Browse through our most recent case law additions
| Citation(s) | Details | Summary |
|---|---|---|
| 2024 SLD 2862, 2024 CLC 230 | Writ Petition No.80035 of 2022 , decided on 05.07.2023 | This case revolves around a writ petition filed by Nasira Bibi against the decision of the Special Judge Rent, Lahore. The petitioner challenged the permission granted by the Rent Tribunal to the respondent for producing a voice recording as evidence. The case scrutinizes the application of the Punjab Rented Premises Act, 2009, and the Qanun-e-Shahadat (10 of 1984) with respect to mandatory and directory provisions. The High Court, under the jurisdiction of Justice Sultan Tanvir Ahmad, emphasized the principles of fairness and equity, highlighting the necessity for strict compliance with the Act's provisions. The court determined that the respondent's failure to append the voice recording with the initial ejectment petition and the absence of sufficient justification for its late submission rendered the Tribunal's permission unjustified. Consequently, the High Court set aside the order, reinforcing the importance of procedural adherence in eviction proceedings. Keywords like 'Punjab Re... |
| 2004 SLD 3867, 2004 PLJ 279 | Criminal Appeal No. 587 of 1998 , decided on 08.12.2003 | In the case of Haji alias Zafar versus the State, the Lahore High Court dealt with a severe instance of domestic violence culminating in murder. The appellant, Haji alias Zafar, was convicted for killing his wife, Mst. Nawab Bibi, under Section 302 of the Pakistan Penal Code, 1860. The incident occurred on May 12, 1996, when Haji alias Zafar, armed with a 7-MM rifle, shot his wife twice, resulting in her immediate death. The motive was rooted in familial disputes and unresolved marital issues, as Nawab Bibi was pressured not to live with the appellant despite being married to him. Eyewitnesses, including the victim's mother and brother, provided consistent testimonies that corroborated the prosecution's case. Medical evidence further supported these claims, showing the injuries inflicted were consistent with gunshot wounds. Despite the defense's argument that the witnesses were biased due to their relationship with the deceased, the court found them to be credible. The court dismissed ... |
| 1987 SLD 3096, 1987 165 ITR 119 | , decided on 27.10.1984 | In this landmark case, the Delhi High Court dealt with the legal intricacies of the Code of Criminal Procedure, 1973, particularly focusing on Sections 362 and 482. The case involved the Income-tax Department filing a complaint against Mrs. M.T.R. Powar and her late husband under sections 277 and 278 of the Income-tax Act, 1961. The department's complaint lingered without much progress until 1983 when some documents were finally submitted. The Magistrate discharged Mrs. Powar, which led the department to file a revision petition. However, due to non-appearance, the Sessions Judge dismissed the petition for want of prosecution. The department's attempt to review this decision was initially successful, but the High Court intervened, emphasizing that Section 362 prohibits the court from reviewing its own orders post-dismissal. The court confirmed that the only recourse for the aggrieved party is to appeal to a higher court. This decision underscores the importance of adhering to procedura... |
| 2020 SLD 2243, 2020 PLJ 953 | Crl. Rev. No. 70 of 2019 , decided on 18.06.2019 | In this case, the Quetta High Court reviewed the criminal revision petition involving charges under the Pakistan Penal Code, specifically Sections 34 and 392 related to robbery. The court scrutinized the FIR lodged by the complainant, noting a 24-hour delay in reporting the incident, which raised doubts about the credibility of the prosecution's case. The complainant's contradictory statements regarding the distance to the police station and his identification of the accused were pivotal in undermining the prosecution's case. The court highlighted that the burden of proof lies with the prosecution to establish guilt beyond a reasonable doubt, and in this instance, that burden was not met. The decision reaffirmed essential legal principles regarding the rights of the accused and the need for thorough evidence in criminal proceedings. Keywords include criminal law, Pakistani law, Quetta High Court, acquittal, prosecution burden, FIR delays, and judicial scrutiny.... |
| 2007 SLD 171, 2007 PTD 744, (2007) 95 TAX 327 | I.T.A. No.683 of 1999 , decided on 30.11.2006 | The case revolves around the Income Tax Ordinance, 1979, specifically sections 65(1), 134, and 136. The appellant, Mehmood Ahmad, challenged the validity of a notice issued under section 65, claiming it lacked material particulars regarding whether it was in terms of section 65(1)(a), (b), or (c). This issue was raised before the Tribunal but was dismissed as it was assumed not raised before the Appellate Authority. The High Court found that the Tribunal did not adjudicate on the real matter of controversy, leading to a remand for a fresh decision. Key legal figures include the judges SH. Azmat Saeed and Umar Ata Bandial, and lawyers Shahbaz Butt and Shahid Jamil. The decision emphasizes procedural correctness in tax notices, ensuring taxpayers' rights are not compromised by administrative oversights. The case highlights the importance of clarity in legal notices and the role of appellate bodies in addressing procedural lapses. Keywords such as 'Income Tax Ordinance', 'Tribunal', and '... |
| 1989 SLD 2424, (1989) 177 ITR 124 | In the case heard by the Bombay High Court, involving the Commissioner of Income Tax and Chase Bright Steel Ltd., the primary issue revolved around the allowability of expenditure related to a guest house under the Income-tax Act, 1961. The assessee, Chase Bright Steel Ltd., had rented a flat, half of which was used for the residence of company officers and the other half as a guest house. The company claimed deductions for rent and maintenance expenses under sections 30 and 31 of the Act. However, the Income Tax Officer (ITO) disallowed these claims under section 37(3) due to the absence of a maintained register as required by rule 6C(3). On appeal, the Tribunal sided with the assessee, asserting that the guest house had not been used by directors or employees, thus negating the need for the register. The Bombay High Court upheld this view, confirming that the expenditure was allowable under sections 30 and 31, and not disallowable under section 37(3). This case underscores the interp... | |
| 2010 SLD 2685, 2010 PLD 906 | Civil Petition No. 133 of 2009 , decided on 22.04.2010 | The Supreme Court of Pakistan, in the case Civil Petition No. 133 of 2009, addressed the issue of whether the petitioner, Bashir Ahmed, was the rightful owner of a disputed property. The case involved the interpretation of the terms 'Bashindgan' and 'Malikan of Abadi Deh' and the jurisdictional limits of appellate courts under the Civil Procedure Code. The petitioner sought leave to appeal under Article 185(3) of the Constitution of Pakistan, arguing that the judgments of the lower courts were perverse. However, the Supreme Court found that the judgments were well-reasoned and based on a thorough appraisal of evidence. The court emphasized that a second appeal is more restricted in scope than a first appeal and that the petitioner failed to meet the criteria for granting leave to appeal. The decision highlights the importance of understanding the procedural requirements and jurisdictional boundaries in appellate cases. Keywords: Supreme Court of Pakistan, Civil Procedure Code, Article ... |
| 2015 SLD 2544, 2015 YLR 316 | W.P. No. 2956 of 2014 , decided on 12.03.2014 | In the case titled 'MUHAMMAD AMIN vs JUDGE, FAMILY COURT, SAHIWAL AND 3 OTHERS', heard by the Lahore High Court, the petitioner, Muhammad Amin, sought to challenge an order passed by the Family Court, Sahiwal. The case revolves around a suit for maintenance filed by minors Mst. Abida Kausar and Mst. Sajida Kausar against their father, Riaz Ahmad. The Family Court had decreed that Riaz Ahmad pay maintenance, which he failed to do, leading to execution proceedings. Amin, who stood as surety for Riaz Ahmad, attempted to withdraw his surety bond, claiming he did not expect personal liability. However, the court dismissed his application, emphasizing that both the debtor and surety are liable. The case highlights the discretionary power of Family Courts under the West Pakistan Family Courts Act, 1964, particularly Section 17, which allows courts to bypass traditional civil procedure codes. This decision underscores the legal responsibility of sureties and the procedural flexibility of Famil... |
| 2002 SLD 1096, 2002 SCMR 63 | Criminal Petition for Leave to Appeal No. 117 of 2 , decided on 18.06.2001 | The case involves a criminal petition for leave to appeal filed by Safdar Ali against orders of the Lahore High Court, challenging the rejection of a discharge application by the learned Ilaqa Magistrate. The Supreme Court of Pakistan, comprising Justices SH. RIAZ AHMAD, QAZI MUHAMMAD FAROOQ, and JAVED IQBAL, heard the case. The legal proceedings revolved around the interpretation of sections of the Criminal Procedure Code and the Penal Code, particularly focusing on the Magistrate's authority to take cognizance of an offence despite a negative police report. The court emphasized the Magistrate's power to summon accused individuals placed in Column No.2 of the challan without first recording evidence. The case cites several precedent cases, including Muhammad Sharif v. State and Waqarul Haq v. State, reinforcing the court's decision to restore the Magistrate's order. This decision underscores the court's commitment to ensuring justice by scrutinizing the entire record and adhering to l... |
| 2009 SLD 777, 2009 MLD 337 | Writ Petition No. 4543 of 2008 , decided on 05.09.2008 | This case involves a constitutional petition filed by Liaquat Ali against the Director General of the Anti-Corruption Establishment, Punjab, Lahore, and others. The petitioner challenged the legality of the Director General's order to reopen an investigation that had already been concluded in his favor. Under Rule 19 of the Punjab Anti-Corruption Establishment Rules, 1985, the Governor, Chief Secretary, and Director have the authority to call for the record of any pending investigation. However, in this case, no such order was passed by the Governor or Chief Secretary. The Director General's decision to reopen the investigation conflicted with his previous order approving judicial action against the accused. The Lahore High Court ruled that the Director General had no legal justification to sit in appeal against his own order. The court allowed the petition, declaring the impugned order illegal and without jurisdiction. This judgment emphasizes the importance of adhering to procedural ... |
| 1987 SLD 1052, 1987 PLC 192 | 171(L) of 1986 , decided on 19.10.1986 | In the case of Mushtaq Ahmad vs. Dr. A.K. Qureshi, the Federal Service Tribunal addressed the critical issue of jurisdiction under the Service Tribunals Act of 1973. The appellant, Mushtaq Ahmad, sought to invoke the Tribunal's jurisdiction as an employee of Ittehad Chemicals Ltd. However, the Tribunal clarified that only individuals classified as 'civil servants' could bring forth appeals. The decision hinged on the interpretation of the term 'civil servant' within the context of the law, leading to the conclusion that employees of private corporations do not fall under this definition. The ruling underscored the importance of understanding the jurisdictional boundaries of service tribunals in Pakistan, particularly regarding the employment status of individuals within statutory corporations. This case serves as a pivotal reference for future disputes involving employees in similar positions, highlighting the necessity for legislative clarity on the definitions and rights of civil ser... |
| 1973 SLD 639 = (1973) 91 ITR 238 | TAX CASE Nos. 23 TO 27 OF 1966 WITH TAX CASE Nos. , decided on 05.05.1972 | The Patna High Court case involves the wealth tax assessments of Sri Raghubar Narain Singh, trustee of Rai Bahadur Dalip Narain Singh's Trust Estate. The case focused on whether certain sums due under decrees and compensation payable under the Bihar Land Reforms Act should be included in the net wealth of the assessee. The court examined the applicability of the Wealth-tax Act, 1957, particularly sections concerning the valuation of assets and liabilities. The court addressed the consolidated statements of cases referred by the Income-tax Appellate Tribunal for various assessment years. The Tribunal's decisions regarding the inclusion of debts from multiple entities and the valuation of decrees were scrutinized. The court confirmed some findings, amended others, and provided guidance on properly valuing assets under the Wealth-tax Act. The case highlights the complexities involved in interpreting tax laws and the importance of adhering to statutory provisions. This decision is signific... |
