Honourable Chief Justice of Pakistan
Mr. Justice Yahya Afridi
Hon'ble Chief Justice-SHC/Chairman I.T. Committee
Sindh High Court
Mr. Justice Muhammad Shafi Siddiqui
1 . Const. P. 4419/2023 Mehwish Hameed and Another V/S School Education & Literacy Dept: and Another Sindh High Court, Karachi [SHC Citation: 2024- SHC-KHI - 224009 ]The High Court can review SPSC decisions if they are unconstitutional, illegal, or unfair. However, the Court cannot substitute its judgment for the SPSC's, but can only ensure the decision's legality and fairness. However, in the present case, it appears that the Sindh Public Service Commission announced the posts of subject specialist Zoology and Botany (BS-17) under the School Education and Literacy Department Government of Sindh vide advertisement No. 09/2022 dated 11.11.2022, both petitioners applied against the said posts and secured fewer marks in pre-interview written test on Urban quota as alleged. The recommendation process has not been completed vide press release dated 10.10.2023, 17.10.2023, and 21.11.2023, and the candidates have been accommodated to their respective posts, at this stage to scrutinize the MCQs answer sheet of the petitioners by this Court is a herculean task, which cannot be undertaken under Article 199 of the Constitution, however, the petitioners are at liberty to approach the Chairmen Sindh Public Service Commercial redressal of their grievances in terms of regulations framed by the competent authority of the Government of Sindh, which shall be taken care of after providing meaning hearing of the petitioners.Read more
Matter:-DIRECTION
2 . Const. P. 4745/2024 Tufail Ahmed Soomro V/S Fed. of Pakistan and Another Sindh High Court, Karachi [SHC Citation: 2024- SHC-KHI - 224007 ]The Supreme Court's judgment, being in rem, applies to all and can be referenced even if the petitioner was not directly involved in the case. However, the Sindh government incorrectly repatriated the petitioner to a non-existent organization at the relevant time. They should have sent him to the Establishment Division as per the Supreme Court's order. But at the same time, we are cognizant of the fact that a non-civil servant does not fall under the category of individuals covered by Section 11-A of the Civil Servants Act, 1973. This section specifically applies to civil servants who are rendered surplus due to the reorganization or abolition of a division, department, or office. Non-civil servants, by definition, are not subject to the provisions of the Civil Servants Act. Their terms and conditions of service are typically governed by separate contracts or agreements with the employing organization. Therefore, the provisions of Section 11-A, including the possibility of being posted to another department, would not apply to non-civil servants.Read more
Matter:-SERVICE
3 . Const. P. 5066/2024 Ayaz Hussain and 432 Others V/S Province of Sindh & Others Sindh High Court, Karachi [SHC Citation: 2024- SHC-KHI - 224033 ]Given the legal analysis on the subject issue, we are of the view that the claim of the petitioners for retroactive regularization from their initial contract appointment and seniority and promotion thereon, from that angle is not legally sound, besides promotion and seniority, not absolute rights, they are subject to rules and regulations if the recruitment rules of the subject post permit the case of the petitioners for promotion may be considered, however, we are clear in our point of view that contractual service cannot be considered for seniority and promotion as the seniority is reckoned from the date of regular appointment and promotion depends upon seniority cum fitness, subject to availability of vacancy subject to the approval of the competent authority. The regularization of the petitioners shall be considered from the date of their regularization. On the aforesaid proposition, we are guided by the decision of the Supreme Court in the case of Deputy Director Food Faisalabad Division, Faisalabad, etc. vs Muhammad Tauqir Shah and others vide order dated 10.03.2021passed in C.P.43-L/2021 to C.P.58-L/2021.Read more
Matter:-SERVICE
4 . Const. P. 886/2023 Khair Nawaz Khan V/S Fed. of Pakistan and Others Sindh High Court, Karachi [SHC Citation: 2024- SHC-KHI - 224005 ]Regularization of contractual employees requires a clear legal basis, a well-defined policy, and a fair assessment of the employee's performance and qualifications. Without these, employees cannot claim regularization of service. Reference in this regard may be made to the cases of Vice Chancellor Agriculture University, Peshawar v Muhammad Shafiq 2024 SCMR 527, Federation of Pakistan through Secretary, Ministry of Law and Justice Islamabad and another v. Fazal-e-Subhan and others (PLD 2024 SC 515); Government of Khyber Pakhtunkhwa through Secretary Forest, Peshawar and others v. Sher Aman and others (2022 SCMR 406); and Messrs. State Oil Company Limited v. Bakht Siddique and others (2018 SCMR 1181).Read more
Matter:-SERVICE / REGULARIZATION
5 . Const. P. 5113/2023 Hamid uz Zafar V/S Province of Sindh & Others Sindh High Court, Karachi [SHC Citation: 2024- SHC-KHI - 224003 ]Section 119 of the Sindh Local Government Act, 2013, primarily deals with the establishment and composition of the Provincial Local Government Commission. It outlines that the Commission shall consist of the Minister for Local Government, who serves as the Chairman, and two members of the Provincial Assembly of Sindh, nominated by the Leader of the House and the Leader of the Opposition. However, it does not explicitly address the tenure of members or the implications of the dissolution of the Provincial Assembly on their positions. Besides, Rule of the Provincial Local Government Commission (Conduct of Business) Rules, 2017, do not directly address the issue of a member's tenure or the impact of the Provincial Assembly's dissolution. It primarily outlines serving of notice and hearing before removing members. The Commission's rules do not address the salary issue for former MPAs on the Commission. As MPAs are already public servants with salaries. The court cannot decide if the former MPA can claim additional salary for their role on the Commission as the rules do not provide clear guidance on this matter.Read more
Matter:-DIRECTION
6 . Spl. Cus. Ref. A. 358/2024 The Collector of Customs, Karachi V/S M/s. Allmed Laboratories, Karachi & another Sindh High Court, KarachiTopic: Custom Act, 1969
[SHC Citation: 2024- SHC-KHI - 223761 ]No Reassessment under Section 80(3) of the Customs Act, when goods are out of charge and releasedRead more
Matter:-CUSTOM MATTER
7 . H.C.A 158/2020 Mrs. Anjum Ara V/S Shabbir A. Halai Sindh High Court, Karachi [SHC Citation: 2024- SHC-KHI - 223595 ]No statutory mandate under the Specific Relief Act, 1877, compelling the Plaintiff (vendee) to tender the outstanding sale consideration in Court at the time of filing or presenting the plaint, nor at the admission of the suit before the issuance of summons to the Defendant.Read more
Matter:-AGAINST THE JUDGEMENT
8 . H.C.A 167/2020 Trading Corporation of Pakistan (Pvt) Ltd. V/S Sadan General Trading LLC & another Sindh High Court, Karachi [SHC Citation: 2024- SHC-KHI - 223611 ](i). Discussion on Section 74 of Contract Act. (ii). maxim "ubi jus ibi remedium" Meaning `where there is right, there is a remedy.Read more
Matter:-ARBITRATION
9 . H.C.A 33/2005 Najibul Haq & Ors V/S M/s. Works Coop. Housing Society and Ors Sindh High Court, Karachi [SHC Citation: 2024- SHC-KHI - 223607 ](i). Discussion on Articles 91, 120, 142 of Limitation Act. (ii). In a case where one denies to be a party to the transaction, he can simply ask for a declaration that the document shall not be deemed to be operative as against his rights and the Court need not give any relief of cancellation thereof.Read more
Matter:-AGAINST ORDER
10 . Const. P. 1465/2024 National Accountability Bureau V/S Federation of Pakistan & Others Sindh High Court, Circuit at Hyderabad [SHC Citation: 2024- SHC-HYD - 223524 ]Request of the National Accountability Bureau for 25 % share amount of misappropriation recovered by NAB is denied.Read more
Matter:-NAB
11 . Spl.Cr.J.A 79/2024 Ali Raza @ Photo Ghanghro & others V/S The State Sindh High Court, Bench at Sukkur
Matter:-R.I FOR 10 YEARS & ABOVE
12 . E.P 28/2024 ABDUL QADEER V/S ECP AND OTHERS Sindh High Court, KarachiAffidavit of service beyond limitation. Petition rejected.Read more
Matter:-ELECTION MATTER
13 . Suit 1367/2024 MUHAMMAD ARIF & OTHERS V/S UNIVERSITY OF KARACHI & ANOTHER Sindh High Court, KarachiPlaintiffs failing in more than one subject not eligible to sit for higher examination.Read more
Matter:-Others
14 . Const. P. 8180/2019 Saif Shujaat and Ors V/S Govt. of Sindh & Others Sindh High Court, Karachi [SHC Citation: 2024- SHC-KHI - 223999 ]Given the legal analysis on the subject issue, we are of the view that the claim of the petitioners for retroactive regularization from their initial contract appointment and promotion thereon, from that angle is not legally sound, besides promotion and seniority, not absolute rights, they are subject to rules and regulations if the recruitment rules of the subject post permit the case of the petitioners for promotion may be considered, however, we are clear in our point of view that contractual service cannot be considered for seniority and promotion as the seniority is reckoned from the date of regular appointment and promotion depends upon seniority cum fitness, subject to availability of vacancy subject to the approval of the competent authority.Read more
Matter:-SERVICE
15 . Const. P. 479/2019 Waheed Akhtar V/S Fed. of Pakistan and Others Sindh High Court, Karachi [SHC Citation: 2024- SHC-KHI - 224001 ]The petition regarding the upgraded post and pay fixation are not entertainable for the reasons that such matters are typically handled by administrative or service tribunals, and the legal grounds for this petition are insufficient as such this petition is dismissed, which involves disputed claims and counterclaims on the subject post, therefore this court is not in a position to dilate upon such disputes in constitutional jurisdiction.Read more
Matter:-SERVICE
16 . Const. P. 5828/2020 Shiraz Mazhar V/S D.H.A and Others Sindh High Court, Karachi [SHC Citation: 2024- SHC-KHI - 223997 ]Article 199 of the Constitution allows this Court intervention only when: All other legal remedies have been exhausted, or, no alternative legal remedies exist. To invoke the jurisdiction of this Court, the petitioner must demonstrate a vested/legal right or interest that has been violated, which the petitioners failed to demonstrate by producing cogent material on record, merely saying that reclassifying Plot No. 12-B for commercial use is not sufficient until and unless it is proved in evidence that it is illegal as the Board of DHA has no power and authority to do so under the relevant regulations, which involve zoning approvals and environmental impact assessments, depending on the proposed commercial use. Besides it is yet to be determined that Plot No. 12-B, a corner plot on Commercial Avenue, was always shown as an open plot for residential purposes, however, respondents had shown the plot's purpose as a "Sewerage Pump" station on older maps and now relocated it somewhere else. These all facts require evidence and this court at this stage cannot give concrete findings on the subject issue.Read more
Matter:-PROPERTY MATTER
17 . R.A (Civil Revision) 230/2010 Wahid Bux Buriro V/S Manzoor Hussain and another Sindh High Court, Bench at Sukkur
Matter:-AGAINST THE ORDER
18 . R.A (Civil Revision) 53/2006 Mohammad Akram Rahoojo V/S Province of Sindh and others Sindh High Court, Circuit at Larkana [SHC Citation: 2024- SHC-LRK - 223364 ]It is a well-established doctrine that the concurrent findings of fact recorded by the Tribunals and the Courts below are generally impervious to being set aside within the ambit of revisional jurisdictionRead more
Matter:-Against Order
19 . R.A (Civil Revision) 48/2012 Gahi @ Gada Hussain Samtio and others V/S Shaman Samtio and others Sindh High Court, Circuit at Larkana [SHC Citation: 2024- SHC-LRK - 223362 ]Section 11 C.P.C enunciates that once a court has conclusively adjudicated an issue, it cannot be re-litigated in a subsequent suitRead more
Matter:-Against Order
20 . Const. P. 5732/2024 Trade Smart Securities Pvt Ltd V/S SECP and Others Sindh High Court, KarachiTopic: Arbitration Law (Judicial review not maintainable)
[SHC Citation: 2024- SHC-KHI - 223283 ]No judicial review is made out against the Pakistan Stock Exchange under Article 199(1)(a)(ii) of the 1973 Constitution when an arbitration is ongoing and PSX has not done any act or proceeding in connection with the functions and affairs of the Federal GovernmentRead more
Matter:-AGAINST THE ORDER
21 . Const. P. 6120/2024 Saresh Kumar Manglani V/S Province of Sindh & Others Sindh High Court, Karachi [SHC Citation: 2024- SHC-KHI - 223249 ]Moreover, in a chain of judgments, the Supreme Court has pronounced that the revenue authorities can only resort to variation/correction of old standing entries in the revenue record if those which crept in due to some omission, inadvertence or clerical mistake. In this context, reference can conveniently be made to the cases of Waris Khan and 18 others v. Col. Humayun Shah and 41 others (PLD 1994 SC 336) and Muhammad Yousaf and 3 others v. Khan Bahadur through L.R.s. (1992 SCMR 2334). In the case of Muhammad Yousaf (Supra), the Supreme Court has drawn a line of distinction between the matters wherein the revenue authorities have the jurisdiction to effect any correction and those which are to be determined by the Civil Courts on the move of the aggrieved partyRead more
Matter:-AGAINST ORDER
22 . Const. P. 6123/2024 Waqas Javed V/S Province of Sindh & Others Sindh High Court, Karachi [SHC Citation: 2024- SHC-KHI - 223253 ]Moreover, in a chain of judgments, the Supreme Court has pronounced that the revenue authorities can only resort to variation/correction of old standing entries in the revenue record if those which crept in due to some omission, inadvertence or clerical mistake. In this context, reference can conveniently be made to the cases of Waris Khan and 18 others v. Col. Humayun Shah and 41 others (PLD 1994 SC 336) and Muhammad Yousaf and 3 others v. Khan Bahadur through L.R.s. (1992 SCMR 2334). In the case of Muhammad Yousaf (Supra), the Supreme Court has drawn a line of distinction between the matters wherein the revenue authorities have the jurisdiction to effect any correction and those which are to be determined by the Civil Courts on the move of the aggrieved partyRead more
Matter:-AGAINST ORDER
23 . Const. P. 6122/2024 Tehseen Haroon V/S Province of Sindh & Others Sindh High Court, Karachi [SHC Citation: 2024- SHC-KHI - 223251 ]Moreover, in a chain of judgments, the Supreme Court has pronounced that the revenue authorities can only resort to variation/correction of old standing entries in the revenue record if those which crept in due to some omission, inadvertence or clerical mistake. In this context, reference can conveniently be made to the cases of Waris Khan and 18 others v. Col. Humayun Shah and 41 others (PLD 1994 SC 336) and Muhammad Yousaf and 3 others v. Khan Bahadur through L.R.s. (1992 SCMR 2334). In the case of Muhammad Yousaf (Supra), the Supreme Court has drawn a line of distinction between the matters wherein the revenue authorities have the jurisdiction to effect any correction and those which are to be determined by the Civil Courts on the move of the aggrieved partyRead more
Matter:-AGAINST ORDER
24 . Const. P. 238/2024 Ayaz Ali kalwar V/S Mst Shaista Kalwar & others Sindh High Court, Bench at Sukkur
Matter:-Family Matter
25 . H.C.A 63/2017 Azhar Saeed Farooqui V/S Anwar Saeed Farooqui & others Sindh High Court, Karachi
Matter:-AGAINST ORDER
26 . Const. P. 2739/2011 Haji Muhammad Ashraf Memon V/S Ministry of Housing & Works & Ors Sindh High Court, Karachi [SHC Citation: 2024- SHC-KHI - 223319 ]The High Court's constitutional jurisdiction is extraordinary and should only be used when other remedies are unavailable. The Supreme Court's judgment in Dr. Abdul Nabi's case (2023 SCMR 1267) supports this view. ???The extraordinary jurisdiction under Article 199 of the Constitution is envisioned predominantly for affording an express remedy where the unlawfulness and impropriety of the action of an executive or other governmental authority could be substantiated without any convoluted inquiry. The expression "adequate remedy" signifies an effectual, accessible, advantageous, and expeditious remedy that should also be remedium juris, i.e. more convenient, beneficial, and effective. To effectively bar the jurisdiction of the High Court under Article 199 of the Constitution, the remedy available under the law must be able to accomplish the same purpose which is sought to be achieved through a writ petition. This extraordinary jurisdiction is provided as a remedy to cure illegality which can be established without any elaborate inquiry into disputed facts???Read more
Matter:-DECLARATION
27 . Const. P. 6194/2024 Muhammad Anwar & Others V/S Province of Sindh & Others Sindh High Court, Karachi [SHC Citation: 2024- SHC-KHI - 223301 ]Moreover, in a chain of judgments, the August court has pronounced that the revenue authorities can only resort to variation/correction of old standing entries in the revenue record if those which crept in due to some omission, inadvertence or clerical mistake. In this context, reference can conveniently be made to the cases of Waris Khan and 18 others v. Col. Humayun Shah and 41 others (PLD 1994 SC 336) and Muhammad Yousaf and 3 others v. Khan Bahadur through L.R.s. (1992 SCMR 2334). In the case of Muhammad Yousaf (Supra), the August Court has drawn a line of distinction between the matters wherein the revenue authorities have the jurisdiction to effect any correction and those which are to be determined by the Civil Courts on the move of the aggrieved party.Read more
Matter:-Land Matters
