1) 5663/2021 Const. P. Mir Karam Ali Magsi and Others (Petitioner) V/S Province of Sindh and Others (Respondent)
Sindh High Court, Karachi

Tag Line:

whether a person is legally qualified for appointment or promotion to a particular post and grade is relatable to the factum whether he possesses the requisite qualifications for consideration, whereas the question of fitness pertains to the competency of the person concerned, which is to be decided by the competent authority.
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Matter:SERVICE
Advocates:Ghulam Shabbir Babar(ADVO-10219-SBC-KHI),Ali Asadullah Bullo(ADVO-12811-SBC-KHI),Sikandar Ali(ADVO-14953-SBC-KHI),Ahmed Ali Ghumro(ADVO-793-SBC-SUK),Advocate General Sindh(ADVO-GEN-SBC-KHI)

Approved for Reporting Hon'ble Mr. Justice Naimatullah Phulpoto, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author)
Order Date: 23-MAY-22

2) 6061/2019 Const. P. Azra Parveen (Petitioner) V/S Fed. of Pakistan and Others (Respondent)
Sindh High Court, Karachi

Tag Line:

up-gradation and promotion issue in NICH
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Matter:SERVICE
Advocates:Ghulam Muhammad(ADVO-1485-SBC-LRK),Deputy Attorney General(),Moin Azhar Siddiqui(ADVO-3955-SBC-KHI),Imdad Ali Tunio(ADVO-814-SBC-LRK),Advocate General Sindh(ADVO-GEN-SBC-KHI)

Approved for Reporting Hon'ble Mr. Justice Naimatullah Phulpoto, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author)
Order Date: 23-MAY-22

3) 2220/2022 Const. P. Muhammad Nadeem Akber (Petitioner) V/S Province of Sindh & Others (Respondent)
Sindh High Court, Karachi

Tag Line:

whether the recruitment rules have been notified or gazetted--whether the competent authority is empowered under the Rules, 1974, to appoint civil servants from different departments of Government of Sindh to the Inspection and Registration of Private Institutions, School Education, and Literacy Department Cadre
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Matter:QUO WARRANTO
Advocates:Muhammad Arshad Khan Tanoli(ADVO-8709-SBC-KHI),Naeem Iqbal(ADVO-11353-SBC-KHI),Zamir Hussain Ghumro(ADVO-10861-SBC-KHI),Danish Rashid(ADVO-13031-SBC-KHI)

Approved for Reporting Hon'ble Mr. Justice Naimatullah Phulpoto, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author)
Order Date: 23-MAY-22

4) 6211/2021 Const. P. Asad Khan (Petitioner) V/S Fed. of Pakistan and Others (Respondent)
Sindh High Court, Karachi
Matter:SERVICE
Advocates:Nabi Bux(ADVO-18423-SBC-KHS),Dy Attorney General(DAG),Muhammad Khan(ADVO-2324-SBC-HYD),Mukesh Kumar G. Karara(ADVO-836-SBC-SUK),Syed Masood Ahmed Shah Bukhari(ADVO-118-SBC-HYD)
Hon'ble Mr. Justice Naimatullah Phulpoto, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author)
Order Date: 20-MAY-22

5) 6781/2021 Const. P. Azher Saeed Khan and Others (Petitioner) V/S Administrator of Abandones Properties & Ors (Respondent)
Sindh High Court, Karachi
Matter:SERVICE
Advocates:Dy Attorney General(DAG),Imtiaz Ali Solangi(ADVO-15225-SBC-KHI),S. M. Shuja Abbas(ADVO-3695-SBC-KHI)
Hon'ble Mr. Justice Naimatullah Phulpoto(Author), Hon'ble Mr. Justice Adnan-ul-Karim Memon
Order Date: 20-MAY-22

6) 1074/2019 Suit Ever Shine Constructors (Plaintiff) V/S Khairpur Special Economic Zone (Defendant)
Sindh High Court, Karachi

Tag Line:

Court having jurisdiction under section 20 Arbitration Act, 1940.
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Matter:ARBITRATION

Approved for Reporting Hon'ble Mr. Justice Adnan Iqbal Chaudhry(Author)
Order Date: 23-MAY-22

7) 320/2020 Suit K-electric (Plaintiff) V/S Pakistan & others (Defendant)
Sindh High Court, Karachi

Tag Line:

Jurisdiction of DG I&I ??? IR to issue notice under section 176 of the Income Tax Ordinance, 2001.
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Matter:TAX MATTER
Advocates:Hyder Ali Khan(ADVO-44631-PBC-LHR),Khwaja Aizaz Ahsan(ADVO-62607-PBC-LHR),Ghulam Asghar Pathan(ADVO-13987-SBC-KHI)
Hon'ble Mr. Justice Adnan Iqbal Chaudhry(Author)
Order Date: 18-MAY-22

8) 8830/2018 Const. P. Wahid Khursheed Kunwar (Petitioner) V/S EOBI and Ors (Respondent)
Sindh High Court, Karachi
Matter:SERVICE
Advocates:Zafar Imam(ADVO-7019-SBC-KHI),Dy Attorney General(DAG),Ali Asadullah Bullo(ADVO-12811-SBC-KHI),Ali Wahid(ADVO-16298-SBC-KHI)

