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Latest Judgments (All Jurisdictions within Pakistan)

MUHAMMAD TARIQ ALIAS TARI OTHERSS VS THE STATE

Citation: 2018 PCrLJ 212

Case No: C.AS Nos. 1081 964 CRIMINAL REVISION No. 408 AND MURDER REFERENCE No. 17/2010

Judgment Date: 12-01-2017

Jurisdiction: Lahore High Court

Judge: Justice Syed Shahbai

Summary: Summary pending.

KHAWAJA RAHIM ULLAH OTHERSS VS BANK OF PUNJAB

Citation: 2017 CLD 873

Case No: R. F. A. No. 30/2013/BWP

Judgment Date: 12-01-2017

Jurisdiction: Lahore High Court

Judge: Justice Muhammad Sajid Mehmood Sethi

Summary: Summary pending.

AWAL KHAN OTHERSS VS THE STATE THROUGH AG KPK

Citation: 2017 SCMR 538

Case No: CRIMINAL PETITION No. 1287/2016

Judgment Date: 12-01-2017

Jurisdiction: Supreme Court of Pakistan

Judge: Justice

Summary: Summary pending.

MUHAMMAD NOMAN VS THE STATE

Citation: 2017 SCMR 560

Case No: CRIMINAL PETITION No. ' 1188/2016

Judgment Date: 12-01-2017

Jurisdiction: Supreme Court of Pakistan

Judge: Justice

Summary: Summary pending.

HAKIM ALI VS THE STATE

Citation: 2017 PCrLJ 603

Case No: CRIMINAL MISC. No. 13648-B/2016

Judgment Date: 12-01-2017

Jurisdiction: Lahore High Court

Judge: Justice Muhammad Anwaarul Haq

Summary: Summary pending.

MUHAMMAD USMAN ALIAS SANI VS THE STATE

Citation: 2017 PCrLJ 1246

Case No: CrM No. 16048-B/2016

Judgment Date: 12-01-2017

Jurisdiction: Lahore High Court

Judge: Justice Abdul Sami Khan

Summary: Summary pending.

Fida Muhammad Vs Govt.

Citation: 2018 PLC CS Note119

Case No: W.P No. 3309-P /2015

Judgment Date: 12/01/2017

Jurisdiction: Peshawar High Court

Judge: Justice

Summary: Art. 199 Constitution of Pakistan, 1973.Consultation of law Department before introducing Law or Rule, mandatory.

ZOHAIB HASSAN VS THE IG. POLICE ETC

Citation: 2017 LHC 5586, 2017 PLC CS 507

Case No: I.C.A. No.1591 of 2016

Judgment Date: 12/01/2017

Jurisdiction: Lahore High Court

Judge: Justice Jawad Hassan

Summary: Civil service-------Appointment against post of Assistant Superintendent Jail---Re-measurement of height ofcandidate---Concealment of facts---Effect---Appointment letter was issued in favour of petitionersubject to fitness report---Department refused to take joining of petitioner and petitioner filedconstitutional petition against such refusal which was disposed of with the direction to thedepartment to decide the application of petitioner---Petitioner was summoned for remeasurement of his height along with record but he filed yet another constitutional petitionwhich was dismissed---Validity---Petitioner had concealed facts which could be taken intoconsideration---Previous wrong decisions on the basis of said concealment of facts could becurable at belated stage---Petitioner had remained unable to prove his case---Person could nothave vested right for a post against which he did not fulfill the requirement/ criteria---Noillegality had been pointed out in the impugned order passed by the Single Judge of High Court---Intra-court appeal was dismissed in circumstances.

MST IRSHAD BEGUM VS GOVERNMENT ETC

Citation: 2017 LHC 455, PLJ 2017 Lahore 398

Case No: Writ Petition No.8708 of 2015/BWP

Judgment Date: 12/01/2017

Jurisdiction: Lahore High Court

Judge: Justice Muhammad Sajid Mehmood Sethi

Summary: he main arguments put forward by the petitioners were:The Headmistress had no authority to surrender or relieve them.The District Coordination Officer (D.C.O.) did not have a role in these matters.The orders were issued without serving the petitioners with a Show Cause Notice or providing them with an opportunity for a personal hearing.Transfer or surrender of teachers could only be done after an inquiry under the Punjab Employees Efficiency, Discipline, and Accountability Act, 2006.The orders were issued during a ban on transfers of teaching staff.The government argued that the transfer and posting of teachers are part of their terms and conditions of service, which fall under the jurisdiction of the Service Tribunal. They invoked Article 212 of the Constitution of Pakistan to argue that the court should not entertain matters related to the terms and conditions of service of civil servants.The court held that the matter in dispute, which included the transfer and posting of the petitioners, was indeed part of their terms and conditions of service. Therefore, it fell under the jurisdiction of the Service Tribunal, and the court could not entertain the case. Even allegations of malice or illegality did not give the court jurisdiction to interfere. The court emphasized that the Service Tribunal was the appropriate forum for addressing such issues. The court referred to various precedents and rulings in support of this conclusion.In summary, the judgment dismisses the petition and connected petitions, as it was found that the court lacked jurisdiction to address the matter related to the terms and conditions of service, including the transfer and posting of civil servants, due to the provisions of Article 212 of the Constitution of Pakistan.

M/S EDEN DEVELOPERS PVT LTD VS GOVT OF THE PUNJAB ETC

Citation: 2017 LHC 244, 2017 LN 218,PLD 2017 Lahore 442

Case No: Writ Petition No.24493/2012

Judgment Date: 12/01/2017

Jurisdiction: Lahore High Court

Judge: Justice Ch. Muhammad Iqbal

Summary: The petitioner contested the legality of an order, rejecting their application for land acquisition for a housing scheme. The petitioner had sought the acquisition of land, but the government withdrew the initial notification in 2009. The court ruled that the petitioner's business in real estate did not qualify as a public purpose under the Land Acquisition Act, emphasizing that land acquisition is permissible only for public purposes. The judgment highlighted that the government has the authority to withdraw from land acquisition before taking possession and noted the absence of satisfaction by the provincial government for the acquisition. The court also criticized the petitioner for not including necessary parties in the petition. Ultimately, the writ petition was dismissed for lacking merit.

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