Honourable Chief Justice of Pakistan

Honourable Chief Justice of Pakistan
Mr.Justice Gulzar Ahmed

Cinque Terre

Honourable Chief Justice
Mr. Justice Ahmed Ali M. Shaikh

Cinque Terre

Honourable Chairman I.T. Committe
Mr. Justice Muhammad Ali Mazhar

Latest Case Law (Approved For Reporting)
1 . Const. P. 4658/2018 Dewan Motors (Pvt) Ltd and Ors V/S Fed. of Pakistan and Others Sindh High Court, Karachi [SHC Citation: 2020- SHC-KHI - 145624 ]
A Divisional Bench of this Court comprising of Mr. Justice Aqeel Ahmed Abbasi and Mr. Justice Abdul Maalik Gaddi, has pronounced the judgment on 06.08.2020 in the case of Dewan Motors (Pvt) Ltd. and others v. Federation of Pakistan & others (along with connected petitions), wherein, the Hon'ble bench of Sindh High Court has been pleased to dispose of all the petitions in the following terms:- " (i) The impugned sub-section (2) of Section 221-A of the Customs Act, 1969, as added vide Finance Act, 2018, is ultra vires to the Constitution of Islamic Republic of Pakistan, 1973, as through impugned amendment the legislature has attempted to validate constitutional defect while making amendment in sub-section (3) of Section 18 of the Customs Act, 1969, and issuance of SRO 1035(I)/2017 dated 16.10.2017, through Finance Act, 2017, however, without making the required constitutional amendment. (ii) The Regulatory Duty charged and collected pursuant to amendment in sub-section (3) of Section 18 of the Customs Act, 1969, and issuance of SRO 1035(I)/2017, through Finance Act, 2017, has already been declared by the Divisional Bench of this Court in the case of Premier Systems (Pvt) Ltd. v. Federation of Pakistan and others (2018 PTD 861), as illegal and unconstitutional in the light of judgment of the Hon'ble Supreme Court of Pakistan in the case of Mustafa Impex, Karachi & others vs. The Government of Pakistan & others, (PLD 2016 SC 808), therefore, in the absence of any constitutional amendment, cannot be validated through subsequent amendment in law, while giving it retrospective effect in respect of past and closed transaction, therefore, no Regulatory Duty can be charged, collected or recovered for the period starting from the date of commencement of Finance Act, 2017 till the date of commencement of Finance Act, 2018.
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Matter:CUSTOM (RD)

2 . Const. P. 1046/2019 Ashfaq Muhammad Awan and Ors V/S Fed. of Pakistan and Others Sindh High Court, Karachi [SHC Citation: 2020- SHC-KHI - 145529 ]
A Divisional Bench of this Court comprising of Mr. Justice Aqeel Ahmed Abbasi and Mr. Justice Mahmood A. Khan, has pronounced the judgment on 24.07.2020 in the case of Muhammad Ayaz Khan and others v. Federation of Pakistan & others (along with C.P.No.D-1046/2019), whereby, Members of the Establishment of Sindh High Court and Members of Establishment of the Establishment of sub-ordinate judiciary of Province of Sindh, expressed their grievance against withholding of income tax by the Accountant General Sindh on the amounts paid towards Judicial Allowance and Special Judicial Allowance by treating the same as part of their salary income chargeable to tax under the Income Tax Ordinance, 2001. The Hon'ble bench of Sindh High Court has been pleased to allow both these petitions in the following terms:- "In view of hereinabove facts and circumstances of the case, we are of the considered opinion that amount of judicial allowance and special judicial allowance paid to the Members of establishment of Sindh High Court as well as to the Members of the establishment of sub-ordinate judiciary of Province of Sindh falls within the exclusion in terms of clause (c) of sub-section (2) of Section 12 of the Income Tax Ordinance, 2001, therefore, not part of their taxable salary income, hence, not chargeable to Tax or deduction under Section 149 of the Income Tax Ordinance, 2001. Accordingly, withholding of income tax on the aforesaid amounts is hereby declared to be illegal and without lawful authority. Consequently, both the constitutional petitions are allowed along with listed applications. Respondents are directed not to withhold any amount of income tax from judicial allowance and special judicial allowance of the Members of establishment of Sindh High Court as well as the Members of establishment of sub-ordinate judiciary in Province of Sindh. The amounts already deducted from the salary of the Members of establishment of Sindh High Court as well as to the sub-ordinate judiciary, shall be refunded by the FBR, on their filing refund applications in accordance with law, preferably, within a period of three months from the date of such claims."
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Matter:INCOME TAX