Approved for Reporting Hon'ble Mr. Justice Naimatullah Phulpoto(Author), Hon'ble Mr. Justice Adnan-ul-Karim Memon
Order Date: 13-MAY-22

9) 5059/2020 Const. P. Mst. Rukhsana (Petitioner) V/S Province of Sindh and Others (Respondent)
Sindh High Court, Karachi
Matter:APPOINTMENT
Advocates:Ghulam Mohammad(ADVO-4755-SBC-KHI),Ahmed Ali Ghumro(ADVO-793-SBC-SUK),Advocate General Sindh(ADVO-GEN-SBC-KHI)
Hon'ble Mr. Justice Naimatullah Phulpoto(Author), Hon'ble Mr. Justice Adnan-ul-Karim Memon
Order Date: 19-MAY-22

10) 4597/2019 Const. P. Rizwan Tahir & Ors (Petitioner) V/S Province of Sindh & Others (Respondent)
Sindh High Court, Karachi
Matter:SERVICE

Approved for Reporting Hon'ble Mr. Justice Naimatullah Phulpoto, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author)
Order Date: 13-MAY-22

11) 1367/2021 Suit Shahryar (Plaintiff) V/S Sheikh Muhammad Iqbal & other (Defendant)
Sindh High Court, Karachi

Tag Line:

Enforcement of trademark under Customs Rules, 2001.
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Matter:DECLARATION
Hon'ble Mr. Justice Adnan Iqbal Chaudhry(Author)
Order Date: 16-MAY-22

12) 1288/2022 Const. P. Abdul Shakoor Khan (Petitioner) V/S Province of Sindh & Others (Respondent)
Sindh High Court, Karachi
Matter:QUO WARRANTO
Advocates:Munawar Alam Khan(ADVO-1257-SBC-SUK),Sajjad Ahmed(ADVO-16879-SBC-KHS),Addl. Advocate General Sindh(AdlAdvSindh)

Approved for Reporting Hon'ble Mr. Justice Naimatullah Phulpoto, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author)
Order Date: 16-MAY-22

13) 66/2010 R.A (Civil Revision) Gul Muhammad and others (Applicant) V/S Sardar Khan, thr:his L.Rs.&Ors (Respondent)
Sindh High Court, Bench at Sukkur

Tag Line:

1. Dismissal of suit in Non-prosecution under Order 9 CPC, upheld till High Court operates as a Bar to a 2nd Suit by the same plaintiff in respect of the same cause of action; notwithstanding, any subsequent Judgment in the Suit of Defendant, either way. No fresh cause of action can accrue.
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Matter:ADMINISTRATION

Approved for Reporting Hon'ble Mr. Justice Muhammad Junaid Ghaffar(Author)
Order Date: 16-MAY-22

14) 2997/2022 Const. P. Shamim Feroz (Petitioner) V/S SECP & ORs (Respondent)
Sindh High Court, Karachi
Matter:DIRECTION
Advocates:Abdul Moiz Jaferii(ADVO-15832-SBC-KHS),Asad Anwer Alavi(ADVO-16067-SBC-KHE)
Hon'ble Mr. Justice Yousuf Ali Sayeed(Author)
Order Date: 18-MAY-22

15) 953/2022 Cr.Bail MUHAMMAD YOUSUF KHAN S/O MUHAMMAD YOUNIS KHAN (Applicant) V/S THE STATE (Respondent)
Sindh High Court, Karachi
Matter:BAIL BEFORE ARREST
Advocates:Imtiaz Hussain(ADVO-18536-SBC-KHS)
Hon'ble Chief Justice Mr. Justice Ahmed Ali M. Shaikh(Author)
Order Date: 16-MAY-22

16) 1058/2020 Const. P. Mukhtiar Ahmed Abro (Petitioner) V/S P.O Sindh & others (Respondent)
Sindh High Court, Bench at Sukkur

Tag Line:

No writ of quo warranto against promotions on project posts, if otherwise they are qualified for promotion
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Matter:NATURE OF CASE NOT ENTERED

Approved for Reporting Hon'ble Mr. Justice Muhammad Junaid Ghaffar(Author), Hon'ble Mr. Justice Zulfiqar Ali Sangi
Order Date: 17-MAY-22

17) 2758/2022 Const. P. Arif Ahmed Siddiqui (Petitioner) V/S Mst. Naghmana Wajahat and Ors (Respondent)
Sindh High Court, Karachi
Matter:AGAINST ORDER OF CIVIL REVISION (CR)
Advocates:Hyder Raza(ADVO-14554-SBC-KHS)
Hon'ble Mr. Justice Yousuf Ali Sayeed(Author)
Order Date: 16-MAY-22

18) 4348/2017 Const. P. Dr. Dileep Kumar and Ors (Petitioner) V/S S.P.S.C and Ors (Respondent)
Sindh High Court, Karachi
Matter:SERVICE

Approved for Reporting Hon'ble Mr. Justice Naimatullah Phulpoto, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author)
Order Date: 26-APR-22

19) 5895/2017 Const. P. Uzma Naz and Ors (Petitioner) V/S The D.G Rangers & Ors (Respondent)
Sindh High Court, Karachi
Matter:PROPERTY MATTER

Approved for Reporting Hon'ble Mr. Justice Muhammad Faisal Kamal Alam(Author)
Order Date: 09-MAY-22

