Browse through our most recent case law additions
| Citation(s) | Details | Summary |
|---|---|---|
| 2004 SLD 1275, 2004 SCMR 1726 | Civil Petition for Leave to Appeal No. 1973/L of 1 , decided on 10.07.2002 | In the case of Taj Din vs. Taj Din, the Supreme Court of Pakistan dealt with a dispute over ownership of land, where the petitioner contended illegal alienation through a gift deed. The court examined evidence from both parties, including oral testimonies and documentary proof. The trial court's findings were upheld by the appellate court, leading to the petitioners' appeal being dismissed. The case emphasizes the importance of credible evidence in property disputes and the courts' reluctance to overturn concurrent findings of fact. This case is significant for legal practitioners dealing with land ownership issues and property rights under the Specific Relief Act and the Constitution of Pakistan.... |
| 1989 SLD 1929, 1989 SCMR 1801 | Civil Petition for Leave to Appeal No.93-P of 1989 , decided on 14.05.1989 | In the case of Rehmatullah through Legal Heirs vs. Haji Muhammad Akram, the Supreme Court of Pakistan addressed critical issues related to land possession and the applicability of res judicata under the Civil Procedure Code. The case originated from a previous suit where the respondents claimed possession of land that the petitioner had allegedly occupied illegally. The High Court's decision to favor the respondents was challenged by the petitioner, who argued that the suit was time-barred and should be dismissed based on prior judgments. The Supreme Court found merit in the petitioner's arguments, indicating that the legal principles concerning the execution of decrees and the time limitations needed thorough examination. This ruling emphasizes the importance of procedural adherence in civil matters and reaffirms the court's role in ensuring justice in legal disputes. Keywords such as 'land possession', 'res judicata', 'Civil Procedure Code', and 'Supreme Court of Pakistan' are crucia... |
| 1979 SLD 451, 1979 SCMR 20 | Civil Petition for Special Leave to Appeal No. 396 , decided on 17.04.1978 | This case revolves around a civil petition for special leave to appeal concerning the rejection of the petitioner's application to be made a party to an appeal. The Supreme Court of Pakistan upheld the decision of the Lahore High Court, which had dismissed the petitioner's claim based on his alleged possession of the land in question. The ruling clarifies the legal framework under the Civil Procedure Code regarding the addition of parties in civil suits and highlights the appellate court's authority to resolve disputes effectively even without the inclusion of certain parties. This case is significant in understanding the procedural nuances of civil appeals and the rights of parties claiming possession in litigation. Keywords include civil procedure, appellate court, legal rights, possession claims, and procedural law, which are trending topics for legal professionals and scholars.... |
| 1993 SLD 774 = 1993 CLC 1675 | In a significant ruling by the Sindh High Court, the case centered around the interpretation of the Pakistan Medical and Dental Council Regulations, specifically Regulation 4(1), Note (ii). The court addressed the eligibility of medical students who failed to clear their First Professional M.B.B.S. Examination within the allotted four chances. The court found that if a student could prove that their failure to avail themselves of these chances was due to unavoidable circumstances, such as serious illness, they should not be disqualified from further medical education. This ruling is crucial as it highlights the importance of considering individual circumstances in educational regulations, ensuring that penal provisions do not unjustly affect students. The court's decision allows for an additional examination opportunity for the petitioners, demonstrating a commitment to fairness and justice in educational settings. This case underscores the need for educational institutions to recogniz... | |
| 1999 SLD 1238, 1999 PLD 372 | Constitutional Petitions Nos. D-159 to 163, 156 to , decided on 03.06.1999 | This case revolves around the constitutional challenge against the Sindh Irrigation (Amendment) Ordinance (VII of 1999) that annulled previously granted irrigation rights to landowners. The Sindh High Court examined the legality of the ordinance, focusing on the powers of the Governor to legislate in emergencies and the protection of property rights under the Constitution of Pakistan. The court found that the ordinance violated principles of natural justice and failed to provide a reasonable basis for the classification of affected individuals. This case underscores the delicate balance between legislative power and individual rights, emphasizing the importance of due process in governance.... |
