Supreme Court Azad Kashmir — Judgments of 2003

72 reported judgments of the Supreme Court Azad Kashmir from 2003.

• AKHTAR SAEED v. AZAD GOVERNMENT 2003 PLD 1

  Article 42 of the Azad Jammu and Kashmir Interim Authorization Act, 1974, in the jurisdiction of the Supreme Court Rules, 1978, AXLIII, RR 4 and 5 of the Azad Jammu and Kashmir, neither the order was …

• INSPECTOR-GENERAL OF POLICE, AZAD JAMMU AND KASHMIR, MUZAFFARABAD v. GHULAM MUSTAFA 2003 PLC(CS) 1

  Rr 13 1 (4) and 13 7 (2) were introduced in the Azad Jammu and Kashmir Service Tribunals Act (XXII of 1975), Section 4 Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974), Arr 13 1 (4). And…

• AZAD KASHMIR LOGGING AND SAWMILLS CORPORATION v. DISTRICT COUNCIL, MUZAFFARABAD 2003 PLD 6

  By the limits of a district representative that appeals to the Azad Jammu and Kashmir Local Government Act, 1990, 64, 67 and Schedule VI of the Azad Jammu and Kashmir Interim Constitution Act (Sec. VI…

• AZAD JAMMU & KASHMIR BOARD OF INTERMEDIATE AND SECONDARY EDUCATION, MIRPUR v. ABDUL QAYYUM QAMAR 2003 PLD 14

  The implementation of the provisions of section 47 civil court is to be challenged by either party or in the final form, it has complied with the terms and conditions set out in this decree.…

• MUHAMMAD SADIQ v. MUHAMMAD NISAR 2003 PCrLJ 20

  Criminal Code of Conduct (CCPC) Section 498 Pre-arrest Bail The conditions for approval of a pre-arrest bail are also subject to the time being set by the Supreme Court from time to time. Of the condi…

• AJ&K COUNCIL v. ABDUL RASHID TAHIR 2003 PLC(CS) 23

  Azad Jammu and Kashmir Council Secretariat Employees Medical Allowances and Treatment Rules 980 R1 Azad Jammu and Kashmir Civil Servants Act, 1976, Section 3 Azad Jammu and Kashmir Service Tribunals A…

• STATE v. Khawaja FAQIR MUHAMMAD 2003 PCRLJ 51

  Pakistan Penal Code Section 406/409/109 Corruption Prevention Act (II of 1947), Section 5 (2) Accountability Act (IX of 1997), Section 4 of the Azad Jammu and Kashmir Interim Constitution Act (VIII of…

• MUHAMMAD ANWAR KHAN v. A.K. GOVERNMENT 2003 PLC(CS) 87

  Article 44 (2) (a) (i) of the mandamus of the Azad Jammu and Kashmir Interim Authorization Act of 1974, the issuance of civil service by the State Azad Jammu and Kashmir Government had adopted the rul…

• DIRECTOR GENERAL HEALTH, AZAD JAMMU AND KASHMIR GOVERNMENT, MUZAFFARABAD v. MUHAMMAD SHABBIR 2003 PLC(CS) 120

  Azad Jammu and Kashmir Civil Servants (Qualifications and Discipline) Rules 1977 Rr 3, 4, 5 and 6 Service Rehabilitation The Government employee is required to be a member of the Government of Azad Ja…

• SHEHZAD MUZAFFAR v. MASAIL KHAN ABBASI 2003 MLD 240

  XLI, XML, R 25 of the CCC Code of Conduct Regarding the original rules of CPC, the trial court in its appeal to the Supreme Court failed to observe that the trial court framed a case Or abandoned the …

• SARDAR KHAN BAHADAR KHAN v. RETURNING OFFICER, CONSTITUENCY LA-18, POONCH-2 CIVIL JUDGE, HAJIRA, AK 2003 MLD 284

  Azad Jammu and Kashmir Legislative Assembly (Elections) Ordinance 1970 Sections 2, 5 (2) and 49 Legislative Evidence (10 of 1984), Arts 73, 74 and 87 papers refuse to qualify for the nomination matric…

