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Latest Judgments (All Jurisdictions within Pakistan)

vs JOINT REGISTRAR OF COMPANIES CO No 25683 of 2019 decided on 8th June 2020

Citation: PLD 2020 Lahore 869

Case No: Case78475

Judgment Date: 8/6/2020

Jurisdiction: Unknown

Judge: Jawad Hassan, J

Summary: Summary pending

M/s Telecom Foundation VS M/s Asko Enterprise (Pvt) Ltd

Citation: 2020 CLC 1605 Islamabad

Case No: First Appeal Against Order-12-2011

Judgment Date: 8/6/2020

Jurisdiction: Islamabad High Court

Judge: Justice Miangul Hassan Aurangzeb

Summary: Against dismissal of objection petition

Aqeel Feroz VS Shahid Jamil Sethie

Citation: 2020 MLD 1669

Case No: Regular First Appeal-168-2019

Judgment Date: 8/6/2020

Jurisdiction: Islamabad High Court

Judge: Justice Fiaz Ahmad Anjum Jandran

Summary: Against judgment & decree dismissal of suit for specific performance

Tufail Abbas Kazmi VS The State

Citation: 2020 YLR 2618

Case No: Criminal Appeal-284-2019

Judgment Date: 8/6/2020

Jurisdiction: Islamabad High Court

Judge: Justice Ghulam Azam Qambrani

Summary: Against impugned judgment dated 20.7.19 passed by learned Sessions Judge-West, whereby appellant has been convicted in case FIR No. 235 dated 15.12.17 U/S 9-C/15 CNSA, P.S Noon alongwith application U/S 426 CrPC

CDA VS Muhammad Hanif Abbasi

Citation: 2020 CLC 1804

Case No: Regular First Appeal-9-2012

Judgment Date: 8/6/2020

Jurisdiction: Islamabad High Court

Judge: Justice Ghulam Azam Qambrani

Summary: Regular First Appeal, against decree of civil judge partial decree ammounting 15,76,000/-

Presson Descon International Pvt Limited etc. Vs Joint Registrar of Companies .

Citation: 2020 LHC 1645, PLD 2020 Lahore 869, 2020 CLD 1128

Case No: C.O.No.25683 of 2019

Judgment Date: 08/06/2020

Jurisdiction: Lahore High Court

Judge: Justice Jawad Hassan

Summary: The companies filed a petition under Sections 279 to 282 of the Companies Act, 2017, seeking approval for a Scheme of Arrangement. The scheme aimed to separate and transfer assets, shareholding, and intellectual property among the companies. The court received reports, resolutions, and observations from regulatory bodies such as the Securities & Exchange Commission of Pakistan (SECP). Some concerns were raised, including the need for no objection certificates (NOC) from specific banks, disclosure of the value of intellectual property, and approval from shareholders. The petitioners addressed objections, providing NOCs and justifying the lack of valuation for intellectual property due to common ownership within the Dawood Family. The court, acting as a sanctioning authority, evaluated the compliance with legal requirements, the fairness of the scheme, and the commercial wisdom of the involved parties. The court found that all essential statutory benchmarks were met, and the proposed schemes did not violate laws or public policy. Consequently, the court granted approval and sanctioned the Scheme of Arrangement outlined in the document.

Ms Craftsman Pvt Ltd Vs Collector of Customs etc

Citation: 2020 LHC 3580, 2020 PTD 2144 ,(2021) 124 TAX 380 (H.C. Lahore),PLJ 2020 Lahore 369

Case No: Writ Petition No.24833 of 2020

Judgment Date: 08/06/2020

Jurisdiction: Lahore High Court

Judge: Justice Jawad Hassan

Summary: Customs Act (IV of 1969)-------Ss.194-A & 195-B---Appeals to Appellate Tribunal---Deposit, pending appeal, of dutydemanded or penalty levied---Stop gap measure---Scope---Petitioner filed constitutionalpetition before High Court contending therein that despite pendency of appeal beforeCustoms Appellate Tribunal the department was adamant to take coercive measures againstthe petitioner---Validity---High court as a stop gap measure granted temporary relief to thepetitioner by directing the Customs Appellate Tribunal to decide the appeal within a periodof two months and held that till decision of appeal no coercive measures for recovery ofdisputed amount would be taken against the petitioner by the department---Constitutionalpetition was disposed of accordingly.

