Author name: Jurist

Section 23 : What consideration and objects are lawful or what not    2004  CLD  1213   LAHORE-HIGH-COURT-LAHORE Messrs ATLAS LEASE LTD. VS Messrs PUNJAB STEELS (PVT.) LTD. –S.10—Contract Act (IX., of 1872), Ss.23 & 74—Recovery of additional lease rentals and liquidated damages—Non-speaking judgment—Contract against public policy—Application for leave to defend the suit was dismissed by […]

Section 21 : Effect of mistakes as to law   2016  PLD  199   SUPREME-COURT PAKISTAN RAILWAYS through AGM(Trafic), Lahore VS FOUR BROTHERS INTERNATIONAL (PVT) LTD 2(e) & Chap. II [Ss.10 to 30-C]—Agreement, rescission of—Agreement between the parties had the status of a statute and unless it was shown that any term of the agreement was

Section 20 : Agreement void where both parties are under mistakes as to matter of fact    2022  PLD  73   SUPREME-COURT MUHAMMAD FAROOQ VS JAVED KHAN 20—Agreement void where both parties under a mistake as to matter of fact—Scope—Mistake of fact relating to the area of land being sold was recognised as essentially fundamental for

Section 19 : Voidability of agreements without free consent   2020  CLC  1691   HIGH-COURT-AZAD-KASHMIR HALEEMA BIBI VS AZEEM S.5 & Sched.—Contract Act (IX of 1872), S.19—Marriage—consent of woman—Necessity—Scope—Guardian of woman—Responsibility—Scope—Voidability of agreement without free consent—Scope—Guardians are enjoined by Islam to get their daughters married after getting their consent—Consent of a woman is necessary; she cannot

Section 18 : Misrepresentation   2023  MLD  1911   LAHORE-HIGH-COURT-LAHORE HASTAM ASHRAF MANN VS MUHAMMAD MOHSIN Ss. 17 & 18—Civil Procedure Code (V of 1908), S. 12(2)—Application under S. 12(2), C.P.C.—Fraud and misrepresentation, meanings of—Words “fraud”, “misrepresentation” and “want of jurisdiction” have not been defined in the Civil Procedure Code, 1908,—It is appropriate to borrow plain

Section 17 : “fraud” defined   2023  MLD  1911   LAHORE-HIGH-COURT-LAHORE HASTAM ASHRAF MANN VS MUHAMMAD MOHSIN Ss. 17 & 18—Civil Procedure Code (V of 1908), S. 12(2)—Application under S. 12(2), C.P.C.—Fraud and misrepresentation, meanings of—Words “fraud”, “misrepresentation” and “want of jurisdiction” have not been defined in the Civil Procedure Code, 1908,—It is appropriate to borrow

Section 16 : “undue influence” defined   2023  CLD  1025   ISLAMABAD TANVIR HUSSAIN MANJI VS NATIONAL ACCOUNTABILITY BUREAU 25(b)—Contract Act (IX of 1872), S. 16(3)—Constitution of Pakistan, Art. 199—Constitutional petition—Plea bargain—Incidental charges—Scope—Undue influence—Proof—Petitioner accused before National Accountability Bureau (NAB) who entered into plea bargain with NAB but assailed imposition of 15% incidental charges over and

Section 15 : “coercion” defined    2016  PLD  199   SUPREME-COURT PAKISTAN RAILWAYS through AGM(Trafic), Lahore VS FOUR BROTHERS INTERNATIONAL (PVT) LTD 2(e) & Chap. II [Ss.10 to 30-C]—Agreement, rescission of—Agreement between the parties had the status of a statute and unless it was shown that any term of the agreement was violative of the law,

Section 14 : Free “consent” defined   2016  YLR  2102   SUPREME-COURT-AZAD-KASHMIR Raja MUHAMMAD ALTAF KHAN VS SOBIA TABASSUM 14—“Free consent”—Meaning. 2016  PLD  199   SUPREME-COURT PAKISTAN RAILWAYS through AGM(Trafic), Lahore VS FOUR BROTHERS INTERNATIONAL (PVT) LTD 2(e) & Chap. II [Ss.10 to 30-C]—Agreement, rescission of—Agreement between the parties had the status of a statute and unless

Section 13 : “consent” defined    2017  CLC  70   LAHORE-HIGH-COURT-LAHORE MANZOOR HUSSAIN VS Haji KHUSHI MUHAMMAD 13—Specific Relief Act (I of 1877), S.12—Specific performance of agreement—Party to agreement was required to bring on record evidence to connect two pages of document exhibited with each other—Failure of party to connect the pages—Effect—Such deficiency did not establish