3 . Const. P. 1019/2019 Muhammad Ayaz Khan & Ors V/S Fed. of Pakistan and Others Sindh High Court, Karachi [SHC Citation: 2020- SHC-KHI - 145528 ]
A Divisional Bench of this Court comprising of Mr. Justice Aqeel Ahmed Abbasi and Mr. Justice Mahmood A. Khan, has pronounced the judgment on 24.07.2020 in the case of Muhammad Ayaz Khan and others v. Federation of Pakistan & others (along with C.P.No.D-1046/2019), whereby, Members of the Establishment of Sindh High Court and Members of Establishment of the Establishment of sub-ordinate judiciary of Province of Sindh, expressed their grievance against withholding of income tax by the Accountant General Sindh on the amounts paid towards Judicial Allowance and Special Judicial Allowance by treating the same as part of their salary income chargeable to tax under the Income Tax Ordinance, 2001. The Hon'ble bench of Sindh High Court has been pleased to allow both these petitions in the following terms:- "In view of hereinabove facts and circumstances of the case, we are of the considered opinion that amount of judicial allowance and special judicial allowance paid to the Members of establishment of Sindh High Court as well as to the Members of the establishment of sub-ordinate judiciary of Province of Sindh falls within the exclusion in terms of clause (c) of sub-section (2) of Section 12 of the Income Tax Ordinance, 2001, therefore, not part of their taxable salary income, hence, not chargeable to Tax or deduction under Section 149 of the Income Tax Ordinance, 2001. Accordingly, withholding of income tax on the aforesaid amounts is hereby declared to be illegal and without lawful authority. Consequently, both the constitutional petitions are allowed along with listed applications. Respondents are directed not to withhold any amount of income tax from judicial allowance and special judicial allowance of the Members of establishment of Sindh High Court as well as the Members of establishment of sub-ordinate judiciary in Province of Sindh. The amounts already deducted from the salary of the Members of establishment of Sindh High Court as well as to the sub-ordinate judiciary, shall be refunded by the FBR, on their filing refund applications in accordance with law, preferably, within a period of three months from the date of such claims."
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Matter:INCOME TAX

4 . Const. P. 444/2019 Aam Loeg Ittehad & Ors V/S Election Commission of Pakistan and Ors Sindh High Court, Karachi

Topic: Constitution of Pakistan, 1973 (199), Election Matters

[SHC Citation: 2020- SHC-KHI - 145321 ]
A Divisional Bench of this Court comprising of Mr. Justice Aqeel Ahmed Abbasi and Mr. Justice Zulfiqar Ahmad Khan, has pronounced the judgment on 12.06.2020 filed by Aam Log Ittehad, through its Secretary General Azhar Jamil and Mr. Wajihuddin Ahmed (former Judge of Hon?ble Supreme Court of Pakistan) in his capacity as Human Rights and Political Activist, challenging the appointment of respondents No.2 to 5, Justice (Retired) Shakeel Ahmed Baloch, former Judge, Balochistan High Court; (ii) Justice (Retired) Irshad Qaiser, former Judge, Peshawar High Court; (iii) Justice (Retired) Altaf Ibrahim Qureshi, former Judge Lahore High Court; & (iv) Abdul Ghaffar, a former bureaucrat, who according to petitioners, have been appointed in violation of Article 207 of the Constitution of Islamic Republic of Pakistan, 1973, which provides that "a person who has held office as a Judge of the Supreme Court or of a High Court shall not hold any office of profit in the service of Pakistan, not being a judicial or quasi-judicial office or the office of Chief Election Commissioner or of Chairman or member of a law commission or of Chairman or member of the Council of Islamic Ideology, before the expiration of two years after he has ceased to hold that office". This being a case of first impression on the subject constitutional and legal points has been decided through this detailed judgment by Hon?ble Bench in the following terms: "22. We would, therefore, sum up our findings on various constitutional and legal grounds agitated by the petitioners and the objections as to maintainability of instant petition raised by the respondents, in the following terms: (i) Petitioners have the locus standi to file instant constitutional petition in the nature of quo-warranto under Article 199(i)(b)(ii) of the Constitution of Islamic Republic of Pakistan, 1973 for the reason that any person, who may not be an aggrieved party, can invoke the constitutional jurisdiction of a High Court for issuance of a writ of quo-warranto so that a High Court may examine the validity of an appointment to a public office, on constitutional and legal grounds. In view of our detailed finding as recorded in Para: 9 to 12 hereinabove, the objections raised by the respondents with regard to maintainability of instant petition on various grounds, including: (i) locus standi of petitioners to file instant petition; (ii) mala fide on the part of the petitioners; (iii) latches; and (iv) lack of territorial jurisdiction of this Court, are hereby declared to be without any substance, hence over-ruled. ii) Office of Election Commission of Pakistan is a "quasi-judicial office", therefore, bar of expiration of two years in terms of Article 207(2) of the Constitution of Islamic Republic of Pakistan, 1973, would not be attracted in the case of appointment of retired judges of Supreme Court and High Court(s). Therefore, a writ of quo-warranto cannot be issued against respondents Nos. 2 to 4 being the retired Judges of different High Courts on the grounds that their appointments have been made before expiration of two years from the date when they ceased to hold office as Judges of High Courts. Accordingly, writ against respondents Nos.2 to 4 is misconceived and not maintainable. iii) As regards issuance of writ of quo-warranto against respondent No.5, a retired bureaucrat, no substantial constitutional or legal ground has been agitated, nor any sufficient material or evidence has been produced in support of the allegations of corruption, therefore, we are not inclined to conduct any inquiry or to make a probe into the allegations levelled against respondent No.5 while exercising constitutional jurisdiction under Article 199(i)(b)(ii) of the Constitution in the instant case. Accordingly, writ against respondent No.5 is not maintainable.
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Matter:QUO WARRANTO

