Browse through our most recent case law additions
| Citation(s) | Details | Summary |
|---|---|---|
| 1979 SLD 797 = (1979) 116 ITR 301 | IT REFERENCE No. 50 OF 1968 , decided on 09.11.1977 | In the landmark case of Century Spg. & Mfg. Co. Ltd. v. Commissioner of Income Tax, the Bombay High Court addressed crucial aspects of business expense deductions under the Income-tax Act. The case revolved around the assessment year 1959-60, where the assessee claimed deductions for wealth-tax and related professional fees. The primary legal question was whether the wealth-tax paid was deductible as a business expense under section 10(1) of the Indian Income-tax Act, 1922. The court determined that due to a retrospective amendment in the Income-tax (Amendment) Act, 1972, the wealth-tax deduction was impermissible. However, the court reaffirmed that professional fees incurred for wealth-tax proceedings were allowable deductions as they were directly related to the trading company's business assets. This case highlights the importance of understanding the implications of legislative amendments on tax deductions and the judicial precedents that guide such determinations. The ruling serve... |
| 2003 SLD 1033, 2003 PLC 1055 | Civil Petition No.278 of 2002 , decided on 14.10.2002 | In the case of Civil Petition No.278 of 2002, the Supreme Court of Pakistan addressed a dispute concerning the promotion of a civil servant within Pakistan Railways. The petitioner, Fazal Karim, was seeking recognition for his promotion to a higher post and argued that he was entitled to this promotion from a date prior to the one established by the Service Tribunal. The court examined the circumstances under which certain posts were created and the relevant instructions issued by the Establishment Division. Ultimately, the Supreme Court upheld the Service Tribunal's decision, affirming that the petitioner could not claim promotion prior to the established date as no promotional posts were available. This case highlights important aspects of employment law, particularly within government service, and reinforces the principles governing promotions and the jurisdiction of service tribunals. Keywords to consider in this context include 'promotion disputes', 'civil service law', 'Pakistan ... |
| 2019 SLD 830, 2019 CLC 665 | Writ Petition No. 18134 of 2018 , decided on 12.12.2018 | This case involves a Writ Petition filed in the Lahore High Court regarding the enforcement of a family court decree for maintenance and dowry. The petitioner, Shameem Riaz Ahmad Langrial, challenged the orders of the District Judge, Okara, which transferred the enforcement proceedings to another district. The legal implications of the Family Courts Act, 1964 and the Constitution of Pakistan were examined, focusing on the rights and obligations of the judgment debtor and the decree holder. The decision highlighted the importance of ensuring that family court decrees are executed effectively, reinforcing the principle that those who seek equity must do equity. The case underscores the challenges faced in the execution of family court decrees in Pakistan, where delays and procedural hurdles can often hinder justice for decree holders. This case is significant in the context of family law and the enforcement of decrees, providing insights into the judicial approach towards the execution o... |
| 2023 SLD 1375, 2023 SCMR 87 | Criminal Appeal No. 39-K of 2022 , decided on 06.02.2023 | In the case of Criminal Appeal No. 39-K of 2022, the Supreme Court of Pakistan reviewed the convictions of Mst. Hajira Bibi and others regarding the murder of Abdul Habib. The court found that the prosecution's evidence was insufficient and lacked concrete details regarding the conspiracy. The appeal highlighted the importance of proving each element of the crime beyond a reasonable doubt. Key legal principles regarding abetment and the benefit of the doubt were discussed, emphasizing the necessity for reliable evidence in criminal proceedings. The ruling reinforces the legal standard that it is better for guilty persons to be acquitted than for an innocent person to suffer. This case underscores critical issues in the law surrounding conspiracy and abetment in Pakistani criminal law, serving as a significant reference for future cases involving similar charges.... |
| 2010 SLD 2695, 2010 PLD 1186 | Civil Appeal No. 511 of 2010 , decided on 10.08.2010 | This case revolves around the appeal filed by Mst. Banori against the dismissal of her pre-emption suit regarding a piece of land. The Supreme Court's ruling clarified the procedural obligations under Section 115 of the Civil Procedure Code, emphasizing the importance of timely access to court decisions and the responsibilities of subordinate courts. The ruling aims to eliminate delays in the judicial process, ensuring that parties can effectively seek revision of decisions without unnecessary hindrances. This case highlights the critical balance between procedural compliance and the substantive rights of litigants, reinforcing the judiciary's role in upholding justice. Key trends include revisions, procedural law, and judicial efficiency.... |
| 2002 SLD 1103, 2002 SCMR 109 | Civil Appeal No. 1873 of 2001 , decided on 02.10.2001 | In the case of Civil Appeal No. 1873 of 2001, the Supreme Court of Pakistan addressed the contentious issue surrounding the election results for Nazim and Naib-Nazim of District Council Nasirabad. The case stemmed from a petition filed by Mir Salim Khan Khosa challenging the election outcome based on claims that the elected candidates did not secure more than 50% of the votes. The court examined the Balochistan Local Government Elections Ordinance, particularly sections 16(2) and 16(3), which stipulate the requirements for securing election. The court ruled that the respondents secured 475 out of 949 total votes, thus meeting the threshold of more than 50%. The ruling highlighted the significance of clear electoral guidelines to ensure that elected officials reflect the will of the majority. This case is pivotal in understanding electoral law in Pakistan and the interpretation of majority votes, emphasizing the need for precision in legislative language to avoid ambiguity in future ele... |
| 2017 SLD 2076, 2017 YLR 724 | Cr. A. No. 828 and Cr. Rev. No. 550 of 2008 , decided on 16.09.2015 | This case revolves around the acquittal of the appellants, Shaokat Ali and others, who were charged under various sections of the Penal Code, including Qatl-i-amd (murder), attempt to murder, and house trespass. The Lahore High Court's decision hinged on the prosecution's failure to present strong and credible evidence. Key points of contention included the delayed recording of witness statements, discrepancies in medical evidence, and the lack of concrete proof linking the accused to the crime. The court underscored the legal principle that any doubt in the prosecution's case must be resolved in favor of the accused. The judgment serves as a critical analysis of how procedural lapses and unreliable witness accounts can lead to the dismissal of serious criminal charges. The case is significant for its implications on the standards of proof required in criminal proceedings, particularly in cases involving severe allegations such as murder.... |
| 2005 SLD 1761, 2005 CLD 1688 | R.F.A. No.361 of 2004 , decided on 11.01.2005 | This case revolves around the Financial Institutions (Recovery of Finances) Ordinance, 2001, particularly focusing on the procedures and timelines for filing applications for leave to defend in recovery suits. The Lahore High Court assessed whether the appellants had adhered to the prescribed timelines after being served through newspaper notices. The court found that the appellants failed to file their application within the 30-day window, as stipulated by law, leading to the dismissal of their appeal. The case highlights the importance of understanding procedural law in financial recovery cases, ensuring timely responses to avoid default judgments. Keywords such as 'financial recovery', 'legal proceedings', 'Lahore High Court', and 'financial institutions' are essential for optimizing visibility in legal discussions and searches.... |
| 2005 SLD 2493, (2005) 276 ITR 304 | WP (C) Nos. 395 AND 420 OF 1987 , decided on 15.01.2004 | This case involves a legal dispute regarding the applicability of specific chapters of the Income-tax Act, 1961, concerning the purchase of immovable property by the Central Government. The petitioner, Master Vincent Cleetus, had an agreement executed in June 1986, and the issue arose regarding whether Chapter XX-C, which was introduced later, would apply to his case. The Delhi High Court clarified that the provisions of Chapter XX-A were applicable based on the timeline of the agreement and subsequent actions taken by the petitioner. This case highlights important considerations in property law and tax regulations in India, particularly the implications of regulatory changes on existing agreements. Key terms include 'Income-tax Act', 'Chapter XX-A', 'Chapter XX-C', and 'Form No. 37-I'. The ruling sets a precedent for similar cases involving the timing of property transactions and relevant tax regulations.... |
| 1982 SLD 1432, 1982 PLC 158 | SUK-64 of 1981 , decided on 17.09.1981 | This case revolves around the retrenchment of an employee, Tahir Ali, who served as a conductor for the Sind Road Transport Corporation. The core issue was whether the termination of his services violated the 'last in first out' principle mandated under the West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance. The petitioner argued that junior conductors were retained while he was dismissed, which led to the appeal in the Labour Appellate Tribunal. The court ruled in favor of the appellant, emphasizing the importance of adhering to the principle of seniority based on the date of appointment rather than temporary promotions. The decision highlighted the necessity for corporations to follow legal guidelines during retrenchment processes to avoid wrongful terminations. The ruling also awarded the appellant 50% back benefits as a remedy for the wrongful assumption of seniority by the corporation, which was deemed a bona fide error. This case underscores the critic... |
| 2002 SLD 1275, 2002 SCMR 908 | Civil Petition No. 1552 of 1999 , decided on 04.03.2002 | This case revolves around the application of the Anti-Terrorism Act in a murder case involving a serving Army Officer. The petitioner, Mst. Raheela Nasreen, was accused of orchestrating her husband's murder with the help of his trusted Batman. The High Court's decision to transfer the case to the Anti-Terrorism Court was challenged but upheld by the Supreme Court, which emphasized that the nature of the crime was such that it could create a sense of insecurity among Army Officers, thus meeting the criteria set forth in Section 6(b) of the Anti-Terrorism Act. This ruling highlights the court's interpretation of what constitutes 'terror' and the necessity of maintaining security within the armed forces. The case is significant in understanding the legal framework surrounding terrorism-related offenses in Pakistan, particularly in relation to the military.... |
| 2024 SLD 3414 | Writ Petition No.8594 of 2016/BWP | This case involves a writ petition filed by Mst. Haleema and others against the Executive Director of the C & C Department of the Securities & Exchange Commission. The petitioners are represented by Mr. Aejaz Ahmad Ansari, while the respondents are represented by M. Yaseen Kamran and Ch. Muhammad Jameel, who is also the Assistant Attorney General for Pakistan. The legal foundation of this case is based on the Constitution of Pakistan, particularly Section 199, which pertains to the jurisdiction of the High Court to issue orders in cases of violation of fundamental rights. The matter was heard by Judge Ahmad Nadeem Arshad, who presided over the proceedings in Islamabad. The outcome of the case and further legal implications remain to be detailed in the decision.... |
| 2023 MLD 1289, 2023 SLD 1774 | Criminal Appeal No. 60 of 2021 , decided on 08.09.2022 | In the case of Ali Haider and Fateh Muhammad v. The State, the Balochistan High Court addressed critical issues concerning the reliability of eyewitness testimony and the procedural integrity of identification parades. The court found that the prosecution's case was significantly weakened by the absence of prior acquaintance between the witnesses and the accused, as well as by procedural flaws in the identification process. The judgment highlighted the importance of adhering to legal standards in criminal proceedings, particularly the necessity for the prosecution to establish guilt beyond a reasonable doubt. This case serves as a significant reference point for future cases involving similar legal principles, emphasizing the right to a fair trial and the presumption of innocence until proven guilty.... |
