Peshawar High Court NWFP — Judgments of 1980

86 reported judgments of the Peshawar High Court NWFP from 1980.

  • GUL HASSAN KHAN v. GOVERNMENT OF PAKISTAN 1980 PLD 1

    Article 45, Article 45 under the Constitution of Pakistan (1973), Article 45 under the Constitution of Pakistan (1973) and the Criminal Procedure Code (V 1898), with sections 345 (7), 401, 402, 402A a…

  • NOWROZ KHAN v. HUSSAIN GUL 1980 CLC 17

    Section 17 registration shows nothing on the record of the identity of the claimant who acknowledged the execution of the unregistered document, the document executing and the documentation of such pe…

  • SARWAR KHAN-IMRAN KHAN v. ISLAMIC REPUBLIC OF PAKISTAN 1980 PLD 20

    Article 199 The matters relating to the written jurisdiction, including the contractual obligation and the display of accounts between the parties, cannot be decided by the High Court in its writ juri…

  • AFZAL NOOR v. AKHTAR MUNIR 1980 PLD 22

    Section 115 Revision High Court jurisdiction Limitation of intervention on High Court jurisdiction Limitation of interference in jurisdiction where jurisdiction does not exist, exercise jurisdiction w…

  • ABDUL HAMID v. THE STATE 1980 PLD 25

    Section 154 First Information Report First Information Investigation Agency A stop (chit), which was allegedly written by the village lumberman, was sent to the concerned police officer of the section…

  • ABDUL KARIM v. MASHAL KHAN 1980 PLD 34

    Section 12 and Civil Procedure Code (V8 1908), section 153 and O VI, r 17 pre-emption suits on the basis of a copy of the annual record (incorrectly showing the area of 9 canals, 5 marl while such lan…

  • ABDUR RASHID v. SHAHEEN BIBI 1980 PLD 37

    In Section 5 read with Shadow Du Kabar, the claim for the Cabinet was first confirmed by Ezb \ and "Kobi" by the witness, and second by the applicant, to perform the Imam's marriage ceremonies. The co…

  • ASHIQ HUSSAIN v. STATION COMMANDER, NOWSHERA CANTT. 1980 CLC 39

    Inquiries of the nature of sections 235, 236 and 237 of natural justice, under section 235, the notice was properly presented to the applicants but in the presence of the applicant, the evidence suppo…

  • LAL KHAN v. MURID KHAN 1980 PLD 40

    In the previous annual record, section 115 amended scope transfers, which show the ownership of 12/50 shares in the disputed field but are then shown as owners of the 21/50 shares in the record, justi…

  • MUHAMMAD ALI v. ASKARI BEGUM 1980 CLC 44

    A. XXI, r 28 read with the Cantonment Rent Restriction Act (XI of 1963); the power to execute the Section 17 Tenant Implementation Order was further abolished by the court house and No entity survived…

  • FARISHTA v. FEDERATION OF PAKISTAN 1980 PLD 47

    Constitution, including Article 203A of Arts 203A-203D Martial Law (dated 5 July 1977) and Rules (Continuation in force) Order, 1977 [CMLA] s No. 21 Art 203A 203D The Chief Martial Law Administrator e…

  • HAKIM KHAN v. GOVERNMENT OF N.W.F.P. 1980 PLD 79

    The Tribal Areas (Applicable to Laws) Regulations (11 of 1974), Section 7 (2) and the General Clauses Act (X of 1897), Section 4, were read under Section 4, Section 4 of the Peace Regulation I of 1975…

  • MANZOOR ELAHI v. NORTH-WESTERN FRONTIER PROVINCE 1980 PLD 81

    Section 4 Constitution of Pakistan (1973), read with Articles 212 and N: WFP Civil Servants Act (XVIII of 1973), Retirement jurisdiction of Section 13 Civil Courts Section I, Act I of 1974, all other …

