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Latest Judgments (All Jurisdictions within Pakistan)
MUJAHID KHAN S/O AMEER KHAN (Applicant) V/S THE STATE (Respondent)
Summary: The applicant, was seeking bail in response to allegations of the rape of a fourteen-year-old girl. The judge, referred to as Agha Faisal, J., provides an analysis of the case based on the evidence and arguments presented. The judge discussed various factors, including the age of the victim, the alleged occurrence of sexual intercourse, the legal definition of statutory rape, the issue of consent, and the timing of the registration of the First Information Report (F.I.R.). The judge concluded that the applicant has not demonstrated sufficient grounds for the grant of post-arrest bail. The judge cited the existence of tangible evidence that, if unrebutted, could lead to the inference of guilt, and points out that reasonable grounds exist linking the applicant to the alleged offense, which carries a punishment of ten years or more. As a result, the judge dismisses the current bail application. The judge emphasized that the observations made in the document are of a tentative nature and will not influence or prejudice the case of either party during the trial.
Pakistan Medical Association (Centre) (Petitioner) V/S Chancellor Dow University of Health Sciences & others (Respondent)
Summary: [Service matters (Additional Charge), Contempt Proceeding] Professor Dr. Masood Hameed Khan/Respondent No.3 filed listed application for initiation ofcontempt proceedings against the alleged contemnors on account of their willful, and deliberate act of disobeying order passed by this Court. The learned law officer after consultation with the official present in Court, Additional Secretary (HE),Governor House informed that the Summary on the issue of 8appointment of Vice Chancellor is in process before the Governor Sindh/Chancellor and an order will be passed on the said summary within a week. This undertaking has also been given by the above named official . we are of the view that the same is pending in Suit No.893/2017, as such we would refrain to pass any order in this regard, because the same may prejudice the case of either party in the said Suit. assignment of the Additional Charge of Vice Chancellor of DUHS to Professor Dr. Khawar Saeed Jamali is concerned the same has already been taken care of in order dated19.04.2017 passed in Suit No.893/2017 .In view of the above discussion, at this juncture, we are of the view that no contempt of this Court's order dated 26.04.2016 is made out. Therefore, the listed applications accordingly dismissed in the above terms.
Amanullah and Ors (Petitioner) V/S Province of Sindh and Ors (Respondent)
Summary: Promotion (Constitution of Committee)---The petitions involved government employees seeking upgradation of their posts from BPS-11 to BPS-15 based on recruitment rules. The controversy arose from an administrative anomaly where Senior Clerks and Sub-Registrars were serving in different pay scales despite being under the administrative control of the same Sub-Registrar. The summary outlined the need for a complete restructuring of the registration hierarchy, considering the upgradation of some posts and the difficulties created by the existing hierarchy. The approved summary emphasized the need to create a service-oriented registration entity and proposed the formation of a committee to provide recommendations for revamping the registration hierarchy and tax collection mechanism. The court observed that the proposed restructuring was viable and beneficial. It outlined general principles for upgradation based on previous judgments by the Supreme Court of Pakistan. The court then disposed of the petitions in line with the approved summary, directing the inclusion of the Advocate General Sindh in the proposed committee and instructing the committee to complete the exercise within six months. The court's order concluded the proceedings, and both petitions along with pending applications were disposed of according to the outlined terms.
Mst. Nusrat Fareed (Appellant) V/S Haji Ahmed Mujahid (Respondent)
Summary: [Succession Act, 1925 (Tarka and Estate of Deceased)] Estate of a deceased and requirement of Succession Certificate.
KARMAT HUSSAIN S/O MUBARAK HUSSAIN (Appellant) V/S THE STATE (Respondent)
Summary: 1.Even in a case involving capital punishment, conviction can follow on circumstantial evidence, but that such circumstantial evidence should provide all links in an unbroken chain where one end of the chain touches the dead body and the other the neck of the accused. 2.Though evidence implicating an accused cannot be used to convict him if he was not confronted with it under section 342 Cr.P.C., but that does not mean to say that every inadequate examination under section 342 Cr.P.C. results in vitiating the trial, nor does it mean to say that the other independent evidence standing against the accused stands diminished. Rel. S.A.K. Rehmani v. The State (2005 SCMR 364). Even discarding the evidence not confronted to the accused under section 342 Cr.P.C., the chain of circumstantial evidence against him is complete and uninterrupted.
Dr. Imran Ali Hashmi (Petitioner) V/S The University of Karachi & Ors (Respondent)
Summary: University of Karachi--we deem it appropriate to set aside the findings of the Selection Board dated 28.06.2018 to the extent of petitioners and private respondents. Consequently, the matter is remanded to the competent authority of respondent-University to determine afresh as to whether the candidates i.e. petitioners and private respondents were having requisite academic qualifications duly recognized under the law for the subject posts in respondent-University, at the time of the cutoff date provided in the public notice dated 26.12.2014.
Messrs Pakistan Petroleum Limited (Petitioner) V/S Arif Aziz & others (Respondent)
Summary: Service matters (Back benefits)
ISMAIL MEMORIAL TRUST (Plaintiff) V/S KARACH COOP H.S. UNION LTD. & ORS. (Defendant)
Summary: [Amenity Plot (The Karachi Building and Town Planning Regulations, 2002.), Amenity Plot] Hospitals fall within the category of amenity plots, as envisaged in Article 52-A of the Karachi Development Authority (KDA) Order, 1957. Suit decreed.
Nazir Ahmed Palijo (Petitioner) V/S Chief Minister Sindh & Ors (Respondent)
Summary: In the light of the above discussion, it is demonstrably clear that the petitioner has not been denied or deprived of a legal right. He has not sustained an injury to any legally protected interest. The impugned working paper does not operate as a decision against him, much less does it wrongfully affect his title to something. He has not been subjected to a legal wrong. He has suffered no legal grievance. He has no legal peg for a justifiable claim to hang on. However the petitioner has only sustainable cause to be considered for promotion in BS-20 subject to qualification, experience, and availably of the post, however, the petitioner is not precluded to ask for consideration of his case for promotion as per Rule 13 of Sindh Civil Servants (Probation, Confirmation, and Seniority) Rules, 1975 by PSB-I which is going to take place in the ensuing month.
Muhammad Saqib (Petitioner) V/S Province of Sindh and Others (Respondent)
Summary: Departmental proceedings initiated against him as contemplated under Section 3(b)(c) of the Efficiency and Discipline Rules, 1988--as to how this petition is maintainable against departmental proceedings initiated against him and the final order for dismissal from service served upon him, which action of the respondent-department ought to have been assailed before the learned Sindh Service Tribunal (SST) at Karachi.