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P L D 2026 Lahore 75

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 P L D 2026 Lahore 75 Before Sultan Tanvir Ahmad, J SHAHID HUSSAIN---Appellant Versus ABDUL JABBAR TASSADUQ---Respondent R.F.A. No. 92515 of 2017, decided on 22nd October, 2024. (a) Civil Procedure Code (V of 1908)--- ----O. XLI, Rr. 23 & 25---Remand of case by the Appellate Court---Trial Court, responsibility of---Remand as a whole or only on specific point(s)---Scope---Trial Court decreed the suit for recovery on the basis of promissory note yet on appeal High/Appellate Court remanded the case, however, on post-remand proceedings the suit was dismissed on failure of the plaintiff was produce evidence---Argument of the appellant/plaintiff was that Trial Court should have discussed/considered the evidence adduced by the parties prior to the order of remand---Question whether the Trial Court fell to error while not discussing or considering the evidence adduced by the parties prior to the order of remand?---Held, that on remand the Court trying the suit has to regulate the proce...
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P L D 2026 Sindh 75

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 P L D 2026 Sindh 75 Before Muhammad Faisal Kamal Alam, J VIRGOZ OILS AND FATS PTE. LIMITED ---Plaintiff Versus FAISAL EXPORTS (PVT.) LIMITED ---Defendant Suit No. 1500 of 2011, decided on 5th August, 2024. (a) Recognition and Enforcement (Arbitration Agreements and Foreign Arbitral Awards) Act (XVII of 2011)--- ----Ss.6 & 7---Foreign arbitral award---Recognition and enforcement, refusal of---Commercial sale contracts, dispute of---Unsigned instruments---Objector denying execution of written contract, plea of---Contractual relationship, proof of---No concluded/enforceable contract---Consequence---Arbitration clause not binding---Time limit/limitation to invoke arbitration (120 days)---Notice of arbitration issued beyond 120 days---Effect---Non-filing of appeal not fatal in such circumstances---Facts:---Plaintiff company filed suit under S. 6 of the 2011 Act to enforce the Palm Oil Refiners Association of Malaysia (PORAM) arbitral award arising out of two alleged palm oil sale c...
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P L D 2026 Balochistan 73

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 P L D 2026 Balochistan 73 Before Gul Hassan Tareen, J Hafiz MUHAMMAD ISMAIL ---Petitioner Versus The STATE and another ---Respondents Criminal Revision No. 08 of 2026, decided on 17th March, 2026. Criminal Procedure Code (V of 1898)--- ----S.540---Qanun-e-Shahadat (10 of 1984), Art.150---Power to recall witness---Scope---Application for recalling witness to declare him hostile and for cross-examination by complainant---Legality--- Whether a witness, already examined and cross-examined, could be recalled under S.540, Cr.P.C. for declaring him hostile and permitting cross-examination by the party calling him?---Held: Eye-witness was examined-in-chief by the Prosecutor and was duly cross-examined by the defence---After completion of such examination, application for recalling the witness was moved on the ground that complainant s counsel could not reach the Court in time---Even if complainant s counsel had been present, he would have acted under the direction of the Prosecutor; there...
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P L D 2026 Islamabad 72

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P L D 2026 Islamabad 72 Before Babar Sattar, J Mirza SALMAN BABAR BEG ---Petitioner Versus FEDERATION OF PAKISTAN through Secretary, Establishment Division and others ---Respondents Writ Petition No. 2465 of 2023, decided on 3rd November, 2025. (a) Protection against Harassment of Women at the Workplace Act (IV of 2010)--- ----Ss. 3, 4 & Preamble---Government Servants (Efficiency and Discipline) Rules, 1973, Rr. 2, 3 & 9---Constitution of Pakistan, Art. 199---Constitutional petition---Misconduct---Disciplinary proceedings---Harassment at workplace---Proceedings---Object, purpose and scope---Petitioner / civil servant was aggrieved of show cause notice issued to him regarding departmental inquiry on the allegation of sexual harassment of a female employee---Validity--- Proceedings initiated under provisions of Government Servants (Efficiency and Discipline) Rules, 1973 are a matter between Federal Government in its capacity as an employer and a civil servant in his/her capacity ...
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