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Latest Judgments (All Jurisdictions within Pakistan)

Messrs Sui Southern Gas Company Ltd. through General Managerand another Vs Arbab Najeebullah,

Citation: PLD 2015 Balochistan 110

Case No: Civil Revision No.62 of 2011

Judgment Date: 27/02/2015

Jurisdiction: Balochistan High Court

Judge: Justice Syeda Tahira Safdar

Summary: (a) Specific Relief Act (I of 1877)-------S. 42---Oil and Gas Regulatory Authority Ordinance (XVII of 2002), Ss. 11 & 12---Suit fordeclaration---Maintainability---Alternate remedy---Appreciation of evidence in civil andcriminal cases---Scope---Defendant a Natural Gas Supply Company had sued the plaintiff forcriminal liability of tampering with meter fixed by company---Contention of plaintiff was that hewas acquitted from the criminal case but his connection was not restored by the Company---Suitwas decreed concurrently---Validity---Company sued the plaintiff initially for a criminalliability---Plaintiff approached the civil court for redressal of his grievance on finalization ofcriminal proceedings---Facts of criminal case and acquittal recorded in favour of plaintiff(respondent) were in the knowledge of courts below---Both the courts below relied upon thefindings recorded in the criminal case---Undue weight was given to the fact that prosecutioncould not establish its case which resulted in acquittal of the plaintiff---Both the courts belowhad erred in law---Standard of appreciation of evidence in criminal and civil cases was different---Accused was presumed to be innocent in criminal cases unless his guilt was proved beyond anyshadow of doubt---Court had to reach at the basis of the matter in civil case and for its minorcontradictions or omissions had to be ignored---Evidence recorded in one case could not be readin another case unless the same was produced and exhibited in accordance with the rules of evidence---Person had to establish his case when he had approached a court to establish his civilliability independently on the basis of evidence produced during course of trial of respectivecase---Each case had to be decided on its own merit---Basic principle had been ignored by boththe courts below while dealing with the present case---Dispute was between a consumer and alicensee of natural gas---Matter was to be governed by the Oil and Gas Regulatory AuthorityOrdinance, 2002---Alternate remedy was available to the plaintiff as consumer of Natural Gasagainst the Company but he avoided the same---Plaintiff was consumer of Natural Gas and wasin contract with the Company (petitioner) for supply of gas for domestic use---Meter wasinstalled on the premises which was removed and connection was disconnected on the allegationof tampering---Statute had provided a proper procedure for resolution of dispute between aconsumer and a licensee---Provisions of law and Regulation had to be adhered to by the parties---Plaintiff was bound to set into motion the relevant provisions and to avail the provided remedybut he directly approached a court of civil jurisdiction which was an error---Alternate remedyprovided by law and Regulations had to be availed first while civil suit would be the last resort---Civil suit was not maintainable in presence of Regulations without availing of the remedyprovided therein for redressal of the grievances of a consumer against a licensee---Impugnedjudgments and decrees passed by the courts below were set aside and suit was dismissed beingnot maintainable---Revision was accepted in circumstances.(b) Administration of justice------Each case had to be decided on its own merit.

MST DILBAR JAN THROUGH SECRETARY BOARD OF REVENUE

Citation: 2016 YLR 53

Case No: C. R. No. 116-P/2013 WITH C. M. No. LL7-P/2014

Judgment Date: 26-02-2015

Jurisdiction: Peshawar High Court

Judge: Justice Abdul Latif Khan

Summary: Summary pending.

ATTA MUHAMMAD VS THE STATE

Citation: 2016 SD 283

Case No: CR M/QP No. 29-P/2015

Judgment Date: 26-02-2015

Jurisdiction: Peshawar High Court

Judge: Justice Abdul Latif Khan

Summary: Summary pending.

ASIF JAHANGIR

Citation: 2015 SD 290

Case No: CIVIL APPEAL No. 25/2013

Judgment Date: 26-02-2015

Jurisdiction: AJK Shariat Court

Judge: Justice Sardar Abdul Hameed Khan

Summary: Summary pending.

MUHAMMAD ANWAR COMPLAINANT VS RAJA MUHAMMAD SHABBIR THE STATE

Citation: 2015 SD 348

Case No: CR. REVISION PETITION No. 97/2013

Judgment Date: 26-02-2015

Jurisdiction: AJK Shariat Court

Judge: Justice Sardar Abdul Hameed Khan

Summary: Summary pending.

Haji Abdul Rasheed Rajput VS Muhammad Yaqoob, etc

Citation: PLJ 2015 Islamabad 133, 2015 YLR 1260

Case No: Civil Revision-18-2015

Judgment Date: 26/02/2015

Jurisdiction: Islamabad High Court

Judge: Justice Aamer Farooq

Summary: Summary Pending

Atta Muhammad vs State

Citation: N/A

Case No: Cr.M Q.P No.29-P /2015

Judgment Date: 26/02/2015

Jurisdiction: Peshawar High Court

Judge: Justice

Summary: S.420,468,471 PPC Non-Custom paid vehicle could not be plied/ taken outside the specified limits even in case of urgency/emergency (Petition dismissed)

Samid Ullah vs State

Citation: N/A

Case No: Cr. M

Judgment Date: 26/02/2015

Jurisdiction: Peshawar High Court

Judge: Justice

Summary: S.419,420,468,471 PPCNon-custom paid vehicle, bogus registration(Petition dismissed)

Nihayat Khan vs Shehryar

Citation: PLJ 2015 Peshawar 180

Case No: CR.No.462

Judgment Date: 26/02/2015

Jurisdiction: Peshawar High Court

Judge: Justice

Summary: S.13 Pre-emption Act:Requirements of Talabs (talb-e-muwathibat)

Mst. Dilbarr Jan vs Govt

Citation: PLJ 2015 Peshawar 149 , 2016 YLR 53

Case No: CR.NO.116/2013

Judgment Date: 26/02/2015

Jurisdiction: Peshawar High Court

Judge: Justice

Summary: S.3,4,5,83 Tenancy Act:Occupancy tenant--compensation,payment of--Scope

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