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Report-002 AFR

Note: The figures in the following table only show the number of important Judgements/Orders uploaded on this site. It does not reflect total disposal of the Hon'ble Judges.

Apex Court: Honourable Supreme Court of Pakistan, Federal Shariat Court of Pakistan:

Show Only Authored Judgements/Orders

Hon'ble Justice Mrs. Rashida Asad

High Court of Sindh, Principal Seat Karachi, Bench at Sukkur, Circuit Courts at Hyderabad and Larkana
S.No. Citation Case No. Case Year Parties Bench Type Order/Judgment Order_Date A.F.R Head Notes/ Tag Line Bench Apex Court Apex Status
1 Cr.Bail 1559/2019 (S.B.) Sindh High Court, Karachi 2019 MUHAMMAD RIAZ S/O JANAT-UR-REHMAN & ANOTHER (Applicant) VS THE STATE (Respondent) S.B. Order 15-NOV-19 No Hon'ble Justice Mrs. Rashida Asad
2 Cr.Bail 1585/2019 (S.B.) Sindh High Court, Karachi 2019 ASIF S/O BASHIR (Applicant) VS THE STATE (Respondent) S.B. Order 19-NOV-19 Yes Hon'ble Justice Mrs. Rashida Asad
3 Const. P. 5349/2020 (D.B.) Sindh High Court, Karachi 2020 ICTSI Muritius Ltd (Petitioner) VS Pakistana and Others (Respondent) D.B. Order 27-OCT-20 No Hon'ble Chief Justice Mr. Justice Aqeel Ahmed Abbasi(Author), Hon'ble Justice Mrs. Rashida Asad
4 Const. P. 5185/2020 (D.B.) Sindh High Court, Karachi 2020 M/s Diamond Metal (AOP) (Petitioner) VS Fed. of Pakistan and Others (Respondent) D.B. Order 20-OCT-20 No Hon'ble Chief Justice Mr. Justice Aqeel Ahmed Abbasi(Author), Hon'ble Justice Mrs. Rashida Asad
5 Const. P. 842/2021 (D.B.) Sindh High Court, Karachi 2021 LIberty Mills Ltd (Petitioner) VS Fed. of Pakistan and Others (Respondent) D.B. Order 01-FEB-21 No Hon'ble Chief Justice Mr. Justice Aqeel Ahmed Abbasi(Author), Hon'ble Justice Mrs. Rashida Asad
6 R.A (Civil Revision) 88/2012 (S.B.) Sindh High Court, Circuit at Hyderabad 2012 Ali Anwar & another (Applicant) VS Province of Sindh and Others (Respondent) S.B. Order 24-SEP-20 Yes Hon'ble Justice Mrs. Rashida Asad(Author)
7 Cr.Bail 739/2020 (S.B.) Sindh High Court, Circuit at Hyderabad 2020 Muhammad Amir (Applicant) VS The State (Respondent) S.B. Order 24-AUG-20 Yes Hon'ble Justice Mrs. Rashida Asad(Author)
8 Spl.Anti.Ter.A. 191/2019 (D.B.) Sindh High Court, Karachi 2019 SYED ZAIN ALI S/O SYED SHAKIR ALI (Appellant) VS THE STATE (Respondent) D.B. Judgement 07-MAY-20 No Hon'ble Mr. Justice Abdul Maalik Gaddi(Author), Hon'ble Justice Mrs. Rashida Asad
9 Civil Revision 167/2012 (S.B.) Sindh High Court, Circuit at Hyderabad 2012 Hashim & Others (Applicant) VS Ratan & Others (Respondent) S.B. Order 07-AUG-20 Yes Hon'ble Justice Mrs. Rashida Asad(Author)
10 Cr.Misc. 610/2019 (S.B.) Sindh High Court, Circuit at Hyderabad 2019 Malook (Applicant) VS Learned Sessions Judge/Ex-Officio Tharparkar & others (Respondent) S.B. Order 31-AUG-20 Yes Hon'ble Justice Mrs. Rashida Asad(Author)
11 Const. P. 5218/2020 (D.B.) Sindh High Court, Karachi 2020 Ali Raza Gheewala (Petitioner) VS Deputy Commissioner I.R and Others (Respondent) D.B. Judgement 22-DEC-20 Yes A Divisional Bench of this Court comprising of Mr. Justice Aqeel Ahmed Abbasi and Justice Mrs. Rashida Asad has pronounced the judgment on 22nd December 2020 in the case of Aameer Mustaaly Karachiwalla v. Deputy Commissioner Inland Revenue and others (alongwith other connected Petitions), whereby, the petitioners have challenged the issuance of notice under Section 182(2) read with Section 116A of the Income Tax Ordinance, 2001, enforcing penalty for not submitting returns regarding Foreign Income and Assets Statement. The plea of the petitioners was that the petitioners have already declared Foreign Income and Assets from all the sources in their wealth statement filed under Section 116 alongwith their return of total income for the Tax Year 2019 under Section 114 of the Income Tax Ordinance, 2001, within the prescribed time limit, by availing e-filing facility via IRIS, whereas, such return was duly accepted, as no notice was issued to the petitioners by the Department in terms of Section 120(3) of the Income Tax Ordinance, 2001, requiring the petitioners to furnish any short documents in this regard. It was further argued on behalf of the petitioners that omission in filing returns was neither deliberate nor it has any financial implications or involvement of payment of any taxes, etc. therefore, the penalty provisions of Section 182 of the Income Tax Ordinance, 2001, could not be invoked. Learned Divisional Bench of this Court by examining all the relevant provisions of law and case-laws has been pleased to allow the aforesaid Petitions in the following terms: - 13. In view of the foregoing discussions, we are of considered opinion that in the absence of prescribed format notified under Section 116A of the Income Tax Ordinance 2001, whereas, nothing has been concealed by petitioners, nor there is any consequence either on income or tax liability of petitioners for non-filing of Foreign Income & Assets Statement along with return of income for Tax Year 2019, the penal provisions of Section 182 of the Income Tax Ordinance, 2001, could not be invoked. Particularly, when respondents have failed to establish willful default or mens rea on the part of petitioners. We derive analogical guidance from the Non delegation Doctrine which is well established in jurisprudence and is attracted in the instant circumstances. Issuance of notices under section 182(2) cannot be validated, therefore, impugned notices having no support of lawful authority are hereby declared as illegal, hence, of no legal consequence. For these reasons, the petitions were allowed vide short order announced on 22.12.2020. Hon'ble Chief Justice Mr. Justice Aqeel Ahmed Abbasi(Author), Hon'ble Justice Mrs. Rashida Asad(Author) C.P.752/2021 Commissioner Inland Revenue AEOI, Karachi and others v. Ali Raza Gheewala,C.A.387/2022 Commissioner Inland Revenue AEOI, Karachi and others v. Ali Raza Gheewala Before Supreme Court of Pakistan Disposed Leave Granted,impugned judgment suspended,Disposed Disposed of
12 Const. P. 4980/2020 (D.B.) Sindh High Court, Karachi 2020 Arif Habib Ltd (Petitioner) VS Fed.of Pakistan and Ors (Respondent) D.B. Order 15-OCT-20 No Hon'ble Chief Justice Mr. Justice Aqeel Ahmed Abbasi(Author), Hon'ble Justice Mrs. Rashida Asad C.P.239/2021 Arif Habib Limited v. Federation of Pakistan thr. Secretary Revenue & Chairman FBR, Islamabad & others,C.A.320/2022 Arif Habib Limited v. Federation of Pakistan thr. Secretary Revenue & Chairman FBR, Islamabad & others Before Supreme Court of Pakistan Disposed Leave Granted,Pending
13 Const. P. 6044/2020 (D.B.) Sindh High Court, Karachi 2020 OOCL Pakista Pvt Ltd (Petitioner) VS Pakistan and Others (Respondent) D.B. Order 27-NOV-20 No Hon'ble Chief Justice Mr. Justice Aqeel Ahmed Abbasi(Author), Hon'ble Justice Mrs. Rashida Asad
14 Const. P. 208/2021 (D.B.) Sindh High Court, Karachi 2021 M/s Ten Pearls (Petitioner) VS Fed. of Pakistan and Others (Respondent) D.B. Order 11-JAN-21 No Hon'ble Chief Justice Mr. Justice Aqeel Ahmed Abbasi(Author), Hon'ble Justice Mrs. Rashida Asad
15 Const. P. 239/2021 (D.B.) Sindh High Court, Karachi 2021 M/s Faran Sugar Mills (Petitioner) VS Fed.of Pakistan and Others (Respondent) D.B. Order 12-JAN-21 No Hon'ble Chief Justice Mr. Justice Aqeel Ahmed Abbasi(Author), Hon'ble Justice Mrs. Rashida Asad
16 Const. P. 5348/2020 (D.B.) Sindh High Court, Karachi 2020 ICTSI Muritiues Ltd (Petitioner) VS Pakistan and Others (Respondent) D.B. Order 27-OCT-20 No Hon'ble Chief Justice Mr. Justice Aqeel Ahmed Abbasi(Author), Hon'ble Justice Mrs. Rashida Asad
17 Const. P. 6385/2019 (D.B.) Sindh High Court, Karachi 2019 M/s Hussain Engineering Works Pvt Ltd (Petitioner) VS The Commissioner IR & Ors (Respondent) D.B. Order 21-OCT-20 No Hon'ble Chief Justice Mr. Justice Aqeel Ahmed Abbasi(Author), Hon'ble Justice Mrs. Rashida Asad
18 Cr.Bail 1700/2020 (D.B.) Sindh High Court, Karachi 2020 NARESH KUMAR @ JANI SA/O SHAMAN LAL (Applicant) VS THE STATE (Respondent) D.B. Order 08-DEC-20 Yes Hon'ble Mr. Justice Abdul Maalik Gaddi(Author), Hon'ble Justice Mrs. Rashida Asad(Author)
19 Const. P. 4943/2020 (D.B.) Sindh High Court, Karachi 2020 Dawlance (Pvt) Ltd (Petitioner) VS Fed. of Pakistan and Others (Respondent) D.B. Order 12-OCT-20 No Hon'ble Chief Justice Mr. Justice Aqeel Ahmed Abbasi(Author), Hon'ble Justice Mrs. Rashida Asad
20 Const. P. 5327/2020 (D.B.) Sindh High Court, Karachi 2020 Muhammad Aamir (Petitioner) VS Fed. of Pakistan and Others (Respondent) D.B. Judgement 22-DEC-20 Yes A Divisional Bench of this Court comprising of Mr. Justice Aqeel Ahmed Abbasi and Justice Mrs. Rashida Asad has pronounced the judgment on 22nd December 2020 in the case of Aameer Mustaaly Karachiwalla v. Deputy Commissioner Inland Revenue and others (alongwith other connected Petitions), whereby, the petitioners have challenged the issuance of notice under Section 182(2) read with Section 116A of the Income Tax Ordinance, 2001, enforcing penalty for not submitting returns regarding Foreign Income and Assets Statement. The plea of the petitioners was that the petitioners have already declared Foreign Income and Assets from all the sources in their wealth statement filed under Section 116 alongwith their return of total income for the Tax Year 2019 under Section 114 of the Income Tax Ordinance, 2001, within the prescribed time limit, by availing e-filing facility via IRIS, whereas, such return was duly accepted, as no notice was issued to the petitioners by the Department in terms of Section 120(3) of the Income Tax Ordinance, 2001, requiring the petitioners to furnish any short documents in this regard. It was further argued on behalf of the petitioners that omission in filing returns was neither deliberate nor it has any financial implications or involvement of payment of any taxes, etc. therefore, the penalty provisions of Section 182 of the Income Tax Ordinance, 2001, could not be invoked. Learned Divisional Bench of this Court by examining all the relevant provisions of law and case-laws has been pleased to allow the aforesaid Petitions in the following terms: - 13. In view of the foregoing discussions, we are of considered opinion that in the absence of prescribed format notified under Section 116A of the Income Tax Ordinance 2001, whereas, nothing has been concealed by petitioners, nor there is any consequence either on income or tax liability of petitioners for non-filing of Foreign Income & Assets Statement along with return of income for Tax Year 2019, the penal provisions of Section 182 of the Income Tax Ordinance, 2001, could not be invoked. Particularly, when respondents have failed to establish willful default or mens rea on the part of petitioners. We derive analogical guidance from the Non delegation Doctrine which is well established in jurisprudence and is attracted in the instant circumstances. Issuance of notices under section 182(2) cannot be validated, therefore, impugned notices having no support of lawful authority are hereby declared as illegal, hence, of no legal consequence. For these reasons, the petitions were allowed vide short order announced on 22.12.2020. Hon'ble Chief Justice Mr. Justice Aqeel Ahmed Abbasi(Author), Hon'ble Justice Mrs. Rashida Asad(Author) C.P.761/2021 Commissioner Inland Revenue AEOI, Karachi and others v. Muhammad Aamir,C.A.396/2022 Commissioner Inland Revenue AEOI, Karachi and others v. Muhammad Aamir Before Supreme Court of Pakistan Disposed Leave Granted,impugned judgment suspended,Disposed Disposed of
21 Cr.Bail 450/2019 (S.B.) Sindh High Court, Circuit at Hyderabad 2019 Sayeda Komal Zafar (Applicant) VS Sayed Maqbool Shah & Others (Respondent) S.B. Order 31-AUG-20 Yes Hon'ble Justice Mrs. Rashida Asad(Author)
22 Const. P. 136/2021 (D.B.) Sindh High Court, Karachi 2021 M/s Sakrand Sugar Mills Ltd (Petitioner) VS Fed. of Pakistan and Others (Respondent) D.B. Order 19-JAN-21 No Hon'ble Chief Justice Mr. Justice Aqeel Ahmed Abbasi(Author), Hon'ble Justice Mrs. Rashida Asad
23 Const. P. 409/2021 (D.B.) Sindh High Court, Karachi 2021 M/s Lar Sugar Mills Ltd (Petitioner) VS Fed. of Pakistan and Others (Respondent) D.B. Order 19-JAN-21 No Hon'ble Chief Justice Mr. Justice Aqeel Ahmed Abbasi(Author), Hon'ble Justice Mrs. Rashida Asad
24 Const. P. 6682/2020 (D.B.) Sindh High Court, Karachi 2020 Pakistan Petroleum Ltd (Petitioner) VS Pakistan and Others (Respondent) D.B. Order 24-DEC-20 No Hon'ble Chief Justice Mr. Justice Aqeel Ahmed Abbasi(Author), Hon'ble Justice Mrs. Rashida Asad C.P.L.A.644-K/2023 The Commissioner Inland Revenue (Legal) v. Pakistan Petroleum Limited & others Before Supreme Court of Pakistan Pending Adjourned (Next Date: 02-Jul-24). No other case be listed before the Bench on the mentioned date.
25 Const. P. 5425/2020 (D.B.) Sindh High Court, Karachi 2020 Muhammad Ashraf (Petitioner) VS Fed. of Pakistan and Others (Respondent) D.B. Judgement 22-DEC-20 Yes A Divisional Bench of this Court comprising of Mr. Justice Aqeel Ahmed Abbasi and Justice Mrs. Rashida Asad has pronounced the judgment on 22nd December 2020 in the case of Aameer Mustaaly Karachiwalla v. Deputy Commissioner Inland Revenue and others (alongwith other connected Petitions), whereby, the petitioners have challenged the issuance of notice under Section 182(2) read with Section 116A of the Income Tax Ordinance, 2001, enforcing penalty for not submitting returns regarding Foreign Income and Assets Statement. The plea of the petitioners was that the petitioners have already declared Foreign Income and Assets from all the sources in their wealth statement filed under Section 116 alongwith their return of total income for the Tax Year 2019 under Section 114 of the Income Tax Ordinance, 2001, within the prescribed time limit, by availing e-filing facility via IRIS, whereas, such return was duly accepted, as no notice was issued to the petitioners by the Department in terms of Section 120(3) of the Income Tax Ordinance, 2001, requiring the petitioners to furnish any short documents in this regard. It was further argued on behalf of the petitioners that omission in filing returns was neither deliberate nor it has any financial implications or involvement of payment of any taxes, etc. therefore, the penalty provisions of Section 182 of the Income Tax Ordinance, 2001, could not be invoked. Learned Divisional Bench of this Court by examining all the relevant provisions of law and case-laws has been pleased to allow the aforesaid Petitions in the following terms: - 13. In view of the foregoing discussions, we are of considered opinion that in the absence of prescribed format notified under Section 116A of the Income Tax Ordinance 2001, whereas, nothing has been concealed by petitioners, nor there is any consequence either on income or tax liability of petitioners for non-filing of Foreign Income & Assets Statement along with return of income for Tax Year 2019, the penal provisions of Section 182 of the Income Tax Ordinance, 2001, could not be invoked. Particularly, when respondents have failed to establish willful default or mens rea on the part of petitioners. We derive analogical guidance from the Non delegation Doctrine which is well established in jurisprudence and is attracted in the instant circumstances. Issuance of notices under section 182(2) cannot be validated, therefore, impugned notices having no support of lawful authority are hereby declared as illegal, hence, of no legal consequence. For these reasons, the petitions were allowed vide short order announced on 22.12.2020. Hon'ble Chief Justice Mr. Justice Aqeel Ahmed Abbasi(Author), Hon'ble Justice Mrs. Rashida Asad(Author) C.P.765/2021 Commissioner Inland Revenue AEOI, Karachi and others v. Muhammad Ashraf,C.A.400/2022 Commissioner Inland Revenue AEOI, Karachi and others v. Muhammad Ashraf Before Supreme Court of Pakistan Disposed Leave Granted,impugned judgment suspended,Disposed Disposed of
26 Const. P. 5756/2020 (D.B.) Sindh High Court, Karachi 2020 Masood Ihsan (Petitioner) VS Fed. of Pakistan and Others (Respondent) D.B. Judgement 22-DEC-20 Yes A Divisional Bench of this Court comprising of Mr. Justice Aqeel Ahmed Abbasi and Justice Mrs. Rashida Asad has pronounced the judgment on 22nd December 2020 in the case of Aameer Mustaaly Karachiwalla v. Deputy Commissioner Inland Revenue and others (alongwith other connected Petitions), whereby, the petitioners have challenged the issuance of notice under Section 182(2) read with Section 116A of the Income Tax Ordinance, 2001, enforcing penalty for not submitting returns regarding Foreign Income and Assets Statement. The plea of the petitioners was that the petitioners have already declared Foreign Income and Assets from all the sources in their wealth statement filed under Section 116 alongwith their return of total income for the Tax Year 2019 under Section 114 of the Income Tax Ordinance, 2001, within the prescribed time limit, by availing e-filing facility via IRIS, whereas, such return was duly accepted, as no notice was issued to the petitioners by the Department in terms of Section 120(3) of the Income Tax Ordinance, 2001, requiring the petitioners to furnish any short documents in this regard. It was further argued on behalf of the petitioners that omission in filing returns was neither deliberate nor it has any financial implications or involvement of payment of any taxes, etc. therefore, the penalty provisions of Section 182 of the Income Tax Ordinance, 2001, could not be invoked. Learned Divisional Bench of this Court by examining all the relevant provisions of law and case-laws has been pleased to allow the aforesaid Petitions in the following terms: - 13. In view of the foregoing discussions, we are of considered opinion that in the absence of prescribed format notified under Section 116A of the Income Tax Ordinance 2001, whereas, nothing has been concealed by petitioners, nor there is any consequence either on income or tax liability of petitioners for non-filing of Foreign Income & Assets Statement along with return of income for Tax Year 2019, the penal provisions of Section 182 of the Income Tax Ordinance, 2001, could not be invoked. Particularly, when respondents have failed to establish willful default or mens rea on the part of petitioners. We derive analogical guidance from the Non delegation Doctrine which is well established in jurisprudence and is attracted in the instant circumstances. Issuance of notices under section 182(2) cannot be validated, therefore, impugned notices having no support of lawful authority are hereby declared as illegal, hence, of no legal consequence. For these reasons, the petitions were allowed vide short order announced on 22.12.2020. Hon'ble Chief Justice Mr. Justice Aqeel Ahmed Abbasi(Author), Hon'ble Justice Mrs. Rashida Asad(Author) C.P.767/2021 Commissioner Inland Revenue AEOI, Karachi and others v. Masood Ihsan,C.A.402/2022 Commissioner Inland Revenue AEOI, Karachi and others v. Masood Ihsan Before Supreme Court of Pakistan Disposed Leave Granted,impugned judgment suspended,Disposed Disposed of
27 Const. P. 5128/2020 (D.B.) Sindh High Court, Karachi 2020 Farkhunda Muslim (Petitioner) VS Fed. of Pakistan and Others (Respondent) D.B. Judgement 22-DEC-20 Yes A Divisional Bench of this Court comprising of Mr. Justice Aqeel Ahmed Abbasi and Justice Mrs. Rashida Asad has pronounced the judgment on 22nd December 2020 in the case of Aameer Mustaaly Karachiwalla v. Deputy Commissioner Inland Revenue and others (alongwith other connected Petitions), whereby, the petitioners have challenged the issuance of notice under Section 182(2) read with Section 116A of the Income Tax Ordinance, 2001, enforcing penalty for not submitting returns regarding Foreign Income and Assets Statement. The plea of the petitioners was that the petitioners have already declared Foreign Income and Assets from all the sources in their wealth statement filed under Section 116 alongwith their return of total income for the Tax Year 2019 under Section 114 of the Income Tax Ordinance, 2001, within the prescribed time limit, by availing e-filing facility via IRIS, whereas, such return was duly accepted, as no notice was issued to the petitioners by the Department in terms of Section 120(3) of the Income Tax Ordinance, 2001, requiring the petitioners to furnish any short documents in this regard. It was further argued on behalf of the petitioners that omission in filing returns was neither deliberate nor it has any financial implications or involvement of payment of any taxes, etc. therefore, the penalty provisions of Section 182 of the Income Tax Ordinance, 2001, could not be invoked. Learned Divisional Bench of this Court by examining all the relevant provisions of law and case-laws has been pleased to allow the aforesaid Petitions in the following terms: - 13. In view of the foregoing discussions, we are of considered opinion that in the absence of prescribed format notified under Section 116A of the Income Tax Ordinance 2001, whereas, nothing has been concealed by petitioners, nor there is any consequence either on income or tax liability of petitioners for non-filing of Foreign Income & Assets Statement along with return of income for Tax Year 2019, the penal provisions of Section 182 of the Income Tax Ordinance, 2001, could not be invoked. Particularly, when respondents have failed to establish willful default or mens rea on the part of petitioners. We derive analogical guidance from the Non delegation Doctrine which is well established in jurisprudence and is attracted in the instant circumstances. Issuance of notices under section 182(2) cannot be validated, therefore, impugned notices having no support of lawful authority are hereby declared as illegal, hence, of no legal consequence. For these reasons, the petitions were allowed vide short order announced on 22.12.2020. Hon'ble Chief Justice Mr. Justice Aqeel Ahmed Abbasi(Author), Hon'ble Justice Mrs. Rashida Asad(Author) C.P.745/2021 Commissioner Inland Revenue AEOI, Karachi and others v. Farkhunda Muslim,C.A.380/2022 Commissioner Inland Revenue AEOI, Karachi and others v. Farkhunda Muslim Before Supreme Court of Pakistan Disposed Leave Granted,impugned judgment suspended,Disposed Disposed of
28 Cr.Bail 577/2020 (S.B.) Sindh High Court, Circuit at Hyderabad 2020 Muhammad Moosa (Applicant) VS The State (Respondent) S.B. Order 24-AUG-20 Yes Hon'ble Justice Mrs. Rashida Asad(Author)
29 Const. P. 883/2021 (D.B.) Sindh High Court, Karachi 2021 M/s Baker Hughes EHO Ltd (Petitioner) VS Fed. of Pakistan and Others (Respondent) D.B. Order 03-FEB-21 No Hon'ble Chief Justice Mr. Justice Aqeel Ahmed Abbasi(Author), Hon'ble Justice Mrs. Rashida Asad
30 Const. P. 5127/2020 (D.B.) Sindh High Court, Karachi 2020 Sohail Inam (Petitioner) VS Fed. of Pakistan and Others (Respondent) D.B. Judgement 22-DEC-20 Yes A Divisional Bench of this Court comprising of Mr. Justice Aqeel Ahmed Abbasi and Justice Mrs. Rashida Asad has pronounced the judgment on 22nd December 2020 in the case of Aameer Mustaaly Karachiwalla v. Deputy Commissioner Inland Revenue and others (alongwith other connected Petitions), whereby, the petitioners have challenged the issuance of notice under Section 182(2) read with Section 116A of the Income Tax Ordinance, 2001, enforcing penalty for not submitting returns regarding Foreign Income and Assets Statement. The plea of the petitioners was that the petitioners have already declared Foreign Income and Assets from all the sources in their wealth statement filed under Section 116 alongwith their return of total income for the Tax Year 2019 under Section 114 of the Income Tax Ordinance, 2001, within the prescribed time limit, by availing e-filing facility via IRIS, whereas, such return was duly accepted, as no notice was issued to the petitioners by the Department in terms of Section 120(3) of the Income Tax Ordinance, 2001, requiring the petitioners to furnish any short documents in this regard. It was further argued on behalf of the petitioners that omission in filing returns was neither deliberate nor it has any financial implications or involvement of payment of any taxes, etc. therefore, the penalty provisions of Section 182 of the Income Tax Ordinance, 2001, could not be invoked. Learned Divisional Bench of this Court by examining all the relevant provisions of law and case-laws has been pleased to allow the aforesaid Petitions in the following terms: - 13. In view of the foregoing discussions, we are of considered opinion that in the absence of prescribed format notified under Section 116A of the Income Tax Ordinance 2001, whereas, nothing has been concealed by petitioners, nor there is any consequence either on income or tax liability of petitioners for non-filing of Foreign Income & Assets Statement along with return of income for Tax Year 2019, the penal provisions of Section 182 of the Income Tax Ordinance, 2001, could not be invoked. Particularly, when respondents have failed to establish willful default or mens rea on the part of petitioners. We derive analogical guidance from the Non delegation Doctrine which is well established in jurisprudence and is attracted in the instant circumstances. Issuance of notices under section 182(2) cannot be validated, therefore, impugned notices having no support of lawful authority are hereby declared as illegal, hence, of no legal consequence. For these reasons, the petitions were allowed vide short order announced on 22.12.2020. Hon'ble Chief Justice Mr. Justice Aqeel Ahmed Abbasi(Author), Hon'ble Justice Mrs. Rashida Asad(Author) C.P.744/2021 Commissioner Inland Revenue AEOI, Karachi and others v. Sohail Inam,C.A.379/2022 Commissioner Inland Revenue AEOI, Karachi and others v. Sohail Inam Before Supreme Court of Pakistan Disposed Leave Granted,impugned judgment suspended,Disposed Disposed of
31 Const. P. 895/2021 (D.B.) Sindh High Court, Karachi 2021 M/s Sindh Abadgar (Petitioner) VS Fed. of Pakistan and Others (Respondent) D.B. Order 03-FEB-21 No Hon'ble Chief Justice Mr. Justice Aqeel Ahmed Abbasi(Author), Hon'ble Justice Mrs. Rashida Asad
32 Cr.Bail 728/2020 (S.B.) Sindh High Court, Circuit at Hyderabad 2020 Nadir Khan (Applicant) VS The State (Respondent) S.B. Order 08-SEP-20 Yes Hon'ble Justice Mrs. Rashida Asad(Author)
33 Const. P. 237/2021 (D.B.) Sindh High Court, Karachi 2021 M/s Overseas Transit Agnency Pvt Ltd and Ors (Petitioner) VS Fed. of Pakistan and Others (Respondent) D.B. Order 12-JAN-21 No Hon'ble Chief Justice Mr. Justice Aqeel Ahmed Abbasi(Author), Hon'ble Justice Mrs. Rashida Asad
34 Spl.Anti.Ter.A. 348/2019 (D.B.) Sindh High Court, Karachi 2019 NASRULLAH KHAN S/O NAZIR AHMED (Appellant) VS THE STATE (Respondent) D.B. Judgement 08-APR-20 Yes Hon'ble Mr. Justice Abdul Maalik Gaddi(Author), Hon'ble Justice Mrs. Rashida Asad
35 Cr.Bail 639/2020 (S.B.) Sindh High Court, Circuit at Hyderabad 2020 Muhammad Saleem (Applicant) VS The State (Respondent) S.B. Order 10-AUG-20 Yes Hon'ble Justice Mrs. Rashida Asad(Author)
36 Cr.Bail 618/2020 (D.B.) Sindh High Court, Karachi 2020 YOUSUF S/O KHADIM HUSSAIN & ANOTHER (Applicant) VS THE STATE (Respondent) D.B. Order 20-MAY-20 Yes Hon'ble Mr. Justice Abdul Maalik Gaddi(Author), Hon'ble Justice Mrs. Rashida Asad
37 Cr.Bail 692/2020 (D.B.) Sindh High Court, Karachi 2020 SHABEER AHMED S/O DABEER AHMED (Applicant) VS THE STATE (Respondent) D.B. Order 15-MAY-20 No Hon'ble Mr. Justice Abdul Maalik Gaddi(Author), Hon'ble Justice Mrs. Rashida Asad(Author)
38 Cr.Bail 1624/2020 (D.B.) Sindh High Court, Karachi 2020 NARESH KUMAR S/O GURDAS LAL @ KG (Applicant) VS THE STATE THROUGH FIA (Respondent) D.B. Order 08-DEC-20 Yes Hon'ble Mr. Justice Abdul Maalik Gaddi(Author), Hon'ble Justice Mrs. Rashida Asad(Author)
39 Cr.Acq.A. 142/2019 (D.B.) Sindh High Court, Circuit at Hyderabad 2019 NIAZ HUSSAIN (Appellant) VS AMEER ALI & OTHERS (Respondent) D.B. Judgement 18-AUG-20 Yes Hon'ble Mr. Justice Naimatullah Phulpoto(Author), Hon'ble Justice Mrs. Rashida Asad(Author)
40 Const. P. 1822/2021 (D.B.) Sindh High Court, Karachi 2021 Geophysical Prospecting Co. of SINOPEC (Petitioner) VS Pakistan and Others (Respondent) D.B. Order 12-MAR-21 No Hon'ble Chief Justice Mr. Justice Aqeel Ahmed Abbasi(Author), Hon'ble Justice Mrs. Rashida Asad