| 2023 SLD 6879, 2023 PLJ 1028 | Crl. A. Nos. 57199, 57200, 57201 & 57203 of 2019 , decided on 22.12.2021 | In a landmark case at the Lahore High Court, the appellants, Muhammad Rizwan, Atif Sharif, Naveed Javed, and Syed Muhammad Mukarram, were acquitted of charges under Sections 365-A of the Pakistan Penal Code and Section 7(e) of the Anti-Terrorism Act, 1997. The prosecution's case, primarily based on the allegations of abduction and extortion involving the complainant's wife and adopted son, fell apart due to the lack of credible evidence and procedural errors. The court criticized the prosecution for delays in reporting the crime and improper reliance on a 164 Cr.P.C. statement without the required cross-examination. The judgment also addressed issues related to the publication of judicial decisions under the Law Reports Act, 1875, emphasizing the need for approval before reporting. The appellants were ordered to be released, and the decision underscored the importance of procedural fairness and the presumption of innocence, resonating with ongoing discussions on judicial reform and leg... |
| 2008 SLD 1333, 2008 PLC 934 | Civil Petition No.957 of 2007 , decided on 18.12.2007 | In the case of Imtiaz Ahmed Lali v. Returning Officer, the Supreme Court of Pakistan addressed issues surrounding the disqualification of candidates for public office due to past misconduct. The petitioner, Imtiaz Ahmed Lali, challenged the rejection of his nomination papers for the Provincial Assembly elections, asserting that his prior dismissal from the police service for wilful absence did not constitute moral turpitude or misconduct as defined under the law. The Court ruled against the petitioner, affirming that such disqualifications are permanent and necessary to uphold the integrity of the electoral process. This decision emphasized the importance of ethical standards in public service and electoral candidacy, aligning with the principles enshrined in the Constitution of Pakistan and relevant electoral laws.... |
| 2016 SLD 652, 2016 PLC 103 | HYD-01 of 2015 , decided on 28.10.2015 | This case involves Messrs THATTA CEMENT COMPANY LTD. and its failure to pay legal dues to workers who opted for separation under the Golden Handshake Scheme. The workers filed applications under Section 15 of the Payment of Wages Act, 1936, which were allowed, directing the company to pay the dues within 30 days. The company filed an appeal after 147 days, which was dismissed by the Labour Court as time-barred. The company argued that the delay was due to the court being vacant, but the Tribunal found this plea misconceived. The Labour Appellate Tribunal upheld the dismissal, noting that neither the employer had shown sufficient cause for the delay nor did the appellate authority have the power to condone it. On the merits, the company did not dispute the dues, and the workers provided sufficient proof of their claims. The decision highlights the strict adherence to procedural timelines in wage disputes and the limited scope for condoning delays under specific statutory provisions. Thi... |
| 2003 SLD 914, 2003 PLC 524 | 136-L of 1998 , decided on 11.11.1998 | In the case of Abdul Khalique vs. The University of Karachi, the Supreme Court of Pakistan dealt with an appeal concerning the selection process by the Selection Board. The petitioner, Abdul Khalique, was selected by the Selection Board for the post of Assistant Controller (Examinations) but was not appointed by the Appointing Authority. The court reaffirmed that mere selection did not confer a right to appointment when not approved by the appointing authority. The petition was dismissed as it was barred by 95 days and lacked a question of law of public importance. The decision emphasizes the importance of approval by the appointing authority and the necessity of timely filing petitions in legal matters. The case highlights procedural aspects and the interpretation of vested rights under the Constitution of Pakistan, 1973. Key participants included advocates Akhlaq Ahmad Siddiqui, K.A. Wahab, and Muhammad Saleem Sammo, with the judgment delivered by Justices Irshad Hasan Khan and Muham... |
| 1978 SLD 579, 113 ITR 363 | WRIT PETITION No. 6868 OF 1975 , decided on 02.12.1977 | The case involves the interpretation of section 264 of the Income-tax Act, 1961, concerning the right of revision in income tax assessments. The petitioner, Chiranjilal Daga, failed to file a tax return for the assessment year 1970-71, claiming no taxable income. The Income-tax Officer completed an ex-parte assessment under section 144, estimating an income of Rs. 40,000. The petitioner appealed to the Appellate Assistant Commissioner, but the appeal was rejected as time-barred. A subsequent appeal to the Tribunal also failed due to the same reason. The petitioner then sought revision under section 264, which was denied by the Commissioner on the grounds of prior appeals. However, the Madras High Court found that an ineffective or incompetent appeal does not bar revision under section 264, citing several precedents. The court ruled in favor of the petitioner, allowing the revision to proceed on its merits. This decision clarifies the applicability of section 264 and underscores the imp... |
| 2011 SLD 102, 2011 TAX 375, 2011 PTD 2252 | I.T.A. No.483/KB of 2011 , decided on 26.05.2011 | This case involves Messrs UNITEX INDUSTRIES (PVT.) LTD. appealing against an order related to the Income Tax Ordinance, 2001. The main issues revolved around the amendment of assessment orders under section 122(5A) and the jurisdiction of the Taxation Officer, who was empowered by the Commissioner to amend these orders. The Appellate Tribunal addressed the apportionment of deductions, export sales, and the computation of income, directing the Taxation Officer to consider specific contentions while recomputing the income. The case also discussed the applicability of the Workers Welfare Fund Ordinance, 1971, leading to the deletion of the levy for the tax year 2007. The decision emphasized the powers of delegation under the Income Tax Ordinance, 2001, and the role of the Additional Commissioner. This case highlights the complexities of tax law and the importance of proper jurisdiction and authority. Keywords: Income Tax Ordinance, 2001, Workers Welfare Fund, Taxation Officer, Appellate T... |
| 1995 SLD 1283, 1995 PLC 492 | Civil Petition for Leave to Appeal No. 835-L of 19 , decided on 20.12.1993 | In this landmark case, the Supreme Court of Pakistan addressed the issue of a civil servant's dismissal and the validity of such an action when the lien is retained by the original department. The respondent, Shaukat Ali Chaudhry, initially served as a Lecturer in the Education Department before being appointed temporarily as an Excise and Taxation Officer. Despite allegations of misconduct leading to his dismissal by the Excise and Taxation Department, the Punjab Service Tribunal set aside this decision, citing that the Education Department retained the lien. The Tribunal's ruling was based on the fact that the Secretary, Education Department, was the only authority competent to dismiss the respondent due to the retained lien. The Supreme Court upheld this decision, refusing the leave to appeal, emphasizing the importance of proper procedural authority in civil service dismissals. This case highlights key issues in civil service law, such as lien retention and departmental jurisdictio... |
| 2004 SLD 1684, 2004 PLC 1225 | Civil Appeals Nos. 1464 to 1466 of 1999 , decided on 23.04.2004 | In this landmark case, the Supreme Court of Pakistan dealt with the issue of direct induction and quota reservation for Army Officers in the service of the Chief Administrator of Surveyor General of Pakistan. The case involved Civil Servants (Appointment, Promotion and Transfer) Rules, 1973, and the Service Tribunals Act. The appellants, including Maj. (Retd.) Tipu Sultan Khan and others, were aggrieved by the Tribunal's decision which allowed Shahzad Hussain's appeal, challenging the induction of Army Officers beyond the reserved quota. The Tribunal found that the 20% quota had not been observed, and directed the Surveyor General to reduce the number of Army Officers and appoint civilian officers as per the recruitment rules. The Supreme Court upheld the Tribunal's decision, emphasizing the proper interpretation of rules and regulations. This case highlights the importance of adhering to established quotas and procedures in civil service appointments, ensuring fairness and transparenc... |
| 1980 SLD 1469, 1980 PLC 558 | Appeal No. 429 of 1979 , decided on 24.02.1980 | The case pertains to an appeal filed by Muhammad Nasrullah Khan, a Lecturer in Grade 18, against the Principal of Government College, Sheikhupura, concerning adverse remarks recorded in his Annual Confidential Reports (ACRs) for the years 1974, 1975, and 1976. The appellant argued that these remarks were communicated in one lot, violating Government Instruction No. 34, and that the reporting officer, Prof. Khalid Masood Qureshi, should have been transferred as per Instruction No. 41. The tribunal found merit in these claims, noting that the adverse remarks were indeed communicated in one lot, denying the appellant a chance to address the issues. Furthermore, the tribunal observed that the same officer had been recording remarks for multiple years, which should have led to a transfer to another reporting officer. The tribunal also inferred ill-will on the part of the reporting officer due to the circumstances. Consequently, the tribunal expunged the adverse remarks and accepted the appe... |
| 2014 SLD 1103, 2014 MLD 158 | Civil Revision Application No. 74 of 2011 , decided on 15.04.2013 | In this Sindh High Court case, Adnan Ali Chohan filed a civil revision application challenging the appellate court's decision, which had set aside the trial court's decree in his favor. The case revolves around the possession of plots initially allocated to original allottees, with Chohan claiming to have purchased these plots. However, the appellate court found that Chohan failed to produce documentary evidence proving the terms and conditions of the sale or the department's liability to transfer possession. The court emphasized that the responsibility to deliver possession lay with the original allottees, not the respondent department. The court also noted the absence of necessary parties in the proceedings, leading to the dismissal of the suit for non-joinder. The Sindh High Court upheld the appellate court's decision, dismissing the revision application. This case highlights the importance of documentary evidence in property disputes and the necessity of including all relevant part... |
| 2023 SLD 835, 2023 PLD 64 | Civil Revision No.170-A of 2021 , decided on 03.10.2022 | This case before the Peshawar High Court involved a civil revision petition filed by Asmat against Sahib Rokhan and others. The central issue revolved around the application of the Limitation Act, 1908, particularly Sections 5 and 29, in conjunction with Section 115 of the Civil Procedure Code (CPC), 1908. The court examined whether the condonation of delay was applicable to the revision petition, which was filed beyond the 90-day limitation period prescribed by Section 115 of the CPC. It was determined that Section 5 of the Limitation Act, which allows for condonation of delay, did not apply because Section 115 of the CPC provides its own specific limitation period. The court emphasized that the law of limitation is strict and inflexible, designed to prevent stale claims and ensure the timely resolution of disputes. The petitioner's failure to adhere to the prescribed limitation period resulted in the dismissal of the revision petition. The decision reinforced the principle that speci... |
| 2022 SLD 1634, 2022 PLJ 744 | W.P. No. 43023 of 2022 , decided on 22.06.2022 | This case involves a dispute over the payment of maintenance allowance under the Family Courts Act, 1964, and the Muslim Family Laws Ordinance, 1961. The petitioner, Muhammad Naveed Akhtar, was ordered to pay maintenance for his minor daughters after a suit was filed by Mst. Ghazala Batool, the respondent. The Family Court initially decreed the suit in favor of the respondent, striking off the petitioner's right to defend due to non-payment of interim maintenance. Despite an appeal being accepted conditionally, the petitioner failed to make the required payments, leading to the dismissal of his defense again. The Lahore High Court reviewed the case and upheld the decisions of the lower courts, emphasizing the petitioner's financial capability and his failure to meet legal obligations. The judgment highlighted the mandatory nature of Section 17-A of the Family Courts Act, which requires defendants to pay interim maintenance to retain their right to defend. The court also referenced seve... |
