30/12/2023
Ss. 22-A, 22-B, 173 & 540---Constitution of Pakistan, Art. 199---Constitutional petition---Reinvestigation---Ex-officio Justice of Peace, jurisdiction of---FIR was registered and investigation was conducted on the complaint of petitioner---Petitioner was not satisfied with the investigation, preferred an application before Ex-officio Justice of Peace for direction to reinvestigate the matter---Ex-officio Justice of Peace dismissed the application---Validity---Door of investigation could never close on submission of police report before court and it remained open for discovery of true facts even during course of trial---Petitioner approached wrong forum, who instead of applying to Trial Court for the purpose, approached Ex-officio Justice of Peace---Petitioner should have approached the Trial Court to get examined crime weapon with recovered empties and for production of witnesses who were not associated with the investigation---Sufficient powers were available to Trial Court under the purview of S. 540, Cr.P.C.---Petitioner having failed to avail remedy provided by law, High Court declined to interfere in the matter as no illegality or irregularity was pointed out---Petition was dismissed in circumstances.
2016 PCrLJ 76
Hearing of arguments before disposing a case is not necessary for court .
2010 SCMR 1119.
Mst. Gulshan Bibi etc & others Vs Muhammad Sadiq & others.
C.P No 41 of 2008 and C.A.No 2054 of 2007&1208 of 2015.
Larger Bench of Supreme Court of Pakistan conclusively held that scope and application of Illegal Dispossession Act 2005 is not limited to Land Mafia and Qabza group only. Anyone found committing the offence described in S. 3 of act would be liable to prosecution under the provisions of the said act and no past record of the accused needs to be gone into by the Court. Judgements of Mr. Justice Asif Saeed Khosa PLD 2007 LAH 231 & PLD 2010 SC 661 and another earlier judgement of Supreme Court 2012 SCMR 1533, restricting the scope and application of act were over ruled while 2009 SCMR 1066, 2012 SCMR 1254 & PLD 2010 SC 725 were approved
اگر مالک.جایداد دو مختلف افراد سے اپنی جایداد کی فروختگی کا معاھدا کر لیتا ھے تو مالک جایداد کے خلاف فراڈ کی بنا پر ایف أی أر بھی درج ھوسکتی ھے نیز مالک کے خلاف دیوانی مقدمہ میں دونوں خریدار فریق مقدمہ ھونگے اور اگر دونوں خریداروں کا معاھدا ثابت ھوتا ھے تو پہھلا خریدار جایداد لینے کا حقدار ھوگا.
ملاحظہ ھو.
P.L.D 2009 kar 382.. 2013 S.C.M.R 1600
Co sharer would be considered to be in possession of each and every inch of un-partitioned land according to his share.
2016 S.C.M.R P-910
2007 S.C.M.R P-1884
2005 S.C.M.R P-1335
1998 S.C.M.R P-1589
1994 P.L.D S.C P-336
1992 S.C.M.R P-138
1989 S.C.M.R P-130
Section.115..CPC ..ARTICLE 79..Q.S.O.1984.Revisional jurisdiction....
Power of High Court to set-aside illegal findings of court below rather then remanding the case
SCMR.2016.986
2009 SCMR 141
Accused was in jail for the last over eight months---Not a single witness had so far been examined.- Formalities of SS. 173 and 344, Cr.P.C. had not been complied with and challan against the accused had not been submitted within the stipulated period, resulting in grave miscarriage of justice---Material on file did not make out any offence against the accused.- Charge having been framed by Trial Court was no bar in the way of quashment of proceedings.- F.I.Rs were quashed.
Amendment in written statement can be accepted even after a long period on controverted question.
P.L.D 1992 S.C P-180
Non-applicability of 311 PPC in Case of Compromise under 345 CrPC:
In this case, after conclusion of compromise under 345 CrPC between the complainant and the convicts for an offence under 302(b), the High Court pronounced the punishment of the convicts under 311 PPC instead of acquitting them. The court was of the view that the present case was of the nature which fell within the definition of fasad-fil-arz, because the accused persons acted in a brutal manner and the crime committed was outrageous to public conscious, therefore, the convicts could not go without any punishment. It was argued before the Supreme Court that once a compromise has been arrived between the parties under 345 CrPC, then the court would have left with no option except to exanorate the convicts of the charge and the provision of 311 PPC could not be resorted to for punishing them. The court held that 311 PPC was attracted in cases punishable with 'Qisas' exclusively and not in cases punishable under 302(b) as 'Tazir'. And when a compromise was concluded in an offence punishable as 'Tazir', the High Court was not justified in law to convert the punishment of the convicts to 311 PPC instead of acquitting them. Thus the High Court had committed a legal error in sentencing the convicts under 311 PPC and consequently, the appeal was allowed for acquitting them.
Iqrar Hussain v State (2014 SCMR 1155)
Now, order under section 22A and 22B of Cr.P.C. is a judicial order according to the latest view by supreme court..
--
PLD 2016 SC 581
All sentences must be run concurrently.
