Suit for declaration—Limitation—Gift deed—Res judicata, principle of-

2020 M L D 1530 [Gilgit-Baltistan Chief Court]

(a) Limitation Act (IX of 1908)—
—-Art. 120—Qanun-e-Shahadat (10 of 1984), Art. 114—Civil Procedure Code (V of 1908), S. 11—Suit for declaration—Limitation—Gift deed—Res judicata,principle of—Applicability—Contention of plaintiff was that impugned gift deed was based on fraud—Trial Court dismissed the suit on the …

Testimony of scribe could not be equated with an attesting witness

2020 C L C 756 [Peshawar (D.I. Khan Bench)]

                         O.XXXVII, R. 2—Qanun-e-Shahadat (10 of 1984), Art. 79—Summary suit on the basis of pronote—Document, proof of—Procedure—Testimony of scribe—Evidentiary value—Expression “shall not be used as evidence”—Plaintiff did not produce marginal witnesses of the promissory note—Trial Court decreed the suit filed by the …

Qatl-i-amd—Appreciation of evidence—Benefit of doubt—Un-witnessed incident

2020 P Cr. L J Note 67

—-S. 302—Qatl-i-amd—Appreciation of evidence—Benefit of doubt—Un-witnessed incident—Last seen evidence—Contradiction in medical and ocular evidence—Scope—Accused was alleged to have murdered the deceased by causing hatchet blows—Eye-witnesses claimed to have witnessed the murder when they were going on their bicycles along with the deceased; they …

Private complaint, dismissal of—-Revision against order of Judicial Magistrate—Maintainability

P L D 2020 Sindh 94

Private complaint, dismissal of—Revision against order of Judicial Magistrate—Maintainability

Ss. 200, 203, 435 & 439—Private complaint, dismissal of—Revision against order of Judicial Magistrate—Maintainability—Procedure—Held, order having been passed under S.203, Cr.P.C., whereby direct complaint had been dismissed by the Judicial Magistrate without framing a charge …

Public servant taking gratification other than legal remuneration

2014 Y L R 1190  [Sindh]

                            S. 497—Penal Code (XLV of 1860), Ss.161, 420, 468, 471 & 34—Prevention of Corruption Act (II of 1947), S.5(2)—Public servant taking gratification other than legal remuneration in respect of an official act, cheating and dishonestly inducing delivery of property, forgery for purpose of cheating, …