Export
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 Mr. Justice Nazar Akbar

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 2014 CLC 1080 Suit 74/2007 (S.B.) Sindh High Court, Karachi 2007 MUHAMMAD SALEEM. (Plaintiff) VS M/S.PREMIER AGGLOW IND (Defendant) S.B. Judgement 21-MAR-14 Yes Civil Procedure Code (V of 1908)--- ----S. 151 & O. XXII, R. 3---Specific Relief Act (I of 1877), S.12---Suit for specific performance of contract---Refund of earnest money from the defendant---Inherent powers of court---Scope---Plaintiff filed suit wherein one of legal heirs on his death moved an application for refund of earnest money paid by his father to the defendant---Validity---Prayer for refund of earnest money was out of purview of the pleadings---Inherent powers under S.151, C.P.C. could not be stretched to change the complexion of a suit from the suit for specific performance of contract to the suit for refund of money---Legal heirs of the plaintiff had not been impleaded nor any application for the same had been moved---No material was on record whether applicant was the legal heir of the deceased---None of the legal heirs of deceased had authorized the applicant to claim/seek refund of earnest money from the defendant through court---Earnest money, if same was refundable, could not be refunded to the legal heirs unless they were impleaded in the suit or they produced succession certificate to claim the refund as legal heirs of the deceased---Application for refund of earnest money was dismissed in circumstances. Hon'ble Mr. Justice Nazar Akbar
2 2015 CLC 1451 Suit 823/2008 (S.B.) Sindh High Court, Karachi 2008 Abdul Karim (Plaintiff) VS Bilal Atiq & others (Defendant) S.B. Judgement 15-APR-15 Yes (a) Civil Procedure Code (V of 1908)--- ----O. VII, R. 2---Money suit---Plaintiff filed suit claiming his charge on the suit property---All the transactions with regard to the suit property by and on behalf of defendant were dubious, mala fide, illegal and contrary to law---Buyer could not have better title than the seller---Plaintiff was entitled of decree to the tune of amount as equivalent to market value of the property on the date of filing of suit---Suit was decreed with specific directions. (b) Transfer of Property Act (IV of 1882)--- ----S. 54---"Sale"---Scope---Mere sale agreement was not enough for transfer of title of immovable property---Transfer of title of immovable property must be through "registered instrument" and not merely by registered power of attorney to act on behalf of owner---"Sale" had to be proved independently by payment of full and final sale consideration---Sale would be incomplete until and unless a full and final sale consideration was paid and receipt thereof was issued separately by the seller. Sarfraz Ahmed and 36 others v. Mst. Sakina Ahmed and 36 others PLD 1985 Journal 121 and Mst. Hussain and 5 others v. Mst. Channo Bi 1990 CLC 1591 rel. (c) Stamp Act (II of 1899)--- ----S. 3---Registration Act (XVI of 1908), S.17(b)---Transfer of Property Act (IV of 1882), S.54---Sale of immovable property through power of attorney---Requirements---Power of attorney was liable to be "duly stamped" with stamp duty to confer power to "sell" on attorney with whom seller had also entered into an agreement of sale---Amount of stamp duty on such power of attorney should be equal to the stamp duty required for registration of "conveyance deed". (d) Stamp Act (II of 1899)--- ----Preamble---Scope---Stamp Act, 1899 was purely fiscal statute and violation of the provisions of Stamp Act, 1899 would entail penal consequence---Compliance of the Act was must for protection of revenue. Hon'ble Mr. Justice Nazar Akbar
3 2014 PLD 341 Const. P. 354/2014 (S.B.) Sindh High Court, Karachi 2014 MST. SHABANA ANWER (Petitioner) VS PROVINCE OF SINDH & OTHERS (Respondent) S.B. Order 24-MAR-14 Yes (a) Constitution of Pakistan--- ----Art. 199---Penal Code (XLV of 1860), S. 302---Constitutional petition---Qatl-e-amd---Pre-arrest bail, grant of---Female accused with children---Accused-petitioner was alleged to have been involved in the murder of her husband---Accused was a woman with three children and she herself attended the funeral of her deceased-husband---Prosecution was hesitant in arresting the accused and till date police had made no serious efforts to arrest her--- Police had no explanation for its failure to arrest the accused, who was nominated in a murder case---Accused was admitted to pre-arrest bail in circumstances with the direction that she should cooperate with the police in investigation---Constitutional petition was disposed of accordingly. (b) Constitution of Pakistan--- ----Art. 199---Penal Code (XLV of 1860), S.302---Constitutional petition---Crime scene/place of murder---Accused was given access to crime scene to remove personal belongings---Accused-petitioner was alleged to have been involved in the murder of her husband---Murder allegedly took place at the house where accused and her husband resided---Accused was granted post-arrest bail and her plea was that house in question had been locked by her in-laws; that she needed access to the said house to get access to her and her children's belongings---Validity---High Court directed that investigating officer should give free access to the accused in his presence; that accused was allowed to visit the house in presence of investigating officer so that she may recover/remove her belongings and those of her children without disturbing the crime scene; that investigating officer should ensure that belongings of accused and her children, which were not needed for investigation should be allowed to be taken away by the accused; that investigating officer should make diary of the entry of accused into the premises and make inventory of anything she removed from the crime scene---Constitutional petition was disposed of accordingly. Hon'ble Mr. Justice Nazar Akbar
4 Suit 300/1988 (S.B.) Sindh High Court, Karachi 1988 MST. UME AIMAR & ORS.. (Plaintiff) VS MUHAMMAD YOUSUF & ORS. (Defendant) S.B. Order 10-FEB-16 Yes Hon'ble Mr. Justice Salahuddin Panhwar, Hon'ble Mr. Justice Nazar Akbar
5 2014 MLD 428 Suit 1198/2006 (S.B.) Sindh High Court, Karachi 2006 Pir Sher Muhammad (Plaintiff) VS Sui Southern Gas Co., Ltd., and another (Defendant) S.B. Order 21-OCT-13 Yes Qanun-e-Shahadat (10 of 1984)--- ---Art. 74---Civil Procedure Code (V of 1908), O.XIII, R.2 & S. 151---Application for permission to place copies of documents on the record--- Documents mentioned in the application had already been filed with the plaint----Said documents had been admitted by the defendants and their contents had not been denied by them---Nothing had been alleged to have been changed/forged in the certified copies---Courts were not supposed to pass any verdict on the quality of evidence during recording of the same---Evidentiary value of the documents was to be determined at the final disposal of the suit---Application was accepted in circumstances. Hon'ble Mr. Justice Nazar Akbar
6 2015 MLD 1721 Const. P. 203/2004 (S.B.) Sindh High Court, Circuit at Hyderabad 2004 Muhammad Farooque (Petitioner) VS Muhammad Azam and others (Respondent) S.B. Judgement 30-SEP-14 Yes (a) Sindh Rented Premises Ordinance (XVII of 1979)--- ----S. 15---Constitution of Pakistan, Art.199---Constitutional petition---Ejectment of tenant---Default in payment of rent---Denial of relationship of landlord and tenant by the tenant---Plea of entering into sale agreement by tenant with landlord---Ejectment petition was accepted by the Rent Controller but same was dismissed by the Appellate Court on the ground that relationship of landlord and tenant was not established---Validity---Sale agreement in favour of tenant had not conferred any right even to be enforced in future---Conclusion drawn by the Appellate Court was erroneous and far-fetched---Appellate Court had failed to appreciate the legal status of agreement of sale---Sale agreement had no consequences---Landlord had registered sale deed in his favour with regard to demised premises whereas tenant had mere agreement of sale for the same---Findings recorded by the Appellate Court were contrary to law and were not sustainable on the point of jurisdiction of Rent Controller---Tenant was directed to hand over vacant possession of the tenement to the landlord within a specified period---Constitutional petition was accepted in circumstances. Iqbal and 6 others v. Rabia Bibi PLD 1991 SC 242; 2000 SCMR 1604 and 2011 SCMR 320 rel. (b) Constitution of Pakistan--- ----Art. 199---Constitutional petition---Scope---Factual controversy could not be examined in constitutional petition---High Court could interfere in the findings of courts below if same were result of mis-reading of evidence or omission to consider the material or failure to apply the rule of law. Hon'ble Mr. Justice Nazar Akbar C.P.360-K/2014 Muhammad Azam v. Muhammad Farooq and others Before Supreme Court of Pakistan Disposed Dismissed
7 2014 CLC 1019, 2014 SBLR 1495 Suit 879/1979 (S.B.) Sindh High Court, Karachi 1979 Anjum Rehmat and another (Plaintiff) VS Nemo (Defendant) S.B. Order 23-DEC-13 Yes Civil Procedure Code (V of 1908)--- ----S. 144 & O. XX, R. 12(1) (b)---Delivery of possession of property to the plaintiffs by Nazir of High Court in execution of decree which was set aside---Reversal of decree---Wrongful possession---Mesne profit, recovery of---Application on behalf of Official Assignee for restitution of said property acquired by the plaintiffs---Scope--- Property/benefits of decree must be restored to the position as the same was on the date of passing of decree which had been set aside/reversed---Court was bound to place the parties in the position which they would have occupied prior to execution of decree---Such was directory for the court to pass order consequential on such variation or reversal of decree; order to include refund of cost, payment of interest even damages and compensation and mesne profit by the beneficiary of the decree for the period he had enjoyed the property or any other benefit but for the decree---Property should be restored to the Nazir of High Court through whom plaintiffs had acquired possession of the same---Decree had been reversed and plaintiffs were to be placed in the position which they had occupied prior to such decree---Official Assignee was not party when execution was ordered and decree was set aside---Suit would revive along with pending applications on remand or setting aside of judgment and decree---Official Assignee/Liquidator had first to prove that he was dispossessed from the property in execution of decree---Possession of property could not be handed over to the Official Assignee as same would violate the status quo and even at that time neither he was party to the suit nor his claim of bona fide owner was before the court---Plaintiffs should hand over peaceful possession of suit property to the Nazir---Plaintiffs remained in possession of the suit property for more than 24 years and 6 months under a decree which had been reversed and their possession from the date of reversal of decree till date of possession was wrongful possession---Benefits enjoyed by the plaintiffs for such period were liable to be refunded which could not be determined without inquiry---Nazir was directed to hold inquiry to ascertain the mesne profit---Application was disposed of accordingly. Hon'ble Mr. Justice Nazar Akbar
8 2015 MLD 1749 Suit 76/2010 (S.B.) Sindh High Court, Karachi 2010 ANJUM REHMAT & ANOTHER (Plaintiff) VS SQUADRON LEADER (R) SH. GHULAM SADIQ & OTHERS (Defendant) S.B. Judgement 04-AUG-14 Yes Specific Relief Act (I of 1877)--- ----Ss.39, 42, 12 & 54---Transfer of Property Act (IV of 1882), S.54---Suit for cancellation of document, declaration, specific performance of agreement and injunction---Maintain-ability---Filing of second suit---Plaintiff in year, 1979, sought specific performance of agreement to sell dated 22-5-1979---During pendency of earlier suit plaintiffs filed another suit seeking declaration regarding certain documents including subsequent agreement to sell in favour of defendant, pertaining to same property---Validity---Interest of plaintiffs was already sub judice in earlier suit and their apprehension about documents in question had no basis, as plaintiffs were not party to subsequent sale agreement---Executant of subsequent sale agreement was already party in suit filed by plaintiffs in year, 1979---Agreement to sell immovable property by itself could not create any interest in or charge on such property---Provision of S. 54 of Transfer of Property Act, 1882, was complete answer to uncalled for fears of plaintiffs with reference to documents in question---Subsequent agreement to sell did not confer any right, title or interest in suit property in favour of defendant adverse to interest of plaintiffs---Document which by itself had no legal consequence was neither required to be declared so nor to be cancelled---Plaintiffs were neither aggrieved by documents in question nor they had any cause of action for filing subsequent suit to seek relief of cancellation of documents in question---Suit was dismissed in circumstances. Hon'ble Mr. Justice Nazar Akbar
9 2014 YLR 2412 Suit 851/2012 (S.B.) Sindh High Court, Karachi 2012 MST. RUKHSANA TARIQ & ANOTHER (Plaintiff) VS MUHAMMAD ISHAQ & OTHERS (Defendant) S.B. Order 13-JUN-14 Yes Partition Act (IV of 1893)--- ----S. 3(1)---Suit for partition---Sharer undertook to buy---Procedure---Valuation of share--- Determination--- Defendants were running same business which their father was running from the same premises---Defendants had wilfully not attended the office of Official Assignee---Effect---High Court directed Official Assignee to seal godown immediately and ensure compliance of earlier order pending determination of right of plaintiffs in income generated from business of their deceased father---Compliance report of sealing godown in question should be submitted by Official Assignee---Application was disposed of accordingly. Hon'ble Mr. Justice Nazar Akbar
10 2014 MLD 1158 Cr.Misc. 54/2014 (S.B.) Sindh High Court, Karachi 2014 MST. MARIA D/O LATE SHAFIQ AHMED (Applicant) VS THE SHO PS GIZRI (Respondent) S.B. Order 30-APR-14 Yes (a) Criminal Procedure Code (V of 1898)--- ----Ss. 22-A & 561-A---Applicant/one of the sisters of the victim, had impugned the order passed by Justice of Peace, whereby her prayer for issuance of direction to concerned S.H.O. for registration of F.I.R. against accused had been dismissed---Earlier, S.H.O. concerned, in collusion with main accused had lodged F.I.R., allegedly on the complaint of other sister of the victim, but said F.I.R. failed to reflect true facts and real incident reported by the complainant; her statement was not properly incorporated in the F.I.R.---Applicant, on having come to know about manipulation in the F.I.R., filed application under S.22-A, Cr.P.C. for registration of separate F.I.R.---Justice of Peace, on the report of S.H.O. to the effect that second F.I.R. could not be lodged for the same incident as alleged by the complainant, dismissed application filed under S.22-A, Cr.P.C. and applicant had filed application under S.561-A, Cr.P.C. for setting aside said order---Collusion of Police with accused had been confirmed---Justice of Peace had not relied upon any authority, and had ignored the two judgments of the High Court, which were binding upon her in terms of Art.189 of the Constitution---Impugned order was set aside by High Court and application was allowed as prayed---S.H.O. was directed to record the statement of the applicant. 2013 PCr.LJ 117 and 2013 PCr.LJ 660 distinguished. 2001 SCMR 1556 and PLD 2005 SC 297 ref. (b) Criminal Procedure Code (V of 1898)--- ----S. 154---first Information Report---Right to contest contents of F.I.R.---Scope---Accused was not entitled to contest the contents of F.I.R. before it was registered against him---Accused would have right to approach the court only after the lodging of F.I.R. and could take any defence at the trial. Hon'ble Mr. Justice Nazar Akbar
11 2015 CLC 1071 Suit 1666/2012 (S.B.) Sindh High Court, Karachi 2012 HUMMA EJAZ (Plaintiff) VS MS. FOZIA JABEEN (Defendant) S.B. Order 16-DEC-14 Yes Civil Procedure Code (V of 1908)--- ----O. V, R.15---Registration Act (XVI of 1908), S.17--- Specific Relief Act (I of 1877), S.12---Suit for specific performance of contract---Owner of property an illiterate lady---Agreement to sell through attorney---Power of attorney, non-registration of---Effect---Summons, service of---Scope---Service of summons on maid of defendant in a suit was not proper service---Plaintiff had failed to place on record any registered power of attorney---Seller's (owners) title document should be registered for the purpose of alienation of immovable property---If immovable property was sold through power of attorney then same should have been registered and without the same attorney could not be deemed to have been duly authorized to sell the property---General power of attorney, in the present case, was not a registered document, therefore, agreement of sale through attorney (of actual owner) on the basis of said power of attorney was not enforceable in law---Court had to be even more careful in a case of an immovable property of an illiterate woman---Suit was dismissed in circumstances. Hon'ble Mr. Justice Nazar Akbar
12 2015 YLR 1589 Suit 750/2013 (S.B.) Sindh High Court, Karachi 2013 Ghulam Farid Memon. (Plaintiff) VS Province of Sindh and others. (Defendant) S.B. Judgement 03-FEB-15 Yes Specific Relief Act (I of 1877)--- ----S.42---Civil Procedure Code (V of 1908), O. I, R. 10---Suit for declaration---Cause of action and locus standi to file suit--- Scope--- Defendants moved application for impleadment as a necessary party in the suit on the ground that they were owners in possession of suit property---Application for impleadment was allowed and plaintiff was directed to file amended plaint---Plaintiff filed only amended title and did not file amended plaint to seek any relief against the newly impleaded defendants---Contention of defendants was that suit property had been transferred in their favour---Validity---Plaintiff ought to have filed an amended plaint if he was aggrieved by the claim of newly impleaded defendants---Declaration of status of suit property as village property could not be granted---Plaintiff was to claim declaration with regard to his personal right in the property, if the same had been denied by anyone---Plaintiff was not aggrieved by denial of any existing right in his favour he wanted that in future the proprietary rights might be conferred on him by regularization of land which he claimed to be under his occupation---Plaintiff having no proprietary right nor such right was under any threat, he was not entitled to seek any declaration---Present suit was filed after ownership rights with regard to suit property had already been conferred in favour of defendants through auction of government land---Defendants were in possession on the suit property---Plaintiff had filed present suit without any specific time/date of accrual of cause of action against the defendants---Claim of plaintiff stood demolished by the facts that defendants were owners in possession of suit land and despite such knowledge/ information, plaintiff had not shown any grievance against the defendants---Suit was dismissed for want of cause of action and locus standi to seek declaration, in circumstances Hon'ble Mr. Justice Nazar Akbar
13 2015 YLR 1609 Cr.Rev 145/2014 (S.B.) Sindh High Court, Karachi 2014 JAVAID IQBAL @ KHALID MAHMOOD (Applicant) VS THE STATE & 06 OTHERS (Respondent) S.B. Order 29-APR-15 Yes Illegal Dispossession Act (XI of 2005)--- ----Ss. 3, 4, 5, 7 & 8---Constitution of Pakistan, Arts. 4 & 10A---Illegal dispossession---"Offender" as defined in S.3, Illegal Dispossession Act, 2005---Scope--- Dismissal of complaint---Petitioner, who was tenant in shop in question, was forcibly and unlawfully dispossessed by the landlords on the pretext that petitioner had not paid utility bills of the shop in question---Respondents after dispossessing the petitioner, locked the shop---Trial Court dismissed the complaint filed by the petitioner against his illegal and unlawful dispossession, without even going for the trial simply on the ground that petitioner did not fall within the definition of offender as given in S.3 of Illegal Dispossession Act, 2005---Trial Court while passing impugned order failed to assign any reason---If respondents were of the view that, the petitioner was guilty of non-payment of utility bills of the shop, they were not supposed to take law in their hands---Respondents could file case for ejectment of the petitioner/tenant in terms of S.15 of the Sindh Rented Premises Ordinance, 1979, but, instead they chose to apply force to dispossess the petitioner---Petitioner, was deprived of fundamental rights guaranteed to him under Arts.4 & 10-A of the Constitution---Order passed by Trial Court, was set aside and case was remitted, with directions that complaint filed by the petitioner, be disposed of after framing charge, and recording evidence of all the parties, mentioned in the Police report or any other witness, that parties could choose to bring in support of their case---Pending proceedings, possession of shop in question should be handed over to the petitioner, in circumstances. Hon'ble Mr. Justice Nazar Akbar Crl.P.36-K/2015 Muhammad Ismail Nizami and others v. Javed Iqbal and another Before Supreme Court of Pakistan Disposed Dismissed
14 Spl.Anti.Ter.A. 41/2013 (D.B.) Sindh High Court, Karachi 2013 Shahab Zaman (Appellant) VS The State (Respondent) D.B. Judgement 16-APR-15 Yes Hon'ble Mr. Justice Naimatullah Phulpoto, Hon'ble Mr. Justice Nazar Akbar
15 2015 CLC 1395 Execution 31/2004 (S.B.) Sindh High Court, Karachi 2004 DILAWAR HUSSAIN & ORS (Decree Holder) VS THE PROVINCE OF SINDH & ORS. (Judgment Debtor) S.B. Judgement 24-APR-15 Yes (a) Land Acquisition Act (I of 1894)--- ----Ss. 4 & 28-A [omitted by Land Acquisition (Sindh Amendment) Act, (XVI of 2010), S.4]---General Clauses Act (X of 1897), S.6---Execution of decree---Repealed of a provision---Effect---Expression 'shall be deemed to have been omitted as if it so had never existed' occurring in the amending Act omitting S.28-A---Interpretation---Non-obstante clause---Effect---Decree holder filed application to withdraw decretal amount lying with Nazir of the Court---Judgment debtor raised objection that decretal amount included additional amount in view of S.28-A which stood repealed with effect from 12-7-2010---Judgment debtor contended that expression 'shall be deemed to been omitted as if it so had never existed' occurring in S.28-A of Land Acquisition, 1894 implied that no benefit was available to decree holder whose land had been required under S.4 of the Land Acquisition Act, 1894---Decree holder averred that amendment could not be made retrospectively to deprive anyone of lawful right accrued to him by operation of law or decree of court---Validity---Benefit available to decree holder would not be accounted from the date of notification of amendment---Payment of compensation under S.4 of Land Acquisition Act, 1894 read with S.28-A of the Act was time bound and kept multiplying by fifteen percent per annum---Provision of S.28-A of the Act was applicable in case of decree holder whose land had been acquired in 1960 and it could not be deemed to have been non-existent retrospectively---Legislature had not intended to take away effect of judgment and decree already passed otherwise it should have been specifically mentioned by use of non-obstante clause---Any enactment subsequent to judgment and decree extending benefit in favour of decree holder could not be read to nullify judgment unless such judgment and decree had been mentioned in enactment itself---Provisions contained in S.6 of General Clauses Act, 1897 protected the judgment and decree against any amendment. Nazeer Ahmed and others v. Ghulam Mehdi and others PLD 1988 SC 824 rel. Islamic Republic of Pakistan v. Muhammad Saeed PLD 1961 SC 192 distinguished. (b) General Clauses Act (X of 1897)--- ----S. 6---Scope---Repeal---Effect---Provisions contained in S.6, General Clauses Act, 1897 protected the judgment and decree against any amendment. Hon'ble Mr. Justice Nazar Akbar
16 2016 YLR 1118 Cr.Bail 806/2015 (S.B.) Sindh High Court, Circuit at Hyderabad 2015 Muhammad Ameen (Applicant) VS The State (Respondent) S.B. Order 30-SEP-15 Yes Criminal Procedure Code (V of 1898)---- ----S. 497---Penal Code (XLV of 1860), Ss. 365-B, 34 & 511---Kidnapping, abduction or inducing woman to compel for marriage and common intention----Bail, refusal of---Accused sought post-arrest bail on the ground that complainant had executed/sworn affidavit of "no objection" to the grant of bail in favour of accused---Complainant had named the accused in FIR and abductee was his real niece---Contention was that affidavit of "no objection" to the grant of bail had been sworn by the complainant amounted to exonerating of accused from the charge and it also amounted to retracting from the contents of FIR---Validity---Once the contents of FIR were shattered then the door would be open for all accused persons to take benefit of doubt at the trial or even at bail stage---Affidavit sworn by complainant in favour of accused at bail stage could not be considered as a case of free will and if it was so, it was the most shameful act of the complainant that he was ready to exonerate the accused in a crime of abduction of his real niece, knowingly---Accused was not pressing the bail application as the Court tried to dig out the real reasons for swearing affidavit in favour of accused by the complainant---Bail application was dismissed, in circumstances, as not pressed. Hon'ble Mr. Justice Nazar Akbar
17 2016 YLR 1108 Civil Revision 38/2003 (S.B.) Sindh High Court, Circuit at Hyderabad 2003 Anwar Hussain (Applicant) VS Rafiuddin & Ors (Respondent) S.B. Judgement 10-SEP-15 Yes Specific Relief Act (I of 1877)--- ----S. 12---Suit for specific performance---Agreement to sell immovable property---Scope---Contention of plaintiff was that he was a bona fide purchaser of suit shop, since he had purchased the same after cancellation of agreement between defendants and the courts below had failed to appreciate that there was a penalty clause for defaulting party in case of failure to perform their part of agree-ment---Defendant's plea was that neither there was any stipulation in agreement that either party could seek cancellation of agreement on payment of penalty nor there was any justification for cancelling the agreement after having received the earnest money---Defendant also contended that his agreement with other defendants was coupled with the possession of suit shop and therefore his agreement was protected against any third party---Held, that plaintiff had failed to produce any evidence that at the time of purchase of suit shop he had made any effort to check the status of agreement between defendants---Defendant conceded in his evidence that he had purchased three shops and even there was no separate agreement of purchase of another shop after alleged cancellation of agreement of sale between defendants rather it was only interpolation in agreement of sale between plaintiff and sub-attorney of defendants that Shop No. 3 was changed to Shop No. 6 in said agreement with a view to obtain separate portion of building which was in fact in two parts---Plaintiff admitted that he was next door neighbour as he was already in possession of suit property but at no point of time defendant was contacted by plaintiff to confirm that agreement of sale with him was cancelled by defendants----Plaintiff had failed to establish his bona fide and in such circumstances, no case was made out for interference in concurrent findings of courts below---Revision was dismissed, accordingly. Hon'ble Mr. Justice Nazar Akbar
18 2015 CLC 1306 Const. P. 1150/2014 (S.B.) Sindh High Court, Karachi 2014 MEHMOOD ALI (Petitioner) VS MST. SAIMA KANWAL & ANOTHER (Respondent) S.B. Order 24-APR-15 Yes (a) West Pakistan Family Courts Act (XXXV of 1964)--- ----Ss. 10, 12, 14(2)(b) & 17---Constitution of Pakistan, Art.199---Constitutional petition---Maintainability---Suit for dissolution of marriage and recovery of dower---Appeal---Limitation---Condonation of delay---Pre-trial proceedings---Scope---Payment of dower amount---Stage of determination---Powers of Family Court---Scope---Petitioner/ wife filed suit against respondent/husband, in which Family Court, on failure of reconciliation in pre-trial stage, while granting Khula, also settled issue of payment of dower on oath taken by the wife that she had not received dower amount---Husband challenged order of Family Court to the extent of settlement as to payment of dower amount contending that the Court had no jurisdiction to settle the issue regarding payment of dower amount in pre-trial proceedings---Wife challenged maintainability of constitutional petition contending that dower amount settled between parties was rupees fifty thousand and after settlement of issue of dower amount by Family Court, the order regarding dower amount was to be challenged through appeal in terms of S.14(2)(b) of West Pakistan Family Courts Act, 1964---Validity---Powers of Family Court in terms of Ss.10(2) & 10(3) read with S.17 of West Pakistan Family Courts Act, 1964 were not limited to any particular stage of proceedings for settlement of any "ascertained issue" between the parties---Mere use of word "pre-trial" would not mean trial had not started---Court had jurisdiction to decide the issue of dower amount at pre-trial stage---Dower amount was admittedly rupees fifty thousand and husband in his written statement had specifically stated to have the same paid to the wife in shape of ornaments and claimed the same to be in her possession---Order as to dower amount was appealable in terms of S.14(2)(b) of West Pakistan Family Courts Act, 1964---Husband had challenged the impugned order through constitutional petition under bona fide belief that the order passed in pre-trial was in nature of preliminary decree and the same was not appealable---Constitutional petition had been filed within a period in which husband could have assailed the impugned order through appeal---Husband in approaching court through constitutional jurisdiction could not be termed mala fide---Court in such like situation, could convert petition into appeal or revision, or appeal into petition, subject to limitation---Constitutional petition was not maintainable---Husband was allowed to file appeal within fifteen days and time consumed in constitutional proceedings was condoned---Constitutional petition was disposed off accordingly. Hon'ble Mr. Justice Nazar Akbar
19 2016 MLD 916 Civil Revision 33/2007 (S.B.) Sindh High Court, Circuit at Hyderabad 2007 Muhammad Younus (Applicant) VS TMA Mirpurkhas and others (Respondent) S.B. Judgement 07-OCT-15 Yes (a) Specific Relief Act (I of 1877) --- ----S. 8---Suit for recovery of specific immovable property---Locus Standi---Scope---Plaintiff filed suit without obtaining any succession certificate to show that he was entitled to inherit the suit plot along with other legal heirs of the deceased---Plaintiff without disclosing legal heirs of deceased had no right/locus standi to sue defendants in his own right. (b) Specific Relief Act (I of 1877) --- ----S. 8---Civil Procedure Code (V of 1908), O.XXI, R.1(3) ---Suit for recovery of specific immovable property---Scope---Plaintiff had same cause of action which had accrued to his father even prior to formal purchase of suit plot---Cause of action of plaintiff as mentioned in plaint was one and the same that "octroi post was available on suit plot and his father had sought recovery of possession of that portion from Municipal Committee and Municipal Committee had promised to settle the issue, therefore, suit was withdrawn by plaintiff's father"---Same cause of action had been shown by plaintiff in capacity of son of earlier plaintiff by saying that octroi post was on suit plot and Municipal Committee had refused to vacate the same---Held, that merely because a sale deed was registered subsequently, cause of action could not be said to have accrued subsequently---Plaintiff had failed to even disclose the date of withdrawal of said suit---Plea of fresh cause of action on ground of registration of sale deed subsequent to filing of earlier suit had lost its value---Revision petition was dismissed, accordingly. Hon'ble Mr. Justice Nazar Akbar
20 2017 YLR 1365 R.A (Civil Revision) 214/1991 (S.B.) Sindh High Court, Karachi 1991 Ameer Ahmed (Applicant) VS Z.A. Khan (Respondent) S.B. Judgement 05-MAY-16 Yes Specific Relief Act (I of 1877)--- ----S. 12----Constitution of Pakistan, Arts. 23 & 24---Suit for specific performance of agreement---Proof---Inordinate delay of 40/45 years in disposal of the suit---Effect---Provision as to/ protection of property---Plaintiff was tenant of the suit/evacuee property prior to transfer of the title/ownership of the property to the defendant, and after the property had been officially transferred to the defendant, the plaintiff had become a statutory tenant, for which reason the defendant had initiated eviction proceedings during pendency of the present suit, in which the Rent Controller had passed an eviction order and the appeal filed against the same had been dismissed---Both courts below, having elaborately discussed the material evidence, had found that the plaintiff in view of his own admitted documents had failed to prove execution of the agreement of sale---Statement of the marginal witness had been belied during recording of the evidence---Plaintiff had perpetuated his possession over the suit property during about 45 years of litigation---Plaintiff, who was mere occupant without any legal character, thus, had defeated the rights/entitlement of the defendant granted under Arts. 23 & 24 of the Constitution in the name of the litigation---Plaintiff and his sub-tenant had continued to be in possession of the suit property under the cover of the interim orders passed by the courts---In view of facts and circumstances of the case, there was no misreading and non-reading of the evidence or lack of any proper reasoning for dismissal of the suit and appeal---Plaintiff and other occupants of the suit property who had no legal character/entitlement over the suit property for 40 years could not have been allowed to retain possession of same even for one day---Final eviction orders against the plaintiff were also in field, the execution of which had been stayed in the proceedings of present petition---Defendant had lost track of the case only on account of inordinate delay and conduct of his counsel---High Court dismissed revision for perpetuating plaintiffs' possession over the suit property for over 40 to 45 years through frivolous litigation before the Settlement authorities, through civil suit and also on account of realizing rent during the litigation---High Court directed that suit property be taken over by Nazir of the Court (as the defendant was not present before the High Court) and rented out and also directed to locate the defendant or his legal heirs---High Court observed that not only the counsel of the parties but the Court had also contributed in the inordinate delay in disposal of the suit---Revision petition was dismissed with cost of Rs.3,00,000 in circumstances. Hon'ble Mr. Justice Nazar Akbar
21 Const. P. 438/2016 (D.B.) Sindh High Court, Circuit at Larkana 2016 Imran Badar (Petitioner) VS PO Sindh and others (Respondent) D.B. Judgement 21-JUN-16 Yes Hon'ble Mr. Justice Aftab Ahmed Gorar, Hon'ble Mr. Justice Nazar Akbar C.A.142-K/2016 Province of Sindh thr. Chief Secy: and others v. Imran Badar,C.P.582-K/2016 Province of Sindh thr. Chief Secy: and others v. Imran Badar Before Supreme Court of Pakistan Disposed ,Disposed Converted into Appeal and Allowed
22 2018 PLD 126 S.M.A 223/2017 (S.B.) Sindh High Court, Karachi 2017 Mrs. Najma Sultan (Petitioner) VS Party-2 (Defendant) S.B. Judgement 13-SEP-17 Yes Succession Act (XXXIX of 1925)-- ----Ss. 278 & 372---Civil Procedure Code (V of 1908), O.XXXIX, Rr.1 & 2---Succession certificate---Interim injunction, grant of---Bank account not belonging to deceased---Legal heirs of deceased filed application to restrain account holder from the operation of Bank account in question which was neither in the name of deceased nor the account holders were amongst legal heirs of the deceased---Validity---Inclusion of names of holders of account in succession petition was against the mandate of S. 372(1) of Succession Act, 1925---Bank account which was not operated by deceased could not be part of debts and securities of deceased---Court, in succession matters, was not supposed to declare that Bank account of a third party was an account of deceased without recording of evidence---Only the legal heirs of deceased could be made party in succession matters and that too if they had no dispute even inter se---Interim injunction was refused in circumstance. Hon'ble Mr. Justice Nazar Akbar
23 2019 CLC Note 65 Const. P. 1768/2016 (S.B.) Sindh High Court, Karachi 2016 Muhammad Muzammil (Petitioner) VS Khawaja Mukhtiar Ali & Others (Respondent) S.B. Judgement 20-NOV-18 Yes (a) Sindh Rented Premises Ordinance (XVII of 1979)--- ----S. 15---Civil Procedure Code (V of 1908), S. 12(2)---Eviction petition---Tenant claiming adverse title---Abuse of process of court---Scope---Eviction petition filed by landlord was allowed and the said order was maintained up to High Court---Tenant, in execution proceedings, filed an application under S. 12(2), C.P.C. wherein he claimed that the attorney of landlord had sold out the demised premises to him---Application under S. 12(2), C.P.C. was concurrently dismissed by executing court and appellate court---Validity---Landlord had never informed the tenant about his intentions to sale the demised premises---Tenant, before entering into sale purchase of the demised premises with the attorney, should have insisted upon withdrawal of execution petition filed against him---Tenant could not defeat the order of Rent Controller by claiming title adverse to the title of landlord who had put him in possession of demised premises as tenant---Petition was dismissed and Rent Controller was directed by the High Court to issue writ of possession of the demised premises within 15 days. [Paras. 7 & 9 of the judgment] Muhammad Nisar v. Izhar Ahmed Shaikh and others PLD 2014 SC 347 rel. (b) Sindh Rented Premises Ordinance (XVII of 1979)--- ----S. 15---Eviction petition---Adverse title, claim of---Scope---Tenant cannot defeat the order of Rent Controller by claiming title adverse to the title of landlord who has put him in possession of demised premises as tenant. [Para. 7 of the judgment] Hon'ble Mr. Justice Nazar Akbar(Author) C.P.239-K/2019 Muhammad Muzamal v. Kh. Mukhtiar Ali and others Before Supreme Court of Pakistan Disposed Disposed of
24 2019 CLC 7 Suit 88/2013 (S.B.) Sindh High Court, Karachi 2013 SOHAIL AHMED RANA (Plaintiff) VS MUNIR AHMED RANA (Defendant) S.B. Order 12-MAR-18 Yes Civil Procedure Code (V of 1908)--- ----O. XXI, R. 10, O. III, R. 4(3) & O. XX, R. 13---Administration suit--- Compromise decree--- Execution of decree by Nazir of the Court---Recognized agent--- Requirements--- Decree-holder did not file execution petition but decree was satisfied by Nazir of the Court and report was submitted before the Court---Validity---Application for satisfaction of decree was filed before Nazir of the Court by the counsel who was not authorized by the decree-holder---Power of attorney should have been obtained from the decree-holder and application should have been filed for satisfaction of decree through Nazir after satisfying the Executing Court as to why judgment-debtor had failed to satisfy the compromise decree--- Executing Court was to apprise of the circumstances in which judgment-debtor i.e. plaintiff's real brothers and sisters had failed to fulfil their promise when they were living with the plaintiff---Nazir had acted without jurisdiction and on the willful and mala fide persuasion of counsel; had unlawfully executed sale-deed of suit property which was liable to be cancelled and declared as unlawful and was not supposed to act as judicial officer/presiding Judge of Executing Court to entertain application for satisfaction of decree and satisfy the same and at his own send a report to the Court for order of satisfaction of decree in the disposed of suit---If anything was lawful but it had been done unlawfully then it would become unlawful---Illegality committed by Nazir could not be allowed to perpetuate rather it was the duty of the Court to direct him to reverse the consequence of illegalities committed by him as an officer of the court---Decree-holder was issued show-cause notice as to why sale-deed executed by Nazir of the Court without lawful authority should not be cancelled---Nazir was directed to collect original registered sale-deed executed by him from the plaintiff and no further transaction was to be allowed to the plaintiff---Additional Registrar (O.S) was directed to hold inquiry with regard to execution of sale deeds by the Nazir on the basis of compromise decrees from January 2014 till date in the cases in which present counsel had obtained compromise decrees and without filing an execution petition same were satisfied by the Nazir. Hon'ble Mr. Justice Nazar Akbar(Author)
25 Const. P. 76/2013 (D.B.) Sindh High Court, Circuit at Larkana 2013 Naveed Khan Domki (Petitioner) VS Director Health Hyderababad and others (Respondent) D.B. Judgement 24-FEB-17 Yes Petitioner was appointed as Laboratory Technician (BPS-09) in Health Department as Medical Technician for 90 days w.e.f. 18.2.1997. The period of his contract was repeatedly extended on expiry of 90 days time and since 1997 he has been working in same capacity without being regularized despite the fact that he was entitled for regularization in terms of the Sindh (Regularization of Adhoc and Contract Employees) Act, 2013. The petitioner is declared to be regularized in service with effect from 1997.Petition is allowed. Hon'ble Mr. Justice Nazar Akbar, Hon'ble Mr. Justice Muhammad Saleem Jessar
26 First Appeal Against Order 60/2014 (D.B.) Sindh High Court, Karachi 2014 Arif Oasman (Appellant) VS Habib Bnk Limited (Respondent) D.B. Judgement 26-APR-17 Yes Hon'ble Chief Justice Mr. Justice Aqeel Ahmed Abbasi, Hon'ble Mr. Justice Nazar Akbar
27 Spl.Cr.A.T.A. 19/2013 (D.B.) Sindh High Court, Karachi 2013 Nawab Siraj Ali S/o Imdad Ali Talpur (Appellant) VS The State (Respondent) D.B. Judgement 13-MAY-19 Yes Judgment in murder case of Shahzaib Hon'ble Mr. Justice Muhammad Ali Mazhar(Author), Hon'ble Mr. Justice Nazar Akbar Crl.P.2-K/2018,Crl.A.3-K/2018,Crl.P.724/2019,Crl.A.400/2019 SCP Disposed ,Disposed Disposed of+ directions,Disposed Leave Granted,Disposed Allowed
28 2019 CLC 687 Const. P. 1216/2018 (S.B.) Sindh High Court, Karachi 2018 Mst. Farzana Javed (Petitioner) VS Mst. Nighat Sultana & others (Respondent) S.B. Judgement 18-JUL-18 Yes (a) Sindh Rented Premises Ordinance (XVII of 1979)--- ----S.15---Eviction petition---Default in payment of rent---Personal bona fide need of landlady---Scope---Trial Court dismissed the petition holding that landlady had failed to prove her personal need of the rented premises---Trial Court did not decide the issue of default on the ground that it was not agitated by her counsel at the time of final arguments---Appellate Court allowed the appeal and directed the tenant to vacate the rented premises---Validity---Held; it could not be believed that the counsel who filed case for default then filed an application for tentative rent order and after obtaining certified copies of ledger of Nazir filed an application for striking off defense, had failed to agitate ground of default in final arguments---Trial Court was entrusted with the duty of doing justice between the parties, to decide each issue between them in accordance with law on merit on the basis of record and evidence irrespective of arguments by the counsel---In presence of record/evidence, unless the question of default was dropped in writing, Trial Court was not supposed to leave a crucial issue between the parties undecided merely for want of arguments---Findings of Trial Court on the issue of personal bona fide need of landlady were equally perverse and contrary to the record and evidence---Tenant neither in her written statement nor in her affidavit-in-evidence had alleged that two flats of the landlady were lying vacant in the same building, but the Trial Court had relied on such purported statement of tenant---High Court, while maintaining the order of Appellate Court, dismissed the constitutional petition with costs. (b) Sindh Rented Premises Ordinance (XVII of 1979)--- ----S.15---Eviction petition---Personal bona fide need of landlady---Choice of landlord---Even if more than one premises were available with the landlord and he/she chose to occupy for personal need a particular one, the tenant had no right to challenge such choice of the landlord. (c) Sindh Rented Premises Ordinance (XVII of 1979)--- ----S.16---Defense, striking off---Scope---Striking off defense in the case was not a mere technicality---Refusal to strike off defense amounted to denying statutory right accrued to the landlord---Use of word "shall" in S. 16(2) of Sindh Rented Premises Ordinance, 1979 left no room for the Rent Controller to form even 'a humble opinion' to deny a statutory right accrued to landlord. Hon'ble Mr. Justice Nazar Akbar
29 Cr.Appeal 441/2005 (S.B.) Sindh High Court, Karachi 2005 Haji Javed Ahmed Jatoi (Appellant) VS The State (Respondent) S.B. Judgement 16-MAY-16 Yes Hon'ble Mr. Justice Nazar Akbar(Author)
30 2020 CLC Note 33 II.A. 118/2013 (S.B.) Sindh High Court, Karachi 2013 M/S INTERFLEW COMMUNICATION PVT (Appellant) VS AAMIR ALI S/O BAKHSH ALI (Respondent) S.B. Judgement 20-FEB-20 Yes Civil Procedure Code (V of 1908)--- ----O. VII, R. 2 & S. 100---Money suit---Second appeal---Limitation---Court fee fixed after period of limitation---Effect---Defendant did not appear for cross-examination and his affidavit-in-evidence was discarded and suit was decreed---Validity---Defendant had not produced any witness to discharge his burden---Courts below had decreed the suit on the basis of unimpeachable evidence of plaintiff---No mis-reading or non-reading of evidence had been pointed out in the impugned judgments and decrees passed by the Courts below---Defendant had paid court fee after one year and nine months of filing of present appeal, which was time barred---Defendant was guilty of contumacy and had no respect to the authority of law---Valuable right of limitation having accrued in favour of plaintiff, second appeal was dismissed. Hassan Bakhsh and others v. Syed Afzal Shah and others 1974 SCMR 364; Allah Yar v. Muhammad Riaz and others PLD 1981 SC 489 and Assistant Commissioner and Land Acquisition Collector, Badin v. Haji Abdul Shakoor and others 1997 SCMR 919 rel. Hon'ble Mr. Justice Nazar Akbar(Author)
31 2020 CLC 1670 M.A. 41/2019 (S.B.) Sindh High Court, Karachi 2019 Roshan Ara and others Thr. Yasir Ali Palijo (Appellant) VS Abdul Karim and others (Respondent) S.B. Judgement 03-MAR-20 Yes Succession Act (XXXIX of 1925) --- ----Ss. 372, 373 & 295---Qanun-e-Shahadat (10 of 1984), Arts. 85 & 128---Specific Relief Act (I of 1877), S. 42---Succession certificate, issuance of---Public document---Presumption of truth---Legitimacy of a child---Proof---DNA test, conducting of---Respondents being sisters of deceased filed application for conducting DNA test of minor son of deceased with the contention that he was adopted son and was not entitled for inheritance---Petition for conducting DNA test and objections were dismissed and succession certificate was issued in favour of petitioners---Validity---Documents produced on behalf of petitioners were official which had not been disputed by the respondents---Respondents should have sought declaration and cancellation of said documents before raising objections to the legal status of minor after death of his mother---Legitimacy of a child or his status as son of deceased could not be disproved by any oral evidence as against documentary evidence from official record which was a public document---Civil Court in presence of documentary evidence could not hold that the child was not born from the marriage of the parties---Father, in the present case, had not challenged that deceased was not mother of the minor son---Respondents had failed to challenge or rebut the evidence of official record of National Database and Registration Authority and other evidence before the Trial Court---DNA test could not be a sole proof of paternity of a child---Trial Court had rightly refused request of respondents for conducting DNA test, in circumstances---Respondents had made a frivolous challenge to the paternity of a child to deprive him from inheritances---Appeal was dismissed in, circumstances. 2012 YLR 1752 distinguished. Mst. Laila Qayyum v. Fawad Qayum and others PLD 2019 SC 449; Salman Akram Raja v. Government of Punjab 2013 SCMR 203 and Ghazala Tehsin Zohra v. Ghulam Dastagir Khan PLD 2015 SC 327 rel. Hon'ble Mr. Justice Nazar Akbar(Author)
32 Const. P. 1264/2020 (D.B.) Sindh High Court, Circuit at Hyderabad 2020 Sht. Santoshi and another (Petitioner) VS Province Of Sindh and Others (Respondent) D.B. Order 12-JAN-21 Yes Hon'ble Mr. Justice Nazar Akbar(Author)
