Honourable Chief Justice of Pakistan

Honourable Chief Justice of Pakistan
Mr.Justice Gulzar Ahmed

Cinque Terre

Honourable Chief Justice
Mr. Justice Ahmed Ali M. Shaikh

Cinque Terre

Honourable Chairman I.T. Committee
Mr. Justice Nadeem Akhtar

Latest Case Law (Approved For Reporting)
1 . Spl. Cus. Ref. A. 704/2019 Director DG I&I (Customs) V/S Abdul Hameed Sheikh & another Sindh High Court, Karachi

Topic: Customs Act, 1969

Had it been registered then perhaps the lawful presumption would have attached to such registered document but no such document constitute evidentiary value for the purposes of the impugned order passed by the Tribunal as such data of all the aforesaid documents are different and distinguishable and are not reconcilable. The impugned orders, at least of the Tribunal, is not clear at all, particularly as to on what basis the vehicle is being released as the Motor Vehicle Tax Slip, Annexure-D to the memo of Reference, discloses the identity of the subject vehicle as Toyota Crown as against claimed vehicle Toyota Surf Jeep.
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Matter:CUSTOM MATTER

2 . Const. P. 1522/2019 Irshad Ali Panhwar V/S P.O Sindh & Others Sindh High Court, Bench at Sukkur
Deceased Quota not entitled before 2002
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3 . Const. P. 1460/2019 Abdul Nabi and others V/S Province of Sindh and others Sindh High Court, Bench at Sukkur
Regularization issue
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4 . I. A 33/2020 ZTBL Bank Limited V/S Pandhi Khan and Others Sindh High Court, Bench at Sukkur
banking limitation time barred suit
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5 . Const. P. 148/2020 Qadir Bux Seelro V/S XEN SEPCO Jacobabad and others Sindh High Court, Circuit at Larkana

Topic: Service matters (Withdrawal of Petition)

At very outset, it is stated by learned counsel for the petitioner that after decision on his departmental appeal, the situation now has been changed, therefore, if the petitioner is permitted to file a fresh petition on changed situation, then he would not press the disposal of the instant constitutional petition before this Court on merits, which is not opposed by learned counsel for other side
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6 . Cr.Acq.A. 26/2021 Khair Muhammad Seelro V/S Muhammad Hassan seelro & Others Sindh High Court, Circuit at Larkana

Topic: Murder Trial (Name and description of accused is missing in FIR )

The FIR of the incident has been lodged with delay of about one day yet it does not contain the names and description of the private respondents, those were disclosed by the appellant/complainant subsequently by way of further statement. Further statement of the appellant/complainant, if any, could hardly be treated as part of FIR. In these circumstances, learned trial Court was right to record acquittal of private respondents
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7 . Const. P. 804/2012 Javed Ahmed Bughio V/S TMO KN Shah and others Sindh High Court, Circuit at Larkana

Topic: Service matters (Son quota)

The petitioner has sought for his appointment with the respondents on Son-Quota basis. No provision of law is referred, which may make the petitioner entitled for his appointment in public service by the respondents other than merits on Son-Quota basis. Consequently, the instant constitutional petition being misconceived is dismissed accordingly.
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8 . Const. P. 623/2021 Maqbool Ahmed Mahar V/S The Chairman SPSC & Others Sindh High Court, Circuit at Larkana

Topic: Sindh Public Service Commission Act 1989 (Rechecking of Papers through third party)

Be that as it may, the prayer which is sought for by the petitioner, if is allowed then it would amount to making interference with the official policy of Sindh Public Service Commission. The policy and affair of an institution could not be interfered with by this Court in exercise of its constitutional jurisdiction, only to favour an individual.
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9 . Const. P. 617/2021 Ravi Raja V/S VC SMBBMU Larkana & Others Sindh High Court, Circuit at Larkana

Topic: Service matters (Appointment)

None, who is said to have appointed by the respondents in their institution other than merits is made a party by the petitioner in his petition. Be that as it may, the cause, if any, has accrued in favour of the petitioner in year 2016/2017/2019. Where he was for intervening period? No plausible explanation to such delay is offered by him. In view of above, the instant constitutional petition being incompetent and hit by laches is dismissed in limine together with listed applications.
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10 . Cr.J.A 9/2019 Mir Hassan @ Achar Sabayo V/S The State Sindh High Court, Circuit at Larkana

Topic: CNS Act, 1997 (Lenient view on the ground of young age and no previous criminal record)

The conviction and sentence awarded to the appellant need to be modified with lenient action for the reasons that it has come on record that the appellant is young man of 40 years of the age, having no criminal record and is said to be the sole bread earner of his family, thus is capable of reformation. By not pressing disposal of his appeal on merits, apparently he has shown his genuine remorse. The appellant as per Jail Roll furnished on 23.11.2021, has already undergone 04 years, 11 months and 02 days of substantial sentence, besides this, he has also earned remission of 03 years, 00 months and 09 days, in that way he has undergone 07 years and 11 months of the imprisonment. The conviction and sentence awarded to the appellant thus is reduced to one which he has already undergone
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11 . Const. P. 519/2020 Dr. Muhammad Bachal alias Moula Bux Jakhro V/S Mukhtiar Ahmed Shaikh and others Sindh High Court, Circuit at Larkana

Topic: CONSTITUTION OF PAKISTAN, 1973 (Article 10-A )

Be that as it may, the valuable rights of the petitioner are involved in the instant matter, therefore, he could hardly be non-suited, on the basis of technicalities; Article 10-A of the Constitution of Islamic Republic of Pakistan, 1973, guarantees rights of fair trial, which could not be denied to the petitioner under any circumstance.
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12 . Const. P. 1195/2012 Khalid Hussain Sargani V/S Head Master Govt. Primary School and others Sindh High Court, Circuit at Larkana

Topic: Service matters (Fake Appointment)

No salary could be ordered to be paid on the basis of appointment order, which is alleged to be fake and bogus. Even otherwise, the appointment order of the petitioner with subsequent documents being fake or bogus or genuine is involving factual controversy, could not be resolved by this Court in exercise of its constitutional jurisdiction.
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13 . Cr.Bail 257/2021 PC-Saifal Jakhrani V/S The State Sindh High Court, Circuit at Larkana

Topic: Criminal Pre Arrest Bail (Bail Dismissed), Criminal Pre Arrest Bail (Injury on non-vital part of body)

No doubt, the injury sustained by PW Mithal on his left leg is non vital part of his body, but gravity of the offence as a whole could not be lost sight of. There appears reasonable ground to believe that the applicant is guilty of the offence for which he has been charged. No case for grant of pre-arrest bail in favour of the applicant is made out. Consequently, the instant bail application is dismissed.
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14 . R.A (Civil Revision) 145/2011 Khadim Hussain and others V/S Tarique Hussain and others Sindh High Court, Bench at Sukkur

Topic: Specific Performance (Limitation)

On perusal of aforesaid findings, it appears that the Appellate Court was fully justified in holding that the Suit was time barred and I am fully in agreement that the findings of the learned Appellate Court, wherein it is held that the Suit is time barred. As to remaining issues, once it is held that the Suit was by itself time barred, then other issues were not required to be decided and for this reason I need not go into other aspect of the matter.
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15 . Cr.Bail 387/2021 Badaruddin Shown @ Badar Pathan V/S The State Sindh High Court, Circuit at Larkana

Topic: Criminal Pre Arrest Bail (Torch light as weak piece of evidence), Criminal Pre Arrest Bail (Bail Confirmed)

The identity of the applicant under torch lights is appearing to be weak piece of evidence. None from the complainant side has sustained fire shot injury. The complainant now by filing his affidavit has recorded no objection to grant of pre-arrest bail to the applicant. In these circumstances, a case for grant of pre-arrest bail obviously is made out in favour of the applicant on point of malafide.
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16 . Cr.Bail 509/2021 Saddam Hussain Mugheri V/S The State Sindh High Court, Circuit at Larkana

Topic: Criminal After Arrest Bail (Delay in registration of FIR)

The FIR of the incident has been lodged with delay of about eight months and such delay having not been explained plausibly could not be overlooked. It was night time incident, therefore, the identity of applicant under light of bulbs is appearing to be weak piece of evidence. Nothing has been secured from the applicant even after his arrest. The case has finally been challaned and there is no apprehension of tampering with the evidence on the part of applicant
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17 . Cr.Bail 321/2021 Iqbal Hussain Soomro V/S The State Sindh High Court, Circuit at Larkana

Topic: Criminal Pre Arrest Bail (Bail Confirmed), Criminal Pre Arrest Bail (Injury on non-vital part of body)

The FIR of the incident has been lodged with delay of about 18 days and such delay having not been explained plausibly could not be overlooked. The complainant though was fired at directly but he managed to escape such fire which appears to be mysterious. The fire shot injury sustained by PW Mst.Raheela even otherwise is not on vital part of her body and it is not falling within prohibitory clause of Section 497 Cr.PC. On investigation, the applicant has been found to be innocent by police. In these circumstances, a case for grant of pre-arrest bail on point of malafide in favour of the applicant obviously is made out.
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18 . Criminal Appeal 65/2020 Ahmed Khan Brohi and another V/S The State Sindh High Court, Circuit at Larkana

Topic: CONSTITUTION OF PAKISTAN, 1973 (Article 10-A )

On perusal of record, it reveals that the appellants have been arrested by ASI Azhar Iqbal of P.S, Maripur Karachi, and on arrest from them, he has recovered the alleged abductee, who then as per abductee was produced by him before the Court at Karachi. He being star witness to prove the arrest and recovery has not been examined by the prosecution. His non examination obviously has prejudiced the appellants seriously in their defence, which is contrary to the mandate contained by Article 10-A of the Constitution of Islamic Republic of Pakistan, 1973.
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19 . Cr.Misc. 139/2021 Sajid Ali Channa V/S 2nd Civil Judge & JM Kashmore and others Sindh High Court, Circuit at Larkana

Topic: Application under section 561-A Cr.PC (Plea of Alibi)

The investigating officer was not justified to have recommended cancellation of FIR by accepting the plea of ???Alibi??? which was raised before him by the applicant. By undertaking such exercise, the investigating officer of the case has obviously encroached upon the powers of the Court, which alone is competent to declare the accused under accusation to be innocent or otherwise that too after full dress trial.
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20 . Criminal Appeal 24/2021 Khan Muhammad Kourejo V/S The State Sindh High Court, Circuit at Larkana

Topic: Criminal Trial (Joint trial of main and offshoot/connected cases)

The appellant is alleged to have committed murder of Muhammad Uris and Muhammad Shahban by causing them fire shot injuries with pistol, the subject matter of the present case. In that situation, in order to avoid conflicting opinion on point of recovery of weapon and its use in main murder case, it was expected by the learned trial Court to have proceeded with the recovery case of weapon, together with main murder case side by side, if not jointly. The opinion which is arrived at by learned trial Court with regard to recovery of the weapon has prejudiced the appellant in his defence seriously which is contrary to the mandate contained by Article 10-A of the Constitution of Islamic Republic of Pakistan, 1973.
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21 . Cr.Misc. 404/2021 Manzoor Ali and Others V/S The State and Another Sindh High Court, Circuit at Larkana

Topic: Application under section 561-A Cr.PC (Opinion of police has no binding effect on the Courts)

It is settled by now that the opinion of the police has got no binding effect on the Courts and the Courts have to form its own opinion while taking cognizance of the case/offence. The applicants are named in FIR by complainant Mst.Sallah Khatoon with specific allegation of committing murder of her son Zahid Ali by causing him fire shot injuries; such allegation ought not to have been brushed aside by the investigating officer by declaring the applicants to be innocent, on the basis of evidence produced by them in their defence in shape of so called independent persons. By undertaking such an exercise, the investigating officer of the case has obviously encroached upon the powers of the Court, which alone is competent to declare the accused under accusation to be innocent or otherwise that too after full dress trial
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22 . Cr.Bail 2045/2021 MUHAMMAD ARIF SHAH S/O AKHTAR HUSSAIN V/S THE STATE Sindh High Court, Karachi

Topic: Criminal After Arrest Bail (Gas (Theft, Control and Recovery) Act, 2016)

learned counsel for the SSGC during hearing has also given his no objection if the applicant is released on bail. Apart from above, there is nothing on record to show that the Applicant had earlier remained involved in cases of similar nature or is a previous convict. Furthermore, he has been in jail since February, 2021 and the PWs cited in the challan are officers of SSGC or police, deputed at SSGC Police Station.
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Matter:BAIL AFTER ARREST

23 . Cr.Acctt.A 15/2021 IQBAL SHAFIQ S/O SHAFIQUDDIN KHAN V/S THE STATE Sindh High Court, Karachi

Topic: National Accountability Ordinance, 1999

The learned trial Court after scrutinizing the material available on record convicted the appellants on the ground that they being holders of public office misused their authority and caused huge loss to the national exchequer. There is no denial to the fact that the learned trial Court had taken into account all the aspects of the matter as well as the submissions raised by the learned counsel for the appellants minutely and found the appellants guilty of the offence with which they have been charged.
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Matter:IMPRISONMENT UPTO 7 YEARS

24 . Const. P. 3119/2021 Iqbal Shafiq V/S The State Thru DG NAB Sindh High Court, Karachi
NAB matter - Post-arrest bail
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Matter:BAIL AFTER ARREST

25 . Cr.Acctt.A 15/2021 IQBAL SHAFIQ S/O SHAFIQUDDIN KHAN V/S THE STATE Sindh High Court, Karachi

Topic: National Accountability Ordinance, 1999

The learned trial Court after scrutinizing the material available on record convicted the appellants on the ground that they being holders of public office misused their authority and caused huge loss to the national exchequer. There is no denial to the fact that the learned trial Court had taken into account all the aspects of the matter as well as the submissions raised by the learned counsel for the appellants minutely and found the appellants guilty of the offence with which they have been charged.
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Matter:IMPRISONMENT UPTO 7 YEARS

26 . Cr.J.A 14/2018 Zawar Ali @ Dado Shah Syed V/S The State Sindh High Court, Circuit at Larkana

