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Latest Judgments (All Jurisdictions within Pakistan)

Ziad Shah @ Joggi v. The State

Citation: 2020 SCMR 497, 2020 SCP 37

Case No: Crl.R.P.1/2016

Judgment Date: 29/01/2020

Jurisdiction: Supreme Court of Pakistan

Judge: JUSTICE QAZI MUHAMMAD AMIN AHMED

Summary: Background:Zaid Shah alias Jogi, along with co-accused, was convicted in six cases of abduction for ransom in 2007.Initially sentenced to death, the penalty was later commuted to life imprisonment with concurrent commutation of coordinate charges.After failed jail petitions and review petitions, the petitioner filed a second review petition, seeking concurrent commutation of sentences for the first time in 2019.---Issues:Whether a second review petition is maintainable.Whether the petitioner's plea for concurrent commutation of sentences should be entertained.---Decision:The court held that a second review petition is not maintainable based on precedent and legal principles.The petitioner's plea for concurrent commutation of sentences, raised for the first time in the second review petition, was rejected as it was not pleaded before the court earlier.Considering the gravity of the crimes committed by the petitioner, involving abduction for ransom in multiple cases, the court found no grounds to entertain the plea for concurrent commutation.The review petitions were dismissed.

Nazia Bibi VS The State and others

Citation: Pending

Case No: Criminal Appeal No. 56/2019

Judgment Date: 29/01/2020

Jurisdiction: AJK Supreme Court

Judge: Justice Raja Saeed Akram Khan

Summary: Background: The appellant was accused of participating in the murder of her husband with the assistance of a paramour by administering intoxicant drugs and strangulating him. A case under Sections 302 and 34 of the Pakistan Penal Code (PPC) was registered against her on January 9, 2018, at the Police Station Bhimber. After investigation, the police submitted a challan before the District Court of Criminal Jurisdiction, Bhimber. The appellant sought bail, citing statutory grounds, but the trial court rejected her bail application. She subsequently filed a revision petition before the High Court, which was also dismissed. This led to the present appeal before the Supreme Court of Azad Jammu and Kashmir, Shariat Appellate Jurisdiction. -----Issues: 1- Whether the appellant was entitled to bail on statutory grounds, given the delays in trial and her two-year detention. -----2- Whether the courts below erred in denying bail by concluding that the appellant was a hardened, dangerous criminal. -----Holding/Reasoning/Outcome: The court dismissed the appeal without ruling on the merits of the case to avoid prejudicing the ongoing trial. It acknowledged that bail could be denied based on the severity of the allegations, including the appellant’s alleged role in the premeditated murder of her husband. The court determined that prima facie evidence existed against the appellant, falling within the prohibitory clause of Section 497, Cr.P.C., making her ineligible for bail at this stage. However, to address the issue of delayed justice, the court directed the trial court to expedite the proceedings and complete the trial within four months. If the trial is not concluded within the stipulated period, the appellant may apply for bail again. -----Citations/Precedents: Section 302, Pakistan Penal Code (PPC) Section 34, Pakistan Penal Code (PPC) Section 161, Code of Criminal Procedure (Cr.P.C) Section 497, Code of Criminal Procedure (Cr.P.C)

ABBAS HAIDER NAQVI and anothers vs FEDERATION OF PAKISTAN and others

Citation: 2022 PCrLJ 941

Case No: C.P. No. D-4519/2019

Judgment Date: 28/01/2020

Jurisdiction: Sindh High Court

Judge: Muhammad Iqbal Kalhoro and Shamsuddin Abbasi, JJ

Summary: Summary pending

SHEHARYAR AHMED vs THE STATE

Citation: 2020 PTD 645

Case No: Special Criminal Bail Application No.73/2019

Judgment Date: 28/01/2020

Jurisdiction: Sindh High Court

Judge: Fahim Ahmed Siddiqui, J

Summary: Summary pending

STATE LIFE INSURANCE CORPORATION OF PAKISTAN through Zonal Head/Attorney and another vs Mst NASREEN BEGUM

