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Latest Judgments (All Jurisdictions within Pakistan)

Karim Sayani (Plaintiff) V/S Almina Pardhan (Defendant)

Citation: N/A

Case No: Suit 891/2017

Judgment Date: 07-AUG-17

Jurisdiction: Sindh High Court

Judge: Hon'ble Mr. Justice Muhammad Ali Mazhar

Summary: Family matter ( Marriage dissolved in the settlement and indenture of Mubarat. compromise application is allowed. )

Syed Muzaffar Ali Jaffro (Petitioner) V/S Province of Sindh & Others (Respondent)

Citation: N/A

Case No: 1826/2019 Const. P.

Judgment Date: 08-APR-19

Jurisdiction: Sindh High Court

Judge: Hon'ble Mr. Justice Adnan-ul-Karim Memon

Summary: Service matters (transfer and posting)

Ashfaq Ahmed Memon (Petitioner) V/S Fed. of Pakistan and Others (Respondent)

Citation: N/A

Case No: 4485/2020 Const. P.

Judgment Date: 05-MAY-21

Jurisdiction: Sindh High Court

Judge: Hon'ble Senior Pusine Mr. Justice Irfan Saadat Khan, Hon'ble Mr. Justice Adnan-ul-Karim Memon

Summary: the major penalty of removal from service--we are clear in mind that pendency of the disciplinary proceedings, the final decision against the Petitioners has yet to be taken by the respondents afresh, and the petitioners will have an opportunity of hearing before impugned final action, if any, is taken against them by the Competent Authority of respondent-Pakistan Railways Karachi.

Mst. Naz Bibi (since died) through her LRs (Appellant) V/S Wahid Bux (since died) through his LRs and others (Respondent)

Citation: N/A

Case No: II.A 85/2019

Judgment Date: 02-AUG-21

Jurisdiction: Sindh High Court

Judge: Hon'ble Mr. Justice Nadeem Akhtar

Summary: The impugned judgment and decree of the learned appellate Court are maintained to the extent of entitlement of respondent No.1 in respect of the amount of the National Savings Certificates left by the deceased along with profit thereon, however, according to his share as per Shariah ; and, the impugned judgment and decree are set aside to the extent of grant of 50% share to respondent No.1 in the severance grant, gratuity and benevolent fund of the deceased, which shall be paid expeditiously to the legal heirs of the appellant / widow as per the service rules and regulations of the respondent No.2-bank. Needless to say the above payments shall be in addition to the donation by the respondent No.2-bank and the death compensation of the deceased granted to the appellant / widow by the learned appellate Court which, having not been challenged by respondent No.1, has attained finality. This appeal is partly allowed in the above terms with no order as to costs.

TARIQ MASOOD (Petitioner) V/S SHER MUHAMMAD DIN & OTHERS (Respondent)

Citation: N/A

Case No: 154/2021 Const. P.

Judgment Date: 09-APR-21

Jurisdiction: Sindh High Court

Judge: Hon'ble Mr. Justice Muhammad Shafi Siddiqui

Summary: Sindh Rented Premises Ordinance,1979, Sindh Rented Premises Ordinance,1979 (Ex parte Order Rent Controller &Appellate Court Set-aside ) The respondent may have proved the ownership of the property but then the relationship of landlord and tenant has to be established independently. It has to be proved through reliable evidence and documents that applicant/respondent apart from being owner of property was also the landlord of the occupant.

Jan Muhammad (Petitioner) V/S Province of Sindh and Others (Respondent)

Citation: N/A

Case No: 369/2021 Const. P.

Judgment Date: 13-AUG-21

Jurisdiction: Sindh High Court

Judge: Justice

Summary: Anti-Money Laundering Act, 2010 (Petition allowed)

Imran Ahmed Ansari (Petitioner) V/S Fed. Of Pakistan and ors (Respondent)

Citation: N/A

Case No: 838/2014 Const. P.

