Browse through our most recent case law additions
| Citation(s) | Details | Summary |
|---|---|---|
| 1976 SLD 777, 1976 PLC 383 | Constitutional Petition No. 1576 of 1974 , decided on 09.01.1976 | This case revolves around the reinstatement of an employee of the Karachi Development Authority (KDA) who was dismissed from service following disciplinary proceedings. The employee, identified as respondent No. 3, was accused of misconduct, including sabotage and subversive activities. The Junior Labour Court had previously ruled in favor of the employee, leading to an appeal by the KDA to the Sindh High Court. The High Court upheld the decision of the lower court, emphasizing the importance of adhering to the established regulations governing employee conduct. The court ruled that the Industrial Relations Ordinance, 1969 was applicable, providing the employee with a right to challenge the dismissal. This case highlights the essential principles of labor law, especially in relation to statutory bodies and the protections afforded to employees against arbitrary dismissal. The decision reinforces the role of labor courts in ensuring fair treatment and adherence to due process in employm... |
| 1989 SLD 1653, 1989 SCMR 1392 | Civil Petition No.376 of 1984 , decided on 04.09.1988 | The case revolves around the constitutional jurisdiction of the High Court concerning the setting aside of an ex parte decree. The Supreme Court of Pakistan, in its decision dated 4th September 1988, affirmed the High Court's dismissal of a writ petition brought by Mst. ZAIDAT, which challenged the revisional order of the District Judge. The Supreme Court found that the previous decisions of the courts below were sound and did not warrant interference under Article 199 of the Constitution of Pakistan. This case highlights the importance of procedural due process and the limits of constitutional review in matters of civil litigation. The ruling serves as a precedent in understanding the boundaries of ex parte decrees and the revisional authority of trial courts. Key legal principles are reinforced regarding the appealability of decisions in civil matters, particularly in the context of constitutional jurisdiction. Legal practitioners should note the implications of this ruling for futur... |
| 2022 SLD 678, 2022 PCRLJ 558 | Special Criminal A.T. Appeal No. 196 , decided on 23.12.2021 | This case involves the appeals filed by Tariq Khan and others against the decision of the Anti-Terrorism Court which convicted them under various sections of the Penal Code and the Anti-Terrorism Act. The case revolves around serious allegations of murder and attempted murder linked to organized criminal activities. The High Court emphasized the necessity of determining jurisdiction before proceeding with trials, which is crucial for maintaining judicial integrity. The ruling reinforces the principle that cases not qualifying as terrorism under the Anti-Terrorism Act should be tried in ordinary courts, ensuring that defendants receive a fair trial in accordance with the law. This case serves as a significant precedent in the interpretation of jurisdictional limits of Anti-Terrorism Courts in Pakistan, stressing the importance of adhering to constitutional provisions for fair trial rights.... |
| 2016 SLD 2155, 2016 YLR 420 | C.R. No. 141-D of 2014 , decided on 10.09.2015 | This case revolves around the execution of a decree for the recovery of money where the objection was raised by respondents claiming to have purchased the property in question from the debtor. The High Court addressed significant legal principles regarding the admissibility of unregistered documents and the necessity of witness testimony in proving execution. The ruling underscored the critical nature of compliance with the Qanun-e-Shahadat and the Civil Procedure Code in such matters. The case serves as a precedent for future disputes involving document execution and the requirements for evidentiary support in legal proceedings. Key issues include the treatment of unregistered agreements in property disputes and the burden of proof on parties claiming rights based on such agreements.... |
| 2000 SLD 2178, 2000 PLD 418 | Writ Petition No. 17185 of 1999 , decided on 09.03.2000 | In the case of Ali Textile (Jhang) Limited vs. Government of Pakistan, the Lahore High Court addressed the jurisdiction of the Controller of Insurance under the Insurance Act, 1938. The petitioner, Ali Textile, had lodged a claim for damages caused by floods, but the Controller stated he lacked the authority to adjudicate the claim and directed the petitioner to the Claim Settlement Board. The Court reiterated the role of the Claim Settlement Board in resolving disputes related to insurance claims, thereby reinforcing the procedural pathway for insured parties seeking redress. This ruling highlights the importance of understanding the jurisdictional boundaries of regulatory bodies in the insurance sector, ensuring that insured entities are aware of where to file their claims for efficient resolution.... |
| 1998 SLD 810, 1998 SCMR 1985 | Civil Appeal No. 670 of 1984 , decided on 13.10.1987 | This case revolves around the seniority rights of civil servants under the Civil Servants Act of 1973. The central issue was whether the Federal Service Tribunal had appropriately recognized the seniority of S.A.M. Wahidi, a Deputy Solicitor, in light of his previous service in an ex-cadre role. The Supreme Court's ruling emphasized the importance of recognizing continuous officiation in a relevant post for determining seniority, which is a significant aspect of civil service law. The ruling provides clarity on how seniority should be calculated when there are overlapping roles and responsibilities in government positions, specifically under the framework of the Pakistani Constitution and civil service regulations. The case underscores the legal precedents set for future disputes regarding civil service appointments and promotions.... |
| 1991 SLD 1077, 1991 SCMR 921 | Civil Appeal No.186-K of 1990 , decided on 10.02.1991 | This case revolves around the interpretation and application of the Trade Marks Act (V of 1940) concerning the registration and opposition of trade marks. The Supreme Court of Pakistan examined the legal principles surrounding the grounds for opposition to the registration of a trade mark and the implications of res judicata in the context of trade mark disputes. The case highlights the importance of bona fide use of trade marks, the rights of registered proprietors, and the conditions under which trade marks can be registered. It emphasizes the need for careful scrutiny by the courts in ensuring that the principles of fairness and justice are upheld in trade mark registration processes. The decision underscores the necessity for lower courts to apply the law correctly and the implications of their judgments on the rights of parties involved in trade mark disputes.... |
| 2017 SLD 2662, 2017 PCRLJ 757 | Criminal Appeal No. 41 of 2014 , decided on 02.11.2016 | This case involves the conviction of Zakir Hussain for the kidnapping and murder of a 3-year-old boy, Muhammad Muawiya. The prosecution relied heavily on circumstantial evidence, as there were no eyewitnesses to the crime. The case was marked by the brutal nature of the murder, which led to public outcry and fear. The court found that the accused had failed to prove his insanity at the time of the crime, as he did not present any medical evidence to support his claims. The court's decision underscores the importance of circumstantial evidence in criminal cases, especially when direct evidence is lacking. The ruling also highlights the application of the Anti-Terrorism Act due to the societal impact of the crime, thus reflecting on the broader implications of such violent acts. Keywords: Criminal Law, Circumstantial Evidence, Anti-Terrorism Act, Pakistan Penal Code, Insanity Defense, Legal Proceedings.... |
| 1983 SLD 1614, 1983 PLC 583 | LHR-780 of 1981 , decided on 30.03.1983 | This case highlights the significance of proper procedures in industrial disputes involving employee reinstatement. The Labour Appellate Tribunal examined the circumstances under which an Enquiry Officer was appointed and the implications of technical defects in the enquiry process. The tribunal upheld the decision to reinstate the employee but denied back benefits due to the procedural shortcomings. This case serves as a critical reference for understanding the legal nuances of the Industrial Relations Ordinance and the importance of adhering to prescribed protocols during disciplinary proceedings. Such cases are pivotal for both employers and employees in navigating the complexities of labour laws and ensuring fair treatment in the workplace. Key phrases like 'industrial dispute', 'employee rights', 'procedural fairness', and 'labour laws' are essential for SEO optimization.... |
| 2016 SLD 2419, 2016 SCMR 1549 | Criminal Petition No. 16-L of 2016 , decided on 04.02.2016 | In the case of Mehmood Ali Bhatti vs. The State, the Supreme Court of Pakistan addressed issues surrounding bail in a criminal case involving serious drug-related charges. The petitioner, a police inspector, was accused of mishandling evidence in a case where 92 kilograms of heroin were recovered. The Court highlighted that the procedural lapses alleged against him might not constitute criminal liability but rather departmental irregularities. This case emphasizes the significance of due process and fair trial rights in the Pakistani legal system. The decision to grant bail reflects a careful consideration of the legal standards for pre-trial detention and the rights of the accused. The ruling also serves as a precedent for similar cases where procedural issues arise, ensuring that justice is administered fairly and without prejudice. Keywords such as bail, drug offences, procedural lapses, and fair trial rights are critical in understanding the implications of this case.... |
| 1988 SLD 1219, 1988 PLC 604 | RI-172 and 173 of 1986 , decided on 05.05.1986 | This case revolves around the appeals filed by Muhammad Nawaz and another against the Director of Soil Conservation, concerning wrongful termination under the Industrial Relations Ordinance, 1969. The court examined the conditions under which back benefits are awarded and emphasized the necessity for the employee to assert their joblessness post-termination. The ruling reinforced the principle that back benefits serve to compensate for lost earnings due to illegal termination, not as punitive measures against employers. This case is crucial for understanding employee rights and the burden of proof in wrongful termination claims. Keywords include wrongful termination, employee rights, back benefits, and Industrial Relations Ordinance.... |
| 2024 SLD 3458 | ITA NO. 3174/LB/2022 , decided on 04.09.2023 | The case involves M/s. Warda Designer Collection appealing against the decision of The CIR, LTO, Lahore regarding tax assessments under the Income Tax Ordinance, 2001. The Appellate Tribunal Inland Revenue, Lahore, presided by Accountant Member Muhammad Jamil Bhatti, examined the case on August 24, 2023, and delivered a decision on September 4, 2023. The tribunal's ruling focused on Section 122(5A) of the Income Tax Ordinance, 2001, addressing the nuances of tax law application. The decision is significant for stakeholders in the tax industry and emphasizes compliance with tax regulations. This case highlights the ongoing dialogue between taxpayers and tax authorities, reinforcing the need for transparency and adherence to legal standards in tax assessments. The tribunal's findings not only impact the parties involved but also set a precedent for future cases regarding tax compliance and enforcement. Overall, the case underscores the importance of understanding tax laws and the role of... |
| 2021 SLD 1115, 2021 SCMR 1725 | Criminal Petition No. 60 of 2017 , decided on 07.04.2021 | The case revolves around a kidnapping for ransom incident involving a child named Atique, who disappeared from outside his house. The petitioner's conviction was initially upheld by the trial court; however, upon appeal, the Supreme Court found serious evidentiary deficiencies. Notably, the absence of a test identification parade and the manner of identification during the trial raised concerns about the reliability of the evidence. The court highlighted that the prosecution failed to establish a solid case against the petitioner, leading to the conclusion that the conviction was not maintainable. The ruling reinforces the importance of upholding due process and the necessity for credible evidence in criminal proceedings, particularly in sensitive cases involving children. This decision serves as a critical reminder for legal practitioners regarding the standards of proof required in abduction cases and the implications of judicial conduct on trial outcomes.... |
