Supreme Court Azad Kashmir — Judgments of 2005

67 reported judgments of the Supreme Court Azad Kashmir from 2005.

• NAZAR AHMED v. FAZAL HUSSAIN 2005 PLD 1

  Section 6 of the Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974), the abolition of Article 42 pre-emption, the meaning and evidence of any conspiracy with the purpose of depriving the W…

• ROBKAR-E-ADALAT through DEPUTY REGISTRAR v. Raja KHAWAR NAWAZ 2005 PLD 7

  Section Azad Azad Azad Jammu and Kashmir contempt of court Act, 1993, 1993, Section & Con Contempt Courts played an important role in the publishing and publishing of derogatory material, thus reducin…

• ABDULLAH v. State 2005 MLD 275

  Reglns 6 & 58 [As amended by the Azad Jammu and Kashmir Forestry Regulation (Amendment) Act (XVIII of 1994)]] Forest Protection in the Azad Jammu and Kashmir Interim Authorization Act (VIII of 1974), …

• Mir FAISAL HAMID v. Mrs. SHAMIM KHALID 2005 YLR 368

  While filing a writ petition in the High Court (Section 42 (2)), the petitioner for leave for appeal was deliberately and knowingly suppressed the fact that he participated in the test / interview wit…

• MUHAMMAD ASIF KHAN v. EHTESAB BUREAU through Chairman 2005 YLR 382

  Section 497 (2) of the Conduct Rule (XLV of 1860), Rules 467/468/471/419/420 Corruption Prevention Act (II of 1947), Section 5 (2) Accountability Act (IX of 1997), Section 10/11 The whole case of bail…

• MUHAMMAD ASIF v. MUHAMMAD ILYAS 2005 YLR 394

  Section 497 (2) Criminal Code (XLV of 1860), Section 302/341/324/34/337A Crimes Against Azad Jammu and Kashmir Property (Enforcement Hood) Act 1985, Section 17 (4) West Pakistan Arms Ordinance (1965) …

• ASIA BIB v. GHAZANFAR ALI 2005 PCRLJ 415

  Sections 307, 449, 109 and 34 of the Azad Jammu and Kashmir Islamic Criminal Law Enforcement Act (IX of 1974), Section 5 Criminal Code (V9 1898), Section 417 (2A) of the Azad Jammu and Kashmir Interim…

• MUHAMMAD RAZZAQ v. CUSTODIAN OF EVACUEE PROPERTY AZAD JAMMU AND KASHMIR, MUZAFFARABAD 2005 YLR 431

  Section 25 of the Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974), the powers of section 42 to vacate property from the authorities of the Supreme Court, to secure any evacuation under …

• MUHAMMAD SHARIF CHATTER v. COMMISSIONER REHABILITATION, AZAD JAMMU AND KASHMIR GOVERNMENT, CAMP MIRPUR 2005 CLC 457

  Section 3 Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974), Section 42 (12), Commissioner's powers for hearing on revision matters, restitution of powers contained under section 3 of AJK…

• MUHAMMAD AYYUB v. MUZAFFAR KHAN 2005 YLR 471

  Section 141414al Criminal Procedure (XLV of 1860), Section 302 / 34A Jammu and Kashmir Interim Constitution Act (VII of 1974), Rs. After the release of the accused on the bail execution of the case, h…

• Khawaja Muhammad Saeed, Actg. C.J. and Chaudhary Muhammad Taj v. MUHAMMAD ZAMAN 2005 YLR 484

  Section 44 ??? Civil Procedure Code, (v. 1908), O VII, R 3 The plaintiff for a permanent injunction had claimed that the disputed portion of the total land had been in its possession for a long time a…

• KHURSHID AHMAD v. SULTAN HABIB 2005 CLC 492

  O VII, Rr 1 (e) and 11 (a) Cause of action Meaning and scope of action Each of the actions referred to in the fact to which it relates, to support the plaintiff's own right Must prove and will mean ma…