Judgment Date: 22-JAN-20

Jurisdiction: Sindh High Court

Judge: Hon'ble Mr. Justice Muhammad Shafi Siddiqui, Hon'ble Mr. Justice Adnan Iqbal Chaudhry

Summary: 1. Since the Petitioners service was terminated under Rule 8(b)(1) of the DHA Service Rules, which rule has since been declared un-constitutional by the Supreme Court of Pakistan in the case of Itrat Sajjad (2017 SCMR 2010), the only point left for our consideration is whether the effect of the declaration in Itrat Sajjad on the case of the Petitioner can be addressed by us in writ jurisdiction. 2. It had been settled by a 5 member Bench of the Supreme Court in DHA v. Jawaid Ahmed (2013 SCMR 1707) that applying the function test, the DHA is a person to whom a writ can issue under Article 199(1)(a)(ii) of the Constitution of Pakistan. But then, moving to a question distinct, viz. whether the employee of a statutory authority can invoke the writ jurisdiction of the High Court to enforce service rules of the statutory authority, it was held that where service rules were non-statutory, those cannot normally be enforced in writ jurisdiction for such rules attract the principle of master and servant; but at the same time it was also held that where action of a statutory authority in a service matter is in violation of principles of natural justice, such action can be interfered with in writ jurisdiction. Itrat Sajjad reiterates the same principles, and while it was concluded that the DHA Service Rules are non-statutory and thus not enforceable ordinarily by way of a writ petition, the judgment went on to hold that since Rule 8(b)(1) of the DHA Service Rules violated the principle of natural justice, the case fell within the recognized exception that a writ can issue where the action of a statutory authority in a service matter is violative of the principle of natural justice. For the same reason, this petition, to the extent it assails termination issued under the same Rule 8(b)(1) of the DHA Service Rules, is also maintainable.

Azizullah (Petitioner) V/S Province of Sindh & Others (Respondent)

Citation: N/A

Case No: 6244/2019 Const. P.

Judgment Date: 26-MAY-21

Jurisdiction: Sindh High Court

Judge: Hon'ble Senior Pusine Mr. Justice Irfan Saadat Khan, Hon'ble Mr. Justice Adnan-ul-Karim Memon

Summary: Whether the Petitioner is qualified for the post of Head Master/Head Mistress in BPS-17 in Education & Literacy Department, Government of Sindh?ii) Whether the post of Head Master/Head Mistress in BPS-17 in Education & Literacy Department, Government of Sindh is to be filled by 80% by initial appointment through Sindh Public Service Commission (except contract employees) and 20% by promotion amongst the various categories of teachers having 7 years service in BPS-16?

Mst. Parveen Raza Jadun through her legal heirs (Applicant) V/S Bashir Ahmed Chandio and others (Respondent)

Citation: N/A

Case No: CR 144/2014

Judgment Date: 12-JUL-19

Jurisdiction: Sindh High Court

Judge: Hon'ble Mr. Justice Muhammad Faisal Kamal Alam

Summary: (i). In direct benami claim requires a higher standard of proof; (ii) every transaction between family members cannot be recognized as benami; (iii). Claimant not challenged the purchase of property by father in favour of his son, during the life time of the father, then claim of Plaintiff (sister) is meritless.

Muhammad Asif Ansari and Ors (Petitioner) V/S Pakistan Televison Corp. and ORs (Respondent)

Citation: N/A

Case No: 2201/2017 Const. P.

Judgment Date: 04-JUN-21

Jurisdiction: Sindh High Court

Judge: Hon'ble Senior Pusine Mr. Justice Irfan Saadat Khan, Hon'ble Mr. Justice Adnan-ul-Karim Memon

Summary: The foremost case involved in the present proceedings are whether the re-designation / induction of the private respondents as Producer Programs (G-5) was/is suffering from inherent disqualification under the PTVC rules, and whether the private respondents are holders of the public office, therefore, fall within the purview of sub-clause 1(b) (ii) of Article 199 of the Constitution and this Court has jurisdiction to entertain this petition

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