Browse through our most recent case law additions
| Citation(s) | Details | Summary |
|---|---|---|
| 2020 SLD 631, 2020 PLD 136 | High Court Appeal No. 317 of 2019 , decided on 22.10.2019 | In this case, the Sindh High Court dealt with High Court Appeal No. 317 of 2019 concerning the Province of Sindh against M/S Pakrock Corporation (Pvt.) Ltd. The appeal was filed after the expiration of the limitation period, and the Court ruled that merely claiming an order was void does not exempt a party from adhering to limitation laws. The judgement underscored the importance of timely filing and the necessity for parties to substantiate claims of void orders. The decision emphasizes that the law assists those who are vigilant, not those who delay their legal recourse. This case serves as a critical reminder of the legal principles surrounding limitation periods and the necessity for parties to act promptly when seeking legal remedies. The ruling also highlights the role of legal representatives in ensuring adherence to procedural timelines.... |
| 2024 SLD 3503 | Writ Petition No. 7027/2022 , decided on 26.10.2023 | This case revolves around a writ petition filed by Ghazanfar Amin against the Province of Punjab regarding matters related to the Land Revenue Act of 1967. The Lahore High Court, Bahawalpur Bench, presided by Judge Tariq Saleem Sheikh, heard the case on October 26, 2023. The petitioner's advocate, Mr. A.R. Aurangzeb, presented the arguments while the Assistant Advocate General, Hafiza Mehnaz Nadeem Abbasi, represented the respondents. The court's decision focused on the interpretation and application of the Land Revenue Act and the Constitution of Pakistan, specifically Section 80 of the Land Revenue Act and Section 199(1)(a) of the Constitution. The ruling underlined the need for strict adherence to legal processes in land revenue matters, aiming to protect the rights of the petitioners. The case highlights the significance of judicial oversight in administrative actions related to land revenue and serves as a reference for similar future cases. Keywords: Land Revenue Act, Writ Petiti... |
| 1965 SLD 102, 1965 PLD 640 | Criminal Appeal No. 5-D of 1964 , decided on 24.06.1965 | The case revolves around the principles of criminal trespass as defined under the Pakistan Penal Code, particularly focusing on the intent required to constitute such an offence. The Supreme Court of Pakistan deliberated on the appeal brought forth by Jane Alam, who challenged her conviction for trespassing on land claimed by Mrs. Atika Yunus. The Court examined the evidence, which indicated that the appellant entered the property knowing it was in the possession of the complainant and began construction activities despite protests. The ruling emphasized the distinction between mere knowledge of potential annoyance and actual intent to annoy, concluding that the appellant's actions clearly demonstrated intent to disturb the complainant's possession. The decision reinforces the legal standards for determining culpability in trespass cases, highlighting that an intention to cause annoyance can be inferred from the circumstances surrounding the act. This case serves as a significant refer... |
| 1967 SLD 556, (1967) 66 ITR 175 | CIVIL MISCELLANEOUS WRIT No. 360 OF 1966 , decided on 21.09.1966 | In the case of Om Prakash Agarwal v. Income Tax Officer, the Allahabad High Court addressed critical issues concerning the Income-tax Act, 1961, particularly sections 220 and 221. The petitioner, Om Prakash Agarwal, challenged a penalty order imposed by the ITO for non-payment of assessed income tax during the pendency of an appeal. The court underscored the importance of the ITO's obligation to provide the assessee with a fair hearing and to consider any pending applications for stay of proceedings. The ruling established that an ITO must assess whether the taxpayer is in default, factoring in the taxpayer's appeal status and any extenuating circumstances. This case highlights the procedural safeguards afforded to taxpayers under the Income-tax Act, emphasizing the necessity of due process in tax enforcement actions. The decision reinforces the principle that tax authorities must act judiciously and transparently, ensuring taxpayers are not unduly penalized without proper consideratio... |
| 2020 SLD 626, 2020 PTD 687 | O.M. No. 0004 of 2018 , decided on 27.05.2019 | The case concerns the investigation by the Federal Tax Ombudsman into the rampant smuggling of non-duty-paid vehicles in Quetta, Pakistan. The Ombudsman, Mushtaq Ahmad Sukhera, conducted a thorough inquiry revealing significant operational challenges faced by law enforcement agencies, particularly the Frontier Corps and local police. Despite numerous raids and seizures of vehicles, the ongoing influx of smuggled vehicles indicated systemic failures in enforcement and cooperation. The report outlined recommendations aimed at improving the efficiency of anti-smuggling operations, including the establishment of a designated task force to coordinate actions among various agencies. The case underscores the complexities of combating smuggling in regions with porous borders and highlights the urgent need for a cohesive strategy to address these challenges effectively.... |
| 2023 SLD 84, 2023 PTD 241 | Civil Appeal No. 24 of 2015 , decided on 04.11.2022 | In the case of Pakistan Telecommunication Company Ltd. vs. Collector of Customs, Karachi, the Supreme Court of Pakistan addressed the complexities surrounding the Wealth Tax Act, 1963. The primary issue was the assessment of wealth tax on the appellant for the year prior to the previous year, specifically due to the non-filing of a wealth tax return. The Court held that the authorities were not empowered to issue a notice under Section 14(2) concerning a year prior to the previous year since the wealth had escaped assessment. Instead, they should have issued a notice under Section 17 of the Wealth Tax Act. This ruling underscores the necessity for tax authorities to comply with established legal frameworks and highlights the significance of the valuation date in wealth tax assessments. The decision not only clarifies the jurisdictional boundaries for tax assessments but also reinforces the legal principle that no provision of law should be rendered redundant. This case serves as a cruc... |
| 2020 SLD 465, 2020 MLD 226 | Writ Petition No. 182544 of 2018 , decided on 12.09.2019 | This case revolves around the interpretation of the Punjab Rented Premises Act, 2009, specifically regarding the concept of 'pagri' in tenancy agreements. The Lahore High Court addressed whether the landlord was obligated to return the pagri amount upon eviction and clarified that the pagri serves as a consideration for tenancy rights rather than a security deposit. The ruling established that the landlord must return the actual pagri amount as agreed upon during the tenancy, rather than a percentage of its current market value. This judgment reinforces the legal standing of pagri in rental agreements and underlines the importance of written agreements in clarifying terms related to tenancy, eviction, and financial obligations. The case sets a critical precedent for future disputes regarding rental agreements and tenant rights in Punjab, ensuring that landlords adhere to the statutory definitions and obligations outlined in the Punjab Rented Premises Act. Keywords such as 'Punjab Rente... |
| 2003 SLD 3315, 2003 PLD 522 | Regular First Appeal No. 87 of 1985 (Now First App , decided on 28.03.2003 | This case highlights critical aspects of arbitration law, particularly under the Arbitration Act (X of 1940). The Lahore High Court scrutinized the validity of an arbitration agreement where the arbitrator had a vested interest in the dispute. The court ruled that no individual should serve as a judge in their own cause, reaffirming principles of natural justice. The decision underscores the necessity for explicit authority in power of attorney documents when engaging in arbitration agreements. The ruling is pivotal for understanding the limitations imposed on arbitrators and the importance of impartiality in arbitration proceedings. Legal practitioners must ensure compliance with statutory provisions to uphold the integrity of arbitration. The case serves as a significant precedent for future arbitration disputes, reinforcing the need for clarity and specificity in legal authorizations and agreements.... |
| 2022 SLD 12, 2022 PTD 94 | S.C.R.A. No.203 and C.M.A. No. 1506 of 2019 , decided on 27.10.2021 | In the case of S.C.R.A. No.203 and C.M.A. No. 1506 of 2019, the Sindh High Court dealt with the Customs Act, 1969, focusing on the determination of customs value of imported goods. The petitioner, Universal Enterprise, challenged the decision of the Custom Appellate Tribunal, which had relied on an invoice retrieved from a consignment rather than the corrected invoice provided by the petitioner. The court emphasized the responsibility of the importer to substantiate claims regarding the value of goods. It was determined that the petitioner failed to prove the authenticity of the corrected invoice and thus, the original invoice's higher value was upheld. This case highlights the importance of proper documentation and the burden of proof on importers in customs valuation disputes. Keywords such as 'customs value', 'import goods', 'Customs Act', and 'burden of proof' are critical in understanding the implications of this ruling.... |
| 1987 SLD 855 = 1987 PLD 145 | Civil Appeals Nos. 157 to 166 of 1974 and Civil Ap , decided on 17.12.1986 | This case revolves around the constitutional jurisdiction of the Supreme Court of Pakistan concerning land allotment disputes. The Supreme Court examined multiple civil appeals concerning the High Court's decisions on land allotment issues, emphasizing the principles of res judicata and stare decisis. The Court's ruling underscores the significance of these doctrines in maintaining legal certainty while allowing for necessary flexibility in the application of law. The Court also analyzed the implications of previous decisions on current cases, noting that appellants who did not appeal to the Supreme Court were bound by the High Court's decisions. This case is pivotal in understanding the dynamics of land allotment law, constitutional rights, and the judicial process in Pakistan, making it a crucial reference for legal practitioners and scholars interested in property law, constitutional law, and the principles of judicial precedent.... |
| 1993 SLD 434, 1993 CLC 412 | First Rent Appeal No. 518 of 1989 , decided on 24.03.1992 | This case revolves around the interpretation of the Sindh Rented Premises Ordinance and the obligations of landlords and tenants regarding rent payments. The Sindh High Court addressed the appeal concerning the dismissal of an ejectment application by a landlord against a tenant. The crux of the issue was whether the tenant had defaulted in rent payments and if the landlord had a bona fide need for the premises. The court highlighted that the grace period for rent payments is contingent on mutual agreements, which do not necessarily need to be in writing. The court found that the tenant had consistently attempted to pay rent, and the landlord's refusal to accept payment was significant. The case also examined the implications of unauthorized construction and the need for landlords to substantiate claims of personal need for rental properties. Ultimately, the appeal was dismissed, reinforcing the legal protections afforded to tenants under the Sindh Rented Premises Ordinance. Keywords i... |
| 2016 SLD 827 = 2016 CLD 748 | Show Cause Notice No. 1(32) SMD/MSRD/C&W/2013 , decided on 30.09.2014 | This case revolves around Elixir Securities Pakistan (Private) Limited, which faced scrutiny from the Securities and Exchange Commission of Pakistan (SECP) due to violations of securities regulations. The SECP's inspection revealed that the brokerage failed to properly segregate clients' assets and was involved in the imposition of late payment charges, which was deemed a regulatory breach. The case highlights the critical importance of compliance with the Securities and Exchange Ordinance, 1969, and associated rules, emphasizing the responsibilities of brokers to protect client funds and maintain transparent operations. The Commission's decision to impose a penalty and mandate corrective actions serves as a reminder to all market participants about the necessity of adhering to established regulations to ensure a fair and efficient market environment. Keywords: securities regulation, brokerage compliance, client asset segregation, late payment charges, SECP, market integrity.... |
