Peshawar High Court NWFP — Judgments of 1998
183 reported judgments of the Peshawar High Court NWFP from 1998 — page 2 of 2.
- JAMIL SHAH v. STATE 1998 MLD 1121
Criminal Code of Conduct (CRPC) was filed immediately against the property under Section 497 Crimes (Enforcement Hood) Ordinance (VI 1979), Section 10/11 bail, accused's grant, and the defendant Confe…
- NASIB-UR-REHMAN v. NAZAR MUHAMMAD 1998 MLD 1128
Criminal Code of Conduct (CCPC) Section 497 (5) Criminal Procedure (XLV of 1860), Section 337A (2) Guarantee, Request for Injury under Section 337A (2), PPC, on the termination of the accused An FIR w…
- QAMAR ABBAS v. SOHAIL SIDDIQUE 1998 MLD 1132
Criminal Code of Conduct (CRPC) Section 497 Criminal Procedure (XLV of 1860), Section 302/324/354/34 Guarantee, not only on the grant of the accused, but also the FIR filed immediately to effect the t…
- SAID MULLAH SHAH v. THE STATE 1998 PCRLJ 1142
Criminal Procurement Code (CRPC) Articles 514 and 561 A Penal Code (XLV of 1860), Sections 302/324, on bail, on suspicion of dismissal, the magistrate ordered by the sessions court. Action. Against th…
- ABDUL HAKEEM KHAN v. STATE 1998 MLD 1147
Criminal Code of Conduct (CRPC) Section 497 Criminal Procedure (XLV of 1860), Section 302/324/34 Bail, Grant of accused who was charged with double murder, filed for bail grant, Incident Without trial…
- SYED JAFFAR SHAH v. THE STATE 1998 PCRLJ 1153
Criminal Code of Conduct (CRPC) Section 497 Crimes of Adultery (Enforcement Hood) Ordinance (VII of 1979), Section 11/16 Bail, Grant of Abduction to Extremely Explicit Terms Convicted and Role of Adul…
- SHAFIUR REHMAN v. JAN BAHADUR KHAN, S.H.O., ZAIDA 1998 MLD 1161
Criminal Code of Conduct (CCPC) Section 154 Constitution of Pakistan (1973), Article 199 Registration of Criminal Case Constitutional Jurisdiction, the death of the applicant who was the father of the…
- SULTAN ZARI v. NISAR MUHAMMAD 1998 MLD 1173
Criminal Code of Conduct (CCPC) Section 491 Child custody petition petitioner (s) prayed for the custody of the children born to the applicant during the restoration of their marriage only The Guardia…
- IQBAL SHAH v. THE STATE 1998 PCRLJ 1177
Article 2 302 and evidencere FIR Definition of evidence FIR suffered considerable delay Prosecutor did not specify why the injured eye witness or any other material witness did not go to the police st…
- MEHMOOD ALI SHAH v. SURRIYA SULTAN 1998 MLD 1184
Criminal Code of Conduct (CR PC) Sections 497 (XLV of 1860), Sections 324, 337 F (ii) and 337 N (2) [as substituted by the Criminal Law (Amendment) Act (II of 1997]]. Grant was not on record to prove …
- KHAWAJA AHMAD KHAN v. THE STATE 1998 PCRLJ 1192
Section 302/148/149 Definition of evidence was supported by this incident despite the ocular testimony of the deceased's two real sons, although the testimony of a witness will not be undermined, but …
- MUHAMMAD YOUNUS v. UMER HAYAT 1998 MLD 1195
Criminal Code of Conduct (CR PC) Sections 337 and 338 of the Conduct Code (XLV of 1860), approval of the waiver of amnesty for grant of section 324 / 120B / 216/34 was granted to the tendering police …
- GHULAM IQRAR KHAN v. SAKHI ZAMAN 1998 MLD 1202
Pakistan Penal Code Section 777777 ?? Appreciation of evidence The prosecutor successfully brought home the complainant's statement had minor contradictions and he could not assist the accused persons…
- BAHADUR HILAL v. MUKAMAL KHAN 1998 MLD 1209
Special Relief Act 1877 Section 42 Civil Procedure Code (v. 1908), section 115 suits to declare that the defendant only receives the property from the veil property under specific dates of contract, s…
