Peshawar High Court NWFP — Judgments of 2005
288 reported judgments of the Peshawar High Court NWFP from 2005 — page 3 of 3.
- JANGREZ KHAN v. State 2005 PCRLJ 1506
The evidence recovered from Section 9 suspects was defined as 7 slabs, but only one sample of 10 grams was separated from the whole lot and one slap was recovered from the drug and not taken from each…
- HABIB BANK LIMITED v. HAZRAT HUSSAIN 2005 CLD 1541
Sections 9, 10 and 22 Civil Procedure Code (v. 1908), O XVII, R 3 The defendant was dismissed for defending the suit to recover the debt and the plaintiff's bank was instructed to file a response, But…
- Mst. PARVEEN v. State 2005 PCrLJ 1562
In section 9 (c) and 25 Criminal Code of Conduct (v. 1898), Section 103 alleges that 7 packets of chariots weighing 7kg were seized in his possession and sent to forensic science. The Laboratory for G…
- AKHTAR ZAMAN v. State 2005 PCrLJ 1576
Section 497 Bail, the grant of the accused involved in a non-bailable offense, to consider the issue of bail of an accused involved in a non-bailable offense if it is reasonably offered to believe tha…
- SHER AFZAL v. WAZIR BADSHAH 2005 PCrLJ 1590
In reviewing the evidence against section 439 of the Contempt Code (XLV of 1860), sections 302, 148 and 149, the court thoroughly reviewed the available evidence on the record and concluded that whene…
- AKBAR SAID KHAN v. Mst. SHAHEEN 2005 CLC 1599
Section 12 (2) of the Special Relief Act (I of 1877), sections 8, 42 and 54 of the suit, possession, declaration and permanent order discrimination and deception and deception and application of fraud…
- MUHAMMAD TARIQ KHAN v. Mst. GUL SAWARA 2005 CLC 1619
Section 4 Specific Relief Act (in 1877), Section 42 Civil Code (v. 1908), Section 115 Suit Statement for Right to Suit Declaration Two Harmonies on Harmonization Decisions Filed by the Plaintiffs of t…
- FAHAD v. State 2005 PCrLJ 1620
The testimony of section 302 was to be satisfied not only by the court's sanction of the accused's conviction for murder, that the murder was committed, but also that it should be satisfied that the a…
- ABDUL GHAFFAR v. State 2005 PCrLJ 1644
In view of the value of the provisions of Sections 324, 337F (ii) and 337Y (2), the complainant and the prosecution's witness had fully supported the prosecution's version and accused the complainant …
- GOVERNMENT OF N.-W.F.P. through Advocate-General, N.-W. F. P. v. MUHAMMAD IQBAL 2005 CLC 1649
Section 4, 11, 18, 23 and 54 Referring to Compensation Reimbursement The court filed a reference under section 18 of the Land Acquisition Act 1894, expressing dissatisfaction with the landlord's compe…
- QUDRATULLAH v. MAISAM 2005 PCrLJ 1667
Section 2 30b (b) Definition of Evidence In the case of a solicitor, there are two prosecution witnesses who claimed to be with the complainant at the relevant time and found that the incident was aba…
- WALI DAD v. GUL BAB KHAN 2005 MLD 1668
The right to relief and pre-emptive right of right and mercy is always present in the pre-trial case, for the benefit of the landlords. The right of the system and pre-emption was created. Such right …
- REHMAT ALI v. DILAWAR SHAH 2005 CLC 1673
Section 115 Review Request Continuation of criminal proceedings, along with civil proceedings, proceeding with civil proceedings, cannot proceed to the cause of justice where the civil court acknowled…
- HAKIM KHAN v. State 2005 MLD 1685
Section 40 Criminal Code of Conduct (v. 1898), Section 86 Constitution of Pakistan (1973), Arts 199, 1, 246 and 247 Applicants for restoration of constitutional application, not resident under Federal…
- REHMAN SHAH v. COLLECTOR, LAND ACQUISITION INDUS HIGHWAY, PESHAWAR 2005 YLR 1712
