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Latest Judgments (All Jurisdictions within Pakistan)

Tajay etc VS Mst Husina Bibi

Citation: PLJ 2020 CrC N 42, 2020 PCrLJ 868

Case No: Cr.A No. 252-M /2015

Judgment Date: 13/11/2018

Jurisdiction: Peshawar High Court

Judge: Justice

Summary: Where there was no burning and blackening present around the wound the same itself suggested that shot was fired from longer distance than nearer distance but such fact was also dependent upon the kind and quality of gun powder used in the cartridges and the length of barrel and its diameter at muzzle end.

SNGPL Abbotabad VS AHZAZ CNG Station

Citation: 2019 YLR 1402

Case No: FAO No. 13-A /2018

Judgment Date: 13/11/2018

Jurisdiction: Peshawar High Court

Judge: Justice

Summary: Appeal against an interlocutory order of the Gas utility court is not maintainable in view of section 13(6) of Gas (theft control and Recovery) Act, 2016. Appeal dismissed.

Ali Azim Afridi Vs Syed Waqar Shah etc

Citation: 2019 PLC CS 1109

Case No: W.P No. 2512-P /2016

Judgment Date: 13/11/2018

Jurisdiction: Peshawar High Court

Judge: Justice

Summary: In the writ petition, Ali Azim Afridi challenged the absorption of Syed Waqar Shah as the Special Secretary to the Speaker in the Provincial Assembly of Khyber Pakhtunkhwa, Peshawar. Afridi argued that the absorption was void ab initio, coram non judice, and without any lawful authority. The respondents resisted the petition, claiming that employees of the Provincial Assembly were not civil servants and that the Speaker enjoyed independent status in terms of service conditions. They also asserted that the creation of the post and the absorption of Shah were legally valid. After hearing the arguments and examining the record, the court found that the creation of the post and the subsequent absorption of Shah were in violation of the Recruitment Rules, 1974. The court declared Shah's absorption as Special Secretary to the Speaker as illegal, void ab initio, coram non judice, and without lawful authority. The court criticized the authorities involved in the process for bypassing clear provisions of law and rules, showing nepotism and favoritism. The court appreciated the petitioner's courage to bring such violations to its attention. In conclusion, the writ petition was allowed, and Shah's absorption as Special Secretary was declared illegal and void.

Mst. Lala Rukh Yousafzai Vs Govt. of KP

Citation: 2020 PLC CS 198, PLJ 2020 Peshawar N 71

Case No: W.P No. 2806-M /2017

Judgment Date: 13/11/2018

Jurisdiction: Peshawar High Court

Judge: Justice

Summary: It is settled law and dully mentioned in ESTACOSE of Khyber Pakhtunkhwa that two percent of all posts in each basic pay scale to be filled in by initial recruitment shall be reserved for disabled candidates.When the rules regarding an issue relating to award of additional marks on obtaining higher education/training is silent regarding the cut-off date of the acquisition of the said training/ Degree, then department shall award the additional marks to the candidate for the said additional qualification.

Muhammad Iqbal Shah Vs F.O.P through Secretary Ministry of Religious Affairs and Interfaith Harmony etc.

Citation: 2018 LHC 4035, PLJ 2019 Lahore (Note) 55 2019 MLD 1087

Case No: Writ Petition177395/18

Judgment Date: 13/11/2018

Jurisdiction: Lahore High Court

Judge: Mr. Justice Muzamil Akhtar Shabir

Summary: The restrictions placed upon travel of Zaireen of Pakistani under official arrangements to accommodate maximum number of Zaireen in the limited permissible number fixed for visiting under the government supervision are based on policy decision of the government and this Court in its Constitutional jurisdiction is not competent to revisit the policy of the government or set aside the same unless some illegality, arbitrariness or established mala fides or violation of any law is pointed out which is not forthcoming in the present case.

M. Yasir VS Senior Superintendent Police

Citation: Pending

Case No: Civil Appeal No. 157/2018

Judgment Date: 13/11/2018

Jurisdiction: AJK Supreme Court

Judge: Justice (Name Withheld)

Summary: Summary Pending

NASIR RAJPOOT vs The STATE

Citation: 2019 MLD 1021

Case No: Criminal Appeal No. D-44/2017

Judgment Date: 12/11/2018

Jurisdiction: Sindh High Court

Judge: Naimatullah Phulpoto and Zulfiqar Ahmad Khan, JJ

Summary: Summary pending

Malik MUHAMMAD BASHIR LAKHESAR ASSISTANT ADVOCATEGENERAL PUNJAB vs GOVERNMENT OF PUNJAB and others Writ Petition No14030 of 2018 decided on 12th November 2018

Citation: PLD 2019 Lahore 1

Case No: Witheld

Judgment Date: 12/11/2018

Jurisdiction: Unknown

Judge: Jawad Hassan, J

Summary: Summary pending

KHALIL UR REHMAN alias HEERA vs The STATE and others

Citation: 2018 YLR 2243

Case No: Crl. Misc. No.50736-B/2017

Judgment Date: 12/11/2018

Jurisdiction: Lahore High Court

Judge: Muhammad Yawar Ali and Ch. Abdul Aziz, JJ

Summary: Summary pending

MUHAMMAD RASHEED VS MUHAMMAD BASHIR and others

Citation: 2019 YLR 388

Case No: C.R. No.1060-D/2009

Judgment Date: 12-11-2018

Jurisdiction: Lahore High Court

Judge: Justice Amin-Ud-Din Khan

Summary: (a) Inheritance and Devolution of Property in Post-Partition Land Settlement ----Land allotted post-partition was in lieu of property left in India and did not form part of original inheritance. The petitioners contended that the suit property was inherited from their ancestor, Hakim Ali, and should have devolved upon his three sons in equal shares. However, the court found that Hakim Ali had passed away before the partition of the subcontinent. The property in question was not inherited from him but was allotted separately to his three sons after migration in lieu of properties left in India. Cited Case Law: None specifically referenced (b) Suit for Declaration – No Creation of New Rights ----A declaratory suit can only recognize pre-existing rights and cannot create new legal entitlements. The court held that a suit for declaration cannot create new rights but only affirms existing ones. The petitioners failed to establish that their ancestor owned the claimed property, and the court rejected their attempt to claim ownership through a declaration. Cited Case Law: None specifically referenced (c) Fatal Defect in Suit – Non-Impleadment of Necessary Parties ----Failure to implead revenue officials and the Province of Punjab was a fatal procedural defect. The petitioners alleged collusion between private respondents and government officials in the property’s mutation. However, they failed to implead the Province of Punjab or relevant revenue officials as necessary defendants. The court ruled that this omission was a fundamental defect, rendering the suit untenable. Cited Case Law: None specifically referenced (d) Bar on Reopening Long-Settled Transactions ----Land sold through a registered sale deed in 1966 cannot be challenged after decades. The court noted that the predecessor of the petitioners, Fateh Muhammad, had already sold his allotted property via a registered sale deed on 10.10.1966, and the petitioners only initiated the suit in 2000—after more than three decades. The claim was dismissed on grounds of delay and lack of legal standing. Cited Case Law: None specifically referenced Disposition: Civil Revision Dismissed—No Proof of Original Ownership—Failure to Implead Necessary Parties—Long-Settled Transactions Cannot Be Challenged.

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