Character certificate–– The appellant initiated litigation, including this appeal, which is entirely frivolous. The appellant was unnecessarily accommodated and the school and its staff were involved in endless litigation. Court time and public resources were squandered. Therefore, this appeal is dismissed with costs throughout and by imposing costs of fifteen thousand rupees herein, which the appellant shall pay to the school. .....Akber-ud-Din =VS= Headmaster Govt. High School Reshun, (Civil), 2023(1) [14 LM (SC) 1] ....View Full Judgment

The Specific Relief Act, 1877
Section 42 r/w
The Land Revenue Act, 1967
Section 42 r/w
The Code of Civil Procedure
Order XXXII, Rule 15
Suit for declaration and cancellation of the disputed mutation–– It is a well-settled principle of law that mutation does not confer title, however, it may be considered as a piece of evidence if it is affected in accordance with law. .....Zaffar Afzal =VS= Ashiq Hussain, (Civil), 2023(2) [15 LM (SC) 28] ....View Full Judgment

Court-Fees Act, 1870
Section 10(ii)
Code of Civil Procedure
Order XXXIII
Non-payment of court-fees or by its belated payment–– In Provincial Government v Abdullah Jan and in Abdul Khaliq v Haq Nawaz (above) held that the Court-Fees Act, 1870 is a taxing statute which collects revenue for the State, and that it does not create any right in a party nor extinguishes any party’s right. If the court-fees was a right vesting in a party then a court could not waive its payment. However, if a person is financially incapable of paying court-fees the CPC permits filing of a suit without payment of court-fees and the plaintiff therein is enabled to submit an application under Order XXXIII of the CPC to sue as a pauper, that is, without paying court-fees; there is no reason not to apply the same principle to appeals too. If payment of court-fees had created a right in the opposite-party the law would not have permitted entertaining an application (under Order XXXIII CPC) seeking permission to sue as a pauper and file a suit without court-fees nor empowered the court to grant such application. .....Syed Zahid Hussain Shah =VS= Mumtaz Ali, (Civil), 2025(2) [19 LM (SC) 11] ....View Full Judgment