Supreme Court — Judgments of 1963
70 reported judgments of the Supreme Court from 1963.
- G. S. GIDEON, ADVOCATE v. THE STATE 1963 PLD 1
(b) During the hearing of the case in the High Court, the criminal contempt counsel of the contempt court raised his voice twice and the contempt of court records or superior courts have jurisdiction …
- MUHAMMAD AND OTHERS v. THE STATE 1963 PLD 23
The Advocate Attorney Advocate receives instructions from the lawyer who is in contact with the client attorney who is engaged in counseling to represent the client Advocate appearing on behalf of ano…
- WASIULLAH v. MIRZA ALI AND OTHERS 1963 PLD 25
Special leave to appeal to the Supreme Court for examining this question: Does ocular evidence (murder case) require any kind of coordination, which the High Court deems it their duty to seek constitu…
- MST. REHMAT BAI AND ORHERS v. CUSTODIAN OF EVACUEE PROPERTY, SOUTH ZONE, KARACHI AND ANOTHER 1963 PLD 29
Pakistan (Advocate of Iquake Property) Act, 1957 Pakistan (Administration of Iwaki Property) Act (XII of 1957), the construction of the transfer of vacant property for sale of section 21 was implement…
- ROSHAN ALI KHAN v. THE STATE 1963 PLD 34
The Pakistan Penal Code (XLV of 1860), under section 333 and 325 of section 5 to5 generally required for the extension of the offense, attacked a public servant demanding more money than he received f…
- NOOR MUHAMMAD v. THE STATE 1963 PLD 38
Pakistan Penal Code Penal Code (XLV of 1860), Part 161 bribery not given to partisans criminals in connection with the crime…
- AHMAD KHAN v. THE STATE 1963 PLD 45
Criminal Procedure Code (CR PC) read with the Criminal Procedure Code (V of 1898), section 209 section 253? Comment Case? Order to discharge a magistrate under section 253, not suitable criminal code …
- GHULAM HAIDER AND OTHERS v. KARIM BAKHSH AND ANOTHER 1963 PLD 46
Bail Supreme Court does not intervene in extraordinary circumstances in the protection of bailouts where denial of bail may result in severe unlawful action, clear misconduct of process, or gross inju…
- DILDAR AND ANOTHER v. THE STATE 1963 PLD 47
Criminal Procedure Code (CR PC) Criminal Procedure Code (V9 1898), Section 514 Guaranteed Bond Discontinuity Balance Assessing Non-Defamatory and Unlawful Severity The extent to which this bond should…
- SYED ALI NAWAZ GARDEZI v. LT.-COL. MUHAMMAD YUSUF 1963 PLD 51
Muslim Family Law Ordinance 1961 The Muslim Family Law Ordinance (VIII of 1961), Sections 1 (2), 3, 5 and 6 apply to Muslim citizens. The scope of this sentence applies even when both spouses are Musl…
- FATEH KHAN AND OTHERS v. THE STATE 1963 PLD 89
Punishment (death) (fifty two wounds to the victim) (brutally beaten) (use of spears, hesitation, sutas) (breath, the accused was sentenced to death) (less than three people punished for life imprison…
- PIR BADSHAH AND ANOTHER v. THE STATE 1963 PLD 93
Frontier Crimes Regulation 1901, Frontier Crimes Regulation (III of 1901), Section 1L and 14 Discharges under Section 209, Trial under Criminal Procedure Code (V of 1898) Section 11, Frontier Crimes R…
- SULTAN KHAN v. TAJ DIN AND NINE OTHERS 1963 PLD 97
Special leave was given to the informants to appeal to the Constitution of Pakistan 1956, this case should be investigated in view of some features of the evidence (murder case).…
- MST. HAMIDA BANO v. ASHIQ HUSSAIN AND 1963 PLD 109
The Pakistan Panel Code (XLV of 1860) reading section 141 with section 34A may be unnecessary at any stage after the assembly. Joint action does not necessarily mean that such action should be perform…
- PERUMAL v. THE CENTRAL GOVERNMENT OF PAKISTAN 1963 PLD 127
The Pakistan (Advocate of Equity Property) Act, 1957, is read with Section 43A Section 22 of the Pakistan (Administration of Equity Property) Act (1957), even if the tribunal's reference is to be quot…