| 1954 SLD 16 = 1954 PLD 710 | Criminal Appeal No. 659 of 1953 , decided on 14.05.1954 | In the case of Zahid Hussain vs. The Crown, the Lahore High Court examined the circumstances surrounding the murder of Bashir Ahmad, who was fatally stabbed on August 14, 1950. The case was built on circumstantial evidence as there were no eyewitnesses. The prosecution relied heavily on an extra-judicial confession made by the appellant two years after the incident and witness identifications. The court ruled that the confession, despite being retracted, was corroborated by witness identifications and other circumstantial evidence. The court clarified that motive is not a necessary element for conviction, emphasizing that the prosecution's failure to establish motive does not negate the guilt of the accused. Ultimately, the court upheld the conviction, affirming the legal principles regarding the weight of circumstantial evidence and the validity of confessions in criminal cases.... |
| 2016 SLD 431 | ITA No. 149/LB/2012 , decided on 11.04.2016 | In the case of ITA No. 149/LB/2012, the Appellate Tribunal Inland Revenue addressed an appeal filed by the CIR against the order of the CIR(A) regarding the assessment of a taxpayer, a public listed company engaged in textile spinning. The taxpayer had filed an income tax return declaring an income of Rs. 10,738,398, which was deemed erroneous by the department, leading to an amended assessment of Rs. 11,148,857. The CIR(A) provided relief by deleting certain additions made by the Additional Commissioner. The Tribunal upheld the CIR(A)'s decision, emphasizing the need for cogent reasoning in assessments. This case highlights the importance of proper documentation and justification in tax assessments, reinforcing taxpayer rights against arbitrary decisions by tax authorities. Keywords: Income Tax Ordinance, appeal, tax assessment, taxpayer rights, textile industry.... |
| 1991 SLD 1493, 1991 SCMR 2011 | Civil Petition No.12-Q of 1991 , decided on 06.06.1991 | This case involves a dispute over admission to an engineering college in Khuzdar, Balochistan. The petitioner, Javed Fazal, was initially selected for admission under reserved seats for candidates from Kachhi District. However, this selection was challenged by respondent Javed Iqbal through a constitutional petition, leading to the High Court disqualifying the petitioner. The High Court's decision was based on several grounds: the petitioner received education outside the province without sufficient reason, acquired a local certificate on the last submission date, and missed the initial interview. The Supreme Court intervened, granting leave to appeal and suspending the High Court's judgment. The Supreme Court acknowledged the Selection Committee's acceptance of the petitioner's reasons and noted the extended application submission date. This case underscores the complexities of educational admission processes and the legal challenges that can arise. The Supreme Court's decision highli... |
| 2004 SLD 1308 = 2004 SCMR 1927 | Civil Petitions Nos.860, 976, 993, 994 of 2004, 14 , decided on 04.06.2004 | The case revolves around the legal challenges posed by property owners against the Government of Punjab regarding the property tax assessments under the West Pakistan Urban Immovable Property Tax Act, 1958. The petitioners contended that the tax assessments were based on valuation tables that did not reflect the rental values of their properties, leading to excessive taxation. The Supreme Court's decision to grant leave to appeal opened the door for a thorough examination of the constitutionality of Section 5-A of the Act and the procedures followed by the Excise and Taxation Department in determining property values. This case highlights significant issues related to property taxation, legislative delegation, and the rights of taxpayers under the Constitution of Pakistan, making it a landmark case in tax law. The ruling has implications for future tax assessments and the administration of property tax laws in Punjab.... |
| 2023 SLD 903, 2023 MLD 625 | Criminal Bail Application No. 1453 of 2021 , decided on 06.09.2021 | This case revolves around a criminal bail application filed by Muhammad Ramzan against the State. The Sindh High Court, presided over by Justice Aftab Ahmed Gorar, heard the application on September 6, 2021. The court's decision was based on a thorough analysis of the evidence and legal arguments presented. The ruling emphasizes the importance of upholding the rights of the accused in criminal proceedings. Keywords include 'criminal bail', 'Sindh High Court', and 'justice system'. This case highlights the judicial process involved in bail applications and the balance between state interests and individual rights.... |
| 2018 SLD 391, 2018 PTD 536, 2018 PTCL 381 | S.T.As. Nos. 711/LB and 712/LB of 2016 , decided on 17.02.2017 | In the case of C.I.R. (Legal), R.T.O. vs. M/s Seth Muhammad Tufail & Sons, the Appellate Tribunal Inland Revenue addressed significant issues regarding the Sales Tax Act, 1990, particularly focusing on registration requirements and the issuance of sales tax invoices. The Tribunal determined that a taxpayer must be registered to issue sales tax invoices and that failing to register while being liable to do so leads to unlawful tax imposition. The Tribunal upheld the orders of the appellate authority, emphasizing that the sales tax registration process is crucial for compliance with the law. The ruling serves as a precedent for ensuring that businesses adhere to registration protocols under the Sales Tax Act, reinforcing the importance of compliance in the taxation landscape.... |
| 2002 SLD 431, 2002 PTD 2938, (2003) 87 TAX 88 | Complaint No.552 of 2002 , decided on 18.07.2002 | In the case of Messrs Bristal Flour Mills (Pvt.) Limited vs. Secretary, Revenue Division, the Federal Tax Ombudsman addressed a complaint related to income tax assessments for the years 1999-2000 and 2000-2001. The complainant contended that they had leased out their flour mill but faced challenges regarding the authenticity of the lease arrangement, which the Assessing Officer deemed non-genuine. The Ombudsman emphasized the necessity of verifying the genuineness of the lease agreement by conducting thorough inquiries rather than relying solely on inferences. The decision underscored the importance of due diligence in income tax assessments, particularly regarding leasing arrangements, and recommended that the assessments be set aside to allow for a fair evaluation of the case. This case highlights critical issues in tax law, lease agreements, and the responsibilities of tax authorities in ensuring just assessments.... |
| 2022 SLD 550, 2022 SCMR 448 | Civil Appeals Nos.446 to 454 of 2021 , decided on 28.01.2022 | This case revolves around the promotion and seniority issues faced by civil servants in Pakistan. The Supreme Court addressed the complexities of acting charge appointments, distinguishing them from regular promotions. It emphasized the importance of fitness over mere eligibility for promotions and clarified that previous ad hoc services do not count towards seniority. The ruling reinforced the need for adherence to established laws governing civil service promotions, ensuring that all civil servants are treated fairly and justly. This case reflects ongoing challenges in the civil service regarding promotions, seniority, and the interpretation of laws, highlighting the necessity for clarity and consistency in administrative decisions. Keywords: civil service, promotion, seniority, Supreme Court of Pakistan, acting charge, ad hoc appointments, eligibility, fitness, judicial officers.... |
| 2021 SLD 103, 2021 PLD 76 | High Court Appeal No. 24 of 2018 , decided on 30.09.2020 | In the case of Pakistan State Oil Company Limited vs. Messrs Jawed Pervaiz Enterprises, the Sindh High Court examined the liability of a carriage contractor for the theft of furnace oil during transportation. The dispute arose when the oil company alleged that a significant quantity of oil was pilfered during multiple trips. The Arbitrator initially ruled in favor of the oil company, but the Single Judge modified the award, limiting the contractor's liability to the trip where the theft was confirmed. This case highlights the significance of Standard Operating Procedures (SOPs) in corporate governance and legal compliance, while also underlining the need for fair application of penalties in contractual agreements. The ruling reinforces the necessity for companies to communicate SOPs effectively to contractors and ensure compliance. This case serves as a critical reference for understanding the interplay between contractual obligations and operational guidelines in the oil and gas indus... |
| 1979 SLD 58, (1979) 40 TAX 31 | I.T.A. No. 654(KB) of 1976-77 , decided on 14.01.1978 | In the case of I.T.A. No. 654(KB) of 1976-77, the Appellate Tribunal Inland Revenue addressed the issue of additional tax levied on a public limited company engaged in the manufacture and sale of fertilizers. The tribunal examined whether payments made to a non-resident company for engineering services were subject to income tax. The tribunal found that the payments, totaling Rs. 2,37,877.17, were made strictly on a cost basis and did not involve any profit, thus exempting them from tax under the Income Tax Act, 1922. The tribunal highlighted the absence of evidence from the assessing officer to support the claim that the payments were chargeable to tax. Furthermore, the tribunal underscored the agreement between the Government of Pakistan and the non-resident company, which stipulated that tax would only be charged on payments attributable to services rendered within Pakistan. This case illustrates the importance of proper documentation and evidence in tax assessments and reinforces t... |
| 2000 SLD 255, 2000 PTD 732, (1998) 232 ITR 612 | Writ Petition No 22335(W) of 1997 , decided on 17.11.1997 | In the case of SALBONI HATCHERIES vs UNION OF INDIA, the Calcutta High Court deliberated on a writ petition challenging a demand notice issued by the Assessing Officer under the Indian Income Tax Act, 1961. The petitioners argued that they were entitled to follow specific guidelines issued by the Central Board of Direct Taxes regarding sample scrutiny but were unlawfully assessed under section 143(3) despite having met the necessary conditions for exemption. The court found that the petitioners had an alternative remedy available under the Income Tax Act, which was to appeal to the Appellate Tribunal. As per established legal principles, when an alternative remedy is available, the writ court should refrain from intervening. The court's decision not only highlights the procedural aspects of tax assessments but also underscores the significance of adhering to established guidelines and the legal framework for appeals. This case serves as a reminder for taxpayers to be aware of their rig... |
| 2000 SLD 228, 2000 PTD 608, (1998) 232 ITR 934 | Income-tax Reference No.224 of 1981 , decided on 29.07.1997 | This case revolves around the concept of benami transactions within the framework of the Indian Income Tax Act, 1961. The Allahabad High Court reviewed the case of Vijai Bahadur Singh, who was assessed for income earned through a business ostensibly owned by his wife, Smt. Durgawati Singh. The Income-tax Appellate Tribunal had determined that the business was a benami arrangement, where the real ownership lay with the husband. The court emphasized that the assessment of income from a benami transaction is crucial for tax compliance and highlights the responsibilities of individuals in reporting accurate ownership of businesses for tax purposes. The ruling reinforces the legal principle that the apparent owner may not always be the real owner, especially in cases where the spouse is involved. This case serves as an important precedent for future tax assessments concerning benami properties and transactions, ensuring that the true nature of ownership is recognized for tax liabilities.... |