Topic: Murder Trial (Presumption regarding non-examination of Pws under Article 129 of Qanun-e-Shahadat Order, 1984,)

The presumption which could be drawn of their non examination under Article 129 of Qanun-e-Shahadat Order, 1984, would be that they were not going to support the case prosecution. As per Investigating Officer/SIP Karim Bux, on arrest from the appellant was secured T.T pistol of 30 bore, allegedly used by him in commission of the incident, it was sent by him to Expert for FSL report. No such report however is brought on record of this case. In these circumstances, it would be hard to maintain the conviction against the appellant on the basis of recovery of crime weapon alone. Thus, it would be safe to conclude that the prosecution has not been able to prove the involvement of the appellant in commission of the incident beyond the shadow of doubt.
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27 . Cr.J.A 15/2018 Zawar Ali @ Dado Shah Syed V/S The State Sindh High Court, Circuit at Larkana

Topic: Criminal Trial (Mitigating Circumstances)

The conviction/sentence awarded to the appellant needs to be modified with lenient action for the reasons that it has come on record that the appellant is young man of 35 years of the age and is appearing to be capable of reformation. By not pressing the disposal of his appeal on merits, he obviously has shown his genuine remorse. The appellant as per Jail Roll has already undergone 04 years 04 months and 18 days of substantial sentence. By considering these factors as special mitigating circumstances, the imprisonment of five years awarded to the appellant is reduced to one which he has already undergone.
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28 . Const. P. 1976/2021 Syed Naeem Akhtar V/S State / NAB Sindh High Court, Karachi

Topic: National Accountability Ordinance, 1999

The learned trial Court after scrutinizing the material available on record convicted the appellants on the ground that they being holders of public office misused their authority and caused huge loss to the national exchequer. There is no denial to the fact that the learned trial Court had taken into account all the aspects of the matter as well as the submissions raised by the learned counsel for the appellants minutely and found the appellants guilty of the offence with which they have been charged.
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Matter:BAIL AFTER ARREST

29 . Criminal Appeal 25/2017 Mubarak Bozdar V/S The State Sindh High Court, Circuit at Larkana

Topic: Murder Trial (No Objection by Complainant for acquittal of accused )

The complainant of the case now by filing his affidavit has also recorded no objection to acquittal of the appellant. His no objection to acquittal of the appellant could not be overlooked. In these circumstances, it could be concluded safely that the prosecution has not been able to prove its case against the appellant beyond shadow of doubt and to such benefit, he is found entitled.
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30 . Criminal Appeal 53/2020 Ranjhan Magsi & another V/S The State Sindh High Court, Circuit at Larkana

Topic: Murder Trial (Compromise u/s 345(6) Cr.P.C)

The compromise arrived at between the parties is appearing to be genuine, true and voluntarily. It is not objected by anyone, it is therefore, accepted in the best interest of peace and brotherhood to be prevailed between them. Consequently, the appellants are acquitted of the offence punishable u/s 302(b) PPC by way of compromise u/s 345(6) Cr.PC. They shall be released forthwith in the present case.
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31 . Cr.Tran 49/2020 Gul Bahar Jorkhani Mazari V/S The State & others Sindh High Court, Circuit at Larkana

Topic: Transfer Application (Dismissed), Transfer Application (Unsecure and threat to life)

As per comments furnished by learned trial Court, co-accused Mehrab has already been acquitted and the case against the private respondents now is proceeding. In that situation, seeking transfer of his case by the applicant outside district Kashmore @ Kandhkot under the pretext of apprehending danger to his life at the hands of accused is appearing to be false and attempt on his part to defeat early disposal of his case against the private respondents, which could not be permitted
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32 . Const. P. 1977/2021 Syed Naeem Akhtar V/S State / NAB Sindh High Court, Karachi
NAB matter - Post-arrest bail
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Matter:BAIL AFTER ARREST

33 . Const. P. 3118/2021 Iqbal Shafiq V/S The State thru DG NAB Sindh High Court, Karachi
NAB matter - Post-arrest bail
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Matter:BAIL AFTER ARREST

34 . Const. P. 6524/2019 Muhammad Arif Kasmani & Others V/S Province of Sindh & Others Sindh High Court, Karachi

Topic: Possession by government department cannot be termed as land grabbing

Besides, the survey numbers claimed by the petitioners in this petition do not find mention in the said Deh For VII-B, while the survey numbers mentioned therein are on the name of Circular Railway. The petitioners have also annexed some other documents with this petition in support of their claim but the same also do not bear their names as owners. As per claim of the petitioners the subject land is occupied by respondents No. 6 & 7 and other housing societies, the possession of government or semi-government departments cannot be termed as land grabbing. This petition being devoid of any merit is; therefore, dismissed accordingly, alongwith listed application.
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Matter:LAND MATTERS

35 . Cr.Acctt.A 14/2021 IQBAL SHAFIQ S/O SHAFIQ UDDIN KHAN V/S THE STATE Sindh High Court, Karachi
NAB matter - Appeal against conviction
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Matter:IMPRISONMENT UPTO 7 YEARS

36 . Cr.Acctt.A 13/2021 IMRAN GHANI S/O USMAN GHANI V/S THE STATE Sindh High Court, Karachi

Topic: National Accountability Ordinance, 1999

The learned trial Court after scrutinizing the material available on record convicted the appellants on the ground that they being holders of public office misused their authority and caused huge loss to the national exchequer. There is no denial to the fact that the learned trial Court had taken into account all the aspects of the matter as well as the submissions raised by the learned counsel for the appellants minutely and found the appellants guilty of the offence with which they have been charged.
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Matter:IMPRISONMENT UPTO 7 YEARS

37 . Const. P. 1334/2021 M. Tariq Mansoor Advocate V/S Fed. of Pakistan & Ors Sindh High Court, Karachi
Matter:DIRECTION

38 . Cr.Acctt.A 9/2021 SYED NAEEM AKHTAR S/O SYED TAHHZEEB AKHTAR V/S THE STATE/NAB Sindh High Court, Karachi

Topic: National Accountability Ordinance, 1999

The learned trial Court after scrutinizing the material available on record convicted the appellants on the ground that they being holders of public office misused their authority and caused huge loss to the national exchequer. There is no denial to the fact that the learned trial Court had taken into account all the aspects of the matter as well as the submissions raised by the learned counsel for the appellants minutely and found the appellants guilty of the offence with which they have been charged.
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Matter:IMPRISONMENT UPTO 7 YEARS

39 . Cr.Bail 672/2021 Abdul Hameed V/S The State Sindh High Court, Bench at Sukkur

Topic: CNS Act, 1997 (Non-association of private witness)

The place of incident is public thoroughfare as it is a transport Ada where so many people including the transporter used to remain available; however, none from them was associated as witness in this case. No doubt, applicability of Section 103 Cr.P.C is ousted under the Act, yet Police Officer went to charge a person for the offence which carries punishment in shape of his detention then it was incumbent upon the Police Officer to associate independent person for witnessing the recovery proceedings.
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40 . Const. P. 4770/2021 Syed Muhammad Tauheed V/S Province of Sindh and Others Sindh High Court, Karachi

Topic: Implementation of order of Provincial Ombudsman

Petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973 Though the petitioner has not specifically prayed for the implementation of the order of Provincial Ombudsman dated 30th December, 2014 in the instant petition; however, it is an admitted position that the relief claimed by the petitioner through instant petition was already agitated by him before the Provincial Ombudsman, who adjudicated the same vide aforementioned order. We are not impressed with the arguments of learned counsel for the petitioner that no efficacious remedy is available to the petitioner for getting the order of Provincial Ombudsman implemented, in view of section 11(5) of The Establishment of the Office of Ombudsmen for the Province of Sindh Act, 1991, which provides that ???If the Agency concerned does not comply with the recommendations of the Ombudsman or does not give reasons to the satisfaction of the Ombudsman for non-compliance, it shall be treated as "Defiance of Recommendations" and shall be dealt with as hereinafter provided???. Section 12 (1) ibid provides that ???If there is a "Defiance of Recommendations" by the public servant in any Agency with regard to the implementation of a recommendation given by the Ombudsman, the Ombudsman may refer the matter to the Chief Minister who may, in his discretion, direct the Agency to implement the recommendation and inform the Ombudsman accordingly???. We are; therefore, of the view that the Provincial Ombudsman is duly empowered to get his order implemented under the aforesaid Act and the remedy which is equally efficacious lies before him in terms of Section 11(5) and 12(1) ibid. We are also of the considered view that the instant petition is not maintainable in law as the same has been filed by a stranger, as it appears that the subject plot was allotted to one Syed Muhammad Tauheed (S. M. Tauheed) while the instant petition has been filed through one Parvaiz Arshad, claiming to be the Attorney of the petitioner. Copy of the General Power of Attorney (GPA) is available as annexure ???P??? at page 19 of the memo of petition. It appears from the perusal of the said GPA that it has not been executed by the petitioner but by one Muzammil Syed s/o S. M. Tauheed. No authority has been annexed with the memo of petition to establish that executor/principal of the said GPA, namely, Muzammil Syed has an authority to act on behalf of petitioner Syed Muhammad Tauheed and to appoint Parvaiz Arshad as his Attorney. Moreover, the GPA is though attested by the Attache, Consulate General of Pakistan at Houston (U.S.A.) but the same is not duly charged with duty. Power of Attorney as defined by section 2(21) of the Stamps Act, 1899 is required under section 3 (ibid) to be charged with duty of the amount indicated in the Schedule-I. Under Article 27(c) of the Sindh Schedule Stamp-Duty on Instrument GPA is to be charged with duty of five hundred rupees. Section 35 (ibid) imposes an absolute bar against acting upon the instrument not duly stamped. Hence, Parvaiz Arshad has no legal capacity to act on behalf of petitioner Syed Muhammad Tauheed and to file the instant petition. For the foregoing facts and reasons, this petition being devoid of legal merit is accordingly dismissed in limine, alongwith listed application.
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Matter:PROPERTY MATTER

41 . Cr.Acctt.A 10/2021 SYED NAEEM AKHTAR S/O SYED TAHZEEB AKHTAR V/S THE STATE / NAB Sindh High Court, Karachi
NAB matter - Appeal against conviction
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Matter:IMPRISONMENT UPTO 7 YEARS

42 . Cr.J.A 26/2020 Muhammad Azeem Lolai V/S The State Sindh High Court, Circuit at Larkana
Against Order of Trial Court (Death Sentence)
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43 . Const. P. 592/2021 Amanat Ali Jakhrani & Anther V/S P.O Sindh & Others Sindh High Court, Circuit at Larkana
Appointment
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44 . Criminal Appeal 15/2020 Abdul Majeed Awan V/S The State Sindh High Court, Circuit at Larkana
Against Order of Trial Court (Death Sentence)
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45 . Const. P. 630/2021 Sandesh Kumar & Others V/S P.O Sindh through Sect: Local Govt: & Others Sindh High Court, Circuit at Larkana
Others
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46 . Const. P. 626/2021 Khalid Hussain Khoso V/S P.O Sindh through Sect: E&L Dept & Others Sindh High Court, Circuit at Larkana

Topic: Petition against Government official for legal action

The direction sought for by the petitioner could hardly be issued by this Court in exercise of its constitutional jurisdiction. Consequently, the instant constitutional petition being misconceived is dismissed with an advice to the petitioner to approach the Director of School Education (Primary) Larkana and others personally for action against Sajid Ali, a Primary School Teacher posted at Government (Boys) Primary School, Shahdadkot.
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47 . Criminal Appeal 17/2020 Abdul Majeed Awan V/S The State Sindh High Court, Circuit at Larkana
Against Order of Trial Court(Upto 7 Years)
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48 . Const. P. 629/2021 Nirmal Das & Others V/S P.O Sindh through Sect: Local Govt: & Others Sindh High Court, Circuit at Larkana
Others
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49 . Cr.J.A 72/2018 Shahmir Jagirani V/S The State Sindh High Court, Circuit at Larkana
Against Order of Trial Court (Death Sentence)
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50 . Cr.Misc. 11/2021 Akhtar Hussain Bajkani V/S Soecial Judge, ATC Kashmore @ Kandhkot & another Sindh High Court, Circuit at Larkana
Against Order of Trial Court
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51 . Criminal Appeal 8/2021 Gul Khan Jatoi V/S The State Sindh High Court, Circuit at Larkana
Against Order of Trial Court(Upto 7 Years)
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52 . Const. P. 5539/2017 Mst Aysha Begum V/S Province of Sindh & Ors Sindh High Court, Karachi [SHC Citation: 2021- SHC-KHI - 155423 ]
Bonafide purchaser for value without notice ??? Rule will apply where purchasers are not equally at fault with their predecessors. Property purchased on the basis of official record and transactions spreading over many years and did not change hands in quick succession showing undue haste, hence 5th owner cannot be penalized. Responsible officials of KDA to be dealt with strictly, DG KDA directed to hold enquiry and fix responsibility on officials involved in committing illegality and fraud, whether in service or retired, alive or dead, should be mentioned in the Inquiry Report. An alternate plot of same value and utility be allotted to the petitioner. Cost of Rs.100,000/- is imposed on respondent KDA payable to the petitioner.
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Matter:PROPERTY MATTER

53 . Const. P. 5113/2021 OBS Pakistan Ltd V/S Fed. of Pakistan and Others Sindh High Court, Karachi

Topic: Income Tax Ordinance, 2001 (Section 239 ), Income Tax Ordinance, 2001 (Section 221), Income Tax Ordinance, 2001 (S.170), Workers" Welfare Fund Ordinance, 1971 (section 4(1))

[SHC Citation: 2021- SHC-KHI - 155345 ]
The impugned Circular has only restored the process of Section 170 of Ordinance 2001 for claiming refund only however actions which have already been taken thereunder are not open for a scrutiny at least under Section 221 of Ordinance 2001. For convenience however we may say that impugned Circular has prospective effect only. The adjustments made and allowed on the basis of Circular 4 cannot be subjected to provisions of Section 221 of Ordinance 2001. Applications made under section 170 of Ordinance 2001 for refund has the limitation of three years in terms of Section 170(2) i.e. deemed assessment or when tax was paid whereas deemed assessment itself could be subjected to amendment within five years of such deemed assessment hence the purpose which cannot be achieved under Section 170 is available under other provisions of Ordinance 2001.
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Matter:INCOME TAX