• AMANAT ALI v. SARDAR BIBI 2003 MLD 299

  Section 14 Civil Procedure Code (V8 1908), Section 11 and O VII, Rr 11 and 3 Limitation Act (IX of 1908), Article 120 RS Fresh Judgment for the Judiciary Protection Limitation Rule, Subsequently Vendo…

• Lt. (Retd.) MUHAMMAD SHABIR v. AZAD GOVERNMENT 2003 YLR 346

  In the writ petitions 42 and 44 of the Azad Jammu and Kashmir Interim Constitution Act 1974, the appellant was to move the school from one village to another where the school was a village D where a g…

• Lt. (Retd.) MUHAMMAD SHABIR v. AZAD GOVERNMENT 2003 YLR 346

  Section & 42 and Writ 44 Written requests challenged in the notification regarding the transfer of the school from one village to another appellant who was a resident of school D, whereby the school w…

• MUHAMMAD ASLAM v. SENIOR VICE-PRESIDENT AND ZONAL CHIEF, HABIB BANK LTD. 2003 PLC(CS) 388

  Service entries to the Azad Jammu and Kashmir Industrial Relations Ordinance, Section 42 and 30 Service Tribunals Act of 1974 (LXX of 1973), Sections 2A, 4 and 6 of the Azad Jammu and Kashmir Interim …

• MUHAMMAD HANIF v. MUHAMMAD AZIZ KHAN 2003 YLR 389

  Property Act 1882 Sections 122 and 123 Gift transfer, Donor authenticity should deprive itself of ownership and control over the subject of the gift to establish the authenticity of the gift, occupyin…

• Ch. AJAIB HUSSAIN v. ZAREEN AKHTAR 2003 YLR 410

  Azad Jammu and Kashmir Interim Authorization Act 1974 S, 42 AJK and Kashmir Supreme Court Rules, 1978, A XLIII, R Supreme Court 5, although under section 42A and R5 of the Azad Jammu and Kashmir Inter…

• Raja SHOUKAT MEHMOOD v. AZAD JAMMU AND KASHMIR GOVERNMENT 2003 PLC(CS) 424

  Azad Jammu and Kashmir Civil Servants Act 1976 Section 8A [such as Azad Jammu and Kashmir Civil Servants (Amendment) Ordinance, 1989 General Clauses Act (X of 1897), Section 6 of the Azad Jammu and Ka…

• IQBAL AHMAD SHAH v. AZAD GOVERNMENT 2003 PLC(CS) 439

  Regulation of the rules regarding the minimum eligibility rules and the appointment of primary teachers by the Azad Jammu and Kashmir Directorate of School Rules 1989 Item No. 15 and 19 of the Azad Ja…

• Khawaja NAZIR AHMED QADRI v. AZAD GOVERNMENT OF THE STATE OF JAMMU AND KASHMIR th 2003 PLC(CS) 460

  9, 10 and 12 Removing the holder of the AQE Property at the direction of the Prime Minister unless an order, direction or proposal is obtained on the file of execution by the competent authority and a…

• DAYAM MIR v. GHULAM HUSSAIN SHAH 2003 PCRLJ 490

  Criminal Code of Conduct (CRPC) Section 497 (5) of the Conduct Rule (XLV of 1860), Section 324/147/148/149 Bail, the cancellation of the accused's case was not the same as that of the co-accused. The …

• SHABBIR HUSSAIN v. THE STATE 2003 PCRLJ 512

  The definition of evidence of section 102 (XLV of 1860), section 452 of the Adultery of the Adultery (Enforcement Hood) Act 1985, the lady clearly stated that at the time of the incident, there was no…

