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Latest Judgments (All Jurisdictions within Pakistan)

Ghulam Rasool & another (Petitioner) V/S Jawaid Ali & Others (Respondent)

Citation: N/A

Case No: 943/2019 Const. P.

Judgment Date: 19-OCT-20

Jurisdiction: Sindh High Court

Judge: Hon'ble Mr. Justice Irshad Ali Shah

Summary: Guardian and Ward Act, 1890 (G&W Section 25 allowed In Fever of Father Maintained by high Court as after death of his wife not remarried . )

Collector of Customs (Enforcement) (Applicant) V/S M/s. Ara Detergents & Chemicals FZE & others (Respondent)

Citation: N/A

Case No: Spl. Cus. Ref. A. 22/2022

Judgment Date: 26-APR-22

Jurisdiction: Sindh High Court

Judge: Justice

Summary: Scope of Tribunals power under section 194A Customs Act, 1969.

MUHAMMAD SOHAIL S/O JAHAN SHAH (Appellant) V/S THE STATE (Respondent)

Citation: N/A

Case No: Spl.Anti.Ter.A. 135/2020

Judgment Date: 22-DEC-20

Jurisdiction: Sindh High Court

Judge: Hon'ble Mr. Justice Nazar Akbar , Hon'ble Mr. Justice Zulfiqar Ahmad Khan

Summary: Section 353/324/34 PPC--In compliance of short order, we have been informed that theSSP, East has already filed a report and replies to show cause noticesby police officials have also been filed. A separate order will be passed inthe proceedings under Section 27 of the ATA, 1997 after examiningreplies of show cause notices and hearing of the police officials/officersin accordance with law.

Reliance Petrochemical Industries Pvt. Ltd. (Plaintiff) V/S F.B.R., & others. (Defendant)

Citation: N/A

Case No: Suit 989/2018

Judgment Date: 01-MAR-21

Jurisdiction: Sindh High Court

Judge: Hon'ble Mr. Justice Adnan Iqbal Chaudhry

Summary: After repeal of proviso to section 40B of the Sales Tax Act, 1990, the posting order passed thereunder by the Commissioner is not saved under section 6 of the General Clauses Act, 1897.

Salman Zafar Siddiqui & Others (Petitioner) V/S Govt of Sindh & Others (Respondent)

Citation: N/A

Case No: 4669/2022 Const. P.

Judgment Date: 07-MAR-23

Jurisdiction: Sindh High Court

Judge: Justice

Summary: Pension funds and like trusts are entitled for exemption from Tax under the Income Tax Ordinance 2001, without registration under the Sindh Trusts Act, 2020

Habib Bank Limited (Petitioner) V/S IXth Rent Controller, Khi (Central) & another (Respondent)

Citation: N/A

Case No: 310/2021 Const. P.

Judgment Date: 07-APR-21

Jurisdiction: Sindh High Court

Judge: Hon'ble Mr. Justice Muhammad Shafi Siddiqui

Summary: -Since statute does not provide remedy of appeal, this petition has been filed to invoke jurisdiction of this Court under Article 199 of Constitution of Islamic Republic of Pakistan, 1973. By dismissal of an application under order VII rule 11 CPC, none o

Jawad Ahmed and Ors (Petitioner) V/S Sect: Ind & Production and Ors (Respondent)

Citation: N/A

Case No: 5663/2020 Const. P.

Judgment Date: 01-FEB-21

Jurisdiction: Sindh High Court

Judge: Hon'ble Mr. Justice Muhammad Shafi Siddiqui, Hon'ble Mr. Justice Adnan-ul-Karim Memon

Summary: policy decision---Prima facie, the launching of Gulshan-e-Hadeed Housing Scheme Phase-IV was/is a policy decision which has already been taken care of by the Secretary Ministry of Industries and Production, Government of Pakistan, whereby the request of PSMC was declined for delinking of the launching of Gulshan-e-Hadeed Housing Scheme from the privatization process vide letter dated 13.04.2015. Besides the subject matter in these proceedings is a policy matter and Privatization Commission has already taken back the decision vide letter dated 16.02.2015 for the launching of aforesaid Society till the privatization of PSMC which is the policy decision of respondents; and, in the given circumstances of the case, we are not inclined to interfere in the policy decision under its Constitutional jurisdiction, for the reasons already given hereinabove.

Ashfaq Muhammad Awan and Ors (Petitioner) V/S Fed. of Pakistan and Others (Respondent)

Citation: N/A

Case No: 1046/2019 Const. P.

Judgment Date: 24-JUL-20

Jurisdiction: Sindh High Court

Judge: Hon'ble Mr. Justice Aqeel Ahmed Abbasi , Hon'ble Mr. Justice Mahmood A. Khan

Summary: Against withholding of income tax by the Accountant General Sindh on the amounts paid towards Judicial Allowance and Special Judicial Allowance by treating the same as part of their salary income chargeable to tax under the Income Tax Ordinance, 2001. The Hon'ble bench of Sindh High Court has been pleased to allow both these petitions in the following terms:-"In view of hereinabove facts and circumstances of the case, we are of the considered opinion that amount of judicial allowance and special judicial allowance paid to the Members of establishment of Sindh High Court as well as to the Members of the establishment of sub-ordinate judiciary of Province of Sindh falls within the exclusion in terms of clause (c) of sub-section (2) of Section 12 of the Income Tax Ordinance, 2001, therefore, not part of their taxable salary income, hence, not chargeable to Tax or deduction under Section 149 of the Income Tax Ordinance, 2001. Accordingly, withholding of income tax on the aforesaid amounts is hereby declared to be illegal and without lawful authority. Consequently, both the constitutional petitions are allowed along with listed applications. Respondents are directed not to withhold any amount of income tax from judicial allowance and special judicial allowance of the Members of establishment of Sindh High Court as well as the Members of establishment of sub-ordinate judiciary in Province of Sindh. The amounts already deducted from the salary of the Members of establishment of Sindh High Court as well as to the sub-ordinate judiciary, shall be refunded by the FBR, on their filing refund applications in accordance with law, preferably, within a period of three months from the date of such claims."

Waseem Ahmed (Petitioner) V/S The State and Others (Respondent)

Citation: N/A

Case No: 2440/2020 Const. P.

Judgment Date: 13-AUG-20

Jurisdiction: Sindh High Court

Judge: Hon'be Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Zulfiqar Ali Sangi

Summary: NAB (Bail granted, as accused made Pardon granted to him , main co accused already on bail.)

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

Citation: N/A

Case No: 4356/2019 Const. P.

Judgment Date: 01-SEP-21

Jurisdiction: Sindh High Court

Judge: Justice

Summary: [Sindh Civil Servant Welfare Fund Ordinance 1979 (Group Insurance)] Without prejudice to above, since there is consent order, no review was preferred even that order was not assailed. In case, if there was no deduction by the department and they were sending salary directly to the account; that is not justification to withhold group insurance. Accordingly, Secretary Health, Government of Sindh shall ensure that group insurance amount is paid as per her entitlement to the nominee without any delay. While parting this order, learned AG Sindh shall ensure presence of any focal person of Accountant General Sindh (A.G. Sindh) to assist this Court that under what capacity complete salary was transferred and they failed to deduct the amount and who were responsible with regard to such irregularity, if any. This exercise shall be completed within 15 days.

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