41 Const. P. 1143/2021 (D.B.) Sindh High Court, Karachi 2021 M/s Lal Kohistan Cotton GPF & Oil Mills (Petitioner) VS Fed. of Pakistan & Others (Respondent) D.B. Order 15-FEB-21 No Hon'ble Chief Justice Mr. Justice Aqeel Ahmed Abbasi(Author), Hon'ble Justice Mrs. Rashida Asad
42 Const. P. 1283/2021 (D.B.) Sindh High Court, Karachi 2021 International Brand Ltd (Petitioner) VS Fed. of Pakistan and Others (Respondent) D.B. Order 18-FEB-21 No Hon'ble Chief Justice Mr. Justice Aqeel Ahmed Abbasi(Author), Hon'ble Justice Mrs. Rashida Asad
43 H.C.A 249/2020 (D.B.) Sindh High Court, Karachi 2020 Qasim Zaheer (Appellant) VS Federation of Pakistan & others (Respondent) D.B. Order 01-NOV-21 No Hon'ble Chief Justice Mr. Justice Aqeel Ahmed Abbasi(Author), Hon'ble Justice Mrs. Rashida Asad
44 H.C.A 8/1975 (D.B.) Sindh High Court, Karachi 1975 Messrs. Crescent Shipping Lines Ltd. (Appellant) VS M/s. Brightway Traders & another (Respondent) D.B. Order 29-NOV-21 No Hon'ble Chief Justice Mr. Justice Aqeel Ahmed Abbasi(Author), Hon'ble Justice Mrs. Rashida Asad
45 H.C.A 307/2021 (D.B.) Sindh High Court, Karachi 2021 HMR Waterfront Private Limited & Another (Appellant) VS Muhammad Farhan Wazir & Others (Respondent) D.B. Order 15-DEC-21 No Hon'ble Chief Justice Mr. Justice Aqeel Ahmed Abbasi(Author), Hon'ble Justice Mrs. Rashida Asad
46 H.C.A 323/2021 (D.B.) Sindh High Court, Karachi 2021 MCB Bank Ltd (Appellant) VS Mst. Akhtar Begum through Legal heirs (Respondent) D.B. Order 17-DEC-21 No Hon'ble Chief Justice Mr. Justice Aqeel Ahmed Abbasi(Author), Hon'ble Justice Mrs. Rashida Asad
47 H.C.A 1/2020 (D.B.) Sindh High Court, Karachi 2020 Pakistan Steel Mills Corporation (Pvt) Ltd. (Appellant) VS M/s. Crown Holding Ltd. & others (Respondent) D.B. Order 25-OCT-21 No Hon'ble Chief Justice Mr. Justice Aqeel Ahmed Abbasi(Author), Hon'ble Justice Mrs. Rashida Asad
48 Const. P. 4594/2022 (D.B.) Sindh High Court, Karachi 2022 M/s Adam Sugar Mills Ltd (Petitioner) VS Fed. of Pakistan and Others (Respondent) D.B. Order 11-AUG-22 No Hon'ble Acting Chief Justice Mr. Justice Irfan Saadat Khan(Author), Hon'ble Justice Mrs. Rashida Asad
49 Spl. Cus. Ref. A. 120/2014 (D.B.) Sindh High Court, Karachi 2014 The Additional Director DGI&I-FBR (Applicant) VS Muhammad Saleem (Respondent) D.B. Order 18-AUG-22 No Hon'ble Acting Chief Justice Mr. Justice Irfan Saadat Khan(Author), Hon'ble Justice Mrs. Rashida Asad
50 Const. P. 4683/2022 (D.B.) Sindh High Court, Karachi 2022 M/s Prime Trading Corporation & another (Petitioner) VS Fed. of Pakistan and Others\ (Respondent) D.B. Order 10-AUG-22 No Hon'ble Acting Chief Justice Mr. Justice Irfan Saadat Khan(Author), Hon'ble Justice Mrs. Rashida Asad
51 Const. P. 2099/2023 (D.B.) Sindh High Court, Karachi 2023 Imamuddin Marwat and Others (Petitioner) VS Fed. of Pakistan and Others (Respondent) D.B. Order 28-FEB-24 No Hon'ble Mr. Justice Zafar Ahmed Rajput(Author), Hon'ble Justice Mrs. Rashida Asad(Author)
52 H.C.A 381/2023 (D.B.) Sindh High Court, Karachi 2023 M/s. S.S.S. Corporation (Appellant) VS Abdul Qadir & others (Respondent) D.B. Order 06-JUN-24 No Hon'ble Acting Chief Justice Mr. Justice Muhammad Shafi Siddiqui(Author), Hon'ble Justice Mrs. Rashida Asad
53 Cr.Bail 58/2023 (D.B.) Sindh High Court, Bench at Sukkur 2023 Ghulam Muhammad @ Ghulam Mehrani (Applicant) VS The State (Respondent) D.B. Order 20-SEP-23 Yes Hon'ble Justice Mrs. Rashida Asad, Hon'ble Mr. Justice Khadim Hussain Soomro(Author)
54 Cr.Bail 42/2023 (D.B.) Sindh High Court, Bench at Sukkur 2023 Saleemullah (Applicant) VS The State (Respondent) D.B. Order 05-OCT-23 Yes Hon'ble Justice Mrs. Rashida Asad, Hon'ble Mr. Justice Khadim Hussain Soomro(Author)
55 Const. P. 2684/2024 (D.B.) Sindh High Court, Karachi 2024 Metal Engineering Works Pvt Ltd (Petitioner) VS Fed. of Pakistan and Others (Respondent) D.B. Order 03-JUN-24 No Hon'ble Acting Chief Justice Mr. Justice Muhammad Shafi Siddiqui(Author), Hon'ble Justice Mrs. Rashida Asad
56 Const. P. 2723/2024 (D.B.) Sindh High Court, Karachi 2024 Muhammad Salim (Petitioner) VS Fed. of Pakistan and Others (Respondent) D.B. Order 13-JUN-24 No Hon'ble Acting Chief Justice Mr. Justice Muhammad Shafi Siddiqui(Author), Hon'ble Justice Mrs. Rashida Asad
57 H.C.A 233/2024 (D.B.) Sindh High Court, Karachi 2024 Ms. Sana Aslam (Appellant) VS Dr. Lt. Col. [Rtd] Muhammad Nasir Masood & Others (Respondent) D.B. Order 13-JUN-24 No Hon'ble Acting Chief Justice Mr. Justice Muhammad Shafi Siddiqui(Author), Hon'ble Justice Mrs. Rashida Asad
58 H.C.A 442/2022 (D.B.) Sindh High Court, Karachi 2022 Khurram Saeed Khan (Appellant) VS Shaikh Ammad Arif & Others (Respondent) D.B. Order 03-JUN-24 No Hon'ble Acting Chief Justice Mr. Justice Muhammad Shafi Siddiqui(Author), Hon'ble Justice Mrs. Rashida Asad
59 H.C.A 240/2024 (D.B.) Sindh High Court, Karachi 2024 Pakistan Civil Aviation Authority (Appellant) VS M/s. Vorson (Pvt) Ltd. & others (Respondent) D.B. Order 21-JUN-24 No Hon'ble Acting Chief Justice Mr. Justice Muhammad Shafi Siddiqui(Author), Hon'ble Justice Mrs. Rashida Asad
60 Cr.Bail 638/2020 (S.B.) Sindh High Court, Circuit at Hyderabad 2020 Ghulam Muhammad (Applicant) VS The State (Respondent) S.B. Order 10-AUG-20 Yes Hon'ble Justice Mrs. Rashida Asad(Author)
61 Const. P. 844/2021 (D.B.) Sindh High Court, Karachi 2021 Liberty Mills Ltd (Petitioner) VS Fed. of Pakistan and Others (Respondent) D.B. Order 01-FEB-21 No Hon'ble Chief Justice Mr. Justice Aqeel Ahmed Abbasi(Author), Hon'ble Justice Mrs. Rashida Asad
62 Spl.Anti.Ter.A. 47/2020 (D.B.) Sindh High Court, Karachi 2020 SHERAZ S/O WALI MUHAMMAD (Appellant) VS THE ANTI-TERRORISM COURT-II KARACHI & ANOTHER (Respondent) D.B. Judgement 19-MAY-20 No Hon'ble Mr. Justice Abdul Maalik Gaddi(Author), Hon'ble Justice Mrs. Rashida Asad(Author)
63 Cr.Bail 659/2020 (S.B.) Sindh High Court, Circuit at Hyderabad 2020 Munawar Ali @ Teni (Applicant) VS The State (Respondent) S.B. Order 29-SEP-20 Yes Hon'ble Justice Mrs. Rashida Asad(Author)
64 Const. P. 6705/2020 (D.B.) Sindh High Court, Karachi 2020 M/s HESCO (Petitioner) VS Fed. of Pakistan and Others (Respondent) D.B. Order 24-DEC-20 No Hon'ble Chief Justice Mr. Justice Aqeel Ahmed Abbasi(Author), Hon'ble Justice Mrs. Rashida Asad
65 Const. P. 6716/2020 (D.B.) Sindh High Court, Karachi 2020 Faysal Bank Ltd (Petitioner) VS Pakistan and Others (Respondent) D.B. Order 24-DEC-20 No Hon'ble Chief Justice Mr. Justice Aqeel Ahmed Abbasi(Author), Hon'ble Justice Mrs. Rashida Asad
66 Const. P. 5883/2020 (D.B.) Sindh High Court, Karachi 2020 Paksat International Pvt Ltd (Petitioner) VS Fed. of Pakistan and Others (Respondent) D.B. Order 20-NOV-20 No Hon'ble Chief Justice Mr. Justice Aqeel Ahmed Abbasi(Author), Hon'ble Justice Mrs. Rashida Asad
67 Const. P. 5314/2020 (D.B.) Sindh High Court, Karachi 2020 Bilal Ali Lakhani (Petitioner) VS Fed. of Pakistan and Others (Respondent) D.B. Judgement 22-DEC-20 Yes A Divisional Bench of this Court comprising of Mr. Justice Aqeel Ahmed Abbasi and Justice Mrs. Rashida Asad has pronounced the judgment on 22nd December 2020 in the case of Aameer Mustaaly Karachiwalla v. Deputy Commissioner Inland Revenue and others (alongwith other connected Petitions), whereby, the petitioners have challenged the issuance of notice under Section 182(2) read with Section 116A of the Income Tax Ordinance, 2001, enforcing penalty for not submitting returns regarding Foreign Income and Assets Statement. The plea of the petitioners was that the petitioners have already declared Foreign Income and Assets from all the sources in their wealth statement filed under Section 116 alongwith their return of total income for the Tax Year 2019 under Section 114 of the Income Tax Ordinance, 2001, within the prescribed time limit, by availing e-filing facility via IRIS, whereas, such return was duly accepted, as no notice was issued to the petitioners by the Department in terms of Section 120(3) of the Income Tax Ordinance, 2001, requiring the petitioners to furnish any short documents in this regard. It was further argued on behalf of the petitioners that omission in filing returns was neither deliberate nor it has any financial implications or involvement of payment of any taxes, etc. therefore, the penalty provisions of Section 182 of the Income Tax Ordinance, 2001, could not be invoked. Learned Divisional Bench of this Court by examining all the relevant provisions of law and case-laws has been pleased to allow the aforesaid Petitions in the following terms: - 13. In view of the foregoing discussions, we are of considered opinion that in the absence of prescribed format notified under Section 116A of the Income Tax Ordinance 2001, whereas, nothing has been concealed by petitioners, nor there is any consequence either on income or tax liability of petitioners for non-filing of Foreign Income & Assets Statement along with return of income for Tax Year 2019, the penal provisions of Section 182 of the Income Tax Ordinance, 2001, could not be invoked. Particularly, when respondents have failed to establish willful default or mens rea on the part of petitioners. We derive analogical guidance from the Non delegation Doctrine which is well established in jurisprudence and is attracted in the instant circumstances. Issuance of notices under section 182(2) cannot be validated, therefore, impugned notices having no support of lawful authority are hereby declared as illegal, hence, of no legal consequence. For these reasons, the petitions were allowed vide short order announced on 22.12.2020. Hon'ble Chief Justice Mr. Justice Aqeel Ahmed Abbasi(Author), Hon'ble Justice Mrs. Rashida Asad(Author) C.P.759/2021 Commissioner Inland Revenue AEOI, Karachi and others v. Bilal Ali Lakhani,C.A.394/2022 Commissioner Inland Revenue AEOI, Karachi and others v. Bilal Ali Lakhani Before Supreme Court of Pakistan Disposed Leave Granted,impugned judgment suspended,Disposed Disposed of
68 Civil Revision 154/2006 (S.B.) Sindh High Court, Circuit at Hyderabad 2006 Ahmed (Applicant) VS Khadim Hussain and other (Respondent) S.B. Order 05-OCT-20 Yes Hon'ble Justice Mrs. Rashida Asad(Author)
69 Conf.Case 25/2014 (D.B.) Sindh High Court, Circuit at Hyderabad 2014 Abdul Jabbar (Appellant) VS The State (Respondent) D.B. Judgement 08-SEP-20 Yes Hon'ble Mr. Justice Naimatullah Phulpoto(Author), Hon'ble Justice Mrs. Rashida Asad
70 Cr.Bail 77/2020 (D.B.) Sindh High Court, Karachi 2020 AJMAL S/O BABA MEER (Applicant) VS THE STATE (Respondent) D.B. Order 25-MAR-20 No Hon'ble Mr. Justice Abdul Maalik Gaddi(Author), Hon'ble Justice Mrs. Rashida Asad
71 Const. P. 655/2018 (D.B.) Sindh High Court, Karachi 2018 M/s Detergent Products SARL (Petitioner) VS FOP & Ors (Respondent) D.B. Order 23-OCT-20 No Hon'ble Chief Justice Mr. Justice Aqeel Ahmed Abbasi(Author), Hon'ble Justice Mrs. Rashida Asad C.P.693-K/2021 The Commissioer Inland Revenue Z-III v. M/s. Detergent Products SARL & others Before Supreme Court of Pakistan Disposed Dismissed
72 Const. P. 6222/2020 (D.B.) Sindh High Court, Karachi 2020 M/s Roomi Fabrics Ltd (Petitioner) VS Province of Sindh & Ors (Respondent) D.B. Order 07-DEC-20 No Hon'ble Chief Justice Mr. Justice Aqeel Ahmed Abbasi(Author), Hon'ble Justice Mrs. Rashida Asad C.A.1165/2021 Roomi Fabrics Limited Multan v. Province of Sindh through the SecretaryExcise and Taxation Sindh Karachi and another,C.P.4871/2021 Roomi Fabrics Limited Multan v. Province of Sindh through the SecretaryExcise and Taxation Sindh Karachi and another Before Supreme Court of Pakistan Pending ,Disposed Allowed, Leave Granted and Impugned Judgment suspended.
73 Cr.Rev 20/2020 (S.B.) Sindh High Court, Circuit at Hyderabad 2020 SHAHEEDAR KHAN (Applicant) VS THE STATE (Respondent) S.B. Order 17-AUG-20 Yes Hon'ble Justice Mrs. Rashida Asad(Author)
74 Const. P. 286/2021 (D.B.) Sindh High Court, Karachi 2021 Oleao Corp Pvt Ltd (Petitioner) VS Fed. of Pakistan and Others (Respondent) D.B. Order 13-JAN-21 No Hon'ble Chief Justice Mr. Justice Aqeel Ahmed Abbasi(Author), Hon'ble Justice Mrs. Rashida Asad C.P.886/2023 Tanwir Jamshed v. The Learned 9th Additional District and Sessions Judge Karachi South and others Before Supreme Court of Pakistan Disposed Dismissed
75 Const. P. 5611/2020 (D.B.) Sindh High Court, Karachi 2020 Soneri Bank Ltd (Petitioner) VS Sindh and Others (Respondent) D.B. Order 09-NOV-20 No Hon'ble Chief Justice Mr. Justice Aqeel Ahmed Abbasi(Author), Hon'ble Justice Mrs. Rashida Asad
76 Const. P. 5894/2020 (D.B.) Sindh High Court, Karachi 2020 Faheem Ahmed Khan (Petitioner) VS Fed. of Pakistan and Others (Respondent) D.B. Judgement 22-DEC-20 Yes A Divisional Bench of this Court comprising of Mr. Justice Aqeel Ahmed Abbasi and Justice Mrs. Rashida Asad has pronounced the judgment on 22nd December 2020 in the case of Aameer Mustaaly Karachiwalla v. Deputy Commissioner Inland Revenue and others (alongwith other connected Petitions), whereby, the petitioners have challenged the issuance of notice under Section 182(2) read with Section 116A of the Income Tax Ordinance, 2001, enforcing penalty for not submitting returns regarding Foreign Income and Assets Statement. The plea of the petitioners was that the petitioners have already declared Foreign Income and Assets from all the sources in their wealth statement filed under Section 116 alongwith their return of total income for the Tax Year 2019 under Section 114 of the Income Tax Ordinance, 2001, within the prescribed time limit, by availing e-filing facility via IRIS, whereas, such return was duly accepted, as no notice was issued to the petitioners by the Department in terms of Section 120(3) of the Income Tax Ordinance, 2001, requiring the petitioners to furnish any short documents in this regard. It was further argued on behalf of the petitioners that omission in filing returns was neither deliberate nor it has any financial implications or involvement of payment of any taxes, etc. therefore, the penalty provisions of Section 182 of the Income Tax Ordinance, 2001, could not be invoked. Learned Divisional Bench of this Court by examining all the relevant provisions of law and case-laws has been pleased to allow the aforesaid Petitions in the following terms: - 13. In view of the foregoing discussions, we are of considered opinion that in the absence of prescribed format notified under Section 116A of the Income Tax Ordinance 2001, whereas, nothing has been concealed by petitioners, nor there is any consequence either on income or tax liability of petitioners for non-filing of Foreign Income & Assets Statement along with return of income for Tax Year 2019, the penal provisions of Section 182 of the Income Tax Ordinance, 2001, could not be invoked. Particularly, when respondents have failed to establish willful default or mens rea on the part of petitioners. We derive analogical guidance from the Non delegation Doctrine which is well established in jurisprudence and is attracted in the instant circumstances. Issuance of notices under section 182(2) cannot be validated, therefore, impugned notices having no support of lawful authority are hereby declared as illegal, hence, of no legal consequence. For these reasons, the petitions were allowed vide short order announced on 22.12.2020. Hon'ble Chief Justice Mr. Justice Aqeel Ahmed Abbasi(Author), Hon'ble Justice Mrs. Rashida Asad(Author) C.P.768/2021 Commissioner Inland Revenue AEOI, Karachi and others v. Faheem Ahmed Khan,C.A.403/2022 Commissioner Inland Revenue AEOI, Karachi and others v. Faheem Ahmed Khan,C.P.84-K/2023 Azim Ahmed & others v. Federation of Pakistan through its Secretary Revenue Division Government of Pakistan Islamabad & others Before Supreme Court of Pakistan Disposed Leave Granted,impugned judgment suspended,Disposed Disposed of,Pending
77 Const. P. 527/2018 (S.B.) Sindh High Court, Circuit at Hyderabad 2018 Syed Hamanyoon (Petitioner) VS Irshad Ahmed (Respondent) S.B. Order 21-SEP-20 Yes Hon'ble Justice Mrs. Rashida Asad(Author)
78 Const. P. 1483/2019 (D.B.) Sindh High Court, Karachi 2019 Nasir Ahmed (Petitioner) VS Province of Sindh & Others (Respondent) D.B. Order 07-DEC-20 No Hon'ble Chief Justice Mr. Justice Aqeel Ahmed Abbasi(Author), Hon'ble Justice Mrs. Rashida Asad
79 Const. P. 934/2021 (D.B.) Sindh High Court, Karachi 2021 Ms/ Fuso Master Motors Pvt Ltd (Petitioner) VS Fed. of Pakistan and Others (Respondent) D.B. Order 23-FEB-21 No Hon'ble Chief Justice Mr. Justice Aqeel Ahmed Abbasi(Author), Hon'ble Justice Mrs. Rashida Asad
80 Criminal Appeal 115/2020 (D.B.) Sindh High Court, Karachi 2020 MANSOOR @ MANSOORI S/O ZIKRIYA KHAN & ANOTHER (Appellant) VS THE STATE (Respondent) D.B. Judgement 14-MAY-20 Yes Hon'ble Mr. Justice Abdul Maalik Gaddi(Author), Hon'ble Justice Mrs. Rashida Asad Crl.P.108-K/2020 Mansoor @ Mansoori & another v. The State Before Supreme Court of Pakistan Disposed Dismissed
81 Const. P. 24/2017 (S.B.) Sindh High Court, Circuit at Hyderabad 2017 Akhtar Hussain (Petitioner) VS D.J Hyd. & Others (Respondent) S.B. Order 24-AUG-20 Yes Hon'ble Justice Mrs. Rashida Asad(Author)
82 Const. P. 5307/2020 (D.B.) Sindh High Court, Karachi 2020 Abbas Sayeed (Petitioner) VS Fed. of Pakistan and Others (Respondent) D.B. Judgement 22-DEC-20 Yes A Divisional Bench of this Court comprising of Mr. Justice Aqeel Ahmed Abbasi and Justice Mrs. Rashida Asad has pronounced the judgment on 22nd December 2020 in the case of Aameer Mustaaly Karachiwalla v. Deputy Commissioner Inland Revenue and others (alongwith other connected Petitions), whereby, the petitioners have challenged the issuance of notice under Section 182(2) read with Section 116A of the Income Tax Ordinance, 2001, enforcing penalty for not submitting returns regarding Foreign Income and Assets Statement. The plea of the petitioners was that the petitioners have already declared Foreign Income and Assets from all the sources in their wealth statement filed under Section 116 alongwith their return of total income for the Tax Year 2019 under Section 114 of the Income Tax Ordinance, 2001, within the prescribed time limit, by availing e-filing facility via IRIS, whereas, such return was duly accepted, as no notice was issued to the petitioners by the Department in terms of Section 120(3) of the Income Tax Ordinance, 2001, requiring the petitioners to furnish any short documents in this regard. It was further argued on behalf of the petitioners that omission in filing returns was neither deliberate nor it has any financial implications or involvement of payment of any taxes, etc. therefore, the penalty provisions of Section 182 of the Income Tax Ordinance, 2001, could not be invoked. Learned Divisional Bench of this Court by examining all the relevant provisions of law and case-laws has been pleased to allow the aforesaid Petitions in the following terms: - 13. In view of the foregoing discussions, we are of considered opinion that in the absence of prescribed format notified under Section 116A of the Income Tax Ordinance 2001, whereas, nothing has been concealed by petitioners, nor there is any consequence either on income or tax liability of petitioners for non-filing of Foreign Income & Assets Statement along with return of income for Tax Year 2019, the penal provisions of Section 182 of the Income Tax Ordinance, 2001, could not be invoked. Particularly, when respondents have failed to establish willful default or mens rea on the part of petitioners. We derive analogical guidance from the Non delegation Doctrine which is well established in jurisprudence and is attracted in the instant circumstances. Issuance of notices under section 182(2) cannot be validated, therefore, impugned notices having no support of lawful authority are hereby declared as illegal, hence, of no legal consequence. For these reasons, the petitions were allowed vide short order announced on 22.12.2020. Hon'ble Chief Justice Mr. Justice Aqeel Ahmed Abbasi(Author), Hon'ble Justice Mrs. Rashida Asad(Author) C.P.758/2021 Commissioner Inland Revenue AEOI, Karachi and others v. Abbas Sayeed,C.A.393/2022 Commissioner Inland Revenue AEOI, Karachi and others v. Abbas Sayeed Before Supreme Court of Pakistan Disposed Leave Granted,impugned judgment suspended,Disposed Disposed of
83 Const. P. 699/2021 (D.B.) Sindh High Court, Karachi 2021 M/s Sindh Abadgar (Petitioner) VS Fed. of Pakistan and Others (Respondent) D.B. Order 27-JAN-21 No Hon'ble Chief Justice Mr. Justice Aqeel Ahmed Abbasi(Author), Hon'ble Justice Mrs. Rashida Asad
84 Const. P. 1006/2013 (D.B.) Sindh High Court, Circuit at Hyderabad 2013 Muhammad Mushtaq and others (Petitioner) VS Govt of Sindh and others (Respondent) D.B. Order 04-AUG-20 Yes Hon'ble Mr. Justice Naimatullah Phulpoto(Author), Hon'ble Justice Mrs. Rashida Asad(Author)
85 Const. P. 2107/2018 (S.B.) Sindh High Court, Circuit at Hyderabad 2018 Nouman Ali (Petitioner) VS Mst. Firdous & Others (Respondent) S.B. Order 24-AUG-20 Yes Hon'ble Justice Mrs. Rashida Asad(Author)
86 Const. P. 5219/2020 (D.B.) Sindh High Court, Karachi 2020 Khaja Moinuddin (Petitioner) VS Fed. of Pakistan and Others (Respondent) D.B. Judgement 22-DEC-20 Yes A Divisional Bench of this Court comprising of Mr. Justice Aqeel Ahmed Abbasi and Justice Mrs. Rashida Asad has pronounced the judgment on 22nd December 2020 in the case of Aameer Mustaaly Karachiwalla v. Deputy Commissioner Inland Revenue and others (alongwith other connected Petitions), whereby, the petitioners have challenged the issuance of notice under Section 182(2) read with Section 116A of the Income Tax Ordinance, 2001, enforcing penalty for not submitting returns regarding Foreign Income and Assets Statement. The plea of the petitioners was that the petitioners have already declared Foreign Income and Assets from all the sources in their wealth statement filed under Section 116 alongwith their return of total income for the Tax Year 2019 under Section 114 of the Income Tax Ordinance, 2001, within the prescribed time limit, by availing e-filing facility via IRIS, whereas, such return was duly accepted, as no notice was issued to the petitioners by the Department in terms of Section 120(3) of the Income Tax Ordinance, 2001, requiring the petitioners to furnish any short documents in this regard. It was further argued on behalf of the petitioners that omission in filing returns was neither deliberate nor it has any financial implications or involvement of payment of any taxes, etc. therefore, the penalty provisions of Section 182 of the Income Tax Ordinance, 2001, could not be invoked. Learned Divisional Bench of this Court by examining all the relevant provisions of law and case-laws has been pleased to allow the aforesaid Petitions in the following terms: - 13. In view of the foregoing discussions, we are of considered opinion that in the absence of prescribed format notified under Section 116A of the Income Tax Ordinance 2001, whereas, nothing has been concealed by petitioners, nor there is any consequence either on income or tax liability of petitioners for non-filing of Foreign Income & Assets Statement along with return of income for Tax Year 2019, the penal provisions of Section 182 of the Income Tax Ordinance, 2001, could not be invoked. Particularly, when respondents have failed to establish willful default or mens rea on the part of petitioners. We derive analogical guidance from the Non delegation Doctrine which is well established in jurisprudence and is attracted in the instant circumstances. Issuance of notices under section 182(2) cannot be validated, therefore, impugned notices having no support of lawful authority are hereby declared as illegal, hence, of no legal consequence. For these reasons, the petitions were allowed vide short order announced on 22.12.2020. Hon'ble Chief Justice Mr. Justice Aqeel Ahmed Abbasi(Author), Hon'ble Justice Mrs. Rashida Asad(Author) C.P.753/2021 Commissioner Inland Revenue AEOI, Karachi and others v. Khakhaja Moinuddin,C.A.388/2022 Commissioner Inland Revenue AEOI, Karachi and others v. Khaja Moinuddin Before Supreme Court of Pakistan Disposed Leave Granted,impugned judgment suspended,Disposed Disposed of
87 Spl.Anti.Ter.A. 46/2020 (D.B.) Sindh High Court, Karachi 2020 YAQOOB KHAN S/O MAROOF KHAN (Appellant) VS THE ANTI-TERRORISM COURT-II KARACHI & ANOTHER (Respondent) D.B. Judgement 19-MAY-20 No Hon'ble Mr. Justice Abdul Maalik Gaddi(Author), Hon'ble Justice Mrs. Rashida Asad(Author)
88 Const. P. 5080/2020 (D.B.) Sindh High Court, Karachi 2020 Advance Telecom (Petitioner) VS Fed. of Pakistan and Others (Respondent) D.B. Order 15-OCT-20 No Hon'ble Chief Justice Mr. Justice Aqeel Ahmed Abbasi(Author), Hon'ble Justice Mrs. Rashida Asad
89 Const. P. 1142/2021 (D.B.) Sindh High Court, Karachi 2021 M/s Geo Entertainment Television Pvt Ltd (Petitioner) VS Fed. of Pakistan and Others (Respondent) D.B. Order 15-FEB-21 No Hon'ble Chief Justice Mr. Justice Aqeel Ahmed Abbasi(Author), Hon'ble Justice Mrs. Rashida Asad
90 Const. P. 1358/2021 (D.B.) Sindh High Court, Karachi 2021 BT Pakistan (Pvt) Ltd (Petitioner) VS Fed. of Pakistan & Ors (Respondent) D.B. Order 22-FEB-21 No Hon'ble Chief Justice Mr. Justice Aqeel Ahmed Abbasi(Author), Hon'ble Justice Mrs. Rashida Asad
91 Conf.Case 13/2018 (D.B.) Sindh High Court, Circuit at Hyderabad 2018 Irshad ali (Appellant) VS The State (Respondent) D.B. Judgement 07-SEP-21 No We have carefully gone through the statement of appellant Irshad Ali and others recorded by trial Court u/s 342 Cr.P.C. It is observed that Trial Court has recorded the statements of accused under section 342 Cr.P.C. in a very casual manner and committed several illegalities, which are not curable under the law. Hon'ble Mr. Justice Naimatullah Phulpoto(Author), Hon'ble Justice Mrs. Rashida Asad(Author)
92 Cr.J.A 43/2017 (D.B.) Sindh High Court, Circuit at Hyderabad 2017 Khamiso and Others (Appellant) VS The State (Respondent) D.B. Judgement 07-OCT-20 No Hon'ble Mr. Justice Naimatullah Phulpoto(Author), Hon'ble Justice Mrs. Rashida Asad(Author)
93 Criminal Appeal 21/2013 (D.B.) Sindh High Court, Circuit at Hyderabad 2013 Nazeer Ahmed Brohi (Appellant) VS The State (Respondent) D.B. Judgement 22-MAY-17 No Hon'ble Mr. Justice Naimatullah Phulpoto(Author), Hon'ble Justice Mrs. Rashida Asad(Author)
94 Const. P. 1174/2021 (D.B.) Sindh High Court, Karachi 2021 M/s Saamag Corp (Petitioner) VS Fed. of Pakistan and Others (Respondent) D.B. Order 16-FEB-21 No Hon'ble Chief Justice Mr. Justice Aqeel Ahmed Abbasi(Author), Hon'ble Justice Mrs. Rashida Asad
95 Const. P. 1215/2021 (D.B.) Sindh High Court, Karachi 2021 M/s Bandhi Sugar Mills Ltd (Petitioner) VS Fed. of Pakistan and Others (Respondent) D.B. Order 16-FEB-21 No Hon'ble Chief Justice Mr. Justice Aqeel Ahmed Abbasi(Author), Hon'ble Justice Mrs. Rashida Asad
96 Const. P. 1405/2021 (D.B.) Sindh High Court, Karachi 2021 MATCO Foods Ltd (Petitioner) VS Fed. of Pakistan & Ors (Respondent) D.B. Order 24-FEB-21 No Hon'ble Chief Justice Mr. Justice Aqeel Ahmed Abbasi(Author), Hon'ble Justice Mrs. Rashida Asad
97 Const. P. 1362/2021 (D.B.) Sindh High Court, Karachi 2021 M/s Sakrand Sugar Mills Ltd (Petitioner) VS Fed.of Pakistan & Ors (Respondent) D.B. Order 22-FEB-21 No Hon'ble Chief Justice Mr. Justice Aqeel Ahmed Abbasi(Author), Hon'ble Justice Mrs. Rashida Asad
98 Const. P. 1271/2021 (D.B.) Sindh High Court, Karachi 2021 M/s Lakhra Coal Development Co. Ltd (Petitioner) VS Fed. of Pakistan and Others (Respondent) D.B. Order 18-FEB-21 No Hon'ble Chief Justice Mr. Justice Aqeel Ahmed Abbasi(Author), Hon'ble Justice Mrs. Rashida Asad
99 Cr.Misc. 564/2020 (S.B.) Sindh High Court, Circuit at Hyderabad 2020 Allah Bachayo (Applicant) VS SHO P.S Matli (Respondent) S.B. Order 17-SEP-21 Yes Hon'ble Justice Mrs. Rashida Asad(Author)
100 Const. P. 3468/2021 (D.B.) Sindh High Court, Karachi 2021 M/s Kiran Food Products (Petitioner) VS Fed. of Pakistan and Others (Respondent) D.B. Judgement 23-JUN-21 Yes Import of betel nuts under Serial No.5 of Part-I and Serial No.155 of Part-III of Appendix B of Import Policy Order, 2020; has to be regulated by Plant Protection Department under the Quarantine Act and the Rules framed thereunder and not by the Customs department. Hon'ble Mr. Justice Muhammad Junaid Ghaffar(Author), Hon'ble Justice Mrs. Rashida Asad(Author)
101 H.C.A 298/2021 (D.B.) Sindh High Court, Karachi 2021 M/s. Topaz Associates (Appellant) VS Karachi Cooperative Housing SocietyUnion Ltd & Ors (Respondent) D.B. Order 10-DEC-21 No Hon'ble Chief Justice Mr. Justice Aqeel Ahmed Abbasi, Hon'ble Justice Mrs. Rashida Asad