33 F.R.A 27/2019 (S.B.) Sindh High Court, Karachi 2019 Syed Ali Zahir Hashmi Thr. Syed Sadiq (Appellant) VS Tahmina Hamza Dhamee (Respondent) S.B. Judgement 15-JAN-20 Yes Hon'ble Mr. Justice Nazar Akbar(Author)
34 Cr.Acq.A. 51/2020 (D.B.) Sindh High Court, Circuit at Hyderabad 2020 GHULAM SARWAR (Appellant) VS SAIN BUX & OTHERS (Respondent) D.B. Judgement 12-JAN-21 Yes Hon'ble Mr. Justice Nazar Akbar(Author), Hon'ble Mr. Justice Khadim Hussain Tunio(Author)
35 Cr.Acq.A. 49/2020 (D.B.) Sindh High Court, Circuit at Hyderabad 2020 MIHAMMAD ALI (Appellant) VS ALI MUHAMMAD SHAH & OTHERS (Respondent) D.B. Order 13-JAN-21 Yes Hon'ble Mr. Justice Nazar Akbar(Author), Hon'ble Mr. Justice Khadim Hussain Tunio(Author)
36 Const. P. 3812/2020 (D.B.) Sindh High Court, Karachi 2020 Mst. Hajra (Petitioner) VS Province of Sindh and Others (Respondent) D.B. Order 26-AUG-20 Yes In view of the above facts and circumstances, SSP Operation is directed to hold an inquiry against the complainant and witnesses of arrest of the missing person on 21.8.2020 before registering FIR No.560/2020 and take stern action against the police personnel responsible for adding to the agony of the family of missing person on his release by the agencies Hon'ble Mr. Justice Nazar Akbar(Author), Hon'ble Mr. Justice Abdul Mobeen Lakho
37 Const. P. 2186/2021 (D.B.) Sindh High Court, Karachi 2021 Zabardast Khan Mehar (Petitioner) VS Fed. of Pakistan and Others (Respondent) D.B. Order 05-APR-21 Yes NAB Petition for Reduction of Surety Amount Hon'ble Mr. Justice Nazar Akbar(Author), Hon'ble Mr. Justice Muhammad Faisal Kamal Alam C.P.4267/2021 Zabardast Khan Mahar v. Federation of Pakistan thr. Chairman NAB,Islamabad and another Before Supreme Court of Pakistan Disposed Dismissed as Not Pressed
38 Spl.Anti.Ter.A. 20/2020 (D.B.) Sindh High Court, Karachi 2020 SYED AHMED SULAIMAN @ SP S/O SYED ABDUL HAFEEZ (Appellant) VS THE STATE (Respondent) D.B. Judgement 14-DEC-20 Yes Hon'ble Mr. Justice Nazar Akbar, Hon'ble Mr. Justice Zulfiqar Ahmad Khan(Author)
39 Spl.Anti.Ter.A. 101/2020 (D.B.) Sindh High Court, Karachi 2020 SYED ZAINUDDIN S/O SYED HAZRAT ALI (Appellant) VS THE STATE (Respondent) D.B. Judgement 16-DEC-20 Yes Hon'ble Mr. Justice Nazar Akbar, Hon'ble Mr. Justice Zulfiqar Ahmad Khan(Author)
40 Criminal Appeal 228/2018 (D.B.) Sindh High Court, Karachi 2018 SHEERAZ ALI S/O FAYYAZ ALI (Appellant) VS THE STATE (Respondent) D.B. Judgement 07-JUN-21 Yes Hon'ble Mr. Justice Nazar Akbar, Hon'ble Mr. Justice Zulfiqar Ahmad Khan(Author)
41 Spl.Anti.Ter.A. 286/2019 (D.B.) Sindh High Court, Karachi 2019 HASSAN S/O HAROON (Appellant) VS THE STATE (Respondent) D.B. Judgement 11-DEC-20 Yes Hon'ble Mr. Justice Nazar Akbar, Hon'ble Mr. Justice Zulfiqar Ahmad Khan(Author)
42 Spl.Anti.Ter.A. 185/2019 (D.B.) Sindh High Court, Karachi 2019 NAVEED @ NEK S/O AMEER KHAN (Appellant) VS THE STATE (Respondent) D.B. Judgement 24-NOV-20 Yes Hon'ble Mr. Justice Nazar Akbar, Hon'ble Mr. Justice Zulfiqar Ahmad Khan(Author)
43 Spl.Anti.Ter.J.A. 259/2019 (D.B.) Sindh High Court, Karachi 2019 IRFAN @ ELFI S/O IBRAR (Appellant) VS THE STATE (Respondent) D.B. Judgement 24-NOV-20 Yes Hon'ble Mr. Justice Nazar Akbar, Hon'ble Mr. Justice Zulfiqar Ahmad Khan(Author)
44 Spl.Anti.Ter.J.A. 115/2018 (D.B.) Sindh High Court, Karachi 2018 RAJAB ALI @ NADEEM S/O MUHBAT ALI (Appellant) VS THE STATE (Respondent) D.B. Judgement 03-DEC-20 Yes Hon'ble Mr. Justice Nazar Akbar, Hon'ble Mr. Justice Zulfiqar Ahmad Khan(Author)
45 Spl.Anti.Ter.A. 98/2020 (D.B.) Sindh High Court, Karachi 2020 SYED AHMED ALI GARDEZI (Appellant) VS THE STATE & ANOTHER (Respondent) D.B. Judgement 02-DEC-20 Yes Hon'ble Mr. Justice Nazar Akbar, Hon'ble Mr. Justice Zulfiqar Ahmad Khan(Author)
46 Spl.Anti.Ter.A. 305/2019 (D.B.) Sindh High Court, Karachi 2019 UBAID ALI @ LANGRA S/O HANIF MUHAMMAD (Appellant) VS THE STATE (Respondent) D.B. Judgement 26-NOV-20 Yes Hon'ble Mr. Justice Nazar Akbar, Hon'ble Mr. Justice Zulfiqar Ahmad Khan(Author)
47 2016 MLD 931 Suit 1405/1998 (S.B.) Sindh High Court, Karachi 1998 RAFAT MALIK JAMAL (Appellant) VS MUNAWAR MALIK JAMAL & ORS (Defendant) S.B. Order 23-NOV-15 Yes (a) Civil Procedure Code (V of 1908)--- ----Ss. 114, 151, O. XLVII, R. 1 & O. XXVI----Review---Scope---Provisions of review of order under S. 114 or O. XLVII, R. 1, C.P.C. and provisions of S. 151, C.P.C., for correction of clerical or arithmetical mistakes in the order, could be invoked simultaneously---Appointment of Commission by Court to examine witnesses---High Court accepted application of interveners; whereas, Division Bench of High Court modified the said order of acceptance, remanded the case to decide issue as to legal status of the interveners within six months, for which Commission had been appointed---Applicant filed application for review of said order of appointment of Commission---Validity---Applicant was not sure as to whether the order sought to be reviewed contained typographical errors, or the same was result of overlooking certain facts on record, nor had he showed as to what prejudice had been caused to him, for which review was necessitated---Failure of applicant to record evidence on pretext of pendency of review application was calculated move to delay decision on merit---Application was dismissed with cost in circumstances. (b) Civil Procedure Code (V of 1908)--- ----O. XIV, R. 5----Settlement of issues---Power to amend, and strike out, issues---Scope and object---Issues can be resettled even after recording of evidence and just before final order, either suo moto by court in terms of O. XIV, R. 5, C.P.C. or on request of parties---Purpose of said provision is to ensure that recording of evidence of parties should not be postponed. Hon'ble Mr. Justice Nazar Akbar
48 2015 SBLR 891, 2015 MLD 1525 I. A 61/2010 (S.B.) Sindh High Court, Circuit at Hyderabad 2010 Province of Sindh & another (Applicant) VS Jan Muhammad & Ors (Respondent) S.B. Order 17-SEP-14 Yes Land Acquisition Act (I of 1894)--- ----S. 18---Civil Procedure Code (V of 1908), O. XXVI, R. 9---Land acquisition---Reference to court---Appeal---Local commission, appointment of---Jurisdiction of High Court---Scope---High Court had no jurisdiction to entertain an application for appointment of commission for verification of land under Land Acquisition Act, 1894---Reference Court while exercising power under Section 18 of Land Acquisition Act, 1894 had been equated with an Executing Court and said court was not authorized to go behind the reference---Court hearing an appeal against the order of an Executing Court (Reference Court) could not go behind the decree (Reference) and enter into a dispute which should have been raised and decided before the final determination of compensation by the Collector---Application for appointment of local commission was dismissed in circumstances. Hon'ble Mr. Justice Nazar Akbar C.P.592-K/2017 Federation of Pakistan through Military Estate Officer, Hyderabad v. Jan Muhammad & others Before Supreme Court of Pakistan Disposed Dismissed
49 2014 PLD 386 Const. P. 745/2013 (S.B.) Sindh High Court, Karachi 2013 Mst Ghulzadi (Petitioner) VS Govvernement of sindh & others (Respondent) S.B. Order 27-MAY-14 Yes (a) Criminal Procedure Code (V of 1898)--- ----S. 491---Constitution of Pakistan, Art.199---Illegal custody of minors---Constitutional petition filed before the High Court treated as a habeas corpus petition under S.491, Cr.P.C.---Scope---High Court had jurisdiction to entertain a constitutional petition as a petition under S.491, Cr.P.C.---However, in every case while exercising such powers the court was under judicial obligation to examine the facts of the case before issuing direction to police for production of minors. (b) Criminal Procedure Code (V of 1898)--- ----S. 491---Constitution of Pakistan, Art. 199---Constitutional petition---Custody of minors with father/husband---Whether illegal custody---Wife deserting her husband of her own choice---Effect---Contention of wife/petitioner that her husband tortured her because of which she left him and took the children along; that subsequently her husband forcibly took away the children to his village and kept them in his illegal custody---Validity---Petitioner was wedded wife of the respondent-husband and she had not even filed any case for dissolution of marriage---Husband allegedly took away 4 children, out of which two were aged 11 years and 9 years respectively, meaning they were not of tender age---Wife had not filed any birth certificate to give exact date of birth of her children---Wife was duty bound to live with her husband at least as long as the marriage survived---Wife admittedly lived with her husband for 12 years before moving out---Wife had left/deserted her husband of her own choice, and now she could not deprive her husband to have access and even live with the children---Husband i.e. father of the children was responsible for their upbringing---Custody of children with their father could not be treated as legal in such circumstances---Wife could initiate proceeding in the Guardian Court for redressal of her grievance---Wife failed to show any exceptional/extraordinary circumstances for the High Court to exercise jurisdiction under S.491, Cr.P.C.---Constitutional petition was dismissed accordingly. Hon'ble Mr. Justice Nazar Akbar
50 2014 MLD 1304 F.R.A 17/2014 (S.B.) Sindh High Court, Karachi 2014 ASIF NAJAM ANSARI (Appellant) VS MRS. MARIAM MIRZA & ANOTHER (Respondent) S.B. Judgement 27-MAY-14 Yes Cantonments Rent Restriction Act (XI of 1963)--- ---S. 17 (9) & (8)---Ejectment petition---Tentative rent, fixation of---Non-deposit of arrears of rent---Effect---Contention of tenant was that arrears of rent was disputed and order of Rent Controller was wrong as he had allowed the landlord to withdraw the same---Validity---Tenant had failed to deposit arrears of rent within stipulated time given by the Rent Controller---Recording of evidence before passing of tentative rent order by Rent Controller was not possible as if evidence was recorded the tentative rent order would become final order---Tentative rent order which was passed without -recording of evidence was within the parameters of law---Tenant was in possession of demised premises and same would secure him against payment of rent---Rent should be ordered to be adjusted in future rent or refunded if no arrears of rent were found at the time of filing of case---Tenant should first have complied with the tentative rent order and then invoked the inherent jurisdiction of court to safeguard his interest---Excuses were trot acceptable to defy mandatory orders when such non-compliance would provide a statutory right in favour of other side---Court had no discretionary powers to deny statutory rights accrued to the other side on account of failure of a party to abide by such statutory orders---Tenant had committed default with regard to payment of tentative rent---Appeal was dismissed in limine. Safeer Travels (Pvt.) Ltd. v. Muhammad Khalid Shafi PLD 2007 SC 504 and Saeed Ahmed Khan v. Jamila Khanum 1999 CLC 852 ref. Hon'ble Mr. Justice Nazar Akbar
51 2015 CLC 468 Const. P. 337/2013 (S.B.) Sindh High Court, Circuit at Hyderabad 2013 Malak Zahoor-ul-Haq (Petitioner) VS 2nd Additional Judge, Sanghar & Others (Respondent) S.B. Order 26-SEP-14 Yes (a) Civil Procedure Code (V of 1908)--- ----S. 152--- Constitution of Pakistan, Art.199--- Constitutional petition---Correction in judgment--- Scope--- Ejectment order correction of---Reasonable period---Scope---Appellate Court while maintaining the judgment of Rent Controller directed the tenant to vacate the premises within a period of three months from the date of judgment but instead of "Three months" "three years" was typed in the judgment---Landlord moved an application for correction of mistake appearing in the judgment of Appellate Court which was accepted and correction was made as three "months" instead of "years"---Validity---Tenant could not satisfy as to how the Appellate Court could grant three years time to him while dismissing appeal which remained pending for almost two years and six months---If such was not a typographical mistake, same was against the fair play and equity which needed to be demonstrated by the court while exercising discretion available with the Rent Controller/Appellate Authority to grant a reasonable time for vacating the premises---If Appellate Authority were allowed to grant such unusual long period of time not by mistake but by conscious judicial mind to vacate the premises on dismissal of appeal of tenant then the effect of dismissal of appeal would be nullified---Rent Controller or Appellate Court could not specify an unreasonable period for vacating the premises to a tenant---Reasonable period could be few months keeping in view the circumstances of tenant and nature of tenement and any period beyond few months could only be granted by consent of the landlord---Period of three years was accidental slip or typographical error in the Appellate Court's order---Appellate Court had lawfully corrected the same and no right had accrued to the tenant---Tenant was directed to vacate the premises within specified period---Constitutional petition was dismissed in circumstances. Nizam-ud-Din v. Ch. Muhammad Saeed and others 1987 CLC 1682; Jehanzeb Aziz Dar v. Messrs Maersk Line and others PLD 2000 Kar. 258; Muhammad Yakoob v. Baqar and 2 others 1998 CLC 456; Khawaja Imran Ahmed v. Noor Ahmad and another 1992 SCMR 1152; Khawaja Muhammad Razzak v. Dr. Sultan Mehmood Ghori and another 2007 SCMR 1866 and Muhammad Iqbal v. Sultan Akbar and 2 others 1994 SCMR 16 ref. Nizam-ud-Din v. Ch. Muhammad Saeed and others 1987 CLC 1682; Jehanzeb Aziz Dar v. Messrs Maersk Line and others PLD 2000 Kar. 258; Muhammad Yakoob v. Baqar and 2 others 1998 CLC 456 and Khawaja Imran Ahmed v. Noor Ahmad and another 1992 SCMR 1152 distinguished. (b) Sindh Rented Premises Ordinance (XVII of 1979)--- ----Ss. 14 & 15---Ejectment of tenant---Time for giving vacant possession to landlord---Reasonable period---Scope. Hon'ble Mr. Justice Nazar Akbar C.P.347-K/2014 Malak Zahoor-ul-Haq through his Special Attorney Liaquat Ali Anjum v. Nasir Mehmood and others Before Supreme Court of Pakistan Disposed Dismissed as Barred by Time
52 I. A 1/2012 (S.B.) Sindh High Court, Karachi 2012 Khalid Siddiqui (Appellant) VS Muhammad Manzar Ansari (Respondent) S.B. Judgement 04-AUG-14 Yes Hon'ble Mr. Justice Nazar Akbar C.A.63-K/2014 M. Manzar Ansari v. Khalid Siddiqui Before Supreme Court of Pakistan Disposed Dismissed
53 2014 PCr.LJ 1093 Cr.Misc. 326/2012 (S.B.) Sindh High Court, Karachi 2012 Jamil Ahmed Butt & another (Applicant) VS The State & others (Respondent) S.B. Order 22-APR-14 Yes (a) Criminal Procedure Code (V of 1898)--- ----Ss. 22-A & 154---Justice of Peace, jurisdiction of---Misuse of provisions of S. 22-A, Cr.P.C.---Mala fide intention of complainant---Scope---Alleged offence took place at "District South" of the city---Complainant resided in "District Central" of the city, whereas he attempted to lodge the F.I.R. in a police station situated in "District East"---Admittedly complainant did not reside permanently within the jurisdiction of the said police station ["District East"], nor the alleged offence took place within its jurisdiction---Justice of Peace at "District East" in such circumstances did not have jurisdiction to entertain application filed by complainant under S. 22-A, Cr.P.C.---Fact that complainant had not taken the trouble of lodging the complaint within the jurisdiction of the police station where, according to the circumstances of the case, the case should have been registered, showed his mala fides and attempt to misuse provisions of S. 22-A, Cr.P.C.---Complainant attempted to register a false case against accused persons with mala fide intention---Impugned order of Justice of Peace was set aside in circumstances and proceedings started against the accused persons were quashed---Application was allowed accordingly. Imtiaz Ahmad Cheema v. SHO, Police Station Dharki, Ghotki 2010 YLR 189 rel. (b) Criminal Procedure Code (V of 1898)--- ----Ss. 22-A & 154---Justice of Peace, duty of---Directions to police for registration of F.I.R.---Misuse of provisions of S. 22-A, Cr.P.C.---Caution to be exercised by the Justice of Peace---Court was duty bound to take care of such misuse---Application under S. 22-A, Cr.P.C. should not be entertained lightly in a mechanical manner for direction to the police to register statement of complainant and start prosecuting the alleged accused persons---Such caution was even more necessary when the alleged offence was of a serious nature, which might create a law and order situation in the area. Hon'ble Mr. Justice Nazar Akbar
54 2014 PLD 344 Suit 684/2013 (S.B.) Sindh High Court, Karachi 2013 Mst.Hamra Ahsan. (Plaintiff) VS M/s. K.E.S.C. (Defendant) S.B. Order 07-MAR-14 Yes (a) Constitution of Pakistan--- ----Art. 9---Security of person---Electric supply---Basic necessity of life---Denial of electricity connection---Scope---Policy Manual of electric supply company (KESC) for dealing with its customers provided only a broad outline to be followed by staff in day to day affairs, the same should be interpreted to facilitate customers and not to use as a tool for delaying in providing a necessity of life---Common citizens could not be deprived of basic necessity of life even for one day on the pretext of strict compliance of policy manual---Denial of electric power to the citizens might amount to infringement of right to life guaranteed under Art. 9 of the Constitution---Electric supply company (KESC) was directed to install electric meter at the suit premises during pendency of suit. Hon'ble Mr. Justice Nazar Akbar
55 2015 CLD 243 J.M 48/2013 (S.B.) Sindh High Court, Karachi 2013 M/s.Pearl Fabrics Corporation & others (Applicant) VS M/s.KASB Bank Ltd., & another (Respondent) S.B. Judgement 22-OCT-14 Yes (a) Financial Institutions (Recovery of Finances) Ordinance (XLVI of 2001)--- ----S. 19(1), 19(2), 4 & 9---Civil Procedure Code (V of 1908), S. 12(2) & O.XXIII, Order XXI---Interpretation of S. 19 of the Financial Institutions (Recovery of Finances) Ordinance, 2001---Execution of decree---Power of Banking Court---Applicability of provisions of C.P.C. to execution of decrees under the Financial Institutions (Recovery of Finances) Ordinance, 2001---Scope---Execution of decree and sale of mortgaged property---Judgment-debtor sought setting aside of order of Banking Court whereby application for execution of decree was allowed to be withdrawn and permission for filing a fresh application was given to the decree holder bank---Contention of judgment-debtor was inter alia that impugned order violated O.XXIII, Rule 4, C.P.C.---Held, that the Banking Court derived its power for execution of its decree from S. 19(1) of the Financial Institutions (Recovery of Finances) Ordinance, 2001 and not from S. 19(2) of the Ordinance---Reference to provisions of the C.P.C. in said S. 19(2) of the Ordinance was for the purpose of adopting a "procedure" for execution of the Banking Court's decree---Procedure to be followed by a court and exercise of its authority were two different things---Powers conferred on an ordinary court under the C.P.C. were alien to the powers conferred on the Banking Court---Authority/power of Banking Court was not subservient to powers conferred on a Civil Court under provisions of the C.P.C.---Banking Courts, as a practice, allowed the plaintiff Financial Institution to file a formal execution application in terms of O.XXI, Rule 11 of the C.P.C. for sake convenience for satisfaction of decree passed by the Banking Court and merely accepting such an application under any provision of the C.P.C. did not mean that such proceedings were converted into execution of a decree in an ordinary suit and did not therefore entail that power conferred on Banking court under the Financial Institutions (Recovery of Finances) Ordinance, 2001 stood compromised or nullified---Subsections (1) and (2) of S. 19 of the Financial Institutions (Recovery of Finances) Ordinance, 2001 were to be read together---Any embargo in terms of O.XXIII, Rule 4, C.P.C. regarding applicability of provisions of O. XXIII, C.P.C. in the execution proceedings had no bearing on power of Banking Court in execution of a decree---Irrespective of fact that certain provisions of C.P.C. were mentioned in execution application of decree-holder Bank, Banking Court under S.19(1) of the Ordinance had power to allow decree-holder to withdraw earlier application and file a fresh one---Power of Banking Court in terms of S.19(1) of Financial Institutions (Recovery of Finances) Ordinance, 2001 was protected by section 4 of the Ordinance whereby provisions of the Financial Institutions (Recovery of Finances) Ordinance, 2001 had an overriding effect on provisions of C.P.C.---Application under S.12(2), C.P.C. was dismissed, in circumstances. (b) Interpretation of Statutes--- ----All provisions of a statute were to be read together and any particular provision of a statute was not to be considered in isolation unless and until there was a clear-cut conflict, which was irreconcilable. Hon'ble Mr. Justice Nazar Akbar
56 2014 YLR 1539 Suit 846/2010 (S.B.) Sindh High Court, Karachi 2010 MRS.PARVEEN AKHTAR (Plaintiff) VS LUCKNOW C.H.S.& ORS. (Defendant) S.B. Judgement 13-MAR-14 Yes Co-operative Societies Act (VII of 1925)--- ----Ss. 54 & 70---Civil Procedure Code (V of 1908), O. VII, R. 11 & S. 9---Specific Relief Act (I of 1877), S. 42---Suit for declaration---Rejection of plaint---Notice---Requirement---Cancellation of allotment---Scope---Contention of defendant was that plaintiffs were bound to send notice to the Registrar before filing suit against the society--- Validity--- Plaintiffs were members of society and byelaws of the society were binding on them---Allotment of plots was cancelled on the basis of scrutiny of file by the society---Plaintiffs were at issue with the society and dispute was of civil nature with regard to business of society---Society had allotted plots to the plaintiffs and had cancelled the same by acting on its byelaws---If allotment of plots to its members was the business of society then cancellation of said allotment on scrutiny of files of its members on findings that allotments were in violation of byelaws or any other relevant rules and regulation was also business of society---Dispute should be referred to the Registrar for its resolution being a mandatory requirement of S. 54 of Co-operative Societies Act, 1925---Registrar of Society was empowered to decide even complicated question of law and facts---Plaintiffs should have taken their dispute with the society to the Registrar and if they were not willing to avail arbitration for redressal of their grievance then they were bound to send notice to Registrar before filing suit against the Society---Plaintiffs had not sent any notice to the Registrar, Co-operative Societies that they were aggrieved by action of the society and they proposed to take the Society to the court---Ss. 54 & 70 of Co-operative Societies Act, 1925 had provided first a statutory remedy of arbitration to the aggrieved party and then to avail jurisdiction of civil court to try such dispute of civil nature---Courts were not supposed to assume the jurisdiction of competent forum available within the statute governing the issues and relations between the parties---Civil court could not try and adjudicate the dispute with regard to business of a society---Civil court could not usurp the power of statutory forum to take cognizance of such dispute of civil nature in presence of such statutory forum---Plaint was rejected in circumstances. Hon'ble Mr. Justice Nazar Akbar
57 2015 CLC 1154 Suit 2392/2014 (S.B.) Sindh High Court, Karachi 2014 Muhammad Muzammil Afzal Bhatti. (Plaintiff) VS Muhammad Shahab Saqib & Others. (Defendant) S.B. Order 02-FEB-15 Yes Civil Procedure Code (V of 1908)--- ----O. XXXIX, Rr. 1 & 2---Specific Relief Act (I of 1877), S.42---Suit for declaration---Application for temporary injunction---Defendants had specifically denied the execution of any agreement or Iqrarnama which could be decided after recording of evidence---Burden to establish by positive evidence that such agreement had been entered into by and between the parties was on the plaintiff---Plaintiff had chosen a civil forum for redressal of his grievance through suit against the defendants---Defendants could not be restrained from taking a lawful course for redressal of their grievance---Civil and criminal proceedings were independent from each other---Criminal court could not defeat the plaintiff's right to pursue a civil remedy against the complainant---Plaintiff by filing a suit could not restrain the defendants from lodging the FIR if case was made out---Nobody was supposed to file/lodge a false case against anybody and if he had made the same then victim would be entitled to avail a remedy in criminal court for prosecuting the complainant---Plaintiff had no case to restrain the defendants from taking a legal course for redressal of their grievance---Application for grant of temporary injunction was dismissed in circumstances. Hon'ble Mr. Justice Nazar Akbar
58 2015 CLC 1116 Suit 828/2009 (S.B.) Sindh High Court, Karachi 2009 RAJA REHMAT KHAN (Plaintiff) VS MUHAMMAD AAMIR TASTEE & OGTHERS (Defendant) S.B. Judgement 12-JAN-15 Yes Civil Procedure Code (V of 1908)--- ----O. I, R.10---Specific Relief Act (I of 1877), S.9---Suit for possession of immovable property owned by government and leased to private persons---Impleadment of Government as a party---Scope---Government could not be impleaded as a party in a suit for possession filed under S.9 of Specific Relief Act, 1877---Application for impleadment of party was dismissed in circumstances. Hon'ble Mr. Justice Nazar Akbar
59 2015 PLD 420 J.M 61/2013 (S.B.) Sindh High Court, Karachi 2013 SALEEM A. SATTAR & ANOTHER (Petitioner) VS M/S. ALPHA INSURANCE COMPANY LTD & OTHERS (Respondent) S.B. Judgement 03-FEB-15 Yes Trusts Act (II of 1882)--- ----S. 34---Civil Procedure Code (V of 1908), S.2(4)---General Clauses Act (X of 1897), S.3(15)---Right to apply to court for opinion in management of trust property---Principal Civil Court of original Jurisdiction---Status---Petition under S.34 of the Trust Act, 1882 for reconstruction of trust deed---Question before the High Court was whether the Sindh High Court was the Principal Civil Court of Original Jurisdiction for purposes of S.34 of the Trust Act, 1882---Held, that distinguishing feature to hold the Sindh High Court as Principal Civil Court of Original Jurisdiction in Karachi and not a District Court was that except various districts in Karachi, the pecuniary jurisdiction of all district courts in Sindh or for that matter all over Pakistan was unlimited pecuniary jurisdiction and since the pecuniary jurisdiction of various district courts in Karachi was limited, therefore statuts of Principal Civil Court of Original Jurisdiction could not be conferred on the District Court---High Court's jurisdiction in civil cases was therefore simply a District Court jurisdiction exercised by the High Court---Petition in terms of S.34 of the Trust Act, 1882 was, therefore, maintainable and was allowed, in circumstances. Hon'ble Mr. Justice Nazar Akbar
60 2015 YLR 124 Const. P. 125/2013 (S.B.) Sindh High Court, Karachi 2013 Syed Ali Athar (Petitioner) VS Mst.Shahida Fatima & ors (Respondent) S.B. Judgement 12-JUN-14 Yes Sindh Rented Premises Ordinance (XVII of 1979)--- ----S. 15---Civil Procedure Code (V of 1908), S. 12(2)---Constitution of Pakistan, Art. 199---Constitutional petition---Eviction order, setting aside of---Misrepresentation and fraud---Ingredients--Scope of S.12(2), C.P.C.---Applicant had failed to point out any fraud or misrepresentation to the court in obtaining the ejectment order---None of the ingredients of fraud and misrepresentation were mentioned in the application---Provisions of S. 12 (2), C.P.C. could not be extended to include the claim of ownership by the aggrieved party while challenging judicial orders passed by competent court---Remedy to the applicant was a civil suit to claim his title on the property and not the provisions of S.12(2), C.P.C. which had a limited scope of examining the validity of a judgment/ decree on the plea of lack of jurisdiction, fraud and misrepresentation---Applicant had not alleged any fraud against the respondent in obtaining the orders rather the facts were otherwise---Applicant had failed to point out any mis-reading and non-reading of evidence while in passing the impugned order---No jurisdictional defect was found in the impugned order---Constitutional petition was dismissed in circumstances. Hon'ble Mr. Justice Nazar Akbar
61 2017 MLD 1878 Civil Revision 50/1998 (S.B.) Sindh High Court, Circuit at Hyderabad 1998 Gul (Applicant) VS Jumo & others (Respondent) S.B. Judgement 07-OCT-15 Yes (a) Specific Relief Act (I of 1877)---- ----Ss. 42 & 52----Limitation Act (IX of 1908), Art. 14---Civil Procedure Code (V of 1908), O. XLI, R. 30 & S. 96---Suit for declaration and permanent injunction---Maintainability and limitation---Determination---Appeal from original decree---Judgment in appeal---Plaintiffs filed present suit claiming that suit land originally belonged to their grandfather and they, being one of the legal heirs, were entitled to be declared as owners of suit land to the extent of their shares and to get their name entered in revenue record accordingly---Trial Court dismissed the suit on grounds of limitation and same being hit by proviso to S. 42 of Specific Relief Act, 1877; whereas, appellate court decreed the same as prayed for---Validity---Order of appellate court was devoid of any reasoning and support of evidence led by parties---Appellate court had not even framed points for determination for deciding appeal and failed to examine order of Deputy Commissioner and appellate authority under Land Revenue Code, 1894 and report of the Commissioner---Appellate court, while setting aside findings of Trial Court, did not give any reasoning on the point of limitation---While reversing the findings of court below, appellate court had to give reasons for disagreeing with findings of lower court and also to advance reasons for its opinion in support of reversing the findings---Plaintiffs had not prayed for possession from defendant and only sought declaration of ownership as legal heirs and declaration as to cancellation of mutation---Appellate court failed to appreciate that predecessor of plaintiff had appeared before Revenue Authorities for effecting mutation in respect of suit property in favour of defendant---Trial court, on basis of evidence on issue regarding possession of suit property and following mandatory proviso to S.42 of Specific Relief Act, 1877, had rightly held the suit not maintainable---Appellate court's judgment was silent on issue of maintainability of suit with reference to S. 42 of Specific Relief Act, 1877---High Court, setting aside judgment and decree of appellate court, restored that of trial court---Revision petition was allowed in circumstances. (b) Civil Procedure Code (V of 1908)---- ----O. XLI, R. 30 & S. 96---Appeal from original decree---Judgment in appeal---Duty of appellate court---Whenever appellate court is to reverse findings of court below, it has to give reasons for disagreeing with findings of lower court and also to advance reasons for its opinion in support of reversing the findings. Hon'ble Mr. Justice Nazar Akbar
62 2016 CLC 1372 Civil Revision 243/1989 (S.B.) Sindh High Court, Karachi 1989 Deputy Comm Thatta (Applicant) VS Karim Bux (Respondent) S.B. Order 12-JAN-16 Yes (a) Civil Procedure Code (V of 1908)--- ----O. VIII, R. 10, O. IX, R. 9 & S. 79---Qanun-e-Shahadat (10 of 1984), Arts.2(c), 70 & 72---Sindh Land Revenue Act (XVII of 1967), Ss.172 & 161---Suit for declaration---Defence, striking off---Scope---Trial Court while dismissing application for adjournment to file written statement ordered for ex parte proceedings and on the basis of affidavit in ex parte proof decreed the suit---Validity---Trial Court had decreed the suit without examining the plaintiff on oath---Original documents were never filed by the plaintiff with his affidavit in ex-parte proof---Mere filing of an ex parte proof by an affidavit was not production of evidence---Only photocopies had been produced as evidence, which were not admissible in evidence---Trial Court was bound to examine the correctness, veracity and truth of the claim of plaintiff set out in the plaint---Parties approaching the court should succeed on the merits of their own case and not on account of weakness of other side---Requirement of evidence could not be ignored by the courts while pronouncing judgment under O.VIII, R.10, C.P.C.---Defendants were government functionaries and not the government themselves---Suit should have been dismissed on account of non-compliance of provisions of S.79, C.P.C. as Government had not been impleaded in the same---Plaintiff had challenged the order of Deputy Commissioner with regard to boundaries of suit plot which was appealable---Civil courts had no jurisdiction in the matters within the jurisdiction of revenue authorities---When remedy of appeal was available under special law then jurisdiction of civil court could not be invoked without exhausting the remedies provided in the statute itself-- Present suit was barred by law---Plaintiff had not adduced evidence in accordance with law in support of his claim before the Trial Court---Public functionaries were not produced in the witness box to confirm the documents and verify contents thereof filed by the plaintiff with the plaint---Both the courts below had failed to exercise jurisdiction vested in them---Impugned judgments and decrees were set aside and suit was dismissed in circumstances. Nisar Ahmed and others v. Habib Bank Ltd. 1980 CLC 981; Haji Muhammad Moosa and another v. Provincial Government of Balochistan 1986 CLC 2951; Malik Muhammad Saeed v. Mian Muhammad Sadiq 1985 MLD 1440; Divisional Forest Officer, Afforestation Division, Sanghar at Khipro v. Khan through Legal Heirs and 10 others 2008 SCMR 442; Government of Balochistan, CWPP&H Department and others v. Nawabzada Mir Tariq Hussain Khan Magsi and others 2010 SCMR 115; Province of Punjab v. Muhammad Hussain PLD 1993 SC 147 and Haji Abdul Aziz v. Government of Balochistan through Deputy Commissioner, Khuzdar 1999 SCMR 16 rel. (b) Sindh Land Revenue Act (XVII of 1967)--- ----S. 161---Appeal before revenue authority---When remedy of appeal was available under special law then jurisdiction of civil court could not be invoked without exhausting the remedies provided in the statute itself. (c) Qanun-e-Shahadat (10 of 1984)--- ----Art. 2(c)---Evidence---Scope---Evidence could be produced by making a statement on oath. Hon'ble Mr. Justice Nazar Akbar
63 2017 MLD 2093 Cr.Bail 1478/2015 (S.B.) Sindh High Court, Karachi 2015 MUHAMMAD YOUNUS S/O ABDUL SATTAR & ANOTHER (Applicant) VS THE STATE (Respondent) S.B. Order 18-DEC-15 Yes Criminal Procedure Code (V of 1898)--- ----Ss. 497 & 498----Bail, grant of---Prosecution failed to appear and defend the bail application---Liberty of a man could not be compromised without merit for keeping him in jail merely because all three Special Prosecutors of FIA were on general adjournment---Court could grant interim bail on account of non-preparation of prosecution without touching merit of the case---Accused had been charged with offences which carried punishment of two years imprisonment or fine or both---Bail application was allowed accordingly. Hon'ble Mr. Justice Nazar Akbar
64 2016 YLR 32 Const. P. 1619/2015 (S.B.) Sindh High Court, Karachi 2015 Aziz Nasir (Petitioner) VS Shafiq Uddin & Others (Respondent) S.B. Order 18-JAN-16 Yes (a) Sindh Rented Premises Ordinance (XVII of 1979)--- ----S. 15---Ejectment of tenant---Personal bona fide need of landlord---Tenancy agreement being un-registered---Effect---Contention of tenant was that landlord had waived his personal need through registered tenancy agreement---Ejectment petition was accepted concurrently---Validity---Alleged tenancy agreement was compulsory registerable as tenant had claimed protection of his right to held tenancy for life for valuable consideration---Impugned tenancy agreement was not registered document and same was neither admissible in evidence nor it was enforceable in law---Relationship of landlord and tenant existed between the parties---Any dispute between the landlord and tenant could not adversely affect on the personal need of landlord---Finding recorded by the courts below did not suffer from arbitrariness nor same were perverse---Tenant was directed to vacate the demised premises within 30 days and in default Executing Court should issue writ of possession with permission to break open the locks and police aid and hand over the possession to the landlord---Constitutional petition was dismissed in circumstances. [Paras. 4, 5, 6 and 7 of the judgment] Lal Khan through Legal Heirs v. Muhammad Yousuf PLD 2011 SC 657; Badruddin H. Mavani v. Government of Pakistan and others 1982 CLC 44; Muhammad Azizullah v. Abdul Ghaffar 1984 CLC 2837 and Commissioner of Income Tax, Peshawar Zone, Peshawar v. Messrs Sieman A.G. PLD 1991 SC 368 distinguished. (b) Civil Procedure Code (V of 1908)--- ----Ss. 100 & 115---Appellate and revisional jurisdiction---Scope---Findings recorded by the courts below on the basis of evidence could not be interfered with by the second appellate court or revisional court simply because on the same evidence different conclusion could be drawn. Hon'ble Mr. Justice Nazar Akbar C.P.91-K/2016 Aziz Nasir v. Shafiquddin and others Before Supreme Court of Pakistan Disposed Dismissed
65 2016 YLR 1370 Civil Revision 47/2003 (S.B.) Sindh High Court, Circuit at Hyderabad 2003 Khalid Hussain thr:LRs (Applicant) VS Province of Sindh and other (Respondent) S.B. Order 11-SEP-15 Yes Specific Relief Act (I of 1877)--- ----S. 42---Civil Procedure Code (V of 1908), O. XLI, R. 31---Suit for declaration without seeking possession---Main-tainability---Gift---Proof of---Contention of defendants was that no valid and legal gift was made in favour of plaintiff---Suit was dismissed concurrently---Validity---No attesting witness of gift was produced by the donee---Nothing was on record with regard to possession of plaintiff on the suit property---Plaintiff had failed to prove the execution of gift in her favour---Suit for declaration without seeking possession was not maintainable---Both the courts below had decided the matter by referring evidence on record---Case should not be remanded when there was sufficient material available to examine the issues to settle the dispute between the parties---Sufficient compliance had been made of the requirements of O. XLI, R. 31, C.P.C.---No effort was made to claim possession pending the appeal before the Appellate Court---Revision could be dismissed on account of failure of plaintiff to seek possession along with declaration of ownership in circumstances---Revision was dismissed in circumstances. National Bank of Pakistan v. Mst. Hajra Bai and 2 others PLD 1985 Kar. 431; Muhammad Subhan and another v. Mst. Bilquis Begum through Legal Heirs PLD 1994 Kar. 106; Messrs National Bottlers (Pvt.) Ltd. v. Additional Secretary, Federation of Pakistan and 2 others 1995 CLC 631; Auqaf Department v. Javed Shuja and others 1995 CLC 1173; Rashid Ahmed and others v. Sardar Bibi and others 1994 MLD 467; Nasrullah Khan v. Rasul Bibi 2001 SCMR 1156; Kanwal Nain and 3 others v. Fateh Khan and others PLD 1983 SC 53; Jam Pari v. Muhammad Abdullah 1992 SCMR 786; Haji Muhammad Din v. Malik Muhammad Abdullah PLD 1994 SC 291; Abdul Hakeem v. Habibullah and 11 others 1997 SCMR 1139 and Anwar Zaman and 5 others v. Bahadur Sher and others 2000 SCMR 431 ref. Nasir Abbas v. Mansoor Haider Shah PLD 1989 SC 568; Syed Iftikhar-ud-Din Haider Gardezi and 9 others v. Central Bank of India, Ltd., and 2 others 1996 SCMR 669; Abdur Razzaq v. Sabar Khan 2004 CLC 950; Sultan Muhammad and another v. Muhammad Qasim and others 2010 SCMR 1630; Sarfraz Khan v. Federation of Pakistan 1986 SCMR 1950; Niaz Ahmed Khan v. Kishwar Begum and 19 others PLD 2003 Lah. 48; Haji Ghulam Rasool and others v. The Chief Administrator of Auqaf, West Pakistan PLD 1971 SC 376; Amanat Ali v. Abdul Haque and 27 others 1999 MLD 1148; Muhammad Yousaf and 3 others v. Mst. Zubeda Begum and another 1993 MLD 2138; Mir Zaman v. Mst. Begum Jan and 11 others PLD 1983 Pesh. 100; Mian Tahir Shah and another v. Additional District Judge, Swabi and others 1998 SCMR 858; Muhammad Yousaf v. Abdul Majid PLD 1993 Lah. 245; Haji Jan Muhammad v. Provincial Water Board, Balochistan, Quetta PLD 1994 SC 242 and Allah Bakhsh and another v. Ghulam Janat and 6 others PLD 1993 Lah. 254 distinguished. Hon'ble Mr. Justice Nazar Akbar C.P.3-K/2016 Khalid Hussain through his L.Rs. v. Province of Sindh and others Before Supreme Court of Pakistan Disposed Dismissed
66 2016 CLC 74 Const. P. 348/2003 (S.B.) Sindh High Court, Karachi 2003 Hussain (Jowkar) (Petitioner) VS Abdul Majid & Ors (Respondent) S.B. Judgement 29-JAN-16 Yes (a) Sindh Rented Premises Ordinance (XVII of 1979)--- ----S. 15---Ejectment of tenant---Personal bona fide need of landlord---Contention of landlords was that demised premises was required for their personal bona fide need---Ejectment petition was accepted concurrently---Validity---Landlords had established personal bona fide need by evidence---Findings supported with available evidence on record could not be treated as result of non-reading or misreading of other evidence which was not mentioned in the impugned judgment---High Court, in constitutional jurisdiction, could not declare an order as an arbitrary order on finding that certain pieces of evidence were not mentioned in the impugned order---Impugned judgments passed by the courts below did not suffer from misreading and non-reading of evidence---Tenants were directed to vacate the tenement within 30 days and handover the possession thereof to the landlords---Constitutional petition was dismissed in circumstances. Hon'ble Mr. Justice Nazar Akbar C.P.187-K/2016 Hussain through his L.Rs. v. Abdul Majid and others Before Supreme Court of Pakistan Disposed Dismissed (18 months time granted)
67 2017 CLC 82 Civil Revision 131/2007 (S.B.) Sindh High Court, Karachi 2007 Mst. Saeeda Begum V/S Bundoo Khan (through LRs) (Applicant) VS Bundoo Khan (through LRs) (Respondent) S.B. Judgement 23-SEP-16 Yes Specific Relief Act (I of 1877)--- ----S. 12---Contract Act (IX of 1872), S. 55---Suit for specific performance of agreement---Time, essence of contract---Scope---Plaintiff entered into agreement to sell with defendant and paid Rs.30,000/- as earnest money and Rs. 30,000/- as part performance of contract of total sale consideration of Rs. 1,10,000---Later on defendant avoided to perform the agreement which led to the institution of suit after having some conversation through legal notice---Suit was decreed in favour of plaintiff by Trial Court and findings of Trial Court were set aside by lower appellate court which ordered the return of paid sum of Rs. 60,000/- as forfeiture of advance amount was not mentioned in the agreement to sell---Validity---First legal notice from defendant contained two dishonest gestures, firstly, sale consideration was declared as Rs. 1,20,000/- secondly, forfeited the amount of Rs.60,000/- paid by plaintiff---Time of one month as stipulated in agreement to sell was conditional and not essential---No clause of forfeiture of advance amount received by defendant existed in the agreement---Defendant had neither cleared dues/tax nor had given proof of having paid the dues/tax against property within one month---Defendant also admitted execution of sale agreement and payment of more than 60% advance from total sale consideration---Plaintiff, who paid more than 60% advance to defendant and promptly paid the balance consideration in court, earned the discretion of court---Revision was allowed rendering judgment and decree of Trial Court restored. [Paras. 8, 9 & 10 of the judgment] Hon'ble Mr. Justice Nazar Akbar C.A.139-K/2016 Bundoo Khan and others v. Mst. Saeeda Begum Before Supreme Court of Pakistan Disposed Dismissed
68 2017 YLR 829 Civil Revision 250/2004 (S.B.) Sindh High Court, Karachi 2004 Jameel Ahmed (Applicant) VS Nazir Ahmed & another (Respondent) S.B. Judgement 23-SEP-16 Yes Specific Relief Act (I of 1877)--- ----Ss. 42, 39 & 54---Suit for declaration cancellation of document and injunction---Title of ownership---Proof---Cross claims---Respondent filed suit for declaration and possession of suit property as owner by virtue of allotment order dated 27-3-1962, which allotment matured into registered lease deed dated 18-2-1987 conversely the applicant, sought declaration and cancellation of lease deed dated 18-2-1987--Trial Court as well as Lower Appellate Court concurrently decreed suit filed by respondent and dismissed that filed by applicant---Validity---Applicant in his plaint claimed his entitlement for lease on the ground that he had occupied suit property in year 1961 when it was lying vacant---By occupying property which was lying vacant, one could not acquire any right in such property, particularly when the property belonged to government institution---Such property had to be disposed of in accordance with law---Applicant made first application to Karachi Development Authority in year, 1980, without disclosing that as to under what circumstances he entered into property and despite the fact that he was facing rent case instituted against him by respondent, who held official allotment order of suit property issued by competent authority---Other document such as certificate of Justice of Peace issued in year, 1980, and electricity bills of year 1996, etc. did not confer any title better than allotment issued by competent authority in year, 1962 and subsequent registered lease deed by competent authority---Claim of applicant was frivolous and he was also guilty of abusing process of Court to perpetuate his illegal occupation over suit property for more than 25 years---High Court declined to interfere in concurrent findings of two Courts below---Revision was dismissed in circumstances. Hon'ble Mr. Justice Nazar Akbar
69 2017 YLR 804 Civil Revision 41/2010 (S.B.) Sindh High Court, Karachi 2010 Karachi Metropolitan Corporation (Appellant) VS Islamuddin & Another (Respondent) S.B. Judgement 02-DEC-16 Yes Specific Relief Act (I of 1877)--- ----Ss. 42 & 54---Qanun-e-Shahadat (10 of 1984), Arts. 117 & 120---Suit for declaration, injunction and damages---Concurrent findings of facts by the Courts below---Negative declaration---Damages---Onus to prove---Plaintiff claimed that plots in question did not belong to defendants and also claimed damages of general nature---Trial Court and Lower Appellate Court decided the suit and appeal in favour of plaintiff respectively---Validity---Burden of claim of Rs.10,00,000/- as damages on account of demolition of one shop was on plaintiff which he was required to discharge through positive evidence like market value of property demolished by defendants etc.---Plaintiff failed to even mention value of properties allegedly taken away of defendant at the time of demolishing of property---No evidence existed to quantify damages, if any, the award of damages to plaintiff was devoid of any legal and factual basis---Courts below did not read evidence and perused record in its true perspective---Plaint was ambiguous and was not maintainable as S.42(b) and (e) of Specific Relief Act, 1877, did not envisage negative declaration and / declaration of general nature in respect of immovable property in favour of unidentified persons who were not even before the Court---High Court set aside the findings of two Courts below as the same were suffering not only from misreading/non-reading of evidence and record but were also contrary to the relevant law---Revision was allowed in circumstances. Hon'ble Mr. Justice Nazar Akbar C.P.100-K/2017 Islamuddin v. The KMC and another Before Supreme Court of Pakistan Disposed Dismissed
70 Spl.Anti.Ter.J.A. 25/2013 (D.B.) Sindh High Court, Karachi 2013 Shahrukh Jatoi (Appellant) VS The State (Respondent) D.B. Judgement 13-MAY-19 Yes Judgement in murder case of Shahzaib Hon'ble Mr. Justice Muhammad Ali Mazhar(Author), Hon'ble Mr. Justice Nazar Akbar