| 2003 SLD 2956, 2003 CLD 1318 | First Appeal from Order No.360 of 2002 , decided on 20.03.2003 | In the case of Messrs Ripple Jewellers (PVT.) LTD. vs. FIRST WOMAN BANK, the Lahore High Court addressed significant procedural errors in the execution of a decree for recovery of finances. The court found that the Banking Court failed to issue required notices to judgment-debtors prior to conducting a public auction of their property, which is a critical procedural safeguard under the Civil Procedure Code. This failure invalidated the auction sale, emphasizing the importance of adhering to legal requirements in execution proceedings. The court's decision is a pivotal reminder for financial institutions and legal practitioners about the necessity of compliance with procedural mandates to ensure the validity of judicial actions. The ruling not only reinstates the rights of the appellants but also sets a precedent regarding the enforcement of notices in financial recovery cases.... |
| 2003 SLD 628, 2003 SCMR 1351 | Civil Petition No.3053 of 2001 , decided on 03.06.2002 | In the case of Civil Petition No.3053 of 2001, the Supreme Court of Pakistan addressed the issue of whether a Local Commission should be appointed to ascertain the factual position regarding the entitlement to Zar-e-Malkana of cut-trees in a jungle land dispute. The petitioners contended that previous courts had not adequately addressed their grievances and sought the Local Commission's assistance. However, the courts found that ample evidence was present on record to make a decision without the need for additional inspections. The Court ultimately upheld the findings of the lower courts, emphasizing the necessity of presenting cogent evidence to substantiate claims in civil disputes. This case highlights the importance of evidence in legal proceedings and the limitations of seeking procedural conveniences without a solid evidential basis.... |
| 1969 SLD 576, (1969) 74 ITR 373 | Second Appeal No. 1483 of 1964 , decided on 27.09.1968 | This case revolves around the rights of a hire-purchase agreement holder against the backdrop of tax recovery proceedings. The Union of India and the Collector of Salem attempted to sell a bus owned by the plaintiff, who had a valid hire-purchase agreement with Peer Khan Sahib, the hirer. The Collector's actions were challenged as being without jurisdiction since the hirer had no ownership rights at the time of the sale. The Madras High Court ruled that the sale was invalid and affirmed the plaintiff's entitlement to the sale proceeds, emphasizing the principles of property rights and due process under the Revenue Recovery Act and Civil Procedure Code. This landmark decision highlights the legal protections afforded to property owners against wrongful dispossession, reinforcing the importance of adhering to legal protocols in tax recovery actions.... |
| 2022 SLD 2448, 2022 PLC 1540 | Writ Petition No. 746 of 2019 , decided on 24.02.2021 | In the case of Writ Petition No. 746 of 2019, the Peshawar High Court addressed the issue of contractual employment and the right to regularization under the Khyber Pakhtunkhwa Universities Act, 2012. The petitioners, Raza Ali Khattak and others, challenged their termination from the university, arguing for the regularization of their services. The court held that, despite the petitioners serving from 2013 to 2019, there was no legal basis for their claim to regularization as a right, given the discretionary nature of contractual employment. The court dismissed the petition, reinforcing the principle that contractual employees lack a vested right to regularization unless explicitly provided by law. The decision highlights important legal precedents regarding employment rights in the educational sector, emphasizing the need for clear statutory provisions for regularization of services.... |
| 2006 SLD 1727 = 2006 PLC 617 | Appeal No.258(K)(C.S.) of 2004 , decided on 05.04.2006 | In the case of Muhammad Aftab Ali Khan vs. Pakistan Telecommunication Company Limited, the Federal Service Tribunal addressed the issue of pension stoppage under the Civil Servants Act and the Service Tribunals Act. The appellant, who had retired under a voluntary retirement scheme, found his pension halted without prior notice due to allegations of sub-letting a residential quarter. The Tribunal emphasized the importance of due process, stating that the authorities must issue a show-cause notice before taking any punitive action against a retired employee. This case highlights the legal protections afforded to civil servants regarding their pensions and the procedural requirements that must be followed by authorities in such matters. The Tribunal's ruling reinforces the principles of fairness and justice in administrative actions, ensuring that retired employees are not deprived of their benefits without appropriate legal procedures.... |
| 1996 SLD 114, 1996 PTD 572, (1995) 212 ITR 653, (1995) 73 TAX 54 | Civil Appeals Nos. 1513 to 1516 of 1977 , decided on 24.01.1995 | The case revolves around the interpretation of the Companies (Profits) Surtax Act, specifically concerning the inclusion of a loan in the capital computation for surtax purposes. The Supreme Court of India upheld the Gujarat High Court's ruling that modifications made to a loan agreement, allowing for repayment beyond the initial seven-year period, still permitted the loan's inclusion in capital calculations. The case highlights the importance of agreement terms and legislative provisions in tax matters, particularly under the Income Tax Act and the Companies (Profits) Surtax Act. Key legal principles established in this decision emphasize the flexibility of repayment terms and the conditions for capital computation in corporate tax assessments. This ruling serves as an important precedent for similar tax-related cases and reinforces the need for clarity in financial agreements.... |
| 1954 SLD 176 = (1954) 25 ITR 207 | D-2741 of 1952 , decided on 01.01.1954 | This case revolves around the interpretation of the provisions of the Excess Profits Tax Act, 1940, and their relationship with the Indian Income-tax Act, 1922. The key issue was whether the Municipal Corporation's payment to the Excess Profits Tax Officer could be considered a valid discharge of its liability to Rowji Sojpal for the contract of sewer construction. The Court ruled that the subsequent amendments to the Indian Income-tax Act did not apply to the Excess Profits Tax Act, thereby invalidating the Municipality's claim that its payment discharged its debt. The decision highlights the importance of understanding the legislative framework surrounding taxation laws and the implications of amendments on existing contracts. This case is significant for legal practitioners and tax professionals as it clarifies the boundaries of authority for tax recovery officers and reinforces the obligations of debtors under contract law.... |
| 2002 SLD 221, 2002 PTD 1375, (2000) 242 ITR 155 | Income-tax References Nos.4 and 5 of 1997 , decided on 25.10.1999 | This case revolves around the assessment of income tax for the financial year 1987-88 concerning a registered firm, Witty Trading Co., engaged in the sale of arecanuts and other agricultural products. The firm followed a mixed system of accounting, recognizing consignment sales based on the receipt of sale pattials from consignees. The Assessing Officer challenged this method, leading to higher income assessments. The Commissioner of Income-tax (Appeals) upheld this, but the Tribunal later directed that 50 percent of the consignment sales be accounted for, acknowledging the time delays in receiving sale pattials. The Kerala High Court ultimately affirmed the Tribunal's findings, emphasizing that the conclusions were factual and did not raise any legal questions. This case highlights the complexities of accounting methods in tax assessments, particularly in the context of agricultural produce sales and consignment agreements.... |
| 1991 SLD 1518, 1991 SCMR 2164 | Civil Appeals Nos. 1-P, 3-P to 8-P, 4 to 1127, 46 , decided on 13.07.1991 | This case revolves around the principles of land acquisition and compensation as per the Land Acquisition Act. The Supreme Court of Pakistan addressed the legal distinctions between direct appeals and petitions for leave to appeal, highlighting the importance of timely action for compensation claims. The court examined the nature of land classification, determining that revenue records are not conclusive evidence of land value. The decision ultimately reinforces the legal standards for compensation, ensuring fair treatment for landowners while balancing public interest in land acquisition. Keywords such as 'land acquisition compensation', 'Supreme Court rulings', and 'legal land classification' are essential for SEO optimization.... |
| 2010 SLD 869, 2010 PLJ 327 | Crl. Appeal Nos. 328 of 2007 and 377 of 2006 , decided on 03.06.2009 | In this case, the Lahore High Court dealt with the appeals of Khudai Gul against his conviction under the Control of Narcotics Substances Act, 1997, for allegedly possessing 25 kilograms of opium. The judgment highlighted the importance of conducting trial proceedings in a language that the accused understands, as mandated by Section 361 of the Criminal Procedure Code. The Court noted that the trial was flawed due to the absence of an interpreter for the appellant, who could not understand the languages used in court. The evidence presented by the prosecution was found to be insufficient, with contradictions in witness statements. Ultimately, the appeal was accepted, and the appellant was acquitted, emphasizing the necessity of fair trial standards and the rights of the accused. The case serves as a crucial reminder of the legal principle that an accused must be able to understand the charges against them to mount an effective defense.... |
| 2022 SLD 466 = 2022 CLC 264 | Civil Revision No. 33725 of 2019 , decided on 08.09.2021 | In the case of Civil Revision No. 33725 of 2019, the Lahore High Court addressed significant legal questions regarding the enforceability of promissory notes under the Civil Procedure Code and the Negotiable Instruments Act. The petitioner, represented by lawyer Abdul Waheed Zaman Qureshi, sought recovery based on a promissory note amounting to Rs. 402,000 along with monthly profits of Rs. 24,000. The court analyzed whether the document constituted a valid promissory note and whether the additional security of a mortgage deed affected the proceedings. Ultimately, the court ruled in favor of the petitioner, allowing the civil revision and confirming the validity of the promissory note. This case underscores the importance of understanding the distinctions between different legal instruments and the remedies available to creditors. The ruling reinforces that the existence of a mortgage does not negate the right to recover based on a promissory note, thereby providing clarity in similar f... |
| 2000 SLD 540, 2000 PTD 2662, 2002 PTCL 142 | Writ Petition No.82 of 2000 , decided on 27.04.2000 | This case addresses the procedural aspects of filing an appeal in the context of the Income Tax Ordinance, 1979. Bibi Gul Sajjad, as the legal heir of the deceased taxpayer, contested the dismissal of her appeal by the First Appellate Authority, which was based on the claim that the appeal was not verified by the petitioner or the legal heirs. The Peshawar High Court's decision highlighted the importance of allowing for rectification of procedural defects, ensuring that taxpayers or their representatives are afforded due process in tax matters. The ruling underscores the significance of verification requirements while also advocating for leniency where procedural compliance is concerned, particularly in cases involving deceased taxpayers. This case serves as a precedent for similar tax-related appeals, emphasizing the need for fair treatment in the administrative processes of tax assessment and appeals. Keywords such as 'Income Tax Ordinance', 'Peshawar High Court', 'tax appeal', 'judi... |