102 H.C.A 84/2021 (D.B.) Sindh High Court, Karachi 2021 Salman Baig Mirza (Appellant) VS Asad Waqas & Another (Respondent) D.B. Order 21-OCT-21 No Hon'ble Chief Justice Mr. Justice Aqeel Ahmed Abbasi(Author), Hon'ble Justice Mrs. Rashida Asad
103 H.C.A 300/2021 (D.B.) Sindh High Court, Karachi 2021 Sajid Abbas through Attorney (Appellant) VS Syed Mohsin Haider Rizvi & Others (Respondent) D.B. Order 10-DEC-21 No Hon'ble Chief Justice Mr. Justice Aqeel Ahmed Abbasi(Author), Hon'ble Justice Mrs. Rashida Asad
104 I. A 10/2021 (D.B.) Sindh High Court, Karachi 2021 Shahid Shahzad through Attorney M. Z. Siddiqui (Appellant) VS M/S Housing Building Finance Corporation (Respondent) D.B. Order 11-NOV-21 No Hon'ble Chief Justice Mr. Justice Aqeel Ahmed Abbasi(Author), Hon'ble Justice Mrs. Rashida Asad
105 H.C.A 250/2021 (D.B.) Sindh High Court, Karachi 2021 Abdul Wahab & Another (Appellant) VS Adnan Ayub Ali & Others (Respondent) D.B. Order 23-NOV-21 No Hon'ble Chief Justice Mr. Justice Aqeel Ahmed Abbasi(Author), Hon'ble Justice Mrs. Rashida Asad
106 H.C.A 276/2021 (D.B.) Sindh High Court, Karachi 2021 Nabiqasim Industries Pvt Ltd (Appellant) VS Novartis AG & Others (Respondent) D.B. Order 13-DEC-21 No Hon'ble Chief Justice Mr. Justice Aqeel Ahmed Abbasi(Author), Hon'ble Justice Mrs. Rashida Asad
107 H.C.A 205/2021 (D.B.) Sindh High Court, Karachi 2021 Mst. Yasmeen Saleem & Others (Appellant) VS Muhammad Azam Baig & Others (Respondent) D.B. Order 08-NOV-21 No Hon'ble Chief Justice Mr. Justice Aqeel Ahmed Abbasi(Author), Hon'ble Justice Mrs. Rashida Asad
108 I. A 68/2021 (D.B.) Sindh High Court, Karachi 2021 Zafar Hassan Khan (Appellant) VS M/s. Habib Bank Limited (Respondent) D.B. Order 29-NOV-21 No Hon'ble Chief Justice Mr. Justice Aqeel Ahmed Abbasi(Author), Hon'ble Justice Mrs. Rashida Asad
109 H.C.A 342/2021 (D.B.) Sindh High Court, Karachi 2021 Mst. Ameera Babar & Another (Appellant) VS Mst. Lubna Naseer & Another (Respondent) D.B. Order 24-DEC-21 No Hon'ble Chief Justice Mr. Justice Aqeel Ahmed Abbasi(Author), Hon'ble Justice Mrs. Rashida Asad
110 Spl. Cus. Ref. A. 347/2018 (D.B.) Sindh High Court, Karachi 2018 Collector of Customs (Applicant) VS Hasnain Qutbuddin (Respondent) D.B. Judgement 25-AUG-22 No Hon'ble Acting Chief Justice Mr. Justice Irfan Saadat Khan, Hon'ble Justice Mrs. Rashida Asad(Author)
111 Const. P. 944/2022 (D.B.) Sindh High Court, Karachi 2022 M/s Dollar Industries (Petitioner) VS Fed. of Pakistan and Others (Respondent) D.B. Order 18-AUG-22 No Hon'ble Acting Chief Justice Mr. Justice Irfan Saadat Khan(Author), Hon'ble Justice Mrs. Rashida Asad(Author)
112 Const. P. 2531/2022 (D.B.) Sindh High Court, Karachi 2022 Shahzad Rahim Saya (Petitioner) VS Fed. of Pakistan and Others (Respondent) D.B. Order 11-AUG-22 No Hon'ble Acting Chief Justice Mr. Justice Irfan Saadat Khan(Author), Hon'ble Justice Mrs. Rashida Asad
113 Const. P. 1243/2023 (D.B.) Sindh High Court, Bench at Sukkur 2023 Muhammad Saleem Shanbani (Petitioner) VS P.O Sindh & Others (Respondent) D.B. Order 20-SEP-23 Yes Hon'ble Justice Mrs. Rashida Asad, Hon'ble Mr. Justice Khadim Hussain Soomro(Author)
114 Const. P. 147/2018 (D.B.) Sindh High Court, Bench at Sukkur; attached cases: C.P Nos. D-526 of 2019, 86, 203, 222, 342, 493, 529, 541, 568, 675, 604, 1454, 1519 of 2020, 302, 605, 171, 276, 987, 1026, 1319 of 2021, 42 of 2022, 55 , 442, 519, 560, 655, 656, 884,1383 of 2023 2018 Aliallah (Petitioner) VS P.O Sindh & others (Respondent) D.B. Judgement 27-SEP-23 Yes Hon'ble Justice Mrs. Rashida Asad, Hon'ble Mr. Justice Khadim Hussain Soomro(Author)
115 Const. P. 1051/2023 (D.B.) Sindh High Court, Bench at Sukkur 2023 The State Through Chairman NAB (Petitioner) VS Iqbal Hussain Jumani and Others (Respondent) D.B. Order 16-OCT-23 Yes Hon'ble Justice Mrs. Rashida Asad, Hon'ble Mr. Justice Khadim Hussain Soomro(Author)
116 Spl.Cr.J.A 71/2021 (D.B.) Sindh High Court, Bench at Sukkur 2021 Hayatullah Noorzai (Petitioner) VS The State (Respondent) D.B. Judgement 24-OCT-23 Yes Hon'ble Justice Mrs. Rashida Asad(Author), Hon'ble Mr. Justice Khadim Hussain Soomro(Author)
117 Cr.Bail 51/2023 (D.B.) Sindh High Court, Bench at Sukkur 2023 Ghulam Shabir Siyal (Applicant) VS The State (Respondent) D.B. Order 23-AUG-23 Yes Hon'ble Justice Mrs. Rashida Asad, Hon'ble Mr. Justice Khadim Hussain Soomro(Author)
118 H.C.A 297/2023 (D.B.) Sindh High Court, Karachi 2023 M/s. S.B.F Card Solutions (Appellant) VS Province of Sindh & Others (Respondent) D.B. Order 03-JUN-24 No Hon'ble Acting Chief Justice Mr. Justice Muhammad Shafi Siddiqui(Author), Hon'ble Justice Mrs. Rashida Asad
119 Cr.Bail 1601/2019 (S.B.) Sindh High Court, Karachi 2019 MUHAMMAD NAWAZ S/O MUHAMMAD NAZIR (Applicant) VS THE STATE (Respondent) S.B. Order 25-NOV-19 No Hon'ble Justice Mrs. Rashida Asad
120 Cr.Bail 636/2020 (S.B.) Sindh High Court, Circuit at Hyderabad 2020 Ranjhan & Ors (Applicant) VS The State (Respondent) S.B. Order 28-AUG-20 Yes Hon'ble Justice Mrs. Rashida Asad(Author)
121 Cr.Bail 595/2020 (D.B.) Sindh High Court, Karachi 2020 MUHAMMAD RAEES S/O MUHAMMAD SAEED (Applicant) VS THE STATE (Respondent) D.B. Order 13-MAY-20 No Hon'ble Mr. Justice Abdul Maalik Gaddi(Author), Hon'ble Justice Mrs. Rashida Asad(Author)
122 Spl.Anti.Ter.A. 45/2020 (D.B.) Sindh High Court, Karachi 2020 YAQOOB KHAN S/O MAROOF KHAN & ORS (Appellant) VS THE ANTI-TERRORISM COURT-II KARACHI & ANOTHER (Respondent) D.B. Judgement 19-MAY-20 No Hon'ble Mr. Justice Abdul Maalik Gaddi(Author), Hon'ble Justice Mrs. Rashida Asad(Author)
123 Const. P. 5731/2020 (D.B.) Sindh High Court, Karachi 2020 Abdul Rasheed Khan (Petitioner) VS Fed. of Pakistan and Others (Respondent) D.B. Order 13-NOV-20 No Hon'ble Chief Justice Mr. Justice Aqeel Ahmed Abbasi(Author), Hon'ble Justice Mrs. Rashida Asad
124 Spl:Sales Tax Ref: A. 299/2018 (D.B.) Sindh High Court, Karachi 2018 M/s. MOP Cleaning & Janitorial Services (Pvt) Ltd. (Applicant) VS The Appellate Tribunal-I (SRB) & another (Respondent) D.B. Order 22-DEC-20 No Hon'ble Chief Justice Mr. Justice Aqeel Ahmed Abbasi(Author), Hon'ble Justice Mrs. Rashida Asad
125 Const. P. 774/2017 (D.B.) Sindh High Court, Circuit at Hyderabad 2017 Shamsdin Dahri (Petitioner) VS Learned A.D.J & others (Respondent) D.B. Order 23-SEP-20 Yes Hon'ble Mr. Justice Naimatullah Phulpoto(Author), Hon'ble Justice Mrs. Rashida Asad(Author)
126 Const. P. 6077/2020 (D.B.) Sindh High Court, Karachi 2020 M/s Amna Ind Pvt Ltd (Petitioner) VS Fed. of Pakistan and Others (Respondent) D.B. Order 30-NOV-20 No Hon'ble Chief Justice Mr. Justice Aqeel Ahmed Abbasi(Author), Hon'ble Justice Mrs. Rashida Asad
127 Const. P. 6224/2020 (D.B.) Sindh High Court, Karachi 2020 M/s Masood Fabrics Ltd (Petitioner) VS Province of Sindh & Ors (Respondent) D.B. Order 07-DEC-20 No Hon'ble Chief Justice Mr. Justice Aqeel Ahmed Abbasi(Author), Hon'ble Justice Mrs. Rashida Asad C.P.4840/2021 Masood Fabrics Ltd Karachi v. Province of Sindh through the SecretaryExcise and Taxation Sindh Karachi and others,C.A.1134/2021 Masood Fabrics Ltd Karachi v. Province of Sindh through the SecretaryExcise and Taxation Sindh Karachi and others Before Supreme Court of Pakistan Disposed Allowed, Leave Granted and Impugned Judgment suspended.,Pending
128 Cr.J.A 108/2014 (D.B.) Sindh High Court, Circuit at Hyderabad 2014 Abdul Jabbar (Appellant) VS The State (Respondent) D.B. Judgement 08-SEP-20 Yes Hon'ble Mr. Justice Naimatullah Phulpoto(Author), Hon'ble Justice Mrs. Rashida Asad(Author)
129 Const. P. 5422/2020 (D.B.) Sindh High Court, Karachi 2020 Pakistan International Container Terminal Ltd (Petitioner) VS Pakistan and Others (Respondent) D.B. Order 29-OCT-20 No Hon'ble Chief Justice Mr. Justice Aqeel Ahmed Abbasi(Author), Hon'ble Justice Mrs. Rashida Asad
130 Cr.Misc. 6/2020 (S.B.) Sindh High Court, Circuit at Hyderabad 2020 Mst Ayesha (Applicant) VS DIG Hyd & Ors. (Respondent) S.B. Order 14-SEP-20 Yes Hon'ble Justice Mrs. Rashida Asad(Author)
131 Cr.Bail 87/2020 (S.B.) Sindh High Court, Circuit at Hyderabad 2020 ATTA MUHAMMAD (Applicant) VS THE STATE (Respondent) S.B. Order 07-AUG-20 Yes Hon'ble Justice Mrs. Rashida Asad(Author)
132 Cr.Bail 737/2020 (S.B.) Sindh High Court, Circuit at Hyderabad 2020 AMIR HASSAN (Applicant) VS THE STATE (Respondent) S.B. Order 17-AUG-20 Yes Hon'ble Justice Mrs. Rashida Asad(Author)
133 Cr.Bail 1700/2020 (S.B.) Sindh High Court, Karachi 2020 Naresh Kumar @ Jani son of Shaman Lal (Applicant) VS The State (Respondent) S.B. Order 08-DEC-20 Yes Hon'ble Mr. Justice Abdul Maalik Gaddi(Author), Hon'ble Justice Mrs. Rashida Asad(Author) Crl.P.14-K/2021 Naresh Kumar @ Jani v. The State Before Supreme Court of Pakistan Disposed Disposed of
134 Criminal Appeal 53/2016 (D.B.) Sindh High Court, Circuit at Hyderabad 2016 Ghulam Rasool (Appellant) VS The State (Respondent) D.B. Judgement 06-OCT-20 Yes Hon'ble Mr. Justice Naimatullah Phulpoto, Hon'ble Justice Mrs. Rashida Asad(Author) J.P.397/2020 Ghulam Rasool v. The State Before Supreme Court of Pakistan Pending
135 Const. P. 5347/2020 (D.B.) Sindh High Court, Karachi 2020 ICTSI Muritiues Ltd (Petitioner) VS Pakistan and Others (Respondent) D.B. Order 27-OCT-20 No Hon'ble Chief Justice Mr. Justice Aqeel Ahmed Abbasi(Author), Hon'ble Justice Mrs. Rashida Asad
136 Const. P. 5888/2020 (D.B.) Sindh High Court, Karachi 2020 M/s BASF Pakistan Pvt Ltd (Petitioner) VS Fed. of Pakistan and Others (Respondent) D.B. Order 20-NOV-20 No Hon'ble Chief Justice Mr. Justice Aqeel Ahmed Abbasi(Author), Hon'ble Justice Mrs. Rashida Asad
137 Const. P. 5208/2020 (D.B.) Sindh High Court, Karachi 2020 Muhammad Munair (Petitioner) VS Fed. of Pakistan and Others (Respondent) D.B. Judgement 22-DEC-20 Yes A Divisional Bench of this Court comprising of Mr. Justice Aqeel Ahmed Abbasi and Justice Mrs. Rashida Asad has pronounced the judgment on 22nd December 2020 in the case of Aameer Mustaaly Karachiwalla v. Deputy Commissioner Inland Revenue and others (alongwith other connected Petitions), whereby, the petitioners have challenged the issuance of notice under Section 182(2) read with Section 116A of the Income Tax Ordinance, 2001, enforcing penalty for not submitting returns regarding Foreign Income and Assets Statement. The plea of the petitioners was that the petitioners have already declared Foreign Income and Assets from all the sources in their wealth statement filed under Section 116 alongwith their return of total income for the Tax Year 2019 under Section 114 of the Income Tax Ordinance, 2001, within the prescribed time limit, by availing e-filing facility via IRIS, whereas, such return was duly accepted, as no notice was issued to the petitioners by the Department in terms of Section 120(3) of the Income Tax Ordinance, 2001, requiring the petitioners to furnish any short documents in this regard. It was further argued on behalf of the petitioners that omission in filing returns was neither deliberate nor it has any financial implications or involvement of payment of any taxes, etc. therefore, the penalty provisions of Section 182 of the Income Tax Ordinance, 2001, could not be invoked. Learned Divisional Bench of this Court by examining all the relevant provisions of law and case-laws has been pleased to allow the aforesaid Petitions in the following terms: - 13. In view of the foregoing discussions, we are of considered opinion that in the absence of prescribed format notified under Section 116A of the Income Tax Ordinance 2001, whereas, nothing has been concealed by petitioners, nor there is any consequence either on income or tax liability of petitioners for non-filing of Foreign Income & Assets Statement along with return of income for Tax Year 2019, the penal provisions of Section 182 of the Income Tax Ordinance, 2001, could not be invoked. Particularly, when respondents have failed to establish willful default or mens rea on the part of petitioners. We derive analogical guidance from the Non delegation Doctrine which is well established in jurisprudence and is attracted in the instant circumstances. Issuance of notices under section 182(2) cannot be validated, therefore, impugned notices having no support of lawful authority are hereby declared as illegal, hence, of no legal consequence. For these reasons, the petitions were allowed vide short order announced on 22.12.2020. Hon'ble Chief Justice Mr. Justice Aqeel Ahmed Abbasi(Author), Hon'ble Justice Mrs. Rashida Asad(Author) C.P.747/2021 Commissioner Inland Revenue AEOI, Karachi and others v. Muhammad Munair,C.A.382/2022 Commissioner Inland Revenue AEOI, Karachi and others v. Muhammad Munair Before Supreme Court of Pakistan Disposed Leave Granted,impugned judgment suspended,Disposed Disposed of
138 2021 CLC 120, 2021 SBLR Sindh Note 92 Const. P. 546/2010 (S.B.) Sindh High Court, Circuit at Hyderabad 2010 Mst. Zahida Haroon (Petitioner) VS Muhammad Ashique and others (Respondent) S.B. Judgement 05-OCT-20 Yes Hon'ble Justice Mrs. Rashida Asad(Author)
139 Const. P. 236/2021 (D.B.) Sindh High Court, Karachi 2021 M/s Overseas Transit Agency Pvt Ltd and Ors (Petitioner) VS Fed. of Pakistan and Others (Respondent) D.B. Order 12-JAN-21 No Hon'ble Chief Justice Mr. Justice Aqeel Ahmed Abbasi(Author), Hon'ble Justice Mrs. Rashida Asad
140 Const. P. 61/2020 (S.B.) Sindh High Court, Circuit at Hyderabad 2020 Syed Sharafat Ali (Petitioner) VS Abdul Rasheed and others (Respondent) S.B. Order 10-AUG-20 Yes Hon'ble Justice Mrs. Rashida Asad(Author) C.P.378-K/2020 Abdul Razaque & another v. Muhammad Shahban Kumbhar & others Before Supreme Court of Pakistan Disposed Dismissed as Not Pressed
141 Const. P. 5728/2020 (D.B.) Sindh High Court, Karachi 2020 Abdul Rasheed Khan (Petitioner) VS Fed. of Pakistan and Others (Respondent) D.B. Order 13-NOV-20 No Hon'ble Chief Justice Mr. Justice Aqeel Ahmed Abbasi(Author), Hon'ble Justice Mrs. Rashida Asad
142 2021 PTD 335 Const. P. 5025/2020 (D.B.) Sindh High Court, Karachi 2020 Aameer Mustaaly Karachiwalla (Petitioner) VS Deputy Commissioner I.R and Ors (Respondent) D.B. Judgement 22-DEC-20 Yes WRIT PETITION UNDER ARTICLE 199 OF THE CONSTITUTION OF ISLAMIC REPUBLIC OF PAKISTAN, 1973 A Divisional Bench of this Court comprising of Mr. Justice Aqeel Ahmed Abbasi and Justice Mrs. Rashida Asad has pronounced the judgment on 22nd December 2020 in the case of Aameer Mustaaly Karachiwalla v. Deputy Commissioner Inland Revenue and others (alongwith other connected Petitions), whereby, the petitioners have challenged the issuance of notice under Section 182(2) read with Section 116A of the Income Tax Ordinance, 2001, enforcing penalty for not submitting returns regarding Foreign Income and Assets Statement. The plea of the petitioners was that the petitioners have already declared Foreign Income and Assets from all the sources in their wealth statement filed under Section 116 alongwith their return of total income for the Tax Year 2019 under Section 114 of the Income Tax Ordinance, 2001, within the prescribed time limit, by availing e-filing facility via IRIS, whereas, such return was duly accepted, as no notice was issued to the petitioners by the Department in terms of Section 120(3) of the Income Tax Ordinance, 2001, requiring the petitioners to furnish any short documents in this regard. It was further argued on behalf of the petitioners that omission in filing returns was neither deliberate nor it has any financial implications or involvement of payment of any taxes, etc. therefore, the penalty provisions of Section 182 of the Income Tax Ordinance, 2001, could not be invoked. Learned Divisional Bench of this Court by examining all the relevant provisions of law and case-laws has been pleased to allow the aforesaid Petitions in the following terms: - "13. In view of the foregoing discussions, we are of considered opinion that in the absence of prescribed format notified under Section 116A of the Income Tax Ordinance 2001, whereas, nothing has been concealed by petitioners, nor there is any consequence either on income or tax liability of petitioners for non-filing of Foreign Income & Assets Statement along with return of income for Tax Year 2019, the penal provisions of Section 182 of the Income Tax Ordinance, 2001, could not be invoked. Particularly, when respondents have failed to establish willful default or mens rea on the part of petitioners. We derive analogical guidance from the Non delegation Doctrine which is well established in jurisprudence and is attracted in the instant circumstances. Issuance of notices under section 182(2) cannot be validated, therefore, impugned notices having no support of lawful authority are hereby declared as illegal, hence, of no legal consequence. For these reasons, the petitions were allowed vide short order announced on 22.12.2020. Hon'ble Chief Justice Mr. Justice Aqeel Ahmed Abbasi(Author), Hon'ble Justice Mrs. Rashida Asad(Author) C.P.742/2021 Commissioner Inland Revenue AEOI, Karachi and others v. Aameer Mustaaly Karachiwalla,C.A.377/2022 Commissioner Inland Revenue AEOI, Karachi and others v. Aameer Mustaaly Karachiwalla Before Supreme Court of Pakistan Disposed Leave Granted,impugned judgment suspended,Disposed Disposed of
143 Const. P. 5025/2020 (D.B.) Sindh High Court, Karachi 2020 Aameer Mustaaly Karachiwalla (Petitioner) VS Deputy Commissioner I.R and Ors (Respondent) D.B. Order 15-OCT-20 No Hon'ble Chief Justice Mr. Justice Aqeel Ahmed Abbasi(Author), Hon'ble Justice Mrs. Rashida Asad C.P.742/2021 Commissioner Inland Revenue AEOI, Karachi and others v. Aameer Mustaaly Karachiwalla,C.A.377/2022 Commissioner Inland Revenue AEOI, Karachi and others v. Aameer Mustaaly Karachiwalla Before Supreme Court of Pakistan Disposed Leave Granted,impugned judgment suspended,Disposed Disposed of
144 Conf.Case 19/2013 (D.B.) Sindh High Court, Circuit at Hyderabad 2013 Ahmed Nawaz Mughari (Appellant) VS The State (Respondent) D.B. Judgement 23-SEP-20 Yes Hon'ble Mr. Justice Naimatullah Phulpoto, Hon'ble Justice Mrs. Rashida Asad(Author)
145 H.C.A 119/2020 (D.B.) Sindh High Court, Karachi 2020 Pakistan State Oil Company Ltd. (Appellant) VS Province of Sindh & others (Respondent) D.B. Order 22-OCT-20 No Hon'ble Chief Justice Mr. Justice Aqeel Ahmed Abbasi(Author), Hon'ble Justice Mrs. Rashida Asad
146 Const. P. 6223/2020 (D.B.) Sindh High Court, Karachi 2020 M/s Mahmood Textile Mills Ltd (Petitioner) VS Province of Sindh & ors (Respondent) D.B. Order 07-DEC-20 No Hon'ble Chief Justice Mr. Justice Aqeel Ahmed Abbasi(Author), Hon'ble Justice Mrs. Rashida Asad C.P.4847/2021 Mahmood Textile Mills Ltd Karachi v. Province of Sindh through the SecretaryExcise and Taxation Sindh Karachi and others,C.A.1141/2021 Mahmood Textile Mills Ltd Karachi v. Province of Sindh through the SecretaryExcise and Taxation Sindh Karachi and others Before Supreme Court of Pakistan Disposed Allowed, Leave Granted and Impugned Judgment suspended.,Pending
147 Const. P. 6228/2020 (D.B.) Sindh High Court, Karachi 2020 NBP Saving Fund (Petitioner) VS Fed. of Pakistan & Ors (Respondent) D.B. Order 07-DEC-20 No Hon'ble Chief Justice Mr. Justice Aqeel Ahmed Abbasi(Author), Hon'ble Justice Mrs. Rashida Asad
148 Const. P. 6247/2020 (D.B.) Sindh High Court, Karachi 2020 Schlumberger Seaco Inc (Petitioner) VS Pakistan and Others (Respondent) D.B. Order 07-DEC-20 No Hon'ble Chief Justice Mr. Justice Aqeel Ahmed Abbasi(Author), Hon'ble Justice Mrs. Rashida Asad
149 Const. P. 5518/2020 (D.B.) Sindh High Court, Karachi 2020 Isra Islamic Foundation (Guaratee) Ltd (Petitioner) VS Fed. of Pakistan and Others (Respondent) D.B. Order 04-NOV-20 No Hon'ble Chief Justice Mr. Justice Aqeel Ahmed Abbasi(Author), Hon'ble Justice Mrs. Rashida Asad
150 H.C.A 68/2007 (D.B.) Sindh High Court, Karachi 2007 ePlanet Ventures Ltd & Ors (Appellant) VS Gateway (Pvt) Ltd (Respondent) D.B. Order 21-OCT-20 No Hon'ble Chief Justice Mr. Justice Aqeel Ahmed Abbasi(Author), Hon'ble Justice Mrs. Rashida Asad
151 Spl.At.J.A. 337/2019 (D.B.) Sindh High Court, Karachi 2019 Adnan (Appellant) VS The State (Respondent) D.B. Judgement 27-APR-20 No Hon'ble Mr. Justice Abdul Maalik Gaddi(Author), Hon'ble Justice Mrs. Rashida Asad(Author)
152 Cr.Bail 36/2020 (D.B.) Sindh High Court, Karachi 2020 MST. ADEEBA KHAN W/O ADIL KHAN (Applicant) VS THE STATE THROUGH FIA (Respondent) D.B. Order 06-APR-20 No Hon'ble Mr. Justice Abdul Maalik Gaddi(Author), Hon'ble Justice Mrs. Rashida Asad(Author)
153 Const. P. 6547/2020 (D.B.) Sindh High Court, Karachi 2020 Mehmood Ahmed Memon (Petitioner) VS Fed. of Pakistan and Others (Respondent) D.B. Order 25-JAN-21 No Hon'ble Chief Justice Mr. Justice Aqeel Ahmed Abbasi(Author), Hon'ble Justice Mrs. Rashida Asad
154 Spl.Cr.A.T.A. 348/2019 (D.B.) Sindh High Court, Karachi 2019 Nasarullah Khan son of Nazir Ahmed (Appellant) VS The State (Respondent) D.B. Judgement 08-APR-20 No Hon'ble Mr. Justice Abdul Maalik Gaddi(Author), Hon'ble Justice Mrs. Rashida Asad
155 Criminal Miscelleneous 386/2020 (D.B.) Sindh High Court, Karachi 2020 MUHAMMAD FAISAL @ CHITTA (Applicant) VS THE STATE & ANOTHER (Respondent) D.B. Order 08-DEC-20 Yes Hon'ble Mr. Justice Abdul Maalik Gaddi(Author), Hon'ble Justice Mrs. Rashida Asad(Author)
156 Const. P. 1410/2017 (S.B.) Sindh High Court, Circuit at Hyderabad 2017 Muhammad Jawed Khan (Petitioner) VS Mst. Shaista & Others (Respondent) S.B. Order 28-SEP-20 Yes Hon'ble Justice Mrs. Rashida Asad(Author)
157 Spl.Anti.Ter.A. 190/2019 (D.B.) Sindh High Court, Karachi 2019 SYED ZAIN ALI S/O SYED SHAKIR ALI (Appellant) VS THE STATE (Respondent) D.B. Judgement 07-MAY-20 No Hon'ble Mr. Justice Abdul Maalik Gaddi(Author), Hon'ble Justice Mrs. Rashida Asad
158 Conf.Case 22/2013 (D.B.) Sindh High Court, Circuit at Hyderabad 2013 Rafique @Peeko (Appellant) VS The State (Respondent) D.B. Order 26-AUG-20 Yes Hon'ble Mr. Justice Naimatullah Phulpoto, Hon'ble Justice Mrs. Rashida Asad(Author)
159 Civil Revision 134/2002 (S.B.) Sindh High Court, Circuit at Hyderabad 2002 Haji Jamaluddin (Applicant) VS Province of Sindh & others (Respondent) S.B. Order 05-OCT-20 Yes Hon'ble Justice Mrs. Rashida Asad(Author)
160 Cr.Bail 1574/2020 (D.B.) Sindh High Court, Karachi 2020 MUHAMMAD FAISAL @ CHITTA (Applicant) VS THE STATE (Respondent) D.B. Order 08-DEC-20 Yes Hon'ble Mr. Justice Abdul Maalik Gaddi(Author), Hon'ble Justice Mrs. Rashida Asad(Author)
161 Cr.Bail 619/2020 (D.B.) Sindh High Court, Karachi 2020 YOUSUF S/O KHADIM HUSSAIN (Applicant) VS THE STATE (Respondent) D.B. Order 20-MAY-20 Yes Hon'ble Mr. Justice Abdul Maalik Gaddi(Author), Hon'ble Justice Mrs. Rashida Asad
162 Criminal Appeal 125/2016 (D.B.) Sindh High Court, Circuit at Hyderabad 2016 Abdul Razzak (Appellant) VS The State (Respondent) D.B. Judgement 07-OCT-20 Yes Hon'ble Mr. Justice Naimatullah Phulpoto(Author), Hon'ble Justice Mrs. Rashida Asad(Author) J.P.389/2020 Abdul Razzak v. The State Before Supreme Court of Pakistan Pending Adjourned
163 Conf.Case 16/2019 (D.B.) Sindh High Court, Circuit at Hyderabad 2019 Nazeer Ahmed (Appellant) VS The State (Respondent) D.B. Judgement 10-SEP-20 No Hon'ble Mr. Justice Naimatullah Phulpoto(Author), Hon'ble Justice Mrs. Rashida Asad(Author)
164 H.C.A 87/2020 (D.B.) Sindh High Court, Karachi 2020 Director General Petroleum & another (Appellant) VS Oil & Gas investment Limited (Respondent) D.B. Judgement 12-APR-21 No Hon'ble Chief Justice Mr. Justice Aqeel Ahmed Abbasi(Author), Hon'ble Justice Mrs. Rashida Asad C.P.L.A.919-K/2021 Oil and Gas Investments Limited v. Director General of Petroleum Concessions & another Before Supreme Court of Pakistan Disposed Dismissed as Not Pressed
165 Criminal Appeal 70/2018 (D.B.) Sindh High Court, Circuit at Hyderabad 2018 Irshad Ali (Appellant) VS The State (Respondent) D.B. Judgement 07-SEP-21 No We have carefully gone through the statement of appellant Irshad Ali and others recorded by trial Court u/s 342 Cr.P.C. It is observed that Trial Court has recorded the statements of accused under section 342 Cr.P.C. in a very casual manner and committed several illegalities, which are not curable under the law. Hon'ble Mr. Justice Naimatullah Phulpoto(Author), Hon'ble Justice Mrs. Rashida Asad(Author)
166 Const. P. 1216/2021 (D.B.) Sindh High Court, Karachi 2021 M/s Bandhi Sugar Mills Ltd (Petitioner) VS Fed. of Pakistan and Others (Respondent) D.B. Order 16-FEB-21 No Hon'ble Chief Justice Mr. Justice Aqeel Ahmed Abbasi(Author), Hon'ble Justice Mrs. Rashida Asad
167 Const. P. 1011/2021 (D.B.) Sindh High Court, Karachi 2021 M/s Johar Associates Pvt Ltd (Petitioner) VS Fed. of Pakistan and Others (Respondent) D.B. Order 09-FEB-21 No Hon'ble Chief Justice Mr. Justice Aqeel Ahmed Abbasi(Author), Hon'ble Justice Mrs. Rashida Asad
168 Const. P. 1363/2021 (D.B.) Sindh High Court, Karachi 2021 M/s Sakrand Sugar Mills (Petitioner) VS Fed. of Pakistan & Ors (Respondent) D.B. Order 22-FEB-21 No Hon'ble Chief Justice Mr. Justice Aqeel Ahmed Abbasi(Author), Hon'ble Justice Mrs. Rashida Asad
169 Const. P. 1722/2021 (D.B.) Sindh High Court, Karachi 2021 M/s Ontex Pakistan Pvt Ltd (Petitioner) VS Fed. of Pakistan and Others (Respondent) D.B. Order 08-MAR-21 No Hon'ble Chief Justice Mr. Justice Aqeel Ahmed Abbasi(Author), Hon'ble Justice Mrs. Rashida Asad
170 Const. P. 1138/2021 (D.B.) Sindh High Court, Karachi 2021 M/s Matiari Sugar Mills Ltd (Petitioner) VS Fed. of Pakistan and Others (Respondent) D.B. Order 15-FEB-21 No Hon'ble Chief Justice Mr. Justice Aqeel Ahmed Abbasi(Author), Hon'ble Justice Mrs. Rashida Asad
171 Const. P. 1523/2021 (D.B.) Sindh High Court, Karachi 2021 M/s Commodities Trade Link (Petitioner) VS Fed. of Pakistan and Others (Respondent) D.B. Order 01-MAR-21 No Hon'ble Chief Justice Mr. Justice Aqeel Ahmed Abbasi(Author), Hon'ble Justice Mrs. Rashida Asad
172 Const. P. 1276/2021 (D.B.) Sindh High Court, Karachi 2021 Mst. Amina (Petitioner) VS Hyder Abbas Abbasi and Others (Respondent) D.B. Order 18-FEB-21 No Hon'ble Chief Justice Mr. Justice Aqeel Ahmed Abbasi(Author), Hon'ble Justice Mrs. Rashida Asad
173 Const. P. 3268/2021 (D.B.) Sindh High Court, Karachi 2021 Rehan Arif (Petitioner) VS Fed. of Pakistan and Others (Respondent) D.B. Judgement 22-JUN-21 Yes Import of vehicle under personal baggage and payment of duty and taxes under Para 6 of Appendix E of the Import Policy order 2020 Hon'ble Mr. Justice Muhammad Junaid Ghaffar(Author), Hon'ble Justice Mrs. Rashida Asad(Author) C.P.1442-K/2021 The Federation of Pakistan & another v. Rehan Arif & others Before Supreme Court of Pakistan Pending
174 Cr.J.A 149/2019 (D.B.) Sindh High Court, Circuit at Hyderabad 2019 Mashooque Ali (Appellant) VS The State (Respondent) D.B. Order 25-MAR-21 No Hon'ble Mr. Justice Naimatullah Phulpoto(Author), Hon'ble Justice Mrs. Rashida Asad(Author)
175 H.C.A 237/2021 (D.B.) Sindh High Court, Karachi 2021 Shayan Akbar Ali & Others (Appellant) VS Amir Ali & Others (Respondent) D.B. Order 17-NOV-21 No Hon'ble Chief Justice Mr. Justice Aqeel Ahmed Abbasi(Author), Hon'ble Justice Mrs. Rashida Asad
176 H.C.A 247/2021 (D.B.) Sindh High Court, Karachi 2021 Katiawar Co-operative Housing Society (Appellant) VS Amin Tahir Omerson & others (Respondent) D.B. Order 20-NOV-21 No Hon'ble Chief Justice Mr. Justice Aqeel Ahmed Abbasi(Author), Hon'ble Justice Mrs. Rashida Asad
177 H.C.A 204/2021 (D.B.) Sindh High Court, Karachi 2021 Mst. Yasmeen Saleem & Others (Appellant) VS Muhammad Azam Baig & Others (Respondent) D.B. Order 08-NOV-21 No Hon'ble Chief Justice Mr. Justice Aqeel Ahmed Abbasi(Author), Hon'ble Justice Mrs. Rashida Asad
178 H.C.A 192/2006 (D.B.) Sindh High Court, Karachi 2006 Maj. (Retd) Nawazish Ali (Appellant) VS Muhammad Saleem Asar & Ors (Respondent) D.B. Judgement 10-NOV-21 Yes Hon'ble Chief Justice Mr. Justice Aqeel Ahmed Abbasi, Hon'ble Justice Mrs. Rashida Asad(Author)
179 Const. P. 4623/2018 (D.B.) Sindh High Court, Karachi 2018 United Bank Ltd (Petitioner) VS Fed. of Pakistan and Others (Respondent) D.B. Order 04-NOV-21 No Hon'ble Chief Justice Mr. Justice Aqeel Ahmed Abbasi(Author), Hon'ble Justice Mrs. Rashida Asad
180 H.C.A 279/2021 (D.B.) Sindh High Court, Karachi 2021 Zeenat Hothi (Appellant) VS Haris Gazdar & others (Respondent) D.B. Order 07-DEC-21 No Hon'ble Chief Justice Mr. Justice Aqeel Ahmed Abbasi(Author), Hon'ble Justice Mrs. Rashida Asad
181 I. A 61/2022 (D.B.) Sindh High Court, Karachi 2022 Muhammad Anwar (Appellant) VS Haji Hamza Khan Jamali & others (Respondent) D.B. Order 28-JUN-22 No Hon'ble Acting Chief Justice Mr. Justice Muhammad Shafi Siddiqui(Author), Hon'ble Justice Mrs. Rashida Asad
