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Showing posts with the label Best Lawyer Islamabad

12(2) in case of Ex-Parte Proceedings

  PLJ 2025 SC 731 [Appellate Jurisdiction] Present :  Amin-Ud-Din Khan and Shahid Bilal Hassan, JJ. M/s.  MOBISERVE PAKISTAN (PVT.) LIMITED--Petitioner versus. M/s.  V-TECH and others--Respondents CPLA No. 3824 & C.M.A. No. 8489 of 2023, decided on 29.7.2025. (Against the order dated 18.09.2023 passed in W.P. No. 2874 of 2022 by Islamabad High Court, Islamabad & stay application) Civil Procedure Code, 1908 (V of 1908)-- ----S. 12(2) & O.V Rr. 19 & 20--Application alleging fraud or misrepresentation in obtaining decree--Service of summon--Substitute service--Non-appearance ex-parte decree--Application u/S. 12(2)--Dismissed--Writ petition--Dismissed--Remanded to--It was observed that substituted service could only be effected when ordinary summons could not be served or defendant deliberately avoids to receive summons of Court and Court was satisfied that service could not be effected through ordinary modes of service and that satisfaction can be achiev...

Entrustment of property and dishonest misappropriation of entrusted property

  PLJ 2026 SC 96 [Appellate Jurisdiction] Present:   Sardar Tariq Masood and Mazhar Alam Khan Miankhel, JJ. AYESHA TAYYAB--Petitioner versus STATION HOUSE OFFICER, POLICE STATION CANTT.DISTRICT SIALKOT, etc.--Respondents C.P. No. 1575 of 2024, decided on 22.5.2025. (On appeal against the order dated 08.03.2024 passed by the Lahore High Court, Lahore in Writ Petition No. 1684 of 2024) Criminal Procedure Code, 1898 (V of 1898)-- ----S. 406--Constitution of Pakistan, 1973, Art. 199(1)(a)(ii)--Criminal Procedure Code, 1898 (V of 1898), S. 561-A--Quashment of criminal proceedings and Quashment of FIR--Entrustment of property and dishonest   misappropriation   of   entrusted   property--“Qarz-e-Hasna”--Amount was handed over as a loan/trust--High Court observed that no offence under section 406 PPC was made out from contents of FIR and proceeded to quash same under its constitutional jurisdiction conferred by Article 199--Contents of FIR determine whether a cogni...

Withdrawal of Criminal Case by Prosecution

  PLJ 2022 Cr.C. (Note) 164 [Lahore High Court, Bahawalpur Bench] Present :  Muhammad Amjad Rafiq , J. Malik  MUHAMMAD EJAZ CHANNAR--Appellant versus STATE etc.--Respondents Crl. A. No. 161 of 2014, heard on 7.10.2021. Illegal Dispossession Act, 2005 (XI of 2005)-- ----S. 3--Compoundable--Accused may be acquitted on basis of compromise arrived at between parties.            [Para 3] A 2020 PCr.LJ (N) 20 Sindh. Compromise-- ---- A compromise in non-compoundable offence is considered only at mitigating circumstance for reduction in sentence.                                                               ...