28 . Const. P. 4667/2023 Atta Muhammad V/S Province of Sindh & Others Sindh High Court, Karachi [SHC Citation: 2024- SHC-KHI - 223303 ]Primarily, the police force is a disciplined force; it shoulders the great responsibility of maintaining law and order and public order in the society; that people repose great faith and confidence in it; that it must be worthy of that confidence; that in recent times, the image of the police force is tarnished and instances of police personnel behaving in a wayward manner by misusing power are in Public domain and are a matter of concern. This factual position is also a cause of great concern these days in our Country as well. On numerous occasions, we come across the involvement of Police personnel in routine as well as heinous crimes, and even if they are apprehended, are let off by the Courts due to faulty and supportive investigation by their brethren by extending the benefit of the doubt. Taking guidance from these observations, it is observed that this must stop and Courts are also required to play their part and let this issue be decided by the Executive / Appointing Authority which in all fairness is in a much better position to ascertain facts and the relevant ground realities.Read more
Matter:-APPOINTMENT
29 . Spl.Cr.J.A 77/2023 Asif Ali @ Muhammad Asif Memon V/S The State Sindh High Court, Bench at Sukkur
Matter:-R.I FOR 7 YEARS & ABOVE
30 . Const. P. 7686/2022 Govt. of Sindh and Others V/S Asghar and Others Sindh High Court, Karachi
Matter:-AGAINST ORDER OF CIVIL REVISION (CR)
31 . Const. P. 5911/2024 Muhammad Nasir Khan and Others V/S Province of Sindh & Others Sindh High Court, Karachi [SHC Citation: 2024- SHC-KHI - 223241 ]This petition seeking reconsideration of Rules framed by the respondent department vide notification dated 23.9.2024 cannot be entertained as this Court lacks the jurisdiction under Article 199 of the Constitution for the reasons that it lacks the expertise to dictate policy decisions/framing the rules and that such decisions are required to be made by experts in the field. 6. This petition is found to be not maintainable and is dismissed accordingly with pending application (s).Read more
Matter:-SERVICE
32 . Cr.Bail 2633/2024 MUHAMMAD SALEEM S/O TAJ MUHAMMAD V/S THE STATE Sindh High Court, Karachi [SHC Citation: 2024- SHC-KHI - 223360 ]It appears from the record that the applicant is not nominated in the FIR and no recovery has been effected from his possession. The only allegation against the applicant that facilitated the co-accused who had named him in the present crime, this factum was recorded by the trial court in the order. The alleged extra-judicial confession of co-accused made before police, if any, is not admissible under Articles 38 and 39 of the Qanun-e-Shahadat Order, 1984, that no confession made to a police officer shall be proved as against a person accused of any offence, while Article 39 emphasizes that, subject to Article 40, no confession made by any person whilst he is in the custody of a police officer, unless it be made in the immediate presence of a Magistrate, shall be proved as against such person. Seemingly, a confession made before the police is not made admissible by dint of the aforesaid provisions of the Qanun-e-Shahadat Order 1984 in order to preserve and safeguard the philosophy of safe administration of criminal justice and is also based on public policy. In the aforesaid backdrop, I am sanguine that the case of applicant requires further inquiry to prove his guilt which can only be thrashed out after recording of evidence in the trial Court. On the aforesaid proposition I am guided by the decision of the Supreme Court in the case of Ikram-ul-Haq v Raja Naveed Sabir & others (2012 SCMR 1273).Read more
Matter:-BAIL AFTER ARREST
33 . Const. P. 5887/2024 Sajjad Ahmed Sunny and Others V/S Province of Sindh & Others Sindh High Court, Karachi [SHC Citation: 2024- SHC-KHI - 223239 ]We do not agree with the findings of the IGP Sindh and other members of the Committee for the simple reason that transferring the investigation wing to the Executive branch is not justified by the Police Act or the Police Rules 1934, citing para 56 of the Gul Hassan Jatoi judgment. The transfer of investigation officers to the Executive branch contradicts the Supreme Court's judgment as their appointment letters as Inspector Investigations limit their transfer and posting to the Executive Branch, is a matter of their terms and conditions of service and is outside the jurisdiction of the court under Article 212 of the Constitution. Therefore, the petitioners cannot be allowed to be transferred from the Investigation wing to perform their service in the Executive Branch of the Police Department. The petition is dismissed as it lacks merit as well.Read more
Matter:-SERVICE
34 . I.T.R.A 342/2024 M/S AL MASOOM PRODUCTS V/S COMMISSIONER (APPEAL-VI) INLAND REVENUE Sindh High Court, KarachiTopic: Income Tax Ordinance, 2001
[SHC Citation: 2024- SHC-KHI - 223077 ]Section 24A of General Clauses Act, 1897; Orders without assigning reasons; liable to be set aside;Read more
Matter:-INCOME TAX
35 . H.C.A 61/2024 Furqan Ahmed Shaikh V/S Province of Sindh & Others Sindh High Court, Karachi
Matter:-AGAINST ORDER
36 . H.C.A 504/2024 Inchauli Cooperative Housing Society Ltd Karachi V/S Province of Sindh & Others Sindh High Court, Karachi
Matter:-AGAINST ORDER
37 . H.C.A 503/2024 Summaya Rehman and Others V/S Khalid Inam & Others Sindh High Court, Karachi
Matter:-AGAINST ORDER
38 . H.C.A 491/2024 Qaiser Saleem and Others V/S Mian Aftab Iqbal and Others Sindh High Court, Karachi
Matter:-AGAINST ORDER
39 . Spl.H.C.A 258/2024 Bank Islami Pakistan Limited V/S Mst. Farah Ansari & Others Sindh High Court, Karachi
Matter:-AGAINST ORDER
40 . II.A. 40/2019 Wapda and another V/S Kadir Bakhsh and another Sindh High Court, Karachi [SHC Citation: 2024- SHC-KHI - 222979 ]
Matter:-AGAINST THE JUDGEMENT
41 . Cr.Bail 2483/2024 MUHAMMAD FAROOQ S/O ADUL WAHEED V/S THE STATE Sindh High Court, Karachi [SHC Citation: 2024- SHC-KHI - 223013 ]Bail can be denied in cases involving fraud, forgery, cheating, and criminal conspiracy if the prosecution can establish a strong prima facie case against the accused. In the present case, the learned counsel for the applicant has been unable to explain why the applicant has been a beneficiary of Rs. 2200,000/- credited into his account No. 1286-0221929371001739 from the account of his brother Abdul Latif Sheikh (co-accused). The learned counsel although submitted the said payment was the internal transaction between two brothers i.e. Abdul Latif and the applicant, yet remained unable to explain the nature of the said transaction.Read more
Matter:-BAIL AFTER ARREST
42 . Criminal Appeal 471/2024 The State/ANF through Assistant Director (Law) V/S Sheikh Kaiser Waheed & another Sindh High Court, Karachi [SHC Citation: 2024- SHC-KHI - 223015 ]Coming to the rule position of the case, Rule 22.16 of the Police Rules, 1934, outlines the procedures for handling case property, Police must seize relevant items and mark them with details of the case and the person from whom they were seized. Seized items must be stored securely until further legal action. Items connected with cases sent for trial or suspicious/unclaimed items ordered by a Magistrate must be submitted to headquarters or outposts. Detained material must be presented to a Magistrate for early disposal or release on security. The Police Rules require that case property be stored in the Malkhana and recorded in Register No. XIX. The police and prosecution are responsible for ensuring the safe custody of the property, including its secure transportation to laboratories for analysis. This procedure guarantees the integrity of the case property until it is presented in court.Read more
Matter:-AGAINST THE ORDER
43 . Const. P. 6807/2015 Imam Bux V/S M/s Sea Board Service Sindh High Court, Karachi [SHC Citation: 2024- SHC-KHI - 223021 ]Primarily, resignation is characteristically the voluntary surrender of a position by the one resigning, made freely and not under duress, here petitioner moved an application to the competent authority of the respondent company for withdrawal of his resignation on 07.08.2004, however before the subject application, the respondent company accepted the resignation of the petitioner on 10.07.2004 (page No. 305 of memo of petition) and it was accepted, but the petitioner remained mum and waited for 27 days to move the application to the respondent company for withdrawal of resignation. Prima facie, the petitioner was/is responsible for such delay, failure thereof, and the respondent company could not be held responsible.Read more
Matter:-AGAINST THE ORDER
44 . Criminal Appeal 815/2024 THE STATE / ANF V/S MUHAMMAD JAVEED Sindh High Court, Karachi [SHC Citation: 2024- SHC-KHI - 223019 ]The prosecution wanted to summon PW HC Muhammad Naeem Moharrar of Malkhana In-charge to re-examine him about handing over the sample parcel to the parcel witness. The trial court denied the request, on the premise that he was already examined on oath and his cross-examination had been conducted and now the prosecution wants to fill the lacuna. The reasoning of the learned trial court is justiciable for the simple reason that PW 4 Muhammad Naeem had already been examined by the trial court on 14.11.2024, in which he deposed clearly and produced certain documents and he was cross-examined by the defense.Read more
Matter:-AGAINST THE ORDER
45 . H.C.A 323/2024 Muhammad Qutub-ul-Arefeen and Others V/S Muhammad Younus Qureshi and Others Sindh High Court, KarachiTopic: Civil Procedure Code CPC (12 (2) CPC)
[SHC Citation: 2024- SHC-KHI - 222921 ]Court documents relied on Suit "Alpha" to evidence fraud played in Suit "Beta" and required no further inquiry on the part of the Court deciding Section 12(2) CPC proceedings. Appeal dismissed.Read more
Matter:-AGAINST ORDER
46 . E.P 3/2024 FAUZIA SIDDIQUI V/S ELECTION COMMISSION OF PAK & OTHERS Sindh High Court, KarachiFailure to file the affidavit of service. Petition rejected.Read more
Matter:-ELECTION MATTER
47 . I.T.R.A 274/2024 MUKESH KUMAR V/S APPELLATE TRIBUNAL INLAND REVENUE & OTHERS Sindh High Court, KarachiTopic: Income Tax Ordinance, 2001
[SHC Citation: 2024- SHC-KHI - 222915 ]No Reference Application is maintainable against dismissal of Rectification Application.Read more
Matter:-INCOME TAX
48 . E.P 30/2024 MUHAMMAD ALAMGIR KHAN V/S ECP AND OTHERS Sindh High Court, Karachi [SHC Citation: 2024- SHC-KHI - 222917 ]Failure to join a contesting candidate ??? effect. Non-compliance of section 68 Election ??? effect.Read more
Matter:-ELECTION MATTER
49 . Cr.Acq.A. 738/2024 TAHREEM FATIMA W/O RAHAT HUSSAIN V/S IMTIAZ AHMED & ORS Sindh High Court, KarachiThe case pertains to abandoned properties in Sindh, focusing on encroachments, litigation, and asset management, with directives for detailed reports and corrective actionsRead more
Matter:-AGAINST THE ORDER
50 . Suit 1350/2023 M/S. SARDAR MOHAMMAD ASHRAF D. BALUCH (PVT.) LTD. V/S M/S. ZEAL PAK CEMENT FACTORY LTD. Sindh High Court, KarachiPer Order 23 rule 3 CPC, a suit ought not to be mechanically decreed. Tenability of the suit may be ascertained by the Court at the onset.Read more
Matter:-RECOVERY
51 . E.P 20/2024 Aftab Jahangir V/S Election Commission of Pakistan & Others Sindh High Court, KarachiAffidavit of service filed after limitation does not cure non-compliance of section 145(2) of Election Act. Petition rejected.Read more
Matter:-ELECTION MATTER
52 . Const. P. 1590/2023 Attock Cement Pakistan Ltd and another V/S Fed. of Pakistan and Others Sindh High Court, KarachiTopic: The Constitution (26th Amendment) Act, 2024 (Article 199 & 202A - Constitutional High Court Powers & Constitutional Benches Roster)
[SHC Citation: 2024- SHC-KHI - 222799 ]High Court Roster Assignments in terms of Article 175 and 202ARead more
Matter:-AGAINST DECISION
53 . H.C.A 492/2024 M/s. Kababjees Group V/S Province of Sindh and Others Sindh High Court, KarachiTopic: Civil Procedure Code CPC (Order VII Rule 10)
[SHC Citation: 2024- SHC-KHI - 222909 ]Essential documents to build a case that an "Association of Person" (AoP) is a legal personRead more
Matter:-AGAINST ORDER
54 . Criminal Appeal 208/2023 QAMBAR S/O KHAIR MUHAMMAD V/S THE STATE Sindh High Court, Karachi [SHC Citation: 2024- SHC-KHI - 222821 ]We have noticed that the sample of purported narcotics was received by the chemical analyzer on January 5, 2022, from the I.O of Gulbahar Police Station, though the alleged recovery was made on December 30, 2021. The sample must be sent to the lab within 72 hours of seizure. All items in the police station's storeroom must be recorded in Register No. XIX. In the present case, the prosecution failed to send the drug sample to the lab within 72 hours as required by the law. The prosecution has not provided a valid reason for the 6-day delay. The issue raised has created reasonable doubt, but the lower courts failed to consider this aspect of the case in favor of the appellant. On the aforesaid proposition, we are guided by the decisions of the Supreme Court in the cases of Asif Ali v The State 2024 SCMR 1408, Muhammad Hazir v The State 2023 SCMR 986, Qaiser & another v The State 2022 SCMR 1641.Read more
Matter:-IMPRISONMENT ABOVE 7 YEARS
55 . Spl. Cus. Ref. A. 530/2022 M/s. JW SEZ (Pvt) Ltd, Lahore V/S The Dir. Direct. of Post Clearance Audit (South), Sindh High Court, Karachi [SHC Citation: 2024- SHC-KHI - 222905 ]
Matter:-CUSTOM MATTER
56 . R.A (Civil Revision) 135/2022 Abdul Sami Kehar V/S Amanullah Dasti & others Sindh High Court, Circuit at Larkana [SHC Citation: 2024- SHC-LRK - 222715 ]Suit for Specific Performance of Contract: Oral Agreements: Detailed Proof Required in Legal ClaimsDiscussion: Proving an oral agreement to sell requires the plaintiff to specify the date, time, place, and witnesses, outline all terms, and explain the lack of written documentation. Inconsistent witness testimonies and missing details can undermine the claim's credibility, emphasizing the need for thorough evidence and precise articulation.Read more
Matter:-Against Order
57 . Const. P. 4850/2024 Muhammad Shabbir Ahmed & Ors V/S Province of Sindh & Others Sindh High Court, KarachiTopic: CONSTITUTION OF PAKISTAN, 1973 (Discrepancies in MDCAT Test)
[SHC Citation: 2024- SHC-KHI - 222187 ]In response to substantiated allegations of paper leakage in the MDCAT 2024, the High Court of Sindh ordered a retake of the exam, emphasizing the necessity of strict security measures to ensure fairness and transparency in educational testing, thereby upholding constitutional rights and maintaining educational integrity.Read more
Matter:-Result / Admission (MD-CAT)
58 . Const. P. 5865/2024 Mst. Mehwish & Another V/S Province of Sindh & Others Sindh High Court, Karachi [SHC Citation: 2024- SHC-KHI - 222651 ]Primarily, this is a free and democratic country, and once a person becomes a major he or she can marry whosoever he/she likes; if the parents of the boy or girl do not approve of such inter-caste or interreligious marriage the maximum they can do is they can cut off social relations with the son or the daughter, but they cannot give threats or commit or instigate for acts of violence and cannot harass the person who undergoes such inter-caste or inter-religious marriage. We, therefore, direct that the administration/police authorities will see, if any boy or girl who is major undergoes inter-caste or inter-religious marriage with a woman or man who is a major, the couple is neither harassed by anyone nor subjected to threats or acts of violence and anyone who gives such threats or harasses or commits acts of violence either himself or at his instigation, is taken to task by instituting criminal proceedings by the police against such persons and further stern action is taken against such person(s) as provided by law. However, the above observation is without prejudice to the legal rights of the parties, arising out of the underage issue if any, pending before the competent court of law.Read more
Matter:-QUASHMENT OF F.I.R / FREE-WILL
59 . Const. P. 5309/2024 Sidra & Another V/S The State and Others Sindh High Court, Karachi [SHC Citation: 2024- SHC-KHI - 222647 ]In view of the statement of the parties, coupled with the report of the Investigation officer to the effect that the case has been recommended for C Class, therefore, the proceedings arising out of FIR No. 536 of 2024 registered for offenses under section 365-B, PPC needs to be quashed. The request seems to be reasonable and acceded to, however, such order shall be passed by the Magistrate on the report submitted under section 173 Cr. P.C. within one week. 6. In view of the above, this Constitutional Petition is disposed ofRead more
Matter:-QUASHMENT OF F.I.R / FREE-WILL
60 . Criminal Miscelleneous 734/2022 MUHAMMAD ANWAR S/O MURTAZA V/S THE STATE & ANOTHER Sindh High Court, Karachi [SHC Citation: 2024- SHC-KHI - 222697 ]Primarily, seized vehicles can generally be released during criminal trials. However, under the CNSA, vehicle release during drug offense trials is restricted. Only the lawful owner, who was/is unaware of the intended crime and has no connection to the accused, can seek release on Superdari. The prosecution must prove the owner's knowledge during the trial. The court can grant interim release if satisfied with the owner's claim and lack of association with the crime. To prevent the registration of crime-involved vehicles, the Supreme Court in the case of Amjad Ali Khan Vs the State vide order dated 13.03.2020, considered amending the Motor Vehicle Ordinance (MVO) and its rules. Additionally, develop an online verification system for vehicle crime history, require a No Objection Certificate from the police or an affidavit from the transferor/transferee at the time of registration.Read more
Matter:-AGAINST THE ORDER
