Karachi High Court Sindh — Judgments of 1963

170 reported judgments of the Karachi High Court Sindh from 1963 — page 2 of 2.

  • THE STATE v. GUL SHER 1963 PLD 602

    The Pakistan Penal Code (XLV of 1860), section 411 was charged under sections 411 and 75 and sentenced to a maximum of 3 years in a stolen property attachment case involving radio spare parts. In the …

  • MEHDI HUSSAIN v. LAIQ AHMAD 1963 PLD 603

    Karachi Small Cases Courts Act 1929 Karachi Small Causes Courts Act (IV of 1929), the action to recover Section 27 rent cannot be resolved by the decision of the civil suit filed by the owner to estab…

  • ABDUL MALIK v. THE STATE 1963 PLD 606

    Sindh Excise Act 1878 Bombay Excise Act (v. 1878), Sections 3 (2), 6 and 41 of the Police Inspectorate referred to in Section 3 (2) and within the meaning of Section 41A challan under Section 6 Excise…

  • THE STATE v. MUSLIM ALI AND ANOTHER 1963 PLD 609

    Pakistan Criminal Law (Amendment) Act 1958 The Pakistan Criminal Law (Amendment) Act (XL Of 1958), Sections 2 (a), 3 and 6 (5) and the West Pakistan Administration (The Federal Territory of Karachi) O…

  • MUHAMMAD SALEH v. DEPUTY COMMISSIONER, THARPARKAR AT MIRPURKHAS AND MHEKS 1963 PLD 613

    Section 11 of Article 9 requires that the person filing a civil case must first prove that he sought and terminated all his treatment before the revenue authorities, it is not appropriate to say that …

  • GUL HASSAN AND OTHERS v. THE STATE 1963 PLD 624

    Filing a case under Pakistan Penal Code Section 194 and Criminal Procedure Code (V pf 1898), Section 476 Section 194, negative statements by the PPC court against the allegations of sufficient free ma…

  • THE STATE v. RAMZAN 1963 PLD 628

    Criminal Procedure Code (CR PC) Criminal Procedure (V9 1898), Section 421 Summary Recording of the Appellate Court's arbitrary reasons, to what extent the necessary discretion, if used properly and ju…

  • MST. ZUBEDA BAI v. SETH ADAM HAJI PEER MOHAMMED ESSAK, (SINCE DECEASED) BY HIS LEGAL REPRESENTATIVES, 1963 PLD 631

    The books of the deceased party's account in section 32 (2) and 34 of such party's written document of the Evidence Act 1872, not only under section 34 but also under section 32 (2), provide sufficien…

  • ALI DINO MIRZA, DEPUTY SUPERINTENDENT OF POLICE, DADU v. THE STATE 1963 PLD 636

    Criminal Code of Conduct (CRPC) Criminal Code of Conduct (V9 1898), Remarks in the case of neither the parties nor the witness against the person insulted by the Section 561 decision were removed.…

  • GOVERNMENT OF WEST PAKISTAN v. ABDUL MAJID AND ANOTHER 1963 PLD 653

    The Sindh Land Revenue Code (X of 1879), section 149, does not make any arrangement for fixing, fixing or establishing the relevant act, default or established, the amount due to the documents from th…

  • A. Q. Y. SHEIKH v. (1) THE COMMANDAR-IN-CHIEF (PAKISTAN NAVY, KARACHI) (2) THE CAPTAIN SUPERINTENDENT 1963 PLD 660

    Constitution of Pakistan 1956 Constitution of Pakistan (1956), Article 181 Post Defense Forms, Attached to Stores, No Class II (Non-Gazette) Civil Post Defense Attachment in the Pak Navy [Government o…

  • ABDUL KARIM v. THE STATE AND OTHERS 1963 PLD 669

    The Criminal Procedure Code (CCPC) cannot be prosecuted for prosecution and primarily disclosure of a criminal proceeding against section 196 allegations without which a court of inquiry cannot.…

  • THE STATE v. HYDER 1963 PLD 673

    Criminal Code of Conduct (CR PC) Sections 112, 117 (3) and 110 require certain class and financial status guarantees, to pay certain amount of land revenue, to live within certain geographical limits …