182 Const. P. 3718/2022 (D.B.) Sindh High Court, Karachi 2022 Abbott Laboratories (Pakistan) Ltd (Petitioner) VS Fed. of Pakistan and Others (Respondent) D.B. Order 12-AUG-22 No Hon'ble Acting Chief Justice Mr. Justice Irfan Saadat Khan(Author), Hon'ble Justice Mrs. Rashida Asad
183 Const. P. 4595/2022 (D.B.) Sindh High Court, Karachi 2022 M/s Pakistan Herald Publication (Petitioner) VS Fed. of Pakistan and Others (Respondent) D.B. Order 11-AUG-22 No Hon'ble Acting Chief Justice Mr. Justice Irfan Saadat Khan(Author), Hon'ble Justice Mrs. Rashida Asad
184 Const. P. 4208/2022 (D.B.) Sindh High Court, Karachi 2022 M/s Shujjauddin and Brother (Petitioner) VS Fed. of Pakistan and Others (Respondent) D.B. Order 11-AUG-22 No Hon'ble Acting Chief Justice Mr. Justice Irfan Saadat Khan(Author), Hon'ble Justice Mrs. Rashida Asad
185 Const. P. 4233/2022 (D.B.) Sindh High Court, Karachi 2022 M/s Rowaski Mills Pvt Ltd (Petitioner) VS FBR and Others (Respondent) D.B. Order 11-AUG-22 No Hon'ble Acting Chief Justice Mr. Justice Irfan Saadat Khan(Author), Hon'ble Justice Mrs. Rashida Asad
186 Const. P. 4003/2022 (D.B.) Sindh High Court, Karachi 2022 M/s Health & Nutrition Dev. Society (Petitioner) VS Fed. of Pakistan and Others (Respondent) D.B. Order 31-AUG-22 No Hon'ble Acting Chief Justice Mr. Justice Irfan Saadat Khan(Author), Hon'ble Justice Mrs. Rashida Asad
187 Cr.Rev 31/2021 (D.B.) Sindh High Court, Bench at Sukkur 2021 Mst. Naziran @ Naji Mallah (Applicant) VS The State & others (Respondent) D.B. Order 07-SEP-23 Yes Hon'ble Justice Mrs. Rashida Asad, Hon'ble Mr. Justice Khadim Hussain Soomro(Author) C.P.641-K/2022 Abdul Hameed v. Murlidhar & others Before Supreme Court of Pakistan Pending
188 Cr.Rev 31/2022 (D.B.) Sindh High Court, Bench at Sukkur 2022 Nazir Narejo & another (Applicant) VS The State (Respondent) D.B. Order 24-OCT-23 Yes Hon'ble Justice Mrs. Rashida Asad, Hon'ble Mr. Justice Khadim Hussain Soomro(Author)
189 Const. P. 2630/2024 (D.B.) Sindh High Court, Karachi 2024 Muhammad Rafiq Aslam (Petitioner) VS Fed. of Pakistan and Others (Respondent) D.B. Order 03-JUN-24 No Hon'ble Acting Chief Justice Mr. Justice Muhammad Shafi Siddiqui(Author), Hon'ble Justice Mrs. Rashida Asad
190 H.C.A 445/2022 (D.B.) Sindh High Court, Karachi 2022 Khurram Saeed Khan (Appellant) VS Tariq Yaqoob Zaidi & Others (Respondent) D.B. Order 03-JUN-24 No Hon'ble Acting Chief Justice Mr. Justice Muhammad Shafi Siddiqui(Author), Hon'ble Justice Mrs. Rashida Asad
191 Const. P. 5520/2020 (D.B.) Sindh High Court, Karachi 2020 Isra Islamic Foundation (Guaratee) Ltd (Petitioner) VS Fed. of Pakistan and Others (Respondent) D.B. Order 04-NOV-20 No Hon'ble Chief Justice Mr. Justice Aqeel Ahmed Abbasi(Author), Hon'ble Justice Mrs. Rashida Asad
192 Const. P. 5403/2020 (D.B.) Sindh High Court, Karachi 2020 Amina Faruque (Petitioner) VS Fed. of Pakistan and Others (Respondent) D.B. Judgement 22-DEC-20 Yes A Divisional Bench of this Court comprising of Mr. Justice Aqeel Ahmed Abbasi and Justice Mrs. Rashida Asad has pronounced the judgment on 22nd December 2020 in the case of Aameer Mustaaly Karachiwalla v. Deputy Commissioner Inland Revenue and others (alongwith other connected Petitions), whereby, the petitioners have challenged the issuance of notice under Section 182(2) read with Section 116A of the Income Tax Ordinance, 2001, enforcing penalty for not submitting returns regarding Foreign Income and Assets Statement. The plea of the petitioners was that the petitioners have already declared Foreign Income and Assets from all the sources in their wealth statement filed under Section 116 alongwith their return of total income for the Tax Year 2019 under Section 114 of the Income Tax Ordinance, 2001, within the prescribed time limit, by availing e-filing facility via IRIS, whereas, such return was duly accepted, as no notice was issued to the petitioners by the Department in terms of Section 120(3) of the Income Tax Ordinance, 2001, requiring the petitioners to furnish any short documents in this regard. It was further argued on behalf of the petitioners that omission in filing returns was neither deliberate nor it has any financial implications or involvement of payment of any taxes, etc. therefore, the penalty provisions of Section 182 of the Income Tax Ordinance, 2001, could not be invoked. Learned Divisional Bench of this Court by examining all the relevant provisions of law and case-laws has been pleased to allow the aforesaid Petitions in the following terms: - 13. In view of the foregoing discussions, we are of considered opinion that in the absence of prescribed format notified under Section 116A of the Income Tax Ordinance 2001, whereas, nothing has been concealed by petitioners, nor there is any consequence either on income or tax liability of petitioners for non-filing of Foreign Income & Assets Statement along with return of income for Tax Year 2019, the penal provisions of Section 182 of the Income Tax Ordinance, 2001, could not be invoked. Particularly, when respondents have failed to establish willful default or mens rea on the part of petitioners. We derive analogical guidance from the Non delegation Doctrine which is well established in jurisprudence and is attracted in the instant circumstances. Issuance of notices under section 182(2) cannot be validated, therefore, impugned notices having no support of lawful authority are hereby declared as illegal, hence, of no legal consequence. For these reasons, the petitions were allowed vide short order announced on 22.12.2020. Hon'ble Chief Justice Mr. Justice Aqeel Ahmed Abbasi(Author), Hon'ble Justice Mrs. Rashida Asad(Author) C.P.764/2021 Commissioner Inland Revenue AEOI, Karachi and others v. Amina Faruque,C.A.399/2022 Commissioner Inland Revenue AEOI, Karachi and others v. Amina Faruque Before Supreme Court of Pakistan Disposed Leave Granted,impugned judgment suspended,Disposed Disposed of
193 Criminal Miscelleneous 467/2020 (S.B.) Sindh High Court, Circuit at Hyderabad 2020 MST.MAREENA (Petitioner) VS S.S.P DISTT.THATTA & OTHERS (Respondent) S.B. Order 05-OCT-20 Yes Hon'ble Justice Mrs. Rashida Asad(Author)
194 Const. P. 5115/2014 (D.B.) Sindh High Court, Karachi 2014 Q & Q Food Industries (Pvt) Ltd (Petitioner) VS Fed. of Pakistan and Ors (Respondent) D.B. Order 15-DEC-20 No Hon'ble Chief Justice Mr. Justice Aqeel Ahmed Abbasi(Author), Hon'ble Justice Mrs. Rashida Asad
195 Cr.Bail 35/2020 (D.B.) Sindh High Court, Karachi 2020 MST. ADEEBA KHAN W/O ADIL KHAN (Applicant) VS THE STATE (Respondent) D.B. Order 06-APR-20 No Hon'ble Mr. Justice Abdul Maalik Gaddi(Author), Hon'ble Justice Mrs. Rashida Asad
196 Spl.Cr.A.T.A. 223/2019 (D.B.) Sindh High Court, Karachi 2019 Shahzad Ahmed (Appellant) VS The State (Respondent) D.B. Judgement 27-APR-20 No Hon'ble Mr. Justice Abdul Maalik Gaddi(Author), Hon'ble Justice Mrs. Rashida Asad
197 Cr.Bail 729/2020 (S.B.) Sindh High Court, Circuit at Hyderabad 2020 Jalal @ Babu (Applicant) VS The State (Respondent) S.B. Order 17-AUG-20 Yes Hon'ble Justice Mrs. Rashida Asad(Author)
198 Const. P. 6676/2020 (D.B.) Sindh High Court, Karachi 2020 M/s Isamil Ind Ltd (Petitioner) VS Fed. of Pakistan and Others (Respondent) D.B. Order 24-DEC-20 No Hon'ble Chief Justice Mr. Justice Aqeel Ahmed Abbasi(Author), Hon'ble Justice Mrs. Rashida Asad
199 Criminal Appeal 114/2020 (D.B.) Sindh High Court, Karachi 2020 MUHAMMAD KAMRAN S/O ABDUL RAZZAK (Appellant) VS THE STATE (Respondent) D.B. Judgement 06-APR-20 No Hon'ble Mr. Justice Abdul Maalik Gaddi(Author), Hon'ble Justice Mrs. Rashida Asad
200 Cr.Bail 735/2020 (S.B.) Sindh High Court, Circuit at Hyderabad 2020 KARIM BUX MAGSI & ANOTHER (Applicant) VS THE STATE (Respondent) S.B. Order 04-AUG-20 Yes Hon'ble Justice Mrs. Rashida Asad(Author)
201 Const. P. 205/2021 (D.B.) Sindh High Court, Karachi 2021 M/s Ten Pearls (Petitioner) VS Fed. of Pakistan and Others (Respondent) D.B. Order 11-JAN-21 No Hon'ble Chief Justice Mr. Justice Aqeel Ahmed Abbasi(Author), Hon'ble Justice Mrs. Rashida Asad
202 Cr.Bail 576/2020 (S.B.) Sindh High Court, Circuit at Hyderabad 2020 Muhammad Moosa (Applicant) VS The State (Respondent) S.B. Order 24-SEP-20 Yes Hon'ble Justice Mrs. Rashida Asad(Author)
203 Const. P. 775/2017 (D.B.) Sindh High Court, Circuit at Hyderabad 2017 Shamsuddin Dahri (Petitioner) VS Learned A.D.J & others (Respondent) D.B. Order 23-SEP-20 Yes Hon'ble Mr. Justice Naimatullah Phulpoto(Author), Hon'ble Justice Mrs. Rashida Asad(Author)
204 Cr.Misc. 613/2019 (S.B.) Sindh High Court, Circuit at Hyderabad 2019 Abdul Wahab Abbasi & Others (Applicant) VS P.O.Sindh & Others (Respondent) S.B. Order 10-AUG-20 Yes Hon'ble Justice Mrs. Rashida Asad(Author)
205 Const. P. 549/2020 (S.B.) Sindh High Court, Circuit at Hyderabad 2020 Majid Ali (Petitioner) VS P.O Sindh & Other (Respondent) S.B. Order 11-AUG-20 Yes Hon'ble Justice Mrs. Rashida Asad(Author)
206 Const. P. 207/2021 (D.B.) Sindh High Court, Karachi 2021 M/s Ten Pearls (Petitioner) VS Fed. of Pakistan and Others (Respondent) D.B. Order 11-JAN-21 No Hon'ble Chief Justice Mr. Justice Aqeel Ahmed Abbasi(Author), Hon'ble Justice Mrs. Rashida Asad
207 Const. P. 5210/2020 (D.B.) Sindh High Court, Karachi 2020 Tariq Janoo (Petitioner) VS Fed. of Pakistan and Others (Respondent) D.B. Judgement 22-DEC-20 Yes A Divisional Bench of this Court comprising of Mr. Justice Aqeel Ahmed Abbasi and Justice Mrs. Rashida Asad has pronounced the judgment on 22nd December 2020 in the case of Aameer Mustaaly Karachiwalla v. Deputy Commissioner Inland Revenue and others (alongwith other connected Petitions), whereby, the petitioners have challenged the issuance of notice under Section 182(2) read with Section 116A of the Income Tax Ordinance, 2001, enforcing penalty for not submitting returns regarding Foreign Income and Assets Statement. The plea of the petitioners was that the petitioners have already declared Foreign Income and Assets from all the sources in their wealth statement filed under Section 116 alongwith their return of total income for the Tax Year 2019 under Section 114 of the Income Tax Ordinance, 2001, within the prescribed time limit, by availing e-filing facility via IRIS, whereas, such return was duly accepted, as no notice was issued to the petitioners by the Department in terms of Section 120(3) of the Income Tax Ordinance, 2001, requiring the petitioners to furnish any short documents in this regard. It was further argued on behalf of the petitioners that omission in filing returns was neither deliberate nor it has any financial implications or involvement of payment of any taxes, etc. therefore, the penalty provisions of Section 182 of the Income Tax Ordinance, 2001, could not be invoked. Learned Divisional Bench of this Court by examining all the relevant provisions of law and case-laws has been pleased to allow the aforesaid Petitions in the following terms: - 13. In view of the foregoing discussions, we are of considered opinion that in the absence of prescribed format notified under Section 116A of the Income Tax Ordinance 2001, whereas, nothing has been concealed by petitioners, nor there is any consequence either on income or tax liability of petitioners for non-filing of Foreign Income & Assets Statement along with return of income for Tax Year 2019, the penal provisions of Section 182 of the Income Tax Ordinance, 2001, could not be invoked. Particularly, when respondents have failed to establish willful default or mens rea on the part of petitioners. We derive analogical guidance from the Non delegation Doctrine which is well established in jurisprudence and is attracted in the instant circumstances. Issuance of notices under section 182(2) cannot be validated, therefore, impugned notices having no support of lawful authority are hereby declared as illegal, hence, of no legal consequence. For these reasons, the petitions were allowed vide short order announced on 22.12.2020. Hon'ble Chief Justice Mr. Justice Aqeel Ahmed Abbasi(Author), Hon'ble Justice Mrs. Rashida Asad(Author) C.P.749/2021 Commissioner Inland Revenue AEOI, Karachi and others v. Mian Tariq Janoo,C.A.384/2022 Commissioner Inland Revenue AEOI, Karachi and others v. Mian Tariq Janoo Before Supreme Court of Pakistan Disposed Leave Granted,impugned judgment suspended,Disposed Disposed of
208 Const. P. 2026/2016 (S.B.) Sindh High Court, Circuit at Hyderabad 2016 Prem (Petitioner) VS Distt: Judge Badin and others (Respondent) S.B. Order 21-SEP-20 Yes Hon'ble Justice Mrs. Rashida Asad(Author)
209 Const. P. 73/2021 (D.B.) Sindh High Court, Karachi 2021 NBP (Petitioner) VS Fed. of Pakistan and Others (Respondent) D.B. Order 19-JAN-21 No Hon'ble Chief Justice Mr. Justice Aqeel Ahmed Abbasi(Author), Hon'ble Justice Mrs. Rashida Asad
210 Const. P. 6227/2020 (D.B.) Sindh High Court, Karachi 2020 Atlas Income Fund Trust (Petitioner) VS Fed. of Pakistan & Ors (Respondent) D.B. Order 07-DEC-20 No Hon'ble Chief Justice Mr. Justice Aqeel Ahmed Abbasi(Author), Hon'ble Justice Mrs. Rashida Asad
211 Civil Revision 50/2008 (S.B.) Sindh High Court, Circuit at Hyderabad 2008 Assistant Administrator Evacuee Trust Property Hyd (Applicant) VS Syed Nawaz Ali Shah and other (Respondent) S.B. Order 07-SEP-20 Yes Hon'ble Justice Mrs. Rashida Asad(Author)
212 Const. P. 5047/2020 (D.B.) Sindh High Court, Karachi 2020 United Retail Ltd (Petitioner) VS Fed. of Pakistan and Others (Respondent) D.B. Order 16-OCT-20 No Hon'ble Chief Justice Mr. Justice Aqeel Ahmed Abbasi(Author), Hon'ble Justice Mrs. Rashida Asad
213 Const. P. 398/2020 (S.B.) Sindh High Court, Circuit at Hyderabad 2020 Ghulam Rasool Babar (Petitioner) VS Province Of Sindh & Others (Respondent) S.B. Order 28-SEP-20 Yes Hon'ble Justice Mrs. Rashida Asad(Author)
214 Const. P. 5337/2014 (D.B.) Sindh High Court, Karachi 2014 M/s Zam Zam Flour Mills and Ors (Petitioner) VS Fed. of Pakistan and ORs (Respondent) D.B. Order 15-DEC-20 No Hon'ble Chief Justice Mr. Justice Aqeel Ahmed Abbasi(Author), Hon'ble Justice Mrs. Rashida Asad
215 Const. P. 1002/2021 (D.B.) Sindh High Court, Karachi 2021 M/s Digri Sugar Mills Ltd (Petitioner) VS Fed. of Pakistan and Others (Respondent) D.B. Order 09-FEB-21 No Hon'ble Chief Justice Mr. Justice Aqeel Ahmed Abbasi(Author), Hon'ble Justice Mrs. Rashida Asad
216 Const. P. 1213/2021 (D.B.) Sindh High Court, Karachi 2021 M/s Bandhi Sugar Mills Ltd (Petitioner) VS Fed. of Pakistan and Others (Respondent) D.B. Order 16-FEB-21 No Hon'ble Chief Justice Mr. Justice Aqeel Ahmed Abbasi(Author), Hon'ble Justice Mrs. Rashida Asad
217 Const. P. 3673/2021 (D.B.) Sindh High Court, Karachi 2021 Arshad Ali Khan (Petitioner) VS FBR and Others (Respondent) D.B. Order 23-JUN-21 Yes Maintainability of Petition against a Show Cause Notice; held not maintainable. Hon'ble Mr. Justice Muhammad Junaid Ghaffar(Author), Hon'ble Justice Mrs. Rashida Asad(Author)
218 Const. P. 1533/2021 (D.B.) Sindh High Court, Karachi 2021 M/s Orient Communication (Pvt) Ltd (Petitioner) VS Fed. of Pakistan and Others (Respondent) D.B. Order 01-MAR-21 No Hon'ble Chief Justice Mr. Justice Aqeel Ahmed Abbasi(Author), Hon'ble Justice Mrs. Rashida Asad
219 Spl.H.C.A 23/2016 (D.B.) Sindh High Court, Karachi 2016 M/s. Muslim Cotton Mills (Pvt) Ltd. & others (Appellant) VS Allied Bank Ltd. & another (Respondent) D.B. Judgement 04-FEB-21 Yes Hon'ble Chief Justice Mr. Justice Aqeel Ahmed Abbasi, Hon'ble Justice Mrs. Rashida Asad(Author) C.P.588/2021 Liberty Mills Limited, Karachi v. Muslim Cotton Mills (Pvt) Limited, Karachi and others,C.A.1740/2021 Liberty Mills Limited, Karachi v. Muslim Cotton Mills (Pvt) Limited, Karachi and others Before Supreme Court of Pakistan Disposed Disposed of. CMA 1983/21 is allowed,Pending Adjourned
220 Const. P. 1653/2021 (D.B.) Sindh High Court, Karachi 2021 M/s Bakers Huges EHO Pvt Ltd (Petitioner) VS Fed. of Pakistan and Others (Respondent) D.B. Order 05-MAR-21 No Hon'ble Chief Justice Mr. Justice Aqeel Ahmed Abbasi(Author), Hon'ble Justice Mrs. Rashida Asad
221 Const. P. 1707/2021 (D.B.) Sindh High Court, Karachi 2021 Total Parco Pakistan (Petitioner) VS Fed. of Pakistan and Others (Respondent) D.B. Order 08-MAR-21 No Hon'ble Chief Justice Mr. Justice Aqeel Ahmed Abbasi(Author), Hon'ble Justice Mrs. Rashida Asad
222 Const. P. 1824/2021 (D.B.) Sindh High Court, Karachi 2021 B. Braun Pakistan Pvt Ltd (Petitioner) VS Pakistan and Others (Respondent) D.B. Order 12-MAR-21 No Hon'ble Chief Justice Mr. Justice Aqeel Ahmed Abbasi(Author), Hon'ble Justice Mrs. Rashida Asad
223 Const. P. 1360/2021 (D.B.) Sindh High Court, Karachi 2021 M/s Sakrand Sugar Mills (Petitioner) VS Fed. of Pakistan & Ors (Respondent) D.B. Order 22-FEB-21 No Hon'ble Chief Justice Mr. Justice Aqeel Ahmed Abbasi(Author), Hon'ble Justice Mrs. Rashida Asad
224 Const. P. 1411/2021 (D.B.) Sindh High Court, Karachi 2021 M/s Khairpur Sugar Mills Ltd (Petitioner) VS Fed. of Pakistan & Ors (Respondent) D.B. Order 26-FEB-21 No Hon'ble Chief Justice Mr. Justice Aqeel Ahmed Abbasi(Author), Hon'ble Justice Mrs. Rashida Asad
225 H.C.A 278/2021 (D.B.) Sindh High Court, Karachi 2021 Ms. Bilquis Qureshi & Others (Appellant) VS Dr. Nasim Kalar (Respondent) D.B. Order 13-DEC-21 No Hon'ble Chief Justice Mr. Justice Aqeel Ahmed Abbasi(Author), Hon'ble Justice Mrs. Rashida Asad
226 H.C.A 168/2020 (D.B.) Sindh High Court, Karachi 2020 Asif Mannaan & others (Appellant) VS Suleman Lallani & others (Respondent) D.B. Order 15-NOV-21 No Hon'ble Chief Justice Mr. Justice Aqeel Ahmed Abbasi(Author), Hon'ble Justice Mrs. Rashida Asad
227 H.C.A 322/2021 (D.B.) Sindh High Court, Karachi 2021 Gajadhar (Appellant) VS MCB Bank & Others (Respondent) D.B. Order 17-DEC-21 No Hon'ble Chief Justice Mr. Justice Aqeel Ahmed Abbasi(Author), Hon'ble Justice Mrs. Rashida Asad
228 H.C.A 148/2021 (D.B.) Sindh High Court, Karachi 2021 Sardar Ahmed and Another (Appellant) VS Kaleem Ahmed & Others (Respondent) D.B. Order 20-DEC-21 No Hon'ble Chief Justice Mr. Justice Aqeel Ahmed Abbasi(Author), Hon'ble Justice Mrs. Rashida Asad
229 Const. P. 1213/2015 (D.B.) Sindh High Court, Karachi 2015 Muhammad Iqbal Muneeb and Ors (Petitioner) VS Federal Tax Ombudsman and Ors (Respondent) D.B. Judgement 25-FEB-21 No Hon'ble Chief Justice Mr. Justice Aqeel Ahmed Abbasi, Hon'ble Justice Mrs. Rashida Asad(Author)
230 Const. P. 6500/2021 (D.B.) Sindh High Court, Karachi 2021 Aijaz Ahmed Shaikh (Petitioner) VS Fed. of Pakistan and Others (Respondent) D.B. Order 05-NOV-21 No Hon'ble Chief Justice Mr. Justice Aqeel Ahmed Abbasi(Author), Hon'ble Justice Mrs. Rashida Asad
231 H.C.A 112/2021 (D.B.) Sindh High Court, Karachi 2021 Shariq Najam & Others (Appellant) VS Muhammad Amin & Another (Respondent) D.B. Order 28-OCT-21 No Hon'ble Chief Justice Mr. Justice Aqeel Ahmed Abbasi(Author), Hon'ble Justice Mrs. Rashida Asad
232 H.C.A 189/2021 (D.B.) Sindh High Court, Karachi 2021 Pakistan International Airlines Coporation Ltd (Appellant) VS Dr. Qadir Dad Shah & Others (Respondent) D.B. Order 08-OCT-21 No Hon'ble Chief Justice Mr. Justice Aqeel Ahmed Abbasi(Author), Hon'ble Justice Mrs. Rashida Asad
233 Const. P. 4549/2020 (D.B.) Sindh High Court, Karachi 2020 M/s Rehman Solvent Plant and Ors (Petitioner) VS Fed. of Pakistan and Others (Respondent) D.B. Order 16-AUG-22 No Hon'ble Acting Chief Justice Mr. Justice Irfan Saadat Khan(Author), Hon'ble Justice Mrs. Rashida Asad
234 Const. P. 4671/2022 (D.B.) Sindh High Court, Karachi 2022 Nisra Ahmed (Petitioner) VS Fed. of Pakistan and Others (Respondent) D.B. Order 10-AUG-22 No Hon'ble Acting Chief Justice Mr. Justice Irfan Saadat Khan(Author), Hon'ble Justice Mrs. Rashida Asad
235 Const. P. 6620/2020 (D.B.) Sindh High Court, Karachi 2020 M/s N.P Cotton Mills Ltd (Petitioner) VS Fed. of Pakistan and Others (Respondent) D.B. Order 29-SEP-22 No Hon'ble Acting Chief Justice Mr. Justice Irfan Saadat Khan(Author), Hon'ble Justice Mrs. Rashida Asad
236 Const. P. 1579/2022 (D.B.) Sindh High Court, Karachi 2022 M/s Yousuf & Sons (Petitioner) VS Fed. of Pakistan and Others (Respondent) D.B. Order 16-AUG-22 No Hon'ble Acting Chief Justice Mr. Justice Irfan Saadat Khan(Author), Hon'ble Justice Mrs. Rashida Asad
237 Const. P. 1788/2022 (D.B.) Sindh High Court, Karachi 2022 Ahmed Nawaz Jagirani (Petitioner) VS The State (NAB) (Respondent) D.B. Order 12-FEB-24 No Hon'ble Mr. Justice Zafar Ahmed Rajput(Author), Hon'ble Justice Mrs. Rashida Asad(Author)
238 Spl.Cr.J.A 34/2020 (D.B.) Sindh High Court, Bench at Sukkur 2020 Naimatullah Pathan (Petitioner) VS The State (Respondent) D.B. Judgement 13-SEP-23 Yes Hon'ble Justice Mrs. Rashida Asad, Hon'ble Mr. Justice Khadim Hussain Soomro(Author)
239 Spl. Cr. A. 219/2019 (D.B.) Sindh High Court, Bench at Sukkur 2019 Shoukat Hussain (Applicant) VS The State (Respondent) D.B. Judgement 17-AUG-23 Yes Hon'ble Justice Mrs. Rashida Asad, Hon'ble Mr. Justice Khadim Hussain Soomro(Author) J.P.510/2023 Shoukat Hussain v. The State Before Supreme Court of Pakistan Pending
240 Spl.Anti.Ter.J.A. 161/2023 (D.B.) Sindh High Court, Karachi 2023 GHULAM RABBANI S/O ABDUL KAREEM (Appellant) VS THE STATE (Respondent) D.B. Order 23-FEB-24 Yes Hon'ble Mr. Justice Zafar Ahmed Rajput(Author), Hon'ble Justice Mrs. Rashida Asad
241 Const. P. 1156/2023 (D.B.) Sindh High Court, Bench at Sukkur 2023 The State through Chairman NAB (Petitioner) VS Anees-ur-Rehman Mahar & others (Respondent) D.B. Order 06-OCT-23 Yes Hon'ble Justice Mrs. Rashida Asad, Hon'ble Mr. Justice Khadim Hussain Soomro(Author)
242 Const. P. 2823/2024 (D.B.) Sindh High Court, Karachi 2024 Noor Muhammad and Others (Petitioner) VS Fed. of Pakistan and Others (Respondent) D.B. Order 11-JUN-24 No Hon'ble Acting Chief Justice Mr. Justice Muhammad Shafi Siddiqui(Author), Hon'ble Justice Mrs. Rashida Asad
243 H.C.A 443/2022 (D.B.) Sindh High Court, Karachi 2022 Khurram Saeed Khan (Appellant) VS Mst. Nida Haris & Others (Respondent) D.B. Order 03-JUN-24 No Hon'ble Acting Chief Justice Mr. Justice Muhammad Shafi Siddiqui(Author), Hon'ble Justice Mrs. Rashida Asad
244 Const. P. 2782/2015 (D.B.) Sindh High Court, Karachi 2015 The NAB (Petitioner) VS Presiding Officer Accountability Court and Ors (Respondent) D.B. Order 13-MAY-24 No Hon'ble Mr. Justice Zafar Ahmed Rajput(Author), Hon'ble Justice Mrs. Rashida Asad(Author)
245 Const. P. 2596/2024 (D.B.) Sindh High Court, Karachi 2024 Sutan Ali Jessani (Petitioner) VS Fed. of Pakistan and Others (Respondent) D.B. Order 04-JUN-24 No Hon'ble Acting Chief Justice Mr. Justice Muhammad Shafi Siddiqui(Author), Hon'ble Justice Mrs. Rashida Asad
246 Cr.Bail 766/2020 (S.B.) Sindh High Court, Circuit at Hyderabad 2020 REVACHAND @ BABOO (Applicant) VS THE STATE (Respondent) S.B. Order 21-SEP-20 Yes Hon'ble Justice Mrs. Rashida Asad(Author)
247 Const. P. 5333/2020 (D.B.) Sindh High Court, Karachi 2020 Muhammad Bakar (Petitioner) VS Asstt: Commissioner I.R and Others (Respondent) D.B. Judgement 22-DEC-20 Yes A Divisional Bench of this Court comprising of Mr. Justice Aqeel Ahmed Abbasi and Justice Mrs. Rashida Asad has pronounced the judgment on 22nd December 2020 in the case of Aameer Mustaaly Karachiwalla v. Deputy Commissioner Inland Revenue and others (alongwith other connected Petitions), whereby, the petitioners have challenged the issuance of notice under Section 182(2) read with Section 116A of the Income Tax Ordinance, 2001, enforcing penalty for not submitting returns regarding Foreign Income and Assets Statement. The plea of the petitioners was that the petitioners have already declared Foreign Income and Assets from all the sources in their wealth statement filed under Section 116 alongwith their return of total income for the Tax Year 2019 under Section 114 of the Income Tax Ordinance, 2001, within the prescribed time limit, by availing e-filing facility via IRIS, whereas, such return was duly accepted, as no notice was issued to the petitioners by the Department in terms of Section 120(3) of the Income Tax Ordinance, 2001, requiring the petitioners to furnish any short documents in this regard. It was further argued on behalf of the petitioners that omission in filing returns was neither deliberate nor it has any financial implications or involvement of payment of any taxes, etc. therefore, the penalty provisions of Section 182 of the Income Tax Ordinance, 2001, could not be invoked. Learned Divisional Bench of this Court by examining all the relevant provisions of law and case-laws has been pleased to allow the aforesaid Petitions in the following terms: - 13. In view of the foregoing discussions, we are of considered opinion that in the absence of prescribed format notified under Section 116A of the Income Tax Ordinance 2001, whereas, nothing has been concealed by petitioners, nor there is any consequence either on income or tax liability of petitioners for non-filing of Foreign Income & Assets Statement along with return of income for Tax Year 2019, the penal provisions of Section 182 of the Income Tax Ordinance, 2001, could not be invoked. Particularly, when respondents have failed to establish willful default or mens rea on the part of petitioners. We derive analogical guidance from the Non delegation Doctrine which is well established in jurisprudence and is attracted in the instant circumstances. Issuance of notices under section 182(2) cannot be validated, therefore, impugned notices having no support of lawful authority are hereby declared as illegal, hence, of no legal consequence. For these reasons, the petitions were allowed vide short order announced on 22.12.2020. Hon'ble Chief Justice Mr. Justice Aqeel Ahmed Abbasi(Author), Hon'ble Justice Mrs. Rashida Asad(Author) C.P.763/2021 Commissioner Inland Revenue AEOI, Karachi and others v. Muhammad Bakar,C.A.398/2022 Commissioner Inland Revenue AEOI, Karachi and others v. Muhammad Bakar Before Supreme Court of Pakistan Disposed Leave Granted,impugned judgment suspended,Disposed Disposed of
248 Const. P. 5489/2020 (D.B.) Sindh High Court, Karachi 2020 Noor Ahmed (Petitioner) VS Asstt: Commissioner I.R and Ors (Respondent) D.B. Judgement 22-DEC-20 Yes A Divisional Bench of this Court comprising of Mr. Justice Aqeel Ahmed Abbasi and Justice Mrs. Rashida Asad has pronounced the judgment on 22nd December 2020 in the case of Aameer Mustaaly Karachiwalla v. Deputy Commissioner Inland Revenue and others (alongwith other connected Petitions), whereby, the petitioners have challenged the issuance of notice under Section 182(2) read with Section 116A of the Income Tax Ordinance, 2001, enforcing penalty for not submitting returns regarding Foreign Income and Assets Statement. The plea of the petitioners was that the petitioners have already declared Foreign Income and Assets from all the sources in their wealth statement filed under Section 116 alongwith their return of total income for the Tax Year 2019 under Section 114 of the Income Tax Ordinance, 2001, within the prescribed time limit, by availing e-filing facility via IRIS, whereas, such return was duly accepted, as no notice was issued to the petitioners by the Department in terms of Section 120(3) of the Income Tax Ordinance, 2001, requiring the petitioners to furnish any short documents in this regard. It was further argued on behalf of the petitioners that omission in filing returns was neither deliberate nor it has any financial implications or involvement of payment of any taxes, etc. therefore, the penalty provisions of Section 182 of the Income Tax Ordinance, 2001, could not be invoked. Learned Divisional Bench of this Court by examining all the relevant provisions of law and case-laws has been pleased to allow the aforesaid Petitions in the following terms: - 13. In view of the foregoing discussions, we are of considered opinion that in the absence of prescribed format notified under Section 116A of the Income Tax Ordinance 2001, whereas, nothing has been concealed by petitioners, nor there is any consequence either on income or tax liability of petitioners for non-filing of Foreign Income & Assets Statement along with return of income for Tax Year 2019, the penal provisions of Section 182 of the Income Tax Ordinance, 2001, could not be invoked. Particularly, when respondents have failed to establish willful default or mens rea on the part of petitioners. We derive analogical guidance from the Non delegation Doctrine which is well established in jurisprudence and is attracted in the instant circumstances. Issuance of notices under section 182(2) cannot be validated, therefore, impugned notices having no support of lawful authority are hereby declared as illegal, hence, of no legal consequence. For these reasons, the petitions were allowed vide short order announced on 22.12.2020. Hon'ble Chief Justice Mr. Justice Aqeel Ahmed Abbasi(Author), Hon'ble Justice Mrs. Rashida Asad(Author) C.P.1591/2021 Commissioner Inland Revenue, Karachi and others v. Noor Ahmad,C.A.407/2022 Commissioner Inland Revenue, Karachi and others v. Noor Ahmad Before Supreme Court of Pakistan Disposed Leave Granted,impugned judgment suspended,Disposed Disposed of