61 . Const. P. 5293/2024 Mst. Rabia and Another V/S Province of Sindh & Others Sindh High Court, Karachi [SHC Citation: 2024- SHC-KHI - 222649 ]In view of the statement of the parties, coupled with the report of the Investigation officer to the effect that the case has been recommended for C Class, therefore, the proceedings arising out of FIR No. 536 of 2024 registered for offenses under section 365-B, PPC needs to be quashed. The request seems to be reasonable and acceded to, however, such order shall be passed by the Magistrate on the report submitted under section 173 Cr. P.C. within one week. 6. In view of the above, this Constitutional Petition is disposed ofRead more
Matter:-QUASHMENT OF F.I.R / FREE-WILL
62 . Const. P. 3461/2024 Zulfiqar Ahmed V/S Province of Sindh & Others Sindh High Court, Karachi [SHC Citation: 2024- SHC-KHI - 222605 ]The Court directs the Province of Sindh to investigate why the Sindh Land Alienation Bill of 1947 was not assented to despite assembly approval, examine the status of mortgaged properties from 1917 to 1947, and preserve the historical context of partition through archival records. A detailed report on these investigations is to be submitted within six months.Read more
Matter:-Land Matters
63 . Const. P. 5968/2024 Muhammad Kashif V/S Muhammad Amir and Others Sindh High Court, KarachiNo proof of fraud or misrepresentation. Petition dismissed.Read more
Matter:-AGAINST ORDER OF CIVIL REVISION (CR)
64 . Const. P. 159/2022 Ghaffar Ahmed @ Javed Ghaffar V/S Mst Anam Rehan & Others Sindh High Court, Bench at Sukkur
Matter:-Rent Matter
65 . E.P 25/2024 Usman Ghani s/o Yaqoob Hingoro V/S Election Commission of Pakistan and others Sindh High Court, Karachi [SHC Citation: 2024- SHC-KHI - 222531 ]Restoration of Election Petition, allowed.Read more
Matter:-ELECTION MATTER
66 . H.C.A 248/2024 Raja Hafeez Khan V/S Karachi Development Authority & others Sindh High Court, Karachi [SHC Citation: 2024- SHC-KHI - 222577 ]
Matter:-AGAINST ORDER
67 . Const. P. 2646/2024 Shahid Hussain and Others V/S M/s PEMRA and Others Sindh High Court, KarachiTopic: PEMRA Ordinance, 2002 (Code of Conduct - 2015 - Court Reporters), Civil Procedure Code CPC (Order XLVII Rule 1)
[SHC Citation: 2024- SHC-KHI - 222527 ]PEMRA's impugned directive was declared illegal and out of sync with PEMRA laws. Exercise of judicial restraint. Where two options are available to the Constitutional Court one on constitutional ground and the other ground of statutory construction, Court may opt for the latter option. Petition allowed. REMARKS EXPUNGED - COSTS IMPOSED REDUCED - Order dated 11 December 2024Read more
Matter:-AGAINST NOTIFICATION
68 . Const. P. 2802/2024 Pakistan Federal Union of Journalist V/S Fed. of Pakistan and Others Sindh High Court, KarachiTopic: PEMRA Ordinance, 2002 (Code of Conduct - 2015 - Court Reporters)
[SHC Citation: 2024- SHC-KHI - 222529 ]PEMRA's impugned directive was declared illegal and out of sync with PEMRA laws. Exercise of judicial restraint. Where two options are available to the Constitutional Court one on constitutional ground and the other ground of statutory construction, Court may opt for the latter option. Petition allowed.Read more
Matter:-AGAINST BAN
69 . H.C.A 177/2019 Nazar Mohammad Bozdar V/S Muhammad Ishrat & others Sindh High Court, Karachi [SHC Citation: 2024- SHC-KHI - 222555 ]Section 5(3) of the Contempt of Court Ordinance, 2003 also states that ???In the case of a contempt having been committed, or alleged to have been committed, by a company, the responsibility thereof shall extend to the persons in the company, directly or indirectly, responsible for the same, who shall also be liable to be punished accordingly.??? Therefore, in our view, before the matter could be fixed for framing charge, there had to be some discussion as to which of the alleged contemnors was prima facie responsible. It is the case of some of the Appellants that they were posted to SITE for brief periods and could not be held responsible for acts committed before or after their posting, which aspect has not been considered in the impugned order.Read more
Matter:-RECOVERY OF AMOUNT / DAMAGES
70 . H.C.A 303/2024 Syed Shah Rafiuddin V/S Shah Abdul Raheem & Others Sindh High Court, KarachiLimitation for summary suit.Read more
Matter:-AGAINST ORDER
71 . Const. P. 4913/2024 Shahzad Sultan V/S Governor State Bank of Pakistan and Others Sindh High Court, KarachiNo writ can issue to a Bank.Read more
Matter:-DIRECTION
72 . Cr.Bail 2426/2024 MUHAMMAD AUQIB AKBAR V/S THE STATE Sindh High Court, Karachi [SHC Citation: 2024- SHC-KHI - 222819 ]Hence, because of what has been discussed above, in our tentative opinion, the trial Court has to see whether Sections 409 and 477-A PPC are attractive or otherwise and the application of the same would be resolved by the Trial Court after recording the evidence. 14. The question is whether bail can be granted during investigation, primarily, post-arrest bail can be granted during an investigation if there are no reasonable grounds to believe the accused committed the crime, or if the trial is delayed beyond the prescribed period. 15. For the forgoing reasons, applicant Muhammad Aquib Akbar son of Abdul Shakoor is admitted on post-arrest bail in Crime No.60 of 2024, under Section 409/420/468/471/477-A/109/34 PPC registered at PS FIA Crime Circle, Hyderabad, subject to furnishing solvent surety in the sum of Rs.2,00,000/- [Rupees two lac only] and PR Bond in the like amount to the satisfaction of the learned trial court.Read more
Matter:-BAIL AFTER ARREST
73 . Const. P. 5497/2024 Muhammad Naseer Rais V/S Province of Sindh & Others Sindh High Court, Karachi [SHC Citation: 2024- SHC-KHI - 222599 ]Principally, Courts should avoid pejorative remarks against non-parties and unjust criticism of parties, vilifying them should also be avoided. Judges can criticize relevant matters and witnesses but should avoid criticizing those in official positions without valid justification that is subject to jurisdiction. A presiding officer of the Court must give a person the opportunity to explain condemnatory facts before criticizing him/her. This is especially important for public servants, who should be given a chance to defend themselves before being criticized. Criticizing someone without giving them a chance to respond is unfair and may be considered outside the judge's jurisdiction. Judges must be independent, but also fair and restrained. They should only criticize people if they have a chance to defend themselves if there is evidence to support the criticism, and if it is necessary for the case. Judicial pronouncements should be sober, moderate, and reserved. On the aforesaid proposition, we are guided by the decisions of the Supreme Court in the cases of Nusrat Yasmin v. Registrar, PHC,(PLD 2019 SC 719) and Aijaz Ahmed v. State. (PLD 2021 SC 752).Read more
Matter:-AGAINST THE ORDER
74 . Const. P. 5578/2023 Nutrico Morinaga Pvt Ltd &Others V/S Province of Sindh & Others Sindh High Court, KarachiTopic: Child Nutrition Act,2023
[SHC Citation: 2024- SHC-KHI - 222997 ]Article 116 of the Constitution' Governor cannot retain a Bill beyond 10 days; either has to return it with objections, and if not, there shall be "deemed assent" and will become an ACT of the Provincial Assembly.Read more
Matter:-AGAINST ACT
75 . Const. P. 3062/2020 Sabre Travel Network Pakistan V/S Pakistan and Others Sindh High Court, KarachiTopic: CONSTITUTION OF PAKISTAN, 1973 (Article 260), Income Tax Ordinance, 2001 (Section 74, 112, 114, 120 and 122)
[SHC Citation: 2024- SHC-KHI - 222361 ]No order could be passed even if the show-cause notice is issued on the last day when limitation ends, as essentially the "order" could not be passed after expiry of five years.Read more
Matter:-INCOME TAX
76 . Const. P. 1619/2024 Mst Fiza and another V/S Province of Sindh & Others Sindh High Court, Circuit at HyderabadQuashment RefusedRead more
Matter:-Quashment of F.I.R.
77 . Cr.Rev 271/2022 BASHEER AHMED SODHAR S/O BAKSHAL V/S THE STATE & ORS Sindh High Court, Karachi [SHC Citation: 2024- SHC-KHI - 222817 ]Coming to the main issue, the offenses under the Sindh Public Property (Removal of Encroachment) Act, 2010, are cognizable. This means that the police have the authority to arrest the accused without a warrant and investigate the case further, which provision of the law ought to have been invoked by the Police, however, they rather preferred to invoke the jurisdiction of ATC on the purported plea that revenue officials were deterred from their duties with terror charges, but it is yet to be determined by the court whether sections 6, 7, and 8 of the Anti-Terrorism Act, 1997 were/are attracted or otherwise as the contents of F.I.R, prima facie show the allegations of general nature as such these offenses of PPC could be tried by the ordinary/regular court rather than the special court, in terms of the ratio of the judgment rendered by the Supreme Court in the case of Ghulam Hussain case, just on the plea of Mukhtiarkar and Police to the effect that injury was caused to them; however, the police report lacks a medical certificate required to charge the accused under section 337-A (i) PPC. Besides it is unclear whether the official intended to remove encroachment from public or private land. A regular court should determine this aspect of the case after framing the charge, and transfer the case if necessary under the law for the reason that Section 23 of the Anti-Terrorism Act, 1997 allows for the transfer of a case from an Anti-Terrorism Court (ATC) to an ordinary court.Read more
Matter:-AGAINST THE ORDER
78 . Const. P. 5990/2023 Syed Mehmood Jaffer Zaidi V/S Fed. of Pakistan and Others Sindh High Court, Karachi [SHC Citation: 2024- SHC-KHI - 222357 ]National Bank of Pakistan (Staff) Rules, 1973 do not sanction an indefinite demotion. Writ is maintainable against NBP.Read more
Matter:-SERVICE
79 . Spl.Anti.Ter.A. 23/2024 AMEERULLAH S/O MASTA JAN V/S THE STATE Sindh High Court, Karachi [SHC Citation: 2024- SHC-KHI - 223323 ]It was incumbent upon the police to associate some independent/private persons; and just saying that no one was available at the spot is not sufficient thus testimony of police officials in this regard in given circumstances, cannot be safely relied upon to maintain conviction against the appellant. For extending the benefit of the doubt to an accused, there do not need to be multiple circumstances creating doubt, if there is a single circumstance which creates reasonable doubt in a prudent mind about the guilt of accused, he will be entitled to such benefit. Once it was established on record that the Appellant did not commit an offense punishable under the Anti-Terrorism Act, 1997, the provisions pertaining to the exclusion of Section 103 of the Code of Criminal Procedure (Cr.P.C.), as referenced above, become inapplicable to the present case, where no conviction has been rendered under the ATA, 1997.Read more
Matter:-IMPRISONMENT UPTO 7 YEARS
80 . R.A (Civil Revision) 13/2024 Abdul Ghafar Chann V/S Bashir Ahmed Chann and Others Sindh High Court, Circuit at Larkana [SHC Citation: 2024- SHC-LRK - 222521 ](1) The suit's compliance with Sections 8 and 9 of the Specific Relief Act, 1877, hinges on whether the respondents can substantiate their rightful possession and unlawful dispossession claims. (2)pari delicto principle prevents either party from benefiting due to equal fault, barring exceptional third-party claims.Read more
Matter:-Impugned Judgement
81 . Const. P. 6249/2022 Ayaz Ali and Others V/S Fed. of Pakistan and Others Sindh High Court, Karachi [SHC Citation: 2024- SHC-KHI - 222359 ]NBP, being a statutory corporation, is amenable to the writ jurisdiction of the High Courts under Article 199 of the Constitution. (ii). Reserving employment for the progeny and widows of deceased employees without subjecting them to open competition is inherently exclusionary and prejudices the rights of other qualified citizens. Moreover, Article 18 of the Constitution reinforces the emphasis on merit-based appointments by guaranteeing every citizen the right to enter any lawful profession.Read more
Matter:-DECEASED QUOTA
82 . Cr.Bail 372/2024 Rustam Magsi V/S The State Sindh High Court, Circuit at LarkanaDiscussion on Article 38 & 39 of QSO.Read more
Matter:-BAIL BEFORE ARREST
83 . Suit 2003/2022 TIME PRESS (PVT) LTD V/S SUI SOUTHERN GAS COMPANY LIMITED & OTHERS Sindh High Court, KarachiTopic: Gas (Theft, Control and Recoverey) Act, 2016 (Order VII Rule XI CPC)
[SHC Citation: 2024- SHC-KHI - 222159 ]Gas (Theft Control and Recovery) Act 2016 designates the fora for pertinent prosecution, adjudication and matters ancillary and related thereto; plaint rejected.Read more
Matter:-Others
84 . Cr.Rev 186/2024 RASHID GHAZI S/O GHULAM QADIR V/S THE STATE Sindh High Court, Karachi [SHC Citation: 2024- SHC-KHI - 222645 ]The law allows joint trials/charges for offenses linked by time, place, or motive. The wisdom behind joinder of charges is to avoid conflicting decisions, minimize witness burden, and save court time by combining related offenses into a single trial. Additionally, the "same transaction" test, requiring continuity, intent, and shared design, is crucial. It is important to note that the court while trying any offense under the law as a special court may also try any other offense which an accused may, under the Cr. PC be charged, at the same trial if the offense is connected with such other offense. If in the course of any trial under the law of any scheduled offense, it is found that the accused person had committed, in addition, any other offense connected with the scheduled offense, the special court may pass the order for such other offense as authorized by the law or as the case may be such other law. To understand the Anti-Terrorism Act, 1997 (ATA), we first examined its legislative intent as expressed in the preamble, which for convenience sake is referred to here under:- ??? whereas it is expedient to provide for the prevention of terrorism, sectarian violence and for speedy trial of heinous offenses and for matters connected therewith and incidental thereto.???Read more
Matter:-AGAINST THE ORDER
85 . Cr.Rev 100/2022 ASKARI BANK LIMITED V/S MUHAMMAD FAROOQ & ANOTHER Sindh High Court, Karachi [SHC Citation: 2024- SHC-KHI - 222597 ]It is settled law that when the criminal charges depend on the outcome of the civil cases, proceeding with the criminal case before the civil cases are resolved could potentially harm the accused. Additionally, the amount owed, which is a crucial element in the criminal case, can only be determined in the civil court, and the criminal court is divested from such determination. 19. To establish criminal liability under these sections, it would be necessary to demonstrate that the accused has defaulted on a financial obligation to the bank and has failed to repay the amount due. The specific nature of the breached obligations and representations would need to be examined to determine whether they directly relate to the accused's financial obligations to the bank and whether they constitute a criminal offense under the FIO. Mere breach of a contract or civil obligation, without more, may not necessarily constitute a criminal offense. The prosecution would need to prove that the accused's actions were intentional, dishonest, or fraudulent and that caused significant financial loss to the bank. Additionally, the bank cannot unilaterally determine the amount owed and initiate criminal proceedings as such a proper judicial process is necessary to establish liability and debt amount before criminal charges can be pursued.Read more
Matter:-AGAINST THE ORDER
86 . Criminal Appeal 85/2021 Dilshad Mahar V/S The State Sindh High Court, Circuit at Larkana [SHC Citation: 2024- SHC-LRK - 223506 ]
Matter:-Against Order of Trial Court(Above 7 Years)
87 . Const. P. 5025/2019 Khan Zadi V/S Govt. of Sindh & Others Sindh High Court, KarachiDigital records under Rule 22.79 of Police Rules, 1934 ensure accountability and help trace missing persons and unidentified bodies. Compliance measures aim to modernize investigation and facilitate recovery efficiently.Read more
Matter:-MISSING PERSONS
88 . Const. P. 1485/2024 Ali Gul V/S Home Secretary & Others Sindh High Court, KarachiTopic: Habeas Corpus U/S 491 for wrongful Confinement
[SHC Citation: 2024- SHC-KHI - 222247 ]Section 491 of the Cr.P.C. empowers the High Court to issue writs of habeas corpus, which are used to challenge the legality of a person's detention. It provides a remedy for those who believe they are being unlawfully detained, whether by the government or private individuals. The primary purpose of Section 491 Cr.P.C is to ensure that the person is detained under due process of law. And the detention is not based on whim or caprice. Before parting with this order it is directed that the Police officials shall endeavor to contact with detenue and allows her to meet with her father/petitioner and ensure no harm is caused to her by either party and if any harassment is caused to her by any of the parties the police shall act swiftly. In view of the statement of the Investigating officer, no case of illegal detention is made out and the purpose of filing the instant petition under Article 199 read with section 491 Cr. P.C. has been served; therefore, the same stands disposed of.Read more
Matter:-DETENTION
89 . Const. P. 5736/2024 M/s Meezan Tea Pvt Ltd V/S Fed. of Pakistan and Others Sindh High Court, Karachi [SHC Citation: 2024- SHC-KHI - 222239 ]The Supreme Court in the case of Ghulam Sarwar Zardari vs. Piyar Ali alias Piyaro and another (2010 SCMR 624) has laid down that the High Court can intervene under Article 199 of the Constitution to correct mala fide or beyond-jurisdiction investigations by authorities. As such this Court can quash an FIR but not necessarily an investigation at its preliminary stage. Let the investigation be carried out and the result whereof shall be submitted to the competent court for appropriate orders within one month. 8. In view of the above facts and circumstances of the case, no case for interference in the investigation, under article 199 of the Constitution of the Islamic Republic of Pakistan is made at this stage. This petition is dismissed in limine.Read more
Matter:-QUASHEMENT OF F.I.R.