  • THE STATE v. GHULAM HUSSAIN AND OTHERS 1963 PLD 679

    Criminal Procedure Code (CCPC) Criminal Procedure Code (V of 1898), Order of Sections 107 and 112 guarantees requiring land class bail. Unlawful and unlawful delay (one year) of paying a certain amoun…

  • ALLAH BUX AND OTHERS v. THE STATE 1963 PLD 684

    Such conviction cannot be based on the evidence provided by the Pakistan Penal Code Sections 376 and 366 of the age of the child in support of medical testimony.…

  • MAHBOOB AHMAD v. THE STATE AND ANOTHER 1963 PLD 692

    The Pakistan Criminal Law (Amendment) Act, 1958, Section 6 (5), cannot be allowed before the government withdraws the case in response to a request for approval.…

  • MUHAMMAD AMIN AND ANOTHER v. (1) CHIEF JUDGE, SMALL CAUSES COURT, KARACHI (2) RENT CONTROLLER, KARACHI (3) MUHAMMAD SHAFI 1963 PLD 695

    The Karachi Rent Restriction Act 1953 Section 10 cannot be taken out of the jurisdiction of the tenancy case, simple and easy tax recovery, violation, or special performance of the contract or by requ…

  • THE STATE v. UMER 1963 PLD 707

    Criminal Code of Conduct (CCPC) Section 177 Criminal Case Transferred from S Judicial District to H S Judicial District in Session Court by Order of the Government, False,…

  • MST. NOOR JEHAN BEGUM v. SETTLEMENT AND REHABILITATION COMMISSIONER, KARACHI AND OTHERS 1963 PLD 709

    Homelessness (Compensation and Rehabilitation) Act, 1958 Section 2 (2), (3) The claimant who terminated the claim for transfer of property does not refrain from being a claimant so as to lose the bene…

  • S. M. HAMID ALI v. C. R. MACHADO 1963 PLD 715

    Karachi Rent Restriction Act 1953 Section 10 (1) [As amended by the Karachi Rent Restriction (Amendment) Ordinance (XLVIII of 1962)]] Except for the words, any method of eviction pursuant to this sect…

  • MOOSO v. THE STATE 1963 PLD 719

    Sections 476b, 476 and 439 of the Code of Criminal Procedure against which such a complaint is made in section 476b are discussed by appeal under section 476b under the appeal filed by the Word Compla…

  • MST. JEHAN ARA BEGUM v. (1) HAKIM MUHAMMAD ISHAQUE (2) MST. EJAZ BEGUM, (3) S. IRSHAD HUSSAIN 1963 PLD 726

    Allotment of homeless persons does not belong to the Allotment Order but to the Additional Settlement Commissioner for allotment settlement during the writ proceedings in the High Court Homeless Perso…

  • IBRAHIM AND ANOTHER v. THE STATE 1963 PLD 739

    Evidence Act 1872 The Evidence Act (I of 1872), the confessions of section 30 defendants can only be considered against someone else. Such confession cannot be the basis for conviction of other co-acc…

  • SAADAT MIAN v. THE STATE 1963 PLD 745

    The provisions of the Pakistan Panel Code O IX, rr 4, 2 & 3 and O VII, rr 11 and 13 r 4, O IX, apply only to cases dismissed under RO 2 and 3 under O IX, VI III. , R 2 is subject to treatment VII, r 1…

  • NAWAB HAJI KHAIR MUHAMMAD KHAN v. THE STATE 1963 PLD 757

    Martial Law Orders (Canceled) Order 1962 West Pakistan Land Reform Regulation (CMLA 64 64) Para 4 (3) The Chief Land Commissioner is entitled to perform the duties associated with this office, whether…

  • SHAIKH ABDUL SATTAR v. THE ADMINISTRATOR OF KARACHI AND OTHER 1963 PLD 763

    Land application of the Land Act 1947…

  • MESSRS KAYSONS v. AHMAD JUVENILE INDUSTRIES 1963 PLD 766

    Contract Act 1872 Contract Act (IX of 1872), Section 74 The parties affected by the breach of contract cannot recover the amount mentioned in the contract as compensation or authorized damages, but th…

  • PIYARO v. THE STATE 1963 PLD 771

    Pakistan Panel Code Panel Code (XLV of 1860), Sections 100, 101, 300, 302 and 304 Part 1 put aside the question of the death of the accused in favor of private defense.…