Pursuant to Compound & Land Land Acquisition, the determination of the land was due to their commercial and residential value because of the proximity to the road and adjoining residential areas. And …
- IQBAL MAND v. SHAHI BAKHSH 2005 YLR 1725
O VI, R 17 and O VII, R 14 Plaintiff / Writing Statement The scope court has jurisdiction and authority to amend any stage, but its primary standard is to record the parties to full justice. Be explai…
- ANWAN KHAN v. MIR WALI 2005 YLR 1734
Article 59 Special Relief Act (1 of 1877), Section 12 Handwriting Specialist Report relies on the principles of jurisdiction for the specific performance of the contract record that the process was ex…
- FRONTIER PROVINCIAL COOPERATIVE BANK v. ISHAQ AHMED KHALIL 2005 YLR 1745
The jurisdiction of sections 70A and 54 of the Civil Court is restricted to the jurisdiction of the civil court only in cases whose decision is to be made by legal liabilities under the Cooperative So…
- NORAUZ KHAN v. SHAH JEHAN 2005 YLR 1766
Article 117 of the Special Relief Act (of 1877), sections 42 and 55 of the suit, for the declaration that the plaintiff was the owner of the suit property, he had purchased in advance of the defendant…
- ATTAUR REHMAN v. GOVERNMENT OF N.-W.F.P. through Secretary, Local Government, Elections and Rural Development Departm 2005 MLD 1770
4, 16 and 18 Constitution of Pakistan (1973), Article 199 Constitutional Appeal Papers Voter's List Correction of Voter List petition The applicant's name was included in the 2002 voter list for the l…
- COLLECTOR OF SALES TAX AND CENTRAL EXCISE, PESHAWAR v. Messrs ARMY WELFARE TRUST, DISTRICT NOWSHERA 2005 PTD 1839
Sections 3, 3B and 4 Central Excise Rules, 1944, RR 7, 9, 52 and 226 Section RO 456 (I) / 96 Dated 13 6 1996 Section RO 455 (I) / 96 History 13 6 1996 Section R O902 (I)) / 98 Dated 27 8 1998 The ceme…
- ADIL JAMSHED v. MUHAMMAD UBAIDULLAH 2005 CLD 1840
The execution of the pro note in question was proved satisfactorily by independent and credible witnesses in the suit for recovery of the money on the basis of A. XXXVII, Rr 2 and 3 and O XX, R 5 Pro …
- HAQ NAWAZ KHAN v. State 2005 YLR 1850
Section 616161 A Penal Code (XLV of 1860), Sections 406 and 403/34 Termination of FIR Parties to Resolve Their Contribution Disputes Arbitrators Rs. 500,000 from Each Party as Security Instead of depo…
- Sardar HAROONUR RASHID v. MUHAMMAD ANWAR 2005 CLC 1855
Section 152 (1) (i) Constitution of Pakistan (1973), Article 199 Constitution nomination papers rejected nomination papers rejected by applicants on the request that they have concealed their assets, …
- AFSAR KHAN v. State 2005 PCrLJ 1858
Section 9 (c) Testimony of Evidence Both the main witnesses, the police officers, made a permanent statement on the material points and the accused failed to identify any contradiction in their statem…
- AURANGZEB v. RETURNING OFFICER/ADDITIONAL DISTRICT JUDGE-III, UNION COUNCIL PAWA, ABBOTTABAD 2005 CLC 1864
Section 152 (1) (d) North-West Frontier Province Elections Rules, 2000, 16 and 18 Constitution of Pakistan (1973), Article 199 Constitutional Appeal Rejects nomination papers Candidates for Union Coun…
- Mst. SAFIA BIBI v. RETURNING OFFICER, DARGAI 2005 CLC 1876
16 and 18 Constitution of Pakistan (1973), Article 199 Constitutional application for nomination papers, the names, parents and numbers in the list of proposers and the second voter, as well as the pa…
- SAJJAD KHAN v. ADNAN FAISAL 2005 PCrLJ 1881
Although it has been alleged that Section 497 of the Criminal Procedure (XLV of 1860), Section 302 and the Crimes Against Property (Enforcement Hood) Ordinance (VI of 1979), Section 17 (4) guarantee, …
- MUHAMMAD ASAD KHAN v. Mst. SADAF NIAZ 2005 CLC 1881