• IFFAT SIDDIQUE SULEHRIA v. MUHAMMAD NAEEM 2003 PLC(CS) 554

  Azad Jammu and Kashmir State Articles Act 1980 Section 5 Azad Jammu and Kashmir State Subject Rules, 1980, R7 Azad Jammu and Kashmir Interim Authorization Act (VIII of 1974), Article 42 of the Domicil…

• KHALID MEHMOOD v. AZAD GOVERNMENT OF THE STATE OF JAMMU AND KASHMIR 2003 PLC(CS) 571

  As a candidate for the vacant post of Civil Service Petitioner Lecturer, Azad Jammu and Kashmir Interim Constitution Act, 1974 Section 42 (12) was published in test and interview in response to advert…

• MUHAMMAD RIAZ KHAN v. SAJJAD ANJUM 2003 PLC(CS) 579

  Azad Jammu and Kashmir Civil Servants Act 1976 Section 1 (2) Azad Jammu and Kashmir Revenue Department, Patwari, Kanoango, Deputy Tehsil Service Rules, 1991, R4 Azad Jammu and Kashmir Civil Servants (…

• ABDUL RAHEEM ZUBAIR BUTT v. AZAD JAMMU AND KASHMIR HIGH COURT 2003 PLC(CS) 664

  Sections 2 (A), 3 and 9 of the Azad Jammu and Kashmir Interim Constitution Act (VII of 1974), Section 42 (12) of the Code of Conduct of the Azad Jammu and Kashmir High Court, 1984, Judicial Officer Co…

• MUHAMMAD SHAFI v. SARDAR ALI 2003 YLR 683

  Conan e testimony order 1984 Article 75 Oral evidence in the presence of documentary evidence, importance of principle…

• Dr. SHABIR KAYANI v. Dr. Syed MUSHTAQ AHMAD GARDAZI 2003 PLC(CS) 700

  Appointment of RR 10 B & 13 on the basis of the present charge The appointment of nature on the basis of the present charge was not a development as the appointment is based on the existing charge and…

• MUHAMMAD AJMAL KHAN v. THE STATE 2003 YLR 701

  Sections 156 and 173 of the Criminal Procedure Code (CRPC) are not forbidden to re-investigate in any case even if they had submitted a previous report under section 173, CRPC Disclosing the fact, the…

• Hafiz MUHAMMAD SADIQ v. MUHAMMAD RASHID 2003 YLR 717

  Azad Jammu and Kashmir Interim Constitution Act 1974 Section 42 West Pakistan Land Revenue Act (XVII of 1967), Section 175 Rules of Azad Jammu and Kashmir Supreme Court, 1978, A XLVI, R 1 Civil Proced…

• MUJAHID HUSSAIN NAQVI v. Sardar RAFIQUE MEHMOOD KHAN 2003 PLC(CS) 725

  Section (()) of the Azad Jammu and Kashmir Interim Constitution Act (VIII of 19744), the appointment of the Chairman of the Section 43 and Service 43 Service Tribunal respondent, who was a prominent a…

• MUNIR QADIR v. CHAIRMAN, PSC 2003 PLC(CS) 743

  To maintain a written application filed in the High Court, Section 4 of the Azad Jammu and Kashmir Civil Servants (Terms of Service and Conditions) Rules, 1977, R8 AJK VIII, 1974, Sections 44 and 47. …

• Maj. (Retd.) RAFIQUE AHMED DURRANI, SUPERINTENDING ENGINEER, AJ&K UNIVERSITY MUZAFFARABAD v. VICE-CHANCELLOR, AJ&K UNIVERSITY, MUZAFFARABAD 2003 PLC(CS) 748

  Section 11 (3) (4) dismisses the employee of the University employee against whom the disciplinary proceedings were initiated, to issue show cause notices and to employ them after disciplinary proceed…

• MEHMOOB-UR-REHMAN v. AZAD JAMMU AND KASHMIR UNIVERSITY 2003 PLC(CS) 783

  Section 42 (12) and 47 of the Civil Service Post-Upgrade were rejected by the High Court on the ground that the upgrading of the post was at the discretion of the Authority and could not be issued by …