S.C.M.R 2001 P-84
S.C.M.R 1986 P-1573
P.Cr.L.J 1997 P-118
Last possession of vehicle is solid ground for superdari.
2004 PLD Peshawar 91,
2001pcrlj428,
2005 scmr 735.
Report of local commission cannot be challenged when it was appointed with consent of the parties.
2009 SCMR 594
A divorced lady is entitled to get her share in estate of her husband if husband died during iddat period.
PLD 1974 SC 22
1998 SCMR 181
Denial of relationship as tenant and landlord. .....
requirements
CLC(Notes)2016 Lah 48
Dissolution of Marriage Before Consummation:
If 'Rukhsati' has not taken place then there is no obligation on wife to observe 'iddat' and she is free to marry immediately. The same principle has been provided in Section 275 of Muhammadan Law by Sir Dinshah Fardunji Mulla.
It follows that there was no obligation on the husband to maintain wife in such situation as such she is not entitled to any maintenance as well even for 'iddat' period.
(PLD 2014 Peshawar 226)
S. 342---Evidence---Conviction and sentence---Scope---Piece of evidence not put to an accused during his/her examination under S.342, Cr.P.C., could not be used against him/her for maintaining conviction and sentence.
2016 SCMR P-267 SUPREME COURT
Paternal Grandfather is bound to maintain grandchildren if Judgment debtor/ father avoided to do so.
PLD 2012 Lahore 148
ﺍﮔﺮ 90 ﺩﻧﻮﮞ ﮐﮯ ﺍﻧﺪﺭ ﺍﻧﺪﺭ ﺍﭘﯿﻞ ﮐﺎ ﻓﯿﺼﻠﮧ ﻧﮩﯿﮟ ﮐﯿﺎ ﺟﺎﺗﺎ ، ﺗﻮ ﺟﺎﺭﯼ ﮨﻮﻧﮯ ﻭﺍﻻ ﺣﮑﻢ ﺍﻣﺘﻨﺎﻋﯽ ﻓﺎﺭﻍ ﺗﺼﻮﺭ ﮐﯿﺎﺟﺎﺋﮯ ﮔﺎ ﺍﻭﺭ ﻣﻼﺯﻡ ﺑﺤﺎﻝ ۔۔۔
-2012 PLC - 299
Malik Manzoor Hussain Vs. Punjab Labour Appellate Tribunal (Lahore
Cheque as security:
S.489-F-PPC, cheque issued as a security recovery of amount could not be effected in criminal proceedings, Before arrest bail confirmed.
2016 P.Cr.LJ P-769 Lhr
Recovery is only corroborative piece of evidence..
"Absence of recovery is not material to disbelieve prosecution case where prosecution otherwise has proved its case"
2016 PCr.LJ Sindh.
An accused of sec. 430 PPC cannot be challenged u/s 379 PPC as 379 PPC is not applicable in a case of canal diminution of water.
(S. 430, 379 PPC / PLD 1997 Lah. 689
Case of prima facie there is only recovery of stolen goods from the petitioner and as Case does not fall under prohibitory clause. Bail allowed.
(S. 419, 420, 411 PPC / PLJ 2000 Pesh. 1028)
Bail granted on compromise in non- compoundable offence.
(S. 365/34 PPC / 2009 SCMR 448) (S.457, 380 PPC / PLJ 2000 Cr.c Pesh. 401)
Civil suit is pending before civil court. Bail granted.
(Ss. 468, 471, 420 PPC)
2007 SCMR 1546
2005 YLR 475
2008 YLR 778
2008 YLR 732
2008 YLR 2953
Two kinds of abscondence
(I) in which destroy prosecution evidence
(ii) abscondence to save himself from harassment of police, no evidence of destruction of evidence. Bail Allowed. (u/s 324, 430, 425, 34 PPC)
PLD 2007 (Kar)127
2009 YLR 816
Complainant initially had nominated the accused in FIR but later on through an affidavit he had expressed has satisfied with regard to the innocence of accused and did not want to proceed with matter. Further inquiry. Bail allowed. (u/s 365/34 PPC)
2009 SCMR 448
Not nominated in the FIR no featured description in FIR only recovery of stolen car from the possession of the petitioner does not make the petitioner on accused of theft.
(S. 381 A PPC / 209 YLR 106 Kar.)
Plea not raised in written statement
Effect."If plea not raised in written statement , could not be allowed to be raised subsequently"
ORDER.VIII. RULE.2.C.P.C.
Plea not raised in written statement.
(2016.YLR.PESH.38.)
Relevant Law
Sec.27(b)specific relief act 1877
Sections 41 &53A transfer of property act 1882
Section 48 registration act 1908
Relevant Case Laws...
1980 CLC 1450...
PLD 2011 SC 296....
2014 MLD 677...
2010 SCMR 18....
PLD 1976 SCMR 489...
2003 CLC 138...
2012 SCMR 84...
PLD 2003 SC 494...
PLD 2004 SC 465.....
2010 SCMR 18....
PLD 2011 SC 296....
