2022 S C M R 1360
2022 S C M R 1360 Cross examination , right of --- Scope --- Right of cross - examination struck down by Trial Court due to non - appearance of counsel on several dates of hearing --- Constitutionality --- Fundamental right of fair trial which the Constitution guarantees is violated if
2022 CLC 404 S.12(2)---Constitution of Pakistan, Art.10 A---Decree on basis of compromise---Application of petitioner for setting aside decree on basis of fraud was dismissed by appellate/decreeing Court without framing issues/recording evidence---Power of attorney on behalf of petitioner/applicant was available on record---Petitioner's contention that he never appointed the attorney as counsel nor
PLD 2021 Lahore 533
Limitation--- ----Where an order/judgment was challenged through different appeals or petitions and if anyone out of those was brought within time, while the others were preferred beyond specified period, then all those matters ought to be decided on merit especially when an order in one appeal or petition would apply
2022 MLD 488Headman (Lumbardar), appointment of---Hereditary claim---Substitution of findings---Respondent was appointed as headman (Lumbardar) after death of his real uncle---Validity---Number of factors existed which were relevant for appointment of a headman---Hereditary claim of candidates was one of those factors according to which 30 marks were awarded to a candidate falling
2022 SCMR 326
2022 SCMR 326 S. 497---Constitution of Pakistan, Art. 185(3)---Subsequent/second Bail petition, filing of---Fresh grounds---Scope---Accused can maintain a subsequent Bail petition, at post-arrest stage, only on the strength of a fresh ground, accrued after dismissal of his first plea (for Bail )---Ground earlier available but abandoned cannot be received as a fresh
2022 CLC 513
2022 CLC 513 O.XXXIX, Rr. 1 & 2---Qanun-e-Shahadat (10 of 1984), Arts. 117 & 118---Gift deed---Allegation of forgery---Suit for declaration, cancellation, partition, mesne profit and permanent injunction---Application for temporary injunction was rejected by Trial Court---Appeal was dismissed---Held, that question of limitation being a mixed question of fact and law would be
2022 CLC 433
2022 CLC 433Ss.2 & 54---Punjab Land Revenue Act (XVII of 1967), S.42---Punjab Land Revenue Rules, 1968, R.34---Suit for declaration andinjunction---Oral Gift ---Proof---Suit was filed by respondent/ plaintiff assailed mutation of Gift made in favour of petitioners/ defendants on the plea of fraud---Trial Court dismissed the suit filed but Lower Appellate
2022 SCMR 592
2022 SCMR 592 S. 489 -F--- Civil Procedure Code (V of 1908), O. XXXVII---Section 489 -F of P.P.C---Purpose---Prima facie S. 489 -F of P.P.C. is not a provision which is intended by the Legislature to be used for recovery of an alleged amount; it is only to determine the guilt of
2021 CLC 1841
دادا کن حالات میں پوتے پوتیوں کا خرچہ ناں و نفقہ ادا کرنے کا پابند ھےWhether a grandfather is obliged to pay maintenance to his grandchildren if the father is unable to do so.……………….The grandfather is obligated to provide for maintenance of grandchildren if he is in easy circumstances and
2022 CLC 433
2022 CLC 433The law stipulates three essential requirements for transaction of a valid gift in one sitting. It is also settled law that any transaction of the land/property through gift which is alleged to have been made by practicing fraud and misrepresentation, the burden to prove its authenticity and validity