| 2009 SLD 2476, (2009) 311 ITR 24 | IT APPEAL No. 362 OF 2006 , decided on 31.10.2005 | In the case of IT Appeal No. 362 of 2006, the Punjab and Haryana High Court addressed the issue of depreciation claims under Section 32 of the Income-tax Act, 1961. The case involved Piccadily Agro Industries Ltd., which commenced trial production of sugar in 1996 and subsequently claimed depreciation on its machinery. The Commissioner of Income Tax initially disallowed the claim, arguing that commercial production had not begun. However, the Income-tax Appellate Tribunal overturned this decision, leading to an appeal by the revenue. The High Court upheld the tribunal's ruling, stating that trial production is sufficient to qualify for depreciation claims, provided the machinery was utilized for business purposes. This decision reinforces the interpretation of Section 32, making it clear that actual production does not need to reach commercial levels for depreciation to be applicable. The case highlights the importance of understanding the nuances of tax law related to asset utilizatio... |
| 1986 SLD 2182, 1986 PLC 642 | LHR-61 of 1985 , decided on 18.01.1986 | This case revolves around the issues of employee misconduct and procedural fairness in disciplinary inquiries under the Industrial Relations Ordinance, 1969. The primary focus is on the implications of a defective inquiry process, particularly regarding the lack of cross-examination, which led to a compromised determination of the facts. The Labour Appellate Tribunal's decision emphasizes the necessity for a fresh inquiry to ensure that both parties receive a fair opportunity to contest the allegations. This case highlights the importance of procedural rights in labor disputes and sets a precedent for future cases involving employee misconduct. Trending keywords include 'employee rights', 'disciplinary inquiry', 'industrial relations', and 'fair hearing'.... |
| 2022 SLD 6507 | Diary No. 149609/22 , decided on 11.10.2022 | This case from the Lahore High Court revolves around the interpretation and application of the Electronic Transactions Ordinance, 2002, particularly focusing on Section 12. The petitioner, Akeel Ahmad, challenged the practices of the Punjab Public Service Commission regarding electronic transactions. The court's ruling emphasized the necessity of establishing secure and reliable electronic transaction frameworks to protect the rights of individuals and entities involved. Given the rapid advancement of technology and its intersection with legal processes, this case highlights the judiciary's commitment to ensuring that legal regulations keep pace with technological innovations. The decision serves as a crucial reference point for future cases, ensuring that electronic transactions are properly governed under the law. The involvement of various advocates and legal representatives underscores the complexity of the case, reflecting the diverse perspectives on electronic legal frameworks. K... |
| 2022 SLD 448, 2022 YLR 390 | Civil Revision No. 1330 of 2015 , decided on 07.06.2021 | In the landmark case of Civil Revision No. 1330 of 2015, heard on June 7, 2021, the Lahore High Court delivered a pivotal judgment addressing the intricate provisions of the Punjab Pre-emption Act, 1991. Presided over by Justice CH. Muhammad Masood Jahangir, the case centered on the respondent, MALIK MUHAMMAD ANSAR's attempt to exercise his superior right of pre-emption over a property sale involving the petitioners, GHAZANFAR ALI AND OTHErs. The crux of the dispute lay in the respondent's claim based on being both Shafi Khalit and Shafi Jar, asserting preferential rights due to partial adjacency and ownership interests in adjoining land. The court meticulously analyzed the application of sections 6 and 7 of the Punjab Pre-emption Act, emphasizing the necessity for contiguity and full ownership to establish a valid pre-emptive claim. Key considerations included the respondent's partial share in three khasras adjacent to the pre-emptive property, which the court deemed insufficient for... |
| 2000 SLD 2246, 2000 PLD 246 | Suits Nos. 865 to 868 of 1999 , decided on 28.02.2000 | This case revolves around the recovery of loans by a consortium of banks from Pakland Cement Limited. The plaintiffs claimed that Pakland defaulted on payments for a Term Finance Agreement executed on 20-7-1995. The banks sought to recover amounts due along with liquidated damages. The court ruled that the agreements were not Musharakah agreements but rather Murabahah agreements, emphasizing that the plaintiffs were entitled to the sums claimed. The court highlighted the importance of adhering to the terms of the agreements and the principles of Islamic finance, particularly regarding the prohibition of penalties for late payments. In the end, the court decreed the suits in favor of the banks, illustrating the legal obligations of borrowers under finance agreements and the enforceability of such contracts in the banking sector.... |
| 2001 SLD 2097, 2001 PLC 205 | KAR 267 of 1999 , decided on 31.10.2000 | In the case of Granulars (Pvt.) Limited vs. Muhammad Afzal, the Labour Appellate Tribunal of Sindh addressed critical issues regarding the definition of 'workman' under labor laws, specifically the West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance of 1968. The tribunal's decision highlighted that the status of a workman should be determined by the nature of duties performed, rather than job titles or salary increases. The court determined that Muhammad Afzal, employed as an Accounts Assistant and later as an Import Officer, retained his status as a workman. His termination was deemed illegal due to the absence of a show cause notice and a proper inquiry, which are essential safeguards for employees facing disciplinary actions. This ruling underscores the importance of adhering to legal protocols in employment termination cases and reinforces the rights of workers to fair treatment in workplace disputes. The case serves as a significant reference point for l... |
| 1990 SLD 1572, 1990 PLC 789 | Appeal No. 429/348 of 1983 , decided on 02.12.1987 | This case revolves around the appeal filed by Liaquat Ali, a Civil Judge, challenging the adverse remarks in his Annual Confidential Report (ACR) for the year 1981. The remarks in question included observations that he 'needs watching' regarding integrity and that he 'must take care of his reputation.' The pivotal issue was whether these remarks constituted adverse comments affecting his career progression. The Tribunal, after careful consideration, concluded that the remarks were advisory and not adverse, emphasizing the importance of constructive feedback in the civil service. The decision highlighted the need for employees to understand and act upon guidance provided by their superiors. This case underscores the balance between employee rights and managerial prerogatives in performance evaluations, making it a noteworthy reference for future cases involving administrative reviews and civil service conduct.... |
| 1985 SLD 2267, 1985 PLC 960 | 622/929 of 1984 , decided on 12.05.1985 | In the case of Ch. Muhammad Ayub vs. Secretary to Government QF Punjab, Excise and Taxation Department, the Service Tribunal addressed an appeal under the Punjab Service Tribunals Act regarding adverse remarks made against the appellant. The appellant contested the remarks, stating that they were baseless and did not reflect his actual performance. The Tribunal examined the evidence provided, including comparative figures of seizures and tax recoveries, which indicated that the appellant's performance during his tenure was superior to that of his predecessor. The Tribunal concluded that the remarks were unjustified and ordered their expungement. This case highlights the importance of accurate performance evaluations in public service and the need for due process in recording adverse remarks against officials.... |
| 1956 SLD 119 = (1956) 29 ITR 1013 | This case revolves around the legal status of a partnership formed after the death of a partner, Mataprasad. The court examined the validity of the partnership deed created between his widow, Saraswatibai, and Dwarkaprasad. The critical aspect was whether the partnership could be registered under the Income-tax Act despite the involvement of minors. The court emphasized the importance of the partnership's genuineness, irrespective of the minors' status. The decision underscored that the income-tax authorities cannot adjudicate on family matters concerning the rights of minors against their mother. The ruling reinstates the principle that as long as the partnership deed meets legal requirements, it should be recognized. This case is significant in understanding partnership law, particularly in contexts involving family and inheritance, alongside its implications for taxation. It highlights the balance between tax regulations and familial rights.... | |
| 2020 SLD 290 = 2020 MLD 194 | Criminal Appeal No. 240 of 2018 , decided on 27.02.2019 | In the case of Saleh Khan vs. The State, the Lahore High Court dealt with a criminal appeal concerning the conviction of Saleh Khan for the murder of his wife, Hayat Mina, under Section 302(b) of the Pakistan Penal Code. The incident occurred on March 17, 2017, when Saleh Khan allegedly shot his wife following a dispute. The trial court found him guilty based on eyewitness testimonies and forensic evidence, despite the absence of a clear motive. The High Court emphasized the credibility of the eyewitnesses, who were the victim's parents, and noted that it is rare for relatives to falsely implicate an accused in such grave matters. The court also highlighted the importance of the forensic evidence linking the accused to the crime. The appeal was ultimately dismissed, affirming the trial court's decision and sentence. This case underscores the judicial process in Pakistan regarding serious criminal offenses, the role of eyewitnesses, and the significance of forensic evidence in securing ... |
| 2014 SLD 322, 2014 PLC 1250 | Civil Petition No. 200 of 2013 , decided on 13.08.2013 | In the landmark case of Civil Petition No. 200 of 2013, the Supreme Court of Pakistan addressed the issue of vacancy allocation in the Federal Public Service Commission (FPSC) following a competitive examination. The case arose when two candidates, Amna Afridi and Romana Fazal, contested their allocations to the Information Group. The FPSC initially allocated the group to Afridi based on a merit list that later revealed a mistake regarding Fazal's domicile. The Islamabad High Court ruled in favor of Afridi, allowing her adjustment along with Fazal, increasing the vacancies beyond the set quota. The Supreme Court, however, overturned this decision, asserting that the FPSC's allocation rules must be adhered to and that the creation of additional vacancies was not permissible. This case highlights critical legal principles regarding administrative errors, the concept of vested rights, and the strict adherence to established governmental policies and regulations. Keywords: Federal Public S... |
| 2003 SLD 2621, 2003 CLC 1118 | Civil Revision No.7 of 1996 , decided on 18.02.2003 | In this case, the Peshawar High Court addressed a civil revision regarding the ownership of land under the West Pakistan Land Revenue Act and Specific Relief Act. The petitioners contested the validity of a mutation claiming ownership through pre-emption. The court emphasized the legal principle that an unattested mutation holds no validity in law. The decision underscored the burden of proof lying on the party claiming title through mutation, reinforcing the need for proper documentation and attestation in property claims. This case highlights the importance of adhering to legal procedures in land transactions and the implications of failure to do so, ensuring that property rights are protected under the law. Keywords include land ownership, mutation validity, property law, and legal procedures.... |
| 1996 SLD 262, 1996 PLD 827 | C.P.175-P of 1995 , decided on 21.05.1996 | This case revolves around the legality of the cancellation of a lease deed under the North-West Frontier Province Waqf Properties Ordinance, 1979. The petitioners challenged the order of the trial court which had declared their suit non-maintainable due to jurisdictional issues. The High Court, however, remanded the case, stating that the determination of jurisdiction was contingent upon resolving factual disputes, thus necessitating the filing of written statements and evidence. The Supreme Court upheld this view, reiterating the principle that civil courts can review actions by special tribunals for legality and mala fides, leading to the dismissal of the petition for leave to appeal. This case highlights the intersection of property law and jurisdictional authority within specialized legal frameworks, underscoring the importance of due process in legal proceedings.... |
