Peshawar High Court NWFP — Judgments of 1964

45 reported judgments of the Peshawar High Court NWFP from 1964.

• HAKIM GUL v. THE STATE 1964 PLD 1

  The testimony of the witnesses to Section 288 of the Code of Criminal Procedure (CCPC) is a serious contradiction between such a statement of the transfer of the session file to the court, and the con…

• SADDA v. THE STATE 1964 PLD 8

  Under the Frontier Crimes Regulation 1901 Sections 15 and 50, Section 15 (2), there is no action required by the Sessions Judge in complying with the order of withdrawal from the prosecution approved …

• MUHAMMAD GUL v. K. B. MIAN FEROZE SHAH 1964 PLD 11

  West Pakistan Citizens Rent Ordinance 1959 Section 13 (2) (vi) Word / Reconstruction means the landlord can apply to direct the possession of the building for reconstruction: house for reconstruction.…

• GHULAM FARID AND ANOTHER v. THE STATE 1964 PLD 12

  The Pakistan Penal Code Sections 100, 300, 302 and Exception 4 to Section 300 can result in sudden fighting, sudden conflict, which resulted in the death of a party claiming the right to defend: (Faiz…

• ALIF GUL v. THE STATE 1964 PLD 45

  Under section 23 (2), the West Pakistan Pure Food Ordinance is read with section 23.…

• MUHAMMAD ZAMAN v. COLLECTOR OF HAZARA DISTRICT AND OTHERS 1964 PLD 47

  Electro Bodies (Disqualified) Order 1959 Article S (D) The offense affecting the recorded sentence was disqualified before the execution of the order…

• GHULAM QADIR v. HAZRAT SHAH 1964 PLD 50

  The West Pakistan Citizens Rental Ordinance 1959, section 13 (6) and 15 section 13 (6), at the discretion of the Controller at the time of the application of the controller's discretion, shall not be …

• THE STATE v. GHULAM QADIR AND 2 OTHERS 1964 PLD 53

  Under section 307/34, proceedings pursuant to section 213 read sections 207 and 215, PPC committed it shortly thereafter, and allegedly, under section 302/34, PPC factual proceedings, Not connected or…

• YAQEEN SHAH v. HAJI PEER SHER BADSHAH AND ANOTHER 1964 PLD 57

  CPC X Rule of Order and Order Implementation Order XXI, r 29 A [Judicial Commissioner adopted by the NWFP] Interpretation of the rule The court's discretion in the trial under R63, O XXI, CPC implemen…

• MUHAMMAD ISHAQ v. FARMAN SHAH AND ANOTHER 1964 PLD 58

  Criminal Code of Conduct (CCPC) Section 497 Bail in a non-bailable criminal court, except in the case of the litigants, can only extend the bail in the absence of a preliminary fax case against him. M…

• NISAR HUSSAIN v. THE STATE 1964 PLD 59

  Criminal Code of Conduct (CR PC) Section 288 and Evidence Act (I of 1872), Section 145 The statement of the witness must confront the witness before the court can move the session file, as part of suc…

• ABDUR RAZIQ v. THE STATE 1964 PLD 67

  Section 32 of the Evidence Act 1872 can be admissible based on the set of facts set forth by the facts which result in more than just one rule, which results in the defendant's acceptance, the decease…

• DOST MUHAMMAD v. MST. SULTANA BIBI 1964 PLD 94

  Two separate notices are not considered in the provisions of sections 30 (l) (b) and 30 (3) (i) of the Homeless Persons (Compensation and Rehabilitation) Act, 1958. And the second is to ask for a rent…

• ABDUL LATIF KHAN v. NAWAB ALI AND OTHERS 1964 PLD 97

  The original CPC Code of Conduct appeals to the original interpretation of the XLI. X, r 33 Benefit, the provisions granted to avoid only contradictory and contradictory decisions may be requested to …

• SYED TOGHAN SHAH v. SHAH MUHAMMAD MADANI ABBAS 1964 PLD 101

  The West Pakistan Citizens Rental Ordinance 1959, Article 13 (6), means deliberately determined and not one that is subject to inevitable rent control which is bound to decide whether under section 13…

• WAHID-UD-DIN KHAN v. DEPUTY COMMISSIONER, KOHAT 1964 PLD 104

  Basic Democratic Order 1959 Article 25 (2) (c) Rules of the West Pakistan Local Councils (resignation and removal of members), read with 1960 RR 4 and 6, proceedings set by RR 4 and 6 Reason is requir…