  • SHARIFULLAH v. MUMTAZ 1980 PLD 87

    Section 23 (4) and Civil Procedure Code (V8 of 1908), O VII, rr 11 and 13 Fresh Plain, Plaintiff's Offer to Offer Any, Fresh Trial in Response to an Action Due to an Order Only Can't be denied. The am…

  • MIAN JAN v. THE STATE 1980 PLD 92

    Clause 164, which includes the Evidence Act (I of 1832), Sections 24 and 26, the confession, the apparent value of the ounce of the conviction, is irrelevant because of its argument, intimidation, or …

  • SHER AFZAL KHAN v. FIDA HUSSAIN SHAH 1980 PLD 99

    Section 7 (2) and Board of Revenue Notification No. 4400 dated April 16, 1971, the Tarbela Dam vacated allotted land for pre-literacy land; According to the notification exemption from claiming exempt…

  • NOOR JEHAN v. THE STATE 1980 PLD 103

    Section 5 465 The Crazy Trial Court not only raised suspicions about the seriousness of the accused, but also to test the fact of such intelligence by examining the civil surgeon or any other medical …

  • WEST PAKISTAN PROVINCE v. ALLAH YAR 1980 PLD 105

    Section 3 (ii), 29 (2) and 31 read with notification number 2918 REB Date 20 2 1942 at the rate of water, on the whole village word `canal \ as used in the Act` water course \ Word \ Water Course \ ho…

  • SHAH IBRAHIM v. WAPDA 1980 PLD 110

    Sections 3 and 24 prove the evidence was sold by other concurrent and convincing evidence, not true…

  • SUBHAN BEG v. PAKISTAN STATE OIL CO . LTD. 1980 PLD 113

    Article 199 The mandamus writings, the requirements of the person claiming the mandamus, must have a clear legal right to the performance of the specific duty defendant must try and enforce at least i…

  • AHAD SHER v. THE STATE 1980 PLD 119

    Section 2 shall not be used in connection with any explosive substance in the explosive material, as well as with any equipment, machine, or any explosive material that may be used to cause the explos…

  • MUHAMMAD ASLAM KHAKI v. VICE-CHANCELLOR, GOMAL UNIVERSITY D.I. KHAN 1980 PLD 128

    Article 21 Power of Reading is available at a decisive step until the order has a legal effect and the order applies and in the case of such order certain rights arising in favor of the individual And…

  • MULTAN ZAREEN v. GOVERNMENT OF N.W.F.P. 1980 PLD 137

    Section 7 Words and phrases The word `tax \ and ess cess distin 'is not a separate word ess cess defined as the tax and tax levied for a particular item, and legally for taxpayers to pay for public pu…

  • KHOEDAD KHAN v. THE STATE 1980 PLD 139

    The first information report of a Section 6 376 rap was filed, on the third day of the incident, because of the reasons given by the complainant, he is not believed to be late because he could easily …

  • UMRA KHAN v. THE STATE 1980 PLD 145

    Section 498E bail is not in the custody of a person before his arrest, neither is he present in the court nor is there any case against him in the courts to be registered, nor is such person guarantee…

  • AZAD GUL v. ABDUL HANAN 1980 PLD 148

    The purpose of Section 5 435/999 is to grant high court a supervisory jurisdiction to correct misunderstandings of justice by extraordinary circumstances in the High Court intervening in the trial. Se…

  • SOHBAT KHAN v. KHANIMULLAH 1980 PLD 150

    Section 100 and 101 Second Appeals are the final results of the fact that the final testimony of the proceedings and stated work, written by the plaintiff's handwriting expert and signed as an executo…

  • MUMTAZ KHAN v. GOVERNMENT OF PAKISTANC 1980 PLD 154

    Article 204 read with the Constitution (Amendment) Order, 1979 [PO 3 of 1979], Article 203B contempt of court Although, for authorities to make compulsory legislation about compulsory legislation, Isl…

  • SIRAJUL ISLAM v. UNIVERSITY OF PESHAWAR 1980 PLD 158

    Article 199 Written jurisdiction orders passed in excess of the legal powers, whether judicial, semi-judicial or non-judicial, including those of corporations and autonomous bodies, are equally liable…