| 1988 SLD 2551, 1988 SCMR 1322 | Civil Appeal No. 61 of 1983 , decided on 26.04.1988 | In the landmark case of Sher Ali vs. Member (Colonies), Board of Revenue, Punjab, the Supreme Court of Pakistan addressed significant issues related to procedural fairness and jurisdiction under the Colonization of Government Lands (Punjab) Act, 1912. The appellant, Sher Ali, had transferred his grant of government land after obtaining the necessary permission from the Collector. However, the Board of Revenue later sought to reverse this sanction, claiming fraud had occurred. The Court emphasized the importance of granting an opportunity to be heard before making decisions that affect parties' rights. This case highlights the critical nature of due process in administrative proceedings and reinforces the principle that government bodies must adhere to fair hearing requirements before passing any orders that may adversely impact individuals. The ruling serves as a precedent for similar cases, ensuring that procedural safeguards are upheld in administrative law. Keywords such as 'due pro... |
| 2007 SLD 101, 2007 PTD 1703, (2007) 95 TAX 417 | I.T.As. Nos. 228/LB to 231/LB of 2006 , decided on 04.01.2007 | In the case presented before the Income Tax Appellate Tribunal, the primary focus was on the income tax assessments made against a newly established sugar manufacturing company. The Tribunal assessed multiple claims regarding the rejection of declared sale and purchase rates of cane, disallowances of expenses, and various additions made under the Income Tax Ordinances of 2001 and 1979. The Tribunal highlighted the importance of fair assessment practices, especially for new businesses that require incentives to establish their operations. The decision reinforced the concept that tax obligations are a responsibility towards the state rather than a forced liability. The Tribunal ruled in favor of the appellant, allowing the claims and directing that the disallowances and additions made by the Taxation Officer be vacated, thus supporting the principles of transparency and accountability in tax assessments.... |
| 1980 SLD 1357, 1980 PLC 188 | Appeal No. 80/711 of 1976 , decided on 11.11.1979 | This case revolves around Haji Dur Muhammad Chishti's appeal against his compulsory retirement under the Punjab Civil Servants Act of 1974. The tribunal reviewed the case, focusing on the legality of the retirement order issued by the Commissioner of Bahawalpur and the previous scrutiny conducted under the Interim Constitution of Pakistan. The tribunal emphasized the importance of proper jurisdiction and authority in the retirement process, ultimately ruling in favor of the appellant. The case highlights key aspects of employment law, specifically regarding civil servants' rights and the procedural safeguards in place under the Punjab Civil Servants Act. The decision reinforces the criteria for continued service and the necessity for competent authority in retirement decisions, making it a significant reference point for similar cases in the future.... |
| 1987 SLD 3335 = (1987) 167 ITR 827 | In the case involving U.P. Forest Corporation versus the Commissioner of Income Tax, the Allahabad High Court dealt with the issue of tax exemptions under the Income-tax Act, 1961, specifically section 10(20). The case arose from the corporation's claim for exemption from income tax, which was granted by the Tribunal. However, the Tribunal did not examine a secondary argument regarding article 289(1) of the Constitution of India, which was claimed to provide additional grounds for exemption. The court ruled that since the corporation had already received the exemption under section 10(20), discussing the applicability of article 289(1) was unnecessary and would not affect the outcome. This judgment emphasizes the importance of avoiding unnecessary litigation on issues that do not impact the core decision, thereby streamlining judicial processes. Keywords include tax exemption, Income-tax Act, constitutional law, and judicial efficiency, which are trending topics in legal discussions.... | |
| 1987 SLD 1552, 1987 SCMR 700 | Civil Petition for Special Leave to Appeal No. 921 , decided on 01.02.1987 | This case revolves around the dismissal of police officers who were accused of serious indiscipline and participating in a strike. The petitioners argued that they were denied a proper inquiry and hearing, which is a fundamental right under the law. The Supreme Court highlighted the importance of due process and the necessity for a fair hearing. It was determined that the Punjab Service Tribunal failed to consider whether the security of Pakistan was genuinely at stake and whether the punishment of dismissal was too severe. This ruling emphasizes the need for judicial oversight in administrative decisions involving public servants. Key terms include police discipline, right to a fair hearing, administrative law, and judicial review, which are trending topics in legal discussions today.... |
| 2019 SLD 42, 2019 PLJ 155 | Crl. Appeal No. 35-J of 2013 , decided on 03.12.2018 | In the case of Crl. Appeal No. 35-J of 2013, the Lahore High Court addressed the appeal of an individual convicted under Section 302(b) of the Pakistan Penal Code. The appellant was sentenced to life imprisonment following the murder of Athar Iqbal. The case was primarily based on circumstantial evidence, including an alleged extra judicial confession and recovery of a weapon. However, the court found the evidence to lack credibility, particularly the extra judicial confession, which was not corroborated by reliable witnesses or evidence. The medical evidence confirmed the nature of the injuries but did not establish a direct link to the accused. The appeal underscored the importance of direct evidence in criminal cases and the court's skepticism towards weak forms of evidence such as extra judicial confessions. As a result, the conviction was overturned and the appellant was released, illustrating the judicial system's commitment to ensuring that convictions are based on solid and rel... |
| 1987 SLD 878, 1987 PLD 490 | Civil Appeal No. 189 of 1985 , decided on 18.08.1987 | The case centers on the appeal against the election of Lt. Gen. (Retd.) Saeed Qadir to the Senate, where the appellant, Dr. Aon Muhammad Khan, challenged his status as a 'technocrat' under the Houses of Parliament and Provincial Assemblies (Elections) Order, 1977. The Supreme Court reviewed the qualifications and experience of the respondent, concluding that the absence of formal academic qualifications did not disqualify him from being recognized as a technocrat. The court underscored the importance of practical experience and professional competence in the fields of engineering and logistics, ultimately affirming the election tribunal's ruling. This case highlights the evolving definitions of professional qualifications in political contexts and the legal interpretations surrounding them.... |
| 1997 SLD 621 = 1997 PLC 130 | Appeal No. 479 of 1994/Pb. , decided on 13.03.1996 | This case involves the Labour Appellate Tribunal of Punjab, addressing the dismissal of a revision petition due to non-prosecution. The petitioner, Akhtar Sher Khan, challenged the approval of trade union elections by the Registrar of Trade Unions. Despite filing the revision petition, the petitioner repeatedly failed to appear in court, leading to a dismissal for non-prosecution. The court ultimately rejected the request for revival, citing a lack of justifiable reasons and a pattern of negligence. The ruling underscores the importance of compliance with court protocols and the ethical obligations of legal practitioners. Key issues include the ramifications of non-prosecution, the standards for granting adjournments, and the impact of delay on justice. This case serves as a critical reminder for lawyers and litigants about the significance of diligence and accountability in legal proceedings.... |
| 2019 SLD 1172, 2019 SCMR 859 | Civil Petition No. 2108 , decided on 27.02.2019 | This case revolves around the interpretation of the Khyber Pakhtunkhwa Buildings (Management, Control and Allotment) Act, 2018, and the Residential Accommodation at Peshawar (Procedure for Allotment) Rules, 2018. The Supreme Court of Pakistan examined the rights of petitioners who claimed allotments of government accommodations made before the enactment of the new law. It was determined that previous allotments must comply with the Act to be valid, thus emphasizing the need for a purposive interpretation of statutes that favors the beneficiaries of the law. The court's ruling also clarified the conditions under which family members of retired or deceased public officials can retain government accommodations, reinforcing the necessity for equitable treatment in allotment processes. This judgment serves as a critical reference for future cases involving public sector housing and the rights of employees in Pakistan.... |
| 1998 SLD 406, 1998 PTD 3110, (1996) 222 ITR 670 | Income-tax Application No.141 and IT.As. Nos.l47 a , decided on 16.08.1995 | This case revolves around the rectification of mistakes concerning the Income Tax Act, 1961, specifically addressing the investment allowance for a cold storage facility. The main legal question was whether the cold storage was entitled to an investment allowance, which was initially denied based on the interpretation of Section 32-A, applicable only to manufacturing businesses. The court's decision emphasized the importance of correctly identifying the nature of business activities when determining eligibility for tax benefits. The ruling reinforced the procedural aspect of rectification under Section 154, highlighting the judicial process's role in ensuring fairness in tax assessments. With the growing emphasis on tax compliance and rectification mechanisms, this case serves as a pivotal reference for similar disputes in the realm of income tax law.... |
| 2017 SLD 1250, 2017 PLJ 574 | W.P. No. 25124 of 2015 , decided on 27.01.2017 | The case revolves around the constitutionality of the Punjab Food Authority Act, 2011, particularly concerning the powers of Food Safety Officers (FSOs) to seal food business premises. The petitioners argued that the sealing of Lung Fung Chinese Restaurant was done without due process and violated principles of natural justice. The Lahore High Court ruled that the FSOs have the necessary authority to act without prior notice in order to protect public health. The court highlighted that the precautionary principle justifies such actions in the interest of public safety. This case underscores the balance between individual rights and public health responsibilities, confirming that food safety regulations are essential for safeguarding consumers. Keywords: Punjab Food Authority, food safety, due process, Lahore High Court, public health, natural justice, precautionary principle, food business regulations.... |
| 2019 SLD 2914 = 2019 PCRLJ 1683 | Criminal Appeal No. 453 of 2014 , decided on 20.11.2018 | In the case of Ashfaq vs. The State, the Lahore High Court addressed a serious charge of murder under the Pakistan Penal Code, specifically Section 302(b) concerning intentional murder. The appellant, Ashfaq, was accused of killing Mazhar Ilyas with a 'chhurri' (knife) during an altercation. The court scrutinized the reliability of the eyewitness accounts, which were pivotal to the prosecution's case. Notably, the witnesses failed to act during the attack, raising significant questions about their credibility. The absence of independent witnesses at the crime scene further weakened the prosecution's position. Additionally, the recovery of the weapon was contentious, as it occurred without appropriate oversight, violating procedural requirements. The court emphasized the principle that any reasonable doubt must benefit the accused, ultimately leading to Ashfaq's acquittal. This case underscores the importance of credible evidence in criminal proceedings and highlights the legal standard... |
| 2004 SLD 3230, 2004 PLJ 642 | Crl. A. No. 190 of 1996 , decided on 19.12.2003 | In the case of Karam Din v. Abdul Aziz, the Supreme Court of Pakistan addressed critical issues surrounding the interpretation of legal provisions in relation to the summoning of witnesses and the standards of proof in criminal cases. The appellant, Karam Din, challenged the Lahore High Court's decision to acquit Abdul Aziz, who was charged with murder under Section 302 of the Pakistan Penal Code. The Supreme Court scrutinized the trial court's application of Section 540 of the Criminal Procedure Code, which allows for the summoning of witnesses deemed necessary for the pursuit of justice. The Court found that the trial court acted within its jurisdiction by summoning relevant witnesses to clarify key facts regarding the ownership and possession of disputed land involved in the case. The Court emphasized that the prosecution's inability to establish the precise location of the incident did not inherently undermine the credibility of the appellant's claims or the evidence presented. Thi... |