• SHUJA-UL-MULK v. FIRM ABDUL GHAFOOR-ABDUL QADIM 1964 PLD 110

  Civil Procedure Code Order XXX CPC suits established against firms and individuals or against persons carrying on business in names other than their own name O XXX, r 1, O VI, r 17 & OI, r 10 suits Ha…

• MST. SHAHZADI ASFIA SULTANA BEGUM v. THE CHIEF SETTLEMENT & REHABILITATION COMMISSIONER, LAHORE AND FOUR OTHERS 1964 PLD 114

  The terms of the IDPs (Compensation and Rehabilitation) Act, 1958 were used for Para 16, prohibited role property was rented at Rs 500 per month in 1946, resulting in re-evaluation of property over SC…

• FAZAL KARIM & BROS. v. CHIEF SETTLEMENT AND REHABILITATION COMMISSIONER AND OTHERS 1964 PLD 129

  The Homeless Persons (Compensation and Rehabilitation) Act, 1958 read with Section 31 Section 9 and Schedule, Para 16 16 to accept the upper auction bid given by the Auction Committee to the Additiona…

• SIKANDAR SHAH AND ANOTHER v. MST. BIBI FATIMA 1964 PLD 140

  NWFP Pre-Emission Act 1950 Section 5 (c) Word Resident Person claiming residence in AZ must prove, through strong evidence, that he relinquished his original residence in Z in order to take advantage …

• MUHAMMAD ISHAQ AND ANOTHER v. THE STATE 1964 PLD 143

  Playa, although the accused did not raise them, was charged by the prosecution seeking cooperation with the circumstantial conditions, entitled the Defendant's Penal Code (XLV of 1860), sections 96, 1…

• BEHRAM KHAN v. KHAWAS 1964 PLD 154

  Limitations Act 1908 Arts 144 and 148 Mortgage Partner Mortgages All redemption of mortgaged property is held by the charge holder under another section mortgage under Article 144 and not 148 such pla…

• NAWABZADA MUHAMMAD UMAR KHAN v. MUHAMMAD ASIF AND OTHERS 1964 PLD 157

  The Special Relief Act 1877 Section 9 Object Order or the order passed in the case under the section finals is not open for final appeal or review The High Court may have the revised Civil Procedure C…

• JAMSHER AND OTHERS v. ABDUL JALIL AND OTHERS 1964 PLD 159

  The Border Courts Provincial Rules 1931 Section 34, read with the ordinance of the West Pakistan Civil Courts (III of 1962) before the implementation of the Ordinance, the review filed before the morn…

• WALI MUHAMMAD v. GENERAL MANAGER, ELECTRICITY, WAPDA, LAHORE AND OTHERS 1964 PLD 167

  Article (98 (?)) expressly acts in relation to the affairs of the province, the fact that the duties of such person or authority are limited to economic development and, at this time, of irrelevant au…

• MUHAMMAD BAKHSH AND OTHERS v. WEST PAKISTAN PROVINCE AND ANOTHER 1964 PLD 173

  The West Pakistan Goats (Ban) Ordinance 1959 Section 3 Reserve Forest prohibits grazing of goats, in the reasonable and public interest, not violating the fundamental rights contained in section 13, C…

• ASSISTANT DIRECTOR OF CUSTOMS v. MUHAMMAD AFZAL KHAN 1964 PLD 178

  While admitting offenses under Section 167, C Customs Act, 1878, the Magistrate does not have the authority to release a vehicle carrying the prohibited goods to the Registrar 523; To be captured. Not…

• MUHAMMAD SHAFI v. FIRM HAJI FAZAL ILAHI NOOR ILAHI AND OTHERS 1964 PLD 182

  Civil Procedure Code Order XXX CPC suits against firms and individuals conducting business in names or in addition to their own O XXX, r 1 and section 96, 100 and 115 suits against the firm amending o…

• MUHAMMAD GUL AND OTHERS v. MST. GUL MARJAN AND OTHERS 1964 PLD 187

  Limitation Act 1908 Section 12 (2) To obtain a copy of the decree, the time of the expression required for the copy shall be excluded and the day on which the copy must be obtained, the time required …

• SAID MUNIR AND ANOTHER v. THE STATE 1964 PLD 194

  Transferring the former statement of witnesses under Section 288 of the Evidence Act (I of 1872), Section 145 with Section 288 of the Code of Criminal Procedure (CCPC), the powers conferred under sect…