5 . M.A. 24/2020 MUHAMMAD SHAH KAKAR THR ATTORNEY AHMED SHAH V/S INTELLECTUAL PROPERTY TRIBUNAL AT SINDH & BALOCHIS Sindh High Court, Karachi

Topic: TRADE MARK (Section 5(2) of Trade Marks Ordinance, 2001 ), TRADE MARK (Section 40 of Trade Marks Ordinance, 2001), CUSTOM, Itellectual Property Law (Trade Mark Cases)

[SHC Citation: 2020- SHC-KHI - 145236 ]
SRO 170(I)/2017 dated 17.03.2017 is for "imported goods only" and was not applied to parallel or grey market imports and de-minimis imports. Powers to take action, detention, seizure, confiscation of goods imported into or taken out of Pakistan were/are always available with the customs officials and it is not that SRO 170(i)/2017 that has empowered them, it only set the process to be initiated by custom officials in relation to goods being imported. What was amended by virtue of SRO 768(I)/2014 is also very material. In Section 3CC and 3E of Customs Act, 1969 formation of the Director General of Intellectual Property Rights Enforcement was redesigned along with its functions, jurisdiction and powers. In the present case Tribunal could only pass order to the extent of trade mark being an infringed one or otherwise and to restrain it from being violated. The Procedural action of custom officials was not questioned independently by respondent. Once the effect of infringement was determined by tribunal the customs officials would definitely have followed it. Color and color scheme also at time claimed to be an inventive one but that is not the case here as no one has claimed livery or color scheme or get up to be a mark of distinction under any intellectual property rights. Both parties are contesting over one mark i.e Tabiat and no one has claimed any exclusive right over livery or dress up of mark. So everything is a disclaimer except "Tabiat". If there are deceptive liveries of common product like rice, with one trade mark "Tabiat" in the absence of a right claimed under the liveries, the buyer would definitely get confuse and jump to some other brand as a natural course. In terms of Section 5(2) of Trade Marks Ordinance, 2001 goods even if not meant for a local consumption but only to enter the port for onwards journey, would mean the use of mark within jurisdiction. Unless goods in transit are defined otherwise, only aforesaid meaning is deducible. Construction of our Trade Mark Ordinance, 2001 is also based on same scheme and there is no inconsistency as far as framing of relevant provision trade mark is concerned. The word import or export (exclusively or inclusively) not defined under the law in hand differently that is dealing with goods in transit. The case of the appellant is on better footing since the attempt is made to export the goods from the territory where the mark is registered The word "use" as explained above is also applicable to goods "for export only" and hence Section 5(2) read with section 40 of Trade Mark ordinance 2001 would be interpreted accordingly as use within territory of Pakistan.
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Matter:TRADE MARKS ACT

6 . Const. P. 2180/2017 Masood Ahmed Wassan & others V/S Province of Sindh & others Sindh High Court, Circuit at Hyderabad

