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Latest Judgments (All Jurisdictions within Pakistan)

MUHAMMAD NADEEM ANWAR VS SECURITIES EXCHANGE COMMISSION OF PAKISTAN

Citation: PLD 2012 Peshawar 15, PLD 2012 PHC 15

Case No: INTRA-COURT APPEAL No. L/2010

Judgment Date: 30-11-2011

Jurisdiction: Peshawar High Court

Judge: Justice Attaullah Khan

Summary: Summary pending.

RIAZ AHMED OTHERSS VS CENTRAL GOVERNMENT THROUGH SECRETARY PRIME MINISTER SECRETARIAT ISLAMABAD

Citation: 2013 CLC 1291

Case No: WP No. 271/2009

Judgment Date: 30-11-2011

Jurisdiction: Peshawar High Court

Judge: Justice Yahya Afridi

Summary: Summary pending.

THE STATE VS SALAM ALIAS TOOR JAN ALAM ALIAS TOOR JAN VS THE STATE

Citation: 2013 SD 192

Case No: MURDER REFERENCE No. 1/2008

Judgment Date: 30-11-2011

Jurisdiction: Balochistan High Court

Judge: Justice Muhammad Hashim Khan Kakar

Summary: Summary pending.

MST PARVEEN KOUSAR

Citation: 2013 SD 186

Case No: CRL. REVISION No. 34/2009

Judgment Date: 30-11-2011

Jurisdiction: Balochistan High Court

Judge: Justice Muhammad Hashim Khan Kakar

Summary: Summary pending.

Syed Umar Hussain VS The State

Citation: 2012 YLR 879

Case No: Criminal Miscellaneous-678-2011

Judgment Date: 30/11/2011

Jurisdiction: Islamabad High Court

Judge: Justice Shaukat Aziz Siddiqui

Summary: Bail granted---Background: In Criminal Miscellaneous No.678-B of 2011, the petitioner sought bail after being charged with dishonor of cheques under section 489-F of the Penal Code. The petitioner had issued cheques to the complainant for repayment of a loan, which were dishonored upon presentation. Both lower courts had denied the petitioner's bail applications. ----Issues: Whether the offense under section 489-F of the Penal Code falls within the prohibitory clause of section 497 of the Criminal Procedure Code (Cr.P.C.), which governs the grant of bail. Whether the petitioner is entitled to bail given the circumstances of the case and the nature of the offense. Whether the possibility of a minimal fine as punishment warrants the grant of bail. ----Holding/Reasoning/Outcome: The court considered the provisions of section 489-F of the Penal Code, which provides for imprisonment, fine, or both as punishment for the offense of dishonor of cheques. The court noted that the offense does not fall within the prohibitory clause of section 497 of the Cr.P.C. It emphasized the principle of interpreting laws in favor of the accused and cited precedents supporting the grant of bail when the offense does not fall within section 497. The court also considered the absence of a criminal history for the petitioner and the lack of exceptional circumstances justifying denial of bail. Consequently, the bail petition was allowed, and the petitioner was granted bail upon furnishing a bond. ----Citations/Precedents: Zafar Iqbal v. Muhammad Anwar and others, 2009 SCMR 1488 Shameel v. The State and others, 2009 SCMR 174 Riaz Jaffar Natiq v. Muhammad Nadeem Dar and others, 2011 SCMR 1708 Sikandar Zaman v. The State and others, 2011 SCMR 870

Muhammad Younas VS Rana Muhammad Zahid

Citation: Pending

Case No: Writ Petition-390-2010

Judgment Date: 30/11/2011

Jurisdiction: Islamabad High Court

Judge: Justice Noor-Ul-Haq N. Qureshi

Summary: Summary Pending

Afraz Mehmood VS The State

Citation: 2012 PCrLJ 746

Case No: Criminal Miscellaneous-682-2011

Judgment Date: 30/11/2011

Jurisdiction: Islamabad High Court

Judge: Justice Shaukat Aziz Siddiqui

Summary: Summary Pending

M.A Aleem Khan & Sons Pvt. Ltd. VS Pakistan Telecommunication Employees Trust

Citation: 2012 CLC 236

Case No: Civil Suit-70-2011

Judgment Date: 30/11/2011

Jurisdiction: Islamabad High Court

Judge: Justice Riaz Ahmad Khan

Summary: -

ZAHID HUSSAIN ETC. VS MUHAMMAD KHAN ETC.

Citation: 2011 LHC 4251, PLJ 2012 Lahore 231

Case No: W.P. No. 16198 of 2011

Judgment Date: 30/11/2011

Jurisdiction: Lahore High Court

Judge: Justice Muhammad Ameer Bhatti

Summary: Civil Procedure Code, 1908 (V of 1908)------O. XVI, R. 1--Constitution of Pakistan, 1973, Art. 199--Non-submission of list of witnesses withinseven days from date of framing of issues--Jurisdiction to permit beyond that limit--Application wasfound on record without bearing a stamp of Court and remained pending in file of trial Court--Cause ofsubstantial justice and ensure just and effective decision pending between the parties--Validity--Courtshad not held any inquiry about availability of the list of witnesses in file hence it cannot be held that itwas not filed at that stage as it had been shown in the application--If the list of witnesses had beenentertained at the proper time, the position would had been different, therefore, at that stage thepetitioners could not be penalized for omission/negligence of the Court--Since there was lapse ornegligence on part of petitioners as well as on part of the Courts, hence it was advisable and righteous toprovide an opportunity to petitioners for summoning all witnesses according to their list--For advancingthe cause of substantial justice and ensure the just and effective decision of the matter pending betweenthe parties before trial Court, orders of Courts below were set aside by allowing application forsummoning all the witnesses--Subject to deposit of cost of Rs. 10,000/- as expenses to be incurred forsummoning all witnesses--Petition was allowed. [P. 234] A, B & D1988 SCMR 1167, 1995 CLC 327, 2004 SCMR 1367 & 2005 MLD 1713, rel.Rules and Regulations------Scope of--Rules and Regulations are meant to streamline the procedure and administer the course ofjustice--They are no there to thwart same--Courts have a

Sheer Ali Khan vs Haji Atta Ullah

Citation: 2012 PCrLJ 630

Case No: Cri.M.QP No.8

Judgment Date: 30/11/2011

Jurisdiction: Peshawar High Court

Judge: Justice

Summary: S.324,148,149 PPC:Availability of alternate remedy(Petition dismissed)

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