Peshawar High Court NWFP — Judgments of 1997
181 reported judgments of the Peshawar High Court NWFP from 1997 — page 2 of 2.
- MUHAMMAD AMIN v. THE STATE 1997 PCRLJ 960
After examining and deliberating the section 302/34, the FIR was registered and the eyewitnesses related to the deceased had improved the case by separating from the FIR and were registered in the pol…
- MUHAMMAD IJAZ v. SHER SHAH 1997 MLD 969
Criminal Code of Conduct (CCPC) Section 497 (5) Criminal Code (XLV of 1860), Section 328/377 Crimes of Adultery (Enforcement Hood) Ordinance (VII 1979), Victim boy accused of canceling Section 12 bail…
- ABDULLAH JAN KHAN v. SAIFUR REHMAN KHAN 1997 PCRLJ 973
Pakistan Penal Code Sections 447/290 Criminal Procedure Code (V9 1898), Sections 417 (2) And 249 A complainant did not produce any documentary evidence in support of his claim that he was possessed an…
- MUHAMMAD AMIR v. MEMBER, BOARD OF REVENUE, PUNJAB, LAHORE 1997 MLD 978
Criminal Code of Conduct (CR PC) Section 497 (2) Conduct Rule (XLV of 1860), Section 324/353/411/34 West Pakistan Arms Ordinance (XX of 1965), Section 13 of the Explosives Act (XI of 1908) , Section 5…
- SADDIQA SHAHEEN v. STATE 1997 MLD 993
Criminal Code of Conduct (CRPC) Section 497 of the Criminal Procedure (XLV of 1860), Section 320 guarantees, approval to follow FIRs and statements of prosecution witnesses listed under Section 161, C…
- RUKHSANA v. GUL NARGES 1997 PLC(CS) 1002
Arts 199 and 212 (2) Constitutional Petition Civil Service Post and Transfer of Government Employees In the constitutional jurisdiction of the High Court under Article 212, Constitution of Pakistan, s…
- STATE v. SHAHZAD WALI 1997 PCRLJ 1020
Criminal Procedure Code (CCPC) Section 497 (2) Contempt Code (XLV of 1860), Section 324/34 Guarantee, on the defendant's grant, by the complainant in direct daylight shooting There was a direct charge…
- MUHAMMAD TAJ ALIAS KALA v. THE STATE 1997 PCRLJ 1043
The scene of the presence of Pakistan Penal Code Sections 302, 324 and 57 Criminal Code (V9 1898), clause 35 must have been well-lit to see the performance of the dancing girls, the declaration of dyi…
- MUSLIM COMMERCIAL BANK LTD. v. ADAMJEE PAPER AND BOARD MILLS LIMITED 1997 CLC 1046
Banking Companies (Debt Recovery) Ordinance 1979 Section 2 (f) (ii), 3, 11 and 12 Limitation Act (IX of 1908), Sections 22, 3, 29 and Article 156 Civil Procedure Code (VV 1908), O XLI , Appeal under S…
- MUHAMMAD DIN v. GOVERNMENT OF N.-W.F.P. 1997 PLC(CS) 1086
Constitution of Pakistan 1973 Article 199 Constitutional application Civil service appointment was made on the retirement of the father of a post-employee employee The civil servant was strongly recom…
- SABREEN BIBI v. GHULAM MAQSOOD 1997 PCRLJ 1090
Criminal Code of Conduct (CRPC) Section 497 Criminal Procedure (XLV of 1860), Section 302/324/34 Guarantee, the grant of eye witnesses did not designate the accused as an attacker in his statements un…
- GHANI-UR-REHMAN v. HAIDER ALI SHAH 1997 CLC 1092
Representation of the Public Act 1976, Section 39 (6) (b) and 103A Constitution of Pakistan (1973), Article 199 Constitutional Application Election Commission issues directions for re-counting of vote…
- KHUDA BAKHSH v. PEER MUHAMMAD KHAN 1997 CLC 1114
Sections 13 and 35 (3) of the NWFP Pre-Emission Act 1987 extended the Northwest Frontier Province Pre-Impression Act (XIV of 1950), Section 12 Civil Procedure Code (VV 1908), Section 96 North-West Fro…