| 2021 SLD 2927, 2021 PLJ 315 | Crl. A. No. 50712-J of 2017 , decided on 04.04.2019 | In the case of Sami Ullah and Mazhar Iqbal vs. State, the Lahore High Court dealt with a serious charge of murder under Section 302(B) of the Penal Code. The court found that the prosecution relied heavily on corroborative evidence, which was insufficient to meet the burden of proof required for a conviction. The primary witness's account was scrutinized as he was a distant observer with no direct connection to the events surrounding the murder. The court underscored the importance of robust evidence in criminal cases, stating that the absence of eye-witness testimony rendered the case weak. The decision highlights significant legal principles regarding the evaluation of evidence and the rights of the accused. Keywords from this case include 'murder', 'corroborative evidence', 'reasonable doubt', and 'criminal law', which are vital for understanding the intricacies of legal proceedings in similar cases.... |
| 1960 SLD 379, 1960 PLD 81 | Civil Rule No. 1032 of 1958 , decided on 17.12.1958 | This case revolves around the interpretation and enforcement of the Arbitration Act (X of 1940) in the context of a commercial dispute between Pakistan Trading Company and M. M. Ispahani, Ltd. The petitioner sought to revoke the authority of the arbitrators after realizing the complexities involved due to the devaluation of currency affecting the contract. The court highlighted the necessity for parties to honor their arbitration agreements and not to withdraw lightly from their obligations. This ruling reinforces the significance of arbitration as a means of dispute resolution, ensuring that parties cannot escape their contractual commitments without valid justification. Keywords such as 'Arbitration Act', 'Commercial Dispute', 'Dacca High Court', and 'Judicial Precedent' are essential for understanding the legal landscape surrounding this case.... |
| 2005 SLD 1727, 2005 CLD 1543 | Regular First Appeal No.321 of 1996 , decided on 06.03.2003 | In the case of Regular First Appeal No.321 of 1996, the Lahore High Court examined a dispute between the Agricultural Development Bank of Pakistan and Ghulam Murtaza regarding the recovery of a loan amounting to Rs. 1,56,790. The Banking Court initially decreed the suit but did not award liquidated damages to the Bank, which led to the appeal. The Tribunal's discretion in declining the damages was upheld, as it was based on sound principles and did not misinterpret the facts or the law. The case references established precedents in financial recovery, emphasizing the importance of adhering to legal standards in financial transactions. The ruling reinforces the necessity for banks to substantiate claims for liquidated damages to succeed in appeals. The decision is significant for financial institutions and legal practitioners involved in recovery matters, highlighting the balance between creditor rights and borrower defenses in loan recovery disputes.... |
| 2017 SLD 1358, 2017 SCMR 1639 | Criminal Appeal No. 311-L of 2009 and Jail Petitio , decided on 24.05.2017 | This case revolves around the appeal against the acquittal and the conviction of individuals involved in a murder case under the Penal Code. The Supreme Court dealt with the complexities of evidence presented during the trial and the implications of common intention in the context of Qatl-i-amd. The judgment highlighted the importance of judicial scrutiny in ensuring justice, particularly in cases with multiple accused and varying degrees of involvement. The legal principles established in this case are relevant for future cases involving similar charges and underscore the necessity for clear evidence in criminal proceedings. This landmark decision serves as a precedent for similar cases, reinforcing the judicial standard of proof required for conviction in murder cases, and the necessity to differentiate between degrees of culpability among co-accused. The keywords such as 'Supreme Court', 'murder conviction', 'Qatl-i-amd', 'common intention', and 'double presumption of innocence' are... |
| 1960 SLD 439, 1960 PLD 400 | Writ Petition No. 92 of 1959 , decided on 22.02.1960 | In the case of Kazi Altaf Hussain vs. The House Rent Controller and Others, the Dacca High Court examined the limits of its writ jurisdiction under the Constitution of Pakistan. The case arose from a tenant's appeal against a Rent Controller's decision that allowed the landlord to sue for ejectment based on bona fide requirement. The petitioner argued that procedural irregularities had occurred, but the court ruled that such claims did not meet the threshold for granting a writ, especially since the petitioner had already sought and failed to obtain relief through alternate legal channels. The judgment reiterated the principle that the High Court cannot substitute its judgment for that of lower courts simply due to perceived errors unless those errors are glaring violations of justice or jurisdiction. This ruling reinforces the procedural integrity of rent control matters in Pakistan, emphasizing the necessity for tenants to utilize existing remedies effectively before seeking writ rel... |
| 1970 SLD 753, (1970) 21 TAX 18, 1970 PTD 12 | I.T.A. Nos. 1601, 1602, 1603, and 1604 of 1967-68 , decided on 27.07.1968 | In the case concerning Income Tax Appellate Tribunal's decisions on I.T.A. Nos. 1601, 1602, 1603, and 1604 of 1967-68, the core issue revolved around the rejection of accounts maintained by the assessee under the cash system. The tribunal ruled that the Income-tax Officer had no grounds to dismiss the accounts as the assessee had followed a recognized accounting method, with no defects found in the financial records presented. The legal implications of the Companies Act and Income Tax Act were significant in determining the outcome, as the tribunal emphasized adherence to proper accounting practices and the rights of the taxpayer to maintain their chosen method of accounting. This case serves as a precedent in tax law, particularly regarding the treatment of accounting systems and the authority of tax officers in assessing taxpayer records, highlighting the balance between compliance and taxpayer rights.... |
| 2024 SLD 3937, 2024 PLJ 14 | C.P. No. S-1235 of 2018 , decided on 18.09.2018 | In the case of Mushtaque Ali vs. Province of Sindh, the Sindh High Court addressed the complexities surrounding the enforcement of sale agreements under the Constitution of Pakistan, 1973. The petitioner, Mushtaque Ali, claimed that a sale agreement concerning agricultural land was violated by the respondent, which led to ongoing litigation. The court held that disputes over property rights and the enforceability of agreements must be adjudicated through proper legal channels, emphasizing the importance of presenting both oral and documentary evidence in court. The ruling highlighted the limitations of constitutional petitions in resolving private disputes, reaffirming that such matters should be settled in courts of competent jurisdiction. The decision serves as a critical reference for future cases involving property disputes and contractual enforcement under Pakistani law.... |
| 1962 SLD 478, 1962 PLD 315 | Civil Appeal No. 30 of 1961 , decided on 19.04.1962 | In the landmark case of Civil Appeal No. 30 of 1961, the Supreme Court of Pakistan addressed the dismissal of Faiz Ahmed, an employee of the Pakpattan Central Co-operative Bank. The case centered on the principles of natural justice and the applicability of government service rules to employees of non-governmental institutions. The appellant contended that his dismissal was unlawful due to the lack of a second opportunity to show cause against the proposed punishment. However, the court ruled that the Co-operative Bank's adoption of government service rules did not confer the same rights as those guaranteed to government servants. The inquiry process was scrutinized, and it was determined that the appellant had been given sufficient opportunity to defend himself, including the chance to cross-examine witnesses. Ultimately, the court upheld the dismissal, emphasizing that the bank's bye-laws did not provide statutory protections akin to those of government employees. This case highlight... |
| 1968 SLD 225, (1968) 67 ITR 315 | MISC. CIVIL CASE No. 123 OF 1966 , decided on 25.08.1967 | This case revolves around the assessment of dividend income under the Income-tax Act, 1961. The central issue was whether the dividend income of Ujjain General Trading Society (P.) Ltd. should be computed based on the market price of shares on the date of declaration of the dividend or the value fixed by the company in its resolution. The Madhya Pradesh High Court ruled that the market price at the time of declaration should be used for assessment purposes. This decision underscores the importance of market valuation in tax assessments related to dividends. It highlights the legal interpretation of 'dividend' and how it impacts shareholders' income tax obligations. The ruling is significant for shareholders and companies alike, ensuring that the tax implications are fair and reflective of actual market conditions. The case further cites relevant legal precedents, emphasizing the need for clarity in financial reporting and tax assessments.... |
| 2012 SLD 1622, 2012 SCMR 1914 | Civil Petitions Nos. 549 to 559 and 575 to 589 of , decided on 24.04.2012 | In the case of the Federation of Pakistan vs. Ghulam Mustafa and others, the Supreme Court of Pakistan addressed the issue of pension rights under the Constitution. The court emphasized the importance of equality among citizens, particularly regarding pension increases granted by the Federal Service Tribunal. The decision reinforced the legal principle that all pensioners should receive equal treatment under the law. The judgment highlighted the role of the judiciary in ensuring fairness and justice, especially when it comes to financial entitlements. The case serves as a significant reference for future pension-related disputes, establishing a precedent for equality of treatment in financial matters. Keywords: pension rights, equality under law, Supreme Court of Pakistan, Federal Service Tribunal, legal precedent, constitutional rights.... |
| 2016 SLD 3848, 2016 YLR 2020 | Criminal Appeal No. 145-B of 2012 , decided on 19.02.2015 | This case revolves around a criminal appeal where the appellants, Inayatullah and Moeenullah, were originally convicted of murder and attempted murder under the Penal Code. The Peshawar High Court scrutinized the evidence presented during the trial, highlighting significant delays in lodging the FIR and inconsistencies in eyewitness testimonies. The court underscored the necessity for the prosecution to establish guilt beyond a reasonable doubt, a foundational principle of criminal justice. The judges noted that the prosecution's case was weakened by the abandonment of key witnesses and contradictions regarding the motive for the crime. Ultimately, the court ruled in favor of the appellants, emphasizing that the principle of 'benefit of doubt' is paramount in ensuring that no innocent person is wrongfully punished. This case serves as a critical reference for future cases involving similar legal principles.... |
| 2012 SLD 2453, 2012 YLR 1880 | Criminal Appeal No. 33 of 2010 , decided on 30.01.2012 | This case revolves around a criminal appeal concerning the grant of bail to the accused-respondent in a case involving serious allegations including attempt to commit qatl-e-amd (murder) and causing injury. The Supreme Court of Azad Jammu and Kashmir evaluated the Shariat Court's decision to grant bail, focusing on the nature of the injuries inflicted and the accused's involvement. Emphasizing the principles of law related to bail, the Court reaffirmed that in non-bailable offenses, the grant of bail is typically a rule unless exceptional circumstances arise. The Court found no evidence of such circumstances in this case, leading to the dismissal of the appeal. This case highlights important legal principles regarding bail and the judicial process in criminal matters, making it a significant reference point for future cases involving similar issues.... |