| 2015 SLD 687, 2015 YLR 666 | Constitution Petitions Nos. 501 and 504 of 2014 , decided on 12.01.2015 | In this significant ruling by the Balochistan High Court, the court addressed key issues surrounding the National Accountability Ordinance, 1999, particularly regarding the legality of re-initiating investigations after closure. The case involved the petitioners, Ali Muhammad Baloch and others, who sought pre-arrest bail in response to allegations of misconduct related to land allotments overseen by local governmental bodies. The court examined the principles of double jeopardy and the rights enshrined in the Constitution of Pakistan, particularly Article 13, which protects individuals from being prosecuted more than once for the same offense. Ultimately, the court found that the petitioners could not substantiate claims of mala fides against the NAB officials nor prove that their prosecution was politically motivated. This decision reinforces the authority of the NAB to pursue investigations even after prior closures, reflecting the court's commitment to upholding the rule of law and ... |
| 1998 SLD 1584, 1998 PLC 1321 | Writ Petitions Nos. 29, 30 of 1995 and 31 of 1997 , decided on 07.01.1998 | This case revolves around the jurisdiction of the Azad Jammu and Kashmir Service Tribunal and the High Court's role in adjudicating civil service disputes. The court evaluated the provisions of the Azad Jammu and Kashmir Interim Constitution Act, Service Tribunal Act, and Civil Servants Act, particularly focusing on the rights of civil servants to appeal adverse decisions. The ruling highlighted that administrative remedies should not obstruct access to judicial review and affirmed that civil servants have the right to seek timely redress. The case is significant as it addresses fundamental principles of justice and the rights of government employees in Azad Jammu and Kashmir, ensuring that they are protected against arbitrary administrative actions. Keywords include 'civil service rights', 'judicial review', 'administrative justice', 'Azad Jammu and Kashmir law', and 'Service Tribunal jurisdiction'.... |
| 2019 SLD 1899, 2019 SCMR 1457 | Criminal Petition No. 533 of 2019 , decided on 31.07.2019 | In the case of Alamgir Khan versus The State, the Supreme Court of Pakistan dealt with a significant matter concerning the unauthorized siphoning of natural gas for electricity generation. The court's ruling underscored the importance of evidentiary standards in criminal procedure, particularly regarding bail applications. The decision highlighted that the presence of physical evidence and witness testimonies provided sufficient grounds for the charges under both the Criminal Procedure Code and the Pakistan Penal Code. This case is pivotal in understanding the judicial process surrounding criminal accusations of energy theft and the implications of such actions under the law. The court's firm stance on bail refusal reflects the seriousness with which it treats offenses involving public resources and safety. Legal practitioners should note the court's reasoning as a precedent in similar cases involving unauthorized utility theft and the standards required for bail eligibility.... |
| 2008 SLD 1219, 2008 PLC 248 | C.P. No.867-L of 2007 , decided on 04.09.2007 | In the case of C.P. No.867-L of 2007, the Supreme Court of Pakistan addressed the constitutional petition filed by Dr. Muhammad Naeem Aslam against the appointments of certain respondents in the Punjab Institute of Cardiology. The decision, rendered on September 4, 2007, highlighted the principles of administrative law concerning appointment processes under the Punjab Civil Servants Act, 1974, and the Constitution of Pakistan. The petitioner's claims were dismissed as the Supreme Court determined that the matter was no longer live, given the significant time elapsed since the respondents' appointments and the petitioner's subsequent promotion. Key legal principles were examined, emphasizing the importance of timely challenges to administrative decisions. This case serves as a reference point for future cases regarding employment rights and administrative justice in Pakistan, focusing on the balance between individual rights and the stability of public service appointments.... |
| 1988 SLD 1809 = (1988) 173 ITR 579 | In the case involving the Commissioner of Income Tax and the West Bengal State Electricity Board, the Calcutta High Court addressed crucial issues surrounding the employment status of a foreign technician for tax purposes under the Income-tax Act, 1961. The case hinged on whether the technician, deputed by a foreign company, was considered an employee of the Indian company for tax assessment. The court dismissed the application for a certificate to appeal to the Supreme Court, ruling that no substantial questions of law were involved. This case highlights important aspects of taxation law, international employment, and the interpretation of employee status under Indian law, making it significant for tax practitioners and foreign companies operating in India. The ruling serves as a precedent for future cases involving foreign technicians and their tax obligations in India, reinforcing the necessity of clear employment terms and the implications for income tax assessments.... | |
| 2019 SLD 2564, 2019 PLJ 677 | ICA No. 36399 of 2019 , decided on 03.06.2019 | The Lahore High Court addressed the admissions process for medical and dental colleges in Pakistan, focusing on the Pakistan Medical and Dental Council's (PMDC) authority and actions. The case stemmed from a challenge against the PMDC's decisions regarding admission cut-off dates and the adjustment of students from de-notified colleges. The court found that the PMDC acted within its regulatory framework and did not discriminate against any institutions or students. The ruling emphasized the need for adherence to the academic calendar and the importance of following regulations regarding admissions and registrations. The court's decision reflected its commitment to ensuring fairness and maintaining the integrity of the medical education system in Pakistan. This case highlights the complexities of educational regulations and the necessity for regulatory bodies to navigate extraordinary circumstances while upholding established protocols.... |
| 2007 SLD 3117, 2007 PLJ 545 | Crl. Misc. No. 8910-CB of 2006 , decided on 20.11.2006 | In the case of Crl. Misc. No. 8910-CB of 2006 decided by the Lahore High Court, the court addressed the cancellation of pre-arrest bail granted to Muhammad Shafi. The court found that the factors justifying the bail were insufficient, particularly given the serious nature of the charges under the Criminal Procedure Code and Pakistan Penal Code, including murder. The court noted the absence of enmity between the parties, yet found that the respondent's age did not constitute a valid reason for bail, especially as he appeared to be in good health. The decision underscores the court's commitment to uphold the law and ensure accountability within the police force, as inquiries were mandated regarding the misconduct of a police officer involved in the case. This case highlights key legal principles in criminal law regarding bail and the responsibilities of law enforcement. Keywords: Lahore High Court, bail cancellation, Criminal Procedure Code, Pakistan Penal Code, accountability, legal pri... |
| 2018 SLD 872, 2018 YLR 848 | Suit No. 381 of 2003 , decided on 19.01.2018 | In the case of Mal Nigran Welfare Association v. Government of Sindh, the Sindh High Court addressed a suit filed for the specific performance of an agreement concerning the allotment of plots in the new Sabzi Mandi. The plaintiff, a welfare association, sought directions for the allotment of plots to its members, claiming they had occupied spaces in the old Subzi Mandi. The court scrutinized the aims and objectives of the association under the Societies Registration Act, 1860, and found them lacking substance, noting that the association had failed to establish any dispensary or health center as claimed. Furthermore, the court emphasized the necessity for proper authorization and documentation to substantiate the claims made by the plaintiffs. Ultimately, the court concluded that the suit was not maintainable and dismissed it, underscoring the importance of adhering to legal requirements for associations and their representatives. This case highlights critical aspects of legal complia... |
| 2010 SLD 1119, 2010 PLJ 346 | Civil Revision No. 993-D of 1994/BWP , decided on 08.04.2009 | This case revolves around a dispute concerning the inheritance rights of Mst. Zainab, the daughter of Muhammad Ramzan, who was excluded from a mutation of inheritance favoring her brother, Allah Wasaya. The Lahore High Court examined the legality of the mutation and the validity of the custom of pagwanda, which was used to justify the exclusion of daughters from inheritance. The court emphasized that inheritance rights under Islamic law are automatic upon death, and any fraudulent actions to deprive rightful heirs of their shares are void. The ruling underscores the importance of evidence in proving customs and affirms the principle that limitations do not apply to fraudulent transactions. This case is significant for individuals seeking to assert their inheritance rights, particularly in contexts where customs may be misapplied to disadvantage female heirs. Keywords related to inheritance rights, civil procedure, and fraud in legal transactions are essential for understanding the impl... |
| 2004 SLD 3460, 2004 PLJ 1014 | W.P. No. 708 of 2004 , decided on 17.03.2004 | This case revolves around the compliance of Kohat Cement Company Ltd. with the requirements set by the Monopoly Control Authority under the Monopoly & Restrictive Trade Practices Ordinance, 1970. The petitioner contended that they had not received proper notice of the proceedings against them, which led to penalties imposed for non-compliance. The Lahore High Court, however, upheld the authority's actions, stating that the commission had the right to demand information as per the Ordinance. The court emphasized the importance of compliance with regulatory requirements in maintaining fair trade practices. The decision highlights the legal obligations of corporations under trade regulations and the enforcement powers of regulatory bodies. The ruling reinforces the necessity for companies to adhere to information requests from authorities to avoid legal and financial repercussions.... |
| 2022 SLD 2155 = 2022 CLD 1051 | Appeal No. 6 of 2021 , decided on 06.07.2021 | In the case of Madina Breeding (Pvt.) Limited versus Sindh Environmental Protection Agency, the Sindh High Court addressed the validity of an Environmental Protection Order that mandated the immediate closure of a poultry farm. The order was contested by Madina Breeding, which argued that it had complied with environmental regulations and that the closure order was beyond the authority of the Director General of SEPA. The court highlighted that under the Sindh Environmental Protection Act, only the Environmental Protection Tribunal has the authority to issue such closure orders after due process. The court ruled in favor of the appellant, allowing them to present an Environmental Audit report and Management Plan within a specified timeframe. This case illustrates the complexities of environmental law compliance and the legal protections available to businesses against arbitrary administrative actions. Key terms include environmental protection, compliance, legal authority, and procedur... |
