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Latest Judgments (All Jurisdictions within Pakistan)

Bakhtiar VS The State

Citation: 2019 MLD 477, PLJ 2019 CrC 142

Case No: CrM.B.A No. 2305-P /2018

Judgment Date: 12/11/2018

Jurisdiction: Peshawar High Court

Judge: Justice

Summary: u/s 497 CrPCCriminal Procedure 203(c) Procedure in case Fornication Code.

Tahir Khan Vs The State

Citation: 2019 YLR 545, PLJ 2019 CrC 146

Case No: Cr.R No. 30-P /2017

Judgment Date: 12/11/2018

Jurisdiction: Peshawar High Court

Judge: Justice

Summary: Section 540 CrPC.Exemption of accused from appearance.

Abdul Majeed Vs Miskeen etc

Citation: N/A

Case No: CR. No. 371-A

Judgment Date: 12/11/2018

Jurisdiction: Peshawar High Court

Judge: Justice

Summary: Civil Revision under section 115 CPC... Long standing entries in revenue record... such entries carries presumption of truth.

Abdul Rehman (Petitioner) V/S THe Chairman P.N.S.C and Ors (Respondent)

Citation: 2020 PLC CS Note 3

Case No: 5083/2013 Const. P.

Judgment Date: 12/11/2018

Jurisdiction: Sindh High Court

Judge: Hon'ble Mr. Justice Adnan-ul-Karim Memon

Summary: Dismissed---The petitioner claimed that he had been appointed as a Messenger in the Pakistan National Shipping Corporation (PNSC), and was later promoted to the position of Senior Assistant. He argued that the PNSC, through a Board Resolution sent him and other employees on forced leave and subsequently terminated his service. He stated that he did not contest his case legally, but his colleagues had pursued legal action regarding similar issues. The petitioner referred to various legal proceedings, including a judgment, where his colleagues had approached the court regarding the same matter. This case was dismissed due to delays. He also mentioned that he was subsequently hired by Karachi Port Trust (KPT) as Moazzin-cum-Khadim on a fixed monthly stipend. The Respondent's counsel contended that the petitioner's case was suffering from laches (unreasonable delays) as he had waited for over 11 years to file the current petition. The petitioner's counsel maintained that the petitioner received his dues after being terminated but later decided to pursue legal action. The court considered the arguments and found that the petitioner had delayed filing the petition for over 11 years after receiving his dues and being terminated. Due to this lengthy delay, the court concluded that the petition suffered from laches and dismissed it on those grounds, without delving into the merits of the case.

Mst. Irshad Bibi etc. Vs D.P.O. etc.

Citation: 2018 LHC 2775, 2019 PCrLJ 436

Case No: Cr. Misc. No.248023-H of 2018

Judgment Date: 12/11/2018

Jurisdiction: Lahore High Court

Judge: Justice Muhammad Waheed Khan

Summary: In compliance with a court order, the Station House Officer (SHO) produced the minor along with his father, who admitted the child's age. The petitioner's counsel argued that the minor was taken from the mother immediately after birth, and she was compelled to live with her parents. The judge, considering the tender age of the child, the recent separation from lawful custody, and the urgency of the matter, cites precedents from the Supreme Court of Pakistan. The judge asserted that matters of custody of very young children can be brought before a High Court under section 491 Cr.P.C. The High Court may regulate interim custody, while the final custody determination falls under the jurisdiction of the Guardian Court. The court orders the immediate handover of custody of the minor, Ali Sher, to his mother. However, the father is granted the liberty to approach the Guardian Court for the regularization of custody. The petition was allowed in these terms.