| 1981 SLD 336, 1981 SCMR 559 | Criminal Petition for Special Leave to Appeal No. , decided on 20.08.1980 | This case revolves around the conviction of Ilyas for the murder of Shah Nawaz, which occurred on September 26, 1974. The Supreme Court of Pakistan reviewed the evidence presented, including testimonies from eyewitnesses and medical reports. The court concluded that the ocular evidence was reliable and corroborated by medical findings, establishing that the deceased had been shot from a close range. The court dismissed claims of discrepancies in the FIR’s timing and the identification of the accused, asserting that the evidence overwhelmingly pointed to Ilyas's guilt. The decision highlights the importance of both ocular and circumstantial evidence in criminal cases, and it reinforces the legal principles surrounding the prosecution's burden of proof. Legal practitioners should note the ruling's implications for future cases involving similar evidentiary issues and the standards of proof required in murder cases, particularly in the context of eyewitness reliability and the significanc... |
| 2017 SLD 2486, 2017 YLR 2006 | Suit No. 920 of 2015 , decided on 18.08.2016 | In the case of Salahuddin Ahmed vs. Total Parco Marketing Ltd., the Sindh High Court addressed critical issues pertaining to the rights of a licensee under the Easements Act and the Civil Procedure Code. The plaintiff, who operated a filling and CNG station, sought to restrain the defendants from interfering with his possession of the property. The court found that the plaintiff's license did not provide him with any legal standing against the owner of the land, especially after the landowner successfully completed ejectment proceedings. The ruling highlighted that the plaintiff's investments in the property did not equate to ownership rights, and emphasized the necessity of having a direct agreement with the landowner to establish any legitimate claim. This case underscores the importance of understanding the legal implications of licensing agreements and the limits of rights conferred by such licenses in property law. Keywords: Sindh High Court, Easements Act, Civil Procedure Code, l... |
| 2013 SLD 1053, 2013 CLD 1451 | Suit No.1134 of 2011 , decided on 09.05.2013 | In the case of Suit No.1134 of 2011, the Sindh High Court addressed the complexities surrounding arbitration clauses in contractual agreements. The plaintiff, MESSRS SADAT BUSINESS GROUP LTD., sought the appointment of an arbitrator under Section 20 of the Arbitration Act, 1940, following the alleged wrongful termination of their contract by the defendant, the FEDERATION OF PAKISTAN THROUGH SECRETARY. The court examined the implications of force majeure events, including heavy rainfall that delayed shipments, and the responsibilities of both parties in adhering to contractual obligations. Ultimately, the court ruled that the arbitration clause survived the termination of the contract, allowing the dispute to be resolved through arbitration. This case highlights the importance of arbitration agreements in commercial transactions and their resilience against contract termination. Key phrases like 'arbitration clause', 'contract termination', and 'dispute resolution' are crucial for under... |
| 2018 SLD 1837, 2018 MLD 1354 | Criminal Appeal No. 17 of 2017 , decided on 25.01.2018 | The case revolves around the conviction of Gul Sher Khan for dacoity with murder under sections 396 and 34 of the Penal Code. The events occurred on September 26, 2015, when the complainant and his relatives were attacked by six armed individuals attempting to steal a motorcycle. During the incident, the complainant's nephew was shot and later died from his injuries. The evidence presented during the trial was marred by contradictions and dishonest improvements made by the witnesses, particularly the complainant. The judgment highlighted that the prosecution failed to establish a clear timeline and did not recover the stolen motorcycle, which was crucial for the case. The high court ultimately ruled in favor of the accused, citing a lack of reliable evidence and the principle of reasonable doubt. The decision underscores the critical need for solid evidence in criminal prosecutions to ensure justice is served.... |
| 2015 SLD 2121, 2015 SCMR 1461, 2016 PLJ 1 | Civil Petitions Nos. 816-L and 817-L of 2009 , decided on 05.06.2015 | In the case of Najm Koreshi vs. Chase Manhattan Bank, the Supreme Court of Pakistan addressed the complexities surrounding the execution of a decree for recovery of a specified amount. The focus was on the application of interest as per the Code of Civil Procedure. The petitioner, Najm Koreshi, was seeking to enforce a decree that mandated the recovery of £152,542.97 along with periodically prevalent interest. The court explored the provisions of sections 34 and 34(2) of the Civil Procedure Code, emphasizing that the executing Court must implement the decree in accordance with its terms. The Court ruled that the decree did not grant interest on the aggregate of the principal and accrued interest, and that such terms must be clearly spelled out in the decree itself. This case underscores the importance of specificity in legal decrees and the implications of delayed payments by judgment debtors, reiterating the principles of appropriation of payments and the jurisdiction of the executing... |
| 1994 SLD 648 = 1994 PLC 323 | Civil Appeals Nos. 312 and 313 of 1993 , decided on 15.11.1993 | In the Supreme Court of Pakistan case concerning Civil Appeals Nos. 312 and 313 of 1993, the court addressed significant issues regarding the imposition of major penalties on civil servants without conducting formal inquiries. The appellants, Nawab Khan and another, faced compulsory retirement and dismissal due to misconduct, which included bypassing normal channels of communication and using derogatory language against superiors. The Court underscored that such disciplinary actions could be valid without a full inquiry if the charges were based on clear evidence and admitted facts. This ruling aligns with the provisions of the Constitution of Pakistan and the Government Servants (Efficiency and Discipline) Rules, 1973, particularly Rule 5(1)(iii), which provides discretion to the Authorised Officer in disciplinary proceedings. The case highlights the balance between the rights of civil servants to fair defense and the authority of government officials to maintain discipline within the... |
| 1981 SLD 1500, (1981) 127 ITR 57 | IT REFERENCE No. 67 OF 1971 , decided on 13.05.1980 | This case revolves around the classification of land as agricultural under the Income-tax Act, 1961. The key issue was whether the land sold by the assessee was a capital asset subject to capital gains tax. The court analyzed the definition of agricultural land and determined that the operations performed on the land constituted agriculture, thereby excluding it from the capital asset category. The ruling reinforced the principle that the use of land for agricultural purposes is essential for tax implications, making it a vital case for understanding agricultural land taxation. The decision clarifies that agricultural operations must involve cultivation activities, and emphasizes the connection between land use and tax liabilities. This case is essential for tax law practitioners and agricultural businesses as it delineates the criteria for land classification, impacting tax obligations significantly.... |
| 1983 SLD 432, 1983 SCMR 720 | Civil Petition for Special Leave to Appeal No. K 1 , decided on 16.09.1974 | In this pivotal case, the Supreme Court of Pakistan addressed critical issues surrounding arbitration in construction contracts. The petitioner, the Republic of Pakistan, contested an award given to Messrs Hamid Construction Co. concerning extra work performed that deviated from the agreed specifications. The court's decision focused on the interpretation of the arbitration clause in the contract and the legitimacy of the extra payments claimed. The case highlighted the importance of clear contractual terms in construction agreements and set a precedent for future arbitration disputes. Keywords such as 'arbitration law', 'construction contracts', and 'dispute resolution' are essential for understanding the legal landscape shaped by this decision.... |
| 2006 SLD 3286, (2006) 287 ITR 142 | ... | |
| 2013 SLD 500, 2013 PCRLJ 1525 | Criminal Miscellaneous No. 530-P of 2013 , decided on 08.05.2013 | This case revolves around the granting of bail to Faisal Munir, who was charged under the Control of Narcotics Substances Act due to the alleged possession of narcotics. The court found significant procedural violations in the arrest and investigation led by an Assistant Sub-Inspector, which contravened established legal protocols. The lack of a forensic examination report further emphasized the need for a deeper investigation into the circumstances surrounding the arrest. Consequently, the court ruled in favor of granting bail, ensuring that the accused's rights were upheld under the law. This decision underscores the importance of adherence to legal procedures in narcotics-related cases and highlights the potential for judicial relief when procedural violations occur. Keywords such as 'bail', 'narcotics law', 'Peshawar High Court', and 'criminal procedure' are essential for understanding the implications of this case and its relevance in ongoing legal discussions.... |
| 1994 SLD 1257 = 1994 CLC 677 | Regular Second Appeal No. 144 of 1987 , decided on 04.12.1993 | In this landmark case decided by the Lahore High Court, the central issue revolved around the claim of pre-emption under the Punjab Pre-emption Act, where the appellants contended that they were tenants of the land in question at the time of sale. The court scrutinized the evidence presented, particularly focusing on the definition of a tenant as per the West Pakistan Land Revenue Act. The judgment emphasized the need for three attributes to establish a legal relationship of landlord and tenant: holding land, holding it under another person, and being liable to pay rent. The court found that the appellants failed to provide sufficient evidence to prove their status as tenants, thereby lacking the necessary grounds for pre-emption. This case highlights critical aspects of property law and tenant rights, making it a significant reference point for future cases regarding tenancy and pre-emption rights.... |
| 2008 SLD 2118, 2008 SCMR 784 | Criminal Petition No.571-L of 2001 , decided on 05.07.2005 | In the case of Muhammad Waris v. The State, the Supreme Court of Pakistan evaluated the conviction of Muhammad Waris for the murders of Muhammad Ramzan and Ghulam Abbas under section 302(b) of the Penal Code. The court scrutinized the credibility of the eye-witnesses, who were closely related to the deceased, and determined that their testimonies were reliable, given the lack of any ill-will or motivation to falsely accuse the petitioner. The court emphasized the importance of corroboration in legal proceedings, asserting that reliable eyewitness accounts diminish the necessity for additional evidence. The brutal circumstances of the crime, occurring in broad daylight, further supported the prosecution's case. The decision underscored the principles of justice and accountability within the legal framework, reinforcing the notion that heinous acts of violence warrant stringent penalties. This case serves as a precedent in the interpretation of evidentiary standards in murder trials, aff... |
| 1992 SLD 581, 1992 SCMR 825 | Civil Petition for Special Leave to Appeal No.953 , decided on 21.06.1981 | This case revolves around the Displaced Persons (Land Settlement) Act and involves complex issues of land allotment and possession. The petitioner, Muhammad Munshi, claimed rights to land allotted to him in 1961, while the respondents, represented by their father, had been in possession of the same land since 1951. The Supreme Court ruled that the petitioner's failure to assert his rights for over two decades negated his claim. This case highlights the critical role of possession in land law and emphasizes that long periods of inaction can undermine legal claims. Keywords: land settlement, Supreme Court, Pakistan, possession rights, legal claims, Displaced Persons Act, constitutional petition.... |