- TAJ DIN v. KARIM BUKHSHRT 1998 MLD 1216
Section 2 (v) of the Muslim Marriages Act 1939, Proviso (C) decides to terminate the marriage due to the husband's instability to dissolve the marriage, on the only evidence presented by the family do…
- SAID QAYUM v. SECRETARY, EDUCATION, PESHAWAR 1998 PLC(CS) 1218
Sections 12 (8) (i), (ii) and 14 of Pakistan (1973), Article 199 of the NWFP Board of Intermediate and Secondary Education Act, 1990 (1973), principal of Article 199 Constitution Maintenance Transfer …
- HAJI ALI SHAH v. REHMAT KHAN 1998 MLD 1236
Constitution of Pakistan 1973 Article 199 Constitutional application of jurisdiction The civil court has already dealt with the dispute in which it was necessary to give its verdict on all the legal a…
- SULTAN GUL v. GOVERNMENT OF N.-W.F.P. 1998 PLC(CS) 1236
Constitution of Pakistan 1973 Arts 199 and 212 North-West Frontier Province Service Tribunals Act (I of 1974), Section 4 Khyber Medical College and Hayat Shaheed Teaching Hospital (Employee Absorption…
- MUHAMMAD SHAHZAD QAZI v. CHAIRMAN, JOINT ADMISSION COMMITTE, KHYBER MEDICAL COLLEGE/AYUB MEDICAL COLLEGE 1998 MLD 1243
Constitution of Pakistan 1973 Article 199 Constitutional jurisdiction As a constitutional jurisdiction, the court will not be used by it to aid in injustice.…
- IBRAHIM SHAH v. HAMEEDA 1998 MLD 1252
Section 5 of the West Pakistan Family Court Act 1964 and the Schedule to the Constitution of Pakistan (1973), Article 199 Constitutional petition, Family Court and Appellate Court together with the pl…
- M. ASLAM MOTIWALA:IN RE v. M. ASLAM MOTIWALA:IN RE 1998 PCRLJ 1254
Sections 561A, 133 and 439 of the Criminal Code of Conduct (CCPC) Order an Execution, Proof Sub-Divisional Magistrate submitted to the local police for investigation after the complaint was filed by t…
- MUHAMMAD MUBIN v. STATE 1998 MLD 1260
Civil Procedure Code Order VI VI Generally, O VI, R 17 Specific Relief Act (I of 1877), Amendment of trial suit property obtained by the government for approval of the suit for specific performance of…
- MOGHUL v. MUMTAZ 1998 MLD 1274
Land Acquisition Act 1894 Sections 18, 23 and 54 Land Acquisition Increase In Acquisition Landlords, feeling dissatisfied with the rate of compensation through the Land Acquisition Collector, have rec…
- FAZAL MUHAMMAD v. SENIOR CIVIL JUDGE/AALA ILLAQA QAZI, SWAT 1998 MLD 1276
Regulations 3 and 7 of the Provincially Administered Tribal Areas (Nafaz Sharia) Regulations 1994 and Pakistan (1973) Use of powers of Senior Civil Judge, Family Court to abolish marriage on the basis…
- ABDUL KARIM v. REVISING AUTHORITY, M.D.A., MIRPUR 1998 MLD 1278
Code of Conduct 1908 Section 115 Specific Relief Act (I of 1877), Section 42 Amendment Jurisdiction, Verification of the Gift Gift Process The two courts, based on the evidence of the record, declared…
- SHAHMAND v. STATE 1998 MLD 1293
West Pakistan Citizens Rent Restriction Ordinance 1959 Section 2 (c) (i) Landlord and Tenant Question of Title of Property The question concerning the title of any property by the Controller of Rent, …
- ABDUL MALIK v. STATE 1998 MLD 1307
Article 497 Preventive Code (XLV of 1860), Section 302/109/201/34 Law Evidence (10 of 1984), Article 43 Bail, Grant of confession of co-accused, confession of co-accused under Law 43 of confession Was…
- RARNZAN v. HABIB-UR-REHMAN 1998 MLD 1324
