is entitled to the said relief on merits. 2025 YLR 451 LAHORE-HIGH-COURT-LAHORE: Abscondence of...
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Absconder

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2024 PLD 688 SUPREME-COURT: S. 62(9) — Elections for seat of National Assembly/Provincial Assembly — Nomination papers — Absconder — Fugitive from law — Proclaimed offender — Eligibility to contest elections — Disadvantage, if any, for being a proclaimed offender ordinarily relates only to the case ...

Absconding

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1965 PLD 656 LAHORE-HIGH-COURT-LAHORE: — S. 8, illus. (i) — Absconding-Accused remaining a fugitive after commission of murder — Significant factor in proof of crime. 1964 PLD 67 PESHAWAR-HIGH-COURT: Absconding Mere absconding of accused- Conviction cannot be based on. 1964 PLD 1 PESHAWAR-HIGH-...
2020 PCrLJ 612 PESHAWAR-HIGH-COURT: S. 302(b) — Qatl-i-amd — Appreciation of evidence — Prompt FIR — Absconding accused — Complainant lodged FIR against accused for committing qatl-i-amd of his father — Five empties of .30 bore were retrieved from the place of occurrence — Case being that of a singl...
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2023 MLD 1568 LAHORE-HIGH-COURT-LAHORE: S. 302(b) — Qatl-i-amd — Appreciation of evidence — Benefit of doubt — Absconding of accused — Prosecution sent 15 persons to face trial on the charge of murder — Trial Court acquitted 7 persons of the charge while 8 were convicted out of which 6 were sentenc...
2022 SCMR 547 SUPREME-COURT: S. 497 — Bail — Abscondment of accused — Effect — Mere absconsion cannot be a ground to discard the relief sought for as it is established principle of law that disappearance of a person after the occurrence is natural if he is involved in a murder case, rightly or wrong...

Absconsion

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2026 SCMR 47 SUPREME-COURT: Absconsion — Scope — When a person is named as a murderer in a case, whether rightly or wrongly, he usually becomes scared and tries to conceal himself in order to avoid possible police torture and detention, therefore, mere abscondence of an accused by itself is not suff...
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2026 SCMR 257 SUPREME-COURT: Ss. 302(b), 324, 147, 148 & 34 — Qatl-i-amd, attempt to commit qatl-i-amd, rioting, rioting armed with deadly weapons, common intention — Reappraisal of evidence — Absconsion of accused — Scope — Allegation against the accused-petitioner was that he along with his co-acc...
2022 MLD 403 KARACHI-HIGH-COURT-SINDH: Ss. 498 & 498-A — Pre-arrest bail — Absence of accused — Scope — Accused who is released on interim pre-arrest bail must attend the court on each and every date — Presence of accused is required throughout the proceedings of the pre-arrest bail application and ...
2020 PCrLJN 60 Gilgit-Baltistan Chief Court: Ss. 302 & 109 — Qatl-i-amd — Appreciation of evidence — Abetment — Absence of direct evidence — Scope — Accused was alleged to have been the main mischief monger, who played a decisive role in the murder — Accused was tried under S. 109, P.P.C. for which ...
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2013 PCrLJ 274 KARACHI-HIGH-COURT-SINDH: S. 514 — Forfeiture of surety bond — Absence of mitigating circumstances — Effect — Accused was granted bail — Applicant stood surety for the accused — Accused absented himself from date of hearing — Bond executed by surety was forfeited in its entirety and n...
2025 SCMR 2028 SUPREME-COURT: S. 302(b) — Criminal Procedure Code (V of 1898), S. 154 — Qatl-i-amd — Re-appraisal of evidence — Un-explained delay in registration of FIR — Absence of motive — Delay in dispatching crime empties to Forensic Science Laboratory — Recovery from public place — Benefit of ...