| 1985 SLD 915, 1985 SCMR 1706 | Civil Petition No. 216 of 1985 , decided on 03.03.1985 | This case revolves around the electoral dispute concerning the election of Muhammad Arif as a candidate from the Municipal Corporation Gujranwala. The Election Tribunal had declared his election void based on allegations of irregularities. The Supreme Court, upon reviewing the case, upheld the Tribunal's decision, emphasizing the importance of jurisdictional integrity and the discretionary powers of the Tribunal in handling evidence. The case highlights key aspects of electoral law and the appellate process within the framework of the Constitution of Pakistan, particularly Articles relating to election petitions. The Supreme Court's ruling reinforces the standards for evidence appraisal in electoral disputes, making it a significant reference point for future cases in Pakistan's electoral jurisprudence.... |
| 2008 SLD 1144, 2008 MLD 19 | Criminal Miscellaneous No. 7369-B of 2006 , decided on 25.10.2007 | In the case of Criminal Miscellaneous No. 7369-B of 2006, the Lahore High Court addressed the petition for bail filed by Muhammad Qasim, who had been incarcerated since 16-5-2005 for allegedly violating the Control of Narcotic Substances Act. The court highlighted the prolonged duration of custody, which exceeded two years, without any substantial progress in the trial proceedings. The judges, M. Bilal Khan and Tariq Shamim, underscored that the right to a speedy trial is a fundamental constitutional guarantee. They noted that the prosecution's failure to present evidence contributed to the delay, and therefore, granting bail was justified. This decision aligns with previous rulings where bail was granted under similar circumstances, reinforcing the legal principle that no individual should be held indefinitely without trial. The court ordered the petitioner to furnish a bail bond of Rs. 200,000 with a surety, ensuring compliance with legal requirements. This case reflects the judiciar... |
| 2011 SLD 1380, 2011 PLD 540 | Civil Appeal No.229-K of 2009 , decided on 01.03.2011 | This case revolves around the cancellation of a plot allotted to Hafiz Sheikh Anwar-ul-Haq and subsequent legal battles regarding possession and construction rights. The Supreme Court of Pakistan ruled on the appeal against the Sindh High Court's decision that affirmed the cancellation of the plot. The court highlighted that the cancellation was done without following due process and was discriminatory against the appellant. The decision emphasized the importance of lawful authority in administrative actions and the necessity of providing notice and opportunity to the affected parties. The ruling has implications for property rights, administrative justice, and the enforcement of contractual obligations in real estate. Key trending legal terms include 'property law', 'administrative justice', 'contractual obligations', and 'land rights'.... |
| 2018 SLD 2095, 2018 PTD 1716 | Writ Petition No. 634-B of 2016 , decided on 27.02.2018 | The case revolves around the seizure of vehicles by customs officials in Khyber Pakhtunkhwa, which were brought into Pakistan without the payment of customs duties. The petitioners, who were residents of North Waziristan Agency, claimed that they were Temporary Dislocated Persons (TDPs) and sought the release of their vehicles based on a circular issued by the provincial government. However, the court found that the circular was invalid as only the Federal Government has the authority to exempt customs duties under the Customs Act, 1969. The court ruled that the vehicles were illegally imported and thus could not be released on Superdari. This case underscores the importance of adhering to customs regulations and the limitations imposed on provincial authorities in matters of customs exemptions.... |
| 1996 SLD 1100, 1996 SCMR 167 | Criminal Appeal No. 228-L of 1993 , decided on 02.10.1995 | In the case of Iltaf Hussain vs. The State, the Supreme Court of Pakistan dealt with critical issues surrounding the admissibility of evidence and the necessity of public witnesses in criminal proceedings. The appellant was accused of possession of an unlicensed Kalashnikov and live cartridges, based solely on police testimonies. However, the prosecution failed to produce a key public witness, raising questions about the reliability of the evidence. The court stressed the importance of having public witnesses to support police claims, especially in cases involving serious allegations. This case underscores the judicial principle that the prosecution must prove its case beyond a reasonable doubt, and any failure to do so can result in the acquittal of the accused. The ruling also highlights the court's commitment to ensuring fair trials and upholding the rights of individuals against wrongful convictions.... |
| 1985 SLD 1076 = (1985) 153 ITR 215 | TAX CASE NOS. 119 AND 162 OF 1978 | This case revolves around the interpretation of section 271(1)(c) of the Income-tax Act, 1961, concerning penalties for concealment of income. The Madras High Court addressed the issue of whether penalties could be levied based on initial returns that were later amended by the taxpayer through voluntary disclosures. The court clarified that the focus of penalties should be on the conduct of the taxpayer during the assessment proceedings rather than solely on the truthfulness of the original returns. The case emphasizes the importance of considering the entire context of the assessment process, including voluntary disclosures and the lack of available records due to enforcement actions. The ruling reinforces the legal principle that penalties under tax law must be substantiated by clear evidence of concealment during the assessment process, thereby protecting taxpayers from unjust penalties when they act transparently and cooperatively with tax authorities.... |
| 2021 SLD 1325, 2021 PCRLJ 668 | Criminal M. No. 974-A/2020 in Criminal M. (B.A.) N , decided on 22.10.2020 | In this notable case, Mst. Safeena Shah sought permission from the Peshawar High Court to deposit her bail surety in cash due to her inability to arrange local sureties in District H, where she was not a resident. The court examined the implications of Section 513 of the Criminal Procedure Code, which allows for cash deposits of security under specific circumstances. The ruling underscored the importance of the accused's request in determining the court's decision on cash security. The judgment reflects the balance between legal provisions and the practical realities faced by individuals in the judicial system. This case highlights the role of courts in ensuring fair access to justice, especially in situations where individuals may face challenges in meeting traditional surety requirements. Keywords: bail, surety, Criminal Procedure Code, cash deposit, justice.... |
| 2003 SLD 134, 2003 PTD 1503 | I.T. As. Nos. 4466/LB and 4467/LB of 2002 , decided on 18.01.2003 | In this case, the Income Tax Appellate Tribunal addressed issues surrounding the lease arrangements of a shop owned by Mr. Javed, who had leased the shop from Naqi Trust. The Tribunal found that the tax authorities had unjustly dismissed the lease arrangement as collusive without adequate justification. The assessment for the years 1999-2000 and 2000-2001 was contested, with the taxpayer arguing that the dismissals were void ab initio due to lack of merit. The Tribunal emphasized the importance of treating the taxpayer as a lease income holder under the Income Tax Ordinance, specifically Sections 30 and 31, which govern income from other sources and allowable expenditures. The decision highlighted the legal principle that tax avoidance strategies are permissible as long as they do not involve mala fide intentions. This case sets a precedent for how lease agreements and income assessments should be approached, reinforcing the need for substantial proof of collusion before dismissing suc... |
| 1986 SLD 1995, 1986 PLC 274 | LHR-158 of 1985 , decided on 30.09.1985 | This case involves an industrial dispute regarding the age of the respondent, Haji Muhammad Rafi, and his retirement from service. The Labour Appellate Tribunal of Punjab was tasked with reviewing the decision of the Punjab Labour Court, which concluded that the respondent would reach the age of 60 on 27th May 1987. The case was remanded for further examination, including medical assessments to determine age. However, the respondent accepted the documents that indicated his age, which led to the court's decision. The appeal was accepted, and the grievance petition was dismissed, highlighting the importance of documented evidence in age-related disputes and the implications of legal admissions. The ruling underscores the significance of accurate record-keeping in employment matters, particularly concerning retirement age, and the binding nature of signed documents. This case serves as a precedent in industrial relations and age verification disputes, reinforcing the need for clarity and... |
| 1998 SLD 858, 1998 SCMR 2197 | Civil Appeals Nos.906 to 908 of 1994 , decided on 18.06.1998 | The Supreme Court of Pakistan, in the landmark case cited as 1998 SLD 858 and 1998 SCMR 2197, deliberated on the complexities surrounding land acquisition under the Land Acquisition Act, 1894. This case, arising from Civil Appeals Nos.906 to 908 of 1994, primarily addressed the procedural and substantive aspects of compensation for affected landowners in the N.W.F.P. region. The appellants, led by Muhammad Sarwar Khan, challenged the compensation mechanisms and procedural validity under sections 18 and 53 of the Land Acquisition Act, invoking the Civil Procedure Code, 1908, specifically Order I, Rule 8, to represent a collective of 1070 affectees. The Supreme Court, presided over by Judges Saiduzzaman Siddiqui, Raja Afrasiab Khan, and Wajihuddin Ahmed, emphasized the imperative of applying the Code of Civil Procedure to ensure equitable compensation distribution. The court's decision underscored the importance of representative capacity in legal proceedings, ensuring that all affected ... |
| 2006 SLD 2027, 2006 CLC 524 | Constitutional Petitions Nos.S-295 and S-296 of 20 , decided on 01.09.2005 | In the case of Rafique Ahmed vs. Anwar Ali, the Sindh High Court addressed important issues related to tenant rights under the Sindh Rented Premises Ordinance. The case revolved around the ejectment of a tenant due to alleged non-compliance with a tentative rent order. The Court found that the tenant's failure to deposit rent on time was due to an inadvertent error, partly caused by the Rent Controller's office. This decision highlights the importance of fair adjudication and the legal standards governing tenant-landlord relationships. The ruling reinforces the principle that penal provisions should not unjustly penalize tenants for innocent mistakes. The High Court's intervention ensures that cases involving tenant rights are handled with due diligence and care, ultimately favoring the merits of the case over procedural technicalities. This decision is significant in the context of tenant protection laws in Pakistan, providing a precedent for future cases where similar circumstances a... |
| 2023 PTD 1090, 2023 SLD 1874 | Customs Appeals Nos.K-571, K-572, K-573 of 2022 an , decided on 31.01.2023 | In the case of Customs Appeals Nos.K-571, K-572, K-573 of 2022 and K-1476 of 2019, the Customs Appellate Tribunal in Karachi addressed issues of mis-declaration concerning imported pneumatic tires. The appellants, MESSRS ATEEQ AUTOS AND OTHERS, contested the classification of their goods, which were deemed to be for light trucks by the respondent Collectorate. The Tribunal emphasized the lack of mens rea on the part of the appellants and highlighted significant legal flaws in the lower authorities' decisions. The case involved the Customs Act of 1969, specifically sections 32, 25, 79, and 80, which govern the importation and assessment of goods. The Tribunal's judgment reinforced the importance of adhering to proper legal procedures in customs assessments and the need for clarity in the classification of imported goods, particularly tires used in construction and mining. This ruling serves as a precedent for similar cases, ensuring that importers are treated fairly and that legal stand... |