- ABDUR REHMAN KHAN v. RETURNING OFFICER 1997 CLC 1123
The Returning Officer, while accepting the request for re-counting of the entire ballot papers cast in the constituency of the Provincial Assembly from Articles 39 (6) and 103 (b) of the Constitution …
- MUHAMMAD AYAZ v. GHULAM MUSTAFA 1997 MLD 1148
Pakistan Penal Code Sections 447/34 and 427/34 Criminal Code of Conduct (v. 1898), section 417 (2) appealed against the independent accused by independent evidence of the prosecution, proving that the…
- AKMAL v. THE STATE 1997 MLD 1152
Section 497 Crimes of Adultery (Enforcement Hodg) Ordinance (VII of 1979), Sections 5/10 Sentences (XLV of 1860), Sections 328/109 Guarantees, Statements of female co-accused in the grant of evidence …
- MASHAL KHAN v. GOVERNMENT OF N.-W.F.P. 1997 PLC(CS) 1155
Constitution of Pakistan 1973 Article 199 Constitutional Application Civil Services Maintenance Contract Employees Contract Employer could not file a constitutional application in support of a complai…
- ARDESHIR COWASJEE v. GOVERNMENT OF SINDH 1997 MLD 1219
Criminal Code of Conduct (CR PC) Section 154 Constitution of Pakistan (1973), Article 199 Constitution Petitioner Police raided their house against policemen, defamed their family members and their go…
- AMIR KHAN v. MUHAMMAD IQBAL 1997 MLD 1226
Criminal Code of Conduct (CR PC) Section 497 (5) Contempt of Code (XLV of 1860), Section 302/34 Delay of Guarantee The filing of an FIR was not material in view of the distance involved and was known.…
- BARAT ALI v. STATE 1997 MLD 1228
The definition of Pakistan Penal Code Section 295C should be considered whatever is in favor of the accused and if it has any benefit, it should be extended not as a matter of grace but as a matter of…
- ALI SHAH v. REHMAT KHAN 1997 MLD 1236
West Pakistan Maintenance of Public Order Ordinance 1960 Section 3 (1) Constitution of Pakistan (1973), Article 199 The legality of the constitution restraining orders was the only 14 cases under whic…
- ZAHID AKHTAR v. STATE 1997 MLD 1238
Section 497 Explosive Substances Act (XI of 1908), Section 5 West Pakistan Arms Ordinance (XX of 1965), Section 13/13 A Prohibition Code (XLV of 1860), Section 120 Bail, Grant of Inclusion of the accu…
- MASOOD-UR-REHMAN v. STATE 1997 MLD 1245
Definition of Section 2 ???2 (b) and evidencereation evidence Each of the accused was entitled to treat all the accused equally, without having to prove the evidence, did not cause to be convicted in …
- AKMAL v. STATE 1997 MLD 1257
Criminal Code of Conduct (CRPC) Section 497 Offense Hood (Enforcement Hood) Ordinance (VII of 1979), Section 5/10 Conduct Code (XLV of 1860), Section 328/109 Bail, against the accused in the bail phas…
- ABDUR RAHIM v. STATE 1997 PCrLJ 1274
Criminal Code of Conduct (CR PC) Sections 164, 364 (3) and 537 Panel Code (XLV of 1860), 5 302 demanding a memorandum with the confessional statement of the accused as required by section 364 (3), CRP…
- PREMIER PAPER MILLS LTD. v. N.-W.F.P. TEXTBOOK BOARD 1997 CLC 1288
Constitution of Pakistan 1973 Article X199 Constitutional Request Form 199 (1) (a) (i) A person praying for the issuance of a writ of mandamus must have the express legal right to perform it. Responde…
- MUHAMMAD MAHROOF v. MAHANOORI 1997 CLC 1291
Section 21 of the West Pakistan Family Courts Act (XXXV of 466464), Schedule and Schedule and Section ?? Constitution Constitution of Pakistan (1973), Article 199 Constitutional application for jurisd…