71 2018 SBLR 1039, 2018 MLD 1054 Suit 1040/2007 (S.B.) Sindh High Court, Karachi 2007 MST. MUQADAS & OTHERS. (Plaintiff) VS K.E.S.C. LTD. (Defendant) S.B. Judgement 19-JAN-18 Yes Fatal Accidents Act (XIII of 1855)--- ----S. 1---Electricity Act (IX of 1910), S.33---Fatal accident---Suit for compensation---Deceased 36 years of age, a Head Constable in Traffic Police, died on account of electrocution by coming into contact with energized pole erected by Electric Supply Company---Plaintiffs being legal heirs of the deceased filed suit for recovery of compensation against the Company---Issues in question were whether the suit was not maintainable; whether no cause of action had accrued to the plaintiffs to file the suit and whether the plaintiffs had alternate remedy under S.33 of the Electricity Act, 1910 to get redressal of their grievances---Burden of proof of said issues, was on the defendant Company---Defendant, having not advanced any arguments on the issues, same were answered against the Company---Burden of proof that deceased died due to electric shock owing to negligence and wrongful act of the defendant company and about deceased's earning was on the plaintiffs---Evidence on record had proved that deceased had died due to electrocution, and there was also a clear evidence that monthly salary of deceased was Rs.9945 as he was Head Constable in Police Department---Documents produced on record had confirmed that the cause of death of the deceased was due to electricity current in the electric Pole---Plaintiffs, in circumstances, were entitled for the relief they had claimed as compensation for the death of the deceased---Plaintiffs being immediate family of the deceased, directly affected by accidental death of the deceased had given well calculated figures to claim quantum of damages amounting to Rs.10,802,220---Defendant company, in cross-examination, had not even disputed the calculation given in the plaint as well as in the affidavit-in-evidence on oath and conceded that the figures of quantum of damage given in the affidavit, were proper calculation---Quantum of compensation had been determined keeping in view life span of the deceased, future benefit with the charge in salary etc.---Plaintiffs, were widow of the deceased, his mother, one son and four daughters---Preamble of the Fatal Accidents Act, 1855 had explained that purpose of the said Act, was to provide compensation to the families for loss occasioned by the death of a person caused by actionable wrong---Suit was decreed with cost and the defendant was directed to deposit, decretal amount with Nazir of the court within 30 days. Hon'ble Mr. Justice Nazar Akbar
72 2018 YLR 239 Cr.Bail 476/2018 (S.B.) Sindh High Court, Karachi 2018 MST. RUDAB BIBI D/O SYED AKBAR ALI SHAH (Applicant) VS THE STATE (Respondent) S.B. Order 06-JUN-18 Yes Criminal Procedure Code (V of 1898)--- ----S.497(1), first proviso---Penal Code (XLV of 1860), Ss.406 & 489-F---Criminal breach of trust, dishonestly issuing cheque---Bail, grant of---Accused, a lady---Statutory concession for accused lady---Scope---Burden of proof---Scope---Complainant had alleged that he, along with his near ones, invested a huge money with the firm of accused (lady) through her frontman---Later on, complainant came to know, the accused had defrauded and cheated many persons through her frontmen including her fiancee---When invested amount was demanded, accused issued many cheques and agreement was also signed by her frontman---Two cheques were dishonoured on presentation--- Validity--- Accused (lady) was nominated in the FIR and two dishonoured cheques of Rs. 3,26,94,200/- signed by her, was mentioned in the FIR---Assertion of the accused was immaterial that said cheques were not given by her to the complainant but by the co-accused (frontman) as burden of proof under S.489-F, P.P.C. was on the accused and not on the prosecution---Burden of proof of honestly issuing cheques being on the lady, therefore, the amount, for which allegedly cheques were issued, had to be secured---Accused could be admitted to bail on ground of statutory concession to her in terms of first proviso to S. 497, Cr.P.C and also that the punishment was only three years, therefore, the accused was admitted to bail subject to furnishing solvent surety in the sum of Rs. 3,26,94,200/- and PR bond in the like amount to the satisfaction of Trial Court---Bail was granted to accused accordingly Hon'ble Mr. Justice Nazar Akbar
73 2017 CLC 1417 Execution 15/2009 (S.B.) Sindh High Court, Karachi 2009 MST.SHAHIDA RANI (Decree Holder) VS MUHAMMAD CHUTTAL KHAN (Judgment Debtor) S.B. Judgement 01-NOV-16 Yes (a) Civil Procedure Code (V of 1908)--- ----S. 47 & O. XXII, R. 2---Execution petition---Objections---Death of decree holder---Legal representative---Scope---Contention of judgment debtor was that applicant was not legal heir of decree holder---Validity---Neither Nazir of the Court was directed to give up possession obtained by him nor applicant was entitled to take over possession of suit property---Nazir should immediately recover/take possession of suit property from the applicant and seal the same pending the actual legal heirs and claimants come forward to claim benefit of decree---Applicant would not be entitled to the possession of suit property since her share subject to clearance of her status should be limited according to Islamic Law in the benefits of the decree---Objections were disposed of accordingly. (b) Civil Procedure Code (V of 1908)--- ----S. 151---Inherent powers---Scope---Court was bound to decide all the issues raised by a party---Inherent powers of Civil Court were unlimited to pass order to meet the 'ends of justice or prevent abuse of process of Court'. (c) Counsel and client--- ----Failure to discharge duty by counsel---Effect---Counsel failed to appear in the Court to protect the interest of his client---Chairman Bar Council was directed to initiate inquiry and action against the counsel for his failure to discharge his duty as an advocate. Hon'ble Mr. Justice Nazar Akbar
74 2019 CLD 458 M.A. 56/2008 (S.B.) Sindh High Court, Karachi 2008 Rajee (Pvt) Limited (Appellant) VS The Registrar of Designs & Another (Respondent) S.B. Judgement 15-JAN-19 Yes Registered Designs Ordinance (XLV of 2000)--- ----S. 10---Registration of design---Cancellation of registration---Grounds for cancellation---Adjudication of application under S. 10 of Registered Designs Ordinance 2000 for cancellation of registered design---Scope---Appellant impugned order of Registrar of Designs whereby appellant's registration was cancelled under S. 10 of the Registered Designs Ordinance, 2000---Validity---Impugned order did not point out as to how in the process of registration there existed a lapse on the part of the Patent Office which showed that the specific substantive requirements of the Registered Designs Ordinance, 2000 were not fulfilled or if the said registration was contrary to public order or morality---Registrar of Designs failed to apply judicial mind to the matter as in the impugned order it was wrongly assumed that a factually incorrect pointation of the interested remained unrebutted and was held to be treated as an "admission" on part of the appellant---High Court observed that the very existence of the word "rejoinder affidavit" in the impugned order indicated that a counter affidavit had been filed by the appellant---Impugned order was set aside and application for cancellation of appellant's design was dismissed--- Appeal was allowed, accordingly. Messrs MFMY Industries v. Federation of Pakistan 2015 SCMR 1550 rel. PLD 1996 Kar. 365; PLD 1984 Kar. 245; AIR 1980 Delhi 125 and 1992 MLD 1879 distinguished. Hon'ble Mr. Justice Nazar Akbar(Author) C.P.4908/2019 Al-Madina Collar House thr. his ex-sole proprietor Abdul Ghani, Lahore & another v. Registrar of Designs, Karachi & others,C.M.A.1848/2020 M. Tariq Saeed v. Rajjee (Pvt) Limited etc Before Supreme Court of Pakistan Disposed Dismissed as Not Pressed,Pending Adjourned
75 I.T.R.A 140/2012 (D.B.) Sindh High Court, Karachi 2012 Commissioner Inland Revenue. (Applicant) VS Independent Newspaper Corp(Pvt)Ltd. (Respondent) D.B. Judgement 06-NOV-17 Yes Hon'ble Chief Justice Mr. Justice Aqeel Ahmed Abbasi, Hon'ble Mr. Justice Nazar Akbar
76 2019 MLD 856 Suit 5/2019 (S.B.) Sindh High Court, Karachi 2019 Pyramid Logistics (Private) Limited (Plaintiff) VS Azia-12 LLC & others (Defendant) S.B. Order 04-JAN-19 Yes Arbitration Act (X of 1940)--- ----S. 20---Notification SRO No. 932(I)/2012 dated 01-08-2012---Recovery of money---Transit Trade---Arbitration, agreement---Court, jurisdiction of---Effect---Plaintiff sought recovery of amount from defendant company which was operating from Tajikistan on basis of agreement between parties---Plaintiff also impleaded another person who was carrying on business in Afghanistan---Validity---Agreement, on basis of which suit was filed, stipulated an arbitration clause which fact was suppressed by plaintiff while obtaining ex-parte interim orders---Property in transit was perishable item and in terms of Notification SRO No. 932(I)/2012 dated 01-08-2012 jurisdiction of transit trade authorities was not extended to Tajikistan since no agreement existed between Pakistan and Tajikistan---High Court recalled interim order as court had no jurisdiction in terms of arbitration clause and prima facie it was a case of hardship to defendant with whom plaintiff had no direct privity of contract---Suit was dismissed in circumstances. Pakistan International Airlines Corporation v. ACT Airlines INC 2011 CLC 714 ref. Hon'ble Mr. Justice Nazar Akbar(Author)
77 2018 CLC 1376, 2018 CLD 80 Suit 859/2017 (S.B.) Sindh High Court, Karachi 2017 Agha Imtiaz Ali Khan Babar and others (Plaintiff) VS The Federation of Pakistan and others (Defendant) S.B. Judgement 31-JUL-17 Yes Companies Ordinance (XLVII of 1984) --- ----Ss. 178, 180, 181 & 183---Public Sector Companies (Corporate Governance) Rules, 2013, R. 5---Civil Procedure Code (V of 1908), O. XXXIX, Rr. 1 & 2---Electric Power Company---Board of Directors of company---Reconstitution of---Removal of a "Nominee Director"---Scope---Suit for declaration---Temporary injunction, grant of---Plaintiffs were nominated as Directors of Electric Power Company---Contention of plaintiffs was that they could not be removed except in accordance with the Companies Ordinance, 1984---Validity---Plaintiffs were not elected Directors of the Company---Notification with regard to appointment of defendant as Director of the Company was impugned in the earlier suit by one of the earlier Nominee Directors but plaintiffs despite having knowledge of the same did not contest the said suit nor attempted to become party in the same to protect their right, if any---Plaintiffs, therefore, had not approached the court with clean hands---Provisions of S.178, 180 or 181 of Companies Ordinance, 1984 were not applicable to the Directors appointed under S.183 of the Ordinance---Nominee Directors had no vested right to hold the office for any specified period---Powers of "removal" of a "Nominee Director" was inherent power of the Authority which nominated him---Nominee Director would hold the office "during the pleasure" of the Authority which nominated him---Plaintiffs having claimed a definite amount of damages as compensation on account of the alleged omissions or failure of discharge of duty by the Authority would lose their right to seek restraining orders (injunction) on the ground of irreparable loss---Application for grant of injunction to suspend the impugned notification was refused in circumstances. Hon'ble Mr. Justice Nazar Akbar
78 Spl. Cr. A. 20/2009 (S.B.) Sindh High Court, Karachi 2009 Ahmed Nawaz (Applicant) VS The State (Respondent) S.B. Judgement 29-OCT-20 Yes Hon'ble Mr. Justice Nazar Akbar(Author)
79 Spl.Anti.Ter.J.A. 184/2019 (D.B.) Sindh High Court, Karachi 2019 ARSHAD S/O ABDUL SATTAR (Appellant) VS THE STATE (Respondent) D.B. Order 15-DEC-20 Yes Hon'ble Mr. Justice Nazar Akbar, Hon'ble Mr. Justice Zulfiqar Ahmad Khan
80 Spl.Anti.Ter.J.A. 184/2019 (D.B.) Sindh High Court, Karachi 2019 ARSHAD S/O ABDUL SATTAR (Appellant) VS THE STATE (Respondent) D.B. Judgement 26-NOV-20 Yes Hon'ble Mr. Justice Nazar Akbar(Author), Hon'ble Mr. Justice Zulfiqar Ahmad Khan
81 Const. P. 651/2020 (D.B.) Sindh High Court, Circuit at Hyderabad 2020 Muzaffar Shah (Petitioner) VS P.O Sindh & Others (Respondent) D.B. Order 13-JAN-21 Yes Hon'ble Mr. Justice Nazar Akbar(Author)
82 2020 CLC 1974 II.A. 65/2012 (S.B.) Sindh High Court, Karachi 2012 Muhammad Saeed Akhtar & another (Appellant) VS Taha Mobeen Qureshi & Ors (Respondent) S.B. Judgement 10-JUN-20 Yes Specific Relief Act (I of 1877)--- ----Ss.12 & 19---Civil Procedure Code (V of 1908), O. XXXVIII, R.5---Suit for specific performance of agreement to sell---Transfer of suit property to the subsequent purchaser---Breach of contract---Compensation, award of---Attachment of property before judgment---Scope---Suit was decreed with the direction to the executant of agreement to sell to execute conveyance deed in favour of plaintiff but no relief of possession was extended---Validity---Plaintiff had paid all the consideration amount to the defendant/builder of housing society---Defendant had sold suit land in favour of subsequent purchaser and he was bound to refund amount so realized by him to the plaintiff---Builder had failed to complete construction by due date and even he had not returned consideration amount received by him to the plaintiff---Subsequent purchaser had possession of suit property and its sale deed---Execution of conveyance deed through Court in favour of plaintiff would render sale deed in favour of defendants as ineffective---Case of plaintiff for specific performance against the builder had been made out but it had become a case of hardship for the subsequent purchaser---Relief of specific performance, even if contract was enforceable, was discretionary and same could be withheld by the Court---When Court had concluded that grant of relief of specific performance had been made out but it would be a case of hardship to other side or unfair and inequitable to any third party who was not at fault then it should compensate the plaintiff---Builder had breached contract and only execution of title document was not specific performance of a contract of sale of immovable property when plaintiff was not in possession of suit premises---Execution of title document had to be coupled with delivery of possession of suit property to the plaintiff---Court could not grant decree of possession of suit property to the plaintiff owing to the presence of bona fide purchaser of suit premises---Plaintiff should have been granted relief of specific performance with additional compensation, in circumstances---Court in suit for specific peformance could grant two decrees of compensation combined in one judgment in a suit for specific performance---Order of specific performance might be substituted with compensation for it with additional compensation for breach of contract---High Court observed that court, in the present case, should have passed an adequate decree of compensation both as substitution of specific performance and additional compensation for breach of contract---Decree of specific performance of an agreement to sell through execution of title document against the builder in favour of plaintiff was in the field with no result and there was likelihood that builder would avoid the said decree---High Court passed order for attachment of movable and immovable property of builder who had received consideration amount from the plaintiff but had not returned the same---Plaintiff was entitled for adequate compensation keeping in view escalation in valuation of suit premises and value of currency which had gone down due to inflation in the country---Property of builder would remain attached till the judgment was executable---Second appeal was allowed accordingly. Mohiuddin Molla v. The Province of East Pakistan PLD 1962 SC 119 and Jamil Akhtar and others v. Las Baba and others PLD 2003 SC 494 rel. Hon'ble Mr. Justice Nazar Akbar(Author)
83 Spl.Anti.Ter.A. 152/2019 (D.B.) Sindh High Court, Karachi 2019 SYED MEHROZ MEHDI ZAIDI S/O SYED HASSAN MUHAMMAD (Appellant) VS THE STATE (Respondent) D.B. Judgement 19-NOV-20 Yes Hon'ble Mr. Justice Nazar Akbar(Author), Hon'ble Mr. Justice Zulfiqar Ahmad Khan
84 S.M.A 322/2021 (S.B.) Sindh High Court, Karachi 2021 Aiman Fatima D/o Hasan Mahmood (Petitioner) VS Fozia Hasan and others (Respondent) S.B. Order 28-MAY-21 Yes Hon'ble Mr. Justice Nazar Akbar(Author)
85 Const. P. 1272/2020 (D.B.) Sindh High Court, Bench at Sukkur 2020 Mst. Salma @ Ume-Salma (Petitioner) VS Province of Sindh, through Secretary Home Department Sindh Secretariat, Karachi & others (Respondent) D.B. Order 05-MAY-21 Yes Hon'ble Mr. Justice Nazar Akbar, Hon'ble Mr. Justice Muhammad Faisal Kamal Alam
86 2016 YLR 2370 R.A (Civil Revision) 266/1987 (S.B.) Sindh High Court, Karachi 1987 Syed Ghanzfar Hussain & Ors (Applicant) VS Nooruddin & Ors (Respondent) S.B. Judgement 15-APR-16 Yes (a) Specific Relief Act (I of 1877)--- ----S. 54---Suit for permanent injunction---Illegal construction---Proof---Plaintiffs challenged the illegal construction by the defendants on the open space around their property---Trial Court, deciding the issue as to ownership of the plaintiff in affirmative, dismissed the suit regarding the illegal construction, and the appellate court upheld the findings of the Trial Court---Validity---Revision petition had been pending for 29 years due to the delaying tactics of the defendants---Defendants had not filed any objection to the Nazir report, which was supported with the photographs and details of encroachments upon the open spaces---Both the courts below had not taken into consideration the proceedings of the earlier identical suit filed by the predecessor of the plaintiffs against the defendants---Defendants had challenged the judgment passed in the said earlier suit in appeal which had been dismissed---Appellate court in said appeal had inspected the premises and inspection/observations of the court were part of the judgment delivered against the defendants---Both courts below had refused to give any importance to the Commissioner's reports, without assigning any reason for not taking those reports into consideration, in which case, for proper and fair adjudication of the issue of raising construction in open spaces on the property, the courts had to personally inspect the site in dispute---Commissioner, who had inspected the site, had appeared as a witness and also produced photographs along with the inspection reports showing blocking of the passages, and the defendants had failed to prove anything contrary to the actual inspection reports, nor had they filed any objections to the inspection reports---Inspection reports prepared twice on order of the High Court had confirmed the inspection reports, whereunder, the defendants had been found to be in occupation of open spaces---Trial Court had failed to appreciate the documentary evidence including the site plan issued by the Settlement Department showing the exact location of open spaces at the disputed site---Said site plan had been first endorsed by the civil court in earlier suit, and on the basis of the same, the defendants had been forced to remove illegal constructions from the open spaces in execution of the judgment and decree, and the site plan had been again endorsed by the Settlement Department, which was reconfirmation of the plan 1999 CLC 312 and 2011 SCMR 1255 rel. Hon'ble Mr. Justice Nazar Akbar(Author)
87 Criminal Appeal 787/2019 (D.B.) Sindh High Court, Karachi 2019 Akhtar Meen S/o Khayal Jan (Appellant) VS The State (Respondent) D.B. Judgement 18-DEC-20 Yes Hon'ble Mr. Justice Nazar Akbar(Author), Hon'ble Mr. Justice Zulfiqar Ahmad Khan Crl.P.90-K/2021 Sheeraz Gul Thebo v. Akhtar Meen Afridi,Crl.P.91-K/2021 The State through Prosecutor General Sindh v. Akhtar Meen Afridi Before Supreme Court of Pakistan Pending Adjourned,Pending Adjourned
88 Const. P. 2588/2021 (D.B.) Sindh High Court, Karachi 2021 Sundor Khan (Petitioner) VS Fed. of Pakistan and Others (Respondent) D.B. Order 20-MAY-21 Yes Hon'ble Mr. Justice Nazar Akbar(Author), Hon'ble Mr. Justice Muhammad Faisal Kamal Alam C.P.3388/2021 Sundar Khan v. The Federation of Pakistan through Chairman NAB, Islamabad and others Before Supreme Court of Pakistan Disposed Dismissed as Not Pressed
89 Spl.Anti.Ter.A. 307/2019 (D.B.) Sindh High Court, Karachi 2019 UBAID ALI @ LANGRA S/O HANIF AHMED (Appellant) VS THE STATE (Respondent) D.B. Judgement 26-NOV-20 Yes Hon'ble Mr. Justice Nazar Akbar, Hon'ble Mr. Justice Zulfiqar Ahmad Khan(Author)
90 Spl.Anti.Ter.J.A. 219/2019 (D.B.) Sindh High Court, Karachi 2019 ASHIQ KHAN @ ASHI S/O DIL MUHAMMAD (Appellant) VS THE STATE (Respondent) D.B. Judgement 24-NOV-20 Yes Hon'ble Mr. Justice Nazar Akbar, Hon'ble Mr. Justice Zulfiqar Ahmad Khan(Author)
91 Spl.Anti.Ter.A. 309/2019 (D.B.) Sindh High Court, Karachi 2019 MUHAMMAD WASEEM BANDHANI S/O MUHAMMAD RAFIQ BANDHA (Appellant) VS THE STATE & ORS (Respondent) D.B. Judgement 26-NOV-20 Yes Hon'ble Mr. Justice Nazar Akbar, Hon'ble Mr. Justice Zulfiqar Ahmad Khan(Author)
92 Spl.Anti.Ter.A. 317/2019 (D.B.) Sindh High Court, Karachi 2019 ANWAR FAHEEM@ANOO@ZEESHAN S/O FAHEEMULLAH (Appellant) VS THE STATE (Respondent) D.B. Judgement 23-DEC-20 Yes Hon'ble Mr. Justice Nazar Akbar, Hon'ble Mr. Justice Zulfiqar Ahmad Khan(Author)
93 Spl.Anti.Ter.A. 64/2020 (D.B.) Sindh High Court, Karachi 2020 SHAHBAZ AHMED S/O SHABBIR AHMED (Appellant) VS THE STATE (Respondent) D.B. Judgement 02-DEC-20 Yes Hon'ble Mr. Justice Nazar Akbar, Hon'ble Mr. Justice Zulfiqar Ahmad Khan(Author)
94 Spl.Anti.Ter.J.A. 16/2020 (D.B.) Sindh High Court, Karachi 2020 MUHAMMAD WAQAS QURESHI (Appellant) VS THE STATE (Respondent) D.B. Judgement 22-DEC-20 Yes Hon'ble Mr. Justice Nazar Akbar, Hon'ble Mr. Justice Zulfiqar Ahmad Khan(Author)
95 Spl.Anti.Ter.J.A. 287/2018 (D.B.) Sindh High Court, Karachi 2018 GHULAM SARWAR S/O MUHAMMAD NAWAZ & 4 ORS (Appellant) VS THE STATE (Respondent) D.B. Judgement 15-DEC-20 Yes Hon'ble Mr. Justice Nazar Akbar, Hon'ble Mr. Justice Zulfiqar Ahmad Khan(Author)
96 Spl.Anti.Ter.A. 13/2020 (D.B.) Sindh High Court, Karachi 2020 IMRAN HUSSAIN @ MAMA S/O NAZEER HUSSAIN (Appellant) VS THE STATE (Respondent) D.B. Judgement 27-NOV-20 Yes Hon'ble Mr. Justice Nazar Akbar, Hon'ble Mr. Justice Zulfiqar Ahmad Khan(Author)
97 2016 YLR 2087 Civil Revision 77/2007 (S.B.) Sindh High Court, Karachi 2007 Farida Gul Agha & others (Appellant) VS Saeeda Bano Ahmed & Ors (Appellant) S.B. Judgement 26-FEB-16 Yes (a) Islamic law--- ----Gift---Revocation of---Death of donor and donee---Effect---Suit was filed for cancellation of gift deed after the death of donee/beneficiary---Trial Court dismissed the suit but Appellate Court decreed the same---Validity---Donor being mother of donee was related to the donee within the prohibited degree---Donor could not revoke the gift after the death of donee even through court---Appellate Court had failed to appreciate that first burden of proof was on the plaintiff and unless it was discharged by evidence consistent with the pleadings the defendant could not be required to prove anything from his pleadings---Evidence of the parties had not been discussed by the Appellate Court and suit had been decreed---Findings recorded by the Appellate Court were contrary to evidence---Donor had already transferred suit property by way of gift by handing over possession and original title document to the donee---Requirements of Islamic Law had been complied with in the present case---No further act/action was required on the part of donor and donee---Actual physical dispossession of the donor from the suit property was not required in the present case---Cause of action had died/buried with the death of donor as gift might be revoked by donor but not by his legal heirs after his/her death---Suit filed by the donor had abated by her death---Proceedings after the death of donee were coram non judice---Impugned judgment and decree passed by the Appellate Court were set aside and those of Trial Court were restored---Revision was allowed in circumstances. Mulla's Muhammadan Law para. 167 ref. (b) Islamic law--- ----Revocation of gift after death of donee---Scope---Donor could not revoke the gift after the death of donee even through court. (c) Civil Procedure Code (V of 1908)--- ----S. 96---Appellate Court---Duty of---Appellate court was not supposed to write a fresh judgment of its own without commenting and explaining the circumstances for forming an opinion contrary to the opinion/reasoning of the Trial Court---Appellate court unless found the judgment of Trial Court suffering from improper treatment of evidence such as wrongly placing the burden of proof on the parties in deciding the issues between them or finding it in conflict with some law on the subject could not reverse finding of Trial Court---Appellate court had to meet the reasoning of the Trial Court in the first instance and thereafter reappraise the evidence on record while reversing the findings of Trial Court. Ch. Muhammad Shafi v. Shamim Khanum 2007 SCMR 838 rel. (d) Qanun-e-Shahadat (10 of 1984)--- ----Art. 117---Burden of proof---Whoever approaches the Court of law to give judgment as to his legal right or liability dependent on the existence of facts which he asserts in the plaint, must prove that those facts exist. Hon'ble Mr. Justice Nazar Akbar C.A.1412/2016 Tariq Ahmed (decd.) thr: L.Rs & others v. Farida Gul Agha (decd.) thr. L.Rs & others Before Supreme Court of Pakistan Pending
98 Const. P. 578/2012 (S.B.) Sindh High Court, Circuit at Hyderabad 2012 Muhammad Izharul Haq (Petitioner) VS Mst,Zulekhan and others (Respondent) S.B. Judgement 30-SEP-14 Yes Hon'ble Mr. Justice Nazar Akbar
99 2014 PCr.LJ 1215 Cr.Bail 605/2013 (S.B.) Sindh High Court, Karachi 2013 SOHAIL (Applicant) VS THE STATE (Respondent) S.B. Order 15-MAY-14 Yes (a) Criminal Procedure Code (V of 1898)--- ----S. 497(2)---Penal Code (XLV of 1860), Ss. 302 & 34---Qanun-e-Shahadat (10 of 1984), Art. 22---Qatl-e-amd common intention---Bail, grant of--- Further inquiry---Delay in conducting identification parade---Effect---Unwitnessed murder---Accused was arrested and implicated for the offence on basis of spy information received by the complainant, five days after the incident---Accused was neither mentioned in the F.I.R. nor any weapon used in the incident was recovered from him---Complainant did not mention the circumstances in which he came to know that accused was involved in the murder---Complainant effected the arrest of accused but he was not an eye-witness of the incident---Identification parade took place after a lapse of 14 days and during such time accused remained in police custody---Such circumstances provided sufficient grounds for further inquiry into guilt of accused---Accused was in jail for more than a year and three months and investigation of the case was finalized---Accused was no more required for any further investigation---Accused was granted bail in circumstances. 2005 YLR 1637 and 1994 PCr.LJ 504 rel. (b) Criminal Procedure Code (V of 1898)--- ----S. 497(2)---Penal Code (XLV of 1860), S. 302---Qanun-e-Shahadat (10 of 1984), Art. 22---Unwitnessed/blind murder---Bail---Scope---Further inquiry---Delay in conducting identification parade---Effect---Unexplained delay in holding of identification parade of accused created serious doubts in story of the prosecution and thus it became a case for further inquiry in terms of S. 497(2), Cr.P.C. 2005 YLR 1637 and 1994 PCr.LJ 504 rel. Hon'ble Mr. Justice Nazar Akbar
100 Cr.Rev 62/2013 (S.B.) Sindh High Court, Circuit at Larkana 2013 Ali Gul Hakro (Applicant) VS The state (Respondent) S.B. Order 05-MAY-15 Yes Hon'ble Mr. Justice Nazar Akbar
101 2015 YLR 1834 Suit 1291/2003 (S.B.) Sindh High Court, Karachi 2003 MRS.SANA RIZWAN (Plaintiff) VS MRS.AMNA FAHIM & ORS. (Defendant) S.B. Judgement 20-MAR-15 Yes Specific Relief Act (I of 1877)--- ----S.12---Qanun-e-Shahadat (10 of 1984), Arts. 17, 79 & 129, illustration (g)---Suit for specific performance of agreement to sell---Agreement, proof of---Withholding of evidence---Plaintiff claimed to have entered into agreement with defendant regarding sale of suit property---Second instalment was payable by plaintiff to defendant within seven days after publication of advertisement inviting objections to sale---Plaintiff never published any public notice in newspaper inviting objections to her intended purchase of suit property, during 90 days period of time and therefore, did not offer to make payment of second instalment in breach of agreement---To the contrary, through a letter, plaintiff proposed that defendant should hand over possession of suit property immediately without further payment---Effect---Intention and conduct were going in directions which could not be termed as anything except an intended breach of terms and conditions of agreement of sale---Requirement of Arts. 17 & 79 of Qanun-e-Shahadat, 1984, to prove execution of contract by producing two attesting witnesses had not been done, therefore, reference to Art. 129, illustration (g) of Qanun-e-Shahadat, 1984, was misconceived---Plaintiff herself had failed to produce the best evidence without explaining circumstances of her failure---High Court decided issues against plaintiff---Suit was dismissed in circumstances. Hon'ble Mr. Justice Nazar Akbar
102 2015 CLC 1124 Suit 1047/2011 (S.B.) Sindh High Court, Karachi 2011 MST. PARVEEN JAMAL HASSAN (Plaintiff) VS MST. FATIMA BEGUM (Defendant) S.B. Judgement 12-FEB-15 Yes Succession Act (XXXIX of 1925)--- ----Ss. 284, 278 & 372---Sindh Chief Court Rules (O.S.), R.413---Grant of Letter of Administration in respect of immovable property of deceased---Caveats against grant of Letter of Administration---Alleged oral gift---Succession petition was supported with "no objection" affidavits of three legal heirs, however, one remaining legal heir filed caveat under S.284 of the Succession Act, 1925 contending that deceased had orally gifted suit property solely to him---High Court converted petition into a suit as per R.413 of the Sindh Chief Court Rules (O.S.) and held that burden of proving the said oral gift was on the caveator, however, he failed to appear as a witness to prove his claim of oral gift of the property in dispute and also failed to cast doubt on evidence led by the petitioner and her witnesses in support of her claim of seeking Letter of Administration of the property of the deceased---Caveator had not disputed relationship of the petitioner and other legal heirs with the deceased and had failed to prove the alleged gift and did not produce any witnesses to confirm the contents of declaration of the said oral gift---Caveat filed by the caveator/objector was dismissed and High Court directed that Letter of Administration be issued to the petitioner in accordance with the Rules---Petition was allowed, accordingly. Hon'ble Mr. Justice Nazar Akbar
103 2017 PLC CS Note 34 Const. P. 1351/2012 (D.B.) Sindh High Court, Circuit at Hyderabad 2012 Daleel Khan & others (Petitioner) VS Shaheed Benazir Bhutto University & others (Respondent) D.B. Judgement 08-OCT-15 Yes Hon'ble Mr. Justice Syed Hasan Azhar Rizvi, Hon'ble Mr. Justice Nazar Akbar
104 2020 PCr.LJ 1079 Const. P. 836/2019 (S.B.) Sindh High Court, Karachi 2019 Sardar Muhammad Bux Mahar Thr. Tasawar Hussain (Petitioner) VS Mst. Saman Muhammad Mahar and another (Respondent) S.B. Judgement 16-AUG-19 Yes The natural guardians/mother and father of minors are not required to seek declaration of their guardianship through the Court. The Court under Section 7 of the Guardian and Ward Act, 1890 is not empowered to decide title of guardian about custody of the ward. Hon'ble Mr. Justice Nazar Akbar(Author)
105 2016 MLD 1742 Cr.Bail 1307/2015 (S.B.) Sindh High Court, Karachi 2015 MUHAMMAD IQBAL S/O MUHAMMAD IBRAHIM (Applicant) VS THE STATE (Respondent) S.B. Order 23-DEC-15 Yes (a) Criminal Procedure Code (V of 1898)--- ----S. 497(1)---Penal Code (XLV of 1860), S. 302---Qatl-i-amd---Bail, refusal of---Statutory delay---FIR had fully implicated the accused, and complainant was the real brother of his wife---Wife of the accused had not disputed the contents of the FIR---Police had already recovered the knife used in commission of the offence of slaughtering ?? years old innocent daughter---Accused, having been immediately arrested from the place of occurrence, had even confessed his guilt---Truth had come on record when the complainant, at the spur of the moment, had recorded the true facts of the offence committed by the accused in the FIR with all genuineness and natural course of events uninfluenced by the consequences of true facts of the case against the accused---Discretion to grant bail was not supposed to be uncontrolled and unreasonable, and the court had to see the circumstances in which the delay had taken place---High Court had already given specific directions to the Trial Court and prosecution as to conclusion of the trial, which had not been strictly complied with---Delay in the proceedings of trial, at times, were wilfully and deliberately contributed by the complainant side with connivance of the prosecution---Benefit of delay, in given circumstances of the case, might not be attributed to the accused directly; however, the conscious efforts of complainant and prosecution in sharing the burden of delay could not be ruled out---Bail application was, therefore, dismissed accordingly. (b) Criminal Procedure Code (V of 1898)---- ----S. 497 (1)---Bail on ground of statutory delay---Scope---Interpretation of S.497, Cr.P.C.---Delay in trial is though a valid ground for seeking bail; however, in the name of statutory delay, the court is not supposed to give up its sacred duty of careful examination of the facts and circumstances of the case before exercising the discretion in favour of the accused for grant of bail---In every case, the court is not supposed to rely on the circumstances in which delay in trial has been caused by the accused or the prosecution and decide the fate of bail application on mathematical calculations; other factors cannot be simply ignored---Prime duty of the court in bail matters, is to see that there are "reasonable grounds for believing that the accused has been guilty" or not----Use of the words 'shall not' in S. 497, Cr.P.C. to deny bail is mandatory in cases where reasonable ground exist for believing the guilt of the accused---Word 'shall' in the third proviso of S. 497, Cr.P.C. to release the accused on ground of being in detention for continuous period of two years even in absence of conditions mentioned in the fourth proviso would not take away to undermine the duty of the court to examine the other attending circumstances and evidence connecting the accused with offence to the extent of 'reasonable belief' against him---Word 'shall' in the third proviso has lost its mandatory command for two reasons: firstly, the proviso to any section in an enactment cannot be interpreted to render the effect of the main section null and void, such as the limited discretionary power of court for grant of bail in non-bailable offences; and, secondly, the use of word 'shall not' in S.497, Cr.P.C has made it mandatory for court to check reasonable ground for believing or not believing in the guilt of accused before releasing anyone on bail. (c) Interpretation of statutes---- ----When the provision of law is couched in negative terms and places an embargo on court then a strict view is required to be taken. Hon'ble Mr. Justice Nazar Akbar
106 H.C.A 8/2016 (D.B.) Sindh High Court, Karachi 2016 Haroon (Appellant) VS Abdul Aziz (Respondent) D.B. Judgement 07-APR-17 Yes Hon'ble Chief Justice Mr. Justice Aqeel Ahmed Abbasi, Hon'ble Mr. Justice Nazar Akbar C.P.390-K/2017 Haroon v. Abdul Aziz and another,C.A.67-K/2017 Haroon v. Abdul Aziz and another Before Supreme Court of Pakistan Disposed Converted into Appeal and Disposed of,Disposed
107 2017 MLD 1857 Const. P. 284/2016 (S.B.) Sindh High Court, Karachi 2016 Muhammad Muslim (Petitioner) VS Azeem Ahmed and others (Respondent) S.B. Judgement 18-APR-17 Yes Sindh Rented Premises Ordinance (XVII of 1979)--- ----Ss. 15 & 18---Civil Procedure Code (V of 1908), O. I, R. 10 & S.12(2)---Ejectment of tenant---Execution petition---Conversion of application under O. I, R. 10, C.P.C. to an application under S. 12(2), C.P.C.---Scope---Execution petition was moved wherein an application for impleadment was filed which was converted into application under S.12(2), C.P.C. by the Rent Controller but Appellate Court set aside the said order---Validity---If tenant after entering into rent proceedings had chosen not to contest the same then order of his eviction could not be said to have been obtained fraudulently---Once tenant entered appearance in the proceedings and filed written statement then disposal of the case was on merits---Application under O. I, R. 10, C.P.C. could not be converted into an application under S. 12(2), C.P.C.---Ingredients of S. 12(2), C.P.C. were missing from the contents of application under O.I, R. 10, C.P.C.---Applicant had not alleged fraud and misrepresentation or that Rent Controller had no jurisdiction to entertain the case---Dispute and allegations levelled by the applicant were in the nature of civil matter which were outside the jurisdiction of Rent Controller---Applicant had prayed to be impleaded as intervener in the execution proceedings---Petitioner had not contended that eviction order was without jurisdiction or on account of any misrepresentation---Ownership of tenement could not be frustrated through a collateral proceedings pending before a civil Court---Applicant was neither landlord nor tenant in the demised premises from the date of execution of registered sale deed---Title of tenement stood transferred in favour of landlord by operation of law---Executing Court might evict the tenant in execution of its order passed in rent case---Constitutional petition was dismissed in circumstances. Hon'ble Mr. Justice Nazar Akbar
108 2019 CLC 146 R.A (Civil Revision) 70/2016 (S.B.) Sindh High Court, Karachi 2016 Syed Abdul Ahad (Applicant) VS Abdul Shakoor and others (Respondent) S.B. Judgement 11-JUN-18 Yes Civil Procedure Code (V of 1908)--- ----O. XXI, Rr. 89 & 26---Execution petition---Auction of property---Objections---Suit seeking declaration that proceedings before Executing Court were illegal---Scope---Objection was raised that the property to be auctioned was never allotted to the judgment-debtor---Executing Court dismissed the objection petition---Validity---Petitioner was not owner of suit shop to be auctioned by the Executing Court---Executing Court could not consider any document or orders passed in any other suit subsequently filed by the objector---Similar controversy could not be raised through another civil suit with regard to the same property---Objector could seek relief in a separate suit---Civil Court could neither declare proceedings of Executing Court as illegal nor regulate the property involved in the execution proceedings---Judgment and decree of one civil Court could not be nullified by another---Official Assignee (Nazir) had neither issued any notice to any of the judgment-debtor before inspection of property to be auctioned nor he appeared to have been physically present at the inspection---Report of Nazir did not disclose as to how and who identified suit shop to the inspection team---Proceedings in civil suit filed subsequently could not have any bearing on the orders of Executing Court---Applicant had no right to retain possession nor any order of civil Court passed in other civil suit would have effect of setting aside any of the orders of Executing Court for auction and possession to auction purchaser---Auction of suit shop was lawful and auction purchaser was entitled for possession being lawful owner under authority of Court order/decree---Official Assignee (Nazir) was directed to take possession of suit shop and hand over its possession to the auction purchaser---Revision was dismissed in circumstances. Hon'ble Mr. Justice Nazar Akbar(Author)
109 2018 YLR 279 Suit 2093/2015 (S.B.) Sindh High Court, Karachi 2015 Muhammad Arshad Awan (Plaintiff) VS The Province of Sindh and others (Defendant) S.B. Judgement 14-JUL-17 Yes Civil Procedure Code (V of 1908)--- ----O. VII, R. 2 & O. XII, R. 6---Money suit---Award of contract by government---Payments/financial involvements with contractors--- Procedure--- Written statement submitted by the Government---Essentials---High Court observed that written statement so submitted must be examined by the law officer before placing in the Court; that fair and honest contest from the defendant be made and that claim of plaintiff might be true but the it was to be seen that there was no collusion between the plaintiff and defendant---Plaintiff, in the present case had desired to involve the Court before making the payment by the Government---Scope---High Court further observed that Courts were involved in routine financial matters of the departments when they needed to do something out of box---Such conduct of government functionaries could be described as the worst form of abuse/mis-use of process and authority of the Court---Court had to pass an order according to law on the basis of record placed before it---Guidance could be provided by Court to the Auditors that any payment made by any of the government functionaries under a decree or order of Court should not be treated as unquestionable by them---Payment made by government functionaries during course of their routine financial matters was subject to lawful scrutiny by the Auditor though the payments were made under the cover of judgments and decrees or order of the Court---Civil Court on passing a decree on admission whether genuine or not could not conduct audit of accounts to ascertain the correctness of claim and its acceptance by the defendants---High Court further observed that Chief Secretary of the Province and Auditor should see if there was any mischief on the part of official defendants and take care of it accordingly. Hon'ble Mr. Justice Nazar Akbar
110 2017 PLD 563 S.M.A 199/2015 (S.B.) Sindh High Court, Karachi 2015 Sheikh Haroon Buksh S/o Shaikh Buksh Elahi (Plaintiff) VS Shaikh Tahir Buksh & Others (Defendant) S.B. Judgement 10-APR-17 Yes Succession Act (XXXIX of 1925)--- ----Ss. 295 & 278---Chief Court (Sindh) Rules (OS), Chap. XXII, R.413---Civil Procedure Code (V of 1908), O.XX, R.13 & S.114---Succession---Procedure in contentious cases---Decree in administration suit---Nature of order under S.295 of the Succession Act, 1925---Conversion of proceedings under Succession Act, 1925 to a suit of administration under O. XX, R.13, C.P.C.---Petitioner sought review of order passed by High Court under S.295 of the Succession Act, 1925, whereby in view of contentious nature of succession proceedings, application seeking issuance of letters of administration were converted into a civil suit--- Contention of applicant inter alia was that impugned order, which converted proceedings into suit for administration and stated that the preliminary decree be passed was contrary to law; and the suit should be regular suit and not a suit for administration---Validity---Impugned order identified the parties and identified as to who should be the plaintiff and defendant and mentioned that the suit would be in the form of a suit for administration of the properties of the deceased and therefore all ingredients of S.295 of the Succession Act, 1925 and O.XX, C.P.C. were fully adhered to---When parties were legal heirs of the deceased and were contesting with regard to share in property left by the deceased, in such situation any one of the legal heirs could file a suit for administration of properties or file an application under S.278 of the Succession Act, 1925 for grant of "letter of administration" and in terms of S.295 of the Succession Act, 1925 in the case where there was contention, then proceedings were supposed to be converted as nearly as they could be, into a "regular suit" according to provisions of the C.P.C.---Court in the impugned order exercised powers of a court of original civil jurisdiction and once an order was passed, the court also had power to take further steps to minimize delay in disposal of dispute and the court was under a statutory obligation to pass an order for preliminary decree---Use of the word "shall" in O.XX, R.13, C.P.C. was of mandatory nature, and the C.P.C. did not envisage any other form a suit except for a suit for administration of properties under O.XX, C.P.C.---No error on the face of record was found in the impugned order---Review application was rejected, in circumstances. Hon'ble Mr. Justice Nazar Akbar
111 H.C.A 263/2016 (D.B.) Sindh High Court, Karachi 2016 The Collector Model Customs Collectorate & others (Appellant) VS M/s. Naveena Industries Ltd. & another (Respondent) D.B. Judgement 03-AUG-17 Yes Hon'ble Chief Justice Mr. Justice Aqeel Ahmed Abbasi, Hon'ble Mr. Justice Nazar Akbar C.A.1231/2017,C.A.1509/2017,C.A.1513/2017,C.A.1503/2017,C.A.1502/2017,C.A.1230/2017,C.A.1234/2017,C.A.1179/2017,C.A.1218/2017,C.A.1216/2017,C.A.1217/2017,C.A.1215/2017,C.A.1208/2017,C.A.1212/2017,C.A.1203/2017,C.A.1207/2017,C.A.1204/2017,C.A.1200/2017,C.A.1206/2017,C.A.1205/2017,C.A.1201/2017,C.A.1198/2017,C.A.1202/2017,C.A.1242/2017,C.A.1199/2017,C.A.1505/2017,C.A.1255/2017,C.A.1504/2017,C.A.1508/2017,C.A.1512/2017,C.A.1211/2017,C.A.1232/2017,C.A.1236/2017,C.A.1506/2017,C.A.1510/2017,C.A.1514/2017,C.A.1209/2017,C.A.1213/2017,C.A.1233/2017,C.A.1507/2017,C.A.1511/2017,C.A.1515/2017,C.A.1210/2017,C.A.1214/2017 SCP Disposed Allowed,Disposed Allowed,Disposed Allowed,Disposed Allowed,Disposed Allowed,Disposed Allowed,Disposed Allowed,Disposed Allowed,Disposed Allowed,Disposed Allowed,Disposed Allowed,Disposed Allowed,Disposed Allowed,Disposed Allowed,Disposed Allowed,Disposed Allowed,Disposed Allowed,Disposed Allowed,Disposed Allowed,Disposed Allowed,Disposed Allowed,Disposed Allowed,Disposed Allowed,Disposed Allowed,Disposed Allowed,Disposed Allowed,Disposed Allowed,Disposed Allowed,Disposed Allowed,Disposed Allowed,Disposed Allowed,Disposed Allowed,Disposed Allowed,Disposed Allowed,Disposed Allowed,Disposed Allowed,Disposed Allowed,Disposed Allowed,Disposed Allowed,Disposed Allowed,Disposed Allowed,Disposed Allowed,Disposed Allowed,Disposed Allowed
112 2017 CLC 224 R.A (Civil Revision) 12/2001 (S.B.) Sindh High Court, Karachi 2001 Shaikh Imran Ahmed (Applicant) VS K.D.A & Ors (Respondent) S.B. Judgement 19-MAY-16 Yes Sindh Public Property (Removal of Encroachment) Act (V of 1975)--- ----Ss.3 & 4---Specific Relief Act (I of 1877), Ss. 42, 54 & 55---Suit for declaration, perpetual and mandatory injunction---Contention of plaintiff was that he was in occupation of suit plot for the last 20 years and had raised Pacca construction of a residential house on one portion and on the other he was doing business---Notice under S. 3 Sindh Public Property (Removal of Encroachment) Act, 1975 to the plaintiff who apprehended that either, he would be forcibly evicted or the plot would be auctioned and filed suit for declaration, permanent and mandatory injunction against the authorities---Authorities had denied all the averments in the plaint and stated that the plaintiff had illegally encroached upon the suit plot and raised construction thereon unauthorizedly---Trial Court decreed suit filed by the plaintiff, and appellate court in appeal set aside judgment passed by the Trial Court---Validity---Plaintiff had failed to prove any assertion from the plaint about his lawful right under any statute for regularization of the suit plot by Karachi Development Authority---Plaintiff had sought regularization of the suit plot in his illegal possession---Plaintiff could not prove that he was in possession of suit plot for 20 years---Even if proved, it was not sufficient to claim legal cover for such occupation; nor it created legal obligation on Karachi Development Authority for conferring title of the suit plot on him---Plaintiff had not produced any of the Rules or Regulations of the Authority to show that the possession on land for 20 years was enough to confer on him legal status for occupation of suit plot---Show-cause notice, impugned through suit by the plaintiff, was supposed to be replied by the plaintiff within three days by way of review application in terms of S.4 of the Sindh Public Property (Removal of Encroachment) Act, 1975 which he neither complied nor removed encroachment and straightway filed suit in response to show-cause notice within 10 days---Plaintiff filed suit without showing his own entitlement to any legal character to the plot---Suit filed by the plaintiff was not maintainable and the plaintiff was guilty of abusing the process of court---Courts of law, were not supposed to help the illegal occupants to perpetuate their possession on the Government land, which possession was even protected by the inaction of the officials of the Authority---Rules, Regulations and the law relevant for the disposal of the State property should have been followed in letter and spirit by the Authority---Appellate court below had rightly reversed the findings of the Trial Court declaring that notice issued under S.3 of the Sindh Public Property (Removal of Encroachment) Act, 1975 by Karachi Development Authority (KDA) against encroachment by the plaintiff, was not illegal and unlawful and held to have been issued lawfully---Revision application was dismissed and cost of Rs.200,000 was imposed on the plaintiff for illegal occupying Government land for 35-40 years including 26 years in courts---Authority was also directed to deposit cost of Rs.100,000 on account of their willful inaction for 16 years, which had resulted in damaging the image of judiciary---Order accordingly. [Paras. 1, 2, 3, 4, 6, 7, 8, 9, 10 & 12 of the judgment] Hon'ble Mr. Justice Nazar Akbar
113 2017 CLC 1406 R.A (Civil Revision) 52/2009 (S.B.) Sindh High Court, Karachi 2009 Abdul Hakeem (Applicant) VS Ameenuddin Since Deceased Through his Legal Heirs (Respondent) S.B. Order 03-NOV-16 Yes Civil Procedure Code (V of 1908)--- ----S. 115 & O. VII, R. 11---Specific Relief Act (I of 1877), S.9---Suit for possession of immovable property---Revision---Competency---Phrase "no appeal lies" in S.115, C.P.C."---Scope---Plaint was rejected by Trial Court but Appellate Court converted the suit for declaration and permanent injunction into a suit for recovery of possession---Validity---Law had specifically barred an appeal against the dismissal of suit under S.9 of Specific Relief Act, 1877---Revision against the impugned appellate order was not maintainable as appeal had been barred by law---Revisional Court could not find any jurisdictional defect in the order passed by the appellate court when appeal was barred by law---Revision would lie when no appeal lay---Phrase "no appeal lies" in S.115, C. P. C could not be equated with the phrase "no appeal shall lie" used in S.9 of Specific Relief Act, 1877---Right and entitlement of the parties could not be determined in the suit under S.9 of Specific Relief Act, 1877---Lawful claimant could file a civil suit for his title and recovery of possession thereof---Revision was dismissed in circumstances. Hon'ble Mr. Justice Nazar Akbar
