Summary: [Scope of Sections 24(a) and 18(g) of the NAB Ordinance. Permission of the Chairman NAB etc is required before the accused is arrested under the Ordinance] The case involves Pak Punjab Cooperative Housing Society and allegations of fraudulent activities by the Management Committee. Complaints were filed against the committee, claiming that they fraudulently transferred plots from the original allottees to fake individuals and sold plots illegally to certain builders. The investigation revealed that the Society had 358 plots, initially allotted to genuine members. However, with the involvement of co-accused individuals, fake share certificates were issued to enrol employees of the Sindh Workers Welfare Board (SWWB) as fake members. A fraudulent Managing Committee was elected, and plots were illegally transferred and sold for personal gain. Muhammad Ibrahim, the petitioner in this case, was accused of acting as a nominee for one of the co-accused individuals, Muhammad Iqbal. He held 25 plots as a sub-lessee, which were subsequently surrendered to the Society upon discovering the illegalities. The allegation against Ibrahim was that he illegally procured these plots and sold them to a building project called Premier Regency Villas. However, the court's examination of the record revealed that Ibrahim had no active role in the Society's Managing Committee, nor was he an original or fake member. He held the plots as a sub-lessee and surrendered them to the Society through a registered deed. The court analysed the provisions of the National Accountability Ordinance, 1999 (Ordinance), which governs the powers and procedures of the NAB. Section 24(a) of the Ordinance empowers the Chairman of NAB to direct the arrest of an accused during the inquiry or investigation. However, the permission to arrest must be based on reasonable grounds and substance, and the accused must be informed of the grounds for their arrest. In this case, the NAB prosecutor failed to provide any permission to arrest Ibrahim given by the Chairman of NAB or an authorised officer. Based on the examination of the record and the lack of incriminating material against Ibrahim, the court concluded that there were no reasonable grounds to believe that he was involved in the alleged offences. The court converted Ibrahim's petition into an appeal and allowed it. The ad-interim bail granted to Ibrahim was confirmed, subject to his furnishing a bail bond of one million rupees with one surety to the satisfaction of the trial court.

Summary: [In educational matters it is best to leave the disciplinary, administrative and policy matters of educational institutions to the professional expertise of the people running them, unless ofcourse there is a blatant violation of any of the fundamental rights or the law] The petitioner, a student of the mentioned school, was expelled for non-payment of fees and continuous absence from school. She challenged the refusal to allow her to sit for the final examination of the 10th class in the Peshawar High Court. Initially, she obtained interim relief and sat for the examination, which she passed. However, the constitutional petition was ultimately dismissed by the High Court, stating that she did not meet the requirement of 66% attendance for female students. The Supreme Court heard arguments from the counsels representing the petitioner, the school, and the Board of Intermediate and Secondary Education, Peshawar. The petitioner's counsel contended that the petitioner got married during the academic year, leading to some missed classes, and claimed her attendance was 67.46%. However, the school's counsel disputed the veracity of the documents presented and emphasized the requirement of 66% attendance under the relevant regulations. The court reviewed the attendance sheets provided by the petitioner and found no evidence that she intended to resume her classes after her expulsion. Considering the clear requirement of 66% attendance under the regulations, the court stated that interference in academic institutions should be sparing and highlighted the need to maintain discipline and respect the authority of those in charge. The petitioner's counsel requested humanitarian consideration, but the court emphasized that decisions should be based on the Constitution and the law, rather than personal feelings or humanitarian grounds that go against the clear letter of the law. The court concluded that there was no basis for interfering with the High Court's decision and dismissed the petition.

