(2025 LHC 762)
the legislature in order to achieve its object, encapsulated in Section 345(1) Cr.P.C, has allowed the persons mentioned in third column of the table, to compound the specified offences, without seeking permission of the Court, even after taking cognizance. While dispensing with permission of Court for compounding the offence by the relevant person, the legislature, in absence of any bar, in fact left a window opened and has permitted to adopt this approach, that as a result of compounding of specified offences prior to submission of a report under Section 173 Cr.P.C i.e. at the stage of pre-arrest or post-arrest bail or on intervention of the respectable, or otherwise preferably reducing the same into writing, during the investigation, for the police to restrain itself from undertaking the cumbersome business of investigation into such cases except bringing on record the material relating to the compounding and prepare a cancellation report, instead of utilizing their skills and time in other matters requiring their urgent attention, for placing it as aforesaid before a Magistrate for passing an appropriate order. The Magistrate, in order to satisfy himself, regarding the genuineness of the compromise, arrived at between the parties may summon the complainant/person to verify the factum of compromise before passing an appropriate order for cancellation of a case.
It may be emphasized that a recourse to this approach in relation to the specified offences by the entire hierarchy from Police to the learned Magistrate, would save the parties from facing the agony of fruitless proceedings to be carried out by the Courts besides saving their hard earned money and other resources. It would also save the public time and shall also lessen the burden of the already overburdened Courts. Moreover, such a proactive approach on part of the Police and the Magistrate would amount to dispensing the public with speedy justice in accordance with the spirit of Article 4 of the Constitution of Islamic Republic of Pakistan, 1973.
(2024 LHC 6543)
The biological mother of respondent No.2 has instituted the suit for recovery of maintenance allowance by claiming therein that she was raped by the present petitioner and for this occurrence an F.I.R. bearing No.134 dated 04.03.2020 was registered against him for offences under Section 376, 109 of Pakistan Penal Code, 1860. Contention of said lady in the plaint is that as a result of rape, she conceived and ultimately minor respondent No.2 was born on 27.05.2020, hence, being biological daughter of the petitioner, minor is entitled to recover maintenance allowance. The petitioner/defendant turned up before the Court and contested the suit by filing written statement in contrast whereby he negated the version of respondent No.2 and claimed that minor is not his daughter either legitimate or illegitimate.
equity, fair-play and justice demands that the respondent No.2, if proves to be a biological child of the petitioner, then she must be compensated and maintained by him. The person, having begotten the child, is bound to provide for its maintenance. The biological father is also morally under obligation to maintain his illegitimate child. For the aforementioned reasons, this petition is hereby allowed.
Consequently, the matter is remanded to the learned Trial Court with the direction to record the plaintiff’s evidence regarding the specific claim made in the plaint that the petitioner/defendant is the biological father of respondent No. 2, If, after recording the evidence, the Court concludes that the minor is indeed the biological child of the defendant, the proceedings may continue for the determination of the maintenance allowance.
( 2025 LHC 495 )
it can safely be held that there is no specific prohibition for recording plea of guilt at any stage of trial and such arrangement in no case opposes to right to fair trial if accused opts to waive the same to cut short the process in order to avoid the agony or rigors of protracted trial. However, Court is always at guard to take a careful look why the accused is admitting his guilt and shall ensure that the trial of offence entailing capital punishment should not be terminated mere on the admission of guilt by the accused, for which recording of evidence is essential.
