S & K Law Firm

04/11/2025

Banking Court having confirmed the sale in favour of appelant could not unilaterally set aside the auction proceedings particularly when no objection from any quarter was raised. Banking Court was precluded to set aside the auction proceedings by virtue of S.27 of Financial Institutions (Recovery of Finances) Ordinance,2001. Appeal was allowed and Banking Court was directed to issue sale certificate in favour of appellant. [2019 CLD 696]

04/11/2025

Banking court had allowed costs of funds, therefore, appellant/Corporation was not entitled to claim future rent. Cost of funds were allowed from date of suit which was to be allowed from date of default in terms of S.3 of Financial Institutions (Recovery of Finances) Ordinance, 2001. High Court modified judgement and decree passed by Banking Court. [2022 CLD 892]

03/10/2025

The vernacular equivalent of the term "holding" is Khewat and the tenant's holding is called Khatauni. Ownership of an agricultural land was called 'holding', 'Khewat', or 'Khata'. If a person had one 'holding' in one village, he was owner of one property; if he had more than on 'Khata' or 'holding' in a village, he was owner of more than one property. On the contrary, if a 'holding' comprised more than one Khasra number, he would still remain the owner of one property and would not become owner of as many properties as there were Khasra numbers. Word 'holding' would mean a share or a portion of an estate held by one land owner or jointly by two or more land owners. [2012 YLR 1641]

30/09/2025

30/09/2025

ALHAMDULILLAH another achievement by the grace of ALMIGHTY ALLAH.

24/09/2025

An oral agreement which is valid in law is enforceable and specific performance of such agreement can be granted. [2003 MLD 131.]

05/09/2025

When a lawyer wishes to consult and advise a prisoner confidentially as to the conduct of his case, the prisoner may be removed from the lock-up and allowed to sit apart with his lawyer, but within the precincts of the police station and in the sight of the sentry. [26.28(2) Punjab Police Rules]

01/09/2025

Jail Appeal- Section 420 of Cr.P.C. provides the convict to present appeal to in charge of jail. The appeal should accompany the impugned judgement. It is necessary for the appellant to pray to be heard in person. In the absence of such prayer appeal may be dismissed in limine. [1982 SCMR 1097]

30/08/2025

If the accused is charged for a major offence but the same is not proved, the accused could be convicted for a minor offence, where evidence is produced by the prosecution so warranted. [2018 MLD 469]

15/08/2025

Report u/s.173, Cr.P.C. sent by the police to the Magistrate is an administrative order and not a judicial order. Magistrate to pass speaking order on police report whether he agrees or disagrees with the same after examining police diaries and applying his judicial mind to the record produced before him. [2005 YLR 829]