Topic: Colonization of Government Land (Sindh) Act, 1912, Sindh Land Utilization Department

[SHC Citation: 2020- SHC-HYD - 145281 ]
For roads, bridges, gas/oil line etc. most precious lands were/are being acquired or intercepted in between to have a shortest distance to minimize the cost of that project, but we do not realize that while doing so we are not only destroying fertile/ agriculture land but so also risking our future. This acquisition is normally based on feasibility report of that particular project but there is no realization that for providing some convenience or low cost project, precious land is being destroyed, which is far more important for our future than the convenience and low cost project. The project may cost less but consequences would be detrimental. We are living in a world where natural resources such as fertile land is being vacuumed up by development of concrete structure and this would count a lot in future and no one would come for our rescue when we have to yield our own food for our own consumption. In this case land was attached with the research based agriculture department of Sindh which caters for not only fruit crop but other agri products as well. The authorities responsible for identifying this land have not applied their mind at all and in an attempt to please, the most fertile land of the province had been provided for an object which could conveniently be achieved on non-agriculture land, subject to law. Blanket recommendation was forwarded by the Committee constituted for the aforesaid purpose and without identifying the reasons of disassociating the land with the agriculture based research department, they have made this land available for a scheme called Shaheed Mohtarma Benazir Bhutto Town. The recommendation of the Committee and the action of the authority is neither transparent nor lawful but in fact a mala fide attempt to usurp the most precious and fertile land of district Mirpurkhas where research is being conducted. The provincial government should have emphasized to uplift the research system of the agriculture department and steered the progress by maintaining it rather than to ignore the research based system. They could always find the land anywhere else and provide resources and amenities for dwellers where the land could be developed by land developers. The performance of Ministry of Agriculture to save the land was half-hearted and they only presented themselves as marionette since they have not taken action against usurpation of their land. If we really want to protect the agricultural lands and to promote sustainable agrarian growth for the future, large scale basic reforms and legislation are needed.
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7 . Const. P. 2147/2019 Abdul Ghafar S/o Noor Muhammad V/S Federation of Pakistan & others Sindh High Court, Circuit at Hyderabad

Topic: NAB

[SHC Citation: 2020- SHC-HYD - 145283 ]
Post Arrest Bail Application on medical ground dismissed in view of the recommendations of the Medical Board
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8 . Cr.Misc. 613/2019 Abdul Wahab Abbasi & Others V/S P.O.Sindh & Others Sindh High Court, Circuit at Hyderabad [SHC Citation: 2020- SHC-HYD - 145652 ]

9 . Cr.J.A 155/2019 Ameer Shah V/S The State Sindh High Court, Circuit at Hyderabad [SHC Citation: 2020- SHC-HYD - 145659 ]

10 . Const. P. 2194/2013 Muhammad Anwer and others V/S Fouji Foundation Model School & others Sindh High Court, Circuit at Hyderabad [SHC Citation: 2020- SHC-HYD - 145650 ]

11 . Criminal Appeal 45/2020 Bashir Ahmed V/S The State Sindh High Court, Circuit at Hyderabad [SHC Citation: 2020- SHC-HYD - 145626 ]

12 . Criminal Appeal 212/2019 Parvaiz V/S The State Sindh High Court, Circuit at Hyderabad [SHC Citation: 2020- SHC-HYD - 145608 ]
1200 grams of charas appeal allowed
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13 . Suit 538/2020 Pakistan Airline Pilots V/S Federation of Pakistan & another Sindh High Court, Karachi [SHC Citation: 2020- SHC-KHI - 145590 ]
The issue involved was that whether the Notification dated 28.4.2020 under the Pakistan Essential Services (Maintenance) Act, 1952 has been validly issued and applied on the employees of PIA and whether the Notice dated 30.04.2020 terminating the Working Agreement has been issued validly and whether the proceedings in the Suit should be stayed under Section 34 of the Arbitration Act as there is an arbitration clause. The injunction application has been dismissed; and application under Section 34 has been allowed by staying the proceedings of Suit, as provisions of Section 41 of the Arbitration Act cannot be invoked by a Plaintiff for an interim relief who has filed a Suit for Declaration instead of invoking the provision of the Arbitration Act, and further that the notification for placing the employment of PIA under Essential Services has been validly issued.
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Matter:SUIT FOR DECLERATION