• GHULAM HUSSAIN AND 6 OTHERS v. (1) MUNICIPAL COMMITTEE, PESHAWAR AND (2) GOVERNMENT OF WEST PAKISTAN 1964 PLD 209

  Civil Code 1908 Section 115 Revision Trial Court, where it should be, not exercising discretion; In favor of the applicant, the trial court's order, if allowed to stand, is bound to result in great di…

• RAHIMULLAH KHAN v. HAYAUDDIN AND 4 OTHERS 1964 PLD 210

  Decision to jointly investigate crimes read with Sections 235 and 239 (d) Sections 148, 302 and 307 of Sections 149, 302 and 307 of the Criminal Code (PPC) and the Arms Act (under the XI). Sections no…

• HABIBULLAH KHAN v. (1) THE STATE AND (2) THE DEPUTY COMMISSIONER, BANNU 1964 PLD 212

  Scheduled offense under section 5 and section 409 of the Pakistan Criminal Law (Amendment) Act, 1958, the trial judge specially heard by the special judge, the Tinder Frontier Crimes Regulation, 1901 …

• SABIR KHAN v. (1) THE STATE AND (2) THE DISTRICT MAGISTRATE, MARDAN 1964 PLD 217

  Sections 435 and 528 (2) of the Code of Criminal Procedure (CRPC), whether the district magistrate may seek a pending criminal case file, which allows the trial judge to decide the case for section 3,…

• MST. ZAMRUT v. ABDUL WAHID 1964 PLD 224

  Limitation Act 1908 Covering fraud by limitation through a sale transaction…

• MUQARRAB KHAN v. MUHAMMAD ANWAR KHAN AND 10 OTHERS 1964 PLD 228

  West Pakistan Civil Courts Ordinance 1962 Section 18 Appeal Forum of Suite Valuation Act (VII VII of 1 887), Section 3…

• ALIF GUL v. THE STATE AND 4 OTHERS 1964 PLD 238

  The Homeless Persons (Compensation and Rehabilitation) Act 1958 reads with section 31 section 9 and schedule, paragraph 16. The option to accept or decline a higher bid, or to accept the most used bid…

• MUNICIPALITY, PESHAWAR v. SAYED ABDULLAH SHAH 1964 PLD 243

  The two appeals cannot be included in section 100 of the Civil Procedure Code (v. 1908) if the two courts are in fact compatible.…

• MUSALI AND ANOTHER v. MST. AULIA BEGUM AND TWO OTHERS 1964 PLD 247

  CPC Orders and Rules of Order Order XXI, r 35 do not jointly hold property after the borrower and the former owner of the judgment are transferred. The order for possession was brought more than twelv…

• JAMSHED AHMAD KHAN v. AURANGZEB KHAN AND 47 OTHERS 1964 PLD 250

  Constitution Pakistan 1962 Article 58 Articles 250 and Constitution Pakistan (1956), Article 158 read with rules (Continuation in the Army) Order (1 of 1958) Case decided by the High Court before the …

• THE STATE v. SHER MUHAMMAD 1964 PLD 267

  The magistrate, who executed Rules 226 and 227 of the Criminal Procedure under Section 307, Additional Sessions Judge of the PPC Sessions Court, affirmed the clause that there was a preliminary case u…

• MUHAMMAD ALI v. THE STATE 1964 PLD 270

  Sections 11 and 20 of the Frontier Crimes Regulation 1901 were read in accordance with the Code of Criminal Procedure (V9 1898); a 5-bail bond for a Magistrate to appear before the Magistrate Is not e…

• MST. ALMAS BEGUM AND OTHERS v. HAJI PIR BAKHSH AND ANOTHER 1964 PLD 278

  West Pakistan Citizens Rental Ordinance 1959 Section 13 (3) (a) (ii) Rules must be observed in relation to the requirement for the use or use of any of your male children. The "need" for the event can…

• MST. ASMAT ARA BEGUM v. MST. HAJIRA BIBI AND ANOTHER 1964 PLD 283

  Evidence Act 1872 Objection object for division 44 Whether on the basis of fraud under Section 44, the parties or the BF may question the preliminary injunction in a separate action case.…

• MUHAMMAD AYUB v. THE STATE 1964 PLD 288

  The burden of proof on the person taking such a Deed of Act (1872), Sections 11, 103 and 106…

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