- BAHISHTI KHAN v. THE STATE 1997 PCRLJ 1316
Appreciate the Section 13 evidence of the West Pakistan Arms Ordinance 1965 Recovery Memoir of Recovery Without License Klashenkov proved on record by his author and a minor witness who, although a po…
- JAMSHID v. THE STATE 1997 PCRLJ 1328
Section 302 Criminal Code of Conduct (v. 1898), Section 464/465 Accused Exempt as Madness The accused confessed to being free and voluntary after convicting the accused under his charge and guilty und…
- NASRULLAH v. STATE 1997 MLD 1430
Criminal Code of Criminal Code (v. 1898), Sections 2309/4 (v. 1898), Sections 169, 173, 193 and 561A, were released by the police after investigation under Section 169, CRPC. The matter was radically …
- MUHAMMAD NAEEM v. MUHAMMAD ISMAIL 1997 PCRLJ 1446
Testimonies of the Pakistan Penal Code Sections 302 and 307 were neither examined by the witnesses nor by the trial court on separate affirmation, but the separate court recorded the evidence in both …
- MUHAMMAD ASHFAQ v. ALLAH YAR 1997 PCRLJ 1453
The delay in filing the FIR was not explained by the Pakistan Penal Code Section 302/34 evidence; the death sentence by the victim in a critical condition was not considered as not on the board, howev…
- SHAHBAZ SHAH v. STATE 1997 MLD 1612
West Pakistan Maintenance of Public Order Ordinance 1960 Section 3 (1) Constitution of Pakistan (1973), Arts 199 and 13 Criminal Procedure Code (v. 1898), Section 403 Constitution Petition Only conten…
- MUHAMMAD SALEEM v. STATE 1997 MLD 1619
The Pakistan Penal Code Section 497 Panel Code (XLV of 1860), Section 324/34 Ali Sessions Court's bail plea denied the bail of the accused, ignoring the certificate issued by the District Officer, Fro…
- PROVINCE OF PUNJAB v. ABDUL BARI, ADVOCATE 1997 MLD 1672
Pakistan Penal Code Sections 447/34 Criminal Code of Conduct (V9 1898), sections 200, 403 and 561 A 40 of 403 within the meaning of order to object to the danger of double jeopardy, CCP's accuracy was…
- KHALIF DAD v. MUHAMMAD GUL 1997 CLC 1684
CPC Parties Civil Procedure Code Order I Suite OI, R 10 The non-joining claimant of the required party raised the preliminary objection in his written statement about not joining the required party an…
- IFTIKHAR HUSSAIN GILANI v. ANWAR KAMAL KHAN 1997 CLC 1724
Sections 43, 44, 45, 34 35 and 36 of the Senate (Election) Act 1975 were read with notification number F (7) / 85 of the Chief Election Commissioner, dated 16.3 1985 (l) 6 / 85 According to the Electi…
- MUSTAQEEM v. THE STATE 1997 PCRLJ 1732
Sections 498 and 561 of the Code of Criminal Procedure (CRPC), a condition imposed on the accused for depositing cash for release on bail, exclude such condition, leaving the accused on bail. Was inst…
- KHALIL-UR-REHMAN v. IQBAL ZAFAR JHAGRA 1997 CLC 1743
Members of the Parliament and the Provincial Assembly (Elections) Order 1977 Article 5 (1) Senate (Election) Act (LI of 1975), Section 34 Constitution of Pakistan (1973), Article 63 (L) (P) Disqualifi…
- HAZRAT KHAN v. N. KHALID KHAN 1997 CLC 1765
The suit relied on the plaintiff's treasurer to pay a substantial sum of money to the plaintiff's treasurer, who was neither his legal lawyer / agent nor any contract between the plaintiff and the pla…
- PAKISTAN RAILWAYS v. MALIK DIN 1997 CLC 1785
The Railways filed an appeal without delay of 44 days in section 5 of the Limitation Act, 1908, explaining the delay of each day, saying that the Railway Department deserves special flexibility, it ha…