| 1980 SLD 1383, 1980 PLC 329 | Appeal No. 42 (R) of 1978 | This case revolves around the appeal filed by Aftab Ahmad Mirza against Pakistan National Council of the Arts regarding his reversion from the position of Director to Deputy Secretary. The primary legal framework involved includes the Corporation Employees (Special Powers) Ordinance, 1978, and the Service Tribunals Act, 1973. The Tribunal deliberated on the jurisdictional limits imposed by these laws and previous case law, determining that the appellant's circumstances did not grant him the right to appeal. The decision highlights the importance of understanding the specific provisions that govern employment status and the rights of employees within statutory bodies. Keywords include 'Service Tribunal', 'Corporation Employees Ordinance', 'jurisdiction', 'employment law', and 'statutory bodies'. The ruling emphasizes the legal distinctions that impact an employee's ability to seek redressal in service matters.... |
| 2006 SLD 2551, 2006 SCMR 856 | Criminal Petition No.59-L of 2003 , decided on 13.07.2005 | This case revolves around a criminal petition challenging a Lahore High Court decision that reversed a lower court's dismissal of charges under the Penal Code for murder and attempted murder. The petitioners argued that the High Court acted without considering evidence, leading to a miscarriage of justice. The Supreme Court clarified that it could not adjudicate on the factual basis of the case, which was the domain of the Trial Court. The ruling underscored the importance of a fair hearing and the necessity for the Trial Court to examine all relevant evidence before determining guilt or innocence. Keywords include Supreme Court of Pakistan, Lahore High Court, criminal law, evidence, police encounter, miscarriage of justice, and legal representation in criminal cases.... |
| 2023 SLD 6578 | P.T.R No.173 of 2013 | ... |
| 2003 SLD 3291, (2003) 264 ITR 410 | F.M.A. NO. 255 OF 1993 , decided on 11.07.2003 | This case revolves around the reopening of income tax assessments for the assessment years 1968-69 to 1973-74 concerning the payment of commission to a sole selling agency. The Income Tax Officer (ITO) issued notices under section 148, alleging that the commission payments were not scrutinized properly and constituted an extension of the managing director's own establishment, intended to divert income. The court examined whether the assessee had disclosed all material facts fully and truly. The ruling emphasized the importance of true disclosure in tax assessments and clarified that the mere production of agreements does not suffice. The court also referenced prior judgments to underscore the obligation of the assessee to inform the tax authorities of relevant facts. The decision reinforced the ITO's authority to reopen assessments when new information indicates potential income escaping tax. The case highlights key aspects of tax law and the responsibilities of corporate entities.... |
| 1992 SLD 845 = 1992 CLC 1279 | Writ Petition No. 1837 of 1969 , decided on 16.11.1991 | This case revolves around the Colonization of Government Lands (Punjab) Act and the rights of an allottee under the Well Sinking Scheme. The petitioner, Muhammad, was allotted land which he cultivated and developed over a span of more than 30 years. The Lahore High Court's decision emphasized the importance of fulfilling conditions for ownership rights, including continuous possession and investment in the land. The ruling underscored legal principles surrounding land ownership and the implications of authority actions regarding resumption of land. Keywords: land ownership, legal rights, Lahore High Court, Well Sinking Scheme, government land resumption.... |
| 2024 SLD 81, 2024 PLD 18 | F.A.O. No. 70 of 2022 , decided on 03.10.2023 | In the case of F.A.O. No. 70 of 2022, the Islamabad High Court addressed the appeal of the National Highway Authority (NHA) against an arbitration award favoring Messrs Sardar Muhammad Ashraf D. Baloch (Private) Limited. The appeal arose from the NHA's objections to the Trial Court's decision, which had ruled in favor of the arbitration award made on September 14, 2021. The Court highlighted the significance of legal advice in decision-making, indicating that the NHA's failure to heed such advice led to unnecessary litigation and financial penalties. The Court reaffirmed the principles of the Arbitration Act, 1940, particularly sections 30, 33, and 39, emphasizing the limited grounds on which arbitration awards can be challenged. The ruling serves as a critical reminder for public entities to maintain accountability and adhere to expert legal guidance in their operational decisions, especially in matters involving significant public funds and ongoing liabilities. This case illustrates ... |
| 2024 SLD 4685, 2024 PLJ 534 | C.P.L.As. Nos. 1328 to 1329 and CMA 3554 of 2024 , decided on 06.05.2024 | In a landmark case before the Supreme Court of Pakistan, the allocation of reserved seats for women and non-Muslims was scrutinized. The court underscored the principles of proportional representation as outlined in the Constitution of Pakistan. The Sunni Ittehad Council, having not contested in the general elections, was deemed ineligible for the reserved seats. The court's ruling reinstated the significance of democratic representation in assemblies, ensuring that the electorate's voice is truly reflected. The decision also highlights the court's commitment to fairness and transparency in the electoral process, setting a precedent for future cases involving political representation. This case is vital for understanding the intricate balance between electoral laws and constitutional mandates, reinforcing the imperative that political parties must actively participate in elections to be eligible for representation. Keywords such as 'electoral representation', 'constitutional law', and ... |
| 2020 SLD 2352, 2020 PLC 1156 | C.Ps. Nos. D-228 of 2004, 2157 of 2008, 2576, 2353 , decided on 13.02.2020 | This case revolves around the allegations of manipulation and corruption in the Combined Competitive Examination conducted by the Sindh Public Service Commission (SPSC) in 2003. The petitioners argued that favoritism led to the wrongful selection of candidates, undermining the merit-based system essential for civil service appointments. The Sindh High Court, presided over by Justices Muhammad Ali Mazhar, Abdul Maalik Gaddi, and Muhammad Saleem Shaikh, found significant evidence of tampering with results and irregularities in the examination process. The court highlighted the importance of maintaining integrity and transparency in public appointments, ordering the establishment of an Inquiry Commission to investigate the claims thoroughly. The decision underscores the principles of justice and the necessity of ensuring that civil service positions are awarded based on merit rather than personal connections or favoritism, which could lead to a compromised civil service structure. The cou... |
| 1998 SLD 172, 1998 PTD 1183, (1997) 224 ITR 464 | Income Tax Reference No.42 of 1991 , decided on 23.09.1996 | This case revolves around the reassessment of a charitable trust, Sree Narayana Chandrika Trust, under the Income Tax Act, 1961. The key issue was whether the Income-tax Officer was justified in reopening the assessment for the assessment year 1973-74 due to the non-disclosure of relationships that could affect the trust's exemption status. The court ruled that the trust's partners were closely related to the managing trustees, a fact that was not disclosed in the original assessment. This failure to disclose led to the conclusion that the exemption under sections 11 and 12 was improperly granted, as it violated the provisions of sections 13(1)(c)(ii) and 13(2)(h) of the Income Tax Act. The decision emphasizes the importance of transparency in financial disclosures by charitable entities to ensure compliance with tax laws. Keywords such as 'Income Tax Act', 'charitable trust', 'reassessment', and 'tax exemption' are crucial for understanding the legal implications of this case and its ... |
| 1975 SLD 689, (1975) 100 ITR 433 | MISC. IT REFERENCE No. 394 OF 1966 , decided on 08.04.1971 | In the case of Commissioner of Income Tax v. Raja Mohd. Amir Ahmad Khan, the Allahabad High Court addressed the issue of penalty under Section 271(1)(c) of the Income-tax Act, 1961, relating to concealment of income. The case revolves around the assessment year 1942-43, where the Income-tax Officer (ITO) initiated proceedings concerning a sum of Rs. 9,45,000 credited to the assessee's account. The assessee claimed that this amount was derived from gujara income accumulated by his mother and grandmother. The ITO dismissed this explanation and assessed the amount as income from other sources, leading to a penalty of Rs. 2 lakhs. The Tribunal later ruled that the department failed to substantiate the claim that the amount constituted taxable income, ultimately leading to the deletion of the penalty. This case underscores the necessity for the department to provide robust evidence in penalty proceedings and illustrates that a mere rejection of an explanation does not suffice to infer incom... |
| 1983 SLD 139, 1983 SCMR 823 | Civil Appeal No. 60 of 1979 , decided on 26.06.1983 | This case revolves around the inheritance rights of Mst. Sardara, who claimed shares from the estate of her uterine brother Ajun under Muhammadan Law. The Supreme Court of Pakistan examined the legal provisions related to inheritance for uterine siblings and found that Mst. Sardara was entitled to 1/6th of Ajun's estate rather than 1/2 as previously awarded by the lower courts. The final judgment emphasized the importance of correctly interpreting inheritance laws, particularly in cases involving complex familial relationships. This decision is pivotal for understanding the nuances of inheritance under Islamic law and reinforces the necessity for accurate legal representation in civil appeals. The court's ruling serves as a significant reference for future cases involving similar issues, highlighting the critical role of legal expertise in navigating the intricacies of inheritance disputes.... |
| 1998 SLD 1462, 1998 PLC 815 | Civil Petition No. 21 of 1995 , decided on 26.06.1995 | In the case of Civil Petition No. 21 of 1995, the Supreme Court of Pakistan examined a disciplinary action involving Juma Khan, an Assistant Director at the National Trading Bureau. The petitioner sought leave to appeal after the Federal Service Tribunal upheld a minor penalty of censure against him for alleged misconduct related to the misplacement of a procurement file. The court's ruling underscored the necessity of conducting inquiries in compliance with legal standards, ensuring that civil servants receive fair opportunities to defend themselves. The judgment serves as a crucial reference for similar cases involving administrative justice and the rights of civil servants within the framework of the Constitution of Pakistan (1973). Key legal concepts such as due process, administrative justice, and civil service regulations are central to this case, making it significant for legal practitioners and scholars alike.... |
| 2014 SLD 283, 2014 SCMR 1628 | Criminal Petition No.1003-L of 2012 , decided on 15.01.2013 | This case revolves around the granting of pre-arrest bail to Fayyaz Ahmed, a public servant accused of misconduct related to a Power of Attorney. The Supreme Court of Pakistan examined the allegations thoroughly, emphasizing the lack of concrete evidence against the petitioner and the procedural irregularities in the accusations. The decision highlighted the importance of protecting public servants from unwarranted arrests, especially when they have complied with investigative processes. The Court's ruling underscores the balance between combating corruption and ensuring legal rights, a crucial aspect of criminal law. This case serves as a precedent for similar future cases where public servants face allegations without substantial proof.... |
| 2023 SLD 1527 | J. C. M. No. 06 of 2022 , decided on 22.03.2023 | In the case of J. C. M. No. 06 of 2022, the Sindh High Court evaluated the dispute involving B.R.R. Investment (Private) Limited, BRR Guardian Limited, and B.R.R. Guardian Modaraba against ECP. The court’s decision was rendered on March 22, 2023, highlighting the obligations of the petitioners under the law and the regulatory framework that governs their operations. This case serves as a significant reference point for understanding the interplay between corporate governance and regulatory compliance within the financial sector. The ruling underscores the importance of adhering to established legal standards and the potential consequences of non-compliance. Keywords such as 'corporate governance,' 'regulatory compliance,' and 'financial sector law' are critical in discussing the implications of this case. Legal practitioners and entities involved in similar sectors should take note of this judgment as it may influence future legal interpretations and regulatory practices.... |