• ABDUL QAYYUM v. ADALAT 2003 YLR 786

  Criminal Code of Conduct (CR PC) Section 497 (5) of the Criminal Procedure (XLV of 1860), Rule 337A / 324 / 341/34 Pre-arrest Bail Suspects' presence at the relevant time on suspicion by the courts Al…

• AZAD J&K GOVERNMENT v. Ch. MUHAMMAD SAEED, STENOGRAPHER 2003 PLC(CS) 789

  SS, 42, 42A, 42B, 44 and 45 grant of special judicial allowance powers of the Civil Service Supreme Court of Pakistan, which has granted special judicial allowance to all its salaries and servants at …

• MUHAMMAD ILYAS v. KABIR HUSSAIN 2003 YLR 806

  Appreciating the evidence of the Azad Jammu and Kashmir Islamic Conduct Laws (Enforcement) Act 1974 Section 5 was the only witness of an 11-year-old girl whose presence was in the house and she gave h…

• SARDAR MUHAMMAD AZIM ZIA, CUSTODIAN, EVACUEE PROPERTY, AZAD JAMMU AND KASHMIR` AT MUZAFFARABAD v. NAZIR AHMED QADRI 2003 PLC(CS) 887

  Sections 6, 43 (6) and 57 Azad Jammu and Kashmir Members for Vacant Property (Terms and Conditions) Rules, 1992, rule 7 and 11 Azad Jammu and Kashmir Government Rules of Business, 1985 Azad Jammu and …

• HABIB-UR-REHMAN, SOCIAL WELFARE OFFICER, MUZAFFARABAD v. AZAD GOVERNMENT OF THE STATE OF JAMMU AND KASHMIR 2003 PLC(CS) 965

  Sections 8 and 23 of the Azad Jammu and Kashmir Interim Constitution Act (VII of 1974), section 44 set forth the development of a public servant in the same job in which he was an applicant, based on …

• IQBAL BEGUM v. AZAD GOVERNMENT OF THE STATE OF JAMMU AND KASHMIR 2003 PLC(CS) 1041

  Section 9 Delays in the appeal of the Civil Service Transfer Service for Section 4 of the Azad Jammu and Kashmir Civil Servants (Talent and Discipline) Rules, 1977, Section 5, 6 and 7 of the Azad Jamm…

• MUHAMMAD AFSAR v. BOARD OF REVENUE, AZAD JAMMU AND KASHMIR 2003 YLR 1059

  Section 3 and 5 of the Azad Jammu and Kashmir Interim Constitution Act (VII of 1974), Section 42 provides for the ownership of property in respect of government land by appellants who claim that the u…

• Mst. FOZIA NOOR v. AZAD JAMMU AND KASHMIR GOVERNMENT 2003 PLC(CS) 1180

  R 3 (1) (4) (5) Determination of quota of appointments of Sections 2 and 4 of the Azad Jammu and Kashmir Civil Servants Act (VII of 1976), was initially appointed and appointed as a Subject Specialist…

• MUHAMMAD MUMTAZ MALIK v. STATION HOUSE OFFICER, POLICE STATION KOTLI, AZAD J&K 2003 YLR 1241

  Section 42 Civil Procedure Code (v. 1908), O. VIII, R11, to repeal the Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974), Section 42, for the plaintiff who was a resident of the district …

• MAKHDOOM HUSSAIN v. THE STATE 2003 YLR 1309

  Section 497 Preamble Code (XLV of 1860), Section 302 / 337A (i), (ii) / 337F (i), (ii), (iii), (iv), (vi) / 34 bail FIR No disclosures were made five or six days after the incident, after the witnesse…

• KARAMAT HUSSAIN v. KANEEZ FATIMA 2003 YLR 1350

  The request for a bail must be heard by a Shariah Court judge who has already dealt with the matter, after hearing section 497 of the Code of Conduct (XLV of 1860), section 302/377/34. It was not in a…

