1) 536/2023 Criminal Appeal NAZAR ALI S/O ABDULLAH SHORO (Appellant) V/S THE STATE (Respondent)
Sindh High Court, Karachi
Matter:LIFE IMPRISONMENT
Advocates:Asadullah(ADVO-19964-SBC-KHS),Muhammad Jameel(ADVO-4255-SBC-KHI),Prosecutor General Sindh(PGS),Raham Ali(ADVO-12316-SBC-KHI)
Hon'ble Mr. Justice Muhammad Iqbal Kalhoro(Author)
Order Date: 19-NOV-24

2) 2003/2022 Suit TIME PRESS (PVT) LTD (Plaintiff) V/S SUI SOUTHERN GAS COMPANY LIMITED & OTHERS (Defendant)
Sindh High Court, Karachi

Topic: Gas (Theft, Control and Recoverey) Act, 2016 (Order VII Rule XI CPC)
Tag Line:

Gas (Theft Control and Recovery) Act 2016 designates the fora for pertinent prosecution, adjudication and matters ancillary and related thereto; plaint rejected.
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Matter:Others
Advocates:Ghazi Khan Khalil(ADVO-18768-SBC-KHE),Khawaja Shams ul Islam(ADVO-3953-SBC-KHS),Ameer Nausherwan Adil Memon(ADVO-15705-SBC-KHS)
Hon'ble Mr. Justice Agha Faisal(Author)
Order Date: 15-NOV-24

3) 1852/2024 Cr.Bail MST. ERUM NAZ W/O JAVED & ANOTHER (Applicant) V/S THE STATE (Respondent)
Sindh High Court, Karachi
Matter:BAIL BEFORE ARREST/PRE ARREST BAIL
Advocates:Irtafa Ur Rehman(ADVO-19686-SBC-KHS),Aamir Mansoob Qureshi(ADVO-7457-SBC-KHI),Amir Nawaz(ADVO-12726-SBC-KHI),Omar Ismail Gora(ADVO-16910-SBC-KHS),Prosecutor General Sindh(PGS)
Hon'ble Mr. Justice Muhammad Iqbal Kalhoro(Author)
Order Date: 14-NOV-24

4) 5736/2024 Const. P. M/s Meezan Tea Pvt Ltd (Petitioner) V/S Fed. of Pakistan and Others (Respondent)
Sindh High Court, Karachi

Tag Line:

The Supreme Court in the case of Ghulam Sarwar Zardari vs. Piyar Ali alias Piyaro and another (2010 SCMR 624) has laid down that the High Court can intervene under Article 199 of the Constitution to correct mala fide or beyond-jurisdiction investigations by authorities. As such this Court can quash an FIR but not necessarily an investigation at its preliminary stage. Let the investigation be carried out and the result whereof shall be submitted to the competent court for appropriate orders within one month. 8. In view of the above facts and circumstances of the case, no case for interference in the investigation, under article 199 of the Constitution of the Islamic Republic of Pakistan is made at this stage. This petition is dismissed in limine.
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Matter:QUASHEMENT OF F.I.R.
Advocates:Amjed Ali Ruk(ADVO-20417-SBC-KHS)
Hon'ble Mr. Justice Salahuddin Panhwar, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author)
Order Date: 13-NOV-24

5) 1485/2024 Const. P. Ali Gul (Petitioner) V/S Home Secretary & Others (Respondent)
Sindh High Court, Karachi

Topic: Habeas Corpus U/S 491 for wrongful Confinement
Tag Line:

Section 491 of the Cr.P.C. empowers the High Court to issue writs of habeas corpus, which are used to challenge the legality of a person's detention. It provides a remedy for those who believe they are being unlawfully detained, whether by the government or private individuals. The primary purpose of Section 491 Cr.P.C is to ensure that the person is detained under due process of law. And the detention is not based on whim or caprice. Before parting with this order it is directed that the Police officials shall endeavor to contact with detenue and allows her to meet with her father/petitioner and ensure no harm is caused to her by either party and if any harassment is caused to her by any of the parties the police shall act swiftly. In view of the statement of the Investigating officer, no case of illegal detention is made out and the purpose of filing the instant petition under Article 199 read with section 491 Cr. P.C. has been served; therefore, the same stands disposed of.
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Matter:DETENTION
Advocates:In Person(INP),Advocate General Sindh(ADVO-GEN-SBC-KHI),Prosecutor General Sindh(PGS)
Hon'ble Mr. Justice Salahuddin Panhwar, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author)
Order Date: 13-NOV-24