- PAKISTAN TEXTILE MILL-OWNERS\' ASSOCIATION, KARACHI AND TWO OTHERS v. ADMINISTRATOR OF KARACHI AND TWO OTHERS 1963 PLD 137
Section 96 (2) (b) of the City Municipal Corporation Act (XVII of 1933), the terminal tax equipment which is conveyed to a mill located outside the tax area, which is brought by railway in such area \…
- TAHIR ALI AND OTHERS v. CHIEF JUDGE, KARACHI SMALL CAUSES COURT AND ANOTHER 1963 PLD 147
Karachi Rent Restriction Act 1953 Karachi Rent Restriction Act (VIII of 1953) Section 15 (1) read with Section 12 (2), Limitation Act (IX of 1908), Application for Review of Chief Judge, Small Causes …
- ALI ZAMAN v. THE STATE 1963 PLD 152
Pakistan Penal Code Panel Code (XLV of 1860), Sections 307 and 308 The responsibility for breaking the violence remains equally for the complainant and the accused parties, all of a sudden a quarrel w…
- MUHAMMAD KHURSHID v. THE STATE 1963 PLD 157
Evidence Act 1872 An attempt was made to present the judgment in another criminal care read with the Evidence Act (1 of 1872), sections 43, sections 8, 11 and 155 to provide evidence that the witnesse…
- FINE TEXTILE MILLS LTD., KARACHI v. HAJI UMAR 1963 PLD 163
Civil Procedure Code Order XXXVII Civil Procedure Code (v. 1908), and XXXVII, read with R3 R2 (2) on CPC devices (for suit on negotiating device). Summary Procedure) showing or showing defendant's aff…
- THE ATTORNEY-GENERAL OF PAKISTAN 1963 PLD 170
The contempt of court case The contents of the petitions filed by the Supreme Court, which were published by the newspapers, are in the nature of blasphemy for the High Court in contempt of the High C…
- THE MANAGING COMMITTEE OF CO-OPERATIVE MODEL TOWN SOCIETY LTD v. KH. MUHAMMAD IQBAL 1963 PLD 179
The leave to appeal to the Supreme Court was allowed to consider special leave (1) whether in the absence of the Appellate Board constituted under the constitutional rules of the cooperative society, …
- THE PROVINCE OF EAST PAKISTAN AND OTHERS v. M. AMIR HUSSAIN 1963 PLD 185
Compulsory retirement appointment of public servant was approved by authority (DPL), not available through writ petition on provincial government directive Relations between department head and chief …
- KERAMAT ALI AND ANOTHER v. MUHAMMAD YUNUS HAJI AND OTHERS 1963 PLD 191
The Bengal Agricultural Lenders Act, 1936, with the Bengal Agricultural Lenders Act (VII of 1936), Section 40A read with section 40 (6) that the final scope of the Debt Settlement Board Award is in re…
- MASUDUL HASSAN v. KHADIM HUSSAIN AND ANOTHER 1963 PLD 203
While writing that Mandamus issues the legal right of the applicant to seek the performance of respondents to the Legal Duty Constitution of Pakistan (1956), Article 170 considers the validity of the …
- COMMISSIONER OF INCOME-TAX, EAST PAKISTAN, DACCA v. MUHAMMAD ABDUR RAUF KHAN 1963 PLD 209
Income Tax Act 1922 Income Tax Act (X22 of 1922), section 4 (3) (i), applied by a religious or charitable organization for self-business, trust, requires the applicable business to be satisfied in tru…
- MUHAMMAD RAFIQUE v. THE STATE 1963 PLD 226
Constitution of Pakistan 1962 Constitution of Pakistan (1962), Article 58 (2) (b) The High Court certifies under Section 376 of the Code of Criminal Procedure (V9 1898), sentenced to death by a Sessio…
- MAHMUDUL HAQUE v. THE CONTROLLING AUTHORITY, S. D. O. (NORTH), CHITTAGONG AND ANOTHER 1963 PLD 233
The Basic Democracy Order 1959 was read with the Basic Democratic Order (18 of 1959), section 25 (2) (a) Second Schedule, Part II, Section 2 (f), removing disqualification from the government job for …
- MUHAMMAD SAMIULLAH KHAN AND ANOTHER v. THE STATE 1963 PLD 237
Criminal Procedure Code (CR PC) Criminal Procedure Code (V9 1898) Unlike section 561A & 439 section 555A, 5 1 431 abuse of judicial jurisdiction under section 561A is not accessible where other expres…
- SARSHAR ALI v. ROBERTS COTTON ASSOCIATION LTD. AND ANOTHER 1963 PLD 244