- WILAYAT SHAH v. DISTRICT JUDGE, KOHAT 1997 CLC 1796
West Pakistan Citizens Rent Ordinance 1959 Section 13 Homeownership Needs Individual, A Retired Government Officer Nearly 70/72 years old, Landlord was given notice of eviction shortly after his dismi…
- REHMANIA HOSPITAL v. GOVERNMENT OF PAKISTAN 1997 PTD 1805
Income Tax Ordinance 1979 Section 59 Self Assessment Scheme (1994 95), paragraph 4 (ii) (as amended) Constitution of Pakistan (1973), Article 199 Constitutional Application Assessment of Selection Val…
- KHALID MEHMOOD v. BANKING TRIBUNAL, N.-W.F.P., PESHAWAR 1997 CLC 1812
Article 199 Office of Delegate Ombudsman (Ombudsman) Order (1 of 1983), Arts 29 and 37 Banking Tribunals Ordinance (LVIII of 1984), Section 9 Constitution Petition Applicant issued notice to start a b…
- ZARDAR KHAN v. MUHAMMAD AYAZ KHAN 1997 CLC 1825
The Civil Procedure Code of CPC Adjustments Order XVII and XVII, XVII, RC 2 and Rules 2 and 3, XCI, Order XVII of Rule 2 shall apply, where the court is the same as the date of the trial. Was postpone…
- ZAFAR ALI KHAN v. GOVERNMENT OF PAKISTAN 1997 PTD 1829
Income Tax Ordinance 1979 Section 65 Constitution of Pakistan (1973), Article 199 Maintaining Additional Assessment Constitution Petition Do not take advantage of the remedies available under the Affi…
- BANARAS KHAN v. YASMEEN BEGUM 1997 MLD 1830
In exchange for the bride, Mohammedan La Gift is used as a gift in the document as a receiving word \ Tamalek for claiming part of the house to claim part of the house. But there is no limit by law to…
- AHMAD YAR CHOHAN v. FEDERAL PUBLIC SERVICE COMMISSION 1997 MLD 1832
Civil Code 1908 Section 114 and AXLVII, R1 High Court reviewing the decision of the High Court went into the depth of the evidence and requests of the parties, which shows the contents of the decision…
- REHMANIA HOSPITAL v. GOVERNMENT OF PAKISTAN 1997 PTD 1845
Income Tax Ordinance 1979 Section 59 Self Assessment Scheme, 1992 93, Para 4 (ii) Constitution of Pakistan (1973 R, Article 199 Constitutional Care Retirement of the treatment available under the rele…
- UMAR FAROOQ SHAH v. SHAGUFTA NASREEN 1997 CLC 1846
Articles 384 and 388 of the Succession Act 1925 and 388 and 388 of the Succession Act 1925 did not agree with each other in connection with the appeal when a subordinate certificate was not approved /…
- KHYBER PLASTIC AND POLYMER INDUSTRIES (PVT.) LTD. v. GOVERNMENT OF PAKISTAN (MINISTRY OF FINANCE) 1997 PTD 1872
Acquire all goods manufactured or manufactured by industries established in a specific industrial estate under the Sales Tax Act 1990S, 3 (4) Sales Tax Act (III of 1951), Section 7 Constitution of Pak…
- MUHAMMAD UMAR GUL v. IKRAM ULLAH KHAN 1997 MLD 1917
Limitation Act 1908 Article 181 Civil Procedure Code (v. 1908), SS 48 and 115 The limitation period within which an application can be filed is set as a starting point for the limitation period under …
- SHABBIR AHMAD v. STATE 1997 PCRLJ 1920
Pakistan Panel Code Sections 302, 306, 307 and 308 value the evidence in response to the allegations and circumstantial evidence in the form of blood-stained articles, including weapons of crime follo…
- AMANULLAH v. THE STATE 1997 PCRLJ 1927
Sections 514 and 439 of the Code of Criminal Procedure (CRPC) Ordinance (VI of 1979), Section 14 of the Criminal Procedure Code (XLV of 1860), section 379/411 application for the forfeiture of bonds T…