114 2015 MLD 1598 Const. P. 1275/2011 (S.B.) Sindh High Court, Karachi 2011 Syed Zafar Abbas Jafri (Petitioner) VS Syed Abida Sultana & Others (Respondent) S.B. Judgement 30-APR-15 Yes Sindh Rented Premises Ordinance (XVII of 1979)--- ----S. 14 (3) & 15---Civil Procedure Code (V of 1908), O. I, R. 10----Constitution of Pakistan, Art. 199---Eviction petition---Parties to suit---Impleading of necessary party in ejectment proceedings---Intervener mala fides of---Petitioner, in post-remand proceedings, filed application under O. 1, R. 10, C.P.C. in ejectment proceedings on ground that as tenancy agreement was executed between respondents/landlord and tenant through the petitioner being attorney of the landlord, he had interest in ejectment proceedings and being intervener was to be impleaded as proper and necessary party in the proceedings for effectual and complete adjudication of ejectment petition---Landlord had revoked said power of attorney due to misuse of powers by petitioner---Trial court dismissed said application holding that Intervener/petitioner had no right or interest in the matter and the application was filed only to linger on the matter to harass landlord and to waste time of the court---Appellate court upheld the order of the Rent Controller---Ejectment application was accepted both by Rent Controller and appellate court---Contention raised by petitioner was that he had obtained possession of rented property from tenant and was still in possession---Validity---Petitioner had been unlawfully and illegally interfering in affairs of rented property, and caused prolonged delay in ejectment of tenant despite court ejectment orders---Petitioner, in the previously filed petitions, had specifically been declared not to be owner of rented property, but through the present petition he had frustrated the ejectment orders of courts below by obtaining injunctive order against concurrent findings of courts below on pretext of dismissal of his application under O. I, R. 10, C.P.C.---Petitioner had malafidely caused more than six years delay in execution of ejectment order by abuse of process of court---Such was mala fide and illegal interference of a stranger into rented property in ejectment proceedings---Petitioner had neither claimed possession of rented property nor had he the right to obtain the same from tenant---Landlord was entitled to the fruits of ejectment orders and whosoever was in possession of rented property was to be removed---High Court dismissing the present petition ordered that possession of rented property to be handed over to the landlord---Constitutional petition was dismissed with cost. Hon'ble Mr. Justice Nazar Akbar
115 2017 YLR 169 Const. P. 453/2010 (S.B.) Sindh High Court, Karachi 2010 Syed Tahawar Husain Kazmi (Petitioner) VS VIIth Addl: District Judge District South &Ors (Respondent) S.B. Judgement 27-MAR-17 Yes Constitution of Pakistan--- ----Art. 199---Constitutional jurisdiction of High Court ---Scope---Factual controversy---Findings of facts settled by Trial and Appellate Courts---Mis-reading and non-reading of evidence---Interference in findings of fact by High Court in its Constitutional jurisdiction---Scope---In case of clear mis-reading and non-reading of documentary evidence such that it was obvious that if the mis-read or the evidence not read by the courts, was taken into consideration, conclusion drawn by courts below could be reversed, then such findings of facts could be interfered with by the High Court in its Constitutional jurisdiction. Hon'ble Mr. Justice Nazar Akbar C.P.293-K/2017 Syed Tahawar Hussain Kazmi (decd) thr. his L.Rs v. VIIth Additional District Judge, (South) Karachi and others Before Supreme Court of Pakistan Disposed Disposed of
116 2018 YLR 848 Suit 381/2003 (S.B.) Sindh High Court, Karachi 2003 Mall Nigran Welfare Association (Plaintiff) VS Government of Sindh and others (Defendant) S.B. Judgement 19-JAN-18 Yes Societies Registration Act (XXI of 1860)--- ----Ss.1 & 20---Specific Relief Act (I of 1877), Ss.12, 42 & 54--- Suit for specific performance of agreement to sell, declaration and injunction--- Power of court--- Aims and objects of society--- Plaintiff, a welfare association sought direction to authorities to allot plots to its members in new Sabzi Mandi--- Validity--- Civil Court could not pass discretionary decree of specific performance in favour of group of dubious / unidentified plaintiffs in respect of an unidentified immovable property on payment of an unidentified price/sale consideration against defendants who were neither owners nor authorized to sale any immovable property--- Aims and objects of plaintiff association appeared to be only an eyewash or an attempt to defraud statute namely Societies Registration Act, 1860--- For the last 20 years not a single Dispensary or Health Center was established by the plaintiff, therefore, plaintiff association even if it was formed for the 'purpose' described in S.20 of Societies Registration Act, 1860, had failed to take any step in furtherance of its aims and objects--- All other aims and objects of plaintiff were of general utility and did not construe to be an object for any of the 'purpose' for which S.20 of Societies Registration Act, 1860 had been enacted--- Suit was not filed to protect and/or promote aims and objects of plaintiff association--- Objects of association/society which were inconsistent with the provision of S.20 of Societies Registration Act, 1860, were inoperative and had no legal consequences---Plaintiff Association was not entitled to any relief and suit was not maintainable---Suit was dismissed in circumstances. Hon'ble Mr. Justice Nazar Akbar
117 2019 CLC 1557 Const. P. 631/2010 (S.B.) Sindh High Court, Karachi 2010 Shamim Begum (Petitioner) VS Azizul Hasan Khan & Ors (Respondent) S.B. Judgement 08-FEB-19 Yes Sindh Rented Premises Ordinance (XVII of 1979)--- ----Ss. 15 & 18---Ejectment of tenant---Change of ownership---Denial of relationship of landlord and tenant by the tenant---Default in payment of rent---Expression "or by such other mode" in S.18, Sindh Rented Premises Ordinance, 1979---Scope---Agreement of sale---Scope---Landlord purchased demised premises through sale agreement and requested the tenant for payment of rent to him---Tenant did not pay rent to the new owner---Eviction petition was moved for personal use and on the ground of default in payment of rent---Contention of tenant was that she had purchased the demised premises from its previous owner through agreement of sale---Eviction petition was accepted concurrently---Validity---Previous Landlord had an agreement of sale and registered general power of attorney in his favour executed by the original owner---Landlord had even authority to sell and mortgage the demised premises on the basis of registered irrevocable general power of attorney---Tenant had only an agreement of sale the execution of which had been denied by the original owner---Tenant had not filed suit for specific performance of agreement to sell to get such denial declared false and got her title perfected through due process of law---Agreement to sell in favour of tenant had been disputed by the original owner of demised premises---Landlord had discharged his burden to prove the relationship of landlord and tenant---Tenancy on service of notice under Section 18 of Sindh Rented Premises Ordinance, 1979 on the tenant was created by operation of law---Landlord was entitled to claim eviction of tenant on the ground of default as well as personal need---Use of phrase "or any other mode" in Section 18 of Sindh Rented Premises Ordinance, 1979 in favour of new owner did cover transfer of property by registered irrevocable power of attorney duly registered with Registrar of property when such power was coupled with sale agreement showing consideration---When tenant had claimed ownership on the basis of mere sale agreement and he/she had failed to establish the same then default stood proved in favour of landlord---Tenant was directed to vacate the demised premises within thirty days---Constitutional petition was dismissed in circumstances. Rahmatullah vs. Ali Muhammad and another 1983 SCMR 1064 and Iqbal and 6 others v. Mst. Rabia Bibi and another PLD 1991 SC 242 distinguished. Hon'ble Mr. Justice Nazar Akbar(Author) C.P.213-K/2019 Shamim Begum v. Aziz-ul-Hassan Khan and others Before Supreme Court of Pakistan Disposed Dismissed as Withdrawn
118 2019 CLC 1266 Const. P. 2036/2016 (S.B.) Sindh High Court, Karachi 2016 Salim Ahmed & Another (Petitioner) VS Nasim Imtiaz and Others (Respondent) S.B. Judgement 18-DEC-18 Yes Sindh Rented Premises Ordinance (XVII of 1979)--- ----Ss. 15 & 21---Constitution of Pakistan, Arts. 4 & 23---Eviction of tenant---Bona fide personal need of landlord for business---Scope---Invocation of extra-ordinary constitutional jurisdiction of High Court after availing remedy provided under the relevant-law---Scope---Petitioner/tenant contended that respondent/landlord also owned other properties, through inheritance, to start his business---Validity---Filing of constitutional petition by tenant to delay his/her eviction was deprecated by High Court---High Court while seizing petition under Art. 199 of the Constitution against the judgment of Court or Tribunal of lower jurisdiction could not superimpose its opinion, merely because in its opinion the decision of Tribunal/Court was wrong---Fundamental right of a party guaranteed under Art. 23 of the Constitution could not be sacrificed against the party who had already exhausted his constitutional protection under Art. 4 of the Constitution by availing the remedy provided under the relevant law---High Court directed the petitioner to vacate the demised property within thirty days---Constitutional petition was dismissed accordingly. Hon'ble Mr. Justice Nazar Akbar(Author) C.P.84/2019 Salim Ahmed & another v. Nasim Imtiaz & others Before Supreme Court of Pakistan Disposed Dismissed
119 2019 PLD Sindh 247 M.A. 25/2014 (S.B.) Sindh High Court, Karachi 2014 Mst. Neelam Ashfaq (Appellant) VS Ghulam Hussain (Respondent) S.B. Judgement 23-NOV-18 Yes Succession Act (XXXIX of 1925)--- ----Ss. 278 & 372---Succession proceedings before District Judge---Objection by objector---Undetermined claim---Amount claimed by objector released to him by the court---Legality---Objector in question was neither a legal heir nor he had any decree of court in his favour---Objector had an undetermined claim which was not supposed to be entertained by the High Court---Order in respect of moveable and immoveable properties of a deceased was transfer of both the debts and security from a dead person to his legal heirs---If anything was liable to be recovered from the deceased, the same may be recovered from the legal heirs provided such claim was determined by a court of law against the legal heirs---Court seized of a succession petition was not supposed to attach a huge amount of succession in favour of an objector who had not even filed any suit for recovery of said amount---Impugned order had been passed by the court below beyond its jurisdiction, therefore, the same to the extent of attachment/release of Rs.30,00,000 was void---High Court directed the Nazir of the Court to hand over the said amount to the legal heirs as per their share already determined in the succession proceedings---Appeal was disposed of accordingly. Hon'ble Mr. Justice Nazar Akbar(Author)
120 2018 CLC 1676, 2018 CLD 1237 Suit 1644/2013 (S.B.) Sindh High Court, Karachi 2013 Sheikh Muhammad Javaid (Plaintiff) VS Sartaj Saqlain and others (Defendant) S.B. Judgement 17-FEB-18 Yes (a) Specific Relief Act (I of 1877)--- ----S. 12---Qanun-e-Shahadat (10 of 1984), Arts. 17 & 79---Limitation Act (IX of 1908), Art. 113 & S. 22---Civil Procedure Code (V of 1908), O. I, R. 10---Companies Ordinance (XLVII of 1984), Ss. 290 & 309---Suit for specific performance of contract---Impleadment of party during pendency of suit---Limitation, commencement of---Agreement to sell by the Directors of a private limited company---Effect---Document---Proof---Procedure---Private limited company was impleaded as one of the defendants during pendency of suit on 07-09-2015---Suit against the said defendant was to be deemed to have been instituted from the date when company was impleaded as defendant---Plaintiff had stated in the plaint that cause of action had accrued on 26-08-2011---Present suit was time barred against newly impleaded defendant private limited company---Remaining defendants were not owners of the suit property---Suit to compel the said defendants to execute sale in favour of plaintiff was not maintainable---Plaintiff was bound to prove execution of agreement to sell with the lawful owner of suit property---Alleged agreement to sell was not executed by the company or any duly authorized person by the company in accordance with law---Managing Directors of a company had to act on the basis of authorization by the Board of Directors of company or on the basis of its Articles of Association---Even plaint/suit on behalf of a company could not be filed by the Director of a company for its benefit without proper authorization---Nothing was on record with regard to any meeting of the company to propose sale of its property---Even sale consideration was not paid to the company---Immovable property owned by a private limited company could not be sold by its Director---Suit property remained to be the property of company in the record of Security and Exchange Commission of Pakistan---Documents including alleged agreement to sell appeared to be forged and fabricated---Even legal heirs of Director of company could not step into the shoes of Director on his/her death to deal with the assets of a private limited company---Suit property belonged to a private limited company and possession of plaintiff on the suit property was result of fraud and mismanagement of the assets of private limited company---Plaintiff had not produced any of the marginal witnesses of agreement to sell and payment receipts---Photocopy of document was inadmissible in evidence---Business of registered company was to be transacted through Bank account held by the said company---Any transaction by or between the third party with any person who was even Director of company could not be treated as transaction binding on the company itself---Plaintiff had failed to establish contract with the lawful owner of suit property---Plaintiff had made attempt to misuse the process of court on the basis of forged documents---Court was bound to protect such immovable property owned by the company---Company had abandoned its business and its property should be dealt with in accordance with law---Suit property could only be protected or disposed of by winding-up of the company for the benefits of its affectees, if any---Security and Exchange Commission of Pakistan was directed to initiate proceedings against the company and wind-up the same---Nazir of the High Court was directed to inspect the suit property and take over possession of entire suit property till final order by the Court---Member Inspection Team was directed to examine affidavit filed by the plaintiff in his examination-in-chief on oath and file a complaint against him if any case was made out---Suit was dismissed in circumstances. Bashir Dawood v. Haji Suleman Goawala and Sons Ltd. and others 2010 CLC 191 rel. Hon'ble Mr. Justice Nazar Akbar
121 2020 CLC Note 25 Civil Revision 40/2001 (S.B.) Sindh High Court, Bench at Sukkur 2001 Shamsuddin and others (Applicant) VS Abdul Jabbar & another (Respondent) S.B. Judgement 03-OCT-19 Yes Islamic law--- ----Pre-emption suit--- Talbs, performance of--- Requirements---Plaintiffs had failed to produce two witnesses of the occasion/event when they came to know that defendants had sold or they were about to sell their property and plaintiffs raised their right of pre-emption against the defendants---Plaintiffs were required to produce two witnesses of Talb-i-Ishhad but they had not produced the second witness nor had mentioned second witness in their claim of pre-emption---Plaintiffs had failed to prove their right of pre-emption, in circumstances---Revision was dismissed accordingly. [Paras. 7, 8, 9 & 10 of the judgment] Hon'ble Mr. Justice Nazar Akbar(Author)
122 Judicial Companies Misc. 33/2017 (S.B.) Sindh High Court, Karachi 2017 Mozaffar Islam & another. (Applicant) VS Dilkusha Enterprises (Pvt.) Ltd. & others. (Respondent) S.B. Order 27-MAY-21 Yes Hon'ble Mr. Justice Nazar Akbar(Author)
123 2020 CLC 1720 F.R.A 31/2016 (S.B.) Sindh High Court, Karachi 2016 Dr.Muhammad Hassan (Appellant) VS Additional Controller of Rents & others (Respondent) S.B. Judgement 06-MAR-20 Yes (a) Cantonments Rent Restriction Act (XI of 1963)--- ----S.3---Rent Controller---Jurisdiction---Government building---Neither any other Court nor parties can confer jurisdiction on a Court / Tribunal when it is expressly barred by Cantonment Rent Restriction Act, 1963. (b) Jurisdiction--- ----Question of---Principle---Whenever question of jurisdiction of a Court is raised by any party it has to be decided first by the Court as preliminary issue. A.M Qureshi v. Government of Sindh and others 1991 SCMR 1103 rel. (c) Jurisdiction--- ----Interim order, passing of--- Principle--- Court having no jurisdiction to adjudicate on dispute between parties on merit, cannot even pass interim order and then penalize parties for its non-compliance. (d) Cantonments Rent Restriction Act (XI of 1963)--- ----Ss.3, 17, 19(8) & 24--- Constitution of Pakistan, Arts. 10-A & 23---Eviction of tenant---Property rights---Rent Controller, jurisdiction of---Petitioners were having lease agreements in their favour executed by Federal Government and the Government sought their eviction from Rent Controller on the plea of raising commercial buildings---Validity---Tenants had perpetual right in demised shops under the agreements with Federal Government and whenever the government decided to launch any commercial project by demolishing the property in question, the rights of tenants under existing agreement were to be protected and no effort should be made to wriggle out of the contractual obligations except in accordance with law---Tenants were to be properly informed with relevant material details of any proposed action---Landlord had filed cases in the Court of Additional Rent Controller despite the fact that he had no jurisdiction and then tried to subvert entire trial in the name of S. 19(8) of Cantonments Rent Restriction Act, 1963 which was a mala fide attempt to deprive tenants from their Constitutionally guaranteed lawful right in demised shops---High Court in exercise of appellate jurisdiction set aside eviction orders passed by Rent Controller---Appeal was allowed in circumstances. Suo moto Case No.04 of 2010 PLD 2012 SC 553; Inaam-ul-Haq v. Muhammad Ali Shaheen and another 2013 CLC 904; Sh. Riaz-ul-Haq and another v. Federation of Pakistan through Minisry of Law and others PLD 2013 SC 501; Zulfiqar Ahmed khan v. Station Commander, Station Headquarters, Karachi and another 2010 CLC 354 and Ghulam Mustafa Bughio v. Additional Controller of Rents, Clifton and others" 2006 SCMR 145 ref. M.H Mussadaq v. Muhammad Zafar Iqbal 2004 SCMR 1453; Khawaja Muhammad Mughees v. Mrs. Sughra Dadi 2001 SCMR 2020; Asif Najma Ansaizi v. Mrs. Mariam Mirza and another 2014 MLD 1304; Arif Lakhani v. Irfan Nazar and another 2014 CLC 1756; Uzma Construction Co. v. Navid H. Malik 2015 SCMR 642; Muhammad Saqib v. S.M Mushtaq 2015 YLR 723; Mian Muhammad Lateef v. Mst. Nasima Warsi through L.R 2009 CLC 279; Najma Aziz Sethi v. Muhammad Azeem Butt 2008 MLD 42; Dawood Khan through Attorney v. Sheraz Ahmed 2009 YLR 1238; Zulfiqar Ahmed Khan v. Station Commander, Station Headquarters, Karachi an another 2010 CLC 354; M.K. Muhammad and another v. Muhammad Abu Bakar 1993 SCMR 200; Mrs. Ghazala Iftikhar v. Controller/Additional Controller of Rents and another 2012 YLR 74 and Abdul Latif and another v. Messrs Parmacie Plus 2019 SCMR 627 distinguished. Hon'ble Mr. Justice Nazar Akbar(Author)
124 Const. P. 1366/2020 (D.B.) Sindh High Court, Circuit at Hyderabad 2020 Mst Aisha & another (Petitioner) VS P.O Sindh & Others (Respondent) D.B. Order 12-JAN-21 Yes Hon'ble Mr. Justice Nazar Akbar(Author)
125 II.A. 68/2012 (S.B.) Sindh High Court, Circuit at Hyderabad 2012 Ch. Azeem Ahmed (Appellant) VS Civil Judge, Tando Allahyar (Respondent) S.B. Order 11-JAN-21 Yes Hon'ble Mr. Justice Nazar Akbar(Author)
126 2020 MLD 1523 Const. P. 1178/2019 (S.B.) Sindh High Court, Karachi 2019 Abdul Hayee S/o Allah Bux Dhamrah (Petitioner) VS Mst. Haleema and another (Respondent) S.B. Order 19-FEB-20 Yes Family Courts Act (XXXV of 1964)--- ----Ss. 17-A & 14---Suit for maintenance---Interim order---Scope---Petitioner assailed by Constitutional petition, order passed by Judge Family Court whereby he, on an application under S.17-A of Family Courts Act, 1964, was directed to pay maintenance to the respondent/wife till she rejoined him---Validity---Interim order was not an appealable order---Legislature, while denying the appeal against interim order, did not mean that the aggrieved person could approach the High Court under Art.199 of the Constitution and against final order could file an appeal before the court subordinate to the High Court---Entertaining a constitutional petition in ordinary case against interim order, which was neither without jurisdiction nor contrary to law, would defeat the very purpose of not providing appeal against interim order---Aggrieved party had to wait for final order and after final order, he could impugn both the interim and final order in appeal before the appellate court---Constitutional petition was dismissed. Hon'ble Mr. Justice Nazar Akbar(Author)
127 Const. P. 607/2019 (S.B.) Sindh High Court, Karachi 2019 Abdul Hameed Asghar Thr. Mehmood Asghar (Petitioner) VS Learned Vth ADJ, Khi East and another (Respondent) S.B. Order 13-FEB-20 Yes Hon'ble Mr. Justice Nazar Akbar(Author)
128 2020 MLD 905 Criminal Appeal 390/2017 (S.B.) Sindh High Court, Karachi 2017 REHMATULLAH REHAN S/O LATE ABDUL REHMAN (Appellant) VS MUHAMMAD ZIAUDDIN & ANOTHER (Respondent) S.B. Judgement 26-MAR-19 Yes (a) Penal Code (XLV of 1860)--- ----Ss. 500 & 501---Criminal Procedure Code (V of 1898), Ss.200 & 201---Appreciation of evidence---Benefit of doubt---Defamation---Private complaint---Accused-appellant was convicted and sentenced to fine on the basis of moving false complaints and publishing pamphlets with defamatory words against the respondents---Complainant produced two witnesses including his brother in support of his claim---Record showed that Trial Court, after recording statement of accused under S. 342, Cr.P.C. and hearing final arguments, without assigning any reason, instead announcing order on merit, restarted the trial and issued process for evidence to the Additional Collector as court witness---Trial Court, after recording statement of court witness, recorded statement of accused under Ss.342 & 340(2), Cr.P.C. second time---Accused, after second statement under S.342, Cr.P.C. had examined himself on oath and had produced documents showing character of the complainant---Record showed that Trial Court failed to appreciate that even complainant's own brother had not supported him---Trial Court misinterpreted the evidence with reference to the burden of proof in criminal cases---Record did not show that the complainant had by way of rejoinder affidavit denied the contents of counter affidavit of officials containing the allegation of blackmailing and harassment by the complainant and, therefore, it ought to have been accepted as admitted document about a truth---Trial court failed to appreciate that the complainant was not aggrieved by derogatory remarks on oath against him---If such remarks did not cause any defamation to the complainant then how a letter written to any government functionary, which had not been conveyed to the complainant, would have caused any injury to the complainant---Trial Court clearly favoured the complainant when he convicted the accused and sentenced him to pay fine of Rs. 100,000/- as punishment and further ordered that fine be paid to the complainant---Trial Court had no authority to handover the amount of fine to the complainant---Amount of fine imposed as punishment had to be deposited by court through its ministerial office in the government treasury---Circumstances established that complainant failed to prove his claim---Appeal was allowed and accused was acquitted by setting aside the conviction and sentence recorded by the Trial Court. (b) Criminal trial--- ----Burden of proof---Scope---Burden is never shifted on accused unless the prosecution evidence is found to have proved the commission of offence beyond a reasonable doubt. Hon'ble Mr. Justice Nazar Akbar(Author) Crl.A.14-K/2019 Muhammad Zia-ud-Din v. Rehmatullah Rehan and another Before Supreme Court of Pakistan Pending Dismissed for Non-Prosecution
129 Cr.Rev 21/2020 (D.B.) Sindh High Court, Circuit at Hyderabad 2020 ALI ASGHAR (Applicant) VS ANTI TERRORISM JUDGE MPK (Respondent) D.B. Order 12-JAN-21 Yes Hon'ble Mr. Justice Nazar Akbar(Author), Hon'ble Mr. Justice Khadim Hussain Tunio(Author)
130 2020 YLR 2418 II.A. 97/2018 (S.B.) Sindh High Court, Karachi 2018 Zulfiqar Ali Sheera Through His Attorney (Appellant) VS Shaukat Ali & Other (Respondent) S.B. Order 10-MAR-20 Yes Civil Procedure Code (V of 1908)--- ----O. XXIII, R. 3---Specific Relief Act (I of 1877), Ss. 42 & 54---Suit for declaration and permanent injunction---Appeal--- Compromise--- Suit was dismissed concurrently against which appeal had been preferred---Defendants had filed compromise application with the request to decree the suit against them on their admission of claim of the plaintiff--- Validity--- Compromise application with the clause of two months' time to be given to defendants to vacate suit property from the date of order on the said application had been filed---Two months' time to vacate suit property by the defendants had already expired prior to filing of present application---Terms and conditions of compromise should have already been complied with by the parties during the period of pendency of proceedings---Condition of order of the Court on such compromise was absurd---Decree for disposal of suit/appeal on compromise would not serve the purpose---Appeal on such compromise had become infructuous, in circumstances---Alleged compromise was one sided and contrary to the record and conduct of appellant---Compromise application was dismissed, in circumstances and counsel for the appellant was directed to address the court on merit of the case on the fixed date. Peer Dil and others v. Dad Muhammad 2009 SCMR 1268 rel. Hon'ble Mr. Justice Nazar Akbar(Author)
131 Const. P. 787/2020 (D.B.) Sindh High Court, Circuit at Hyderabad 2020 Dr. Mubeenuddin & others (Petitioner) VS Khurram Shahzad & others (Respondent) D.B. Order 13-JAN-21 Yes Hon'ble Mr. Justice Nazar Akbar, Hon'ble Mr. Justice Khadim Hussain Tunio(Author)
132 2021 PLD Sindh Note 67 M.A. 31/2019 (S.B.) Sindh High Court, Karachi 2019 M/s. Mehran Oils (Pvt) Limited (Appellant) VS Oil & Gas Regulatory Authority (Respondent) S.B. Judgement 18-MAY-20 Yes (a) Oil and Gas Regulatory Authority Ordinance (XVII of 2002)--- ----S.12(2)---Appeal---Regulating activity---Scope---When decision is 'concerning a regulating activity' which adversely affects licensee, the aggrieved licensee can approach High Court as no other adequate remedy is provided in Oil and Gas Regulatory Authority Ordinance, 2002 to deal with such decision of Authority. (b) Oil and Gas Regulatory Authority Ordinance (XVII of 2002)--- ----Ss. 12(2) & 45---Pakistan Oil and Gas (Refining, Blending, Transporting, Storage and Marketing) Rules, 2016, R. 12(1)(c), Schedule-V, Part-A---Appeal---Existing blending plant---Phrase 'notwithstanding anything contained in the Ordinance'---Scope---Appellant was running lube and oil blending plant prior to promulgation of Oil and Gas Regulatory Authority Ordinance, 2002---Appellant assailed letter issued by Oil and Gas Regulatory Authority imposing additional conditions on its licence---Validity---Use of phrase 'notwithstanding anything contained in the Ordinance' and its repetition in relevant Rule of Pakistan Oil and Gas (Refining, Blending, Transporting, Storage and Marketing) Rules, 2016, indicated that decision and direction contained in letters in question were not applicable to appellant who fell within the category of existing operations/existing blending plants which were in field before commencement of Oil and Gas Regulatory Authority Ordinance, 2002---Non-obstante clause was repeated by Pakistan Oil and Gas (Refining, Blending, Transporting, Storage and Marketing) Rules, 2016,making the Authority while making Rules in exercise of powers conferred on the Authority wherever it referred to the existing lubricant blending plant, which amounted to acknowledgement of the Authority that Oil and Gas Regulatory Authority Ordinance, 2002 and Pakistan Oil and Gas (Refining, Blending, Transporting, Storage and Marketing) Rules, 2016, would not affect or apply on existing Lube Oil blending plant---High Court refrained the Authority from applying additional condition on the licensees to whom licences were granted under R.13 of Pakistan Oil and Gas (Refining, Blending, Transporting, Storage and Marketing) Rules, 2016, including appellant as they were already carrying out regulated activities of running lube oil blending plants immediately before commencement of Pakistan Oil and Gas Regulatory Authority Ordinance, 2002, and requirement of Part-A of Schedule-V of R. 12 (1)(c) of Oil and Gas (Refining, Blending, Transporting, Storage and Marketing) Rules, 2016,were not enforceable against them---Appeal was allowed in circumstances. Hon'ble Mr. Justice Nazar Akbar(Author)
133 2020 PCr.LJ 451 Criminal Appeal 163/2011 (S.B.) Sindh High Court, Karachi 2011 Jalaldin (Appellant) VS The State & another (Respondent) S.B. Order 21-MAY-19 Yes Penal Code (XLV of 1860)--- ----S. 320---Qatl-i-khata by rash or negligent driving---Criminal liability of the owner of vehicle---Scope---Owner of the vehicle involved in the accident was real brother of the absconding accused, the driver of the vehicle---Police officer conceded that the owner of vehicle involved in the road accident case is also supposed to be impleaded along with driver of the vehicle, who was charged under S. 320, P.P.C.---Investigating Officer, in the present case, had neither verified the license of the absconding driver nor the owner of the vehicle was joined as co-accused---High Court directed the police to ensure that in all pending cases under S. 320, P.P.C. after examination of police papers and investigation, where case was made out, owners of the vehicles involved in the accident should also be charged as co-accused. Atta Muhammad v. The State 2005 PCr.LJ 1648 rel. Hon'ble Mr. Justice Nazar Akbar(Author)
134 Const. P. 2589/2021 (D.B.) Sindh High Court, Karachi 2021 Saddique Ali Laghari (Petitioner) VS Fed. of Pakistan and Others (Respondent) D.B. Order 20-MAY-21 Yes Hon'ble Mr. Justice Nazar Akbar(Author), Hon'ble Mr. Justice Muhammad Faisal Kamal Alam C.P.3389/2021 Saddique Ali Laghari v. The Federation of Pakistan through Chairman NAB, Islamabad and others Before Supreme Court of Pakistan Disposed Dismissed as Not Pressed
135 2016 PLD Sindh 521 Criminal Appeal 342/2004 (S.B.) Sindh High Court, Karachi 2004 Muhammad Yaseen (Appellant) VS The State (Respondent) S.B. Order 03-NOV-16 Yes Penal Code (XLV of 1860)--- ----S. 320---Criminal Procedure Code (V of 1898), Ss. 340(2) & 342---Qatl-i-Khata by rash or negligent driving---Appreciation of evidence---Di'yat, non-awarding of---Accused was allegedly driving vehicle rashly and negligently and as a result, accident took place and six people lost their lives while fourteen were injured---Trial Court convicted the accused and sentenced him for five years imprisonment but did not order payment of Di'yat amount---Validity---Accused in order to disprove allegation of rash and negligent driving should have made a statement on oath under S.340(2), Cr.P.C.---Accused, in his statement under S.342, Cr.P.C., was unable to make any explanation as to why evidence had come on record against him---Trial Court rightly convicted the accused but should have added punishment of payment of Di'yat to legal heirs of each deceased---Trial Court in view of the use of word 'shall' in S.320,P.P.C. had no option to avoid ordering payment of Di'yat to legal heirs of deceased while convicting accused---High Court maintained the conviction but modified the sentence and included payment of Di'yat to legal heirs of the deceased person by the accused---Appeal was dismissed accordingly. Hon'ble Mr. Justice Nazar Akbar
136 Suit 1928/2016 (S.B.) Sindh High Court, Karachi 2016 Mr. Mehtab Tahir Niazi (Plaintiff) VS M/s Al-Qasmia Properties & others (Defendant) S.B. Judgement 04-AUG-21 Yes Hon'ble Mr. Justice Nazar Akbar(Author) C.P.445/2023 Khawaja Muhammad Awan v. Government of Sindh through its Secretary Home, Sindh Secretariat, Karachi and others Before Supreme Court of Pakistan Pending
137 Const. P. 1528/2020 (D.B.) Sindh High Court, Bench at Sukkur 2020 Aijaz Hussain Jakhrani (Petitioner) VS National Accountability Bureau through its Chairman (Respondent) D.B. Order 16-MAR-21 Yes National Accountability Ordinance, 1999 Hon'ble Mr. Justice Nazar Akbar(Author), Hon'ble Mr. Justice Muhammad Faisal Kamal Alam C.P.3022/2022 Aijaz Hussain Jakhrani v. National Accountability Bureau through its Chairman NAB, HQ, Islamabad and another Before Supreme Court of Pakistan Disposed Converted into Appeal and Allowed
138 Const. P. 2587/2021 (D.B.) Sindh High Court, Karachi 2021 Iltaf Hussain & Ors (Petitioner) VS Fed. of Pakistan and Others (Respondent) D.B. Order 20-MAY-21 Yes Hon'ble Mr. Justice Nazar Akbar(Author), Hon'ble Mr. Justice Muhammad Faisal Kamal Alam C.P.3387/2021 Iltaf Hussain and another v. The Federation of Pakistan through Chairman NAB, Islamabad and others Before Supreme Court of Pakistan Disposed Dismissed as Not Pressed
139 Suit 1279/2017 (S.B.) Sindh High Court, Karachi 2017 Muhammad Nazir Awan. (Plaintiff) VS Imtiaz Fatima Rizvi & another. (Defendant) S.B. Judgement 12-JUL-21 Yes Hon'ble Mr. Justice Nazar Akbar(Author)
140 Spl.Anti.Ter.J.A. 232/2019 (D.B.) Sindh High Court, Karachi 2019 MUHAMMAD JUNAID @ LALOO S/O NOORUL HAQUE (Appellant) VS THE STATE (Respondent) D.B. Judgement 04-NOV-20 Yes Hon'ble Mr. Justice Nazar Akbar, Hon'ble Mr. Justice Zulfiqar Ahmad Khan(Author)
141 Spl.Anti.Ter.A. 308/2019 (D.B.) Sindh High Court, Karachi 2019 MUHAMMAD WASEEM BANDHANI S/O MUHAMMAD RAFIQUE (Appellant) VS THE STATE & ORS (Respondent) D.B. Judgement 26-NOV-20 Yes Hon'ble Mr. Justice Nazar Akbar, Hon'ble Mr. Justice Zulfiqar Ahmad Khan(Author)
142 Spl.Anti.Ter.A. 350/2019 (D.B.) Sindh High Court, Karachi 2019 MUHAMMAD ALI @ LOMRI S/O MUHAMMAD HUSSAIN (Appellant) VS THE STATE (Respondent) D.B. Judgement 22-DEC-20 Yes Hon'ble Mr. Justice Nazar Akbar, Hon'ble Mr. Justice Zulfiqar Ahmad Khan(Author)
143 2015 MLD 61 Suit 923/2010 (S.B.) Sindh High Court, Karachi 2010 ABDUL REHMAN (Plaintiff) VS CHAIRMAN M/S.MARI GAS (Defendant) S.B. Judgement 02-APR-14 Yes (a) Limitation Act (IX of 1908)--- ----Art. 22 & S. 3---Suit for damages---Plaintiff sought damages and compensation for mental torture and harassment caused by the change in medical policy of its employer / defendant---Contention of defendant was that plaintiff retired in the year 2004, and enjoyed medical benefits till 2006, whereafter the medical policy was changed and having filed the suit in 2010, the same was barred by limitation under Art. 22 of the Schedule to the Limitation Act, 1908---Held, that new medical policy was made effective in November, 2006, but the same was declared illegal by the High Court in its constitutional jurisdiction, in the year 2010, and the present suit was filed three months after order of High Court in the said constitutional Petition---Cause of action was therefore continuing and limitation period for filing suit started running from date of order of High Court in constitutional petition---Suit was, therefore, within time and maintainable. (b) Tort--- ----Agony and mental torture---Suit for damages and compensation---Quantum of damages, determination of---Rule of thumb, application of---Obligation of court to determine damages once it was established that plaintiff suffered mental torture---Scope---Once the Trial Court had come to the conclusion that the plaintiff suffered mental torture and agony for which defendant was responsible, the Trial Court had to grant damages as compensation---Such damages were obviously general damages and discretion was to be exercised in justifying the quantum of compensation to plaintiff---Such quantum of damages was to be determined by following the "rule of thumb", and any accurate and definite answer to the question of quantum of damages was not possible---While sufferings of human beings can be appreciated, but the magnitude / impact of mental torture could not be; and therefore, it was humanly impossible to assess a fair compensation to the satisfaction of a person who had complained of injury---Trial Court, even in absence of any method to determine a fair assessment of damage, was still under an obligation to decide an amount of money as compensation keeping in view facts and circumstances placed on record by the injured/plaintiff, to show how tortuous the conduct of the aggressor was and for how long the plaintiff remained under mental stress---While applying the "rule of thumb":, the conscious of the court should be satisfied that the damages to be awarded, if not completely, then satisfactorily compensate the plaintiff. Hon'ble Mr. Justice Nazar Akbar
144 2014 CLC 1372 Const. P. 673/2014 (S.B.) Sindh High Court, Karachi 2014 TANVEER AHMED SHAH (Petitioner) VS RENT CONTROLLER FAISAL CANTT. & ANOTHER (Respondent) S.B. Order 30-MAY-14 Yes Cantonments Rent Restriction Act (XI of 1963)--- ----S. 17---Constitution of Pakistan, Art. 199---Constitutional petition---Non-filing of copy of impugned order---Effect---Ejectment of tenant---Interim order, remedy against---Scope---Impugned orders had not been filed by the petitioner with the Constitutional petition, Court without examining the same could not set aside the order nor maintainability of constitutional petition could be determined---Illegality/irregularity committed by the Trial Court would provide good grounds to the petitioner to strike the final order in appeal---Authenticity of documents could be determined in the light of evidence produced by the parties---Rent Controller was supposed to formulate "points for determinations/issues" after recording of evidence and hearing the parties in the judgment---Petitioner could capitalize irregularities committed in the proceedings in the appeal against the final order---No remedy had been provided against any interim order passed under the Cantonments Rent Restriction Act, 1963---Petitioner had misused the authority of High Court to delay the proceedings of the case---Constitutional petition was dismissed with cost of Rs.10,000 and Rent Controller was directed to decide the matter within a period of four months. Hon'ble Mr. Justice Nazar Akbar
145 2014 PLD 327 Suit 443/2007 (S.B.) Sindh High Court, Karachi 2007 HUMAIR ASSOCIATES BUILDERS PVT. LTD (Plaintiff) VS M/S. CHAPPAL BUILDERS & ORS. (Defendant) S.B. Order 06-NOV-13 Yes Sindh Chief Court Rules (O.S.)--- ----R.14---Civil Procedure Code (V of 1908), S. 151---Inherent powers of High Court---Miscellaneous applications---Maintainability---High Court directed the office to be cautious while receiving applications under 5.151, C.P.C., in pending cases; it was also imperative for court to be vigilant and very careful in exercising inherent jurisdiction under S.151., lest it should not be "advancing" instead of "preventing" abuse of process of court---Office while referring miscellaneous applications to Judges in terms of second proviso to R.14 of Sindh Chief Court Rules (O.S.) was directed to ensure scrutiny of each and every application under S.151, C.P.C. filed in any civil suit before placing the same in court for order/hearing---High Court directed the office to examine/scrutinize such applications bearing in mind amongst. other at the queries to the effect that as to whether applicant who had involved provision of S.151, C. P. C. was already a party in proceedings or not; that whether prayer in application was relevant to issues between parties and was directed against adverse party in the lis or not and that whether inherent powers sought to be invoked were with respect to the procedural matters or it would affected substantive rights of either party. Hon'ble Mr. Justice Nazar Akbar
146 Cr.Bail 835/2014 (S.B.) Sindh High Court, Karachi 2014 KHURRAM (Applicant) VS LAL MUHAMMAD LAKHO V/S THE STATE (Respondent) S.B. Order 30-MAY-14 Yes Hon'ble Mr. Justice Nazar Akbar
147 2014 CLC 1295 Execution 66/2004 (S.B.) Sindh High Court, Karachi 2004 Sadruddin (Appellant) VS C.V. Laman Bay (Respondent) S.B. Judgement 20-DEC-13 Yes (a) Civil Procedure Code (V of 1908)--- ----O. VI, R. 17---Amendment of execution petition---Applicability of O.VI, R.17, C.P.C.---Scope---Provisions of O.VI, R.17, C.P.C. were not applicable to the execution petition---Amendments should be made for the purpose of determining the real questions in controversy between the parties---No controversy was in existence between the parties---Execution proceedings would start on culmination of controversies between the parties on pronouncement of judicial order---Contents of execution petition were not pleadings as applicant could not write anything in the application from his own sweet will nor could plead anything even if it was left undetermined by the court in the judgment---Execution petition was a pro forma and it had to be filled by the applicant in accordance with the statement of decree which in itself was a "formal expression of adjudication"---Neither execution petition could be treated as "pleadings" nor courts were empowered to amend the contents of the same during the process of achieving the satisfaction of a decree---Execution petition on amendment would not continue to be in conformity with the decree on court file---Authority of Executing Court was limited---Such court could not go beyond the decree---Order on an amended execution application would amount to going beyond the decree---Executing Court had no authority to amend an execution application and pass orders on such amended execution petition and ignore the decree---Power of court in terms of provisions of O.VI, R.17, C.P.C. was not available to the Executing Court---Application for amendment in execution application was dismissed in circumstances. (b) Civil Procedure Code (V of 1908)--- ----O. VI, R.1---"Pleadings"---Meaning---"Pleadings" would mean plaint or written statement. (c) Civil Procedure Code (V of 1908)--- ----O. XX, R. 6 & S. 2 (2)---Decree, contents of---Scope---Decree was formal expression of an adjudication which conclusively determined the rights of parties with regard to all or any of the matters in controversy in the suit---Contents of decree were compulsorily required to "agree with the judgment". Hon'ble Mr. Justice Nazar Akbar
148 2014 PCr.LJ 1265 Cr.Bail 378/2014 (S.B.) Sindh High Court, Karachi 2014 IMTIAZ KHAN (Applicant) VS THE STATE (Respondent) S.B. Order 21-MAY-14 Yes (a) Criminal Procedure Code (V of 1898)--- ----S. 497(2)---Penal Code (XLV of 1860), Ss. 302, 324, 147, 148, 149, 427 & 504---Qatl-e-amd, attempt to commit qatl-e-amd, rioting, rioting armed with deadly weapons, unlawful assembly, mischief causing damage to the amount of fifty rupees, intentional insult with intent to provoke breach of peace---Bail, grant of---Further inquiry---Tribal enmity--- Cross-version F.I.Rs.---Discrepancies in prosecution evidence---Persons belonging to complainant party and accused party both lost their lives during the occurrence---Complainant party contended that deceased from accused party was also killed by their own firing---Validity---Prima facie it was difficult to say that fatal injuries caused to deceased from both sides were caused by one and the same weapon, as the post-mortem report did not suggest the same---Police refused to register cross-version F.I.R. of accused party, and it was only registered subsequently on the directions of Justice of Peace---Refusal of police to register counter-version of accused party, prima facie under the influence of complainant party could not be ruled out---Contents of the mashirnama regarding place of occurrence and dead bodies and the post-mortem report of a victim from the accused party's side gave credence to the counter-version case/F.I.R. of accused party---Another discrepancy in the prosecution story was that mashirnama of dead bodies of deceased from both sides was prepared at the same time and they were sent to the hospital, but body of deceased from accused party's side reached the hospital five hours after the other one---Accused was no more required for further investigation as he had already been remanded to jail custody---Case against accused called for further inquiry into his guilt---Accused was admitted to bail accordingly. (b) Criminal Procedure Code (V of 1898)--- ----S. 497(2)---Bail, grant of---Scope---Heinous crime---Bail could not be refused merely on the ground that accused was involved in a heinous crime, particularly when he had made out a case of further inquiry into his guilt on several counts. Hon'ble Mr. Justice Nazar Akbar Crl.A.405/2014 Ali Sher Khoso v. Imtiaz Khan & another,Crl.P.338/2014 Ali Sher Khoso v. Imtiaz Khan & another Before Supreme Court of Pakistan Disposed ,Disposed Converted into Appeal and Allowed
149 2014 CLC 1006 Suit 1740/2010 (S.B.) Sindh High Court, Karachi 2010 MUHAMMAD ALI ABBAS (Plaintiff) VS SYED HASSAN RAZA RIZVI (Defendant) S.B. Order 28-FEB-14 Yes Civil Procedure Code (V of 1908)--- ----O. VII, R. 11, O. II, R. 2, O. IX, R. 9 & O. XX, Rr.13 & 18---Succession Act (XXXIX of 1925), S.372---Administration suit---Limitation---Fresh suit on same cause of action---Rejection of plaint---Scope---Earlier suit for partition of same property was dismissed for non-prosecution wherein plaintiff was party---Plaintiff should have continued said suit in which claim was identical to the present one---Second suit on same cause of action and subject-matter was hit by the provisions of O.II, R.2 & O.IX, R.9, C.P.C.---Plaintiff was required to seek restoration of his earlier suit within the prescribed time under O.IX, R.9, C.P.C.---Decree under O.XX, R.13, C.P.C. read with O.XX, R.18, C.P.C. in a suit for partition/administration had distinct features---Limitation had estopped once the earlier suit for partition of estate of deceased was filed---Issue of inheritance could not be raised again and again between the same parties---Neither second suit for partition of estate of deceased nor second succession application under S.372 of Succession Act, 1925 could be filed---Plaintiff was not legal heir of the deceased as his mother who was alive at the time of opening of succession had excluded him from the legacy to claim share in the estate---No suit for administration of estate could be filed by someone who was not amongst the legal heirs of deceased at the time of opening of succession to claim anything by way of inheritance---Present suit for administration of estate of grandfather should be dismissed as grandson was not entitled to claim in the estate of grandfather---Mother of plaintiff had died after the death of her both parents and plaintiff had not claimed inheritance on the basis of son of pre-deceased daughter---Plaintiff could not claim anything from the estate of deceased in circumstances---Plaint was rejected accordingly. Muhammad Zahid through Legal Heirs v. Mst. Ghazala Zakir and 7 others PLD 2001 Kar. 83 ref. Aziz Ahmad and others v. Mst. Hajran Bibi and another 1987 SCMR 527; Mst. Khatoon and 3 others v. Siddiq Muhammad and another 1981 CLC 409 Md. Bazlur Rahman v. Syed Ali Pramanik PLD 1967 Dacca 809 rel. Hon'ble Mr. Justice Nazar Akbar