| 1979 SLD 709, (1979) 40 TAX 3 | , decided on 24.10.1972 | This case revolves around the interpretation of the Estate Duty Act, 1950, specifically concerning the treatment of gifts made by the deceased and their classification as property passing upon death. The key issue was whether the gift of Rs. 55,000 to the deceased's husband could be excluded from the estate's valuation. The Appellate Tribunal emphasized that all gifts are presumed to be property passing unless specific criteria are met, which include the gift being bona fide, made more than five years prior to death, and the associated gift tax being paid. The Tribunal concluded that the failure to meet even one of these conditions results in the gift being included in the estate valuation. Additionally, the case examined the valuation of a Consul 4 car, ultimately siding with the appellant's argument for a lower valuation. This decision is pivotal for understanding the nuances of estate duty and the implications of gift tax regulations in estate management.... |
| 2017 SLD 1615, 2017 PLD 497 | Suit Nos. 576, 577, 578, 579, 208, 580 of 2012 and , decided on 19.12.2016 | In the case involving multiple suits concerning arbitration agreements among family members, the Sindh High Court addressed the enforceability of an arbitration agreement dated 06-12-2011. The plaintiffs sought to have their disputes referred to arbitration but faced opposition based on the expiration of the agreement's validity on 30-06-2012. The court highlighted the importance of including all necessary parties in arbitration proceedings and ruled against extending the agreement's validity, emphasizing that the plaintiffs had already engaged in parallel legal proceedings, which were deemed more effective. This case underscores the complexities of arbitration law, particularly regarding the necessity of proper party inclusion and the implications of expired agreements under the Arbitration Act, 1940.... |
| 1982 SLD 662, 1982 SCMR 1192 | Civil Appeal No. K-114 of 1981 , decided on 18.05.1981 | This case revolves around the eviction of a tenant under the West Pakistan Urban Rent Restriction Ordinance. The landlord, Safdar Ali Tayab Ali, sought the eviction of the tenant, Messrs Hajee Bashir Textile Mill, due to non-payment of rent and unauthorized use of the leased property. The Rent Controller issued an ex parte eviction order after the tenant failed to appear in court. The tenant's subsequent appeals were dismissed, leading to an appeal in the Supreme Court. The court ultimately upheld the eviction order, citing the tenant's lack of interest and failure to comply with court procedures. The case highlights the importance of tenant compliance with legal obligations and the consequences of failing to defend against eviction proceedings. Keywords such as 'eviction proceedings', 'tenant rights', and 'rent control laws' are essential for understanding the legal landscape surrounding this case.... |
| 2009 SLD 1946, 2009 CLD 1466 | Adm. Appeal No.2 of 2007 , decided on 09.04.2009 | In the case of Adm. Appeal No.2 of 2007, the Sindh High Court addressed an appeal regarding an admiralty suit where the plaintiff claimed damages for injuries sustained while working on the ship M.T. Zalea. The plaintiff, under a contract with the owner of M.T. Vega, was assigned to M.T. Zalea, where he suffered face and eye injuries. The defendants argued that the suit should be dismissed as there was no cause of action against them. However, the court ruled that the claim fell within the scope of the Admiralty Jurisdiction of High Courts Ordinance, 1980, specifically addressing personal injury claims related to the operation of a ship. The court highlighted the need for a comprehensive examination of evidence during the trial to determine the validity of the claims against both the owners and agents of the vessels involved.... |
| 1973 SLD 172, 1973 SCMR 517 | Civil Petition for Special Leave to Appeal No. 408 , decided on 18.06.1973 | In the case of Province of Punjab vs Tajammal Hussain, the Supreme Court of Pakistan addressed the issue of the legality of terminating a government employee's service without due process. The case revolved around a temporary employee, Tajammal Hussain, who was terminated from his position as a Computor. The Court analyzed the evidence, including the appointment letter and annual reports, to determine the true nature of Hussain's employment status. It concluded that despite being appointed temporarily, Hussain was effectively in a permanent role and thus entitled to the protections afforded to regular employees under the Constitution. This case emphasizes the importance of adhering to proper procedures in employment termination and the rights of government servants, highlighting significant legal principles that govern employment law in Pakistan.... |
| 1984 SLD 432, 1984 SCMR 221 | Criminal Petition No. 65 of 1983 , decided on 22.10.1983 | This case revolves around the legal principles regarding the handling of concurrent criminal proceedings where the same parties are accused in both a police report and a private complaint. The Supreme Court of Pakistan, in its ruling, emphasized the necessity of a fair trial process, prioritizing the private complaint case to ensure that the rights of the accused are preserved and to prevent the risk of double jeopardy. The decision highlighted the complexities involved in managing multiple accusations against the same individuals and underscored the importance of a coherent legal framework in adjudicating such matters. The ruling aligns with established precedents and reinforces the importance of adhering to procedural justice in criminal law. This case serves as a significant reference for legal practitioners dealing with similar issues, emphasizing the need for a clear understanding of the rights of the accused and the procedural obligations of the courts.... |
| 1979 SLD 460, 1979 SCMR 45 | C. P. S. L. A. No. 62, 63, 64 of 1977 , decided on 28.09.1978 | In the case of C. P. S. L. A. Nos. 62, 63, and 64 of 1977, the Supreme Court of Pakistan addressed the petitions filed by the Deputy Director of Food, Lahore Region, against the decisions of the Punjab Service Tribunal. The Tribunal had quashed the compulsory retirement orders of the respondents, leading to the filing of these petitions. The crux of the case revolved around the issue of delay in filing the petitions, which were found to be barred by 45 days. The petitioners argued that the delay was due to the matter being under examination at various governmental levels, but the court ruled that this did not constitute a valid ground for condonation of delay. The court emphasized that the petitioners should have been diligent in adhering to the limitation period. The decision reinforced the principle that governmental entities are not exempt from the laws of limitation and must comply just like ordinary litigants. The ruling is significant for understanding the application of limitati... |
| 1989 SLD 2110, (1989) 175 ITR 437 | This case revolves around the interpretation of section 163 of the Income-tax Act, 1961, regarding non-resident agents. The Calcutta High Court evaluated the relationship between an Indian company and a non-resident company to determine if the Indian company could be classified as an agent. The Tribunal's earlier decision concluded that there was no business connection between the two entities, leading to the cancellation of the assessment for the year 1964-65. The court affirmed this decision, emphasizing the importance of relevant evidence in legal determinations. The ruling is significant for understanding the legal framework surrounding non-resident taxation and agency relationships in India, making it a pivotal case for tax practitioners and legal scholars alike.... | |
| 1998 SLD 1458, 1998 PLC 800 | Civil Appeal No. 1266 of 1995 , decided on 27.03.1998 | The case revolves around the appeal of Abdul Wahid against the decision of the Federal Service Tribunal regarding his termination from the Collectorate of Customs and Central Excise. The Supreme Court of Pakistan ruled that the appeal was time-barred as Wahid failed to file his representation within the thirty-day limit mandated by the Service Tribunals Act. The court highlighted the necessity for civil servants to diligently pursue grievances in a timely manner to avoid undue delays in administrative processes. The decision also discussed the implications of perceived discriminatory treatment in administrative decisions, ultimately concluding that the appellant did not substantiate his claim convincingly. This case underscores the critical importance of adhering to statutory time limits in administrative law, particularly within the context of public service employment.... |
| 2023 SLD 1124, 2023 MLD 564 | Criminal Appeal No. 40009 of 2019 , decided on 11.10.2021 | In the case of Muhammad Iftikhar vs The STATE, the Lahore High Court addressed serious allegations under the Anti-Terrorism Act, 1997. The appellant was accused of fundraising for a banned organization, Jash-e-Muhammad. However, the court found no substantial evidence to support the claims. Witnesses failed to confirm the appellant's involvement with the organization or any terrorist activities. The ruling highlighted the necessity for the prosecution to present strong, credible evidence, especially when the charges involve severe implications like terrorism. The case underscores the principle of 'innocent until proven guilty', reinforcing that the burden of proof lies with the prosecution. Ultimately, the court's decision to acquit Muhammad Iftikhar reflects a commitment to upholding justice and due process. This case serves as a critical reference point for similar legal proceedings involving the Anti-Terrorism Act, emphasizing the importance of credible evidence and the rights of th... |
| 2001 SLD 2079, 2001 PLC 135 | Appeal No.12(221) of 1999 , decided on 29.07.2000 | This case revolves around the Aero Asia Staff & Workers Union's appeal against the order of the National Industrial Relations Commission, which dismissed the union's petition for unfair labor practices. The union, formed on July 25, 1999, alleged that the managing director of Aero Asia International threatened its members and engaged in practices that violated labor rights. However, the Commission ruled that the union's lack of registration rendered it unable to file a petition. This case highlights critical issues in labor rights, union registration, and the legal framework governing industrial relations in Pakistan. It underscores the necessity for trade unions to secure registration to effectively advocate for workers' rights and the implications of operating without formal recognition. The ruling sets a precedent for future cases involving unregistered unions and their ability to seek legal recourse, emphasizing the need for compliance with statutory requirements to ensure fair rep... |
| 2020 SLD 217, 2020 PCRLJ 158 | Criminal Appeal No. 216-M of 2018 , decided on 19.07.2019 | In the case of Abdul Qayum, the Peshawar High Court addressed serious charges of attempted rape and outraging the modesty of a woman under the Pakistan Penal Code. The court examined the evidence presented by the prosecution, including testimonies from the complainant, who is the daughter of the accused, and her mother. The judgment highlighted that the minor inconsistencies in the testimonies did not undermine the prosecution's case, as the core facts remained consistent and credible. The court reduced the sentence for the attempt to commit rape from ten years to five years, reflecting its consideration of mitigating circumstances while maintaining the conviction. The ruling reinforces the importance of thorough judicial examination in sexual offense cases, emphasizing the court's role in ensuring justice while balancing the rights of the accused and the victims. This case is significant in the context of Pakistan's legal framework surrounding sexual offenses, showcasing the judiciary... |
| 2020 SLD 55, 2020 PLJ 14 | Crl. As. Nos. 401, 415 and 442 of 2017 , decided on 31.07.2018 | In this significant case adjudicated by the Balochistan High Court, the court examined the intricacies of circumstantial evidence in establishing the guilt of the appellants in a murder case involving the victim Mustafa. The court meticulously analyzed the admissibility of evidence under the Qanun-e-Shahadat Order, 1984, particularly focusing on the disclosures made by the appellants during their police custody. The court highlighted that these disclosures led to the recovery of critical evidence, including the deceased's mobile phone and motorcycle, thereby affirming the prosecution's case. The judgment also touched upon the established motive behind the crime, which was an attempt to commit an unnatural offense against the victim. The court's decision reinforced the importance of circumstantial evidence in criminal trials, particularly in cases where direct evidence may be lacking. This case serves as a precedent in the legal landscape, demonstrating the court's commitment to upholdi... |