  • MST. SHAH JEHAN v. MST. MUKTI 1963 PLD 777

    West Pakistan Citizens Rent Ordinance 1959 Sections 411 and 412 to justify property `Must have current property 'Cannot justify criminal knowledge with delay of about 2 months in property production ?…

  • ABDUL GHAFOOR v. MOULVI ABDUR RAHIM AND OTHERS 1963 PLD 781

    The allegation of prejudice against the civil judge that was won by the other party was denied by the civil judge in the High Court on the petition for transfer of the civil judge. Request by the cour…

  • HAJI SATTAR-HAJI MOHAMED v. ALLAH RAKHYA DHANJI 1963 PLD 786

    Contract Act 1872 Section 55 Even though the time of the essence of the contract is the time of the non-commercial contract, the contract must be signed in order to balance the buyer's money for the s…

  • MRS. P. L. SITLANI AND ANOTHER v. THE KARACHI DEVELOPMENT AUTHORITY 1963 PLD 797

    Constitution Pakistan 1956 Article 70 The notice of intent to ban the use of human dwelling premises should allow the party to object and the personal hearing should be presented before a judicial nat…

  • MESSRS VALIKA TEXTILE MILLS LTD. v. MESSRS. SH. MIAN MAHOMED ALLAH BAKHSH 1963 PLD 813

    Arbitration (factory selection contract) was done under O / Bye Law 39 11 instead of Byte Law 39 1, by the Pakistan Cotton Association Party, at the request of the other party, in accordance with Bye …

  • MST. HAJIANI AND OTHERS v. WEST PAKISTAN LAND COMMISSION, LAHORE AND OTHERS 1963 PLD 819

    Martial Law Regulation 1959 No. 64 West Pakistan Land Reform Regulation, 1959 (CMALA 64), paragraph 15 and paragraph 27 read with special authority of the Land Commission to decide whether the land Wh…

  • TAJ DIN v. ABDUR REHMAN 1963 PLD 825

    Sections 16, 17 and 19 agree to sell the document to the party but refuse to pay consideration. Ones lies that his failure to acknowledge the Concession Party's signature on the document is justified,…

  • THE STATE v. MST. BEGUM AND ANOTHER 1963 PLD 831

    Criminal Code of Conduct (CCPC) Section 205 Personal Attendance Cases The defendant was later transferred to another magistrate on administrative grounds, transfer magistrate not entitled to immunity …

  • PUBLIC PROSECUTOR (ANTI-CORRUPTION), KARACHI v. CH. MUHAMMAD HAFIZ 1963 PLD 833

    Section 6 (s) and 10 (4) of the Government of Pakistan Criminal Law (Amendment) Act, 1958, delegation of approval of the prosecution by the delegation does not include the authority to withdraw the pr…

  • WAHID BUX v. THE STATE 1963 PLD 837

    The Criminal Code of Conduct (CCPC) sessions court found the evidence in section 288 to be false when the commanding magistrate deemed it necessary to cooperate with section 288 before relying on this…

  • BULAN v. RAHIMAN 1963 PLD 839

    Guardians and Wards Act 1890 Section 25 (1) A father is applying for a return from custody of his minor child to his mother's custody. Restored custody. illegal…

  • HAJI UMER v. ABDUL SATTAR-ARMED BHAI 1963 PLD 839

    CPC Discovery and Inspection Civil Procedure Code Order XI (V of 1908), A XI, RR12 and 14 of RR12 and 14 of each other for the preparation of application under RS12 under Article 12 It does not have t…

  • SYED NUSRAT ALI v. MESSRS U. K. CONSTRUCTION CO. AND ANOTHER 1963 PLD 841

    Beneficiaries of Sections 1 and 2 of the Deadly Accident Act 1855; spouse parents and young children living jointly with the beneficiaries are not entitled to estimate damages in respect of individual…

  • ABDUL SAMAD v. THE STATE 1963 PLD 853

    Sections 3 (7A), 6 (2) and 6A (2) of the Security of Pakistan Act 1952 were read with the Preventive Detention Rules Amendment Act (IV of 1962), Section 5 preventing the detention of a person already …