• ABDUL LATIF SULEHRIA v. CHIEF ELECTION COMMISSIONER, AZAD JAMMU AND KASHMIR 2005 YLR 500

  Sections 5 (1) (d) (f), 5 (2) (xxiii) and 13 (6) of the Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974), Section 42 Legislative Assembly, disqualify a candidate from the Supreme Court. …

• Mst. SHAMIM AKHTAR v. MUHAMMAD LATIF 2005 YLR 534

  Section 497 (5) Appeal to the Criminal Procedure (XLV of 1860), Section 302/341 West Pakistan Arms Ordinance (XX of 1965), Section 13 Azad Jammu and Kashmir Interim Signature Act (VII of 1974), Sectio…

• MUHAMMAD RAFIQUE BUTT v. AMANAT ALI 2005 CLC 543

  Section 6 Suit Valuation Act (VII of 1887), Sections 3 and 8 of the Court Fee Act (VII of 1870), Section 7 (v) (vi) Defendant Defendants Defendant Defendants' Cost of Suit Land for Trial Pre-arrest Fo…

• BASHIR BIBI v. GHULAM RASOOL 2005 YLR 547

  Sections 17 and 25 Minor Detention Detention Minor Welfare…

• RAQUIA BIBI v. MUHAMMAD AZEEM 2005 CLC 559

  Section 6 and 21 of the Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974), Section 42 suit orders the submission of a 1/5 of the trial after the trial of the property after the trial of t…

• ARFAN HAMEED, S.D.O. MIRPUR v. SECRETARY, EDUCATION, AJ&K GOVERNMENT CIVIL SECRETARIAT, MUZAFFARABAD 2005 CLC 564

  Sections 4, Articles 15 and 17 protect against discrimination in the equality and services of state subjects All state subjects were equal before the law and were protected against Article 17 of Artic…

• Raja SARFRAZ AZAM KHAN v. State 2005 YLR 568

  Article 2302/4 324/6 50 and / Azad 34 Azad Jammu and Kashmir Interim Constitution Act (VII of the year 444), Section evidence evidence free trial trial trial, defining principles of appreciation of ev…

• MUHAMMAD AYUB v. MUHAMMAD FAZIL 2005 YLR 568

  Section 3, 7 and 41 of the Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974), the allotment of land for withdrawal of 42, was about the ground role in the disputed jurisdictional dispute …

• MUHAMMAD SIDDIQUE and others v. KARAMAT HUSSAIN 2005 YLR 614

  Section 302 West Pakistan Arms Ordinance (XX of 1965), Section 13 Rules of Azad Jammu and Kashmir Supreme Court, 1978, O XIII, R 3 (1) (i) (ii) Azad Jammu and Kashmir Interim Constitution Act (VIII of…

• MUHAMMAD ZAMAN v. ABDUL RAZZAQ 2005 CLC 689

  It is possible to set aside the preceding order or action relating to the limitation at any time before the end of the trial, O IX, R 7 Demarcation Act (IX of 1908), provided that it is applied. Withi…

• IFTIKHAR HUSSAIN KHAN v. MUHAMMAD GULZAR KHAN 2005 CLC 811

  The second appeal, based on section 100 and O XXII, R 3 adverse possession, the respondent's absence claimed that the suit land was with his grandfather and that after his death it was during his life…

• ZOHRA BI v. MUHAMMAD SALEEM 2005 YLR 896

  Section 5 and Schedule Khola Defendant's wife's desire to dissolve the marriage was said to dispute that she could not stay with her husband at any cost because she had developed strong hatred against…

• SAJID MAHMOOD v. KHALID PERVAIZ QURESHI 2005 YLR 924

  Seventh XII, R 3 Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974), section 42 was filed without a copy of the grounds of appeal within the period of appeal of the Supreme Court, which is…

• RUKHSAR AHMAD v. THE STATE 2005 PCRLJ 988

  Article 133 of the Azad Jammu and Kashmir Interim Constitution Act (VII of 1974), Section 42 and the re-examination of witnesses, the testimony of the law appealed to the Supreme Court jurisdiction Ar…