| 2015 SLD 3145, 2015 MLD 1714 | Writ Petition No. 2084 of 2015 , decided on 24.06.2015 | This case revolves around the cancellation of visas for three foreign missionary workers by the Ministry of Interior of Pakistan. The Roman Catholic Diocese of Islamabad/Rawalpindi filed a petition challenging this cancellation, asserting that it was done without justification. The court examined the legal framework surrounding the issuance and cancellation of visas under the Foreigners Act and the Constitution of Pakistan. It concluded that the visas were a concession rather than a right, meaning the petitioners could not claim enforceability through a constitutional petition. The ruling emphasized the government's authority to manage foreign entries and the necessity for the petitioners to demonstrate a direct grievance to establish standing. This case highlights the complexities of immigration law in Pakistan and the balance of state powers in regulating foreign presence within its territory. Key topics include visa regulations, constitutional rights, and the powers of the state ver... |
| 1994 SLD 739, 1994 SCMR 1116 | Civil Petition for Leave to Appeal No. 762-L of 19 , decided on 21.11.1993 | This case involves the interpretation of the Specific Relief Act and the Constitution of Pakistan regarding a petition for leave to appeal against a High Court decision related to a suit for specific performance of an agreement to sell. The Supreme Court of Pakistan analyzed the evidence presented and determined that the High Court's findings were well-supported. The core issue revolved around the validity of an agreement to sell land, dated November 12, 1971, and whether the execution was genuine. The trial court's dismissal of the suit was upheld due to the lack of convincing evidence, and the Supreme Court emphasized the importance of proper evidence analysis in appellate proceedings. This case highlights the significance of legal documentation and the role of courts in ensuring that agreements are substantiated by credible evidence.... |
| 1989 SLD 2398, 1989 PLC 754 | MN-392 of 1988 , decided on 31.08.1988 | This case revolves around an industrial dispute involving the confirmation of a railway employee who was officiating in a post on an ad hoc basis. The employee argued for his right to confirmation and seniority. However, the court found that there was no selection made for the position he held, and thus he had no right to confirmation. The ruling emphasized the importance of formal selection processes in employment and the distinction between ad hoc appointments and regular promotions. This case underscores the legal principles surrounding employment rights and selection criteria within public sector jobs, particularly in the context of labour law. The decision reinforces the necessity for employees to pursue formal selection avenues to secure their positions, particularly in environments with recruitment bans.... |
| 2000 SLD 940, 2000 SCMR 1239, 2000 SLD 1352 | Civil Petition No. 84-K of 1999 , decided on 13.07.1999 | In the case of Rehana Jamal vs. Muhammad Asim, the Supreme Court of Pakistan addressed significant issues regarding tenancy rights under the Sindh Rented Premises Ordinance. The case revolved around allegations of default in rent payment by the tenant, Muhammad Asim, and the landlady's claims of bona fide personal need for the property. The court's decision emphasized the importance of transparency in property ownership and the legal obligations of tenants to respond to eviction notices promptly. The landlady's failure to disclose her ownership of other properties led to skepticism regarding her claims, ultimately impacting the court's ruling. This case illustrates the complexities of landlord-tenant law in Pakistan and underscores the necessity for both parties to present truthful information in legal proceedings. Keywords such as 'landlord rights', 'tenant obligations', 'eviction process', and 'bona fide need' are essential for understanding the implications of this ruling.... |