  • AMROZ KHAN v. ARBAB MOHAMMAD GHALIB 1980 PLD 163

    Section 13 Landlord and Tenant The tenant does not have to claim any negative title and the main reason for this is that he is not aware of the original landlord's payment of the rent to his son throu…

  • FAZAL HALIM v. FATEH MUHAMMAD KHAN 1980 PLD 165

    Read with the scheme prescribed under it, Para 32 ((c)) the sale of the land belonging to the compulsory provisions under which the applicant purchased the land, the matter of sale, immovable…

  • FAZLI RABBI v. KHANIMULLAH 1980 PLD 171

    Delay in Section 5 delays Ex-parte Order of Condition not conclusive Respondent does not refrain from questioning its merits [Delayed Deletion] Section 5 Cause Reason sufficient cause for a party to b…

  • ABDUL LATIF v. THE STATE 1980 PLD 177

    Article 199 Right Petition Laches Order For the first time after more than four years, the constitutional jurisdiction was postponed. Right petition, holding, victim of larceny and dismissal, under co…

  • MOHSIN RAZA v. DR. BASHIR AHMAD 1980 PCRLJ 180

    For the purposes of Sections 369 and 197 Section 369 of the Code of Criminal Procedure (CCPC), the word judgment means the decision of a full investigation and subsequent trial by both parties and, ul…

  • NOOR MUHAMMAD KHAN v. MUHAMMAD ALI KHAN 1980 PLD 180

    Article 15 (4) [as amended by the Northwestern Frontier Province Civil Restriction Ordinance (IX of 1979)] Second appeal, the right to appeal, cannot be taken except a significant right. The new Artic…

  • HAZRAT GHANI v. MAGISTRATE FIRST CLASS, TIMARGARAH 1980 PLD 183

    Section 3 (1) [as amended by the Provincially Administered Tribal Areas (Special Provisions) (Amendment) Rule (IV of 1976]], the jurisdiction of the jirga is that the offenses against the applicants a…

  • KHUDA BAKHSH v. THE STATE 1980 PLD 186

    Section 59 Read with Section Self Defense Defense Self-defense The burden of proof in the case of self-defense is capable of establishing every component of the crime through evidence, or the evidence…

  • GUL NAWAB KHAN v. THE STATE 1980 PLD 193

    Section 45 Expert Evidence Medical Evidence The doctor's evidence is generally considered to be independent and more reliable and may be preferred over ocular evidence in the case of a dispute. Howeve…

  • AYUB v. STATE 1980 PCRLJ 201

    The Proof of Act (I of 1872) was read with Section 162 of the Code of Criminal Procedure (CR PC), three hours after the FIR was filed with Section 25 police officers. Investigation into the entry of t…

  • AZIZ AHMAD v. SARDAR BEGUM 1980 PLD 204

    Article 199 Written Petition Applicant's duties, extraordinary jurisdiction of the High Court, should be stated in a factual and fair manner without suppressing any material from the court and entitle…

  • MUHAMMAD ARSHAD v. SELECTION BOARD 1980 PLD 208

    Article 199 has been ordered by administrative authority to discriminate with Article 25 in educational facilities to take steps to promote the educational interests of the backward classes such as th…

  • BIBI JANA v. DEPUTY LAND COMMISSIONER PESHAWAR 1980 PLD 213

    Article 199 and the West Pakistan Land Revenue Act (XVII of 1967), Section 137 Natural Justice, the principle of the process of challenging distribution to the applicants without notice and without an…

  • HABIBUR REHMAN ALIAS BAIBUR v. STATE 1980 PCRLJ 214

    Pakistan Penal Code Section 300; In Exception And Section 302 The burden of grave and sudden provocations accuses him of being able to control himself through severe and sudden provocations even thoug…