• CHAUDHARY MUHAMMAD TAJ, DEPUTY CONTROLLER, BOARD OF INTERMEDIATE AND SECONDARY EDUCATION, MIRPUR (AK v. TASAWAR HUSSAIN SULEHRIA, RESEARCH OFFICER BOARD OF INTERMEDIATE AND SECONDARY EDUCATION MIRPUR (AK) 2005 PLC(CS) 991

  Section 8 Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974), Section 42 Promotion was promoted to the appellant as Deputy Controller on the recommendation of the selection committee, but …

• MAHMOOD AKHTAR v. Syed HASSAN MUJTABA JAFFRI 2005 PLC(CS) 997

  Section 5 (2) of the Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974), Articles 42 and 44, were written quarter warrants whereby the appointment of the defendants at the University was c…

• JAHANGIR v. MUHAMMAD RASHID 2005 CLC 999

  Section 6 Civil Procedure Code (v. 1908), OX, Rr 8 and 9 of the Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974), Section 42 (11) (12) of the Supreme Court upholding illegal prosecution …

• MUNSHI KHAN v. KALA and 8 others 2005 CLC 1018

  Section 6 Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974), for contemplation of the pre-emption of Section 42, pre-emption of the suit, amounting to Rs. Rupees had given the verdict aga…

• AZAD JAMMU AND KASHMIR GOVERNMENT v. Ch. KHADIM HUSSAIN 2005 CLC 1025

  A. Twelfth, the applicant of the Supreme Court under R3 Azad Jammu and Kashmir Interim Constitution Act (VII of 197 VII), Section X42 (2) of the Azad Jammu and Kashmir Supreme Court Rules, 1978 IO XI,…

• Syed LAL HUSSAIN SHAH v. LAL MUHAMMAD 2005 CLC 1076

  R2 (c) Appeal for the approval of the amalgamated open land, which was reserved for the common purpose of the village, was passed in favor of the defendants by the Azad Jammu and Kashmir Interim Const…

• AZAD GOVERNMENT OF THE STATE OF JAMMU AND KASHMIR v. SARDAR MUHAMMAD ASHRAF KHAN 2005 PLC(CS) 1098

  Preparation of sections of the Azad Jammu and Kashmir Service Tribunal Act, 1975, Sections 6 and 7, the purpose of the Azad Jammu and Kashmir Service Tribunal Act 1975 was to hold a speedy hearing to …

• GULZAMAN AWAN v. MUHAMMAD HAYYAT KHAN 2005 PLC(CS) 1138

  Section 8, 8 of the Azad Jammu and Kashmir Interim Constitution Act (VII of 1974), Section 47 Promotional Appeal was promulgated as the Accountant B11 before the respondent to the Appellant of the Sup…

• ABDUL QAYYUM v. DIRECTOR GENERAL, ANTI-CORRUPTION AJK, MUZAFFARABAD 2005 PLC(CS) 1212

  Section 4 of the Azad Jammu and Kashmir Interim Constitution Act (VII of 1974), Section 47 (3) voluntary retirement appellant who himself transferred the application for retirement on the basis of dom…

• CHIEF ADMINISTRATOR AUQAF DEPARTMENT v. ABDUL RAUF 2005 MLD 1219

  O XXXIX, while approving the temporary injunction points while approving the provisional injunction points, the factors that had to be considered for the provisional injunction were to be considered. …

• AZAD JAMMU AND KASHMIR GOVERNMENT through Chief Secretary v. SYED MUHAMMAD AKBAR SHAH 2005 MLD 1237

  Section 80, [as amended by the Code of Conduct (Ordinance) Ordinance (XLIV of 1962]]] Filing a lawsuit against a government or a government officer The issuance of a section 80 notice object, the CPC …

• LAHB DIN v. FAZAL DAD 2005 MLD 1273

  In the dispute the gift dead land was transferred to the appellant in favor of the respondent by the executor and the variable was also affirmed in favor of the appellant The land also transferred the…

• Raja NIAZ HUSSAIN v. MUHAMMAD KHURSHID 2005 MLD 1301

  Pending criminal proceedings till the decision of the appeal of the civil suit in the Supreme Court case under Sections 7 427, 5 435 and 6 436, the case was registered against the accused / defendants…