| 2016 SLD 2041, 2016 PLJ 275 | W.P. No. 8379 of 2015 , decided on 24.11.2015 | In the case of W.P. No. 8379 of 2015, the Lahore High Court addressed a constitutional petition challenging the acceptance of a nomination paper for a local government election. The petitioner contended that the respondent concealed significant assets and liabilities, which should disqualify him from contesting. The court examined the relevant laws, specifically Section 27(2)(f) of the Punjab Local Government Act, 2013, and Article 199 of the Constitution of Pakistan. The court found that the respondent had disclosed sufficient information about his properties and business interests, including land owned by his wife and his business as a contractor. The judges emphasized the importance of proper disclosure in electoral processes while dismissing claims of concealment. This case highlights the legal standards for candidacy in local elections and the judicial interpretation of asset disclosure requirements, making it relevant for future electoral disputes. The ruling reinforces the neces... |
| 2005 SLD 1535, 2005 CLD 95 | Civil Petition No. 233-L of 2003 , decided on 04.08.2004 | This case addresses the liability of a guarantor in loan recovery proceedings in Pakistan. The petitioner, Rafique Hazquel Masih, contested the execution of a decree against him by Bank Alfalah Ltd. for a loan that was primarily secured by his guarantee. The Supreme Court of Pakistan ruled that the liability of a guarantor is equal to that of the principal debtor, as per Section 128 of the Contract Act, 1872. The Court clarified that a guarantor cannot demand that the bank first pursue the principal debtor before initiating recovery actions against him. This case is significant for understanding the enforceability of guarantees and the rights of financial institutions in recovery processes. It highlights the importance of clear contractual obligations and the legal framework surrounding financial guarantees in Pakistan. The decision reinforced existing legal principles governing the relationship between guarantors and creditors, ensuring that guarantees are honored in accordance with c... |
| 1956 SLD 128, 1956 PLD 731 | Civil Original No. 49 of 1946 , decided on 26.01.1955 | This case revolves around the winding-up of the Karnal Distillery Company Limited, a family-run private limited company that faced severe internal conflicts among its shareholders. The key issue was the management struggle between the heirs of Kishori Lal, the original owner. The court highlighted that the relationships among the shareholders were so strained that they could not collaborate effectively in managing the company. The petitioner, who was excluded from management, argued that the actions taken by the other shareholders were illegal. The court found that the provisions in the company's Articles of Association were not followed, leading to invalid meetings and decisions. The ruling ultimately underscores the need for fair treatment of shareholders and the importance of adhering to established corporate governance standards. The case emphasizes the principles of justice and equity in corporate law, especially in family-owned businesses, where personal relationships can signifi... |
| 2004 SLD 3944, 2004 PLJ 572 | Crl. A. No. 109 of 2003 , decided on 10.03.2004 | In the case of Iftikhar alias Istikhar, the Peshawar High Court addressed the conviction for murder under Section 302 of the Pakistan Penal Code. The incident occurred on August 5, 1999, when the appellant shot the deceased, Murad AH, resulting in his death. The complainant, Yaqoob Khan, provided a consistent account of the events leading to the murder, supported by medical evidence from the postmortem examination that corroborated the prosecution's version. The court highlighted the importance of credible eyewitness testimony in capital cases and ruled that the evidence presented was sufficient to uphold the conviction. The decision emphasized the need for reliable and confidence-inspiring evidence, particularly when the witness had a close relationship with the victim. The court also discussed the implications of the accused's abscondence, which further strengthened the prosecution's case. The ruling reinforced legal principles regarding the evaluation of evidence, particularly in ca... |
| 1999 SLD 145, 1999 PTD 933, (1997) 225 ITR 778 | D.B. Income-tax Reference Application No.25 of 199 , decided on 17.07.1996 | In a notable case concerning income tax deductions, the Rajasthan High Court examined the validity of certain business expenditure claims made by Ayurved Sewa Ashram Ltd. The case revolved around the deductibility of Rs.37,820 spent on watches presented to dealers at a sales conference, which the Income-tax Officer initially disallowed. The Tribunal intervened, asserting that the expenditure was not for advertisement purposes but rather for fostering good relations with dealers. Furthermore, the Tribunal addressed another disallowance of Rs.6,451 related to car maintenance, which was also deleted. The court underscored that the determination of whether a gift item carries advertising value is a factual finding. The Revenue's attempts to refer questions of law were dismissed, emphasizing that no significant questions arose from the case. This case underscores the importance of maintaining good business relationships and highlights the nuances involved in income tax deductions. The decis... |
| 2020 SLD 2543, 2020 PLC 1537 | W.P. No.246752 of 2018 , decided on 14.09.2020 | In the case of Tanveer Asim vs. Pakistan Institute of Fashion and Design, the Lahore High Court addressed the issue of the petitioner's probation and confirmation within the context of the Pakistan Institute of Fashion and Design Act, 2011, and the Constitution of Pakistan, 1973. The petitioner, having successfully completed his probationary period, challenged the extension of his probation and the subsequent denial of regularization. The court found that the Institute had acted in bad faith, as evidenced by the arbitrary nature of its decisions and the lack of proper documentation in the ACRs. This case underscores the importance of due process and fairness in employment matters, particularly in public institutions, and highlights the court's role in safeguarding employees' rights against arbitrary administrative actions.... |
| 1992 SLD 2212, 1992 PLJ 232 | Civil Appeal No. 255 of 1988 , decided on 07.01.1992 | In the landmark case of Civil Appeal No. 255 of 1988, the Supreme Court of Pakistan addressed the crucial issue of pre-emption rights and waiver. The case revolved around whether the respondent, Muhammad Abdullah, had waived his right to pre-empt a sale involving his father, JAM PARI. The Supreme Court, led by Chief Justice Muhammad Afzal Zullah, analyzed the evidence presented by both parties and concluded that the High Court had correctly interpreted the facts. The Court highlighted that mere presence during the sale does not imply participation or waiver of the right to pre-emption. The judgment reinforced the principle that relinquishment of rights must be substantiated by clear and convincing evidence, a standard that was not met in this instance. This case serves as a critical reference point for future disputes involving pre-emption rights, emphasizing the need for rigorous examination of evidence to prevent unjust outcomes.... |
| 1984 SLD 798, 1984 SCMR 1159 | Civil Appeal No. 87 of 1982 , decided on 24.06.1984 | This case revolves around the appeal of Dr. A.Q.K. Afghan against his removal from service by the Federal Government. The Supreme Court of Pakistan examined whether the Federal Service Tribunal's decision to dismiss the appeal without summoning the service record was justifiable. The Court highlighted that the appellant failed to substantiate claims of mala fides and did not raise relevant pleas during the Service Tribunal hearings. The ruling emphasized the importance of procedural adherence and the necessity for appellants to present all pertinent arguments at the appropriate judicial level. The decision reinforces the principle that new arguments cannot be introduced at higher appellate levels, ensuring the integrity of the judicial process. Notably, this case underscores critical aspects of administrative law and the rights of civil servants under the Civil Servants Act, 1973. Legal professionals should note the implications of this ruling for future cases involving service appeals... |
| 2019 SLD 201, 2019 PLD 18 | Constitutional Petition No. S-47 of 2014 , decided on 04.06.2018 | In the case of ZULFIQAR AHMAD KHAN vs. NAHEED HUSSAIN and others, the Sindh High Court addressed the eviction of a tenant under the Sindh Rented Premises Ordinance. The petitioner, a landlord, argued for the eviction based on personal bona fide need for family use, which was initially denied by the lower courts due to a lack of specific names. The High Court ruled that the definition of personal use includes needs of family members as a collective unit, thereby protecting the landlord's property rights. The case highlights the importance of familial relationships in tenancy laws and reaffirms the necessity for courts to consider the broader context of a family's needs when evaluating eviction claims. The ruling serves as a precedent for future cases involving family needs in tenancy disputes. Key terms include 'eviction', 'bona fide need', and 'personal use', which are trending topics in legal discussions surrounding property rights and landlord-tenant relationships.... |
| 2007 SLD 835, 2007 CLC 390 | Writ Petition No.2533 of 2003 , decided on 12.12.2006 | In the case of Writ Petition No.2533 of 2003, the Lahore High Court addressed the partition of joint property under the West Pakistan Land Revenue Act, 1967. The petitioners, consisting of Saleem Ibrahim, sought to partition land jointly owned with their brothers, claiming that a prior private partition was not valid. The court referenced previous rulings and established that the Revenue Officer rightfully affirmed the private partition from 1975, effectively severing joint ownership. The court concluded that the Assistant Collector's review of the partition order was justified, thereby dismissing the petition and confirming the earlier decisions of lower tribunals. This case highlights the importance of adhering to established property laws and the implications of private partitions in land ownership disputes.... |
| 2017 SLD 294 = 2017 PLC 62 | Writ Petitions Nos. 2905 of 2009 , decided on 26.01.2015 | This case revolves around the Khyber Pakhtunkhwa Employees' (Regulation of Services) Act, 2009, which was challenged by petitioners who argued that their rights were violated by the act of regularization of employees appointed on contract and ad hoc basis. The court affirmed that the act was constitutional and aimed at regularizing services of competent individuals appointed on contract. It also emphasized the importance of fair promotion practices and mandated the government to adhere to promotion rules, thereby ensuring that deserving candidates are considered for advancement. The ruling underscores the balance between legislative actions and the rights of existing employees, particularly within the context of public service appointments and promotions.... |
| 2001 SLD 703, 2001 SCMR 163 | Criminal Appeals Nos.294 and 295 of 1997, 406 and , decided on 01.06.2000 | In the case of Mehboob Sultan and others vs. The State, the Supreme Court of Pakistan adjudicated on multiple criminal appeals related to a murder incident involving several accused persons. The case revolved around the murders of Muhammad Razzaq, Muhammad Riaz, and Muhammad Ayoub, who were witnesses in a prior murder trial. The prosecution presented eyewitness accounts and forensic evidence linking the accused to the crime scene. The Supreme Court emphasized the importance of the rule of consistency in sentencing and addressed the age and influence of certain accused on their sentencing. The Court highlighted the necessity of corroborative evidence and the credibility of eyewitness testimonies, ultimately affirming some convictions while mitigating sentences for others based on age and circumstances. The case underscores the complexities of legal proceedings in homicide cases and the critical role of evidence in securing convictions.... |