  • INDUS RIVER CONTRACTORS TARBELA v. AZIZ AHMAD 1980 PLD 216

    Section 6 (1) Interpretation of the Rules Maxim Quando Leaks Aliquid Committed Worst and Reward Signs Resize ipse Do not operate smoothly (Anyone who gives anything is considered a grant without which…

  • AJMAIR v. STATE 1980 PCRLJ 218

    The Evidence Act 1872 section 8 is an important value of identifying the motive; on the one hand, it commits the crime to the offender and, on the other hand, it creates suspicion in the minds of the …

  • AZIZ KHAN v. MAIZ MUHAMMAD KHAN 1980 PLD 227

    Section 100 reads with the Law Reform Ordinance (XII of 1972), Schedule 3, Item 3, and the General Clause Act (X of 1897), Section 6 Second Appeal Amendment, a significant right of appeal available to…

  • QASIM SHAH v. GOVERNMENT OF PAKISTAN 1980 PLD 239

    Article 203B declares that sharing of the queen is against the orders of Islam, while protecting the right to private property, Islam wants to distribute God's blessings in the form of wealth and worl…

  • RAHIM BAKHSH v. MUNIRA AKHTAR 1980 PLD 246

    Section 14 reads with Section 17 and Civil Code of Conduct (v. 1908), the Family Court revising the decision of the Appeal 115, although subordinate to the High Court, but its decision on the Appeal, …

  • HABIB BANK LTD., PESHAWAR v. SANGEEN KHAN ABDUL JALIL 1980 PLD 248

    Section 195, Illumination (B) sub-agent is the agent's responsibility for the principal's operations to select an agent in his case, usually using as much discretion as a person of discreet exercises.…

  • ABDULLAH KHANC v. THE STATE 1980 PLD 250

    Section 114 (g) of the witness's non-advance advance was dismissed after a prosecutor's testimony was won and other witnesses must not be examined unnecessarily, nor withhold their evidence which has …

  • AJAB KHAN v. KARIMI INDUSTRIES 1980 PLD 259

    O XVII, r 3 The plaintiff has been granted a large number of motions to present his evidence, which is set out in compliance with the orders of the trial trial judge, O XVII, r 3, CP There was no alte…

  • BOSTAN v. SAHIB SHAH ALI 1980 PLD 262

    Section 23 (5) (a) premature withdrawal, the effect of the provision of section 23 (51 (a)) was held only when the order of submission of the case by the trial court and the trial or appeal. Premature…

  • NOOR BADSHAH v. DEPUTY COMMISSIONER KOHAT 1980 PLD 265

    Section II, the Conduct Code (XLV of 1860), sections 379 and 411 are read. Stolen property is generally considered a trial by the court in whose jurisdiction such property has been acquired, received …

  • JEAN CHARLES GROOSEN v. STATE OF PAKISTAN 1980 PLD 275

    Section 3 (2) (a) enters the powers of the State of Pakistan to restrict natural justice; each sovereign state has inherent powers to restrict, enter, or mobilize its territory. The basis of any princ…

  • S.M. ZAFAR v. STANDARD BANK 1980 PLD 278

    AXXI, RR & 84 & 85 85 Affiliated cell tenant was ordered to evacuate from house to house in dispute with Holder Bank and in the name of his son and against the cantonment The amount of the bid offered…

  • RAFIULLAH v. GOVERNMENT OF N.W.F.P. 1980 PLD 281

    Article 199 Writing Procedure The Mala Fried Act, without jurisdiction, by its nature, and judicial scrutiny is not exempt Article 199 Mala forgot the evidence ounce to prove an oven, which charged th…

  • WAZIR BAT KHAN v. STATE 1980 PCRLJ 292

    Sections 225 and 537 of the Criminal Code (CRPC) charge of irregularities are alleged to have been recovered from the accused and charged with only a few weapons and ammunition and do not cite all the…

  • SHERIN TAJ v. AKBAR KHAN 1980 CLC 787

    Article 203 read with the Civil Procedure Code (v. 1908), review of sections 100 and 115 Second Appeal was taken by the lower court and neither can be inverted nor any court could come to that conclus…