• MOHABAT KHAN v. ROBKAR-E-ADALAT 2005 MLD 1310

  Section 25 juvenile detention wife moved a petition for custody of a minor in Family Court and her application for temporary custody of a minor was granted and she was granted a bail of Rs. 10,000 (Rs…

• MUHAMMAD YASEEN v. MUHAMMAD SALEEM 2005 CLC 1347

  A. XVIII, R 18, O XXVI, R 9 Power of Court to inspect property and appoint commission to form a local inspection court under O XVIII, R 18, CPC inspects any property or item in any case. But could not…

• MUHAMMAD ALI v. MUHAMMAD SADDIQUE 2005 YLR 1355

  Sections 53A, 54 and 58 Civil Procedure Code (v. 1908), O. IX, R 13 Specific Relief Act (I of 1877), Section 42 Declaration of Plaintiffs' Declaration and Termination, Whether Mortgage or Sale, Plaint…

• MUHAMMAD BASHIR KHAN v. MUHAMMAD IQBAL KHAN 2005 CLC 1359

  A. XXIII, R1 Fresh Suit Bar Withdrawal shall be restricted only to the fresh suit which was filed after the withdrawal of the first suit and not one which was filed and the first suit filed by the cla…

• MUHAMMAD AZAM v. ALLAH BELI alias TASSADEQ BAIG 2005 CLC 1371

  Section 164 of the Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974), Section 42 of the Board of Revenue, hundred motto power, appeal to the Supreme Court, hundred motto power of the Boar…

• MIR ZAMAN v. State 2005 PCRLJ 1371

  Sections 302 and 34 of the decision to deny the Shariah Court bail against the Azad Jammu and Kashmir Islamic Constitutional Law Enforcement Act (IX of 1974), Section 15 of the Azad Jammu and Kashmir …

• MUHAMMAD SARWAR v. SARDAR AHMAD 2005 MLD 1462

  Section 302/34 of the Azad Jammu and Kashmir Islamic Constitutional Laws (Enforcement) Act (IX of 1974) was adopted by the trial court, under which a number of the accused were recording statements un…

• State v. SHABBIR ABBASI 2005 MLD 1474

  Section 4 & When 56 When Police Can Arrest Without Nature And Scope, Under Section 54, CRPC, a police officer can arrest anyone without a warrant. Or against which a reasonable complaint has been made…

• ABDUL REHMAN v. ROBKAR-E-ADALAT 2005 PCRLJ 1514

  The appellant has accepted the arrest of the accused in the Section 514 Criminal Procedure (XLV of 1860), Section 302 bail, which is a bail for the accused involved in the double murder case, the accu…

• SUPERINTENDENT OF POLICE, DISTRICT RAWALAKOT v. SHABBIR ABBASI 2005 PCRLJ 1524

  Section 561 AHC's natural and jurisdictional power-saving section 561A, CR does not give the PC High Court a hereditary jurisdiction, it merely assumes some hereditary jurisdiction and then preserves …

• MANZOOR HUSSAIN v. AJ&K GOVERNMENT through Chief Secretary, Muzaffarabad 2005 YLR 1527

  Sections 4, 11, 18 and 54 Award to the Collector for Land Acquisition with Referee Court - Appellant Land Owners Received Compensation Amount Given by Collector Land Under Protest and Request for Acqu…

• KARAM DAD v. MUHAMMAD YOUNAS 2005 PCrLJ 1535

  Section 497 Panel Code (XLV of 1860), Section 302/324/337 A (i) / 337 A (ii) / 337 F (i) / 337 F (ii) / 427/147/148/149 Cancellation of Guarantee Not to mention, a particular injured person was accuse…

• MASHKOOR HUSSAIN SHAH v. MUNAWAR SHAH 2005 MLD 1586

  For the parties' declarations and permanent injunctions, the Section & 42 and Su Su case showed that there was no dispute about the specific survey number and all the courts had not found any dispute …

• FARMAN BI v. SAIDA 2005 YLR 1814

  The plaintiffs, along with others, for declaration, possession and cancellation of suits in Sections 8, 39 and 42 of the Limitation Act (IX of 1908), Arts 91, 95 and 120, claimed that they were the de…

