O R D E R S H E E T
IN THE HIGH COURT OF SINDH AT KARACHI
SMA No.247/2008
ORDER WITH THE SIGNATURE OF THE JUDGE
03-04-2009:
Mr. Naseem Akhter, Advocate for the Petitioner along with Petitioner.
- - - - - - -
By this applicant the petitioner has prayed for exemption from furnishing surety.
Learned counsel for the petitioner submits that inspite of efforts petitioner could not arrange the surety and states that since there is no dispute between the legal heirs therefore, the letter of administration may be issued without furnishing surety.
From the perusal of record it appears that the order for issuance of letter of administration was passed on 26.01.2009. There are number of properties for which the letter of administration has been sought out of which in the property situated in PECH Society the deceased has 50%. The letter of administration cannot be issued without furnishing surety. The petitioner is required to submit the documents of the property in question as surety. Regarding property situated in the PECH Society the petitioner submit the certified copies of the documents and the Nazir on accepting the surety shall inform the PECH Society regarding furnishing of surety in respect of 50% share of the deceased. The Nazir will accept the documents of property in question as surety if there is no other legal impediment.
In view of the above, the application is disposed of in the above terms.
J U D G E
O R D E R S H E E T
IN THE HIGH COURT OF SINDH AT KARACHI
SMA No.39/2009
ORDER WITH THE SIGNATURE OF THE JUDGE
1. For orders on CMA No.372/09
2. For hearing of main application.
03-04-2009:
Mr. Abdur Rehman, Advocate for the petitioner along with petitioner and witnesses.
- - - - - - -
This application has been filed for grant of Letter of Administration in respect of immoveable property left by Turhanullah Khan expired on 07.03.2002 survived by mother Mst.Najda, brother Fahadullah and sister Shamineh Khan.
The witnesses were examined in Court who have confirmed the contents of the petition and state that there is no other legal heir of the deceased except mentioned in the petition. Further appearance of the witnesses is exempted.
Mr. Abdur Rehman, states that the sister Shamineh Khan is out of country and requests for some time to produce Power of Attorney.
Adjourned to 10.04.2009.
J U D G E
O R D E R S H E E T
IN THE HIGH COURT OF SINDH AT KARACHI
SMA No.42/2009
ORDER WITH THE SIGNATURE OF THE JUDGE
03-04-2009:
Mr. Abdur Rehman, Advocate for the petitioner along with petitioner and witnesses.
- - - - - - -
This application has been filed for grant of Letter of Administration in respect of immoveable property left by Najda Rashidullah Khan expired on 22.05.2008 survived by son Fahadullah Khan, daughter Shamineh Khan and mother Nusrat Osman Ali.
The witnesses were examined in Court who have confirmed the contents of the petition and state that there is no other legal heir of the deceased except mentioned in the petition. Further appearance of the witnesses is exempted.
Mr. Abdur Rehman, states that one of the legal heir who is the mother of the deceased is an old lady and requests for appointment of some Commissioner to visit her residence and to verify the contents of the petition and affidavit filed by the petitioner.
Mr. Anwar Ali, Assistant Registrar (D-II) is appointed as Commissioner to visit the residence of Nusrat Usman Ali along with her affidavit filed in this matter for confirmation of the signature on the said affidavit as well as for confirmation of the contents of the petition. His fee will be Rs.5000/- to be paid by the petitioner. Report be submitted
Adjourned to 10.04.2009.
J U D G E
O R D E R S H E E T
IN THE HIGH COURT OF SINDH AT KARACHI
M.A. No.89/2009
ORDER WITH THE SIGNATURE OF THE JUDGE
For Katcha Peshi.
03-04-2009:
Mr. Dildar M.S. Shaikh, Advocates for the Appellant.
- - - - - - -
Notice issued to the Respondent No.1 returned unserved.
Repeat notice through Bailiff as well as Regd. Post and Courier Service.
In this matter the appellant has arrayed the Court as a party who has passed the impugned judgment to the proceeding. The pleading before the Court in which the Court has party to the pleading is not warranted under the law. Therefore, the Court be deleted in array of the party.
Adjourned to a date in office.
J U D G E
O R D E R S H E E T
IN THE HIGH COURT OF SINDH AT KARACHI
Crl. Misc. Application No.14/2009
ORDER WITH THE SIGNATURE OF THE JUDGE
03-04-2009:
Mr. Ghulam Akber Khan Jatoi, Advocates for the Applicant.
Mr. Paryaram M. Waswami, Advocate for the private respondent along with respondent.
Mr. Muhammad Iqbal Kalhoro, Addl. Prosecutor General.
-------------------
Learned counsel for the applicant states that the learned trial Court has not considered the entire material available on record and has failed to appreciate the same. Learned counsel for the applicant further requests for placing the ballistic report on record.
Learned counsel for the applicant is required to first place the document upon which he relied. Learned Addl. Prosecutor General is also required to place the ballistic report on record.
Adjourned to 24.04.2009.
J U D G E
O R D E R S H E E T
IN THE HIGH COURT OF SINDH AT KARACHI
Crl. Bail Application No.Nil/09
ORDER WITH THE SIGNATURE OF THE JUDGE
For orders as to non-prosecution objection Nos.1 & 2
not complied with since 05.01.2009.
03-04-2009:
None present for the Applicant since morning.
- - - - - - -
The record shows that this bail application was filed on 01.01.2009 and thereafter it was fixed in Court on 26.01.2009 and 02.03.2009 but none was present on behalf of the applicant, which shows the lack of interest of the applicant and his counsel in the matter.
In view of the above, this bail application is dismissed in non-prosecution.
J U D G E
O R D E R S H E E T
IN THE HIGH COURT OF SINDH AT KARACHI
Crl. Bail Application No.157/09
ORDER WITH THE SIGNATURE OF THE JUDGE
For hearing
03-04-2009:
Mr. M. Iqbal Arain, Advocate for the Applicant.
Mr. Muhammad Iqbal Kalhoro, Addl. Prosecutor General.
----------------
After arguing the matter to some extent learned counsel for the applicant submits that the applicant will be satisfied if the trial Court is directed to expeditiously proceeds with this matter and examine the complainant and one of the witnesses in the matter and thereafter the applicant may be given permission to file a fresh bail application.
Learned Addl. Prosecutor General has no objection.
In view of the above, this bail application is disposed of in the above terms with the direction to the trial Court to expeditiously proceed with this matter and positively examine the complainant and one eye witness within a period of three months and compliance be reported to this Court and in case the witness will not examine then the applicant will be at liberty to file a fresh application before the trial Court.
J U D G E
O R D E R S H E E T
IN THE HIGH COURT OF SINDH AT KARACHI
No.224/
ORDER WITH THE SIGNATURE OF THE JUDGE
02-04-2009:
Mr. Liaquat Ali, Advocate for the Applicant.
Mr. Muhammad Iqbal Kalhoro, Addl. Prosecutor General.
Mr. Muhammad Bux Awan, Counsel for the State.
----------------
From the perusal of the judgment of the trial Court it appears that the sub-section under which the appellant was convicted has not been mentioned and that no reasons has been assigned by the trial Court for awarding punishment falsely inspite of holding that the appellant has committed Qatal-e-Amd of Adeeba. Learned counsel for the appellant states that he will cite case law and requests for some time.
Adjourned to a date in office. Office is directed to issue production order of the appellant for the next date.
J U D G E