54 . Const. P. 5764/2020 Syed Gulzar Khan V/S Khuda Bux and Ors Sindh High Court, Karachi
Matter:AGAINST ORDER

55 . Const. P. 3537/2015 M/s Well Come Pakistan V/S Fed. Of Pakistan and ors Sindh High Court, Karachi
Matter:HARASSMENT

56 . Const. P. 5491/2020 Makhdoom Toufiq Ahmed V/S Province of Sindh and Others Sindh High Court, Karachi
Matter:DIRECTION

57 . Const. P. 502/2021 Ghazi Abbas Solangi V/S Secretary Local Govt. Govt. of Sindh & Others Sindh High Court, Circuit at Larkana
Against Illegal Posting
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58 . Cr.Tran 4/2021 Wakeel Ahmed Jaffery V/S Hafeezullah Pahore & another Sindh High Court, Circuit at Larkana
For Case Transfer
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59 . Const. P. 556/2021 Raja Solangi V/S SHO P.S Radhan Station, Distt: Dadu & others Sindh High Court, Circuit at Larkana
Quashement of F.I.R.
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60 . Cr.J.A 81/2019 Alim Khan Badeni V/S the state Sindh High Court, Circuit at Larkana
Against Order of Trial Court(Narcotics Upto 7 Years)
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61 . Const. P. 624/2021 Mehboob Ali Khokhar V/S SHO PS Garhi Khero Dist: Jacobabad & Others Sindh High Court, Circuit at Larkana
Quashement of F.I.R.
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62 . Cr.Rev 9/2021 Wakeel Ahmed Jaffery & Others V/S Hafeezullah Pahore & another Sindh High Court, Circuit at Larkana
Against Order of Trial Court
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63 . Civil Ref. 2/2018 Assistant Chief Inspector of Stamps V/S .. Sindh High Court, Karachi

Topic: Stamps Act, 1899 (Sections 27), Stamps Act, 1899 (Sections 57), Stamps Act, 1899 (Sections 56)

[SHC Citation: 2021- SHC-KHI - 155322 ]
The Court had itself observed that the valuation done by the family Court was for a particular purpose and since it was not a decree of a Court the valuation so carried out was not binding. And then the Court went on to observe that even if there is a decree of the Court, the stamp duty would be payable as per Valuation Table. Though on facts the said judgment is not relevant; nonetheless, since it has been cited before this Full Bench, therefore, we are compelled to hold that we do not approve such observations made by the Division Bench in the aforesaid paragraph. Had it been in performance of decree, an instrument is being registered, it ought to be on the basis of value determined in the decree and/or agreement entered into for which performance is to be made in terms of Court decree. In such situation there was no occasion for altering/undervaluing the property to avoid stamp duty as the value is already determined by Court of law or decree. It is only in case when the property has changed its status lawfully i.e. from a built-up property to an open plot or from a semi-constructed property to a fully constructed property, the value of the property may be altered in instrument sought to be registered. Thus, when the property sold out on the basis of a decree, which decree has valued the property in question, then the right of valuing the property does not rest with the vendor and vendee and/or the concerned authority. H
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Matter:STAMP DUTY

64 . Suit 240/1971 AMIR ALI V/S GUL SHAKER & ORS. Sindh High Court, Karachi
Matter:ADMINISTRATION

65 . Cr.Bail 219/2021 Abdul Latif Shah V/S The State Sindh High Court, Circuit at Larkana
BAIL BEFORE ARREST
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66 . Cr.Tran 79/2021 Khadim Hussain Shaikh V/S Qadeer @ Qado Lakhair & Others Sindh High Court, Circuit at Larkana
For Case Transfer
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67 . Cr.Misc. 25/2021 Shah Nawaz Khoso & another V/S The State & another Sindh High Court, Circuit at Larkana
Set Aside Order
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68 . Cr.Misc. 81/2020 Abdul Sattar Thaheem V/S SSP Shikarpur & Others Sindh High Court, Circuit at Larkana
22 A-B
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69 . Cr.Bail 492/2021 Muhammad Asif Brohi & another V/S The State Sindh High Court, Circuit at Larkana
Post Arrest Bail
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70 . Criminal Appeal 76/2021 Muhammad Saleh Memon & Ors V/S The State Sindh High Court, Circuit at Larkana
Against Order of Trial Court(Upto 7 Years)
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71 . Cr.Rev 54/2020 Mir Khan Soomro V/S The State & Others Sindh High Court, Circuit at Larkana
Against Order of Trial Court
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72 . Cr.Bail 494/2021 Qalandar Bux Dashti V/S The State Sindh High Court, Circuit at Larkana
Post Arrest Bail
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73 . Cr.Bail 1655/2021 NIZAM @ NIZAMI S/O MUHAMMAD HASSAN V/S THE STATE Sindh High Court, Karachi [SHC Citation: 2021- SHC-KHI - 155298 ]
In view of the above, the instant bail application is dismissed with direction to the learned trial Court to conclude the trial of the subject case within three (03) months strictly in accordance with law. Let this order be communicated to the learned trial Court for compliance.
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Matter:BAIL AFTER ARREST

74 . Cr.Bail 1161/2021 MUHAMMAD WALEED S/O ABDUL WAHEED V/S THE STATE Sindh High Court, Karachi [SHC Citation: 2021- SHC-KHI - 155295 ]
In view of the above, the applicant / accused has made out a case for the grant of bail. Accordingly, the interim pre-arrest bail granted to him vide order dated 08.07.2021 is hereby confirmed on the same terms and conditions.
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Matter:BAIL BEFORE ARREST

75 . Cr.Misc. 172/2021 Abdul Lateef Noonari V/S SSP Kashmore @ Kandhkot and others Sindh High Court, Circuit at Larkana
22 A-B
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76 . Criminal Appeal 28/2021 Mumtaz Ali Panhwar V/S The State Sindh High Court, Circuit at Larkana
Against Order of Trial Court(Upto 7 Years)
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77 . Criminal Appeal 52/2020 Ranjhan Magsi V/S The State Sindh High Court, Circuit at Larkana
Against Order of Trial Court(Upto 7 Years)
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78 . Cr.Bail 353/2021 Tahir @ Tahir Ahmed @ Aloo Shaikh V/S The State Sindh High Court, Circuit at Larkana
Post Arrest Bail
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79 . Const. P. 389/2021 Mst. Aisha Mahar V/S SHO PS Rustam Dist: Shikarpur & Others Sindh High Court, Circuit at Larkana
Harasment
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80 . Cr.Tran 76/2021 Imtiaz Ali Jatoi V/S The State & others Sindh High Court, Circuit at Larkana
For Case Transfer
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81 . Cr.Bail 409/2021 Masood Jamali V/S The State Sindh High Court, Circuit at Larkana
Post Arrest Bail
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82 . Const. P. 2775/2021 Khawaja Hassan Wadood V/S Fed. of Pakistan and Others Sindh High Court, Karachi
Matter:DIRECTION

83 . Cr.J.A 17/2021 Muhammad Agha V/S The State Sindh High Court, Circuit at Larkana
Against Order of Trial Court(Upto 7 Years)
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84 . Criminal Appeal 3/2021 Sarfaraz @ Pappi Panhwar V/S The State Sindh High Court, Circuit at Larkana
Against Order of Trial Court(Narcotics Upto 7 Years)
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85 . Const. P. 554/2021 Dr. Farukh Imtiaz Bhanbhro V/S P.O Sindh & Others Sindh High Court, Bench at Sukkur

Topic: CONSTITUTION OF PAKISTAN, 1973

Petitioner has sought pleased to issue writ declaring thereby the acts of respondents of withdrawing the NOCs and cancelling the notification. Petitioner was employee of Khairpur Medical University .Petitioner was allowed to join health department, Government of Sindh as Senior Medical Officer (BS-18) was issued on the basis of NOCs and later on such NOCs were cancelled and on such basis a notification, after its cancellation does not exist in field. Petitioner will remain in BS-18 and no any change has been made in his service, therefore, we see no justification to set-aside the impugned notification. Resultantly, this petition is dismissed.
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86 . Const. P. 603/2021 Bilal Qureshi V/S Chief Secretary Govt: of Sindh & Others Sindh High Court, Circuit at Larkana
Against Illegal Posting
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87 . Const. P. 184/2021 Mst. Jashna Khatoon V/S Province of Sindh and others Sindh High Court, Circuit at Larkana
Disable Quota
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88 . Const. P. 808/2021 Shahzado Dreho V/S P.O Sindh & Others Sindh High Court, Bench at Sukkur

Topic: CONSTITUTION OF PAKISTAN, 1973

Petitioner has sought declaration that the Respondent was not eligible to contest the Election of High Court Bar. Petitioner was confronted as to the maintainability of this Petition and was asked to satisfy, he was also given a chance to withdraw this Petition. This Petition is misconceived and is not maintainable on two grounds. Firstly, since the Petitioner has himself availed alternate remedy by way of an Election Appeal, then at the same time he cannot invoke this constitutional jurisdiction and seek the same relief, for which he has already availed alternate remedy before Sindh Bar Council. Secondly, even otherwise, no writ is maintainable against a Provincial Bar Council or High Court Bar .since the Petitioner had refused to take option of withdrawing this Petition and to pursue alternate remedy already availed, we had dismissed this petition with cost of Rs.5000/.
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89 . Const. P. 418/2021 Mst: Parveen Bibi & Others V/S SHO PS Kashmore & Others Sindh High Court, Circuit at Larkana
Quashement of F.I.R.
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90 . Const. P. 6344/2019 Dr. Jagdesh & Ors V/S Province of Sindh & Others Sindh High Court, Karachi

Topic: Sindh Civil Servant Welfare Fund Ordinance 1979 (Group Insurance)

[SHC Citation: 2021- SHC-KHI - 155340 ]
Group insurance to employees of Government of Sindh, the Sindh Civil Servants Welfare Fund Ordinance 1979 and Sindh Civil Servants Welfare Fund Rules, 1980, Boards for administration of the Funds, State life insurance corporation: Khyber Pukhtunkhwa Civil Servant Retirement Benefits and Death Compensation Act 2014, Khyber Pakhtunkhwa Civil Servants Retirement Benefits and Death Compensation (amendment) Act No.V of 2016, judgment of the Peshawar High Court in case of Fida Muhammad Durrani and judgment of Islamabad High Court in case of Muhammad Rehan Khan; advice by Advocate General Sindh to the Government of Sindh with regard to amendment in existing law/rules.
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Matter:INSURANCE

91 . Const. P. 2672/2018 M/s Illahi Bux Ansari & Bros V/S Govt of Sindh & Ors Sindh High Court, Karachi
Matter:TENDER

92 . Const. P. 6204/2021 Raju V/S Dist Judge South Karachi and Others Sindh High Court, Karachi
Matter:AGAINST ORDER

93 . Const. P. 462/2021 Sultan Ahmed Solangi V/S Director Health Services, Hyderabad & Others Sindh High Court, Circuit at Larkana [SHC Citation: 2021- SHC-LRK - 155303 ]
RELEASING OF SALARY
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94 . Const. P. 225/2017 M/s. Fauji Fertilizer Company Ltd. V/S Syed Jawed Ali Shah & Ors. Sindh High Court, Bench at Sukkur

Topic: CONSTITUTION OF PAKISTAN, 1973

Petitioner has impugned Order passed by Full Bench of NIRC and passed by Member NIRC, Sukkur Bench. Present Petition is concerned, same was filed against two interim and interlocutory orders .passed by Full Bench of NIRC and Member C.P. NIRC, respectively. During pendency of this Petition, the Full Bench of NIRC, at Karachi has decided the Appeal against the Petitioner . This appears to be a conscious attempt on the part of the Petitioner and its Counsel not to disclose correct facts before the learned Division Bench at the Principal Seat. In fact, the bench was misled and was made to believe that instant petition is not only pending, but so also it involved the main issue, whereas, this is an incorrect statement. Rather, even if this petition had been pending and not dismissed in Non-prosecution, it had already become infructuous. Considering all these facts and after hearing the Petitioner???s Counsel, we had given him an option to withdraw this Petition to which he has not conceded, therefore, by way of a short order in the earlier part of the day this Petition was dismissed with costs of Rs.50,000.00.
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95 . Const. P. 1260/2012 Mumtaz Ali Kalhoro V/S E.D.O Education Larkana and others Sindh High Court, Circuit at Larkana
Plot Donor
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96 . Const. P. 1538/2020 Dr.. Haji Muhammad Soomro V/S P.O Sindh and others Sindh High Court, Bench at Sukkur

Topic: CONSTITUTION OF PAKISTAN, 1973

Petitioner has sought direct the respondents to pay Rs 200425, as pay for performance . Petitioner has appeared in person and has argued that after retirement from Government service at the age of 60 years, he was appointed in Peoples Primary Healthcare Initiative (???PPHI???) as a Medical Officer, and now after attaining the age of 70 years, he stands retired. PPHI is an NGO registered under Section 42 of the Companies Act, whereas, the Petitioner himself admits that he was given employment after his retirement from Government service and worked till the age of 70 years, which reflects that PPHI does not follow the Government Rules for employment; Perusal of the aforesaid statistics and figures given by the Respondents reflects that apparently the Petitioner never qualified for payment of such performance pay. , it may also be noted that all along the Petitioner continued with his service with PPHI and during all this period he never agitated or came before the Court for redressal of his grievance, if any. It is only after he has retired that he has come up with this plea that he is entitled for payment of performance award. Petition stands dismissed.
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97 . Const. P. 963/2021 Khadim Hussain Khuharo V/S P.O Sindh & others Sindh High Court, Bench at Sukkur