  • MUMTAZ v. JEHANZEB 1980 CLC 797

    Reading the Court of First Appeal with Section 13 Civil Procedure Code (v. 1908), Sections 100 and 115, is capable of entering into questions about facts and making decisive decisions, invalidating th…

  • YAHYA JAN v. DISTRICT MAGISTRATE; PESHAWAR 1980 PCRLJ 799

    Criminal Code of Conduct (CRPC) read with Section 144/439 Constitution of Pakistan (1973), Article 144 under Article 199 Order directs the District Magistrate Applicants through CRPC to be in the publ…

  • ABDUTLAH JAN v. JAMILA BEGUM 1980 CLC 875

    A. XXI, r 90 and the Limitation Act (1X of 1908), application for late section 14 approval is not a request for contempt of delay under section 14 but a mere execution court is referred to the appella…

  • FAZALUR REHMAN v. GHULAM HABIB 1980 CLC 887

    Article 13 (3) (a) (ii) Personal requirement, even though the pure question of fact, the High Court does not qualify unless the procedure provided by law is wrongfully entered (second, second) of fact…

  • GULSHAN BAHAR BEGUM v. NORTH-WEST FRONTIER PROVINCE 1980 CLC 904

    Section 18 Compensation, any provision of an Act of 1894 or an increase under another law, empowers the court to increase the compensation paid to a party on a foreign matter, irrespective of such par…

  • ABDUL HAMID v. AHMAD HANIF 1980 PCRLJ 905

    Criminal Code of Conduct (CCPC) Sections 4 (1) (h), 10 and 12 Complaint Assistant Commissioners Appeal to Magistrate Powers and the Deputy Commissioner, Being the Principal Magistrate of the District,…

  • GUT MUHAMMAD v. ABDUL HAMID KHAN 1980 CLC 944

    Prior to the plaintiff's claim regarding the right of impeachment before Section 12, Wendy's defendants become shareholders in the suit land, the dispute over the sale is fully considered in the mutat…

  • MUBARIK DIN v. STATE 1980 PCRLJ 985

    West Pakistan Pure Food Ordinance 1960 Section 20; 2) & 19 Method Section 20; 2) And 19 Samples Intended for explaining the method of sampling and dividing it into three parts: Public Analyst Testing …

  • ATLAS KHAN v. AZAM KHAN 1980 PCRLJ 1018

    Criminal Code of Conduct (CCPC) Section 561 Approval of pending litigation to prepare evidence for a proportion of the proceedings but delaying the service of only three witnesses over a period of mor…

  • GHULARN FAROOQ v. FAZAL GHANIZ 1980 CLC 1082

    S Failure to exercise judgment in the jurisdiction under section 15 (4) of the Ordinance or a defect in the matter of competence may not be disturbed [fact finding]…

  • AZIZUR REHMAN KIYANI v. ADMINISTRATOR (CHAIRMAN), MUNICIPAL CORPORATION PESHAWAR 1980 CLC 1088

    O xxxix, r 1 injunction, temporarily grants arbitrary immunity, the High Court generally does not interfere with the modification of such jurisdiction unless it has a fair, concrete and concrete purpo…

  • WALI MUHAMMAD v. COLLECTOR, LANDS ACQUISITION, HAZARA, ABBOTTABAD 1980 CLC 1090

    Acceptance under section 31 2, Second and Section 18 Award protests (Acceptance of an award under section 18 and consent to consent in the second part of section 31 (2)) Section 31 Receipt of protest …

  • HAZRAT SHAH v. REHAN SHAH 1980 CLC 1093

    O XLT, r 20 and the Limitation Act (IX of 1908), two of the appeals due to a mistake in the appeal which was made due to the error presented to the applicants regarding the delay in the S5 appeal. Fai…

  • NOWSHERWAN KHAN v. SHER ZAMIN 1980 CLC 1096

    Section 100 Fact of fact: The first appellate court capable of entering and deciding the court, whether it is wrong to search the facts through the lower court or the second appellate court, however, …

