>  Articles posted by waqarandwaqar

2023 CLC 1171 Producing of document in statement of counsel --- Legality --- In the present case the relevant Jamabandi , copy of khasra gurdawari , copy of application as well as impugned gift mutation were produced in the statement of counsel for the beneficiaries / respondents , as such the

2023 SCMR 1118 Document pertaining to financial and future marginal and attestation --- Two obligations --- Execution witnesses --- If the question of execution and attestation of any such document is put in issue by the Court , the party relying upon such document is required to produce its two marginal

2023 SCMR 815 Under Section 22 of the Specific Relief Act, the exercise of jurisdiction by the Court for decreeing the suit for specific performance of contract is discretionary in nature in which the Court is not bound to grant such relief, but in tandem the discretion is not to be

2023 MLD 654 Oral Sale---Proof ---Best witnesses---Held---Vendors, who by transferring their shares had already stood with the plaintiffs could be best persons to support their stance, but they were withheld, therefore under Art. 129, illustration (g) of Qanun-e-Shahadat, 1984, hostile inference was to be drawn that had they been examined, they

2023 MLD 654 Oral Sale---Proof ---Best witnesses---Held---Vendors, who by transferring their shares had already stood with the plaintiffs could be best persons to support their stance, but they were withheld, therefore under Art. 129, illustration (g) of Qanun-e-Shahadat, 1984, hostile inference was to be drawn that had they been examined, they

2023 CLC 702 A reading of provision of S.145 CPC clearly reflects that when a person becomes surety for performance of any decree or its part, or restitution of any property taken in execution of decree or payment of any money under an order of the Court in any suit or

Whether the Court can de-exhibit documents?The expression of deexhibit is not defined nor mentioned in the Code of Civil Procedure. Although Rule 3 of Order XIII empowers the Court that it can reject irrelevant or inadmissible documents but it is not the intention of legislation to remove the documents from

2023 MLD 654 Suit for specific performance of oral contract----Failure to provide essential details with regards to oral sale---Creditability of witnesses---Suit instituted by respondents/plaintiffs/was unanimously decreed by courts below---Appellants asserted that neither any oral sale transaction was settled nor consideration was received, rather false fictitious and concocted story was planted