249 Spl.Anti.Ter.A. 48/2020 (D.B.) Sindh High Court, Karachi 2020 SHERIYAR S/O WALI MUHAMMAD (Appellant) VS THE ANTI-TERRORISM COURT-II KARACHI & ANOTHER (Respondent) D.B. Judgement 19-MAY-20 No Hon'ble Mr. Justice Abdul Maalik Gaddi(Author), Hon'ble Justice Mrs. Rashida Asad(Author)
250 Cr.Acq.A. 60/2020 (D.B.) Sindh High Court, Circuit at Hyderabad 2020 WAHEED ALI (Appellant) VS ZAHIR HUSSAIN & OTHERS (Respondent) D.B. Order 11-AUG-20 Yes Hon'ble Justice Mrs. Rashida Asad(Author)
251 Const. P. 6194/2020 (D.B.) Sindh High Court, Karachi 2020 Mir Akbar Askani (Petitioner) VS Fed. of Pakistan and Others (Respondent) D.B. Order 04-DEC-20 No Hon'ble Chief Justice Mr. Justice Aqeel Ahmed Abbasi(Author), Hon'ble Justice Mrs. Rashida Asad
252 Cr.Bail 63/2020 (D.B.) Sindh High Court, Karachi 2020 SHAIKH SHER MUHAMMAD S/O SHAIKH GHULAM HUSSAIN (Applicant) VS THE STATE (Respondent) D.B. Order 23-APR-20 No Hon'ble Mr. Justice Abdul Maalik Gaddi(Author), Hon'ble Justice Mrs. Rashida Asad(Author)
253 Const. P. 5204/2020 (D.B.) Sindh High Court, Karachi 2020 Nadeem Ahmed Khan (Petitioner) VS FBR and Others (Respondent) D.B. Order 21-OCT-20 No Hon'ble Chief Justice Mr. Justice Aqeel Ahmed Abbasi(Author), Hon'ble Justice Mrs. Rashida Asad
254 Const. P. 450/2021 (D.B.) Sindh High Court, Karachi 2021 Shahla Khalid (Petitioner) VS Fed. of Pakistan and Others (Respondent) D.B. Order 20-JAN-21 No Hon'ble Chief Justice Mr. Justice Aqeel Ahmed Abbasi(Author), Hon'ble Justice Mrs. Rashida Asad
255 Const. P. 6226/2020 (D.B.) Sindh High Court, Karachi 2020 UBL Growth & Income Fund (Petitioner) VS Fed. of Pakistan & Ors (Respondent) D.B. Order 07-DEC-20 No Hon'ble Chief Justice Mr. Justice Aqeel Ahmed Abbasi(Author), Hon'ble Justice Mrs. Rashida Asad
256 Const. P. 6677/2020 (D.B.) Sindh High Court, Karachi 2020 M/s Astro Plastics Pvt Ltd (Petitioner) VS Fed. of Pakistan and Others (Respondent) D.B. Order 24-DEC-20 No Hon'ble Chief Justice Mr. Justice Aqeel Ahmed Abbasi(Author), Hon'ble Justice Mrs. Rashida Asad
257 Const. P. 6678/2020 (D.B.) Sindh High Court, Karachi 2020 M/s Dollar Fast Exchange Co. (Pvt) Ltd (Petitioner) VS Fed. of Pakistan and Others (Respondent) D.B. Order 24-DEC-20 No Hon'ble Chief Justice Mr. Justice Aqeel Ahmed Abbasi(Author), Hon'ble Justice Mrs. Rashida Asad
258 Const. P. 6094/2020 (D.B.) Sindh High Court, Karachi 2020 Al Ghazi Traders Ltd (Petitioner) VS Fed. of Pakistan and Others (Respondent) D.B. Order 30-NOV-20 No Hon'ble Chief Justice Mr. Justice Aqeel Ahmed Abbasi(Author), Hon'ble Justice Mrs. Rashida Asad
259 Criminal Appeal 394/2019 (S.B.) Sindh High Court, Circuit at Hyderabad 2019 Rizwan ali & another (Appellant) VS The State (Respondent) S.B. Order 24-AUG-20 Yes Hon'ble Justice Mrs. Rashida Asad(Author)
260 Const. P. 5888/2020 (D.B.) Sindh High Court, Karachi 2020 M/s BASF Pakistan Pvt Ltd (Petitioner) VS Fed. of Pakistan and Others (Respondent) D.B. Order 08-DEC-20 No Hon'ble Chief Justice Mr. Justice Aqeel Ahmed Abbasi(Author), Hon'ble Justice Mrs. Rashida Asad
261 Const. P. 5126/2020 (D.B.) Sindh High Court, Karachi 2020 Nazli Sohail (Petitioner) VS Fed. of Pakistan and Others (Respondent) D.B. Judgement 22-DEC-20 Yes A Divisional Bench of this Court comprising of Mr. Justice Aqeel Ahmed Abbasi and Justice Mrs. Rashida Asad has pronounced the judgment on 22nd December 2020 in the case of Aameer Mustaaly Karachiwalla v. Deputy Commissioner Inland Revenue and others (alongwith other connected Petitions), whereby, the petitioners have challenged the issuance of notice under Section 182(2) read with Section 116A of the Income Tax Ordinance, 2001, enforcing penalty for not submitting returns regarding Foreign Income and Assets Statement. The plea of the petitioners was that the petitioners have already declared Foreign Income and Assets from all the sources in their wealth statement filed under Section 116 alongwith their return of total income for the Tax Year 2019 under Section 114 of the Income Tax Ordinance, 2001, within the prescribed time limit, by availing e-filing facility via IRIS, whereas, such return was duly accepted, as no notice was issued to the petitioners by the Department in terms of Section 120(3) of the Income Tax Ordinance, 2001, requiring the petitioners to furnish any short documents in this regard. It was further argued on behalf of the petitioners that omission in filing returns was neither deliberate nor it has any financial implications or involvement of payment of any taxes, etc. therefore, the penalty provisions of Section 182 of the Income Tax Ordinance, 2001, could not be invoked. Learned Divisional Bench of this Court by examining all the relevant provisions of law and case-laws has been pleased to allow the aforesaid Petitions in the following terms: - 13. In view of the foregoing discussions, we are of considered opinion that in the absence of prescribed format notified under Section 116A of the Income Tax Ordinance 2001, whereas, nothing has been concealed by petitioners, nor there is any consequence either on income or tax liability of petitioners for non-filing of Foreign Income & Assets Statement along with return of income for Tax Year 2019, the penal provisions of Section 182 of the Income Tax Ordinance, 2001, could not be invoked. Particularly, when respondents have failed to establish willful default or mens rea on the part of petitioners. We derive analogical guidance from the Non delegation Doctrine which is well established in jurisprudence and is attracted in the instant circumstances. Issuance of notices under section 182(2) cannot be validated, therefore, impugned notices having no support of lawful authority are hereby declared as illegal, hence, of no legal consequence. For these reasons, the petitions were allowed vide short order announced on 22.12.2020. Hon'ble Chief Justice Mr. Justice Aqeel Ahmed Abbasi(Author), Hon'ble Justice Mrs. Rashida Asad(Author) C.P.743/2021 Commissioner Inland Revenue AEOI, Karachi and others v. Nazli Sohail,C.A.378/2022 Commissioner Inland Revenue AEOI, Karachi and others v. Nazli Sohail Before Supreme Court of Pakistan Disposed Leave Granted,impugned judgment suspended,Disposed Disposed of
262 Const. P. 240/2021 (D.B.) Sindh High Court, Karachi 2021 M/s Faran Sugar Mills (Petitioner) VS Fed. of Pakistan and Others (Respondent) D.B. Order 12-JAN-21 No Hon'ble Chief Justice Mr. Justice Aqeel Ahmed Abbasi(Author), Hon'ble Justice Mrs. Rashida Asad
263 Const. P. 259/2021 (D.B.) Sindh High Court, Karachi 2021 Khana Dan (Petitioner) VS Fed. of Pakistan and Others (Respondent) D.B. Order 12-JAN-21 No Hon'ble Chief Justice Mr. Justice Aqeel Ahmed Abbasi(Author), Hon'ble Justice Mrs. Rashida Asad
264 Cr.Misc. 137/2020 (S.B.) Sindh High Court, Circuit at Hyderabad 2020 Dost Muhammad (Applicant) VS Civil Judge & Judicial Magistrate-III, and others (Respondent) S.B. Order 31-AUG-20 Yes Hon'ble Justice Mrs. Rashida Asad(Author)
265 Const. P. 134/2021 (D.B.) Sindh High Court, Karachi 2021 M/s Sakrand Sugar Mills Ltd (Petitioner) VS Fed. of Pakistan and Others (Respondent) D.B. Order 19-JAN-21 No Hon'ble Chief Justice Mr. Justice Aqeel Ahmed Abbasi(Author), Hon'ble Justice Mrs. Rashida Asad C.P.601-K/2021 Abdul Haseeb v. Secretary Home Department & others Before Supreme Court of Pakistan Disposed Dismissed
266 Cr.J.A 109/2020 (S.B.) Sindh High Court, Circuit at Hyderabad 2020 MUHAMMAD ALI (Appellant) VS THE STATE (Respondent) S.B. Judgement 09-OCT-20 Yes Hon'ble Justice Mrs. Rashida Asad(Author)
267 Const. P. 6122/2020 (D.B.) Sindh High Court, Karachi 2020 Lucky Landmark (Pvt) Ltd (Petitioner) VS Fed. of Pakistan and Others (Respondent) D.B. Order 01-DEC-20 No Hon'ble Chief Justice Mr. Justice Aqeel Ahmed Abbasi(Author), Hon'ble Justice Mrs. Rashida Asad
268 Const. P. 5526/2020 (D.B.) Sindh High Court, Karachi 2020 Tariq Islam (Petitioner) VS Asst: / Deputy Commissioner I.R and Ors (Respondent) D.B. Judgement 22-DEC-20 Yes A Divisional Bench of this Court comprising of Mr. Justice Aqeel Ahmed Abbasi and Justice Mrs. Rashida Asad has pronounced the judgment on 22nd December 2020 in the case of Aameer Mustaaly Karachiwalla v. Deputy Commissioner Inland Revenue and others (alongwith other connected Petitions), whereby, the petitioners have challenged the issuance of notice under Section 182(2) read with Section 116A of the Income Tax Ordinance, 2001, enforcing penalty for not submitting returns regarding Foreign Income and Assets Statement. The plea of the petitioners was that the petitioners have already declared Foreign Income and Assets from all the sources in their wealth statement filed under Section 116 alongwith their return of total income for the Tax Year 2019 under Section 114 of the Income Tax Ordinance, 2001, within the prescribed time limit, by availing e-filing facility via IRIS, whereas, such return was duly accepted, as no notice was issued to the petitioners by the Department in terms of Section 120(3) of the Income Tax Ordinance, 2001, requiring the petitioners to furnish any short documents in this regard. It was further argued on behalf of the petitioners that omission in filing returns was neither deliberate nor it has any financial implications or involvement of payment of any taxes, etc. therefore, the penalty provisions of Section 182 of the Income Tax Ordinance, 2001, could not be invoked. Learned Divisional Bench of this Court by examining all the relevant provisions of law and case-laws has been pleased to allow the aforesaid Petitions in the following terms: - 13. In view of the foregoing discussions, we are of considered opinion that in the absence of prescribed format notified under Section 116A of the Income Tax Ordinance 2001, whereas, nothing has been concealed by petitioners, nor there is any consequence either on income or tax liability of petitioners for non-filing of Foreign Income & Assets Statement along with return of income for Tax Year 2019, the penal provisions of Section 182 of the Income Tax Ordinance, 2001, could not be invoked. Particularly, when respondents have failed to establish willful default or mens rea on the part of petitioners. We derive analogical guidance from the Non delegation Doctrine which is well established in jurisprudence and is attracted in the instant circumstances. Issuance of notices under section 182(2) cannot be validated, therefore, impugned notices having no support of lawful authority are hereby declared as illegal, hence, of no legal consequence. For these reasons, the petitions were allowed vide short order announced on 22.12.2020. Hon'ble Chief Justice Mr. Justice Aqeel Ahmed Abbasi(Author), Hon'ble Justice Mrs. Rashida Asad(Author) C.P.766/2021 Commissioner Inland Revenue AEOI, Karachi and others v. Tariq Islam,C.A.401/2022 Commissioner Inland Revenue AEOI, Karachi and others v. Tariq Islam Before Supreme Court of Pakistan Disposed Leave Granted,impugned judgment suspended,Disposed Disposed of
269 Cr.Bail 695/2020 (S.B.) Sindh High Court, Circuit at Hyderabad 2020 Mithal Khan (Applicant) VS The State (Respondent) S.B. Order 07-SEP-20 Yes Hon'ble Justice Mrs. Rashida Asad(Author)
270 Const. P. 843/2021 (D.B.) Sindh High Court, Karachi 2021 Liberty Mills Ltd (Petitioner) VS Fed. of Pakistan and Others (Respondent) D.B. Order 01-FEB-21 No Hon'ble Chief Justice Mr. Justice Aqeel Ahmed Abbasi(Author), Hon'ble Justice Mrs. Rashida Asad
271 Const. P. 135/2021 (D.B.) Sindh High Court, Karachi 2021 M/s Sakrand Sugar Mills Ltd (Petitioner) VS Fed. of Pakistan and Others (Respondent) D.B. Order 19-JAN-21 No Hon'ble Chief Justice Mr. Justice Aqeel Ahmed Abbasi(Author), Hon'ble Justice Mrs. Rashida Asad
272 Const. P. 5306/2020 (D.B.) Sindh High Court, Karachi 2020 Muhammad Abdul Rasool (Petitioner) VS Fed. of Pakistan and Others (Respondent) D.B. Judgement 22-DEC-20 Yes A Divisional Bench of this Court comprising of Mr. Justice Aqeel Ahmed Abbasi and Justice Mrs. Rashida Asad has pronounced the judgment on 22nd December 2020 in the case of Aameer Mustaaly Karachiwalla v. Deputy Commissioner Inland Revenue and others (alongwith other connected Petitions), whereby, the petitioners have challenged the issuance of notice under Section 182(2) read with Section 116A of the Income Tax Ordinance, 2001, enforcing penalty for not submitting returns regarding Foreign Income and Assets Statement. The plea of the petitioners was that the petitioners have already declared Foreign Income and Assets from all the sources in their wealth statement filed under Section 116 alongwith their return of total income for the Tax Year 2019 under Section 114 of the Income Tax Ordinance, 2001, within the prescribed time limit, by availing e-filing facility via IRIS, whereas, such return was duly accepted, as no notice was issued to the petitioners by the Department in terms of Section 120(3) of the Income Tax Ordinance, 2001, requiring the petitioners to furnish any short documents in this regard. It was further argued on behalf of the petitioners that omission in filing returns was neither deliberate nor it has any financial implications or involvement of payment of any taxes, etc. therefore, the penalty provisions of Section 182 of the Income Tax Ordinance, 2001, could not be invoked. Learned Divisional Bench of this Court by examining all the relevant provisions of law and case-laws has been pleased to allow the aforesaid Petitions in the following terms: - 13. In view of the foregoing discussions, we are of considered opinion that in the absence of prescribed format notified under Section 116A of the Income Tax Ordinance 2001, whereas, nothing has been concealed by petitioners, nor there is any consequence either on income or tax liability of petitioners for non-filing of Foreign Income & Assets Statement along with return of income for Tax Year 2019, the penal provisions of Section 182 of the Income Tax Ordinance, 2001, could not be invoked. Particularly, when respondents have failed to establish willful default or mens rea on the part of petitioners. We derive analogical guidance from the Non delegation Doctrine which is well established in jurisprudence and is attracted in the instant circumstances. Issuance of notices under section 182(2) cannot be validated, therefore, impugned notices having no support of lawful authority are hereby declared as illegal, hence, of no legal consequence. For these reasons, the petitions were allowed vide short order announced on 22.12.2020. Hon'ble Chief Justice Mr. Justice Aqeel Ahmed Abbasi(Author), Hon'ble Justice Mrs. Rashida Asad(Author) C.P.757/2021 Commissioner Inland Revenue AEOI, Karachi and others v. Muhammad Abdul Rasool,C.A.392/2022 Commissioner Inland Revenue AEOI, Karachi and others v. Muhammad Abdul Rasool Before Supreme Court of Pakistan Disposed Leave Granted,impugned judgment suspended,Disposed Disposed of
273 Const. P. 896/2021 (D.B.) Sindh High Court, Karachi 2021 M/s Sindh Abadgar (Petitioner) VS Fed. of Pakistan and Others (Respondent) D.B. Order 03-FEB-21 No Hon'ble Chief Justice Mr. Justice Aqeel Ahmed Abbasi(Author), Hon'ble Justice Mrs. Rashida Asad
274 Const. P. 408/2021 (D.B.) Sindh High Court, Karachi 2021 M/s Larr Sugar Mills Ltd (Petitioner) VS Fed. of Pakistan and Others (Respondent) D.B. Order 19-JAN-21 No Hon'ble Chief Justice Mr. Justice Aqeel Ahmed Abbasi(Author), Hon'ble Justice Mrs. Rashida Asad C.P.5389/2021 Chairman National Accountability Bureau through Prosecutor General Accountabilitty, NAB Headquarters, Islamabad v. Kashif Ali and another,C.A.2848/2022 Chairman National Accountability Bureau through Prosecutor General Accountabilitty, NAB Headquarters, Islamabad v. Kashif Ali and another Before Supreme Court of Pakistan Disposed Converted into Appeal and Allowed and Remanded,Disposed
275 Cr.J.A 14/2016 (D.B.) Sindh High Court, Circuit at Hyderabad 2016 Niaz Hussain Chachar (Appellant) VS The State (Respondent) D.B. Judgement 29-SEP-20 Yes Hon'ble Mr. Justice Naimatullah Phulpoto, Hon'ble Justice Mrs. Rashida Asad(Author)
276 Cr.Bail 269/2020 (D.B.) Sindh High Court, Karachi 2020 MAHMOOD ALAM @ GERNADE (Applicant) VS THE STATE (Respondent) D.B. Order 01-APR-20 Yes Hon'ble Mr. Justice Abdul Maalik Gaddi(Author), Hon'ble Justice Mrs. Rashida Asad
277 Spl.Cr.A.T.A. 76/2020 (D.B.) Sindh High Court, Karachi 2020 Fazal Wahab @ Kaki (Appellant) VS The State (Respondent) D.B. Judgement 20-APR-20 No Hon'ble Mr. Justice Abdul Maalik Gaddi(Author), Hon'ble Justice Mrs. Rashida Asad
278 Const. P. 5692/2020 (D.B.) Sindh High Court, Karachi 2020 Abdullah Memon (Petitioner) VS Govt. of Sindh and Others (Respondent) D.B. Order 11-NOV-20 No Hon'ble Chief Justice Mr. Justice Aqeel Ahmed Abbasi(Author), Hon'ble Justice Mrs. Rashida Asad
279 Conf.Case 1/2017 (D.B.) Sindh High Court, Circuit at Hyderabad 2017 Manzoor Ahmed (Appellant) VS The State (Respondent) D.B. Order 30-SEP-20 Yes Hon'ble Mr. Justice Naimatullah Phulpoto, Hon'ble Justice Mrs. Rashida Asad(Author)
280 Criminal Appeal 176/2019 (D.B.) Sindh High Court, Circuit at Hyderabad 2019 Waheed Ahmed (Appellant) VS The State (Respondent) D.B. Judgement 15-SEP-20 Yes Hon'ble Mr. Justice Naimatullah Phulpoto, Hon'ble Justice Mrs. Rashida Asad(Author)
281 Const. P. 5269/2020 (D.B.) Sindh High Court, Karachi 2020 M/s Jaffer Busines System (Pvt) Ltd (Petitioner) VS Fed. of Pakistan and Others (Respondent) D.B. Order 23-OCT-20 No Hon'ble Chief Justice Mr. Justice Aqeel Ahmed Abbasi(Author), Hon'ble Justice Mrs. Rashida Asad
282 Const. P. 1137/2021 (D.B.) Sindh High Court, Karachi 2021 M/s Matiari Sugar Mills Ltd (Petitioner) VS Fed. of Pakistan and Others (Respondent) D.B. Order 15-FEB-21 No Hon'ble Chief Justice Mr. Justice Aqeel Ahmed Abbasi(Author), Hon'ble Justice Mrs. Rashida Asad
283 Const. P. 1148/2021 (D.B.) Sindh High Court, Karachi 2021 M/s Jabbar Steel Ind and Others (Petitioner) VS Fed. of Pakistan and Others (Respondent) D.B. Order 15-FEB-21 No Hon'ble Chief Justice Mr. Justice Aqeel Ahmed Abbasi(Author), Hon'ble Justice Mrs. Rashida Asad
284 Criminal Appeal 143/2019 (D.B.) Sindh High Court, Circuit at Hyderabad; attached cases: [Confirmation Case No.29 of 2019] Cr. Jail Appeal No.D-142 of 2019 2019 Aijaz Ali (Appellant) VS The State (Respondent) D.B. Judgement 17-SEP-20 No Hon'ble Mr. Justice Naimatullah Phulpoto(Author), Hon'ble Justice Mrs. Rashida Asad(Author)
285 Conf.Case 18/2014 (D.B.) Sindh High Court, Circuit at Hyderabad 2014 Sartaj (Appellant) VS The State (Respondent) D.B. Judgement 17-SEP-20 No Hon'ble Mr. Justice Naimatullah Phulpoto(Author), Hon'ble Justice Mrs. Rashida Asad
286 Const. P. 1661/2021 (D.B.) Sindh High Court, Karachi 2021 Sheikh Muhammad Manzoor (Petitioner) VS Fed. of Pakistan and Others (Respondent) D.B. Order 05-MAR-21 No Hon'ble Chief Justice Mr. Justice Aqeel Ahmed Abbasi(Author), Hon'ble Justice Mrs. Rashida Asad
287 H.C.A 267/2021 (D.B.) Sindh High Court, Karachi 2021 Gul Muhammad Jakhrani (Appellant) VS Muhammad Anwar Shafi & Others (Respondent) D.B. Order 30-NOV-21 No Hon'ble Chief Justice Mr. Justice Aqeel Ahmed Abbasi(Author), Hon'ble Justice Mrs. Rashida Asad
288 H.C.A 178/2015 (D.B.) Sindh High Court, Karachi 2015 H.H Girls School (Appellant) VS Sindh Building Control Authority & Others. (Respondent) D.B. Order 20-DEC-21 No Hon'ble Chief Justice Mr. Justice Aqeel Ahmed Abbasi(Author), Hon'ble Justice Mrs. Rashida Asad
289 H.C.A 343/2021 (D.B.) Sindh High Court, Karachi 2021 Ayub Raza Khan & Another (Appellant) VS All Pakistan Women Association & Others (Respondent) D.B. Order 24-DEC-21 No Hon'ble Chief Justice Mr. Justice Aqeel Ahmed Abbasi(Author), Hon'ble Justice Mrs. Rashida Asad
290 H.C.A 289/2009 (D.B.) Sindh High Court, Karachi 2009 Fertilizer Imports Department & Ors. (Appellant) VS Bank Al Mashriq & Ors. (Respondent) D.B. Order 09-NOV-21 No Hon'ble Chief Justice Mr. Justice Aqeel Ahmed Abbasi(Author), Hon'ble Justice Mrs. Rashida Asad
291 H.C.A 161/2019 (D.B.) Sindh High Court, Karachi 2019 Karachi Metropolitan Corporation & others (Appellant) VS M/s. Multix International Corporation (Respondent) D.B. Order 01-NOV-21 No Hon'ble Chief Justice Mr. Justice Aqeel Ahmed Abbasi(Author), Hon'ble Justice Mrs. Rashida Asad
292 Conf.Case 36/2019 (D.B.) Sindh High Court, Circuit at Hyderabad 2019 Mashooque Ali (Appellant) VS The State (Respondent) D.B. Judgement 29-OCT-21 No Hon'ble Mr. Justice Naimatullah Phulpoto(Author), Hon'ble Justice Mrs. Rashida Asad(Author)
293 H.C.A 158/2021 (D.B.) Sindh High Court, Karachi 2021 Zahid Ali Khan (Appellant) VS Mrs. Fauzia Aqeel Lari (Respondent) D.B. Order 09-DEC-21 No Hon'ble Chief Justice Mr. Justice Aqeel Ahmed Abbasi(Author), Hon'ble Justice Mrs. Rashida Asad
294 H.C.A 76/2018 (D.B.) Sindh High Court, Karachi 2018 Miss Madeha Saeed (Appellant) VS Mst. Seema Jahangir & others (Respondent) D.B. Order 24-DEC-21 No Hon'ble Chief Justice Mr. Justice Aqeel Ahmed Abbasi(Author), Hon'ble Justice Mrs. Rashida Asad
295 Const. P. 1774/2022 (D.B.) Sindh High Court, Karachi 2022 M/s Reliance Steel (Petitioner) VS Fed. of Pakistan and Others (Respondent) D.B. Order 18-AUG-22 No Hon'ble Acting Chief Justice Mr. Justice Irfan Saadat Khan(Author), Hon'ble Justice Mrs. Rashida Asad(Author)
296 Const. P. 4566/2022 (D.B.) Sindh High Court, Karachi 2022 M/s Brothers Enterprises (Petitioner) VS Fed. of Pakistan and Others (Respondent) D.B. Order 16-AUG-22 No Hon'ble Acting Chief Justice Mr. Justice Irfan Saadat Khan(Author), Hon'ble Justice Mrs. Rashida Asad
297 Const. P. 4069/2022 (D.B.) Sindh High Court, Karachi 2022 M/s Rehab Inter Trade (Petitioner) VS Fed. of Pakistan and Others (Respondent) D.B. Order 16-AUG-22 No Hon'ble Acting Chief Justice Mr. Justice Irfan Saadat Khan(Author), Hon'ble Justice Mrs. Rashida Asad
298 Const. P. 4679/2022 (D.B.) Sindh High Court, Karachi 2022 M/s Junaid Enterprises (Petitioner) VS Fed. of Pakistan and Others (Respondent) D.B. Order 10-AUG-22 No Hon'ble Acting Chief Justice Mr. Justice Irfan Saadat Khan(Author), Hon'ble Justice Mrs. Rashida Asad
299 Const. P. 2530/2022 (D.B.) Sindh High Court, Karachi 2022 Adamjee Junaid Makda (Petitioner) VS FBR and Others (Respondent) D.B. Order 11-AUG-22 No Hon'ble Acting Chief Justice Mr. Justice Irfan Saadat Khan(Author), Hon'ble Justice Mrs. Rashida Asad
300 Const. P. 1612/2021 (D.B.) Sindh High Court, Bench at Sukkur 2021 Sanaullah Shaikh & Others (Petitioner) VS P.O Sindh & Others (Respondent) D.B. Order 02-OCT-23 Yes Hon'ble Justice Mrs. Rashida Asad, Hon'ble Mr. Justice Khadim Hussain Soomro(Author)
301 Cr.Acq.A. 24/2020 (D.B.) Sindh High Court, Bench at Sukkur 2020 Shakeel Ahmed panhwar (Appellant) VS Bilal Alias Shahnawaz Panhwar & 5 Ors (Respondent) D.B. Judgement 03-OCT-23 Yes Hon'ble Justice Mrs. Rashida Asad, Hon'ble Mr. Justice Khadim Hussain Soomro(Author)
302 Const. P. 2825/2024 (D.B.) Sindh High Court, Karachi 2024 Kapeel Kumar (Petitioner) VS Province of Sindh & Others (Respondent) D.B. Order 06-JUN-24 No Hon'ble Acting Chief Justice Mr. Justice Muhammad Shafi Siddiqui(Author), Hon'ble Justice Mrs. Rashida Asad
303 Const. P. 3066/2024 (D.B.) Sindh High Court, Karachi 2024 M/s Pak Terry Mills Pvt Ltd (Petitioner) VS Fed. of Pakistan and Others (Respondent) D.B. Order 21-JUN-24 Yes Hon'ble Acting Chief Justice Mr. Justice Muhammad Shafi Siddiqui(Author), Hon'ble Justice Mrs. Rashida Asad
304 Cr.Bail 1648/2019 (S.B.) Sindh High Court, Karachi 2019 ALI REHMAN S/O HAJI REHMAN (Applicant) VS THE STATE (Respondent) S.B. Order 18-NOV-19 No Hon'ble Justice Mrs. Rashida Asad
305 Conf.Case 22/2016 (D.B.) Sindh High Court, Circuit at Hyderabad 2016 Abdul Razzak (Appellant) VS The State (Respondent) D.B. Judgement 07-OCT-20 Yes Hon'ble Mr. Justice Naimatullah Phulpoto(Author), Hon'ble Justice Mrs. Rashida Asad(Author)
306 Cr.J.A 32/2017 (D.B.) Sindh High Court, Circuit at Hyderabad 2017 GHAZI KHAN & ANOTHER (Appellant) VS THE STATE (Respondent) D.B. Order 22-SEP-20 Yes Hon'ble Mr. Justice Naimatullah Phulpoto(Author), Hon'ble Justice Mrs. Rashida Asad(Author) J.P.357/2020 Ghazi Khan and Zakir Ali v. The State Before Supreme Court of Pakistan Pending
307 H.C.A 141/2020 (D.B.) Sindh High Court, Karachi 2020 M/s. Masoomi Enterprise Pakistan (Pvt) Ltd. & ors (Appellant) VS M/s. Ping Tan (Fishery Company) & others (Respondent) D.B. Judgement 02-DEC-20 Yes Hon'ble Chief Justice Mr. Justice Aqeel Ahmed Abbasi, Hon'ble Justice Mrs. Rashida Asad(Author)
308 Const. P. 257/2021 (D.B.) Sindh High Court, Karachi 2021 Abdullah Shah Ghazi Sugar Mills Ltd (Petitioner) VS Fed. of Pakistan and Others (Respondent) D.B. Order 13-JAN-21 No Hon'ble Chief Justice Mr. Justice Aqeel Ahmed Abbasi(Author), Hon'ble Justice Mrs. Rashida Asad
309 I. A 5/2017 (S.B.) Sindh High Court, Circuit at Hyderabad 2017 Nisar Ahmed (Appellant) VS Syed Ashfaque Ali & anothers (Respondent) S.B. Order 28-SEP-20 Yes Hon'ble Justice Mrs. Rashida Asad(Author)
310 Const. P. 378/2020 (S.B.) Sindh High Court, Circuit at Hyderabad 2020 Mst. Sawera & AOR. (Petitioner) VS P.O. Sindh & Ors. (Respondent) S.B. Order 28-SEP-20 Yes Hon'ble Justice Mrs. Rashida Asad(Author)
311 Const. P. 5476/2020 (D.B.) Sindh High Court, Karachi 2020 Rotocast Engineering Co (Pvt) Ltd (Petitioner) VS Fed. of Pakistan and Others (Respondent) D.B. Order 07-DEC-20 No Hon'ble Chief Justice Mr. Justice Aqeel Ahmed Abbasi(Author), Hon'ble Justice Mrs. Rashida Asad
312 Spl.Cr.A.T.A. 222/2019 (D.B.) Sindh High Court, Karachi 2019 Shahzad Ahmed (Appellant) VS The State (Respondent) D.B. Judgement 27-APR-20 No Hon'ble Mr. Justice Abdul Maalik Gaddi(Author), Hon'ble Justice Mrs. Rashida Asad
313 Const. P. 5811/2020 (D.B.) Sindh High Court, Karachi 2020 Babar (Petitioner) VS Fed. of Pakistan and Others (Respondent) D.B. Order 19-NOV-20 No Hon'ble Chief Justice Mr. Justice Aqeel Ahmed Abbasi(Author), Hon'ble Justice Mrs. Rashida Asad
314 Civil Revision 56/2018 (S.B.) Sindh High Court, Circuit at Hyderabad 2018 Haji Karumdin & Others (Applicant) VS Muhammad Ashraf & Others (Respondent) S.B. Order 31-AUG-20 Yes Hon'ble Justice Mrs. Rashida Asad(Author)
315 Const. P. 5236/2020 (D.B.) Sindh High Court, Karachi 2020 Mrs. Farkhanda Sattar (Petitioner) VS Fed. of Pakistan and Others (Respondent) D.B. Judgement 22-DEC-20 Yes A Divisional Bench of this Court comprising of Mr. Justice Aqeel Ahmed Abbasi and Justice Mrs. Rashida Asad has pronounced the judgment on 22nd December 2020 in the case of Aameer Mustaaly Karachiwalla v. Deputy Commissioner Inland Revenue and others (alongwith other connected Petitions), whereby, the petitioners have challenged the issuance of notice under Section 182(2) read with Section 116A of the Income Tax Ordinance, 2001, enforcing penalty for not submitting returns regarding Foreign Income and Assets Statement. The plea of the petitioners was that the petitioners have already declared Foreign Income and Assets from all the sources in their wealth statement filed under Section 116 alongwith their return of total income for the Tax Year 2019 under Section 114 of the Income Tax Ordinance, 2001, within the prescribed time limit, by availing e-filing facility via IRIS, whereas, such return was duly accepted, as no notice was issued to the petitioners by the Department in terms of Section 120(3) of the Income Tax Ordinance, 2001, requiring the petitioners to furnish any short documents in this regard. It was further argued on behalf of the petitioners that omission in filing returns was neither deliberate nor it has any financial implications or involvement of payment of any taxes, etc. therefore, the penalty provisions of Section 182 of the Income Tax Ordinance, 2001, could not be invoked. Learned Divisional Bench of this Court by examining all the relevant provisions of law and case-laws has been pleased to allow the aforesaid Petitions in the following terms: - 13. In view of the foregoing discussions, we are of considered opinion that in the absence of prescribed format notified under Section 116A of the Income Tax Ordinance 2001, whereas, nothing has been concealed by petitioners, nor there is any consequence either on income or tax liability of petitioners for non-filing of Foreign Income & Assets Statement along with return of income for Tax Year 2019, the penal provisions of Section 182 of the Income Tax Ordinance, 2001, could not be invoked. Particularly, when respondents have failed to establish willful default or mens rea on the part of petitioners. We derive analogical guidance from the Non delegation Doctrine which is well established in jurisprudence and is attracted in the instant circumstances. Issuance of notices under section 182(2) cannot be validated, therefore, impugned notices having no support of lawful authority are hereby declared as illegal, hence, of no legal consequence. For these reasons, the petitions were allowed vide short order announced on 22.12.2020. Hon'ble Chief Justice Mr. Justice Aqeel Ahmed Abbasi(Author), Hon'ble Justice Mrs. Rashida Asad(Author) C.P.755/2021 Commissioner Inland Revenue AEOI, Karachi and others v. Farkhunda Sattar,C.A.390/2022 Commissioner Inland Revenue AEOI, Karachi and others v. Farkhunda Sattar Before Supreme Court of Pakistan Disposed Leave Granted,impugned judgment suspended,Disposed Disposed of
