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Latest Judgments (All Jurisdictions within Pakistan)

Abo Bakar Sadique Vs IG punjab

Citation: 2020 LHC 3944, 2021 PLC CS 115

Case No: Writ Petition No.11427 of 2017

Judgment Date: 14/10/2020

Jurisdiction: Lahore High Court

Judge: Justice Jawad Hassan

Summary: (a) Civil service-------Appointment to advertised post---Scope---Grievance of petitioner was that he had passedwritten test, endurance test as well as appeared in general interview however, he wasdeclared 'Fail' in general interview despite the fact that he had been on top in other tests---Validity---Petitioner could not obtain 8 marks out of 20 marks in general interview,therefore, he was declared 'Fail' by the interview committee---Clause 19 of the advertisementclearly demonstrated that the candidates had to pass all exams/interview and in case offailure at any stage, they would not be recruited---Constitutional petition, being meritless,was dismissed.(b) Civil service-------Appointment to advertised post---Scope---Advertisement is a promise stating all the ruleswhich the authority undertakes to observe in consideration for giving employment to themost suitable candidate.(c) Constitution of Pakistan-------Art.199---Constitutional jurisdiction of High Court, exercise of---Object---Scope---Objectof proceedings initiated under Art. 199 of the Constitution is only the enforcement ofFundamental Rights and not the establishment of rights

Muhammad Ameer @ Kali,etc v. The State, etc

Citation: 2021 SCP 155, 2021 SCMR 1192

Case No: Crl.P.763-L/2016

Judgment Date: 14/10/2020

Jurisdiction: Supreme Court of Pakistan

Judge: Mr. Justice Qazi Muhammad Amin Ahmed

Summary: The crime report indicated that the petitioners, armed with shotguns, jointly targeted the deceased. The motive for the murder was believed to be related to the abduction of some females.During the trial, the petitioners were convicted and sentenced to death by the trial court under Section 302(b) of the Pakistan Penal Code. However, the High Court disbelieved the motive and altered the death penalty to life imprisonment for the petitioners.In the Supreme Court, the counsel for the convicts argued that there was a conflict between the ocular account and the autopsy report's findings. The counsel for the complainant contended that the overall evidence supported the guilt of the petitioners and sought restoration of the death penalty.After hearing the arguments and perusing the record, the Supreme Court held that there was a troubled relationship between the complainant's and petitioners' families, suggesting a motive for the murder. While the conviction of Muhammad Ameer alias Kali was set aside due to insufficient evidence, Riaz Ahmed's conviction was maintained. Criminal Petition No. 746-L of 2016 also failed. The request for leave was declined.

Sewa Khan V. The State,

Citation: 2021 MLD 1364

Case No: Criminal Appeal No.(s)58 of 2020

Judgment Date: 14/10/2020

Jurisdiction: Balochistan High Court

Judge: Justice Muhammad Hashim Khan Kakar

Summary: (a) Pakistan Arms Ordinance (XX of 1965)-------S.13---Unlicensed possession of arms---Appreciation of evidence---Scope---Allegationagainst accused was that he, in order to avoid his arrest, opened firing upon the Leviespersonnel which resulted in firearm injury to a constable, however, he was overpowered andwas found to be in possession of an SMG rifle along with 3 magazines containing 35 livecartridges---Injured constable was not produced before the Trial Court nor was his medicalcertificate produced---No empties were recovered from the place of occurrence by theInvestigating Officer---Burden was on the prosecution to prove not only that the firearm wasrecovered from the possession of accused but also that he was not possessing any validlicence to keep the same---Weapon recovered from the possession of accused was never sentto the Ballistic Expert, therefore, without ascertaining the nature of weapon and its conditionpunishment could not be awarded---Appeal against conviction was allowed, incircumstances.Rahim Bux v. State 2010 PCr.LJ 642 rel.(b) Criminal trial-------Guilt against the accused must rest surely and firmly on the evidence produced in the caseand plain inference of the guilt may irresistibly be drawn from the evidence.