• HAROON-UR-RASHID v. AZAD GOVERNMENT 2003 PLC(CS) 1484

  RR 17 and 23 Sapphire Valley Development Board Act, 1989, Sections 16 and 17 of the Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974), Section 44 and 49 Appointment Writ Petitions Appoint…

• Mst. RAFIYA LATIF v. SECRETARY EDUCATION, AZAD JAMMU AND KASHMIR 2003 PLC(CS) 1530

  Rr 4 (6) (i), (ii) and 9 of the Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974), Section 47 (3) publicity of the public servant who was initially appointed as the Junior Teacher. B15 wa…

• Mian MUHAMMAD SHAFI NAZAMI v. ABDUL SHAKOOR 2003 YLR 1638

  Article 42 Appeals to the Supreme Court's jurisdiction The new legal points may be allowed to be debated for the first time in the Supreme Court, even if it is not raised in the written statement or r…

• AZAD GOVERNMENT OF THE STATE OF JAMMU AND KASHMIR v. Sardar MUHAMMAD AZAD KHAN 2003 YLR 1693

  Section 114 reviewers may not be interested in deciding points that have already been resolved.…

• MUHAMMAD FEROZ KHAN v. MUHAMMAD RIAZ 2003 YLR 1731

  Section 417 of the Azad Jammu and Kashmir Criminal Fines (Enforcement Hood) Act 1985, sections 10, 11 and 16, the trial court convicted the accused and sentenced them, but the appellate court acquitte…

• SAID BEGUM v. PUNNU KHAN 2003 YLR 1752

  A. VII, R 1 (e) The defining principle of the case is that the events made in the Principle are considered correct and whatever is stated in the written statement, the reason cannot be sought to deter…

• MUHAMMAD AJMAL KHAN v. Syed ASIF SHAH, INSPECTOR-GENERAL OF POLICE 2003 MLD 1753

  Sections 3, 4 and 5 of the Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974), Section 45 of the Azad Jammu and Kashmir Supreme Court Rules, 1978, the AXLVII contempt of court Supreme Cour…

• Master MUHAMMAD SIDDIQUE v. THE STATE 2003 MLD 1774

  Article 15 of the Azad Jammu and Kashmir Supreme Court Rules, 1978, A XVII, R4 Conduct Rule (XLV of 1860), the record of testimony of section 341 evidence is supported, in support of the statement in …

• SARDAR KHAN v. GHULAM HUSSAIN 2003 YLR 1788

  Section 42 of the West Pakistan Land Revenue Act (XVII of 1967), [as adopted by the AJ&K], the Section 172 suit sought for the plaintiff to declare that the land consisting of various survey numbers w…

• MUHAMMAD ARSHAD v. MUHAMMAD MUSHTAQ 2003 MLD 1797

  Section 302/324/337F (iii) / 458/34/109 Criminal Code of Conduct (V9 1898), Section 190 Police confessed to being involved in two police cheats in a case after the necessary investigation by the legit…

• SHERAZ AHMED NAZ v. THE STATE 2003 YLR 1831

  Article 130 The witness was offered to present any witness in the prosecution, cited in the challan's calendar, or any of them to leave the Shariah court, while instructing the trial court on the defe…

• Mst. BARKAT JAN v. CUSTODIAN EVACUEE PROPERTY, AZAD JAMMU AND KASHMIR, MUZAFFARABAD 2003 CLC 1967

  Sections 18 and 43 (6) of the Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974), the granting of property rights to retain the 44th constitutional petition, the grant of powers of the nat…

• JAHANGIR v. THE STATE 2003 YLR 2240

  Articles 3 and 5 of the Criminal Procedure (XLV of 1860), Articles 147, 148, 149 and 109 of the prosecution witnesses were related to the deceased, but nothing was recorded to show enmity between the …