| 2007 SLD 1540, 2007 SCMR 1961 | Civil Petition No.208/K of 2006 , decided on 18.07.2006 | In the case of Haji Muhammad Anwar vs. Muhammad Ahmed and others, the Supreme Court of Pakistan addressed a dispute concerning the ownership and tenancy of a residential property under the Sindh Rented Premises Ordinance. The petitioner, Haji Muhammad Anwar, claimed to be the landlord of the premises but faced opposition from the respondent, Muhammad Ahmed, who denied the landlord-tenant relationship and asserted his own rights over the property based on inheritance. The Rent Controller initially dismissed the ejectment application, leading to an appeal that was overturned by an appellate court. However, the High Court later restored the original ruling, stating that the petitioner failed to provide adequate proof of ownership. The Supreme Court ultimately upheld this decision, emphasizing the importance of establishing legal ownership and the relationship between landlord and tenant through solid evidence, rather than relying on oral claims or undocumented gifts. This case highlights ... |
| 2011 SLD 1653, 2011 PLC 351 | SG-2300 and SG-3496 of 2010 , decided on 09.03.2011 | This case revolves around the de-regularization of employees who were initially appointed as 'work charged employees' by the Public Health Engineering Department (PHE) and later regularized by the District Council Jhang. The employees contested their de-regularization, arguing that they had attained the status of permanent workmen after serving the mandatory period. The Labour Appellate Tribunal ruled in favor of the employees, emphasizing the legal validity of their regularization by the District Council and the lack of authority of the PHE to reverse this decision. The ruling highlights principles of natural justice and the importance of adhering to proper legal procedures in employment matters, particularly in the context of labor rights and employee protections under the Punjab Industrial Relations Act and the Standing Orders Ordinance. This case underscores the necessity for employers to follow due process when altering the employment status of their workers, thereby safeguarding ... |
| 2000 SLD 2181, 2000 PLD 428 | Civil Revision No. 1203-D of 1998 , decided on 03.04.2000 | This case revolves around the interpretation and application of the Punjab Pre-emption Act, 1991, particularly Section 13 regarding the exercise of pre-emption rights. The Lahore High Court dealt with the appeal of Abdul Ghani, who contested the findings of the lower courts that dismissed his claim of pre-emption against Muhammad Latif. The judgment highlighted the legal requirements for a valid claim of pre-emption, notably the prompt assertion of rights via Talb-e-Muwathibat. The court ruled that failure to fulfill these requirements extinguishes the right of pre-emption, as established in previous case law. The court further clarified that the intention to pre-empt must be clearly communicated and evidenced through proper procedures, which the petitioner failed to demonstrate. This case serves as a critical reference for future pre-emption claims, emphasizing the importance of adhering to statutory requirements and the consequences of procedural lapses in such matters.... |
| 2004 SLD 2578, 2004 PLD 300 | Civil Revision No. 1490 of 2003 , decided on 01.12.2003 | This case revolves around a dispute regarding the pre-emption rights of Muhammad Bakhsh and another, who sought possession of land sold to Atta Muhammad. The Lahore High Court reviewed the decisions made by the Trial Court and the Appellate Court, focusing on the legal principles surrounding the Punjab Pre-emption Act and the Civil Procedure Code. The court highlighted the necessity for pre-emptors to substantiate their claims of co-sharership in all Khatas involved in the sale. The High Court ultimately found that the plaintiffs failed to meet this burden of proof, leading to a restoration of the Trial Court's original dismissal of the suit. This case underscores the importance of clear documentation and evidence in pre-emption claims, emphasizing the legal standards that govern such disputes.... |
| 1978 SLD 293 = 1978 PLD 185 | N/A , decided on 30.04.1978 | In the case of Mian MANZAR BASHIR and others versus M. A. ASGHAR & Co., the Supreme Court of Pakistan addressed critical issues regarding the appealability of orders under the West Pakistan Urban Rent Restriction Ordinance, 1959. The case arose when the petitioners, owners of the Mian Shah Din Building, sought to evict the respondent, a tenant who had allegedly ceased business operations and locked the premises. After the Rent Controller issued an ex parte order of ejectment, the respondent contested it, leading to a series of appeals that culminated in the Supreme Court. The Court ruled that the Rent Controller's decision to set aside the ejectment order was not a final order and thus not appealable. This judgment reinforces the principles of natural justice and the necessity for proper service of process. The decision highlights the limitations of the appeal process in rent control cases, emphasizing that not every order made by the Rent Controller is subject to appeal. The case serv... |
| 2006 SLD 104, 2006 PTCL 473, 2006 PTD 1396 | C.P. No. D-35 of 2006 , decided on 28.03.2006 | This case revolves around the procedural validity of the acceptance of a time-barred representation made by the Central Board of Revenue (C.B.R) to the President of Pakistan, challenging the recommendations of the Federal Tax Ombudsman. The Sindh High Court intervened, ruling that the acceptance was flawed due to the lack of opportunity for the petitioner (Nishat Mills Limited) to present its objections. The court highlighted the necessity of fair hearing principles, emphasizing that all parties must be given adequate notice and the chance to respond to representations against them. The ruling reinforced the importance of administrative justice, ensuring that decisions impacting entities are made following due process. The court's directive for fresh proceedings included specific requirements for notice, opportunity for rebuttal, and a reasoned decision-making process, which are fundamental to maintaining the rule of law and ensuring accountability within governmental actions. This cas... |
| 1993 SLD 100, 1993 PTD 908, (1993) 67 TAX 191, (1994) 69 TAX 106 | I.T.A. No.955/KB of 1992-93 , decided on 29.04.1993 | This case revolves around the treatment of professional tax within the framework of the Income Tax Ordinance, 1979. The Appellate Tribunal Inland Revenue was tasked with determining whether the professional tax paid by the assessee was an allowable deduction under the Income Tax Ordinance. The tribunal analyzed the nature of professional tax, concluding that it is not a tax on income, thus not subject to disallowance under section 24(a). The tribunal referenced various legal provisions, including Article 163 of the Constitution of Pakistan and section 11 of the West Pakistan Finance Act, 1964. It emphasized that professional tax is incurred in relation to business premises and is an essential expenditure for maintaining business operations. The tribunal's ruling aligns with principles of tax law that prioritize the allowance of business-related expenditures. The decision sets a precedent for similar cases regarding the interpretation of professional tax as a deductible expense, affirmi... |
| 1987 SLD 1637, 1987 SCMR 840 | Civil Petition for Special Leave to Appeal No. 96 , decided on 02.03.1987 | This case revolves around the legal principles concerning petitions for special leave to appeal, specifically under Article 185(3) of the Constitution of Pakistan (1973). The Supreme Court assessed an earlier suit's resolution through a special oath and determined that the current petition was not maintainable. This decision underscores the importance of adhering to the terms of prior legal agreements and oaths in adjudicating disputes. Legal practitioners and scholars studying civil procedure and constitutional law will find this case significant, as it emphasizes the finality of past judgments unless challenged appropriately. Key trends in legal practice such as the role of oaths in civil disputes and the criteria for granting leave to appeal are critical points of interest for ongoing legal discourse.... |
| 2003 SLD 1167, 2003 PCRLJ 887 | Criminal Appeal. No. 483 of 2001 , decided on 29.03.2002 | In the case of Criminal Appeal No. 483 of 2001, the Lahore High Court addressed the conviction of Fida Hussain and Zulfiqar Ali for robbery under section 392 of the Penal Code. The incident occurred on August 18, 2000, where the complainant, Abdul Sattar, reported that he was robbed of his motorcycle and cash by the appellants while armed. The trial court sentenced both appellants to rigorous imprisonment for three years and imposed a fine of Rs.10,000. During the appeal, the court acknowledged the merits of the case but reduced the fine due to the time already served by the appellants, as well as the recovery of the stolen motorcycle. The decision emphasizes the importance of fair sentencing in light of the circumstances surrounding the case and the rights of the accused, while also maintaining the integrity of the judicial process. This case highlights key legal principles surrounding robbery, evidence evaluation, and sentencing discretion in criminal law.... |
| 2022 SLD 2231 = 2022 MLD 1271 | Criminal Acquittal Appeal No. 451 of 2019 , decided on 03.06.2021 | This case revolves around the appeal against the acquittal of Aaroo and Ahsan, who were charged with serious offenses under the Penal Code, including murder and rioting. The appeal was filed by Ghulam Ali Magsi, the complainant, who alleged that the respondents had attacked him and his relatives, resulting in fatalities. However, the court found substantial gaps in the prosecution's evidence, including a two-day delay in filing the FIR, which the complainant attributed to being occupied with the burial of the deceased. This explanation was deemed implausible given the circumstances. The court highlighted the absence of crucial witnesses who were injured during the incident but were not called to testify, further undermining the prosecution's case. The judges underscored the principle of double presumption of innocence in appeals against acquittals, reinforcing the standard that such acquittals should not be overturned unless proven to be perverse or arbitrary. Ultimately, the appeal wa... |
| 1983 SLD 1891, 1983 PLC 1017 | 22711049 of 1981 , decided on 01.07.1982 | This case revolves around the appeal of Abdur Rahim Khan, a former Assistant Sub-Inspector (A.S.I.) in the Punjab Police, against his reversion to a lower rank due to a poor service record. The Service Tribunal of Punjab upheld the reversion, emphasizing that an officiating appointment does not guarantee continued service in that role if the individual is found unsuitable. The Tribunal's ruling was based on the examination of the appellant's service history, which included multiple adverse remarks. The judgment reinforced the principle that civil service appointments are contingent upon performance and adherence to departmental standards. This decision is significant in the context of civil service law as it clarifies the rights and limitations of officials in temporary positions. Keywords include 'Punjab Service Tribunal', 'civil service reversion', 'officiating appointment', 'police service law', 'performance evaluation', and 'administrative justice'.... |
| 2008 SLD 1561, 2008 SCMR 275 | Crl.P.L.A. No.10-K of 2007 , decided on 14.07.2007 | This case revolves around the forfeiture of a surety bond executed by Ahmed Khan for a Suzuki Car Cultus after it was snatched from his possession. The petitioner lodged an FIR but was unable to recover the vehicle, leading to a legal battle over the bond's forfeiture. The Supreme Court of Pakistan reviewed the lower courts' decisions, finding that the petitioner was genuinely unable to produce the car due to the circumstances of its theft. The Court emphasized the importance of intent in legal compliance, arguing that the absence of criminal intent should not result in punitive measures. The ruling thus underscores the need for courts to consider the realities faced by individuals in similar situations, promoting a fair interpretation of the law.... |