( PLD 2025 Lahore 235 ) | ( 2023 LHC 6388 )
However, applying the general principles of the law of evidence does not mean that a Rent Tribunal must enforce all the provisions of the Qanun-e-Shahadat, as doing so would render Section 34 of the Act redundant and frustrate the legislative objective behind the very enactment of the Act—namely, the expeditious disposal of rent matters. Therefore, a Rent Tribunal cannot be required to adhere strictly to all the principles of the law of evidence codified in the Qanun-e-Shahadat or to any special provisions introduced therein that amend general principles of the law of evidence. A distinction must be drawn between invoking and applying the general principles of the law of evidence codified in the Qanun-e-Shahadat and any special provisions enacted therein. Thus, while adjudicating upon civil rights and obligations in eviction proceedings, a Rent Tribunal should invoke and apply only those general principles of the law of evidence codified in the Qanun-e-Shahadat that are necessary to give effect to the fundamental right of the parties under Article 10A of the Constitution; it need not apply all the principles or any special provisions enacted in the Qanun-e-Shahadat. This distinction is rooted in the summary nature of rent proceedings, which are designed to resolve disputes expeditiously and without the procedural formalities of regular civil trials. The general principles of evidence—such as the burden of proof, relevance of evidence, and the right to cross-examine—must nevertheless apply to safeguard the constitutional right to a fair trial. However, the relaxation of detailed evidentiary rules, such as strict compliance with the formal proof of documents or the exclusion of hearsay evidence, is justified by the need to maintain the efficiency and accessibility of rent proceedings. This approach strikes a balance between upholding due process and preserving the summary character of rent proceedings.
when we examine Articles 17(2)(a) and 79 of the Qanun-e-Shahadat, it becomes evident that they do not embody general principles of the law of evidence but rather enact special provisions therein. A Rent Tribunal was, therefore, in no way bound to invoke and apply these provisions for the purpose of determining the genuineness of the tenancy agreement. Accordingly, we answer the question in the terms that a disputed tenancy agreement is not required to be proved in a proceeding before the Rent Tribunal under the Act, in
accordance with the provisions of Articles 17(2)(a) and 79 of the Qanun-e-Shahadat. The reliance of the High Court on three judgments of this Court is misplaced, as they pertain to civil suits, not eviction proceedings.
2025 SC 54
(2025 LHC 385)
FLSL is a financial institution within the meaning of section 2(a) of the FIO, and the parties admit that the
cheque was issued for the repayment of finance, the alleged offence falls exclusively under section 20(4) of the FIO. Section 489-F PPC does not apply. Under section 7 of the FIO, the Banking Court has exclusive
jurisdiction over such matters. Any prosecution against the Petitioner must be initiated through a complaint before the Banking Court as prescribed under the FIO.
Free medical facilities in all DHQs and THQs in the Punjab under the administrative control of Primary & Secondary Healthcare Department to the practicing Lawyers and their dependents upon the provision of Punjab Bar Council membership cards.
(2025 LHC 142)
Family court was given the power of the Judicial Magistrate first class under the CrPC., 1898 for the purpose of taking cognizance and trial of any offence under the Muslim family laws.
(2024 LHC 6139)
Despite discharge order police authorities may reinvestigate the matter
(2024 LHC 6109)
It is also one of the contentions of learned counsel for the “land owners” that appeal has become barred by time on account of the fact that respondent No.8 was impleaded after the prescribed period of limitation, we may observe that it is trite law that if more than one appeals are arisen out of a common judgment and if one or more of those appeals are even barred by time, same could not be dismissed on account of limitation. Guidance in this respect can be sought from MEHREEN ZAIBUN NISA v. LAND COMMISSIONER, MULTAN AND OTHERS (PLD 1975 Supreme Court 397)
2023 LHC 3306 | 2024 CLC 1
A person whose legal character, including paternity, was being denied such person could file a suit to claim it, but the instant case is not such a case.
2022 SCP 316 – 2023 SCMR 6
At the very outset, it has been argued by learned counsel for the petitioner that the petitioner has been falsely roped in this case against the actual facts and circumstances. Contends that the allegations leveled against the petitioner are false, frivolous, baseless, concocted and the prosecution story is not worthy of credit. Contends that the complainant nominated the petitioner in her fourth supplementary statement after a period of four months, which shows her mala fides. Contends that the photographs allegedly connecting the petitioner with the commission of the crime were never sent for forensic examination, therefore, they cannot be relied upon to determine the guilt of the petitioner. Lastly contends that the learned High Court while declining bail to the petitioner has not followed the guidelines issued by this Court for the safe administration of criminal justice, therefore, the same may be set at naught and the petitioner may be released on bail.