Topic: CONSTITUTION OF PAKISTAN, 1973

Petitioner has sought direct the Respondent No.4 & 5 to demarcate the land bearing Survey No.99 admeasuring area of 01-10 acres of the Asaish land ,To direct the Respondent No.02 to get vacate the Asaish Land, To restrain the Respondent No.08 not to cultivate the Asaish. The only case of the Petitioner is that some land has been encroached upon by Respondent No.8, and in that case if the said land is a public property as claimed, the Petitioner can approach the Anti-Encroachment Tribunal. Petition stands dismissed.
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98 . Const. P. 1871/2017 Altaf Ahmed Gujar V/S P.O Sindh & others Sindh High Court, Bench at Sukkur

Topic: Service matters (Deceased quota)

In view of the above and the Judgment of the Hon???ble Supreme Court, the Petitioner does not appear to be entitled to be appointed under Deceased Quota, as the Policy in the present case was introduced in the year 2002, whereas Petitioner???s father had expired on 19.02.1988, therefore, this Petition being misconceived is hereby dismissed.
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99 . Const. P. 6560/2021 Mirza Mahmood Baig V/S Province of Sindh and Others Sindh High Court, Karachi
Matter:AGAINST ORDER OF CIVIL REVISION (CR)

100 . Criminal Appeal 51/2021 Muhkum Din @ Lawa Sundrani Bugti and Another V/S The State Sindh High Court, Circuit at Larkana
Against Order of Trial Court(Upto 7 Years)
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101 . Criminal Appeal 48/2021 Majid Khoso V/S The State Sindh High Court, Circuit at Larkana
Set Aside Order
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102 . Cr.Acctt.A 113/2020 Muhammad Uris Khaskheli V/S Muhammad Usman Khaskheli & Ors Sindh High Court, Bench at Sukkur

Topic: Appeal

Criminal Acquittal Appeal has been filed by the Appellant against the judgment passed by learned Judicial Magistrate. Allegation against the Respondents is that when Complainant along with his family members were available at his house, they forcibly trespassed into his house possessing lathies and pistols, caused lathi blow on the head of complainant and his brother; besides one of the accused/Respondent caused butt blow of pistol on the left side of head of Complainant???s uncle and the other caused lathi blows on the other parts of his body. Order of acquittal can only be interfered with, if it is found on its face to be capricious, perverse, arbitrary in nature or based on misreading, non-appraisal of evidence or is artificial, arbitrary and lead to gross miscarriage of justice. Mere disregard of technicalities in a criminal trial without resulting injustice is not enough for interference. Court would never come to the rescue of prosecution to fill-up the lacuna appearing in evidence of prosecution case. Impugned judgment of acquittal recorded by the learned trial court, is accordingly maintained.
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103 . Cr.Acq.A. 93/2021 Yasir Ali Shah V/S Waqar Shah and Others Sindh High Court, Circuit at Larkana
Against Order of Trial Court
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104 . Civil Tran 12/2021 Asadullah Solangi V/S Chairman WAPDA Lahore & others Sindh High Court, Circuit at Larkana
Against Order of Trial Court
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105 . Criminal Appeal 437/2020 ATHAR ELLAHI S/O AKHTAR ELLAHI V/S THE STATE Sindh High Court, Karachi
Safe custody of narcotic not proved. Accused acquitted.
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Matter:IMPRISONMENT UPTO 7 YEARS

106 . Cr.Rev 119/2021 Muhammad Sanwal Ghoto V/S The State Sindh High Court, Bench at Sukkur

Topic: Criminal Trial

Applicant has assailed order wherein application under Section 265-K Cr.P.C was dismissed by Additional Sessions Judge. It is observed that this case is of three murders and at this stage I feel that merits of the case are not to be discussed in this order as such may prejudice the case of either party; however from perusal of impugned order, it come on surface that evidences of witnesses have been recorded and they have fully implicated the applicant in the commission of offence. No illegality or infirmity has been seen in the impugned order. Resultantly, this application is dismissed in limine.
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107 . Criminal Appeal 72/2020 Naimatullah Shah & another V/S The State Sindh High Court, Circuit at Larkana
Against Order of Trial Court(Upto 7 Years)
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108 . Civil Revision 65/2005 Liaquat Ali alias Khabar and others V/S Habibullah and others Sindh High Court, Bench at Sukkur [SHC Citation: 2021- SHC-SUK - 155327 ]
Concurrent finding of two courts below can be interfered with if the court lacked jurisdiction or a case of misreading and non reading of evidence is made out; a registered sale deed as against a mutation entry will have precedence over it.
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109 . Cr.Misc. 274/2020 Muhammad Qasim Khoso V/S SHO P.S A-Sec. Shahdadkot & others Sindh High Court, Circuit at Larkana
22 A-B
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110 . Cr.Misc. 272/2020 Saeed Akbar @ Muhammad Hashim Mahar V/S SHO P.S A-Section Shahdadkot & others Sindh High Court, Circuit at Larkana
22 A-B
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111 . Criminal Appeal 83/2018 Abdul Rauf Khokhar & others V/S The State Sindh High Court, Circuit at Larkana
Against Order of Trial Court(Upto 7 Years)
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112 . Const. P. 6544/2020 M/s Drive Line Motor Ltd V/S Fed. of Pakistan and Othes Sindh High Court, Karachi

Topic: Customs Act, 1969 (section 138 of Customs Act, 1969 read with Customs Rules 86 to 89 laid down in SRO 450(I)/2001)

[SHC Citation: 2021- SHC-KHI - 155178 ]
Since section 138 deals with the frustrated cargo and Rule 86 has defined what frustrated cargo would be. It is thus one which will brought into customs station by reason of inadvertence or misdirection or where consignee is untraceable or has dishonoured his commitments and the consignor wishes to have it re-shipped to him. Since the consignee has refused or dishonored his commitments, the consignor immediately acted upon by moving an application for re-export on 17.04.2018 and that is exercised under Rule 88 of the ibid Rules. There was no occasion for the Collector of Customs to have avoided or discarded the application of the consigner for the re-export of the vehicle as it was and is within the definition of frustrated cargo and permission ought to have been followed in terms of Rule 89 on Collector being satisfied which he should under the relevant circumstances of the case as in our view the vehicle came out as a frustrated cargo.
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Matter:CUSTOM MATTER

113 . Suit 1911/2010 MUHAMMAD ZULFIQAR V/S PAKISTAN RAILWAY EMPLOYEES & OTHERS Sindh High Court, Karachi [SHC Citation: 2021- SHC-KHI - 155526 ]
Matter:DECLARATION

114 . Civil Revision 63/2000 Sachedino Kalwar V/S Province of Sindh and others Sindh High Court, Bench at Sukkur

Topic: Order VII, Rule 11. (Section 161(B) of Land Revenue Act)

[SHC Citation: 2021- SHC-SUK - 155064 ]
Applicant first chose to contest the matter before the Revenue authority by filing its objections and attending hearings, and then once the order was passed, filed a Suit challenging the same. When an order is an appealable order in terms of s.161 ibid, which has not been availed, then the very maintainability of the Suit under section 9 CPC is big question mark; and impliedly bars jurisdiction of the Civil Court in such matters where the jurisdiction to adjudicate exclusively vested with the revenue Courts. . Admittedly, the Applicant failed to avail the statutory remedied of appeal and revision before the Commissioner and the Board of Revenue respectively against the orders passed by the Assistant Commissioner
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115 . Const. P. 973/2021 Ghulam Hussain Tunio V/S P.O Sindh & others Sindh High Court, Bench at Sukkur
Graveyard / Dargah Encroachment
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116 . Cr.J.A 34/2021 Bachal Muhmmadan V/S The State Sindh High Court, Circuit at Larkana
Against Order of Trial Court(Life)
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117 . Cr.Tran 75/2021 Ghulam Akbar Shar Baloch V/S The State & Others Sindh High Court, Circuit at Larkana
For Case Transfer
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118 . Const. P. 342/2021 Mst Mumtaz Begum V/S P.O Sindh & Others Sindh High Court, Bench at Sukkur

Topic: CONSTITUTION OF PAKISTAN, 1973

Petitioner Challenged the judgment passed by the Sindh Labour Appellate Tribunal, Karachi, whereby, Workmen???s Compensation Act, 1936 (???Authority???) was set aside, has been maintained. It appears that Petitioner???s deceased husband Muhammad Murad was removed from service by Pakistan Railways, who in his lifetime challenged such removal before the Federal Service Tribunal by way of Appeal No.347(K)(CS)/02, and during pendency of that Appeal, Muhammad Murad had expired. The Petitioner, instead of seeking the remedy before the Civil Court and getting the order of removal from service set aside, approached the Authority under the Payment of Wages Act, who passed an order in favour of the Petitioner. we have no doubt in our minds that the Authority had no jurisdiction under the Payment of Wages Act to direct Pakistan Railways to pay any such benefits to the Petitioner. Petition stands dismissed.
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119 . Const. P. 183/2020 Ali Bux Chohan & Another V/S P.O Sindh & Others Sindh High Court, Bench at Sukkur

Topic: Constitution of Pakistan

[SHC Citation: 2021- SHC-SUK - 155062 ]
Petitions seek execution and/or implementation of orders passed by the Anti-Encroachment Tribunal, Sukkur. we have noticed with concern that the Anti-Encroachment Tribunal is passing orders and is disposing of the complaints apparently in a slipshod manner inasmuch as on the one hand, certain directions are given to carry out demarcation and survey of the property, only then an order for removal of the encroachment has to be passed. Both directions at the same time and final disposal of a complaint are unwarranted as it creates further complications. The above provision clearly provides that the Tribunal is the final authority to determine all disputes, whereas, it has to conclusively determine the rights of the parties to a dispute. In view of hereinabove facts and circumstances of this case, both these Petitions are dismissed as not maintainable.
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120 . Cr.Bail 1965/2021 MUHAMMAD UMER S/O SAINDAN V/S THE STATE Sindh High Court, Karachi [SHC Citation: 2021- SHC-KHI - 155100 ]
In view of the above, the applicant / accused Muhammad Umar son of Saindan is admitted to post-arrest bail subject to his furnishing solvent surety in the sum of Rs.100,000.00 (Rupees one hundred thousand only) and a P.R. bond for the same amount to the satisfaction of the learned trial Court. The instant bail application is allowed in the above terms.
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Matter:BAIL AFTER ARREST

121 . Const. P. 2416/2013 Asif Ali Solangi and others V/S P.O Sindh & others Sindh High Court, Bench at Sukkur

Topic: CONSTITUTION OF PAKISTAN, 1973

Petitioner submits that he was appointed on 24.02.2010 as contingent paid staff from 01.03.2010, period was extended up to 31.03.2012 and therefore the Petitioner is entitled for regularization. He has also relied upon an order dated 14.05.2013, passed in C.P.No.D-2804 of 2012 at Sukkur Bench. Petitioner in C.P.No. D-2900 of 2013 is concerned, reliance is placed on an order dated 14.05.2013, passed by this Bench. On perusal of the same, it reflects that the facts in that case were entirely different and not applicable to the present case of the Petitioner as the Petitioner was a contingent paid staff and was on temporary employment; hence no case of regularization is made out. Petitions being misconceived are hereby dismissed.
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122 . Const. P. 1128/2018 M/S Al-Hassan Pharmaceutical Distibutors & Ors V/S National Bank Of Pakistan & Ors Sindh High Court, Bench at Sukkur
In all these three Petitions, the Petitioners have impugned notices issued by the learned Banking Court-II, Sukkur under Order XXI Rule 66, CPC., it appears to be an admitted position that some compromise decrees were passed between the parties and the same were not honoured and the Petitioners defaulted .Thereafter, in Execution proceedings, petitioners approached the Executing Court and showed intention to contest the same and filed applications under section 151 CPC, with a prayer to accept the mortgaged properties as security. In our considered view, the Petitions are misconceived and is an attempt to delay the Execution proceedings, arising out of a compromise decree, whereas, unfortunately, after obtaining ad-interim orders, the same have not been finally decided. Accordingly, the same are dismissed.
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123 . Cr.Rev 12/2021 Sari Bai Nagdev V/S Imtiaz Ali & Others Sindh High Court, Circuit at Larkana
Against Order of Trial Court
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124 . Cr.J.A 68/2016 Naseebullah pathan V/S The State Sindh High Court, Circuit at Larkana
Against Order of Trial Court(Narcotics Life)
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125 . Const. P. 2900/2013 Fazul Rehman Bhutto V/S P.O Sindh & others Sindh High Court, Bench at Sukkur
Petitioners seek regularization of their services from the date of appointment. Petitioner was appointed on 24.02.2010 as contingent paid staff period was extended for further six months up to 31.03.2012 and therefore the Petitioner is entitled . He has also relied upon an order dated 14.05.2013, passed in C.P.No.D-2804 of 2012 at Sukkur Bench.On perusal of the same, it reflects that the facts in that case were entirely different and not applicable to the present case of the Petitioner as the Petitioner was a contingent paid staff and was on temporary employment; hence no case of regularization is made out. The law in this regard is settled that such project employees are not entitled for any regularization after completion of the project. No case for indulgence is made out and accordingly both these Petitions being misconceived are hereby dismissed.
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126 . Const. P. 1126/2018 M/S A.S Communications & Others V/S National Bank Of Pakistan & another Sindh High Court, Bench at Sukkur

Topic: CONSTITUTION OF PAKISTAN, 1973

In all these three Petitions, the Petitioners have impugned notices issued by the learned Banking Court-II, Sukkur under Order XXI Rule 66, CPC., it appears to be an admitted position that some compromise decrees were passed between the parties and the same were not honoured and the Petitioners defaulted .Thereafter, in Execution proceedings, petitioners approached the Executing Court and showed intention to contest the same and filed applications under section 151 CPC, with a prayer to accept the mortgaged properties as security. In our considered view, the Petitions are misconceived and is an attempt to delay the Execution proceedings, arising out of a compromise decree, whereas, unfortunately, after obtaining ad-interim orders, the same have not been finally decided. Accordingly, the same are dismissed.
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127 . I. A 18/2019 Nadeem Ahmed Shaikh and others V/S M/S JS Bank Limited Sindh High Court, Bench at Sukkur