Contract Act 1872 The Contract Act (IX of 1872), Section 237 expressly authorizes the agent to enter into the contract, although in fact he has no such authority, in the agency contract the agent has …
- TOFAZZAL HOSSAIN AND OTHERS v. THE PROVINCE OF EAST PAKISTAN AND OTHERS 1963 PLD 251
East Bengal State Acquisition and Tenancy Act 1950 The East Bengal State Acquisition and Tenancy Act, 1950 (XXVIII of 1951), section 20 (2) (a) (b), which was amended by the acquisition and tenancy of…
- GHULAM MUHAMMAD v. SULTAN MAHMUD AND OTHERS 1963 PLD 265
Civil Code 1908 Rule Rule (V of 1908), Section 11, Various Explanation Suits for Redemption and Possession (Both relief given by decision but excluded from joining the Decree) It is not barred by S. E…
- GHULAM MUSTAFA SHAH v. PAKISTAN AND OTHERS 1963 PLD 268
After the outstanding payment of the salaries of the civil servants, the claim was dismissed by the Divisional Superintendent on the power of the salaries (Government Employees: Railway Employees) rul…
- THE STATE v. NAWAB GUL 1963 PLD 270
Special leave allowed for appeal to the Supreme Court to consider the point of view of the law on which the High Courts Constitution of Pakistan (1956), Article 160…
- THE COMMISSIONER OF INCOME-TAX, CIRCLE II, KARACHI v. MESSRS HUSSAINI (WAQF-ALAL-AULAD) 1963 PLD 277
The change in the income of the trust under section 41 (1) of the Income Tax Act, 1922, does not necessarily lead to the conclusion that the beneficiaries / shares are non-exempt when they are subject…
- DOST MUHAMMAD v. THE STATE 1963 PLD 285
Punishment (murder) Dead, innocent alien, merely asking the accused to stop pursuing his desired victim \ close knife \ and asking for the victim's indiscriminate assault (a fatal injury to the abdome…
- RASHID TEXTILE MILLS LTD., KARACHI v. THE RASHID TEXTILE MILLS BRANCH COMMITTEE OF THE KARACHI TEXTILE LABOUR UNION AND OTHER?S 1963 PLD 293
Explanation read with the Factories Act 1934 Factories Act (XXV of 1934), Section 49B, Section 49A (2) Section 49B Writing, managing, or contracting any maximum or standard holiday, under section 49A …
- THE PROVINCE OF EAST PAKISTAN v. DR. AZIZUL ISLAM 1963 PLD 296
Signature (Document Verification Index) Order for acquisition of property by section 3, East Bengal (Emergency) Act (X111 of 1948), read with RR 2 and 3, East Bengal (Emergency) Property Rules Approva…
- HAJI FATEH MUHAMMAD v. MAULA BAKHSH AND OTHERS 1963 PLD 311
The Homeless Persons (Compensation and Rehabilitation) Act, 1958, the former Part Order of the transfer by the Deputy Settlement Commissioner in favor of one of several claimants for the Homelessness …
- VAGINA SILK MILL, LYALLPUR v. THE INCOME-TAX OFFICER, A-WARD LYALLPUR AND 1963 PLD 322
Income Tax Act (XI of 1922), section 34 (2) read with section 2 (17), limits the assessment of income to four years each of the twelve months from 1 4 1958 to 30 6 1959, According to the new definitio…
- MST. MAHBUB FATIMA AND OTHERS v. THE ADMINISTRATOR OF THE (CITY CORPORATION) OF THE LAHORE 1963 PLD 333
The Land Acquisition Act 1894 reads with the Land Acquisition Act (I9 1894), section 18 (3) section 9 and section 2, and with the Land Acquisition (Punjab Amendment) Act (XII of 1954), the words of se…
- DIVISIONAL SUPERINTENDENT, N. W. R., LAHORE v. MUHAMMAD SHARIF, BOOKING CLERK, N. W. R. GUJRAT 1963 PLD 340
Wage Payment Act 1936 The Payment of Wages Act (IV of 1936), Section 2 (vi) Wages do not mean that the wages paid are ready and ready for employee service but the employer has no opportunity to offer …
- MST. BASSO v. THE REHABILITATION COMMISSIONER (LAND), WEST PAKISTAN, LAHORE, AND 1963 PLD 347
According to the procedure laid down by para 46 (Sharia), the resettlement scheme (Punjab), Para 46 demonstration / right-handers and the owners of deceased refugees deceased, detainees / asylum seeke…