| 2023 SLD 6999, 2023 PLJ 688 | W.P. No. 45360 of 2023 , decided on 13.07.2023 | In the case of W.P. No. 45360 of 2023, the Lahore High Court addressed the petition of Parvez Elahi regarding alleged political victimization through successive arrests and FIRs. The petitioner sought information about the criminal cases against him and highlighted the lack of proper association in pending inquiries. The court's ruling centered on protecting the fundamental rights of the petitioner, emphasizing the need for law enforcement to follow due process and avoid arbitrary arrests. The decision reinforced the court's authority under Article 199(1)(c) of the Constitution to intervene in cases of mala fide actions by law enforcement agencies, ensuring justice and fair treatment. The ruling also referenced multiple legal precedents to underline the importance of safeguarding individual rights against wrongful detention and highlighted the inappropriate practices of law enforcement in handling arrests. This case is significant in the context of ongoing discussions about rights and ... |
| 2024 SLD 2889, 2024 CLC 454 | R.F.A. No.171-A of 2019 , decided on 30.01.2023 | This case revolves around a dispute regarding the compensation amount for land acquired under the Land Acquisition Act of 1894. The appellants, represented by the Land Acquisition Collector, contested the Referee Court's decision to enhance the compensation amount for the respondent, Shah Youm Khan. The court found that the land in question had significant commercial potential due to its proximity to the Karakoram Highway and existing commercial structures like a floor mill and petrol pump. The court ruled that the compensation should reflect these realities, dismissing the appeal and affirming the enhanced compensation amount determined by the Referee Court. This case highlights important considerations in land acquisition, including market value, future prospects, and the principles of fair compensation for landowners. The decision emphasizes that compensation should not be limited to one-year average sale prices but should also account for the land's potential and actual use.... |
| 2013 SLD 502, 2013 PCRLJ 1508 | Criminal Revision No. 10/I of 2009 , decided on 17.05.2013 | This case revolves around the application of the Offence of Qazf (Enforcement of Hadd) Ordinance, 1979, and its implications regarding allegations of false accusations and the need for substantial evidence in legal proceedings. The court addressed the significance of the benefit of the doubt in Islamic law, particularly in cases where Hadd punishments are concerned. The ruling highlighted the necessity for credible witnesses and the requirement that claims must be substantiated thoroughly to avoid unjust penalization. The case reflects ongoing discussions in legal circles about the intersection of law, morality, and procedural justice, particularly in sensitive family matters and inheritance disputes. The decision underscores the importance of due process and the legal principle that the burden of proof lies with the accuser, ensuring that justice prevails without compromising fundamental rights.... |
| 2022 SLD 2261, 2022 PTD 1812 | K-7457 of 2021 , decided on 06.06.2022 | In the case of Customs Appeal No. K-7457 of 2021, the Customs Appellate Tribunal addressed the issue of customs valuation under the Customs Act, 1969. The appeal was filed by Messrs Khyber Export (Far-East) Co. against the Director General, Directorate General of Customs Valuation. The tribunal examined the legal framework provided in the Customs Act, particularly Sections 25 and 25A, which govern the determination of customs values. The tribunal noted that the customs authorities failed to involve the importer or their representatives during the valuation process, which is a violation of the established legal requirements. The tribunal highlighted the need for transparency and adherence to the statutory provisions, emphasizing that the methods for valuation must be followed in a sequential manner. The decision is significant as it reinforces the principles of natural justice and the rights of importers in the customs valuation process. The ruling also references previous cases that il... |
| 2018 SLD 2131, 2018 SCMR 1607 | Civil Appeal No. 69-K of 2017 , decided on 14.06.2018 | This case revolves around the appointment of a civil servant's child on a deceased quota, challenging the legal framework governing such appointments. The Supreme Court of Pakistan examined the constitutional validity of the Sindh Civil Servants (Appointment, Promotion and Transfer) Rules, 1974, particularly Rule 10-A, which had been repealed. The Court emphasized that all appointments must follow the established competitive processes to protect the rights of all citizens as guaranteed under Article 25 of the Constitution. The ruling clarifies the legal implications of bypassing these processes and reiterates the importance of adhering to lawful procedures in public service appointments. This case is significant in the context of civil service law and serves as a precedent for future cases concerning appointments and promotions within the civil service. Keywords such as civil service appointments, constitutional rights, equal treatment, and Sindh Civil Servants Act are crucial for SEO ... |
| 2015 SLD 2353, 2015 PCRLJ 890 | Writ Petition No. 5 of 2011 , decided on 28.11.2013 | This case revolves around a writ petition filed by Sibtain Ali Shah against the order of the Judicial Magistrate Oghi regarding FIR No.332 under section 337-A(iii), P.P.C. The case emerged following allegations made by Mst. Anila Bibi against her ex-husband concerning injuries inflicted upon her. The Judicial Magistrate opted not to cancel the case but rather directed the police to present a complete challan. The court emphasized the importance of considering the evidence collected during the investigation and highlighted that the dismissal of the FIR based solely on the affidavit of the complainant's father was premature. This case reflects critical aspects of criminal procedure, specifically the powers of a Magistrate under the Criminal Procedure Code, and the necessity for a thorough judicial examination of evidence before dismissing allegations. The ruling reinforces the principle that no person should be condemned unheard, and reasonable opportunities must be afforded to both part... |
| 2015 SLD 3116, 2015 PLC 1404 | Intra-Court Appeal No. 303 of 2011 in W.P. No. 216 , decided on 19.02.2014 | The case revolves around the issue of the up-gradation of posts for Inland Revenue Audit Officers, who argued that they were unfairly denied the upgrades that were granted to similar positions in other departments. The Lahore High Court ruled in favor of the respondents, emphasizing the importance of equitable treatment in civil service matters. The judgment highlighted the need to uphold the principles of good governance and to prevent discrimination among civil servants. The decision reinforced the notion that once a policy is established, it should be applied uniformly across similar cases, ensuring that all civil servants benefit from legal precedents set by higher courts. The implications of this judgment extend to future cases involving civil service up-gradation and the equitable treatment of public servants under the law.... |
| 2004 SLD 1411, (2004) 267 ITR 527 | CIVIL WRIT PETITION NOS. 3405, 3839, 3840 AND 3843 , decided on 23.03.2004 | In the case between Balwant Singh Bhangal and the Income Tax Officer, the Punjab and Haryana High Court addressed significant issues regarding tax refund claims under the Income-tax Act, 1961. The petitioner had received a refund voucher but claimed that additional interest under section 220(2) was not refunded. The court emphasized the importance of timely processing of tax refunds and the need for transparency from the tax department. The judges expressed their disappointment with the department's handling of the case, indicating that the grievances of taxpayers should be resolved without necessitating litigation. The decision highlighted the responsibility of officials in tax matters and set a precedent for compensation in cases of undue delay, reinforcing taxpayer rights. This case underscores the necessity for efficient tax administration, ensuring that taxpayers receive their entitled refunds promptly. Keywords: Income Tax Refund, Tax Administration, Taxpayer Rights, Legal Preced... |
| 1992 SLD 602 = 1992 CLC 267 | Regular First Appeals Nos. 37 and 58 of 1970 , decided on 06.02.1991 | This case revolves around the appeals concerning land acquisition initiated by the Multan Improvement Trust under the Land Acquisition Act of 1894. The court examined the legality of the Improvement Trust's appeal, which was found to be incompetent as the Trust had no standing in the matter of the award from the reference court. The judgment emphasized the importance of proper assessment of compensation based on the market value of the land at the time of acquisition. The court also reiterated the principles governing the doctrine of eminent domain, where the government possesses the authority to take private property for public use. The decision ultimately enhanced the compensation awarded to the appellants and clarified the rights and obligations of the Improvement Trust in the acquisition process.... |
| 2024 SLD 3504 | STA NO. 2268/LB/2023 , decided on 25.01.2024 | This case, STA NO. 2268/LB/2023, revolves around the Sales Tax Act, 1990, where M/s. D.G Khan Cement Company Ltd. contested an order from the CIR, LTO, Lahore. The hearing took place on December 13, 2023, and the Tribunal's decision was issued on January 25, 2024. The case primarily focuses on sections 11 and 8 of the Sales Tax Act, addressing the responsibilities and compliance of the petitioner regarding sales tax regulations. The Tribunal, led by ANWAAR UL HAQUE, evaluated the arguments presented by both sides, ultimately providing clarity on the application of the law. This decision is pivotal for stakeholders in the cement industry and other sectors affected by sales tax legislation. It underscores the necessity for businesses to remain vigilant and compliant with tax obligations to avoid legal repercussions. The outcome highlights the role of appellate tribunals in interpreting tax laws and their impact on commercial operations. Legal practitioners and businesses alike should tak... |
| 2001 SLD 648, 2001 PTD 3895, (2000) 241 ITR 807 | Civil Writ Petition No. 4849 of 1999 , decided on 07.12.1999 | In the landmark case of Power Controls and others vs. Commissioner of Income Tax, the Delhi High Court addressed critical issues surrounding the transfer of income tax cases under the Indian Income Tax Act, 1961. The petitioners challenged the validity of transfer orders that moved their cases from New Delhi to Faridabad, arguing that the necessary legal procedures were not followed, specifically regarding the requirement of giving reasons for such transfers and providing a reasonable opportunity for the petitioners to be heard. The court found that the show-cause notices issued lacked sufficient detail about the reasons for the proposed transfers, thus violating principles of natural justice. The court's ruling underscored the necessity for tax authorities to communicate specific reasons for transferring cases to ensure transparency and fairness in administrative actions, thereby reinforcing the rights of assessees in tax proceedings. This case highlights the importance of adhering to... |
| 2017 SLD 2215 = 2017 CLD 1609 | File No. 174/OFT/P&G/CCP/2014 , decided on 20.07.2017 | In a landmark decision, the Competition Commission of Pakistan ruled against Procter and Gamble for deceptive marketing practices concerning their antibacterial soap, Safeguard. The case highlighted the necessity for substantiating advertising claims, particularly those implying health benefits. The complainant, Reckitt Benckiser, argued that Procter and Gamble's assertion of being 'Pakistan's No. 1 rated antibacterial soap' was misleading, lacking credible market research to support it. The Commission's findings underscored that advertising must not only be persuasive but also truthful and backed by reliable data, particularly in the health and hygiene sector. This ruling serves as a critical reminder for companies to ensure their marketing practices align with legal standards to avoid penalties and maintain consumer trust. Keywords: Competition Act, deceptive marketing, Procter and Gamble, Reckitt Benckiser, antibacterial soap, advertising claims, health benefits, consumer protection... |
| 2011 SLD 2128 = 2011 SCMR 951 | Criminal Appeal No. 359 of 2002 , decided on 28.09.2009 | The Supreme Court of Pakistan dealt with the case of Mst. Sultana Bibi alias Rubi, who was accused of murdering her husband, Ramzan. The case was marked by significant issues surrounding the evidence presented by the prosecution. The court scrutinized the claims regarding the recovery of body parts and letters that were purportedly evidence of an illicit affair. The ruling emphasized the importance of credible and reliable evidence in securing a conviction, ultimately leading to Mst. Sultana's acquittal. This case underscores the critical standards of proof required in criminal proceedings, particularly in murder cases, where circumstantial evidence must be robust and convincing to uphold a conviction. The decision serves as a significant precedent in the context of criminal law in Pakistan, reinforcing the necessity for thorough investigations and the integrity of evidence presented in court. Keywords: criminal law, murder case, acquittal, evidence appraisal, Supreme Court.... |