- HABIBUR REHMAN v. THE STATE 1997 PCRLJ 1930
Section 302 Criminal Code of Conduct (V9 1898), Section 265 E & 265 F Oths Act (X of 1873), Section 5 the accused did not plead guilty to the allegations leveled against them, the court acquitted the …
- SARFRAZ KHAN v. THE STATE 1997 PCRLJ 1937
Pakistan Penal Code Sections 324, 427 and 311 Criminal Procedure Code (V9 1898), Section 439 Definitions of Evidence Supported from Accounting Account Recovery, Chemical Examiner's Report, Medico Lega…
- HAJI ABDUR RAFIQUE v. INAYATULLAH 1997 PCRLJ 1946
Criminal Code of Conduct (CRPC) Section 497 (5) of the Conduct Rule (XLV of 1860), Section 302/148/149 Guarantee, the cancellation of the bail is given to the sole accused that they are empty handed, …
- ZAIB ULLAH v. SULTAN SIKANDAR ALIAS WAZIR KHAN 1997 PCRLJ 1951
Criminal Code of Criminal Procedure (CR PC) Section 497 (5), Criminal Procedure (XLV of 1860), Section 302/324/148/149 West Pakistan Arms Ordinance (XX of 1965), Section 13 Bail, Released on bail in s…
- SAKHI ZAMAN v. STATE 1997 PCRLJ 1957
Criminal Code of Conduct (CR PC) Section 497 (5) Contempt of Rule (XLV of 1860), Section 302/34 Bail FIR was charged with the presence of direct daylight in the FIR. There was no enmity between the pa…
- NASRULLAH KHAN v. BAS KHANDANA 1997 MLD 2071
Section 497 of the Prevention Code (XLV of 1860), Section 302/324/404/34 was directly charged with the accuser of bail, which was supported by fact, as well as evidence of the circumstances available …
- KHAN ZAMAN v. STATE 1997 MLD 2073
Section 497 (2) Offense Hood (Enforcement Hood) Ordinance (VII VI of 1979), Section 11/13/14 Guarantee, grant of the role assigned to the accused, with the role assigned to the co-accused, which is al…
- NASEER-UD-DIN QURESHI v. MEMBER, BOARD OF REVENUE 1997 MLD 2171
Allotment of Landless Settlements (Land Settlement) Act, 1958 Section 10 and 11, later cancellation of the original allotment of land in dispute, sold the land to the applicants who were the claimants…
- FARID GUL v. GUL MAST 1997 MLD 2180
CPC Discharges and Adjustment of Suits AC XXIII, Civil Procedure Code Order XXIII of R3, So3 Plaintiffs' Agreement Required that the settlement of the dispute be settled between the village elders. Sh…
- MUHAMMAD KHAN v. HAYAT KHAN 1997 MLD 2182
Specific Relief Act 1877 Section 42 Civil Procedure Code (v. 1908), Declaration of Amendment jurisdiction of section 115, practice of suit for declaration filed by the plaintiffs / applicants gives th…
- ADIL POLYPROPYLENE PRODUCTS LIMITED v. FEDERATION OF PAKISTAN 1997 MLD 2189
Central Excise and Salt Rules 1944 R96ZZL Constitution of Pakistan (1973), Article 199 Wires of R96ZZL, Central Excise Rules 1944 challenged in constitutional petitions challenging the application of …
- TAJ WALI KHAN v. NOOR AFZAL 1997 MLD 2266
Criminal Code of Conduct (CR PC) Section 497 (5) of the Conduct Rule (XLV of 1860), the charge of cancellation of section 365 bail was not designated in the FIR when it was recovered, even after its r…
- FIDA MUHAMMAD v. STATE 1997 MLD 2275
Criminal Code of Conduct (CRPC) Section 497 Prohibition (Enforcement) Order (4 of 1979), Arts 3 and 4 bail was investigated by the complaining police officer, which was limited to the recovery of hero…
- MUHAMMAD PARWAIZ v. STATE 1997 MLD 2276
Criminal Code of Conduct (CRPC) Section 497 Crimes of Adultery (Enforcement Hood) Ordinance (VII of 1979), Section 5/10/11/16 bail, convicted with kidnapping without confession. Intentionally sexually…