20) 2712/2021 Const. P. Mst. Almas Bano (Petitioner) V/S P.I.A & Ors (Respondent)
Sindh High Court, Karachi
Matter:COMPENSATION

Approved for Reporting Hon'ble Chief Justice Mr. Justice Ahmed Ali M. Shaikh, Hon'ble Mr. Justice Yousuf Ali Sayeed(Author)
Order Date: 13-MAY-22

21) 6/2005 I. A Asad Ali Khan (Appellant) V/S The Conservator Forest and others (Respondent)
Sindh High Court, Bench at Sukkur

Tag Line:

1. In a Reference under Section 30 of the Land Acquisition Act it is the obligation of the person claiming compensation to prove his ownership beyond any doubt. 2. A Reference under section 18 of the Act is different from a Reference under Section 30 ibid and cannot be converted from one to the other by the Referee Court;
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Matter:NATURE OF CASE NOT ENTERED

Approved for Reporting Hon'ble Mr. Justice Muhammad Junaid Ghaffar(Author), Hon'ble Mr. Justice Zulfiqar Ali Sangi
Order Date: 11-MAY-22

22) 2760/2022 Const. P. Syed Mahmood Akhtar Naqvi (Petitioner) V/S Govt of Sindh & Others (Respondent)
Sindh High Court, Karachi

Tag Line:

Test of public interest litigation.
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Matter:DIRECTION
Advocates:In Person(INP)
Hon'ble Mr. Justice Yousuf Ali Sayeed, Hon'ble Mr. Justice Adnan Iqbal Chaudhry(Author)
Order Date: 06-MAY-22

23) 6187/2021 Const. P. Khan Muhammad (Petitioner) V/S Govt. of Sindh and Others (Respondent)
Sindh High Court, Karachi
Matter:PENSION
Advocates:Ghulam Rasool Shaikh(ADVO-1824-SBC-KHP),Addl. Advocate General Sindh(AdlAdvSindh)

Approved for Reporting Hon'ble Mr. Justice Naimatullah Phulpoto(Author), Hon'ble Mr. Justice Adnan-ul-Karim Memon
Order Date: 11-MAY-22

24) 474/2022 Suit All Pakistan Solvent Extractors Association & ors (Plaintiff) V/S Federation of Pakistan & others (Defendant)
Sindh High Court, Karachi

Tag Line:

Quarantine pests. Pakistan Plant Quarantine Rules, 2019.
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Matter:DECLARATION
Advocates:Aamir Raza(ADVO-15010-SBC-KHS),Abid S. Zuberi & Ayan M. Memon Law Associates(FIRM-425-SBC-KHI)

Approved for Reporting Hon'ble Mr. Justice Adnan Iqbal Chaudhry(Author)
Order Date: 11-MAY-22

25) 6949/2016 Const. P. Mst. Ameer Jehan / Bisman Noreen (Petitioner) V/S Prime Minister of Pakistan and Ors (Respondent)
Sindh High Court, Karachi
Matter:FOR ENQUIRY
Advocates:Deputy Attorney General(),In Person(INP)
Hon'ble Chief Justice Mr. Justice Ahmed Ali M. Shaikh(Author), Hon'ble Mr. Justice Yousuf Ali Sayeed
Order Date: 11-MAY-22

26) 4425/2021 Const. P. M/s Medisure Laboratories Pakistan Pvt Ltd (Petitioner) V/S Fed. of Pakistan and Others (Respondent)
Sindh High Court, Karachi
Matter:AGAINST LETTER
Advocates:Abdul Sattar Pirzada(ADVO-13903-SBC-KHI),Masooda Siraj(ADVO-3949-SBC-KHI),Muhabbat Hussain Awan(ADVO-13542-SBC-KHI),Mamoon Nawaz Chaudhry(ADVO-11348-SBC-KHE),Dy Attorney General(DAG)

Approved for Reporting Hon'ble Chief Justice Mr. Justice Ahmed Ali M. Shaikh, Hon'ble Mr. Justice Yousuf Ali Sayeed(Author)
Order Date: 11-MAY-22

27) 1406/2022 Const. P. Moula Bux Sahito & Ors (Petitioner) V/S Province of Sindh & Others (Respondent)
Sindh High Court, Karachi
Matter:AGAINST APPOINTMENT
Advocates:Mohsin Kadir Shahwani(ADVO-12570-SBC-KHS),Naeem Iqbal(ADVO-11353-SBC-KHI),Shahzeb Akhtar Khan(ADVO-13473-SBC-KHI),Haider Waheed(ADVO-10131-SBC-KHE)

Approved for Reporting Hon'ble Mr. Justice Naimatullah Phulpoto, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author)
Order Date: 10-MAY-22

28) 3153/2021 Const. P. Yasir Ali Baloch and Others (Petitioner) V/S Administrative Sect: STEVTA and Others (Respondent)
Sindh High Court, Karachi
Matter:IMPLEMENTATION
Advocates:Rajesh Kumar Khagaija(ADVO-1791-SBC-SUK),In Person(INP),Advocate General Sindh(ADVO-GEN-SBC-KHI)

Approved for Reporting Hon'ble Mr. Justice Naimatullah Phulpoto, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author)
Order Date: 10-MAY-22