  • ATTA MUHAMMAD AND OTHERS v. THE STATE 1963 PLD 857

    Pakistan Penal Code Sections 100 and 300, Explanation 2 Self-defense has been accused of being surrounded by armed men belonging to a dangerous tribe and having serious injuries. To the accused…

  • HARJINA & Co. (PAK.) LTD., KARACHI v. COMMISSIONER OF INCOME TAX, (CENTRAL) KARACHI 1963 PTD 867

    Appeal to High Court for approval of Income Tax Act 1922 Section 66A (2) Fat Certificate The right of appeal for leave to appeal in the Supreme Court has been revoked or not granted under the Constitu…

  • R. C. P. GUIGNARD v. THE STATE AND ANOTHER 1963 PLD 868

    Criminal Procedure Code (CR PC) Section 561 Procedure A corrupt criminal case is solely based on contractual responsibility The best forum of a civil court to resolve disputes unless circumstances imp…

  • THE STATE v. QAMARUDDIN ALIAS KAMOO 1963 PLD 873

    Components of Pakistan Penal Code Sections 361 and 363: Carrying or committing adultery under the age of 14 if male and female under 16; out of custody; and without the consent of legal guardian, Sect…

  • SYED GHULAM ALI SHAH AND ANOTHER v. THE STATE 1963 PLD 881

    Criminal Code of Conduct (CCPC) Sections 497 and 498 Before pre-arrest, powers under section 498 of the High Court are not brought under the provisions of section 497 or the denial of bail depends on …

  • SIRAJUDDIN v. MUHAMMAD SHARIF 1963 PLD 883

    Rule Civil Code 1908 Section 149 Words have the meaning at any stage of proceedings at any stage and terminate the proceedings with the approval of the decree at any time and the extension of time und…

  • MST. HURBAI v. USMAN 1963 PLD 888

    Guardians and Wards Act 1890 Section 25 Petition for the rehabilitation of juvenile detainees The court as the guardian of the juvenile will not be able to approve the petition as well as dispose of t…

  • K. M. MUNEER v. MIRZA RASHID AHMAD 1963 PLD 905

    Stamp Act 1899 Sections 35 and 12 required stamps on the device, but not every stamp was canceled on the basis of a device…

  • BENGAL OIL MILLS LTD. v. DEPUTY REGISTRAR OF TRADE MARKS, KARACHI 1963 PLD 920

    Section 3 (3) of the Trademark Act 1940 reads with section 29 [as amended by the Homeless Persons (Compensation and Rehabilitation) (Amendment) Ordinance (1 of 1959) and the Homeless Persons (Compensa…

  • RIAZ HUSSAIN SHAH v. (1) MRS. ANWARI BEGUM, (2) S. M. ZAKIR (3) NAWAB HUSSAIN 1963 PLD 927

    Under Homelessness (Compensation and Rehabilitation) Act 8, 8, applicants for the transfer of Para 1 house cannot benefit from the possession of the husband in the presence of other applicants to clai…

  • DR. COWAS C. MEHTA v. ADDITIONAL SETTLEMENT AND REHABILITATION COMMISSIONER AND OTHERS 1963 PLD 938

    Section 3 (3) of the Homeless Persons (Compensation and Rehabilitation) Act 1958 read with section 29 [as amended by the Homeless Persons (Compensation and Rehabilitation) (Amendment Ordinance (1 of 1…

  • FATEHYAB KHAN AND OTHERS v. MST. AMTUL HAFEEZ AND OTHERS 1963 PLD 953

    Section 2 (6) of the Homeless Persons (Compensation and Rehabilitation) Act, 1958, includes the Construction Occupancy Allotment in England. In the possession of the house the possession of his mother…

  • HAJI GHULAM MUSTAFA v. ALLAH BUX 1963 PLD 960

    The execution was acknowledged through execution, but the allegation that the receipt was obtained under coercive and unlawful influence and that no such effect was accepted and did not depend on non-…

  • HAJI HAMZO PANHWAR v. MUHAMMAD IBRAHIM AND ANOTHER 1963 PLD 962

    Stamp Act 1899 Sections 2CL (23), (22) and (5) ce Invoice \, `Bond \ and` Promise note Compulsory component of receipt: Confirmation of receipt of article in question instrument certified by witnesses…