150 2015 CLC 1664 Const. P. 613/2013 (S.B.) Sindh High Court, Karachi 2013 ASADULLAH S/O GHULAM FAROOQ (Petitioner) VS NOOR AHMED & OTHERS (Respondent) S.B. Order 30-APR-15 Yes (a) Sindh Rented Premises Ordinance (XVII of 1979)--- ----S. 16---Constitution of Pakistan, Art.199---Constitutional petition---Maintainability---Relationship of landlord and tenant---Jurisdiction of Rent Controller---Question of fact raised in constitutional petition---Scope---Rent Controller passed order of ejectment of tenant on account of his failure to deposit arrears of rent and appeal against was also dismissed---Tenant assailed the order of Rent Controller and Appellate Court in constitutional jurisdiction on grounds that relationship of landlord and tenant was disputed and suit for specific performance of agreement to sell was pending; that delay in deposit of rent was on account of miscalculation and that it had been deposited immediately after passing of order of ejectment---Tenancy agreement between landlord and tenant was part of the record---Validity---Issue of ownership could not be settled in proceedings under Sindh Rented Premises Ordinance, 1979, nor filing or pendency of civil suit could be a bar in exercise of jurisdiction by Rent Controller---Controversy of delay in deposit of rent was purely a question of fact that could be reviewed by an Appellate Court but it could not be interfered with by High Court in constitutional jurisdiction---Unlike appellate forum provided under relevant statute, High Court, in exercise of constitutional jurisdiction, was neither competent to undertake exercise of re-appraising evidence in order to come to its own conclusion, nor findings of facts drawn by courts below could be substituted---Constitutional petition was dismissed. Wazir Ali v. Rent Controller No.VIII (East), City Courts, Karachi and 3 others 2001 MLD 12; Messrs Roots School Network through Attorney v. Bashir Ahmed and 2 others 2010 CLC 466; Messrs S.M. Ayub and sons v. Abdul Jabbar Qureshi and another 2001 CLC 1486; Mst. Miskina Jan v. Rehmat Din 1992 SCMR 1149; Arshad Mahmood Siddiqui v. Muhammad Haroon 1984 CLC 1750; Anwar Ahmed v. Muhammad Sharif 1991 MLD 701; Mrs.Jumana Khursheed v. 1st A.D.J., Karachi East 2007 YLR 363; Hashim Khan v. Ghulam Nabi and 7 others 1973 SCMR 112 and Maqsood Ahmed Khawaja and another v. Asmat Begum 1985 CLC 1945 distinguished. (b) Precedent--- ----Judgment of High Court set aside by Supreme Court was no more a valid and binding judgment. Hon'ble Mr. Justice Nazar Akbar C.P.335-K/2015 Asadullah v. Noor Ahmed and others Before Supreme Court of Pakistan Disposed Dismissed
151 2015 MLD 1133 Suit 1575/2010 (S.B.) Sindh High Court, Karachi 2010 MUHAMMAD ASHFAQ ARAIN (Plaintiff) VS MUHAMMAD ISHAQUE ARAIN (Defendant) S.B. Order 12-JAN-15 Yes Specific Relief Act (I of 1877)--- ---Ss. 42 & 8---Suit for declaration, possession and damages---Present suit was filed to obtain a conflicting judgment with regard to same property between the same parties---Plaintiff had deliberately over-valued the suit property and included a frivolous claim of damages which he did not try to prove even at ex parte trial---Plaintiff could not establish his claim by cogent and convincing evidence---Proof of ownership of plot was not enough to prove ownership of building standing thereon as other occupant was none other than his own brother---Defendant was in possession on suit property---Present suit had been filed after the lapse of 25 years of legal notice when plaintiff was requested for recovery of half portion of suit property---Defendant had already filed his claim---Plaintiff had obtained ex parte orders against the defendant by manipulation---Plaintiff had withheld the best evidence available with him and he had suppressed the facts---Issue of ownership was already subjudiced before competent court in a suit prior in time---Plaintiff had attempted to obtain ex parte order on the same issue---Suit was dismissed with cost. Hon'ble Mr. Justice Nazar Akbar
152 2017 YLR 138 Suit 1021/2014 (S.B.) Sindh High Court, Karachi 2014 Muhammad Ali Zubair. (Plaintiff) VS Sabira Khatoon & another. (Defendant) S.B. Order 12-JAN-15 Yes (a) Specific Relief Act (I of 1877)--- ----S. 12---Civil Procedure Code (V of 1908), O. XXIII, R. 3 & O. VII, R. 11---Suit for specific performance of agreement to sell---Compromise---Cause of action---Power-of-attorney---Rejection of plaint---Scope---Executant of power of attorney died prior to the execution of agreement to sell---Effect---Agreement was not validly entered into by and between the parties after the death of principal---Said agreement to sell was not enforceable at law even if contesting parties were ready and willing to abide by its terms---Sub-attorney who claimed to have entered into an agreement of sell with the attorney had not invited objections on entering into agreement of sale of suit property---Even (present) plaintiff after entering into agreement of sale with the sub-attorney had not issued any public notice in newspapers for inviting any objection from public-at-large for transfer of title of suit property---Had such effort been made, legal heirs of the deceased executant of power-of-attorney could have warned the plaintiff before making any further payment of suit property---Search certificate of suit property was not obtained from the office of Sub-Registrar of the properties concerned---Defendant had already breached promise with the plaintiff---Broken promise by the compromising parties could not be endorsed by the court---Application for compromise of suit was liable to be dismissed---No cause of action existed for filing of suit against the defendant---Cause of action shown in the plaint was a false and collusive statement of plaintiff and defendant---Plaintiff had attempted to obtain a compromise decree from the court---Defendant had never refused to perform her part of contract---When cause of action had ceased to exist, provisions of O. VII, R. 11, C.P.C. would attract and plaint was liable to be rejected---Suit for specific performance was liable to be rejected once defendant had conceded that he was ready and willing to perform his part of contract---Nazir of the court could not be allowed to perform part of contract under circumstances---Suit had become infructuous and plaint was liable to be rejected---Both the suit and compromise application were dismissed with cost of Rs. 100,000/- to be jointly and severally borne by the plaintiff and defendant---Said cost should be paid within specified period and if the same was not paid, Nazir of the court should take step for recovery of cost including attachment of movable and immovable properties of plaintiff and defendant---Member Inspection Team of High Court was directed to examine the record and if any criminal case was made out, he should initiate or cause to initiate criminal proceedings against plaintiff and defendant in accordance with law. Diamond Rubber Mills v. Pakistan Television Corporation Ltd. and 2 others 1989 CLC 1989 rel. (b) Civil Procedure Code (V of 1908)--- ----O. VII, R. 11---Rejection of plaint---Scope---Jurisdiction of civil court to exercise its authority to adjudicate between the parties would co-exist with the "cause of action" to settle the grievance of plaintiff against the defendant on his/her denial to accept/acknowledge certain rights of plaintiff---No suit could be filed without a "cause of action" and if at all such suit was filed, plaint should be rejected for want of cause of action---If cause of action had ceased to continue after filing of suit, nothing was left for the court to exercise its authority. Hon'ble Mr. Justice Nazar Akbar, Hon'ble Mr. Justice Nazar Akbar
153 Cr.Tran 39/2014 (S.B.) Sindh High Court, Circuit at Hyderabad 2014 Muhammad Hassan Soomro (Applicant) VS Sessions Judge Tando Muhammad Khan and Ors (Respondent) S.B. Order 05-SEP-14 Yes Hon'ble Mr. Justice Nazar Akbar
154 2017 CLC Note 211 II.A. 85/2011 (S.B.) Sindh High Court, Karachi 2011 Gul-e Nasreen (Applicant) VS Maj. Lala Rukh & Ors (Respondent) S.B. Judgement 29-JUN-16 Yes (a) Administration of justice--- ----Courts to act in accordance with law and decide the cases on the basis of legally admissible evidence on record---Decisions had to be in consonance with entire evidence---Evidence led by the parties should be discussed in support of reasoning in arriving at a particular findings---Judgments passed by the courts below being not in accordance with law and evidence on record by High Court were set aside. [Paras. 14 & 15 of the judgment] [Case-law referred] (b) Civil Procedure Code (V of 1908)--- ----S. 100---Second appeal---Scope---Second appeal would be competent if findings on facts were result of mis-reading, non-reading of evidence or same were perverse. [Para. 13 of the judgment] Hon'ble Mr. Justice Nazar Akbar C.A.2084/2016 Hafiz Muhammad Iqbal v. Gul-e-Nasreen & others Before Supreme Court of Pakistan Disposed Partly Allowed
155 2018 CLC 664 Const. P. 639/2010 (S.B.) Sindh High Court, Karachi 2010 Abrar Hussain (Petitioner) VS VIIth A.D.J. South at Karachi & Ors (Respondent) S.B. Judgement 24-NOV-17 Yes Legal Practitioners and Bar Councils Act (XXXV of 1973)--- ----Ss. 41(2)(4) Proviso, 42 & 55---Legal Practitioners and Bar Councils Rules, 1976, Chap. XII---Civil Procedure Code (V of 1908), Ss.151 & 153---Constitution of Pakistan, Art.199---Constitutional petition---Canon of professional conduct and etiquette of advocates---Misconduct---Dispute as to property---Constitutional petition filed for recalling an earlier order of dismissal of petition being not pressed, was not supported by affidavit---Application under Ss.151 & 153, C.P.C. was not filed on behalf of the petitioner by the advocate who also submitted his own affidavit---Validity---Lawyer earns a reputation worthy of some value by demonstrating his sincerity and honest conduct both towards his client and court in administration of justice---Upright lawyer is supposed to be an officer of court fairly assisting court in dispensing justice and not slave of his client nor greedy to serve him against law and facts---Lawyer has to contest cases on merit and merit alone, he was to adhere to standards of duties of lawyer explained in Chapt.XII (Canon of Professional Conduct and Etiquette of Advocates) of Legal Practitioners and Bar Councils Rules, 1976---Counsel for petitioner, in the present case, filed application in question on his own without any authority from anyone---High Court directed Pakistan Bar Council to initiate disciplinary proceedings against the counsel for professional misconduct by treating contents of order as complaint under S.41(2) of Legal Practitioners and Bar Councils Act, 1973---High Court further directed the Tribunal for decision in terms of proviso to S. 41(4) of Legal Practitioners and Bar Councils Act, 1973---Court official was directed to seal the property in question and locate respondents to hand over its possession to them after proper verification---Application was dismissed in circumstances. Hon'ble Mr. Justice Nazar Akbar
156 2019 CLC 566 Execution 0/2018 (S.B.) Sindh High Court, Karachi 2018 Tariq Gul (Decree Holder) VS Zarar-ul-Yamin Khan (Judgment Debtor) S.B. Judgement 13-MAR-18 Yes Civil Procedure Code (V of 1908)--- ----O. XXXVII, Rr. 1 & 2---Suit for recovery of money disposed of on compromise---Execution petition---Competence---Compromise between the parties was to be treated as a fresh agreement---Aggrieved party in case of any breach of compromise was required to file a fresh suit---Execution petition for enforcement of compromise was not competent---Parties might avail remedy under the law for implementation of compromise agreement---Execution petition was dismissed in circumstances. Hon'ble Mr. Justice Nazar Akbar(Author)
157 2016 CLC 1790 Civil Revision 47/1997 (S.B.) Sindh High Court, Karachi 1997 Shabbir Khan & Ors. (Appellant) VS Haji Abdul Latif Khan (Respondent) S.B. Judgement 29-MAR-16 Yes (a) Civil Procedure Code (V of 1908)--- ----Ss. 151, 96, 10 & 11 & O. XLI, R. 27---Appeal---Inherent powers under S.151, C.P.C. exercised by the Appellate Court---Scope---Respondent moved an application under S.151, C.P.C. claiming res judicata against the suit---Appellate Court remanded the case while exercising powers under S.151, C.P.C.---Validity---Respondent raised a factual issue before the Appellate Court through application under S.151, C.P.C. which was not raised before the Trial Court---Powers of civil court under S.151, C.P.C. had certain restrictions in application of the same could not be equated with the powers of a court of original civil jurisdiction---Provisions of Civil Procedure Code which empowered courts of original civil jurisdiction while dealing with civil suits like provisions of Ss.10 & 11, C.P.C. were not available to the appellate court while exercising authority in terms of S.96, C.P.C.---Appellate Court had not given reference to the findings of the Trial Court while deciding the appeal and had exercised the powers of a court of original civil jurisdiction which were not vested in it---Exercise of power under S.151, C.P.C. by the Appellate Court was improper and uncalled for---Trial Court had not discussed the issue of res judicata in its judgment---Issue which was not taken up and decided by the Trial Court was not supposed to be examined by the Appellate Court---Issue of res judicata ought to have been raised first before the Trial Court for its decision and not at the appellate stage for the first time--Question of res judicata was a question of fact and parties had to first allege it and then prove it through evidence---Appellate Court was not supposed to examine a new/fresh defence (plea of res judicata) at appellate stage---If appeal was time barred then Appellate Court had no jurisdiction to entertain the same and remand the suit---Appellate Court had exercised the jurisdiction not vested in it---Impugned judgment and decree were set aside and appeal was remanded for decision afresh---Appellate Court was directed to first examine the question of limitation for filing the appeal before proceeding further in the matter---Revision was disposed of in circumstances. (b) Civil Procedure Code (V of 1908)--- ----S. 11---Res judicata---Power of appellate Court---Scope---Question of res judicata was a question of fact and parties had to first allege it and then prove it through evidence---Appellate Court was not supposed to examine a new/fresh defence (plea of res judicata) at appellate stage. (c) Civil Procedure Code (V of 1908)--- ----S. 151---Inherent power---Scope---Civil court was not supposed to resort to the inherent powers in presence of a specific provision available in C.P.C. to deal with a particular situation. (d) Civil Procedure Code (V of 1908)--- ----S. 115---Revisional jurisdiction of High Court---Scope---High Court had suo motu power to examine the correctness, legality and propriety of an order passed by the subordinate court at any time and if subordinate court had improperly exercised its jurisdiction and/ or exercised jurisdiction not vested in it then High Court could set aside the said order. Hon'ble Mr. Justice Nazar Akbar
158 2018 CLD 1399 Cr.Misc. 323/2014 (S.B.) Sindh High Court, Karachi 2014 M. WAQAR MANNOO S/O M SADIQ MANNOO (Appellant) VS FED OF PAK THROUGH MINISTRY OF COMMERCE & ORS (Respondent) S.B. Order 04-JUN-18 Yes (a) Imports and Exports (Control) Act (XXXIX of 1950)--- ----Ss. 3, 5-A(8), 5-B(1)(2)(7)---Export (Quality Control) Order, 1973, S.4(a)(b)---Criminal Procedure Code (V of 1898), Ss.265-K & 561-A---Quashing of complaint, application for---Application under S. 265-K read with S. 561-A, Cr.P.C., filed by applicant/exporter for quashing of complaint was dismissal by Special Commercial Court---Complaint was received from a foreign buyer that applicant/exporter, despite having received advance payments, had neither delivered the goods nor refunded the amount---Respondent/Trade and Development Authority (Authority), lodged a complaint to the Special Commercial Authority through Assistant Director for contravention of S.4(a)(b) of Exports (Quality Control) Order, 1973---Applicant/exporter, had challenged the authority of said Assistant Director to lodge such a complaint only on the sole ground that it was filed without proper authorization in terms of S.5-B(1)(2) of the Imports and Exports (Control) Act, 1950---Trial Court dismissed the application which had been impugned in the application---Said authorization was not filed, when detailed parawise comments/reply to application of exporter was filed---Same was only an irregularity which should have been taken care of by obtaining even a fresh authorization, as soon as objection was raised, or authorization should have been placed on record, but that had not been done by the Authority---Conduct of Authority, in pursuing the complaint was that, the element of corruption in the office of Authority could not be ruled out---Grievance of foreign buyer against the applicant/exporter was still intact, since it had not been decided on merits by the Commercial Court, nor dropped by Trade Development Authority, who was under statutory obligation to ensure protection to the foreign buyer from any hardship, cheating and fraud on the part of the exporters in Pakistan---Commercial Court under the scheme of prosecution under Imports and Exports (Control) Act, 1950, was the Court of Session and proceedings were to be governed by Criminal Procedure Code, 1898---Complaint filed by the foreign buyer with the Authority on which enquiry was conducted, had assumed the status of FIR---Applicant/exporter as a result of enquiry was prima facie charged with the offence triable by the Sessions Court---Statutory duty was of the Authority to pursue the case diligently to the logical end---Status of Assistant Director was that of Investigating Officer, who after inquiry had to file challan in the Commercial Court to be prosecuted by the Public Prosecutor---Wilful and mala fide failure of Assistant Director in not filing the basic document of his authorization, had adversely affected the case of foreign buyer as the protection given to the foreign buyer, was taken away---Act of prosecutor could not prejudice the case of an aggrieved party in absence of notice to him---Foreign buyer, should have also been taken into confidence and fully informed about steps taken by the Authority---Buyer was actual the sufferer---Authority was directed to file fresh complaint within 15 days from the date of receiving present order under intimation to the foreign buyer. (b) Constitution of Pakistan--- ----Art. 10-A---Right to fair trial---Scope---Guarantee of a fair trial and due process in terms of Art. 10-A of the Constitution was not limited to the person facing proceedings of civil nature or criminal charge, but was equally extended to complainant party. Hon'ble Mr. Justice Nazar Akbar Crl.P.898/2018 M. Waqar Monnoo v. Federation of Pakistan thr. M/o Commerce, Islamabad & others Before Supreme Court of Pakistan Disposed Disposed of
159 2019 YLR 8 Cr.Acq.A. 60/2018 (S.B.) Sindh High Court, Karachi 2018 KAUSAR AHMED S/O HAMEEDULLAH (Appellant) VS MUHAMMAD IMRAN ANSARI & ORS (Respondent) S.B. Judgement 16-AUG-18 Yes Penal Code (XLV of 1860)--- ----Ss. 420, 468, 471, 448 & 34---Cheating and dishonestly inducing delivery of property, forgery for purpose of cheating, using as genuine a forged document, house trespass, common intention---Appreciation of evidence---Appeal against acquittal---Prosecution case was that respondent sold out the roof/pent house of the building/property in question fraudulently---Complainant had contended that sufficient evidence was available on the record to convict the accused/respondent but the Trial Court had failed to appreciate the same---Effect---Record showed that complainant had not produced any witness of building regarding the incident as alleged in the FIR---Out of eight prosecution witnesses, three were private witnesses, but they had not appeared in the court despite issuance of bailable warrants---Complainant had claimed that the property in question was owned by his late father-- Complainant had admitted in his cross-examination that there were other six legal heirs of his father but except the complainant none of them had made any complaint or was even associated as witness in the case---Complainant during his cross- examination had admitted that the sublease was executed in 2014 and he had lodged the FIR in the year 2015, which showed that the dispute was of civil nature---Circumstances established that prosecution case was not free from doubts, and was meritless---Appeal was dismissed accordingly. Tariq Pervez v. The State 1995 SCMR 1345; Habib v. The State 2014 PCr.LJ 1067 and Muhammad Hanif alias Pocho v. The State 2014 PCr.LJ 928 rel. Hon'ble Mr. Justice Nazar Akbar(Author) Crl.P.130-K/2018 Kausar Ahmed v. Muhammad Imran Ansari and another Before Supreme Court of Pakistan Pending Adjourned [Notice to Respondents]
160 Cr.Appeal 138/2012 (S.B.) Sindh High Court, Karachi 2012 Mst Tabish (Appellant) VS The State (Respondent) S.B. Judgement 31-JUL-18 Yes Hon'ble Mr. Justice Nazar Akbar(Author)
161 2019 MLD 1994 Cr.Acq.A. 237/2018 (S.B.) Sindh High Court, Karachi 2018 GHULAM MUJTABA S/O LATE ABDUL AZIZ (Appellant) VS SYED HASSAN & ANOTHER (Respondent) S.B. Judgement 30-MAY-19 Yes (a) Penal Code (XLV of 1860)--- ----S. 182---False information with intent to cause public servant to use his lawful power to the injury of another person---Appeal against acquittal---"Aggrieved person"---Scope---Station House Officer (SHO) requested the trial court for prosecution of respondent under S. 182, P.P.C. on the ground that he had furnished false information for lodgment of first information report (FIR) under Ss. 506 and 34, P.P.C. read with S. 25 of Telegraph Act, 1885---Trial court acquitted the respondent of the charge---Validity---Appellant, nominated accused in earlier FIR, could not be aggrieved by the decision of the Magistrate on the complaint under S. 182, P.P.C. filed by public servant---Section 182, P.P.C. did not refer to any private person and it related "to cause public servant to use his power" and in case such information was found false then such public servant could initiate proceedings---Appellant was not a public servant nor the alleged false information was given to him---Right of appeal on the orders passed by Magistrate did not lie with the nominated accused for the reason that an appeal was continuity of original proceedings and admittedly the proceedings were not initiated by the appellant---Appeal against acquittal was dismissed. Khuwaja Muhammad Waseem v. Syed Jalees Anjum and others 2018 PCr.LJ 1230 rel. (b) Penal Code (XLV of 1860)--- ---S. 182---False information with intent to cause public servant to use his lawful power to the injury of another person---Scope--- Proceedings under S. 182, P.P.C. are not a remedy of any humiliation or insult suffered by the accused nominated in the false information given by the complainant to the Incharge Police Station. Hon'ble Mr. Justice Nazar Akbar(Author)
162 2020 YLR Sindh 1 Cr.Acq.A. 89/2015 (S.B.) Sindh High Court, Karachi 2015 SYED MUHAMMAD AHSAN (Appellant) VS MUNAWAR ALI NAQVI & ORS (Respondent) S.B. Judgement 17-JUL-19 Yes (a) Illegal Dispossession Act (XI of 2005)- ----Ss. 3, 5 & 7---Criminal Procedure Code (V of 1898), Ss. 265-H & 417(2A)---Appeal against acquittal--- Appreciation of evidence--- Illegal dispossession---Declaration to title---Proof---Appellant was complainant and was aggrieved of dispossession from subject property by accused persons---Trial Court under S. 265-H(i), Cr.P.C. acquitted accused persons---Validity---Law of land and even Shia Personal Law did not authorize Momineen of any locality to request anyone amongst themselves to unlawfully control or occupy immovable property of an orphanage owned by some registered private institution with intention to dispossess, grab, control or occupy said property and dispossess otherwise lawful occupiers of such property---Accused persons, despite backing of so-called religious scholars and their goodwill in community were conscious of fact that they had no moral authority or legal defense to justify taking over possession of subject property and grab and control of resources of private institution---Accused persons never filed any civil suit to seek declaration of their title in respect of subject property as they knew that their so-called working committee was not even fraudulently registered---High Court set aside judgment of acquittal passed by Trial Court and convicted accused persons under S. 3(2) of Illegal Dispossession Act, 2005 along with fine---Appeal was allowed accordingly. 2010 YLR 2139; Muhammad Akram and 9 others v. Muhammad Yousuf and another 2009 SCMR 1066; PLD 1989 SC 283; PLD 1971 SC 550; 2012 CLC 793; Shahabuddin v. The State PLD 2010 SC 725; Mumtaz Hussain v. Dr. Nasir Khan and others 2010 SCMR 1254; Shaikh Muhammad Naseem v. Mst. Farida Gul 2016 SCMR 1931 and Mst. Gulshan Bibi and others v. Muhammad Sadiq and others PLD 2016 SC 769 ref. (b) Illegal Dispossession Act (X1 of 2005)--- ----S. 3---Illegal dispossession---Abandoned property---Principle---Even abandoned property is supposed to be in constructive possession of its lawful owner---If at all there is any defect in status of owner to hold, occupy and control subject property of private institution, accused are not supposed to contravene S. 3(1) of Illegal Dispossession Act, 2005. (c) Illegal Dispossession Act (X1 of 2005)--- ----Ss. 3 & 5---Civil Procedure Code (V of 1908), S. 92---Illegal dispossession---Criminal and civil liabilities---Determination---Accused persons cannot contend that complainant has no lawful authority to file legal proceedings in view of S. 92, C.P.C. when raised before a court seized of a criminal case---Proceedings under Criminal Procedure Code, 1898 cannot be regulated by Civil Procedure Code, 1908. Zafar Ahmad and 5 others v. The State and 3 others PLD 2007 Lah. 231 and Bashir Ahmed v. Additional Sessions Judge PLD 2010 SC 661 ref Hon'ble Mr. Justice Nazar Akbar(Author) Crl.P.161-K/2019,Crl.P.166-K/2019,Crl.P.158-K/2019,Crl.P.913/2019,Crl.P.987/2019,Crl.A.403/2019,Crl.A.404/2019,Crl.A.405/2019,Crl.A.406/2019,Crl.A.407/2019 SCP Disposed Leave Granted( Notice in Crl.MAs for suspension of sentence in all cases for 29.10.2019),Disposed Leave Granted( Notice in Crl.MAs for suspension of sentence in all cases for 29.10.2019),Disposed Leave Granted( Notice in Crl.MAs for suspension of sentence in all cases for 29.10.2019),Disposed Leave Granted( Notice in Crl.MAs for suspension of sentence in all cases for 29.10.2019),Disposed Leave Granted( Notice in Crl.MAs for suspension of sentence in all cases for 29.10.2019),Disposed Allowed with direction to Auqaf Department, Govt. of Sindh.,Disposed Allowed with direction to Auqaf Department, Govt. of Sindh.,Disposed Allowed with direction to Auqaf Department, Govt. of Sindh.,Disposed Allowed with direction to Auqaf Department, Govt. of Sindh.,Disposed Allowed with direction to Auqaf Department, Govt. of Sindh.
163 Criminal Appeal 288/2019 (S.B.) Sindh High Court, Karachi 2019 MUHAMMAD SALEEM SHAHZAD S/O PARO (Appellant) VS THE STATE (Respondent) S.B. Order 04-JUL-20 Yes Hon'ble Mr. Justice Nazar Akbar(Author)
164 2021 YLR 409 Cr.J.A 747/2019 (S.B.) Sindh High Court, Karachi 2019 MUHAMMAD RAMZAN S/O KARIM BUX (Appellant) VS THE STATE (Respondent) S.B. Order 02-JUL-20 Yes Penal Code (XLV of 1860)--- ---Ss. 320, 107 & 114---Provincial Motor Vehicles Ordinance (XIX of 1965), Ss. 3 & 5---Qatl-i-khata by rash or negligent driving--- Abetment--- Scope--- Abettor present when offence is committed---Prohibition on driving without licence---Scope---Accused, while driving a water tanker, hit an unknown lady who received injuries and expired on the spot---Driving licence of accused was found to be fake and bogus---Investigating Officer of the case was required to have included the owner of the vehicle in investigation as co-accused for allowing the vehicle to be driven by a person who was not holding a valid driving licence or whose licence was not genuine---Owner of the vehicle was an abettor in terms of S.107, P.P.C. and his case fell under S.114, P.P.C.---Investigating Officer was directed to take action against owner of the vehicle and the prosecution was directed to expeditiously complete the trial against the owner as co-accused---Appeal was adjourned pending action against the owner of the vehicle. Atta Muhammad v. The State 2005 PCr.LJ 1648 rel. Hon'ble Mr. Justice Nazar Akbar(Author)
165 Cr.J.A 144/2019 (D.B.) Sindh High Court, Karachi 2019 ABDUL REHMAN S/O DEEN MUHAMMAD (Appellant) VS THE STATE (Respondent) D.B. Judgement 02-DEC-20 Yes Hon'ble Mr. Justice Nazar Akbar(Author), Hon'ble Mr. Justice Zulfiqar Ahmad Khan Crl.A.176/2021 The State v. Abdul Rehman,J.P.600/2022 1. Basheer @ Bashoo 2. Wazir v. The State Before Supreme Court of Pakistan Pending Adjourned s (-) Mr. Justice Sardar Tariq Masood, J,Pending
166 Suit 664/2008 (S.B.) Sindh High Court, Karachi 2008 MRS. SAKINA SULEMAN (Plaintiff) VS MUHAMMAD ARIF JANJUA (Defendant) S.B. Order 31-MAY-21 Yes Hon'ble Mr. Justice Nazar Akbar(Author)
167 Suit 641/2020 (S.B.) Sindh High Court, Karachi 2020 Mr. Shakeel Qadir (Plaintiff) VS Mst. Shumaila Umair (Defendant) S.B. Order 26-MAY-21 Yes Hon'ble Mr. Justice Nazar Akbar
168 Spl.Anti.Ter.A. 249/2019 (D.B.) Sindh High Court, Karachi 2019 BAQAR HUSSAIN SHAH S/O SHABBIR HUSSAIN SHAH (Appellant) VS THE SPL JUDGE, ATC-X KARACHI & ANOTHER (Respondent) D.B. Judgement 17-NOV-20 Yes Hon'ble Mr. Justice Nazar Akbar, Hon'ble Mr. Justice Zulfiqar Ahmad Khan(Author)
169 Spl.Anti.Ter.J.A. 261/2019 (D.B.) Sindh High Court, Karachi 2019 MUHAMMAD BILAL S/O SALEEM (Appellant) VS THE STASTE (Respondent) D.B. Judgement 09-DEC-20 Yes Hon'ble Mr. Justice Nazar Akbar, Hon'ble Mr. Justice Zulfiqar Ahmad Khan(Author)
170 Spl.Anti.Ter.J.A. 268/2018 (D.B.) Sindh High Court, Karachi 2018 ABDUL RAZZAQUE S/O RUSTAM ALI (Appellant) VS THE STATE (Respondent) D.B. Judgement 15-DEC-20 Yes Hon'ble Mr. Justice Nazar Akbar, Hon'ble Mr. Justice Zulfiqar Ahmad Khan(Author)
171 Spl.Anti.Ter.A. 65/2020 (D.B.) Sindh High Court, Karachi 2020 SHAHBAZ AHMED S/O SHABBIR AHMED (Appellant) VS THE STATE (Respondent) D.B. Judgement 02-DEC-20 Yes Hon'ble Mr. Justice Nazar Akbar, Hon'ble Mr. Justice Zulfiqar Ahmad Khan(Author)
172 Spl.Anti.Ter.J.A. 320/2019 (D.B.) Sindh High Court, Karachi 2019 WAHID @SAJJAD @ IMTIAZ S/O MUHAMMAD MURTAZA & ANR (Appellant) VS THE STATE (Respondent) D.B. Judgement 11-DEC-20 Yes Hon'ble Mr. Justice Nazar Akbar, Hon'ble Mr. Justice Zulfiqar Ahmad Khan(Author)
173 Spl.Anti.Ter.A. 186/2019 (D.B.) Sindh High Court, Karachi 2019 NAVEED @ NEK S/O AMEER KHAN (Appellant) VS THE STATE (Respondent) D.B. Judgement 24-NOV-20 Yes Hon'ble Mr. Justice Nazar Akbar, Hon'ble Mr. Justice Zulfiqar Ahmad Khan(Author)
174 2014 CLC 1218, 2014 CLD 853 Suit 139/2010 (S.B.) Sindh High Court, Karachi 2010 Nasim Beg (Plaintiff) VS The Securities and Exchange Commission of Pakistan (Defendant) S.B. Order 28-APR-14 Yes Specific Relief Act (I of 1877)--- ----Ss. 42 & 54---Companies Ordinance (XLVII of 1984), S.224(2)---Discretion of court as to declaration of status or right---Bar to such declaration---Trading by director, officers and principal shareholders of a company---Show-cause notice under S.224(2) of the Companies Ordinance, 1984---Suit for declaration and permanent injunction challenging issuance of show-cause notice to plaintiff by the Securities and Exchange Commission of Pakistan (SECP), under S.224(2) of the Companies Ordinance, 1984---Maintainability of such suit---Contention of the plaintiff was inter alia that he had not realized any tenderable and/or other gain and was not therefore liable to tender any amount under S.224 of the Companies Ordinance, 1984---Held, that declaration sought by plaintiff was not in respect of any legal character of the plaintiff---Very fact that plaintiff had submitted a detailed reply to the show-cause noticed issued by the SECP, was contrary to his claim in the plaint and in the said reply plaintiff had not claimed that the defendants had acted illegally, in a mala fide way or that they were not competent to issue impugned notice under S.224 of the Companies Ordnance, 1984---Fact that plaintiff had submitted to the jurisdiction of the SECP unconditionally amounted to accepting jurisdiction of SECP to issue notice under the Companies Ordinance, 1984---Plaintiff should have appeared before the competent authority for personal hearing, which he had avoided---Plaintiff had not sought declaration as to his own rights and status; and declaratory relief could only be granted in respect of legal character which was not under threat in the present case---Plaintiff was therefore neither entitled to declaration or permanent injunction---Suit being incompetent and not maintainable, was dismissed in circumstances. Hon'ble Mr. Justice Nazar Akbar
175 Civil Revision 124/1995 (S.B.) Sindh High Court, Circuit at Hyderabad 1995 Ghulam Ali (Applicant) VS Mst.Nawabzadi & others (Respondent) S.B. Judgement 19-SEP-14 Yes Hon'ble Mr. Justice Nazar Akbar
176 2014 MLD 1000 Suit 1224/2001 (S.B.) Sindh High Court, Karachi 2001 MST. HAFEEZ BEGUM (Plaintiff) VS MRS. ZAINAB MUHAMMAD ALI (Defendant) S.B. Order 02-OCT-13 Yes Civil Procedure Code (V of 1908)--- ----S.75---Partition Act (IV of 1893), S.4---Specific Relief Act (I of 1877), Ss. 42 & 54---Suit for declaration, injunction and partition---Local Commission, appointment of---Recording of evidence---Object and scope---Local Commission already appointed returned the commission due to attitude of counsel for defendant---Plea raised by defendant was that recording of evidence was function of court and appointment of Commission would delay the matter---Validity---If High Court had power to save its time by recording evidence through the Commission, it was expected the counsel appearing for litigants should facilitate the court and cooperate with Commissioners as it was always in their own benefit---Whatever time saved by court in recording of evidence, was consumed by the court in other urgent matters requiring immediate orders in different cases and at the same time it would give some space to the court in reducing backlog by pronouncing lengthy judgments in cases which were ripe for final disposal---High Court appointed another Commissioner for recording of further evidence. Hon'ble Mr. Justice Nazar Akbar
177 2014 CLD 52 Suit 281/2013 (S.B.) Sindh High Court, Karachi 2013 SULEMAN LALANI (Plaintiff) VS AL-ABBASS SUGAR MILLS LTD. & OTHERS (Defendant) S.B. Order 24-SEP-13 Yes Securities and Exchange Commission of Pakistan Act (XLII of 1997)--- ----Ss. 3 & 29---Companies Ordinance (XLVII of 1984), S.263---Powers of court and Security Exchange Commission to interfere in internal management of a corporate entity---Scope---Court would not interfere in internal management of companies, if they were working within parameters of law--- Commission could conduct investigation of affairs of company in exercise of its suo motu powers under S. 29 of Securities and Exchange Commission of Pakistan Act, 1997 or on application by members of company under S. 263 of Companies Ordinance, 1984---Failure of Commission to exercise its powers by invoking relevant enabling provisions to protect interest of minority shareholders in a company would frustrate very basis of its establishment. Hon'ble Mr. Justice Nazar Akbar
178 2014 YLR 2042 First Appeal Against Order 13/2013 (S.B.) Sindh High Court, Karachi 2013 Hassan Abbass (Appellant) VS Ist Additional District & Session Judge (Central) at Karachi. (Respondent) S.B. Order 10-MAY-14 Yes (a) Civil Procedure Code (V of 1908)--- ----O. VII, R. 11---West Pakistan (Board of Intermediate and Secondary Education Karachi) Ordinance (III of 1962), Ss.27 & 29---Specific Relief Act (I of 1877), S.42---Suit for declaration---Correction of father's name was sought by plaintiff---Rejection of plaint---Scope---Name of maternal grandfather was mistakenly mentioned in the school record as name of father of plaintiff and same had been disclosed by him which was also supported by affidavit of his mother---Record maintained by the Education Board was incorrect and father of plaintiff and that of his mother could not be one and the same---Trial Court was bound to reconcile the record of Education Board with that of the correct name of father of plaintiff in view of available record---Education Board had not applied mind to the request made by the plaintiff through a proper application wherein ingredients of plaint and circumstances mentioned in the same had been brought to the notice of Education Board but same had been declined without assigning a cogent reason---Education Board had not mentioned the rules before the Trial Court which restrained them from making correction in the record---Section 27 of Board of Intermediate and Secondary Education Ordinance, 1962 did not mean that Education Board was a final authority and order passed by the same was not subject to review by the courts---Section 29 of Board of Intermediate and Secondary Education Ordinance, 1962 stipulated that no suit for damages or other legal proceedings should be instituted against Government and any member of Education Board or Committee---No decision or order of Education Board was under challenge nor plaintiff had claimed any damages against controlling authority or member of Education Board in the present suit---Present was a suit for correction in the relevant record of Education Board---Education Board was bound to make necessary correction once there was a satisfactory proof of mistake on the record---Refusal of Education Board to rectify the mistake in the certificate issued by Board was without any lawful jurisdiction---Impugned order passed by the Education Board was without reasoning and same was not a speaking order---Trial Court had rejected the plaint without proper trial which was contrary to the requirement of law---Orders passed by the Trial Court and Appellate Court were set aside and case was remanded for decision on merits after recording of evidence in accordance with law. (b) Limitation Act (IX of 1908)--- ----S. 5---Specific Relief Act (I of 1877), S. 42---Suit for declaration---Appeal---Non-disclosure of dismissal of appeal by the counsel to the appellant---Professional misconduct of counsel---Condonation of delay---Scope---Application was supported with a complaint against the counsel who had been representing the appellant before the Trial Court and first Appellate Court---Details of professional misconduct of counsel had been given in the affidavit with regard to the fact that he (counsel) did not disclose about the dismissal of appeal---Circumstances were not within the control of appellant to file present appeal in time who had accounted for the delay---Application for condonation of delay was accepted in circumstances. Hon'ble Mr. Justice Nazar Akbar
179 2015 YLR 1937 Civil Revision 124/2014 (S.B.) Sindh High Court, Circuit at Hyderabad 2014 Ali Muhammad & Anothers (Applicant) VS Mst Saeeda & Ors (Respondent) S.B. Judgement 30-SEP-14 Yes Specific Relief Act (I of 1877)--- ----Ss. 42 & 39---Limitation Act (IX of 1908), S. 18 & Art. 91---Civil Procedure Code (V of 1908), O. VII, R. 11---Suit for declaration and cancellation of agreement of sale deed---Plaint, rejection of---Scope---Trial Court rejected the plaint on the ground of limitation but Appellate Court remanded suit for decision on merits---Validity---Plaintiff had alleged fraud and misrepresentation in sale of her property---Sale of suit land was not made by the plaintiff as she was minor at the time of sale deed---Plaintiff had no means to know and understand the transaction of sale which was carried out by her father---Father of plaintiff was not authorized to sell the suit property and he was also a party to the fraud---Property of minor was sold without permission of court and sale was not lawfully made ---Plaintiff was not aware of sale and her suit for cancellation of sale deed was maintainable---Valuable property was involved and contention of plaintiff with regard to date of knowledge of fraudulent sale could not be excluded from the consideration by the court to dismiss the suit on the point of limitation---Appellate Court had rightly held that case of plaintiff was covered by Art. 91 of Limitation Act, 1908---Limitation for cancellation of instrument of sale would start from the knowledge of fraud---Order of Trial Court was rightly set aside by the Appellate Court---Revision was dismissed in circumstances. Hon'ble Mr. Justice Nazar Akbar
180 2014 YLR 2012 Const. P. 563/2010 (S.B.) Sindh High Court, Karachi 2010 Hussain Jamal (Applicant) VS VIIth Addl: District Judge (South) Karachi & Ors (Respondent) S.B. Judgement 30-MAY-14 Yes Sindh Rented Premises Ordinance (XVII of 1979)--- ---Ss. 16 & 15---Constitution of Pakistan, Art. 199---Constitutional petition---Ejectment of tenant---Tentative rent order, non-compliance of---Effect---Compromise between landlord and tenant before the court---Scope---Ownership of tenement in possession of tenant had not been conferred upon him---Mere taking plea of denial of tenancy was not enough to take away the jurisdiction of Rent Controller to pass tentative rent order---Tenant would continue to be tenant unless he established his ownership rights conferring title on him---Rent Controller had passed order for payment of arrears of rent and future rent that same would be subject to withdrawal after final judgment/order and interest of tenant had been secured---Tenant had willfully disobeyed the tentative rent order---Tenant knowing the penal consequences of non-compliance of tentative rent order should have deposited the rent in the court instead of putting his claim of ownership at risk and physical possession from the tenement---Compromise before Rent Controller could not be termed as absolute transfer of ownership right in favour of tenant nor terms of compromise could be enforced against landlord in a fresh round of litigation before Rent Controller---Compromise was not enforceable through Rent Controller and same could not be defence to deny payment of rent to the owner---Tenant should have file a suit for specific performance of contract/ compromise to enforce terms of the same---Compromise between the parties before the court was not more than a mere contract and a breach of the same would give rise to fresh cause of action and fresh suit could be filed by an aggrieved person for redressal of his grievance---Tenant could not be allowed to enjoy the tenement as an absolute owner pending the case on the grounds that landlord had promised to transfer the title in his favour---Constitutional petition was dismissed in circumstances. Hon'ble Mr. Justice Nazar Akbar
181 2014 CLD 435 Suit 1222/1999 (S.B.) Sindh High Court, Karachi 1999 National Bank of Pakistan and another (Plaintiff) VS Northern Polyethyleneand others (Defendant) S.B. Order 05-DEC-13 Yes Financial Institutions (Recovery of Finances) Ordinance (XLVI of 2001)--- ----Ss. 10, 14 & 19---Civil Procedure Code (V of 1908), S.151 & O.XXIII, Rr. 1 & 2--- Suit for recovery---Withdrawal and adjustment of suits---Enforcement of Memorandum of Understanding (MOU) between plaintiff and defendant; signed after the dismissal of defendant's application for leave to defend---Effect---Suit for recovery was decreed after dismissal of defendant's application for leave to defend on 25-8-2004---Defendant through present application under S.151, C.P.C. read with O.XXIII, Rr.1 & 2; and S.14 of the Financial Institutions (Recovery of Finances) Ordinance 2001 sought enforcement/settlement of the suit through MOU dated 13-8-2007 between the plaintiff and the defendant---Validity---Defendant had no right of audience in the suit with effect from 25-8-2004 when leave to defend application was dismissed---Legal position was that the proceedings had been finally concluded in terms of S.10(11) of the Financial Institutions (Recovery of Finances) Ordinance, 2001---Suit would now proceed in terms S.19 of the Ordinance and the Court would treat proceedings as execution proceedings in accordance with S.19 of the Ordinance---Defendant could file whatever objections it wished once said proceedings for execution were started---Application was dismissed, in circumstances. Hon'ble Mr. Justice Nazar Akbar
182 2014 SBLR 389 Cr.Bail 722/2013 (S.B.) Sindh High Court, Bench at Sukkur 2013 Nadeem Ahmed Mahessar S/o Nabi Bux Mahesser Presently Confined in Distt/Centeral Prison-II Sukkur (Applicant) VS The State (Respondent) S.B. Order 02-JAN-14 Yes A) Pakistan Penal Code (XLV of 1960)---Section---324 & 337F (v & vi)---Plaintiff contention that in the FIR without realizing that medical report clearly indicates that alleged injuries are not on the vital part of body of the injured. Therefore, this is pre-mature to take the case from sections 337F(v) and (vi) PPC to section 324 PPC at bail stage. [P-392]A B) Criminal Procedure Code (V of 1898)---Section 497---Bail grant of--- Principle of Criminal Law---The cordial principle of criminal law that every accused person is presumed to be innocent unless found guilty by a competent court has been violated when the leamed trial court in bail order has made strong observation even before the start of trial---Held; that the trial court's failure to refer to the provisions section 497 Cr.P.C for refusing the bail, the court has violated the universally accepted principle that grant of bail is a rule while refusal is an exception and changed this principle to be read as refusal of bail is a rule and grant of bail is an exception"---Bail granted. [P-392]B Hon'ble Mr. Justice Nazar Akbar
183 2014 CLD 773, 2015 YLR 1027 Suit 568/2013 (S.B.) Sindh High Court, Karachi 2013 Pakistan International Bulk Terminal (Plaintiff) VS Maqbool Associates (pvt) Ltd & Ors. (Defendant) S.B. Judgement 17-JAN-14 Yes (a) Civil Procedure Code (V of 1908)--- ----O. XXIII, R. 3---Contract---Compromise between parties---Scope---Lawfully entered contracts by and between parties are binding upon them irrespective of placing such contracts before court of law by means of joint applications under O. XXIII, R. 3, C.P.C. (b) Arbitration Act (X of 1940)--- ----S. 20---Civil Procedure Code (V of 1908), O. XXIII, R.3---Arbitration--- Dispute resolution--- Role of court---Compromise between parties---During pendency of proceedings under S.20 of Arbitration Act, 1940, parties entered in compromise and sought disposal of suit under O. XXIII, R. 3, C.P.C.---Validity---Court was only gateway to adjudication of dispute between parties and not adjudicator in its own right---Present was not a regular suit under common law and dispute resolution was not possible by court of law under S.20 of Arbitration Act, 1940---Court was not empowered to examine and even comment on "dispute/issues" between parties, lest it could prejudice case of either party---Provisions of O.XXII, R. 3, C.P.C. were not applicable to arbitration suit under S.20 of Arbitration Act, 1940---Court appointed sole arbitrator for resolution of dispute between parties in terms of arbitration agreement---Suit was disposed of accordingly. Hon'ble Mr. Justice Nazar Akbar
184 Suit 1544/2012 (S.B.) Sindh High Court, Karachi 2012 M/S. SHUJABAD AGRO INDUSTRIES (PVT) LTD. (Plaintiff) VS COLLECTOR OF CUSTOMS & OTHERS (Defendant) S.B. Order 12-JUN-14 Yes Hon'ble Mr. Justice Nazar Akbar
185 Cr.Bail 605/2013 (S.B.) Sindh High Court, Circuit at Larkana 2013 Safdar Ali Mugheri (Applicant) VS The state (Respondent) S.B. Order 05-MAY-15 Yes Hon'ble Mr. Justice Nazar Akbar
186 2015 MLD 1415 Suit 637/1983 (S.B.) Sindh High Court, Karachi 1983 M/S. NATIONAL MOTORS (Plaintiff) VS GOVT. OF PAKISTAN (Defendant) S.B. Judgement 10-FEB-15 Yes Arbitration Act (X of 1940)--- ----Ss. 30 & 33---Contract for supply of vehicles---Arbitration award in favour of defendant was remitted by the court with directions to the arbitrator to state reasons for the award, which direction was not complied with by the arbitrator---Defendant, during pendency of said arbitration proceedings, appropriated an amount lying with it, which amount was in consideration for another later contract between the parties---Plaintiff's present suit for recovery sought recovery of the said amount---Held, that the defendant's act of appropriation of amount in respect of the earlier contract from amount lying with the defendant under a contract was not justified nor lawful---Failure of defendant to pursue legal remedy for recovery of said amount once arbitration award was set aside by the court rendered the defendant liable to refund the said amount forthwith---Suit was decreed accordingly. Hon'ble Mr. Justice Nazar Akbar
187 Spl.Cr.A.T.A. 42/2013 (D.B.) Sindh High Court, Karachi 2013 Shahab Zaman (Appellant) VS The State (Respondent) D.B. Judgement 16-APR-15 Yes Hon'ble Mr. Justice Naimatullah Phulpoto, Hon'ble Mr. Justice Nazar Akbar