| 2003 SLD 154, 2003 PTD 1659, (2003) 87 TAX 421 | R.A. No.708/LB of 2002 , decided on 07.01.2003 | In the landmark decision of R.A. No.708/LB of 2002, adjudicated on January 7, 2003, the Income Tax Appellate Tribunal (ITAT) deliberated on critical aspects of the Income Tax Ordinance, 1979. Represented by judges Khaweza Farooq Saeed and Imtiaz Anjum, the tribunal examined the appellant, Muhammad Asif's, claims against the respondent, Muhammad Sarwar Khawaja. The core issue revolved around Section 12(9A) of the Income Tax Ordinance, which pertains to income deemed to accrue or arise in Pakistan. The appellant challenged the Department's addition of previous years' profit in the profit calculations, asserting that such adjustments were unwarranted. The tribunal meticulously analyzed the definitions of 'income' and 'profit,' highlighting that while income encompasses a broader financial concept, profit is a subset within it. However, a direct and comprehensive definition of profit remains elusive. Referencing precedents like Biria Brothers (Pvt.) Ltd v. CIT (1966) and Shiri, Vastava an... |
| 1992 SLD 1835 = (1992) 198 ITR 743 | The case revolves around the interpretation of Section 52 of the Estate Duty Act, 1953, particularly concerning the acceptance of shares as payment for estate duty. The petitioner, Sandeep P. Mehta, contested the valuation of shares assessed by the authorities, which was significantly higher than the value proposed for acceptance. The Kerala High Court, presided over by Justice Chettur Sankaran Nair, determined that fairness and equity demanded that the shares be valued uniformly for both taxation and valuation purposes. The decision emphasized the importance of consistent valuation in tax assessments and resolved the matter in favor of the petitioner, thereby reinforcing the principle of equitable treatment in tax-related transactions. This case highlights key themes such as estate duty, tax liability, and the legal principles of equity and valuation in taxation, making it relevant for tax law practitioners and those involved in estate planning.... | |
| 1981 SLD 156, 1981 SCMR 69 | Criminal Petition No. 23 of 1980 , decided on 01.11.1980 | This case involves the conviction of Liaqat Ali and Khadim Hussain for the murder of Yousuf, which took place in broad daylight in Pakpattan town. The incident was witnessed by multiple individuals, including the deceased's father, and the evidence presented was deemed reliable. The petitioners' claims of false implication due to enmity were not substantiated. The court emphasized the importance of eyewitness testimony in establishing guilt and dismissed the petitioners' appeal. The ruling highlights the judicial system's reliance on credible evidence in murder cases, reinforcing the principle that justice must be served. Keywords include murder conviction, eyewitness testimony, Supreme Court of Pakistan, legal proceedings, and criminal law.... |
| 1968 SLD 289, (1968) 69 ITR 614 | IT REFERENCE No. 22 OF 1965 , decided on 07.07.1967 | This case involves a tax dispute where the Gujarat High Court examined the status of Distributors (Baroda) Private Ltd under the Income-tax Act, 1922, specifically section 23A, which addresses the distribution of profits as dividends. The central issue was whether the company qualified as an investment company, which would subject it to a higher tax rate of 100% on undistributed profits. The court analyzed the company's business activities, including managing agency commissions and income from share dealings. Ultimately, the court concluded that the business did not primarily consist of dealing in or holding investments, leading to a determination of a lower tax rate of 60%. This case underscores the need for a clear delineation of business activities in tax assessments and the implications of such classifications on tax liabilities. Keywords: Income-tax Act, investment company, tax dispute, Gujarat High Court, section 23A, dividend distribution, tax liabilities, business activities.... |
| 2003 SLD 981, 2003 SCMR 824 | Civil Petition No. 262/L of 1999 , decided on 10.05.2002 | The case revolves around the petitioner's claim for a special allowance based on his LL.M. degree in addition to the Ph.D. allowance that he was already receiving. The Punjab Subordinate Judiciary Service Tribunal had previously dismissed his appeal, leading to this petition for leave to appeal at the Supreme Court level. The Supreme Court upheld the Tribunal's decision, stating that there was no rule or government policy allowing for the dual allowance. The case highlights the importance of clear regulations regarding civil servant allowances and the interpretation of educational qualifications in the context of financial compensations. Keywords: Supreme Court, Punjab Subordinate Judiciary Service Tribunal, civil servant allowances, LL.M. degree, Ph.D. allowance, legal decision, judicial review.... |
| 2016 SLD 3594, 2016 CLC 1845 | D-2741 of 2016 , decided on 13.12.2016 | In the case of AZEEM AKHTER AND 27 others vs. GHULAM MUSTAFA MUGHAL, the High Court of AJ&K dealt with an appeal regarding a remand order issued by the Additional District Judge, Muzaffarabad. The core issue was the failure to attach the trial court's judgment with the appeal, which is a procedural requirement under the Civil Procedure Code. The court reiterated that the right to appeal is a statutory creation, and thus, an appeal must be properly instituted to be considered valid. The judgment highlighted the importance of legal compliance in filing appeals, referencing previous case law to substantiate its stance. The ruling serves as a reminder of the strict adherence to procedural formalities in civil litigation, ensuring that all necessary documents accompany an appeal to maintain judicial efficiency and integrity.... |
| 2007 SLD 3293, 2007 PLJ 284 | Jail Petitions Nos. 48 & 85 of 2004 , decided on 01.11.2006 | This case revolves around the convictions of several individuals involved in a violent incident that led to the deaths of two individuals. The Supreme Court of Pakistan reviewed the evidence presented, including eyewitness accounts, medical reports, and the circumstances surrounding the crime. The court highlighted the significance of corroborative evidence in criminal cases, particularly when dealing with hostile or interested witnesses. The ruling emphasized that the presence of minor discrepancies in witness statements does not necessarily undermine their credibility, especially when supported by substantial corroborative evidence. The court ultimately upheld the convictions and sentences, reinforcing the principles of justice and the need for thorough investigations in criminal matters.... |
| 2018 SLD 2466, 2018 YLR 2383 | Writ Petition No. 15971 of 2010 , decided on 28.02.2018 | In the case of Writ Petition No. 15971 of 2010 before the Lahore High Court, the court examined the implications of the Land Reforms Regulation, 1972, and the Constitution of Pakistan, 1973, particularly under Article 199. The petitioners, Naza and Others, challenged the decision of the Member (Consolidation) Board of Revenue Punjab regarding the status of certain land mutations. The court found that the petitioners could not substantiate their claims that the Board's decision was without jurisdiction or contrary to any law. The ruling reiterated the importance of adhering to established legal precedents regarding land ownership and rights, especially in light of the historical context of land reforms in Pakistan. The decision emphasized that mutations affecting land ownership must be examined within the framework of existing laws and regulations, and that the rights of Adna Maliks are protected under these laws. The court's decision to dismiss the writ petition serves as a reminder of... |
| 1984 SLD 1152, 1984 PLC 422 | Appeal No. 37 (K) of 1981 , decided on 10.01.1984 | This case revolves around the reinstatement of Hafiz Muhammad Jamil Khan, a time-keeper who faced disciplinary action resulting in compulsory retirement. The Federal Service Tribunal ruled that the actions taken against him were mala fide, as the charges of misconduct related to attendance were not supported by evidence. The inquiry was flawed and did not follow due process, leading to the conclusion that the appellant was wrongfully penalized. The Tribunal emphasized the need for fair treatment in disciplinary proceedings, highlighting the importance of adhering to established rules and regulations. This case underscores the significance of justice within civil service and the protection of employees' rights against arbitrary actions by authorities. Keywords include 'disciplinary action', 'service tribunal', 'mala fide', and 'wrongful termination'.... |
| 1980 SLD 733, (1980) 121 ITR 311 | SPECIAL CIVIL APPLICATION No. 1001 OF 1979 | In the landmark case, Meteor Satellite Ltd. v. Income Tax Officer, the Gujarat High Court addressed the crucial issue of tax clearance certificates in the context of international collaboration agreements. The petitioner, a public limited company, sought to remit royalty payments to a foreign company for technical services rendered outside India. The court scrutinized the provisions of section 9(1)(vi) of the Income-tax Act, 1961, which pertains to income by way of royalty. The court concluded that since the collaboration agreement was executed prior to April 1, 1976, and was duly approved by the Central Government, the payments were exempt from income tax. This ruling highlights the significance of understanding tax regulations in international business transactions, particularly in the realm of foreign investments and collaborations. The case underscores the need for businesses to navigate complex tax laws effectively while ensuring compliance with regulatory requirements. The decisi... |
| 1993 SLD 685, 1993 SCMR 1113 | Civil Appeal No.647-K of 1990 , decided on 23.01.1993 | The case pertains to the Supreme Court of Pakistan's ruling on Civil Appeal No.647-K of 1990, where the core issue revolved around the delay in payment of court-fees in an Intra-Court Appeal. The High Court had dismissed the appeal based on strict adherence to procedural rules, interpreting the delay as contumacious behavior. However, the Supreme Court reversed this decision, emphasizing the importance of proper court procedures regarding the specification of payment dates and amounts. The Court reiterated principles established in earlier cases, affirming that the defect in payment should be recognized from the original filing date, thereby preventing penal actions against the appellants. This ruling underscores the necessity for courts to provide clear directives regarding court-fee payments to ensure fair treatment of litigants.... |
| 1989 SLD 1637, 1989 PLC 904 | Appeal No. 59 of 1988 , decided on 26.02.1989 | In the case of Abdul Rehman Channar vs The Secretary, Education Department, Government of Sind, the Service Tribunal addressed the prolonged suspension of the appellant, which lasted over eight years. The Tribunal highlighted that the suspension was arbitrary and capricious, as there was no legal basis for such an extended period without review or communication. The Tribunal emphasized the importance of adhering to the Sind Civil Servants (Efficiency and Discipline) Rules, 1973, which stipulate that any suspension must be reviewed quarterly. The authority's failure to communicate the suspension effectively or to finalize disciplinary proceedings led to a violation of the appellant's rights. The Tribunal concluded that the appellant's appeal was valid, and the impugned order was set aside, reinstating the principles of fairness and due process in administrative actions against civil servants.... |
| 2007 SLD 796, 2007 CLC 200 | Regular First Appeal No.388 of 2004 , decided on 14.02.2005 | In this case, the Lahore High Court dealt with an appeal concerning an ex parte decree issued against the appellant due to their failure to appear in court. The respondent had filed a suit for recovery based on a dishonored cheque. The appellant's application to set aside the ex parte proceedings was dismissed by the trial court, which led to the appeal. The High Court emphasized the importance of vigilance in legal proceedings and upheld the trial court's decision, reinforcing the procedural integrity of the Civil Procedure Code. Key issues included the proper application of Order XXXVII and the requirement for defendants to be proactive in defending their rights. This case illustrates the significance of legal representation and the consequences of negligence in civil litigation.... |
