Summary: Summary pending.

Summary: Summary pending.

Summary: Summary pending.

Summary: Summary pending.

Summary: Summary pending.

Summary: Summary pending.

Summary: Summary pending.

Summary: Art. 199 Constitution of Pakistan, 1973.Environment Case... Town planing... commercial use in rsidential area of Hayatabad Township, Peshawar

Summary: The Court examined the maintainability of the appeal and concluded that it was indeed maintainable under Article 204 of the Constitution of Pakistan read with the Contempt of Courts Ordinance, 2003. The main issue before the Court was whether a Court, while exercising jurisdiction under contempt proceedings, could order the implementation of an order or only punish a contemnor.After analyzing relevant laws and judgments, the Court ruled that a Court, while exercising contempt jurisdiction, can only punish a contemnor and cannot order the implementation of an order. Therefore, the order passed by the learned Single Judge, directing the appellant to implement the 1973 orders, was not legally sustainable.As a result, the Court accepted the Intra-Court Appeal and set aside the impugned order passed by the learned Single Judge in Criminal Original No. 1513-W/2011.

Summary: The petitioner, Muhammad Abaid Ullah, filed a suit under Order 37 Rule 2 of the Civil Procedure Code (CPC) to recover Rs. 400,000/- based on a dishonored cheque (No. 19433759) issued by Abdul Maalik, who had passed away before the cheque could be encashed. The petitioner had submitted the cheque on 01.02.2006, but it was dishonored.In response to the dishonored cheque, the petitioner initiated a recovery suit under Order 37 CPC, making respondents No. 1 to 8 parties to the case. However, the respondents did not appear in the court on subsequent hearing dates, resulting in the court proceeding ex parte against them. Subsequently, the learned Additional District Judge issued an ex parte judgment and decree in favor of the petitioner on 23.11.2006.A respondent, numbered 9, filed an application under Order 12(2) CPC, claiming that respondents No. 2 to 6 were minors, and their guardian ad litem should have been appointed as per Order 32 Rule 3 of CPC. After hearing the arguments, the learned trial court, on 22.02.2010, set aside the judgment and decree dated 23.11.2006 and also dismissed the application filed under Order 12(2) CPC, as it was not filed by the proper guardian of the minors.As the respondents failed to appear despite being served through newspaper publication, they were proceeded against ex parte on 07.04.2014.The petitioner's counsel argued that respondent No. 1, who was the brother of the minors, was a major, and thus, non-compliance with Order 32 Rule 3 CPC was not significant. However, the court determined that Order 37 Rule 2 CPC is specific to bills of exchange, hundies, or promissory notes and that suits thereunder can only be filed against the executants of those instruments, not their legal heirs.Since the maker of the cheque, Abdul Maalik (deceased), had passed away before the cheque could be presented for encashment, the cheque lost its validity as a bill of exchange. Hence, the suit filed under Order 37 Rule 2 CPC by the petitioner against the legal heirs of Abdul Maalik was found to be misconceived and not maintainable.The court referred to Section 29 and 29-A of the Negotiable Instruments Act, 1881, which clarified that a person who is not the drawer or maker of a cheque cannot be held liable under Order 37 Rule 2 CPC. As the respondents did not sign the cheque assuming liability, they were not liable to the petitioner under the cheque issued by their predecessor.Based on these findings, the court dismissed the revision petition and directed the learned Additional District Judge to return the plaint in the suit titled "Muhammad Abaid Ullah VS Muhammad Ateeq-ur-Rehman etc." to the petitioner under Order 7 Rule 10 of CPC. The petitioner was asked to appear before the learned Additional District Judge on 16.07.2014. The court also ordered the office to transmit a copy of the judgment to the learned Additional District Judge, Tehsil Jatoi District Muzafargarh.