- THE HOWRAH TRADING CO., (PRIVATE) LTD v. THE COMMISSIONER OF INCOME-TAX, EAST PAKISTAN 1963 PLD 352
Section 42 of the Income Tax Act, 1922, section 10 (2) (iii) of the Income Tax Act, reads that the profits received from Pakistan by the Asisi in Pakistan are estimated as profit. Is given to its lend…
- MUHAMMAD AKRAM AND OTHERS v. THE STATE 1963 PLD 373
The Frontier Crimes Regulation 1901 reads with the order of the Commissioner of F section 60 under Section 50 Section 50, Frontier Crimes Regulation (III of 1901), in any case not enforceable to the H…
- IMTIAZ AHMAD v. GHULAM ALI 1963 PLD 382
West Pakistan Local Councils (Office Assumption) Rules 1960 West Pakistan Local Council (Office Assumption) Rules, 1960, r 7 Prior to the election of the council chairman, the oath of the members was …
- MUHAMMAD AFZAL v. THE COMMISSIONER, LAHORE DIVISION AND 1963 PLD 401
Martial Law Order 1962 (Zone B) No. 111 Martial Law Order (MLA Zone B) No. 111 (about removing timber and bamboo shops from a particular location in Lahore to a specific market) Martial Law Order (ML)…
- BOARD OF REVENUE, WEST PAKISTAN THROUGH THE SECRETARY, BOARD OF REVENUE, LAHORE v. MALIK KHIZAR HAYAT KHAN TIWANA 1963 PLD 423
Punjab Land Revenue Act, 1887 Punjab Agricultural Income Tax Act (VII of 1950), Sections 2 (2) and 11 (3) of the Expression of Land Revenue (Prosperity) of Punjab Land Revenue Act (XVII of 1887), Sect…
- ABDUL HAMID v. THE PROVINCE OF WEST PAKISTAN 1963 PLD 460
Government Employee (Service Agreement) 3 Months Supply Notice of Termination by either Government employee, applying for release under R4, instead of this notice, West Pakistan Civil Service (Request…
- SH. MUHAMMAD IKHLAS AND OTHERS v. MUHAMMAD ISMAIL 1963 PLD 466
Additional proofs of appeal for additional evidence of appeal to the original rules of the CPC CPC must be stated for reasons. Repeating the words of sub-rule (1) should not be a sufficient cause, whi…
- PARESH NATH SIKDAR v. ABDUR RAHMAN JAMADAR AND OTHERS 1963 PLD 473
The East Bengal Non-Agricultural Tenancy Act (XXIII of 1949), Section 24 (1) questions whether the transfer falls under section 24 (1) and so is related to the vacancy related to the jurisdiction. Pro…
- MIAN MAHMUD ALI QASURI AND OTHERS v. THE STATE 1963 PLD 478
The condition of the ban on bail bail, the person who accepts the bail shall refrain from the repetition of the offense with which he has been charged cannot be included in the bail bonds. Bail bail F…
- MR. FAZLUL QUADER CHOWDHRY AND OTHERS v. MR. MUHAMMAD ABDUL HAQUE 1963 PLD 486
Article 104 (1) as amended by the Elimination of Difficulties (Appointment of Ministers) Order (34 of 1962), which was intended by the President under Article 224 (3), Constitution of Pakistan (1962) …
- COMMISSIONER OF INCOME-TAX, EAST PAKISTAN, DACCA v. MUHAMMAD ABDUR RAUF KHAN 1963 PTD 517
The Income Tax Act 1922 section 4 (3) (i), the title of self-business, trust, does not show any necessary sense that the institution is required to be satisfied with the applicable business that is do…
- BUDHO AND OTHERS v. GHULAM SHAH 1963 PLD 553
The Civil Procedure Code Order VI of the CPC General Code, generally O VI, r 2 The statement of claim, whether the defendant should settle, depends on the facts from which the particular facts are app…
- IKRAM BUS SERVICE AND OTHERS v. BOARD OF REVENUE, WEST PAKISTAN, 1963 PLD 564
Section 44 (3), (4), 47 and 57 applicants for the West Pakistan Motor Vehicles Act, 1939, and the RTA of the restricted companies received by the Provincial Transport Authority as per the direction of…
- PARESH CHANDRA BISWAS AND OTHERS v. TAPEN KANTI CHOUDHURY AND OTHERS 1963 PLD 598
Appeal filed against Single Judge High Court decision for special leave for special court appeal against High Court order denying fitness certificate of litigation Patent Appeal Supreme Court Rules, 1…