29) 5503/2019 Const. P. Abdul Ahad Shaikh and Ors (Petitioner) V/S Province of Sindh & Others (Respondent)
Sindh High Court, Karachi
Matter:SERVICE
Advocates:M.S. Bukhari(ADVO-17093-SBC-KHI),Zamir Hussain Ghumro(ADVO-10861-SBC-KHI),Naeem Iqbal(ADVO-11353-SBC-KHI)

Approved for Reporting Hon'ble Mr. Justice Naimatullah Phulpoto, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author)
Order Date: 10-MAY-22

30) 2463/2020 Const. P. Khalid Abdul Maroof & Ors (Petitioner) V/S Govt of Sindh & Ors (Respondent)
Sindh High Court, Karachi
Matter:SERVICE
Advocates:G.N.Qureshi(ADVO-7228-SBC-KHI),Abdul Salam(ADVO-9175-SBC-KHE),Rabya Javed(ADVO-15733-SBC-KHI),Advocate General Sindh(ADVO-GEN-SBC-KHI)

Approved for Reporting Hon'ble Mr. Justice Naimatullah Phulpoto, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author)
Order Date: 10-MAY-22

31) 4287/2020 Const. P. Sahib Khan Lund Baloch (Petitioner) V/S Province of Sindh and Others (Respondent)
Sindh High Court, Karachi
Matter:SERVICE
Advocates:G.N.Qureshi(ADVO-7228-SBC-KHI),Asif Ali(ADVO-20048-SBC-KHS),Waheed Ali Ghumro(ADVO-18218-SBC-KHS),Ahmed Ali Ghumro(ADVO-793-SBC-SUK),Advocate General Sindh(ADVO-GEN-SBC-KHI)

Approved for Reporting Hon'ble Mr. Justice Naimatullah Phulpoto, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author)
Order Date: 10-MAY-22

32) 1867/2022 Const. P. Subhan Ali Shoro & another (Petitioner) V/S Province of Sindh & Others (Respondent)
Sindh High Court, Karachi
Matter:SERVICE
Advocates:Khawaja Saif ul Islam.(ADVO-7383-SBC-KHI),Advocate General Sindh(ADVO-GEN-SBC-KHI)

Approved for Reporting Hon'ble Mr. Justice Naimatullah Phulpoto, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author)
Order Date: 10-MAY-22

33) 806/2022 Const. P. Samiullah Khan (Petitioner) V/S Province of Sindh & Others (Respondent)
Sindh High Court, Karachi
Matter:SERVICE

Approved for Reporting Hon'ble Mr. Justice Naimatullah Phulpoto, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author)
Order Date: 10-MAY-22

34) 304/2020 Spl. Cus. Ref. A. Collector of Customs (Applicant) V/S M/s. Middle East Construction Company (Respondent)
Sindh High Court, Karachi
Matter:CUSTOM MATTER
Advocates:Asim Muneer Bajwa(ADVO-3939-SBC-KHI),Dilkhurram Shaheen(ADVO-9087-SBC-KHI),Khalid Rajpar(ADVO-10488-SBC-KHI),Imran Ali(ADVO-19503-SBC-KHS)

Approved for Reporting Hon'ble Senior Pusine Mr. Justice Irfan Saadat Khan, Hon'ble Mr. Justice Zulfiqar Ahmad Khan(Author)
Order Date: 07-MAY-22

35) 303/2020 Spl. Cus. Ref. A. Collector of Customs (Applicant) V/S M/s. Middle East Construction Company (Respondent)
Sindh High Court, Karachi
Matter:CUSTOM MATTER
Advocates:Asim Muneer Bajwa(ADVO-3939-SBC-KHI),Dilkhurram Shaheen(ADVO-9087-SBC-KHI),Khalid Rajpar(ADVO-10488-SBC-KHI),Imran Ali(ADVO-19503-SBC-KHS)

Approved for Reporting Hon'ble Senior Pusine Mr. Justice Irfan Saadat Khan, Hon'ble Mr. Justice Zulfiqar Ahmad Khan(Author)
Order Date: 07-MAY-22

36) 1390/2020 Const. P. M/s Middle East Construction Co. (Petitioner) V/S Fed. of Pakistan and Others (Respondent)
Sindh High Court, Karachi
Matter:CUSTOM MATTER
Advocates:Dilkhurram Shaheen(ADVO-9087-SBC-KHI),Dy Attorney General(DAG),Muhammad Khalil Dogar(ADVO-3544-SBC-KHI)

Approved for Reporting Hon'ble Senior Pusine Mr. Justice Irfan Saadat Khan, Hon'ble Mr. Justice Zulfiqar Ahmad Khan(Author)
Order Date: 07-MAY-22

37) 4800/2016 Const. P. Muhammad Akram (Petitioner) V/S Fed. of Pakistan and Ors (Respondent)
Sindh High Court, Karachi
Matter:SERVICE

Approved for Reporting Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author), Hon'ble Justice Mrs. Kausar Sultana Hussain
Order Date: 29-MAY-22

38) 271/2021 Criminal Miscelleneous MUHAMMAD HAROON MENGAL S/O NAIK MUHAMMAD (Applicant) V/S SHO P.S MANGHOPIR & ORS (Respondent)
Sindh High Court, Karachi
Matter:AGAINST ORDER
Advocates:Khadim Hussain(ADVO-4545-SBC-KHI)
Hon'ble Mr. Justice Zulfiqar Ahmad Khan(Author)
Order Date: 06-MAY-22