14 . Cr.Bail 508/2020 ABDUL RASHEED S/O GHULAM RASOOL V/S THE STATE Sindh High Court, Karachi [SHC Citation: 2020- SHC-KHI - 145583 ]
Matter:BAIL AFTER ARREST

15 . Cr.Bail 829/2020 ALLAH MUHAMMAD S/O KHUDA NOOR V/S THE STATE Sindh High Court, Karachi [SHC Citation: 2020- SHC-KHI - 145526 ]
(1) Direction by a superior Court to the trial court to conclude a trial within a specified period is an administrative direction, and non-compliance thereof does not ipso facto entitle an accused person to be admitted to bail. (2) Return of the stolen amount by the accused cannot be taken as a ground in itself to grant bail independent of the merits of the case.
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Matter:BAIL AFTER ARREST

16 . Const. P. 3757/2013 Yaqoob Ahmed V/S Fed. of Pakistan and Ors Sindh High Court, Karachi

Topic: Constitution of Pakistan, 1973 (199)

[SHC Citation: 2020- SHC-KHI - 145428 ]
A Divisional Bench of this Court comprising of Mr. Justice Aqeel Ahmed Abbasi and Mr. Justice Muhammad Junaid Ghaffar, has pronounced the judgment on 02.07.2020, filed by large number of petitioners, whereby, imposition of Income Support Levy at the rate of 0.5% on the value of Net Moveable Assets, through Income Support Levy Act, 2013, has been challenged for being ultravires to Constitution, as according to petitioners, subject levy did not possess the characteristic of a tax, therefore, could not be introduced through Finance Act 2013, along with Money Bill in terms of Article 73 of the Constitution of Islamic Republic of Pakistan, 1973. The subject levy was also challenged for being violative of the provisions of Article 25 of the Constitution of Islamic Republic of Pakistan, as according to petitioners, Income Support Levy is discriminatory in nature, as it creates unreasonable classification between the same class of persons having Net Moveable Assets exceeding Rs.1.00 Million. The Hon?ble Divisional Bench of this Court, after having examined in detail all the constitutional and legal points involved in these petitions, has been pleased to allow the petitions in the following terms:- (i) The levy imposed through Income Support Levy Act, 2013 alongwith Money Bill, does not possess the characteristics of a tax, as it is not a common burden for raising revenue to be utilized for general public purpose, on the contrary, it is a levy in the nature of fund to be charged and utilized for a specific purpose i.e. ?to provide for financial resources for raising an income support fund for the economically distressed persons and their families?. Accordingly, the Income Support Levy Act, 2013, could not be introduced through Finance Act, 2013, in terms of Article 73 of the Constitution of Islamic Republic of Pakistan, 1973, the same is hereby declared to be ultra vires to the Constitution of Islamic Republic of Pakistan, 1973. (ii) The levy imposed through Income Support Levy Act, 2013, is hereby declared to be ultravires to the Constitution for being discriminatory, as it creates unreasonable classification within the same class of person i.e. persons having Net Moveable Wealth exceeding Rs.1.00 M (One Million), whereas, its incidence and charge of levy falls un-equally upon the existing taxpayers only, who file or required to file Wealth Statement under Section 116 along with their Income Tax Return under Section 115 of the Income Tax Ordinance, 2001, , however, non-existing taxpayers, who are not required under law, or do not file their Wealth Statement along with Income Tax Return, inspite of having much higher Net Moveable Wealth, exceeding Rs.1.00 M (One Million), have been excluded from the incidence and charge of such levy, which is in clear violation of Article 25 of the Constitution of Islamic of Pakistan, 1973. (iii) All the Notices and the proceedings, including assessment order(s) passed under Section 5 of the Income Support Levy Act, 2013 after repeal of the Income Support Levy Act, 2013, under clause 10 of the Finance Act, 2014, in the absence of any saving or validation clause to protect or validate the Income Support Levy Act, 2013 are hereby declared to be without jurisdiction and lawful authority.
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Matter:TAX MATTER

17 . Suit 656/2020 M/s. Pak Steel Mills & another. V/S Federation of Pakistan & Others. Sindh High Court, Karachi [SHC Citation: 2020- SHC-KHI - 145415 ]
Matter:SUIT FOR DECLERATION

18 . Suit 1740/2014 Sadan General Trading LLC. V/S Trading Corporation of Pakistan & another. Sindh High Court, Karachi [SHC Citation: 2020- SHC-KHI - 145380 ]
Measure of damages under section 73 of the Contract Act. Assessment of reasonable compensation under section 74 of the Contract Act.
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Matter:AWARD