90 . Spl.Anti.T.Acq.A 153/2022 THE STATE THROUGH P.G SINDH V/S SYED UMAR KAMAL Sindh High Court, Karachi [SHC Citation: 2024- SHC-KHI - 222127 ]It is a well-settled principle of law that where the direct evidence fails the corroborative piece(s) of evidence will be of no help to the prosecution as portrayed by the learned APG. Reliance can be made to the case of ???Abid Ali & 2 others 2011 SCMR 208??? wherein it was held:- ???Although where the ocular account has been disbelieved the recovered articles which are carrying corroborative value cannot substantiate the charge against the appellants because, in the absence of direct evidence, corroborative evidence by itself cannot bring home the charge of murder against the appellants.???Read more
Matter:-AGAINST ORDER
91 . Const. P. 6009/2022 Jamil Ahmed V/S Province of Sindh & Others Sindh High Court, Karachi [SHC Citation: 2024- SHC-KHI - 222243 ]The main issue involved in the present proceedings is about encashing LPR after retirement. The rules state that LPR must be applied for before retirement. The petitioner retired on 26 October 2016 and applied for LPR encashment later in the year 2002 after 8 years. The petitioner cited cases of his colleagues where the department allowed LPR enchament post-retirement, after a considerable period, when confronted with this position to the respondents, however, this fat was admitted by the department???s representative present I court and sought remittance of this case to the competent authority of the department concerned. 7. Both parties after arguing the matter at some length agreed to dispose of the case, directing the Chief Secretary Sindh who shall constitute a committee headed by him and co-opted by Secretary Finance, Secretary School Education Department, government of Sindh assisted by Regulation wing S&GAD to address the disparity issue and decide the matter, including the petitioner???s requests as made in the memo of the petition within one month after providing meaningful hearing to the parties.Read more
Matter:-PENSION
92 . I. A 5/2022 Prof. Dr. Kheo Ram V/S M/s. Changan Mehran Motors & another Sindh High Court, Circuit at Larkana [SHC Citation: 2024- SHC-LRK - 222337 ](1) The Consumer Court improperly used its powers under the Code of Civil Procedure, given the matter was a complaint and not a plaint.(2)Consumer Court's Authority under Section 36 of the 2014 Act overlooks proper use of Order VII Rule 11 C.P.C.(3)Meticulous analysis of Section 29 of the Consumer Protection Act of 2014 confirms timeliness of the Appellant's Complaint. (4) The key requirement of establishing consumer status is to invoke the jurisdiction of the Consumer Court.Read more
Matter:-Against Order
93 . Const. P. 2230/2024 Hina Ather V/S Province of Sindh & Others Sindh High Court, Karachicase pertains to an examination of numerous FIRs filed by advocates against clients and third parties in Sindh, prompting judicial intervention to direct the Sindh Bar Council and the IGP to investigate and regulate these actions to uphold legal and ethical standards.Read more
Matter:-MISSING PERSONS
94 . Spl.H.C.A 320/2024 Zahida Ashraf and Others V/S The Bank of Punjab Limited Sindh High Court, KarachiTopic: Financial Institutions (Recovery of Finances) Ordinance, 2001 (Financial Institutions (Recovery of Finances) Rules, 2018)
[SHC Citation: 2024- SHC-KHI - 221979 ]Appellant-Customer/Borrower, without any documentary evidence to support its objections, attempted to challenge the mode, method and conduct of ongoing auction proceedings for the sale of mortgaged properties without the intervention of the Court after passing of a decree under Section 19 of FIO, 2001. Appeals dismissed.Read more
Matter:-AGAINST ORDER
95 . Cr.Misc. 473/2023 THE STATE THROUGH P.G SINDH V/S MUHAMMAD AKBAR CHANDIO & ORS Sindh High Court, Karachi
Matter:-AGAINST ORDER
96 . Spl. Cus. Ref. A. 213/2024 Director, Directorat Gen., Int.& Inv (Custom) Hyd. V/S Muhammad Sabir S/o Muhammad Yousaf & another Sindh High Court, KarachiTopic: Custom Act, 1969 (Clause 89(i) of section 156(1))
[SHC Citation: 2024- SHC-KHI - 221947 ]Burden of proof under section 187 Customs Act.Read more
Matter:-CUSTOM MATTER
97 . Criminal Miscelleneous 639/2022 KARIM BUX JOKHIO @ JAVED & ORS V/S THE STATE & ORS Sindh High Court, KarachiTopic: Application under section 561-A Cr.PC (Return of final report U/S 173 Cr.P.C to investigation officer for placing before special court )
[SHC Citation: 2024- SHC-KHI - 221963 ]We have noticed that the Judicial Magistrate has been conferred with wide powers to take cognizance of an offense not only when he receives information about the commission of offense from a third person but also when he has knowledge or even suspicion that the offense has been committed. The Magistrate has the power to independently review a police report, even if it concludes that no offense was committed. They can disagree with the police's opinion and take cognizance of the offense, ordering further investigation or issuing process to the accused. The Magistrate's decision is based on their assessment of the facts, not solely on the police's opinion. The terms "charge sheet" and "final report" are not formally defined in the Code. However, they are commonly used in police rules to refer to reports filed under Section 170 Cr.P.C. Reports filed under Section 169, where there's insufficient evidence, are often termed "referred charge," "final report," or "summary." 16. In view of the above we, therefore, dispose of these Criminal Miscellaneous Applications along with the pending application(s), with direction to the trial court to proceed with the matter, frame the charge, and culminate the Criminal proceedings in its logical conclusion within a reasonable time.Read more
Matter:-AGAINST ORDER
98 . II.A. 2/2024 Fakhrunisa Shahwani V/S Ahsan Anwar & Others Sindh High Court, Bench at Sukkur
Matter:-AGAINST THE ORDER
99 . Suit 424/2006 MRS. SHAMIM BARLAS V/S AL HABIB CO-OP HOUSING SOCIETY & ANOTHE Sindh High Court, Karachi [SHC Citation: 2024- SHC-KHI - 222227 ]Jurisdiction of Special Court for Cooperative Societies under the Sindh Cooperative Societies Act, 2020 and the application of Section 115 of the Sindh Cooperative Societies Act, 2020Read more
Matter:-RECOVERY
100 . Const. P. 4296/2024 Nazeer Ahmed V/S Province of Sindh & Others Sindh High Court, KarachiTopic: Exhumation of dead body under section 176(2) Cr.P.C
[SHC Citation: 2024- SHC-KHI - 221733 ]To apply for exhumation of the dead body under Section 176(2) of the Code a Magistrate's satisfaction that exhumation is necessary to determine the cause of death. This discretion should be exercised cautiously, even if the request comes from a stranger, as long as reasonable circumstances or suspicion exists. The purpose is to initiate criminal proceedings if necessary. Close relatives may be involved in homicides, so their objections alone should not be a barrier to disinterment if other circumstances warrant it. The case of Muhammad Ramzan and others v. The State and another (1987 SCMR 272) supports disinterment even after a year to determine the cause of death. 8. Primarily, the father has the right to know his loved one's true cause of death. As the Supreme Court upheld in Ameer Afzal Baig v. Ahsan Ullah Baig, disinterment orders based on suspicion are valid. Even after burial, the right to investigate the cause of death exists. The law allows such requests, even from strangers to ensure proper investigation and to satisfy concerns about potential foul play.Read more
Matter:-MEDICAL BOARD
101 . Const. P. 5370/2024 Abid Khan and Others V/S Fed. of Pakistan and Others Sindh High Court, Karachi [SHC Citation: 2024- SHC-KHI - 221735 ]The Supreme Court in the case of Muhammad Khalid v. National Accountability Bureau (2017 SCMR 1340) has provided certain guidelines which need to be adhered to by the F.I.A. while probing the cases against the Housing Societies. 6. This Court, while exercising discretionary power under Article 199, of the Constitution is not an appellate court. Especially when alternative remedies exist under specific statutes and rules, and when the Court???s discretionary powers remain unaffected. However, in the present case question is whether F.I.A. has jurisdiction in Provincial employee cases in terms of the ratio of the judgment passed by the Supreme Court in the case of F.I.A. Vs Syed Hamid Ali ShahRead more
Matter:-AGAINST FALSE F.I.R
102 . Spl. Cus. Ref. A. 1492/2023 The Collector, Collectorate of Customs, Hyderabad V/S Fazal Qadeer S/o Saeed Rehman & others Sindh High Court, KarachiTopic: Custom Act, 1969
[SHC Citation: 2024- SHC-KHI - 221743 ]Customs Tribunal has powers to appoint Commissioner under Section 194(C)(6) of the Customs Act, 1969Read more
Matter:-CUSTOM MATTER
103 . Const. P. 2649/2020 Power Station (Pvt) Ltd V/S NEPRA and Others Sindh High Court, KarachiTopic: Regulation of Generation, Transmission and Distribution of Electric Power Act, 1997 (Determination without reasons - Section 24-A - General Clauses Act 1897)
[SHC Citation: 2024- SHC-KHI - 221795 ]Determination by NEPRA without reasons cannot be sustained. Mere reference to litigation and conclusion does not constitute "reason". Respondent did not deny the date contended by petitioner when it received the copy of determination by NEPRA by TCS courier. The petition was filed within the statutory time for filing an appeal, but the NEPRA Appellate Tribunal, although established, was not functional at material time as per the observation of the Supreme Court of Pakistan. Petition maintainable. Matter remanded to the Authority for denovo proceedings.Read more
Matter:-DIRECTION
104 . R.A (Civil Revision) 15/2020 Ghulam Shabir Noonari and an Other. V/S Ali Sher Sario and Others. Sindh High Court, Circuit at Larkana [SHC Citation: 2024- SHC-LRK - 222303 ](1)Illegality of Foundational Entry (2)Subsequent Transactions Nullified, transactions from foundation entry declared null and void (3) Role of Revenue Officers, emphasis on maintaining accurate records (4) Audi Alteram Partem Principle, applicants afforded opportunity to be heard (5)Lack of jurisdictional infirmity, orders within Revenue hierarchy's authority (6)Discretionary Nature of Declaratory Relief, Court discretion under Section 42 of Specific Relief Act, (7)Lack of Cause of Action, fraudulent entry provides no cause for declaratory suit, (8) Incompetent Suit Dismissal, principle of early dismissal of meritless suits.Read more
Matter:-Against Order
105 . Spl.Cr.Misc 612/2023 USMAN BAJWA S/O JAWED A. BAJWA V/S THE STATE &ORS Sindh High Court, Karachi [SHC Citation: 2024- SHC-KHI - 221699 ]Separate trials of special offences by Special Courts does not attract bar of double jeopardy.Read more
Matter:-QUASHEMENT OF F.I.R.