SHAMSHAD ALI VS THE STATE ETC

Citation: 2018 LHC 2642, 2019 Law Note 1 Lahore 2019 YLR 1008 Lahore

Case No: Criminal Appeal No.705/2012

Judgment Date: 12/11/2018

Jurisdiction: Lahore High Court

Judge: Justice Farooq Haider

Summary: Acquittal granted --- The judgment highlighted various aspects of the case that the court considered, including the registration of the case, ocular account and identification of the accused, extra-judicial and judicial confessions, recovery of a pistol, medical evidence, and motive. The court found several deficiencies in the prosecution's case, including issues related to the registration of the case, the credibility of the ocular account, problems with the extra-judicial and judicial confessions, and a lack of evidence supporting the motive. The court concluded that the prosecution failed to prove its case beyond a reasonable doubt. As a result, the court accepted Shamshad Ali's criminal appeal, setting aside the conviction and sentences imposed on him. The Murder Reference was also answered in the negative, indicating that the court did not confirm the death sentence. The appellant, was ordered to be immediately released unless involved in any other case.

ABDUR RASHID (DECEASED) THR. LRS. ETC. VS MST. SULTANA BEGUM ETC.

Citation: 2018 LHC 2560, 2019 CLCN 18 Lah

Case No: ICA No.811 of 2015

Judgment Date: 12/11/2018

Jurisdiction: Lahore High Court

Judge: Justice Ch. Muhammad Iqbal

Summary: The central issue revolved around the legality of the allotments, especially the alleged double allotment of the same land to different claimants. The Additional Settlement Commissioner declared Atta Muhammad's allotment as illegal but allowed subsequent vendees to purchase the land under their possession. The appellants, claiming to be bonafide purchasers, challenged the cancellation order, arguing that they had acquired the land legally. The court's decision emphasized the fraudulent nature of Atta Muhammad's allotment, citing the Chief Settlement Commissioner's findings and the fact that the entire claim of Atta Muhammad had been satisfied in 1953. The court also highlighted the illegalities in the subsequent allotment to Sultana Begum and others, pointing out discrepancies and fraudulent practices. The judgment maintained that the sale of the evacuee land to the appellants through private understanding is illegal and upholds the cancellation of Sultana Begum's allotment. Overall, the court's decision focused on ensuring the legality and transparency of evacuee land allotments, emphasizing the need for adherence to the law in the disposal of such properties.

MALIK MUHAMMAD BASHIR LAKHSER VS GOP ETC

Citation: 2018 LHC 2523, PLD 2019 Lah 1 ,2019 PLC CS 266

Case No: Writ Petition No.14030 /2018

Judgment Date: 12/11/2018

Jurisdiction: Lahore High Court

Judge: Justice Jawad Hassan

Summary: The document outlined the brief facts of the case, including the petitioner's appointment, a period of absence due to health issues, the submission of medical leave applications, and the subsequent termination of services. The petitioner argued that the order is illegal, against the law and facts, and violates principles of natural justice. The submissions of both the petitioner and the respondents are presented, with the petitioner claiming that the order is illegal and without a proper hearing, while the respondents assert that the order was a result of the petitioner's continuous absence and is justified. The doctrine of pleasure is invoked by the respondents, stating that the post of Assistant Advocate-General is a pleasure post and can be terminated at any time without notice. The respondents also argued that the petitioner has no vested right, and the petition lacks merit. The text concluded with an analysis by the court, stating that the petitioner has no locus standi, and the doctrine of pleasure justifies the termination. The court dismissed the petition, stating that the petitioner failed to make a case for interference in constitutional jurisdiction.