| 2004 SLD 2718, 2004 PLD 99 | S-799 of 2001 , decided on 04.07.2003 | This case involves a review application regarding the illegal release of two convicts, Nisar Ahmad Mahesar and Javed Memon, who were sentenced to life imprisonment for murder. The petitioner, Muhammad Afzal Soomro, argued that the release was contrary to the Prison Rules, specifically Rule 140, which mandates that lifers must serve a minimum of fifteen years. The High Court found that the respondents had only served a fraction of their sentence and had not paid the required compensation to the victims' families. The court's decision emphasized the importance of adhering to legal procedures regarding remission and the rights of victims, setting a precedent for how similar cases should be handled in the future. This case highlights issues surrounding the justice system in Pakistan, including the adherence to legal norms and the protection of victims' rights.... |
| 2021 SLD 185, 2021 MLD 200 | Admn. Application No. S-10 of 2013 , decided on 08.11.2019 | In the case of Admn. Application No. S-10 of 2013, the Sindh High Court addressed significant public health and environmental concerns regarding the unauthorized dumping of hazardous chemical materials. The court's decision underscored the importance of constitutional jurisdiction under Article 199, allowing it to intervene in matters of public importance. The court highlighted its powers to convert proceedings as necessary to prevent injustice, reflecting on previous judgments that established a precedent for such actions. This case emphasizes the urgent need for regulatory compliance and environmental protection, showcasing the court's role in safeguarding public health against potential hazards from businesses operating without proper licenses. The ruling serves as a critical reminder for regulatory authorities to act decisively against environmental violations to protect community health and welfare.... |
| 2019 SLD 2026, 2019 PLJ 533 | Crl. Appeal Nos. 19/I of 2016 2/I of 2017 , decided on 18.01.2019 | In the case of Crl. Appeal Nos. 19/I of 2016 and 2/I of 2017, the Federal Shariat Court examined the appeals against the acquittal of several individuals accused of robbery and related offenses under the Pakistan Penal Code. The court analyzed the evidence presented, including witness testimonies and recovery of alleged stolen items. Key legal principles were discussed, including the significance of FIR delays and the evidentiary weight of identification parades. The court concluded that the prosecution failed to meet the burden of proof required for conviction, leading to the dismissal of the appeals. This case illustrates critical aspects of criminal law, particularly regarding the standards of evidence and the presumption of innocence, making it an important reference in legal discussions on acquittals and the integrity of criminal investigations.... |
| 2014 SLD 99, 2014 PLD 230 | D-3206 of 2013 , decided on 10.12.2013 | This case revolves around the constitutional petition regarding the delimitation of union councils in Sindh prior to local government elections. The petitioners challenged the authority of the Provincial Government to conduct the delimitation process, arguing that it was the sole responsibility of the Election Commission of Pakistan. The Sindh High Court, however, ruled that the Provincial Government had the constitutional mandate to oversee the delimitation process as per the Sindh Local Government Act, 2013. This decision reinforces the concept of local governance and the legal frameworks within which the Provincial Government operates. It highlights the importance of public participation in the delimitation process and affirms the role of local government in promoting democratic values in Pakistan. The ruling is significant in the context of electoral law and the administration of local governance, ensuring that the processes involved are transparent, fair, and in accordance with th... |
| 1991 SLD 1260, 1991 SCMR 1535 | Civil Petition No. 522-R of 1989 , decided on 23.10.1989 | The case revolves around a petition for leave to appeal concerning the principles of natural justice and the legality of departmental proceedings against an employee of the National Bank of Pakistan. The Lahore High Court had previously ruled in favor of the employee due to the absence of a personal hearing before punishment was meted out. The Supreme Court, while granting leave to appeal, highlighted that even if the High Court found the order illegal, the maximum relief could only declare subsequent departmental actions as lacking lawful authority, without affecting the entire proceedings from the beginning. This case underscores the importance of fair administrative processes and the necessity for authorities to adhere to established legal principles, ensuring that individuals are afforded their rights during disciplinary actions. The decision could have significant implications for similar cases involving administrative justice and the enforcement of lawful procedures within public... |
| 2016 SLD 8, (2016) 113 TAX 111, 2016 PTD 2355, 2016 SCMR 842, 2016 PTCL 105 | CIVIL APPEAL No. 1600 OF 2006 , decided on 04.01.2016 | In the case of Indus Trading and Contracting Company vs. Collector of Customs, the Supreme Court of Pakistan addressed the legality of regulatory duty imposed on imported medicines that were claimed to be exempt from customs duty. The Court found that while the appellant had previously imported goods under a concession granted by the Finance Act, the imposition of regulatory duty was lawful under the Customs Act, 1969. The ruling clarified the distinction between statutory customs duty and regulatory duty, emphasizing that exemptions from customs duty do not inherently extend to regulatory duties. This case underscores the necessity for importers to challenge such duties through the proper channels outlined in the Customs Act and not to bypass the designated forums. The decision serves as a precedent for future cases involving customs regulations and the interpretation of duty exemptions.... |
| 2016 SLD 1072 = (2016) 113 TAX 53 | I.T.A. Nos. 181 to 185/KB of 2011, I.T.A. Nos. 893 , decided on 06.02.2016 | This case concerns the interpretation and application of section 122(5A) of the Income Tax Ordinance, 2001, which allows the tax authorities to amend assessments under certain conditions. The Income Tax Appellate Tribunal in Karachi addressed the validity of inquiries conducted by the tax department against the appellants, focusing on whether such inquiries met the legal requirements for invoking section 122(5A). The tribunal examined various provisions of the Income Tax Ordinance and related laws, affirming that the tax officer must demonstrate an error of law or a loss of revenue to justify such actions. The tribunal ultimately ruled that the inquiries were not valid, highlighting the need for clarity and adherence to legal standards in tax assessments. Keywords such as 'Income Tax Ordinance', 'tax assessments', 'legal standards', and 'amendment of assessments' are essential for SEO optimization and to enhance the visibility of this case summary in legal discussions and searches.... |
| 2018 SLD 404, 2018 PLJ 124 | W.P. No. 2739 of 2016 , decided on 27.12.2017 | In the case of Park View Enclave (Private) Limited vs. Capital Development Authority, the Islamabad High Court addressed the cancellation of a No Objection Certificate (N.O.C.) issued to the petitioner for a housing scheme in Islamabad. The CDA had revoked the N.O.C. due to the petitioner's non-compliance with specific conditions, including the transfer of land reserved for public use. The petitioner challenged this decision, arguing that the cancellation was unjust and that they had complied with the regulations after the fact. However, the court ruled against the petitioner, citing the principle of 'unclean hands' and the notion that the petitioner had continued development despite the cancellation of the N.O.C. The judgment underscored the importance of adhering to legal and regulatory frameworks in urban development and highlighted the consequences of non-compliance. The case serves as a significant precedent regarding the authority of development agencies and the obligations of pr... |
| 2021 SLD 1046, 2021 PLC 319 | Civil Appeal No. 559 of 2020 , decided on 16.09.2020 | This case revolves around the legal entitlements of a civil servant, specifically regarding pro forma promotions and the associated benefits. The Supreme Court of Pakistan ruled on the limitations of relief available to civil servants who had been granted such promotions, emphasizing that they were entitled only to arrears of pay and allowances, not additional benefits like residential plots. This ruling highlights the interpretation of Fundamental Rules, specifically F.R. 17, and sets a precedent for similar cases involving civil service promotions. The decision clarifies the boundaries of the Federal Service Tribunal's jurisdiction, reinforcing the need for adherence to established policies regarding civil service benefits. Keywords such as 'pro forma promotion', 'civil service benefits', and 'Supreme Court of Pakistan' are essential for understanding the implications of this ruling.... |
| 1997 SLD 430, 1997 PLD 730 | Civil Appeal No. 1083 of 1995 , decided on 16.06.1997 | This case revolves around the interpretation of a gift made under Islamic law, specifically the Muhammadan law concerning gifts (Hiba) and usufruct (Ariyat). The Supreme Court of Pakistan addressed critical questions regarding the permissibility of gifting usufruct of immovable property and whether a gift to an issueless wife for life could be construed as a gift of the property itself. The court concluded that the intention of the donor, Jamal Din, was to grant full ownership of the property to his wife, Mst. Karam Noor, despite any conditions that suggested otherwise. This ruling highlights the intricacies of Islamic inheritance laws and the importance of donor intent in determining the nature of gifts. The decision serves as a significant reference for similar cases involving the interpretation of Islamic gifts, reinforcing the principle that conditions undermining the absolute ownership of gifted property are invalid under Islamic law. Keywords include Islamic law, gift of usufruct... |
| 2005 SLD 1471 = 2005 SCMR 1734 | C.P.L.A. No.3271-L/2002 , decided on 17.12.2002 | In this significant case, the Supreme Court of Pakistan addressed the issue of age determination in criminal proceedings, particularly in the context of juvenile justice. The petitioner, Amjad Khan, argued for trial by a Juvenile Court based on claims of being a minor at the time of the alleged offense, which occurred on December 26, 2000. The Court noted that nearly two years had passed without trial proceedings. The Lahore High Court had previously accepted the report of a medical board, which both parties agreed upon, leading to the conclusion that the petitioner should be tried as an adult. This ruling highlights the critical nature of accurate age assessment in legal contexts and the challenges faced when delays occur in the judicial process. The case underscores the balance between ensuring timely justice and adhering to the legal standards for age determination in criminal cases.... |
| 1995 SLD 658, 1995 SCMR 710 | Civil Petition for Leave to Appeal No. 1179 L of 1 , decided on 18.01.1994 | In this case, the Supreme Court of Pakistan dealt with a civil petition concerning a gift mutation. The petitioner, Muhammad Sadio, challenged the attestation of a gift in favor of his brother, the respondent Sardar. The case revolved around the essential elements required for a valid gift under Muhammadan Law, including the declaration, delivery of possession, and acceptance by the donee. The court emphasized the importance of admissions made by the petitioner, which confirmed the validity of the gift. The reliance on Khasra Girdawari was deemed insufficient to contest the gift's legitimacy, as constructive possession was considered transferred. The incorporation of the mutation in the Jamabandi further supported the donee's title. Consequently, the Supreme Court refused to grant leave for appeal, affirming the decisions of the lower courts. This case underscores the significance of clear admissions and proper documentation in property disputes related to gifts, serving as a precedent... |
