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Latest Judgments (All Jurisdictions within Pakistan)

SOHAIL AHMAD GHAURI vs The STATE and others

Citation: 2020 MLD 1873

Case No: Criminal Miscellaneous No.73529-B/2019

Judgment Date: 14/07/2020

Jurisdiction: Lahore High Court

Judge: Raja Shahid Mehmood Abbasi, J

Summary: Summary pending

MUHAMMAD YAMEEN QURESHI vs The JUDGE ANTIENCROACHMENT TRIBUNAL and 8 others

Citation: 2021 CLC 19

Case No: Miscellaneous Appeal No.31/2019

Judgment Date: 14/07/2020

Jurisdiction: Sindh High Court

Judge: Adnan-ul-Karim Memon, J

Summary: Summary pending

GUL ASIF vs The STATE and others

Citation: 2020 PCrLJ 1358

Case No: Criminal Revision No. 184/2019

Judgment Date: 14/07/2020

Jurisdiction: Lahore High Court

Judge: Muhammad Tariq Abbasi, J

Summary: Summary pending

MUHAMMAD SALEEM vs The STATE

Citation: 2021 YLR 423

Case No: Criminal Jail Appeal No. 8/2019

Judgment Date: 14/07/2020

Jurisdiction: Balochistan High Court

Judge: Muhammad Kamran Khan Mulakhail and Nazeer Ahmed Langove, JJ

Summary: Summary pending

COMMISSIONER INLAND REVENUE vs Messrs DESCON ENGINEERING LIMITED LAHORE

Citation: 2020 PTD 873

Case No: I.T.R. No. 10823/2019

Judgment Date: 14/07/2020

Jurisdiction: Lahore High Court

Judge: Muhammad Sajid Mehmood Sethi and Muzamil Akhtar Shabir, JJ

Summary: Summary pending

Malik UBAIDULLAH vs GOVERNMENT OF PUNJAB and others Civil Petition No 140L of 2015 decided on 14th July 2020

Citation: PLD 2020 Supreme Court 599

Case No: Case56748

Judgment Date: 14/07/2020

Jurisdiction: Supreme Court of Pakistan

Judge: Manzoor Ahmad Malik, Syed Mansoor Ali Shah and Qazi Muhammad Amin Ahmed, JJ

Summary: Summary pending

Tariq Hussain Shah Vs NADRA through Chairman etc

Citation: 2022 PLC CS 255

Case No: W.P No. 4132-P /2299

Judgment Date: 14/07/2020

Jurisdiction: Peshawar High Court

Judge: Justice

Summary: 15. Similarly, employees employed on short term contract for a period not exceeding 12 months or employed on work charge basis or paid from working contingency, were excluded from the term employee of NADRA, as defined in the NADRA Employees (Service) Regulations, 2002, while the petitioner is regularized employee of NADRA and is seeking anti-dated regularization; thus, this writ petition is held maintainable in view of the statutory status of NADRA and the statutory rules regulating service of its employees.

Muhammad Jameel v. Muhammad Yasin, etc

Citation: 2020 SCMR 1237, 2020 SCP 146

Case No: Crl.P.L.A.1196-L/2015

Judgment Date: 14/07/2020

Jurisdiction: Supreme Court of Pakistan

Judge: Justice Qazi Muhammad Amin Ahmed

Summary: Acquittal granted---Background:Muhammad Ashraf was shot dead on June 4, 2008, within the jurisdiction of Police Station Ghulam Muhammad Abad, Faisalabad.The incident was reported by Muhammad Jameel, the nephew of the deceased, at 10:20 p.m. on the same day.Rashid, the prime target of the assault, succumbed to his injuries on June 14, 2008.Witnesses Muhammad Zaman and Qaisar were also injured but did not testify in court.The assailants, including Muhammad Yasin, were alleged to have attacked Ashraf and Rashid due to suspicions of involvement in drug-related activities.---Issues:Whether the conviction of Muhammad Yasin is justified given the doubts raised regarding the prosecution's evidence and the absence of key witnesses.Whether the prosecution provided sufficient evidence to establish the guilt of the accused beyond a reasonable doubt.---Holding/Reasoning/Outcome:The court found inconsistencies and doubts in the prosecution's case, including discrepancies in the timing of the autopsy and the medical examination.The absence of key witnesses, Muhammad Zaman and Qaisar, raised concerns about the reliability of the prosecution's evidence.The court noted the lack of recovery of weapons except for an iron rod, which undermined the prosecution's narrative of the events.Despite allegations against Muhammad Yasin and other accused, the court found the evidence insufficient to support the convictions.Therefore, Muhammad Yasin's conviction was overturned, and he was acquitted of all charges. The petition was allowed, and he was ordered to be released immediately unless detained in another case.However, the petition in relation to another individual, Criminal Petition No. 1196-L of 2015, was dismissed.

