2011 PLD 40 QHC-12

Abatement
by Ashtar Ausaf Ali

Ordinarily, a criminal appeal would abate on the death of appellant/accused, but S.431, Cr.P.C. had provided an exception to that general rule---Under S.431, Cr.P.C. an appeal against sentence of fine would not abate by reason of death of accused, because it was not a matter, which would affect his person, but would affect his estate---Upon death of accused, his appeal to the extent of a portion of sentence of an imprisonment, would abate, whereas the appeal to the extent of sentence of fine, affecting the property of accused, would not abate

2011 PLD 842 SC-13

Abatement
by Ashtar Ausaf Ali
Connotation---Creation of vested right in favour of the party, who would benefit due to the abatement ---Where the legislature in its wisdom had made the course of abatement conditional, or subject to any limitations or where it was provided to save, resurrect or exclude any category of proceedings from the realm thereof, the abatement shall not take effect otherwise than, as strictly prescribed by the law.
 
Abatement of pending proceedings---Exercise of power conferred upon the Federal Government under S.25, Land Reforms Act, 1977 for issuing notification for saving the cases from the abatement ---Reasonable time---Principles.

2011 SCMR 1988-14

Abatement
by Ashtar Ausaf Ali

Any order made by Tribunal after passing order of abatement of appeal would itself be without jurisdiction or lawful authority---Impugned order of Tribunal reviving appeal was patently without jurisdiction---Supreme Court set aside impugned order and affirmed appellant's dismissal from service for having attained finality. 

2010 SCMR 822-15

Abatement
by Ashtar Ausaf Ali

S. 52 & O.XXII, R.1---Legal heirs, non-impleading of---Effect---abatement does not take place, if legal representatives of some party are not brought on record---Such legal representatives automatically become party and bound by any decision of court.

2001 PSC 212-16

Abatement
by Ashtar Ausaf Ali

Abatment ---- Abatment by operation of law being always ipso facto, it was not necessary to obtain order of the Court wherein application or appeal was pending vis-a-vis abatement proceedings. 

AIR 1996 SC 116-17

Abatement
by Ashtar Ausaf Ali

Death of a party – Arguments already heard and judgments reserved by the time when party died.  Degree passed by Court against dead party - - Not Nullity.
 

2011  SCMR  247 2011  SCMR  1988 2010  SCMR  927
2010  SCMR  822 2009  PLD  1 SC 2009  SCMR  956
2008  PLD  703 SC 2007  PLD  681 SC 2007  SCMR  533
2006  SCMR  301 2006  SCMR  95 2006  SCMR  1287
2005  SCMR  1385 2005  SCMR  843 2005  PSC  1184
2005  PSC  708 2004  SCMR  100 2004  PLD  185 SC
2004  SCMR  1811 2003  PSC  1175 2002  SCMR  1023
2002  PLD  346 SC 2002  PSC 050  SC 2002  PSC  238 SC
2001  SCMR  1318 2001  SCMR  1227 2001  SCMR  328
2000  SCMR  1255 2000  SCMR  172 2000  PLD  89 SC
1999  SCMR  1549 1999  SCMR  2004 1998  SCMR  448
1993 PSC 320 PLJ 1989 SC 41 PLJ 1979 SC 231

 

ABATEMENT ORDERS BY HIGH COURTS

2009  MLD  451 2009  PLC 115 2009  PLC  21    
2009  PLC  290 2008  PLC 1025 2008  PLC  145
2008  CLC  697 2005  YLR 2479 2005  CLC  811
2004  YLR  647 2004  PLD  12 2003  YLR  2891
1997 CLC 243 PLJ 1997 Lah 1206 1997 CLS 271
 

2006 SCMR 1292-18

Abetment
by Ashtar Ausaf Ali

Conspiracy---abetment ---Amalgamating the act of "abetment " with "conspiracy" for commission of offence by the High Court being not legally justified, order of High Court allowing bail, was liable to be set aside for such reason alone. 
 

2012  SCMR  662 2012  SCMR  524 2012  SCMR  524
2012  SCMR  265 2012  SCMR  215 2012  SCMR  184
2012  PLD  222 2011  SCMR  863 2011  SCMR  2002
2011  SCMR  1893 2011  SCMR 1686 2011  SCMR  1543
2011  SCMR  1350 2010  SCMR 1849 2010  SCMR  1735
2010  SCMR  1221 2010 SCMR  1090 2007  PLD  93 SC
2007  SCMR  1958 2006  SCMR 1886 2003  PLD  250 SC
2002  SCMR  1533 2000  SCMR 1585 1999  SCMR  2760
1991 SCMR 2018 AIR 1990 SC 1210 PLD 1967 SC 340

HIGH COURTS RULINGS
 
NL 1991 CR. 153 Contra PLD 1966 Dac 269 PLD 1959 Dac 833
 

2012 SCMR 870-19

Abetment
by Ashtar Ausaf Ali

Allegations were that Ministry of Health had favoured two companies by extending/granting to them quotas of Ephedrine against the Rules and inquiry into such allegation was being obstructed and hampered---Supreme Court observed that commission of the crime, as disclosed in the F.I.R., was of a serious nature, notwithstanding whosoever was involved and what was his status, and concerned authorities should have allowed a transparent inquiry and investigation instead of causing obstructions and hampering the same for one reason or the other---Supreme Court directed that transfer/posting of Director-General, Regional Director and Deputy Director of Anti-Narcotics Force, in colourable exercise of powers, was not free from extraneous consideration, therefore, Regional Director and Deputy Director of Anti-Narcotics Force were not to relinquish the charge and they should continue with the investigation of the case without being influenced in any manner from any one.

2009 SCMR 1210-20

Abetment
by Ashtar Ausaf Ali

Abetment or instigation---Where evidence with regard to the allegation of abetment or instigation is lacking, the concession of bail can be extended in favour of accused. 

2009 SCMR 517-21

Abetment
by Ashtar Ausaf Ali

Abetment ---Conviction of abetter not sustainable when principal accused acquitted---Where an abettor or any other person is charged, tried or convicted along with the principal offender, then on the acquittal of the principal offender the same benefit would be extended to the ordinary person, because both sailed in the same boat.