188 2016 PCr.LJ 114 Cr.Misc. 113/2015 (S.B.) Sindh High Court, Karachi 2015 Suleman Lalani S/o Shamsuddin (Applicant) VS The State & another (Respondent) S.B. Order 02-JUL-15 Yes Criminal Procedure Code (V of 1898)--- ----S. 561-A---Penal Code (XLV of 1860), Ss. 503 & 506---Quashing of proceedings, application for---Criminal intimidation---Respondent/ complainant, who was Executive Director of a Sugar Mill, lodged complaint that applicant, who was also one of the Directors of same Mill, and also Chief Executive of another company, in the meeting of Board of Directors of the Mill, had threatened the respondent to kill him and his family---After investigation and recording statements under S. 161, Cr.P.C., of the participants of the meetings of the Board of Directors, prosecution had submitted charge sheet against the applicant in the court of Magistrate, showing the name of applicant in column No.2 as absconder---Applicant had filed application under S.561-A, Cr.P.C., for quashing the proceedings, against him---Facts which had negated the claim of the complainant that he and his family were under threat of the death by the applicant were; that the conduct of applicant/accused did not show that at any point of time he had the will or wish to take the law in his hands; that alleged incident took place within 15 minutes of the start of the meeting of the Board of Directors, and meeting did not end in fiasco---Requirements of the S.503, P.P.C., therefore, were missing in the case---Complainant did exactly what he wanted to do, and did nothing which he was not legally supposed to do; that minutes of the meeting were silent about any untoward incident during the meeting---Contents of FIR and the statements under S. 161, Cr.P.C., of the prosecution witnesses stood contradicted by the record of the minutes of the meeting, during which alleged threats were issued by applicant/accused; that very fact that applicant, after the meeting, instead of committing any threatened criminal offence, preferred to file a civil suit, which had further confirmed that applicant had no will or wish and intention of causing any injury or harm to the complainant and his family; that there was a delay of eight days in lodging FIR; that no record of any attempt to arrest applicant/accused had been disclosed by the prosecution; that applicant/accused having not used any weapon in the course of alleged intimidation, there was no justification to register case under S. 506, P.P.C.; that Judicial Magistrate, also acted mechanically by accepting the challan, and did not exercise his authority in terms of S. 173, Cr.P.C.---Contents of FIR and statements of the prosecution witnesses recorded under S.506, P.P.C., were not enough to constitute a cognizable offence; that Magistrate, not only failed to exercise his jurisdiction with conscious mind under S.173, Cr.P.C., but also started proceedings in an unprecedented haste---Cognizable offence under S.506, P.P.C., was not made out for trial---Trial of a case on the facts of FIR lodged by respondent/complainant, was waste of precious time of court, besides uncalled for harassment to the applicant---Magistrate, did not apply his judicial mind to the provisions of S.173, Cr.P.C., in accepting the challan of case, which on the face of it was lacking in the material to support the prosecution story---Applicant was justified in approaching High Court---Since no cognizable offence had been made out against the applicant, prosecution of the case before Judicial Magistrate, arising out of FIR, was sheer abuse of process of the court---FIR and proceedings of the case, stood quashed in circumstances. Hon'ble Mr. Justice Nazar Akbar
189 2016 CLD 421 II.A. 8/2009 (S.B.) Sindh High Court, Circuit at Hyderabad 2009 Ghulam Muhammad (Appellant) VS Anand Kohistan Cotton and an Other (Respondent) S.B. Judgement 17-AUG-15 Yes (a) Registration Act (XVI of 1908)--- ----S. 17---Suit filed by registered firm---Not hit by S. 17, Registration Act, 1908---Appeals were dismissed. (b) Civil Procedure Code (V of 1908)--- ----S. 100---Second appeal---Scope---Scope of second appeal was limited to three grounds mentioned in S. 100, C.P.C.---In the present case, none of the ingredients of S. 100, C.P.C. had been found in memo. of appeal or in grounds of appeal---Appellant had failed to point out anything contrary to law or to some usage having force of law in judgments and decrees of lower courts---Appellant had not pointed out any misreading or non-reading of evidence nor he had been able to point out any legal lacuna in findings of lower court---Second appeals were dismissed, in circumstances. Hon'ble Mr. Justice Nazar Akbar
190 2017 CLC 564 Civil Revision 149/1992 (S.B.) Sindh High Court, Karachi 1992 Hajiani Dhana & Ors Thr.L.Rs. (Applicant) VS Tahir Ali & Ors (Respondent) S.B. Judgement 03-OCT-16 Yes (a) Specific Relief Act (I of 1877)--- ----S. 12---Qanun-e-Shahadat (10 of 1984), Art.17---Suit for specific performance of agreement to sell---Proof---Procedure---Preponderance of evidence---Scope---Agreement of sale was required to be proved by two witnesses of execution of agreement---Rule of production of two witnesses as proof of execution of a document was not an absolute rule to be applied in every case---Every case had to be decided on its own merits both of facts and law---Need to provide proof of execution of agreement would arise when the denial had come from the executant of said agreement---Executant of agreement to sell, in the present case, had admitted the same and also the sale consideration---Each and every aspect of documents produced by the parties was to be assessed while evaluating the evidence---Preponderance of evidence had to be gathered from oral statement with reference to the documents produced by the parties---Trial Court had not examined the evidence properly---Appellate Court had rightly set aside the findings of Trial Court and decreed the suit---Revision was dismissed in circumstances. Muhammad Hafeez and another v. District Judge, Karachi East and another 2008 SCMR 398 ref. (b) Specific Relief Act (I of 1877)--- ----S. 12---Suit for specific performance---Maintainability---Suit for specific performance would be maintainable only when either of the party had refused to perform his part of contract---Once the two sides of a contract even during the course of litigation agreed to perform their respective obligations under the contract, court would cease to have jurisdiction and it could not pass any order except the order that the suit was dismissed for having become infructuous. Hon'ble Mr. Justice Nazar Akbar
191 2020 PLD Sindh 129 R.A (Civil Revision) 82/2018 (S.B.) Sindh High Court, Karachi 2018 Arthur Lawerance Private Limited (Applicant) VS M/S Actlaw (The Legal Consortium) (Respondent) S.B. Judgement 05-APR-19 Yes (a) Civil Procedure Code (V of 1908)--- ----Ss. 115, 6 & 15 & O. VII, R. 10---Revision before High Court---Procedure---Revision, in the present case, was filed before High Court without availing remedy before District Judge---Validity---Power of High Court with regard to the cases decided by any Court subordinate to High Court in which no appeal lay was not subject to any limitation---Revisional power of District Court was dependent on its pecuniary jurisdiction---Revisional power of Court was unfettered when it was exercised by the High Court and/ or District Court suo motu---When such jurisdiction had been invoked then copies of all the proceedings should have been furnished and revision should have been filed within ninety days from the date of order in which no appeal lay---Revisional powers of High Court and District Court were concurrent only when it was exercised by said courts at their own---Pecuniary value of claim of petitioner, in the present case, did not exceed the limits of appellate jurisdiction of District Court---If suit had been dismissed or decreed by the Trial Court on merit then first appeal would lie before District Judge on account of pecuniary value of the decretal amount---When revisional jurisdiction had been invoked against a particular order then it would not be a case of concurrent jurisdiction and mandatory provisions of S.6 read with Ss.15 to 20 of C.P.C. were also be considered---Aggrieved party had no option in the matter of jurisdiction of Court and it should respect each and every word of statute with regard to the jurisdiction---Every suit was to be instituted in the Court of lowest grade---Provisions of Ss.6 & 15 of C.P.C. were to be complied with while filing revision/appeal---Revision/appeal could not be filed in the High Court unless pecuniary value of the subject matter did exceed the appellate jurisdiction of District Court---When case had been filed in a Court which had no jurisdiction on pecuniary ground then plaint/revision should be returned to the party to file it in the Court having both territorial and pecuniary jurisdiction within limitation prescribed for filing the same---Petitioner had consumed more than ninety days time to overcome objection raised by the office---Revision petition could not be presented in the Court of District Judge after expiry of ninety days which was dismissed, in circumstances. Muhammad Din v. Muhammad Amin PLD 1995 Lah. 15 and Mst. Safia Mushtaq v. Wali Muhammad and 18 others 2010 CLC 120 distinguished. Khalid Ahmed and another v. Syed Hassan Shah Bukhari and others 1994 MLD 903; HOECHST Pakistan Limited and others v. Maqbool Ahmed and another 1998 CLC 134 and Shafi-ur-Rehman and 2 others v. Fateh Muhammad PLD 2002 Kar. 511 rel. (b) Appeal--- ----Appeal/revision was a continuation of original suit. (c) Interpretation of statutes--- ----Court could not interpret one section of an Act which might render the other mandatory provision of the said Act meaningless. Hon'ble Mr. Justice Nazar Akbar(Author) C.P.2380/2019 Arthur Lawrence (Pvt) Ltd, Karachi v. M/s Actlaw, Karachi Before Supreme Court of Pakistan Disposed Dismissed
192 2018 YLR 41 Cr.Rev 67/2016 (S.B.) Sindh High Court, Karachi 2016 ALEEMUDDIN S/O ABDUL QAVI (Applicant) VS BALBAN HAMEED & ORS (Respondent) S.B. Judgement 18-APR-17 Yes Illegal Dispossession Act (XI of 2005)--- ----Ss. 3 & 4---Illegal dispossession---Appreciation of evidence---Complainant had alleged that he was absolute and exclusive owner of the suit property being purchaser of the same---Proposed accused persons/respondents had encroached upon the same without any lawful authority---Record showed that complaint was filed along with the report of police inquiry---Documents annexed with the criminal revision against the proposed accused persons/respondents were copies of documents from an earlier complaint, which was dismissed---Basic ingredients of a complaint in terms of S. 3 of the Act were missing---Allegation of use of force for dispossession of the appellant/ complainant from the premises in question was not mentioned anywhere in the complaint---Even date of dispossession was not given in the memo---Allegedly, plot was purchased by complainant from attorney of the original owner but power of attorney was not on the record---Complainant was not in possession of suit plot for over twenty years as the plot was not demarcated---Earlier complaint of complainant/appellant was dismissed and if he was aggrieved by the disposal of his earlier complaint, he should have filed appeal/revision---Filing a fresh complaint on the same facts was not permissible---Circumstances established that dispute, in the present case, of civil nature and could only be resolved in civil court---Application was, therefore dismissed in circumstances. Hon'ble Mr. Justice Nazar Akbar
193 II.A. 97/2012 (S.B.) Sindh High Court, Karachi 2012 Taha Mubeen Qureshi (Appellant) VS Karim Housing (Pvt) Ltd & Ors (Respondent) S.B. Judgement 10-JUN-20 Yes Hon'ble Mr. Justice Nazar Akbar(Author) C.A.83-K/2012 Mst. Ishrat Zaidi v. Sabir Hussain Siddiqui and others,C.P.330-K/2012 Mst. Ishrat Zaidi v. Sabir Hussain Siddiqui and others Before Supreme Court of Pakistan Disposed ,Disposed Leave Granted
194 2019 CLC 1323 Civil Revision 76/2015 (S.B.) Sindh High Court, Karachi 2015 Fozia Rahat (Applicant) VS Masood Ahmed & Others (Respondent) S.B. Judgement 10-JAN-19 Yes (a) Civil Procedure Code (V of 1908)--- ----O. I, R. 10 & O. XLI, R. 20 & S. 96---Suit for declaration---Appeal---Impleadment of party as co-appellant---Amendment of appeal---Effect---Applicants filed application for impleadment in the appeal which application was accepted and they were impleaded as co-appellants---Validity---Party could be impleaded at any stage even in appeal as appeal was continuation of suit---Applicants could be impleaded in appeal if they had bona fide interest in the result of appeal---Applicants were to be allowed to join as respondents in the appeal and not as appellants---If applicants were aggrieved by the order impugned in appeal then they could file an appeal even if they were not party to the suit subject to law of limitation---Applicants, in the present case, were not necessary party in whose absence an effective judgment in appeal could not be delivered by the Appellate Court---Neither there was any order to amend the appeal by the newly added co-appellants nor an appeal could be amended suo motu or at the will of appellants---Amended appeal was to be considered from the date of its presentation---Decree impugned in the appeal was not even binding on the applicants as they were not party to the suit---High Court observed that purpose for filing of application for impleadment was to delay the decision of appeal on merits---Impugned order passed by the Appellate Court was set aside---Appellate Court was directed to decide the appeal on merits within one month---Revision was allowed, in circumstances. Hon'ble Mr. Justice Nazar Akbar
195 2018 PLD 122 Suit 1553/2012 (S.B.) Sindh High Court, Karachi 2012 ABDUL SATTAR MANDOKHEL (Plaintiff) VS ADMINISTRATOR (CDGK) (Defendant) S.B. Judgement 06-SEP-17 Yes Legal Practitioners and Bar Councils Act (XXXV of 1973)-- ----Preamble---Constitution of Pakistan, Art. 10-A---Non-appearing of counsel---Code of Conduct, violation of---Scope---Responsibility of Institutions/departments engaging counsel---Scope---Non-attending the court by the counsel amounted to breach of the Code of Conduct of Counsel towards client---Court issued notices to non-appearing counsel through Provincial Bar Council purpose, being to ensure that Bar Council be aware of the conduct of its members---High Court observed that in number of cases, despite orders of the Court no action had been taken by the institutions like City Development Authority and Municipal Corporation against delinquent counsel---Such conduct of the counsel in most of the cases could not be considered as an oversight or mistake rather, to say the least, their wilful absence facilitated the Court in passing adverse order against their clients---When huge public money was involved, court, in absence of counsel was to be more careful---Different counsel, in the present case, had filed power of attorney on behalf of the institution but they have appeared hardly on five dates out of more than twenty dates of hearing---Not only in the present case, but in many other cases, High Court had reported the matter of such conduct of counsel to the Provincial Bar Council for action---Such absence of counsel was not only violation of conduct of lawyers provided under the Legal Practitioners and Bar Councils Act, 1973 but it was also against the constitutional guarantee for fair trial envisaged under Art.10-A of the Constitution---High Court further observed that court alone could not guarantee "fair trial" and for quality judgment from the court, the litigant and counsel both had to honestly contribute---High Court issued notice to the Principal Law Officer of the Institution for next date of hearing with complete report of cases decided for or against the Institution since 1-1-2017 till date along with reports from the audit and accounts department that how much public money had been utilized by the Institution in litigation in the name of professional fee of counsel and other miscellaneous expenses---All that was necessary to check the possibility of collusion of legal department of the Institution and the counsel and the litigants who sue the Institution or other semi government institutions for recovery of money---Copy of the present order was directed by High Court to be sent to Head of the Institution so that any remedial measures could be taken by them---Case was adjourned accordingly. Hon'ble Mr. Justice Nazar Akbar
196 2019 CLC Note 25 Const. P. 1575/2017 (S.B.) Sindh High Court, Karachi 2017 Muhammad Akram Thr. M Anwer Khan (Petitioner) VS Shri Mahant Baboo Lalgir Mahraj & Others (Respondent) S.B. Judgement 20-DEC-18 Yes Sindh Rented Premises Ordinance (XVII of 1979)--- ----Ss. 15, 18, 20 & 21---Ejectment of tenant---Change of ownership on the basis of decree of the Court---Denial of relationship of landlord and tenant by the tenant---Default in payment of rent---Expression "or by such other mode" in S. 18 of the Ordinance---Scope---Dispute of title or ownership---Determination of---Procedure---Landlord became owner of demised premises through decree of the Court and tenant was intimated with regard to change of ownership and was requested for payment of rent to the new landlord---Tenant denied the relationship of landlord and tenant---Eviction petition was allowed by the Rent Controller on the ground of default in payment of rent---Appellate Court remanded the matter to the Rent Controller with the direction to decide the same afresh after giving opportunity of hearing to the parties and directed the civil Court to amend the decree passed in the civil suit---Contention of tenant was that decree of the Court did not create any title---Validity---Tenants were in possession on the demised premises as tenants and they were not claiming ownership---Notice for change of ownership of demised premises had been received by the tenants---Tenants were bound to tender rent to the new owner of the demised premises within 30 days from the moment they had received the intimation of transfer of ownership by sale, gift, inheritance "or by such other mode"---Notice from new owner to the tenant for change of ownership was enough---Tenants on receiving the said notice refused to tender rent to the new owner on the ground that the decree of Court did not create any title---Decree of Court could also be one of the "such other mode" for transfer of ownership of demised premises---Decree of Court was against previous landlord/owners who were party to the suit in which same was passed---Tenant had no right to question the title of landlord---Tenants on receiving notice of change of ownership were supposed to protect their right as tenant in the demised premises in their possession by tendering rent to the person who had sent them the notice---Tenants had failed to tender rent to the new owner of demised premises---Courts while exercising authority under the law had no jurisdiction to decide or even comment on the title/ownership of the property in possession of tenant---If issue of relationship of landlord and tenant was complex then it should be left for the Civil Court to decide the same---Appellate authority in the present case had remanded the matter to the Rent Controller with the direction to decide the issue of relationship between the tenant and new landlord by re-examining the issue of ownership/title of demised premises already decided by the Civil Court---Judgment of Civil Court could not be examined by the Rent Controller---Appellate Court had exercised powers not vested in it and order for modification/preparation of fresh decree and remand of the case was perverse and void---Impugned order passed by the Appellate Court was set aide and order for preparation of fresh decree and remand of rent case were declared null and void---Tenants were directed by the High Court to vacate the demised premises within thirty days---Constitutional petition was disposed of accordingly. Messrs Habib Bank Limited v. Sultan Ahmed and another 2001 SCMR 679 and Allahditta and others v. Member (Federal) Board of Revenue 2018 SCMR 1177 rel. Hon'ble Mr. Justice Nazar Akbar C.P.95-K/2019 Evacuee Trust Property Board (ETPB) thr. Administrator v. Shri Mahant Baboo Lalgir and others Before Supreme Court of Pakistan Disposed Converted into Appeal and Allowed
197 Cr.Acq.A. 80/2020 (D.B.) Sindh High Court, Circuit at Hyderabad 2020 MST. BENAZIR ZARDARI (Appellant) VS A.D.J I TANDO ADAM & OTHERS (Respondent) D.B. Order 12-JAN-21 Yes Hon'ble Mr. Justice Nazar Akbar(Author), Hon'ble Mr. Justice Khadim Hussain Tunio(Author)
198 Const. P. 1173/2020 (D.B.) Sindh High Court, Circuit at Hyderabad 2020 Waseem Ahmed (Petitioner) VS FED Of Pakistan & Other (Respondent) D.B. Order 13-JAN-21 Yes Hon'ble Mr. Justice Nazar Akbar(Author)
199 Const. P. 587/2020 (S.B.) Sindh High Court, Circuit at Hyderabad 2020 Mir Muhammad Raza Talpur (Petitioner) VS Civil Judge Hyd & anothers (Respondent) S.B. Order 11-JAN-21 Yes Hon'ble Mr. Justice Nazar Akbar(Author)
200 Spl.Anti.Ter.A. 102/2020 (D.B.) Sindh High Court, Karachi 2020 AGHA JAN S/O ESSA MUHAMMAD (Appellant) VS THE STATE (Respondent) D.B. Judgement 16-DEC-20 Yes Hon'ble Mr. Justice Nazar Akbar, Hon'ble Mr. Justice Zulfiqar Ahmad Khan(Author)
201 Spl.Anti.Ter.J.A. 217/2019 (D.B.) Sindh High Court, Karachi 2019 MALIK KASHIF AWAN @ TINDO S/O MUHAMMAD ANWAR (Appellant) VS THE STATE (Respondent) D.B. Judgement 24-NOV-20 Yes Hon'ble Mr. Justice Nazar Akbar, Hon'ble Mr. Justice Zulfiqar Ahmad Khan(Author)
202 Spl.Anti.Ter.J.A. 247/2019 (D.B.) Sindh High Court, Karachi 2019 NABEEL @ CHEER S/O AKHTAR ZAMAN (Appellant) VS THE STATE (Respondent) D.B. Judgement 24-NOV-20 Yes Hon'ble Mr. Justice Nazar Akbar, Hon'ble Mr. Justice Zulfiqar Ahmad Khan(Author)
203 Spl.Anti.Ter.A. 270/2018 (D.B.) Sindh High Court, Karachi 2018 AHSANULLAH @ IMRAN S/O TALIB JAN (Appellant) VS THE XVIITH ANTI-TER COURT KHI & ANOTHER (Respondent) D.B. Judgement 17-NOV-20 Yes Hon'ble Mr. Justice Nazar Akbar, Hon'ble Mr. Justice Zulfiqar Ahmad Khan(Author)
204 2019 CLC 623 Suit 1187/2006 (S.B.) Sindh High Court, Karachi 2006 MRS.FOUZIA NAZIR (Plaintiff) VS MUHAMMAD TALIB (Defendant) S.B. Order 19-FEB-19 Yes Civil Procedure Code (V of 1908)--- ----O. XXI, R. 103---Decree holder---Rights and duty---Decree, execution of---Procedure---Decree-holder instead of filing execution petition took the suit file to the Nazir of the Court and managed to get report from the Nazir and filed application for order thereon from the Court---Validity---Neither any direction was issued for the defendants to appear before the Nazir nor he had summoned them---No justification existed for the Nazir to prepare report and refer the matter to the Court for further direction---Civil Court became functus officio after passing judgment and decree---Executing Court had to follow the provisions of O. XXI, C.P.C. for execution of judgment and decree if execution petition was filed by the decree-holder---Once the suit was decreed plaintiff ceased to be plaintiff and became a decree-holder---Decree-holder was not supposed to obtain any further order in the disposed of suit---Decree-holder acquired rights under the decree and to enforce his rights he had to file an execution application---Nazir of the Court could not assume the role of Executing Court and prepare a report after examining the judgment and decree at his own or on the request of plaintiff---Additional Registrar (O.S) of the High Court was directed to hold an inquiry against the concerned staff of the suit branch for sending the suit file to the Nazir office---Staff who had sent file if found guilty of inefficiency or corruption should be proceeded against according to service Rules---Nazir of the Court was directed not to receive and retain any suit file in his office in which there was no direct order of the Court---Nazir should not entertain any written or oral request of the parties to prepare any report/reference in a suit disposed of through the judgment and decree unless Executing Court had been approached. Hon'ble Mr. Justice Nazar Akbar(Author)
205 2015 CLC 1061 Suit 217/2009 (S.B.) Sindh High Court, Karachi 2009 MUHAMMAD ASHRAF & OTHER (Appellant) VS V/S DILSHAD ALI & ORS. (Defendant) S.B. Order 10-DEC-14 Yes Specific Relief Act (I of 1877)--- ----S. 12---Civil Procedure Code (V of 1908), O. I, R. 10---Suit for specific performance of contract---Stranger to the contract---Impleadment of party---Scope---Intervener could not be a proper or necessary party in the suit for specific performance of contract as he had no privity to the contract sought to be enforced---No justification existed to implead interveners as defendant in a suit for specific performance of contract---Only contracting parties were supposed to be before the court in the suit for specific performance of contract---Stranger could not be impleaded as party in such suit. Hon'ble Mr. Justice Nazar Akbar
206 2014 CLC 420 Suit 433/2000 (S.B.) Sindh High Court, Karachi 2000 MRS. SHABINA AZIZ (Plaintiff) VS STATE LIFE INSURANCE CORP. OF PAKISTAN (Defendant) S.B. Order 10-OCT-13 Yes (a) Civil Procedure Code (V of 1908)--- ----O. XVI, R. 1(2)---Limitation Act (IX of 1908) S.3---Summoning and attendance of witnesses---Object, scope and nature of O.XVI R.1, C.P.C.---List of witnesses, non-filing of---Provisions of O.XVI, R.1, C.P.C. were mandatory---Use of the word "shall" in O.XVI, R.1(1), C.P.C. was re-emphasized with a prohibition that the party "shall not" be permitted to call witnesses other than those in the said list except with the permission of the court on showing "good cause" for the omission of said witnesses from the list---Time limit was an essential requirement of O.XVI, R.1, C.P.C. for seeking any relief with respect to summoning and attendance of court witnesses---Limitation of seven days was imposed so that the other side should be well aware of possible evidence expected in the case to meet it in rebuttal---Such limitation, if was allowed to be flouted with impunity, then the parties would keep on surprising each other by introducing witnesses and documents in evidence---After seven days from the time of framing of issues, upon failure to file list of witnesses, a statutory right was accrued in favour of opposite party which was; that even if evidence was available with a party such evidence shall not be used by the party having such evidence in their possession---Said right was analogized to the right of parties under S.3 of the Limitation Act, 1908---Rights survived but the remedy was extinguished---Evidence may be available but its effect was barred seven days after framing of issues by the court---Not only the "good cause" had to be shown by the delinquent party for calling a witness through the court but at the same time the applicant was required to explain the delay in disclosing the name of the witness---Failure of party to explain such delay would disentitle such party from getting relief and it would be against the spirit of the law to causally condone the time limit given in O.XVI, R.1, C.P.C. in the name of doing justice on merit. Muhammad Umar Mirza v. Waris Iqbal and others 1990 SCMR 964; 2008 YLR 1871 and 2008 CLC 1334 rel. (b) Administration of Justice--- ----Submission of irrelevant case-law by counsel appearing in court---Complaint of overwork in the judiciary was one of the basic obstacles in the administration of justice and it was not for the courts alone to administer justice and ensure that justice was not denied on account of inordinate delay in the disposal of cases---Each and every lawyer appearing in court had an equal responsibility to ensure that they should not consume the time of the court out of proportion to the issue in hand on the date of hearing---Very valuable time of the court can be consumed in the reading of case-law submitted by counsel and if such case-law was not relevant, it was one of the major contributing factor in the delay of administration of justice----Counsel were expected to be brief and to the point to help save time of the courts which in turn would utilized by the courts in disposal of other cases particularly the old cases. Hon'ble Mr. Justice Nazar Akbar
207 2014 PLD 264 Suit 836/2012 (S.B.) Sindh High Court, Karachi 2012 KHURRAM NASEEMUDDIN (Plaintiff) VS FEDERATION OF PAKISTAN & OTHERS (Defendant) S.B. Judgement 21-NOV-13 Yes Specific Relief Act (I of 1877)--- ----Ss.42, 54, 56 (d) & (e)---Federal Investigation Agency Act, 1974 (VIII of 1975), S.5---Suit for declaration and injunction---Criminal investigation---Refusal of injunction---Plaintiff assailed notices issued by Federal Investigation Agency (FIA) to Habib Bank Limited in furtherance of inquiry that certain immovable properties of someone had been fraudulently offered by two persons to various banks for obtaining loans against said properties in favour of plaintiffs company---Validity---Defendants were officers of FIA established under Federal Investigation Agency Act, 1974 and were fully competent to inquire into fraud committed by different persons in obtaining loans from banking institutions---One of the defendants was posted in commercial banks circle and it was within the purview of his duty to inquire into and investigate complaint registered, numbered and marked to him in terms of S.5 of Federal Investigation Agency Act, 1974---Remedy was quashment, if made out and not simple declaration and decree prohibiting public functionaries from performing their duties within the four corners of law---Suit was dismissed in circumstances. Mian Hamza Shahbaz Sharif v. Federation of Pakistan and others 1999 PCr.LJ 1584; Messrs K.G. Traders and others v. Deputy Collector of Customs and 4 others PLD 1997 Kar. 541; Assistant Director Intelligence and Investigation, Karachi v. Messrs B.R. Herman and others PLD 1992 SC 485; Shahzad Ahmed Corporation v. Federation of Pakistan and others 2005 PTD 23 and 2005 PTD (Trib) 135 distinguished. Hon'ble Mr. Justice Nazar Akbar
208 2014 YLR 2331 Const. P. 575/2009 (S.B.) Sindh High Court, Karachi 2009 Mrs. Samina Zaheer Abbas (Petitioner) VS Mr. Hassan S. Akhtar & Ors (Respondent) S.B. Order 04-AUG-14 Yes Sindh Rented Premises Ordinance (XVII of 1979)--- ----Ss. 16, 21 & 15---Constitution of Pakistan, Arts.199 & 4---Constitutional petition---Scope---Ejectment of tenant---Tentative rent order, non-compliance of---Effect---Landlords filed an ejectment petition wherein they moved an application under S. 16(1) of the Sindh Rented Premises Ordinance, 1979---Application for payment of arrears of rent was accepted and tenant was directed to deposit the same who failed and her defence was struck off---Eviction petition was accepted concurrently---Validity---Tenant had failed to comply with the tentative rent order and she was guilty of non-compliance of the direction to deposit monthly rent---Said findings were findings of facts and no evidence was required to come to such conclusion---Order passed by the Appellate Authority was final and same could not be challenged through constitutional petition on the ground that "no other adequate remedy" had been provided by law or said finality attached to the order had violated the constitutional guarantees provided under Art. 4 of the Constitution to the tenant---Constitutional petition was dismissed and tenant was directed to vacate the premises within specified period. Hon'ble Mr. Justice Nazar Akbar C.P.265-K/2014 Samina Zaheer Abbas v. Hasan S. Akhtar and others Before Supreme Court of Pakistan Disposed Dismissed as Withdrawn
209 Suit 1214/2013 (S.B.) Sindh High Court, Karachi 2013 Muhammad Nasir (Plaintiff) VS Zeehsan Parvez (Defendant) S.B. Order 07-NOV-13 Yes Hon'ble Mr. Justice Nazar Akbar
210 2015 CLC 790 Suit 1222/2008 (S.B.) Sindh High Court, Karachi 2008 SHAH MUHAMMAD (Plaintiff) VS EXPORT PROCESSIN ZONES AUTHORITY (Defendant) S.B. Judgement 17-OCT-14 Yes Civil Procedure Code (V of 1908)--- ----O. VII, R. 11---Specific Relief Act (I of 1877), S. 42---Limitation Act (IX of 1908), S. 3---Export Processing Zones Authority Ordinance (IV of 1980), S. 24---Suit for declaration---Plaint, rejection of---Scope---Contention of defendant was that plaint did not disclose cause of action and plaintiff had no locus standi to institute the present suit---Validity---Existence of "cause of action" to raise the "dispute" before a legal forum could not be denied when parties through their pleadings had directly or indirectly confirmed that they had a dispute between them---Contract between the parties with the title of "general agreement" was on record---Defendant had right to invoke arbitration clause under the said agreement---Dispute between the parties could not be decided without recording of evidence---Section 24 of Export Processing Zones Authority Ordinance, 1980 did not bar jurisdiction of civil court in deciding dispute with regard to declaration of right acquired under general agreement and lease deed---Question of point of time or computation of period of limitation to take the benefit of S.3 of Limitation Act, 1908 did not arise as long as the "cause of action" continued---Application for rejection of plaint was dismissed in circumstances. Hon'ble Mr. Justice Nazar Akbar
211 Cr.Appeal 233/2008 (D.B.) Sindh High Court, Karachi 2008 Muhammad Saleh Mallah (Appellant) VS The State (Respondent) D.B. Judgement 31-MAY-15 Yes Hon'ble Mr. Justice Naimatullah Phulpoto, Hon'ble Mr. Justice Nazar Akbar
212 2015 PLD 326 Suit 557/2013 (S.B.) Sindh High Court, Karachi 2013 Anwar Ahmed. (Plaintiff) VS V/S Waqar Ahmed and others. (Defendant) S.B. Order 15-JAN-15 Yes (a) Sindh Chief Court Rules (O. S.)--- ----Rr. 145, 146 & 147---Deficiency in service of summons---Effect---Proper service of summons and notices on the defendants was the foundation of proper exercise of jurisdiction of court---Improper service would result in either multiplicity of litigation or setting aside of ex parte order which would result in inordinate delay in the disposal of cases on merits---Failure of Additional Registrar High Court in discharging his duty would adversely affect not only valuable rights of the litigants but also render the court proceedings defective and meaningless---Final order on defective foundation were prone to be set aside either by the same court under S.12(2), C.P.C. or on appeal by the Appellate Court---Proceedings before the Additional Registrar High Court were judicial and order of the same were acts of court---Registrar High Court was directed to hold an audit of performance of Additional Registrar High Court and examine all the cases as well as disposal of ex parte judgment and decree on the basis of defective service of summons and submit report so that in future process could be properly issued and served---If ex parte decrees were passed on the basis of defective service then same would result in condemning many of the litigants---Court was bound to ensure justice to all and if any injustice was caused to anyone on account of negligence or incompetency of its officer in discharging his duties then same should not be allowed to be perpetuated---Registrar High Court was further directed to place report before the Chief Justice for his information and action if so desired---Role of counsel was to ensure proper application of "Rules for Service" on the defendants and assist the court even at the level of Additional Registrar of High Court to apply his judicial mind instead of capitalizing on such defects at initial stage of litigation for the benefits of their clients. (b) Administration of justice--- ----Court was bound to ensure justice to all and if any injustice was caused to anyone on account of negligence or incompetency of its officer in discharging his duties then same should not be allowed to be perpetuated. (c) Administration of justice--- ----Role of counsel in a case, was to ensure proper application of "Rules for Service" on the defendants and assist the court even at the level of Additional Registrar of High Court to apply his judicial mind instead of capitalizing on such defects at initial stage of litigation for the benefits of their clients. Hon'ble Mr. Justice Nazar Akbar
213 2015 PTD 1308 Suit 83/2015 (S.B.) Sindh High Court, Karachi 2015 Nawab Brothers Steel Mills Ltd., & another. . (Plaintiff) VS Federation of Pakistan & Others (Defendant) S.B. Judgement 27-JAN-15 Yes Customs Act (IV of 1969)--- ----Ss.18(3), 30, 79, 104 & 131---Specific Relief Act (I of 1877), Ss.42 & 54---Civil Procedure Code (V of 1908), O.XXXIX, Rr.1 & 2---Notification S.R.O. 18(I)/2015, dated 14-1-2015---Suit for declaration and injunction---Interim injunction, grant of---Rate of duty---Determination---Principle---Plaintiffs imported goods from foreign supplier under contract executed prior to issuance of Notification S.R.O. 18(I)/2015, dated 14-1-2015---Plea raised by plaintiffs was that authorities be restrained from applying/deducting regulatory duty in terms of notification S.R.O. 18(I)/2015, dated 14-1-2015---Validity---Manner and method of date of determination of rate of duty on goods imported into Pakistan were subject to Ss.79 & 104 of Customs Act, 1969, and date of determination of rate of duty on goods exported was subject to provisions of S.131 of Customs Act, 1969---Imposition and collection of regulatory duty on "import" and "export" was different and distinct and no analogy could be drawn for interpreting the provision of one section of the statute with the other section in the same statute by referring to case-law dealing with one particular levy---Provisions of notification S.R.O. 18(I)/2015, dated 14-1-2015, were applicable on shipments of plaintiffs in terms of S.30 of Customs Act, 1969, irrespective of the fact that plaintiffs had entered into contract for purchase of consignments with foreign suppliers and opened letter of credits prior to 14-1-2015---High Court declined to grant interim injunction against applicability of notification S.R.O. 18(I)/2015, dated 14-1-2015---Suit was dismissed in circumstances. Hon'ble Mr. Justice Nazar Akbar
214 2016 MLD 1696 Civil Revision 19/2013 (S.B.) Sindh High Court, Circuit at Hyderabad 2013 Mst Shahida Parveen (Appellant) VS Saiful Malook (Respondent) S.B. Judgement 17-AUG-15 Yes (a) Specific Relief Act (I of 1877)--- ----S.12---Qanun-e-Shahadat (10 of 1984), Art. 79---Suit for specific performance to sell immovable property---Agreement to sell, proof of---Scope---Contention of plaintiff was that she purchased suit property form defendant on the basis of agreement to sell---Validity---Burden was on plaintiff to prove the existence of agreement to sell and handing over of possession of suit property through sale agreement---Record showed that neither plaintiff had produced receipt of payment nor she had produced marginal witnesses or any other witness to prove execution of sale agreement with defendant---Sole testimony of plaintiff was not sufficient, thus, plaintiff had failed to discharge her burden in terms of S.79 of Qanun-e-Shahadat, 1984. (b) Civil Procedure Code (V of 1908) --- ----S. 115---Revision---Concurrent findings of lower courts---Concurrent findings of lower courts could not be set aside in exercise of jurisdiction under S.115 of C.P.C. unless same were found perverse or contrary to record. Hon'ble Mr. Justice Nazar Akbar
215 2016 PLD 232 II.A. 13/2011 (S.B.) Sindh High Court, Circuit at Hyderabad 2011 Mst. Sughra Begum & Ors (Appellant) VS Mst. Akbari Begum & Ors (Respondent) S.B. Order 07-SEP-15 Yes Islamic Law--- ----Inheritance---Nephew being son of pre-deceased brother could not claim inheritance even as vested inheritance as his father was not alive at the time of opening of succession---Daughter being sole legal heirs was entitled to half of the estate of the deceased as sharer and the remaining half which was to be treated as residue would also devolve on her---Both the courts below had passed judgments and decrees in violation of law of inheritance---Impugned judgments and decrees being contrary to law were set aside and suit filed by the plaintiffs was dismissed---Second appeal was allowed in circumstances. Hon'ble Mr. Justice Nazar Akbar C.A.41-K/2016 Mst. Akbari Begum and others v. Mst. Sughra Begum and others,C.P.585-K/2015 Mst. Akbari Begum and others v. Mst. Sughra Begum and others Before Supreme Court of Pakistan Disposed Allowed,Disposed Leave Granted (Refixed after two months)
216 Cr.Appeal 402/2002 (S.B.) Sindh High Court, Karachi 2002 Muhammad (Appellant) VS The State (Respondent) S.B. Judgement 15-OCT-15 Yes Hon'ble Mr. Justice Nazar Akbar
217 2016 PCr.LJ 700 Cr.Rev 46/2007 (S.B.) Sindh High Court, Karachi 2007 Muhammad Haroon.. (Applicant) VS The State (Respondent) S.B. Judgement 11-DEC-15 Yes Criminal Procedure Code (V of 1898)--- ----Ss. 497(5) & 561-A---Penal Code (XLV of 1860), Ss. 489-F & 420---Bail, cancellation of---Condonation as to appearance of accused during pendency of application for cancellation of bail---Inherent powers of High Court---Scope---Pre-arrest bail granted to accused was conditionally confirmed by Court of Session on basis of compromise between the parties, subject to payment of the amount mentioned in the dishonoured cheque in monthly instalments---Accused failed to make payments, on which the complainant filed application for cancellation of bail---Accused, instead of appearing before the court, filed application for condonation of his appearance for an indefinite period on medical grounds, which was dismissed by the court---In the garb of impugned order the accused had challenged the maintainability of the cancellation application---Question of jurisdiction had to be first raised before the Court, which had granted the bail---Grounds which had not been taken by the accused before the trial court, could not be examined by the High Court in exercise of inherent powers under S. 561-A, Cr.P.C. to interfere with the proceedings of the court below, as the same would amount to usurpation of power of the lower court---Accused, in such circumstances, before violating the bail order, should have filed application before the same court for modification of said order or breach of any undertaking by the complainant---Accused was guilty of violating the undertaking given by him before the court below for obtaining order of confirmation of bail---Accused was, thus, playing with the courts by unilaterally claiming that the complainant had not withdrawn the case--- Accused without exhausting said remedy had directly invoked the inherent jurisdiction of High Court, to obtain relief which had not been prayed before the Court of first instance---Accused had avoided to explain his position before the court below by abusing the process of the High Court under the cover of present proceedings for about eleven months---High Court, holding that the accused was to be put on notice as to why bail before arrest granted by the court below should not be cancelled on ground of violating the terms thereof, directed the accused, pending cancellation application, to comply with initial order for payment of monthly instalments by depositing the arrears of instalments with the Nazir of the High Court---Application under S. 561-A, Cr.P.C. was disposed of accordingly. Hon'ble Mr. Justice Nazar Akbar Crl.P.4-K/2016 The State v. Muhammad Haroon Before Supreme Court of Pakistan Disposed Dismissed
218 2016 YLR 2176 Const. P. 49/1994 (S.B.) Sindh High Court, Karachi 1994 Abdul Khaliq & Ors (Petitioner) VS Mst.Razia Begum & Ors (Respondent) S.B. Judgement 15-FEB-16 Yes Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958)-- ----S. 20---Transfer of evacuee house to the occupants (petitioners and respondents)--Revisional courts/authorities were not supposed to record fresh evidence or direct the parties to prove anything by means of an affidavit or document at revisional stage---Fact which was not available on record of proceedings before lower forums could not be taken on record at the revisional stage to interfere with the impugned order. Barkat Ali v. Settlement and Rehabilitation Commissioner PLD 1991 SC 610; Mst. Shahjahan Begum v. Mst. Shabbir Fatima and another PLD 1991 SC 614 and Mst. Shahzada Begum v. Ahmed Kamal and 18 others PLD 1991 SC 617 ref. Hon'ble Mr. Justice Nazar Akbar C.P.284-K/2016 Muhammad Ali Qureshi and others v. Secretary (RS & EP) Board of Revenue and others Before Supreme Court of Pakistan Disposed Dismissed
219 2016 PCr.LJ 717 Cr.Misc. 390/2014 (S.B.) Sindh High Court, Karachi 2014 SHEIKH MUHAMMAD SABIR (Applicant) VS THE STATE (Respondent) S.B. Order 26-NOV-15 Yes Criminal Procedure Code (V of 1898)--- ----Ss. 497(5) & 561-A---Penal Code (XLV of 1860), Ss. 489-F & 420---Bail, cancellation of---Condonation as to appearance of accused during pendency of application for cancellation of bail---Inherent powers of High Court---Scope---Pre-arrest bail granted to accused was conditionally confirmed by Court of Session on basis of compromise between the parties, subject to payment of the amount mentioned in the dishonoured cheque in monthly instalments---Accused failed to make payments, on which the complainant filed application for cancellation of bail---Accused, instead of appearing before the court, filed application for condonation of his appearance for an indefinite period on medical grounds, which was dismissed by the court---In the garb of impugned order the accused had challenged the maintainability of the cancellation application---Question of jurisdiction had to be first raised before the Court, which had granted the bail---Grounds which had not been taken by the accused before the trial court, could not be examined by the High Court in exercise of inherent powers under S. 561-A, Cr.P.C. to interfere with the proceedings of the court below, as the same would amount to usurpation of power of the lower court---Accused, in such circumstances, before violating the bail order, should have filed application before the same court for modification of said order or breach of any undertaking by the complainant---Accused was guilty of violating the undertaking given by him before the court below for obtaining order of confirmation of bail---Accused was, thus, playing with the courts by unilaterally claiming that the complainant had not withdrawn the case--- Accused without exhausting said remedy had directly invoked the inherent jurisdiction of High Court, to obtain relief which had not been prayed before the Court of first instance---Accused had avoided to explain his position before the court below by abusing the process of the High Court under the cover of present proceedings for about eleven months---High Court, holding that the accused was to be put on notice as to why bail before arrest granted by the court below should not be cancelled on ground of violating the terms thereof, directed the accused, pending cancellation application, to comply with initial order for payment of monthly instalments by depositing the arrears of instalments with the Nazir of the High Court---Application under S. 561-A, Cr.P.C. was disposed of accordingly. Hon'ble Mr. Justice Nazar Akbar
220 H.C.A 248/2014 (D.B.) Sindh High Court, Karachi 2014 Trading Corporation of Pakistan (Appellant) VS M/s Friends Corporation Stevedores (Pvt.) Ltd. (Respondent) D.B. Judgement 31-JUL-17 Yes Hon'ble Chief Justice Mr. Justice Aqeel Ahmed Abbasi, Hon'ble Mr. Justice Nazar Akbar
221 2017 MLD 892 R.A (Civil Revision) 172/2006 (S.B.) Sindh High Court, Karachi 2006 Masood Ali Khan (Appellant) VS Zahid Ali Khan & Another (Respondent) S.B. Judgement 14-NOV-16 Yes Specific Relief Act (I of 1877)--- ---Ss. 12 & 39---Suit for specific performance, cancellation of agreement to sell and recovery of arrears of rent---Plaintiff filed suit for specific performance of contract whereas defendants filed suit for cancellation of sale agreement and recovery of arrears of rent---Trial Court dismissed the suit of plaintiff but Appellate Court decreed the same---Validity---Findings of Appellate Court were result of mis??reading and non-reading of evidence---Documents discussed in the impugned judgment were not relevant to form any opinion---Trial Court was not supposed to insist that the specific performance should be done by an unwilling party to the contract---Appellate Court while reversing the decree of dismissal of suit for specific performance of contract had not directed the plaintiff to pay or deposit the balance sale consideration with the Nazir of the Court within any specified duration of time with the condition that non-deposit of the same would mean dismissal of said suit---Impugned orders passed by the Appellate Court were set aside and judgments and decrees of the Trial Court were modified accordingly---Suit for cancellation of sale agreement was decreed and that of plaintiff for specific performance was dismissed-- Plaintiff was directed to pay rent due with 10% simple mark-up from the date of filing of suit till the realization and handover peaceful possession of suit property to the defendant---Revision was disposed of accordingly. Hon'ble Mr. Justice Nazar Akbar C.A.1-K/2017 Mrs.Parveen Zahid and others v. Masood Ali Khan and others Before Supreme Court of Pakistan Disposed Dismissed
222 2020 PLD Sindh 94 Cr.Rev 192/2017 (S.B.) Sindh High Court, Karachi 2017 MOHSIN ABBASS S/O ABDUL REHMAN S (Applicant) VS QADIR KHAN MANDOKHAIL & ORS (Respondent) S.B. Judgement 12-APR-19 Yes Criminal Procedure Code (V of 1898)--- ----Ss. 200, 203, 435 & 439---Private complaint, dismissal of---Revision against order of Judicial Magistrate---Maintainability---Procedure---Held, order having been passed under S.203, Cr.P.C., whereby direct complaint had been dismissed by the Judicial Magistrate without framing a charge and trial, it could not be treated as acquittal of the accused/respondents---Order under S.203 Cr.P.C, being an order passed by a court inferior to the Court of Session, the propriety demanded that the same should first be examined by the Sessions Judge for the purpose of satisfying itself to the correctness, legality or propriety of the said order passed by the Magistrate who was covered by the explanation given at the bottom of S.435, Cr.P.C.---Revision before the High Court being without exhausting the remedy available to the applicant was not maintainable---Matter was sent to the Sessions Judge for a just and fair decision on the grievance of the applicant---Revision application was thus disposed of accordingly. Hon'ble Mr. Justice Nazar Akbar(Author)
223 Suit 920/2017 (S.B.) Sindh High Court, Karachi 2017 Mst. Hajani Sherbano (Plaintiff) VS Qazi Muhammad Fareed & Ors (Defendant) S.B. Judgement 24-OCT-17 Yes Hon'ble Mr. Justice Nazar Akbar
224 Cr.Acq.A. 10/2013 (S.B.) Sindh High Court, Karachi 2013 Muhammad Hanif Khan (Appellant) VS The State and 3 others (Respondent) S.B. Judgement 12-APR-19 Yes Hon'ble Mr. Justice Nazar Akbar(Author)
