Burden in a criminal case | Shifting of burden from prosecution to the accused

                        PLD 2020 Supreme Court 201

                     Prosecution—Burden of proof—Scope—Burden, in a criminal case, to prove the guilt of the accused was always on the prosecution—Court, in the first instance, was to discuss and assess the prosecution evidence, in order to arrive at the conclusion as to whether or not the prosecution …

Default in payment of monthly rent | Refusal of landlord to accept monthly rent

2020 CLC 14 Sindh

              Art.199—Constitutional jurisdiction of High Court—Scope—Concurrent findings of fact—Such well reasoned findings of fact could not be called in question in the constitutional jurisdiction of the High Court unless there was any jurisdictional defect or misreading or non-reading of evidence.

            (b) Sindh Rented Premises Ordinance (XVII of …

Mother’s right | Custody of minor | Alien environment | Matters to be considered by Court

2020 MLD 55 [High Court (AJ&K)]

–S. 25—Custody of minor—Alien environment—Scope— Appellant/ father assailed order of Guardian Judge whereby his application for custody of minor was dismissed—Validity—Both the parents of minor had contracted second marriage—Minor had remained with her mother from her childhood; therefore, she was more familiar and akin …

Talbs, performance of, Requirements | Non-producing of postman as witness | Revisional jurisdiction of High Court

  2017 YLR Note 98 [Lahore]

                    S. 13—Talbs, performance of—Talb-e-Muwathibat—Requirements—Plaintiff had not mentioned in the plaint the exact day, time, date and place as to when and where he performed Talb-i-Muwathibat—Effect—Preemptor should have mentioned in plaint the exact date, time, place and when and where he performed Talb-iMuwathibat as the same …

Maintenance allowance of minor child | Compromise decree | Non-payment of settlement amount

 2019 PLD Lahore 194

                       Maintenance allowance of minor child—Compromise decree—Non-payment of settlement amount—Suit for recovery of maintenance was decreed in favour of respondent against petitioner who were divorced husband and wife—Matter was settled between the parties against a sum of Rs.150,000/- as full and final settlement of maintenance amount which …

Reopening of inquiry | Exercise of powers

P L D 2020 Lahore 191

Reopening of inquiry—Exercise of jurisdiction—Principle—Petitioner was aggrieved of reopening of inquiry which was previously closed by National Accountability Bureau (NAB)—Validity— Without bringing on record any fresh ground or to dig out any truth, inquiry was reinitiated on same allegations issued by the Authority—Reasons and …

Suit for declaration and permanent injunction—Question of fact

2020 CLC Note 7 [Supreme Court (AJ&K)]

– Suit for declaration and permanent injunction—Question of fact—Appeal to Supreme Court—Scope—Plaintiffs contended that defendants were not entitled to inheritance from the estate of deceased—Suit was dismissed concurrently—Validity—Findings recorded by the Courts below being question of facts were not open to interference by …

Service Tribunal | Bar of jurisdiction | High Court | Free Law Library

2020 PLC (C.S.) 268 Sindh High Court

                 Petitioner sought direction for issuance of posting order—Bar of jurisdiction contained in Art.212 of the Constitution—Effect—Petitioners filed appeal before Service Tribunal but same was dismissed and thereafter present constitutional petition had been filed—Held, High Court could not entertain grievance of petitioners in view …