19 . Suit 329/2020 Danish Akhtar & others. V/S Directorate of Estate Projects & others. Sindh High Court, Karachi [SHC Citation: 2020- SHC-KHI - 145343 ]
Matter:LAND MATTERS

20 . Suit 555/2020 M/s Taj Medicos V/S Public Procurement Regulatory Authority & others. Sindh High Court, Karachi

Topic: Auction

[SHC Citation: 2020- SHC-KHI - 145443 ]
Matter:SUIT FOR DECLERATION

21 . Suit 977/2014 Asim Jofa. V/S K.M.C. & Others. Sindh High Court, Karachi [SHC Citation: 2020- SHC-KHI - 145292 ]
Matter:DECLARATION

22 . Suit 733/2003 COL. (RETD) MUHAMMAD SHARIF V/S SQ. LDR. NOW LT. COL. (RETD) GHULAM FARI Sindh High Court, Karachi [SHC Citation: 2020- SHC-KHI - 145299 ]
Matter:SPECIFIC PERFORMANCE

23 . Suit 1409/2001 TRADING CORP. OF PAK. PVT. LTD. V/S M/S. COX & KING AGENTS Sindh High Court, Karachi [SHC Citation: 2020- SHC-KHI - 145300 ]
Matter:RECOVERY

24 . Const. P. 620/2014 The Fauji Foundation Charitable Trust V/S Federal Land Commission & others Sindh High Court, Circuit at Hyderabad

Topic: MLR 115 of1972 , Land Revenue Act, 1967 , Law of laches , Act II of 1977 , law of acquiescence , Estoppel , Doctrine of Election

[SHC Citation: 2020- SHC-HYD - 145282 ]
Subject: Resumption of land under MRL 115 Fauji Foundation a "Charitable Trust" operating under endowment Act 1980 was functioning through a committee formed vide notification of 08.03.1972 of federal Government. Committee after deliberation resolved that secretary to act as authorized person. Unless otherwise explained, it does not deemed to have empowered /authorized secretary to further delegate the powers by a simple authority letter signed by Secretary alone, when it's not borne out of resolution. In the earlier petition when resumption of land was questioned, the parties withdrew their lis in view of negotiation which ended as 30 years leases of subject land and the cause of resumption deemed to have exhausted by way of doctrine of election, Petitioner opted for a long term lease instead to continue litigation against resumption of land .Such right (if any) was bartered with long term lease. Such right to challenge the resumption of land thus was not available when present petition was filed. Process of execution for long term lease should have followed requirement of MLR 115 and section 17 of Act II of 1977 and since it was not transparent, the two leases were executed in an unlawful manner and which period (30 years) has already been exhausted. Scheme of recovery of land revenue includes a process of attachment of holding against arrears which are due. Unless a remedy is exhausted, immediate jump to arrest and detention would not be justified. The question of declaring MLR 115 being repugnant to injunctions of Islamic law has already been decided but with its prospective effect as highlighted in the judgment of Qazalbash Waqf v. Chief Land Commissioner and the effective date was set as 23rd March, 1990 before which the process of resumption had already been completed yet long term leases were executed surrendering rights over the land. (if any)
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25 . H.C.A 108/2011 Pakistan Steel Mills Corporation Pvt.,Ltd., V/S Jan Muhammad & Ors. Sindh High Court, Karachi [SHC Citation: 2020- SHC-KHI - 145404 ]
Appeal allowed with no order as to costs.
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Matter:AGAINST ORDER

26 . Const. P. 141/2017 Muhammad Usman V/S PTCL and Ors Sindh High Court, Karachi

Topic: Pakistan Telecommunication (Reorganization) Act, 1996, Pakistan Telecommunication Corporation Act, 1991, Civil Servants Act, 1973, Constitution of Pakistan, 1973

[SHC Citation: 2019- SHC-KHI - 142285 ]
Subsection 2 of Section 36 of Pakistan Telecommunication (Re-Organization) Act, 1996 enabled an employer, with the consent of the transferred employee, to award appropriate compensation in lieu of whatever benefits they could have gained at the end of their tenure. These employees were given service benefits, which were not even matured at the time the employees opted VSS, hence it cannot be said that any guarantee or secured right was arbitrarily snatched by the employer. These employees could have continued to serve without opting VSS. VSS is a binding contract and nothing about its unconstitutionality was established nor is there any substance to render it as void under the Contract Act. In the entire scheme of Pension Act and rules there is nothing to prevent the employees from entering into a contract (for any prompt gain) in bargain with their post retirement or pensionary benefits.
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Matter:PENSIONARY BENEFITS