Government of Balochistan through Secretary Services & General Adminstration Department and others v. Abdul Rauf

Citation: PLD 2021 SC 313, 2020 SCP 267

Case No: C.A.433/2020

Judgment Date: 14/10/2020

Jurisdiction: Supreme Court of Pakistan

Judge: Justice Ijaz Ul Ahsan

Summary: Background:The case involves Civil Appeals No. 433 to 438 and 596 of 2020, arising from a consolidated judgment of the High Court of Balochistan, Quetta dated 03.01.2020. The Respondents had applied for various posts advertised by the Government of Balochistan. After recommendations for appointment were made by a Selection/Recruitment Committee, the department failed to announce the results or publish a merit list. The Respondents approached the Balochistan High Court seeking relief, which was granted. The Government of Balochistan challenged this order in the Supreme Court.---Issues:Whether the recruitment process conducted during the Caretaker Government was legal.Whether there was a transparent process of testing and interviewing.Whether the recommendations made by the Committee were valid.---Holding/Reasoning/Outcome:The Supreme Court held that the recruitment process conducted during the Caretaker Government was illegal, as the Caretaker Government is only authorized to manage day-to-day affairs until a duly elected government takes charge. They found no evidence of a transparent process of testing and interviewing, and the recommendations made by the Committee lacked validity. Therefore, the Supreme Court set aside the High Court's order and ruled in favor of the Government of Balochistan. The Respondents' appeals were dismissed.---Citations/Precedents:Khawaja Muhammad Asif v. Federation of Pakistan and others (2013 SCMR 1205): Cited to establish the limited mandate of a Caretaker Government.The Recruitment Policy, 2009: Referred to in the context of the requirements for transparency in the recruitment process.Par a-5 of letter-dated 15.03.2016: Cited regarding the observance of the Recruitment Policy, 1991.

TAHIR NAQASH vs The STATE and another

Citation: 2021 PCrLJ 1334

Case No: Criminal Appeal No. 70487/2019

Judgment Date: 13/10/2020

Jurisdiction: Lahore High Court

Judge: Anwaarul Haq Pannun and Muhammad Amjad Rafiq, JJ

Summary: Summary pending

Present: Maqbool Baqar Yahya Afridi and Qazi Muhammad Amin Ahmed JJ COLLECTOR OF CUSTOMS vs Messrs BYCO PETROLEUM PAKISTAN and others

Citation: 2020 PTD 973

Case No: Civil Appeals Nos. 1019 to 1021/2019

Judgment Date: 13/10/2020

Jurisdiction: Supreme Court of Pakistan

Judge: Unknown Judge

Summary: Summary pending

SILK BANK LIMITED through Team Leader Legal vs SUI NORTHERN GAS PIPELINES LIMITED through Authorized Attorney and 9 others Writ Petition No 27720 of 2019 heard on 13th October 2020

Citation: PLD 2021 Lahore 15

Case No: Case55545

Judgment Date: 13/10/2020

Jurisdiction: Unknown

Judge: Ayesha A. Malik, J

Summary: Summary pending

Dr. Sheikh Akhtar Hussain VS FOP etc

Citation: 2021 PLC CS 1071

Case No: Writ Petition-3003-2020

Judgment Date: 13/10/2020

Jurisdiction: Islamabad High Court

Judge: Justice Miangul Hassan Aurangzeb

Summary: Petitioner is aggrieved that board has terminated his services as CEO of DRAP

Rashid Minhas VS NAB

Citation: 2021 YLR 1072

Case No: Criminal Appeal-196-2018

Judgment Date: 13/10/2020

Jurisdiction: Islamabad High Court

Judge: Justice Mohsin Akhtar Kayani

Summary: Criminal Appeal: NAB Appeal: Against Conviction 11 Years

Zeeshan Ahmad Khan Vs KP PSC

Citation: 2022 PLC CS N 15

Case No: W.P No. 2362-P /2228

Judgment Date: 13/10/2020

Jurisdiction: Peshawar High Court

Judge: Justice

Summary: No one shall suffer for the acts of the others.

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