106 . Const. P. 5484/2024 Muhammad Ashraf Samoon & Another V/S Fed. of Pakistan thru Sect: Sindh High Court, KarachiTopic: The Constitution (26th Amendment) Act, 2024 (Article 239 (5) & (6) - Constitution of Pakistan, 1973)
Matter:-AGAINST AMENDMENT
107 . Cr.Bail 303/2024 Ali Asghar Channa and another V/S The State Sindh High Court, Circuit at LarkanaWhile granting extraordinary relief of pre-arrest bail, even the merits of the case can be touched upon.Read more
Matter:-BAIL BEFORE ARREST
108 . Const. P. 3542/2024 Muhib Ali Unar & another V/S Province of Sindh & Others Sindh High Court, Karachi [SHC Citation: 2024- SHC-KHI - 221739 ]The petitioners, a married couple, were married against their parents' wishes. The wife's family filed a false police report against the husband, leading to fears of his arrest, which is illegal. The petitioners seek legal protection against potential harassment and unlawful demands. The police officers state that a final report has been submitted to the Magistrate for closure of the case. The complainant does not dispute this. The petitioner's lawyer requests that the Magistrate be directed to decide on the final report and that the police protect the petitioners regarding their marriage. The lawyer also requests that the complainant be restrained from harassing the petitioners. 7. The petition is disposed of with a direction to the investigating officer to inform the Magistrate about the Court's order to close the case. The Magistrate will then decide on the in terms of statement of the victim girl, the police must protect the petitioners and ensure they are not harassed. 8. In view of the above, this Constitutional Petition is disposed of.Read more
Matter:-QUASHMENT OF F.I.R / FREE-WILL
109 . Const. P. 5001/2024 Sania Zahra and Another V/S Province of Sindh & Others Sindh High Court, Karachi [SHC Citation: 2024- SHC-KHI - 221731 ]In a landmark 2019 judgment, the Supreme Court of Pakistan in the case of the National Commission on Status of Women v Government of Pakistan PLD 2019 SC 218 declared jirgas illegal, citing violations of international human rights laws and the Constitution of Pakistan. The Supreme Court emphasized the importance of equal protection before the law, due process, and fair trial, rights that are often denied in jirga proceedings. This judgment is a significant step towards upholding women's rights and ensuring that justice is administered through legal channels. It is crucial to continue to monitor the implementation of this decision and to address the social and cultural factors that contribute to the persistence of harmful practices. In this regard, FIR can be lodged against the holding of illegal jirga by the chieftain and all others who participated in the Jirga in violation of the 2019 Supreme Court judgment. This judgment declared the jirga system as illegal and against the fundamental rights of citizens. Law enforcement agencies are obligated to take action against those who organize or participate in such jirgas. Let at the first instance, FIR be lodged by the SSP concerned and bring the culprits into justice without fail. 8. So far as FIR No.412 of 2024 of PS Malir Cantt, District Malir, Karachi registered under Section 365-B PPC is concerned the same is hereby quashed and such summary report be submitted before the concerned Magistrate for disposal of the case. He is directed to take action against all concerned police officials who failed and neglected to perform their duties to curb this menace. 9. The IGP Sindh is directed to take stock of the things and take prompt disciplinary action against all police officials of the concerned district/police station in accordance with the law. 10. In view of the statement of the parties, the private respondents are directed to furnish an indemnity bond of Rs.500,000/- each before the Nazir of this Court for the aforesaid purpose. 11. In view of the above, this Constitutional Petition is disposed of.Read more
Matter:-QUASHMENT OF F.I.R / FREE-WILL
110 . Cr.Bail 487/2024 Mujeeb-Ur-Rehman Jakhrani V/S The State Sindh High Court, Circuit at Larkana [SHC Citation: 2024- SHC-LRK - 223412 ](i). Honour killing is just murder (Qatl-i-Amd), which is forbidden by both the law, religious teachings, and the supreme law of the land. (ii). Killing of a woman on the pretext of honour is un-Islamic, unconstitutional and an offence against the State and society. (ii). Discussion on affidavit of no objection by the complainant side.Read more
Matter:-BAIL BEFORE ARREST
111 . Cr.Bail 469/2024 Muhammad Aalam Bajhi & Ors V/S The State Sindh High Court, Circuit at LarkanaGranting bail must be favourably considered and should only be declined in exceptional cases.Read more
Matter:-BAIL BEFORE ARREST
112 . Cr.Bail 71/2024 Anoop Kumar V/S The State & Others Sindh High Court, Circuit at HyderabadTopic: Criminal Pre Arrest Bail (Loss to the government exchequers )
[SHC Citation: 2024- SHC-HYD - 221687 ]NAB MattersRead more
Matter:-BAIL BEFORE ARREST
113 . Const. P. 4971/2024 Mst. Sara & Another V/S Province of Sindh & Others Sindh High Court, Karachi [SHC Citation: 2024- SHC-KHI - 221629 ]We are not in agreement with him on the premise that the Dissolution of Muslim Marriages Act of 1939 recognizes the age of 16 as the legal age for marriage. Section 13 of the Muslim Family Law Ordinance, 1961 reads as under:- (13. Amendment of the dissolution of Muslim Marriage Act, 1939 (VIII of 1939).In the Dissolution of Muslim Marriage Act, 1939 (VIII of 1939) in section 2:- 1. After clause (ii) the following new clause (ii-a) shall be inserted, namely:- ???(ii-a) that the husband has taken any additional wife??? (b) In clause (vii), for the word ???fifteen??? the word ???sixteen??? shall be substituted). 8. According to Mulla's Principles of Muhammadan Law, a marriage of a minor performed by her father or grandfather is valid unless she repudiates it before 18. Even a marriage arranged by other guardians is valid unless the minor repudiates it on attaining puberty. At this juncture, it would be significant to refer to the case of Mauj Ali v. Syed Safder Hussain (1970 SCMR 437), wherein the Child Marriage Restraint Act 1929 was an issue while deciding such controversy by the Supreme Court. 9. The competent court of law is required to see the validity of the marriage carefully, considering the family's honor. If the information is found to be false, the family should not be unnecessarily harmed. However, as petitioner No.1 has made a statement before the court, no further action is required against the couple, and they should be protected, for the simple reason that adults have the right to marry whomever they choose, regardless of caste or religion. Parents may disapprove but cannot resort to threats or violence. Police authorities must protect such couples and prosecute those who harass or threaten them. However, this does not affect the legal rights of the couple or any underage issue before the court, if any, is pending. 10. The police official present in court must submit a summary report to the magistrate, who will decide the case based on the petitioner's statement. The police should protect the couple if they seek help. No further action should be taken against the couple, and their family should not harass them. 11. In view of the statement of the parties, the private respondents are directed to furnish an indemnity bond of Rs.500,000/- each before the Nazir of this Court for the aforesaid purpose 12. In view of the above, this Constitutional Petition is disposed ofRead more
Matter:-QUASHMENT OF F.I.R / FREE-WILL
114 . Spl. Cus. Ref. A. 845/2023 The Collector of Customs, Karachi V/S M/s. M.T. Baering, Karachi Sindh High Court, KarachiTopic: Custom Act, 1969
[SHC Citation: 2024- SHC-KHI - 221627 ]Valuation Ruling once superseded, cannot be applied for assessment of goods;Read more
Matter:-CUSTOM MATTER
115 . I. A 16/2022 National Bank of Pakistan Ltd V/S M/s. Saudi Pak Ind.&Agri. Invest. Co. Pvt. Ltd. Sindh High Court, Karachi [SHC Citation: 2024- SHC-KHI - 221611 ]Section 128 of the Contract Act, 1872 provides that the liability of the surety is co-extensive with that of the principal debtor unless otherwise specified in the contract. In essence, the guarantor's responsibility is equal to that of the principal debtor. This means that if the principal debtor defaults or fails to repay their debt, the guarantor is equally liable to fulfil the obligations.Read more
Matter:-AGAINST THE JUDGEMENT
116 . I.T.R.A 210/2024 LIBERTY POWER TECH LIMITED V/S COMMISSIONER INLAND REVENUE & ANOTHER Sindh High Court, KarachiTopic: Income-tax
[SHC Citation: 2024- SHC-KHI - 221669 ]Rectification; section 221 of the Income Tax Ordinance,2001, guidelines as to error apparent on record;Read more
Matter:-INCOME TAX
117 . Cr.Bail 483/2024 Sajid Ali Naich V/S The State Sindh High Court, Circuit at LarkanaWhile granting extraordinary relief of pre-arrest bail, even the merits of the case can be touched upon.Read more
Matter:-BAIL BEFORE ARREST
118 . Const. P. 4850/2024 Muhammad Shabbir Ahmed & Ors V/S Province of Sindh & Others Sindh High Court, KarachiTopic: CONSTITUTION OF PAKISTAN, 1973 (Discrepancies in MDCAT Test)
The court ordered a retake of the MDCAT test within four weeks, to be conducted by IBA Karachi and Sukkur, with no extra fees for students. PMDC must ensure equal treatment for public and private universities, while FIA will complete its investigation into the paper leak within two months. Vigilance committees will oversee the retake to ensure transparency.Read more
Matter:-Result / Admission (MD-CAT)
119 . Const. P. 178/2019 Sultan Ali V/S V.C University Of Sindh & Other Sindh High Court, Circuit at HyderabadTopic: CONSTITUTION OF PAKISTAN, 1973 (Petition hit by laches )
[SHC Citation: 2024- SHC-HYD - 221589 ]Petition is hit by Laches.Read more
Matter:-DECLARATION
120 . Cr.Bail 404/2024 Hakim @ Abdul Hakeem Budhani V/S The State Sindh High Court, Circuit at LarkanaPre-arrest bail should not be allowed in routine mattersRead more
Matter:-BAIL BEFORE ARREST
121 . Const. P. 410/2024 Waqef Shah V/S Fed. of Pakistan and Others Sindh High Court, KarachiTopic: CONSTITUTION OF PAKISTAN, 1973 (Removal of name from CRO record )
Court directs CRO update to reflect acquittals, ensuring accurate case records and safeguarding individuals from unjust criminal stigma."Read more
Matter:-REMOVING THE NAME FROM C.R.O.
122 . Cr.Rev 269/2023 M/S MAPLE PHARMACEUTICALS PVT. LTD & ORS V/S LEARNED CHAIRMAIN DRUG COURT KHI Sindh High Court, Karachi [SHC Citation: 2024- SHC-KHI - 221425 ]It is well settled that the report of an expert cannot be used as evidence without taking it on record and exhibiting it to provide an opportunity for cross-examination. The Cr.P.C. allows certain expert reports to be admitted in evidence without calling the expert as a witness. This is to save time and speed up trials. However, the court may still summon and examine the expert if necessary. The admissibility of test reports has been questioned. However, the Qanun-e Shahadat Order (QSO) and Cr.P.C. should be interpreted progressively to give more space to modern forensic science.Read more
Matter:-AGAINST ORDER
123 . Cr.Bail 2053/2024 SAQLAIN ABBASS @ AYAN S/O NAWAB HUSSAIN SHAH V/S THE STATE Sindh High Court, Karachi [SHC Citation: 2024- SHC-KHI - 221423 ]This Court is not oblivious to the fact that unfortunately, one young lady has lost her life in the alleged accident of the present case, however, the fate of the bail application is also to be decided within the framework of Section 497 Cr.P.C. and under the guidelines on the subject laid down by the Supreme Court. Besides the above, the liability of the present applicant or charges leveled against him could only be determined by the trial Court after recording and evaluating the evidence. It is also a settled principle of law that at the bail stage deeper appreciation of the merit of the case cannot be undertaken and only a tentative assessment of the material available is to be made. The record shows that the applicant/accused is not a previous convict or hardened criminal. Moreover, he is no longer required for any investigation nor the prosecution has claimed any exceptional circumstance.Read more
Matter:-BAIL AFTER ARREST
124 . Const. P. 2270/2021 Latifa V/S Fed. of Pakistan and Others Sindh High Court, Karachi [SHC Citation: 2024- SHC-KHI - 221323 ]C.P No.D-2270 of 2021 C.P No.D-3280 of 2018 C.P No.D-7067 of 2022 C.P No.D-4537 of 2023 C.P No.D-4509 of 2023Read more
Matter:-FOR ISSUEANCE OF PASSPORT
125 . Const. P. 6359/2023 Abdul Hameed Tunio V/S Province of Sindh & Others Sindh High Court, Karachi [SHC Citation: 2024- SHC-KHI - 221223 ]This case pertains to the regularization and allotment of 10 acres of land in Deh Mowach, Karachi. The petitioner claims the respondents have failed to issue an NOC despite the required payment and alleges that Respondent No. 11 is unlawfully claiming part of the land. The court emphasizes the need for transparency in land allotments and compliance with the Land Grant Policy 2024, particularly the requirement for open auctions in the disposal of public land.Read more
Matter:-Land Matters
126 . Const. P. 1151/2020 Shamal Media Service Pvt Ltd V/S Fed. of Pakistan and Others Sindh High Court, Karachi [SHC Citation: 2024- SHC-KHI - 221227 ]Actions without ratification or validation of law will be of no legal consequences and those with validation and ratification of laws may be sustained and deemed validly enacted.Read more
Matter:-AGAINST NOTICE
127 . Const. P. 4449/2021 Pakistan Stock Brokers Association V/S Pakistan Stock Exchange Ltd and Others Sindh High Court, KarachiTopic: Securities Act, 2015 (PSX Regulations Futures Eligibity Criteria)
[SHC Citation: 2024- SHC-KHI - 221225 ]When SECP introduced an amendment to the Futures Eligibility Criteria (FEC) of the PSX Regulations proposed by PSX, it could not have directed PSX to proceed straightaway to publish the amended Regulations in the Official Gazette without subjecting SECP's amendments to the process mandated by the Legislature, i.e. to have such amended Regulations placed before the public. Hence, the amended Regulations pertaining to the Futures Market (both DFC & CSF) are declared illegal. Even otherwise, SECP's proposed Criteria 4(i) of the FEC providing that even if a company obtains a stay order against an inquiry/investigation of the Commission, such stay order will not make the securities of such company on the Futures Market eligible to trade inspite of the Court's stay order is held to be unconstitutional. Petition allowed.Read more
Matter:-AGAINST NOTICE
128 . Const. P. 2251/2017 Muhammad Ashraf Samoo V/S Province of Sindh and Ors Sindh High Court, KarachiEnsuring timely approval of public schemes: Investigating delays and missing SNE requirementsRead more
Matter:-Land Matters
129 . Cr.Bail 2017/2024 SYED ZIA HUSSAIN SHAH S/O SYED MEHRBAN SHAH V/S THE STATE Sindh High Court, Karachi [SHC Citation: 2024- SHC-KHI - 221427 ]About the statement of co-accused and subsequent arrest of the applicant leading to the recovery of incriminating material in terms of seizer memo as discussed supra, no doubt, as per Article 43 of the Qanun-e-Shahadat Order, 1984 when more persons than one are being jointly tried for the same offense and a confession made by one of such persons admitting that the offense was committed by them jointly, is proved, the court may take into consideration the confessional statement of that co-accused as circumstantial evidence against the other co-accused (s). However, the statement of one accused can be relied upon if there is some other independent evidence corroborating such a confessional statement. The principle ingrained in Article 43 of the Qanun-e-Shahadat is also applied at the bail stage and the confessional statement of an accused can lead the court to form a tentative view about prima facie involvement of his co-accused in the commission of the alleged offence. On the aforesaid proposition, we are guided by the decision of the Supreme Court in the case of Muhammad Sarfraz Ansari vs. The State and others (PLD 2021 SC 738 ).Read more
Matter:-BAIL AFTER ARREST
130 . E.P 36/2024 SAEED AHMED S/O SAID GHAFOOR V/S ECP AND OTHERS Sindh High Court, Karachi [SHC Citation: 2024- SHC-KHI - 221063 ]Affidavit of service not filed within time. Election Petition rejected.Read more
Matter:-ELECTION MATTER
131 . H.C.A 375/2023 Zahidullah Khan V/S Pakistan Defence Officers Housing Authority & Ors Sindh High Court, Karachi [SHC Citation: 2024- SHC-KHI - 220941 ]"Inordinate delay; judgment set aside on the sole ground of inordinate delay."Read more
Matter:-AGAINST ORDER
132 . Const. P. 293/2020 Adil & Other V/S P.O Sindh & Other Sindh High Court, Circuit at Hyderabad [SHC Citation: 2024- SHC-HYD - 221456 ]Matter falls within the competence of Tribunal as such challenge to the subject Notification does not lie under Article 199 of the Constitution in view of bar set out in Article 212 of the Constitution.Read more
Matter:-Against Order
133 . Cr.Bail 784/2024 MUHAMMAD TAUQEER S/O NAZIM HUSSAIN V/S THE STATE Sindh High Court, Karachi [SHC Citation: 2024- SHC-KHI - 221421 ]It is by now well settled that an accused can maintain a subsequent bail application, at the post-arrest stage, only on the strength of fresh ground, accrued after dismissal of his first plea. In the case reported by The State through Advocate General N.W.F.P. vs. Zubair Ahmed and others (PLD 1986 SC 173) the Supreme Court has held that second or the subsequent bail application to the same Court shall lie only on a fresh ground, which did not exist at the time when the first bail application was made, however in the present case learned counsel for the applicant has pointed out fresh grounds which were not available to the applicant at the time of filing of his first bail application. He nevertheless emphasized that directions given by this Court while disposing of the bail application of the applicant have not been complied with, as such, the applicant is entitled to bail on this ground alone. I am unable to subscribe to such submission of the learned counsel for the applicant. Non-compliance with the directions issued to the trial Court to examine witnesses within some specified time cannot be fatal in terms of the ratio of the judgment rendered by the Supreme Court in the case of Nisar Ahmed vs. The State and others (PLD 2016 SC 11). However, in the present case, the applicant has shown multiple fresh grounds for consideration of his request for grant of the bail bail application. The case against the applicant prima facie is based on two versions due to the complainant's negation of the story put forward by the police and the affidavit of no objection beside the PW Abdul Ghaffar has narrated a different story including the statement of PC Warid Ali and SIP Muzzafar Ali. The accused's previous bail was denied, but new evidence now warrants reconsideration of his bail plea. Therefore, under such circumstances, this court has left with no option but to release the applicant on post-arrest bail in the subject crime the trial court is still in chaos and the reasons assigned are not sufficient to keep the applicant behind the bar for an indefinite period for the simple reason that the Supreme Court has ruled that delays in trials violate the constitutional rights of the accused to liberty, fair trial, and dignity.Read more
Matter:-BAIL AFTER ARREST
134 . H.C.A 429/2022 Muhammad Sufyan V/S Muhammad Sabreen & Others Sindh High Court, Karachi [SHC Citation: 2024- SHC-KHI - 220835 ]HCA again Order VII Rule 11 CPC. Where a consent compromise decree is promulgated, the recourse available to the aggrieved party is to institute a fresh suit.Read more
Matter:-AGAINST ORDER
135 . Const. P. 4801/2024 Rao Liaqat Ali V/S Province of Sindh & Others Sindh High Court, KarachiThe case pertains to the allocation of public funds for the establishment and operation of Cadet Colleges and Public Schools in Sindh. The court has directed the submission of a 10-year record of funds and mandated the inclusion of 10% of deserving and needy students, as required by Section 10 of the Sindh Right of Children to Free and Compulsory Education Act, 2013. A committee will also evaluate fee structures and ensure local children receive admission priority.Read more
Matter:-DIRECTION
136 . Criminal Miscelleneous 427/2024 Muhammad Umar Kunbhar V/S The state Sindh High Court, Circuit Court, Mirpur Khas [SHC Citation: 2024- - 221205 ]This Court vide order dated 28-09-2024 disposed of the instant application with a direction to DIG Mirpurkhas to conduct the inquiry to ascertain the factual position of the case by hearing the parties; however, no compliance report was submitted and again another order dated 02-10-2024 was passed with direction to DIGP Mirpurkhas to submit a compliance report. Today, DIGP Mirpurkhas has submitted a compliance report. At this stage, both the parties agreed to the disposal of the contempt application in the term that SHO shall take a personal bond from the private respondents in the sum of Rs.10,00,000/- (PKR. one million) from each respondent to the effect that no harassment shall be caused to the applicant. If they fail to furnish the bond for the aforesaid purpose, DIGP shall take immediate action in terms of paragraph 05 of the compliance report. 3. This contempt/listed application is disposed of in the above terms.Read more