316 Const. P. 5211/2020 (D.B.) Sindh High Court, Karachi 2020 Azneem Bilwani (Petitioner) VS Fed. of Pakistan and Others (Respondent) D.B. Judgement 22-DEC-20 Yes A Divisional Bench of this Court comprising of Mr. Justice Aqeel Ahmed Abbasi and Justice Mrs. Rashida Asad has pronounced the judgment on 22nd December 2020 in the case of Aameer Mustaaly Karachiwalla v. Deputy Commissioner Inland Revenue and others (alongwith other connected Petitions), whereby, the petitioners have challenged the issuance of notice under Section 182(2) read with Section 116A of the Income Tax Ordinance, 2001, enforcing penalty for not submitting returns regarding Foreign Income and Assets Statement. The plea of the petitioners was that the petitioners have already declared Foreign Income and Assets from all the sources in their wealth statement filed under Section 116 alongwith their return of total income for the Tax Year 2019 under Section 114 of the Income Tax Ordinance, 2001, within the prescribed time limit, by availing e-filing facility via IRIS, whereas, such return was duly accepted, as no notice was issued to the petitioners by the Department in terms of Section 120(3) of the Income Tax Ordinance, 2001, requiring the petitioners to furnish any short documents in this regard. It was further argued on behalf of the petitioners that omission in filing returns was neither deliberate nor it has any financial implications or involvement of payment of any taxes, etc. therefore, the penalty provisions of Section 182 of the Income Tax Ordinance, 2001, could not be invoked. Learned Divisional Bench of this Court by examining all the relevant provisions of law and case-laws has been pleased to allow the aforesaid Petitions in the following terms: - 13. In view of the foregoing discussions, we are of considered opinion that in the absence of prescribed format notified under Section 116A of the Income Tax Ordinance 2001, whereas, nothing has been concealed by petitioners, nor there is any consequence either on income or tax liability of petitioners for non-filing of Foreign Income & Assets Statement along with return of income for Tax Year 2019, the penal provisions of Section 182 of the Income Tax Ordinance, 2001, could not be invoked. Particularly, when respondents have failed to establish willful default or mens rea on the part of petitioners. We derive analogical guidance from the Non delegation Doctrine which is well established in jurisprudence and is attracted in the instant circumstances. Issuance of notices under section 182(2) cannot be validated, therefore, impugned notices having no support of lawful authority are hereby declared as illegal, hence, of no legal consequence. For these reasons, the petitions were allowed vide short order announced on 22.12.2020. Hon'ble Chief Justice Mr. Justice Aqeel Ahmed Abbasi(Author), Hon'ble Justice Mrs. Rashida Asad(Author) C.P.750/2021 Commissioner Inland Revenue AEOI, Karachi and others v. Azneem Bilwani,C.A.385/2022 Commissioner Inland Revenue AEOI, Karachi and others v. Azneem Bilwani Before Supreme Court of Pakistan Disposed Leave Granted,impugned judgment suspended,Disposed Disposed of
317 Cr.Bail 621/2020 (S.B.) Sindh High Court, Circuit at Hyderabad 2020 Sajjan (Applicant) VS The State (Respondent) S.B. Order 10-AUG-20 Yes Hon'ble Justice Mrs. Rashida Asad(Author)
318 Const. P. 6540/2020 (D.B.) Sindh High Court, Karachi 2020 Mrs. Nishat Usmani and Others (Petitioner) VS Fed. of Pakistan and Others (Respondent) D.B. Order 18-DEC-20 No Hon'ble Chief Justice Mr. Justice Aqeel Ahmed Abbasi(Author), Hon'ble Justice Mrs. Rashida Asad
319 Conf.Case 17/2017 (D.B.) Sindh High Court, Circuit at Hyderabad 2017 Ghazi Khan (Appellant) VS The State (Respondent) D.B. Order 22-SEP-20 Yes Hon'ble Mr. Justice Naimatullah Phulpoto, Hon'ble Justice Mrs. Rashida Asad
320 Const. P. 5729/2020 (D.B.) Sindh High Court, Karachi 2020 Abdul Rasheed Khan (Petitioner) VS Fed. of Pakistan and Others (Respondent) D.B. Order 13-NOV-20 No Hon'ble Chief Justice Mr. Justice Aqeel Ahmed Abbasi(Author), Hon'ble Justice Mrs. Rashida Asad
321 Cr.Bail 76/2020 (D.B.) Sindh High Court, Karachi 2020 FAIZ MUHAMMAD @ FAIZAI S/O AGHA MUHAMMAD (Applicant) VS THE STATE (Respondent) D.B. Order 25-MAR-20 No Hon'ble Mr. Justice Abdul Maalik Gaddi(Author), Hon'ble Justice Mrs. Rashida Asad
322 Const. P. 6706/2020 (D.B.) Sindh High Court, Karachi 2020 M/s Lakhra PGC Co. Ltd (Petitioner) VS Fed. of Pakistan and Others (Respondent) D.B. Order 24-DEC-20 No Hon'ble Chief Justice Mr. Justice Aqeel Ahmed Abbasi(Author), Hon'ble Justice Mrs. Rashida Asad
323 Const. P. 206/2021 (D.B.) Sindh High Court, Karachi 2021 M/s Ten Pearls (Petitioner) VS Fed. of Pakistan and Others (Respondent) D.B. Order 11-JAN-21 No Hon'ble Chief Justice Mr. Justice Aqeel Ahmed Abbasi(Author), Hon'ble Justice Mrs. Rashida Asad
324 Const. P. 5519/2020 (D.B.) Sindh High Court, Karachi 2020 Isra Islamic Foundation (Guarantee) Ltd (Petitioner) VS Fed. of Pakistan and Others (Respondent) D.B. Order 04-NOV-20 No Hon'ble Chief Justice Mr. Justice Aqeel Ahmed Abbasi(Author), Hon'ble Justice Mrs. Rashida Asad
325 Spl:Sales Tax Ref: A. 23/2018 (D.B.) Sindh High Court, Karachi 2018 Sindh Revenue Board (Applicant) VS M/s. Hafiz Brothers Media Solution (Pvt) Ltd. (Respondent) D.B. Order 30-NOV-20 No Hon'ble Chief Justice Mr. Justice Aqeel Ahmed Abbasi(Author), Hon'ble Justice Mrs. Rashida Asad
326 Civil Revision 10/2001 (S.B.) Sindh High Court, Circuit at Hyderabad 2001 Muhammad Mekyle (Applicant) VS Saindad &ORs (Respondent) S.B. Order 05-OCT-20 Yes Hon'ble Justice Mrs. Rashida Asad(Author)
327 Cr.Bail 413/2020 (S.B.) Sindh High Court, Circuit at Hyderabad 2020 Asif Ali (Applicant) VS The State (Respondent) S.B. Order 10-AUG-20 Yes Hon'ble Justice Mrs. Rashida Asad(Author)
328 Const. P. 6041/2020 (D.B.) Sindh High Court, Karachi 2020 M/s Makkah Steel (Petitioner) VS Fed. of Pakistan and Others (Respondent) D.B. Order 27-NOV-20 No Hon'ble Chief Justice Mr. Justice Aqeel Ahmed Abbasi(Author), Hon'ble Justice Mrs. Rashida Asad
329 Const. P. 5219/2020 (D.B.) Sindh High Court, Karachi 2020 Khaja Moinuddin (Petitioner) VS Fed. of Pakistan and Others (Respondent) D.B. Order 22-OCT-20 No Hon'ble Chief Justice Mr. Justice Aqeel Ahmed Abbasi(Author), Hon'ble Justice Mrs. Rashida Asad C.P.753/2021 Commissioner Inland Revenue AEOI, Karachi and others v. Khakhaja Moinuddin,C.A.388/2022 Commissioner Inland Revenue AEOI, Karachi and others v. Khaja Moinuddin Before Supreme Court of Pakistan Disposed Leave Granted,impugned judgment suspended,Disposed Disposed of
330 Cr.Bail 650/2020 (S.B.) Sindh High Court, Circuit at Hyderabad 2020 Waseem Ahmed and others (Applicant) VS The State (Respondent) S.B. Order 18-AUG-20 Yes Hon'ble Justice Mrs. Rashida Asad(Author)
331 Const. P. 1946/2015 (D.B.) Sindh High Court, Circuit at Hyderabad 2015 Bashir Ahmed (Petitioner) VS Prov of Sindh & Ors (Respondent) D.B. Order 06-AUG-20 Yes Hon'ble Mr. Justice Naimatullah Phulpoto, Hon'ble Justice Mrs. Rashida Asad(Author)
332 Cr.Bail 542/2020 (D.B.) Sindh High Court, Karachi 2020 MAHENDAR KUMAR S/O ROOP CHAND & ORS (Applicant) VS THE STATE (Respondent) D.B. Order 05-MAY-20 No Hon'ble Mr. Justice Abdul Maalik Gaddi(Author), Hon'ble Justice Mrs. Rashida Asad(Author) Crl.P.605/2020 Naresh Kumar v. The State thr. DAG,Crl.P.651/2020 Mahendar Kumar v. The State Before Supreme Court of Pakistan Disposed Dismissed,Disposed Dismissed
333 Cr.Acq.A. 6/2016 (S.B.) Sindh High Court, Circuit at Hyderabad 2016 Inayatullah and others (Appellant) VS Abdul Kareem and others (Respondent) S.B. Order 31-AUG-20 Yes Hon'ble Justice Mrs. Rashida Asad(Author) Crl.P.135-K/2018 Naveed Arshad v. Haji Hussain and others Before Supreme Court of Pakistan Pending Notice
334 Const. P. 1217/2021 (D.B.) Sindh High Court, Karachi 2021 M/s Bandhi Sugar Mills Ltd (Petitioner) VS Fed. of Pakistan and Others (Respondent) D.B. Order 16-FEB-21 No Hon'ble Chief Justice Mr. Justice Aqeel Ahmed Abbasi(Author), Hon'ble Justice Mrs. Rashida Asad C.P.5536/2021 Prof. Dr. Shamsuddin Shaikh v. Province of Sindh through Chief Secretary, Sindh, Karachi and others Before Supreme Court of Pakistan Disposed Disposed of
335 Cr.J.A 98/2019 (D.B.) Sindh High Court, Circuit at Hyderabad 2019 Nazeer Ahmed (Appellant) VS The State (Respondent) D.B. Judgement 10-SEP-20 No Hon'ble Mr. Justice Naimatullah Phulpoto(Author), Hon'ble Justice Mrs. Rashida Asad(Author) J.P.349/2020 Nazeer Ahmed v. The State Before Supreme Court of Pakistan Pending
336 Const. P. 1012/2021 (D.B.) Sindh High Court, Karachi 2021 M/s Johar Associates Pvt Ltd (Petitioner) VS Fed. of Pakistan and Others (Respondent) D.B. Order 09-FEB-21 No Hon'ble Chief Justice Mr. Justice Aqeel Ahmed Abbasi(Author), Hon'ble Justice Mrs. Rashida Asad
337 Const. P. 1141/2021 (D.B.) Sindh High Court, Karachi 2021 M/s Geo Entertainment Television Pvt Ltd (Petitioner) VS Fed. of Pakistan and Others (Respondent) D.B. Order 15-FEB-21 No Hon'ble Chief Justice Mr. Justice Aqeel Ahmed Abbasi(Author), Hon'ble Justice Mrs. Rashida Asad
338 Const. P. 1475/2021 (D.B.) Sindh High Court, Karachi 2021 CMA CGM Pakistan Pvt Ltd (Petitioner) VS Pakistan and Others (Respondent) D.B. Order 26-FEB-21 No Hon'ble Chief Justice Mr. Justice Aqeel Ahmed Abbasi(Author), Hon'ble Justice Mrs. Rashida Asad C.P.2824/2021 CMA CGM Pakistan (Pvt) Ltd on behalf of CMA COM France, Karachi v. Pakistan through the Secretary Ministry of Finance Islamabad and others Before Supreme Court of Pakistan Pending
339 Cr.J.A 71/2018 (D.B.) Sindh High Court, Circuit at Hyderabad 2018 Irshad Ali & another (Appellant) VS The State (Respondent) D.B. Judgement 07-SEP-21 No We have carefully gone through the statement of appellant Irshad Ali and others recorded by trial Court u/s 342 Cr.P.C. It is observed that Trial Court has recorded the statements of accused under section 342 Cr.P.C. in a very casual manner and committed several illegalities, which are not curable under the law. Hon'ble Mr. Justice Naimatullah Phulpoto(Author), Hon'ble Justice Mrs. Rashida Asad(Author)
340 Cr.J.A 69/2014 (D.B.) Sindh High Court, Circuit at Hyderabad 2014 Sartaj (Appellant) VS The State (Respondent) D.B. Judgement 17-SEP-20 No Hon'ble Mr. Justice Naimatullah Phulpoto(Author), Hon'ble Justice Mrs. Rashida Asad(Author)
341 Const. P. 1786/2021 (D.B.) Sindh High Court, Karachi 2021 M/s Barrett Hodgson Pakistan (Petitioner) VS Fed. of Pakistan & Ors (Respondent) D.B. Order 10-MAR-21 No Hon'ble Chief Justice Mr. Justice Aqeel Ahmed Abbasi(Author), Hon'ble Justice Mrs. Rashida Asad
342 Const. P. 1333/2021 (D.B.) Sindh High Court, Karachi 2021 Rukhsana Zaffar & Ors (Petitioner) VS Pakistan & Ors (Respondent) D.B. Order 22-FEB-21 No Hon'ble Chief Justice Mr. Justice Aqeel Ahmed Abbasi(Author), Hon'ble Justice Mrs. Rashida Asad
343 I.T.R.A 114/2018 (D.B.) Sindh High Court, Karachi 2018 THE COMMISSIONER INLAND REVENUE (Applicant) VS M/S FAZLE RABBI (PRIVATE) LIMITED (Respondent) D.B. Order 11-MAR-21 No Hon'ble Chief Justice Mr. Justice Aqeel Ahmed Abbasi(Author), Hon'ble Justice Mrs. Rashida Asad
344 H.C.A 299/2021 (D.B.) Sindh High Court, Karachi 2021 Asif Siddik Adam (Appellant) VS Siddiki Fun Trust & Others (Respondent) D.B. Order 10-DEC-21 No Hon'ble Chief Justice Mr. Justice Aqeel Ahmed Abbasi(Author), Hon'ble Justice Mrs. Rashida Asad C.P.936-K/2023 Asif Siddik Adam v. Siddiki Fund Trust through its Trustees & others Before Supreme Court of Pakistan Pending
345 H.C.A 171/2006 (D.B.) Sindh High Court, Karachi 2006 Muhammad Saleem Asar & Ors (Appellant) VS Karachi Building Control Authority & Or (Respondent) D.B. Judgement 10-NOV-21 Yes Hon'ble Chief Justice Mr. Justice Aqeel Ahmed Abbasi, Hon'ble Justice Mrs. Rashida Asad(Author)
346 I. A 62/2019 (D.B.) Sindh High Court, Karachi 2019 Noman Tabani (Appellant) VS Faysal Bank Limited & another (Respondent) D.B. Order 29-NOV-21 No Hon'ble Chief Justice Mr. Justice Aqeel Ahmed Abbasi(Author), Hon'ble Justice Mrs. Rashida Asad
347 H.C.A 179/2015 (D.B.) Sindh High Court, Karachi 2015 H.H Girls School (Appellant) VS Sindh Building Control Authority & Others (Respondent) D.B. Order 20-DEC-21 No Hon'ble Chief Justice Mr. Justice Aqeel Ahmed Abbasi(Author), Hon'ble Justice Mrs. Rashida Asad
348 H.C.A 79/2021 (D.B.) Sindh High Court, Karachi 2021 Omar Yousuf Choudhary & Others (Appellant) VS Nadia Yousuf Choudhary & Others (Respondent) D.B. Order 20-DEC-21 No Hon'ble Chief Justice Mr. Justice Aqeel Ahmed Abbasi(Author), Hon'ble Justice Mrs. Rashida Asad
349 H.C.A 306/2014 (D.B.) Sindh High Court, Karachi 2014 Adnan Rana (Appellant) VS Captain Syed Usama Bin Usman & others (Respondent) D.B. Order 26-OCT-21 No Hon'ble Chief Justice Mr. Justice Aqeel Ahmed Abbasi(Author), Hon'ble Justice Mrs. Rashida Asad
350 H.C.A 226/2015 (D.B.) Sindh High Court, Karachi 2015 Abdul Razzak Khamosh (Appellant) VS Province of Sindh & others (Respondent) D.B. Order 15-NOV-21 No Hon'ble Chief Justice Mr. Justice Aqeel Ahmed Abbasi(Author), Hon'ble Justice Mrs. Rashida Asad
351 H.C.A 19/1972 (D.B.) Sindh High Court, Karachi 1972 Messrs. Mohammad Amin Mohammad Bashir Ltd. (Appellant) VS Messrs. Karachi Trading Agency (Respondent) D.B. Order 09-DEC-21 No Hon'ble Chief Justice Mr. Justice Aqeel Ahmed Abbasi(Author), Hon'ble Justice Mrs. Rashida Asad
352 Const. P. 4447/2022 (D.B.) Sindh High Court, Karachi 2022 M/s Steel Zone (Petitioner) VS Fed. of Pakistan and Others (Respondent) D.B. Order 15-AUG-22 No Hon'ble Acting Chief Justice Mr. Justice Irfan Saadat Khan(Author), Hon'ble Justice Mrs. Rashida Asad
353 Spl:Sales Tax Ref: A. 2500/2015 (D.B.) Sindh High Court, Karachi 2015 Commissioner Inland Revenue Zone-IV (Applicant) VS M/s. Hamdam Paper Products (Pvt) Ltd. (Respondent) D.B. Judgement 22-AUG-22 Yes Hon'ble Acting Chief Justice Mr. Justice Irfan Saadat Khan(Author), Hon'ble Justice Mrs. Rashida Asad C.P.1091-K/2022 Commissioner-IR Zone-IV v. M/s. Hamdam Paper Products (Private) Limited Before Supreme Court of Pakistan Pending
354 Const. P. 4684/2022 (D.B.) Sindh High Court, Karachi 2022 M/s Bismillah Industry & Ors (Petitioner) VS Fed. of Pakistan and Others (Respondent) D.B. Order 10-AUG-22 No Hon'ble Acting Chief Justice Mr. Justice Irfan Saadat Khan(Author), Hon'ble Justice Mrs. Rashida Asad
355 Const. P. 2917/2022 (D.B.) Sindh High Court, Karachi 2022 M/s M.M International (Petitioner) VS Fed. of Pakistan and Others (Respondent) D.B. Order 29-SEP-22 No Hon'ble Acting Chief Justice Mr. Justice Irfan Saadat Khan(Author), Hon'ble Justice Mrs. Rashida Asad
356 Const. P. 4217/2022 (D.B.) Sindh High Court, Karachi 2022 AF Steel Re-Rolling Mills (Petitioner) VS Fed. of Pakistan and Others (Respondent) D.B. Order 12-AUG-22 No Hon'ble Acting Chief Justice Mr. Justice Irfan Saadat Khan(Author), Hon'ble Justice Mrs. Rashida Asad
357 Spl. Cr. A. 69/2021 (D.B.) Sindh High Court, Bench at Sukkur 2021 Syed Rehman Pathan (Applicant) VS The State (Respondent) D.B. Judgement 13-SEP-23 Yes Hon'ble Justice Mrs. Rashida Asad, Hon'ble Mr. Justice Khadim Hussain Soomro(Author) J.P.410/2023 Syed Rehman v. The State Before Supreme Court of Pakistan Pending
358 Const. P. 1622/2023 (D.B.) Sindh High Court, Karachi 2023 M/s Ismailia Platinum Coop Housing Society Ltd (Petitioner) VS Province of Sindh & Others (Respondent) D.B. Order 07-MAR-24 No Hon'ble Mr. Justice Zafar Ahmed Rajput(Author), Hon'ble Justice Mrs. Rashida Asad
359 H.C.A 236/2024 (D.B.) Sindh High Court, Karachi 2024 Shaikh Ahsan Elahi (Appellant) VS Nadeem Ahmed & Others (Respondent) D.B. Order 12-JUN-24 No Hon'ble Acting Chief Justice Mr. Justice Muhammad Shafi Siddiqui(Author), Hon'ble Justice Mrs. Rashida Asad
360 Const. P. 5333/2020 (D.B.) Sindh High Court, Karachi 2020 Muhammad Bakar (Petitioner) VS Asstt: Commissioner I.R and Others (Respondent) D.B. Order 27-OCT-20 No Hon'ble Chief Justice Mr. Justice Aqeel Ahmed Abbasi(Author), Hon'ble Justice Mrs. Rashida Asad C.P.763/2021 Commissioner Inland Revenue AEOI, Karachi and others v. Muhammad Bakar,C.A.398/2022 Commissioner Inland Revenue AEOI, Karachi and others v. Muhammad Bakar Before Supreme Court of Pakistan Disposed Leave Granted,impugned judgment suspended,Disposed Disposed of
361 Const. P. 700/2021 (D.B.) Sindh High Court, Karachi 2021 M/s Sindh Abadgar (Petitioner) VS Fed. of Pakistan and Others (Respondent) D.B. Order 27-JAN-21 No Hon'ble Chief Justice Mr. Justice Aqeel Ahmed Abbasi(Author), Hon'ble Justice Mrs. Rashida Asad
362 Cr.Bail 837/2020 (S.B.) Sindh High Court, Circuit at Hyderabad 2020 Muhammad Arshad (Applicant) VS The State (Respondent) S.B. Order 08-SEP-20 Yes Hon'ble Justice Mrs. Rashida Asad(Author)
363 Cr.Bail 442/2020 (D.B.) Sindh High Court, Karachi 2020 NIZAMUDDIN S/O MEHRABUDDIN (Applicant) VS THE STATE (Respondent) D.B. Order 16-APR-20 No Hon'ble Mr. Justice Abdul Maalik Gaddi(Author), Hon'ble Justice Mrs. Rashida Asad(Author)
364 Const. P. 77/2021 (D.B.) Sindh High Court, Karachi 2021 Telenor Microfinance Bank Ltd (Petitioner) VS Fed. of Pakistan & Ors (Respondent) D.B. Order 13-JAN-21 No Hon'ble Chief Justice Mr. Justice Aqeel Ahmed Abbasi(Author), Hon'ble Justice Mrs. Rashida Asad
365 Conf.Case 10/2016 (D.B.) Sindh High Court, Circuit at Hyderabad 2016 Ghulam Rasool (Appellant) VS The State (Respondent) D.B. Judgement 06-OCT-20 Yes Hon'ble Mr. Justice Naimatullah Phulpoto, Hon'ble Justice Mrs. Rashida Asad(Author)
366 Const. P. 4531/2015 (D.B.) Sindh High Court, Karachi 2015 Mohammad Hassan (Petitioner) VS Fed. of Pakistan and Ors (Respondent) D.B. Order 21-OCT-20 No Hon'ble Chief Justice Mr. Justice Aqeel Ahmed Abbasi(Author), Hon'ble Justice Mrs. Rashida Asad
367 Const. P. 443/2021 (D.B.) Sindh High Court, Karachi 2021 M/s Afetex Ind (Petitioner) VS Fed. of Pakistan and Others (Respondent) D.B. Order 20-JAN-21 No Hon'ble Chief Justice Mr. Justice Aqeel Ahmed Abbasi(Author), Hon'ble Justice Mrs. Rashida Asad
368 Const. P. 2325/2016 (D.B.) Sindh High Court, Circuit at Hyderabad 2016 Shahmeer Khan (Petitioner) VS SJ Ex Officio JOP (Respondent) D.B. Order 23-SEP-20 Yes Hon'ble Mr. Justice Naimatullah Phulpoto(Author), Hon'ble Justice Mrs. Rashida Asad(Author)
369 Const. P. 5242/2020 (D.B.) Sindh High Court, Karachi 2020 Ubaid Hussain Akhtar (Petitioner) VS Deputy Commissioner (Appeals-III) and Ors (Respondent) D.B. Judgement 22-DEC-20 Yes A Divisional Bench of this Court comprising of Mr. Justice Aqeel Ahmed Abbasi and Justice Mrs. Rashida Asad has pronounced the judgment on 22nd December 2020 in the case of Aameer Mustaaly Karachiwalla v. Deputy Commissioner Inland Revenue and others (alongwith other connected Petitions), whereby, the petitioners have challenged the issuance of notice under Section 182(2) read with Section 116A of the Income Tax Ordinance, 2001, enforcing penalty for not submitting returns regarding Foreign Income and Assets Statement. The plea of the petitioners was that the petitioners have already declared Foreign Income and Assets from all the sources in their wealth statement filed under Section 116 alongwith their return of total income for the Tax Year 2019 under Section 114 of the Income Tax Ordinance, 2001, within the prescribed time limit, by availing e-filing facility via IRIS, whereas, such return was duly accepted, as no notice was issued to the petitioners by the Department in terms of Section 120(3) of the Income Tax Ordinance, 2001, requiring the petitioners to furnish any short documents in this regard. It was further argued on behalf of the petitioners that omission in filing returns was neither deliberate nor it has any financial implications or involvement of payment of any taxes, etc. therefore, the penalty provisions of Section 182 of the Income Tax Ordinance, 2001, could not be invoked. Learned Divisional Bench of this Court by examining all the relevant provisions of law and case-laws has been pleased to allow the aforesaid Petitions in the following terms: - 13. In view of the foregoing discussions, we are of considered opinion that in the absence of prescribed format notified under Section 116A of the Income Tax Ordinance 2001, whereas, nothing has been concealed by petitioners, nor there is any consequence either on income or tax liability of petitioners for non-filing of Foreign Income & Assets Statement along with return of income for Tax Year 2019, the penal provisions of Section 182 of the Income Tax Ordinance, 2001, could not be invoked. Particularly, when respondents have failed to establish willful default or mens rea on the part of petitioners. We derive analogical guidance from the Non delegation Doctrine which is well established in jurisprudence and is attracted in the instant circumstances. Issuance of notices under section 182(2) cannot be validated, therefore, impugned notices having no support of lawful authority are hereby declared as illegal, hence, of no legal consequence. For these reasons, the petitions were allowed vide short order announced on 22.12.2020. Hon'ble Chief Justice Mr. Justice Aqeel Ahmed Abbasi(Author), Hon'ble Justice Mrs. Rashida Asad(Author) C.P.756/2021 Commissioner Inland Revenue AEOI, Karachi and others v. Ubaid Hasan Akhtar,C.A.391/2022 Commissioner Inland Revenue AEOI, Karachi and others v. Ubaid Hasan Akhtar Before Supreme Court of Pakistan Disposed Leave Granted,impugned judgment suspended,Disposed Disposed of
370 Cr.J.A 60/2013 (D.B.) Sindh High Court, Circuit at Hyderabad 2013 Ahmed Nawaz Mughari (Appellant) VS The State (Respondent) D.B. Judgement 23-SEP-20 Yes Hon'ble Mr. Justice Naimatullah Phulpoto, Hon'ble Justice Mrs. Rashida Asad(Author) J.P.358/2020 Ahmed Nawaz v. The State,Crl.P.185-K/2020 Sajan Mugheri v. Ahmed Nawaz & another,Crl.A.29-K/2022 Sajan Mugheri v. Ahmed Nawaz & another Before Supreme Court of Pakistan Pending Adjourned,Disposed Leave Granted,Pending
371 Const. P. 410/2021 (D.B.) Sindh High Court, Karachi 2021 M/s Larr Sugar Mills Ltd (Petitioner) VS Fed. of Pakistan and Others (Respondent) D.B. Order 19-JAN-21 No Hon'ble Chief Justice Mr. Justice Aqeel Ahmed Abbasi(Author), Hon'ble Justice Mrs. Rashida Asad C.P.5390/2021 Chairman National Accountability Bureau through Prosecutor General Accountabilitty, NAB Headquarters, Islamabad v. Zeeshan Qureshi,C.A.2849/2022 Chairman National Accountability Bureau through Prosecutor General Accountabilitty, NAB Headquarters, Islamabad v. Zeeshan Qureshi Before Supreme Court of Pakistan Disposed Converted into Appeal and Allowed and Remanded,Disposed
372 Criminal Appeal 72/2014 (S.B.) Sindh High Court, Circuit at Hyderabad 2014 Satabo (Appellant) VS The State (Respondent) S.B. Order 24-AUG-20 Yes Hon'ble Justice Mrs. Rashida Asad(Author)
373 Cr.Bail 74/2020 (D.B.) Sindh High Court, Karachi 2020 ZABIHULLAH @ ZUBAIR S/O ABDUL REHMAN & OTHERS (Applicant) VS THE STATE (Respondent) D.B. Order 25-MAR-20 No Hon'ble Mr. Justice Abdul Maalik Gaddi(Author), Hon'ble Justice Mrs. Rashida Asad
374 Const. P. 6301/2020 (D.B.) Sindh High Court, Karachi 2020 M/s SEPCO Ltd (Petitioner) VS Fed. of Pakistan and Othes (Respondent) D.B. Order 10-DEC-20 No Hon'ble Chief Justice Mr. Justice Aqeel Ahmed Abbasi(Author), Hon'ble Justice Mrs. Rashida Asad
375 Const. P. 4621/2020 (D.B.) Sindh High Court, Karachi 2020 JS Bank Ltd (Petitioner) VS Pakistan and Ors (Respondent) D.B. Order 22-OCT-20 No Hon'ble Chief Justice Mr. Justice Aqeel Ahmed Abbasi(Author), Hon'ble Justice Mrs. Rashida Asad
376 Const. P. 4693/2020 (D.B.) Sindh High Court, Karachi 2020 M/s Muhammad Ejaz and Others (Petitioner) VS Fed. of Pakistan and Others (Respondent) D.B. Order 07-DEC-20 No Hon'ble Chief Justice Mr. Justice Aqeel Ahmed Abbasi(Author), Hon'ble Justice Mrs. Rashida Asad
377 Const. P. 6225/2020 (D.B.) Sindh High Court, Karachi 2020 Maqsod Spinning Mills Ltd (Petitioner) VS Province of Sindh ors (Respondent) D.B. Order 07-DEC-20 No Hon'ble Chief Justice Mr. Justice Aqeel Ahmed Abbasi(Author), Hon'ble Justice Mrs. Rashida Asad
378 Civil Revision 92/2018 (S.B.) Sindh High Court, Circuit at Hyderabad 2018 Zabiullah (Applicant) VS Federation of Pakistan & Others (Respondent) S.B. Order 24-AUG-20 Yes Hon'ble Justice Mrs. Rashida Asad(Author)
379 Const. P. 5328/2020 (D.B.) Sindh High Court, Karachi 2020 Muhammad Ibrahim (Petitioner) VS Fed. of Pakistan and Others (Respondent) D.B. Judgement 22-DEC-20 Yes A Divisional Bench of this Court comprising of Mr. Justice Aqeel Ahmed Abbasi and Justice Mrs. Rashida Asad has pronounced the judgment on 22nd December 2020 in the case of Aameer Mustaaly Karachiwalla v. Deputy Commissioner Inland Revenue and others (alongwith other connected Petitions), whereby, the petitioners have challenged the issuance of notice under Section 182(2) read with Section 116A of the Income Tax Ordinance, 2001, enforcing penalty for not submitting returns regarding Foreign Income and Assets Statement. The plea of the petitioners was that the petitioners have already declared Foreign Income and Assets from all the sources in their wealth statement filed under Section 116 alongwith their return of total income for the Tax Year 2019 under Section 114 of the Income Tax Ordinance, 2001, within the prescribed time limit, by availing e-filing facility via IRIS, whereas, such return was duly accepted, as no notice was issued to the petitioners by the Department in terms of Section 120(3) of the Income Tax Ordinance, 2001, requiring the petitioners to furnish any short documents in this regard. It was further argued on behalf of the petitioners that omission in filing returns was neither deliberate nor it has any financial implications or involvement of payment of any taxes, etc. therefore, the penalty provisions of Section 182 of the Income Tax Ordinance, 2001, could not be invoked. Learned Divisional Bench of this Court by examining all the relevant provisions of law and case-laws has been pleased to allow the aforesaid Petitions in the following terms: - 13. In view of the foregoing discussions, we are of considered opinion that in the absence of prescribed format notified under Section 116A of the Income Tax Ordinance 2001, whereas, nothing has been concealed by petitioners, nor there is any consequence either on income or tax liability of petitioners for non-filing of Foreign Income & Assets Statement along with return of income for Tax Year 2019, the penal provisions of Section 182 of the Income Tax Ordinance, 2001, could not be invoked. Particularly, when respondents have failed to establish willful default or mens rea on the part of petitioners. We derive analogical guidance from the Non delegation Doctrine which is well established in jurisprudence and is attracted in the instant circumstances. Issuance of notices under section 182(2) cannot be validated, therefore, impugned notices having no support of lawful authority are hereby declared as illegal, hence, of no legal consequence. For these reasons, the petitions were allowed vide short order announced on 22.12.2020. Hon'ble Chief Justice Mr. Justice Aqeel Ahmed Abbasi(Author), Hon'ble Justice Mrs. Rashida Asad(Author) C.P.762/2021 Commissioner Inland Revenue AEOI, Karachi and others v. Muhammad Ibrahim,C.A.397/2022 Commissioner Inland Revenue AEOI, Karachi and others v. Muhammad Ibrahim Before Supreme Court of Pakistan Disposed Leave Granted,impugned judgment suspended,Disposed Disposed of