27 . Const. P. 124/2019 Muhammad Zafar Mobijo V/S P.O SIndh & others Sindh High Court, Bench at Sukkur [SHC Citation: 2019- SHC-SUK - 138244 ]

28 . I. A 18/2019 National Bank of Pakistan V/S Abdul Sattar & Others Sindh High Court, Circuit at Hyderabad

29 . Suit 576/2020 Sohail Ilahi & others. V/S Usman Elahi & others. Sindh High Court, Karachi
Matter:ARBITRATION

30 . Const. P. 2285/2020 Mst Bisma Noreen/ Ammer Jahan V/S Federation of Pakistan & Others Sindh High Court, Karachi
Matter:AGAINST AMENDMENT ACT

31 . Const. P. 1905/2011 Hyderabad Municipal Corporation V/S Province of Sindh & others Sindh High Court, Circuit at Hyderabad

Topic: Land Acquisition Act,1894 (Section 11), Land Acquisition Act,1894 (Section 12)

Law Discussed: Land Acquisition Act, 1894----- Standing Order of the revenue department No.12, subsection 31 regarding land acquisition provides that if the land was not required for the purpose it was acquired, it should be relinquished and should be offered to the original occupant/owner on payment of compensation received by them and in case of their refusal to have it back on the said terms, it should be considered as a government property in the record. The proceedings of acquiring land could only be ended once the compensation is deposited and the possession was taken over by the acquiring agency. Thus, this would be in severe violation of Articles 23 and 24 of Constitution of Islamic Republic of Pakistan, 1973, depriving the land owner not only from enjoying the property but also from its compensation. Thus, there is no justification that he (the owner/private respondent) may be granted interest now after almost three decades of litigation when the value of the property multiplied several hundred folds, as against the compensation, the value of which was determined three decades before and grant of interests under Land Acquisition Act, under the circumstances has no justification.
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32 . Suit.B 15/2011 NIB BANK LTD V/S M/S.VENUS CHEMICALS PVT LTD. Sindh High Court, Karachi [SHC Citation: 2020- SHC-KHI - 145228 ]
Statement of account filed by the bank did not bear the name and official title of the persons certifying the same as required by section 9(2) of the FIO, 2001 read with section 2(8) of the Bankers??? Books Evidence Act, 1891. Such was not a ???certified copy??? and did not attract a presumption of correctness. The bank will have to prove the same as any other document.
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Matter:RECOVERY

33 . Const. P. 2546/2020 Aftab Ahmed Mahar V/S The Speaker Provincial Assembly and Ors Sindh High Court, Karachi

Topic: Service matters (Repatriation)

[SHC Citation: 2020- SHC-KHI - 145235 ]
Petitioner has questioned his repatriation from the Secretariat of the Provincial Assembly of Sindh to his parent department i.e. Education Department, Government of Sindh --In view of the above, petitioner is liable to return the entire amount received by him during the entire said period towards differential in the pay scale of BPS-9 to BPS-19 and respondents are duty-bound to recover such amount from him and deposit the same in the Government exchequer. The Secretary Education & Literacy Department, Government of Sindh, respondent No.2 / Secretary Provincial Assembly of Sindh and Accountant General Sindh, are jointly and severally directed to calculate the differential amount recoverable from the petitioner and to submit a statement in this behalf through MIT-II of this Court, without fail within eight (08) weeks from today.
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Matter:SERVICE

34 . Cr.Bail 558/2020 MUHAMMAD YOUSUF S/O JAN MUHAMMAD V/S THE STATE Sindh High Court, Karachi [SHC Citation: 2020- SHC-KHI - 145227 ]
Effect of the prohibition in section 51(1) of the CNS Act, 1997.
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Matter:BAIL AFTER ARREST

35 . Suit 0/2020 Damen Shipyards Gorinchem B.V. V/S The Ministry of Maritime Affairs and others Sindh High Court, Karachi [SHC Citation: 2020- SHC-KHI - 145120 ]
Application for conditional withdrawal of Suit Order 23 Rule 1 CPC dismissed as plaintiff wanted permission to allow prosecution of Constitution Petition filed on the same cause of action after urgency was declined due to current pandemic in this Suit. Plaintiff had filed petition without first withdrawing the Suit, and had instead sought permission post-facto. such conduct cannot be permitted as it amounts to Bench-hunting.
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36 . Suit 1847/2016 M/s. EFU General Insurance Ltd V/S M/s. Emirates Airline / Emirates Sky Cargo & other Sindh High Court, Karachi

