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Latest Judgments (All Jurisdictions within Pakistan)
MESSRS TUWAIRQI STEEL MILLS LTD THROUGH AUTHORIZED REPRESENTATIVE VS ILLRD SENIOR CIVIL JUDGE SOUTH KARACHI
Summary: Summary pending.
Azher Jawaid (Petitioner) V/S Fed. of Pakistan and Ors (Respondent)
Summary: In the Human Rights Case andothers, reported in 2014 SCMR 220, the hon?ble SupremeCourt held that the court exercises judicial restraint inmatters of Government policy except where fundamentalrights are violated. In the case of Doctor Alyas QadeerTahir vs. Secretary M/O CADD Education Islamabad,reported in 2014 SCMR 997, the apex court held that forenactment of rules or amendment therein is the prerogativeof the Government. It can enact and amend the rulesaccording to the needs and exigencies of service. It is notindividual but institutional interest or uplift which shapesits service structure. Alright, at the time of appointment ofthe respondents, no such rules were enacted or enforced butit does not mean that the institution or the departmenthaving thus started would remain in wilderness. It maychange with a change in attending circumstances and future prospects. It was further held that the vires or validity ofRules or amendments therein attending to such aspects,cannot, therefore be looked askance at. The more so whenthere is absolutely nothing in the Rules to show that theyare either person specific or an off shoot of mala fides.
M/s Tuwairqi Steel Mills (Petitioner) V/S 3rd SCJ kARACHI SOUTH (Respondent)
Summary: Appeal, Civil Procedure Code CPC (Suit for Recovery, Dismissed.), Constitution of Pakistan (199)---The petitioner through the petition has challenged the order passed by learned IIIrd Senior Civil Judge Karachi (South) whereby the application under Order XXXVIII Rule 5 of CPC of respondent No.2 was allowed.Provision of Order XXXVIII Rule 5 of CPC and Article 199 of constitution were discussed in the case. It was observed that the court should be satisfied that there is reasonable chance of a decree being passed in the suit against the defendant. And that the plaintiff has a prima facie case. If averments in the plaint and documents produced in support of it, do not satisfy the court about the existence of a prima facie case, the court will not go to the next stage of examining whether the interest of the plaintiff should be protected by exercising power under Order 38 Rule 5 of CPC. As has been viewed in the case of Mohiuddin Molla Vs. The Province of East Pakistan and others (PLD 1962 SC 119).
WAHEED ANWAR VS ADDITIONAL DISTRICT JUDGE, ETC
Summary: Family Courts Act (XXXV of 1964)-------S. 13---Decree for maintenance allowance, execution of---Conditional compromise---Wifewithdrew earlier execution petition on basis of conditional compromise---Subsequently husbandfailed to honour terms of compromise, therefore, his warrants were issued---Husband objected towarrant contending that "once compromise was always a compromise" therefore his warrantsshould be cancelled---Circumstances demonstrated that decree was not satisfied in letter andspirit, rather parties entered into a compromise on conditional statement of wife i.e. that ifhusband again deserted her from his house, she reserved the right to re-file execution petition---Judgment-debtor being father of minors and husband of the lady was under legal and moralobligation to maintain them---Judgment and decree was not assailed before appellate court,therefore, it had attained finality and no exception could be taken to that---Executing court couldnot go beyond the decree---Contention of judgment-debtor that "once compromise was always acompromise" was misconceived and ill-founded because compromise inter se parties wasconditional which was revoked by husband/father himself---Constitutional petition wasdismissed accordingly.
MUHAMMAD NASRULLAH KHAN vs SHAUKAT ALI and others
Summary: Summary pending
ASGHAR BIN SHAHID JAFRI vs DEFENCE HOUSING AUTHORITY and another IntraCourt Appeal No689 of 2011 decided on 12th January 2017
Summary: Summary pending
TARIQ vs The STATE and another
Summary: Summary pending
YAR MUHAMMAD and another vs Moulvi ABDUL FATAH and another
Summary: Summary pending
Messrs EDEN DEVELOPERS (PVT) LIMITED vs GOVERNMENT OF THE PUNJAB and others Writ Petition No24493 of 2012 heard on 12th January 2017
Summary: Summary pending
Engineer YAWAR ABBAS vs SECRETARY KASHMIR AFFAIRS GB and others
Summary: Summary pending