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Latest Judgments (All Jurisdictions within Pakistan)

Noor Ali vs State

Citation: 2013 MLD 557

Case No: Cr.A No.7-B

Judgment Date: 12/12/2012

Jurisdiction: Peshawar High Court

Judge: Justice

Summary: S.324,337F(ii) PPCEffective firing,single accused,injury on non vital part,non repetition of fire shot,missing of intention to kill(Appeal partially allowed)

Abdul Wali vs Abdur Rashid Arif

Citation: 2013 PCrLJ 767

Case No: WP.No.63

Judgment Date: 12/12/2012

Jurisdiction: Peshawar High Court

Judge: Justice

Summary: S.3 Illegal Dispossession ActCriminal court not vested with power to alter, modify, reopen or review the case after final decision(Petition dismissed)

Abdul Wali(WaliKhan) Vs Abdur Rashid Arif

Citation: 2013 PCrLJ 767

Case No: W.P. No. 63

Judgment Date: 12/12/2012

Jurisdiction: Peshawar High Court

Judge: Justice

Summary: Art. 199 Constitution of Pakistan, 1973.Criminal Procedure Code, 1898. Power of review ? No provision exist in the Code for review. .

Landi Renzo Pakistan (Pvt) Ltd (Petitioner) V/S Fed of Pakistan (Respondent)

Citation: 2013 PTD 658, 2013 MLD 601

Case No: 3000/2012 Const. P.

Judgment Date: 12/12/2012

Jurisdiction: Sindh High Court

Judge: Hon'ble Mr. Justice Muhammad Shafi Siddiqui, Mr. Justice Mushir Alam

Summary: Lastly learned counsel for the petitioners relied upon Section 15 of the PakistanEnvironmental Protection Act, 1997 in terms whereof the person who operates ordrive a motor vehicle from which polluted air or noise are being emitted in anamount, concentration or level which is in excess of National Environmental QualityStandards or where applicable the standard established under clause (g) of subsection1 of Section 6 ibid are subjected. Learned Counsel?s assertion that by constant use ofpetrol and diesel such standard could not be achieved, is far from reality. This Section of Environmental Protection Act, 1997 would turn nothing in favour of thepetitioners as the said Section would still be in operation and would continue to causeits effect despite use of petrol driven vehicles. Pakistan is not the only country wherepetrol and diesel vehicles ply. In most of the countries petrol/diesel cars are plyingand those countries are maintaining better environment. We are pained to observethat in Pakistan environmental pollution caused by cars/vehicles, using either petrol,diesel or CNG, is a serious issue, which needs to be addressed by EnvironmentalProtection Authority under the Act 1997. Thus the responsibility of the authorityunder Pakistan Environmental Protection Act, 1997 would not come to an end byvirtue of conversion of petrol cars into CNG as the pollution by way of smoke and byway of noise could still be made by CNG fitted cars.40. In view of the aforesaid findings/discussion we are therefore of the view thatno case for discrimination is made out by the petitioners.