  • MIR ALAM KHAN v. STATE 1980 PCRLJ 1150

    Sections 3, 4 and 5 of the contempt of court Act 1976, the contempt of court, the provisions of section 4 of the contempt of court Act do not distinguish between disobedience of a court order and cont…

  • MIR ZAMAN v. KHALILUR REHMAN 1980 PCRLJ 1160

    Section 9439, exercise of powers under CRPC, section 9439, section 9439 of the Criminal Procedure Code (CRPC) under CRPC, injured in the scope of trial magistrate. Only one person was examined, which …

  • BAHADUR KHAN v. GOVERNMENT OF N.W. F. P. 1980 CLC 1409

    Section Mar 66 was read with the Martial Law Order [No. 21 of the CMLA 1971 1971 1971 1971 1971]. The Administrator Promotion Municipal Committee, which has all offices and branches refusing to work d…

  • QALANDAR v. MUHAMMAD ZARIN 1980 CLC 1417

    O XLI, r 27 Appeal Additional evidence creates a legitimate opportunity for the admission of additional evidence when examining a hereditary locksmith or a defective test on record inspection, or for …

  • MALAL KHAN v. MIR HASSAN 1980 CLC 1422

    Notwithstanding the retention of all rights, interests, obligations or liabilities revoked under Section 30 Evacuee Property and Homelessness Act (XIV of 1975), section 2 (2) and (notice of 31 notice)…

  • BIBOITC SERVJCES LTD. v. GOVERNMENT OF N.W. F. P. 1980 CLC 1437

    Section 5 and Border Government Local Government Ordinance (IV 1979) read with the West Pakistan General Clauses Act (VI of 1956), notification issued under Section 23 notification number BDI / 1 13/6…

  • MIR AFZAL v. SAMIUR REHMAN 1980 CLC 1446

    Section 5 Appellant's Delay Appellant is obliged to specify a delay beyond the time allowed by law.…

  • SAID HABIB v. MATIUR REHMAN 1980 CLC 1450

    Section 27 (b) can be claimed against the party, not only the party, but also any person under the title created after the contract, except for the purpose of paying good faith and without notice. In …

  • CENTRAL GOVERNMENT OF PAKISTAN v. KHOEDAD KHAN 1980 CLC 1462

    O IX, r 8 Ex-decree, neither separating the appellant nor any competent person who receives the notice and the court acquiring and referencing the previous order on the sole evidence of the server, ho…

  • MILITARY ESTATES OFFICER HAZARA CIRCLE v. PIR KHAN 1980 CLC 1467

    Article 53 and App 54 Appeal, the right of the Central Government to exercise the same right of appeal as that which depends upon a party before the Civil Court, whereby the permission of the Governme…

  • MUHAMMAD NAEEM v. TASLEEM JAN 1980 CLC 1483

    O XLI, r 22 Appeal of a cross-objection that the party does not choose to file an appeal against the order against the party cannot be allowed to challenge the whole party through cross-objection, req…

  • MUHAMMAD ASHRAF KHAN v. REVENUE E. A. C. 1980 CLC 1504

    f The Milkfed Activities, meaning that the Malad Feed Act, by its very nature, means without jurisdiction, and it literally means that an action taken by a person for the purpose of a person for perso…

  • DEPUTY COMMISSIONER, DIR v. WALI MUHAMMAD 1980 CLC 1647

    Article Octro Occupancy Duty Recovery The position that the money is neither covered under the definition of tax nor can be claimed under the order by a local lawyer but, worst of all, breached the ag…

  • UMAR KHAN v. LAND COMMISSIONER, N. W. F. P., PESHAWAR 1980 CLC 1717

    Article 199 and Land Reform Regulations, 1972 [MLR 115], paragraph 26 (1), have the jurisdiction to determine any matter under paragraph 26, except as prescribed under the Code. Yes, no, the correct o…

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