| 1991 SLD 2048, (1991) 192 ITR 391 | This case revolves around the interpretation of specific provisions of the Income-tax Act, 1961, particularly sections 269UC and 269UL, which relate to the transfer of immovable property. The petitioner, A. Harikrishnan, challenged the legality of a court auction sale on the grounds that it violated these provisions, which were designed to ensure that property valued over Rs. 10 lakhs could only be sold after an agreement for transfer was made and with the approval of the Central Government. The court ruled that these provisions do not apply to auction sales conducted by the court, as such sales do not involve a willing seller or a formal agreement. This decision underscores the legal distinction between private sales and court-ordered sales, highlighting the unique procedural requirements that govern each type of transaction. The ruling emphasizes that the rights of the decree-holder to execute a sale in court are not impeded by the provisions aimed at regulating private sales, thus e... | |
| 1973 SLD 171, 1973 SCMR 510 | Civil Petition for Special Leave to Appeal No. 475 , decided on 29.06.1973 | This case revolves around the interpretation of the Displaced Persons (Land Settlement) Act, particularly section 11, concerning the finality of administrative orders. Abdul Hamid challenged the allotment of land made to Aziz Bakhsh, asserting that the original order was flawed due to alleged excess allotment. The Supreme Court examined the procedural history, emphasizing that the order made by Capt. M. A. Majid, an Additional Deputy Commissioner, had not been contested at any point, thus rendering it final. The court underscored the importance of adhering to procedural norms in administrative law, particularly regarding the finality of decisions made by delegated authorities. The case highlights the legal principles of administrative finality and the limits of challenging administrative decisions in subsequent proceedings. Keywords for this case include 'Displaced Persons Land Settlement Act', 'administrative law', 'finality of orders', and 'Supreme Court decisions'.... |
| 1993 SLD 55, 1993 PTD 425, (1965) 56 ITR 399 | Income-tax Reference No. 1 of 1964 , decided on 07.10.1964 | The case revolves around the interpretation of sections 10(2)(iii) and 10(2)(xv) of the Income Tax Act, 1922, regarding the deductibility of interest payments made by a company, Sandesh Ltd., on outstanding amounts related to the purchase of property. The Gujarat High Court concluded that such interest payments cannot be treated as business expenditures under the Act if they arise from an obligation that reflects the company's ownership rather than its trading activities. The court distinguished this case from others where interest on borrowed capital was deemed deductible due to its direct connection to business operations. The ruling highlights the importance of assessing the nature of transactions and the role of the taxpayer as either an owner or a trader when determining deductible expenses. This decision is critical for businesses seeking clarity on expense classifications for tax purposes, emphasizing the need for careful documentation and justification of claims made under the ... |
| 2000 SLD 669, 2000 PLD 26 | Constitutional Petition No.984 of 1999 , decided on 10.11.1999 | This case revolves around the legal principles of double jeopardy and the distinct nature of offences under the Prohibition (Enforcement of Hadd) Order, 1979 and the Customs Act, 1969. The petitioner, Sakhi Dost Jan, challenged the legality of his trial under two different statutes for allegedly committing related but distinct offences. The court assessed whether the principles outlined in Article 13 of the Constitution, which prohibits double punishment, applied to his case. The judges emphasized that the offences were not identical in nature and had different legal ingredients, allowing for separate prosecutions. This ruling is significant in clarifying how different laws can interact within the legal framework of Pakistan, particularly concerning drug-related offences and customs violations. The decision reinforces the boundaries of legal interpretations regarding double jeopardy and the applicability of various laws to specific criminal acts. The court's ruling also highlights the ... |
| 2009 SLD 3106 = 2009 PLC 292 | C.P. Nos.328-K and 334-K of 2008 , decided on 24.09.2008 | This case revolves around the applicability of the Provincial Employees Social Security Ordinance, 1965, to charitable organizations, specifically focusing on a school providing free education. The Supreme Court of Pakistan's decision highlighted the legal complexities faced by non-profit entities regarding employee registration under social security laws. The court's ruling is significant for educational institutions operating as charitable organizations, as it addresses the interpretation of 'Establishment' within the context of social security obligations. The case references previous rulings which clarified similar legal interpretations, providing a framework for future cases involving charitable institutions and social security requirements. Keywords such as 'charitable organization', 'social security law', 'educational institutions', and 'legal compliance' are essential for understanding the implications of this ruling. The case reflects ongoing discussions about the balance betw... |
| 2006 SLD 1522, 2006 PLD 302 | Civil Petition No.1579 of 2003 , decided on 30.01.2006 | This case revolves around the legal interpretation of the Punjab Local Councils (Tax on Transfer of Immovable Property) Rules, 1981, particularly concerning the timing of transfer tax liability in relation to property transactions. The auction purchaser, Ghulam Shabbir, contested the demand for transfer tax on a bus stand he purchased via public auction, arguing that the tax should not be levied until the sale-deed was registered. The Lahore High Court initially dismissed his petition but the Division Bench later ruled in his favor, stating that the transfer tax was due only upon registration of the sale-deed. The Supreme Court ultimately upheld this conclusion, clarifying the legal standards applicable to the transfer of immovable property and the corresponding tax obligations. This ruling is significant for auction purchasers and legal practitioners as it delineates the responsibilities of local councils in tax collection and the rights of property purchasers in relation to tax asses... |
| 1995 SLD 1360, 1995 PLC 605 | Appeal No. 428(R) of 1994 , decided on 13.12.1994 | In the case of Zulfiqar Ali Khan Awan, the Federal Service Tribunal reviewed the circumstances surrounding the appellant's compulsory retirement from service due to allegations of corruption. The appellant was initially absolved of charges during an inquiry, but later the Inquiry Officer determined he was guilty of taking illegal gratification. The Tribunal emphasized the need for stringent action in corruption cases and concluded that the punishment of compulsory retirement was appropriate given the context of the case, particularly in light of harsher penalties imposed on other officers involved in similar misconduct. This decision reflects the Tribunal's commitment to uphold integrity within the civil service and the importance of due process in disciplinary actions. The ruling serves as a precedent for similar cases involving allegations of corruption, ensuring that civil servants are held accountable for their actions while also considering the principle of proportionality in disc... |
| 2016 SLD 1561, 2016 PLJ 226 | Crl. Rev. No. 70 of 2015 , decided on 12.11.2015 | In the case of Crl. Rev. No. 70 of 2015, heard on 12.11.2015, the High Court addressed the dismissal of an acquittal application concerning several petitioners accused in FIR No. 124/2013. The court ruled that both the prosecution and defense must have the opportunity to present their evidence. The case involved serious allegations under the Pakistan Penal Code, including sections related to abduction and sexual offenses. The court found that the petitioners were specifically named in the FIR and that there was enough evidence to warrant the continuation of the prosecution. This ruling underlines the principles of criminal jurisprudence that ensure a fair trial and the right of both parties to present their cases. Keywords: criminal law, acquittal, FIR, Pakistan Penal Code, judicial review, prosecution's case, defense rights.... |
| 2008 SLD 2165, 2008 CLD 356 | I.C. A. No.131 of 2004 , decided on 01.11.2007 | The case of I.C. A. No.131 of 2004 revolves around the Punjab Privatization Board's decision to re-auction a property after the initial highest bid was made by Muhammad Younas Malik. The Lahore High Court addressed the issues of contract law, judicial review, and the powers of the government in public contracts. The court examined whether the acceptance of the bid was valid without proper communication and found that the board's decision to re-auction was justified to protect public interest. The ruling emphasized the principles of transparency and fairness in government dealings, aligning with constitutional provisions regarding public contracts.... |
| 1985 SLD 1096, (1985) 153 ITR 626 | TAX CASE NO. 164 OF 1983 | In the case of M.A. Murugappan v. Commissioner of Wealth Tax, the Madras High Court addressed the validity of reassessment proceedings under the Wealth-tax Act, 1957. The court considered whether the internal audit report provided sufficient information to justify the reopening of the assessment. The case revolved around the taxpayer's claims of residency status and related tax deductions. The court determined that the audit report highlighted necessary factual corrections and thus constituted valid grounds for reassessment. As such, the court dismissed the petition, reinforcing the importance of accurate reporting in tax matters and the authority of audit findings in tax assessments. This case serves as a significant precedent regarding the interpretation of reassessment provisions and the criteria for valid information under tax laws, emphasizing the critical role of compliance and accuracy in wealth tax reporting.... |
| 1989 SLD 1867, 1989 SCMR 1724 | Criminal Petitioner Leave to Appeal No.120/R of 19 , decided on 26.07.1989 | In the case of Lt. Gen. (Rtd.) Fazlehaq vs. The State, the Supreme Court of Pakistan dealt with a petition for leave to appeal concerning the denial of bail before arrest. The Court highlighted that since the petitioner had already been arrested, the question of bail before arrest had become irrelevant. It underscored the necessity of considering various factors that would influence any future relief the petitioner might seek, such as the current status of investigations and the availability of other accused individuals. The Court ultimately refused the leave to appeal, stating that the matter should be handled by subordinate courts, which are better positioned to evaluate the intricate details of the case. The ruling aimed to prevent any prejudicial impact on the ongoing proceedings related to the petitioner's arrest and the subsequent petitions for bail after arrest. The decision was firmly rooted in established case law surrounding bail and the procedural norms governing such matter... |
| 2015 SLD 1796, 2015 PTCL 132, 2015 PTD 2480, (1978) 113 TAX 33 | Custom Appeal No. 119/PB of 2011 , decided on 03.12.2014 | In the case of Khyber Tea and Food Company vs. The Collector of Customs, the Customs Appellate Tribunal addressed a significant legal dispute over the seizure of black tea by customs authorities. The tribunal examined the documentation provided by the appellant, which included sales tax invoices and goods declarations, demonstrating lawful import and possession of the seized goods. The case highlighted the procedural lapses by customs officers during the seizure process, including failure to issue necessary notices and provide opportunities for the appellant to defend against claims of smuggling. Ultimately, the tribunal ruled in favor of the appellant, emphasizing the necessity for customs officials to adhere strictly to legal protocols and the importance of maintaining transparency in the adjudication process. This case serves as a critical reference point for similar disputes involving customs enforcement, import regulations, and the rights of importers under Pakistani law.... |
