Report-002 AFR

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Hon'ble Mr. Justice Muhammad Hasan (Akber)

High Court of Sindh, Principal Seat Karachi, Bench at Sukkur, Circuit Courts at Hyderabad and Larkana
A.F.R (Judgements / Orders )

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

S.No. Citation Case No. Case Type Case Year Parties Order_Date A.F.R Head Notes/ Tag Line Bench Apex Court Apex Status
1 R.A (Civil Revision) 59/2022 (S.B.) Sindh High Court, Circuit at Hyderabad Civil Appellate Jurisdictions 2022 Muhammad Bux through Lrs. (Applicant) VS Wali Muhammad & Ors. (Respondent) 21-FEB-25 Yes a "relevant" and "admissible" fact, is admitted as a piece of evidence, only when the same has been proved by the party; Article 79 QSO mandatorily requires proof of document to be attested, and shall not be used as evidence until two attesting witnesses have been examined; Exclusion to this rule has been provided only with respect to those registered documents which are admitted; in matters pertaining to financial or future obligations, an instrument if reduced to writing, shall be attested by two men or one man and two women; mere assertion of death of marginal witness would not discharge the burden of a party; Simply alleging that a witness has died or cannot be found, would not assuage the burden to locate and produce him; if no effort was made to prove death of the witness, strong presumption of withholding best evidence would be drawn against such party as entailed under Article 29(g) of the QSO; even for those registered documents which have been challenged, the exercise of proof of document through marginal witnesses is to be mandatorily complied with, and no statutory presumption could be attached to it; power of Court under Order XIV Rule 15 CPC can be exercised at any stage prior to the final disposal of the case; parties are also under duty to make application for amendment or correction of Issues settled by the Court; section 115 CPC confers an exceptional and necessary power intended to secure effective exercise of its superintendence and visitorial powers of correction, unhindered by technicalities; Article 117 of the Qanun-e-Shahadat Order, 1984 requires the primary burden to prove a fact on such person, who asserts such fact Hon'ble Mr. Justice Muhammad Hasan (Akber)(Author)
2 R.A (Civil Revision) 58/2022 (S.B.) Sindh High Court, Circuit at Hyderabad Civil Appellate Jurisdictions 2022 Muhammad Bux through Lrs. (Applicant) VS Wali Muhammad & Ors. (Respondent) 21-FEB-25 Yes a "relevant" and "admissible" fact, is admitted as a piece of evidence, only when the same has been proved by the party; Article 79 QSO mandatorily requires proof of document to be attested, and shall not be used as evidence until two attesting witnesses have been examined; Exclusion to this rule has been provided only with respect to those registered documents which are admitted; in matters pertaining to financial or future obligations, an instrument if reduced to writing, shall be attested by two men or one man and two women; mere assertion of death of marginal witness would not discharge the burden of a party; Simply alleging that a witness has died or cannot be found, would not assuage the burden to locate and produce him; if no effort was made to prove death of the witness, strong presumption of withholding best evidence would be drawn against such party as entailed under Article 29(g) of the QSO; even for those registered documents which have been challenged, the exercise of proof of document through marginal witnesses is to be mandatorily complied with, and no statutory presumption could be attached to it; power of Court under Order XIV Rule 15 CPC can be exercised at any stage prior to the final disposal of the case; parties are also under duty to make application for amendment or correction of Issues settled by the Court; section 115 CPC confers an exceptional and necessary power intended to secure effective exercise of its superintendence and visitorial powers of correction, unhindered by technicalities; Article 117 of the Qanun-e-Shahadat Order, 1984 requires the primary burden to prove a fact on such person, who asserts such fact Hon'ble Mr. Justice Muhammad Hasan (Akber)(Author)
3 Cr.Misc. 787/2024 (S.B.) Sindh High Court, Circuit at Hyderabad Criminal Appellate Jurisdictions 2024 Muhammad Anwar (Applicant) VS S.P Complaint Cell Hyderabad & Others (Respondent) 21-FEB-25 Yes Justice of the Peace u/s 22-A is not obliged to afford an opportunity of hearing to the accused party; nor obliged to necessarily or mechanically issue directions for registration of FIR; but is required to consider all relevant factors, with care and caution; to avoid machinery of criminal law from being misused; frivolous complaints must be discouraged; relationship, enmity, transactions, litigation and other remedies, are some of the relevant factors. Hon'ble Mr. Justice Muhammad Hasan (Akber)(Author)
4 Cr.Bail 35/2025 (S.B.) Sindh High Court, Circuit at Hyderabad Criminal Appellate Jurisdictions 2025 Ghulam Hussain (Applicant) VS The State (Respondent) 21-FEB-25 Yes In cases of recovery of narcotics in large quantities, special caution is required; narcotics is a serious crime against the society; it brings bad reputation to the country globally; liberal exercise of discretion while considering bail in such cases has been discouraged; except where the Court is satisfied that the charge against the accused appears to be groundless; section 25 of CNS Act specifically excludes applicability of section 103, Cr.P.C. Hon'ble Mr. Justice Muhammad Hasan (Akber)(Author)