Summary: Labour Cases---Summary Pending

Summary: [(1) Application of the law of limitation to inheritance cases. (2) Three different evidential standards of proof applicable in civil, criminal, and quasi-criminal cases, (3) Scope of jurisdiction of the revisional court in interfering with findings of fact]---the issue involved an estate left behind by an individual who passed away in 1959. The estate comprised land in a village called Jalalpur Sharif. The estate was inherited by a nephew. This nephew subsequently sold parts of the land to various individuals, who further sold or exchanged it.A group of individuals challenged the inheritance and subsequent transactions through a civil suit filed in 1982. They claimed to be rightful heirs and argued that they were deprived of their share due to fraudulent transactions. The case proceeded through trial and appellate courts, resulting in differing judgments. The final judgment by the Lahore High Court's revisional jurisdiction dismissed the suit on the grounds that the claimants failed to prove their relationship with the deceased and that the case was time-barred.The claimants contended that the evidence provided by witnesses with "special knowledge" supported their claim and that the preponderance of probability favored their stance. The opposing side argued that the claimants lacked sufficient evidence and that the revisional court's intervention was legally valid.The Supreme Court discussed the evidential standards of proof applicable in civil cases, emphasizing the "preponderance of probability." It discussed the concept of "fraud" as defined in the law and its relevance to the case. The Court found that the claimants had demonstrated their relationship with the deceased through a high degree of probability, shifting the burden to the opposing side to counter this evidence, which they failed to do.The Court also addressed the issue of limitation in inheritance cases and discussed the relevant provisions of the Limitation Act. It clarified that the benefit of postponing the limitation period is not applicable against bona fide purchasers. In this case, since the opposing side had purchased the land in good faith and for valuable consideration, the benefit of extending the limitation period was not available to the claimants.Ultimately, the Supreme Court upheld the revisional court's decision to dismiss the suit based on the grounds of limitation and failure to prove the asserted relationship. The Court determined that the revisional court's intervention was within its jurisdiction, and the appeal was dismissed.