  • HOOSAIN BUX AND OTHERS v. DUR MUHAMMAD AND OTHERS 1963 PLD 969

    Civil Procedure Code Order II, r 2 of the CPC Frame of Suite A II for the specific performance of the contract to sell the suit, based on the same contract, the second suit for possession, whether pro…

  • BILAL AHMAD MALIK v. (1) SECRETARY, MINISTRY OF COMMERCE, GOVERNMENT OF PAKISTAN, RAWALPINDI (2) STATE BANK OF PAKISTAN 1963 PLD 981

    The scheme, which has been formulated by the government, has no legal force but the roots of the powers are those which are given to the responsible officers of the state by law and the activities and…

  • ABDUL WAHID v. ABDUL GHANI AND OTHERS 1963 PLD 990

    Civil Code 1908 Section 47 of the Code of Conduct on the granting of some rights to both parties, the matters relating to the implementation of such consent and the execution of such matters should be…

  • HARJINA & CO. (PAK.) LTD., KARACHI v. COMMISSIONER OF INCOME-TAX, (CENTRAL) KARACHI 1963 PLD 996

    Petition in the High Court for grant of a Certificate of Fitness Certificate, Section 66A (2) of the Income Tax Act 1922, the right to seek leave to appeal in the Supreme Court was revoked or not by t…

  • MUHAMMAD NAKIFO AND OTHERS v. COMMISSIONER, KHAIRPUR DIVISION AND ANOTHER 1963 PLD 1001

    Frontier Crimes Regulation 1901 Section 11 and West Pakistan Criminal Law (Amendment) Act (VII of 1963), Section 34 Commissioner directs the Deputy Commissioner before 1949 63, pending the meeting, un…

  • MST. NOOR NABI v. SULTAN SHAH 1963 PLD 1004

    Criminal Code of Conduct (CRPC) Section 197 Election available to a civil servant who can reasonably claim that he did what he has done, to the best of his ability, each case will be decided on its ow…

  • MESSRS MERCANTILE OVERSEAS CORPORATION v. KAMALUDDIN AHMED KHAN AND OTHERS 1963 PLD 1009

    Failure to give valid address after the first service of the notice Posting of the notice by the registered post to the voters is considered as a suitable service. (1962), Article Constitution of Paki…

  • RAZA MUHAMMAD AND OTHERS v. THE STATE 1963 PLD 1010

    The stolen property must be current in order to justify the Pakistan Penal Code sections 411 and 412. A delay of approximately 2 months in the production of property does not prove a crime. To be the …

  • MEHAR BUX v. PAKISTAN AND OTHERS 1963 PLD 1015

    Section 167 (8), 167 (81) and 177 of the Customs Act, 1878, took action against a person entitled to a hearing in the Customs Order of the Customs and sentenced him without hearing any person, the Ord…

  • MESSRS MERCANTILE OVERSEAS CORPORATION v. KAMALUDDIN AHMED KHAN AND OTHERS 1963 PLD 1016

    Pre-Hearing Applicant Runs Out of Court with Knowledge of Hearing History There is no scope for the separation of the Ex parte Order Civil Procedure Code (V of 1908), O IX r 13…

  • H. H. S. FELDMAN v. PROVINCE OF EAST BENGAL 1963 PLD 1022

    Limitation Act 1908 Section 3 Enjoinment order has been fixed in appeal Appeal to the revocation of occupation of Punjab Tenancy Act (XVI of 1887), section 50 shall be issued in any year before 15th N…

  • WADERO ILLAHI BUX v. NAZIR HUSSAIN 1963 PLD 1029

    Rule Civil Code 1908 Section 100 The question of fact cannot be interfered with in the decision of the lower appellate court only in the case of a change of opinion between the trial court and the fir…

  • HAJI ALI BAKHSH v. MST. BHAGUL 1963 PLD 1030

    Guardians and Wards Act 1890 Section 25 Muslim women custody of parents for losing their mother due to remarriage of minor mothers, if the other relationship does not qualify better than the mother, t…

  • CHANDOO v. THE STATE 1963 PLD 1034

    Pakistan Penal Code Section 84 Evidence of illegal mentality on the accused accused of insanity…

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