380 Const. P. 2928/2016 (D.B.) Sindh High Court, Circuit at Hyderabad 2016 Ghulam Hyder Phul (Petitioner) VS Province Of Sindh and Others (Respondent) D.B. Order 04-AUG-20 Yes Hon'ble Mr. Justice Naimatullah Phulpoto, Hon'ble Justice Mrs. Rashida Asad(Author)
381 Const. P. 884/2021 (D.B.) Sindh High Court, Karachi 2021 M/s Matiari Sugar Mills Ltd (Petitioner) VS Fed. of Pakistan and Others (Respondent) D.B. Order 03-FEB-21 No Hon'ble Chief Justice Mr. Justice Aqeel Ahmed Abbasi(Author), Hon'ble Justice Mrs. Rashida Asad
382 Const. P. 5239/2020 (D.B.) Sindh High Court, Karachi 2020 Sohail Ilahi (Petitioner) VS Fed. of Pakistan and Others (Respondent) D.B. Order 22-OCT-20 No Hon'ble Chief Justice Mr. Justice Aqeel Ahmed Abbasi(Author), Hon'ble Justice Mrs. Rashida Asad
383 Cr.Bail 61/2020 (D.B.) Sindh High Court, Karachi 2020 SHAIKH SHER MUHAMMAD S/O SHAIKH GHULAM HUSSAIN (Applicant) VS THE STATE (Respondent) D.B. Order 23-APR-20 No Hon'ble Mr. Justice Abdul Maalik Gaddi(Author), Hon'ble Justice Mrs. Rashida Asad(Author)
384 Cr.J.A 3/2017 (D.B.) Sindh High Court, Circuit at Hyderabad 2017 Manzoor Ahmed (Appellant) VS THE STATE (Respondent) D.B. Order 30-SEP-20 Yes Hon'ble Mr. Justice Naimatullah Phulpoto(Author), Hon'ble Justice Mrs. Rashida Asad(Author) J.P.339/2020 Manzoor Ahmed v. The State Before Supreme Court of Pakistan Disposed Leave Granted
385 Const. P. 6093/2020 (D.B.) Sindh High Court, Karachi 2020 Medics Laboratories Pvt Ltd (Petitioner) VS Fed. of Pakistan and Others (Respondent) D.B. Order 30-NOV-20 No Hon'ble Chief Justice Mr. Justice Aqeel Ahmed Abbasi(Author), Hon'ble Justice Mrs. Rashida Asad
386 Const. P. 321/2021 (D.B.) Sindh High Court, Karachi 2021 UBL Money Market Fund (Petitioner) VS Fed. of Pakistan and Others (Respondent) D.B. Order 15-JAN-21 No Hon'ble Chief Justice Mr. Justice Aqeel Ahmed Abbasi(Author), Hon'ble Justice Mrs. Rashida Asad
387 Cr.J.A 74/2016 (D.B.) Sindh High Court, Circuit at Hyderabad 2016 Abdul Sattar & another (Appellant) VS The State (Respondent) D.B. Judgement 29-SEP-20 Yes Hon'ble Mr. Justice Naimatullah Phulpoto, Hon'ble Justice Mrs. Rashida Asad(Author)
388 Const. P. 5824/2020 (D.B.) Sindh High Court, Karachi 2020 DFL Corporation Pvt Ltd (Petitioner) VS Fed. of Pakistan & Ors (Respondent) D.B. Order 18-NOV-20 No Hon'ble Chief Justice Mr. Justice Aqeel Ahmed Abbasi(Author), Hon'ble Justice Mrs. Rashida Asad
389 2021 PLD Sindh Note 21, 2021 SBLR Sindh Note 617 H.C.A 119/2012 (D.B.) Sindh High Court, Karachi 2012 Ahmed Kuli Khattak & another (Appellant) VS Creek Marina (Singapore) Pvt Ltd. & Ors. (Respondent) D.B. Judgement 20-OCT-20 Yes Hon'ble Chief Justice Mr. Justice Aqeel Ahmed Abbasi, Hon'ble Justice Mrs. Rashida Asad(Author) C.P.L.A.1433-K/2020 Ahmed Kuli Khan Khattak & another v. Creek Marina (Singapore) Pvt.Ltd & others Before Supreme Court of Pakistan Disposed Dismissed
390 Const. P. 5444/2020 (D.B.) Sindh High Court, Karachi 2020 M/s Techno Fabriks (Pvt) Ltd (Petitioner) VS Fed. of Pakistan & Ors (Respondent) D.B. Order 12-NOV-20 No Hon'ble Chief Justice Mr. Justice Aqeel Ahmed Abbasi(Author), Hon'ble Justice Mrs. Rashida Asad
391 Const. P. 276/2021 (D.B.) Sindh High Court, Karachi 2021 M/s Aalyan Traders (Petitioner) VS Fed. of Pakistan and Others (Respondent) D.B. Order 13-JAN-21 No Hon'ble Chief Justice Mr. Justice Aqeel Ahmed Abbasi(Author), Hon'ble Justice Mrs. Rashida Asad
392 Cr.Bail 11/2021 (D.B.) Sindh High Court, Circuit at Hyderabad 2021 ALI HASSAN @ CHANG (Applicant) VS GUL MUHAMMAD (Respondent) D.B. Order 08-SEP-21 No In our considered view, applicant / accused is entitled for grant of bail after arrest for the reasons that in this Direct complaint straightaway NBWs were issued against the applicant / accused. F.I.R of the incident was not lodged at the concerned police station. There was inordinate delay in filing of the Direct complaint. Apparently, ingredients of Section 365-A PPC are not made out. Hon'ble Mr. Justice Naimatullah Phulpoto(Author), Hon'ble Justice Mrs. Rashida Asad(Author)
393 Const. P. 1474/2021 (D.B.) Sindh High Court, Karachi 2021 Pakistan International Container Terminal Ltd (Petitioner) VS Pakistan and Others (Respondent) D.B. Order 26-FEB-21 No Hon'ble Chief Justice Mr. Justice Aqeel Ahmed Abbasi(Author), Hon'ble Justice Mrs. Rashida Asad
394 Const. P. 1410/2021 (D.B.) Sindh High Court, Karachi 2021 Adamjee Insurance Co. Ltd (Petitioner) VS Province of Sindh & Ors (Respondent) D.B. Order 24-FEB-21 No Hon'ble Chief Justice Mr. Justice Aqeel Ahmed Abbasi(Author), Hon'ble Justice Mrs. Rashida Asad
395 Const. P. 1214/2021 (D.B.) Sindh High Court, Karachi 2021 M/s Bandhi Sugar Mills Ltd (Petitioner) VS Fed. of Pakistan and Others (Respondent) D.B. Order 16-FEB-21 No Hon'ble Chief Justice Mr. Justice Aqeel Ahmed Abbasi(Author), Hon'ble Justice Mrs. Rashida Asad
396 Criminal Appeal 74/2018 (D.B.) Sindh High Court, Circuit at Hyderabad; attached cases: Cr. Jail Appeal No.D-76 of 2018. Cr. Appeal No.S-172 of 2018. Cr. Appeal No.S-173 of 2018. Cr. Appeal No.D-07 of 2019. Cr. Appeal No.D-08 of 2019. Cr. Appeal No.D-09 of 2019. 2018 Mukhtiar Ali (Appellant) VS The State (Respondent) D.B. Judgement 07-SEP-21 No We have carefully gone through the statement of appellant Irshad Ali and others recorded by trial Court u/s 342 Cr.P.C. It is observed that Trial Court has recorded the statements of accused under section 342 Cr.P.C. in a very casual manner and committed several illegalities, which are not curable under the law. Hon'ble Mr. Justice Naimatullah Phulpoto(Author), Hon'ble Justice Mrs. Rashida Asad(Author) Crl.P.147-K/2018 Wazir Ali v. The State thr. P.G.Sindh,Crl.A.14-K/2020 Wazir Ali v. The State thr. P.G.Sindh,Crl.P.59-K/2021 Mumtaz Ali Nizamani v. NAB through Director General Sindh Before Supreme Court of Pakistan In Transit Leave Granted,Disposed Allowed,Pending Adjourned
397 Conf.Case 13/2017 (D.B.) Sindh High Court, Circuit at Hyderabad 2017 Khamiso (Appellant) VS The State (Respondent) D.B. Judgement 07-OCT-20 No Hon'ble Mr. Justice Naimatullah Phulpoto(Author), Hon'ble Justice Mrs. Rashida Asad
398 Const. P. 1173/2021 (D.B.) Sindh High Court, Karachi 2021 M/s SIZA Foos Pvt Ltd (Petitioner) VS Fed. of Pakistan and Others (Respondent) D.B. Order 16-FEB-21 No Hon'ble Chief Justice Mr. Justice Aqeel Ahmed Abbasi(Author), Hon'ble Justice Mrs. Rashida Asad
399 Const. P. 1359/2021 (D.B.) Sindh High Court, Karachi 2021 M/s Sakrand Sugar Mills (Petitioner) VS Fed. of Pakistan & Ors (Respondent) D.B. Order 22-FEB-21 No Hon'ble Chief Justice Mr. Justice Aqeel Ahmed Abbasi(Author), Hon'ble Justice Mrs. Rashida Asad
400 Const. P. 1645/2021 (D.B.) Sindh High Court, Karachi 2021 Habib Sugar Mills (Petitioner) VS Fed. of Pakistan and Others (Respondent) D.B. Order 05-MAR-21 No Hon'ble Chief Justice Mr. Justice Aqeel Ahmed Abbasi(Author), Hon'ble Justice Mrs. Rashida Asad
401 Const. P. 1477/2021 (D.B.) Sindh High Court, Karachi 2021 Meezan Bank Ltd (Petitioner) VS Province of Sindh and Others (Respondent) D.B. Order 26-FEB-21 No Hon'ble Chief Justice Mr. Justice Aqeel Ahmed Abbasi(Author), Hon'ble Justice Mrs. Rashida Asad
402 H.C.A 268/2021 (D.B.) Sindh High Court, Karachi 2021 Works Cooperative Housing Society (Appellant) VS Muhammad Saleem Memon & Others (Respondent) D.B. Order 30-NOV-21 No Hon'ble Chief Justice Mr. Justice Aqeel Ahmed Abbasi(Author), Hon'ble Justice Mrs. Rashida Asad
403 Cr.J.A 172/2019 (D.B.) Sindh High Court, Circuit at Hyderabad 2019 Sajjan (Appellant) VS The State (Respondent) D.B. Order 08-NOV-21 No Hon'ble Mr. Justice Naimatullah Phulpoto(Author), Hon'ble Justice Mrs. Rashida Asad(Author) Crl.P.268/2020 Zain Ali v. The State thr. Special Prosecutor , A.N.F.,J.P.411/2021 Sajjan v. The State,Crl.A.208/2022 Zain Ali v. The State thr. Special Prosecutor , A.N.F. Before Supreme Court of Pakistan Disposed Leave Granted,Pending ,Disposed Dismissed
404 I. A 107/2021 (D.B.) Sindh High Court, Karachi 2021 Muhammad Saeed (Appellant) VS Shahid Ali (Respondent) D.B. Order 20-DEC-21 No Hon'ble Chief Justice Mr. Justice Aqeel Ahmed Abbasi(Author), Hon'ble Justice Mrs. Rashida Asad
405 H.C.A 72/1973 (D.B.) Sindh High Court, Karachi 1973 Younus Khan & another (Appellant) VS Mst. Qudsia Begum (Respondent) D.B. Order 09-NOV-21 No Hon'ble Chief Justice Mr. Justice Aqeel Ahmed Abbasi(Author), Hon'ble Justice Mrs. Rashida Asad
406 Const. P. 1608/2005 (D.B.) Sindh High Court, Karachi 2005 Ms. Talat Ejaz (Petitioner) VS City District Govt. Karachi (Respondent) D.B. Order 24-NOV-20 Yes Hon'ble Chief Justice Mr. Justice Aqeel Ahmed Abbasi(Author), Hon'ble Justice Mrs. Rashida Asad(Author)
407 I. A 19/1990 (D.B.) Sindh High Court, Karachi 1990 Umer Ali (Appellant) VS Nasir Mohammad Shah & others (Respondent) D.B. Order 29-NOV-21 No Hon'ble Chief Justice Mr. Justice Aqeel Ahmed Abbasi(Author), Hon'ble Justice Mrs. Rashida Asad
408 I. A 11/2012 (D.B.) Sindh High Court, Karachi 2012 United Bank Ltd., (Appellant) VS Ali Raza Khan (Respondent) D.B. Order 29-NOV-21 No Hon'ble Chief Justice Mr. Justice Aqeel Ahmed Abbasi(Author), Hon'ble Justice Mrs. Rashida Asad
409 H.C.A 277/2021 (D.B.) Sindh High Court, Karachi 2021 Muhammad Haneef & another (Appellant) VS Hameed A. Haroon & others (Respondent) D.B. Order 07-DEC-21 No Hon'ble Chief Justice Mr. Justice Aqeel Ahmed Abbasi(Author), Hon'ble Justice Mrs. Rashida Asad
410 I. A 88/2004 (D.B.) Sindh High Court, Karachi 2004 Gharadhara Nissan Ltd (Appellant) VS First Leasing Corporation Ltd (Respondent) D.B. Order 02-NOV-21 No Hon'ble Chief Justice Mr. Justice Aqeel Ahmed Abbasi(Author), Hon'ble Justice Mrs. Rashida Asad
411 Const. P. 4879/2022 (D.B.) Sindh High Court, Karachi 2022 M/s Musarrat Firdous (Petitioner) VS Fed. of Pakistan and Others (Respondent) D.B. Order 23-AUG-22 No Hon'ble Acting Chief Justice Mr. Justice Irfan Saadat Khan(Author), Hon'ble Justice Mrs. Rashida Asad
412 Const. P. 4873/2022 (D.B.) Sindh High Court, Karachi 2022 M/s Akbari Engieering (Petitioner) VS Fed. of Pakistan and Others (Respondent) D.B. Order 23-AUG-22 No Hon'ble Acting Chief Justice Mr. Justice Irfan Saadat Khan(Author), Hon'ble Justice Mrs. Rashida Asad
413 H.C.A 206/2022 (D.B.) Sindh High Court, Karachi 2022 Muhammad Anees Abrahani (Appellant) VS Muhammad Feroz Khan & another (Respondent) D.B. Order 28-JUN-22 No Hon'ble Acting Chief Justice Mr. Justice Muhammad Shafi Siddiqui(Author), Hon'ble Justice Mrs. Rashida Asad
414 Const. P. 7003/2021 (D.B.) Sindh High Court, Karachi 2021 M/s M. Husssain & Co. and another (Petitioner) VS Fed. of Pakistan and Others (Respondent) D.B. Order 10-AUG-22 No Hon'ble Acting Chief Justice Mr. Justice Irfan Saadat Khan(Author), Hon'ble Justice Mrs. Rashida Asad
415 Spl.Cr.J.A 73/2021 (D.B.) Sindh High Court, Bench at Sukkur 2021 Tehseenullah Pathan & another (Appellant) VS The State (Respondent) D.B. Judgement 13-SEP-23 Yes Hon'ble Justice Mrs. Rashida Asad, Hon'ble Mr. Justice Khadim Hussain Soomro(Author) J.P.445/2023 Tehseenullah Pathan v. The State Before Supreme Court of Pakistan Pending
416 Const. P. 1011/2023 (D.B.) Sindh High Court, Bench at Sukkur 2023 Rafique Ahmed Rajper (Petitioner) VS Federation of Pakistan & another (Respondent) D.B. Order 22-AUG-23 Yes Hon'ble Justice Mrs. Rashida Asad, Hon'ble Mr. Justice Khadim Hussain Soomro(Author)
417 Const. P. 1012/2023 (D.B.) Sindh High Court, Bench at Sukkur 2023 Muhammad Iqbal Memon (Petitioner) VS Chairman NAB Islamabad & others (Respondent) D.B. Order 22-AUG-23 Yes Hon'ble Justice Mrs. Rashida Asad, Hon'ble Mr. Justice Khadim Hussain Soomro(Author)
418 H.C.A 314/2022 (D.B.) Sindh High Court, Karachi 2022 Pakistan Electronic Media Regulatory Authority (Appellant) VS ARY Communication Ltd & another (Respondent) D.B. Order 21-SEP-22 No Hon'ble Chief Justice Mr. Justice Aqeel Ahmed Abbasi(Author), Hon'ble Justice Mrs. Rashida Asad
419 H.C.A 441/2022 (D.B.) Sindh High Court, Karachi 2022 Khurram Saeed Khan (Appellant) VS Syed Adnan Ali & Others (Respondent) D.B. Order 03-JUN-24 No Hon'ble Acting Chief Justice Mr. Justice Muhammad Shafi Siddiqui(Author), Hon'ble Justice Mrs. Rashida Asad
420 Const. P. 3814/2020 (D.B.) Sindh High Court, Karachi 2020 Zeeshan Younus (Petitioner) VS Province of Sindh and Others (Respondent) D.B. Order 20-JUN-24 Yes Hon'ble Acting Chief Justice Mr. Justice Muhammad Shafi Siddiqui(Author), Hon'ble Justice Mrs. Rashida Asad
421 Const. P. 2674/2024 (D.B.) Sindh High Court, Karachi 2024 Abdul Aleem Uqaili and Others (Petitioner) VS Province of Sindh & Others (Respondent) D.B. Order 21-JUN-24 Yes the SPSC conducted the interviews and assessed the suitability of the candidates, which were adjudged accordingly and petitioners were not disclosed as successful. We cannot make further petitioners were not disclosed as successful. We cannot make further probe in this regard since earlier petition was disposed with certain directions, which directions were complied with by virtue of press release. However, as far as the present failures, in the shape of petitioners are concerned, this Bench cannot be a substitute of SPSC, to assume the role of interviewing panel and adjudge the suitability for the appointment of these candidates who were adjudged accordingly and not recommended. Hon'ble Acting Chief Justice Mr. Justice Muhammad Shafi Siddiqui(Author), Hon'ble Justice Mrs. Rashida Asad
422 H.C.A 444/2022 (D.B.) Sindh High Court, Karachi 2022 Khurram Saeed Khan (Appellant) VS Munsif Zaidi & Others (Respondent) D.B. Order 03-JUN-24 No Hon'ble Acting Chief Justice Mr. Justice Muhammad Shafi Siddiqui(Author), Hon'ble Justice Mrs. Rashida Asad
423 Const. P. 2676/2024 (D.B.) Sindh High Court, Karachi 2024 M/s Eccenta Eximp (Petitioner) VS Fed. of Pakistan and Others (Respondent) D.B. Order 05-JUN-24 No Hon'ble Acting Chief Justice Mr. Justice Muhammad Shafi Siddiqui(Author), Hon'ble Justice Mrs. Rashida Asad
424 H.C.A 446/2022 (D.B.) Sindh High Court, Karachi 2022 Khurram Saeed Khan (Appellant) VS Salman Zaidi & Others (Respondent) D.B. Order 03-JUN-24 No Hon'ble Acting Chief Justice Mr. Justice Muhammad Shafi Siddiqui(Author), Hon'ble Justice Mrs. Rashida Asad
425 Const. P. 791/2021 (D.B.) Sindh High Court, Karachi 2021 M/s Orient Communication Pvt Ltd (Petitioner) VS Fed. of Pakistan and Others (Respondent) D.B. Order 29-JAN-21 No Hon'ble Chief Justice Mr. Justice Aqeel Ahmed Abbasi(Author), Hon'ble Justice Mrs. Rashida Asad
426 Cr.Bail 1200/2019 (S.B.) Sindh High Court, Circuit at Hyderabad 2019 ALI SHER (Applicant) VS THE STATE (Respondent) S.B. Order 17-AUG-20 Yes Hon'ble Justice Mrs. Rashida Asad(Author)
427 Const. P. 5817/2020 (D.B.) Sindh High Court, Karachi 2020 Pacific Exim Pvt Ltd (Petitioner) VS Fed. of Pakistan and Others (Respondent) D.B. Order 18-NOV-20 No Hon'ble Chief Justice Mr. Justice Aqeel Ahmed Abbasi(Author), Hon'ble Justice Mrs. Rashida Asad
428 Cr.Bail 257/2019 (S.B.) Sindh High Court, Circuit at Hyderabad 2019 Imtiaz Magsi (Applicant) VS The State (Respondent) S.B. Order 31-AUG-20 Yes Hon'ble Justice Mrs. Rashida Asad(Author)
429 Cr.Bail 414/2020 (S.B.) Sindh High Court, Circuit at Hyderabad 2020 Asif Ali (Applicant) VS The State (Respondent) S.B. Order 10-AUG-20 Yes Hon'ble Justice Mrs. Rashida Asad(Author)
430 Cr.Bail 75/2020 (D.B.) Sindh High Court, Karachi 2020 ZABIHULLAH @ ZUBAIR S/O ABDUL REHMAN (Applicant) VS THE STATE (Respondent) D.B. Order 25-MAR-20 No Hon'ble Mr. Justice Abdul Maalik Gaddi(Author), Hon'ble Justice Mrs. Rashida Asad(Author)
431 Const. P. 5129/2020 (D.B.) Sindh High Court, Karachi 2020 Rehana Saigol (Petitioner) VS Fed. of Pakistan and Others (Respondent) D.B. Judgement 22-DEC-20 Yes A Divisional Bench of this Court comprising of Mr. Justice Aqeel Ahmed Abbasi and Justice Mrs. Rashida Asad has pronounced the judgment on 22nd December 2020 in the case of Aameer Mustaaly Karachiwalla v. Deputy Commissioner Inland Revenue and others (alongwith other connected Petitions), whereby, the petitioners have challenged the issuance of notice under Section 182(2) read with Section 116A of the Income Tax Ordinance, 2001, enforcing penalty for not submitting returns regarding Foreign Income and Assets Statement. The plea of the petitioners was that the petitioners have already declared Foreign Income and Assets from all the sources in their wealth statement filed under Section 116 alongwith their return of total income for the Tax Year 2019 under Section 114 of the Income Tax Ordinance, 2001, within the prescribed time limit, by availing e-filing facility via IRIS, whereas, such return was duly accepted, as no notice was issued to the petitioners by the Department in terms of Section 120(3) of the Income Tax Ordinance, 2001, requiring the petitioners to furnish any short documents in this regard. It was further argued on behalf of the petitioners that omission in filing returns was neither deliberate nor it has any financial implications or involvement of payment of any taxes, etc. therefore, the penalty provisions of Section 182 of the Income Tax Ordinance, 2001, could not be invoked. Learned Divisional Bench of this Court by examining all the relevant provisions of law and case-laws has been pleased to allow the aforesaid Petitions in the following terms: - 13. In view of the foregoing discussions, we are of considered opinion that in the absence of prescribed format notified under Section 116A of the Income Tax Ordinance 2001, whereas, nothing has been concealed by petitioners, nor there is any consequence either on income or tax liability of petitioners for non-filing of Foreign Income & Assets Statement along with return of income for Tax Year 2019, the penal provisions of Section 182 of the Income Tax Ordinance, 2001, could not be invoked. Particularly, when respondents have failed to establish willful default or mens rea on the part of petitioners. We derive analogical guidance from the Non delegation Doctrine which is well established in jurisprudence and is attracted in the instant circumstances. Issuance of notices under section 182(2) cannot be validated, therefore, impugned notices having no support of lawful authority are hereby declared as illegal, hence, of no legal consequence. For these reasons, the petitions were allowed vide short order announced on 22.12.2020. Hon'ble Chief Justice Mr. Justice Aqeel Ahmed Abbasi(Author), Hon'ble Justice Mrs. Rashida Asad(Author) C.P.746/2021 Commissioner Inland Revenue AEOI, Karachi and others v. Rehana Saigol,C.A.381/2022 Commissioner Inland Revenue AEOI, Karachi and others v. Rehana Saigol Before Supreme Court of Pakistan Disposed Leave Granted,impugned judgment suspended,Disposed Disposed of
432 Const. P. 5209/2020 (D.B.) Sindh High Court, Karachi 2020 Ahmed Aman (Petitioner) VS Fed. of Pakistan and Others (Respondent) D.B. Judgement 22-DEC-20 Yes A Divisional Bench of this Court comprising of Mr. Justice Aqeel Ahmed Abbasi and Justice Mrs. Rashida Asad has pronounced the judgment on 22nd December 2020 in the case of Aameer Mustaaly Karachiwalla v. Deputy Commissioner Inland Revenue and others (alongwith other connected Petitions), whereby, the petitioners have challenged the issuance of notice under Section 182(2) read with Section 116A of the Income Tax Ordinance, 2001, enforcing penalty for not submitting returns regarding Foreign Income and Assets Statement. The plea of the petitioners was that the petitioners have already declared Foreign Income and Assets from all the sources in their wealth statement filed under Section 116 alongwith their return of total income for the Tax Year 2019 under Section 114 of the Income Tax Ordinance, 2001, within the prescribed time limit, by availing e-filing facility via IRIS, whereas, such return was duly accepted, as no notice was issued to the petitioners by the Department in terms of Section 120(3) of the Income Tax Ordinance, 2001, requiring the petitioners to furnish any short documents in this regard. It was further argued on behalf of the petitioners that omission in filing returns was neither deliberate nor it has any financial implications or involvement of payment of any taxes, etc. therefore, the penalty provisions of Section 182 of the Income Tax Ordinance, 2001, could not be invoked. Learned Divisional Bench of this Court by examining all the relevant provisions of law and case-laws has been pleased to allow the aforesaid Petitions in the following terms: - 13. In view of the foregoing discussions, we are of considered opinion that in the absence of prescribed format notified under Section 116A of the Income Tax Ordinance 2001, whereas, nothing has been concealed by petitioners, nor there is any consequence either on income or tax liability of petitioners for non-filing of Foreign Income & Assets Statement along with return of income for Tax Year 2019, the penal provisions of Section 182 of the Income Tax Ordinance, 2001, could not be invoked. Particularly, when respondents have failed to establish willful default or mens rea on the part of petitioners. We derive analogical guidance from the Non delegation Doctrine which is well established in jurisprudence and is attracted in the instant circumstances. Issuance of notices under section 182(2) cannot be validated, therefore, impugned notices having no support of lawful authority are hereby declared as illegal, hence, of no legal consequence. For these reasons, the petitions were allowed vide short order announced on 22.12.2020. Hon'ble Chief Justice Mr. Justice Aqeel Ahmed Abbasi(Author), Hon'ble Justice Mrs. Rashida Asad(Author) C.P.748/2021 Commissioner Inland Revenue AEOI, Karachi and others v. Ahmed Aman,C.A.383/2022 Commissioner Inland Revenue AEOI, Karachi and others v. Ahmed Aman Before Supreme Court of Pakistan Disposed Leave Granted,impugned judgment suspended,Disposed Disposed of
433 Const. P. 238/2021 (D.B.) Sindh High Court, Karachi 2021 M/s Faran Sugar Mills (Petitioner) VS Fed. of Pakistan and Others (Respondent) D.B. Order 12-JAN-21 No Hon'ble Chief Justice Mr. Justice Aqeel Ahmed Abbasi(Author), Hon'ble Justice Mrs. Rashida Asad
434 Const. P. 790/2021 (D.B.) Sindh High Court, Karachi 2021 Steady Lift Pakistan Pvt Ltd (Petitioner) VS Fed. of Pakistan and Others (Respondent) D.B. Order 29-JAN-21 No Hon'ble Chief Justice Mr. Justice Aqeel Ahmed Abbasi(Author), Hon'ble Justice Mrs. Rashida Asad
435 Const. P. 5315/2020 (D.B.) Sindh High Court, Karachi 2020 Amjad Shaikh (Petitioner) VS Fed. of Pakistan and Others (Respondent) D.B. Judgement 22-DEC-20 Yes A Divisional Bench of this Court comprising of Mr. Justice Aqeel Ahmed Abbasi and Justice Mrs. Rashida Asad has pronounced the judgment on 22nd December 2020 in the case of Aameer Mustaaly Karachiwalla v. Deputy Commissioner Inland Revenue and others (alongwith other connected Petitions), whereby, the petitioners have challenged the issuance of notice under Section 182(2) read with Section 116A of the Income Tax Ordinance, 2001, enforcing penalty for not submitting returns regarding Foreign Income and Assets Statement. The plea of the petitioners was that the petitioners have already declared Foreign Income and Assets from all the sources in their wealth statement filed under Section 116 alongwith their return of total income for the Tax Year 2019 under Section 114 of the Income Tax Ordinance, 2001, within the prescribed time limit, by availing e-filing facility via IRIS, whereas, such return was duly accepted, as no notice was issued to the petitioners by the Department in terms of Section 120(3) of the Income Tax Ordinance, 2001, requiring the petitioners to furnish any short documents in this regard. It was further argued on behalf of the petitioners that omission in filing returns was neither deliberate nor it has any financial implications or involvement of payment of any taxes, etc. therefore, the penalty provisions of Section 182 of the Income Tax Ordinance, 2001, could not be invoked. Learned Divisional Bench of this Court by examining all the relevant provisions of law and case-laws has been pleased to allow the aforesaid Petitions in the following terms: - 13. In view of the foregoing discussions, we are of considered opinion that in the absence of prescribed format notified under Section 116A of the Income Tax Ordinance 2001, whereas, nothing has been concealed by petitioners, nor there is any consequence either on income or tax liability of petitioners for non-filing of Foreign Income & Assets Statement along with return of income for Tax Year 2019, the penal provisions of Section 182 of the Income Tax Ordinance, 2001, could not be invoked. Particularly, when respondents have failed to establish willful default or mens rea on the part of petitioners. We derive analogical guidance from the Non delegation Doctrine which is well established in jurisprudence and is attracted in the instant circumstances. Issuance of notices under section 182(2) cannot be validated, therefore, impugned notices having no support of lawful authority are hereby declared as illegal, hence, of no legal consequence. For these reasons, the petitions were allowed vide short order announced on 22.12.2020. Hon'ble Chief Justice Mr. Justice Aqeel Ahmed Abbasi(Author), Hon'ble Justice Mrs. Rashida Asad(Author) C.P.760/2021 Commissioner Inland Revenue AEOI, Karachi and others v. Amjad Shaikh,C.A.395/2022 Commissioner Inland Revenue AEOI, Karachi and others v. Amjad Shaikh Before Supreme Court of Pakistan Disposed Leave Granted,impugned judgment suspended,Disposed Disposed of
436 Const. P. 5730/2020 (D.B.) Sindh High Court, Karachi 2020 Abdul Rasheed Khan (Petitioner) VS Fed. of Pakistan and Others (Respondent) D.B. Order 13-NOV-20 No Hon'ble Chief Justice Mr. Justice Aqeel Ahmed Abbasi(Author), Hon'ble Justice Mrs. Rashida Asad
437 Const. P. 6216/2020 (D.B.) Sindh High Court, Karachi 2020 Muhammad Nadir Ali Khan (Petitioner) VS Fed. of Pakistan and Others (Respondent) D.B. Judgement 22-DEC-20 Yes A Divisional Bench of this Court comprising of Mr. Justice Aqeel Ahmed Abbasi and Justice Mrs. Rashida Asad has pronounced the judgment on 22nd December 2020 in the case of Aameer Mustaaly Karachiwalla v. Deputy Commissioner Inland Revenue and others (alongwith other connected Petitions), whereby, the petitioners have challenged the issuance of notice under Section 182(2) read with Section 116A of the Income Tax Ordinance, 2001, enforcing penalty for not submitting returns regarding Foreign Income and Assets Statement. The plea of the petitioners was that the petitioners have already declared Foreign Income and Assets from all the sources in their wealth statement filed under Section 116 alongwith their return of total income for the Tax Year 2019 under Section 114 of the Income Tax Ordinance, 2001, within the prescribed time limit, by availing e-filing facility via IRIS, whereas, such return was duly accepted, as no notice was issued to the petitioners by the Department in terms of Section 120(3) of the Income Tax Ordinance, 2001, requiring the petitioners to furnish any short documents in this regard. It was further argued on behalf of the petitioners that omission in filing returns was neither deliberate nor it has any financial implications or involvement of payment of any taxes, etc. therefore, the penalty provisions of Section 182 of the Income Tax Ordinance, 2001, could not be invoked. Learned Divisional Bench of this Court by examining all the relevant provisions of law and case-laws has been pleased to allow the aforesaid Petitions in the following terms: - 13. In view of the foregoing discussions, we are of considered opinion that in the absence of prescribed format notified under Section 116A of the Income Tax Ordinance 2001, whereas, nothing has been concealed by petitioners, nor there is any consequence either on income or tax liability of petitioners for non-filing of Foreign Income & Assets Statement along with return of income for Tax Year 2019, the penal provisions of Section 182 of the Income Tax Ordinance, 2001, could not be invoked. Particularly, when respondents have failed to establish willful default or mens rea on the part of petitioners. We derive analogical guidance from the Non delegation Doctrine which is well established in jurisprudence and is attracted in the instant circumstances. Issuance of notices under section 182(2) cannot be validated, therefore, impugned notices having no support of lawful authority are hereby declared as illegal, hence, of no legal consequence. For these reasons, the petitions were allowed vide short order announced on 22.12.2020. Hon'ble Chief Justice Mr. Justice Aqeel Ahmed Abbasi(Author), Hon'ble Justice Mrs. Rashida Asad(Author) C.P.771/2021 Commissioner Inland Revenue AEOI, Karachi and others v. Muhammad Nadir Ali Khan,C.A.406/2022 Commissioner Inland Revenue AEOI, Karachi and others v. Muhammad Nadir Ali Khan Before Supreme Court of Pakistan Disposed Leave Granted,impugned judgment suspended,Disposed Disposed of