- PROVINCE OF WEST PAKISTAN THROUGH SECRETARY, REVENUE BOARD, GOVERNMENT OF WEST PAKISTAN, LAHORE AND v. MURREE BREWERY CO. LTD., RAWALPINDI, THROUGH ITS CHAIRMAN, S. R. JARIWALA 1963 PLD 605
The pricing of beer x brewery read with Punjab Excise Act 1914 section 59 (f) (iii) section 21 (d) (10) may be only under section 21 (d) (10) and not section 59 (f) ) Under (iii) sub-section (10) of s…
- MUHAMMAD NAWAZ KHAN v. GHULAM FARID AND ANOTHER 1963 PLD 623
Basic Democracy Order 1959 Basic Democratic Order (18 of 1959) Article 39 Business, election of chairman local council includes power term business in West Pakistan Basic Democracy (election of chairm…
- THE COMMISSIONER OF INCOME-TAX, CIRCLE II, KARACHI v. MESSRS HUSSAINI (WAQF-ALAL-AULAD) 1963 PTD 625
Section 41 (1) of the Income Tax Act 1922 does not necessarily alter the income of the trustee so that the beneficiaries' shares are non-deductible when they have to be divided equally according to th…
- PAKISTAN (THROUGH THE SECRETARY, MINISTRY OF REHABILITATION, GOVERNMENT OF PAKISTAN, RAWALPINDI) v. MUHAMMAD YAQOOB BUTT AND OTHERS 1963 PLD 627
The government's tort liability for its harassing activities. Jobs Compared to English as the English Law of the Crown of England The government is quite different from Pakistan's freedom of expressio…
- NAGINA SILK MILL, LYALLPUR v. THE INCOME-TAX OFFICER, A-WARD LYALLPUR 1963 PTD 633
Income Tax Act 1922 Section 34 (2) Section 2 (17) read with Income-avoidance Assessment 4 years Year 1 4 1958 to 30 6 1959, New definition of fifteen months year which is section 2 (17). Is given in t…
- SH. RAHMATULLAH v. THE DEPUTY SETTLEMENT COMMISSIONER, CENTRE `A\' KARACHI AND OTHERS 1963 PLD 633
Amendments to the Homeless Persons (Compensation and Rehabilitation) Act, 1958, and Sections 3, 4 and 10 (2) [as amended by the Homeless Persons (Compensation and Rehabilitation) (Amendment Ordinance …
- THE HOWRAH TRADING Co., (PRIVATE) LTD. v. THE COMMISSIONER OF INCOME-TAX, EAST PAKISTAN 1963 PTD 644
Section 10 (2) (iii), section 42 of the Income Tax Act, 1922, provides that the profits collected in Pakistan on the money brought by India in Pakistan by the Ascii on the money levied by such lenders…
- MANZUR-UL-HAQ v. CONTROLLING AUTHORITY, LOCAL COUNCILS, MONTGOMERY ADD OTHERS 1963 PLD 652
The Basic Democracy Order 1959 Arts 25, 15 (2) and 12 (5) (b) of the District Council have no provision in the Order or Rules for the removal of public members, however, as a regular member, The counc…
- EAST AND WEST STEAMSHIP CO. v. QUEENSLAND INSURANCE CO. 1963 PLD 663
The Transfer of Property Act 1882 (I82 of I82), Section 135A along with Section 130A, Section 91, 92 and Section 6 (e) Marine Insurance have paid damages to the insurers, they themselves are the Tortu…
- BADRUL HAQUE KHAN v. THE ELECTION TRIBUNAL, DACCA 1963 PLD 704
Representation of the People's Act (XXXI of 1957), Article 116 of the existing law, which means under Article 225, Constitution of Pakistan (1962) (by majority: Cornelius, Chief Justice, Section A Reh…
- AHMAD v. THE STATE 1963 PLD 737
Pakistan Penal Code (XLV of 1860), sections 397 and 398 words use any deadly weapon in section 397 under section 398 under the provisions of section 397, committing a robber while committing a robbery…
- SHAMSHAD v. THE STATE 1963 PLD 740
Pakistan Penal Code Penal Code (XLV of 1860), Sections 300, Exceptions 2, 302 and 304, Part 1 No evidence of right defense except in the prosecution's prosecution and defense version of the court's st…
- BOARD OF REVENUE, WEST PAKISTAN THROUGH THE SECRETARY, BOARD OF REVENUE, LAHORE v. Malik KHIZAR HAYAT KHAN TIWANA 1963 PTD 765
Sections 2 (2) and 11 (3) of the Total Land Revenue Income Tax Rate (Prosperity) Punjab Land Revenue Act (XVII of 1887), Section 48 (4) Taxation Regulations Minor Canal Act (1905) III) of the North In…
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