39) 1489/2007 Suit Adnan Aziz Ahmed (Plaintiff) V/S Rakil Ahmed Zaman& Others (Defendant)
Sindh High Court, Karachi

Topic: Civil Procedure Code CPC
Tag Line:

As far as strength and defence of sale certificate, as relied upon by the defendants, who are the other set of legal heirs are concerned, the subject property never vested with the Nazir of this Court, which could enable him to sell the same and issue sale certificate. Nazir was never given any authority to sell the property on behalf of legal heirs. It was a private sale and some of the legal heirs arranged a buyer and presented him before the Court. Thus, the act of issuing sale certificate by the Nazir was without jurisdiction and/or mandate.
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Approved for Reporting Hon'ble Mr. Justice Muhammad Shafi Siddiqui(Author)
Order Date: 06-MAY-22

40) 2665/2022 Const. P. Syed Mahmood Akhtar Naqvi (Petitioner) V/S Govt of Sindh & Others (Respondent)
Sindh High Court, Karachi
Matter:DIRECTION
Advocates:In Person(INP)
Hon'ble Mr. Justice Yousuf Ali Sayeed(Author)
Order Date: 29-APR-22

41) 2663/2022 Const. P. Syed Mahmood Akhtar Naqvi (Petitioner) V/S Govt of Sindh & Others (Respondent)
Sindh High Court, Karachi
Matter:DIRECTION
Advocates:In Person(INP)
Hon'ble Mr. Justice Yousuf Ali Sayeed(Author)
Order Date: 29-APR-22

42) 746/2017 Const. P. Mst Rifat Hanif & Ors (Petitioner) V/S Federation of Pakistan & Ors (Respondent)
Sindh High Court, Karachi
Matter:AGAINST LETTER
Hon'ble Chief Justice Mr. Justice Ahmed Ali M. Shaikh(Author), Hon'ble Mr. Justice Yousuf Ali Sayeed
Order Date: 29-APR-22

43) 4/2022 Spl.Cr.Bail MUHAMMAD WASIF S/O MUHAMMAD SADIQ (Applicant) V/S THE STATE (Respondent)
Sindh High Court, Karachi

Tag Line:

Offence of Smuggling ??? Bail Granted.
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Matter:BAIL AFTER ARREST
Advocates:Spl.Prosecutor Customs(SpPCus),Shaikh Jawaid Mir(ADVO-5446-SBC-KHI),Ashiq Ali Anwar(ADVO-2754-SBC-KHI),Shahryar Ibrahim (ADVO-16439-SBC-KHS)
Hon'ble Mr. Justice Adnan Iqbal Chaudhry(Author)
Order Date: 26-APR-22

44) 70/2006 R.A (Civil Revision) Muhammad Amjad (Applicant) V/S Shaikh Inamullah & Ors (Respondent)
Sindh High Court, Circuit at Hyderabad

Topic: Specific Relief Act,
Tag Line:

Since the applicant has failed to prove that the respondents No.1 & 2 had the knowledge of any sale transaction, the act of purchasing the property without public notice cannot be pressed into service to prove the mala fide of the respondents No.1 & 2. It could be a careless approach being less serious but not at par with mala fide / dishonesty. Hence specific performance cannot be enforced against subsequent buyer in view of facts of case. Similarly with respect to other issue which concerns with the willingness of applicant, which also on facts ended against applicants, no claim of any alternate relief of damages could be granted.
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Matter:NATURE OF CASE NOT ENTERED

Approved for Reporting Hon'ble Mr. Justice Muhammad Shafi Siddiqui(Author)
Order Date: 29-APR-22

45) 15/2022 Spl.Cr.Bail HARESH KUMAR S/O GOBINDAR KHAN (Applicant) V/S THE STATE (Respondent)
Sindh High Court, Karachi

Tag Line:

Section 2(s) Customs Act, 1969 ??? Bail Granted.
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Matter:BAIL AFTER ARREST
Advocates:Spl.Prosecutor Customs(SpPCus),Ahmed Ali Hussain(ADVO-14280-SBC-KHI),Shamail Sikander(ADVO-18733-SBC-KHS),Ashiq Ali Anwar(ADVO-2754-SBC-KHI)
Hon'ble Mr. Justice Adnan Iqbal Chaudhry(Author)
Order Date: 28-APR-22

46) 1468/2021 Suit ZAHEEN COOPERATIVE HOUSING SOCIETY (Plaintiff) V/S PROVINCE OF SINDH & OTHERS (Defendant)
Sindh High Court, Karachi

Tag Line:

Dispute of boundaries of suit land ??? stay granted.
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Matter:SUIT FOR DECLERATION
Hon'ble Mr. Justice Adnan Iqbal Chaudhry(Author)
Order Date: 29-APR-22

47) 747/2020 Const. P. Syed Sibt-e-Hussain Shah (Petitioner) V/S Fed of Pak & Others (Respondent)
Sindh High Court, Bench at Sukkur

Tag Line:

Promotion matters; fitness of employee; petition is maintainable; Once major penalty has been set-aside, then promotion cannot be denied on the same charges.
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Matter:DETENTION

Approved for Reporting Hon'ble Mr. Justice Muhammad Junaid Ghaffar(Author), Hon'ble Mr. Justice Zulfiqar Ali Sangi
Order Date: 27-APR-22