| 1951 SLD 129, (1951) 19 ITR 182 | D-2741 of 1948 , decided on 01.01.1951 | In the case Executors of the Estate of J.K. Dubash v. Commissioner of Income Tax, the Supreme Court of India addressed critical issues surrounding the taxation of business succession under the Indian Income-tax Act, 1922. The case arose from the executors' contention that they were merely winding up the deceased's business and that succession only occurred at the time of sale, not at the testator's death. The Supreme Court clarified that upon the death of J.K. Dubash on April 9, 1942, the business, as per the will, vested in the executors, establishing their status as assessees for tax purposes. The Court emphasized that the provisions of the Income-tax Act focus on the person carrying on the business rather than strict ownership definitions. This landmark decision underscores the importance of understanding succession in the context of tax liability, providing significant insights into how executors of estates can be treated under tax laws. Key phrases like 'business succession', 'Ind... |
| 2007 SLD 1046, (2007) 288 ITR 523 | ... | |
| 2002 SLD 1158, 2002 SCMR 366 | Civil Appeal No. 1347 of 1995 , decided on 19.09.2001 | This case involves a civil appeal concerning an arbitration award related to a construction dispute between Waheed Brothers (Pakistan) Ltd. and Izhar (Pvt.) Ltd. The Supreme Court of Pakistan addressed issues surrounding the execution of the modified arbitration award and the claims made by the appellant regarding set-off and the execution application filed by the respondent. The court emphasized the significance of arbitration in expediting dispute resolution and clarified the nature of the court’s role in reviewing arbitration awards. It determined that the lower courts had appropriately assessed the facts and that the modified award was binding upon the parties. This decision reinforces the principles of arbitration and the necessity for parties to adhere to agreed terms.... |
| 1994 SLD 606 = 1994 PLC 232 | Appeals Nos. 129 and 127 of 1993 , decided on 16.01.1994 | In a landmark case before the Labour Appellate Tribunal of Punjab concerning employment disputes, the court examined the classification of Muhammad Khalid, who was appointed as a Junior Clerk on an ad hoc basis. His employment was initially for six months, which was extended but ultimately terminated upon the return of a permanent employee. Khalid challenged his termination, arguing that he was entitled to the benefits under the Industrial Relations Ordinance, 1969. However, the Tribunal clarified that he did not qualify as a 'workman' under the relevant laws, as he was a civil servant. The court's ruling emphasized the distinction between civil servants and workers, underscoring the importance of understanding employment classifications in labor law. This case highlights critical legal principles surrounding employment rights and the applicability of labor laws. Keywords such as 'employment law', 'labor rights', 'industrial relations', and 'civil servant classification' are essential ... |
| 1949 SLD | D-2741 of 2016 , decided on 01.01.2022 | This case revolves around critical legal issues that were presented in the hearings. The court's decision is a landmark ruling that clarifies various legal principles, emphasizing the importance of proper legal representation and adherence to the law. The ruling also addresses significant concerns regarding the legal process and the rights of the parties involved. As such, it serves as an essential reference for similar legal matters in the future. The case highlights the role of the judiciary in interpreting laws and ensuring justice is served. Aspects of legal representation, court procedures, and the implications of this ruling are crucial for understanding the broader legal landscape.... |
| 1991 SLD 983 = 1991 SCMR 472 | Civil Petition No. 63-R of 1989 , decided on 31.01.1990 | In the landmark case of Civil Petition No. 63-R of 1989, the Supreme Court of Pakistan addressed crucial issues regarding seniority and the entitlement to arrears of pay for civil servants. The petitioner, a civil servant who was overlooked for promotion in favor of a junior officer, argued that he had been granted increments and seniority over his junior, thereby creating a vested right in his favor. The case hinged on the interpretation of Article 212(3) of the Constitution of Pakistan, which deals with the rights of civil servants. The court's decision to grant leave to appeal reflects the importance of ensuring fair treatment and recognition of service rights within the civil service framework. Key cases referenced, including Muhammad Athar v. Pakistan, provided precedent for the argument that the petitioner should receive all due benefits retroactively, akin to having served in a higher position. This case emphasizes the need for transparency and equity in civil service promotions... |
| 2014 SLD 68, 2014 PLD 504 | Suit No. 205 of 2014 , decided on 21.05.2014 | In the case of K Electric Limited vs. Federation of Pakistan, the Sindh High Court addressed the complexities surrounding arbitration agreements in the context of constitutional disputes. K Electric sought to draw 650 MW from the national grid but faced limitations imposed by a decision from the Council of Common Interests, which had reduced their supply quota. The Court emphasized that when a dispute raises significant constitutional questions, it must be resolved within the judicial system rather than through arbitration. This decision underscores the primacy of constitutional law and the limitations of arbitration in matters that involve questions of constitutional validity. The ruling also highlights the importance of jurisdictional authority, clarifying that arbitrators cannot adjudicate on constitutional matters. This case serves as a pivotal reference for future disputes involving arbitration agreements and constitutional issues, reinforcing the judicial system's role in maintai... |
| 1982 SLD 343, 1982 SCMR 466 | Civil Petition for Special Leave to Appeal No. 102 , decided on 02.02.1981 | In the case of Civil Petition for Special Leave to Appeal No. 1022 of 1975, the Supreme Court of Pakistan addressed a dispute regarding the ownership of a basement situated at House No. BE. IV. 41-S-12. The petitioners, Muhammad Tufail Aftab and another, contended that the basement was part of their transferred property. However, three officers from the Settlement Department had previously determined that the basement belonged to the adjoining property, House No. SE. IV 41-S-10. The High Court, upon reviewing the case, concluded that it lacked jurisdiction to question the factual findings established by the Settlement Department. As a result, the petitioners' appeal was dismissed, and the Supreme Court confirmed this decision, emphasizing the importance of jurisdiction and adherence to factual determinations made by administrative bodies. This case highlights the legal principles surrounding property rights, jurisdiction, and the authority of settlement officers in Pakistan. Keywords: ... |
| 1983 SLD 481, 1983 SCMR 969 | Criminal Appeal No. 88 of 1979 , decided on 07.06.1983 | In the landmark case of Muhammad Yaqoob vs The State, the Supreme Court of Pakistan examined the nuances of self-defense under the Penal Code. The case revolves around a tragic incident where a young boy, Muhammad Yaqoob, only 15 years old at the time, was accused of murdering Muhammad Bashir. The court considered the context of the case, including the background of the accused and the deceased, the nature of the injuries inflicted, and the circumstances leading to the incident. The court acknowledged that the appellant was acting in self-defense against an alleged sexual assault but recognized that the force used was excessive. This decision highlights the complexities of self-defense claims, particularly in cases involving minors and allegations of sexual violence. The ruling serves as a significant precedent in criminal law, emphasizing the need for context in determining the appropriateness of defensive actions. This case has implications for future self-defense claims, particularl... |
| 1968 SLD 185, (1968) 70 ITR 328 | IT REFERENCE No. 152 OF 1963 , decided on 09.08.1967 | In the case of Karam Chand Thapar and Bros. Private Ltd. vs. Commissioner of Income Tax (Central), the Calcutta High Court addressed the issue of whether the losses from the sale of shares were capital losses or revenue losses. The Income Tax Officer initially disallowed the losses, asserting that the company was not a dealer in shares and that the sales were not genuine. However, the Appellate Assistant Commissioner disagreed, recognizing the company as a dealer in shares but ultimately classified the losses as capital losses based on the nature of the holdings and the context of the transactions. The Tribunal affirmed this decision, highlighting that the shares were shown as investments in the balance sheet and had been held for a significant period. The court's decision underscores the importance of intent and classification in tax law, particularly in the context of capital versus revenue losses. This case is significant for tax practitioners and companies involved in share trading... |
| 2018 SLD 894, 2018 YLR 884 | W.P. No. 481-D of 2015 with C. Misc. No. 505-D/201 , decided on 19.12.2017 | The case revolves around the partition of land as per the Khyber Pakhtunkhwa Land Revenue Act, 1967. Petitioners challenged the legality of the order passed by the Board of Revenue, which remanded the case back to the Deputy Commissioner for a fresh decision. The court upheld that the Board of Revenue, being the apex body in the revenue hierarchy, had the authority to correct lower forum decisions. The importance of adhering to established timelines for appeals was highlighted, and the court reiterated that legal objections could still be raised in subsequent hearings. The case illustrates the complexities of land revenue law and the procedural safeguards designed to ensure fair adjudication in land disputes.... |
| 2003 SLD 3583, (2003) 260 ITR 167 | D-2741 of 2016 , decided on 31.01.2003 | The case revolves around the interpretation of the Income-tax Act, 1961, specifically sections regarding the carry forward and set-off of business losses in the context of a merger of four co-operative societies into the Rajasthan Rajya Sahakari Spg. & Ginning Mills Federation Ltd. The Rajasthan High Court ruled that the federation, being a new entity post-merger, could not claim the losses incurred by the now-defunct societies. The court clarified that the definition of 'assessee' in the Act does not allow for the merging of identities in a way that would permit the sharing of losses. The decision underscores the legal distinctions between co-operative societies and companies under tax law, highlighting that the absence of explicit provisions for co-operatives in the Act meant that they do not enjoy the same benefits as companies after mergers. This case is significant for tax law practitioners and co-operative entities as it delineates the limitations of loss carry-forward provisions... |
| 1981 SLD 14, 1981 PTD 22, (1980) 42 TAX 62 | I. T. As. Nos. 1200/KB and 1201/KB of 1978-79 , decided on 01.07.1980 | This case revolves around the appeals filed by East and Export Limited against the Income Tax Officer's decision regarding the assessment of income and the imposition of penalties for non-compliance. The tribunal examined the nature of the substituted service of notices and whether the Income Tax Officer acted within his legal rights. The tribunal found that the service of notice was not executed in accordance with the prescribed procedures, leading to a decision that annulled the ex parte assessment. The case highlights the critical aspects of legal representation in tax matters and the significance of proper notice service as mandated under the relevant laws. The tribunal's decision reinforces the principle that procedural fairness must be maintained in tax assessments, ensuring that taxpayers are given a fair opportunity to present their case. This case serves as a precedent for similar future tax-related disputes, emphasizing the need for compliance with legal protocols in administ... |
| 2023 SLD 6624 | CIVIL PETITIONS NO.648-L, 649-L and 650-L OF 2021 | This case addresses critical issues regarding taxation under the Income Tax Ordinance, 2001, particularly focusing on Section 111(1)(d). The Supreme Court's examination of the facts and legal arguments presented by both parties sheds light on the complexities of tax law and its enforcement in Pakistan. The court's ruling is expected to influence not only the immediate parties involved but also set a precedent for future cases. Key themes include the balancing of regulatory compliance with taxpayer rights, the interpretation of tax provisions, and the role of the judiciary in resolving disputes arising from tax assessments. This case is essential for legal practitioners, tax advisors, and policymakers aiming to understand the nuances of income tax law and its application in various contexts. It highlights the necessity for clear guidance and interpretation of tax laws to avoid ambiguities that could lead to disputes. With the ongoing evolution of tax legislation, this ruling serves as a... |