2023 SCP 307 – 2024 SCMR 205
Sessions judge power to transfer or withdraw criminal cases or bail from additional session judges
( 2024 LHC 5077 )
it can safely be held that when an accused is arrested in a case, his arrest must be shown in all cases registered against him so far within the knowledge of investigating agency; however, if he has been lodged to judicial custody in a case, his subsequent physical remand can be obtained by the police in other FIRs registered at different police stations or districts or province with the permission of concerned Magistrate/Court.
2024 LHC 1111 – PLJ 2024 Lahore 404 – 2024 YLR 1628
It is visible from Section 149, CPC that it an exception to the command delineated under Sections 4 and 6 of the Court Fees Act, 1870 (“Court Fees Act”). The exercise of discretion by the Court at any stage is, as a general rule, expected to be exercised in favour of the litigant on presenting plausible reasons which may include bona fide mistake in the calculation of the court fee; unavailability of the court fee stamps; or any other good cause or circumstances beyond control, for allowing time to make up the deficiency of court fee stamps on a case to case basis, and the said discretion can only be exercised where the Court is satisfied that sufficient grounds are made out for nonpayment of the court fee in the first instance. The provisions depicted under Order VII, Rule 11 and Section 149, CPC have to be read collectively. Without further consideration, the Court cannot dismiss the suit or appeal without determining the insufficiency of court fee and then allowing a timespan for making the deficiency good. By the looks of it, Section 149 reckons the ratification of time for the payment of court fee in the beginning, while Section 148 is germane to the enlargement of time for the compliance of any act for which any period is fixed or granted by the Court as allowed by the CPC, and the Court in its discretion may enlarge such period from time to time, despite the fact that the period originally fixed or granted has expired. The procedure is simply a mechanism and structure with the objective to facilitate and accelerate and the rules framed in the Code are for the advancement of justice.
2024 SCMR 1059 – 2023 SCP 368
Standard Operating Procedure (SOP) for Investigation of Rape Cases” dated 20th August 2013, Cls. 2(iii) & 3.
Rape case Investigation carried out by a male police officer in violation of the SOP.
“Investigation of the female Rape case shall be conducted preferably by a woman police officer (not less than ASI/SI). In case, sufficient number of such I.Os are not available in a police station, the CPO/DPO of the district shall depute such an officer from elsewhere.” The victim should be medically examined only by a lady doctor.
2020 SCP 61 – 2020 SCMR 761
An application for change of investigation was filed well before the Magistrate agreeing with the case cancellation report, it is trite that police can validly take up such application for consideration and if reach to the conclusion that there are grounds for change of investigation, senior police officer can direct the concerned investigator to seek permission from the concerned Magistrate to reinvestigate the matter, then Magistrate can pass appropriate order.
2024 LHC 3190 – 2024 MLD 1796
CPLA 3390/2021. Any law, policy or rule which is manifestly inconsistent with the Constitutional commands, retrogressive in nature and discriminatory inter se the citizens is subject to judicial review.
whereunder appointments without open advertisement, competition and merit, of the widow/widower, wife/husband or child of civil servants in different grades, who die during service or become permanently
disabled/invalidated/incapacitated for further service and take retirement from service, are declared to be discriminatory and ultra vires Articles 3, 4, 5(2), 18, 25(1) and 27 of the Constitution. The prescribed Federal and Provincial authorities are directed to withdraw the same. However, it is clarified that the instant judgment shall not affect the appointments already made of the widow/widower, wife/husband or child of deceased or retired civil servants. It is further clarified that this judgment shall not affect the policies, rules or compensation packages of the Federal and Provincial Governments for the benefit of the legal heirs of martyred personnel of the law enforcement agencies…….
In terms of Rule 17-A, ibid, specified triggering event is the occasion when civil servant dies during service or is declared invalidated / incapacitated. This requires no elaboration. If Civil servant had died or declared invalidated / incapacitated before the Notification dated 24.07.2024, and any of his unemployed children or widow had expressed willingness to invoke / seek benefit of Rule 17-A, omission of Rule 17-A would not prejudice the right to be considered for appointment, subject to fulfilling limitations and conditions provided.
Lahore High court division bench ruled that no suit under Order XXXVII could be filed without an agreement between the parties.