48) 22/2022 Spl. Cus. Ref. A. Collector of Customs (Enforcement) (Applicant) V/S M/s. Ara Detergents & Chemicals FZE & others (Respondent)
Sindh High Court, Karachi

Tag Line:

Scope of Tribunal???s power under section 194A Customs Act, 1969.
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Matter:CUSTOM MATTER
Advocates:Muhammad Makhdoom Ali Khan(ADVO-2885-SBC-KHI),Hussain Ali Almani(ADVO-12585-SBC-KHI)

Approved for Reporting Hon'ble Mr. Justice Adnan Iqbal Chaudhry(Author)
Order Date: 26-APR-22

49) 2116/2019 Const. P. Mst. Nighat Naeem (Petitioner) V/S K.D.A and Ors (Respondent)
Sindh High Court, Karachi
Matter:AGAINST ORDER

Approved for Reporting Hon'ble Senior Pusine Mr. Justice Irfan Saadat Khan, Hon'ble Mr. Justice Muhammad Faisal Kamal Alam(Author)
Order Date: 08-APR-22

50) 2139/2021 Suit SPIRIT INDUSTRIES PVT LTD & OTHERS (Plaintiff) V/S PROVINCE OF SINDH & OTHERS (Defendant)
Sindh High Court, Karachi

Topic: Sindh Public Procurement Rules 2010, Contract Act
Tag Line:

It seems that strategically parties resorted to litigation to have an order of the Court in presence of media campaign and were not willing to do it themselves. Cause for filing this suit is only to the extent that defendants gave a deaf ear to the requests of plaintiffs as far as supply and its acknowledgment is concerned. Defendants are within their rights to accept and inspect the goods as per specifications before goods could be acknowledged. Therefore, if a Committee is created or formed for inspection of goods, the plaintiffs should not shy away and the only purpose left for the Committee is to carry out above mandate as per terms of the contracts-
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Matter:DECLARATION
Advocates:Salahuddin Ahmed(ADVO-9058-SBC-KHS),Muhammad Asif Malik(ADVO-8425-SBC-KHI)

Approved for Reporting Hon'ble Mr. Justice Muhammad Shafi Siddiqui(Author)
Order Date: 18-APR-22

51) 1634/2009 Suit Mst. Humera Jabeen & Ors (Plaintiff) V/S Muhammad Arshad & Ors (Defendant)
Sindh High Court, Karachi

Tag Line:

Principles of recusals of a Judge.
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Matter:PARTITION

Approved for Reporting Hon'ble Mr. Justice Adnan Iqbal Chaudhry(Author)
Order Date: 30-MAR-22

52) 2305/2020 Const. P. Aisha Steel Mills Ltd (Petitioner) V/S Fed. of Pakistan and Others (Respondent)
Sindh High Court, Karachi
Matter:AGAINST NOTIFICATION / K-ELECTRIC
Advocates:Qazi Umair Ali(ADVO-17282-SBC-KHS)

Approved for Reporting Hon'ble Mr. Justice Syed Hasan Azhar Rizvi, Hon'ble Mr. Justice Zulfiqar Ahmad Khan(Author)
Order Date: 28-SEP-20

53) 751/2020 Const. P. Moosa Khan (Petitioner) V/S P.D.O.H.A & Ors (Respondent)
Sindh High Court, Karachi
Matter:PROPERTY MATTER
Advocates:Ashraf Ali(ADVO-3161-SBC-KHI),Aamir Mansoob Qureshi(ADVO-7457-SBC-KHI),Altaf Hussain(ADVO-12224-SBC-KHI),Naeem Iqbal(ADVO-11353-SBC-KHI)

Approved for Reporting Hon'ble Mr. Justice Syed Hasan Azhar Rizvi, Hon'ble Mr. Justice Zulfiqar Ahmad Khan(Author)
Order Date: 28-APR-20

54) 2999/2021 Suit CIVIL AVIATION AUTHORITY OFFICERS ASSOC. & ANOTHER (Plaintiff) V/S FEDERATION OF PAKISTAN & OTHERS (Defendant)
Sindh High Court, Karachi

Topic: Service matters
Tag Line:

it is inconceivable that under the ibid repealed Ordinances, which were never in fact acted upon, plaintiffs could exert for the transfer of the employees/officers of the two divisions to their respective authorities. The law that stood prior to the repeal of the ordinances under consideration revived and the two authorities are now deemed to be working under the common umbrella of Ordinance 1982 as were earlier.
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Matter:SUIT FOR DECLERATION

Approved for Reporting Hon'ble Mr. Justice Muhammad Shafi Siddiqui(Author)
Order Date: 21-MAR-22

55) 345/2018 H.C.A M/s. Adamjee Insurance Co. Limited (Appellant) V/S M/s. Trustees of the Karachi Port & another (Respondent)
Sindh High Court, Karachi
Matter:AGAINST THE JUDGMENT
Advocates:ORR. DIGNAM & CO.(FIRM-109-SBC-KHI),Sajid Zahid(ADVO-2109-SBC-KHI),M. Sarfaraz Sulehry(ADVO-1929-SBC-KHI)

Approved for Reporting Hon'ble Senior Pusine Mr. Justice Irfan Saadat Khan, Hon'ble Mr. Justice Zulfiqar Ahmad Khan(Author)
Order Date: 03-FEB-22