2010 SCMR 988.....
2010 SCMR 988.....
2010 SCMR 988....
2008 SCMR 1201....
2008 SCMR 352...
PLD 1977 SC 25...
2009 SCMR 1091...
AIR 1932 PC 228....
PLD2011 SC 296 ...
2012 SCMR 345 .....
PLD 1974 BJ 25...
PLD 1969 Lah 762...
2003 CLC 1052...
1992 SCMR 652....
AIR 1960 Madh pra.3...
6 September ·
National Identity Card is sufficient unless rebutted by documentary evidence....
2011 SCMR P-837
Any document can be proved through two witnesses, the document shall not be used in evidence without attesting witnesses about its ex*****on.
Art. 79 QSO 1980
2016 SCMR 986
2008 SCMR 1454...
Justice of peace can initiate contempt proceedings
PLD 2016 SC P- 581
Abscondence alone is not sufficient ground for cancellation of bail
2016 SCMR 676
Co-Sharer in Shamlat Deh. Held could not disposes the other without partition.
2015 M.L.D P-145
The case was patently time barred. can be rejected u/o 7 rule 11 without recording of evidence.
2016 S.C.M.R P-910
Bail Granted. 489-F case does not fall within the ambit of prohibitory clause and does not fulfill the fundamental elements.
2013 SCMR P-51,
2014 SCMR P-1032,
2014 CrLJ Cr.C P-66,
2011 SCMR P-1708,
2009 PCrLJ P-1418,
2009 SCMR P-1488
Advocate identifying surety for bail on the basis of National Identity Card. The surety turned out to be a fake person. The Advocate was asked to submit his explanation, by the trial Court. The explanation was not accepted and the Court directed that a complaint be lodged against the Advocate in the concerned Police Station. High Court held that the Advocate had not given personal undertaking that he would be personally liable if surety turns out to be a fake person. The impugned order was held to be an abuse of the process of the Court and quashed.
PLJ 1994 Cr.C. (Kar.) 312
Dying declaration:
Has a degree of sanctity but the case ought to have been considered in all its physical environment. PLD 1970 S.C. 13. Incomplete not admissible. PLD 1949 P.C. 299. All the eye-witnesses present in the hospital. PLD 1970 S.C. 406. Dying declaration can be used as FIR. 1971 SCMR 516 ; 1969 SCMR 85. Dying declaration uncorroborated. PLJ 1977 S.C. 481. Not necessary to have been made under immediate apprehension of death. 1975 SCMR 289. Dying declaration lacking integrity. PLD 1984 S.C. 433. Recorded at Police Station in presence of relative. 1984 SCMR 1094. Deceased not in full control of faculties. PLJ 1980 S.C. 377. After mortal injuries. 1984 SCMR 263; PLJ 1981 S.C. 90. Value. 1994 SCMR 1852; 1994 PSC (Cr.) 717. Corroborated by medical evidence. 1994 MLD 1046. Conviction on. 1994 MLD 1046; 1994 PSC (Cr.) 717. A weak piece of evidence. 1995 PCr.LJ 179. Relevant consideration for determining the evidentiary value of dying declaration are whether the deceased then injured, was capable of making a statement; that whether he did make a statement orally or it was recorded by someone, that whether the statement made by him was corroborated by independent evidence. 2002 PCr.LJ 1798. Imminent apprehension of death not necessary. 2002 PCr.LJ 1798. Dying declaration made soon after the incident or at a time when the deceased expected death deserves great weight and cannot be discarded on the assumption of being the result of consultation. [PLD 2004 S.C. 367]
Dying declaration of the deceased was recorded by I.O., has fully supported the prosecution case. Vital piece of evidence against the appellant was the dying declaration of the deceased which was recorded at the Hospital. Deceased in his statement has provided detail of the motive behind occurrence. No illegality or infirmity has been found in the dying declaration which was recorded by the deceased at hospital under the apprehension of impending death. During the investigation, weapon of offence was recovered at the instance of the appellant and on his pointation from his residential house. PW, ASI in his statement has furnished a credible account of recovery of weapon of offence from the appellant. Although, PW, ASI was a police witness best his testimony cannot be discarded on that ground alone as a police witness is a good witness as any. Testimony furnished by the witness was fully supported by report of Chemical Examiner in which it is stated that chhurri was stained with human blood. Factum of recovery of chhurri from the appellant established at the trial. Ocular account furnished by witnesses has received further corroboration from the medical evidence. PLJ 2008 Cr.C. (Lahore) 996.
43. Empties and crime weapons. Delay simpliciter in dispatching. Not fatal. PLD 1987 Quetta 77; See PLD 1982 S.C. 92; 1982 SCMR 531. No crime weapon recovered from possession of accused at the time of his arrest. Ballistic Expe
Divorce on the basis of Khula would be the one Talaq...Husband and wife can reunion without intervening marriage i.e (HALALA). Even after 10 year and even the Talaq MOUSAR certificate by the union council has been issued....Reliance can be made on the following
2011 CLC 1211..
PLD 2011 Lah 458..
PLD 2003 Pesh, 169.