Because of the happy relationship between Section 5 and the couple, it was not appropriate to settle the marriage, which would allow the wife to file a case against her husband for dissolution of the …
- State v. UBAIDULLAH 2005 MLD 1883
Section 1 561 An Exploratory Code (XLV of 1860), Sections 419, 420, 468 and 471 of the Prevention of Corruption Act (II of 1947), Section 5 (2) for an order dismissing a request for a magistrate to pa…
- RABNAWAZ KHAN v. JALIL KHAN 2005 MLD 1927
Section 417 (2) (a) Appeals against the Code of Conduct (XLV of 1860), Sections 302 and 34 In order to convict a person on capital charges, the evidence must be of high quality and good quality, in th…
- MUHAMMAD SAUD v. State 2005 MLD 1935
Sections 9 (c) and 25 of the testimony were recovered from a secret raft of seven kilograms weighing seven kilograms, the accused trial court exchanging every aspect of the case with minute details ag…
- MUHAMMAD NAWAZ v. State 2005 PCrLJ 1939
Definitions of Sections 302 (b) and 324 of the evidence were filed with prompt progress, eliminating all possibilities of counterfeiting and the false involvement of the accused, which was specificall…
- SARTAJ ALI v. State 2005 PCrLJ 1949
The testimonies of Articles 9 and 25, both the prosecution's witnesses, were unanimously agreed that the alleged quantity of marijuana was recovered at the date and time stated by the accused, citing …
- KHAN SAHIB alias DOCTOR v. State 2005 MLD 1949
Section 9 (c) Appreciating the Evidence Both of the prosecution's witnesses were fully consistent with all important material details and had not waived at all. The hashish was recovered at the specif…
- AKHTAR HUSSAIN v. State 2005 PCrLJ 1958
Section 9 (c) and 25 Testimonies Testimony Chemical Examiner's Report was Positive The prosecution's witnesses unanimously dismissed that the alleged quantity of heroin was recovered from time to time…
- Mst. NAWSHADA v. State 2005 PCrLJ 1966
Articles 9 (c) and 25 Criminal Procedure Code (V9 1898), Articles 103 and 340 (2) Definition of Evidence Examining the defense did not succeed in breaking their testimony or identifying any illicit de…
- Mst. BAKHTA v. State 2005 PCrLJ 1972
Sections 9 (c) and 25 Criminal Procedure Code (v. 1898), Section 103 Evidence Definition History, both at the time and place, showed full consensus and the defendants in their statements indicated any…
- AZIZ-UR-REHMAN v. State 2005 PCrLJ 1987
Section 497 Electricity Act (IX of 1910), Section 39A & 40 bail, grant of theft of electrical wire by police upon the identification of a person in the shop, who has neither been charged nor witnessed…
- Syed WALI v. State 2005 MLD 1991
The testimonies of Sections 9 (c) and 25 of the testimony were fully supported by the prosecution's witnesses, and they remained consistent, consistent and credible and had long suffered from cross-ex…
- Messrs AMIN HOTEL v. COLLECTOR SALES TAX AND CENTRAL EXCISE, 2005 PTD 1991
Section 24 Central Board of Revenue Letter Dated 11 10 1992 Central Excise Rules, 1944, R10 (3) Central Excise Act (I of 1944), Section 36C imposes a Central Excise Duty on the services of levies that…
- MUHAMMAD JAMIL v. State 2005 PCrLJ 1991
Section 302 (b) Appreciating Evidence Extra-judicial confession of offenders that was voluntary, truthful, free from any repression and repression, though withdrawn, was not always a sufficient basis …
- JAMIL KHAN v. THE STATE 2005 PCrLJ 2003
Section 497 Appeal Code (XLV of 1860), Section 242424 / Validity Guarantee, Approval of arrest of a person caught on a valid charge The accused has been granted bail on bail with a guarantee of Rs.…
- COLLECTOR OF SALES TAX v. DHAN FIBRE LIMITED 2005 PTD 2012