• AZAD GOVERNMENT OF THE STATE OF JAMMU AND KASHMIR v. KHASMIR STEEL AND RE-ROLLING MILLS 2005 YLR 1834

  Article 52 of the Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974), Articles 42 and 44, through a writ petition between the jurisdictional consumers and the Department of Electricity, br…

• AMEER RASHAD ALI SHAH v. MUHAMMAD IMRAN 2005 PCrLJ 1875

  Section 497 (5) of the Code of Conduct (XLV of 1860), section 302/324/147/148/149/337 A (i) the cancellation of bail, in this case the denial of twenty-three persons, of which eleven persons were sect…

• TASLEEM AKHTAR v. RAMEEZ 2005 YLR 1961

  Section 497 (5) Conventional Code (XLV of 1860), Section 302/34/109 bail, the annulment of the accused was not allowed on the basis that he was not initially affiliated with the commission of murder, …

• MUHAMMAD ASLAM v. AZAD GOVERNMENT OF THE STATE OF JAMMU AND KASHMIR 2005 CLC 1979

  Section 6 of the Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974), sections 42 and 44, the petitioner of the Supreme Court of the Allotment of Land application filed a writ petition on t…

• MUHAMMAD SHAFI v. Raja IFTIKHAR ALI KHAN 2005 YLR 1989

  SSS & 35 and lit 35 All costs for damages based on unlawful litigation are in the form of a dismissal The previous trial filed by the plaintiff was in favor of the respondents and the trial court. The…

• HAKAM DEEN v. State 2005 YLR 2032

  Violation of Section 316 Criminal Code (V9 1898), Section 265C & 537 Trial Trial, trial of trial without trial by accused, without charge and supply of necessary supplies. After waiting seven days. Co…

• WASIM HUSSAIN v. FAZAL HUSSAIN 2005 YLR 2133

  Section 122 Gift Deduction Transfer of land through a gift deed whereby the land in dispute was transferred in favor of the appellant by the donor, by the respondent that the land transferred by the g…

• MUHAMMAD ASLAM v. THE STATE 2005 YLR 2155

  Sections 302 and 341 of the West Pakistan Arms Ordinance (XX of 1965), violation of Section 13 Criminal Code (V9 1898), Section 342 of Section 342, PC Remand of CR, evidence of key prosecution, namely…

• THE STATE v. IRTIZA HUSSAIN JAFFERY 2005 YLR 2182

  Section 497 (5) Crimes Against Azad Jammu and Kashmir Property (Enforcement Hood) Ordinance, 1979, Section 14 Punitive Regulation (XLV of 1860), Section 430A / 435/436/457/511 Bail, Imperial Approved …

• MASOOD HUSSAIN and 2 others v. GHAZANFAR ALI 2005 YLR 2203

  Appealing against the breach of section 307/34 evidence, the section & et al 15 Penal Code (XLV of 1860), was exaggerated and completed with material contradictions, by eyewitnesses. There was outrage…

• MUHAMMAD ASLAM v. KHURSHEED alias BAGO 2005 YLR 2258

  Section 302/34 of the Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974), appealed against the four witnesses who failed to support the section 42 trial, which relied only on circumstantia…

• ARIF HUSSAIN and others v. THE STATE 2005 YLR 2279

  There was no witness to the incident in defining section 302 of the Azad Jammu and Kashmir Islamic Conduct Laws (Enforcement) Act (IX of 1974), section 26, and the name of any person in the FIR as the…

• SHERAZ MEHMOOD v. State 2005 YLR 2467

  Section 10 (3) definition of evidence was fully explained by the delay in filing the FIR, even otherwise the delay in filing the FIR had no basis for direct dismissal of the prosecution's case because…

• PUBLIC WORKS DEPARTMENT through Secretary, P.W.D. v. Sardar MUHAMAMD AFSAR KHAN & CO. 2005 YLR 2487

  Appeal to the Supreme Court filed for damages against the Appellate Division for damages of Section 42 was heard by the District Judge in the amount of Rs 2 lakh and the Appellate Division filed the p…

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