| 2021 SLD 1973, 2021 PLJ 1217 | Crl. Misc. No. 90-B of 2021 , decided on 18.02.2021 | In the case of Naseem Bibi vs. Gull Faraz and Another, the Islamabad High Court dealt with a sensitive matter involving allegations of murder against a pregnant woman. The petitioner, Naseem Bibi, was accused of murdering her minor son, with the prosecution arguing that she had subjected the child to physical torture leading to his death. However, the court found significant factors in favor of granting bail, particularly the petitioner's advanced pregnancy and the lack of substantial evidence linking her to the crime. The court referenced the principles laid out by Islamic teachings regarding the treatment of pregnant women and the rights of children, emphasizing that the welfare of the child should be prioritized. The decision highlighted the need for a careful approach in cases involving serious allegations, ensuring that the rights of the accused are protected while balancing the interests of justice. The court's ruling is a reminder that every individual has the right to a fair tr... |
| 2022 SLD 1199, (2022) 126 TAX 502 | Suit No. 298 of 2020 , decided on 18.04.2022 | In the landmark case of M/S. Dald Foods Ltd. vs. Federation of Pakistan, the Sindh High Court addressed critical issues surrounding the Federal Excise Act, 2005, and Sales Tax Act, 1990. The case focused on the validity of a notice issued by the Commissioner Inland Revenue, selecting the plaintiff for an audit without providing any reasons. The court determined that such actions contravene established legal principles requiring transparency and accountability in administrative decisions. Citing precedents, the court ruled the notice unlawful, reinforcing the necessity for authorities to provide justifications for their actions. This decision is pivotal in upholding taxpayer rights and ensuring compliance with legal standards in administrative audits. The implications of this ruling resonate with businesses, legal practitioners, and policymakers, emphasizing the importance of due process in tax administration. Keywords include audit selection, Federal Excise Act, Sales Tax Act, taxpayer... |
| 1977 SLD 1492, 1977 PLC 8 | Appeals Nos. 4-A of 1973, 45 of 1974 and 3 of 1975 , decided on 03.11.1975 | The case revolves around the illegal termination of services of three teachers, who were accused of vague allegations of subversive and anti-social activities without any inquiry or proper notice. The Service Tribunal in Sindh ruled in favor of the appellants, emphasizing the need for a fair hearing and adherence to the legal provisions outlined in the Sind Civil Servants (Efficiency and Discipline) Rules, 1973. The decision highlights the importance of due process in civil service disciplinary actions, ensuring that civil servants are protected against arbitrary dismissal. Keywords include 'Sind Civil Servants', 'disciplinary action', 'due process', 'service termination', and 'education law'.... |
| 1969 SLD 192, 1969 SCMR 471 | Criminal Appeal No. 25 of 1954 , decided on 28.10.1954 | In the Supreme Court of Pakistan case of Shah Nawaz vs The Crown, the appellants challenged their convictions for murder, with Shah Nawaz sentenced to death. The appeal focused on procedural irregularities during the trial and the High Court's decision to remand the case for retrial. The Supreme Court emphasized that the accused's right to produce defense evidence is limited unless the prosecution presents new material. The judgment highlighted the importance of following proper legal procedures, particularly regarding the assessors' roles in the trial. Ultimately, the Court dismissed the appeal, reinforcing the convictions based on evidence presented during the original trial. This case underscores the significance of maintaining procedural integrity in criminal cases and the limitations on defendants' rights during retrials. Key terms include criminal appeal, retrial, procedural irregularity, and legal rights of defendants.... |
| 1990 SLD 1759, (1990) 182 ITR 130 | This case before the Bombay High Court involved critical questions regarding depreciation allowances under the Income-tax Act, specifically for roads within factory premises and the treatment of deferred annuity policies for directors. The Tribunal initially ruled that the roads constituted 'plant' eligible for depreciation. This ruling was supported by a precedent case, reinforcing the interpretation of 'building' in tax law. Additionally, the case examined whether payments made for deferred annuity policies on behalf of directors constituted salary or commission. The court ultimately ruled in favor of the assessee, clarifying that such provisions did not represent immediate benefits to the directors, thus exempting them from certain tax liabilities. The decision has implications for corporate tax structuring and compliance, making it a pivotal reference for similar cases in the future. The analysis of tax law and corporate finance practices within this case highlights the ongoing evo... | |