Input tax adjustment tax against the purchase of spare parts and lubricants used in machinery for the use of textile yarn in section 2 (14), 7 and 8 section RO 1307 (I) / 97, 20 of 1997. Anything dire…
- NOOR ZAMAN v. State 2005 PCrLJ 2016
Section 302 (b) Definition of Evidence Single-eyed witnesses In the present case, the complainant had consistently followed the words of the prosecution's version and, giving all the necessary details…
- QASEEM v. State 2005 PCrLJ 2030
The testimony of the testimony of Section 9 evidence led to significant discrepancies in the prosecution's evidence that the investigating officer stated that the raid on the hotel was carried out at …
- QAYUM v. State 2005 PCrLJ 2034
Section 9 (b) delay of sending samples to evidence laboratory, delay of six days, sample testing and preparation of report was delayed 22 days and receipt of report of forensic science laboratory was …
- HANIF GUL v. MUJEEB GUL 2005 YLR 2249
Sections 302, 148 and 149 of the Claims Prosecutor were able to prove their case in retaliation and the accused was one of the perpetrators of the crime, and the defendant, who was a star witness in t…
- SHAH ROOM KHAN alias SHERO v. State 2005 YLR 2265
Section 2? (b) and evidence of the testimony of the complainant and his daughter when he saw the shotgun firing at the victim, he refused or did not suspect because he was the most natural as a prison…
- State v. FAZALUR REHMAN 2005 YLR 2315
Section 171717 Appellate Code (XLV of 1860), Appeal Against Section 324 Eviction To convict an individual on a capital charge, the evidence must be of high quality and good quality, which was not avai…
- MUHAMMAD YOUSAF v. ABDUL WAKEEL 2005 YLR 2325
RS, 516A and 561A Panel Code (XLV of 1860), Sections 406, 419, 420, 468, 471 and 381 Superior Order Cushing Applicants, who claimed to have purchased a motor car in question, rented one person. And sa…
- GHULAM MUSTAFA v. State 2005 YLR 2337
Grants from the contents of the Section 497 Preventive Code (XLV of 1860), Section 489B bail, FIR, imply that it is merely a matter of possession against the accused and it remains to be decided wheth…
- AMBAR SHAH v. State 2005 YLR 2346
The testimony of Section 9 testimony was permanently dismissed on the basis that the suspect was arrested on the spot as a result of a raid and recovered a 2016 gram weight chassis from a shopping bag…
- Messrs UNIVERSAL INSURANCE CO. LTD. v. COLLECTOR, CUSTOMS, CENTRAL EXCISE & SALES TAX, PESHAWAR 2005 PTD 2355
Section 19 Section R517 (I) / 89, Dated 3 1989 Section RO No. 419 (I) / 91, Article 95 of the 1991 Constitution of Pakistan (1973), Article 199 from the Insurance Company for payment of bail to the in…
- KHADIM MUHAMMAD v. TILLA MUHAMMAD 2005 YLR 2370
The Section 115 Special Relief Act (of 1877), the Section 42 suit for declaring jurisdiction, was based on an examination of the facts recorded by the trial court and an accurate and careful assessmen…
- Sayed HAMIM SHAH v. Mst. SABIHA 2005 YLR 2393
Section 5 and the Schedule to the Constitution of Pakistan (1973), Article 199 Constitution Petition Family Court reduced the suit by the appellate court and the defendant's monthly income was very mo…
- Haji MUHAMMAD YOUSAF v. State 2005 YLR 2418
Section 497 Grant / Bail Refusal The question about the grant / refusal to grant a bail was to be properly decided on the facts and circumstances of each case where the prosecution convinced the court…
- Mian HISAMUDDIN v. NATIONAL ACCOUNTABILITY BUREAU through Deputy Prosecutor General 2005 YLR 2432
Section 10 Constitution of Pakistan (1973), Article 199 Constitutional application for the suspension of conviction and approval of bail, questioning the accused's legal status and hearing the appeal …
- Mst. SHAKEELA v. State 2005 YLR 2448
