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Latest Judgments (All Jurisdictions within Pakistan)

Major (R) MUHAMMAD IFTIKHAR KHAN Versus The STATE

Citation: 2022 SCMR 885

Case No: Criminal Miscellaneous Application No. 1184 of 2021 in Criminal Petition No. Nil of 2021

Judgment Date: 02/02/2022

Jurisdiction: Supreme Court of Pakistan

Judge: Sajjad Ali Shah, Sayyed Mazahar Ali Akbar Naqvi and Muhammad Ali Mazhar, JJ

Summary: (a) Criminal Procedure Code (V of 1898)- -S. 497(1), third proviso-Penal Code (XLV of 1860), Ss. 324, 429, 148, 149, 337-D & 337-F(v)-Murderous assault-Bail, refusal of-Delay in conclusion of the trial attributable to the accused-Report of the Trial Court about the day to day proceedings of the trial showed that the delay in conclusion of the trial was mostly attributable to the accused as he kept on moving numerous applications i.e. for acquittal under section 249-A, Cr.P.C, discharge, medical examination of injured, constitution of medical board for re-examination of the injured, stay of proceedings, summoning of roznamcha and original record of re-examination of injured etc-Report of the Trial Court clearly showed that the trial was being concluded by not only taking the matter almost on day to day basis but deciding the applications filed by the parties on almost daily basis-Prosecution evidence was almost complete barring two Investigating Officers and the Doctor, who were yet to be examined-Moreover the accused was specifically nominated in the crime report with a specific allegation of causing fire arm injury on the shoulder of the injured and he was arrested from the spot with the weapon of offence-Application was dismissed and accused was refused bail. (b) Criminal Procedure Code (V of 1898)- -S. 497(1), third proviso-Bail-Scope-Delay in conclusion of trial-Bail cannot be claimed as a matter of right even if delay is not attributable to the accused. Mirza Abid Majeed, D.P.G., Naveed, ASI and Ahsan., DSP, Circle City Kasur for the State.

AURANGZEB Versus State

Citation: 2022 SCMR 1229

Case No: Criminal Petition No. 35 of 2021

Judgment Date: 02/02/2022

Jurisdiction: Supreme Court of Pakistan

Judge: Sajjad Ali Shah,Sayyed Mazahar Ali Akbar Naqvi and Muhammad Ali Mazhar, JJ

Summary: Criminal Procedure Code (V of 1898)- Petitioner in person.

MUHAMMAD IMRAN vs FULL BENCH NATIONAL INDUSTRIAL RELATIONS COMMISSION and others

Citation: 2021 PLC 263

Case No: Writ Petition No.31827/2021

Judgment Date: 02/02/2022

Jurisdiction: Lahore High Court

Judge: Abid Hussain Chattha, J

Summary: Summary pending

Appellant vs MUHAMMAD ARMAGHAN KHAN and others

Citation: PLD 2023 Supreme Court 190

Case No: Civil Appeal No. 1474/2021

Judgment Date: 02/02/2022

Jurisdiction: Supreme Court of Pakistan

Judge: Ijaz ul Ahsan and Munib Akhtar, JJ

Summary: Summary pending

WARIS vs The STATE and another

Citation: 2022 YLR 136

Case No: Criminal Miscellaneous No. 46188-B/2021

Judgment Date: 02/02/2022

Jurisdiction: Lahore High Court

Judge: Ali Zia Bajwa, J

Summary: Summary pending

HABIB BANK LIMITED vs FEDERATION OF PAKISTAN and others

Citation: 2022 CLD 769

Case No: Writ Petition No. 3848/2021

Judgment Date: 02/02/2022

Jurisdiction: Lahore High Court

Judge: Safdar Saleem Shahid, J

Summary: Summary pending

IMTIAZ VS M/s PACIFIC OIL MILLS (PVT) LTD and another

Citation: 2024 YLR 2857

Case No: 1st Civil Appeal No. 72 of 2021

Judgment Date: 02/02/2022

Jurisdiction: Sindh High Court

Judge: Mahmood A. Khan and Nadeem Akhtar , JJ

Summary: Summary pending

DAWN FROZEN FOODS and otherss VS GOVERNMENT OF KHYBER PAKHTUNKHWA through Chief Secretary, Peshawar and others