| 1995 SLD 1458 = 1995 PLC 745 | Appeal No. 479(R) of 1994 , decided on 25.01.1995 | This case revolves around the appeal filed by Major (Retd.) Muhammad Ramzan regarding his entitlement to five advance increments after being selected for the position of Assistant Administrative Officer (B-17). The case highlights the procedural requirements for filing appeals under the Service Tribunals Act and the criteria for granting advance increments based on qualifications and the availability of suitable candidates. The tribunal's decision emphasizes the importance of adhering to the stipulated timeframes for appeals and the authority of the appointing body to make determinations regarding salary increments. The legal principles established in this case are significant for civil servants seeking redress under similar circumstances, particularly concerning the issues of procedural fairness and the application of administrative rules. Keywords relevant to this case include 'Service Tribunals Act', 'advance increments', 'civil service appeals', and 'administrative justice'.... |
| 1999 SLD 425, 1999 SCMR 1951 | Criminal Appeal No. 304 of 1997 , decided on 29.10.1998 | This case revolves around the appeal of Muhammad Zaroof and others against their convictions for murder, stemming from a violent altercation that led to the deaths of two individuals. The Supreme Court examined the nature of the incident, concluding it was an open fight without premeditation. The court noted that while the appellants engaged in acts that led to fatalities, the context of the altercation was critical in determining the appropriate level of culpability. The decision reflects the legal principles surrounding self-defense and the responsibilities of individuals in violent confrontations. The Court's ruling underscores the importance of contextual factors in adjudicating cases of violent crime, particularly in instances where the actions of multiple parties contribute to the outcome. This case is significant in understanding how courts navigate the complexities of criminal law, particularly regarding charges of murder and the circumstances that may mitigate sentencing.... |
| 1968 SLD 159, (1968) 70 ITR 860 | TAX CASE PETITION Nos. 11 TO 16 OF 1967 , decided on 16.01.1968 | This case revolves around the jurisdictional complexities concerning the Income-tax Act, specifically the provisions for references to the High Court under section 66. The Madras High Court analyzed the jurisdiction of the assessing officer and the implications of the location of the Income-tax Officer involved in the penalty proceedings. The court emphasized that in the absence of a direct statutory provision, principles derived from section 64 should guide the determination of jurisdiction. The case highlights the importance of understanding the legislative framework governing income tax assessments and the procedural nuances that influence jurisdictional authority. Key concepts include the relationship between the place of business and jurisdiction, and the court's final ruling clarifies that the Kerala High Court holds jurisdiction in this matter. The case underscores the need for clarity in jurisdictional matters within tax law, providing insights for legal practitioners and tax p... |
| 2008 SLD 1606 = 2008 SCMR 452 | Civil Petition No.3171-L of 2000 , decided on 07.12.2005 | In the case of Civil Petition No.3171-L of 2000, the Supreme Court of Pakistan addressed a dispute regarding the inheritance rights to the suit-land of late Mst. Ghogan. The petitioners, ABDUL GHAFOOR and others, sought to affirm their legal rights against the respondents, KALLU and others. The case hinged on the evidence presented by the petitioners demonstrating their relationship to the deceased through testimonies from village witnesses. The main legal considerations included the interpretation of the Qanun-e-Shahadat and the Civil Procedure Code, focusing on the validity of the evidence and the proper application of legal standards by lower courts. Ultimately, the Supreme Court reinstated the decisions of the lower courts, emphasizing the importance of accurate fact-finding and the evidentiary standards in inheritance disputes.... |
| 2003 SLD 900, 2003 PLC 388 | Civil Appeal No.92 of 2001 , decided on 08.04.2002 | This case revolves around the dismissal of an employee from Habib Bank Ltd. for misconduct, which was challenged through various legal avenues, culminating in an appeal to the Supreme Court. The court examined the implications of the amendment of section 2-A of the Service Tribunals Act, which altered the jurisdiction of appeals for bank employees. The Supreme Court ruled that the Labour Appellate Tribunal had the jurisdiction to hear the case, and the High Court's acceptance of the constitutional petition was deemed unwarranted. The ruling underscores the importance of interpreting statutes holistically and the procedural nature of amendments in law. Keywords include 'Supreme Court', 'Labour Appellate Tribunal', 'dismissal from service', 'jurisdiction', and 'legal rights'.... |
| 1985 SLD 2193, 1985 PLC 850 | MN-87 of 1984 , decided on 21.05.1984 | This case revolves around the termination of Muhammad Ramzan, a blacksmith who was employed on an ad hoc basis for over three years. The Labour Appellate Tribunal ruled that his employment should be considered permanent as he had completed the required probation period. The Tribunal emphasized the importance of following proper legal procedures for termination as outlined in the West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance. This case highlights the legal protections available to workers against wrongful termination, particularly in the context of employment classifications. Keywords: wrongful termination, employment law, industrial relations, legal procedures, reinstatement.... |
| 2013 SLD 2212, 2013 PLD 73 | F.A.O. No. 447 of 2011 , decided on 03.10.2012 | In the case of F.A.O. No. 447 of 2011, the Lahore High Court addressed the appeal of Muhammad Azam regarding the dismissal of his complaint against the National Bank of Pakistan and Master Motorcycle Private Ltd. under the Punjab Consumer Protection Act, 2005. The appellant claimed that his auto rickshaw was consuming excessive petrol and had malfunctioning parts. The court found that the complaints did not amount to manufacturing defects as defined by law. The absence of an air filter was not considered a manufacturing defect since it is a replaceable part, and the alleged faults did not affect the vehicle's basic design. The court clarified that the Act is not intended to remedy ill-advised consumer choices. This ruling reinforces the importance of consumer responsibility in product selection and the limits of consumer protection laws.... |
| 2018 SLD 3049, 2018 YLR 38 | C.F.A. No. 02 of 2012 , decided on 29.08.2016 | The case revolves around a civil suit for recovery of a specified amount which the appellant, Fida Trading Company, claimed was due from the Government of Pakistan. The underlying contract was for the supply of labor and specific work as per an agreement dated 14-09-1988. However, the court found that the appellant did not provide adequate evidence to prove the outstanding amount. The trial court had previously dismissed the suit due to insufficient proof regarding the claims made. This dismissal was contested in the Civil First Appeal, where the court emphasized the importance of having clear and compelling evidence to support claims of outstanding debts. The judges highlighted the lack of documentation confirming the appellant's claims and the need for the plaintiff to establish their case adequately. The decision underscores the significance of legal representation in civil disputes and the necessity of adhering to procedural requirements under the Civil Procedure Code. The case ser... |
| 1972 SLD 247, 1972 SCMR 398 | Petition for Special Leave to Appeal No. 174 of 19 , decided on 30.10.1972 | In the case of Shaukat Ali vs. Altaf Hussain Qureshi and another, the Supreme Court of Pakistan addressed a petition for special leave to appeal concerning the custody of Najma Bibi. The petitioner claimed he was married to Najma with her consent, while the respondents contended she was being unlawfully detained. The Court observed that the High Court had rightly concluded that the petition was an attempt to evade criminal charges related to kidnapping. The decision underscores the importance of examining the intentions behind petitions filed under Section 491 of the Criminal Procedure Code, particularly in cases where social and moral implications are significant. The Court found that the conflicting statements made by Najma necessitated a more in-depth inquiry into her circumstances. Ultimately, the Supreme Court upheld the High Court's ruling, emphasizing the need to protect individuals from potential abuse of legal provisions in pursuit of illicit relationships.... |
| 2023 SLD 2159, 2023 CLD 1283 | Case No. 287 of 2022 , decided on 19.07.2023 | In the case of Asma Qamar vs. Jubilee Life Insurance, the Insurance Tribunal of Lahore addressed significant issues regarding insurance claims and the obligations of insurance companies under the Insurance Ordinance, 2000. The case revolved around the interpretation of policy documents and the principle of 'utmost good faith' that governs insurance contracts. The petitioner sought recovery of the assured amount upon the maturity of her policy, while the respondent, Jubilee Life Insurance, contended that the petitioner was only entitled to the surrender value due to the nature of the policy. The tribunal found that the insurance company had engaged in misleading conduct by not clearly explaining the terms of the policy and failing to use plain language as mandated by law. Ultimately, the tribunal ruled in favor of the petitioner, emphasizing the importance of transparency and fair dealing in the insurance sector, which is crucial for protecting policyholders' rights. This case reinforce... |
| 2016 SLD 2007, 2016 PLJ 207 | C.P. No. D-3743 of 2015 , decided on 14.01.2016 | In the case of C.P. No. D-3743 of 2015, the Sindh High Court addressed a constitutional petition filed by M/S. Raas System Enterprises regarding a public tender for the widening and improvement of Hawksbay Road, Karachi. The petitioner alleged that the awarded contract was excessively priced and involved corrupt practices by the officials of the Local Development Authority (L.D.A). The court emphasized that the petitioner did not participate in the bidding process and filed the petition years after the award, rendering their claims inadmissible. The court upheld the legality of the tender process, confirming that all procedural requirements were met, and dismissed the petition for lacking substantive evidence of corruption. This case highlights the importance of timely participation in tender processes and the consequences of unfounded allegations in public contracting. Key legal principles include the necessity of locus standi and adherence to procurement regulations under the Constit... |
| 1983 SLD 1089 = (1983) 144 ITR 538 | IT REFERENCE No. 84 OF 1973 | In the landmark case adjudicated by the Calcutta High Court, the distinction between capital and revenue expenditure was critically analyzed under section 37(1) of the Income-tax Act, 1961. The case revolved around Karanpura Development Co. Ltd. and its claim for deduction of expenses incurred for relocating its laboratory. Initially, the Income Tax Officer deemed the expenses as capital due to the perceived enduring benefits, but the Tribunal later found no such lasting advantage and classified the costs as revenue in nature. This case underscores the importance of intent behind expenditures in tax law, particularly in determining their classification as capital or revenue. The ruling is significant for businesses engaging in operational improvements, emphasizing that expenditures aimed at enhancing efficiency may not always result in capital gains. The case references numerous precedents, enriching its legal significance, and serves as a vital resource for understanding the nuances o... |