137 . Judicial Companies Misc. 8/2024 EFG HERMES PAKISTAN LTD AND ANOTHER V/S Court Notice - PSX & SECP Sindh High Court, Karachi [SHC Citation: 2024- SHC-KHI - 220781 ]Sanction of scheme of merger.Read more
Matter:-MERGER
138 . Const. P. 4850/2024 Muhammad Shabbir Ahmed & Ors V/S Province of Sindh & Others Sindh High Court, KarachiTopic: CONSTITUTION OF PAKISTAN, 1973 (Discrepancies in MDCAT Test)
The matter pertains to irregularities in the MDCAT 2024 results, with notable discrepancies in student marks across provinces. A committee is directed to investigate, and the results are suspended until further orders. FIA Cyber Crime is instructed to conduct an inquiry, and PMDC is directed to standardize future tests with a uniform syllabus across all provinces to ensure fairness and consistency.Read more
Matter:-Result / Admission (MD-CAT)
139 . Const. P. 4690/2024 Advocate Ashfaque Ali Panhwar & another V/S Govt of Sindh & Others Sindh High Court, KarachiThe case pertains to the delayed distribution of textbooks to government schools in Sindh, accountability for the misuse of foreign funds in education projects, and the inappropriate appointment of a NAB officer to a key project role. The court has issued directives for prompt action, including the repatriation of officers and an audit of project funds.Read more
Matter:-DIRECTION
140 . Const. P. 2119/2024 DVCOM Data (Pvt) Ltd V/S Fed. of Pakistan and Others Sindh High Court, KarachiTopic: Pakistan Telecommunication (Reorganization) Act, 1996
[SHC Citation: 2024- SHC-KHI - 220583 ]estoppel can form a foundation of waiver to assert a right but does not automatically lead to waiver as it requires initial relinquishment while estoppel is a right of evidence that prevents a party from acting inconsistently with previous conduct.Read more
Matter:-AGAINST DEMANDING
141 . Spl.Cus.A. 30/2004 Pakistan International Airlines Corporat V/S Collector of Customs (Preventive) Custom Sindh High Court, KarachiTopic: Custom Act, 1969
[SHC Citation: 2024- SHC-KHI - 220753 ]Imposition of penalty; element of mens rea must be establishedRead more
Matter:-CUSTODY MATTER
142 . Cr.Bail 2148/2024 ZAIB-UN-NISA W/O MUSHTAQUE V/S THE STATE Sindh High Court, Karachionce the concession of bail is granted by a court of competent jurisdiction, very strong and exceptional grounds are required to interfere with such a concession. The accused, having been granted bail, enjoys liberty as a result of this concession. Any decision that interferes with this bail would essentially amount to curtailing the accused???s freedom prior to the conclusion of the trial, which is a fundamental right enshrined in the Constitution.Read more
Matter:-BAIL AFTER ARREST
143 . Const. P. 899/2020 M/s PSO V/S The Pakistan C.A.A and Others Sindh High Court, Karachi [SHC Citation: 2024- SHC-KHI - 220443 ]A Division Bench Judgment involving another Service Station, even if it involves one of the members of the Bench hearing the Petition, is not binding when the Petitions filed by the other Service Stations are entirely on different facts and laws. Petitions disposed of to be decided by the proper forum elected by parties with status quo in place subject to further orders of the competent court.Read more
Matter:-PROPERTY MATTER
144 . Const. P. 218/2024 Mashooque Ali V/S Province of Sindh & others Sindh High Court, Circuit Court, Mirpur Khas [SHC Citation: 2024- - 221143 ]The controversy as raised by the parties about the custody of the minor needs to be looked into by the learned Guardian and Wards Court concerned, if approached and the decision thereof shall be made within a reasonable time, keeping in view the welfare of the minor strictly under the law. On the aforesaid proposition, I am fortified by the decision rendered by the Supreme Court of Pakistan in the cases of Humayun Hassan v. Arslan Humayun and another, PLD 2013 SC 557 and Mst. Qurat-ul-Ain Vs. Station House Officer, Police Station Saddar Jalalpur Jattan, District Gujrat (2024 SCMR 484).Read more
145 . Cr.Bail 164/2024 Zeeshan V/S The State Sindh High Court, Circuit Court, Mirpur Khas [SHC Citation: 2024- - 221151 ]The law on bail is now well settled. In cases where the offense falls outside the non-prohibitory clause of section 497(1) of Cr.P.C., bail is to be granted as a matter of course, and rejection of the same is an exception. Where, however, an offense falls within the prohibitory clause, bail can only be granted if the court concludes that there is no reasonable ground for believing that the accused has committed a non-bailable offense or where an accused makes out a case of further inquiry into the guilt of the accused or in case the accused is under the age of 16 years or is sick or infirm.Read more
146 . Criminal Miscelleneous 512/2024 Muhammad Khan & others V/S SSP Tharparkar @ Mithi & others Sindh High Court, Circuit Court, Mirpur Khas [SHC Citation: 2024- - 221189 ]Criminal Miscellaneous Application under section 561-A Cr.P.C assailing order dated 30-08-2024 passed by learned Additional Sessions Judge-II/ Ex-Officio Justice of Peace, Tharparkar @ Mithi, in Criminal Miscellaneous application No.493/2024, whereby application under section 22-A & B Cr.P.C filed by the respondent No.3 was allowed with direction to the S.H.O concerned to record statement of the respondent/complainant and same be incorporated in 154 Cr.P.C book, if it constitutes a cognizable offence. 2. Learned counsel submits that F.I.R No.28/2024 under sections 393, 506(2), 504, 114, 34 P.P.C has already been registered at PS Kaloi District Tharparkar on 31-08-2024 against the applicants; therefore, the purpose of filing this Crl. Misc. Application has become infructuous. However, he insists that he will pursue his remedy as per law. 3. In view of above interim order passed by this court vide order dated 04-09-2024 is hereby re-called and this Crl. Miscellaneous Application is disposed of as FIR No. 28/2024 of PS Kaloi District Tharparkar has already been registered.Read more
147 . E.P 52/2024 ZAIN PERVEZ V/S ECP AND OTHERS Sindh High Court, Karachi [SHC Citation: 2024- SHC-KHI - 220321 ]Interpretation of section 144(2)(a) of the Election Act, 2017. Consequence of defective affidavits by witnesses.Read more
Matter:-ELECTION MATTER
148 . Const. P. 3073/2021 United Refrigeration Ind Ltd V/S Pakistan and Others Sindh High Court, KarachiTopic: Income Tax Ordinance, 2001
[SHC Citation: 2024- SHC-KHI - 220361 ]Exemption from selection for audit. Benefit of Clause 105 of Part IV of 2nd schedule to the Income Tax Ordinance 2001 is not available to persons availing exemption from advance tax under Clause 72B ibid;Read more
Matter:-INCOME TAX
149 . Spl.Cr.Tran 100/2024 MILLAT INDUSTRIAL PRODUCTS LTD V/S THE STATE & ANOTHER Sindh High Court, KarachiTopic: Transfer Application (Allegation against presiding officer )
[SHC Citation: 2024- SHC-KHI - 220531 ]Test of transfer under section 526 (1)(a) Cr.P.C.Read more
Matter:-TRANSFER OF CASE
150 . Const. P. 3721/2024 Nestle Pakistan Ltd V/S Province of Sindh & Others Sindh High Court, KarachiEnsuring Public Health and Safety: Addressing Standards for Bottled Water, Kidney Care, and Compliance with WHO Guidelines in SindhRead more
Matter:-AGAINST DEMANDING
151 . Criminal Miscelleneous 58/2024 Nadeem Jat V/S Manager HBL Chandi Chock Sindh High Court, Circuit Court, Mirpur Khas [SHC Citation: 2024- - 221195 ]It appears from the cross examination of complainant that he had made certain admissions, like he admitted that he did not produce the ownership documents of alleged plot. He also admitted that the respondent was/is his real brother and civil proceedings is pending on subject issue. He admitted that there was mobile tower installed on the disputed land and such agreement was executed between the company and the respondent. The witness of the complainant admitted that there was/is civil dispute between the parties over the plot. Such admissions on the part of complainant and his witnesses leads to believe that there were strained relations between two real brothers and registration of subject case appears to be result of such dispute. The complainant has also admitted that place of incident is located in populated area, but none from the locality came forward to corroborate the version of complainant. The complainant also admitted that previously, the respondent had lodged ???NC??? against him and such fact could not be overlooked. The Medicolegal Officer Doctor Kanwar Lal admitted in the deposition that there was/is correction in the OPD slip. He admitted that there was/is no injury upon the body and head of the complainant. He admitted that there is possibility that the present injured might have received injury by falling on tile or marble. He also admitted that on the same day, injured Jhaman appeared with the police letter.Read more
152 . Spl:Sales Tax Ref: A. 149/2024 M/s. Adam Sugar Mills Limited, Karachi V/S The Appellate Tribunal I.R. of Pak. and another Sindh High Court, KarachiTopic: Sale Tax Act 1990
[SHC Citation: 2024- SHC-KHI - 220453 ]Section 8(1)(h) of Sales Tax Act, 1990. input tax adjustment not admissible on material used for construction by a registered personRead more
Matter:-SALES TAX.
153 . Spl. Cus. Ref. A. 1113/2023 Director, Directorat Gen., Int.& Inv (Custom) Kar. V/S M/s. CMS-GRC, Sawat & another Sindh High Court, KarachiTopic: Custom Act, 1969
[SHC Citation: 2024- SHC-KHI - 220363 ]Order by Tribunal without independent reasons and findings; not sustainable; set-asideRead more
Matter:-CUSTOM MATTER
154 . Const. P. 529/2024 Muhammad Abid V/S Province of Sindh & others Sindh High Court, Circuit Court, Mirpur Khas [SHC Citation: 2024- - 221149 ]The registration of an FIR does not guarantee conviction. If the investigation reveals insufficient evidence, the accused may be released on bail. The police officer is empowered to take cognizance of an offense and try the accused or send them for trial. After completing the investigation, the officer must submit a police report to a Magistrate. The report should include details of the parties, the nature of the information, and the names of witnesses. The report should also indicate whether the accused was arrested or released on bail. The police report can be classified as "A," "B," or "C." An "A" report indicates that the FIR is true but the accused is untraced or there is no evidence to justify trial. A "B" report indicates that the FIR is false or frivolous and no case is made out. A "C" report indicates that the criminal case was filed due to a mistake of fact or is of a civil nature.Read more
155 . Criminal Miscelleneous 532/2024 Mst. Sadia V/S IG Police Sindh & others Sindh High Court, Circuit Court, Mirpur Khas [SHC Citation: 2024- - 221193 ]alleged detainee Mst. Noshaba has been produced by her mother Mst. Farzana. On query, she states that she has been detained without her wish and will and torture has been inflicted upon her and now she wants to live with applicant Mst. Sadia, who is present before this Court. She also seeks protection. Since alleged detainee Mst. Noshaba is a sui juris lady, hence she is at liberty to go wherever she wants. However, the allegations of Mst. Noshaba shall be looked into by the SHO concerned and due protection shall be provided to her to the effect that no harassment shall be caused to the applicant as well to Mst. Noshaba. 3. The private respondents are warned to be careful while dealing with Mst. Noshaba and if any sort of harassment is caused to her and the applicant, they shall be dealt with under the law. 4. In view of the above, the instant application is disposed of.Read more
156 . Const. P. 206/2024 Mst. Hakeema & another V/S POS & Others Sindh High Court, Circuit Court, Mirpur Khas [SHC Citation: 2024- - 221145 ]I, therefore, direct that the administration/police authorities will see, if any boy or girl who is major undergoes inter-caste or inter-religious marriage with a woman or man who is a major, the couple is neither harassed by anyone nor subjected to threats or acts of violence and anyone who gives such threats or harasses or commits acts of violence either himself or at his instigation, is taken to task by instituting criminal proceedings by the police against such persons and further stern action is taken against such person(s) as provided by law. However, the above observation is without prejudice to the legal rights of the parties, arising out of the marriage of the couple, if any, pending before the competent court of law.Read more
157 . Criminal Miscelleneous 529/2024 Hantho @ Hansraj V/S Learned Session Judge Tharparkar @ Mithi & others Sindh High Court, Circuit Court, Mirpur Khas [SHC Citation: 2024- - 221183 ]Section 22-A of Cr.P.C. limits a Justice of Peace's role to ensuring whether a cognizable offense is apparent from a complaint. If so, he can order police to record the statement under section 154 Cr.P.C. His function is to assist the Criminal Justice System, not to investigate or prosecute. The prompt registration of a First Information Report (FIR) is a crucial aspect of criminal justice systems. An Officer In-Charge of a Police Station is obligated to record an FIR when a cognizable offense is reported, regardless of the truthfulness of the information. This duty is separate from the subsequent investigation process. The failure to register an FIR can have serious consequences for victims and can hinder justice. Investigating officers must conduct impartial and honest investigations. They should follow the law and aim to bring the truth to light. If an FIR is not registered or a statement is not recorded, the aggrieved person can file an application under Section 22-A of the Cr.P.C. The Justice of Peace will then examine the application and pass an appropriate order.Read more
158 . Cr.Bail 201/2024 Akber @Akber Ali V/S The State Sindh High Court, Circuit Court, Mirpur Khas [SHC Citation: 2024- - 221185 ]Primarily, this is a landed dispute between two real brothers. The case has been challaned and the applicant is no more required for further investigation, but no progress has been made before the trial Court. The applicant attends the trial Court regularly. The learned counsel for the applicant claimed that the witnesses are not attending the court. The learned counsel for the complainant has failed to plead that after granting pre-arrest bail, the applicant has made any attempt to tamper with the prosecution evidence or misuse the concession of bail. In the case of Nadeem v. The State (2016 SCMR 1619); wherein the Supreme Court of Pakistan has held that: ??????3 In the absence of any evidence that the petitioner had tried to misuse the concession of bail or attempted to tamper with the prosecution evidence, it was not open for the learned High Court to recall the bail already granted to the petitioner. The learned Additional Prosecutor General has also confirmed that challan has already been submitted in the trial Court.???Read more
159 . Suit.B 37/2020 UNITED BANK LIMITED V/S MUHAMMAD ISMAIL DOSSA Sindh High Court, Karachi [SHC Citation: 2024- SHC-KHI - 221003 ]Having obtained Foreign Judgment, the Bank has to options for its enforcement in Pakistan.Read more
Matter:-BANKING
160 . Const. P. 1155/2023 Zulfiqar Ali V/S Province of Sindh & Others Sindh High Court, Karachi [SHC Citation: 2024- SHC-KHI - 220915 ]Contract Employees claiming regularization.Read more
Matter:-SERVICE / REGULARIZATION
161 . I.T.R.A 210/2012 Commissioner Inland Revenue. V/S K.E.S.C Sindh High Court, KarachiTopic: Income Tax Ordinance, 2001 (Section 113 (3) - tariff adjustment subsidy availed by DISCO part of turnover)
[SHC Citation: 2024- SHC-KHI - 220125 ]Subsidy/tariff adjustment availed by DISCO (and shown in its books of account) as a receivable from the Government of Pakistan constitutes turnover under Section 113(3) is leviable to charge of minimum tax under section 113 of ITO, 2001Read more
Matter:-INCOME TAX
162 . Const. P. 3465/2022 Tahir Hussain V/S DG SBCA and Others Sindh High Court, Karachi [SHC Citation: 2024- SHC-KHI - 220111 ]Under Section 16 of the SBC Ordinance, 1979, an adequate remedy through an appeal is available, offering two forums for aggrieved parties. Therefore, without exhausting the remedy of filing an appeal against any illegality or irregularity, filing a constitutional petition directly under Article 199 of the Constitution is neither competent nor maintainable.Read more
Matter:-ILLEGAL CONSTRUCTION
163 . Const. P. 3287/2022 Shahnawaz Ayoub and Others V/S Province of Sindh & Others Sindh High Court, KarachiApproximately 3,802 trees were cut down during the execution of the BRT Project without fulfilling the replanting obligations. A show cause notice is issued to the Mayor of Karachi for non-compliance with the court???s directives on environmental management. It is ordered that no trees shall be cut down in Sindh without explicit approvalRead more
Matter:-DIRECTION
164 . Const. P. 2515/2017 Shakeel Ahmed and Ors V/S Govt. of Sindh and Ors Sindh High Court, KarachiThe Chief Secretary of Sindh is ordered to form a committee to assess the legality of leases, evaluate the non-operation of a Degree College, and plan for the educational use of 25 acres of land in KarachiRead more
Matter:-ENCROACHMENT
165 . Criminal Miscelleneous 513/2024 Sabhago V/S SSP Sanghar & others Sindh High Court, Circuit Court, Mirpur Khas [SHC Citation: 2024- - 221201 ]So far as the question raised by the learned counsel for the application that under The Sindh Child Marriage Restraint Act 2014, the purported marriage of Ms. Asha with Naseer Ahmed is illegal on the plea that she has not attained the age of 18 years, suffice it to say that the Dissolution of Muslim Marriages Act 1939 recognizes such age as sixteen years (which earlier was 15 years but was substituted as sixteen years by the Muslim Family Laws Ordinance, 1961 (VIII of 1961), which finds a place as Section 13 of the Muslim Family Law Ordinance, 1961 and reads as under:- (13. Amendment of the dissolution of Muslim Marriage Act, 1939 (VIII of 1939).In the Dissolution of Muslim Marriage Act, 1939 (VIII of 1939) in section 2:- 1. After clause (ii) the following new clause (ii-a) shall be inserted, namely:- ???(ii-a) that the husband has taken any additional wife??? (b) In clause (vii), for the word ???fifteen??? the word ???sixteen??? shall be substituted)Read more
166 . Criminal Miscelleneous 530/2024 Babar Ali V/S SSP Sanghar & others Sindh High Court, Circuit Court, Mirpur Khas [SHC Citation: 2024- - 221181 ]It is evident from the contents of application under sections 22-A & B Cr.P.C filed by respondent Akbar Ali and FIR No.106/2024 lodged by applicant Babar Ali in respect of same incident, that it is a case of free fight between both the parties and both of them received injuries at the hands of each other; therefore, as per dictum laid down by the Supreme Court in its landmark judgment in the case of Mst. Sughran Bibi Vs. The Stte [PLD 2018 SC 595], the second FIR of the same incident was/is unwarranted. In a recent unreported case of Munawar Alam Khan Vs. Qurban Ali Malano & others [Criminal Petition No.31-K of 2022] decided on 08-04-2024, the Supreme Court while dealing with similar matter, discussed the proposition qua lodging second FIR of the same incident. The relevant portion reads as under:- 6. A common culture prevailing with our society and often chosen by the legal fraternity is to settle the disputes by converting them into criminal prosecution against each other which, in our candid view, is apparent on the record owing to the reason that there are other cases running in Court inter se the parties. After having received kicks and fists blows at the hands of the respondents, the petitioner has remained successful in seeking a direction for lodging an FIR from the trial Court, whereas FIR bearing No.98 of 2019 was also lodged against the petitioner in a similar context by some Advocates of accused/respondents' group.Read more
167 . Const. P. 213/2024 Mst. Rani & others V/S Province of sindh & others Sindh High Court, Circuit Court, Mirpur Khas [SHC Citation: 2024- - 221141 ]Without touching the aforesaid crucial issue, which is not feasible at this stage to dilate upon and same shall be taken up in other proceedings. 8. In view of the above instant petition is disposed of with the direction that petitioners shall not be harassed by police officials or any other person and to protect the petitioners under law.Read more