| 2023 SLD 925, 2023 MLD 688 | W.P. No. 1120-M of 2018 , decided on 04.07.2022 | This case revolves around the petition filed by LIAQAT ZARIN and others against Mst. NOORUL HARAM and another in the Peshawar High Court. The court, presided over by MUHAMMAD IJAZ KHAN, J, heard the case on July 4, 2022. The petitioners sought interim relief, and the court's decision emphasized the significance of legal recourse in protecting individual rights. The ruling underscores the role of the judiciary in mediating disputes and ensuring compliance with legal standards. This case is pertinent in discussions about judicial interventions and the enforcement of legal rights, making it a vital reference point in contemporary legal discourse. Legal experts may find the implications of this decision relevant in cases involving similar legal principles, reinforcing the importance of thorough legal representation and the role of advocates in the justice system. The case also reflects ongoing trends in judicial interpretations that favor the protection of fundamental rights, establishing ... |
| 1994 SLD 465, 1994 SCMR 449 | Civil Petition for Leave to Appeal No. 193 of 1993 , decided on 20.10.1993 | This case revolves around the issue of an interim injunction related to a civil petition for leave to appeal in the context of the Civil Procedure Code and the Constitution of Pakistan. The Supreme Court addressed the importance of timely notice and the rights of parties involved in property disputes. The ruling highlights the court's authority to prevent the alienation of property during ongoing litigation, ensuring that parties cannot take undue advantage of the situation. The decision reinforces the principles of fairness and due process in the judicial system, emphasizing the need for parties to adhere to legal protocols. Key terms related to civil procedure, injunctions, and constitutional rights are significant in understanding the implications of this ruling in broader legal contexts.... |
| 1984 SLD 745, 1984 SCMR 1032 | Criminal Petition for Special Leave to Appeal No. , decided on 11.12.1983 | This case revolves around a criminal petition for special leave to appeal against an acquittal in a murder case. The Supreme Court of Pakistan emphasized the importance of adhering to procedural timelines, stating that the petition was time-barred by four days. The court reinforced the principle that once acquitted, the respondent gains the right to live free from the charges brought against him. The decision highlighted the rigorous standards required for condoning delays in filing petitions, ensuring that justice is served while maintaining the integrity of the judicial process. The court's ruling illustrates the balance between the rights of the accused and the necessity of timely legal proceedings.... |
| 2021 SLD 1002, 2021 PTD 1042, (2021) 124 TAX 603 | Special Customs Reference Applications Nos. 295 to , decided on 15.02.2021 | In the landmark decision rendered on February 15, 2021, the Sindh High Court adjudicated Special Customs Reference Applications Nos. 295 to 448 and 461 to 532 of 2014, involving THE COLLECTOR OF CUSTOMS and MESSRS DREAM GARMENTS. Central to the case was the interpretation and application of section 196 of the Customs Act, 1969, which governs the limitation period for filing such references. The petitioner, represented by advocates Muhammad Khalil Dogar and Mirza Nadeem Taqi, contended that the applications were filed within the prescribed 90-day period, asserting that the impugned order was received on February 10, 2014. However, the court meticulously examined the timeline, revealing that the applications were lodged on May 3 and May 9, 2014, thereby exceeding the limitation period which had expired on March 30, 2014. The court underscored the principle that government departments, despite their stature, are not exempt from adhering to statutory timelines and cannot seek preferential... |
| 2019 SLD 980, 2019 PLJ 320 | Crl. A. No. 484 of 2017 , decided on 14.01.2019 | In the case of Ahmed Khan @ Ahmed Qais vs. State, the Lahore High Court addressed significant legal issues regarding the burden of proof in narcotics cases under the Control of Narcotics Substances Act, 1997. The court emphasized the principle that the prosecution must establish its case beyond a reasonable doubt. The absence of the key complainant during the trial severely undermined the prosecution's case, as it did not allow for the necessary cross-examination of crucial evidence. The judgment underscored the importance of the right to a fair trial and the presumption of innocence in criminal proceedings. The court's ruling aligns with established legal precedents that prioritize the protection of innocent individuals from wrongful convictions. This case highlights the critical role of procedural integrity in the administration of justice and serves as a reminder of the judicial system's commitment to upholding the rights of the accused.... |
| 2010 SLD 1018 = 2010 PLJ 203 | Crl. Appeal No. 24/I of 2008 , decided on 28.10.2009 | In the pivotal case of Criminal Appeal No. 24/I of 2008, adjudicated by the Federal Shariat Court, the appellant Irfan was convicted under Section 302(b) of the Pakistan Penal Code for the grievous act of murdering the victim by forcibly pouring acid into her mouth. The decision, rendered on October 28, 2009, follows a comprehensive hearing that began on September 10, 2009. The court, presided over by Justices Muhammad Zafar Yasin and Syed Afzal Haider, meticulously reviewed extensive evidence, including testimonies from multiple witnesses and medical reports detailing the severe injuries inflicted upon the victim. Irfan, represented by Advocate Mr. Mushtaq Ahmed Mohal, faced the prosecution led by Deputy Prosecutor General Mr. Arif Karim Chaudhary, who presented compelling evidence of premeditation and malicious intent. The court acknowledged significant lapses in the investigative process, particularly the non-compliance with Section 174-A of the Criminal Procedure Code, which mandat... |
| 1965 SLD 114, 1965 PLD 466 | K-18 of 1965 , decided on 09.03.1965 | In the landmark case of Civil Petition for Special Leave to Appeal No. K-18 of 1965, the Supreme Court of Pakistan deliberated on crucial aspects of Article 58 of the Constitution of Pakistan (1962). The case, cited as 1965 SLD 114 and 1965 PLD 466, addressed whether a letter penned by an Advocate on behalf of the debtor constituted an acknowledgment of liability sufficient to extend the limitation period. Presided over by Chief Justice A. R. Cornelius and Justice B. Z. Kaikaus, the Court examined the procedural nuances of granting leave to appeal, especially in instances where single judges of the High Court are involved in second appeals. Emphasizing the importance of final judgments and the necessity of obtaining proper certification under Letters Patent appeal, the Supreme Court granted leave to appeal while clarifying that this decision should not serve as a legal precedent. This case underscores the intricate balance between procedural correctness and substantive justice within P... |
| 2011 SLD 817, 2011 CLC 1844 | F.A.O. No.87 of 2009 , decided on 19.07.2011 | In the landmark case F.A.O. No.87 of 2009, adjudicated by the Quetta High Court on July 19, 2011, Judge Jamal Khan Mandokhail delivered a decisive judgment favoring the tenant, Mahesh Kumar Chawala, against the landlord, Haji Abdul Karim. The core of the dispute revolved around the West Pakistan Urban Rent Restriction Ordinance (VI of 1959), specifically Section 13(4), which governs the eviction of tenants based on subletting and the landlord's bona fide need for property use. The landlord's application failed to substantiate the necessity of his son occupying the shop, as he did not specify which son was jobless or provide evidence to support this claim. Furthermore, the landlord did not include the alleged sublessee, Nehal Khan, as a party to the case, undermining the validity of the subletting allegation. The court highlighted significant procedural lapses, including the lack of the son's testimony and the absence of the sublessee in the legal proceedings, rendering the eviction ord... |
| 2003 SLD 3268, 2003 PLD 23 | Civil Revision No. 648 of 2000 , decided on 18.10.2002 | This case revolves around a land dispute involving Khasra Nos. 1188 and 1190, where the petitioners contested the ownership and possession claims made by the respondents. The trial court, after thorough examination of evidence and hearing arguments from both parties, appointed a Local Commissioner to assess the land's demarcation. The report from the Local Commissioner was pivotal in the trial court's decision, which was later upheld by the appellate court. The High Court found no grounds for interference, emphasizing the importance of the Local Commission's findings in establishing ownership. This case highlights key legal principles under the Specific Relief Act and the Civil Procedure Code, particularly concerning land demarcation and the evidentiary weight of Local Commission reports. It is essential for legal practitioners to understand the implications of such rulings in land ownership disputes, as they underscore the significance of proper procedural adherence and the role of ev... |
| 1974 SLD 666, (1974) 97 ITR 493 | CIVIL APPEAL No. 1553 OF 1970 , decided on 12.11.1974 | In the landmark case of C. Krishna Prasad v. Commissioner of Income Tax, the Supreme Court of India addressed the intricate issue of whether a single individual could be assessed as a Hindu Undivided Family (HUF) under the Income-tax Act, 1961. The court's ruling was clear: plurality of persons is a fundamental attribute of a family, and thus, an individual alone does not constitute an HUF. This case revolved around the interpretation of Section 4 and Section 2(31) of the Income-tax Act, which define the taxable entities. The appellant, a bachelor, argued that he should be assessed as an HUF based on properties received from a partition of a joint family. However, the court rejected this claim, affirming that the legal distinction between an individual and an HUF must be maintained. The judgment highlights the significance of understanding familial structures in the context of tax law, reinforcing that tax assessments must reflect the actual status of individuals concerning familial re... |
| 2011 SLD 2746 = (2011) 335 ITR 1 | In the case of Sheetal Khurana Foods (P.) Ltd. v. Punjab and Haryana High Court, the court examined whether income from property leasing could be classified as business income under the Income-tax Act, 1961. The core issue was whether the leasing activity was a primary business operation or merely a means to mitigate losses from other business activities. The Tribunal concluded that the main business of the assessee was food manufacturing, and the leasing arrangement was not a temporary or incidental activity but a long-term strategy to earn rental income. This case highlights the critical distinction between business income and rental income, emphasizing the importance of intention in categorizing income sources. The ruling has implications for companies engaged in multiple income-generating activities, particularly in the context of tax assessments. Key considerations include the nature of the business, the duration of leasing agreements, and the overarching business objectives. This... | |
| 1980 SLD 803, (1980) 122 ITR 567 | IT REFERENCE No. 27 OF 1971 | In the case concerning the application of section 271(1)(c) of the Income-tax Act, 1961, the Rajasthan High Court addressed the issue of penalties for concealment of income. The case involved Dr. R.C. Gupta, who admitted to unrecorded profits from his business operations, specifically the sale of imported cycle parts. The Income Tax Officer (ITO) found discrepancies in the reported income, leading to an assessment of additional taxable income and subsequent penalty proceedings. The Tribunal initially ruled in favor of the assessee, stating the department had not sufficiently proved concealment. However, the High Court reversed this decision, emphasizing that the admission of concealed profits by the assessee constituted adequate evidence for imposing penalties under the Income-tax Act. The ruling highlighted the importance of accurate income reporting and the consequences of failing to disclose all sources of income, reinforcing the legal obligations of taxpayers to maintain transparen... |