| 2018 SLD 1745, 2018 YLR 1554 | Criminal Bail Application No. 1808 of 2017 , decided on 11.12.2017 | In the case of Muhammad Kamran Bhatti vs. The State, the Sindh High Court addressed a bail application concerning charges of dishonestly issuing a cheque under Section 489-F of the Penal Code. The court, presided over by Justice Aftab Ahmed Gorar, concluded that the applicant had a history of similar offenses, warranting a refusal of bail. The court highlighted the importance of maintaining integrity in financial transactions, particularly in light of the growing skepticism surrounding dishonored cheques. The decision reflects the judicial system's commitment to deterring financial crimes and protecting public trust. The refusal of bail serves as a reminder that each case is evaluated on its own merits, and habitual offenders are less likely to receive leniency. This ruling underscores the necessity for thorough scrutiny in financial matters, especially when allegations involve influential parties, which can often complicate the proceedings. The outcome of this case reinforces the prin... |
| 2010 SLD 1258 = 2010 MLD 1508 | Criminal Appeal No. 20-J of 2003 and C.S.R. No. 76 , decided on 24.02.2010 | This case revolves around a gruesome crime involving the murder of six individuals, including young children. The Lahore High Court examined the evidence presented, which included circumstantial evidence, extra-judicial confessions, and forensic analysis. The court highlighted the importance of careful scrutiny when considering extra-judicial confessions, noting that they are often seen as weak evidence. The decision underscored that the prosecution must prove the voluntary nature of such confessions. Ultimately, the court upheld the convictions and death sentences of the appellants, reinforcing the stance that sufficient circumstantial evidence can lead to a conviction even in the absence of direct evidence. Keywords include Lahore High Court, Pakistan Penal Code, Criminal Procedure Code, circumstantial evidence, and extra-judicial confessions, which are trending in legal discussions.... |
| 1981 SLD 1849, (1981) 131 ITR 257 | IT REFERENCE No. 149 OF 1975 , decided on 05.08.1980 | In the case of Nagri Mills Co. Ltd. v. Commissioner of Income Tax, the Gujarat High Court addressed the issue of whether the assessee could claim a deduction for an estimated gratuity liability under the Income-tax Act, 1961. The case revolved around the interpretation of sections 28(i), 145, and 37(1) of the Act, which govern the treatment of business losses and deductions. The court found that the assessee's practice of spreading the gratuity liability over several years, based on actuarial valuation, was consistent with the mercantile system of accounting. This approach allowed the company to reflect a more accurate financial position in its accounts and comply with accounting principles. The judgment underscored the importance of recognizing contingent liabilities, provided their present value can be determined. This case is significant for businesses that maintain a mercantile accounting system and seek to account for future liabilities in their financial statements. Keywords: Inc... |
| 2003 SLD 2442, 2003 CLC 171 | Revision Application No. 196 of 1993 , decided on 04.02.2002 | In the case of Muhammad Saleem vs. Abdul Majeed, the Sindh High Court addressed a revision application concerning concurrent findings of fact by lower courts in civil matters. The applicant sought to challenge the decisions made by the 1st Additional District Judge (Central), Karachi, which had upheld the dismissal of his suit for permanent injunction against the respondent. The High Court reiterated the limited scope of its revisional jurisdiction under Section 115 of the Civil Procedure Code, stating that it cannot substitute its own view in place of the concurrent findings of lower courts unless a jurisdictional error is established. The High Court found that both the trial and appellate courts had correctly assessed the evidence, leading to the dismissal of the applicant's claims. This case highlights the importance of substantive evidence in civil proceedings and the boundaries of the High Court's powers in reviewing lower court decisions. Key legal principles from previous cases ... |
| 2014 SLD 310 = 2014 PLC 1173 | Writ Petition No. 827 of 2013 , decided on 30.04.2014 | In the case of Writ Petition No. 827 of 2013, the Lahore High Court addressed the maintainability of a constitutional petition regarding the appointment of an Assistant Professor in Cardiology. The petitioner, Dr. Munir Ahmad Rashid, challenged the appointment of respondent No.5, claiming that he met the eligibility criteria while the respondent did not. The court ruled that the appointment was valid as it fell within the authority of the Selection Committee, which evaluated candidates based on qualifications. The court emphasized that disputes over qualifications require evidence, which cannot be assessed under Article 199 of the Constitution. The ruling highlights the importance of adhering to the selection process and the role of public service commissions in ensuring fair appointments. This case underscores the legal principles governing public service appointments in Pakistan, focusing on procedural integrity and the rights of candidates. Keywords include 'Lahore High Court', 'con... |
| 2021 SLD 2226, 2021 PLJ 202 | Crl. A. No. 630 of 2019 , decided on 28.10.2020 | The Supreme Court of Pakistan ruled in favor of the appellant in Crl. A. No. 630 of 2019, where the appellant was initially convicted under the Control of Narcotics Substances Act, 1997. The case centered around the failure of the prosecution to establish the safe transmission of cannabis, leading to the acquittal of the appellant. The judgment emphasized the significance of proper evidence and procedural adherence in narcotics cases, marking a critical precedent in drug law jurisprudence. This case serves as a reminder of the legal standards required for the prosecution in narcotics offenses, reinforcing the principle that the burden of proof lies with the state. The judgment also reflects ongoing issues within the legal framework surrounding drug-related offenses in Pakistan, where the integrity of evidence plays a pivotal role in determining the outcomes of such cases. The decision was made on 28th October 2020, underscoring the need for rigorous legal representation and the importa... |
| 1991 SLD 1273, (1991) 187 ITR 560 | In this case, the Bombay High Court addressed the issue of whether a claim for gratuity liability could be allowed when the assessee did not possess an approved gratuity fund. The Tribunal had initially permitted the claim, but the Revenue contested this decision based on established Supreme Court precedents. The judges ruled that the absence of an approved fund meant the claim could not be justified, emphasizing the necessity of compliance with the Income-tax Act. This ruling highlights crucial aspects of tax law regarding business disallowances and the importance of adhering to legislative requirements for gratuity claims, making it a significant case for tax practitioners and businesses alike.... | |
| 2017 SLD 487 = 2017 CLD 184 | Civil Revision Petition No. 387-B of 2012 , decided on 07.04.2016 | In this case, MST. SARDARA challenged the Banking Court's decision regarding the ownership of certain properties fraudulently transferred by Muhammad Hassan using a fake power of attorney. The properties were mortgaged to Zarai Taraqiati Bank due to a loan for a tube well, which was not repaid, leading to the bank obtaining a decree against the petitioner. The Peshawar High Court ruled that the Banking Court's decree was final and could not be contested in civil court, emphasizing the importance of the Financial Institutions (Recovery of Finances) Ordinance, 2001. This case highlights the complexities of property rights and the enforcement of financial orders in Pakistan's legal framework.... |
| 1949 SLD | D-2741 of 2016 , decided on 01.01.2022 | This case revolves around a significant legal matter adjudicated by the Sindh High Court, which has historically been a pivotal institution in the judicial landscape. The proceedings focused on key legal principles that resonate with current trends in jurisprudence, including the necessity for fairness, justice, and transparency in legal processes. The court's decision reflects a commitment to upholding the rule of law, which is essential for maintaining public trust in the legal system. As societal norms evolve, the judiciary continues to play a crucial role in interpreting laws, ensuring that justice is not only done but seen to be done. This case serves as a reminder of the importance of legal advocacy and the role of legal professionals in navigating complex legal issues. Keywords: legal principles, fairness, justice, transparency, rule of law.... |
| 1976 SLD 1076, 1976 PLC 181 | Petition No. 222 of 1974 , decided on 05.12.1975 | In the case of Messrs Rashid Textile Mills vs. Rafiq M. Wali and 2 Others, the Sindh High Court addressed the legality of the termination of the first respondent's employment during his probationary period. The court examined the provisions of the Industrial Relations Ordinance, 1969, and the Standing Orders Ordinance, 1968, particularly focusing on whether the respondent was entitled to notice before termination. The petitioner, a public limited company, argued that the first respondent's services were terminated due to unsatisfactory performance during probation. The court ultimately ruled in favor of the petitioner, concluding that the termination was valid and did not violate any legal provisions. The case highlights the significance of understanding employment laws concerning probationary periods and the rights of employers to terminate employment without notice under specific conditions. Key terms include 'termination of service', 'probationary period', 'employment law', and 'jur... |
| 2018 SLD 696, 2018 SCMR 756 | Cr.Misc. Application No. 1379 of 2017 in Cr. P. No , decided on 20.01.2018 | This case revolves around the implications of compromise in criminal law, specifically under section 345 of the Code of Criminal Procedure. The Supreme Court of Pakistan deliberated on the legal ramifications of accepting a compromise reached by the convicted individuals and the legal heirs of the deceased. The petitioners, Mureed Sultan and Nazeer Sultan, were initially sentenced to death for murder under section 302(b) of the Penal Code. However, following a compromise with the legal heirs, the Supreme Court accepted their application for release, highlighting the distinction between the effects of a compromise and an acquittal. The court's decision reflects the evolving nature of criminal law in Pakistan and the significant role of forgiveness and reconciliation in the judicial process. The ruling is critical for understanding how legal frameworks accommodate the interests of justice, particularly in cases involving severe penalties like the death sentence.... |
| 1989 SLD 714, 1989 SCMR 703, 1989 SLD 1270 | Civil Petition for Leave to Appeal No.54 of 1983 , decided on 15.11.1988 | This case highlights the complexities surrounding land rights and leases in Pakistan, particularly under the Colonization of Government Lands (Punjab) Act and the Constitution of Pakistan. The Supreme Court's ruling emphasized the importance of lawful possession and the implications of expired leases, as well as the tragic circumstances surrounding the murder of the subsequent allottee. The case serves as a critical reference for understanding land tenure disputes and the legal frameworks governing them in Pakistan, making it essential for legal practitioners and landowners alike to comprehend the nuances of property rights under existing laws.... |
| 2007 SLD 1661, 2007 PTD 250 | Special Sales Tax Reference Application No.81 of 2 , decided on 27.09.2006 | This case revolves around the interpretation of the Sales Tax Act, 1990, and the Sindh Sales Tax Ordinance, 2000, particularly concerning the chargeability of sales tax on services rendered to unregistered persons. The Sindh High Court focused on whether further tax could be levied under the provisions of the Sales Tax Act when services were provided to non-registered persons. The court held that the sales tax applicable on such services was strictly limited to 15%, as per the provisions of the Sindh Sales Tax Ordinance, 2000, which did not allow for the imposition of further tax without explicit legislative backing. This case underscores the importance of clear statutory provisions in tax law and the limitations on the powers of tax authorities in the absence of such provisions. The ruling serves as a significant precedent for similar cases in tax law, emphasizing the necessity for legal clarity and the importance of adhering to established statutory frameworks when imposing tax liabi... |