168 . Criminal Miscelleneous 358/2024 Arbab Ibrahim Rahimoon V/S SSP Umerkot & Others Sindh High Court, Circuit Court, Mirpur Khas [SHC Citation: 2024- - 221187 ]After arguing the matter at some length, learned counsel states that the applicant may be permitted to file a private complaint in terms of section 200 Cr.P.C before the learned Magistrate concerned so far as the allegation of the applicant is concerned, which shall be dealt with by learned Magistrate after recording his statement on oath. If this is the position of the case, let the Magistrate concerned entertain the private complaint of the applicant and the same shall be decided within reasonable time in accordance with law. 6. In view of the above, instant Criminal Miscellaneous application stands disposed of.Read more
169 . Criminal Miscelleneous 502/2024 Paru V/S Sagram & others Sindh High Court, Circuit Court, Mirpur Khas [SHC Citation: 2024- - 221203 ]After perusing the material available on record, it appears that the offense was allegedly committed on 25.7.2024 and reported on 6.8.2024 delay of twelve (12) days, hence the deliberation and consultation for implicating the accused cannot be ruled out. It further appears that injuries except for one falling u/s 337-F(vi) PPC (Ghair Jaifah Daimah), are bailable under the schedule of offenses while Section 337- F(vi) PPC, does not fall within the prohibitory clause of Section 497, Cr. P.C. is punishable with imprisonment for 07 years. So far the application of Section 506(ii), PPC is concerned, it is yet to be seen at trial after recording pro and contra evidence of the parties by the trial Court if the same attract at all in the facts of the case. There is no complaint of misusing the concession of pre-arrest bail granted to the respondents by the trial Court. 7. There is no denial to the fact that the Supreme Court since long has issued guidelines wherein the details of the considerations for the grant of bail and cancellation whereof are highlighted. This Court while handing down a judgment reported as Shahid Arshad Vs. Muhammad Naqi Butt (1976 SCMR 360) although found that the bail-granting order passed by the High Court is not sustainable in the eyes of the law and yet restrained to interfere in such order on the ground that there was nothing to show that the accused had misused the concession of bail.Read more
170 . Cr.Bail 162/2024 Muhib and another V/S The State Sindh High Court, Circuit Court, Mirpur Khas [SHC Citation: 2024- - 221155 ]Keeping in view of the severity of the offense, bail is denied to the applicants at this stage, with direction to the trial Court to conclude the trial within two months. However, it is made clear that in case of failure on the part of the trial Court to comply with the directions as contained in the order dated 07.08.2024 passed by this court in Criminal Miscellaneous Application No.387 of 2024, the matter will be referred to the MIT-II of this Court for placing the matter before the competent authority for appropriate Orders on the administrative side.Read more
171 . Const. P. 210/2024 Ashique Ali V/S Manzoor Ali & others Sindh High Court, Circuit Court, Mirpur Khas [SHC Citation: 2024- - 221147 ]The courts below have consistently found against the applicants??? claims, and these decisions should not be overturned in a revision proceedings unless extraordinary circumstances exist. A revision court does not re-examine evidence like an appellate court. 8. Based on the foregoing, the findings of the courts below are not jurisdictionally flawed and do not show any misreading or non-reading of evidence that could have led to a miscarriage of justice. Therefore, the revision application is without merit and is dismissed. Each party will bear their costs.Read more
172 . Const. P. 205/2024 Abdul Hafeez Shoro V/S Province of sindh & others Sindh High Court, Circuit Court, Mirpur Khas [SHC Citation: 2024- - 221127 ]Learned Assistant A.G Sindh assisted by counsel for the private respondents??? alongwith police officials present in court and states that the official respondents as well as private respondents will act strictly in accordance with law and they will be neutral in the private affairs between the parties, if any. Police officials are present and state that they shall act strictly in accordance with law and provide the protection to the petitioner and his family members if any harassment is caused to them by the private respondents; however, if any cognizable offence is committed by either party, they will act swiftly in accordance with law. 3. In view of above, learned counsel for the petitioner seeks disposal of this petition in terms of the statement of learned A.A.G Sindh as well as counsel for the private respondents that no harassment shall be caused to either party.Read more
173 . Const. P. 207/2024 Ali Akbar V/S Province of sindh & others Sindh High Court, Circuit Court, Mirpur Khas [SHC Citation: 2024- - 221129 ]The learned counsel(s) for the private respondents and learned A.P.G with one voice state that neither they caused harassment to the petitioner nor they intend to do so in the future. Learned A.P.G further states that protection will be provided to the petitioner in accordance with law. 3. In view of above, this petition is disposed of with the direction that no harassment shall be caused to the petitioner and police shall be neutral in private affairs; however, if any cognizable offense is committed police shall be free to take action in accordance with law.Read more
174 . Cr.Bail 207/2024 Muhammad Islam V/S The State Sindh High Court, Circuit Court, Mirpur Khas [SHC Citation: 2024- - 221157 ]The charge under section 377 P.P.C. was converted to one under section 377-A punishable under section 377-B P.P.C. To facilitate reference the two sections are reproduced below: 377-A. Sexual abuse. Whoever employs, uses, forces, persuades, induces, entices, or coerces any person to engage in, or assist any other person to engage in fondling, stroking, caressing, exhibitionism, voyeurism or any obscene or sexually explicit conduct or simulation of such conduct either independently or in conjunction with other acts, with or without consent where age of person is less than eighteen years, is said to commit the offence of sexual abuse. 377-B. Punishment. Whoever commits the offence of sexual abuse shall be punished with imprisonment of either description for a term which [shall not be less than fourteen years and may extend up to twenty years and with fine which shall not be less than one million rupees].Read more
175 . Criminal Miscelleneous 523/2024 Mst. NIyamat V/S SSP Thrparkar @ Mithi & others Sindh High Court, Circuit Court, Mirpur Khas [SHC Citation: 2024- - 221165 ]In view of the above, alleged detainee Mst. Hawa cannot be claimed in illegal detention, as portrayed by the applicant; however, if the grievance of applicant still subsists, he is at liberty to appear in C.P.No.S-437 of 2024 to assist the court, if the lis is pending. 5. The very purpose of filling this application under section 491 Cr. P.C. has been served as the alleged detainee is no more in illegal detention in terms of the order dated 17-04-2024 passed by this Court; therefore, the instant Criminal Miscellaneous Application stands disposed of.Read more
176 . Spl. Cus. Ref. A. 1490/2023 The Collector of Customs, Karachi V/S M/s. Dua International & Co., Karachi Sindh High Court, KarachiTopic: Custom Act, 1969
[SHC Citation: 2024- SHC-KHI - 220153 ]Classification of Goods; a specialized job; to be decided by the Classification Centre established by the Collector of Customs Appraisement.Read more
Matter:-CUSTOM MATTER
177 . Criminal Miscelleneous 520/2024 Fida Hussain V/S SSP Tharparkar & others Sindh High Court, Circuit Court, Mirpur Khas [SHC Citation: 2024- - 221191 ]Before parting with this order it is directed that the Police officials shall protect Mst. Sain and ensure no harm is caused to her by either party and if any harassment is caused to her by any of the parties the police shall act swiftly. 5. In view of the statement of the alleged detenee, no case of illegal detention is made out and the purpose of filing the instant Criminal Miscellaneous Application under section 491 Cr. P.C. has been served; therefore, the same stands disposed of.Read more
178 . Cr.Bail 224/2024 Ali Gohar & another V/S The State Sindh High Court, Circuit Court, Mirpur Khas [SHC Citation: 2024- - 221153 ]The applicants are accused of a heinous crime, including murder, and prima facie, there is sufficient incriminating evidence to connect them to the alleged offenses. It is well settled that while the court does not delve into a deep analysis of the evidence at this stage, the available materials, including the FIR, witness statements, and medical reports, support the prosecution's allegations. The delay in lodging the FIR is explained by the nature of the incident and the immediate medical attention required for the injured. There is no evidence of any malicious intent on the part of the complainant. The gravity of the charges and the potential for the applicants to influence witnesses or tamper with evidence, granting bail at this stage would not be appropriate. Therefore, the bail application is dismissed. The trial court is directed to examine the material witnesses within two months and if the charge is not framed the same shall be framed on the date so fixed by the trial court. The direction of this court shall not be ignored at all, which has serious repercussions.Read more
179 . Cr.Bail 215/2024 Inayatullah & others V/S The State Sindh High Court, Circuit Court, Mirpur Khas [SHC Citation: 2024- - 221159 ]Bail before arrest is an extraordinary relief granted only in exceptional cases to protect innocent people from abuse of the law. It is not a substitute for post-arrest bail. The accused must show that their arrest is being sought for ulterior motives by the police to cause them irreparable harm. They must also establish that they have not done anything that would disqualify them from receiving this discretionary relief. The aforesaid ingredients of principles are missing in the present case as the facts obtained in the present case, are tentatively assessed which prima facie show that the alleged offense occurred on June 25, 2024, and was reported the same day. Police recorded witness statements, visited the scene, prepared injury reports, and collected medical evidence as well as empty shells of the crime weapon from the place of the incident. Charges of assault, criminal intimidation, and wrongful restraint were filed against them. A medical examination confirmed injuries consistent with charges of Section 337-F (III) of the Pakistan Penal Code as Ghyr-i-Jaifah Mutalahimah.Read more
180 . Cr.Tran 9/2024 Wali Ahad Khan V/S Mumtaz Ali Mallah & others Sindh High Court, Circuit Court, Mirpur Khas [SHC Citation: 2024- - 221199 ]Prima facie the ground raised by the learned counsel for the applicant is tenable based on the reason that he has life threats from the accused party to kill him if he/complainant attends the court at Khipro, in such circumstances, he intends to seek a fair and speedy trial in the criminal case pending adjudication before another court at Sanghar or otherwise, but not at Khipro, which is only possible if the trial court proceeds with the matter. However, in the best interest of justice, coupled with the instance taken by the learned counsel for the parties, it would be appropriate for a speedy trial of the case.Read more
181 . Suit 377/2023 ABDUL REHMAN V/S PROVINCE OF SINDH & OTHERS Sindh High Court, Karachi [SHC Citation: 2024- SHC-KHI - 219907 ]The Impugned Cancellation Letter is set-aside.Read more
Matter:-Land Dispute
182 . Const. P. 781/2024 Mst. Nazia & another V/S Province of Sindh & others Sindh High Court, Circuit Court, Mirpur Khas [SHC Citation: 2024- - 221125 ]Primarily, this is a free and democratic country, and once a person becomes a major he or she can marry whosoever he/she likes. If the parents of the boy or girl do not approve of such inter-caste or inter-religious marriage the maximum they can do is they can cut off social relations with the son or the daughter, but they cannot give threats or commit or instigate acts of violence and cannot harass the person who undergoes such inter-caste or inter-religious marriage. We, therefore, direct that the administration/police authorities will see to it that if any boy or girl who is a major undergoes inter-caste or inter-religious marriage with a woman or man who is a major, the couple is not harassed by anyone nor subjected to threats or acts of violence, and anyone who gives such threats or harasses or commits acts of violence either himself or at his instigation, is taken to task by instituting criminal proceedings by the police against such persons and further stern action is taken against such persons as provided by law. However, the above observation is without prejudice to the legal rights of the parties, if any, pending before the competent court of law.Read more
183 . Const. P. 911/2024 Mst. Musrat V/S Province of sindh & others Sindh High Court, Circuit Court, Mirpur Khas [SHC Citation: 2024- - 221109 ]The subject issue involves the intricacies of marriages of the parties, which is governed by the Christian Marriage Act 1872, The Divorce Act 1869, and the Muslim Family Laws Ordinance. The court underscored in [2003 YLR 400 Lahore-High-Court-Lahore] that Christian marriages in Pakistan are monogamous unions, setting them apart from Muslim marriages, which are seen as civil contracts. The Christian Marriage Act stringently prohibits polygamy, making any second marriage conducted without dissolving the first one void and punishable. At the same time, the legal validity of a marriage is largely determined by the religious backgrounds of the individuals involved, as is the second marriage of Mst. Sughran after converting to Islam.Read more
184 . Const. P. 827/2024 Mehboob Ali V/S Province of sindh & others Sindh High Court, Circuit Court, Mirpur Khas [SHC Citation: 2024- - 221105 ]The right to life, as guaranteed by Article 9 of the Constitution, extends to the right to livelihood. This means that the petitioner has the right to earn a living. However, a respondent department can terminate the services of the petitioner if he fails in all respects, but only if it is done under the law, and the termination of service if any must follow established legal procedures and cannot be arbitrary or unfair. We are also equally conscious of the legal position that illegally gotten things cannot operate as a bar nor lapse of time could be made a reason to declare an ???illegality??? as ???legality??? but a suspicion alone shall not be sufficient to escape the requirement of ???due process??? because it is not whims or fancy of an executive functionary to deprive one of his right due process alone. Therefore, the respondents were/are not legally justified to withhold the posting order/joining letter of petitioner except after due process particularly when the respondents do not dispute or deny his appointment letter. A departure from ???due process??? resulting in taking away or infringing a fundamental right will be sufficient to entertain such a petition. Reference may be made to the case of Pir Imran Sajid & Ors v. MD /GM & Ors 2015 SCMR 1257.Read more
185 . Const. P. 858/2024 Zahid Hussain and others V/S Province of Sindh and others Sindh High Court, Circuit Court, Mirpur Khas [SHC Citation: 2024- - 221107 ]If this is a position of case and keeping in view the order dated 12-01-2023 passed by this Court, this matter needs to be transmitted to the Chief Secretary Sindh, who in co-ordination with Secretary Education and Literacy Department, is directed to look into the matter of the petitioners at his end, if the grievances of the petitioners are found to be genuine, the same shall be redressed under policy and law within three weeks, after hearing the parties concerned. However, the Chief Secretary shall also look into the factual position of the case and if he finds any candidate obtained lesser marks than the petitioners and subsequently appointed, then appropriate directions shall be issued to the competent authority for the relief so claimed, which shall be in line with Articles 25 and 27 of the Constitution of Islamic Republic of Pakistan, 1973.Read more
186 . Const. P. 1114/2024 Khan Muhammad V/S Director General Agricultural Resaerch Sindh High Court, Circuit Court, Mirpur Khas [SHC Citation: 2024- - 221113 ]The details of F.R. 54 elucidate that in the situation where a dismissed government servant is reinstated, the revising or appellate authority may grant his pay to him for the period of his absence from duty. Seemingly, the letter in question refers to F.R. 54 (a), which emphasizes that if such a government servant is honorably acquitted, he shall be granted the full pay to which he would have been entitled if he had not been dismissed or removed, and, by an order to be separately recorded, any allowance of which he was in receipt before his dismissal or removal. In a case falling under clause (a), the period of absence from duty will be treated as a period spent on duty. According to the explanation attached to this Rule, the "revising authority" means the "authority" or "authorized Officer" as defined in the Government Servants (Efficiency and Discipline) Rules, 1973, who passes the final order on the case and not the authority who passes an order on appeal. 7. Even otherwise, the details of F.R. 54 clarify that in the case of reinstatement of a dismissed or removed employee, only the revising or appellate authority may grant him his pay for the period of his absence from duty, and if he is honorably acquitted then, the full pay to which he would have been entitled to, and his period of absence from duty will be treated as a period spent on duty.Read more
187 . Const. P. 1001/2024 Iftikhar Ahmed V/S Province of Sindh & Others Sindh High Court, Circuit Court, Mirpur Khas [SHC Citation: 2024- - 221161 ]Learned Assistant A.G Sindh has resisted these petitions on the premise that there are disputed questions of facts involved in the matters, as such these petitions cannot be entertained. At this stage, we confronted him with the proposition that the issue of the salary of the petitioners, if any needs to be resolved at the end of the respondents' departments and this Court cannot decide the subject issue under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973. However, at the same time, if the petitioners are working with the Government Departments, their salary issue must be resolved within a reasonable time, as this issue cannot be left unattended for an indefinite period. Learned A.A.G without filing comments, though notices have been issued to the respondents to put their defense, they failed to do so for the reason best known to him, submit that these matters are required to be resolved by the competent authority of the respondents if the cause of the petitioners still subsists. The proposal seems to be reasonable.Read more
188 . Const. P. 2414/2024 Saima Waqar V/S Fed. of Pakistan and Others Sindh High Court, KarachiSections 10 and 2(c) of the Sindh Right of Children to Free and Compulsory Education Act, 2013. (Les Miserables, a novel by Hugo, which is a true picture of under privileged classes). Overall, Sections 2(c) and 10, of the Sindh Right of Children to Free and Compulsory Education Act, 2013, are crucial in establishing a framework that promotes the rights of disadvantaged children and ensures their access to quality education. Hence it was directed that, Secretary of Schools shall instruct the Director General of Private Schools to visit the petitioners??? schools, accompanied by the Additional Secretary of Education, and verify whether the petitioners' schools are maintaining the mandated ratio of admitting at least 10% disadvantaged children/students, as per the spirit and requirements of the Sindh Right of Children to Free and Compulsory Education Act, 2013. The Director General of Private Schools shall be present during this inspection to ensure thorough oversight and compliance assessment.Read more
Matter:-MISSING PERSONS
189 . Const. P. 4336/2024 Arif Ullah Khan and Another V/S Province of Sindh & Others Sindh High Court, KarachiHigh Court suspends Karachi University's decision invalidating Judge's degree, citing violation of fair trial rights under Article 10-A and powers under Article 199 of the Constitution of Pakistan, 1973; references analogous case Abdul Rauf Rana vs. University of Balochistan (2021 CLC 2141).Read more
Matter:-AGAINST THE ORDER
190 . Const. P. 4219/2021 Mir Hasan Khan and Others V/S D.G Immigration & Passport and Others Sindh High Court, KarachiThe court grants Petitioner No.2 Pakistani citizenship under Section 10(2) of the Pakistan Citizenship Act, 1951, and Rule 15 of the Pakistan Citizenship Rules, 1952, based on over five years of residency and marriage to a Pakistani citizen. The requirement for an Afghan passport and visa is dismissed.Read more
Matter:-ISSUANCE OF N.I.C.