Topic: CONSTITUTION OF PAKISTAN, 1973

Appellants have impugned judgment passed by the Banking Court, whereby, the Suit filed by the Respondent-Bank, has been decreed .In the leave to defend application, neither the sanctioning of loan has been denied specifically; nor the application (1st Civil Appeal No. D ??? 18 of 2019)2 was filed in compliance of Section 10 of the Ordinance. As to the argument that the signatures were obtained on blank papers and were signed in good faith, it may be observed that the same now stands settled to the effect that this is no ground for grant of leave to defend. , it was admitted that no legal action was ever initiated by the Appellants against such forced and unwilling adjustment of the sanctioned loan. In that case the argument appears to be an afterthought and an attempt to avoid repayment of the same. Appeal being misconceived is hereby dismissed
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128 . Const. P. 601/2021 Imam Bux Umrani V/S The Deputy Director for Schools Education Lrk &Ors Sindh High Court, Circuit at Larkana
Appointment
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129 . Const. P. 8297/2019 Louis Dreyfus Co. Pvt Ltd V/S F.B.R & Others Sindh High Court, Karachi

Topic: Sale Tax Act 1990

[SHC Citation: 2021- SHC-KHI - 155006 ]
the goods which have already been subjected to sales tax under the previous regime and were in stock by 30.6.2019 and to be supplied after the effected date of the standard regime would be subjected to input tax adjustment under standard regime to save the goods from double / increased incidence of tax. Several sectors have been accommodated by the FBR such as steel sector, oil and ghee sector etc., but specifically the bulk importers of edible oil were not given this fair opportunity to maintain equality. Thus STGO No.105/2019 in its true spirit be applied in the case of the petitioner in relation to a stock for which stock report has been filed in terms of FBR???s letter dated 09.7.2019. The manual returns thus filed in terms of the orders of this Court shall be taken into consideration in view of the above, wherein adjustment of the stock, as mentioned above is claimed.
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Matter:SALES TAX

130 . Const. P. 6460/2021 Pakistan Police Welfare Civil Society Trust V/S Province of Sindh and Others Sindh High Court, Karachi
Matter:DIRECTION

131 . Const. P. 8285/2019 Sharjeel Inam Memon V/S NAB Sindh High Court, Karachi
Court under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973 normally would not interfere in the inquiry/investigation launched by the NAB unless inquiry/investigation is initiated with malafide intention.
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Matter:DIRECTION

132 . Cr.Tran 68/2021 Wazir Ali Detho and others V/S The State and another Sindh High Court, Circuit at Larkana
For Case Transfer
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133 . Cr.Bail 364/2021 Syed Ameer Ali Shah V/S The State Sindh High Court, Bench at Sukkur

Topic: Bail Matters (Bail before arrest)

Applicant seeks pre-arrest bail for the offences u/s 302, 114, 147, 148, 149, 120-B and 337-H(2) PPC. Accused Ameer Ali Shah made straight shot with TT pistol upon Zeeshan Hyder which hit him on his temporal region and he raising cries fell down on the ground. Admittedly the name of the applicant/accused is mentioned in the F.I.R with specific role of making straight shot upon the deceased with the result he died at the spot; the version of the complainant has been fully supported by the PWs in their 161 Cr.P.C statements; the ocular evidence is supported by the medical evidence; the delay in registration of F.I.R has been properly explained by the complainant. Accordingly, instant criminal bail application stands dismissed .
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134 . Cr.Bail 215/2021 Talib and others V/S The State Sindh High Court, Circuit at Larkana
BAIL BEFORE ARREST
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135 . Cr.Bail 385/2021 Ihsan Khoso V/S The State Sindh High Court, Circuit at Larkana
BAIL BEFORE ARREST
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136 . Cr.Bail 636/2021 Gul Hassan Kasai V/S The State Sindh High Court, Bench at Sukkur

Topic: Bail Matters (Bail before arrest)

Applicant Gul Hassan seeks pre-arrest bail under sections 337-F(vi), 337-A(i), 337-F(i) 337-L(ii), 504, 147 and 149 PPC. Admittedly there is seven days delay in registration of FIR. Further the offence for which the applicant is allegedly involved does not fall within prohibitory clause of section 497 Cr.P.C Co-accused Gulsher, Pir Bux and Mir Muhammad having similar role granted pre-arrest bail by the Additional Sessions Judge. Bail already granted to the applicant is hereby confirmed .
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137 . Cr.Tran 27/2021 Muhammad Bakhsh Leghari V/S Mumtaz Ali Brohi & others Sindh High Court, Circuit at Larkana
For Case Transfer
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138 . Cr.Tran 46/2021 Zulfiqar Ali Khuhawar V/S Abdul Hameed Khuhawar & Others Sindh High Court, Circuit at Larkana
For Case Transfer
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139 . Criminal Appeal 71/2021 Muhammad Hussain and Another V/S The State Sindh High Court, Circuit at Larkana
Against Order of Trial Court(Upto 7 Years)
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140 . Spl. Cus. Ref. A. 731/2016 Collector of Customs V/S M/s. Byco Petroleum Ltd. & another Sindh High Court, Karachi
What is more important is whether the goods allegedly retrieved by the seizing agency were smuggled or belongs to Byco Petoleum Limited. Byco Petoleum Limited itself has come forward when they filed an appeal against the Order-in-Original dated 26.5.2015. The Order-in-Appeal was passed on 15.4.2015 on an appeal preferred by Byco Petoleum Limited followed by an appeal before tribunal when ultimately the Petoleum Company succeeded in establishing their point of view. The subject documents if were doubted should have been verified through the Management of the Petoleum Company and more particularly, the samples drawn should have been tested through any forensic lab having expertise in this regard, which has not been done.
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Matter:CUSTOM MATTER

141 . Spl.Anti.Ter.A. 111/2019 KAMRAN KHAN S/O DAWOOD KHAN & ANOTHER V/S THE STATE Sindh High Court, Karachi
Testimony of chance witness found unreliable. Recovery of firearms from accused also doubtful. Accused acquitted.
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Matter:LIFE IMPRISONMENT

142 . Cr.Bail 322/2021 AShfaque Mangno & others V/S The State Sindh High Court, Bench at Sukkur

143 . Cr.Acctt.A 12/2010 Peer Deedar Ahmed Sarhandi V/S The State Sindh High Court, Karachi [SHC Citation: 2021- SHC-KHI - 155147 ]
Death of appellant during pendency of appeal, proceedings are abated against him. However, appeal was dismissed on merits and fine was ordered to be recovered as land revenue from assets devolving upon the legal heirs of deceased appellant in accordance with law.
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Matter:IMPRISONMENT ABOVE 7 YEARS

144 . Cr.Acctt..Acq. A. 60/2021 Syed Aijaz Ali Shah V/S Syed Farhan Ali & Ors Sindh High Court, Bench at Sukkur

Topic: Criminal Procedure Code (Acquittal Appeal )

Criminal acquittal appeal has been filed against the judgment passed by learned Civil Judge & Judicial Magistrate. Criminal acquittal appeal has been filed against the judgment passed by learned Civil Judge & Judicial Magistrate. There appears no improbability or infirmity in the impugned judgment of acquittal recorded by the learned trial court. Appeal is dismissed.
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145 . Cr.Acq.A. 36/2021 Dilshad Ahmed Rajput V/S Muhammad Sharif Khoso & Ors Sindh High Court, Bench at Sukkur

Topic: Criminal Procedure Code (Acquittal Appeal )

This acquittal appeal has been filed against the order passed by learned Civil Judge & Judicial Magistrate whereby acquitted the accused/respondents No.1 & 2. Perusal of record shows that appellant has miserably failed to establish extra ordinary reasons and circumstances, whereby the acquittal order recorded by the trial court may be interfered with by this court. Appeal is dismissed.
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146 . Cr.Tran 5/2021 Mehboob Ali Soomro V/S Mst Sartaj Daughter Of Haider Ali Abro Sindh High Court, Circuit at Larkana
Against Order of Trial Court
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147 . Cr.Rev 66/2020 Anwar Ali Kodrani V/S The State Sindh High Court, Circuit at Larkana
Set Aside Order
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148 . Criminal Appeal 66/2021 Amir Bux Junejo V/S The State Sindh High Court, Circuit at Larkana
Against Order of Trial Court(Upto 7 Years)
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149 . Cr.Bail 243/2021 Wakeel Machi V/S The State Sindh High Court, Circuit at Larkana
Post Arrest Bail
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150 . Cr.Tran 74/2021 Engr. Aftab Ahmed Abro V/S Rehmatullah Abro & another Sindh High Court, Circuit at Larkana
For Case Transfer
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151 . Civil Revision 22/1999 Ghulam Hyder Mahar V/S Ellahi Bux and others Sindh High Court, Bench at Sukkur [SHC Citation: 2021- SHC-SUK - 154857 ]
A Suit for declaration without any title or legal right is not maintainable under section 42 of the Specific Relief Act.. similarly a declaration of lawful possession cannot be maintained under section 42 of the Specific Relief Act. a mere application for allotment of land creates no title
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152 . Cr.Bail 112/2021 Ghulam Sarwar Tunio V/S The State Sindh High Court, Circuit at Larkana
BAIL BEFORE ARREST
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153 . Cr.Tran 73/2021 Imamuddin Bakhrani V/S Mehrullah & Others Sindh High Court, Circuit at Larkana
For Case Transfer
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154 . Const. P. 3998/2021 Lal Muhammad Jokhio V/S NAB and Others Sindh High Court, Karachi

Topic: National Accountability (Second Amendment) Ordinance XXIII, 2021 (Bail under section 7)

[SHC Citation: 2021- SHC-KHI - 154880 ]
In the view of above legal position, it is observed that superior Court can entertain application for pre-arrest bail and grant relief to the accused in appropriate cases where accused could inter alia establish that he was prevented from approaching the lower Court concerned in the first instance. An accused normally can approach in the first instance the Court of Sessions/NAB Courts (now in view of the National Accountability (Second Amendment) Ordinance XXIII, 2021) for bail before arrest as propriety so demands but depending on the compelling circumstances, an accused can approach the High Court directly by invoking its concurrent jurisdiction. In the present case, no compelling circumstances have been pointed out
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Matter:BAIL

155 . Const. P. 5458/2020 Haji Adam Jokhio V/S NAB and Others Sindh High Court, Karachi

Topic: National Accountability (Second Amendment) Ordinance XXIII, 2021 (Bail under section 7)

[SHC Citation: 2021- SHC-KHI - 154881 ]
In the view of above legal position, it is observed that superior Court can entertain application for pre-arrest bail and grant relief to the accused in appropriate cases where accused could inter alia establish that he was prevented from approaching the lower Court concerned in the first instance. An accused normally can approach in the first instance the Court of Sessions/NAB Courts (now in view of the National Accountability (Second Amendment) Ordinance XXIII, 2021) for bail before arrest as propriety so demands but depending on the compelling circumstances, an accused can approach the High Court directly by invoking its concurrent jurisdiction. In the present case, no compelling circumstances have been pointed out.
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Matter:BAIL

156 . Suit 2007/2014 Syed Irtiza Hasnain. V/S Mrs. Syeda Sajida Hasnain & Others. Sindh High Court, Karachi

Topic: Civil Procedure Code CPC (Fraudulent identity and appearance before court )

It appears that the defendant No.1 Syeda Sajida Hasnain has sent a letter to the Registrar of this Court dated 22.01.2021 stating that she is residing out of Pakistan and someone has fraudulently claimed her identity and appearing in this Court. This letter has been received by DHL courier bearing No A012 PK-KHI-GTW KHA2 Inward No.1612 dated 04.02.2021, where in one of the paragraphs she has stated that earlier representation given by her to various individuals in the subject matter is no more in the field, as the same been withdrawn. The list includes name of Mr. Syed Arif Raza, the counsel appearing before this Court today. She has further written that all communication be made with her at her email sajidazaidi@ymail.com
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Matter:DECLARATION

157 . Const. P. 590/2021 Mehboob Ali Khan V/S P.O Sindh & Others Sindh High Court, Circuit at Larkana
Revenue
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158 . Cr.J.A 53/2018 Abdul Ghaffar Pathan V/S The State Sindh High Court, Circuit at Larkana
Against Order of Trial Court(Narcotics Life)
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159 . Cr.Misc. 5/2021 Sobdar Ali Khoso V/S The State and Another Sindh High Court, Circuit at Larkana
QUASHMENT OF IMPUGNED ORDER
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160 . Spl. Cus. Ref. A. 203/2019 M/s. Universal Enterprise V/S The Customs Appellate Tribunal & others Sindh High Court, Karachi

Topic: Customs Act, 1969 (section 25), Customs Act, 1969 (section 25A)

[SHC Citation: 2021- SHC-KHI - 155007 ]
The amount of remittance may not be of any importance as the actual evidence is invoice which is relied upon. Hence the price actually paid could very conveniently be determined on the basis of such documents and notwithstanding the insertion / amendment made in the year 2017 as far as the second proviso to Section 25A is concerned, it is the amount, which is actually paid or payable which is considered as customs value for the goods when sold for export to Pakistan.
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Matter:CUSTOM MATTER

161 . I. A 27/2018 M/S Z.T.B.L and others V/S Yaseen Dahri Sindh High Court, Bench at Sukkur [SHC Citation: 2021- SHC-SUK - 154855 ]
Law of limitation will also apply to Sale of property by a Financial Institution under Section 15 of the Financial Institutions (Recovery of Finances) Ordinance 2001. If limitation to file a Suit for recovery under section 9 of the Ordinance has expired, then no sale could be conducted under section 15 as well.
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162 . Const. P. 4861/2017 Dur Muhammad Shah Advocate V/S Agha Khan University and Ors Sindh High Court, Karachi
Matter:MEDICAL TREATMENT

163 . Cr.Bail 1169/2021 MUHAMMAD HASHIM IQBAL S/O MUHAMMAD IQBAL V/S THE STAT Sindh High Court, Karachi
Accordingly, the interim pre-arrest bail granted to the applicant Muhammad Hashim Iqbal vide order dated 21.06.2021 is hereby confirmed on the same terms and conditions ; and, post-arrest bail is granted to the applicant Muhammad Abid Iqbal subject to his furnishing solvent surety in the sum of Rs.100,000.00 and a P.R. bond for the same amount to the satisfaction of the learned trial Court.
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Matter:BAIL BEFORE ARREST

