Family Cases

Ser Case Law Nature Remarks

Kulla would amount to a single divorce, after its decree parties
1 2013 SD 181
can remarry without halala
2011 CLC 1836
1981 SCMR 395 Suit for dissolution of marriage can be filed through attoarney
2006 MLD 1752

Proceeding under the Muslim Family Court 1964 were not bound
PLJ 2011 LAH 404 by the provision of the Qanun-e-Shahadat. Family court could
allow all evidence to arrive at a just conclusion

Evasive denial in written statement due to lack of knowledge

PLD 2011 SC 119
amounts to admission of facts
Written statement without examination of its author has no
PLD 1972 SC 25
value
2003 MLD 976 No condition or promise can stop Khulla
 Criminal Cases

Ser Case Law Nature Remarks

Law leaned towards persons who believed in the
1 2014 SCMR 1351 rule of law and not those who took the law in
their hands

Any irregularity in the investigation by the

2 2012 SCMR 1281 investigating officer is of no help to the accused to
claim any benefit

426 Cr.PC mere fixation of appeal instead of

3 2013 PSC Crl (SC AJK) 180 disposal of petition held no valid ground to refuse
bail/suspension of sentence

No party could be allowed to lead evidencee on a

fact which had not been specifcally pleaded nor
4 2014 SCMR 2014
could evidence be looked into which was outside
the scope of pleading

Misuse of authority.. Burden of proof.. Initial

burden was on the prosecution to prove that the
5 2014 SCMR 985
accused was guilty of the offence for which he was
being charged

6 2013 PSC Crl (SC AJK) 156 In case of circumstantial evidence, there must be
a unbroken chain of links

When alternate punishment i.e. imprisonment for

life of imprisonment not less then 4 years and not
7 2006 YLR 3167 more then 10 years having been provided, lesser
sentence should be considered by the court in the
matter of bail

Supplementary Statement is a recent innovation,

2003 SCMR 1419 not recognized by law, devised by incompetent
8
2012 YLR 864 Bail granted and also relevant on supplemtary
statements

2011 SCMR 1145

2001 SCMR 424
2012 PCRLJ 91 U/Sec 227 Cr PC trail court can alter the charges at
2011 YLR 995 any stage before pronouncement of judgement at
9 PLD 2008 LAH 578
its own or on application if circumstances so
2007 YLR 2795 warrants
2005 MLD 1111
2004 YLR 1032

Judgment of division bench of one high court is

10 2010 SCMR 767 binding on single bench of same high court

11 2014 SCMR 749
12 2013 PSC Crl (SC AJK) 66
13 2013 PSC Crl (SC.Pak) 12
14 2013 PSC Crl (SC.Pak) 30
15 2013 PSC Crl (SC.Pak) 22
16 2013 PSC Crl (SC.AJK) 99
17 2014 CLC 11 (LHR)
2009 SCMR 1488
18 PLD 2013 Lah 173
2011 SCMR 1708
19 YLR 724 2012
20 PLD 2013 Isl 66
21 2013 SCMR 152
22 2013 SC 1
23 2014 SCMR 1628
Mere acquittal of some of the accused statedly
involved in the commission of crime by the trial
court by extending benefit of doubt to them,
would not demolish the case of the prosecution as
a whole against the remaining accused
Benefit of doubt at bail stage, should be given
Every transaction where a cheque is dishonoured
may not constitute an offense
Bail, statement of the co accused, implication
others, can be considered at bail stage
Mere apprehension that petitioner will not be
able to get fair trial is no ground for transfer of the
case
It is the duty of the court to apply the correct law
Courts are not relieved of its duty on account of
an act or omission of a litigant or a lawyer
489-F Bail stage
Surety for Machalka
22-A Judgement for Maintianability
High Court dismissed second bail application of
accused without raising any fresh ground
Evidence of CD and prints of calls, admissable as a
piece of corroboratory circumstances
Cheating and dishonestly inducing delivery of
property, forgoery for the purpose of cheating,
using as geniune a forged document criminal
misconduct
 Civil Cases

Ser Case Law Nature Remarks

O VI, Rule 1 pleadings evidence, Scope… Averments made in

pleadings do not constitute evidence but the evidence led
1 2014 SCMR 914 in their support must be consistent therewith, anything
stated outside the scope of averments could not be looked
into

PLD 2011 Lah 497 No court shall stay the proceedings unless stay is granted by
2
PLD 2008 Lah 57 supeprior court
Evasive denial in written statement due to lack of
3 PLD 2011 SC 119
knowledge amounts to admission of facts

Limitation is a mixed question of law and fact. Therefore,

court is under legal obligation to determine the
4 2014 AC 273 maintainability of suit whenever any objection as to
limitation is raised

Written statement without examination of its author has no

5 PLD 1972 SC 25
value

Party is bound to challenge even a void order within

stipulated /prescribed time period of limitation from theate
6 2014 PSC (SC Pak) 1062 of knowledge before the proper forum in appropriate
proceedings
 Land/Revenue Cases

Ser Case Law Nature Remarks

Shamilat land is for future requirements of the

villager i.e. school, graveyard etc. Shamilat is not
only the ownership of the current villagers but
1 12 CLC 1803
also the succession of coming generation. Sale of
such land woud deprive the future generation of
their due inheritance
 Labour

Ser Case Law Nature Remarks

Labour court has powers to grant stay or status

1 2009 PLC 298
quo order under relevant provisions of IRA
 Basic Principles

Ser Case Law Nature Remarks

Administration of justice… new plea/ground
1 PLD 2014 Lah 1 scope… plea not raised before the trial court
cannot be agitated in appeal

Courts are not relieved of its duty on account of

2014 CLC 11 (LHR)
an act or omission of a litigant or a lawyer

Interpretation of Statues
General provision in a statute cannot operate to
2014 SCMR 1268
control a specific/ special provision of the same
statue

1978 SCMR 367

What is void order and its importance. Is it
PLD 1964 SC 829
possible that a writ against void order be
PLD 1997 SC 304
dismissed
PLD 2003 SC 90