Principle of law

  1. It is well settled principle of law that a case not set up by a party in its pleadings cannot be argued before Court at a subsequent stage. M. Saeed Asad  v. Hamed Saeed 1998 SCR 287 (A)
  2. Principle of law’ falsus in uno falsus in omnibus has since been discarded by Courts. The prevalent rule is that truth has to be sifted from falsehood. Misri v. State 1998 SCR 337 (E)
  3. It is an established principle of law that an act is required to be performed in a particular manner, the act must be performed according to the proscribed manner or not at all. Abdul Haq Mughal  v. Muhammad Naseer Usmani and 2 others 2002 SCR 146 (C)
  4. A party after submitting itself to the jurisdiction of a Court cannot turned round, after an adverse order is passed against it, and say that such Court had no jurisdiction. Yasmeen Bibi  v. Sakina Bibi and 5 others 2002 SCR 58 (A)
  5. The learned Chief Justice of the Shariat Court should have decided the reference on merits — It appears that the judgment has been given in haste without going into the merits of the case — It is not the settled proposition of law that an appellate Court is bound to confirm the  order of bail recorded by member of the trial Court in favour of accused person and disagree with the other member of the Court in whose wisdom the accused persons are not entitled to the concession of bail — The principle referred to by the learned Chief Justice of the Shariat Court is not applicable in bail matters — The correct legal proposition is that while recording judicial verdict in criminal cases if any fact in the wisdom of the Court has two plausible explanations, the one favourable to the accused person must be preferred. M. Aslam Khan v. Faraquat Hussain  2003 SCR 106 (A)
  6. Acts or omissions of the Courts should prejudice no party to the dispute. Kareem Dad v. Fazal Karim & 2 others 2004 SCR 289 (B)
  7. This is a celebrated principle of law that no person could be a Judge in his own cause — Judgment of the High Court was set aside — Case remanded for fresh decision by a Bench of the High Court to whom the case is entrusted by the learned Chief Justice. Muhammad Bashir Khan and 11 others v. Azad Govt. and 10 others 2004 SCR 78 (A)
  8. The Court must make a distinction between an offence against the individual and society and the offences against the society and the State must be strenuously dealt with. Muhammad Munir Awan & 3 others v. AJ&K Ehtesab Bureau 2005 SCR 109 (M)
  9. Civil law is a law of omission and commission, still the basic principle is that all matters of civil rights must be decided on merits and merit alone — Held: The High Court has rightly remanded the case to the trial Court to decide it afresh after taking evidence on the issues regarding estoppel — Petition for leave to appeal dismissed. Begu Jammal v. Ali Gohar Khan 2005 SCR 433 (A)
  10. It is a settled principle of law that law lulls a person who sleeps over his right and the Courts must not exercise their inherent powers in favour of such a person. Raja Muhammad Akram Khan v. Azad Govt. & others 2005 SCR 425 (B)
  11. Inherent powers can be exercised where judgment or order of the Court is patently illegal, for instance the judgment is against a dead person or a patent illegality apparent on the face of record. Raja Muhammad Akram Khan  v. Azad Govt. & others 2005 SCR 425 (C)
  12. Statement — Challenge to — Where a portion of statement is not challenged during cross-examination it shall be deemed to be admitted. Muhammad Mehrban v. Mst. Rizwana Bibi 2006 SCR 243 (A) PLJ 1982 SC (AJK) 110 relied.
  13. It is the established principle of law that law favours vigilant and not indolent — Held: No illegality or irregularity has been committed by the Courts below — PLA dismissed. Auqaf Department of AJ&K v. Abdul Rauf & 7 others 2007 SCR 369 (B)
  14. It is a celebrated principle of law that where two provisions of C.P.C. can be applied then the less stringent provision should be applied. Azad Govt. v. Syed Farzand Ali Shah 2008 SCR 96 (A)
  15. Principle of law enunciated in a judgment is followed, not the facts or orders passed in peculiar circumstances of a case — Held: A wrong cannot justify another wrong — Further held: If at all any other person’s service was regularized against law, it is of no help to petitioners and in the instant case the learned Chief Justice of High Court has rightly issued direction for cancellation of all such illegal orders. Razeem Sheikh & 6 others v. Azad Govt. & 3 others 2010 SCR 264 (B) 2009 SCR 493 distinguished.
  16. When any act is required to be done in a particular way it must be done according to that way or not at all — What is not allowed to be done directly cannot be permitted to be done indirectly. Mudassar Manzoor Qureshi  v. Azad Govt. of the state of JK 2013 SCR (SC AJ&K) 150 (A)
  17. Principle of law enunciated by Supreme Court is binding on all the functionaries and authorities of the State.  Industrial Development Bank of Pakistan v. Arshad Mahmood 2013 SCR 929 (C)
  18. It is settled principle of law that a person who is not vigilant about his right is not entitled to any discretionary relief. Syed Rashed Hussain Shah v. Azad Govt. & 6 others 2014 SCR 883 (G)
  19. According to the celebrated principle of law, in presence of the Constitutional provisions, subordinate law has to yield and not supersede — Whenever, there will be any necessity or requirement to make modification or alteration in this regard, that can only be made through the constitutional provisions and not through the subordinate legislation. Muhammad Yousaf Haroon v. Competent Authority & 4 others 2014 SCR 1180 (Y)
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