Citation: 2024 YLR 2670

Case No: Case2738

Judgment Date: 02/02/2022

Jurisdiction: Peshawar High Court

Judge: Mohammad Ibrahim Khan, CJ and Wiqar Ahmad , J

Summary: (a) Constitution of Pakistan:----Art. 199---Constitutional petition---Seizure of vehicle for alleged advertisement tax evasion---Absence of statutory procedure---Violation of fundamental rights---Petitioners' delivery vehicle carrying perishable goods was seized by agents of local councils for non-payment of advertisement tax---Held, no subordinate legislation or bye-laws had been framed under Khyber Pakhtunkhwa Local Government Act, 2013 for regulating collection or enforcement mechanism of advertisement fee---No authorization was placed on record empowering officials or contractors to seize moveable property---Impugned actions were without lawful authority and amounted to abuse of statutory powers---Seizure of vehicle declared illegal; vehicle ordered to be released---Petition partially allowed.(b) Khyber Pakhtunkhwa Local Government Act (XXVIII of 2013):----S. 45(3) & (4)---Seizure of movable property---Requirement of statutory authorization---Scope---Seizure of vehicle by local authorities/agents for non-payment of advertisement fee---Held, powers under S.45(3) of the Act to recover dues by distress and sale of moveable property must be exercised strictly in accordance with law---Department must issue specific notification authorizing designated officials to exercise such power against identified individuals and property---No such authorization was available on record---Action taken by unauthorized persons is ultra vires, illegal and not protected under law.(c) Administrative Law:----Exercise of discretion---Abuse of power---Due process---Scope---Public authorities vested with discretionary powers must act within legal bounds, with bona fides, and in accordance with due process---Where law prescribes specific procedure for enforcement (such as recovery through arrears of land revenue), authorities cannot bypass it and exercise coercive measures without procedural safeguards---Seizure of vehicle containing food items without due process was unreasonable and contrary to constitutional protections.**(d) Local Government---Advertisement fee---Framing of bye-laws---Held, non-framing of bye-laws does not bar the levy of advertisement fee under enabling statute---However, collection and enforcement mechanisms must be exercised lawfully---Petitioners directed to respond to impugned notices, after which appropriate authority shall decide matter after affording hearing---Petitioners given liberty to challenge final decision through appropriate legal remedy.(e) Contempt of Court:----Non-compliance of interim order---Petitioners' failure to furnish bond---Effect---Petitioners sought contempt action against respondents for alleged violation of interim order barring recovery subject to filing of personal bond---Held, since petitioners themselves failed to comply with condition (i.e., execution of bond), no contempt was made out against respondents---Contempt petition dismissed.----Disposition:Writ Petition partially allowed---Seizure of vehicle declared illegal and vehicle ordered to be released---Petitioners directed to respond to notices; matter to be adjudicated by competent officer after hearing---Contempt petition dismissed for lack of compliance.

Liaquat Ali VS Federation of Pakistan

Citation: Pending

Case No: Writ Petition 1675 2017

Judgment Date: 02/02/2022

Jurisdiction: Islamabad High Court

Judge: Justice Arbab Muhammad Tahir

Summary: Police Matter, Against dismissal of petition U/o 22A Crpc for registration of Criminal Case.

Mst Yasmeen Afzal VS Learned ADSJ (West) etc

Citation: Pending

Case No: Writ Petition 2663 2020

Judgment Date: 02/02/2022

Jurisdiction: Islamabad High Court

Judge: Justice Arbab Muhammad Tahir

Summary: Police Matter: Petition against refusal by Justice of Peace to allow 22 -A.

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