Muhammad Amin v. State,

Citation: 2013 YLR 703

Case No: Criminal Bail Application No.612 of 2012

Judgment Date: 12/12/2012

Jurisdiction: Balochistan High Court

Judge: Justice Ghulam Mustafa Mengal

Summary: Abducted negated the allegations leveled in the FIR ---- Criminal Procedure Code (V of 1898)-------S. 497---Penal Code (XLV of 1860), Ss.365-B/452/ 496-A/ 147/ 148/ 149---Kidnapping, abducting or inducing woman to compel for marriage etc., enticing or taking awayor detaining with criminal intent a woman, rioting, rioting armed with deadly weapons,unlawful assembly---Bail, grant of---No case of abduction was made out---Effect---Allegation against accused persons was that they came to complainant's house while armedwith weapons and forcibly abducted his sister/alleged abductee---Alleged abductee recordedher statement before the Magistrate to the effect that she left her house with her own consentand free-will and contracted marriage with one of the accused---Trial Court rejected bailapplication of accused persons on the grounds that alleged abductee was still in their custody;that her Nikah was disputed and she had not been recovered, and that offence alleged fellwithin the prohibitory clause of S. 497, Cr.P.C.---Validity---Alleged abductee recorded herstatement on oath before the Magistrate, wherein she stated that she had voluntarily gonewith one of the accused and contracted valid marriage with him of her own choice---Allegedabductee negated the allegations levelled in the F.I.R.---Magistrate allowed alleged abducteeto go with her husband after recording her statement---No case of abduction was made outagainst accused persons and they were admitted to bail accordingly. Ayaz Ali v. State 2005 PCr.LJ 31 and Muhammad Mateen v. State 2005 PCr.LJ 240ref.

RAJA MUHAMMAD NASIR KHAN VS ACTING V.C UNIVERSITY OF WAH ETC

Citation: 2012 LHC 3245, 2013 PLC CS 353,PLJ 2013 Lahore 211

Case No: Writ Petition No.2431 of 2012

Judgment Date: 12/12/2012

Jurisdiction: Lahore High Court

Judge: Justice Ali Baqar Najafi

Summary: The main issue revolved around the appointment of an Acting Vice Chancellor and the legality of his actions. The court noted that the post of Acting Vice Chancellor is a temporary arrangement during the absence or vacancy of the Vice Chancellor's position, and its powers should be defined clearly for a specific period by the university's Board. The court found that the appointment of the Acting Vice Chancellor was not made following the prescribed procedure and rules provided under the University of Wah Act, 2009. As a result, the court allowed one of the writ petitions, declaring the appointment of the Acting Vice Chancellor as unlawful. The court directed the concerned authority to follow the prescribed procedure and appoint a Vice Chancellor for the University without further delay.

Professor Kazim Hussain and another VS Government of Pakistan thr. Secretary

Citation: PLD 2013 FSC 18

Case No: Shariat Petition No. 8/I 2004

Judgment Date: 12/12/2012

Jurisdiction: Federal Shariat Court

Judge: Justice Dr. Fida Muhammad Khan

Summary: Judgement on allowance of house rent for civil servants --- the case discusses the issue of house rent allowance for married civil servants in Pakistan and its alignment with Islamic principles and the Constitution. It emphasizes that both spouses, when working as civil servants, should be entitled to their individual house rent allowances, just as they are entitled to other benefits independently. The text argues that the current policy of deducting house rent allowance for one of the spouses when both are civil servants is in violation of Islamic principles and constitutional rights.The court ruling, as presented in the text, declares the existing policy void and orders the federal and provincial governments, as well as autonomous bodies and institutions, to amend their rules to align with Islamic principles by ensuring that both spouses receive their individual house rent allowances. The court, however, clarifies that it cannot grant relief in personam, and those seeking individual remedies must approach the appropriate forum.

ANWAR MEHMOOD VS MESSRS ASKARI BANK LIMITED

Citation: 2013 CLD 912

Case No: 1ST APPEAL No. 92/2011

Judgment Date: 11-12-2012

Jurisdiction: Sindh High Court

Judge: Justice Mushir Alam

Summary: Summary pending.

WASEEM QAZI VS PROVINCE OF SINDH THROUGH EXECUTIVE DISTRICT OFFICER REVENUE MATIARI

Citation: 2013 CLC 1641

Case No: REVISION APPLICATION No. 97/2010

Judgment Date: 11-12-2012

Jurisdiction: Sindh High Court

Judge: Justice Syed Muhammad Farooq Shah

Summary: Summary pending.

MST ISHRAT BIBI VS MST HASHMAT BIBI

Citation: 2013 CLC 499

Case No: CR No. 456-D/2012/BWP

Judgment Date: 11-12-2012

Jurisdiction: Lahore High Court

Judge: Justice Sh. Ahmad Farooqujaat Ali Khan

Summary: Summary pending.

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