6) 1312/2023 Suit Pakistan Telecommunication Company Ltd (Plaintiff) V/S Pakistan Telecommunication Authority & another (Defendant)
Sindh High Court, Karachi

Tag Line:

PTA Annual Radio Frequency Spectrum Fee; no territorial jurisdiction; plaints returned.
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Matter:Fiscal
Advocates:Muhammad Makhdoom Ali Khan(ADVO-2885-SBC-KHI),Hussain Ali Almani(ADVO-12585-SBC-KHI),Salahuddin(ADVO-11774-SBC-KHE)
Hon'ble Mr. Justice Agha Faisal(Author)
Order Date: 13-NOV-24

7) 153/2022 Spl.Anti.T.Acq.A THE STATE THROUGH P.G SINDH (Appellant) V/S SYED UMAR KAMAL (Respondent)
Sindh High Court, Karachi

Tag Line:

It is a well-settled principle of law that where the direct evidence fails the corroborative piece(s) of evidence will be of no help to the prosecution as portrayed by the learned APG. Reliance can be made to the case of ???Abid Ali & 2 others 2011 SCMR 208??? wherein it was held:- ???Although where the ocular account has been disbelieved the recovered articles which are carrying corroborative value cannot substantiate the charge against the appellants because, in the absence of direct evidence, corroborative evidence by itself cannot bring home the charge of murder against the appellants.???
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Matter:AGAINST ORDER
Advocates:Prosecutor General Sindh(PGS)
Hon'ble Mr. Justice Salahuddin Panhwar, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author)
Order Date: 12-NOV-24

8) 6009/2022 Const. P. Jamil Ahmed (Petitioner) V/S Province of Sindh & Others (Respondent)
Sindh High Court, Karachi

Tag Line:

The main issue involved in the present proceedings is about encashing LPR after retirement. The rules state that LPR must be applied for before retirement. The petitioner retired on 26 October 2016 and applied for LPR encashment later in the year 2002 after 8 years. The petitioner cited cases of his colleagues where the department allowed LPR enchament post-retirement, after a considerable period, when confronted with this position to the respondents, however, this fat was admitted by the department???s representative present I court and sought remittance of this case to the competent authority of the department concerned. 7. Both parties after arguing the matter at some length agreed to dispose of the case, directing the Chief Secretary Sindh who shall constitute a committee headed by him and co-opted by Secretary Finance, Secretary School Education Department, government of Sindh assisted by Regulation wing S&GAD to address the disparity issue and decide the matter, including the petitioner???s requests as made in the memo of the petition within one month after providing meaningful hearing to the parties.
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Matter:PENSION
Advocates:In Person(INP),Ahmed Ali Ghumro(ADVO-793-SBC-SUK),Advocate General Sindh(ADVO-GEN-SBC-KHI)
Hon'ble Mr. Justice Muhammad Iqbal Kalhoro, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author)
Order Date: 11-NOV-24

9) 4921/2022 Const. P. Telephone Employees Coop House (Petitioner) V/S Province of Sindh & Others (Respondent)
Sindh High Court, Karachi
Matter:COOP. HOUSING SOCIETIES
Advocates:Muhammad Zeeshan Abdullah(ADVO-11819-SBC-KHI),Muhammad Vawda(ADVO-14001-SBC-KHI),Naima Aziz(ADVO-7025-SBC-KHC),Advocate General Sindh(ADVO-GEN-SBC-KHI),Ahmed Ali Ghumro(ADVO-793-SBC-SUK)
Hon'ble Mr. Justice Zafar Ahmed Rajput(Author), Hon'ble Justice Ms. Sana Akram Minhas(Author)
Order Date: 11-NOV-24

10) 6609/2020 Const. P. Muhammad Rafique and Others (Petitioner) V/S Province of Sindh and Others (Respondent)
Sindh High Court, Karachi
Matter:COOP. HOUSING SOCIETIES
Hon'ble Mr. Justice Zafar Ahmed Rajput, Hon'ble Justice Ms. Sana Akram Minhas(Author)
Order Date: 11-NOV-24