| 1975 SLD 604, (1975) 99 ITR 419 | TAX CASE Nos. 277 AND 280 OF 1967 , decided on 31.07.1973 | This case before the Madras High Court addressed the inclusion of income-tax paid by an employer in the computation of salary for the purpose of assessing rent-free residential accommodation. The court clarified that the term 'salary' under section 17 of the Income-tax Act, 1961, encompasses all forms of compensation, including taxes paid on behalf of the employee. The ruling highlighted that such payments should not be viewed as separate from the salary package but rather as integral components that affect the overall taxable income. Legal precedents cited in the judgment, including cases from both domestic and international jurisdictions, supported the view that employer-paid taxes contribute to the overall remuneration. The decision is significant for tax professionals and employees alike, as it clarifies previously ambiguous interpretations of salary definitions in tax law, ensuring that employees are fully aware of the implications of their compensation structures.... |
| 2013 SLD 2131, 2013 CLD 1472 | Writ Petition No.5864 of 2013 , decided on 29.04.2013 | This case involves a writ petition filed by the Bank of Punjab against the unconditional leave granted to International Ceramics Ltd. by the Banking Court to defend a suit for recovery of a bank loan. The Lahore High Court, presided over by Justices Ayesha A. Malik and Abid Aziz Sheikh, ruled that the constitutional petition was not maintainable as there was no blatant illegality demonstrated in the Banking Court's order. The Court emphasized that the granting of leave does not prejudice the rights of the petitioner and simply provides the respondent an opportunity to present their defense. The decision is significant in understanding the scope of judicial review in financial recovery cases and the limitations imposed by the Financial Institutions (Recovery of Finances) Ordinance, 2001. The ruling highlights the necessity for banks to substantiate their claims with adequate evidence, reinforcing the principle that a mere allegation does not suffice for a decree. The case cites several ... |
| 2006 SLD 3155, (2006) 286 ITR 77 | ... | |
| 1989 SLD 1191, 1989 PLC 267 | LHR-219 of 1987 , decided on 04.08.1987 | This case, decided by the Labour Appellate Tribunal, Punjab, revolved around the issue of promotion and reversion under the Industrial Relations Ordinance (XXIII of 1969). The respondent, Muhammad Sham, was promoted to Ticket Examiner but was later reverted due to an alleged violation of a government-imposed ban on promotions. The court found that the ban was not uniformly enforced, thus undermining its legal validity. The decision underscores the importance of fair treatment of employees and the obligations of employers to adhere to their own policies. This case is significant for understanding employee rights and the legal implications of promotion and reversion in the context of labor law. Keywords include 'Industrial Relations Ordinance', 'employee rights', 'promotion and reversion', and 'Labour Appellate Tribunal'.... |
| 1959 SLD 400, 1959 PLD 347 | Criminal Appeal No. 9-D of 1958 , decided on 05.05.1959 | In the case of HARI BALLAV SHAHA ROY vs. GOPI BALLAV SHAHA AND GOVERNMENT OF EAST PAKISTAN, the Supreme Court of Pakistan dealt with the appeal regarding a commitment order made by a Magistrate under the Criminal Procedure Code. The case revolved around the critical evaluation of evidence in preliminary enquiries and the responsibilities of the Magistrate versus the Sessions Court. The court underscored that a Magistrate must determine only if there are sufficient grounds for trial without delving into the guilt of the accused. This ruling reinforces the principle that the preliminary enquiry serves as a gatekeeping function to filter out baseless charges, ensuring that only cases with credible evidence proceed to trial. The court's decision aligns with existing legal standards and is crucial for legal practitioners in understanding the limits of a Magistrate's authority, particularly in relation to evidence assessment. By maintaining a clear distinction between the roles of the Magist... |