Criminal Code of Conduct (CR PC) Section 497 (5) Conduct Rule (XLV of 1860), 5 324 West Pakistan Arms Ordinance (XX of 1965), Section 13 bail, the canceled record indicated that the accused was neglig…
- GHULAM MUSTAFA v. MUHAMMAD SHAFFI 1998 CLC 1327
The NWFP pre-emption Act 1987 section 24 [as amended by the North-West Frontier Province Pre-Impression (Amendment) Act (X of 1992]], the West Pakistan General Clause Act (XI of 1956), section 9, from…
- SULTANA BIBI v. STATE 1998 MLD 1339
Criminal Code of Conduct (CCPC) Section 497 Control of the Narcotic Substances Act (XXX of 1997), Sections 9 and 51, provided for a crime convicted of being a lactating female. , They were sentenced t…
- ISMAIL KHAN v. KAMRAN ALI AFZAL 1998 MLD 1340
Criminal Code of Conduct (CRPC) Article 144 replaces the Northwest Frontier Province Finance Act (I of 1995), Section 7 (1) [as the Northwest Frontier Province Finance Act (III of 1997)] Constitution …
- BAQA MUHAMMAD KHAN v. CUSTODIAN OF EVACUEE PROPERTY, AZAD GOVERNMENT OF JAMMU AND KASHMIR, MUZAFFARABAD 1998 PCRLJ 1347
Criminal Code of Conduct (CR PC) S, 86 Constitution of Pakistan (1973), Article 199 Constitutional application for arrest warrant was a civil dispute between the parties, but the Assistant Political A…
- SIRAJUDDIN v. HABIB BANK LTD. 1998 MLD 1351
Constitution of Pakistan 1973 Arts 199 and 247 Banking Tribunals Ordinance (LVIII of 1984), Offer, Section 9 and 10 Banking Companies (Recovery of Loans) Ordinance (XIX of 1979), Section 4 and 6 of th…
- ZUBAIR KHAN v. N.-W.F.P. PUBLIC SERVICE COMMISSION 1998 PLC(CS) 1368
Constitution of Pakistan 1973 Article 199 Maintaining a Constitutional Appeal If the applicant's rights were not infringed, his constitutional application was not eligible to enter the entire hearing.…
- ANWAR SHAH v. ADDITIONAL SESSIONS JUDGE 1998 CLC 1388
CPC Parties to Civil Procedure Code Order I as Suite OI, R 10 Constitution of Pakistan (1973), Article 199 Parties Implementing Constitutional Appeal as Plaintiff in Defamation Case filed by Plaintiff…
- SHAH JEHAN v. KHALID KHAN 1998 CLC 1397
Specific Relief Act 1877 Section 12 The specific performance of the sale agreement, on the basis of some copies of the receipts allegedly executed by the defendant's manager, asserts that according to…
- GHULAM SARWAR v. ADDITIONAL DISTRICT JUDGE, TAUNSA CAMP 1998 PCRLJ 1625
Benefit from the Section 497 Prohibition (Enforcement) Order (4 of 1979), Article 3/4 Control of Narcotic Substances (XXV of 1997), Section 9 Bail, which is set to give a wrong date in a police recove…
- HAJI UMAR KHAN v. THE STATE 1998 PCRLJ 1630
Pakistan Panel Code Section 193 Definition of Evidence. On the FIR filed under Section 302/324/148/149, the accused in the PPC routinely conducted a full challan submission to the police inquiry court…
- STATE THROUGH ADVOCATE-GENERAL, N.W.F.P., PESHAWAR v. SALIM KHAN 1998 PCRLJ 1636
Pakistan Penal Code Section 302/34 Criminal Code of Conduct (v. 1898), Section 417 appeals against the eyewitnesses who were acquitted were related to the deceased and their presence at the time of th…
- STATE v. SAID QAMASH 1998 PCRLJ 1643
Under Section 156 (1) (8) (89) / 2 (S) FIR, the appeal against the anti-smuggling antique was being sold for the purpose of sale, but there is no explanation or evidence that this sale. How was done O…
- DISTRICT COUNCIL, ABBOTTABAD v. AKBAR 1998 PCRLJ 1652
The delay in filing Section 497 (5) of the Code of Criminal Procedure (CCPC), Code of Conduct (XLV of 1860), section 302/34, is effectively stated, the accused in the Bail Sessions Court No basis for …