164 . Cr.Bail 22/2021 Ali Sher Palal and another V/S The State Sindh High Court, Circuit at Larkana
Post Arrest Bail
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165 . Const. P. 588/2021 Khadim Hussain Mirani V/S Taluka Education Officer (TEO) Ratodero & Others Sindh High Court, Circuit at Larkana
Service
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166 . Cr.Bail 1296/2021 MUHAMMAD ABID IQBAL S/O MUHAMMAD IQBAL V/S THE STATE Sindh High Court, Karachi
Accordingly, the interim pre-arrest bail granted to the applicant Muhammad Hashim Iqbal vide order dated 21.06.2021 is hereby confirmed on the same terms and conditions ; and, post-arrest bail is granted to the applicant Muhammad Abid Iqbal subject to his furnishing solvent surety in the sum of Rs.100,000.00 and a P.R. bond for the same amount to the satisfaction of the learned trial Court.
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Matter:BAIL AFTER ARREST

167 . Cr.J.A 53/2019 Ghulam Fareed @ Comrade Umrani V/S The State Sindh High Court, Circuit at Larkana
Against Order of Trial Court(A.T.C Above 7 years)
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168 . Const. P. 599/2021 Javed Ahmed Laghari V/S SHO P.S Sijawal & others Sindh High Court, Circuit at Larkana
Construction
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169 . Cr.Acq.A. 64/2019 Tanveer Badar Sahol V/S Muhammad Ibrahim Soomro SIP & Others Sindh High Court, Circuit at Larkana
Against Order of Trial Court
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170 . Cr.Bail 398/2021 Sajid Ali Shaikh V/S The State Sindh High Court, Circuit at Larkana
Post Arrest Bail
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171 . Cr.Tran 15/2021 Ghulam Ali @ Lami Bangulani & another V/S The State Sindh High Court, Circuit at Larkana
For Case Transfer
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172 . Cr.J.A 4/2018 Basar Jatoi & others V/S The State Sindh High Court, Circuit at Larkana
Against Order of Trial Court(Life)
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173 . Cr.Bail 514/2021 Imtaiz Mughal & Ors V/S The State Sindh High Court, Bench at Sukkur

Topic: Bail Matters

Applicants Imtiaz and Tufail seek their pre-arrest bail for an offence punishable u/s 506/2, 454, 380, 34 PPC. Allegation against the present applicants/ accused is that they entered into the house of Complainant and theft out golden ornaments weighing about 50 Tolas worth of Rs.50,000,00/- Admittedly there is delay of 17 days in registration of FIR and the same has not properly been explained by the complainant; there is no eye witness of incident; the offence is punishable up to seven years which does not fall within prohibitory clause of Section 497 Cr.P.C. pre-arrest bail. Resultantly, instant Cr. Bail Application is allowed.
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174 . Cr.Bail 429/2021 Dilawar @ Dildar Mallah and Others V/S The State Sindh High Court, Circuit at Larkana
BAIL BEFORE ARREST
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175 . Cr.Bail 435/2021 Roshan Ali @ Roshan & Another V/S The State Sindh High Court, Circuit at Larkana
BAIL BEFORE ARREST
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176 . Cr.Bail 354/2021 Hamadullah Bhutto V/S The State Sindh High Court, Circuit at Larkana
BAIL BEFORE ARREST
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177 . Spl. Cus. Ref. A. 335/2012 Collector of Customs V/S Forte Impex Lahore Sindh High Court, Karachi

Topic: Customs Act, 1969 (section 162), Customs Act, 1969 (section 163)

[SHC Citation: 2021- SHC-KHI - 154858 ]
Simply mentioning that there is danger of removal of goods is not sufficient. The officer must state grounds which justify apprehension of danger of such removal and so also information that he received from an individual having name and that the concerned party has taken steps or about to take steps for the removal of the goods. Nothing of such sort is mentioned in the under considered warrant allegedly issued under section 163 of Customs Act, 1969.
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Matter:CUSTOM MATTER

178 . Cr.Bail 1882/2021 SHAHJAHAN LASHARI S/O MUHAMMAD ESSA V/S THE STATE Sindh High Court, Karachi [SHC Citation: 2021- SHC-KHI - 154901 ]
In view of the above, the instant bail application is dismissed with direction to the learned trial Court to conclude the trial of the subject case within three (03) months strictly in accordance with law. Let this order be communicated to the learned trial Court for compliance.
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Matter:BAIL AFTER ARREST

179 . Spl. Cus. Ref. A. 948/2015 Collector of Customs V/S M/s. Abdullah Traders Sindh High Court, Karachi

Topic: Customs Act, 1969 (Section 25-A), Customs Act, 1969 (Clause 14 of Section 156(1)), Customs Act, 1969 (Section 25-D)

[SHC Citation: 2021- SHC-KHI - 154713 ]
The goods declaration for the release of the consignments were filed prior to the insertion of sub section 4 of Section 25-A. Learned counsel for the applicant does not controvert these facts. Thus at the relevant time when the goods were cleared and/or goods declarations were filed, benefit of sub section 4 of Section 25-A was not available with the applicant for enforcing earlier Valuation Ruling dated 10.12.2007 which was reviewed on 1.9.2008 issued by the competent authority under Section 25-A and 25-D of the Act. Undoubtedly before insertion of sub section 4 the continuity of an earlier time lapsed Valuation Ruling could not have been enforced.
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Matter:CUSTOM MATTER

180 . Cr.Bail 310/2021 Muhamood Arain V/S The State Sindh High Court, Circuit at Larkana
Post Arrest Bail
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181 . Cr.Bail 309/2021 Muhamood Arain V/S The State Sindh High Court, Circuit at Larkana
Post Arrest Bail
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182 . Suit 2316/2021 MUHAMMAD FARHAN WAZIR & OTHERS V/S FEDERATION OF PAKISTAN & OTHERS Sindh High Court, Karachi

Topic: Whistleblower Protection and Vigilance Commission Ordinance, 2019

However till the next date of hearing, the defendants are restrained from reclaiming any further land from any shores existing in the territorial jurisdiction of this Court, or granting any such land to anyone, or creating any third party interest on these lands or properties built thereon, or changing such lands use, and the official defendants to ensure that lands and premises earlier sanctioned to them as public spaces, or for the purpose of parking or facilitating the public at large including parks and amenities should not be used for any commercial or gainful purposes, as well as for holding of any functions, including marriage or social gathering functions, generating any sort of revenue for the defendants, till the next date of hearing.
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Matter:SUIT FOR DECLERATION

183 . Const. P. 6306/2021 Iqbal Hussain Channa V/S NAB and Others Sindh High Court, Karachi

Topic: National Accountability Ordinance, 1999 (Issuance of notice to Special Prosecutor NAB without passing interim order)

[SHC Citation: 2021- SHC-KHI - 154778 ]
Issuance of notice to the Special Prosecutor NAB, by learned Administrative Judge, in such a way and fixing the hearing of the pre-arrest bail on 26.10.2021, without passing interim orders, ex facie amounts to dismissal of the bail before arrest application.
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Matter:BAIL

184 . Cr.J.A 27/2021 Nizam Mugheri V/S Against Order of Trial Court(Upto 7 Years) Sindh High Court, Circuit at Larkana
Against Order of Trial Court(Upto 7 Years)
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185 . Const. P. 574/2021 Mst. Mai Begum & Another V/S SHO P.S ILLahi Bux Siyal & others Sindh High Court, Circuit at Larkana
Quashement of F.I.R.
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186 . Const. P. 99/2021 Abdul Qadir Kori V/S IGP Sindh and others Sindh High Court, Circuit at Larkana
Re-Investigation
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187 . Cr.J.A 11/2020 Mujahid Dahani V/S The State Sindh High Court, Circuit at Larkana
Against Order of Trial Court(Narcotics Upto 7 Years)
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188 . II.A. 198/2020 Nazeer Ahmed S/o Shaikh Abdul Hakeem V/S Ziaullah and others Sindh High Court, Karachi

Topic: Appeal (Appeal)

This second appeal under Section 100 C.P.C is directed against the Judgment and Decree. It was alleged that he purchased a Plot measuring 100 square yards from one Jahan Badshah registered sale deed. Appellant/Defendant along with some mobsters and heavy machinery entered in his house and after dispossessing him and his family members from there. The record shows that the Appellant/Defendant himself admitted that Jahan Badshah, who is his brother in law is not in his contact and as per promise he has not executed Sale Deed in his favoure .Appellant/Defendant has produced Iqrarnamaas in support of his claim of ownership of the suit property. The said unregistered Iqrarnama cannot be treated as authentic document of ownership and at the most the said Iqrarnama could have been helpful to the Appellant/Defendant for recovery of the money allegedly barrowed by Jahan Badshah from him. Respondent/Plaintiff has possessed a registered document i.e. Lease Deed in the name of Jahan Badshah and Sale Deed duly executed by him in favour of Respondent/Plaintiff. The Court witness Sub-Registrar Orangi Town,Karachi West while leading his evidence verified both the documents . . In this case one thing is to be kept in mind that owner the principal has not challenged the Sale Deed transfer of the property. instant second appeal is dismissed.
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Matter:AGAINST THE JUDGMENT

189 . Cr.Bail 641/2021 Nizamuddin Solangi V/S The State Sindh High Court, Bench at Sukkur

Topic: Bail Matters (Bail After Arrest---497- Under S. 302 PPC)

Accused seeks post-arrest bail in the offence punishably 302, 148, 149, 504, 337H(ii) PPC. The dispute between applicant and complainant party is over matrimonial enmity. Even otherwise, the role attributed against present applicant is of mere presence at the place of wardat and no specific role is assigned to him. No active role has been assigned to the present applicant in causing death of deceased . on merits he has prima facie got good case for grant of bail .Bail granted.
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190 . Cr.Bail 589/2021 Jam Khushhahl V/S The State Sindh High Court, Bench at Sukkur

Topic: Criminal Procedure Code Cr.P.C Bail After Arrest---497 (Reasonable grounds - further enquiry CaseLaw)

Applicant seeks bail in U/S 336,324PPC.Complaint inspite of Service failed to appear. Name of Applicant is not mentioned in FIR but same was disclosed by Complainant after five months as further Statement. Bail granted on the ground that further statement may not be equated with FIR nor it could be believed in toto
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191 . Cr.Bail 1249/2021 MALIK AAMIR S/O NOOR KHAN V/S THE STATE Sindh High Court, Karachi [SHC Citation: 2021- SHC-KHI - 154679 ]
In view of the above, the applicant / accused Malik Amir son of Noor Khan is admitted to post-arrest bail subject to his furnishing solvent surety in the sum of Rs.100,000.00 (Rupees one hundred thousand only) and a P.R. bond for the same amount to the satisfaction of the learned trial Court. The instant bail application stands disposed of in the above terms
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Matter:BAIL AFTER ARREST

192 . Cr.Bail 1350/2021 GUL HASSAN S/O MUHAMMAD HASSAN V/S THE STATE Sindh High Court, Karachi [SHC Citation: 2021- SHC-KHI - 154680 ]
In view of the above, the applicant / accused Gul Hassan son of Muhammad Hassan has made out a case for the grant of bail. Accordingly, the interim pre-arrest bail granted to him vide order dated 14.07.2021 is hereby confirmed on the same terms and conditions. This bail application is allowed in the above terms.
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Matter:BAIL BEFORE ARREST

193 . Cr.Bail 188/2021 Ghulam Yaseen Kalhoro and Others V/S The State Sindh High Court, Circuit at Larkana
BAIL BEFORE ARREST
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194 . Cr.Bail 174/2021 Muhammad Ibrahim Bangulani V/S The State Sindh High Court, Circuit at Larkana
Post Arrest Bail
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195 . Cr.Bail 268/2021 Imam Bux Jhulam V/S The State Sindh High Court, Circuit at Larkana
BAIL BEFORE ARREST
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196 . Criminal Appeal 79/2018 Murtaza Khoso & an other V/S The State Sindh High Court, Circuit at Larkana
Against Order of Trial Court(Life)
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197 . Cr.Acq.A. 91/2021 Shahid Hussain Kourejo V/S Mujeeb Ali Mugheri and Others Sindh High Court, Circuit at Larkana
Against Order of Trial Court
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198 . Cr.Bail 315/2021 Rahim @ Sunhal Shah Syed V/S The State Sindh High Court, Circuit at Larkana
Post Arrest Bail
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199 . Cr.Acq.A. 130/2019 Mst. Wazeeran Solangi V/S Abdullah Khan and others Sindh High Court, Bench at Sukkur

Topic: Criminal Procedure Code (Acquittal Appeal )

Appeal filed against Acquittal U/S 265 k Crpc involved in Crime U/S 302, 364, 457, 344, 343 PPC. allegations of abduction as well as of murdering the son of appellant / complainant are leveled against respondents, therefore, it was mandatory for the trial Court to record evidence of the parties after framing of charge impugned order is unjustified and cannot be maintained. Accordingly, same is hereby set aside. Consequently, this appeal against acquittal is hereby allowed.
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200 . I.T.R.A 16/2021 THE COMMISSIONER INLAND REVENUE V/S M/S. ROCHE PAKISTAN LTD. Sindh High Court, Karachi

Topic: Income Tax Ordinance, 2001

We have also noticed that invariably references are being filed by the department where they themselves frame questions. We would appreciate if the counsels who are filing such references also apply their mind and after going to the root of the case and the cause as to what in fact serious questions of law arising out of the order and only then such proposed questions of the department could be finalized by the counsels themselves.
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Matter:INCOME TAX

201 . Cr.Bail 160/2021 Imran Ali Kalhoro V/S The State Sindh High Court, Circuit at Larkana
BAIL BEFORE ARREST
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202 . Cr.Bail 620/2020 Muhammad Ayoob Mahota & anothe V/S The State Sindh High Court, Circuit at Larkana
BAIL BEFORE ARREST
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203 . Const. P. 4778/2021 Pakistan Mobile Communication V/S Pakistan and Others Sindh High Court, Karachi