2024 LHC 3895
Procedure dealing with cancellation report prepared in a criminal case elaborated
PLJ 2024 Lahore 315 – 2023 LHC 5767
The law already stands settled that if an accused person
admitted to bail is subsequently declared a Proclaimed Offender or
non-bailable warrants for his arrest are issued then such
declaration or issuance of non-bailable warrants ipso facto
amounts to cancellation of that accused person’s bail.
2019 SCP 194 | 2019 SCMR 1641
The testimony of an interested witness should be scrutinized with care and caution. Independent corroborating evidence is essential to test the validity and credibility of the testimonies of interested witnesses. Capital punishment cannot be given on the testimony of an interested witness uncorroborated by any independent evidence.
2024 SCP 134 | 2024 SCMR 1085
keeping in view the evidence of the parties, it has to give a categoric finding in this regard justifying the applicability of the increase from a particular date otherwise if the increase is not suggested from a particular date or no increase is suggested, the same shall be deemed to be applicable from the date of decree.
2023 LHC 5893
If someone does not want to become a witness or give evidence, there is no provision of law under which the court could compel him to necessarily give his testimony.
2014 LHC 5682 | 2016 MLD 67
Despite arrest in another case, pending petition for pre arrest bail of an accused can be decided on merits in his absence.
2024 LHC 2349
Any lease, license, allotment or permission granted by CDA, or by the Remount, Veterinary and Farms Directorate (‘the Directorate’) or any other department/authority to operate restaurants in the National Park was contrary to the provisions of the Islamabad Wildlife (Protection,Preservation, Conservation and Management) Ordinance, 1979.
2024 SCP 206
In the absence of any of the ingredients of section 6 of the ATA of 1997, any action, irrespective of its heinousness, causing terror or creating a sense of fear and insecurity in the society, does not fall within the ambit of terrorism.
2024 SCP 195
cancellation, impounding or confiscation of CNIC impacts the fundamental rights of a person.The courts frequently direct digital impounding of the CNIC because it is an effective means to secure presence of a person. Sometimes
2022 LHC 4594
High Court has restrained Punjab Police from arresting individuals solely based on the supplementary statements of complainants, requiring investigation officers to gather incriminating evidence before proceeding according to the law.
2024LHC2299
Crl.P.298/2023: what is the benchmark for applying the rule of consistency in granting bail to an accused
If after grant of ad-interim pre-arrest bail in a case, accused has been arrested and confined in jail in another case then his petition for pre-arrest bail will not be dismissed due to non-prosecution rather same will be decided after procuring his attendance. 2024 LHC 771
The dower may be fixed either before or at the time of marriage or after marriage and can also be increased after marriage.2024 LHC 572
Further investigation, reinvestigation, or the transfer of an ongoing investigation even after the submission of a challan or framing of charges until the trial is conclude. 2024 LHC 420
This is established principle of law that mere the fact that a person is nominated in the crime report does not dub him as an accused unless and until during the course of investigation the accusation against the said person is found to be correct.(2023 SCP 243)
Learned Judge Family Court has the same powers as contained in the Code of Civil Procedure (V of 1908) to transfer the execution proceedings and execute the decree in question.2023 LHC 590
Against order of acquittal under section 249-A, Cr.P.C. criminal revision under section 439, Cr.P.C. is not competent. Similarly, writ petition against order of acquittal is also not competent in the light of section 417(2), Cr.P.C.2023LHC6869
| If after grant of ad-interim pre-arrest bail in a case, accused has been arrested and confined in jail in another case then his petition for pre-arrest bail will not be dismissed due to non-prosecution rather same will be decided after procuring his attendance.2024 LHC 175 |
| After passing the order, learned Ex.Officio Justice of Peace becomes functus officio and he cannot recall his earlier order at the time of its implementation. |
There is no specific prohibition for recording plea of guilt at any stage of trial and such arrangement in no case opposes to right to fair trial if accused opts to waive the same to cut short the process in order to avoid the agony or rigors of protracted trial. However, Court is always at guard to take a careful look why the accused is admitting his guilt and shall ensure that the trial of offence entailing capital punishment should not be terminated mere on the admission of guilt by the accused, for which recording of evidence is essential.2023 LHC 6388
A Duty Magistrate can discharge the accused produced before him for physical remand.2023 LHC 6453