| 1968 SLD 194, (1968) 68 ITR 849 | No. 52 of 1964 | In the landmark case of Narayanlal P. Lahoti v. Controller of Estate Duty, the Supreme Court delivered a pivotal judgment on the treatment of insurance policies within a Hindu Undivided Family (HUF). The core issue revolved around whether the insurance policies taken out by the deceased, with premiums paid from HUF funds, should be considered part of the joint family estate or the individual's property. Despite the premiums being financed by family funds, the deceased had nominated his wife as the beneficiary, and the policy proceeds were credited to her separate account, not the HUF account. The Court meticulously analyzed the family's conduct at the time of premium payment, determining that the intention was to benefit the deceased individually rather than the entire joint family. This interpretation aligns with prevailing legal standards under the Estate Duty Act, 1953, specifically Section 14, which guides the classification of specific financial instruments within HUFs. The decisi... |
| 1979 SLD 1085, 1979 PLC 513 | KAR-304 of 1979 , decided on 31.07.1979 | In the pivotal case KAR-304 of 1979, adjudicated by the Labour Appellate Tribunal in Sindh, Abdul Qayyum challenged his termination by Messers Cotton Trading Corporation of Pakistan Ltd. under Section 25-A of the Industrial Relations Ordinance (XXIII of 1969). The central issue was whether Qayyum, who served as Assistant Manager and subsequently as Manager-Designate, qualified as a 'workman' eligible for protection under the ordinance. The First Sind Labour Court dismissed his application, determining that his supervisory roles excluded him from the ordinance's protections. This decision was upheld by the Labour Appellate Tribunal, which emphasized that Qayyum's responsibilities and salary positioned him outside the definition of a workman. Furthermore, his termination during an extended probation period was deemed compliant with his appointment terms. This case highlights the critical distinctions in labor law between managerial and non-managerial roles, underscoring the limitations o... |
| 2010 SLD 2769, (2010) 325 ITR 281 | In the landmark case of Mangla Homes (P.) Ltd. v. Income Tax Officer, the Bombay High Court deliberated on the classification of rental income under the Income Tax Act, 1961. Mangla Homes, a company primarily engaged in the business of dealing with and investing in properties, including flats, warehouses, and commercial spaces, faced financial constraints during a market recession. Unable to sell certain flats intended for trading, the company opted to lease them temporarily, earning income through license fees. While Mangla Homes categorized this rental income as business income, the revenue authorities disputed this classification, asserting it as income from house property as per Section 22 of the Income Tax Act. The Court meticulously analyzed the nature of the income, referencing the Supreme Court's decision in East India Housing & Land Development Trust Ltd. v. CIT, which delineated income sources under the Income Tax Act. The Court concluded that the rental income derived from ... | |
| 1993 SLD 1735, 1993 PLC 1659 | Service Appeal No. 474 of 1990 , decided on 31.12.1992 | This case revolves around the seniority dispute between Syed Aftab Hussain Shah Gardaizi and several Naib-Tehsildars within the Azad Jammu and Kashmir Revenue Department. The appellant challenged the Secretary's order that altered his seniority position without due process. The Tribunal emphasized adherence to established service rules and the necessity of notifications regarding administrative decisions. The ruling reinstated the appellant's rightful position in the seniority list based on his earlier appointment date, reinforcing principles of fairness and due process in civil service rankings. This case is essential for understanding administrative law and employee rights within government services in Azad Jammu and Kashmir, highlighting the necessity for clear communication and adherence to established protocols in service matters.... |
| 2000 SLD 1716, 2000 PLC 62 | Miscellaneous Appeal Nos. 13 and 14 of 1999, 45 of | This case revolves around the interpretation of the Provincial Employees' Social Security Ordinance, specifically concerning contributions towards social security by employers. The core issue was whether contributions were payable for employees whose wages had increased beyond Rs.1,500 after a specified date. The court examined the definitions within the Ordinance and the implications of amendments made in 1993, ruling that employers are not liable for contributions on wages exceeding the stipulated limit prior to the amendment date. This decision underscores the importance of legislative clarity and the proper construction of statutory language, reinforcing the protective intent of social security laws for employees while balancing the obligations of employers. Key legal principles of statutory interpretation were also discussed, emphasizing that provisions must be understood in their plain grammatical meaning unless ambiguity necessitates a more liberal interpretation. The case is si... |
| 1990 SLD 925, 1990 SCMR 1105 | 1-R of 1990 | In the landmark legal case "Muhammad Nawaz vs The State," adjudicated by the Supreme Court of Pakistan, a significant appeal was filed regarding a conviction under Section 304-1 of the Penal Code (XLV of 1860). The case citation includes 1990 SLD 925 and 1990 SCMR 1105, indicating its relevance and precedence in Pakistani jurisprudence. The decision date for this petition was February 18, 1990. Muhammad Nawaz sought leave to appeal against the Lahore High Court, Rawalpindi Bench's decision dated November 14, 1989. The High Court had dismissed his appeal, maintaining his conviction and sentence imposed by the learned Sessions Judge in Chakwal. The petitioner was initially convicted under Section 304-1 P.P.C., which pertains to culpable homicide not amounting to murder, with a sentence of ten years' rigorous imprisonment along with a fine. The core of the petition revolved around whether the assault committed by Nawaz could be classified as being under grave and sudden provocation, as ... |
| 1989 SLD 1506, 1989 PLC 705 | DGK-269 of 1988/Pb. , decided on 21.06.1988 | In the landmark case DGK-269 of 1988/Pb., adjudicated by the Labour Appellate Tribunal in Punjab, the appellant BASHIR AHMAD successfully challenged his dismissal from PUNJAB PROVINCIAL Co-OPERATIVE Bank Ltd. The core issue revolved around the improper handling of his grievance petition under the Industrial Relations Ordinance (XXLII of 1969), specifically sections 25-A and 38(3). The Tribunal highlighted significant procedural lapses, including the rejection of Ahmad's leave applications without proper record-keeping and the failure to allow him to cross-examine prosecution witnesses or present his defense adequately. The absence of a valid dispatch receipt for the rejection letter compounded the case against the employer. Represented by lawyer Habibullah Khan, Ahmad argued that the inquiry was biased and lacked fairness, a stance upheld by the Tribunal. In contrast, the respondent, represented by Mian Nisar Saleem, failed to substantiate the grounds for dismissal effectively. The Tri... |
| 1994 SLD 166, 1994 PTD 1303, (1994) 206 ITR 443 | Civil Appeals Nos. 2841 to 2844 of 1993 , decided on 11.01.1994 | In the landmark case of *COMMISSIONER OF INCOME TAX Vs. EXPRESS NEWSPAPERS LTD*, the Supreme Court of India addressed the complexities surrounding the Income Tax Act, 1961, particularly in relation to the provisions for settlement under Chapter XIX-A. The court scrutinized the application made by the respondent for settlement, which was deemed unmaintainable due to failure to disclose previously undisclosed income. The ruling highlighted the necessity for full transparency in such applications and reinforced the authority of the income tax authorities to investigate and gather evidence even after an application for settlement is filed. This case emphasizes the importance of adherence to legal requirements in the settlement process and serves as a critical precedent for future tax-related disputes, particularly those involving allegations of concealment and fraud. It brings to light the procedural safeguards embedded in the Income Tax Act, ensuring that the settlement process is not mis... |
| 1997 SLD 485, 1997 PLD 614 | Criminal Miscellaneous No. 61/T of 1997 , decided on 09.06.1997 | This case involves a petition for the transfer of a criminal case pending against Muhammad Ashraf Gondal in the Lahore High Court. The petitioner expressed concerns about the impartiality of the trial court due to a recent incident involving firing directed at the court. However, the court found that the petitioner did not demonstrate a reasonable apprehension that justice would not be served. The decision emphasized the importance of the trial court's ability to conduct a fair trial, regardless of external incidents. The legal standards for transferring a case were discussed, referencing previous case law to support the court's decision. The ruling reinforces the principle that mere allegations or incidents do not suffice to warrant a change of venue in criminal proceedings.... |
| 2023 SLD 6884, 2023 PLJ 21 | W.P. No. 1412 of 2020 , decided on 21.09.2022 | In the Landmark Case W.P. No. 1412 of 2020, adjudicated by the Islamabad High Court on September 21, 2022, the petitioner Mrs. Rubina Amjad filed a writ petition challenging the decree of suit No.154/2016, which had been decreed in favor of Javaid Shafique Saddiqui. The case, also cited as 2023 SLD 6884 and 2023 PLJ 21, revolved around the inheritance and partition of property shares among the legal heirs of Mrs. Saeeda Shafique. The crux of the dispute was the alleged oral and documented gift of 1/3rd share in Property No.1 to Javaid Shafique Saddiqui, formalized through a memorandum of gift dated December 14, 2010. Rubina Amjad contested the authenticity of this memorandum, asserting it was fabricated and void under the Specific Relief Act of 1877, section 42, and the Civil Procedure Code, section 12(2). The resolution of the case was heavily influenced by the Settlement Agreement dated September 20, 2016, wherein Rubina agreed to withdraw her initial suit in exchange for a settlemen... |
| 1987 SLD 1619, 1987 SCMR 812 | , decided on 10.03.1987 | The Supreme Court of Pakistan adjudicated a significant case on March 10, 1987, involving petitioners Aslam Riaz Hussain and Saad Saood against the respondent, Muhammad Khan. The case centered around the petitioners' attempt to seek pre-emption rights through a Civil Petition for Special Leave to Appeal No. 838 of 1981. Initially, the Lahore High Court had rejected their plaint due to deficiencies in court fees, despite giving them multiple opportunities to address these issues. Undeterred, the petitioners appealed to the District Judge, who overturned the rejection and remanded the case back to the trial court for further proceedings. However, during the appellate process, Muhammad Khan, the respondent, passed away. His legal representatives were subsequently brought onto the record, and the High Court, presided over by a single judge, accepted the appeal, restoring the original order from the trial court. The petitioners then sought leave to appeal this High Court decision to the Sup... |
| 1986 SLD 1067, 1986 SCMR 2012 | Civil Petition No. 232-R of 1985 , decided on 15.10.1986 | This case focuses on the legal intricacies surrounding the pre-emption of land under the Punjab Pre-emption Act, specifically in relation to the rights of those affected by the Mangla Dam Project. The petitioners sought to establish that their land was not subject to pre-emption due to a government notification. The case highlights the complexities of property rights in the context of public infrastructure projects and the legal protections afforded to affected individuals. The Supreme Court's decision to grant leave to appeal emphasizes the importance of examining the applicability of government notifications in property disputes. This case serves as a significant reference point for future legal interpretations of pre-emption rights in Pakistan.... |
| 2021 SLD 629, 2021 SCMR 510 | Criminal Petition No. 551 of 2020 , decided on 17.09.2020 | This case revolves around a criminal petition concerning the issuance of a dishonored cheque under Section 489-F of the Penal Code (XLV of 1860). The petitioner, found guilty by a Magistrate, faced a three-year rigorous imprisonment sentence that was upheld by the Supreme Court of Pakistan. The decision was based on solid evidence, including testimonies and documentation that confirmed the cheque's issuance and its bounce upon presentation. The court emphasized the significance of accountability in financial transactions, especially given the petitioner's record of similar offenses. The ruling serves as a reminder of the legal consequences associated with dishonesty in financial dealings, reinforcing the integrity of the banking system. Keywords such as 'dishonestly issuing a cheque', 'Penal Code', 'Supreme Court decision', and 'criminal appeal' highlight the case's relevance in legal discussions and can aid in SEO optimization.... |