225 II.A. 11/2006 (S.B.) Sindh High Court, Karachi 2006 Muhammad Nawaz (Appellant) VS Sultan Mahmood Tariq & Another (Respondent) S.B. Judgement 27-NOV-18 Yes Hon'ble Mr. Justice Nazar Akbar C.P.515-K/2019 Muhammad Nawaz (decd) thr. his L.Rs v. Sultan Mahmood Tariq (decd) thr. his L.Rs and another Before Supreme Court of Pakistan Disposed Dismissed
226 2019 PCr.LJ 262 M.A. 30/2013 (S.B.) Sindh High Court, Karachi 2013 INDEPENDENT MEDIA CORPORATION (PVT) LTD (Appellant) VS PAKISTAN ELECTRONIC REGULATORY AUTHORITY (Respondent) S.B. Judgement 24-MAY-18 Yes Pakistan Electronic Media Regulatory Authority Ordinance (II of 2002)--- ----S. 29(6)---Anti-Terrorism Act (XXVII of 1997), S. 11W---Printing, publishing, or disseminating any material to incite hatred or giving projection to any person convicted for a terrorist act or any banned organization or an organization placed under observation or anyone concerned in terrorism---Show-cause notice---Show-cause notice was issued to a Media Corporation by the Pakistan Electronic Media Regulatory Authority (PEMRA), for airing message of leader of a banned organization in which he had declared that democracy was kufr---Show-cause notice, had categorically stated that all the News and Satellite TV channels including the appellant were directed not to air the statement of any of the banned organizations---Appellant filed reply to the show-cause notice and tried to justify airing of such statement of the leader of banned organization on various grounds---Pakistan Electronic Media Regulatory Authority (PEMRA), in its meeting, examined reply of show-cause notice from the appellant and after detailed deliberations it was unanimously decided that appellant had committed wilful violation of various provisions of the Ordinance, and S. 11W of the Anti-Terrorism Act, 1997, and imposed fine---Validity---Reply to the show-cause notice showed that appellant aired the message of the leader of banned organization on the ground that the militant/anti state organizations had threatened the journalists, reporters and anchorpersons for giving them proper coverage and to broadcast/air/publish their statements on the national media---Apparently, reply to show-cause notice was the only compelling reason for airing the interview of leader of banned organisation---Appellant, in circumstances, seemed to have obliged the banned organization to avoid the threat and if that was the case, the appellant had no moral justification to continue in the noble business of journalism both in print and electronic media---Alleged act of the appellant was not short of aiding and abetting of the terrorists and failure to legally justify, it would attract the provisions of S. 11W of the Anti-Terrorism Act, 1997---Appeal was dismissed, in circumstances Hon'ble Mr. Justice Nazar Akbar
227 2020 YLR Note 21 Criminal Miscelleneous 104/2019 (S.B.) Sindh High Court, Karachi 2019 SHOUKAT ALI KHATIAN & OTHERS (Applicant) VS THE IST ADJ, KARACHI SOUTH & ANOTHER (Respondent) S.B. Judgement 13-MAY-19 Yes Criminal Procedure Code (V of 1898)--- ----Ss. 22-A, 22-B & 154---Order of ex-officio Justice of Peace to register FIR---Scope---Application under S.22-A, Cr.P.C. was allowed by the Justice of Peace and SHO was directed to register the case in accordance with law---Validity---Station House Officer had no authority to refuse to record the statement of complainant in the relevant register irrespective of its authenticity/ correctness or falsity of such statement---High Court was not supposed to comment on the possible outcome of the inquiry and investigation which was to be conducted by SHO after recording statement of respondent---Whatever was the stance of the applicants, it should first be brought to the notice of SHO to falsify the statement of respondent, if any, incorporated in the FIR---If the statement of respondent after inquiry and investigation found to be false, the SHO could prosecute respondent under S. 182, P.P.C.---Criminal miscellaneous application was dismissed accordingly. Brig. (Retd.) Imtiaz Ahmad v. Government of Pakistan through Secretary, Interior Division, Islamabad and 2 others 1994 SCMR 2142 ref. Muhammad Bashir v. Station House Officer, Okara Cantt. and others PLD 2007 SC 539 and Younas Abbas and others v. Additional Sessions Judge Chakwal and others PLD 2016 SC 581 rel. Hon'ble Mr. Justice Nazar Akbar(Author)
228 2019 CLC 1063 Const. P. 1295/2018 (S.B.) Sindh High Court, Karachi 2018 Makhdoom Hussam-ul-Haq (Petitioner) VS Syed Ghulam Mohiuddin & Others (Respondent) S.B. Judgement 14-DEC-18 Yes Sindh Rented Premises Ordinance (XVII of 1979)--- ----S.15---Civil Procedure Code (V of 1908 ), O. XLI, Rr. 25/27----Eviction of tenant---Personal bona fide need of landlord for his son---Scope---Powers of Appellate Court to remand the case---Scope ---Appellate Court remanded the case for adducing evidence of the son of the landlord for whom the rented premised was required---Petitioner/landlord contended that he required the rented premises in good faith for his son who had become a doctor ---Respondent/tenant contended that he needed three years as he was running school at the demised premises---Validity---Impugned order seemed to be contrary to the requirement of O. XLI, R. 25, C.P.C. whereby the Appellate Court had authority to remand the case for trial to the Court whose decree was being challenged by the aggrieved party but such authority had limited parameters---Such powers could be exercised only when the Appellate Court came to the conclusion that the Trial Court had (i) omitted to frame or try an issue , or (ii) to determine any question of fact essential to the right/title of the suit / proceedings---Appellate Court, in the present case, had not observed that the issue of personal bonafide need of the landlord was not properly framed nor it had even commented on the very fact that the issue had been decided contrary to evidence, instead it had framed an issue out of the context of the dispute before the Rent Controller----Need to produce son in evidence by the landlord for whom the premises was required had never been fatal for the case of the landlord seeking eviction of tenant on the ground of such need---Appellate Court had not commented on the orders passed by the Rent Controller but it had set aside the same through the remand order---Order of remand by Appellate Court in given facts of the case was contrary to the facts, law and the question raised by it as additional issue was neither essential for the "right decision" in the case on point of personal need of landlord---Such was outside the jurisdiction of the Rent Controller to decide whether doctor was eligible to start hospital in the premises in question---Impugned remand order was, therefore, patently illegal and Appellate Court had improperly exercised its jurisdiction---Appellate Court had failed to properly appreciate the evidence on record---Unusual long period of time could not be granted for vacating the premises in such matters---High Court set aside the impugned order passed by the Appellate Court and granted eight months time to the respondent to shift his school from the rented premises---Constitutional petition was allowed accordingly. Hon'ble Mr. Justice Nazar Akbar(Author) C.P.137-K/2019 Syed Ghulam Mohiuddin v. Makhdoom Hussain-ul-Haq and others Before Supreme Court of Pakistan Disposed Dismissed
229 2019 YLR 498 Civil Revision 142/2010 (S.B.) Sindh High Court, Karachi 2010 Qamaruddin (Applicant) VS Imdad Hussain (Respondent) S.B. Judgement 14-SEP-18 Yes Specific Relief Act (I of 1877)--- ----S. 9---Transfer of Property Act (IV of 1882), Ss. 54 & 53-A---Suit for restoration of possession of immovable property---Plea of plaintiff was that defendant had forcibly occupied the suit land whereas defendant contended that he had purchased the suit plot through an oral agreement---Suit was dismissed concurrently being not maintainable---Validity---Plaintiff was in possession on the suit property---Defendant was bound to prove his possession on the suit land prior to the date of dispossession alleged by the plaintiff in his plaint---Defendant had failed to prove that he had purchased the suit land through an oral agreement---Plea not raised by a party in his pleadings could not be examined by the revisional court to set aside concurrent findings of facts---Defendant was in illegal possession on the suit property---Finding of Court could not be set aside by any subsequently created documents---Document which was withheld or not relied upon by the party could not be a basis for setting aside of concurrent findings of Courts below---Claim of plaintiff that he had purchased the suit property through an agreement of sale had been admitted by the owner of said property---Mere agreement of sale did not confer title on the buyer---One could still be lawful occupier of immovable property under a written agreement of sale without title document and such possession and ownership rights were protected under S. 53-A of Transfer of Property Act, 1882---Agreement of sale in favour of plaintiff had been proved as owner had admitted the same---Civil suit was to be decided on the basis of preponderance of evidence---Evidence produced by the plaintiff in support of his claim of possession of suit property had been confirmed by the owner of said land---Defendant had failed to establish his contrary claim agitated in his written statement---Courts below had failed to appreciate evidence on record while dismissing the suit being not maintain-able---Trial Court was not supposed to examine the title of suit property to maintain the present suit---Mere dispossession without consent of aggrieved party was enough to maintain the suit under S.9 of Specific Relief Act, 1877---Impugned judgments and decrees were set aside---Suit filed by the plaintiff was decreed to the extent that he was illegally dispossessed from the suit premises by the defendant---Defendant was directed to put the plaintiff in possession of suit property---Revision was allowed accordingly. Hon'ble Mr. Justice Nazar Akbar(Author) C.P.1103-K/2018 Imdad Hussain Talpur v. Qammaruddin Before Supreme Court of Pakistan Disposed Dismissed
230 2020 CLC 1878 R.A (Civil Revision) 27/2019 (S.B.) Sindh High Court, Karachi 2019 Mst. Muneera Khatoon D/o Late Maulana Abdul Quddus (Applicant) VS City District Government Karachi (CDGK) and others (Respondent) S.B. Judgement 18-MAY-20 Yes Civil Procedure Code (V of 1908)--- ----Ss.96, 115 & O.I, R.10---Appeal or revision on behalf of a party having no grievance against dismissal of suit---Maintainability---Applicant was impleaded in the suit under O.I, R.10, C.P.C., but she neither filed written statement nor appeared in the witness box---Suit was dismissed on merits against which no appeal had been filed on behalf of plaintiff---Validity---Defendants were not supposed to have any grievance against the dismissal of suit unless they had raised a counter claim in their written statement against the plaintiff which had also been dismissed or not decided by the Trial Court---No adverse observations had been passed against the applicant in the case---If applicant wanted the suit to be decreed then she should have either filed a separate suit or should have paid court fee to become co-plaintiff provided she had any claim in the suit property to be adjudicated in her favour---Applicant, after having been impleaded as defendant had not filed written statement nor she had appeared in the witness box---Suit had been dismissed on merits against which no appeal had been filed on behalf of plaintiff---Present suit could not be decreed against main contesting defendants on appeal by one of the defendants who had not filed even written statement in the Trial Court---Applicant was not aggrieved person in consequence of impugned judgment---Revision as well as appeal pending before Appellate Court filed by the applicant were not maintainable, which were dismissed with cost, in circumstances. H.M Yahya & Co., Karachi v. Wazir Ali Industries Ltd., Karachi and another PLD 1969 SC 65; Syed Musarat Hussain Zaidi and another v. Syed Salim Jawaid Zaidi and another PLD 1983 Kar. 548; Habibullah v. Zakir Ali and another PLD 2000 Kar. 238 and Mst. Arfa Arif v. Mst. Kulsoom Naqvi PLD 2000 Kar. 31 rel. Hon'ble Mr. Justice Nazar Akbar(Author)
231 Spl.Anti.Ter.J.A. 81/2020 (D.B.) Sindh High Court, Karachi 2020 MUHAMMAD JAVED S/O MUHAMMAD ESSA @ ESSAL KHAN (Appellant) VS THE STATE (Respondent) D.B. Judgement 04-DEC-20 Yes Hon'ble Mr. Justice Nazar Akbar(Author), Hon'ble Mr. Justice Zulfiqar Ahmad Khan
232 Const. P. 1421/2020 (D.B.) Sindh High Court, Circuit at Hyderabad 2020 Mst Moomal & anothers (Petitioner) VS P.O Sindh & Others (Respondent) D.B. Order 13-JAN-21 Yes Hon'ble Mr. Justice Nazar Akbar(Author)
233 Criminal Appeal 162/2019 (S.B.) Sindh High Court, Karachi 2019 SHAHID WAHAB SIDDIQUI S/O ABDUL WAHAB (Appellant) VS SYED FARHAJ AHMED & OTHERS (Respondent) S.B. Judgement 02-JUL-20 Yes Hon'ble Mr. Justice Nazar Akbar(Author)
234 Suit 789/2018 (S.B.) Sindh High Court, Karachi 2018 Mst. Nadia Shakeel & another (Plaintiff) VS Shagufta Baqar & another (Defendant) S.B. Judgement 04-JUN-21 Yes There is no concept of amendment in the disposed of memo of petition for Letter of Administration in respect of ONE identified deceased on subsequent death of another person who was legal heir of the deceased whose petition has been disposed of prior to the death of the other person Hon'ble Mr. Justice Nazar Akbar(Author)
235 Suit 664/2008 (S.B.) Sindh High Court, Karachi 2008 MRS. SAKINA SULEMAN (Plaintiff) VS MUHAMMAD ARIF JANJUA (Defendant) S.B. Order 24-MAY-21 Yes Hon'ble Mr. Justice Nazar Akbar(Author)
236 Spl.Anti.Ter.A. 11/2020 (D.B.) Sindh High Court, Karachi 2020 MUHAMMAD OBAIDULLAH SIDDIQUE @ HABIB KALA (Appellant) VS THE STATE (Respondent) D.B. Judgement 14-DEC-20 Yes Hon'ble Mr. Justice Nazar Akbar, Hon'ble Mr. Justice Zulfiqar Ahmad Khan(Author)
237 Spl.Anti.Ter.A. 12/2020 (D.B.) Sindh High Court, Karachi 2020 MUHAMMAD OBAIDULLAH SIDDIQUE @ HABIB KALA (Appellant) VS THE STATE (Respondent) D.B. Judgement 14-DEC-20 Yes Hon'ble Mr. Justice Nazar Akbar, Hon'ble Mr. Justice Zulfiqar Ahmad Khan(Author)
238 Spl.Anti.Ter.A. 306/2019 (D.B.) Sindh High Court, Karachi 2019 UBAID ALI @ LANGRA S/O HANIF MUHAMMAD (Appellant) VS THE STATE (Respondent) D.B. Judgement 26-NOV-20 Yes Hon'ble Mr. Justice Nazar Akbar, Hon'ble Mr. Justice Zulfiqar Ahmad Khan(Author)
239 2014 CLC 1312, 2014 SBLR 1021 Execution 5/2005 (S.B.) Sindh High Court, Karachi 2005 Mrs. Meher Rohinton Minwalla (Decree Holder) VS S Darayus Cyrus Minwalla & Ors. (Judgment Debtor) S.B. Order 29-JAN-14 Yes (a) Sindh Chief Court Rules (O.S.)--- ----R. 50---Withdrawal of power of attorney by advocate of party---Effect---Applicant sought restoration of her execution petition which was dismissed after withdrawal of power of attorney by her advocate---Validity---Grievance of applicant was that intimation notice was issued to previous attorney after withdrawal of Vakalatnama---Issuance of notice to the attorney of applicant was not even required after compliance of notice under R.50 of Sindh Chief Court Rules (O.S.)---Court had shown grace by issuing notice, in the given facts and circumstances of the case, the Court could not ignore deliberate and wilful negligence of applicant herself in pursuing the case---Applicant failed to show bona fide in prosecuting her case with due diligence---High Court declined to restore execution petition---Application was dismissed in circumstances. Messrs United Bank Limited v. Messrs. Plastic Pack (Pvt.) Limited 2012 CLD 239; United Bank Limited v. The Chairman, Banking Tribunal-I, Lahore 1999 MLD 3267; Alamgir v. The State 1988 SCMR 642 distinguished. Bashir Ahmed v. Settlement of Rehabilitation Commissioner 1982 SCMR 188; Rafiq Ahmed v. Abdul Haleem 1982 SCMR 1229; Muhammad Rahim v. Mst. Begum Kaniz Fatima Hayat 1986 CLC 178 and Zulfiqar Ali v. Lal Din and others 1974 SCMR162 ref. (b) Constitution of Pakistan--- ----Art. 10-A---Right to fair trial---Scope---Provisions of Art.10-A of the Constitution are not for prosecutor to claim "fair trial and due process"---Protection of Art.10-A of the Constitution is available only to defendant and / or accused facing civil or criminal trial, as the case may be so that they may not be condemned unheard or treated unfairly in the process of adjudication. Hon'ble Mr. Justice Nazar Akbar
240 2015 PLD 46 Civil Revision 291/2012 (S.B.) Sindh High Court, Circuit at Hyderabad 2012 Faisal S/O Syed Zameerul Hussain (Applicant) VS Mst. Khursheed Akhtar & Others (Respondent) S.B. Order 29-AUG-14 Yes (a) Islamic Law--- ----Guardianship of minors property---Sale of property of minor by the mother without permission of court---Effect---"De facto guardian"-- Scope---Mother of minor was not the natural guardian to deal with the property of her minor children---Mother could be de facto guardian of person and property of a minor but she had no power to transfer the property of minors---Alienation of immovable property of minor was possible only by the person entitled to be appointed as legal guardian of property after obtaining permission of the court---Duty of appointing a guardian for the protection and preservation of minor's property would fall on the Judge as representing the State---Person neither a legal guardian nor a guardian appointed by the court but had voluntarily placed himself incharge of the person and property of a minor, would be called "de facto guardian"---"De facto guardian" was merely a custodian of the person and property of the minor but he had no power to transfer any right or interest in the immovable property of minor-- Mother, in the present case, had alienated the property of her minors children and vendees were aware of the fact that they were purchasing the property of minors---Impugned agreement of sale between the mother of minors and vendees was void agreement which could not be enforced---Minors were entitled to their respective share in the suit property as legal heirs of the deceased---Impugned judgments and decrees passed by the Appellate Court were perverse and contrary to law and evidence available on record which were set aside and those of Trial Court were restored---Second appeal was accepted in circumstances. Muhammadan Law, S.361 and Muhammad Hanif v. Abdul Samad and others PLD 2009 SC 751 rel. (b) Words and phrases--- ----"De facto guardian"---Meaning---Person who was neither a legal guardian nor a guardian appointed by the court but had voluntarily placed himself incharge of the person and property of a minor, would be called "de facto guardian". Hon'ble Mr. Justice Nazar Akbar C.A.5-K/2015 Jawaid Ahmed Shaikh and another v. Mst. Khursheed Akhtar and others,C.P.358-K/2014 Jawaid Ahmed Shaikh and another v. Mst. Khursheed Akhtar and others Before Supreme Court of Pakistan Disposed Dismissed,Disposed Leave Granted
241 2014 CLC 875 Suit 1510/2007 (S.B.) Sindh High Court, Karachi 2007 ABID HUSSAIN (Plaintiff) VS MANSOOR ALI SHEIKHA & ORS. (Defendant) S.B. Judgement 22-JAN-14 Yes Legal Practitioners and Bar Councils Act (XXXV of 1973)--- ----S. 45---Misconduct---Legal ethic and etiquettes---Hindrance in court work---During pendency of proceedings, counsel for defendant caused hindrance in work of dispensation of justice by Court---Counsel of defendant wilfully attempted to unlawfully undermine the order of Court for appointment of Commissioner for recording of evidence---Though it was case of contempt of Court in the face of Court but Court preferred to leave it at the discretion of lawyers' body, which claimed to be the custodian, protector of lawyers' rights and responsibilities---Lawyers behavior had been several times reported in electronic media and all such news items had adversely affected the name and respect earned by the institution of lawyers in recent past---High Court found it high time that conduct of lawyers be carefully checked by Sindh Bar Council and other associations responsible for maintaining dignity of profession---High Court found the conduct of counsel for defendant as insulting and humiliating and referred the matter to Sindh Bar Council for appropriate action. Hon'ble Mr. Justice Nazar Akbar
242 2014 PTD 824 Suit 519/2008 (S.B.) Sindh High Court, Karachi 2008 Weave & Knit Pvt Ltd (Plaintiff) VS Freight Systems Co. Ltd., L.L.C & Others (Defendant) S.B. Order 28-JAN-14 Yes Customs Act (IV of 1969)--- ----S. 217(2)---Civil Procedure Code (V of 1908), O. VII, R. 11---Interpretation of S. 217 of the Customs Act, 1969---Bar of S. 217 of the Customs Act, 1969---Scope---Suit for damages---Rejection of plaint---Plaintiff availed services of the defendants for shipping of consignments to its customers, and when certain consignments could not reach their destinations, plaintiff made complaint before Customs Authorities under provisions of the Customs Act, 1969, which were disposed of---Plaintiff subsequently filed, suit for damages against defendants---Contention of defendants was that the present suit was not maintainable, inter alia on the ground that it was barred under provisions of S. 217(2) of the Customs Act, 1969---Validity---Under S.217(2) of the Customs Act, 1969 a suit was barred only on "questions raised" before, and decided by the Customs Authorities---Bar contained in S. 217(2) of the Customs Act, 1969 did not include rights of a party to claim damages on account of losses sustained by it during course of business and litigation as well as future losses on accounts of loss of clients etc---Defendant had failed to show any order of Customs Authorities accepting or declining damages of the nature claimed by plaintiff in the suit nor were such claims raised by the plaintiff before the Customs Authorities---Bar of S. 217(2) of the Customs Act, 1969 was in respect of a challenge to orders passed by Customs Authorities whereby an assessment had been made, a tax had been levied or a penalty had been imposed under the provisions of the Customs Act, 1969; whereas the present suit was for damages on account of mental torture and stress due to cancellation of consignments sent by plaintiff to its customers---Plaintiff had not prayed for setting aside of any order or modification of any order of Customs Authorities---Suit of plaintiff was therefore, maintainable---Application under O.VII, R.11, C.P.C. for rejection of plaint was dismissed, in circumstances. Hon'ble Mr. Justice Nazar Akbar
243 2015 PLD 155 II.A. 25/2012 (S.B.) Sindh High Court, Circuit at Hyderabad 2012 Sikandar Ali (Appellant) VS Abdullah & Others (Respondent) S.B. Order 09-SEP-14 Yes (a) Civil Procedure Code (V of 1908)--- ---O. XXIII, R. 1(3) & 0. II, R.2---Withdrawal of suit---Fresh suit, institution of---Scope---Suit was decreed by the Trial Court but same was dismissed by the Appellate Court being barred under O.II, R.2, C.P.C.---Validity---Plaintiff was precluded from filing another suit after withdrawl of earlier suit on same "cause of action", on same "subject matter" and against the same defendant without permission to institute a fresh one-Provisions of O.XXIII, R.1(3) and O.II, R.2, C.P.C. were complementary to each other to control the litigation after litigation between the same parties on the same subject matter. Ghulam Nabi and others v. Seth Muhammad Yakoob and others PLD 1983 SC 344; Muhammad Suleman v. Ehsan Ali PLD 1983 Kar. 537; State Life Insurance of Pakistan v. Mst. Zainab Khatoon and others PLD 1987 SC AJ&K 5; Manzoor Hussain v. Rasool Bukhsh 1991 CLC 640; Qazi Shamas-ur-Rehman and another v. Mst. Chaman Dasta and others 2004 SCMR 1798 and Siddique Khan and 2 others v. Abdul Shakur Khan and another PLD 1984 SC 289 ref. Muhammad Suleman v. Ehsan Ali PLD 1983 Kar. 537; State Life Insurance of Pakistan v. Mst. Zainab Khatoon and others PLD 1987 SC AJ&K 5; Manzoor Hussain v. Rasool Bukhsh 1991 CLC 640; Qazi Shamas-ur-Rehman and another v. Mst. Chaman Dasta and others 2004 SCMR 1798 and Siddique Khan and 2 others v. Abdul Shakur Khan and another PLD 1984 SC 289 rel. (b) Civil Procedure Code (V of 1908)--- ----S. 99---Appeal---Court fee, non-payment of---Effect---Ministerial staff of court was bound to point out non-payment of court fee and if such had been done then appellant could pay the same to avoid dismissal of appeal on account of non-payment of court fee---If such objection had been raised by the Appellate Court only then appellant could have been penalized---Jurisdiction of Appellate Court was not disputed to entertain the appeal, therefore order passed thereon was not affected adversely on account of non-payment of court fee---Impugned judgment and decree passed by the Appellate Court were protected by the provision of S.99, C.P.C. despite the fact that no court fee on the appeal was paid---Appellate Court had no power to set aside the judgment and decree on the ground of error or irregularity which had not affected the merits of the case or jurisdiction of the court---Non??payment of court fee was mere irregularity which could be corrected at any time and such irregularity had not rendered the impugned order void or without jurisdiction---Appellant (respondent) had not refused to pay the court fee and High Court could not non-suit him on the ground of filing first appeal without court fee---No punitive action could be taken against the appellant (respondent) without recourse to the provision of O. VII, R.11, C.P.C.---High Court could call upon the appellant (respondent) to pay the court fee---Appellant (respondent) was directed to deposit/pay the requisite court fee in the High Court within a specified period to rectify the irregularity occurred on account of non-payment of court fee before the first Appellate Court. Hon'ble Mr. Justice Nazar Akbar
244 2014 CLC 1031, 2014 SBLR 871 Suit 981/2009 (S.B.) Sindh High Court, Karachi 2009 FIDA ALI SAWANI & ORS. (Plaintiff) VS KHAN MUHAMMAD & ORS. (Defendant) S.B. Order 28-MAR-14 Yes Civil Procedure Code (V of 1908)--- ----O. VII, R. 11---Specific Relief Act (I of 1877), Ss.2 & 12---Contract Act (IX of 1872), S.10---Transfer of Property Act (IV of 1882), S.52---Time bound agreement to sell---Application for rejection of plaint on the grounds of limitation, lack of cause of action, and existence of arbitration clause in the agreement to the effect that in case of any dispute between the parties, the matter shall be resolved through the Shia Ismaili Conciliation and Arbitration Board of Karachi---Validity---Plaintiffs never sent any legal notice in writing to the defendants nor took any steps pursuant to the agreement to show their own bona fides in getting the property transferred in their names---Plaintiffs themselves had filed a letter dated 20-10-2008 issued from the defendants' side asking the plaintiffs to complete the deal within 15 days time---Plaintiffs had never come forward to complete the deal nor did the plaintiffs get the lease of the plot renewed at their cost as agreed in the agreement---Defendants sent another notice to complete the deal, but the plaintiffs did not pay any sale consideration---Plaintiffs filed a suit for specific performance without offering to deposit balance sale consideration in Court---In a suit for specific performance, it was the buyer and not the seller who had to show by positive conduct that he had approached the seller to complete the deal and the buyer was ready and willing to perform his part of the contract and on refusal from the seller, the buyer could file a suit for specific performance---Defendants had not refused to execute documents, hence, no cause of action had accrued to the plaintiffs---Plaint was silent about the date on which plaintiffs offered to tender sale consideration and demanded transfer of suit property---Plaintiffs had not offered to tender the sale consideration through the Court---On account of plaintiffs' failure to offer/tender sale consideration to the defendants on specific date and time and then demand transfer of suit property, the plaintiffs could not assert that the defendants had refused to perform their part of the contract and a cause of action had accrued to them---Application for rejection of plaint was allowed, in circumstances. Hon'ble Mr. Justice Nazar Akbar
245 2015 CLC 1333 Suit 703/2007 (S.B.) Sindh High Court, Karachi 2007 MRS. BILQUIS MOHSIN BUTT & OTHERS. (Plaintiff) VS MUHAMMAD MAHMOOD BUTT & ORS. (Defendant) S.B. Order 30-JAN-15 Yes (a) Civil Procedure Code (V of 1908)--- ----O. XX, R. 13---Administration suit---Limitation---Scope---Suit for administration was only a formality to determine the mode of distribution of the estate of the deceased amongst the legal heirs according to the Shariah---Court would act only as an administrator in such suit for a limited purpose---Plaintiff was required to satisfy the court in a suit for administration and partition, his status as legal heir of the deceased and proprietary rights of the deceased in the estate at the time of opening of succession---Question of limitation in case of joint family properties did not arise---In the present case, none of the properties mentioned in the schedule were part of the estate of the deceased---Plaintiff could not seek administration and partition of the disputed properties---Suit was dismissed in circumstances. Pattoki Sugar Mills Limited through Chief Executive v. WAPDA through Chairman and 4 others 2007 CLD 659 and Anjum Rashid and others v. Shahzad and others 2007 CLC 1414 and Ghulam Ali and 2 others v. Mst. Ghulam Sarwar Naqvi PLD 1990 SC 1 rel. (b) Civil Procedure Code (V of 1908)--- ----O. XX, R. 13---Administration suit---Limitation---Question of limitation in case of joint family properties did not arise. (c) Company--- ----Limited company was a juristic person and a legal entity separate from its share-holder and any change in the shareholding of a company did not mean change in the title of assets of the company or premises occupied thereby---Properties of a company could not be inherited by the legal heirs of one of its Directors or even ordinary shareholders of the company---Legal heirs of a deceased director or shareholder of a company could claim inheritance only to the extent of shareholding of the deceased Director or shareholder in the company and not in the assets of the company as estate of the deceased. (d) Islamic law--- ----Succession---Classes of legal heirs---Classes of legal heirs of deceased (in Sunni Hanfi Law of Succession) were sharer, residuaries and uterine (distant kindred). (e) Islamic Law--- ----Distribution of the estate of deceased---Procedure. Muhammadan Law paras 61 and 63 quoted. (f) Islamic law--- ----Succession---Succession to the estate of a Muslim would open immediately, he had passed away and title would pass to the legal heirs automatically to the extent of their respective shares ordained by Shariah without any interference by the State functionaries. (g) Islamic law--- ---- Inheritance---Grand-children whose father or mother had survived their grand-father had no locus standi to claim inheritance in the estate of the deceased grand-father---Once father/mother of grand-children had died (true legal heirs of grand-father) they could file a suit for administration of the estate left by their deceased parents and if there was any undistributed property from the estate of their grand-father, continued to be in existence, they could include "share" of their deceased parents in the said estate of their own deceased father or mother but they could not reopen the issue of inheritance from the entire estate of their grand-parents---Grand-children could not claim as matter of their own right any share in the estate of their grand-father. Hon'ble Mr. Justice Nazar Akbar
246 Const. P. 1101/2014 (S.B.) Sindh High Court, Circuit at Larkana 2014 Roshan Ali Solangi (Petitioner) VS Family Judge Shahdadkot and an others (Respondent) S.B. Order 25-MAY-15 Yes Hon'ble Mr. Justice Nazar Akbar
247 2015 MLD 1191 Suit 1709/2014 (S.B.) Sindh High Court, Karachi 2014 Malik Muhammad Riaz & another. (Plaintiff) VS Mrs. Farhat Imrana & another. (Defendant) S.B. Order 09-JAN-15 Yes Specific Relief Act (I of 1877)--- ----Ss. 42, 54 & 56 (a) & (b)---Civil Procedure Code (V of 1908), O.XXXIX, Rr. 1 & 2---Cantonments Rent Restriction Act (XI of 1963), S.17(2)---Suit for declaration and permanent injunction---Tenancy agreement---Temporary injunction, grant of---Scope---Plaintiff had sought restraining orders against the defendant from claiming any rent of suit property from him and restraining of relevant proceedings pending in the other court---Validity---Plaintiff was bound by the terms and conditions of tenancy agreement---Plaintiff would become illegal occupant of the premises if he denied rent of the same---Illegal occupant of immovable property could not restrain the owner from recovery of possession of said property by application of law---Plaintiff had no prima facie case to maintain injunction against the proceedings of Rent Controller in accordance with law---Application for grant of temporary injunction was dismissed in circumstances. Hon'ble Mr. Justice Nazar Akbar
248 2016 CLD 421 II.A. 7/2009 (S.B.) Sindh High Court, Circuit at Hyderabad 2009 Ghulam Muhammad (Appellant) VS Anand Kohistan Cotton an Other (Respondent) S.B. Judgement 17-AUG-15 Yes (a) Registration Act (XVI of 1908)--- ----S. 17---Suit filed by registered firm---Not hit by S. 17, Registration Act, 1908---Appeals were dismissed. (b) Civil Procedure Code (V of 1908)--- ----S. 100---Second appeal---Scope---Scope of second appeal was limited to three grounds mentioned in S. 100, C.P.C.---In the present case, none of the ingredients of S. 100, C.P.C. had been found in memo. of appeal or in grounds of appeal---Appellant had failed to point out anything contrary to law or to some usage having force of law in judgments and decrees of lower courts---Appellant had not pointed out any misreading or non-reading of evidence nor he had been able to point out any legal lacuna in findings of lower court---Second appeals were dismissed, in circumstances. Hon'ble Mr. Justice Nazar Akbar
249 2016 MLD 168 Civil Revision 119/2001 (S.B.) Sindh High Court, Circuit at Hyderabad 2001 Ghulam Mustafa (Applicant) VS Shafi Muhammad & Others (Respondent) S.B. Order 30-SEP-15 Yes Specific Relief Act (I of 1877)--- ----Ss. 8, 12, 42 & 52----Civil Procedure Code (V of 1908), O. XLI, R. 31---Suit for specific performance, declaration, return of articles, mesne profit and injunction---Power of attorney, revocation of---Principles---Judgment in appeal---Plaintiff filed suit claiming that he had obtained possession of suit property after paying substantial part of consideration, but defendant later unlawfully cancelled general power of attorney and illegally took back possession of suit property from tenant of plaintiff and refused to perform his part of sale contract---Both trial court and appellate court decreed the suit on admission of defendant as to execution of sale agreement---Validity---Defendant failed to point out any instance of misreading or non-reading of evidence to show that courts below had come to wrong conclusion---Defendant had admitted execution of contract of sale with plaintiff and handing over possession of suit property on realization of substantial amount and transfer of loan in favour of plaintiff---As suit property was rented out by plaintiff and plaintiff had been paying loan of House Building Finance Corporation, thus there was no justification for defendant to unilaterally cancel power of attorney without notice to plaintiff and fraudulently obtain possession by inducing tenant of respondent---Defendant had not established his defence plea through cogent evidence---Plaintiff, on the other hand, had established by cogent evidence execution of sale agreement and payment of consideration---Power of attorney was not without consideration---Defendant had not made any public notice in newspapers while revoking power of attorney---Defendant failed to prove rescission of sale agreement---Defendant's witnesses were chance witnesses---Tenant of suit property, as witness of defendant, had admitted that he was put in possession of premises by plaintiff---Persons who appeared as witness before Registrar for registration of revocation of power of attorney had not come in witness box---Contents of cancellation deed did not disclose reasons for cancelling power of attorney---Cancellation deed was contrary to terms of power of attorney, which provided that cancellation of same was to be proceeded with no objection certificate from House Building Finance Corporation---Cancellation of power of attorney after receiving entire consideration for executing same was not lawful---Appellate court, while marshalling evidence, had examined all issues framed by trial court and affirmed findings of trial court, which was sufficient compliance of provisions of O. XLI, R. 31 C.P.C.---High Court observed that appellate court was not always required to discuss each issue, unless same was reversed by first appellate court---Defendant had lingered on the matter for last twenty years---Revision petition was dismissed with cost in circumstances. Hon'ble Mr. Justice Nazar Akbar
250 2019 CLC 1339 II.A. 85/2014 (S.B.) Sindh High Court, Karachi 2014 M/s. Pakistan Reinsurance Company (Appellant) VS Trustees of the Potr of Karachi (KPT) (Respondent) S.B. Judgement 22-NOV-18 Yes Civil Procedure Code (V of 1908)--- ----O. XXIX, R. 1---Suit for declaration on behalf of company---Recording of evidence---Procedure-Suit was dismissed on the ground that the person who appeared in the witness box for evidence on behalf of company was not an authorized person---Validity---Defendant in written statement had not challenged the maintainability of the suit for want of mandatory requirement of O. XXIX, R. 1, C.P.C.---Even issue for maintainability of suit was not framed by the courts below---Plaintiff-company was not required to hold a meeting of Board of Directors to decide by a Resolution as to who and how many would be witnesses in a particular suit to appear on behalf of the company---Courts below had erred in law while passing the impugned judgments and decrees---Matter was remanded to the Trial Court with the direction to decide the same afresh on merit on the basis of evidence available on record---Second appeal was allowed, in circumstances. Hon'ble Mr. Justice Nazar Akbar(Author)
251 2018 YLR 1142 Suit 818/1998 (S.B.) Sindh High Court, Karachi 1998 HAJI MUHAMMAD YOUNUS. (Plaintiff) VS HAJI USMAN & ORS. (Defendant) S.B. Judgement 07-DEC-17 Yes Specific Relief Act (I of 1877)--- ----Ss. 42 & 54---Limitation Act (IX of 1908), Art. 120---Civil Procedure Code (V of 1908), O. XX, R. 13---Suit for declaration, injunction and partition---Limitation--- Family settlement---Arbitration award---Scope---Claim of ownership or share in the suit property which was never raised by the father of plaintiff in his lifetime could not be raised by one of his legal heirs after twelve years of his death---Share of plaintiff's father in the joint family business had not been handed over to him and his other legal heirs---Plaintiff had no title and right in the suit property and he had prayed for its partition---Validity---Plaintiff should have impleaded his other brothers and sisters as legal heirs of his deceased father and prayed for declaration of joint ownership which he had not done---Plaintiff was bound to explain as to how the relief sought by him in the present suit was within limitation---Present suit did not fall within the ambit of administration of property for which no limitation was applicable---Right to seek declaration of ownership accrued to the plaintiff in the year 1985; plaintiff should have approached the Housing Society within six years for mutation of his share in the record of said society---Limitation to claim ownership in the suit property had expired in July 1991---Right to sue for partition of immovable property would accrue only to the owner against co-owner irrespective of possession---Plaintiff was not owner of suit property and family settlement and arbitration award could not be enforced against lawful owner of immovable property---Mere construction on the suit property did not create right and interest adverse to the owner of said property---Law did not recognize possession of an immovable property as ownership rights---Ownership was dependent on the title document and not on mere residence/ possession of immovable property---Plaintiff had no cause of action or locus standi to file the present suit---Suit was dismissed in circumstances. Hon'ble Mr. Justice Nazar Akbar
252 2020 PLD Sindh Note 563 M.A. 43/2016 (S.B.) Sindh High Court, Karachi 2016 M/s. Idara-e-Noor-e-Haq through Sec. (Appellant) VS Public at Large (Respondent) S.B. Judgement 11-MAR-20 Yes Succession Act (XXXIX of 1925)--- ----Ss. 272, 269, 299, 300 & 384---Appeal---Probate, grant of---Ownerless property---Application for grant of probate under S.272 Succession Act, 1925, was filed by appellant but Trial Court dismissed the application---Validity---Once it was found that none was available to claim ownership of immovable property in question in his own right or by way of inheritance, such property should be treated as an ownerless property---Once Court was satisfied that the property was rendered ownerless, it was the duty of Court to protect it from being misappropriated or wasted or damaged---Court could appoint Curator under S.195 of Succession Act, 1925, to takeover possession of the property pending final determination of fate of proceedings---Court could have also taken prompt action under S.269 of Succession Act, 1925, for protection of such property---Jurisdiction of High Court under S.300 of Succession Act, 1925, was concurrent with District Judge in exercise of power under Succession Act, 1925---High Court appointed its official as a Curator to protect the property in question and directed him to take over the possession immediately---High Court declined to interfere in the order passed by Trial Court---Appeal was dismissed in circumstances. 1993 CLC 1552 ref. Hon'ble Mr. Justice Nazar Akbar(Author)
253 2020 CLC Note 51 F.R.A 19/2014 (S.B.) Sindh High Court, Karachi 2014 SHAM KUMAR S/O HUND RAJ (Appellant) VS ULFAT SHAHEEN & ANOTHER (Respondent) S.B. Judgement 10-JUN-20 Yes Cantonments Rent Restriction Act (XI of 1963)--- ----S. 17---Ejectment of tenant---Denial of relationship of landlord and tenant by the tenant---Default in payment of rent---Effect---Rent Controller accepted ejectment petition and directed the tenant to vacate the demised premises---Validity---Tenant had admitted that he had paid rent to the husband of landlady---Relationship of landlord and tenant existed between the parties---Tenant had not denied the ownership of landlady and he had entered in the demised premises as tenant---Tenant had committed default in payment of rent in the present case---Tenant had neither sent rent to the landlady or her husband through money order nor deposited the same in the Court---Tenant was directed to pay the defaulted rent and vacate the demised premises within fifteen days---Appeal was dismissed, in circumstances. Messrs MFMY Industries v. Federation of Pakistan 2015 SCMR 1550 rel. Hon'ble Mr. Justice Nazar Akbar(Author)
254 Criminal Appeal 460/2018 (D.B.) Sindh High Court, Karachi 2018 THE STATE / ANF (Appellant) VS NADEEM BAHADUR (Respondent) D.B. Judgement 23-OCT-20 Yes Her reference to Article 157 of the Limitation Act is erroneous as the appellant has not filed an appeal against an order of acquittal. This Revision Application is against conviction in which, according to the appellant, Respondents No.2 and 3 have been awarded lesser punishment. In our humble view, the Hon'ble Supreme Court in the case of Mst. Fazeelat Bibi (PLD 2013 SC 361) has authoritatively held that ANF can only invoke the jurisdiction of appeal under Section 48(i) of CNS Act, 1997 for challenging the order of Special Court under CNS Act Hon'ble Mr. Justice Nazar Akbar(Author), Hon'ble Mr. Justice Zafar Ahmed Rajput Crl.P.199-K/2020 The State/Anti Narcoties Forec v. Nadeem Bahadur,Crl.A.11-K/2021 The State/Anti Narcoties Forec v. Nadeem Bahadur Before Supreme Court of Pakistan Disposed Leave Granted,Pending Adjourned
255 Cr.Bail 1207/2020 (S.B.) Sindh High Court, Circuit at Hyderabad 2020 MITHAL KHAN (Applicant) VS THE STATE (Respondent) S.B. Order 11-JAN-21 Yes Hon'ble Mr. Justice Nazar Akbar(Author)
256 Cr.Bail 12/2020 (D.B.) Sindh High Court, Circuit at Hyderabad 2020 HUSSAIN @ MUHAMMAD HUSSAIN (Applicant) VS THE STATE (Respondent) D.B. Order 12-JAN-21 Yes Hon'ble Mr. Justice Nazar Akbar, Hon'ble Mr. Justice Khadim Hussain Tunio(Author)
257 2020 MLD 1693 R.A (Civil Revision) 38/2010 (S.B.) Sindh High Court, Karachi 2010 Junaid Ahmed Siddiqui (Applicant) VS M.Yaqoob Khan Niazi & Another (Respondent) S.B. Judgement 18-MAY-20 Yes (a) Civil Procedure Code (V of 1908)--- ----O.XX, R.5, O.XIV, Rr.1, 2 & O.XLI, R.31---Suit for cancellation of lease and possession---Recording evidence of the parties after framing of issues---Dismissal of suit while deciding issue of maintainability without touching any other issues---Scope---Plaintiff filed suit for cancellation of lease and possession wherein issues were framed and evidence was recorded---Trial Court dismissed the suit while giving findings on issue of maintainability while treating it preliminary issue without deciding issues of facts which was upheld by the Appellate Court---Validity---Purpose of conferring power on the Court to first decide the case or any part thereof only on the issue of law was to save the time of Courts and litigants---Court for deciding a case on the issue of law should form a conscious opinion in the light of pleadings of the parties and give notice to the parties that in its opinion the case mighty be disposed of on the issues of law and it should try those issues first---Trial Court, in the present case, had neither consciously framed issue of law nor expressed its intent to dispose of the case on the issue of law---Even settlement of issues of facts had not been postponed and evidence of both the parties had been recorded---Once Court had consumed time in recording evidence then efforts were to be made to decide the case both on law points as well as on merit---Trial Court after completing trial should have passed judgment on all the issues, in circumstances---Courts below had failed to appreciate the pleadings of the parties in correct perspective---Plaintiff had prayed for recovery of possession of suit property on the basis of registered title document and his suit was simple suit for recovery of possession under S.8 of Specific Relief Act, 1877---Plaintiff had not sought any declaration as to his entitlement to any legal character---Even defendant had not raised any legal objection with regard to bar to the present suit in terms of S.42 of Specific Relief Act, 1877---Dispute between the parties was with regard to entitlement to possession specific suit plot on the basis of title documents---Question of title of the plaintiff and/or defendant could have automatically been determined had the Court decided the issues of facts with regard to entitlement of possession of suit land---Provisions of Ss.42 & 8 of Specific Relief Act, 1877 were not complementing each other and were independent provisions of law and dealt with different kinds of grievances---Any person who had been deprived of his immovable property by any unscrupulous person could sue the said illegal occupant and recover its possession without seeking a declaration of his entitlement to his legal character---Findings recorded by the Courts below treating issue of maintainability as preliminary and dismissing the suit were not sustainable, in circumstances---Impugned judgments and decrees passed by the Courts below were set aside---Matter was remanded to the Trial Court for decision afresh while giving findings on each and every issue---Revision was allowed, in circumstances. Syed Iftikar-ud-Din Haider Gardezi and 9 others v. Central Bank of India Ltd., Lahore 1996 SCMR 669; Sh. Abdul Kabeer v. Mian Abdul Wahid and others 1968 SCMR 464; Sultan Mehmood Shah through L.Rs. v. Muhammad Din and 2 others 2005 SCMR 1872; Muhammad Aslam v. Mst. Ferozi and others PLD 2001 SC 213 and Cantonment Board through Executive Officer, Cantt. Board, Rawalpindi v. Ikhlaq Ahmed and others 2014 SCMR 161 distinguished. Hafiz Muhammad Siddique Anwar v. Faisalabad Development Authority and others 2007 SCMR 1126 and Taj Wali Shah v. Bakhti Zaman 2019 SCMR 84 rel. (b) Specific Relief Act (I of 1877)--- ----Ss.42 & 8---Provisions of Ss.42 & 8 of Specific Relief Act, 1877 were independent provisions of law and dealt with different kinds of grievances---Principles. Hon'ble Mr. Justice Nazar Akbar
258 Spl.Anti.Ter.A. 135/2020 (D.B.) Sindh High Court, Karachi 2020 MUHAMMAD SOHAIL S/O JAHAN SHAH (Appellant) VS THE STATE (Respondent) D.B. Judgement 22-DEC-20 Yes Section 353/324/34 PPC Hon'ble Mr. Justice Nazar Akbar(Author), Hon'ble Mr. Justice Zulfiqar Ahmad Khan Crl.P.48-K/2021 The State through Prosecutor General Sindh v. Muhammad Sohail Before Supreme Court of Pakistan Pending
259 Suit 1563/2006 (S.B.) Sindh High Court, Karachi 2006 DR.JAVED AKHTER (Plaintiff) VS M/S.RUFI BUILDERS & DEV. (Defendant) S.B. Judgement 05-JUL-21 Yes Hon'ble Mr. Justice Nazar Akbar(Author)
260 Spl.Anti.Ter.A. 19/2020 (D.B.) Sindh High Court, Karachi 2020 SYED AHMED SULAIMAN @ SP S/O SYED ABDUL HAFEEZ (Appellant) VS THE STATE (Respondent) D.B. Judgement 14-DEC-20 Yes Hon'ble Mr. Justice Nazar Akbar, Hon'ble Mr. Justice Zulfiqar Ahmad Khan(Author)
261 Spl.Anti.Ter.J.A. 302/2019 (D.B.) Sindh High Court, Karachi 2019 TANVEER AHMED S/O MUHAMMAD IBRAHIM & ANOTHER (Appellant) VS THE STATE (Respondent) D.B. Judgement 11-DEC-20 Yes Hon'ble Mr. Justice Nazar Akbar, Hon'ble Mr. Justice Zulfiqar Ahmad Khan(Author)