Topic: Federal Excise Duty, CONSTITUTION OF PAKISTAN, 1973, Sindh Sales Tax on Services Act, 2011

[SHC Citation: 2021- SHC-KHI - 154627 ]
The impugned enactment is for area which formed part of province i.e. Sindh hence for all intent and purposes Article 142(c) is significant. It emphasized Provincial Assembly to legislate with respect to any matters not enumerated in the Federal Legislative List. The impugned Act whereby Serial No.6A was introduced to the First Schedule forming part of Table-II is introduced through a Money Bill in terms of Article 73 of Constitution of Islamic Republic of Pakistan, 1973. No other Entry of Part I of the Federal Legislative List could then be taken into account as this was a money bill which is primarily covered from Entry No.43 to 53 as routed through Article 73 of the Constitution of Islamic Republic of Pakistan, 1973. The federation has already conceded and we are not required to deliberate on the point that for a tax to fall under the said Federal Legislative List it must be covered by Entries No.43 to 53. This, as claimed to be a sales tax/Federal Excise Duty, is apparently covered in terms of Entry 49 to the Fourth Schedule to the Constitution of Islamic Republic of Pakistan, 1973. Thus, the 18th Amendment excludes the Federation by virtue of the Entry 49 from the competence to legislate on the subject of services rendered in their province on account of SSTA, 2011 w.e.f. 01.07.2011. --It is neither in the competence of the federation to legislate after 18th Amendment nor it relates to federation to invoke Entry No.58 of the Fourth Schedule to the Constitution of Islamic Republic of Pakistan, 1973. Similarly, Entry No.59, as relied upon by the respondents??? counsel, that these matters are incidental or ancillary to any matters enumerated in this part, is also inconsequential as this cannot be invoked independently unless a reciprocal entry is found within the competence of federation. One may argue this Entry 59 may have a bridged with Article 151 but we have already discussed non-application of Article 151.
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Matter:FED. EXCISE

204 . Spl:Sales Tax Ref: A. 94/2021 Commissioner inland revenue legal V/S M/s filters pakistan pvt. ltd. Sindh High Court, Karachi

Topic: Sale Tax Act 1990 (Section 11(2))

[SHC Citation: 2021- SHC-KHI - 154639 ]
Section 6 is pari materia to provisions for recovery of sale tax in respect of goods imported into Pakistan and time and manner shall be similar to that of recovery made under Customs Act, 1969. For the instant matter, for determining tax liability for the period 2011-12 limitation would perish by 30 June, 2017. Show cause notice was issued on 21.08.2017, after requisite period. Hence, any notice that was issued belatedly i.e. beyond the statutory requirement would have no bearing. --The consequential point that arises is whether a timeframe prescribed under Section 11(5) of the Sales Tax Act, 1990 for issuance of show-cause notice and after the expiry of timeframe prescribed, could be extended and/or resurrected a time barred cause under SRO 394(I)/2001 dated 21.05.2009 read with Section 74 of the Act, 1990.
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Matter:TAX MATTER

205 . Suit 1559/2020 M/s. Matiari Sugar Mills Limited V/S Federation of Pakistan & others Sindh High Court, Karachi
Selection of audit under section 25 of the Sales Tax Act, 1990 requires giving of reasons.
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Matter:DECLARATION

206 . Cr.J.A 40/2019 WAQAR ALI S/O SYED MUHAMMAD V/S THE STATE Sindh High Court, Karachi

Topic: Appeal (Appeal)

Appeal filed against Conviction under Section 23(i) A of Sindh Arms Act. Accused / appellant has been acquitted from the charge of main case and instant case being offshoot of said main case, the appellant deserves his acquittal in this case. appeal is hereby allowed .
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Matter:IMPRISONMENT UPTO 7 YEARS

207 . Cr.J.A 566/2018 SAEED NOOR S/O AMEER HAMZA V/S THE STATE Sindh High Court, Karachi

Topic: Appeal (Appeal)

[SHC Citation: 2021- SHC-KHI - 154510 ]
Appeal filed against Conviction under Sections 302 PPC. Mst. Saeeda Khatoon On the day of incident with her son was available in the street, . accused Saeed Noor caught him hold with collar and started beating him, then she rashly reached in gali and found that his son was laying down in the street and Saeed Noor was beating him, when she tried to save him and restrain the accused, the accused also gave her beatings with fist and kicks. She further alleged that then she brought her husband, however, accused Saeed Noor also used abusive language against him, caught hold him with collar and fired on his left eye due to personal enmity, with the result he died at the spot. I am of the firm opinion that there is no justification for discarding the evidence of complainant and other witnesses merely on the ground that they are related to the deceased. defense plea that no offensive weapon was recovered . appellant was arrested after about eight months of the alleged incident, therefore, he had sufficient time to destroy this important piece of evidence. judgment of conviction and sentence , is hereby maintained.
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Matter:LIFE IMPRISONMENT

208 . Cr.Acctt.A 4/2021 SULTAN QAMAR SIDDIQUI S/O QAMAR UL HASSAN V/S THE STATE Sindh High Court, Karachi [SHC Citation: 2021- SHC-KHI - 154608 ]
NAB Matter - Appeal against conviction
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Matter:IMPRISONMENT UPTO 7 YEARS

209 . Cr.Acctt.A 6/2021 IMRAN AFZAL S/O AFZAL HUSSAIN V/S THE STATE Sindh High Court, Karachi [SHC Citation: 2021- SHC-KHI - 154610 ]
NAB Matter - Appeal against conviction.
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Matter:IMPRISONMENT ABOVE 7 YEARS

210 . Cr.Acctt.A 5/2021 HAJI WALI MUHAMMAD S/O HAJI V/S THE STATE Sindh High Court, Karachi [SHC Citation: 2021- SHC-KHI - 154609 ]
NAB Matter - Appeal against conviction.
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Matter:IMPRISONMENT UPTO 7 YEARS

211 . Cr.Acctt.A 12/2021 THE CHAIRMAIN NAB V/S NISAR AHMED JAN MEMON ( NISAR MORAI ) & OTHERS Sindh High Court, Karachi [SHC Citation: 2021- SHC-KHI - 154612 ]
NAB Matter - Appeal - Enhancement of Sentence
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Matter:ENHANCEMENT OF SENTENCE

212 . Const. P. 4596/2021 Employers Federation of Pakistan & Ors V/S Govt of Sindh & Ors Sindh High Court, Karachi

Topic: Sindh Minimum Wages Act 2015 (Section 4), Sindh Minimum Wages Act 2015

[SHC Citation: 2021- SHC-KHI - 154578 ]
Title Minimum Wages under the Sindh Minimum Wages Act 2015
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Matter:AGAINST NOTIFICATION

213 . Cr.Acctt.A 3/2021 NISAR AHMED MORAI S/O DR. MUHAMMAD BACHAL MEMON V/S THE NAB Sindh High Court, Karachi [SHC Citation: 2021- SHC-KHI - 154607 ]
NAB Matter - Appeal against conviction.
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Matter:IMPRISONMENT UPTO 7 YEARS

214 . Cr.Acctt.A 7/2021 SHOUKAT HUSSAIN S/O MUSTAFA V/S THE STATE Sindh High Court, Karachi [SHC Citation: 2021- SHC-KHI - 154611 ]
NAB Matter - Appeal against conviction.
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Matter:IMPRISONMENT UPTO 7 YEARS

215 . Const. P. 8056/2017 Saddam Hussain & Ors V/S Province of Sindh & Ors Sindh High Court, Karachi

Topic: Appointment of differently abled persons on quota


Matter:APPOINTMENT

216 . Const. P. 1830/2020 Amjad Hussain & Ors V/S Province of Sindh & Ors Sindh High Court, Karachi
Matter:DISABLE QUOTA

217 . Const. P. 2080/2018 Hafizullah & Ors V/S Province of Sindh and Others Sindh High Court, Karachi
Matter:DISABLE QUOTA

218 . Const. P. 3376/2018 Zafar Azeem & Ors V/S Province of Sindh and Ors Sindh High Court, Karachi
Matter:APPOINTMENT

219 . Const. P. 6075/2021 Nishat Sutas Dairy Ltd V/S Province of Sindh and Others Sindh High Court, Karachi
Matter:INFRASTRUCTURE CESS

220 . Const. P. 6140/2021 Hiba Weaving Mills Pvt Ltd V/S Province of Sindh and Others Sindh High Court, Karachi
Matter:INFRASTRUCTURE CESS

221 . Const. P. 6078/2021 Saya Weaving Mills Pvt Ltd V/S Province of Sindh and Others Sindh High Court, Karachi
Matter:INFRASTRUCTURE CESS

222 . Cr.Bail 235/2021 SHEIKH MUHAMMAD AYOUB S/O SHEIKH MUHAMMAD YAQOOB V/S THE STATE Sindh High Court, Karachi

Topic: Bail Matters (Bail before arrest)

Applicant Sheikh seeks his admission on pre-arrest bail, under Section 109/486 F/420/468/471/34PPC. Complainant c entered into an agreement with the accused on 14.04.2013 thereby purchased a flat bearing Karachi, which later was refused from its possession, therefore, filed Civil Suit before the Court of Senior Civil Judge-VII, Karachi (Central) which ultimately was decreed as prayed vide judgment and decree dated 05.11.2018 . Later, complainant filed Execution Application which, after issuance of process in order to satisfy the decree, the learned trial Court/Executing Court had issued writ of possession. Meanwhile, accused appeared before the Executing Court along with his counsel on 09.03.2020 where he gave two cheques Out of said cheque No. CDA-24862035 amounting to Rs.18 lacs was deposited by the complainant in his account and on presentation he was informed by the Bank that account for which cheque was issued, was nonoperative and was closed, therefore, cheque presented by the complainant was bounced and was returned to him with memo. The applicant not only has cheated the complainant but also has defeated the Executing Court where he by way of his statement made himself ready to pay the amount in question to the complainant by issuing dishonored cheques, which resulted into crime after crime. Therefore, it appears that applicant is habitual offender .Bail application dismissed
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Matter:BAIL BEFORE ARREST

223 . Criminal Appeal 416/2021 ASIF PANHWAR S/O DR. SIKANDAR V/S THE STATE Sindh High Court, Karachi
Appellant was convicted and sentenced d for the offence punishable under section 320 PPC. Appeal filed against Conviction. Appellant entered into compromise with legal heirs of deceased . Since, legal heirs of the deceased are present in person, affirm the compromise effected between them as well as accused/appellant, Appellant Asif Panhwar son of Dr. Sikander is acquitted of the charge in terms of compromise.
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Matter:IMPRISONMENT UPTO 7 YEARS

224 . Const. P. 4434/2020 Syed Manzoor Shah V/S The Chief Sect: and Ors Sindh High Court, Karachi

Topic: Own Pay Scale (OPS)


Matter:SERVICE

225 . Const. P. 2356/2019 Agha Siraj Khan Durrani V/S The State (NAB) Sindh High Court, Karachi

Topic: NAB

[SHC Citation: 2021- SHC-KHI - 154476 ]
Petitioners, accused in reference, were extended a relief of pre and post arrest bail by this Court. NAB not satisfied with the order challenged the same before the Honorable Supreme Court where remanding the case back to this Court for deciding the afresh in the light of guidelines laid down in the cases reported in PLD 2018 SC 40, PLD 2005 SC364 and PLD 2019 SC 250. Case mainly revolves around allegations against accused Agha Siraj Durani, , for committing corruption and corrupt practices and illegal means while acting as a Minister of Local Government ,Other petitioners, accused in the reference, said to be his family members, associates, agents, domestic workers, gunmen, etc., are identified as Benamidar/ostensible owners of the properties actually owned and possessed by him. It is commonly known in our society, recognized almost as a convention, that parents purchase property in the name of their children, not for any base reason but only to ensure their safety, security and welfare in future. It is not disputed that accused Agha Siraj Khan Durani is a politician and has held different positions. Therefore, when he buys a property in the name of his wife or children, or makes payments at their behest for this purpose, there would normally be no reason for them to get alarmed or suspect that he has done corruption and is providing money from the wealth earned by him as such. Normal presumption, his children or for that matter any prudent mind would get, would be of his acting bona fide and providing the amounts from his legitimate sources of income. Gulzar Ahmed???s is said to have aided and abated accused Agha Siraj Khan Durani in acquiring illegal assets; and utilizing accounts of PW Sadaf Chohan and Syed Mobin Saeed by parking money therein for such Page 15 of 19purpose. Bail of Agha Siraj Khan Durrani (C.P.No.D-2356/2019) is dismissed.
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Matter:BAIL BEFORE ARREST

226 . Const. P. 1776/2019 Tufail Ahmed Shah V/S NAB Sindh High Court, Karachi [SHC Citation: 2021- SHC-KHI - 154482 ]
Accused in reference, were extended a relief of pre and post arrest bail by this Court. NAB not satisfied with the order challenged the same before the Honorable Supreme Court where remanding the case back to this Court for deciding the afresh in the light of guidelines laid down in the cases reported in PLD 2018 SC 40, PLD 2005 SC364 and PLD 2019 SC 250. Case mainly revolves around allegations against accused Agha Siraj Durani, , for committing corruption and corrupt practices and illegal means accused in the reference, said to be his family members, associates, agents, domestic workers, gunmen, etc. Tufail Ahmed Shah in acquiring a property againstRs.46,000,000.00 in phase VI DHA Karachi by getting pay orders issued in his name. He denied his role in the investigation. But bank record goes against him and implicates him in the alleged offence .h huge amount despite being a low-paid employee, nor could he refute his nexus with accused Agha Siraj Khan Durani in such circumstances. No case for pre arrest bail, Hence , dismissed.
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Matter:BAIL BEFORE ARREST

227 . Const. P. 584/2020 Ghulam Murtaza V/S Chairman NAB & Ors Sindh High Court, Karachi