| 1994 SLD 1266, 1994 CLC 633 | Writ Petition No. 22-R of 1988 , decided on 23.11.1993 | In the case of Writ Petition No. 22-R of 1988, the Lahore High Court addressed the complexities surrounding property resumption under the Settlement Scheme No. VIII. The controversy arose when Muhammad Hayat Khan petitioned against the Administrator of Residual Property, claiming rights to two plots he believed were improperly transferred to him. The court examined the legal requirements for property resumption, particularly the necessity for prior notice to alleged defaulters before any resumption actions could take place. The court found that the prior auction of the plots had been confirmed and that the respondents had not been given due process regarding the payment of the auction price. The lack of a formal cancellation of the auction or a demand notice meant that the plots were not available for transfer under the Resumed Property Scheme. The decision underscored the principles of natural justice and the legal protections afforded to auction purchasers, thereby highlighting the c... |
| 1975 SLD 751 = (1975) 101 ITR 796 | Civil Appeal No. 2129 of 1970 , decided on 17.09.1975 | The case of Indian Chamber of Commerce v. Commissioner of Income-tax addresses the interpretation of 'charitable purpose' under the Income-tax Act, 1961. The Supreme Court examined whether certain income-generating activities of the Indian Chamber of Commerce, such as arbitration fees and certificates of origin, could be classified as charitable purposes exempt from taxation. The Court emphasized that the definition of charitable purpose must not involve activities for profit. This landmark ruling clarifies the requirements for tax exemption for organizations claiming charitable status. The decision is crucial for chambers of commerce and similar entities in understanding their tax obligations while promoting public utility without profit-driven motives. Keywords: charitable purpose, tax exemption, Income-tax Act, 1961, Supreme Court, arbitration fees, public utility, non-profit activities.... |
| 1991 SLD 403, 1991 PLC 512 | Writ Petition No. 6645 of 1990 , decided on 23.12.1990 | In the case of Writ Petition No. 6645 of 1990, the Lahore High Court addressed the matter of a Lower Division Clerk, Muhammad Iqbal Butt, who was aggrieved by a directive from the Government of Pakistan instructing the suspension from WAPDA. The court found that the dispute regarding service terms fell under the jurisdiction of the Service Tribunal as outlined in the Service Tribunals Act and the Constitution of Pakistan. The court held that the petitioner could not pursue a constitutional petition as no final order of suspension had been issued. The decision reinforced the necessity of following procedural norms before appealing to the Tribunal. This case highlights the importance of jurisdictional boundaries in service-related disputes and the procedural requirements for seeking legal remedies in administrative matters.... |
| 1981 SLD 371, 1981 SCMR 645 | Civil Petition for Special Leave to Appeal No. 208 , decided on 11.02.1978 | In the case of SAQLAIN vs. Mst. HAZRA BEGUM AND 2 others, the Supreme Court of Pakistan addressed the issue of property ownership under the Displaced Persons (Compensation and Rehabilitation) Act. The primary legal question was whether the property in dispute comprised one house or two separate houses. The Court emphasized that such factual determinations are under the exclusive jurisdiction of the Settlement authorities and should not be subject to judicial interference unless a clear error of law is demonstrated. The ruling confirmed that the Assistant Settlement Commissioner had the authority to resolve disputes regarding property claims, and the findings made were upheld, reinforcing the importance of adhering to established legal procedures in property disputes. This case highlights the complexities of property law in the context of displaced persons and the role of judicial review in administrative determinations. Key terms include property law, settlement authority, judicial rev... |
| 1982 SLD 181, 1982 SCMR 167 | Civil Petition for Special Leave to Appeal No. 64- , decided on 26.03.1979 | This case involves a dispute between Sahibzada K. A. K. Afridi, the petitioner, and Pakistan International Airlines Corporation regarding the termination of employment. The Supreme Court of Pakistan evaluated the legal definitions of 'workman' under the relevant labor laws, specifically the West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance and the Industrial Relations Ordinance. The court underscored the importance of the nature of the duties performed by the petitioner and ruled in favor of allowing the appeal due to significant public interest in labor rights and the definition of workman. This decision emphasizes the rights of employees and the importance of proper legal recourse for grievances in employment termination cases, establishing a precedent for future cases involving labor rights and definitions of workman status.... |
| 1995 SLD 507, 1995 SCMR 127 | Criminal Appeals Nos. 220 and 221 of 1992 , decided on 18.10.1994 | In the notable case of Criminal Appeals Nos. 220 and 221 of 1992, the Supreme Court of Pakistan addressed critical issues concerning the reliability of eyewitness testimony and procedural integrity in criminal investigations. The case revolved around the murder of Mian Ejaz Ahmad, with the appellants convicted based on testimonies that later proved unreliable. The court highlighted the significance of timely reporting of crimes and the necessity for eyewitnesses to provide consistent and corroborative accounts. Furthermore, it underscored the importance of proper identification procedures in ensuring the integrity of the judicial process. The Supreme Court's decision to acquit the appellants reflects its commitment to upholding justice and the standards of evidence required in criminal law. This case serves as a pivotal reference for future legal proceedings involving eyewitness reliability and procedural compliance in Pakistan. Keywords: eyewitness testimony, criminal law, procedural ... |
| 2000 SLD 856, 2000 SCMR 941, 2000 SLD 1268 | Civil Petition No. 342-L of 1999 , decided on 23.11.1999 | In the case of Civil Petition No. 342-L of 1999, the Supreme Court of Pakistan deliberated on significant legal questions concerning the applicability of the Punjab Pre-emption Act (I of 1913) regarding a suit land that was under the jurisdiction of a Development Authority. The central issues revolved around whether the right of pre-emption was available against colony land and the implications of the Civil Judge's pecuniary jurisdiction. The court's decision upheld the Lahore High Court's ruling, indicating that the pre-emption suit filed by Mst. Nasima Faiz was valid and not hindered by procedural defects. This case highlights the complexities of property rights and pre-emption in Pakistan's legal landscape, as it navigates through various judicial interpretations and legislative provisions. The ruling reinforces the importance of jurisdictional competence and adherence to statutory requirements in the adjudication of civil disputes related to land ownership and pre-emption.... |
| 1960 SLD 361, 1960 PLD 64 | Appellate Side No. 75 of 1958 , decided on 07.09.1959 | In the case of Syed Masud Shah vs Chanar, decided by the West Pakistan Board of Revenue on September 7, 1959, the issue revolved around the appointment of a Lambardar following the dismissal of the previous Lambardar, Jalat. The Collector's decision to appoint Syed Masud Shah was challenged on the grounds that he did not consider the claims of the dismissed Lambardar's heirs, particularly Chanar, who had more property and was reported to be of good character. The Board found that the Collector's order lacked justification and failed to adhere to the necessary legal standards for such appointments. The decision underscores the importance of thorough evaluation and fair treatment in administrative appointments, particularly in matters involving public office and property rights. This case highlights the legal principles surrounding administrative law and the responsibilities of public officials in making fair appointments. Keywords: Lambardar appointment, administrative law, public offic... |
| 1985 SLD 341, 1985 SCMR 27 | Civil Petition for Special Leave to Appeal No. 782 , decided on 15.08.1984 | In the case of Abdul Latif Niazi v. Punjab Province, the Supreme Court of Pakistan examined the jurisdiction of Service Tribunals under the Punjab Service Tribunals Act, 1974, and the implications of reinstatement of civil servants on ongoing appeals. The Court ruled that certain proceedings in civil courts were not abated by the establishment of Service Tribunals, particularly when those proceedings involved orders issued before the establishment of the Tribunal's jurisdiction. The decision highlighted the importance of timely objections and the necessity for appeals to be decided on their merits rather than procedural technicalities. This case underscores the delicate balance between administrative actions and judicial review, particularly in the realm of public service and employment law. Keywords include Service Tribunals, reinstatement, civil appeal, administrative law, and judicial review.... |
| 1991 SLD 68, 1991 PTD 238 | D-2741 of 1989 , decided on 07.03.1989 | This case revolves around the reassessment of income and wealth tax for two Hindu undivided families, Gulabrai Hanumanbux and Keshoram Radheshyam, regarding a property purchased in 1965 and developed between 1968 and 1971. The families disclosed all relevant facts to the tax authorities, including the construction costs and details about the property. After the completion of assessments, the Revenue sought to reopen these assessments based on a claim that the property was undervalued. The Gauhati High Court held that the reassessment notices were invalid, emphasizing that the petitioners had fulfilled their duty to disclose material facts and that the Revenue could not change its opinion based on a later report. This case highlights the importance of transparency in tax disclosures and the limits of reassessment powers by tax authorities, ensuring that once assessments are finalized, they cannot be reopened without substantial new evidence. Key trending keywords include 'Income Tax Act... |
| 2022 SLD 6435 | W.P. NO. 50314 of 2022 | ... |
| 1989 SLD 1305, 1989 PLC 410 | G4(L) of 1983 , decided on 19.01.1989 | In the case of Qazi Muhammad Inayatullah vs. Chairman WAPDA, the Federal Service Tribunal addressed the validity of the premature retirement of the appellant. The appellant's claims were primarily based on allegations of mala fides stemming from past conflicts with an Executive Engineer. The Tribunal examined the authority's actions under section 17(1-A) of the WAPDA Act, which permits retirement without assigning reasons. The Tribunal highlighted the importance of substantiating claims of mala fides with clear evidence, a requirement not met in this case. Furthermore, the appellant's service record was scrutinized, revealing multiple instances of misconduct and negligence, which justified the authority's decision to retire him. The Tribunal ultimately ruled that the retirement order did not suffer from mala fides and dismissed the appeal, underscoring the statutory powers of the authority in such matters.... |
| 1985 SLD 254, 1985 PLD 274 | Civil Appeal No. 15-P of 1976 , decided on 15.05.1985 | This case revolves around the intricate issues of inheritance and customary law within the context of the Supreme Court of Pakistan's ruling. The court examined whether the succession opened from Niaz Muhammad Khan or Khawaja Muhammad Khan, focusing on the rights of the widows and daughters. The decision emphasized that custom must be established inductively, rather than through logical deduction, and clarified the roles of the parties involved in the inheritance dispute. The court underscored that the widow's entitlement to a share in the estate was not limited to maintenance but was based on the custom applicable to the parties' tribe. This ruling has significant implications for similar cases involving customary law and inheritance rights in Pakistan, making it a crucial reference point for future legal disputes. The decision also highlighted the importance of presenting all relevant claims and defenses at the appropriate stages of litigation, reinforcing the procedural rigor requir... |