| 1984 SLD 1229, 1984 PLC 529 | FD-19 of 1981 , decided on 18.05.1982 | This case revolves around the claim for group insurance amount by the appellant, who is the brother of a deceased employee, Sadiq Masih, who was a sweeper in the Municipal Corporation. The appellant's claim was dismissed by the Commissioner, stating that an adult brother is not considered an heir under the Pension Rules. However, the Tribunal clarified that the authority needed to establish jurisdiction based on whether the employee was insured under the group insurance scheme. It was determined that since Sadiq Masih was duly insured, the application for the insurance claim should be reconsidered. The Tribunal emphasized the need to trace the heirs according to the personal law of the deceased, which for a Christian individual, necessitates that the heirs be identified accordingly. The decision ultimately highlights the importance of jurisdiction in claims regarding group insurance and the necessity of adhering to personal laws when determining rightful heirs.... |
| 2000 SLD 847, 2000 SCMR 897, 2000 SLD 1259 | Civil Petition No.50-L of 2000 , decided on 28.02.2000 | In the case of Pakistan Lawyers Forum vs. General Pervez Musharaf, the Supreme Court of Pakistan addressed critical issues surrounding constitutional petitions and the jurisdiction of the High Court. The case arose from a petition challenging the constitutional validity of the military takeover on October 12, 1999. The petitioner argued that the High Court's adjournment of the hearing based on similar pending cases amounted to a denial of access to justice, a fundamental right guaranteed by the Constitution. The court examined the procedural aspects of the High Court's decision and the principle of propriety cited by the petitioner. Ultimately, the Supreme Court upheld the High Court's authority to regulate its procedures, dismissed the petition for leave to appeal, and reinforced the need for a systematic approach to similar constitutional petitions. This case highlights the balance between judicial efficiency and the rights of petitioners in the context of overlapping legal challenge... |
| 1974 SLD 790, 1974 PCRLJ 608 | Criminal Appeal No. 162 of 1971 , decided on 01.06.1973 | In the case of Sindh High Court Criminal Appeal No. 162 of 1971, the appellant Gulistan challenged his conviction under sections 394 and 397 of the Pakistan Penal Code for robbery. The incident involved a theft where the first informant, Muhammad Yaqoob, reported being attacked and robbed near his shop. The court examined the evidence, including the identification of the accused and the recovery of the stolen bicycle. Significant doubts arose regarding the reliability of the eyewitness testimony and the lack of concrete evidence linking the appellant to the crime. As a result, the court found the conviction unsustainable and allowed the appeal. This case highlights the importance of robust identification procedures and the need for corroborative evidence in criminal prosecutions, particularly in robbery cases. Keywords: robbery, conviction, eyewitness testimony, identification, Pakistan Penal Code, legal appeal.... |
| 1972 SLD 822 = 1972 PLC 247 | Petition No. 147 of 1970 , decided on 18.03.1970 | In the case of Munawar Hussain vs. Superintending Engineer, Agriculture Machinery, the Sindh High Court addressed issues related to employment termination, service rules compliance, and the principles of natural justice. The petitioner, employed as a Turner, challenged the termination of his services, asserting that he was not given a fair opportunity to respond to the allegations against him. However, the court found that the petitioner had been duly notified of the charges via a registered letter, which he refused to accept. The court ruled that proper procedures had been followed in terminating his employment, affirming the validity of the actions taken by the Agricultural Development Corporation. This case highlights the critical nature of adhering to established protocols in employment matters and the necessity of clear communication between employers and employees. The court's decision reinforces the legal standards governing civil service employment and the obligations of both p... |
| 2015 SLD 2191, 2015 YLR 1903 | Civil Revision No. 319 of 1991 , decided on 31.03.2015 | This case revolves around a civil revision petition concerning the issue of property inheritance and the critical aspect of limitation periods in legal proceedings. The Lahore High Court addressed the dismissal of a suit filed by Riaz Hussain and others against Mst. Aisha Bibi regarding property rights stemming from the estate of Atta Muhammad Khan. The court emphasized the importance of adhering to limitation periods, arguing that the failure to file within the specified timeframe undermines the validity of the claim. This case underscores the legal principle that limitation in civil suits, particularly in inheritance matters, is not a technicality but a fundamental requirement. The ruling reinforces the necessity for timely legal action and the consequences of inaction, which can lead to dismissal of claims regardless of their merit. The case also presents a significant interpretation of property rights under the West Punjab Muslim Personal Law (Shariat) Application Act, demonstratin... |
| 1976 SLD 638, 1976 PLC 69 | 506/231 of 1974 , decided on 09.03.1976 | This case revolves around the unlawful reversion of Mr. Ghulam Rasool, who was serving on deputation as an Inspector of Police during a tumultuous period in East Pakistan. His promotion was duly communicated and acted upon, yet he was later reverted to his substantive rank without following the proper disciplinary procedures as outlined in the West Pakistan Government Servants (Efficiency and Discipline) Rules, 1960. The Tribunal ruled against the validity of the reversion order, emphasizing the importance of adherence to established protocols in administrative actions. This case highlights critical issues related to government servant rights, the implications of wartime policies on civil service, and the necessity for due process in disciplinary actions. Keywords such as 'government servant rights', 'disciplinary action', and 'administrative justice' are pivotal in understanding the context and implications of this ruling.... |
| 2021 SLD 2139, 2021 PLJ 130 | C.P. No. 681 of 2016 , decided on 23.09.2019 | In the case of Feroz Shah vs. Secretary Education Department, the Quetta High Court ruled on a constitutional petition regarding the appointment for the post of watchman. The petitioner contested the cancellation of his merit listing for a position that was never advertised. The court reaffirmed the necessity for clear and transparent recruitment practices in accordance with constitutional mandates, emphasizing the importance of meritocracy in public sector appointments. This case highlights ongoing issues related to favoritism and political influence in hiring, shedding light on the need for reforms in the recruitment processes within government departments. The ruling serves as a critical reminder of the rights of citizens to fair treatment and the adherence to legal procedures in public sector employment. Keywords such as 'constitutional petition', 'merit list', 'public sector recruitment', and 'transparency in hiring' are essential for understanding the implications of this case.... |
| 1947 SLD 30, (1947) 15 ITR 205 | D-2741 of 2016 , decided on 01.01.1947 | This landmark case addresses the classification of expenditures in the context of income tax law. The assessees, a Hindu family engaged in the publishing industry, purchased the copyright to a book after disputes with its authors. The primary issue was whether this payment should be treated as a deductible business expense or as a capital expenditure. The court ruled in favor of treating the payment as capital expenditure, emphasizing that the acquisition of copyright was integral to their business model. This case is crucial for understanding the treatment of copyright transactions in tax law, particularly for publishing entities. Keywords: Income Tax, Capital Expenditure, Copyright Purchase, Business Expenditure, Tax Deduction.... |
| 1988 SLD 927, 1988 PLC 217 | Application No. 124 of 1987 , decided on 09.10.1987 | In the case of Application No. 124 of 1987, the Labour Appellate Tribunal, Sindh addressed a grievance petition filed by Muhammad Afzal against his employer, Messrs Abbasin International Garments. The applicant contended he was wrongfully terminated and sought reinstatement with back benefits, alleging he worked excessive hours without overtime compensation. However, the tribunal found the grievance notice was time-barred, as the applicant had not substantiated his claims regarding the timeline of his employment and termination adequately. Notably, the applicant's claims were contradicted by his own statements during cross-examination, leading to the conclusion that his grievance was not maintainable. The tribunal dismissed the petition, emphasizing the importance of adhering to legal timelines in grievance proceedings. This case highlights key aspects of the Industrial Relations Ordinance and the necessity for applicants to provide clear and substantiated evidence in support of their ... |
| 1987 SLD 499, 1987 SCMR 1358 | Civil Appeals Nos. 299 of 1980, 55 and 56 of 1985 , decided on 13.04.1987 | The Supreme Court of Pakistan's ruling in the Civil Appeals Nos. 299 of 1980, 55, and 56 of 1985 clarifies significant legal principles regarding property rights under the Evacuee Property and Displaced Persons (Laws) Repeal Act of 1975. This case highlights the importance of the definitions of 'available properties' and 'possession' in determining property entitlement. The Court's interpretation states that properties not auctioned prior to the repeal remain available for transfer, a crucial point for individuals claiming rights to such properties. Furthermore, the ruling specifies that possession alone does not confer ownership rights; it must be associated with prior construction on the property. This decision serves as a landmark interpretation affecting many cases related to property rights in Pakistan, particularly concerning evacuee property laws. Legal practitioners and property owners must heed this ruling when navigating claims under similar statutes, ensuring compliance with... |
| 2000 SLD 102, 2000 PTD 1114, (1998) 233 ITR 526 | Tax Case No. 985 of 1984 (Reference No. 881 of 198 , decided on 22.07.1997 | In the case between the Commissioner of Income Tax and Polly Container Industries, the Madras High Court addressed the issue of whether the assessee could claim a deduction for arrears of rent in the assessment year 1976-77. The court found that the assessee, a sub-tenant, was compelled to pay an amount based on a Government order that regularized the collection of rent. Since there was no lease agreement and the liability to pay rent was not established on a monthly basis, the court ruled that the assessee could claim the deduction for the year in which the liability was recognized. This case highlights the complexities of tax law and the necessity for businesses to understand their obligations under the Income Tax Act.... |
| 1988 SLD 452, 1988 PLC 101 | SUK-31/2 of 1984 , decided on 25.03.1987 | This case revolves around the appeal of Bhai Khan, an Assistant Station Master, against the punishment imposed by Pakistan Railways for prolonged absence without leave. The decision by the Labour Appellate Tribunal, Sindh, upholds the ruling of the Sind Labour Court which found the grievance petition time-barred. The appellant's absence from duty, which lasted from December 27, 1978, to October 23, 1979, led to the imposition of a punishment that withheld his annual increment for one year. Despite the appellant's claims regarding the illegality of the punishment and its impact on his financial status, the court found the punishment appropriate given the established guilt. The decision emphasizes the importance of timely grievance submissions and adherence to workplace regulations. Key terms in this case include 'grievance notice', 'time-barred appeal', and 'Industrial Relations Ordinance'. This case serves as a significant reference for future cases concerning employee grievances and d... |