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Latest Judgments (All Jurisdictions within Pakistan)

REHMAN SHER vs The STATE

Citation: 2018 MLD 1971

Case No: Criminal Appeal No.1/2015

Judgment Date: 13/04/2016

Jurisdiction: Sindh High Court

Judge: Aftab Ahmed Gorar and Khadim Hussain Tunio, JJ

Summary: Summary pending

SAUDI PAK INDUSTRIAL AGRICULTURAL INVESTMENT COMPANY LIMITED VS FEDERATION OF PAKISTAN THROUGH SECRETARY CABINET DIVISION

Citation: 2016 CLC 1392

Case No: WP No. 97/2016

Judgment Date: 13-04-2016

Jurisdiction: Islamabad High Court

Judge: Justice Aamer Farooq

Summary: (a) Constitution of Pakistan: ---Art. 170(2)--- Audit of entities involving public funds---Scope and mandate of Auditor General under the Constitution---Petitioner, a joint venture company established by the Kingdom of Saudi Arabia and the Government of Pakistan, contended that it did not fall under the purview of entities controlled by the Federal Government and challenged the conduct of an audit by the Auditor General of Pakistan. The company argued that it was not controlled by the Federal Government as it held only 50% shares, with equal representation on the Board of Directors, and a casting vote held by the Chairman nominated by the Kingdom of Saudi Arabia. ---Held, the Constitution, under Art. 170(2), provides that the Auditor General may conduct audits of any authority or body established by or under the control of the Federal or Provincial Governments. Even where the Federal Government does not hold a majority share, public funds utilized or invested by the Government render such entities susceptible to audit. The very purpose of Art. 170(2) is to ensure transparency and proper utilization of public funds---Investment profits from the petitioner's operations were deposited into the Federal Consolidated Fund, further affirming the applicability of Art. 170(2). ---Held further, the Federal Government's involvement in the company's establishment and its 50% shareholding make it subject to audit by the Auditor General, who may determine the extent and nature of the audit to be conducted---Petition was dismissed as devoid of merit. ----Cited Cases: Supreme Court's order dated 07.05.2013 in CMAs Nos. 3330, 3470, and 3594/2013. Supreme Court judgment in Constitutional Petition No. 105/2012. ----Disposition: Petition dismissed.

MIAN MUHAMMAD TANVIR IBRAHIM VS PARKS HORTICULTURE AUTHORITY

Citation: 2016 CLC 1508

Case No: WP No. 4828/2016

Judgment Date: 13-04-2016

Jurisdiction: Lahore High Court

Judge: Justice Shahid Karim

Summary: Summary pending.

SHAKEEL AHMAD VS THE STATE

Citation: 2016 PCrLJ 1495

Case No: CR. MISC. 146/2015

Judgment Date: 13-04-2016

Jurisdiction: Chief Court Gilgit-Baltistan

Judge: Justice Muhammad A Lam

Summary: Summary pending.

AMIR KHAN VS THE STATE

Citation: 2016 PCrLJ 1481

Case No: CRIMINAL MISC. 26/2016

Judgment Date: 13-04-2016

Jurisdiction: Chief Court Gilgit-Baltistan

Judge: Justice Malik Haq Nawaz

Summary: Summary pending.

Saudi Pak Industrial & Agricultural VS FOP etc

Citation: 2016 CLD 1419 Islamabad

Case No: Writ Petition-97-2016

Judgment Date: 13/04/2016

Jurisdiction: Islamabad High Court

Judge: Justice Aamer Farooq

Summary: Summary Pending

Jan Sher etc vs Mst: Zarmina etc

Citation: PLJ 2017 Peshawar 157, 2017 CLC Note 91

Case No: RFA No.59-P

Judgment Date: 13/04/2016

Jurisdiction: Peshawar High Court

Judge: Justice

Summary: Regular First appeal U/Ss.96, 105, 151, C.P.C read with Order 41 rule 3, C.P.C. Appeal filed before wrong forum. Delay condoned in view of Lahore High Court Rules, However R.F.A is dismissed as pre-emption suit was filed on 25.09.2007 and pre-emptor was directed by the trial Court vide order dated 26.09.2007 to deposit 1/3rd of sale consideration upto 24.11.2007 but he failed. So, in view of Section 24 of Khyber Pakhtunkhwa Pre-emption Act, 1987, soon failure to deposit pre-emption money before or on the date fixed. The same suit was correctly dismissed on 27.01.2009 in accordance with law.

The Federation of Pakistan through Collector of Customs, Model Custom Collectorate, Islamabad v. Ayyan Ali & Others

Citation: 2016 P.S.C. 938, 2016 SCP 59

Case No: C.P.L.A.781/2016

Judgment Date: 13/04/2016

Jurisdiction: Supreme Court of Pakistan

Judge: MR. JUSTICE EJAZ AFZAL KHAN

Summary: The case involves petitions for leave to appeal against a judgment of the Sindh High Court. The High Court had allowed a Writ Petition filed by respondent No. 1, directing the Ministry of Interior to remove her name from the Exit Control List (ECL) to allow her to travel abroad. The petitioners argued that removing the respondent's name from the ECL would absolve her of charges under Acts related to customs, foreign exchange, and import-export control, even though the case was pending in the Customs Court. They also contended that the High Court shouldn't have intervened as there were alternate remedies available under the Exit from Pakistan (Control) Ordinance, 1981. The respondent's counsel argued that the respondent hadn't committed crimes listed in the Exit from Pakistan (Control) Rules, 2010, and thus her movement should not be restricted. The legal precedent referenced in the case is the judgment of Muhammad Aslam vs. Senior Member (Colonies), Board of Revenue, Punjab and others (2004 SCMR 1587). The Court observed that mere pendency of a criminal case wasn't sufficient to restrict the respondent's movement unless she was charged with specific crimes listed in the relevant rules. While the Court acknowledged the importance of legal forums and remedies, it found no grounds to prohibit the respondent's movement. The Court also clarified that removal from the ECL wouldn't affect the trial court's ability to enforce attendance. In summary, the Court dismissed the petitions, refusing the requested leave to appeal.

ZULFIQAR ALI vs MUHAMMAD IQBAL

Citation: 2018 MLD 1547

Case No: R.F.A. No. 30/2015

Judgment Date: 12/04/2016

Jurisdiction: Lahore High Court

Judge: Muhammad Ali, J

Summary: Summary pending

MUHAMMAD BUX vs PROVINCE OF SINDH through Secretary Home Department and 6 others

Citation: 2017 MLD 1428

Case No: C.P. No.S-4531/2015

Judgment Date: 12/04/2016

Jurisdiction: Sindh High Court

Judge: Shahnawaz Tariq, J

Summary: Summary pending

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