Absondance

term
2013 PCrLJ 562 LAHORE-HIGH-COURT-LAHORE: Ss. 497 & 498 — Bail — Absondance — Effect — Absondance alone cannot be made a ground for refusal of bail to accused, if he otherwise proves that his case falls within the mischief of further inquiry into his guilt.
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2022 PLC(CS) 73 ISLAMABAD: Deputation — Absorption of deputationist — Scope — Absorption is not vested right of an employee and the employer has right as well as authority to terminate the deputation period or repatriate the employee back to his/her parent department. 2021 PLC(CS) 163 SUPREME-COUR...
2014 PTD 1899 CUSTOMS-APPELLATE-TRIBUNAL-KARACHI: Absurdity of provision — Court can supply construction with a view to avoiding absurdity.
1989 PLD 166 SUPREME-COURT: An order which is based or, reason of fact which do not exist must be held to be infected with an abuse of power.
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2023 CLD 429 COMPETITION COMMISSION OF PAKISTAN: Ss. 3 & 2(k) — Abuse of dominant position — Relevant market — Scope — Complainants (Internet Service Providers) alleged that the respondent (Electricity Supply Company) was in a dominant position in the relevant market for "right of way for aerial cab...
2013 CLC 1279 ELECTION-TRIBUNAL-SINDH: S. 14(3)(5) — Constitution of Pakistan, Arts. 62(1)(f), 63 & 199 — Provincial Assembly, election of — Academic disqualification — Respondent was alleged to have submitted fake degrees in previous election of local bodies and general election — Acceptance of res...
2015 PLD 401 SUPREME-COURT: Utilization of such doctrines/theories by courts for deciding Constitutional and legal issues — Caution to be exercised by courts — Court must exercise caution against unthoughtful utilization of purely academic theories while adjudicating upon practical issues, particula...
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2012 SCMR 1841 SUPREME-COURT-OF-INDIA: Academic matters — Interference by court — Scope — Court should be extremely reluctant to substitute its own views as to what is wise, prudent and proper in relation to academic matters in preference to those formulated by professional men possessing technical ...
2014 PLC(CS) 413 LAHORE-HIGH-COURT-LAHORE: Arts. 25 & 199 — Constitutional petition — Advertised post, eligibility for — Discrimination — Academic qualification — Provisional certificates of education — Petitioner applied for advertised post of school educator — After clearing the recruitment proces...
2020 MLD 551 KARACHI-HIGH-COURT-SINDH: S. 63 — Appeal against scrutiny order — Acceptance of nomination papers — Scope — Appellant filed appeal against the order of Returning Officer whereby nomination papers of respondent were accepted — Validity — Nomination Form contained details of properties ow...
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2015 PLC(CS) 663 SERVICE-TRIBUNAL-BALOCHISTAN: S. 4 — Balochistan Civil Pension Rules, 1989, R.3.5(ii) — Request for premature retirement — Acceptance of request — Application for withdrawal of the request — Employee, serving as Police constable, on completion of his 25 years of qualifying service, ...
2024 SCMR 775 SUPREME-COURT: Arts. 17(2), 19, 62 & 63 — Elections Act (XXXIII of 2017), S. 62 — Elections — Right to vote for a candidate of one's choice — Scope — Interpretation of elections laws in favour of enfranchisement rather than disenfranchisement — Nomination papers for elections — Accepta...
2017 CLC 105 ISLAMABAD: S. 4-K — Access Promotion Contribution — Suspension of notification — Effect — Petitioners assailed clarifications dated 15-6-2015 and 22-6-2015 and demand notices issued by authorities on the basis of such clarifications — Order/notification in question was suspended for t...
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2017 SCMR 1887 SUPREME-COURT-OF-UK: Effectiveness, principle of — Scope — Effective judicial protection, principle of — Scope — Imposition of fees for access to (employment) tribunals and appeal tribunal — Whether such fees breached 'principle of effectiveness' and the 'principle of effective judici...
2014 PLD 186 QUETTA-HIGH-COURT-BALOCHISTAN: Arts. 8, 22(3), 25 (1), 37(c) & 199 — Constitutional petition — Educational institution — Allocation of seats-Technical, professional and higher education — Accessibility on merit — Petitioners assailed letter No. S. O-I(I-1)1/15/2011/4219-26, dated 25-2-1...