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Latest Judgments (All Jurisdictions within Pakistan)
Haji Muhammad Yaqoob Vs DC ETC.. .
Summary: Punjab Overseas Pakistanis Commission Act (XX of 2014)-------S.7---Intra Court appeal---Functions of the Commissioner---Interference in judicialfunctions---Scope---Question before High Court was whether the Commissioner wasjustified in constituting a committee to visit the site of the plots, thrash out revenue record,registration record, Record/Plan of Development Authority, Cooperative Department Record,Housing Society's Record, etc., when the matter was already under adjudication before thecourts of competent jurisdiction---Said order was issued on a complaint from the overseasPakistani citizen---Validity---Government Agencies on the behest and directive of theCommissioner could not initiate proceedings against private persons by issuing themsummonses/notices in order to resolve a civil dispute---Determination of third party rightswas unequivocally a judicial function and could only be carried out by a court of law i.e. thejudicature, and not by the Punjab Overseas Pakistanis Commission or the GovernmentAgencies, which formed executive organs of the State---Order passed by Commissionerregarding thrashing record amounted to interference in judicial proceedings pending in theCourts of law, where the parties were already appearing---Commissioner had transgressedhis power/jurisdiction---Intra courts appeals were allowed.
Azhar Ali Vs Province of Punjab through Secretary Local Govt etc
Summary: Punjab Local Government Act (XVIII of 2013) [since repealed]-------Ss. 154 & 143---Punjab Local Government (Appeal) Rules, 2007, R.4---Constitution ofPakistan, Art. 199---Constitutional petition---Alternate remedy, availability of---Maintainability---Scope---Petitioner assailed enhancement of licence fee for establishment ofa rice mill and notice of recovery---Contention of petitioner was that impugned notificationissued under Punjab Local Government Ordinance, 2001, did not hold field as the same wasrepealed on 28-08-2013 by promulgation of Punjab Local Government Act, 2013---Validity---Section 154(2) of the Punjab Local Government Act, 2013, clearly stated that tax or feelevied under the repealed Ordinance shall continue to be in force and have effect as if it wererespectively done, taken, commenced, made, directed, passed, given, executed or issuedunder the Act---Section 153 of the Punjab Local Government Act, 2013, empowered thesuccessor local government to charge levy and collect all the taxes, etc., which were chargedunder the repealed Act---Petitioner had a right of appeal against the impugned notice underS.143 of the Punjab Local Government Act, 2013, read with R.4 of Punjab LocalGovernment (Appeal) Rules, 2017
Omer Flour & General Mills Pvt LTd Vs GOP through Secretary Ministry of Foods etc
Summary: (a) Customs Act (IV of 1969)-------S.131---Export Goods Declaration---Show-cause notice---Petitioners sought directions tothe authorities to withdraw their letters which were correspondence between departmentsregarding double verification of Export Goods Declarations from Customs Authority andchallenged a show-cause notice issued in the name of petitioners wherein the concernedauthority required them to appear before the Director for defending their stance---Validity---Correspondence could culminate into an executable order only when it reached the finaldecision-making authority in the department, gets its approval and the final order iscommunicated to the person concerned---Show-cause notice was mere initiation ofproceedings and not the proceedings in itself and constitutional petition was not maintainableagainst it unless the same was without jurisdiction or suffered from patent legal defect---Constitutional petitions were dismissed.
ZAIN ALI vs The STATE
Summary: Summary pending
KASHIF DARS vs The STATE and 2 others
Summary: Summary pending
MUHAMMAD TARIQ AJMAL vs The STATE and others
Summary: Summary pending
Syed ALI MANZAR ZAIDI and 6 otherss vs Syed NAFEES HAIDER and 10 others
Summary: Summary pending
KHUDAEDAD and 15 otherss vs BHAWAL KHAN and another
Summary: Summary pending
Messrs AH TEXTILES vs The DIRECTOR DIRECTORATE OF INTELLIGENCE AND INVESTIGATION FBR and 4 others
Summary: Summary pending
AMAN UD DIN vs MUHAMMAD KHAN and others
Summary: Summary pending