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Latest Judgments (All Jurisdictions within Pakistan)
CIVIL AVIATION AUTHORITY OFFICERS ASSOC. & ANOTHER (Plaintiff) V/S FEDERATION OF PAKISTAN & OTHERS (Defendant)
Summary: it is inconceivable that under the ibid repealedOrdinances, which were never in fact acted upon, plaintiffs could exertfor the transfer of the employees/officers of the two divisions to theirrespective authorities. The law that stood prior to the repeal of theordinances under consideration revived and the two authorities are nowdeemed to be working under the common umbrella of Ordinance 1982 aswere earlier.
MUHAMMAD KASHIF S/O SHER MUHAMMAD & ANOTHER (Appellant) V/S THE STATE (Respondent)
Summary: The test for weighing the evidence of identification proceedings is to first assess the system variables, i.e. the precautions taken at the test identification parade, and then to assess the estimator variables i.e. the capacity and ability of the eye-witness to identify the accused in the circumstance of the case. Rel. Mian Sohail Ahmed v. The State (2019 SCMR 956) and The matter of Kanwar Anwaar Ali (PLD 2019 SC 488).
Ansar Ahmed Gorar (Petitioner) V/S Province of Sindh & Others (Respondent)
Summary: [Service matters (Contempt ), Service matters (Employees' Old-Age Benefits Act, 1976)] whether the impugned notification is, in conformity with the judgments passed by the Honble Supreme Court of Pakistan in the cases of Crl. Org. Petition No.89/2011, Ali Azhar Khan Baloch and Gul Hassan Jatoi; and, whether IGP Sindh is competent to issue the impugned notification under Section 12 of the Police Act, 1861, or it is for the Government of Sindh to order the repatriation of the petitioners to the ICT Police, Baluchistan Police and Pakistan Railways Police; and, whether police establishment is indivisible one force; and inter se transfer and subsequent absorption from the Federal Capital Police, Railways Police or Baluchistan Police to Sindh Police is permissible under Rule 1.5 of Police Rules, 1934; and, whether the repatriation of the petitioners to ICT Police, Baluchistan Police, and Pakistan Railways after rendering service for a considerable period in Sindh Police, attracts the principle of locus poenitentia and the same are within the principles laid down by the Honble Supreme Court of Pakistan in the aforesaid cases
Niaz Hussain & Ors (Petitioner) V/S P.O Sindh and others (Respondent)
Summary: Service matters (Quo warranto )
Riasat Ali and Ors (Petitioner) V/S Govt. of Sindh & Others (Respondent)
Summary: 1. Pursuant to Article 129 of the Constitution, the executive authority of the Provincial Government is to be exercised by the Provincial Cabinet as a collective entity albeit in the name of the Governor. When a Provincial statute, such as the Sindh Agriculture University Act, 1977, provides for the exercise of executive authority by the Provincial Government, that is to be done and the decision for that has to be taken by the Provincial Cabinet and not by the Chief Minister alone. Rel: Mustafa Impex v. Government of Pakistan (PLD 2016 SC 808); Karamat Ali v. Federation of Pakistan (PLD 2018 Sindh 8); Mirpurkhas Sugar Mills Ltd. v. Province of Sindh, C.P. No.D-8591/2018.2. Having seen that the word Government in section 27(1) of the Sindh Agriculture University Act, 1977, as it stood amended at the relevant time by the Sindh Universities and Institutes Laws (Amendment) Act, 2014, could only mean the Provincial Cabinet, the decision to extend the tenure of the Respondent No.5 as Vice Chancellor for another term, and the terms and conditions of such extension, had to be taken by the Provincial Cabinet and not by the Chief Minister in isolation of the Provincial Cabinet.
KARAM CERAMICS LTD & OTHERS (Plaintiff) V/S FEDERATION OF PAKISTAN & OTHERS (Defendant)
Summary: Challenge to the gas tariff issued under the OGRA Ordinance, the definition of Captive Power Plants and the Moratorium on the supply of gas to Captive Power Plants.
Rawal Khan and Ors (Petitioner) V/S Province of Sindh & Others (Respondent)
Summary: 7. To elaborate further on the subject point of law, Article 25 of the Constitution of the Islamic Republic of Pakistan, 1973, guarantees equal treatment to all persons similarly placed. In terms of Article 27 of the Constitution, no citizen in the service of Pakistan or other persons shall be discriminated against in any manner. Article 27 of the Constitution does not only safeguard against discrimination at the time of appointment of service but after the appointment as well. The disparity in the pay scale allowances of Stenographers in the District Judiciary is in the clear negation of law laid down by the Honourable Supreme Court in its various pronouncements.
FAHEEMUDDIN S/O ALEEMUDDIN (Applicant) V/S THE STATE (Respondent)
Summary: In section 395 PPC, while the alternative to life imprisonment is rigorous punishment which shall not be less than four years nor more than ten years, that alternative punishment still provides for a maximum of 10 years, keeping the offence within the prohibitory clause of section 497 Cr.P.C. Thus, at the stage of bail when the Court looks at the alternate punishment provided under section 395 PPC, that is for the purposes of considering whether the case is one of further inquiry within the ambit of sub-section (2) of section 497 Cr.P.C., and it is not to say that the case does not fall within the prohibitory clause of section 497 Cr.P.C.
Zeba Hassan and Ors (Petitioner) V/S Fed. of Pakistan and Others (Respondent)
Summary: Regularization of Appointment against deceased quota under Prime Minister's Assistance Package
Muhammad Dawood Wagan (Petitioner) V/S The province of Sindh (Respondent)
Summary: [Amenity Plot (Allowed), Amenity Plot (Conversion of amenity plot into Residential / commercial)] In the light of foregoing, we have reached the conclusion that the amenity plots cannot be converted into either commercial or residential purposes and no encroachment can be allowed on the amenity plot as discussed supra. The report of learned Commissioner is very clear in its terms that no any amenity plot was found in existence in the housing scheme during the inspection, except one open plot of about 1200 sq.ft and a mosque about 2400 sq. ft. in Kehkashan Housing Scheme and Midland Bungalow adjacent with plot No.38 and 39, therefore, the objections raised by the learned counsel for the Respondents 8 & 9 on the site inspection report are of no consequence in view of the orders passed by this Court and Honble Supreme Court