56) 5924/2021 Const. P. Mahnoor Foods Ind (Petitioner) V/S Fed. of Pakistan and Others (Respondent)
Sindh High Court, Karachi
Matter:CUSTOM MATTER
Advocates:Khalid Hidayat Khan(ADVO-16304-SBC-KHE),Dy Attorney General(DAG),Zain ul Abdin Jatoi(ADVO-6347-SBC-KHI),Pervez Ahmed Memon(ADVO-8069-SBC-KHI)

Approved for Reporting Hon'ble Senior Pusine Mr. Justice Irfan Saadat Khan, Hon'ble Mr. Justice Zulfiqar Ahmad Khan(Author)
Order Date: 07-MAR-22

57) 471/2019 Spl. Cus. Ref. A. Collector of Customs MCC (Applicant) V/S Zeeshan (Respondent)
Sindh High Court, Karachi
Matter:CUSTOM MATTER
Advocates:Khalid Rajpar(ADVO-10488-SBC-KHI),Syed Asif Ali (ADVO-10999-SBC-MLR),Muhammad Ishaque(ADVO-7611-SBC-KHI)

Approved for Reporting Hon'ble Senior Pusine Mr. Justice Irfan Saadat Khan, Hon'ble Mr. Justice Zulfiqar Ahmad Khan(Author)
Order Date: 10-FEB-22

58) 1906/2020 Const. P. Pasban Pakistan (Petitioner) V/S Fed. of Pakistan and Others (Respondent)
Sindh High Court, Karachi

Topic: CONSTITUTION OF PAKISTAN, 1973 (Article 27 Quota System)
Tag Line:

Political interest cannot be enforced through the process of Court under Article 199 of the Constitution under the garb of a Public Interest Litigation. It is the duty of Court to discourage such petitions and to ensure that the course of justice is not obstructed or polluted by unscrupulous litigants by invoking the extraordinary jurisdiction of this Court for personal matters under the garb of the public interest litigation.
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Matter:DIRECTION
Advocates:Irfan Aziz(ADVO-6448-SBC-KHI),Khalid Siddique(ADVO-9792-SBC-KHI)
Hon'ble Mr. Justice Salahuddin Panhwar(Author), Hon'ble Mr. Justice Adnan-ul-Karim Memon
Order Date: 14-MAR-22

59) 3482/2011 Const. P. M/s.Blessed Textile (Petitioner) V/S Federation of Pakistan & Ors. (Respondent)
Sindh High Court, Karachi
Matter:NATURE OF CASE NOT ENTERED
Advocates:KHALID ANWER & CO. ( A. K. BROHI ).(FIRM-157-SBC-KHI)

Approved for Reporting Hon'ble Mr. Justice Aqeel Ahmed Abbasi(Author)
Order Date: 01-MAR-13

60) 630/2020 Suit Mohammad Tarique Khan (Plaintiff) V/S Trading Corporation of Pakistan (Pvt) Ltd & others (Defendant)
Sindh High Court, Karachi

Topic: Civil Procedure Code CPC (O.XXXIX, Rule.1 & 2 Interim Injunction), Civil Procedure Code CPC (Order VII R.11)
Tag Line:

1- A promotion cannot be deferred till such time the enquiry and/or disciplinary proceedings are finalized as a person is presumed to be innocent until found guilty1 . Pendency of inquiry and minor penalties could not come in way of promotion; enquiry proceedings pending against plaintiff for an indefinite period smacked of arbitrariness and mala fide and is a hanging sword on head of employees; such treatment could not sustain in eye of law to deprive the plaintiff of promotion2 . Pendency of inquiry was no ground for denying promotion to the employee and no one could be punished by denying promotion before establishing charge3 . Any such rule formed in deviation of settled principle of law would not come in the way of equality rights guaranteed by Constitution. 2--As regards rejection of plaint under order VII rule 11 CPC on the ground of res judicata is concerned, the defendants plead that the subject matter of instant suit has been decided in the earlier suit and/or the subject matter of earlier suit. In this regard firstly the subject matter of instant suit is a subsequent show-cause notice which was not even in existence at the time of filing earlier suit. Therefore neither principle of order 2 rule 2 nor doctrine of order 23 rule 1 CPC would apply.
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Matter:DIRECTION
Advocates:Muhammad Sarfraz Ali Metlo(ADVO-11638-SBC-KHI),Umair Usman Ghani(ADVO-17297-SBC-KHE),Syed Kawish Hussain Naqvi(ADVO-19083-SBC-KHS), Fayaz Ali Metlo(ADVO-16510-SBC-KHS),Junaid Ahmed(ADVO-15448-SBC-KHE)

Approved for Reporting Hon'ble Mr. Justice Muhammad Shafi Siddiqui(Author)
Order Date: 11-MAR-22

61) 863/2020 Suit Iqbal Khan (Plaintiff) V/S Pakistan International Airlines Comp Ltd & others (Defendant)
Sindh High Court, Karachi

Tag Line:

A show-cause notice was originally contested by filing a suit however no substantial relief was availed by the plaintiff and consequently he received a dismissal order from service on 12.11.2019. It is the case of the plaintiff that he has already filed an appeal against such dismissal which is a remedy under the PIACL Employees (Service & Discipline) Regulations 1985, copy of which is available at page 191 of the file. Learned counsel for plaintiff submits that there is no rational and reason provided in the dismissal order as to why he (plaintiff) would submit forged and fabricated degree of B.Sc. when it was never required at the time of his appointment. Such point requires consideration but since the plaintiff has surrendered himself to the jurisdiction of appellate authority of the department available to him at the relevant time under the Regulations, it would be appellate authority which is supposed to give its finding specially on this defence taken by the plaintiff that there was no necessity or requirement under the advertisement to submit bachelor degree i.e. BSc at the relevant time though he concedes that he presented a mark sheet of second year BSc wherein he failed. Learned counsel for defendant No.1 during course of his arguments has also conceded that the remedy for the plaintiff is by way of appeal in terms of the Regulations prevailing at the relevant time.
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Matter:SUIT FOR DECLERATION
Hon'ble Mr. Justice Muhammad Shafi Siddiqui(Author)
Order Date: 11-MAR-22

62) 5107/2021 Const. P. Atlas Honda Ltd (Petitioner) V/S Pakistan and Others (Respondent)
Sindh High Court, Karachi

Topic: Income Tax Ordinance, 2001 (Section 177), Income Tax Ordinance, 2001 (Section 214C )
Tag Line:

Sectoral benchmark ratios are therefore figures for various business metrics that must be used by the Commissioner to determine taxable income for a taxpayer where a taxpayer has been lawfully selected for audit but is unable to provide the relevant information, sufficient explanation for the record. Sectoral benchmark ratio does not concern with sectoral audit selection. It only empowers the Commissioner on an event when a taxpayer has failed to furnish record or documents including books of accounts or has furnished incomplete record or books of accounts or is unable to provide sufficient explanation regarding defect in relation to the documents or books of accounts on the basis of an independent procedure of Section 177 of Ordinance 2001. It is at this stage when the guidelines of sectoral benchmark ratios, as prescribed by the Board, could be adhered to.
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Matter:INCOME TAX
Advocates:Dy Attorney General(DAG),Hyder Ali Khan(ADVO-44631-PBC-LHR),Ali Tahir(ADVO-17114-SBC-KHE)

Approved for Reporting Hon'ble Mr. Justice Muhammad Shafi Siddiqui(Author), Hon'ble Mr. Justice Mahmood A. Khan
Order Date: 18-FEB-22

63) 3/2020 Judicial Companies Misc. Ali Husain Rajabali Limited (Applicant) V/S Security & Exchange Commissioner of Pakistan (Respondent)
Sindh High Court, Karachi

Topic: Companies matters (Companies Ordinance, 1984)
Tag Line:

The company claimed to have been authorized under Article 6.4 of its Articles of Association to pass special resolution in this regard which it did subject to confirmation of this Court, as required under section 89 of Companies Act, 2017. The Extraordinary General Meeting (EGM) was carried out on 30.01.2020 after issuance of notices dated January 8, 2020 and on the recommendation of the Board of Directors the resolution was passed on 08.01.2020. The Board unanimously through a special resolution passed on 30.06.2020 in terms of Section 89 of the Companies Act, 2017 resolved that the paid up share capital of the company be reduced in terms of the above.
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Matter:DIRECTION
Advocates:Sikandar Khan(ADVO-3828-SBC-KHI)

Approved for Reporting Hon'ble Mr. Justice Muhammad Shafi Siddiqui(Author)
Order Date: 28-JAN-22

64) 3601/2018 Const. P. Pakistan Stock Exchange (Petitioner) V/S Sindh and Others (Respondent)
Sindh High Court, Karachi

Topic: Sindh Sales Tax on Services Act, 2011 (Section 23), Securities Act, 2015 (Section 6), Securities Act, 2015 (Section 7), Stock Exchanges (Corporatization, Demutualization & Integration) Act, 2012 (???Act 2012???), CONSTITUTION OF PAKISTAN, 1973 (Article- 137)
Tag Line:

Stock Exchange is a commercial organization and is engaged in a business of providing services for the trading of securities. As per definition of the term ???Stock Exchange??? it is a market place where facilities for trading of securities are provided. The surplus (receipts over expenses) is distributed regularly as dividend amongst the shareholders. Its shareholders taking part in trading activities as brokers derive profit. Even before demutualization the members of stock exchange were entitled to trading on stock exchange and were also provided services as brokers; they have established their offices and solicit business and use their membership for earning income therefore economic and commercial activities were the core activities of the erstwhile members and also the present TRE holders (trading right entitlement). Stock exchanges entertain applications from individuals and corporate entities to issue them such trading certificates for their economic/business activity. The stock exchange lacks the important attribute of ???lack of commerciality of a members??? club??? for application of the doctrine of mutuality
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Matter:SALES TAX
Advocates:Assitant Adv.Gen. Sindh(AssAdvGen),Dy Attorney General(DAG),Hyder Ali Khan(ADVO-44631-PBC-LHR),Ghulam Murtaza Korai(ADVO-14432-SBC-KHI),Muhammad Tariq(ADVO-19123-SBC-KHS)

Approved for Reporting Hon'ble Mr. Justice Muhammad Shafi Siddiqui(Author), Hon'ble Mr. Justice Mahmood A. Khan
Order Date: 27-JAN-22