- MUKARAM SHAH v. RAHIM SHAH 1998 CLC 1653
Section 24 of the NWFP Pre-Emission Act 1987 amends the North-West Frontier Province Pre-Impression (Amendment) Act (X of 1992) to the trial court regarding the limit on the third sale price of the pr…
- MUHAMMAD RAFIQUE v. MURTAZA 1998 MLD 1665
Civil procedure code order IX, I 13, ex parte decree for the appearance and non-appearance of the parties to the CPC can be separated by filing an application to set aside the preceding decree and lea…
- UNIVERSAL TOBACCO COMPANY, PAR HOTI, MARDAN v. PAKISTAN TOBACCO BOARD 1998 CLC 1666
Constitution of Pakistan 1973 Arts 18 and 199 Tobacco Marketing Control Rules, 1993, R6 (3) Constitutional Jurisdiction, Applicants in their constitutional petitions were challenged to notify the exer…
- GOVERNMENT OF N.-W.F.P. v. TAPIR SHOAIB-RASHID SHOAIB 1998 CLC 1680
Civil Procedure 1908 Section 96, O XVII, R 3 and O XLI, R 23 Verification of Evidence Prior to the verdict and injunction O XVII by the Appellate Court was not mandatory in the nature of the CPC where…
- MUNICIPAL COMMITTEE, BANNU v. MUHAMMAD IQBAL KHAN 1998 CLC 1714
Civil Code 1908 amended jurisdiction under section 115, the exercise of jurisdiction exercised by the High Court under section 115 was arbitrary in nature and the High Court would not interfere under …
- OBAIDULLAH KHAN v. INAYATULLAH KHAN 1998 MLD 1718
Arbitration Act 1940 Section 3 Arbitration Agreement Justified and the binding power of the parties involved in the dispute of property left in the interest of their predecessor, and in order to resol…
- GULNAWAZ v. THE STATE 1998 PCRLJ 1730
The delay in filing the FIR of the Pakistan Penal Code Section 302/34 evidence was clearly and reliably made clear that the presence of the sole witness at the relevant time, the presence of the murde…
- MUHAMMAD ASLAM v. SENIOR SUPERINTENDENT OF POLICE, ABBOTTABAD 1998 MLD 1737
Law Evidence Order 1984 Arts 114, 115 and 116 The principle of leasehold between landlord and tenant Estoppel, landlord and tenant was always consistent with the time when the tenancy was created, whe…
- NOWROZ KHAN v. CHIEF SECRETARY, 1998 MLD 1753
The Code of Civil Code, 1908, Section 115, amended the jurisdiction of the High Court, and to the extent that the provisions of Section 115, CPC were applied only to cases relating to unlawful presump…
- WALI MAST KHAN v. SHAHZAD GUL 1998 CLC 1756
Plaintiff's burden of proof for the termination of Section 13 of the NWFP Pre-Emission Act 1987 was established immediately after acquiring knowledge of the sale of suit land to prove that the plainti…
- HABIB BANK LIMITED v. NASEER AHMED 1998 MLD 1765
Section 17 (4) of the Cantonment Rent Regression Act 1963, the personal need of the landlord is personally presented by the witness tenant and he acknowledges that in filing the eviction request from …
- MEHMOOD SULTAN v. THE STATE 1998 PCRLJ 1769
Section 302/34 Police Rules, 1934, 8 25 21 = Death Statement of Appreciation of Evidence, a relevant recording of a police station house officer recorded by the injured complainant in the case of Murc…
- MUHAMMAD KAMAL v. STATE 1998 PCRLJ 1781
Pakistan Penal Code Sections 316 and 331 were charged with commission of direct crime in connection with the indictment of the crime, namely that the blood stained stick was recovered from the house o…
- JEHAN ARA v. THE STATE 1998 PCRLJ 1784
Pakistan Penal Code Section 365 A & 337 J Definition of Proof The matter was reported to the police immediately without any consultation and consideration, The complainant had no motive to make false …