Khushhal V. The State,

Citation: 2021 YLR 1579

Case No: Criminal Appeal No.(s) 15 of 2020

Judgment Date: 08/06/2020

Jurisdiction: Balochistan High Court

Judge: Justice Muhammad Hashim Khan Kakar

Summary: (a) Penal Code (XLV of 1860)-------S. 302(b)---Qatl-i-amd---Appreciation of evidence---Benefit of doubt---Delay of abouteight hours in lodging the FIR---Effect---Prosecution case was that the accused and coaccused persons tried to take away two bullocks of complainant, when they tried to catchaccused persons, they started firing, as a result brother of complainant got injured andsuccumbed to the injuries---Record showed that FIR in respect of the incident in questionhad been lodged after about eight hours, and thus, a possibility regarding deliberations beforelodging of the FIR could not be safely ruled out of consideration.(b) Penal Code (XLV of 1860)-------S. 302(b)---Qatl-i-amd---Appreciation of evidence---Benefit of doubt---Ocular andmedical evidence---Contradictions---Prosecution case was that the accused along with his coaccused persons tried to take away two bullocks of complainant, when they tried to catchaccused persons, they started firing, as a result brother of complainant got injured, andsuccumbed to the injuries---Record showed that the sole eye-witness produced by theprosecution was the complainant, who was also brother of the deceased---Complainant hadclaimed that on his screaming, his uncle and another person had also attracted to the place ofoccurrence, however, the prosecution had failed to produce and examine the said witnesses insupport of accusation---Instead of providing support to the ocular account, the medicalevidence produced by the prosecution had gone a long way in creating dents in the case ofprosecution---Occurrence had taken place at 1:30 a.m. while the examination of the deadbody had been conducted by Medical Officer after eleven hours of the death of the deceasedgiving rise to an inference that the time had been consumed by the complainant party and thelocal police in cooking up a false story---Astonishingly, firing had been attributed to as manyas six persons while the deceased had sustained a single firearm injury---Medico LegalCertificate showed that the dead body of deceased was brought to the hospital by the policeauthorities that too after eleven hours of the occurrence---Circumstances established that theprosecution had failed to prove its case against the accused beyond reasonable doubt---Appeal against conviction was allowed, in circumstances. (c) Criminal trial-------Absconsion---Scope---Absconsion was not a substantive piece of evidence, it was acorroborative piece of evidence---Where direct evidence failed, corroborative piece ofevidence was of no avail.(d) Penal Code (XLV of 1860)-------S. 302(b)---Qatl-i-amd---Appreciation of evidence---Benefit of doubt---Night-timeoccurrence---Source of light---Scope---Prosecution case was that the accused and co-accusedpersons tried to take away two bullocks of complainant, when they tried to catch accusedpersons, they started firing, as a result brother of complainant got injured, and succumbed tothe injuries---Incident statedly had taken place at about 1:30 a.m. in the mid of March, 2010,at a distance of 150/200 paces from the house of complainant in absence of light---Althoughthe prosecution had mentioned availability of electric light at the house of complainant yetadmittedly no electric bulb had been secured during the investigation of the case---Identification of the culprits by the complainant and attribution of a specific injury to thedeceased, in circumstances, was a claim too tall to be accepted---Circumstances establishedthat the prosecution had failed to prove its case against the accused beyond reasonable doubt---Appeal against conviction was allowed, in circumstances.(e) Criminal trial-------Benefit of doubt---Principle---If any reasonable doubt arose in the prosecution case, thebenefit thereof must be extended to the accused not as a matter of grace or concession but asa matter of right.(f) Criminal trial-------Benefit of doubt---Principle---Any reasonable doubt arising from the prosecutionevidence, pricking the judicious mind, would be sufficient for acquittal of the accused.

SUO MOTO ACTION REGARDING COMBATING THE PANDEMIC OF CORONA VIRUS (COVID -19)

Citation: 2020 SCMR 1036, 2020 SCP 114

Case No: S.M.C.1/2020

Judgment Date: 08/06/2020

Jurisdiction: Supreme Court of Pakistan

Judge: Justice Gulzar Ahmed

Summary: Background:This is a suo motu case initiated by the Supreme Court of Pakistan regarding the COVID-19 pandemic. The case aims to address various aspects of combating the pandemic and ensuring the safety and well-being of citizens across different regions of Pakistan.---Issues:Lack of national legislation to address the COVID-19 pandemic.Ensuring the safety of sanitary workers and providing them with necessary safety equipment.Availability of Personal Protective Equipment (PPE) for healthcare workers.Efforts to combat the locust infestation affecting agricultural production.Policy regarding the opening and closing of shops to mitigate the spread of COVID-19.---Holding/Reasoning/Outcome:The court emphasized the importance of enacting national legislation to effectively deal with the COVID-19 pandemic and protect citizens' rights, particularly under Article 9 of the Constitution.Sanitary workers should not be exposed to health risks while performing their duties, and all necessary safety kits must be provided to them by relevant authorities.The court requested documentation regarding the import of machinery for manufacturing PPE and information on laboratories conducting COVID-19 tests.Efforts to combat the locust infestation, including aerial spraying and use of ground vehicles, were discussed, and detailed reports on these efforts were requested for the next hearing.The court recalled the previous order regarding the closure of shops on weekends and delegated the decision-making regarding shop opening and closing policies to the government.The case was adjourned for two weeks.---Citations/Precedents:Article 9 of the Constitution of Pakistan, which guarantees the protection of citizens' lives and property.

PAKISTAN ENGINEERING COUNCIL vs FEDERATION OF PAKISTAN and others

Citation: 021 MLD 453

Case No: I.C.A. No.33510/2019

Judgment Date: 07/06/2020

Jurisdiction: Lahore High Court

Judge: Shahid Bilal Hassan and Ayesha A. Malik, JJ

Summary: Summary pending

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