Section 9 was sent thirteen days after the forensic science laboratory was sent, and no plausible explanation for the delay was found contradicting the material contention in the statements of two min…
- HABIBUR REHMAN v. MALANG 2005 YLR 2474
Article 199 Constitutional Jurisdiction Finding order of jurisdiction to be substantially intimate, cannot be placed in the constitutional jurisdiction of the High Court…
- Mian MUHAMMAD GHAFOOR v. State 2005 YLR 2483
Sections 302 and 34 of the Anti-Terrorism Act (XXVII of 1997), Sections 6, 7 (a) and 8 Constitution of Pakistan (1973), Article 199 abolish the order of the constitutional petition and move the case t…
- ZAKIRULLAH v. State 2005 YLR 2514
Article 302/324/148/149 Definition of Evidence Accused of separating from the original story, accusing the complainant and prosecutor's witnesses of firing in the FIR, charged five persons with indisc…
- Syed KAUSAR ABBAS SHAH v. SARDAR KHAN 2005 YLR 2523
The prima facie material and the applicant's statement of complaints against the applicant against the applicant's termination of Articles 1 561A, 190, 193, 195 and 476 were not deemed valid by the Hi…
- QAMAR ALI v. State 2005 YLR 2538
Section 302/324 Reduces Situation Includes One Accused (Complainant's First Cousin) Specialist was positive about the weapons recovered from the suspect after being absconded for more than two months.…
- GHULAM HAIDER v. MEMBER, BOARD OF REVENUE 2005 YLR 2702
Section 16 (a) West Pakistan Land Reforms Regulation, 1959 [MLR64], Para 19 Land Reforms Regulation, 1972 [MLR 115], Para 7 notification number 474 / LC, dated 19 3 1973, para 9 constitution Pakistan …
- SAQLAIN HAIDER v. State 2005 YLR 2800
Applicants filed for its success under Section 23 (1) (a) (v) and 27 (4) of the Criminal Code (V 1898), section 265 K and 439 evidence, the sole PC The dismissed co-accused was given a notice on the a…
- KHALIL-UR-REHMAN v. MUHAMMAD SADIQUE 2005 YLR 2832
Section 497 Guarantee, Grants of Principles To consider the issue of bail of a participant in a non-bailable offense if he has a reasonable basis that he is eligible for death or life imprisonment for…
- Sardar HAROONUR RASHID v. Syed NAZRAN SHAH KAZMI 2005 YLR 2992
Section 152 (1) (i) Constitution of Pakistan (1973), Article 199 Constitution rejects the nomination papers Returning Officer for failure to comply with Section 15 (1) (i) of Local North West Frontier…
- Haji KHAN WALI v. DIRECTOR-GENERAL, CD&MD, PESHAWAR 2005 YLR 3102
Article 199 Constitutional jurisdiction granted by Article 199 of the Constitution As an extraordinary jurisdiction can only be called upon to fulfill exceptional circumstances. Such jurisdiction is n…
- Dr. ANWAR ZADA v. Mst. YASMEEN 2005 YLR 3109
OI, Rr 9 & 10 Joint or Essential Parties Misconduct Joint determination or misunderstanding of the required parties was made on the basis of default charges, irrespective of whether the allegations ar…
- WILAYAT SHAH v. State 2005 YLR 3122
Section 1 561 A Contempt of the Code (XLV of 1860), termination of sections 419 and 420 FIR cases that cannot possibly succeed, if allowed to continue, would be an abuse of court process and Has to be…
- NASIR KHAN v. State 2005 YLR 3131
Sections 516A, 517 and 561A Superpowers of Court During the Trial The Court's Authority to Provide Property Section 516A, CRP has no doubt that the court will hand over the surrender during the trial.…
- GHULAM SADIQ v. State 2005 YLR 3141
Section 497 Prohibition (Enforcement) Order (4 of 1979), Arts 3 and 4 bail, the defendant's grant was in judicial closure because his arrest and final trial were not in sight if convicted under two di…
- Mst. JAMILA BIBI v. State 2005 YLR 3196