- AHMAD ALI v. THE STATE 1998 PCRLJ 1800
Prohibited (Enforcement of Limitation) Order 1979 Article 3/4 Criminal Procedure Code (V 1898), the prosecution of the appreciation of section 103 evidence linking two persons to the area with the rec…
- GHAFOOR KHAN v. GUL FARAZ KHAN 1998 CLC 1800
Civil Procedure 1908 Sections 13 and 35 of the Code of Pre-Immunization Pre-Mutability Suite Although filed under the North-West Frontier Province Pre-Impression Act, 1950, the decision was not finali…
- QAMARUL ISLAM v. INSTITUTE OF CHARTERED ACCOUNTANTS OF PAKISTAN 1998 MLD 1805
Criminal Code of Conduct (CR PC) Section 561 A Penal Code (XLV of 1860), Section 465 Termination of FIRF Iron filed against accused / applicants on charges of fraud and fraud. An attempt was made to h…
- GOVERNMENT OF N.-W.F.P. v. SHERDIL KHAN 1998 CLC 1805
The Code of Conduct 1908 Section 96 did not impose the required court fee on the notice of appeal to maintain the appeal; the appellate court below instructed the appellant to attach appropriate court…
- MUHAMMAD MUAZZAM BUTT, ADVOCATE v. MUHAMMAD ANWAR, ADVOCATE 1998 CLC 1810
On the basis of the provisions of Articles 11A, 11B, and 23 of Pakistan (1973), Article 199 Constitutional application of the Pakistan Bar Council as a member of the Pakistan Bar Council on the basis …
- HAMID-UD-DIN v. GUL REHMAN 1998 CLC 1829
Frontier Province Pre-emption Act 1987 Section 13 Except for the harassed seekers, the plaintiff / pre-emptor failed to mention the place, date, time and place in their orbit as they made the students…
- SECRETARY TO GOVERNMENT OF N.-W.F.P. EDUCATION DEPARTMENT v. SHER AMAN 1998 CLC 1839
The Civil Procedure Code Order XLI of the CPC appeals was read from the original decrees with OXLI, Rr 23, 33 OXLII, R 1 and section 100, the second appeal remand the appellate court not only failed t…
- ASIF JAVED v. COLLECTOR CUSTOMS 1998 CLC 1840
Sections 156 and 196 of the Customs Act 1969 abolished foreign exchange from Pakistan o When an illegal attempt was made to remove the currency from Pakistan by the accused / appellant and seized it b…
- MUZAMAL KHAN v. KHAN FARAZ 1998 CLC 1847
The Constitution of Pakistan 1973 Article 199 mandamus writ petition petitioner who was a member of an association prayed for the respondents to issue writ of mandamus which was the president of the s…
- SHER ZAMAN v. THE STATE 1998 PCRLJ 1855
Complainant of Section 5 (2) of the Prevention of Corruption Act, 1947 (XLV of 1860), Complaint of Definition of Section 161 Evidence had no illicit desire or enmity with the accused, whose possession…
- ZAINUL HASSAN MIAN v. KHUWAND NAKA 1998 MLD 1857
CPC Appeals Orders O XLVII, R1 and O XLIII, R1 of the Civil Procedure Code Order XMLII as a party to the revocation application are entitled to appeal by the respondent and the party on appeal. She is…
- CHAN ZEB v. GUL ZAMAN 1998 CLC 1857
Civil Code of Conduct 1908 Section 153 and AXLI, RR 4, 20 and 33 with the Power of Court for the enforcement of the person interested in the appeal, whether to apply the complaint itself to take notic…
- SHARAFAT KHAN v. HUSSAIN SHAH 1998 CLC 1869
Amendment to the Code of Civil Code 1908 Section 115 Section 115, the CPC shall apply only to cases relating to unlawful assumptions, unethical or irregular exercise of jurisdiction by the lower court…
- MUHAMMAD ARIF v. BAHADUR KHAN 1998 CLC 1875