Topic: NAB

[SHC Citation: 2021- SHC-KHI - 154490 ]
Accused in reference, were extended a relief of pre and post arrest bail by this Court. NAB not satisfied with the order challenged the same before the Honorable Supreme Court where remanding the case back to this Court for deciding the afresh in the light of guidelines laid down in the cases reported in PLD 2018 SC 40, PLD 2005 SC364 and PLD 2019 SC 250. Case mainly revolves around allegations against accused Agha Siraj Durani, , for committing corruption and corrupt practices and illegal means accused in the reference, said to be his family members, associates, agents, domestic workers, gunmen, etc Two were the plots purchased in the name of Munwar Ali and Ghulam Murtaza ,who are co-accused and have been drivers of accused Agha Siraj Khan Durani , No case for pre arrest bail, Hence , dismissed.
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Matter:BAIL

228 . Const. P. 2976/2019 Gulzar Ahmed V/S NAB and Others Sindh High Court, Karachi

Topic: NAB

[SHC Citation: 2021- SHC-KHI - 154485 ]
Accused in reference, were extended a relief of pre and post arrest bail by this Court. NAB not satisfied with the order challenged the same before the Honorable Supreme Court where remanding the case back to this Court for deciding the afresh in the light of guidelines laid down in the cases reported in PLD 2018 SC 40, PLD 2005 SC364 and PLD 2019 SC 250. Case mainly revolves around allegations against accused Agha Siraj Durani, , for committing corruption and corrupt practices and illegal means accused in the reference, said to be his family members, associates, agents, domestic workers, gunmen, etc. Gulzar Ahmed???s case is almost on identical footings. He is said to have aided and abated accused Agha Siraj Khan Durani in acquiring illegal assets; and utilizing accounts of PW Sadaf Chohan and Syed Mobin Saeed by parking money therein for such Page 15 of 19purpose. There is however statement of only PW Sadad Chohan In this regard on record. But her statement tends to incriminate herself rather than accused Gulzar Ahmed. She says that the money was deposited in her account in Meezan Bank (by Gulzar Ahmed) and that she had issued cheques for withdrawing the same. She claims that the money was parked into her account by Gulzar Ahmed but admits at the same time that it was done by him on her own request as she wanted to improve statement of her bank account for applying for UK visa. c she claims, without any proof, deposited the money in her account has been arrayed as accused. Regarding transactions of 600 million found in his account, relevant evidence that this amount either belongs to or was parked by accused Agha Siraj Khan Durani and was utilized for purchasing assets on his behalf by this petitioner is yet to be produced by the prosecution in the trial. Bail granted.
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Matter:BAIL BEFORE ARREST

229 . Const. P. 2236/2019 Zulfiqar Ali Dahar V/S The Chairman NAB Sindh High Court, Karachi

Topic: NAB

[SHC Citation: 2021- SHC-KHI - 154486 ]
Accused in reference, were extended a relief of pre and post arrest bail by this Court. NAB not satisfied with the order challenged the same before the Honorable Supreme Court where remanding the case back to this Court for deciding the afresh in the light of guidelines laid down in the cases reported in PLD 2018 SC 40, PLD 2005 SC364 and PLD 2019 SC 250. Case mainly revolves around allegations against accused Agha Siraj Durani, , for committing corruption and corrupt practices and illegal means accused in the reference, said to be his family members, associates, agents, domestic workers, gunmen, etc. Some of the properties being physically enjoyed by accused Agha Siraj Khan Durani are found still standing in their name in the record. One of them is accused Zulifiqar AliDehar who has remained his private secretary when he was the Minister, Local Government Department. He got a pay order ofRs.49,728,343.00, used for buying a property by accused Agha Siraj Khan Durani, issued from a bank. He did not join investigation, despite being called upon, to put up his defense in this regard. Hence, bail dismissed.
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Matter:BAIL BEFORE ARREST

230 . Const. P. 586/2020 Munawar Ali V/S Chairman NAB & Ors Sindh High Court, Karachi

Topic: NAB

[SHC Citation: 2021- SHC-KHI - 154492 ]
Accused in reference, were extended a relief of pre and post arrest bail by this Court. NAB not satisfied with the order challenged the same before the Honorable Supreme Court where remanding the case back to this Court for deciding the afresh in the light of guidelines laid down in the cases reported in PLD 2018 SC 40, PLD 2005 SC364 and PLD 2019 SC 250. Case mainly revolves around allegations against accused Agha Siraj Durani, , for committing corruption and corrupt practices and illegal means accused in the reference, said to be his family members, associates, agents, domestic workers, gunmen. Two were the plots purchased in the name of Munwar Ali and Ghulam Murtaz ,who are co-accused and have been drivers of accused Agha Siraj Khan Durani. Third property, a commercial plaza in DHA, he purchased, is in the name of Agha Shahbaz Ali s/o Agha Siraj Khan Durani No case for pre arrest bail, Hence , dismissed.
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Matter:BAIL

231 . Const. P. 1559/2021 Muhammad Irfan V/S Chairman NAB and Others Sindh High Court, Karachi

Topic: NAB

[SHC Citation: 2021- SHC-KHI - 154493 ]
Accused in reference, were extended a relief of pre and post arrest bail by this Court. NAB not satisfied with the order challenged the same before the Honorable Supreme Court where remanding the case back to this Court for deciding the afresh in the light of guidelines laid down in the cases reported in PLD 2018 SC 40, PLD 2005 SC364 and PLD 2019 SC 250. Case mainly revolves around allegations against accused Agha Siraj Durani, , for committing corruption and corrupt practices and illegal means accused in the reference, said to be his family members, associates, agents, domestic workers, gunmen, etc. Muhammad Irfan is found an ostensible owner of a bungalow in phase-V DHA Karachi estimated to be Page 10 of 19worth Rs.240 million. That he purchased in the year 2011 and since then accused Agha Siraj Khan Durani has been living there with his family, and he not for a single day has resided therein. No plausible explanation for such status quo has been forwarded by him in his petition. He has only pleaded that being owner of a bungalow is not an offence. But has utterly disregarded, in the wake of allegations against him, to tell the resource utilized by him to purchase such property and in what capacity he has let accused Agha Siraj Khan Durani live in his bungalow. there is prima facie sufficient evidence against him plus there is no material to show his implication by NAB in this case on account of any disingenuous motive. No case for pre arrest bail, Hence , dismissed.
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Matter:BAIL

232 . Const. P. 1641/2020 Sonya Durrani V/S NAB & Ors Sindh High Court, Karachi

Topic: NAB

[SHC Citation: 2021- SHC-KHI - 154481 ]
accused in reference, were extended a relief of pre and post arrest bail by this Court. NAB not satisfied with the order challenged the same before the Honorable Supreme Court where remanding the case back to this Court for deciding the afresh in the light of guidelines laid down in the cases reported in PLD 2018 SC 40, PLD 2005 SC364 and PLD 2019 SC 250. Case mainly revolves around allegations against accused Agha Siraj Durani, , for committing corruption and corrupt practices and illegal means accused in the reference, said to be his family members, associates, agents, domestic workers, gunmen, etc., are identified as Benamidar/ostensible owners of the properties actually owned and possessed by him. We come to the case of family members of accused Agha Siraj Khan Durani (his wife, a son and three daughters). It is noted, they have been identified as Benamidar owners of certain properties like plots, flats ,bungalows, vehicles .s. Allegation to provide finance to purchase the properties is against him, and not against his family members. there is no evidence or even allegation that his family members were either privy to his alleged acts of depravity, aiding and abetting him. Petition of SoniaDurrani (C.P.No.D-1641/2020) is allowed and bail is confirmed.
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Matter:BAIL

233 . Const. P. 1851/2019 Shamshad Khatoon V/S Chairman NAB & Ors Sindh High Court, Karachi

Topic: NAB

[SHC Citation: 2021- SHC-KHI - 154484 ]
Accused in reference, were extended a relief of pre and post arrest bail by this Court. NAB not satisfied with the order challenged the same before the Honorable Supreme Court where remanding the case back to this Court for deciding the afresh in the light of guidelines laid down in the cases reported in PLD 2018 SC 40, PLD 2005 SC364 and PLD 2019 SC 250. Case mainly revolves around allegations against accused Agha Siraj Durani, , for committing corruption and corrupt practices and illegal means accused in the reference, said to be his family members, associates, agents, domestic workers, gunmen, etc .This accused has been found to have a commercial plaza built on a plot No.8-C DHA phase II. Karachi, ostensibly entered in the name of his wife Shamshad Khatoon who is also an accused. She is not only shown as the declared owner of that property but has been found related to sale and purchase of at least one more expensive property in DHA Karachi involving an amountofRs.26,500,000.00.Then she herself is a government employee, a teacher, and it is incumbent upon her to declare in her tax returns not only her properties but also the source used to buy them .Bail dismissed.
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Matter:BAIL BEFORE ARREST

234 . Const. P. 2235/2019 Aslam Pervaiz Langah V/S The Chairman NAB and Ors Sindh High Court, Karachi [SHC Citation: 2021- SHC-KHI - 154487 ]
Accused in reference, were extended a relief of pre and post arrest bail by this Court. NAB not satisfied with the order challenged the same before the Honorable Supreme Court where remanding the case back to this Court for deciding the afresh in the light of guidelines laid down in the cases reported in PLD 2018 SC 40, PLD 2005 SC364 and PLD 2019 SC 250. Case mainly revolves around allegations against accused Agha Siraj Durani, , for committing corruption and corrupt practices and illegal means accused in the reference, said to be his family members, associates, agents, domestic workers, gunmen, etc., Petitioner Aslam Pervaiz Langah (C.P.No.D-2235/2019)is stated to a broker/estate agent. He is stated to have facilitated Agha Siraj Khan Durani in sale/purchase of certain assets, .But there is nothing palpably incriminating in this, this is what a realtor does to earn his livelihood. Prima facie his role is of doing business with accused Agha Siraj Khan Durani or with the ones acting on his behalf. There is no material to show that he was in collusion with him .Unless the evidence to establish his complicity with accused Agha Siraj Khan Durani for creating layers to conceal his property or income is produced in the trial, his case would fall within the scope of further enquiry and he would be entitled to relief of pre arrest bail. bail is confirmed
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Matter:BAIL BEFORE ARREST

235 . Const. P. 6623/2019 Shakeel Ahmed V/S Chairman NAB and Ors Sindh High Court, Karachi

Topic: NAB

[SHC Citation: 2021- SHC-KHI - 154488 ]
Accused in reference, were extended a relief of pre and post arrest bail by this Court. NAB not satisfied with the order challenged the same before the Honorable Supreme Court where remanding the case back to this Court for deciding the afresh in the light of guidelines laid down in the cases reported in PLD 2018 SC 40, PLD 2005 SC364 and PLD 2019 SC 250. Case mainly revolves around allegations against accused Agha Siraj Durani, , for committing corruption and corrupt practices and illegal means accused in the reference, said to be his family members, associates, agents, domestic workers, gunmen, etc., Shakeel Ahmed Soomro is town officer of Garhi Yasin, district Shikarpur, home town of accused Agha Siraj Khan Durani. He was found engaged in buying and selling two very expensive properties in DHA Karachi. The money found to have exchanged his hands in this respect runs in myriad millions. Further he is found to have established a liaison for this purpose i.e. sale and purchase with petitioner Gulzar Ahmed whose counsel in his arguments did not deny this fact. But explained that Gulzar Ahmed was a broker and had dealt with him professionally only; had received money from him and then passed on to the party concerned as per business mores. Which is prima facie a glaring indictment of the role ascribed to the petitioner in the reference. When it is considered together with evidence of holding of assets by him, ostensibly beyond his means, in his name in Karachi furnishes sufficient material to believe his involvement in the alleged offence .Therefore, pre arrest bail is dismissed.
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Matter:BAIL

236 . Const. P. 8474/2019 Sayed Muhammad Shah V/S Chairman NAB & Ors Sindh High Court, Karachi

Topic: NAB

[SHC Citation: 2021- SHC-KHI - 154489 ]
Accused in reference, were extended a relief of pre and post arrest bail by this Court. NAB not satisfied with the order challenged the same before the Honorable Supreme Court where remanding the case back to this Court for deciding the afresh in the light of guidelines laid down in the cases reported in PLD 2018 SC 40, PLD 2005 SC364 and PLD 2019 SC 250. Case mainly revolves around allegations against accused Agha Siraj Durani, , for committing corruption and corrupt practices and illegal means accused in the reference, said to be his family members, associates, agents, domestic workers, gunmen. Syed Muhammad Shah is identified to have purchased at least three properties in DHA Karachi through pay orders using his name on behalf of accused Agha Siraj Khan Durani. Two were the plots purchased in the name of Munwar Ali and Ghulam Murtaza, who are co-accused and have been drivers of accused Agha Siraj Khan Durani. No case for pre arrest bail, Hence , dismissed.
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Matter:BAIL

237 . Const. P. 1639/2020 Sara Durrani V/S NAB & Ors Sindh High Court, Karachi [SHC Citation: 2021- SHC-KHI - 154479 ]
Petitioners, accused in reference, were extended a relief of pre and post arrest bail by this Court. NAB not satisfied with the order challenged the same before the Honorable Supreme Court where remanding the case back to this Court for deciding the afresh in the light of guidelines laid down in the cases reported in PLD 2018 SC 40, PLD 2005 SC364 and PLD 2019 SC 250. Case mainly revolves around allegations against accused Agha Siraj Durani, , for committing corruption and corrupt practices and illegal means while acting as a Minister of Local Government ,Other petitioners, accused in the reference, said to be his family members, associates, agents, domestic workers, gunmen, etc., are identified as Benamidar/ostensible owners of the properties actually owned and possessed by him. We come to the case of family members of accused Agha Siraj Khan Durani (his wife, a son and three daughters). It is noted, they have been identified as Benamidar owners of certain properties like plots, flats ,bungalows, vehicles .s. Allegation to provide finance to purchase the properties is against him, and not against his family members. there is no evidence or even allegation that his family members were either privy to his alleged acts of depravity, aiding and abetting him. Petition of, Sara Durrani (C.P.No.D-1639/2020), is allowed and bail is confirmed on the same granted ad interim pre arrest bail on.
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Matter:BAIL