Summary: (a) Land Acquisition Act (I of 1894)- -S. 18-Reference to Court-Scope-Land of the appellants was acquired through acquisition proceedings-Rate of the acquired land was fixed at Rs.4,00,000/- per acre-Appellants claimed rate of the acquired land at the rate of Rs.35,00,000/- per acre-Referee Court dismissed the reference-Validity-Document prepared by Patwari revealed that average sale price was Rs.35,00,000/- per acre-Several earlier sale mutations, produced by appellants, had substantiated the version of appellants-Report of local commission revealed that the acquired land was situated at the main road; that the acquired land was situated near populated area as well as commercial area; that due to acquisition, the land of appellants was bifurcated into different parts and was no longer cultivable and that the rent of land was Rs. 50,000/- per acre-Girdwar of the procuring agency during cross-examination had admitted that the land of the appellants was situated at the main road-Land Acquisition Collector and Land Acquisition Officer had also admitted that the acquired land was one kilometer away from Abadi Deh-Evidence produced by appellants was enough to shift the onus on the procuring agency-Procuring agency had failed to justify their stance by necessary proof-Referee Court had failed to discharge its function in accordance with law-Appellants were declared entitled to get compensation at the rate of Rs.35,00,000/- per acre along with 15% compulsory charges and simple interest @ 8% from the date of possession till payment of compensation-Appeal was allowed. Abdur Rauf Khan v. Land Acquisition Collector/DC 1991 SCMR 2164 rel. (b) Land Acquisition Act (I of 1894)- -Preamble-Scope-Land Acquisition Act, 1894, is founded upon the doctrine that the interest of the public is supreme and that the private interests are subordinate to the interest of the State-Land Acquisition Act, 1894, is promulgated for the purpose of compulsory acquisition of land needed for the public purpose and for determination of amount of compensation to be made on account of such acquisition- -Although the Land Acquisition Act, 1894, is devised to deprive citizens of their valuable rights in property through somewhat coercive measures by State exercising authority under a Statute but such exercise can only be for public purpose-However, bare reading of the Land Acquisition Act, 1894 leaves one with the strong impression that prime intent of the legislature is to ensure the protection of the rights of the citizens whose property is being acquired-Land owner are to be given gold for gold and not copper for gold-Scheme of law under the Land Acquisition Act, 1894 is complete and exhaustive, which apart from mode of acquisition of land, provides a scheme containing mechanism for measurement of land, assessment of its value, payment of compensation to the affected persons and remedy in case of any dispute. (c) Land Acquisition Act (I of 1894)- -Ss. 4, 5-A, 6, 11, 12, 18 & 23-Publication of preliminary notification and powers of officers thereupon-Hearing of objections-Declaration that land is required for a public purpose-Enquiry and award by Collector-Award of Collector when to be final-Reference to Court-Matters to be considered in determining compensation-Scope- -Scheme of the Act is very simple as it consists of fifty five sections divided into eight parts-Procedure of acquisition starts when a notification under S. 4 is issued notifying the land required for a public purpose and inviting objections-Objection to such acquisition may be made by any person having interest in the property and the hearing is granted on the objections, if any, raised under S. 5-A whereas the determination that the land is required for public purpose is done by issuing declaration in the notification in terms of S. 6-Section 11 postulates the enquiry and passing of the award by the Collector and while doing so, it requires the Collector to determine (i) the true area of the land (ii) the compensation which in his opinion should be allowed for the land and (iii) the apportionment of the said compensation amongst all the persons known or believed having interest in the land, of whom or of whose claim, he has information, whether or not they have respectively appeared before him-Section 12 states that the award of the Collector shall be final and conclusive evidence as between the Collector and the person interested, in respect of the amount of compensation-Award is merely an offer to tender the compensation to the owner of the property and if the offer is not acceptable, S. 18 of the Act grants the owner of the land a statutory remedy for seeking determination of the amount of compensation from the Court by filing reference before the Collector-Assessment of compensation is made in the light of S. 23 which stipulates guiding principles for the Courts to consider the compensation on the move of a person who has an interest in the acquired land and is aggrieved of the compensation determined and settled through award. (d) Land Acquisition Act (I of 1894)- -S. 23-Matters to be considered in determining compensation-Scope-Land owner is entitled for compensation at the market value of the land so acquired coupled with the amount of damages sustained due to acquisition proceedings-Land owner is entitled to compensation in view of its future potential value and additional compensation for reverence, injurious affection and disturbance-Landowner is entitled to compensation and not just market-value, hence, loss or injury occasioned by its severing from his property by change of residence or place of business and loss of profits are also relevant-Delay in the conclusion of the acquisition proceedings cannot be lost sight of-While conducting the aforesaid exercise, oral evidence, if found, credible and reliable can also be taken into account. (e) Land Acquisition Act (I of 1894)- -S. 23-Matters to be considered in determining compensation-Expression "Market-value"-Defined. Murad Khan v. Land Acquisition Collector 1999 SCMR 1647; Land Acquisition Collector v. Mst. Surraya Mahmood Jan 2015 SCMR 28; Government of Pakistan through Military Estate Officer, Abbottabad and another v. Ghulam Mustaza and others 2016 SCMR 1141 and Air Weapon Complex through D.G. v. Muhammad Aslam and others 2018 SCMR 779 rel. (f) Land Acquisition Act (I of 1894)- -S. 23-Matters to be considered in determining compensation-Scope-Land owner is entitled for compensation and not the market value. Province of Sindh through Collector of District Dadu and others v. Ramzan and others PLD 2004 SC 512 rel. (g) Land Acquisition Act (I of 1894)- -S. 23-Matters to be considered in determining compensation-Future value-Scope-Court while determining the compensation was to consider the potential and future prospective of land in addition to one year average. Malik Hadi Husain and others v. Land Acquisition Collector and another PLD 2008 SC 386 and Land Acquisition Collector and others v. Mst. Iqbal Begum and others PLD 2010 SC 719 rel. (h) Land Acquisition Act (I of 1894)- -S. 23-Matters to be considered in determining compensation-Future value-Scope-While determining the quantum of compensation the exercise may also not be restricted to the time of notification but its future value may be taken into account. Province of Punjab through Land Acquisition Collector and another v. Begum Aziza 2014 SCMR 75 rel. (i) Land