| 2010 SLD 2611, 2010 CLD 60 | EMD/233/373/2002-3094 , decided on 13.08.2009 | In a significant ruling, the Securities and Exchange Commission of Pakistan addressed the non-compliance of Dandot Cement Company Ltd. regarding the transfer of provident fund contributions. The case highlighted the importance of adhering to the Companies Ordinance, 1984, particularly section 227, which mandates timely payments to protect employee funds. The decision emphasized that contributions are considered trust money and must be handled with utmost care. The Commission recognized the company's financial struggles but maintained that directors cannot neglect their legal obligations. As a result, penalties were imposed, but a lenient approach was adopted given the circumstances. This case serves as a critical reminder for companies to prioritize compliance with financial regulations, ensuring the protection of employee assets and maintaining trust in corporate governance.... |
| 1986 SLD 997, 1986 SCMR 1840 | Civil Petition No. 380-K of 1985 , decided on 27.08.1986 | In the case of Abdul Hamid vs. Sind Service Tribunal, the Supreme Court of Pakistan addressed issues surrounding the compulsory retirement of a civil servant under the Sind Civil Servants (Efficiency and Discipline) Rules, 1973. The case arose from allegations of gross negligence and inefficiency in the management of property within the District Court Larkana. The petitioner contended that the charges were unfounded and that the disciplinary proceedings had unfairly prejudiced his defense. The court analyzed the procedural aspects of the inquiry and the merits of the charges against the petitioner, ultimately concluding that the disciplinary actions were justified. This case highlights the importance of proper notice and the procedural rights of civil servants in disciplinary matters, as well as the court's role in reviewing administrative decisions. The ruling reinforces the standards of accountability within public service and clarifies the application of efficiency and discipline ru... |
| 2006 SLD 2492 = 2006 SCMR 562 | Civil Review Petitions Nos.88, 106 and 127 of 1998 , decided on 08.02.2005 | This case revolves around the review of a previous Supreme Court judgment concerning the allotment and auction of evacuee land. The case involved multiple parties, including Major (R) Barkat Ali as the petitioner and Qaim Din as the respondent. The Supreme Court examined the legality of the land allotment and the subsequent auction, emphasizing the need to uphold the rights of individuals who have possessed land for an extended period. The court referenced various laws, including the Constitution of Pakistan and the Displaced Persons (Land Settlement) Act, underscoring the importance of protecting vested rights against administrative errors. The judgment ultimately served to clarify the boundaries of judicial review in property disputes, ensuring that justice prevails over procedural technicalities.... |
| 2024 SLD 2941, 2024 SLD 858 | Civil Appeals Nos. 1314 to 1337 of 2014 and Civil , decided on 19.12.2023 | The case centers around the application of the Income Tax Ordinance, 2001, specifically Section 156A, concerning the sale of petroleum products by filling stations in FATA. The Supreme Court ruled that the Ordinance did not extend to FATA, and thus, the tax obligations outlined in the Ordinance were not applicable. As a result, the claims for tax refunds made by the petrol pump operators were deemed invalid. This decision highlights the complexities surrounding tax laws in regions with differing legal jurisdictions and the importance of understanding where tax obligations arise. The ruling serves as a precedent for similar cases where the jurisdiction of tax laws is questioned, particularly in areas like FATA that have unique legal standings. This case is significant for tax practitioners, policymakers, and businesses operating in such regions.... |
| 1965 SLD 98, 1965 PLD 665 | Civil Appeal No. 7-D of 1964 , decided on 11.06.1965 | The case of Rabia Khatun vs. Azizuddin Biswas revolved around the complexities of property gifts under Muhammadan Law and the implications of guardianship. The Supreme Court of Pakistan evaluated the principles governing the completion of gifts, especially when the donee is a minor. The court's decision underscored the significance of parental roles in property transactions and the legal recognition of adoptive relationships. This landmark ruling clarifies the legal framework regarding the necessity of possession delivery in gift scenarios, particularly involving minors. The court's interpretation of guardianship roles is crucial for future cases involving property gifts, ensuring that the rights of all parties are respected within the legal system. The case serves as a vital reference point for understanding the intersection of family law and property rights within the context of Islamic jurisprudence.... |
| 1987 SLD 335, 1987 SCMR 392 | Civil Petition No. 399-K of 1985 , decided on 15.05.1986 | This case revolves around a legal dispute for specific performance of a contract concerning an open plot of land, as per the Specific Relief Act. The petitioner, Rashid Khan, initially filed for specific performance and damages, but the trial court dismissed the suit entirely. On appeal, the High Court granted partial relief by ordering the return of earnest money and awarding damages based on market value differences. The Supreme Court ultimately ruled that the limited nature of the appeal did not allow for the consideration of specific performance, leading to a dismissal of the petition. Keywords include 'specific performance', 'damages', 'contract law', and 'Supreme Court of Pakistan', which are trending in legal discussions.... |
| 2013 SLD 2042, 2013 PTD 372, (2014) 109 TAX 38 | S.A.O. No.48 of 2005 , decided on 02.10.2012 | The case revolves around the interpretation of Sections 36C and 35C of the Central Excise Act, 1944, where the Peshawar High Court addressed the maintainability of an appeal filed by the Collector of Sales Tax and Federal Excise. It highlighted the necessity for the appeal to be filed by an 'aggrieved person' or the Collector, which was not the case here. The court discussed the definition of 'aggrieved person' and outlined the legislative purpose behind the distinctions made in the law. The decision underscored the importance of adhering to the prescribed legal processes and the implications of filing an appeal incorrectly. Key terms such as 'aggrieved person', 'Central Excise Act', and 'legal grievance' were central to the court's analysis, making this case significant for understanding procedural compliance in tax law appeals.... |
| 1990 SLD 683, 1990 SCMR 547 | Civil Petition for Leave to Appeal No. 22 of 1989 , decided on 17.06.1989 | This case revolves around an election petition for recounting of votes from an electoral unit in Okara. The petitioner, Muhammad Arif Chaudhary, challenged the Election Tribunal's order that accepted objections against the total recount of votes. The Supreme Court of Pakistan, presided by judges Shafiur Rahman and Ali Hussain Qazilbash, emphasized the importance of proper legal procedures in electoral matters. The court granted leave to appeal to determine whether the petitioner could challenge the correctness of the vote count while also contesting its incorrectness, highlighting the complex interplay of legal arguments in election disputes. This case underscores the critical nature of electoral fairness and the legal frameworks governing election petitions, which are vital for upholding democratic principles. Keywords: election petition, recount of votes, electoral integrity, Supreme Court of Pakistan, legal procedures, election laws.... |
| 2022 SLD 2318, 2022 SCMR 1946 | Criminal Petition No. 358-L of 2022 , decided on 23.08.2022 | In the case of Criminal Petition No. 358-L of 2022, the Supreme Court of Pakistan addressed the issue of pre-arrest bail for Rana Muhammad Imran Nasrullah, who was embroiled in a dispute concerning a plot of land. The petitioner argued that he had been falsely implicated in the case due to the complainant's mala fide intentions and that civil litigation related to the property was still pending. The court deliberated on the nature of the allegations, which included trespassing and criminal intimidation, and noted that several of the charges were bailable. Ultimately, the court emphasized the necessity of protecting individual liberty and granted bail, allowing for further inquiry into the case. This ruling underscores the court's commitment to justice and the need for thorough examination before depriving individuals of their freedom.... |
| 1984 SLD 711, 1984 SCMR 943 | Criminal Appeal No. 210 of 1978 , decided on 04.04.1984 | In the landmark case of SALIMUDDIN vs. THE STATE, the Supreme Court of Pakistan addressed significant legal questions regarding the conversion of convictions under the Penal Code. The case stemmed from a tragic incident where the appellant, while driving a bus, caused the death of Jamshed Khan due to reckless driving. Initially convicted under sections 304-A and 337 of the Penal Code, the case saw multiple revisions and appeals over the years. The High Court's decision to enhance the sentence and convert the conviction to a more severe charge under section 304 was contested in this appeal. The Supreme Court ultimately restored the original conviction, highlighting procedural fairness and the importance of timely justice in legal proceedings. This case underscores critical issues in criminal law regarding negligence, the rights of the accused, and the balance of justice in the legal system.... |
| 2000 SLD 963, 2000 SCMR 1336, 2000 SLD 1376 | Criminal Petition No. 80-L of 1999 , decided on 22.11.1999 | In the landmark case of Criminal Petition No. 80-L of 1999 before the Supreme Court of Pakistan, the petitioners, EASAB KHAN, Mst. Ghulam Sakina, and Ghulam Mustafa, sought suspension of their life sentences for murder under Section 426(1-A) of the Criminal Procedure Code. The Supreme Court, led by Chief Justice SAIDUZZAMAN SIDDIQUI, along with Justices SH. RIAZ AHMED and CH. MUHAMMAD ARIF, examined the claims made by the petitioners, which included arguments regarding their advancing ages and health conditions. The court ruled that the petitioners' entitlement to bail had not yet matured, and they could approach the High Court for an early hearing. The decision emphasizes the importance of following procedural guidelines while ensuring that the rights of the accused are preserved. This case highlights significant aspects of criminal law and the judicial processes in Pakistan, particularly regarding the suspension of sentences and the rights of the elderly and infirm. Key legal precede... |
| 2011 SLD 6494, 2011 PCRLJ 693 | Criminal Miscellaneous No. 3823/B of 2010 , decided on 21.10.2010 | In the case of Hafiz Iqbal Ahmad and Ishtiaq Ahmad, the Lahore High Court addressed their petitions for pre-arrest bail concerning allegations of causing injuries during an altercation. The court noted that while Hafiz Iqbal Ahmad was accused of using a pistol to inflict harm, the lack of recovery of the weapon and the serious nature of the injuries led to the dismissal of his bail application. On the other hand, Ishtiaq Ahmad's involvement was less direct, with injuries attributed to him classified as simple and thus bailable. This case underscores the importance of evaluating individual circumstances and the severity of allegations in bail decisions. Keywords such as 'bail', 'pre-arrest', 'Lahore High Court', and 'assault allegations' are trending and relevant in the legal landscape, making this case significant for legal practitioners and scholars alike.... |
| 2024 SLD 4919, 2024 PLJ 89 | W.P. No. 15-M of 2024 , decided on 16.01.2024 | This case revolves around the interpretation of the Illegal Dispossession Act, 2005, and the rights of legal heirs to continue a complaint following the death of a complainant. The High Court ruled that the death of the complainant does not terminate the proceedings if the complaint is not person-specific. The court underscored the importance of justice and the rights of legal heirs to pursue claims made by their predecessor. The case highlights the evolving jurisprudence regarding the continuation of criminal complaints post the complainant's demise, emphasizing that legal heirs can step in to ensure justice is served. The ruling aligns with established precedents that support the substitution of legal heirs in ongoing cases, thereby affirming the accessibility of legal recourse for families affected by dispossession. Keywords: Illegal Dispossession, Legal Heirs, Criminal Procedure, Court Rulings, High Court.... |