262 Conf.Case 16/2019 (D.B.) Sindh High Court, Karachi 2019 REFERENCE MADE BY THE JUDGE, MCC MALIR KARACHI (Appellant) VS MUHAMMAD YASEEN @ MAMA GADDI S/O ABDUL REHMAN (Respondent) D.B. Judgement 23-DEC-20 Yes Hon'ble Mr. Justice Nazar Akbar, Hon'ble Mr. Justice Zulfiqar Ahmad Khan(Author)
263 Spl.Anti.Ter.A. 82/2020 (D.B.) Sindh High Court, Karachi 2020 SYED RIZWAN ALI S/O SYED AIJAZ ALI (Appellant) VS THE STATE (Respondent) D.B. Judgement 22-DEC-20 Yes Hon'ble Mr. Justice Nazar Akbar, Hon'ble Mr. Justice Zulfiqar Ahmad Khan(Author)
264 2014 MLD 1333 Const. P. 409/2014 (S.B.) Sindh High Court, Karachi 2014 MST. RABIA NOOR (Petitioner) VS SHAHZAD SHAH & OTHERS (Respondent) S.B. Order 28-MAY-14 Yes Constitution of Pakistan---- ---Art. 199---Constitutional petition---Maintainability---Recovery of children---Scope---Petitioner was wife of respondent and she had been divorced---Petitioner/mother had already approached Sessions Court under S. 491, Cr. P. C for the same relief---Age of children was nine and seven years and petitioner could not claim her right of Hizanat/ custody of children, who were in the custody of their father being their natural guardian---Custody of children with their father could not be treated as illegal as he was responsible for their upbringing as a natural guardian---Petitioner/mother should file petition under Guardians and Wards Act, 1890 to claim the custody or visiting rights of children---Complaint to Station House Officer against husband for having custody of children did not mean that extraordinary circumstances had arisen for invoking the constitutional jurisdiction of High Court---No case was made out for invoking jurisdiction of High Court for recovery/production of children in the court---Petitioner had equally, efficacious and alternate remedy under Guardians and Wards At, 1890 and she might file guardian petition if so advised as Guardian Judge had power of recovery of minors and regulating their interim custody---Constitutional petition was not maintainable which was dismissed in circumstances. Mst. Nadia Perveen v. Mst. Almas Noreen and others PLD 2012 SC 758 rel. Hon'ble Mr. Justice Nazar Akbar
265 2016 PLC 1 M.A. 40/2009 (S.B.) Sindh High Court, Karachi 2009 M/s. Sindh Employees Social security & Ors (Appellant) VS Rajwani Apparel (Pvt) Ltd (Respondent) S.B. Judgement 04-AUG-14 Yes Provincial Employees' Social Security Ordinance (X of 1965)--- ----Ss. 22(3), 57, 62 & 64---Social Security Contribution---Assessment of Social Security Contribution by the Institution for three specific years---Institution's Inspection Team found underpayment of Social Security Contribution by the establishment for the period from July, 1995 to June, 2000 and on account of non-production of record for the period from January, 1993 to June, 1995, the said Inspection Team also assessed the contribution in terms of S.22(3) of the Ordinance---Director of the Institution raised the demand towards short payment of Social Security Contribution---Establishment filed objections to the said demand under S.57 of the Ordinance, which was registered as complaint---Commissioner of the Institution ordered rechecking, but the establishment/company failed to produce record for the period from January, 1993 to June, 1995---Commissioner found the company liable to pay short/underpayment of Social Security Contribution for the period from January, 1993 to June, 2000 to the Institution---Company preferred appeal against the order of Commissioner before the Social Security Court, which was allowed and the entire demand was set aside, against which the Institution filed appeal---Contentions of the Institution/appellant were that the Social Security Court had erred in law by holding that the question of limitation was involved in the case and the inspection of the record by the Institution beyond the period of two years was illegal---Establishment had neither rebutted the demand nor produced any evidence in that regard, therefore, establishment was liable for the short/underpayment of Social Security Contribution---Validity---Findings of the Social Security Court rejecting the entire claim of the Institution towards short payment of Social Security contribution was contrary to the facts as well as the law---Establishment had not led evidence before the Commissioner during the hearing of their complaint under S.57 of the Ordinance despite the fact that specific directions were given by the Commissioner to produce the record to negate the audit report after rechecking---In the event of no evidence in rebuttal, the Appellate Court ought to have maintained the findings of the Commissioner instead of reversing the entire claim of the Institution regarding the short payment of Social Security Contribution as not justified---Burden was on the establishment who had raised the objection to the demand to prove that any amount mentioned in the statement was incorrect or not justified---Establishment had failed to discharge their burden before the Commissioner as well as before Social Security Court having not offered to lead evidence in terms of S.62 of the Ordinance to rebut the claim of the Institution---Social Security Court had not exercised its powers of summoning the witnesses or calling record of establishment for the purpose of deciding the appeal in terms of S.62 of the Ordinance and accepted the appeal of the establishment without any evidence. Hon'ble Mr. Justice Nazar Akbar C.P.228-K/2015 M/s Rajwani Apparel Pvt. Ltd. v. M/s Sindh Employees Social Security Institution (SESSI) and others,C.A.192-K/2015 M/s Rajwani Apparel Pvt. Ltd. v. M/s Sindh Employees Social Security Institution (SESSI) and others Before Supreme Court of Pakistan Disposed Leave Granted, Appeal to be heared with 3 months.,Disposed Dismissed
266 2014 YLR 1960 II.A. 13/2010 (S.B.) Sindh High Court, Karachi 2010 Muhammad Shafiq (Appellant) VS Muhammad Suleman Jameel & Ors (Respondent) S.B. Order 30-MAY-14 Yes (a) Sindh Rented Premises Ordinance (XVII of 1979)--- ----S. 21---Civil Procedure Code (V of 1908), 0.1, R. 10--- Ejectment proceedings against tenant---Remedies for a stranger against the order of Rent Controller---Principles---Plaintiff filed suit for declaration to the effect that order of Rent Controller declining his request in the case to become a party was wrong---Validity---Plaintiff preferred an application under 0.1, R. 10, C.P.C. before Rent Controller which was dismissed and no appeal or revision against the said order was filed--- Order passed by the court during civil litigation in exercise of original or appellate jurisdiction could be attacked alongwith final order in appeal---Plaintiff should have filed appeal after final ejectment order and impugned both the orders viz; order of dismissal of application under 0.1, R.10, C.P.C. and final ejectment order---Sindh Rented Premises Ordinance, 1979 was special law and plaintiff had no option except to find remedy under said law---Plaintiff should have instantly filed an appeal or revision or even constitutional petition to press his grievance against the dismissal of his application under 0. 1, R. 10, C.P.C. by Rent Controller---Stranger to the proceedings or third party against the order of Rent Controller might have two remedies open to him i.e. an application under S. 12(2), C.P.C. for recalling or review of the order based on fraud or filing a separate suit but he could only pursue one remedy he had initiated first or. earlier in point of time and having done so the other remedy should stand forfeited---Plaintiff had already entered into jurisdiction of Rent Controller and his right to avail other remedy of a separate suit was forfeited---Plaintiff had chosen wrong forum for filing a civil suit after final ejectment order---Plaintiff should have not abandoned the proceedings before the Rent Controller on dismissal of his application under 0.1, R.10, C.P.C.---Appeal was dismissed in circumstances. Hon'ble Mr. Justice Nazar Akbar
267 2015 YLR 196 Suit 365/1994 (S.B.) Sindh High Court, Karachi 1994 SALEEM AHMED MIRZA (Plaintiff) VS RETD. MAJOR SYED IFTIKHAR HUSSAIN ZAIDI (Defendant) S.B. Judgement 13-MAR-14 Yes Specific Relief Act (I of 1877)--- ----Ss. 42 & 8---Suit for declaration, possession, mesne profits and damages---Contention of plaintiff was that he was owner of suit land whose possession had been taken by the defendants forcibly---Validity---Plaintiff had established that he was owner of suit property---Possession of defendants upon the suit land could not be lawful---Unlawful occupant of suit property could only be termed as "trespasser"---No fraud had been committed in leasing the suit property in favour of plaintiff---Plaintiff had been denied to enjoy ownership right in the plot in question and he was entitled to mesne profit @ Rs. 500/ per day from the date of illegal possession of defendants---No documentary evidence had been produced to justify the claim of damages, therefore same could not be awarded on account of increase in cost of construction material---Plaintiff was declared lawful owner of suit land and he was entitled for vacant possession from defendants and mesne profits jointly and severally---Suit was decreed in circumstances. Hon'ble Mr. Justice Nazar Akbar
268 2015 CLC 1090 Suit 939/2010 (S.B.) Sindh High Court, Karachi 2010 CLIFTON BLOCK-7 RESIDENTS ASSOCIATION & OTHERS (Plaintiff) VS ZUBAIR AHMED & OTHERS (Respondent) S.B. Order 04-DEC-14 Yes (a) Specific Relief Act (I of 1877)--- ----Ss. 42 & 54---Constitution of Pakistan, Arts.23, 189 & 201---Civil Procedure Code (V of 1908), S.11, Expln.VI & O.VII, R.11---Suit for declaration and injunction---Res judicata, principle of---Rejection of plaint---Public importance issue---Plaintiffs were residents of road in question and they assailed commercialization of the road---Defendants sought rejection of plaint on the plea that commercialization of road in question had already been decided in earlier proceedings in presence of plaintiff's registered Association--- Validity--- Once registered Association of residents of the area was present before Court and 'issue' of public importance for and on behalf of residents was raised by them and the Court had decided the 'issue', the individual members or other residents of same locality were bound by the decision of Court on that particular 'issue' in which they were very much interested and they could not claim that such decision of the Court on the said 'issue' was not binding on them because they were not individually party to that judgment---Plaintiffs were no other than the community of residents of same locality and the issue re-agitated by them through the suit had already stood answered by Division Bench of High Court, therefore, earlier judgment was binding on them in terms of Expln.VI to S.11, C.P.C.---Plaintiffs abused process of Court in denying defendants to freely exercise their fundamental right to acquire, hold and 'dispose of property' guaranteed to them by Art.23 of the Constitution---Plaintiffs attempted to persuade the Court to pass orders against mandate of Arts.189 & 201 of the Constitution---Suit was dismissed with costs in circumstances. Hon'ble Mr. Justice Nazar Akbar
269 2014 MLD 1216 Suit 86/2012 (S.B.) Sindh High Court, Karachi 2012 Muhammad Nazim (Plaintiff) VS Anwar Hussain Darbari (Defendant) S.B. Order 28-APR-14 Yes Civil Procedure Code (V of 1908)--- ----O. VII, R.11---Specific Relief Act (I of 1877), S.12---Contract Act (IX of 1872), S.23---Suit for specific performance---Rejection of plaint---Plaintiff entered into agreement to sell with defendant in respect of property which belonged to his son, who was real owner of the suit property---Validity---Plaintiff's agreement with defendant was without permission of original owner who never consented to the agreement and refused to execute power of attorney in favour of defendant---No privity of contract existed between the plaintiff and the real owner of the suit property---Plaintiff knew that the agreement was dependent upon execution of General Power of Attorney by original owner who was not under any obligation to execute the power of attorney---Defendant had no authority to enter into an agreement to sell in respect of property which did not belong to him---Agreement was, therefore, not for lawful object in terms of S.23 of the Contract Act, 1872 as the same involved injury to the property of another person---Plaintiff had no cause of action---Plaint was rejected. Hon'ble Mr. Justice Nazar Akbar
270 2015 YLR 1652 Suit 1475/2010 (S.B.) Sindh High Court, Karachi 2010 NANNEY KHAN (Plaintiff) VS MUHAMMAD DAWOOD KHAN & OTHER (Defendant) S.B. Judgement 20-JAN-15 Yes Specific Relief Act (I of 1877)--- ----S. 12---Constitution of Pakistan, Arts. 24 & 172---Qanun-e-Shahadat (10 of 1984), Art. 117 & 120---Suit for specific performance of agreement to sell---Requirements--- Ownerless property---Execution of document---Onus to prove---Plaintiff claimed to have entered into agreement to sell with defendant for suit property---Validity---In order to succeed in a Court of law for specific performance of agreement, plaintiff had to prove execution of agreement through a strong, consistent and cogent evidence independently and he could not succeed in obtaining decree solely on the basis of weakness, lacuna and total absence in or of the defence---Court, in the present case, was satisfied that none was known to the Court for having any right or entitlement in suit property, in such situation the Court was required to find out the actual owner/or his/her legal heirs before holding that suit property was escheatable---High Court imposed cost upon the plaintiff who had been in illegal possession of suit property since year, 2009---Suit was dismissed, in circumstances. Hon'ble Mr. Justice Nazar Akbar
271 2016 YLR 100 Suit 1320/2004 (S.B.) Sindh High Court, Karachi 2004 MUHAMMAD AYUB (Plaintiff) VS MISS AMBREEN NAZ (Defendant) S.B. Judgement 10-FEB-15 Yes (a) Specific Relief Act (I of 1877)--- ----S. 12---Qanun-e-Shahadat (10 of 1984), Arts. 102, 103 & 117---Contract Act (IX of 1872), S. 5---Suit for specific performance of agreement to sell---Oral agreement--- Scope--- Proposal and acceptance---Plaintiff was ready to perform his part of contract and he performed the same within stipulated time---Both the parties had entered into a valid contract---Written agreement could not be defeated by an oral agreement---Defendant, in the present case, had failed to prove the factum of oral agreement, and was estopped to allege and claim anything orally contrary to written commitments---Defendant had breached the agreement---Effect---Validly concluded agreement could not be revoked---Section 5 of Contract Act, 1872 barred revocation of proposals and acceptances once its communication was completed---Agreement had been concluded and offer of sale of property was accepted by the plaintiff by performing the condition of payment of 10% of sale consideration in advance---Receipt of advance payment by the defendant had confirmed that offer of sale of suit property was accepted by the plaintiff much before legal notice---Said acceptance was fully communicated to the defendant---Communication of proposal by the defendant and its acceptance was completed when advance/token amount of sale consideration was paid by the plaintiff and defendant issued receipt of part payment in writing---Communication of both proposal and its acceptance had been completed by either parties to each other prior to revocation through notice---Neither there was any occasion to revoke the offer nor notice after the completion of communication could be treated as revocation---Impugned agreement was capable of specific performance and plaintiff was entitled to the relief claimed---Defendant was directed to execute sale deed within a specified period and plaintiff be put in possession of suit property---Nazir of the court should execute sale deed in case of failure of defendant to execute the same in favour of plaintiff---Suit of plaintiff was decreed in circumstances. 2014 SCMR 1217 and 2002 SCMR 326 rel. (b) Qanun-e-Shahadat (10 of 1984)--- ----Art. 103---Exclusion of evidence of oral agreement---Scope---Written agreement could not be defeated by an oral agreement. (c) Contract Act (IX of 1872)--- ----S. 5---Revocation of proposal and acceptance---Scope---Section 5 of Contract Act, 1872 barred revocation of proposals and acceptances once its communication was completed. Hon'ble Mr. Justice Nazar Akbar
272 Spl.Anti.Ter.J.A. 19/2014 (D.B.) Sindh High Court, Karachi 2014 Muhammad Sabir (Appellant) VS The State (Respondent) D.B. Judgement 16-APR-15 Yes Hon'ble Mr. Justice Naimatullah Phulpoto, Hon'ble Mr. Justice Nazar Akbar
273 2016 CLC 1047 I. A 54/2010 (S.B.) Sindh High Court, Circuit at Hyderabad 2010 Province of Sindh & Ors (Appellant) VS Land Acquisition Officer & Ors (Respondent) S.B. Order 28-SEP-15 Yes (a) Land Acquisition Act (I of 1894)--- ----S. 18---Civil Procedure Code (V of 1908), S.79---Land acquisition---Reference to court, rejection of---Appeal---Limitation---Void order---Reference to court was rejected on the ground that beneficiary of acquisition had no right to file a reference or appeal---Validity---Referee Court refused to entertain the reference filed by the beneficiary of the award under the misconception of law---Impugned order was without jurisdiction---Jurisdiction vested in the Referee Court had not been exercised properly---Reference was maintainable in circumstances---Bar of limitation was not applicable to the appeal as impugned order was void ab initio and nullity---Beneficiary of acquisition could file a reference or appeal if he was a party before the Referee Court---Reference was not hit by S.79, C.P.C.---Case was remanded to the Referee Court for deciding the same in accordance with law within a specified period---Appeal was allowed in circumstances. BP Pakistan Exploration and Production v. Sher Ali Khawaja PLD 2008 SC 400 and Water and Power Development Authority v. Ghulam Shabbir 2009 SCMR 1051 ref. Land Acquisition Collector v. Muhammad Nawaz PLD 2010 SC 745; Land Acquisition Collector v. Sarfaraz Khan PLD 2001 SC 514; and Sherbano v. Kamil Muhammad Khan PLD 2012 Sindh 293 rel. (b) Limitation--- ----No limitation would run against the void order. Hon'ble Mr. Justice Nazar Akbar
274 2016 YLR Note 42 II.A. 13/2010 (S.B.) Sindh High Court, Circuit at Hyderabad 2010 Allah Bachayo & Others (Appellant) VS Sain Bux & Others (Respondent) S.B. Order 30-SEP-15 Yes (a) Gift--- ----Gift deed was executed by pardanasheen lady---Effect---Contention of plaintiffs was that alleged gift was not executed and signed by the donor---Suit was dismissed by the Trial Court but was decreed by the Appellate Court---Validity---Plaint and evidence produced by the plaintiffs were silent with regard to ingredients of gift---Plea of pardanasheen lady was available only if she had denied the execution of document---Stranger to the gift could not dispute that execution of the same was not proper since it was executed by a pardanasheen lady---Mere fact that donor was a pardanasheen lady was not fatal to the execution of gift as she had gifted the property in presence of her nephew and other independent witnesses to the donees---Findings recorded by the Appellate Court were contrary to record and evidence as well as law which were set aside---Second appeal was allowed in circumstances. [Paras. 12, 15 and 16 of the judgment] (b) Islamic law--- ----Gift---Ingredients---Ingredients of gift were offer, acceptance and delivery of possession of corpus of gift. [Para. 12 of the judgment] Bashir Ahmed v. Mst. Taja Begum and others PLD 2010 SC 906; Syed Abdullah Shah and 3 others v. Abdul Ghaffar and another PLD 1988 Quetta 60; Mst. Farrukh Sultana v. Messrs Darul Aloom Amjadia 1989 MLD 3795; Muhammad Ibrahim v. Province of Sindh through D.C.O. Revenue and 4 others PLD 2013 Sindh 501; Noor Muhammad and other v. Mst. Azmat-e-Bibi 2012 SCMR 1373 and Abdur Rehman v. Khalilur Rehman and others 1996 (W.P. Pesh.) 121 distinguished. Mst. Bai and 3 others v. Province of Sindh and others 2014 YLR 1244 and Muhammad Sadiq and others v. Bashir Ahmed and others 2004 SCMR 1734 rel. Hon'ble Mr. Justice Nazar Akbar C.A.188-K/2015 Sain Bux and others v. Allah Bachayo and others,C.P.3249/2022 National Fertilizer Marketing Limited thr. its Managing Director, Lahore v. M/s Seven Stars Enterprises thr. its Managing Partner, Sukkur & others Before Supreme Court of Pakistan Disposed Dismissed,Disposed Dismissed
275 2016 MLD 1696 Civil Revision 20/2013 (S.B.) Sindh High Court, Circuit at Hyderabad 2013 Mst Shahida Parveen (Applicant) VS Saiful Malook (Respondent) S.B. Judgement 17-AUG-15 Yes (a) Specific Relief Act (I of 1877)--- ----S.12---Qanun-e-Shahadat (10 of 1984), Art. 79---Suit for specific performance to sell immovable property---Agreement to sell, proof of---Scope---Contention of plaintiff was that she purchased suit property form defendant on the basis of agreement to sell---Validity---Burden was on plaintiff to prove the existence of agreement to sell and handing over of possession of suit property through sale agreement---Record showed that neither plaintiff had produced receipt of payment nor she had produced marginal witnesses or any other witness to prove execution of sale agreement with defendant---Sole testimony of plaintiff was not sufficient, thus, plaintiff had failed to discharge her burden in terms of S.79 of Qanun-e-Shahadat, 1984. (b) Civil Procedure Code (V of 1908) --- ----S. 115---Revision---Concurrent findings of lower courts---Concurrent findings of lower courts could not be set aside in exercise of jurisdiction under S.115 of C.P.C. unless same were found perverse or contrary to record. Hon'ble Mr. Justice Nazar Akbar
276 2016 CLC 143 Civil Revision 74/2012 (S.B.) Sindh High Court, Karachi 2012 Mst. Hamida Fatima & another (Applicant) VS M/S. Goodwill (Pvt) Ltd & another (Respondent) S.B. Order 11-NOV-15 Yes Civil Procedure Code (V of 1908)--- ----O. VII, R. 11(d), O. I, R. 10(3), (4) & O. VI, R. 17---Plaint, rejection of---Pleadings, amendment of---Amendment of plaint under O. I, R. 10(4), C.P.C. would not attract provision of O. VII, R. 11(d), C.P.C.---Defendant filed application under O. I, R. 10, C.P.C. to be joined as defendant in the suit, which was accepted by Trial Court, and plaintiff was, therefore, required to amend the plaint under O. I, R. 10(4), C.P.C.---Defendant, subsequently, filed another application under O. VII, R. 11, C.P.C., seeking rejection of amended plaint on ground that plaintiff had made certain averments in the plaint without first seeking permission under O. VI, R. 17, C.P.C., which was allowed by Trial Court and amended plaint was rejected---Appellate court, setting aside order of rejection, remanded the case holding that provision of O. VII, R.11, C.P.C. did not apply to the plaint amended under O. I, R. 10(4), C.P.C.---Validity---Amended plaint in question was not barred by any law, nor had defendant referred to any law to declare that the same was hit by such law---Provisions of O. I, R. 10, C.P.C. and O.VI, R. 17, C.P.C. operated in quite different circumstances---Provision of O. VI, R. 17, C.P.C. were not applicable to facts of present case---Revision petition was dismissed in circumstances. Hon'ble Mr. Justice Nazar Akbar
277 2018 SBLR 2098, 2016 MLD 1630 Const. P. 324/2012 (S.B.) Sindh High Court, Karachi 2012 Pakistan State Oil Company (Ltd) (Petitioner) VS Shahabuddin K Bhimani & Others (Respondent) S.B. Order 19-FEB-16 Yes (a) Sindh Rented Premises Ordinance (XVII of 1979)--- ---S. 15---Ejectment of tenant---Willfull default in payment of rent---Ejectment petition was accepted concurrently---Validity---Default in payment of rent had been proved on record through evidence---Constitutional petition was dismissed with cost of Rs. 100,000/- to be paid by the tenants to the landlords within 15 days through Nazir of the Court---Nazir should attach accounts of tenant in case of default in payment of cost within time and use any lawful means for its recovery and after realizing the same should pay to the landlords---Tenants were directed to vacate the tenements within 30 days and handover vacant possession of the same to the landlords. (b) Constitution of Pakistan--- ---Art. 199---Constitutional jurisdiction of High Court---Scope---Concurrent findings of facts based on undisputed evidence could not be set aside by the High Court in its constitutional jurisdiction. Hon'ble Mr. Justice Nazar Akbar
278 2018 MLD 1770 Suit 1725/2000 (S.B.) Sindh High Court, Karachi 2000 PAK. STATE OIL CO. LTD. (Plaintiff) VS M/S. GILLANI PVT. LTD. & ORS. (Defendant) S.B. Judgement 26-APR-18 Yes Arbitration Act (X of 1940)--- ----Ss. 8, 20, 25, 32 & 34---Suit for recovery of money---Arbitration clause---Referring matter to Arbitrator---After filing of suit, proceedings were stayed and matter was referred to Arbitrator---Subsequently plaintiff filed application for restoration of suit and sought appointment of Arbitrator under Ss. 8 & 20 of Arbitration Act, 1940---Validity---Once parties were referred to Arbitrator, the purpose / object of Arbitration Act, 1940, was effectively achieved and parties were prevented to obtain a decree from Court contrary to their own agreement that their disputes were to be adjudicated by a private party as provided in arbitration agreement---Order on application under S. 34 of Arbitration Act, 1940, and / or on application under S. 20 of the Act, was one and the same---Purpose of both the provisions was to seek enforcement of an 'arbitration clause/agreement' against the party guilty of avoiding / refusing arbitration for resolution of their dispute---High Court declined exercise of discretion under S. 25 of Arbitration Act, 1940---Plaintiff had repeatedly approached the High Court by suppressing arbitration agreement and attempted to obtain a decree from a civil Court despite the fact that the suit was barred under S. 32 of Arbitration Act, 1940---Suit was dismissed in circumstances. Hon'ble Mr. Justice Nazar Akbar
279 2018 YLR 256 Suit 684/1989 (S.B.) Sindh High Court, Karachi 1989 M/S. MIAN AKBAR TRADING CORPORATION (Plaintiff) VS TEH SENIOR DEPUTY DIR. EXCHANGE (Defendant) S.B. Judgement 29-JUN-18 Yes Qanun-e-Shahadat (10 of 1984)--- ----Art. 117---Evidence---Burden of proof---Principles---Whoever went to court and sought a judgment on basis of existence of certain facts, such person had to firstly prove said facts through cogent and convincing evidence. Hon'ble Mr. Justice Nazar Akbar
280 2017 MLD 460 S.M.A 74/2015 (S.B.) Sindh High Court, Karachi 2015 Mr Afia Baig w/o. Mirza Fawad Baig V/S (Petitioner) VS Party-2 (Defendant) S.B. Order 14-OCT-16 Yes (a) Counsel and client--- ----Affidavit by advocate---Scope---Lawyer is not supposed to take place of his client when seeking any substantial relief which the client wanted from the Court---Lawyer cannot swear affidavit of facts relating to circumstances of his client in which need for an order from Court of law was felt for the client even on the advice of lawyer---Such facts and circumstances can only be in the personal knowledge of the client when neither application nor affidavit in support of application is signed by client. (b) Succession Act (XXXIX of 1925)--- ----Ss. 273 & 372---Chief Court Rules (O.S.), Rr. 340, 376, 377 & 399---Letters of Administration and succession certificate---Amended petition---Seeking of surety---Object---Necessary ingredients---Widow of deceased owner of property in question died during pendency of petition and applicant did not file proper amended petition---Validity---On the death of widow of deceased owner, in amended petition for the share inherited by her, amended petition must disclose her legal heirs---Once all codel formalities were honestly completed and petition of letter of administration was granted, it would be duty of petitioner to administer properties of both deceased parents as per law which could include first mutation in the name of respective legal heirs and then it would be the choice of new owners by way of inheritance to deal with their respective individual shares in joint properties the way they could wish to, but in accordance with law---Grant of letter of Administration was always subject to the Rules---Purpose of obtaining sureties by Court in terms of Rr. 399 & 340 of Sindh Chief Court Rules (O.S.) was to ensure that petitioner would administer properties of deceased in accordance with law and honestly. Hon'ble Mr. Justice Nazar Akbar
281 2019 YLR Note 68 Cr.Bail 1502/2018 (S.B.) Sindh High Court, Karachi 2018 AMAR AMAN S/O AMANULLAH (Applicant) VS THE STATE (Respondent) S.B. Order 23-APR-19 Yes Criminal Procedure Code (V of 1898)--- ----S. 497---Control of Narcotic Substances Act (XXV of 1997), Ss. 9(c), 14 & 15---Bail, grant of---Case of further inquiry---Delay in conclusion of trial---Knowledge of accused---Proof---Accused was arrested for having 'Bilty' (Bill of Lading) seeking release of consignment of leather goods which allegedly contained 3.200 kilograms of heroin---Validity---Accused had only come with 'Bilty' (Bill of Lading) and consignment was not handed over to him---Accused was arrested only because he had 'Bilty' (Bill of Lading), in which consignment was mentioned as leather jackets---Prima facie it was a case of further inquiry as to whether accused himself was involved in change of consignment from leather jackets into contraband items recovered in said consignment by prosecution before even disclosing to accused---Accused was already behind the bars since 2014 and was not required for investigation---Bail was allowed in circumstances. Hon'ble Mr. Justice Nazar Akbar
282 2018 CLC 279 Suit 1683/2017 (S.B.) Sindh High Court, Karachi 2017 OPI Gas (Pvt) Limited (Plaintiff) VS United Energy Pakistan Limited & others (Defendant) S.B. Judgement 10-AUG-17 Yes (a) Constitution of Pakistan--- ----Art. 18---Sale purchase agreements---Creation of vested rights---"Freedom of trade"---Scope---Plaintiff sought to establish a vested right to be the sole supplier of LPG manufactured by defendants and sought to restrain the defendants from allowing any third-party to make such supply---Contention of plaintiff, inter alia, was that it had made a huge investment to enable such supply which had created a vested right in its favour---Validity----Investment of plaintiff had not created any vested right in its favour as the LPG itself belonged to the defendants prior to sale purchase contract between the parties and also upon termination of said contract---Huge investment in the business by a trader could not be considered as an investment to acquire any rights whatsoever in the product/property which was owned by the other contracting party beyond the limited extent incorporated in the written sale / purchase agreement---Plaintiff could also not interfere in the defendants' freedom of trade guaranteed by Article 18 of the Constitution---Suit was dismissed, in circumstances. 1994 CLC 728; Chitty on Contract (13th edition) page 56-57 from Volume.1 General Principles; AIR 1978 SC 798; AIR 2006 SC 40; Bank Alfalah Ltd. v. NEU Multiplex and Entertainment Square Company (Pvt.) Ltd. 2015 YLR 2141; Royal Foreign Company v. The Civil Aviation Authority and another 1998 CLC 374; Messrs World Wide Trading Co. v. Sanyo Electric Trading Co. Ltd. and another PLD 1986 Kar. 234 and Messrs Universal Business Equipment (Pvt.) Ltd., v. Messrs Kokusai Commerce Inc. and others 1995 MLD 384 ref. (b) Civil Procedure Code (V of 1908)--- ----O. VI, Rr. 2 & 4---Pleadings generally---Practice of counsel/lawyers placing on record several documents which such counsel/lawyer did not even refer to during course of arguments or otherwise and such documents were not part of their own record needed in support of their pleadings---High Court observed that such practice was due to the reason that counsel/lawyer/ wanted to give an impression to the court that the case filed by them was an important one requiring immediate attention; which practice was against the basic principles of pleadings to be filed in court under O.VI, C.P.C. wherein emphasis of law makers/legislature was on "material facts" and "effect of material documents" in pleadings. Hon'ble Mr. Justice Nazar Akbar
283 2018 CLC 390 Suit 783/2017 (S.B.) Sindh High Court, Karachi 2017 Anees Vayyani (Plaintiff) VS Mst. Zarina Vayyani & others (Defendant) S.B. Order 15-AUG-17 Yes Succession Act (XXXIX of 1925)--- ----Ss. 295 & 278---Civil Procedure Code (V of 1908), O.XX, R.13 & S.114---Succession---Procedure in contentious cases---Decree in administration suit---Nature of order under S.295, Succession Act, 1925---Conversion of proceedings under Succession Act, 1925 to a suit of administration under O.XX, R.13, C.P.C.---Preliminary decree---Scope---Orders passed in absence of legal heirs could not be treated as orders passed on "objections" in order to treat an application for letter for administration as contentious, which could only be converted into a suit if the objections filed were prima facie tenable and objectors were to be treated as defendants in terms of S.295, Succession Act, 1925---When there was neither "objections" nor "objectors" on record, order under O.XX, R.13, C.P.C. could not be passed. Hon'ble Mr. Justice Nazar Akbar
284 2017 YLR 453 R.A (Civil Revision) 173/2010 (S.B.) Sindh High Court, Karachi 2010 Bashir Ahmed (Applicant) VS Mst.Fatima Begum & Ors (Respondent) S.B. Judgement 29-SEP-16 Yes (a) Specific Relief Act (I of 1877)--- ----S. 42---Suit for declaration---Contention of plaintiff was that he was owner of suit property---Suit was dismissed concurrently---Validity---Plaintiff had been paid sale consideration of suit property---Plaintiff had failed to question the authenticity or any illegality in the process of transfer and execution of lease of suit property in favour of defendant---Plaintiff had not furnished the details of fraud and misrepresentation in his evidence---Defendant was owner of suit property and plaintiff being tenant failed to pay rent of the same---Plaintiff had utilized four different courts for twelve years to prolong his illegal and unlawful possession of suit property against the lawful owner---Suit filed by the plaintiff was frivolous and vexatious---Revision was time barred which was dismissed with cost of Rs. 50,000/---Plaintiff was directed to vacate the premises within thirty days and in case he failed to vacate the same then executing court should issue writ of possession with permission to break up locks without further notice. (b) Civil Procedure Code (V of 1908)--- ----S. 115--- Revision--- Limitation---Limitation for revision was ninety days. (c) Sindh Rented Premises Ordinance (XVII of 1979)--- ----S. 21---Constitution of Pakistan, Art. 199--- Constitutional jurisdiction---Scope---Eviction proceedings---Appeal---Scope---Issues of fact once decided after recording of evidence could be subjected to scrutiny only by the appellate forum provided under the relevant laws---Sindh Rented Premises Ordinance, 1979 was a special law and only one appeal had been provided against eviction---Remedy of second appeal or revision could not be invoked by the party aggrieved of an order of the appellate forum under the law---Concurrent findings of courts below could not be interfered with in constitutional jurisdiction except jurisdictional defect in the proceedings--- Constitutional jurisdiction of High Court could not be invoked as a substitute of revision or second appeal by a party aggrieved by the final appellate order. Hon'ble Mr. Justice Nazar Akbar
285 Cr.Misc. 204/2018 (S.B.) Sindh High Court, Karachi 2018 Imdad Ali S/o Bashiruddin (Appellant) VS The State and others (Respondent) S.B. Judgement 19-JUL-18 Yes Hon'ble Mr. Justice Nazar Akbar
286 I.T.R.A 207/2017 (D.B.) Sindh High Court, Karachi 2017 Citi Bank NA Karachi (Applicant) VS The Commission Inland Revenue (Respondent) D.B. Judgement 07-NOV-17 Yes Hon'ble Chief Justice Mr. Justice Aqeel Ahmed Abbasi, Hon'ble Mr. Justice Nazar Akbar
287 Cr.Appeal 51/2017 (S.B.) Sindh High Court, Karachi 2017 TALIB HUSSAIN S/O MUHAMMAD AZEEM (Appellant) VS THE STATE (Respondent) S.B. Order 28-JAN-19 Yes Hon'ble Mr. Justice Nazar Akbar Crl.P.116/2019 Sarfraz Aliyana v. The State thr. P.G. Sindh at Karachi & others,Crl.A.174/2019 Sarfraz Aliyana v. The State thr. P.G. Sindh at Karachi & others Before Supreme Court of Pakistan Disposed Leave Granted,Disposed Disposed of.Crl.M.153-154/19 Allowed. Crl.M.A.155/19 disposed of.
288 2020 PCr.LJ 259 Cr.Bail 1141/2019 (S.B.) Sindh High Court, Karachi 2019 Kashif Dars S/o Muhammad Usman Dars (Applicant) VS The State (Respondent) S.B. Order 16-AUG-19 Yes a) S.498, 561-A Cr.P.C--- Scope: Application of proper procedure; S.498, 561-A Cr.P.C--- Order under S.497(5) Cr.P.C passed by the District & Sessions Judge cancelling the bail of accused charged under Cyber Crime was assailed before High Court---The Court observed that the proceedings filed were half criminal bail application and half criminal Miscellaneous Application. It was further observed that surprisingly the Counsel who was protecting the liberty of his client was unaware of the law and nature of proceedings. As the proceeding under both the provision are distinguished in nature, in fact Deputy Registrar Judicial had to check that whether the instant application under Section 498 Cr.P.C was in the prescribed format for such an application or not. And if it was not the Deputy Registrar should have raised objection to bring it in the proper form. b) Supreme Court.16, 20, 21, PECA 2016 r/w 49, 420, 109 PPC (Prevention of Electric Crimes Act) --- S.497(5) Cr.P.COrder: In fact in Cyber Crime the accused cannot allege malafide in associating/ connecting him in the crime. The complainant was not aware of the applicant. He had only noticed certain fake pages on internet and Facebook carrying objectionable. FIA by using scientific technics reached to the accused through cell phone number which has been used to the Facebook carrying offensive material. Held--- Since the complainant party was never aware of the person behind this misuse of internet, it cannot be said that complainant had malafidely named the accused and arrested or associated with the offence. The Cell phone was in use of Accused and sufficient documentary evidence appeared against him connecting him with commission of offence. Application dismissed. Hon'ble Mr. Justice Nazar Akbar Crl.P.171-K/2019 Kashif Dars v. The State and others,Crl.A.397/2019 Kashif Dars v. The State and others Before Supreme Court of Pakistan Disposed Converted into Appeal and Allowed,Disposed
289 2019 MLD 1044 II.A. 21/2011 (S.B.) Sindh High Court, Karachi 2011 Mst. Kishwar Begum & Ors (Appellant) VS Rasheed Ahmed Qureshi & Ors (Respondent) S.B. Judgement 14-DEC-18 Yes Specific Relief Act (I of 1877)--- ----Ss. 12 & 54---Civil Procedure Code (V of 1908), S. 12(2)---Suit for specific performance of agreement and permanent injunction---Agreement to sell---Proof of ownership of vendor---Scope---Plaintiff filed suit for specific performance of agreement and permanent injunction wherein he claimed that he and paternal grandson of original owner entered into sale agreement for which he paid earnest money---Trial Court, on failure of vendor to file written statement, decreed the suit ex parte---During execution proceedings, rival claimant of subject property filed application under S.12(2), C.P.C. and got the ex parte decree set aside---Trial Court decreed the suit of plaintiff---Rival claimant filed an appeal which was allowed; Appellate Court remanded the case and proposed two additional issues---Trial Court, on remand, reversed its earlier findings and dismissed the suit---Appeal filed by plaintiff was allowed and suit was decreed---Validity---Rival claimant had filed application under S.12(2), C.P.C. to set aside the initial ex parte judgment by claiming that she was owner of the subject property on the basis of an agreement of sale with legal heirs of original owner---Perusal of her written statement showed that after setting aside of decree she had given up her claim on the subject property on the basis of sale agreement; she did not mention in her written statement that original owner was survived by three daughters and that she had purchased subject property nor did she made a counter prayer for declaration of ownership of suit property---Said lady had not filed any independent proceedings for seeking declaration of ownership of subject property---Original gift deed in favour of grandson of original owner was produced by plaintiff---Original gift deed in the hands of plaintiff was far more strong and cogent evidence of title as compared to the so-called power of attorney which was executed by unidentified daughters of original owner---Second appeal was dismissed, in circumstances. Hon'ble Mr. Justice Nazar Akbar(Author) C.P.502/2019 Mst. Kishwar Begum (decd) thr. her LRs v. Rasheed Ahmed Qureshi & others Before Supreme Court of Pakistan Disposed Dismissed as Withdrawn
290 2019 MLD 57 Cr.Appeal 17/2013 (S.B.) Sindh High Court, Karachi 2013 Fazal-ur-Rehman S/o Fazal Muhammad (Appellant) VS The State & another (Respondent) S.B. Judgement 30-JUL-18 Yes Hon'ble Mr. Justice Nazar Akbar(Author)
291 Suit.B 1674/1997 (S.B.) Sindh High Court, Karachi 1997 M.C.B LTD (Plaintiff) VS HAJI ABDUL RAZZAK (Defendant) S.B. Order 19-SEP-17 Yes Hon'ble Mr. Justice Nazar Akbar(Author)
292 2020 PCr.LJ 61 Cr.Bail 186/2019 (S.B.) Sindh High Court, Karachi 2019 RUSTAM KHAN S/O AAMIR KHAN (Applicant) VS THE STATE (Respondent) S.B. Order 14-MAR-19 Yes Criminal Procedure Code (V of 1898)--- ----S. 497---Penal Code (XLV of 1860), Ss. 392 & 34---Robbery, common intention---Bail, grant of---Non-association of independent witnesses---Completion of investigation---Effect---Accused was alleged to have committed robbery along with another person---Incident had taken place on 04-10-2018 and the accused was arrested on 27-10-2018---No specific role was attributed to the accused---Name of the accused was not mentioned in the FIR---No independent eye-witness was joined in the memo of arrest and recovery---Accused was not a previous convict nor a hardened criminal---Accused was not required for further investigation; therefore, no useful purpose would be served by keeping him behind the bars for indefinite period---Contents of memo of arrest and search revealed that SHO (Station House Officer) was informed by special informer that accused persons were distributing the looted money, the SHO arrested them and recovered almost half of the looted money---Contents of the memo were enough to acquit the accused, however, only bail was granted---Accused was admitted to post arrest bail, in circumstances. [Paras. 6 & 7 of the judgment] Hon'ble Mr. Justice Nazar Akbar(Author)
293 Cr.Tran 30/2020 (S.B.) Sindh High Court, Circuit at Hyderabad 2020 MST. ZAHIDA (Appellant) VS LEARNED A.D.J MATIARI & OTHERS (Respondent) S.B. Order 11-JAN-21 Yes Hon'ble Mr. Justice Nazar Akbar(Author)
294 Criminal Appeal 390/2019 (S.B.) Sindh High Court, Karachi 2019 MST. SAMINA D/O MUHAMMAD IQBAL & ANR (Appellant) VS THE STATE (Respondent) S.B. Order 10-JUN-20 Yes Hon'ble Mr. Justice Nazar Akbar(Author)
295 Const. P. 623/2020 (D.B.) Sindh High Court, Bench at Sukkur 2020 Haji Muhammad Siddique (Petitioner) VS The Province of Sindh through Home Secretary, Karachi & others (Respondent) D.B. Order 05-MAY-21 Yes Hon'ble Mr. Justice Nazar Akbar, Hon'ble Mr. Justice Muhammad Faisal Kamal Alam
296 Spl.Anti.Ter.A. 189/2019 (D.B.) Sindh High Court, Karachi 2019 ARREY MASIH @ ERIC S/O BABU MASIH (Appellant) VS THE STATE & ORS (Respondent) D.B. Judgement 04-JAN-21 Yes Hon'ble Mr. Justice Nazar Akbar(Author), Hon'ble Mr. Justice Zulfiqar Ahmad Khan(Author)
297 2016 YLR 1216 Criminal Appeal 338/2011 (S.B.) Sindh High Court, Karachi 2011 Mst. Shumaila (Appellant) VS The State (Respondent) S.B. Judgement 28-OCT-15 Yes (a) Penal Code (XLV of 1860)--- ----S. 302---Qatl-i-amd--- Appreciation of evidence---Accused was alleged to have murdered her husband by strangulation----Neither the injuries to the victim in the present case were proved to have been caused by accused nor strangulation was proved by medical reports as postmortem report was declared substandard by Medical Board and except her natural presence at the scene of incident being wife nothing else was before the court to treat as circumstantial evidence connecting accused with the offence---Alleged rope said to have been used for strangulation was not recovered by prosecution---Trial Court in the impugned conviction order had already held that prosecution had failed to prove motive and medical evidence did not prove strangulation, thus accused had no reason/motive to kill and same was sufficient to disbelieve the prosecution story---Burden was on prosecution to prove accused's involvement particularly her criminal role in the unnatural death of her husband to be treated as murder but Trial Court shifted the burden on accused---Mere unnatural death without any corroborating piece of evidence in shape of medical reports could not be treated as murder on suspicion alone---Trial Court convicted the accused on sole presumption that sudden death of deceased in short span of time without any clinical cause and reason was unusual and since the death took place inside the house of the lady accused in the night hours, her failure to provide necessary treatment was wilful, though it was not the case of prosecution that deceased suffered death as medical aid was denied to him---Trial Court outrightly rejected or ignored the medical evidence---Trial Court had misunderstood place and value of motive in criminal cases and had declared that motive in a criminal case was of no consequence and its existence and non-existence by itself neither proved nor disproved commission of a crime---Judgment of Trial Court, in circumstances, was set aside and the accused was acquitted of charge, accordingly. PLD 1966 SC 664 rel. Hon'ble Mr. Justice Nazar Akbar
298 Spl.Anti.Ter.A. 250/2019 (D.B.) Sindh High Court, Karachi 2019 BAQAR HUSSAIN SHAH S/O SHABBIR HUSSAIN SHAH (Appellant) VS THE SPL JDUGE, ATC-X KARACHI & ANOTHER (Respondent) D.B. Judgement 17-NOV-20 Yes Hon'ble Mr. Justice Nazar Akbar, Hon'ble Mr. Justice Zulfiqar Ahmad Khan(Author)
299 Spl.Anti.Ter.J.A. 349/2019 (D.B.) Sindh High Court, Karachi 2019 MEHTAB @ KALA S/O ALI MUHAMMAD & ANOTHER (Appellant) VS THE STATE (Respondent) D.B. Judgement 01-DEC-20 Yes Hon'ble Mr. Justice Nazar Akbar, Hon'ble Mr. Justice Zulfiqar Ahmad Khan(Author)
300 Spl.Anti.Ter.J.A. 323/2019 (D.B.) Sindh High Court, Karachi 2019 QAMAR @ KAMI @ KAMRAN S/O MUHAMMAD KAMAL (Appellant) VS THE STATE (Respondent) D.B. Judgement 11-DEC-20 Yes Hon'ble Mr. Justice Nazar Akbar, Hon'ble Mr. Justice Zulfiqar Ahmad Khan(Author)
301 Spl.Anti.Ter.A. 18/2019 (D.B.) Sindh High Court, Karachi 2019 CHUTTAL KHAN MAGSI S/O M. HUSSAIN MAGSI (Appellant) VS THE STATE (Respondent) D.B. Judgement 14-DEC-20 Yes Hon'ble Mr. Justice Nazar Akbar, Hon'ble Mr. Justice Zulfiqar Ahmad Khan(Author)
302 Spl.Anti.Ter.A. 351/2019 (D.B.) Sindh High Court, Karachi 2019 MUHAMMAD ALI @ LOMRI S/O MUHAMMAD HUSSAIN (Appellant) VS THE STATE (Respondent) D.B. Judgement 22-DEC-20 Yes Hon'ble Mr. Justice Nazar Akbar, Hon'ble Mr. Justice Zulfiqar Ahmad Khan(Author)
303 Criminal Appeal 230/2018 (D.B.) Sindh High Court, Karachi 2018 SHABBEER ALI MEMON S/O ALI MUHAMMAD (Appellant) VS THE STATE (Respondent) D.B. Judgement 07-JUN-21 Yes Hon'ble Mr. Justice Nazar Akbar, Hon'ble Mr. Justice Zulfiqar Ahmad Khan(Author)
304 Spl.Anti.Ter.A. 287/2019 (D.B.) Sindh High Court, Karachi 2019 HASSAN S/O HAROON (Appellant) VS THE STATE (Respondent) D.B. Judgement 11-DEC-20 Yes Hon'ble Mr. Justice Nazar Akbar, Hon'ble Mr. Justice Zulfiqar Ahmad Khan(Author)
305 Spl.Anti.Ter.J.A. 260/2019 (D.B.) Sindh High Court, Karachi 2019 NAUMAN AHMED S/O GHULAM MUSTAFA (Appellant) VS THE STATE (Respondent) D.B. Judgement 09-DEC-20 Yes Hon'ble Mr. Justice Nazar Akbar, Hon'ble Mr. Justice Zulfiqar Ahmad Khan(Author)
306 Spl.Anti.Ter.J.A. 321/2019 (D.B.) Sindh High Court, Karachi 2019 MUHAMMAD RAMZAN S/O DAD MUHAMMAD BALOCH (Appellant) VS THE STATE (Respondent) D.B. Judgement 12-NOV-20 Yes Hon'ble Mr. Justice Nazar Akbar, Hon'ble Mr. Justice Zulfiqar Ahmad Khan(Author)
307 Spl.Anti.Ter.J.A. 288/2018 (D.B.) Sindh High Court, Karachi 2018 MUMTAZ HUSSAIN S/O JAN MUHAMMAD (Appellant) VS THE STATE (Respondent) D.B. Judgement 15-DEC-20 Yes Hon'ble Mr. Justice Nazar Akbar, Hon'ble Mr. Justice Zulfiqar Ahmad Khan(Author)
308 Spl.Anti.Ter.A. 17/2019 (D.B.) Sindh High Court, Karachi 2019 CHUTTAL KHAN MAGSI S/O M. HUSSAIN MAGSI (Appellant) VS THE STATE (Respondent) D.B. Judgement 14-DEC-20 Yes Hon'ble Mr. Justice Nazar Akbar, Hon'ble Mr. Justice Zulfiqar Ahmad Khan(Author)
309 Spl.Anti.Ter.A. 318/2019 (D.B.) Sindh High Court, Karachi 2019 ANWAR FAHEEM@ANOO@ZEESHAN S/O FAHEEMULLAH & ANOTHE (Appellant) VS THE STATE (Respondent) D.B. Judgement 23-DEC-20 Yes Hon'ble Mr. Justice Nazar Akbar, Hon'ble Mr. Justice Zulfiqar Ahmad Khan(Author)
310 Spl.Anti.Ter.J.A. 315/2018 (D.B.) Sindh High Court, Karachi 2018 SAAD AZIZ @ TUN TUN S/O AZIZ SHAIKH (Appellant) VS THE STATE (Respondent) D.B. Judgement 17-NOV-20 Yes Hon'ble Mr. Justice Nazar Akbar, Hon'ble Mr. Justice Zulfiqar Ahmad Khan(Author)
311 Spl.Anti.Ter.J.A. 218/2019 (D.B.) Sindh High Court, Karachi 2019 ADIL KAZMI S/O HASHIM KAZMI (Appellant) VS THE STATE (Respondent) D.B. Judgement 26-NOV-20 Yes Hon'ble Mr. Justice Nazar Akbar, Hon'ble Mr. Justice Zulfiqar Ahmad Khan(Author)