Citation: 2020 CLD 249

Case No: Insurance Appeal/R.F.A. No. 77885/2019

Judgment Date: 28/01/2020

Jurisdiction: Lahore High Court

Judge: Shahid Waheed and Masud Abid Naqvi, JJ

Summary: Summary pending

Haji KHIZER HAYAT vs ABID HUSSAIN Civil Revision No194717 of 2018 decided on 28th January 2020

Citation: PLD 2020 Lahore 324

Case No: Case64686

Judgment Date: 28/1/2020

Jurisdiction: Unknown

Judge: Shakil-ur-Rehman Khan, J

Summary: Summary pending

Mst NAILA YOUNUS vs The STATE

Citation: 2020 MLD 1036

Case No: Criminal Bail Application No. 778/2019

Judgment Date: 28/01/2020

Jurisdiction: Sindh High Court

Judge: Abdul Maalik Gaddi, J

Summary: Summary pending

Mst ASMA BIBI vs CHAIRMAN RECONCILIATION COMMITTEE and others Writ Petition No6782 of 2019/BWP heard on 28th January 2020

Citation: PLD 2020 Lahore 679

Case No: Case47686

Judgment Date: 28/1/2020

Jurisdiction: Unknown

Judge: Shahid Bilal Hassan, J

Summary: Summary pending

M/s. China Petroleum Pipeline Bureau (Plaintiff) V/S BST Services Bussiness Sup & Tech Pvt Ltd & anotr (Defendant)

Citation: 2020 MLD 1933

Case No: Suit 1044/2019

Judgment Date: 28/01/2020

Jurisdiction: Sindh High Court

Judge: Hon'ble Mr. Justice Agha Faisal

Summary: Arbitration Law (Section 20 of Arbitration Act, 1940)---The case revolves around the plaintiff's request for a reference to arbitration based on an arbitration clause in contracts executed between the parties. The plaintiff alleges that the defendant owes contractual dues that have not been paid despite the defendant's admission of liability. The plaintiff's lawyer argues that the contracts contained arbitration clauses and that the plaintiff had raised invoices for the dues, which remained unpaid. The plaintiff had also allegedly performed its obligations under the contracts and sought negotiation before resorting to legal action. The defendant claims that Sui Southern Gas Company Limited (SSGCL) is a proper party to the proceedings and that the dues were contingent upon payment from SSGCL. The judge dismisses the defendant's application to implead SSGCL in the case, as SSGCL is not party to the contracts and has no obligation to join arbitration proceedings. The judge concludes that the arbitration clauses are clear and enforceable. The judge rejects the defendant's argument regarding the dispute resolution mechanism in the contracts, stating that it does not apply to the present dispute over unpaid dues. In light of the facts presented and the existence of an arbitration agreement, the judge allows the plaintiff's suit and refers the matter to arbitration. An arbitrator is appointed to determine the dispute between the parties in accordance with the law. Overall, the judgment orders that the case be referred to arbitration based on the existence of enforceable arbitration clauses in the contracts.

MST NASREEN VS STATE

Citation: 2020 LHC 3838, 2021 PCrLJ Note 34 Lahore (Multan Bench)

Case No: Crl. Misc. No.259/B/20

Judgment Date: 28/01/2020

Jurisdiction: Lahore High Court

Judge: Justice Muhammad Waheed Khan

Summary: Bail allowed -- In this case, the petitioner seeks post-arrest bail in relation to FIR, registered under section 9(c) of the Control of Narcotic Substances Act, 1997, at P.S. Multan Cantt. The petitioner was apprehended on suspicion, and 1400 grams of Chars were allegedly recovered from her possession. The main argument presented by the petitioner's counsel is centered around the presence of an infant aged about 2.5 months who is being detained in jail along with the petitioner (mother). Citing legal precedents emphasizing the welfare of minors, the counsel argued that it is against the child's welfare to be held in jail for the alleged offenses of the mother. The court, considering these arguments and the completion of the investigation, grants post-arrest bail to the petitioner. The petitioner is admitted to bail upon furnishing a bail bond of Rs.2,00,000/- with one surety in the same amount.

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