Family Practices Regarding the Law and Practices of the Law Practitioners and Bar Councils 1976 R 173 Soldiers' Litigation Act (IV 1925), Sections 7 and 12 for the Care and Possession of Children by P…
- FARMANULLAH HASHMI v. GOVERNMENT OF PAKISTAN 1998 MLD 1883
Section 133A [As added by Pakistan Army (Amendment) Act (XXVIII of 1992)] Constitution of Pakistan (1973), Arts 199, 203d and 25th Amendment History 133A, by Pakistan Army Act 1952 Right to appeal gra…
- JAFFAR SHAH v. YAHYA SHAH 1998 MLD 1920
Section 17 (2) (i) of the Cantonment Rent Regression Act, 1963, section 17 (2) (i) of the Cantonment Rent Registration Act, 1963, the payment of rent to a tenant for more than one amount fails to pay …
- SAHIR INAM v. N.-W.F.P. UNIVERSITY OF ENGINEERING AND TECHNOLOGY, PESHAWAR 1998 CLC 1924
Constitution of Pakistan 1973 Article 199 Constitutional jurisdiction, before an individual was allowed to petition the High Court's constitutional jurisdiction under Article 199 of the Constitution o…
- NIAZ MUHAMMAD v. NAZIRAN BIBI 1998 CLC 1927
Civil Procedure Code Order VII of CPC Plaintiff VII, R 11 Northwest Frontier Province Pre-Impression Act (X of 1987), 5 11 Plaintiffs sought to reject the required requirements and principles because …
- ILYAS v. THE STATE 1998 PCRLJ 1927
Section 2 Q2 Qualifying evidence (10 of 1984 1984), definition of evidence…
- WAPDA v. MUHAMMAD BAKHSH 1998 CLC 1934
The Land Acquisition Act, 1894, Section 4, 11, 18, 23 and 54, in view of the market value of the land compensation determined by the Land Acquisition Collector, the decision of the Compensation Court …
- SAKHI ZAMAN v. STATE 1998 MLD 1957
Criminal Code of Conduct (CRPC) Section 497 Criminal Procedure (XLV of 1860), Section 324/34 Bail, Guarantor's Grant, no doubt, from the shooting of the complainant allegedly testified by the prosecut…
- SANAULLAH v. BIBI SHAHNAZ AKHTAR 1998 CLC 1971
Notice to the default tenant in payment of section 106 rent of the Property Act 1882 When the tenant is not required when the suite property is located in the rural area, the lease of the suit propert…
- ALAMSHER v. HUKAM KHAN 1998 CLC 1977
The Code of Conduct 1908 and A-XXXIX, RR1 and 2 of the Special Relief Act (I of 1877), sections 42 and 54 of the Suite Declaration and Permanent Order Withholding Order, grant the grant of such lawsui…
- FARID KHAN v. AMAN KHAN 1998 CLC 1981
Civil Code 1908 Section 115 of the Code of Civil Procedure Section 115, CPC and the jurisdiction to amend the jurisdiction was primarily to correct the errors made by the subordinate courts in their j…
- ZARDAD KHAN v. SAFIA BEGUM 1998 CLC 2006
Revised jurisdiction under section 115 section 1158 of the Code of Conduct 1908, before the CPC mandatory jurisdiction amending jurisdiction will see whether it is subordinate to its decision before i…
- IFTIKHAR ALI v. THE STATE 1998 PCRLJ 2022
Articles 302 (b), 324 and 353 define testimony that the dead bodies were not subjected to post-mortem, yet this exception was inconvenient because the victim's death as a result of the violence, ie th…
- GHULAM HABIB v. HIDAYAT ULLAH KHAN AFRIDI 1998 CLC 2033
Representation of Articles 52 and 55 of the People's Act 1976 Election Request The provisional candidate's claim that the election application was misunderstood as represented in Sections 5 and 55, th…
- 1998 PTD 3490 1998 PTD 3490
The conditions for opening a waiver in the Sales Tax Act, 1990 Section 13 Section ROs 580 (1) / 91, dated 27 6 1991 and 561 (1) / 94, date 96 1994, set forth in the notification by any bank. The purpo…
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