• AJAB KHAN v. MUHAMMAD RAHIM 2003 YLR 2722

  Section 4 Civil Procedure Code (v. 1908), O. VII, R II Suit, can be pre-empted with a pre-emptive right of purchase claim on a lease that lasts for a period of 125 years. I was brought in, he was on s…

• FAIZ AKBAR v. Mst. NASIM BEGUM 2003 YLR 2729

  Section 18B The independent jurisdiction of the Jammu and Kashmir Interim Constitution Act (VIII of 1974), Section 44 High Court scope surrender or relinquishing allotment restoration powers, without …

• CHIEF ADMINISTRATOR AUQAF, MUZAFFARABAD v. Major SHAHPAWAL QURESHI 2003 YLR 2741

  The Azad Azad Jammu and Kashmir Interim Constitution Act (VII44 of VIII), the appeal from the Supreme Court to section eal42 cannot be implemented by the enforcement of the legal representatives of th…

• SAEED AHMED v. THE STATE 2003 YLR 2749

  The option to acquit an accused under section 249A, 249A, was a speedy step into the original jurisdiction to immediately release the CCP from baseless allegations. Section 249A, CRPC was not created …

• ABDUR RASHID v. Mst. AKBAR JAN 2003 YLR 2775

  AXXIII, R1 Suit Restrictions The High Court has the right to exercise the jurisdiction of the jurisdiction whenever it wants to withdraw its case, but it cannot file a fresh case on the same subject u…

• MUHAMMAD RAFIQUE NAYYAR v. Raja NISAR AHMED KHAN 2003 YLR 2784

  Elections 51, Election 51 and Election 59 Election petition alleges corruption and illegal practices The provisions of section 50 and 51 51, AJA and Kashmir Legislative Assembly (Election) Ordinance, …

• Raja MUHAMMAD YOUNIS KHAN v. BAGGA KHAN 2003 YLR 2797

  O VII, R 11 (d) The plaintiff's trial court refused to dismiss the plaintiff on the basis that its contents do not reveal the reason for the proceedings and there is no possibility of success. It cann…

• AKHTAR KHAN v. SARWAR KHAN 2003 YLR 2812

  Section 100 Second Appeal The final discovery of the invasive possession fact was open to attack in the second appeal if it was not supported by any evidence or otherwise irrelevant or distorted.…

• Mst. GULZAR BEGUM v. NAZIR HUSSAIN 2003 YLR 2821

  Section 100 Second Appeal Scope When the following courts have reached a unanimous conclusion, leaving aside the relevant evidence and petitions of the parties, their conclusions cannot be allowed to …

• Messrs UNITED KASHMIR FLOUR MILLS (PVT.) LIMITED COMPANY v. GOVERNMENT OF AZAD JAMMU AND KASHMIR 2003 YLR 2835

  Article 44 Notification No FS / H 6 (19) 49 1742 2002 Dated 179 2002 Writing petition authorities had assured the applicants in the present case and on the management's assurance that the applicants i…

• TALIB HUSSAIN v. DAWOOD 2003 YLR 2891

  Section 1 43 appeal The dismissal of the appeal will result in the denial of the death of the appellant filed by the accused in connection with his conviction, as well as the appeal against his case w…

• FAZAL ELLAHI v. MUHAMMAD YAQUB 2003 YLR 2897

  Section 342, section 342, re-inspection of the provisions of the CCPC's accused was compulsory in nature if the offenses were not covered under section 342. The CRP could not even be read against the …

• SADIQ HUSSAIN v. NISAR AHMAD 2003 YLR 2918

  OVI, R 18 and Section 148 The filing of the recently amended plot period amendment to the filing of the plot shows that the interim order passed by the trial court showed that notices were issued to t…

• IRSHAD BEGUM v. Mirza MUHAMMAD HALEEM 2003 YLR 3245

  The custody of the minor's minor welfare and the father of the minor girl had remarried the minor girl and she was remarried as she was living with her grandmother six months old, according to the evi…

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