Sections 497 (5) of the Crimes of Adultery (Enforcement Hood) Ordinance (VII of 1979), Sections 6 and 10, the cancellation of the bail, mainly on the basis of the delay in filing the FIR under the juv…
- HAMID SHEHZAD, MANAGING DIRECTOR v. MUHAMMAD SOHAIL SAEED 2005 YLR 3226
A. XXXVII, Rr. 2 and 3 of the Negotiable Devices Act (XXVI of 1881), the purpose of the legislature of suit O XXXVII to recover money based on section 118 matters, negotiating instruments to the CPC I…
- Haji HASSAN KHAN v. MOSAM 2005 YLR 3240
Section 33 Civil Code of Conduct (v. 1908), 0 XLI Special Relief Act (I of 1877), 5 42 42 There was no personal reason for the suit for declaration by the aggrieved person in the record of the claiman…
- Mst. NOREENA v. State 2005 YLR 3269
Section 497 Control of the Narcotic Sub-Maintenance Act (XXV of 1997), Section 9 Bail, The woman's grant of the accused was sought by the lady constable, but the name of the boy was not reported in th…
- REHMATULLAH v. Colonel (R.) MUHAMMAD LATIF KHAN 2005 YLR 3278
A. XXXVII, a suit for recovery of money on the basis of promise gap, the person presenting with the petition to set aside the decree and the petition to set aside the preceding order, the court needs …
- FAIZ-UR-REHMAN v. Haji ABDUL WAHEED 2005 YLR 3290
Proof of co-ordination of students for discrimination, pre-emperor's son's testimony in relation to the discrimination, pre-emption of the plaintiff on the admission of evidence of the plaintiff / fam…
- SHAH NAZAR KHAN v. GOGA KHAN 2005 YLR 3297
Sections 7 & 7 and 9369 \ Verdict \ mean, the legal properties will mean the features and characteristics of the decision \ Judgment of, the judicial verdict will decide the decision of a case, until …
- Molvi Haji NOOR AHMAD SHAH v. Mst. NAJMA 2005 YLR 3309
Articles 42 & 54 54 for suit decree and injunction Respondents donated land for a public purpose public purpose Respondents transferred 19 marl land in two measles, but 19 such marl The seizure was ha…
- GHULAM AKBAR v. MUHAMMAD HASSAN 2005 YLR 3313
The suit, which seeks immediate reinstatement to section 13 of the North West Frontier Province Pre-Impression Act 1987 and the pre-emption demand termination law of the North-West Frontier Province, …
- Syed KAUSAR ABBAS SHAH v. SARDAR KHAN 2005 YLR 3321
A. XXXVII, Rr 2 and 3 Negotiable Devices Act (XXVI of 1881), Section 118 of the Anti-Defense Suite to appear, negotiable Instrument Order XXXVII, provisions of the Compromised Devices Act, 1881 Applic…
- RASHID KHAN v. State 2005 YLR 3326
Section 9 (c), 20 and 21 of the West Pakistan Arms Ordinance (XX of 1965), Section 13, upon receipt of testimony of the evidence, the investigating officer raided the house of the accused and recovere…
- ABDUL MATIN v. MUHAMMAD FAYYAZ 2005 YLR 3335
The testimony of the Section 302 evidence, not only the eye witness, who was the natural witness of the incident, testified and affirmed the incident, but also strongly opposed the full examination of…
- PROJECT DIRECTOR, AYUB HOSPITAL COMPLEX v. Mst. ZAINAB NOOR 2005 YLR 3349
Section 4, 11, 18 and 20 Civil Code of Conduct (v. 1908), Section 12 (2) Applicants to Acquire Compensation for Acquisition of Land with Trees and Challenge Decree on Fraud and Misdemeanor Charges Res…
- ABDUL AZIZ v. IMAM BAKHSH 2005 YLR 3354
In the case of Sections 2 (d), 6 and 13, the transaction was not a matter of simplicity, as the transaction was limited in view of the alleged exchange of property between the parties in question. Sec…
- NERGIS PERVEEN through Attorney v. IFTIKHAR AHMED KHAN 2005 YLR 3361
Order XXVII CPC under the procedure of summary judgment of suit based on A. XXXVII, Rr 2 and 3 negotiable instruments Act (XXVI of 1881), sections 118, 119, 120, 121 and 122 negotiable instruments. Th…
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