| 2008 SLD 6780, 2008 PCRLJ 309 | Criminal Appeal No.47-T and Murder Reference No.9- , decided on 12.12.2006 | This case involves a significant ruling by the Lahore High Court regarding a terrorist attack that occurred on August 9, 2002, resulting in fatalities and numerous injuries. The court examined the evidence presented by the prosecution, which included the identification of the accused by multiple eyewitnesses during an identification parade. The court also considered the absence of any motive for false implication and the strong corroboration of eyewitness accounts by medical evidence. The decision highlighted the importance of maintaining public safety and the severe implications of terrorism under the Anti Terrorism Act, 1997. The court's ruling reinforces the legal framework surrounding terrorism cases in Pakistan, underscoring the judiciary's commitment to address such heinous acts with stringent penalties. Keywords: Lahore High Court, Anti Terrorism Act, eyewitness testimony, identification parade, terrorism, public safety.... |
| 2007 SLD 522 = 2007 SCMR 404 | Criminal Petition No.87-K of 2005 , decided on 02.03.2006 | In this significant case, the Supreme Court of Pakistan dealt with the bail application of Farooq Mengal, accused of murdering his wife. The court highlighted the complexities surrounding bail considerations, particularly in cases involving retracted confessions and circumstantial evidence. The ruling underscored the principle that bail should not be granted merely on the basis of a retracted confession, especially when the evidence may suggest involvement. The case also touches on the procedural aspects of ensuring a swift trial, reflecting the court's commitment to justice and the rights of the accused. This case is pivotal in understanding the legal standards for bail in serious criminal allegations, particularly regarding the evidentiary weight of confessions and the implications of trial delays. Key terms include 'bail', 'murder', 'judicial confession', and 'criminal procedure', which are crucial in the legal discourse surrounding such cases.... |
| 1995 SLD 582, 1995 SCMR 347 | Criminal Appeals Nos. 144 K and 145 K of 1992 , decided on 23.12.1993 | In the case of Punhoon vs The State, the Supreme Court of Pakistan examined the evidence surrounding the murder of Abdul Wahid. The court focused on the principles of criminal justice, particularly the evaluation of evidence that led to the acquittal of other co-accused while maintaining the conviction of Punhoon. The court emphasized the importance of corroboration between ocular and circumstantial evidence in upholding the conviction under the Penal Code. The decision highlights the complexities of criminal appeals and the necessity for thorough judicial scrutiny in cases involving serious charges like murder. Key terms include 'murder conviction', 'corroborative evidence', and 'criminal justice principles', which are critical for understanding the case's legal implications and relevance in ongoing discussions about judicial processes.... |
| 2021 SLD 1919, 2021 PLJ 936 | C.M. No. 48-M of 2019 in C.M. Dairy No. 46946 of 2 , decided on 05.12.2019 | This case addresses critical issues surrounding the procedural aspects of criminal appeals within the Lahore High Court. Specifically, it highlights the importance of ensuring that petitioners are granted reasonable opportunities to address deficiencies in their submissions. The ruling underscores the necessity for court officials to adhere to procedural rules that protect the rights of individuals seeking justice. By focusing on the principles of fairness and accessibility, the Lahore High Court has set a precedent that aims to safeguard against administrative technicalities that could obstruct justice. Keywords such as 'criminal appeal', 'Lahore High Court', 'procedural fairness', and 'access to justice' are central to understanding the implications of this ruling.... |
| 1973 SLD 123 = 1973 SCMR 332 | Civil Petition for Special Leave to Appeal No. 61- , decided on 17.04.1973 | In the case of Salar Abdur Rauf vs. Mst. Barkat Bibi, the Supreme Court of Pakistan dealt with an appeal regarding a promissory note under the Negotiable Instruments Act, specifically Section 118. The petitioner claimed recovery of Rs. 10,208 based on a promissory note allegedly executed by Rasool Bhai Fingut. The trial court dismissed the suit due to lack of proof of consideration, a ruling later reversed by the Additional District Judge, who relied on Section 118's presumption of consideration. However, the High Court reversed this again, highlighting that the petitioner failed to provide credit-worthy evidence to support his claim. The Supreme Court upheld the High Court's decision, reinforcing the necessity of actual proof over presumption in such financial matters. This case illustrates the critical importance of presenting solid evidence in contract disputes and the legal standards governing promissory notes.... |
| 1989 SLD 717, 1989 SCMR 708, 1989 SLD 1273 | Civil Petition No.870 of 1984 , decided on 14.11.1988 | This case revolves around the employment dispute between Ajmal Hameed, a temporary junior engineer, and the Water and Power Development Authority (WAPDA). Hameed was on leave when he sought an extension that violated his initial agreement. Following his failure to return to work within the stipulated timeframe, he was dismissed. After three years, he appealed to the WAPDA for reinstatement, which was rejected. The Federal Service Tribunal ruled in his favor, leading to the WAPDA's appeal to the Supreme Court. The court's decision to grant leave to appeal highlights the legal complexities surrounding employment law, resignation, and the timeliness of appeals, emphasizing the importance of adhering to procedural norms in employment disputes.... |
| 1960 SLD 32, 1960 PTD 325 | Miscellaneous Judicial Case No. 633 of 1956 , decided on 06.10.1958 | This case revolves around the interpretation of section 10(2)(xv) of the Income Tax Act, 1922, concerning salary deductions for members of a Hindu undivided family involved in a partnership. The Patna High Court examined whether the payments made to family members were justified as business expenses. The court concluded that the payment of salaries to Gulzarilal and Madanlal could not be deducted as they did not contribute to the partnership's profits. This decision highlights the significance of demonstrating a direct link between salary payments and the services rendered in the context of commercial expediency. It serves as a crucial precedent for similar cases involving income tax deductions for family members in partnerships.... |
| 2014 SLD 677 = 2014 MLD 1639 | Civil Appeals Nos. 1 and 2 of 2008 , decided on 30.09.2013 | This case revolves around the principles of limitation and the condonation of delays in civil appeals. The Sindh High Court addressed the appeals filed by WAPDA, which were time-barred due to a failure to file within the prescribed period of 90 days. The court underscored the necessity for appellants to demonstrate sufficient cause for every day of delay, a requirement that was not met in this instance. The ruling highlighted that government departments are not entitled to preferential treatment in matters of limitation, reinforcing the notion that all litigants, regardless of their status, must adhere to the same legal standards. This case serves as a significant reference point for future litigations involving governmental entities and their compliance with procedural timelines. It emphasizes the importance of diligence in legal proceedings and the need for meticulous adherence to procedural laws to avoid the dismissal of appeals on technical grounds.... |
| 2014 SLD 2053, 2014 PLD 498 | Writ Petition No.3173 of 2011 , decided on 19.11.2013 | This case revolves around a family dispute involving a petition for the dissolution of marriage and related claims such as maintenance and recovery of dowry articles. The petitioner, Ayesha Bibi, sought to include her husband's father as a party in the case, arguing that he possessed certain items relevant to the claims. The Lahore High Court's decision highlights the importance of including all necessary parties in family law cases for an enforceable judgment. The ruling underscores the provisions of the Family Courts Act, 1964, particularly regarding the definition of 'party' in legal proceedings. This case serves as a crucial reference for future family law disputes, stressing the need for comprehensive adjudication involving all relevant parties. The court ordered the Family Court to expedite the decision-making process, thereby ensuring timely justice in family matters.... |
| 2018 SLD 2579, 2018 PCRLJ 1211 | Criminal Transfer Application No. S-108 of 2015 , decided on 08.03.2017 | In the case of Sindh High Court's Criminal Transfer Application No. S-108 of 2015, the petitioners, SYEDA RUKIYA SHAH and SYED GHULAM HUSSAIN SHAH, sought to transfer their case from the court of the IInd Additional Sessions Judge Ghotki, alleging bias. The basis of their claim was centered around the Presiding Officer's decision to grant post-arrest bail to the respondents, who were charged with serious offenses including double murder. The court found that the petitioners had not provided sufficient evidence to support their allegations of bias. The ruling emphasized the necessity for judicial officers to be protected from unsubstantiated claims, ensuring that the justice system operates efficiently without undue interruptions. The court ultimately dismissed the transfer application, directing the trial court to resolve the case expeditiously. This case highlights significant issues regarding judicial fairness, the importance of appeals in the legal process, and the responsibilities ... |
| 2003 SLD 740, 2003 SCMR 1856 | Civil Petitions Nos.317, 321 and 347-L of 1999 , decided on 01.07.2002 | In the case of Civil Petitions Nos.317, 321 and 347-L of 1999, the Supreme Court of Pakistan addressed the procedural issue of seeking adjournments in court cases. The court ruled on the necessity for advocates to provide timely notice to opposing counsel when requesting adjournments. This decision was made in light of a complaint from the Respondent's counsel, who was not informed of the adjournment request made by the Petitioner's counsel. The ruling aims to enhance the efficiency and fairness of court proceedings by ensuring that all parties are adequately informed and can manage their legal schedules. The court's decision underscores the importance of communication and procedural compliance in legal practice, which is essential for maintaining the integrity of the judicial process.... |
| 1992 SLD 608, 1992 CLC 317 | Writ Petition No. 3231 of 1990 , decided on 27.11.1990 | This case revolves around the constitutional jurisdiction of the Lahore High Court regarding an eviction order passed by the Rent Controller in Gujrat. The petitioner, Jan Muhammad, contested the order claiming that the relationship of landlord and tenant did not exist with the respondent, Allah Ditta. Key issues included the service of notice under the Displaced Persons (Comp. & Rehab.) Act, 1958. The court reaffirmed that constitutional review is limited to jurisdictional errors and upheld the lower courts' decisions. This case highlights the complexities of landlord-tenant relationships and the legal standards required for eviction processes in Pakistan, making it a relevant reference for similar cases in the future.... |
| 2002 SLD 1556, 2002 SCMR 1998 | Civil Petition for leave to Appeal No.650-L of 200 , decided on 17.04.2002 | In this pivotal case from the Supreme Court of Pakistan, the petitioners challenged the dismissal of their review application concerning a civil revision. The case revolves around procedural nuances of the Civil Procedure Code and the Constitution of Pakistan. The Supreme Court scrutinized the claims of the petitioners regarding their counsel's absence during the critical hearing, ultimately affirming the High Court's findings. This case underscores the importance of timely legal representation and the adherence to procedural requirements in judicial proceedings. The ruling emphasizes that failure to provide adequate evidence, such as an affidavit, can result in the dismissal of appeals, thereby reinforcing the procedural integrity of the judicial system. Key legal principles regarding review applications and the rights of petitioners were highlighted, making this case significant for future legal interpretations.... |