Bibi Kalsoom V. The General Public and others,

Citation: 2020 CLC 943

Case No: Civil Revision No.307 of 2018

Judgment Date: 12/11/2018

Jurisdiction: Balochistan High Court

Judge: Justice Nazeer Ahmed Langove

Summary: Succession Act (XXXIX of 1925)-------Ss. 373 & 372---Balochistan Civil Services Pension Rules, 1989, R.4---Government ofBalochistan Notification No. FD(R-II)VII-2/98/1719-1819 dated 25.07.1998----Familypension---Pension dues of deceased public servant---Succession Certificate---Eligibility ofunmarried daughter above the age of twenty-one---Petitioner impugned order of Civil Courtwhereby claim of entitlment of petitioner to her deceased father's pension was denied, onground that she being above the age of twenty-one was not entitled to the same---Validity---In view of Government of Balochistan Notification No.FD(R-II)VII-2/98/1719-1819 dated25.07.1998, irreseptive of age, unmarried female child of deceased was entitled to drawfamily pension of late father till her marriage---High Court observed that no where inBalochistan Civil Services Pension Rules, 1989 it had been mentioned that after havingattained age of twenty-one, unmarried daughter of deceased government servant would bedisentitled from family pension---Impugned order was set aside---Revision was allowed,accordingly.

The Chairman NAB thr. Prosecutor General, Islamabad v. Mian Muhammad Nawaz Sharif

Citation: 2018 SCP 124

Case No: C.P.L.A.3752/2018

Judgment Date: 12/11/2018

Jurisdiction: Supreme Court of Pakistan

Judge: JUSTICE MIAN SAQIB NISAR, HCJ

Summary: Background:The case revolves around three civil petitions (C.P.3752/2018, C.P.3753/2018, and C.P.3754/2018) filed by Chairman NAB against Mian Muhammad Nawaz Sharif, Maryam Nawaz Sharif, and Capt. (Retd.) Muhammad Safdar respectively. These petitions challenged the judgment dated 19.9.2018 of the Islamabad High Court Islamabad in WPs Nos.2839 of 2018, 2841 of 2018, and 2842 of 2018. The central issue pertains to the grant of bail pending appeal, particularly in cases where there is a statutory ouster of court jurisdiction.---Issues:Whether the constitutional jurisdiction to grant bail can be invoked in cases with a statutory ouster of court jurisdiction for bail pending appeal.The interpretation and applicability of previous judgments in similar contexts.The scope and differentiation between bail under constitutional jurisdiction and general law.Parameters for the assessment of evidence in bail matters, particularly in NAB cases.Compliance with guidelines regarding suspension of sentence under Section 426 Cr.P.C. in NAB cases.Application of bail principles under Sections 497 and 498 Cr.P.C. in suspension of sentence cases.The effect of ambiguously worded judgments on suspension of sentence.Applicability of principles governing bail cancellation to withdrawal of suspension of sentence.Correct interpretation of Section 9(b) of the National Accountability Ordinance, 1999.Consideration of hardship grounds in suspension of sentence in NAB cases.The permissibility of discussing case merits and giving conclusive findings in bail suspension matters.Admissibility of Section 561-A, Cr.P.C. in constitutional petitions.Jurisdictional issues concerning the timing of filing constitutional petitions in relation to main appeals.Permissibility of detailed orders in suspension of sentence matters.Adherence to established guidelines from previous judgments.Proper interpretation of relevant provisions regarding burden of proof and presumption.Distinction of previous judgments from the present case facts.---Holding/Reasoning/Outcome:The Supreme Court granted leave to appeal to consider the mentioned points and directed the matter to be placed before a larger bench. It scheduled the re-listing of the matter for 12.12.2018.---Citations/Precedents:Haji Ghulam Ali Vs. The State through A.G., N.W.F.P., Peshawar (2003 SCMR 597)Abdul Aziz Khan Niazi Vs. The State through Chairman, NAB, Islamabad (PLD 2003 SC 668)Olas Khan and others Vs. Chairman NAB through Chairman and others (PLD 2018 SC 40)Peer Mukaram-ul-Haq Vs. National Accountability Bureau (NAB) through Chairman and others (2006 SCMR 1225)---Quote:Leave is granted to examine a number of questions including whether in a case where there is a statutory ouster of jurisdiction of courts to grant bail pending appeal, the constitutional jurisdiction to grant bail can be invoked on the same principles or grounds as are available under the general law.

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