438 Const. P. 5235/2020 (D.B.) Sindh High Court, Karachi 2020 Asad Sayeed (Petitioner) VS Fed. of Pakistan and Others (Respondent) D.B. Judgement 22-DEC-20 Yes A Divisional Bench of this Court comprising of Mr. Justice Aqeel Ahmed Abbasi and Justice Mrs. Rashida Asad has pronounced the judgment on 22nd December 2020 in the case of Aameer Mustaaly Karachiwalla v. Deputy Commissioner Inland Revenue and others (alongwith other connected Petitions), whereby, the petitioners have challenged the issuance of notice under Section 182(2) read with Section 116A of the Income Tax Ordinance, 2001, enforcing penalty for not submitting returns regarding Foreign Income and Assets Statement. The plea of the petitioners was that the petitioners have already declared Foreign Income and Assets from all the sources in their wealth statement filed under Section 116 alongwith their return of total income for the Tax Year 2019 under Section 114 of the Income Tax Ordinance, 2001, within the prescribed time limit, by availing e-filing facility via IRIS, whereas, such return was duly accepted, as no notice was issued to the petitioners by the Department in terms of Section 120(3) of the Income Tax Ordinance, 2001, requiring the petitioners to furnish any short documents in this regard. It was further argued on behalf of the petitioners that omission in filing returns was neither deliberate nor it has any financial implications or involvement of payment of any taxes, etc. therefore, the penalty provisions of Section 182 of the Income Tax Ordinance, 2001, could not be invoked. Learned Divisional Bench of this Court by examining all the relevant provisions of law and case-laws has been pleased to allow the aforesaid Petitions in the following terms: - 13. In view of the foregoing discussions, we are of considered opinion that in the absence of prescribed format notified under Section 116A of the Income Tax Ordinance 2001, whereas, nothing has been concealed by petitioners, nor there is any consequence either on income or tax liability of petitioners for non-filing of Foreign Income & Assets Statement along with return of income for Tax Year 2019, the penal provisions of Section 182 of the Income Tax Ordinance, 2001, could not be invoked. Particularly, when respondents have failed to establish willful default or mens rea on the part of petitioners. We derive analogical guidance from the Non delegation Doctrine which is well established in jurisprudence and is attracted in the instant circumstances. Issuance of notices under section 182(2) cannot be validated, therefore, impugned notices having no support of lawful authority are hereby declared as illegal, hence, of no legal consequence. For these reasons, the petitions were allowed vide short order announced on 22.12.2020. Hon'ble Chief Justice Mr. Justice Aqeel Ahmed Abbasi(Author), Hon'ble Justice Mrs. Rashida Asad(Author) C.P.754/2021 Commissioner Inland Revenue AEOI, Karachi and others v. Asad Sayeed,C.A.389/2022 Commissioner Inland Revenue AEOI, Karachi and others v. Asad Sayeed Before Supreme Court of Pakistan Disposed Leave Granted,impugned judgment suspended,Disposed Disposed of
439 Const. P. 5212/2020 (D.B.) Sindh High Court, Karachi 2020 Khalid Tabba (Petitioner) VS Fed. of Pakistan and Others (Respondent) D.B. Judgement 22-DEC-20 Yes A Divisional Bench of this Court comprising of Mr. Justice Aqeel Ahmed Abbasi and Justice Mrs. Rashida Asad has pronounced the judgment on 22nd December 2020 in the case of Aameer Mustaaly Karachiwalla v. Deputy Commissioner Inland Revenue and others (alongwith other connected Petitions), whereby, the petitioners have challenged the issuance of notice under Section 182(2) read with Section 116A of the Income Tax Ordinance, 2001, enforcing penalty for not submitting returns regarding Foreign Income and Assets Statement. The plea of the petitioners was that the petitioners have already declared Foreign Income and Assets from all the sources in their wealth statement filed under Section 116 alongwith their return of total income for the Tax Year 2019 under Section 114 of the Income Tax Ordinance, 2001, within the prescribed time limit, by availing e-filing facility via IRIS, whereas, such return was duly accepted, as no notice was issued to the petitioners by the Department in terms of Section 120(3) of the Income Tax Ordinance, 2001, requiring the petitioners to furnish any short documents in this regard. It was further argued on behalf of the petitioners that omission in filing returns was neither deliberate nor it has any financial implications or involvement of payment of any taxes, etc. therefore, the penalty provisions of Section 182 of the Income Tax Ordinance, 2001, could not be invoked. Learned Divisional Bench of this Court by examining all the relevant provisions of law and case-laws has been pleased to allow the aforesaid Petitions in the following terms: - 13. In view of the foregoing discussions, we are of considered opinion that in the absence of prescribed format notified under Section 116A of the Income Tax Ordinance 2001, whereas, nothing has been concealed by petitioners, nor there is any consequence either on income or tax liability of petitioners for non-filing of Foreign Income & Assets Statement along with return of income for Tax Year 2019, the penal provisions of Section 182 of the Income Tax Ordinance, 2001, could not be invoked. Particularly, when respondents have failed to establish willful default or mens rea on the part of petitioners. We derive analogical guidance from the Non delegation Doctrine which is well established in jurisprudence and is attracted in the instant circumstances. Issuance of notices under section 182(2) cannot be validated, therefore, impugned notices having no support of lawful authority are hereby declared as illegal, hence, of no legal consequence. For these reasons, the petitions were allowed vide short order announced on 22.12.2020. Hon'ble Chief Justice Mr. Justice Aqeel Ahmed Abbasi(Author), Hon'ble Justice Mrs. Rashida Asad(Author) C.P.751/2021 Commissioner Inland Revenue AEOI, Karachi and others v. Khalid Tabba,C.A.386/2022 Commissioner Inland Revenue AEOI, Karachi and others v. Khalid Tabba Before Supreme Court of Pakistan Disposed Leave Granted,impugned judgment suspended,Disposed Disposed of
440 Const. P. 5895/2020 (D.B.) Sindh High Court, Karachi 2020 Fariha Subhani (Petitioner) VS Fed. of Pakistan and Others (Respondent) D.B. Judgement 22-DEC-20 Yes A Divisional Bench of this Court comprising of Mr. Justice Aqeel Ahmed Abbasi and Justice Mrs. Rashida Asad has pronounced the judgment on 22nd December 2020 in the case of Aameer Mustaaly Karachiwalla v. Deputy Commissioner Inland Revenue and others (alongwith other connected Petitions), whereby, the petitioners have challenged the issuance of notice under Section 182(2) read with Section 116A of the Income Tax Ordinance, 2001, enforcing penalty for not submitting returns regarding Foreign Income and Assets Statement. The plea of the petitioners was that the petitioners have already declared Foreign Income and Assets from all the sources in their wealth statement filed under Section 116 alongwith their return of total income for the Tax Year 2019 under Section 114 of the Income Tax Ordinance, 2001, within the prescribed time limit, by availing e-filing facility via IRIS, whereas, such return was duly accepted, as no notice was issued to the petitioners by the Department in terms of Section 120(3) of the Income Tax Ordinance, 2001, requiring the petitioners to furnish any short documents in this regard. It was further argued on behalf of the petitioners that omission in filing returns was neither deliberate nor it has any financial implications or involvement of payment of any taxes, etc. therefore, the penalty provisions of Section 182 of the Income Tax Ordinance, 2001, could not be invoked. Learned Divisional Bench of this Court by examining all the relevant provisions of law and case-laws has been pleased to allow the aforesaid Petitions in the following terms: - 13. In view of the foregoing discussions, we are of considered opinion that in the absence of prescribed format notified under Section 116A of the Income Tax Ordinance 2001, whereas, nothing has been concealed by petitioners, nor there is any consequence either on income or tax liability of petitioners for non-filing of Foreign Income & Assets Statement along with return of income for Tax Year 2019, the penal provisions of Section 182 of the Income Tax Ordinance, 2001, could not be invoked. Particularly, when respondents have failed to establish willful default or mens rea on the part of petitioners. We derive analogical guidance from the Non delegation Doctrine which is well established in jurisprudence and is attracted in the instant circumstances. Issuance of notices under section 182(2) cannot be validated, therefore, impugned notices having no support of lawful authority are hereby declared as illegal, hence, of no legal consequence. For these reasons, the petitions were allowed vide short order announced on 22.12.2020. Hon'ble Chief Justice Mr. Justice Aqeel Ahmed Abbasi(Author), Hon'ble Justice Mrs. Rashida Asad(Author) C.P.769/2021 Commissioner Inland Revenue AEOI, Karachi and others v. Fariyha Subhani,C.A.404/2022 Commissioner Inland Revenue AEOI, Karachi and others v. Fariyha Subhani Before Supreme Court of Pakistan Disposed Leave Granted,impugned judgment suspended,Disposed Disposed of
441 Const. P. 934/2021 (D.B.) Sindh High Court, Karachi 2021 Ms/ Fuso Master Motors Pvt Ltd (Petitioner) VS Fed. of Pakistan and Others (Respondent) D.B. Order 04-FEB-21 No Hon'ble Chief Justice Mr. Justice Aqeel Ahmed Abbasi(Author), Hon'ble Justice Mrs. Rashida Asad
442 Criminal Appeal 12/2016 (D.B.) Sindh High Court, Circuit at Hyderabad 2016 Poonjo & another (Appellant) VS The State (Respondent) D.B. Judgement 29-SEP-20 Yes Hon'ble Mr. Justice Naimatullah Phulpoto, Hon'ble Justice Mrs. Rashida Asad(Author) J.P.373/2020 Poonjo v. The State Before Supreme Court of Pakistan Pending
443 Const. P. 5924/2020 (D.B.) Sindh High Court, Karachi 2020 Shakeel Ahmed (Petitioner) VS Fed. of Pakistan and Others (Respondent) D.B. Judgement 22-DEC-20 Yes A Divisional Bench of this Court comprising of Mr. Justice Aqeel Ahmed Abbasi and Justice Mrs. Rashida Asad has pronounced the judgment on 22nd December 2020 in the case of Aameer Mustaaly Karachiwalla v. Deputy Commissioner Inland Revenue and others (alongwith other connected Petitions), whereby, the petitioners have challenged the issuance of notice under Section 182(2) read with Section 116A of the Income Tax Ordinance, 2001, enforcing penalty for not submitting returns regarding Foreign Income and Assets Statement. The plea of the petitioners was that the petitioners have already declared Foreign Income and Assets from all the sources in their wealth statement filed under Section 116 alongwith their return of total income for the Tax Year 2019 under Section 114 of the Income Tax Ordinance, 2001, within the prescribed time limit, by availing e-filing facility via IRIS, whereas, such return was duly accepted, as no notice was issued to the petitioners by the Department in terms of Section 120(3) of the Income Tax Ordinance, 2001, requiring the petitioners to furnish any short documents in this regard. It was further argued on behalf of the petitioners that omission in filing returns was neither deliberate nor it has any financial implications or involvement of payment of any taxes, etc. therefore, the penalty provisions of Section 182 of the Income Tax Ordinance, 2001, could not be invoked. Learned Divisional Bench of this Court by examining all the relevant provisions of law and case-laws has been pleased to allow the aforesaid Petitions in the following terms: - 13. In view of the foregoing discussions, we are of considered opinion that in the absence of prescribed format notified under Section 116A of the Income Tax Ordinance 2001, whereas, nothing has been concealed by petitioners, nor there is any consequence either on income or tax liability of petitioners for non-filing of Foreign Income & Assets Statement along with return of income for Tax Year 2019, the penal provisions of Section 182 of the Income Tax Ordinance, 2001, could not be invoked. Particularly, when respondents have failed to establish willful default or mens rea on the part of petitioners. We derive analogical guidance from the Non delegation Doctrine which is well established in jurisprudence and is attracted in the instant circumstances. Issuance of notices under section 182(2) cannot be validated, therefore, impugned notices having no support of lawful authority are hereby declared as illegal, hence, of no legal consequence. For these reasons, the petitions were allowed vide short order announced on 22.12.2020. Hon'ble Chief Justice Mr. Justice Aqeel Ahmed Abbasi(Author), Hon'ble Justice Mrs. Rashida Asad(Author) C.P.770/2021 Commissioner Inland Revenue AEOI, Karachi and others v. Shakeel Ahmad,C.A.405/2022 Commissioner Inland Revenue AEOI, Karachi and others v. Shakeel Ahmad Before Supreme Court of Pakistan Disposed Leave Granted,impugned judgment suspended,Disposed Disposed of
444 Civil Revision 13/2001 (S.B.) Sindh High Court, Circuit at Hyderabad 2001 Muhammad Moosa &ORs (Applicant) VS Saindad &ORs (Respondent) S.B. Order 05-OCT-20 Yes Hon'ble Justice Mrs. Rashida Asad(Author)
445 Cr.Bail 620/2020 (D.B.) Sindh High Court, Karachi 2020 AHMED S/O MEHRAB GUL (Applicant) VS THE STATE (Respondent) D.B. Order 20-MAY-20 Yes Hon'ble Mr. Justice Abdul Maalik Gaddi(Author), Hon'ble Justice Mrs. Rashida Asad
446 Cr.Bail 670/2020 (S.B.) Sindh High Court, Circuit at Hyderabad 2020 Muhammad Ibrahim (Applicant) VS The State (Respondent) S.B. Order 18-AUG-20 Yes Hon'ble Justice Mrs. Rashida Asad(Author)
447 Cr.Bail 62/2020 (D.B.) Sindh High Court, Karachi 2020 SHAIKH SHER MUHAMMAD S/O SHAIKH GHULAM HUSSAIN (Applicant) VS THE STATE (Respondent) D.B. Order 23-APR-20 No Hon'ble Mr. Justice Abdul Maalik Gaddi(Author), Hon'ble Justice Mrs. Rashida Asad(Author)
448 Criminal Miscelleneous 366/2020 (S.B.) Sindh High Court, Circuit at Hyderabad 2020 AWAIS (Appellant) VS S.H.O P.S MEHMOODABABD & OTHERS (Respondent) S.B. Order 21-SEP-20 Yes Hon'ble Justice Mrs. Rashida Asad(Author)
449 Cr.J.A 66/2013 (D.B.) Sindh High Court, Circuit at Hyderabad 2013 Rafique @ Peeko (Appellant) VS The State (Respondent) D.B. Order 26-AUG-20 Yes Hon'ble Mr. Justice Naimatullah Phulpoto(Author), Hon'ble Justice Mrs. Rashida Asad(Author) J.P.285/2020 Rafiq @ Peeko v. The State Before Supreme Court of Pakistan Disposed Leave Granted
450 Const. P. 355/2021 (D.B.) Sindh High Court, Karachi 2021 M/s Tabish Papers Mart (Petitioner) VS Fed. of Pakistan and Others (Respondent) D.B. Order 18-JAN-21 No Hon'ble Chief Justice Mr. Justice Aqeel Ahmed Abbasi(Author), Hon'ble Justice Mrs. Rashida Asad
451 Const. P. 78/2021 (D.B.) Sindh High Court, Karachi 2021 Oleo Corp. Pvt Ltd (Petitioner) VS Fed. of Pakistan & Ors (Respondent) D.B. Order 19-JAN-21 No Hon'ble Chief Justice Mr. Justice Aqeel Ahmed Abbasi(Author), Hon'ble Justice Mrs. Rashida Asad
452 Cr.Bail 574/2020 (D.B.) Sindh High Court, Karachi 2020 MUHAMMAD FAISAL @ CHITTA (Applicant) VS THE STATE (Respondent) D.B. Order 05-MAY-20 No Hon'ble Mr. Justice Abdul Maalik Gaddi(Author), Hon'ble Justice Mrs. Rashida Asad(Author)
453 Const. P. 1361/2021 (D.B.) Sindh High Court, Karachi 2021 M/s Ssakrand Sugar Mills Ltd (Petitioner) VS Fed.of Pakistan & Ors (Respondent) D.B. Order 22-FEB-21 No Hon'ble Chief Justice Mr. Justice Aqeel Ahmed Abbasi(Author), Hon'ble Justice Mrs. Rashida Asad
454 Cr.Acq.A. 38/2020 (D.B.) Sindh High Court, Circuit at Hyderabad 2020 STATE ANF (Appellant) VS MUHAMMAD YOUSIF & OTHERS (Respondent) D.B. Judgement 12-AUG-20 No Hon'ble Mr. Justice Naimatullah Phulpoto(Author), Hon'ble Justice Mrs. Rashida Asad(Author)
455 Const. P. 1139/2021 (D.B.) Sindh High Court, Karachi 2021 M/s Matiari Sugar Mills Ltd (Petitioner) VS Fed. of Pakistan and Others (Respondent) D.B. Order 15-FEB-21 No Hon'ble Chief Justice Mr. Justice Aqeel Ahmed Abbasi(Author), Hon'ble Justice Mrs. Rashida Asad
456 Conf.Case 42/2019 (D.B.) Sindh High Court, Circuit at Hyderabad 2019 Akbar Ali (Appellant) VS The State (Respondent) D.B. Judgement 31-AUG-21 No The offence under Section 302 PPC is punishable for death or imprisonment for life, therefore, the appellants were required to be defended by a Counsel and trial was required to be conducted in presence of their Counsel. If the appellants were unable to engage the Advocate then trial Court was legally required to provide them the facility of a Counsel on State expenses before framing of the charge but in the present case charge was framed in absence of the defence Counsel and examination-in-chief of the prosecution witnesses namely, Lal Bux, Ali Gul, Ghulam Shabbir and Rashid Ali was also recorded in absence of the Advocate for the appellants. These are the illegalities, which have been committed by the trial Court, which cannot be cured under Section 537 Cr.P.C. Hon'ble Mr. Justice Naimatullah Phulpoto(Author), Hon'ble Justice Mrs. Rashida Asad(Author)
457 Const. P. 1821/2021 (D.B.) Sindh High Court, Karachi 2021 Geophysical Prospecting Co. of SINOPEC (Petitioner) VS Pakistan and Others (Respondent) D.B. Order 12-MAR-21 No Hon'ble Chief Justice Mr. Justice Aqeel Ahmed Abbasi(Author), Hon'ble Justice Mrs. Rashida Asad
458 Const. P. 1823/2021 (D.B.) Sindh High Court, Karachi 2021 Geophysical Prospecting Co. of SINOPEC (Petitioner) VS Pakistan and Others (Respondent) D.B. Order 12-MAR-21 No Hon'ble Chief Justice Mr. Justice Aqeel Ahmed Abbasi(Author), Hon'ble Justice Mrs. Rashida Asad
459 Cr.J.A 35/2013 (D.B.) Sindh High Court, Circuit at Hyderabad; attached cases: Cr. Spl. ATA Appeal No.D- 36 of 2013 Cr. Spl. ATA Appeal No.D- 37 of 2013 [Confirmation Case No.08/2013] 2013 Noor Ali Panhwar (Appellant) VS The State (Respondent) D.B. Judgement 08-AUG-20 No Hon'ble Mr. Justice Naimatullah Phulpoto(Author), Hon'ble Justice Mrs. Rashida Asad(Author) J.P.385/2020 Waleed Raza v. The State Before Supreme Court of Pakistan Pending
460 Const. P. 1010/2021 (D.B.) Sindh High Court, Karachi 2021 NUA Securities Pvt Ltd (Petitioner) VS Fed. of Pakistan and Others (Respondent) D.B. Order 09-FEB-21 No Hon'ble Chief Justice Mr. Justice Aqeel Ahmed Abbasi(Author), Hon'ble Justice Mrs. Rashida Asad
461 Cr.J.A 193/2019 (D.B.) Sindh High Court, Circuit at Hyderabad 2019 Akbar Ali (Appellant) VS The State (Respondent) D.B. Judgement 31-AUG-21 No The offence under Section 302 PPC is punishable for death or imprisonment for life, therefore, the appellants were required to be defended by a Counsel and trial was required to be conducted in presence of their Counsel. If the appellants were unable to engage the Advocate then trial Court was legally required to provide them the facility of a Counsel on State expenses before framing of the charge but in the present case charge was framed in absence of the defence Counsel and examination-in-chief of the prosecution witnesses namely, Lal Bux, Ali Gul, Ghulam Shabbir and Rashid Ali was also recorded in absence of the Advocate for the appellants. These are the illegalities, which have been committed by the trial Court, which cannot be cured under Section 537 Cr.P.C. Hon'ble Mr. Justice Naimatullah Phulpoto(Author), Hon'ble Justice Mrs. Rashida Asad(Author)
462 Cr.J.A 28/2014 (D.B.) Sindh High Court, Circuit at Hyderabad 2014 Abdul Rauf (Appellant) VS The State (Respondent) D.B. Judgement 30-SEP-21 Yes From the analysis of the evidence available on record in its entirety, we are of the opinion that prosecution had succeeded in establishing the charge brought against the appellant beyond reasonable doubt, his conviction is therefore, affirmed. However, we have decided toexercise caution in the matter of appellants sentences of death and have felt persuaded to reduce the said sentences of death to imprisonment for life on each count of the charge. Appeal is, therefore, dismissed and the convictions of the appellant on both counts of charge under Section 302(b) PPC are maintained but this appeal is partly allowed to the extent of appellants sentences of death which are reduced to imprisonment for life on two counts of the charge. Hon'ble Mr. Justice Naimatullah Phulpoto(Author), Hon'ble Justice Mrs. Rashida Asad(Author) J.P.497/2021 Abdul Rouf v. The State,Crl.M.A.670/2022 Abdul Rouf v. The State Before Supreme Court of Pakistan Disposed Dismissed as Withdrawn,Disposed Allowed
463 Const. P. 1301/2021 (D.B.) Sindh High Court, Karachi 2021 Syed Mazhar Ali Zaidi (Petitioner) VS Fed.of Pakistan and Others (Respondent) D.B. Order 19-FEB-21 No Hon'ble Chief Justice Mr. Justice Aqeel Ahmed Abbasi(Author), Hon'ble Justice Mrs. Rashida Asad
464 Conf.Case 30/2014 (D.B.) Sindh High Court, Circuit at Hyderabad 2014 Abdul Rauf (Appellant) VS The State (Respondent) D.B. Judgement 30-SEP-21 Yes From the analysis of the evidence available on record in its entirety, we are of the opinion that prosecution had succeeded in establishing the charge brought against the appellant beyond reasonable doubt, his conviction is therefore, affirmed. However, we have decided to exercise caution in the matter of appellants sentences of death and have felt persuaded to reduce the said sentences of death to imprisonment for life on each count of the charge. Appeal is, therefore, dismissed and the convictions of the appellant on both counts of charge under Section 302(b) PPC are maintained but this appeal is partly allowed to the extent of appellants sentences of death which are reduced to imprisonment for life on two counts of the charge. Hon'ble Mr. Justice Naimatullah Phulpoto(Author), Hon'ble Justice Mrs. Rashida Asad(Author)
465 Const. P. 1272/2021 (D.B.) Sindh High Court, Karachi 2021 M/s Lakhra Coal Development Co. Ltd (Petitioner) VS Fed. of Pakistan and Others (Respondent) D.B. Order 18-FEB-21 No Hon'ble Chief Justice Mr. Justice Aqeel Ahmed Abbasi(Author), Hon'ble Justice Mrs. Rashida Asad
466 Const. P. 1476/2021 (D.B.) Sindh High Court, Karachi 2021 Meezan Bank Ltd (Petitioner) VS Province of Sindh and Others (Respondent) D.B. Order 26-FEB-21 No Hon'ble Chief Justice Mr. Justice Aqeel Ahmed Abbasi(Author), Hon'ble Justice Mrs. Rashida Asad
467 Const. P. 1003/2021 (D.B.) Sindh High Court, Karachi 2021 M/s Digri Sugar Mills Ltd (Petitioner) VS Fed. of Pakistan and Others (Respondent) D.B. Order 09-FEB-21 No Hon'ble Chief Justice Mr. Justice Aqeel Ahmed Abbasi(Author), Hon'ble Justice Mrs. Rashida Asad
468 Const. P. 1652/2021 (D.B.) Sindh High Court, Karachi 2021 M/s Al-Haj Automotive Pvt Ltd (Petitioner) VS Fed. of Pakistan and Others (Respondent) D.B. Order 05-MAR-21 No Hon'ble Chief Justice Mr. Justice Aqeel Ahmed Abbasi(Author), Hon'ble Justice Mrs. Rashida Asad
469 H.C.A 273/2021 (D.B.) Sindh High Court, Karachi 2021 Standard Chartered Bank Pakistan Limited (Appellant) VS Iqbal Ahmed & Others (Respondent) D.B. Order 02-DEC-21 No Hon'ble Chief Justice Mr. Justice Aqeel Ahmed Abbasi(Author), Hon'ble Justice Mrs. Rashida Asad
470 I. A 44/2016 (D.B.) Sindh High Court, Karachi 2016 AMZ Securities (Pvt) Ltd. & another (Appellant) VS JSB Bank Ltd. & another (Respondent) D.B. Order 26-OCT-21 No Hon'ble Chief Justice Mr. Justice Aqeel Ahmed Abbasi(Author), Hon'ble Justice Mrs. Rashida Asad
471 H.C.A 188/2021 (D.B.) Sindh High Court, Karachi 2021 Pakistan International Airlines Corporation Ltd (Appellant) VS Dr. Mazhar Naeem & Others (Respondent) D.B. Order 22-OCT-21 No Hon'ble Chief Justice Mr. Justice Aqeel Ahmed Abbasi(Author), Hon'ble Justice Mrs. Rashida Asad
472 I. A 87/2021 (D.B.) Sindh High Court, Karachi 2021 Dr. Uzma Rizvi (Appellant) VS M/s. Standard Chartered Bank (Pak) Ltd. & Another (Respondent) D.B. Order 04-NOV-21 No Hon'ble Chief Justice Mr. Justice Aqeel Ahmed Abbasi(Author), Hon'ble Justice Mrs. Rashida Asad
473 Const. P. 1214/2015 (D.B.) Sindh High Court, Karachi 2015 Dr. Zulfiqar Ahmed Malik (Petitioner) VS Federal Tax Ombudsman and Ors (Respondent) D.B. Judgement 25-FEB-21 No Hon'ble Chief Justice Mr. Justice Aqeel Ahmed Abbasi, Hon'ble Justice Mrs. Rashida Asad(Author) C.A.824/2022 National Logistics Cell, Government of Pakistan, HQ NLC, Karachi v. The Collector of Customs Model Customs Collectorate, Port Muhammad Bin Qasim, Karachi and another Before Supreme Court of Pakistan Disposed
474 Const. P. 4224/2022 (D.B.) Sindh High Court, Karachi 2022 M/s Chemical Kinetcs (Petitioner) VS Fed. of Pakistan and Others (Respondent) D.B. Order 11-AUG-22 No Hon'ble Acting Chief Justice Mr. Justice Irfan Saadat Khan(Author), Hon'ble Justice Mrs. Rashida Asad
475 2023 PLD Sindh 11 H.C.A 210/2022 (D.B.) Sindh High Court, Karachi 2022 Haji Ibrahim & Others (Appellant) VS Abdul Qadir Lakhani & Others (Respondent) D.B. Order 18-JUL-22 Yes 1). Before granting a mandatory interlocutory injunction the Court had to feel a high degree of assurance that at the trial it would appear that the injunction had been rightly granted. 2).Similarly, a mandatory injunction ought not to be granted on an interlocutory application in the absence of special circumstances and then only in clear cases either where the court thought that the matter ought to be decided at once or where the injunction was directed at a simple and summary act which could be easily remedied or where the defendant had attempted to steal a march on the plaintiff. Moreover, before granting a mandatory interlocutory injunction the Court had to feel a high degree of assurance that at the trial it would appear that the injunction had been rightly granted. Hon'ble Acting Chief Justice Mr. Justice Muhammad Shafi Siddiqui(Author), Hon'ble Justice Mrs. Rashida Asad
476 Const. P. 2489/2022 (D.B.) Sindh High Court, Karachi 2022 Nazeer (Petitioner) VS Fed. of Pakistan and Others (Respondent) D.B. Judgement 26-AUG-22 No Hon'ble Acting Chief Justice Mr. Justice Irfan Saadat Khan(Author), Hon'ble Justice Mrs. Rashida Asad
477 Const. P. 4053/2022 (D.B.) Sindh High Court, Karachi 2022 M/s Sea Board Services (Petitioner) VS Province of Sindh & Others (Respondent) D.B. Order 31-AUG-22 No Hon'ble Acting Chief Justice Mr. Justice Irfan Saadat Khan(Author), Hon'ble Justice Mrs. Rashida Asad
478 Const. P. 4457/2022 (D.B.) Sindh High Court, Karachi 2022 Allama Iqbal Open University (Petitioner) VS Province of Sindh & Others (Respondent) D.B. Order 25-AUG-22 No Hon'ble Acting Chief Justice Mr. Justice Irfan Saadat Khan(Author), Hon'ble Justice Mrs. Rashida Asad
479 Const. P. 1127/2016 (D.B.) Sindh High Court, Bench at Sukkur 2016 Sajid Ali and others (Petitioner) VS Province of Sindh and others (Respondent) D.B. Judgement 27-SEP-23 Yes Hon'ble Justice Mrs. Rashida Asad, Hon'ble Mr. Justice Khadim Hussain Soomro(Author)
480 Cr.Bail 47/2023 (D.B.) Sindh High Court, Bench at Sukkur 2023 Ghulam Abbas Siyal (Applicant) VS The State (Respondent) D.B. Order 23-AUG-23 Yes Hon'ble Justice Mrs. Rashida Asad, Hon'ble Mr. Justice Khadim Hussain Soomro(Author)
481 Const. P. 2024/2018 (D.B.) Sindh High Court, Karachi 2018 M. Suleman & Ors (Petitioner) VS Province of Sindh and Others (Respondent) D.B. Order 03-JUN-24 No Hon'ble Acting Chief Justice Mr. Justice Muhammad Shafi Siddiqui(Author), Hon'ble Justice Mrs. Rashida Asad
482 Const. P. 2828/2024 (D.B.) Sindh High Court, Karachi 2024 Mrs. Amina & Others (Petitioner) VS Fed. of Pakistan and Others (Respondent) D.B. Order 07-JUN-24 No Hon'ble Acting Chief Justice Mr. Justice Muhammad Shafi Siddiqui(Author), Hon'ble Justice Mrs. Rashida Asad