- AKBAR ZAMAN v. STATE 1997 MLD 2280
Criminal Code of Conduct (CRPC) Section 497 of the Criminal Procedure (XLV of 1860), Section 302/34 bail, was a direct indictment of the sanction of a case against the accused, which was the testimony…
- MUHAMMAD AYUB v. STATION HOUSE OFFICER, POLICE STATION LORA 1997 MLD 2294
Criminal Code of Criminal Procedure (CRPC) Articles 55/110 and 561 out of the processing records showed no evidence of a case being registered against the accused since 1980 while the complaint was re…
- TILLA MUHAMMAD v. MUHAMMAD JAN 1997 MLD 2363
The CPC trial court set aside the ex parte order by the trial court on the request under Code of Civil Procedure 1908 Sections 12 (2), 115 and AXS, R4 Section 12 (2). There was no reason to put the na…
- GHULAM MEHMOOD v. STATE 1997 MLD 2402
Criminal Code of Conduct (CRPC) Section 497 of the Code of Conduct (XLV of 1860), effective firing on the alleged complainant of section 324/34 bail, does not entitle merit to bail. The lower courts c…
- WAHID BAKHSH v. ABDUL QAYUM 1997 MLD 2945
Border Pre-Emission Act 1987 Section 24 [as amended by the North-West Frontier Province Pre-Emission (Amendment) Act (X of 1992]] Constitution of Pakistan (1973), Article 199 to collect 1/3 of the pre…
- ABDUL WAHEED v. COMMISSIONER/SETTLEMENT COMMISSIONER, D.I. KHAN DIVISION, D.I. KHAN 1997 MLD 2955
Vacancies and Displaced Laws (repealed) Act 1975 Section 2 (2) Constitution of Pakistan (1973), Article 199 Constitutional Application Deputy Settlement Commissioner transferred land in question by au…
- ABDUR RASHID v. EHSANULLAH 1997 MLD 2996
Withdrawal of leave to the plaintiff by the plaintiff on behalf of the parties concerned with the implementation of the Civil Procedure Code Order XXIII of the CPC and the adjustment of the suit O XXI…
- ALI ANJAM SHAH v. SAR ANJAM 1997 MLD 3000
Border Pre-Emission Act 1987 Section 13 Pre-Martyrs Trial, There is no evidence of a student's schooling at the same assembly where the former emperor learned of a sale transaction coming forth In his…
- MUHAMMAD ARIQ v. MUHAMMAD JAN 1997 MLD 3062
Section 13 Civil Procedure Code (v. 1908), Section 115 Pre-Impression, Pre-Importer's Demand for Right-to-Trade Trade As soon as he learned of the sale transaction, five days after the pre-emption dem…
- GUT WALI KHAN v. SAFDAR SALIM 1997 MLD 3075
CPC Decision Civil Procedure Code Order XX and Order O XX, R 5 When recording a decision, the court should state its decision or decision with its reasons on a separate matter. However, the merits and…
- CHAN MUHAMMAD v. COLLECTOR, LAND ACQUISITION GHAZI BROTHA HYDRO POWER PROJECT, GHAZI 1997 MLD 3192
Land Acquisition Act 1894 Section 18 and 30 Constitution of Pakistan (1973), Article 199 Constitutional Applicants Claims for Acquisition of Land The misconception that the land belonging to their lan…
- TAHIR SHAH v. LAIQ ZAMAN 1997 MLD 3201
Property Act 1882 Section 52 Civil Procedure Code (V8 1908), O IX, R 13 Constitution of Pakistan (1973), Article 199 Constitutional application Les pendens, the doctrine of pre-emption of the final de…
- BAKHTIAR KHAN v. GOVERNMENT OF PAKISTAN 1997 MLD 3211
Zakat and Usher Ordinance 1980 Section 8 [as amended by the Finance Act (X of 1994) and the Zakat and Usher (Amendment) Ordinance (XIX of 1997]] have been amended by the Constitution of Pakistan (1973…
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