| 2011 SLD 1801, 2011 PLC 1086 | Civil Petition No.402-K of 2008 , decided on 11.11.2008 | This case revolves around the legal proceedings involving Syed Dilawar Madad, who was employed by a statutory corporation and faced compulsory retirement that was later converted to demotion. The Supreme Court of Pakistan evaluated the legitimacy of the actions taken under the Removal from Service Ordinance, emphasizing the necessity for timely representations against penal actions. The court's ruling reflects the critical nature of compliance with procedural regulations and the implications of delays in challenging administrative decisions. The case underscores the significance of understanding the limitations and timelines set out in legal frameworks applicable to civil servants, specifically regarding appeals and departmental representations. Keywords: Removal from Service Ordinance, legal representation, Supreme Court of Pakistan, procedural compliance, demotion, employment law.... |
| 2017 SLD 1475, 2017 CLD 767 | Appeal No. 39 of 2014 , decided on 19.02.2015 | In this case, the Securities and Exchange Commission of Pakistan dealt with an appeal regarding the failure of Pak Chromical Limited to disclose the remuneration of its Chief Executive and Directors in compliance with the Companies Ordinance, 1984. The case highlights the importance of transparency and compliance with corporate governance regulations. The Commission emphasized that even in a family-owned public limited unlisted company, the management holds the ultimate responsibility to ensure adherence to legal requirements. The decision reinforces the principle that statutory obligations cannot be overlooked, and penalties can be imposed for non-compliance. This case serves as a reminder for companies to prioritize legal compliance to avoid penalties and maintain integrity in financial reporting.... |
| 1992 SLD 579, 1992 CLC 108 | Civil Revision No. 97/1991 , decided on 26.09.1991 | In the landmark case of Civil Revision No. 97/1991, the Quetta High Court addressed significant issues surrounding the jurisdiction and decision-making processes of the Majlis-e-Shoora in Kalat. The case revolved around a dispute concerning land ownership between petitioners Ahmed Hussain and others, and respondents Muhammad Ramzan and others. The petitioners claimed ownership of certain land that had been wrongfully recorded in the names of the respondents during a recent settlement. The trial court initially dismissed the petitioners' claims, prompting an appeal to the Majlis-e-Shoora. The Majlis-e-Shoora's decision to reverse the trial court's ruling was challenged in the High Court, which ultimately found that the appellate court had exceeded its jurisdiction. This ruling underscores the importance of adhering to procedural fairness and appropriate jurisdiction in legal proceedings. The case also highlights the necessity for courts to provide a fair opportunity for parties to prese... |
| 2023 SLD 427, 2023 PLC 348 | C.Ps. Nos.967 to 969 of 2018 , decided on 31.03.2021 | In a significant ruling by the Balochistan High Court, the court addressed the constitutional petitions of several judicial officers challenging their promotions. The court reiterated the principle that judicial orders of higher courts are protected from being challenged under Article 199 of the Constitution. The petitioners alleged that their promotions were unjustly denied, but the court clarified that administrative decisions regarding promotions are not subject to constitutional review. This case emphasizes the separation of powers and the protection of judicial integrity, highlighting the importance of adhering to established legal precedents. The decision reinforces the principles of administrative justice within the judiciary, ensuring that promotions and appointments are conducted fairly and transparently. The ruling is pivotal for the subordinate judiciary, as it clarifies the limits of judicial review over administrative actions.... |
| 2014 SLD 1699 = 2014 CLC 643 | Writ Petition No.15445 of 2004 , decided on 12.06.2009 | In the case of Writ Petition No.15445 of 2004, the Lahore High Court addressed the issue of excess salary payments made to employees of the Civil Aviation Authority (CAA) over a period of three years. The petitioners challenged a directive from the Federal Government that mandated the recovery of these excess payments. The court ruled that it would be unjust to require the petitioners to return the funds, as they were disbursed by a competent authority and were not obtained through any fault of the employees. The ruling was based on equitable principles, particularly the doctrine of Locus Poenitentiae, which protects individuals from being penalized for receiving authorized benefits. This case highlights the importance of administrative fairness in employment matters and the protection of employees' rights against wrongful recoveries of payments. The decision sets a precedent for similar cases concerning salary disputes and the recovery of overpayments in public service.... |
| 2018 SLD 897, 2018 YLR 913 | Crl. Misc. No. 709/B of 2017 , decided on 15.11.2017 | In the case of Rubina Tabasum vs. The State, the Islamabad High Court addressed issues surrounding the right to bail under the Criminal Procedure Code, particularly in relation to the delay of trial. The petitioner, Rubina Tabasum, was seeking post-arrest bail after being incarcerated for over three years without a conclusion to her trial. The key arguments revolved around the fact that the petitioner was not named in the initial FIR, and significant delays were caused by the prosecution's inability to present witnesses. The court underscored the importance of expeditious legal proceedings, highlighting that the petitioner had been behind bars without any progress in her case. The decision set a precedent for future cases regarding the rights of the accused and the obligations of the prosecution to ensure timely trials. The case also referenced several other legal precedents that supported the decision, further solidifying the court's stance on ensuring justice is not delayed unnecessa... |
| 1999 SLD 377, 1999 SCMR 1148 | Civil Appeal No.585 of 1994 , decided on 19.06.1998 | In the case of Muhammad Rafiq vs. Pakistan Railways, the Supreme Court of Pakistan dealt with the issue of premature retirement of a civil servant. The petitioner, Muhammad Rafiq, applied for premature retirement due to domestic issues. However, he later attempted to withdraw his application before it was accepted. The court examined the timeline of events, including the submission of his withdrawal letter and the acceptance of his retirement request by the department. The Federal Service Tribunal ruled that the withdrawal letter was not received in time and dismissed Rafiq's appeal as time-barred. The Supreme Court upheld the tribunal's ruling, concluding that the department acted within its rights. This case highlights the importance of procedural compliance in employment matters and the binding nature of tribunal findings in Pakistan's legal framework.... |
| 1988 SLD 2811, 1988 SCMR 1855 | Civil Petition No. 112-R of 1987 , decided on 05.07.1988 | In the case of Civil Petition No. 112-R of 1987, the Supreme Court of Pakistan reviewed the dismissal of Abdul Ghafoor from service by the Federal Service Tribunal. The petitioner raised multiple arguments, asserting that the Tribunal failed to properly consider his submissions, shifted proceedings between officers, and did not observe due process during the inquiry. Nevertheless, the Supreme Court concluded that the Tribunal had adequately considered the arguments, and no substantial injustice occurred. The Court emphasized that the procedural flaws pointed out did not invalidate the Tribunal's decision, and as there was no significant question of law involved, the leave to appeal was denied. This case illustrates the principles of procedural fairness and the standards for judicial review in administrative matters. Keywords such as 'Supreme Court of Pakistan', 'dismissal from service', 'Federal Service Tribunal', and 'Punjab Service Tribunals Act' are relevant for SEO optimization, as... |
| 2005 SLD 370, 2005 CLD 1026 | Civil Appeal No.650 of 1997 and Civil Petition No. , decided on 02.04.2002 | In the Supreme Court of Pakistan, the case of Mehr Textile Mills Ltd. vs. Investment Corporation of Pakistan involved significant issues around the service of notice for winding up a company under the Companies Ordinance, 1984. The appellants contended that they were not properly served at the changed address of their registered office, while respondents claimed that notice was served through publication and direct notices. The Supreme Court ruled in favor of the appellants, emphasizing the need for fair legal processes and the right to defend against winding up proceedings. This case highlights the critical nature of proper notice in legal proceedings, affirming the principles of justice and due process. The court's decision to remand the case for a fresh hearing underscores the judiciary's commitment to ensuring that litigants receive a fair opportunity to present their case, free from procedural injustices.... |
| 2001 SLD 2241, 2001 PLC 634 | L. R. No. 23 of 2000 , decided on 18.06.2001 | In the case involving the Labour Appellate Tribunal, the core issue revolved around the interpretation of section 17 of the Payment of Wages Act, which governs the filing of appeals against orders of payment of wages. The Tribunal found that the Labour Court had erroneously dismissed the appeal on the grounds that it was not filed in person by the employer. The Tribunal highlighted that the language of the law did not prohibit representation by legal counsel, thus ensuring that procedural requirements do not obstruct access to justice. The case underscores the importance of allowing legal representation and the need for courts to focus on substantive justice rather than procedural technicalities. This ruling is significant for employers and employees alike, as it clarifies the rights to appeal and the manner in which appeals can be filed under the Payment of Wages Act, 1936.... |
| 1993 SLD 1655 = 1993 PLC 1085 | W.P. No. 845 of 1993 , decided on 25.01.1993 | In the case of Ghazanfar Ali vs D.E.O. (Male), Toba Tek Singh, the Lahore High Court addressed the constitutional jurisdiction under Article 199 of the Constitution of Pakistan (1973) concerning the transfer of a civil servant. The petitioner, Ghazanfar Ali, contested his transfer from Government High School No. 1 to Government Middle School, asserting that it was influenced by local political pressures rather than genuine administrative needs. The court, however, ruled that such transfer orders are not typically subject to judicial review unless there is substantial evidence to suggest that they were made on improper grounds. This case underscores the importance of administrative rights and the processes available to civil servants who feel aggrieved by their transfers. Keywords: administrative law, civil service transfers, constitutional jurisdiction, Lahore High Court, Pakistan law.... |
| 2018 SLD 1057, 2018 PCRLJ 512 | Cr. M.Q. No. 22-A of 2017 , decided on 13.07.2017 | In the case of Ahmad Shah vs. Agriculture Inspector, the Peshawar High Court addressed the unlawful sealing of a basement where fake fertilizer was found. The court examined the legal implications under the Khyber Pakhtunkhwa Fertilizer Control Act, revealing that the petitioner, Ahmad Shah, was merely the landlord and had no involvement in the illegal activity. The ruling emphasized the importance of lawful ownership rights and the responsibilities of regulatory authorities. This case underscores the balance between regulatory enforcement and individual property rights, highlighting the need for proper legal procedures when dealing with property seizures. The decision is significant for landlords and property owners, reaffirming their rights against unjustified state action. This ruling demonstrates the court's commitment to protecting lawful property use and ensuring that regulatory officials act within their legal bounds. Keywords: Khyber Pakhtunkhwa Fertilizer Control Act, property... |