Malik Ubaidullah v. Government of the Punjab through Secretary Education, Lahore, etc

Citation: PLD 2020 SC 599, 020 SCP 172

Case No: C.P.L.A.140-L/2015

Judgment Date: 14/07/2020

Jurisdiction: Supreme Court of Pakistan

Judge: Justice Syed Mansoor Ali Shah

Summary: Background:Malik Ubaidullah challenged the selection process under the Disability Quota after failing to secure a position as a Senior Elementary School Educator Arabic (SESE [Arabic]).The case pertains to the allocation mechanism of the Disability Quota under the Disabled Persons (Employment and Rehabilitation) Ordinance, 1981.---Issues:What is the appropriate allocation mechanism for the Disability Quota under the Ordinance?Is the use of certain terminology in official correspondence discriminatory against persons with disabilities?---Holding/Reasoning/Outcome:The court held that the Disability Quota should be calculated based on the total sanctioned posts of the establishment, with further allocation among different categories of posts.Allocation of Disability Quota should ensure fair representation of persons with disabilities in every tier of the establishment.The court directed government authorities to discontinue the use of discriminatory terminology in official correspondence and shift to inclusive language.Reasonable accommodation and infrastructure support must be provided to enable persons with disabilities to perform their jobs effectively.The respondents were directed to reconsider the petitioner's case and fill the Disability Quota for SESE [Arabic] posts within a specified timeframe.---Citations/Precedents:Junaid Mahmood v. Government of Punjab (PLD 2017 Lahore 1)Barrister Asfandyar Khan Tareen, etc. v. Govt. of the Punjab, etc. (PLD 2018 Lahore 300)Pakistan Tobacco Co. Ltd. and others v. Government of N. W.F.P. through Secretary Law and others (PLD 2002 SC 460)Reference No.01/2012 (Reference by the President of Pakistan under Article 186 of the Constitution of Islamic Republic of Pakistan, 1973) (PLD 2013 SC 279)Sajjad Ali v. Vice-Chancellor through Registrar University of Malakand at Chakdara, Dir Lower and others (2020 PLC (C.S.) 235)Cotter, Anne M. 2007. This Ability: An International Legal Analysis of Disability Discrimination.Tushti Chopra, ?Expanding the Horizons of Disability Law in India: A Study from a Human Rights Perspective? (2013) 41 J.L. Med. & Ethics 807----Quote:Rights based approach and mode of determination of 2% employment quota for persons with disabilities (PWDs)

Dr. Shahnawaz Munami & others v. The Federal Govt. of Pakistan & others

Citation: 2020 SCMR 1713, 2020 SCP 195

Case No: C.P.64/2013

Judgment Date: 14/07/2020

Jurisdiction: Supreme Court of Pakistan

Judge: Justice Ijaz Ul Ahsan

Summary: Background:Constitution Petition No.64 of 2013 was filed under Article 184(3) of the Constitution of the Islamic Republic of Pakistan, 1973, by Dr. Shahnawaz Munami and others, seeking the enforcement of Fundamental Rights guaranteed to citizens under the Constitution. The petition was filed by prominent members of the Disability Movement in Pakistan, highlighting the challenges faced by persons with disabilities in the country. It was emphasized that despite global movements and Pakistan's ratification of the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD), disabled persons remained neglected, marginalized, and faced barriers to inclusion in society.---Issues:Enforcement of Fundamental Rights guaranteed to citizens, particularly persons with disabilities, under the Constitution.Lack of implementation and periodic updating of laws and policies related to persons with disabilities, including the Disabled Persons (Employment Rehabilitation) Ordinance, 1981, and the National Policy for Persons with Disabilities.---Holding/Reasoning/Outcome:The Supreme Court of Pakistan, acting as the guardian of Fundamental Rights, entertained the petition and sought input from various stakeholders, including the Federal and Provincial Governments, and private citizens. Despite some legislative efforts in certain provinces, such as Punjab and Khyber Pakhtunkhwa, challenges remained in implementing laws and policies related to persons with disabilities. Reliable data regarding the prevalence of disabilities in Pakistan was lacking, highlighting the need for comprehensive measures to address the issues faced by this segment of society. The Court continued to hear the matter and receive input from stakeholders to address the challenges faced by persons with disabilities and ensure the enforcement of their Fundamental Rights.---Citations/Precedents:Article 184(3) of the Constitution of the Islamic Republic of Pakistan, 1973United Nations Convention on the Rights of Persons with Disabilities (UNCRPD)Disabled Persons (Employment Rehabilitation) Ordinance, 1981National Policy for Persons with DisabilitiesRelevant legislation and policies mentioned in the petition and submissions before the Court

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