Lawyers in Islamabad

  PLJ 2021 Lahore (Note) 121 Present:  M. Bilal Khan, J. KARAMAT ULLAH--Petitioner versus GUARDIAN JUDGE, LAHORE and 5 others--Respondents W.P. No. 7832 of 2009, decided on 17.9.2009. Constitution of Pakistan, 1973-- ----Art. 199--Pakistan Penal Code, (XLV of 1860), S. 363--Quashment of FIR--Kidnapping of minors--Petitioner was co-accused--Preliminary stage--Alternate remedy--Case in hand is at preliminary stage, having been registered on 9.4.2009, therefore, any interference by High Court at this stage in its constitutional jurisdiction would amount to pre-empting functions of investigating agency or trial Court, which is neither appropriate nor desirable--Petitioner has alternate remedy to move an application under Section 249-A, Cr.P.C. before trial Court, which he may, if so advised, avail at an appropriate stage--Petition dismissed.                        ...

PLJ 2018  Lahore  1042 Present :  Ch. Muhammad Masood Jahangir, J. Mst.  SURRAYA BIBI--Petitioner versus IMTIAZ AHMAD etc.--Respondents C.R. No. 2715 of 2014, decided 25.4.2018. Civil Procedure Code, 1908 (V of 1908)-- ----S. 115--Revisional jurisdiction--Specific Relief Act, (I of 1877)--Suit for declaration possession and cancellation of sale deed--Decreed--Appeal--Case was remanded--Suit was dismissed--Appeal Dismissed--Concurrent findings--Ingredients of transaction--Challenge to--It is sine qua non for a vendee to establish; firstly, that transaction was struck with a titleholder or a person having authority to create right; secondly it was settled against consideration, and thirdly such sale was accompanied by delivery of possession--Concurrent findings of Courts below cannot be disturbed by this Court while exercising revisional jurisdiction provided under Section 115 of Code, 1908 is not tenable as both judgments and decrees having been found ...

PLJ 2018  Lahore  1042 Present :  Ch. Muhammad Masood Jahangir, J. Mst.  SURRAYA BIBI--Petitioner versus IMTIAZ AHMAD etc.--Respondents C.R. No. 2715 of 2014, decided 25.4.2018. Civil Procedure Code, 1908 (V of 1908)-- ----S. 115--Revisional jurisdiction--Specific Relief Act, (I of 1877)--Suit for declaration possession and cancellation of sale deed--Decreed--Appeal--Case was remanded--Suit was dismissed--Appeal Dismissed--Concurrent findings--Ingredients of transaction--Challenge to--It is sine qua non for a vendee to establish; firstly, that transaction was struck with a titleholder or a person having authority to create right; secondly it was settled against consideration, and thirdly such sale was accompanied by delivery of possession--Concurrent findings of Courts below cannot be disturbed by this Court while exercising revisional jurisdiction provided under Section 115 of Code, 1908 is not tenable as both judgments and decrees having been found ...

PLJ 2018  Lahore  1051 Present :  Shahid Karim, J. M/s. IMRAN ALI LUBRICANTS--Petitioner versus FEDERATION OF PAKISTAN and others--Respondents W.P. No. 39468 of 2016, decided on 2.4.2018. Sales Tax Rules, 2006-- ----R. 12(d)(1)--Sales Tax Act, (Act 1990), S. 21(2)--Constitution of  Pakistan , 1973, Arts. 199, 10-A & 18--Blacklisting and suspension of registration of registered person--Sales tax registration--Uniform Policy--Right of hearing--Due Process--Suspension of registration without notice--Rules cannot travel beyond mandate of primary enactment--Validity--Rule 12 is irrational and unreasonable on basis of further ground that once a suspension order has been passed ex-parte, Commissioner concerned is not required to review that order till proceedings of blacklisting are concluded nor has a registered person been conferred a right to have that order reviewed pending those proceedings--It established essential relationship between constitution...