11) 3376/2012 Const. P. Syed Sharafat Hussain & Ors. V/S Chief Secretary (Petitioner) V/S Chief Secretary Government of Sindh and others (Respondent)
Sindh High Court, Karachi
Matter:Land Matters
Advocates:In Person(INP),Advocate General Sindh(ADVO-GEN-SBC-KHI)
Hon'ble Mr. Justice Zafar Ahmed Rajput, Hon'ble Justice Ms. Sana Akram Minhas(Author)
Order Date: 11-NOV-24

12) 1459/2024 Const. P. Murad Ali Lehri (Petitioner) V/S Province of Sindh & Others (Respondent)
Sindh High Court, Karachi
Matter:TENDER
Advocates:Bilal Haider(ADVO-352019-BBC-QTY),Muhammad Asadullah Shaikh(ADVO-13708-SBC-KHI),Shariq A. Razzak(ADVO-15492-SBC-KHS),Advocate General Sindh(ADVO-GEN-SBC-KHI)
Hon'ble Mr. Justice Arshad Hussain Khan(Author)
Order Date: 07-NOV-24

13) 12/2018 I. A Mazharuddin (Appellant) V/S The Manager SME Leasing Ltd (Respondent)
Sindh High Court, Circuit at Hyderabad
Topic: Financial Institutions (Recovery of Finances) Ordinance XLVI of 2001
Matter:Against Order
Hon'ble Mr. Justice Muhammad Faisal Kamal Alam(Author), Hon'ble Mr. Justice Khadim Hussain Soomro
Order Date: 06-NOV-24

14) 639/2022 Criminal Miscelleneous KARIM BUX JOKHIO @ JAVED & ORS (Applicant) V/S THE STATE & ORS (Respondent)
Sindh High Court, Karachi

Topic: Application under section 561-A Cr.PC (Return of final report U/S 173 Cr.P.C to investigation officer for placing before special court )
Tag Line:

We have noticed that the Judicial Magistrate has been conferred with wide powers to take cognizance of an offense not only when he receives information about the commission of offense from a third person but also when he has knowledge or even suspicion that the offense has been committed. The Magistrate has the power to independently review a police report, even if it concludes that no offense was committed. They can disagree with the police's opinion and take cognizance of the offense, ordering further investigation or issuing process to the accused. The Magistrate's decision is based on their assessment of the facts, not solely on the police's opinion. The terms "charge sheet" and "final report" are not formally defined in the Code. However, they are commonly used in police rules to refer to reports filed under Section 170 Cr.P.C. Reports filed under Section 169, where there's insufficient evidence, are often termed "referred charge," "final report," or "summary." 16. In view of the above we, therefore, dispose of these Criminal Miscellaneous Applications along with the pending application(s), with direction to the trial court to proceed with the matter, frame the charge, and culminate the Criminal proceedings in its logical conclusion within a reasonable time.
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Matter:AGAINST ORDER
Hon'ble Mr. Justice Salahuddin Panhwar(Author), Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author)
Order Date: 04-NOV-24

15) 640/2022 Criminal Miscelleneous KARIM BUX JOKHIO @ JAVED & ORS (Applicant) V/S THE STATE & ORS (Respondent)
Sindh High Court, Karachi

Tag Line:

We have noticed that the Judicial Magistrate has been conferred with wide powers to take cognizance of an offense not only when he receives information about the commission of offense from a third person but also when he has knowledge or even suspicion that the offense has been committed. The Magistrate has the power to independently review a police report, even if it concludes that no offense was committed. They can disagree with the police's opinion and take cognizance of the offense, ordering further investigation or issuing process to the accused. The Magistrate's decision is based on their assessment of the facts, not solely on the police's opinion. The terms "charge sheet" and "final report" are not formally defined in the Code. However, they are commonly used in police rules to refer to reports filed under Section 170 Cr.P.C. Reports filed under Section 169, where there's insufficient evidence, are often termed "referred charge," "final report," or "summary." 16. In view of the above we, therefore, dispose of these Criminal Miscellaneous Applications along with the pending application(s), with direction to the trial court to proceed with the matter, frame the charge, and culminate the Criminal proceedings in its logical conclusion within a reasonable time.
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Matter:AGAINST ORDER
Advocates:Khalid Saifullah (ADVO-17783-SBC-MLR),Muhammad Ashraf Samoo(ADVO-8176-SBC-KHI),Prosecutor General Sindh(PGS)
Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author)
Order Date: 04-NOV-24