| 1992 SLD 596, 1992 CLC 219 | Intra-Court Appeal No. 4 of 1990 in Writ Petition , decided on 01.07.1991 | This case revolves around the principles of equality and fair treatment as enshrined in the Constitution of Pakistan. The Lahore High Court examined the actions of the Government concerning the sale of Evacuee Trust properties, asserting that all citizens are entitled to equal protection under the law. The court highlighted the importance of the doctrine of equality before the law, which prohibits arbitrary and discriminatory actions by the state. The judgment reinforced the notion that laws must be applied consistently and fairly, ensuring that no individual is treated preferentially based on wealth, power, or social status. The case serves as a pivotal reference for future legal interpretations of equality and justice in Pakistan, drawing attention to the necessity of upholding constitutional rights in administrative actions. This decision is crucial for advocates and legal practitioners focusing on constitutional law, human rights, and the protection of individual liberties.... |
| 2021 SLD 1501, 2021 YLR 913 | Criminal Appeal No. 230, Criminal Acquittal Appeal , decided on 30.04.2020 | This case revolves around a criminal trial concerning the murder of Abdul Haleem, where the Balochistan High Court reviewed the conviction of Abdul Wahid. The court scrutinized the testimonies of related witnesses, emphasizing that while their evidence cannot be dismissed solely due to their relationship with the victim, the lack of corroboration and inconsistencies raised doubts about their reliability. The prosecution's failure to promptly lodge the FIR and the significant delay allowed for potential manipulation of testimonies further undermined the case. The court highlighted the importance of credible witness accounts and the need for corroborative evidence in criminal proceedings, ultimately ruling in favor of the appellant. The case underscores critical issues in criminal justice, such as the impact of witness credibility and the procedural integrity of evidence collection. Keywords such as 'criminal appeal', 'murder conviction', 'witness credibility', 'FIR delay', and 'evidence... |
| 1995 SLD 1221 = 1995 PLC 386 | Appeals Nos. LHR-260 and 245 of 1987/Pb. , decided on 05.10.1987 | This case revolves around an industrial dispute concerning the dismissal of a bus conductor from Punjab Road Transport Corporation for alleged misconduct related to embezzlement and failure to issue tickets. The Labour Appellate Tribunal found that the dismissal was unjustified due to procedural errors, particularly the lack of a second show-cause notice and failure to properly serve inquiry notices. It highlighted the importance of following established practices in disciplinary actions, especially in transport worker cases, where it is customary to issue a second notice. The tribunal ruled that the respondent was wrongfully denied back benefits and reinstated him in service. This case underscores the significance of procedural fairness in labor disputes and the necessity of adhering to established protocols to ensure justice is served.... |
| 1989 SLD 362, 1989 SCMR 434, 1989 SLD 918 | Criminal Appeal No.39 of 1985 , decided on 01.06.1988 | In the landmark case of Criminal Appeal No.39 of 1985, the Supreme Court of Pakistan addressed critical issues related to evidence evaluation and the standard of proof in criminal law. The appellant, Muhammad Ajmal, was convicted by the Lahore High Court for the murder of Khalid Farooq Wattoo and sentenced to death. However, upon review, the Supreme Court found significant discrepancies in the prosecution's evidence, including contradictions between medical reports and witness testimonies. The court emphasized the necessity for the prosecution to provide clear, unimpeachable evidence to uphold a conviction. As a result, the court acquitted Ajmal, underscoring the principle that an accused is presumed innocent until proven guilty beyond a reasonable doubt. This case highlights the importance of credible evidence in ensuring justice within the legal framework. Keywords: criminal appeal, Supreme Court, evidence evaluation, murder conviction, legal principles.... |
| 1977 SLD 236, 1977 PLD 41 | 18-R of 1976 , decided on 07.10.1976 | The Supreme Court of Pakistan case involving Mehr Khan and Nawab centered around the murder of Bakhtawar. The incident occurred on February 5, 1971, at 7 PM, leading to Bakhtawar's death after being shot by Mehr Khan. The court considered various evidentiary aspects, including a dying declaration and eyewitness accounts. The court noted that the prosecution's evidence, despite the unusual motive attributed, was compelling enough to sustain the conviction. The ruling highlights the legal standards applied in murder cases, especially regarding witness credibility and the interpretation of dying declarations under the Evidence Act. This case serves as a critical reference point for future cases involving similar legal principles and evidentiary standards in Pakistan.... |
| 2007 SLD 1048, 2007 PTD 1458, 2008 PTCL 144 | Special Customs Reference Applications Nos.178, 17 , decided on 01.02.2007 | This case involves the classification of used dump trucks imported in SKD condition for off-highway use under the Customs Act, 1969. The Sindh High Court examined the decisions made by the Customs Tribunal regarding the appropriate PCT Heading for these vehicles, which is critical for determining the applicable duties and taxes. The court concluded that the classification under PCT Heading 8704.1000 was correct, based on past practices and judicial precedents. The decision highlights the importance of adhering to established legal principles and the binding nature of Supreme Court rulings on lower courts. This case serves as a key reference for future classifications of similar vehicles and reinforces the principle that judicial decisions must be consistent and reliable to maintain the rule of law in customs matters.... |
| 2015 SLD 1231, 2015 PLJ 741 | Crl. Appeal Nos. 589 of 2006, 130 of 2009 and 96 o , decided on 23.04.2015 | This case revolves around the interpretation of legal provisions concerning the compounding of offences, particularly in the context of qatl-i-amd under the Pakistan Penal Code. The Supreme Court of Pakistan deliberated on whether a compromise with an heir of the victim, rather than all legal heirs, could impact the sentencing of convicts sentenced to death. The court concluded that a compromise involving only some heirs does not suffice to warrant a reduction in the sentence. This case highlights the stringent requirements for compromising serious offences and reaffirms the necessity of considering the facts and circumstances of each case when determining punishment. The importance of full consensus among all heirs in cases of qatl-i-amd is underscored, as is the court's discretion in sentencing despite any compromises made. The ruling serves as a precedent for future cases involving similar legal questions and reinforces the gravity of premeditated murder, ensuring that justice is se... |
| 2022 SLD 1312, 2022 PLD 73 | Civil Revision No. 229 of 2017 , decided on 31.05.2021 | This case revolves around the blockage of the Computerized National Identity Card (CNIC) of FATIMA by the National Database and Registration Authority (NADRA). The petitioner argued that her CNIC was blocked arbitrarily without any notice, infringing her fundamental rights guaranteed by the Constitution of Pakistan. The court highlighted that the authority failed to provide evidence proving that FATIMA was not a citizen of Pakistan, emphasizing the importance of due process in such cases. The decision underscores the legal principles surrounding citizenship, the right to a fair hearing, and the implications of blocking essential identification documents. This case sets a significant precedent in protecting citizens' rights against arbitrary administrative actions. Keywords include 'National Database and Registration Authority', 'CNIC blockage', 'fundamental rights', 'due process', and 'citizenship'.... |
| 2008 SLD 386, 2008 CLD 522 | J.M. No.3 of 2006 , decided on 15.01.2008 | This case revolves around the winding-up petition filed for Interasia Leasing Company Limited under the provisions of the Companies Ordinance, 1984. The company faced dire financial circumstances due to its long-term association with Bankers Equity Limited, which had been taken over by the State Bank of Pakistan following fraud allegations. The court noted that Interasia Leasing's inability to raise equity and attract fresh funds led to severe liquidity issues. Despite attempts to merge with other companies, the negative equity condition made it impossible. The ruling highlights critical legal principles concerning corporate governance, insolvency, and the regulatory environment for non-banking finance companies in Pakistan. It serves as a crucial reference for understanding the implications of financial mismanagement and the legal recourse available under the Companies Ordinance, 1984, particularly Section 205. The case's outcome stresses the importance of financial stability and comp... |
| 2003 SLD 3248, 2003 PLD 432 | Criminal Appeal No. 1480 and Murder Reference No. , decided on 27.03.2003 | This case revolves around a brutal incident that occurred during a period of heightened sectarian tensions in Jhang, Pakistan. The Lahore High Court dealt with the appeal of several appellants convicted for their roles in a violent attack that resulted in the deaths of four individuals and injuries to nine others. The court's decision was grounded in the comprehensive evaluation of evidence, including eyewitness testimony and medical reports, which substantiated the claim of a sectarian motive behind the attack. The court underscored that the nature of the crime was not merely individual vengeance but rather a communal retribution, a significant aspect of terrorism cases. The judgment not only confirmed the convictions but also provided a detailed analysis of the motivations and the legal implications of the actions of the accused, making it a landmark case in the context of sectarian violence in Pakistan. Keywords such as 'sectarian violence', 'terrorism', 'court decision', and 'legal... |
| 2022 SLD 3010, 2022 YLR 754 | Jail Criminal Appeal No. 1-I of 2021 , decided on 30.04.2021 | The case revolves around the conviction of Muhammad Fazil for the murder of Muhammad Karim, who was robbed and subsequently died from injuries inflicted by the accused. Key evidence included a dying declaration made by the complainant, which was recorded shortly before his death, and corroborated by independent witnesses. The prosecution established a strong link between the accused and the crime through medical evidence and witness testimonies, leading to the dismissal of the appeal and the upholding of the life imprisonment sentence. This case highlights the importance of dying declarations in criminal proceedings and the legal standards for their admissibility. Keywords include 'murder conviction', 'dying declaration', 'criminal appeal', 'evidence in court', and 'legal standards'.... |
| 2023 PLD 46, 2023 SLD 1899 | Writ Petition No. 3573-P of 2022 , decided on 28.09.2022 | This case revolves around the Peshawar High Court's decision regarding the imposition of a maximum demand indicator in electricity bills affecting the petitioners, Cherat Cement Co. Ltd. The petitioners challenged the decision made by the National Electric Power Regulatory Authority that led to this imposition. The court ruled that adequate remedies were available under the Regulation of Generation, Transmission and Distribution of Electric Power Act, 1997, specifically sections 7(g) and 12-A, which provide mechanisms for addressing grievances related to tariff determinations. The court's ruling underscores the importance of exhausting statutory remedies before invoking constitutional jurisdiction, a significant principle in administrative law. The findings of this case contribute to the body of case law interpreting the boundaries of judicial review and the interplay between statutory remedies and constitutional rights in Pakistan.... |