Acquisition Act (I of 1894)- -S. 23-Matters to be considered in determining compensation, detailed. Following principles were to be followed while determining the compensation of the acquired land:- a) The best method to work out the market value is the practical method of a prudent man as laid down in Qanun-e-Shahadat, 1984, to examine and analyze all the material and evidence available on the point and to determine the price which a willing purchaser would pay to willing seller of the acquired land. b) The Court shall take into consideration the market value, loss by reason of severing such land from his other land, acquisition injuriously affecting his other property or his earning in consequence of change of residence or place of business and damage, if any, resulting from diminution of the profits of the land between the time of the publication of the declaration under S. 6 of the Act and the time of the Collector's taking possession of the land. This, however, is not exhaustive of other injuries or loss which may be suffered by an owner on account of compulsory acquisition. c) The phrase"market value of the land"as used in S. 23(1) of the Act means"value to the owner" and, therefore, such value must be the basis for determination of compensation. The standard must be no subjective standard but an objective one. Ordinarily, the objective standard would be the price that owner willing and not obliged to sell might reasonably expect to obtain from a willing purchaser. The property must be valued not only with reference to its condition at the time of the determination but its future potential value must be taken into consideration. d) While determining the potentials of the land, the use of which the land is capable of being put, ought to be considered; e) Consideration was to be taken in view all the potential uses to which the land can be put, as well as all the advantages, present or future, which the land possesses in the hands of the owners. f) While determining the value of the land acquired by the Government and the price which a willing purchaser would give to the willing seller, only the past sales' should not be taken into account but the value of the land with all its potentialities may also be determined by examining local property dealers or other persons who are likely to know the price that the property in question is likely to fetch in the open market. In appropriate cases there should be no compunction even relying upon the oral testimony with respect to market value of the property intended to be acquired, because even while deciding cases involving question of life and death, the Courts rely on oral testimony alone and do not insist on the production of documentary evidence. The credibility of such witnesses would, however, have to be kept in mind and it would be for the Court in each case to determine the weight to be attached to their testimony. It would be useful and even necessary, to examine such witnesses while determining the market prices of the land in question because of the prevalent tendency that in order to save money on the purchases of stamp papers and to avoid the imposition of heavy gain tax levied on sale of property, people declare or show a much smaller amount as the price of the land purchased by them than the price actually paid. The previous sales of the land, cannot, therefore, be always taken to be an accurate measure for the determining the price of land intended to be acquired. g) In determining the quantum of fair compensation the main criterion is the price which a buyer would pay to a seller for the property if they had voluntarily entered into the transaction. The assumption being that sale is being taken place in open market as if notification of acquisition did not exist. h) In cases of compulsory acquisition effort has to be made to find out what the market value of the acquired land was or could be on the material date. While so venturing the most important factor to be kept in mind would be the complexion and character of the acquired land on the material date. The potentialities it possessed on that date are also to be kept in view in determining a fair compensation to be awarded to the owner who is deprived of his land as a result of compulsory acquisition under the Act. i) When the market value is to be determined on the basis of the instances of sale of land in the neighboring locality, the potential value of the land need not be separately awarded because such sales cover the potential value. j) An entry in the Revenue Record as to the nature of the land should not be considered conclusive, for example, land may be shown in Girdawari as Maira, but because of the existence of a well near the land, makes it capable of becoming Chahi land; k) It is obvious that the law provides determination of compensation not with reference to classification or nature of land but its market value at the relevant time. No doubt, for determining the market value, classification or the nature of land may be taken as relevant consideration but that is not the whole truth. An area may be Banjar Qadeem or Barani but its market value may be tremendously high because of its location, neighborhood, potentiality or other benefits. l) The value of the land of the adjoining area which was simultaneously acquired and for which different formula of compensation has been adopted, should be taken into consideration. m) In determining the quantum of compensation, the exercise may not be restricted to the time of the aforesaid notification but its future value may be taken into account and n) The sale-deed and mutation entries do serve as an aid to the prevailing market value. (j) Land Acquisition Act (I of 1894)- -S. 18-Reference to Court-Scope-Section 18 provides an opportunity to a person to raise grounds and objections with regard to award and cast duty upon the Referee Court to determine the compensation of the land which is subject matter of the acquisition-To achieve such purpose the evidence as a whole of both the parties should be considered. (k) Land Acquisition Act (I of 1894)- -S. 18-Reference to Court-Scope-Reference application is an independent, original proceeding for determination of the compensation afresh on the basis of the material produced and proved before the Referee Court by the parties-After institution of the reference application it is duty of the procuring agency to provide information on the basis of which the compensation was determined and then to prove it through confidence inspiring evidence-Referee Court does not act as an Appellate Court charged with the function of affirming or reversing the findings of the Acquisition Collector which form the basis of the award rather it has to apply its independent mind while determining the amount of compensation to be awarded to the complaining party.

Summary: Summary pending

Summary: Husband purchased plot in Punjab Cooperative Housing Society, punjab, the title has been surreptitiously changed. She seeks provision of documents and relevant copies

Summary: Bail Before Arrest in FIR No. 491/2021, dated 03 -11 -2021 U/s 420/468/471 PPC, P.S Sabzi Mandi, Islamabad.

Summary: Against impugned order dated 19.11.19 whereby cancellation report submitted by I/O is accepted by learned trial court

Summary: FAO: Seeking direction to setaside the impungned order date 06-07-2021 passed by Intellectual Property Tirbunal, Islamabad.