191 . Const. P. 3721/2024 Nestle Pakistan Ltd V/S Province of Sindh & Others Sindh High Court, KarachiDirectives were issued for the comprehensive reassessment of bottled water standards to enforce WHO and FDA guidelines. The Sindh Food Authority and federal authorities are to inspect water bottling operations, with findings and compliance efforts to be reviewed on October 3, 2024.Read more
Matter:-AGAINST DEMANDING
192 . R.A (Civil Revision) 87/2019 Moulana Shahzado Dreho V/S P.O.Sindh & Ors Sindh High Court, Bench at Sukkur
Matter:-AGAINST THE ORDER
193 . Const. P. 594/2024 M/s Tec Style Emporium V/S Fed. of Pakistan and Others Sindh High Court, KarachiTopic: Custom Act, 1969
[SHC Citation: 2024- SHC-KHI - 218001 ]Auction Purchaser; issuance of delivery order; No Right; can be cancelled under Rule 75 of the Customs Rules 2001 when Importer had already filed GD and had paid the duties and taxesRead more
Matter:-CUSTOM MATTER
194 . Const. P. 4323/2022 M.A Flour Mills (Pvt) Ltd V/S Fed. of Pakistan and Others Sindh High Court, KarachiTopic: Sales Tax
[SHC Citation: 2024- SHC-KHI - 217993 ]Change in rate of sales tax before filing of Goods Declaration; No vested right accrues in view of Section 6(1A) of the Sales Tax Act, 1990.Read more
Matter:-SALES TAX.
195 . Spl:Sales Tax Ref: A. 102/2024 Muhammad Sharif (Prop. of M/s.MSN Enterprises,Kar) V/S The Commissioner Inland Revenue Zone-III, Karachi Sindh High Court, KarachiTopic: Sales Tax
[SHC Citation: 2024- SHC-KHI - 217991 ]Discrepancy in Income Tax and Sales Tax Return; must be reconciled by taxpayerRead more
Matter:-SALES TAX.
196 . Const. P. 637/2024 Saba Farhat Rashid V/S Farhat Rashid Sindh High Court, Karachi [SHC Citation: 2024- SHC-KHI - 215843 ]
Matter:-FAMILY MATTER
197 . Const. P. 630/2024 Minnahil Ali D/o Muhammad Ali V/S Asad Ali Malik Sindh High Court, Karachi [SHC Citation: 2024- SHC-KHI - 215841 ]
Matter:-FAMILY MATTER
198 . Const. P. 638/2024 Mst. Iqra Shamim V/S Province of Sindh & Others Sindh High Court, Karachi
Matter:-HARASSMENT
199 . Const. P. 606/2024 Mishal Jawaid D/o Jawaid Saleem Khan V/S Umer Jamshed Sindh High Court, Karachi [SHC Citation: 2024- SHC-KHI - 215837 ]
Matter:-FAMILY MATTER
200 . Const. P. 52/2021 Mst. Kanwal Sabir and another V/S Humair and others Sindh High Court, Karachi [SHC Citation: 2024- SHC-KHI - 215795 ]
Matter:-FAMILY MATTER
201 . Const. P. 1606/2009 Raah-e-Raast Trust (Rgtd) V/S The Prov. of Sindh and others Sindh High Court, Karachi(Sindhi)Read more
Matter:-PUBLIC TOILETS
202 . Const. P. 1606/2009 Raah-e-Raast Trust (Rgtd) V/S The Prov. of Sindh and others Sindh High Court, Karachi(Urdu)Read more
Matter:-PUBLIC TOILETS
203 . I. A 38/2020 Mumtaz Hussain Siddiqui V/S Muhammad Tahir Sindh High Court, Karachi [SHC Citation: 2024- SHC-KHI - 214691 ]
Matter:-RECOVERY OF AMOUNT
204 . Cr.Bail 2520/2023 NASEER AHMED S/O NAZEER AHMED V/S THE STATE Sindh High Court, Karachi
Matter:-BAIL BEFORE ARREST/PRE ARREST BAIL
205 . Const. P. 543/2023 Manzoor Ahmed S/o Abdul Ghani V/S Mst. Saima Suleman and Others Sindh High Court, Karachi
Matter:-FAMILY MATTER
206 . R.A (Civil Revision) 46/2024 Moeen Ahmed Farooqui S/o Bashir Ahmed (Late) V/S Iqbal Bashir and Others Sindh High Court, Karachi [SHC Citation: 2024- SHC-KHI - 215863 ]
Matter:-AGAINST THE ORDER
207 . M.A. 47/2024 M/s. Tapal Tea (Pvt.) Limited V/S The Copyright Board and Another Sindh High Court, Karachi [SHC Citation: 2024- SHC-KHI - 215851 ]
Matter:-COPY RIGHTS
208 . Const. P. 335/2024 Mst. Sanam Wd/o Saqib Ahmed V/S Abdullah Nizamani and Others Sindh High Court, Karachi [SHC Citation: 2024- SHC-KHI - 215797 ]
Matter:-CUSTODY MATTER
209 . Const. P. 962/2022 Rashid Khan S/o Muhammad Zaman Khan V/S Honorable XXth Family Judge, Khi South and Another Sindh High Court, Karachi
Matter:-FAMILY MATTER
210 . Const. P. 1366/2023 Ameer Ali Abbas S/o Abbas Bhai V/S Learned XXI Family Judge, Karachi South & Another Sindh High Court, Karachi
Matter:-FAMILY MATTER
211 . Const. P. 1233/2023 Mst. Bibi Hoora Wd/o Haj Gul V/S Mst. Saeeda Bibi and Others Sindh High Court, Karachi
Matter:-FAMILY MATTER
212 . Const. P. 207/2024 Mst. Mehkash Thr. Attorney Muhammad Ashraf Zaib V/S Waqar Ahmed and Others Sindh High Court, Karachi [SHC Citation: 2024- SHC-KHI - 215823 ]
Matter:-FAMILY MATTER
213 . Const. P. 385/2024 Mst. Mehwish D/o Iqbal Ahmed V/S Arif Jamal and Others Sindh High Court, Karachi [SHC Citation: 2024- SHC-KHI - 215835 ]
Matter:-FAMILY MATTER
214 . M.A. 30/2024 Riazuddin Qureshi Thr. Syed Muhammad Farhaj Uddin V/S International Consumer Products (Pvt.) Ltd & Other Sindh High Court, Karachi [SHC Citation: 2024- SHC-KHI - 215847 ]
Matter:-AGAINST THE ORDER OF THE INTELLECTUAL PROPERTY
215 . Const. P. 715/2022 Mst. Farah Jabeen D/o Late Khursheed Akhter V/S Qazi Abdul Hadi and others Sindh High Court, Karachi [SHC Citation: 2024- SHC-KHI - 213627 ]
Matter:-FAMILY MATTER
216 . Const. P. 260/2023 Syed Samad Iqbal Thr. Attorney Syed Nasim Ahmed V/S Mst. Javeria Feroz and Others Sindh High Court, Karachi
Matter:-FAMILY MATTER
217 . Const. P. 340/2024 Manahil Imran and Another Thr. Imran Latif V/S Mohammad Sadiq Khurshid and Another Sindh High Court, Karachi [SHC Citation: 2024- SHC-KHI - 215827 ]
Matter:-FAMILY MATTER
218 . II.A. 86/2024 Mst. Sakina Bibi D/o Abdul Ghafoor V/S Hakim Ali Rahoojo Sindh High Court, Karachi [SHC Citation: 2024- SHC-KHI - 215845 ]
Matter:-AGAINST THE JUDGEMENT
219 . Const. P. 903/2023 Muhammad Ali S/o Muhammad Iqbal V/S Mst. Afsheen and Others Sindh High Court, Karachi
Matter:-FAMILY MATTER
220 . Const. P. 1235/2024 Sunni Ittehad Concil V/S Fed. of Pakistan and Others Sindh High Court, Karachi [SHC Citation: 2024- SHC-KHI - 211688 ]
Matter:-AGAINST ORDER (ECP)
221 . Const. P. 158/2024 Mst. Amna Khatoon W/o Shah Alam V/S Province of Sindh and others Sindh High Court, Karachi [SHC Citation: 2024- SHC-KHI - 215859 ]
Matter:-CUSTODY MATTER
222 . Civil Tran 29/2023 Mst. Atiya Abdul Karim S/o Abdul Karim V/S Sadiq Ali Khawaja and Another Sindh High Court, Karachi
Matter:-TRANSFER OF CASE
223 . Civil Tran 11/2024 Syed Haseeb Abbas Zaidi S/o Syed Qammar Abbas Zaid V/S Mst. Fizza Tatheer and Others Sindh High Court, Karachi [SHC Citation: 2024- SHC-KHI - 215865 ]
Matter:-TRANSFER OF CASE
224 . R.A (Civil Revision) 107/1989 Syed Mohammad Ala V/S Syed Dabir Ali & Ors Sindh High Court, Karachi [SHC Citation: 2024- SHC-KHI - 215803 ]
Matter:-AGAINST THE JUDGEMENT
225 . Const. P. 79/2018 William John alias William Masih Thr. Mrs. Farooq V/S Mst. Naseem Bibi & Others Sindh High Court, Karachi [SHC Citation: 2024- SHC-KHI - 213625 ]
Matter:-FAMILY MATTER
226 . Const. P. 945/2022 Mst. Kiran Yazdani and Another V/S The Learned VIIth ADJ, Khi (South) and Another Sindh High Court, Karachi [SHC Citation: 2024- SHC-KHI - 215801 ]
Matter:-FAMILY MATTER
227 . Spl.Cr.Misc 176/2024 ZAHID HUSSAIN(Proprietor M/S Orient International) V/S THE STATE & ANOTHER Sindh High Court, Karachi [SHC Citation: 2024- SHC-KHI - 215857 ]
Matter:-QUASHEMENT OF F.I.R.
228 . Const. P. 1107/2023 Mst. Syeda Maham Jafri D/o Syed Sajid Hussain V/S Khurram Shahzad and Others Sindh High Court, Karachi
Matter:-FAMILY MATTER
229 . M.A. 16/2016 Colgate Palmolive (Pakistan) Limited V/S Sante (Private) Limited and others Sindh High Court, Karachi
Matter:-TRADE MARKS ACT
230 . Criminal Miscelleneous 415/2023 MUHAMMAD AMEEN S/O ZAKRIYAWALI MUHAMMAD V/S LEARNED XITH ADJ KHI EAST & ORS Sindh High Court, Karachi
Matter:-AGAINST THE JUDGEMENT
231 . M.A. 37/2015 Zakaria Mohiuddin SIdiqui V/S The Registrar of Trademarks & Another Sindh High Court, Karachi
Matter:-TRADE MARKS ACT
232 . Const. P. 423/2022 Munsaf Khan and others V/S Government of Pakistan Thr. Privatization & others Sindh High Court, Karachi [SHC Citation: 2024- SHC-KHI - 215799 ]
Matter:-WORKMAN
233 . R.A (Civil Revision) 101/1995 Budho Khan thr:LRs V/S Mst: Hawa and other. Sindh High Court, Circuit at Hyderabad [SHC Citation: 2024- SHC-HYD - 223237 ]
Matter:-Against Judgment
234 . Const. P. 678/2022 Mohammad Faraaz Shaikh Thr. Syed Muhammad Shariq V/S Javeria Shahani and others Sindh High Court, Karachi [SHC Citation: 2024- SHC-KHI - 210051 ]
Matter:-CUSTODY MATTER
235 . Const. P. 84/2023 Parvez Ali Khaskheli V/S P.O Sindh & Others Sindh High Court, Bench at Sukkur
Matter:-EDUCATION
236 . Const. P. 84/2023 Parvez Ali Khaskheli V/S P.O Sindh & Others Sindh High Court, Bench at Sukkur
Matter:-EDUCATION
237 . Const. P. 1476/2019 Mst.Beena Durrani and another V/S M. Rehan and others Sindh High Court, Karachi
Matter:-FAMILY MATTER
238 . M.A. 34/2022 Shafi Kapadia S/o Ismail Kapadia V/S The Registrar of Trade Marks and another Sindh High Court, Karachi [SHC Citation: 2024- SHC-KHI - 215849 ]
Matter:-TRADE MARK
239 . M.A. 48/2016 Pehlaj Rai V/S The Registrar of Trade Marks & Another Sindh High Court, Karachi
Matter:-TRADE MARKS ACT
240 . R.A (Civil Revision) 4/2021 Syed Ameer Imam Naqvi S/o Syed Muhammad Taqi Naqvi V/S Nasir Khan and others Sindh High Court, Karachi
Matter:-AGAINST THE JUDGEMENT
241 . M.A. 69/2022 M/s. Meerut Cooperative Housing Society Ltd V/S Shahid Akhtar Qureshi and others Sindh High Court, Karachi [SHC Citation: 2023- SHC-KHI - 206195 ]SindhiRead more
Matter:-COOP. HOUSING SOCIETIES
242 . M.A. 69/2022 M/s. Meerut Cooperative Housing Society Ltd V/S Shahid Akhtar Qureshi and others Sindh High Court, Karachi [SHC Citation: 2023- SHC-KHI - 205262 ]The Court interpreted the Cooperative Societies Act, 1925, and its 2020 amendment, observing that the Act primarily supports broad economic activities in agriculture, not for housing schemes of affluent and influent persons. The Court directed the Chief Secretary of Sindh to ensure the Act's effective implementation in line with its original purpose and called for educational programs Bachelor degree(s) in the subject of cooperative societies.Read more
Matter:-COOP. HOUSING SOCIETIES
243 . M.A. 69/2022 M/s. Meerut Cooperative Housing Society Ltd V/S Shahid Akhtar Qureshi and others Sindh High Court, Karachi [SHC Citation: 2023- SHC-KHI - 211049 ]UrduRead more
Matter:-COOP. HOUSING SOCIETIES
244 . Const. P. 1447/2020 Yaseen Ali Ghunio V/S Govt of Pak & Others Sindh High Court, Bench at Sukkur [SHC Citation: 2023- SHC-SUK - 216739 ]CP(D) 1447/2020 Connected with CP(D) 228/2021 - Judgment in UrduRead more
Matter:-Railway Bridge
245 . Const. P. 1447/2020 Yaseen Ali Ghunio V/S Govt of Pak & Others Sindh High Court, Bench at Sukkur [SHC Citation: 2023- SHC-SUK - 216741 ]CP(D) 1447/2020 connected with CP(D) 228/2021 - Judgment in SindhiRead more
Matter:-Railway Bridge
246 . Cr.Acq.A. 56/2021 MUHAMMAD IMTIAZ S/O ALTAF HUSSAIN V/S THE STATE & ORS Sindh High Court, Karachi
Matter:-AGAINST ORDER
247 . Const. P. 6712/2020 M/s Telenor Microfinance Bank Ltd V/S Province of Sindh and Others Sindh High Court, KarachiTopic: Sindh Employees Social Security Act, 2016
[SHC Citation: 2021- SHC-KHI - 154369 ]Social Security for workersRead more
Matter:-SESSI