Topic: International Law

[SHC Citation: 2020- SHC-KHI - 145030 ]
Term an act of war or armed conflict as mentioned in Rule 18(2)(c) of the Fourth Schedule of Carriage by Air Act, 2012, also means non-international armed conflict (NIAC). Armed attack at Jinnah International Airport on 08.06.2014 falls within non-international armed conflict (NIAC) or at least it may be categorised as a hybrid phenomena; where repeated acts of terrorism in furtherance of defined objectives translated into a non-international armed conflict.
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Matter:RECOVERY OF AMOUNT

37 . J.M 45/2019 Al-Habib Coop: Housing Society Ltd V/S Mrs. Shamim Barlas & another Sindh High Court, Karachi [SHC Citation: 2020- SHC-KHI - 145036 ]
Where the plaintiff/applicant establishes fraud, the defendant benefitting from the fraud and opposing the application of section 18, Limitation Act, must show that the plaintiff had clear and definite prior knowledge of the facts constituting the particular fraud and not merely clues or hints of the fraud, failing which limitation will run only from the date of actual knowledge of the fraud.
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Matter:APPLICATION U/S 12(2)

38 . Const. P. 2318/2020 Ahsan Ali Chohan V/S Province of Sindh and Others Sindh High Court, Karachi [SHC Citation: 2020- SHC-KHI - 144965 ]
Issue notice to the respondents as well as to learned Advocate General Sindh with direction to file comments before the next date of hearing. As an interim measure, respondents are directed to consider the case of the present petitioner for promotion strictly on merits and in accordance with law. In case, his case is deferred and/or rejected, the competent authority shall pass a speaking order after providing opportunity of hearing to the petitioner. To be listed on 07.05.2020 at 11:00 a.m.
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Matter:SERVICE

39 . Const. P. 2308/2020 Zubair Javed V/S Speaker Sindh Assembly & Ors Sindh High Court, Karachi [SHC Citation: 2020- SHC-KHI - 144964 ]
Issue notice to the respondents as well as to learned Advocate General Sindh with direction to file comments before the next date of hearing. Till the next date of hearing, operation of impugned Notification dated 21.04.2020 (page 37) shall remain suspended. To be listed on 14.05.2020 at 11:00 a.m. along with C.P No.D-6431/2019.
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Matter:SERVICE

40 . Civil Revision 12/2017 Sain Bux & others V/S Nadir Ali & others Sindh High Court, Circuit at Hyderabad [SHC Citation: 2020- SHC-HYD - 144950 ]
The Civil Revision Application is allowed in the above terms with no order as to costs. Impugned judgment of the learned appellate Court is hereby set aside and resultantly the order of learned trial Court is restored. However, respondents 1 to 11 will be at liberty to seek damages, if they are so advised and if permissible under the law.
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41 . Suit.B 15/2017 National Bank of Pakistan V/S Pakistan Textile City Limited & others Sindh High Court, Karachi [SHC Citation: 2020- SHC-KHI - 144907 ]
1. Notwithstanding the failure of the defendant to comply with conditions of a leave application, the Court is still required to apply its mind to the case of the plaintiff before passing any order/judgment. Leave granted where statement of account incomplete. 2. Notwithstanding the creation of a mortgage, the mortgagor remains liable to the lessor for any breach or non-performance of the conditions of lease; and that if the lessor forfeits the lease, the remedy of the mortgagee is against the mortgagor for indemnification, and not against the lessor. The security of the mortgagee in the mortgaged property can be no better than the interest given to the mortgagor by the lease.
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Matter:BANKING

42 . Spl.Anti.Ter.A. 261/2018 SIKANDAR ALI LASHARI S/O ALI MUHAMMAD V/S THE STATE Sindh High Court, Karachi [SHC Citation: 2020- SHC-KHI - 144919 ]
Decision/Judgment in the appeals filed by Sikandar Ali Lashari (District Judge) against the conviction of death penalty decided by A.T.C. on the charge of murder of Aqib Hussain son of District & Sessions Judge.
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Matter:DEATH SENTENCE

43 . Suit 579/2014 Mr. Asif Mannan & others V/S Mr. Suleman Lallani & others Sindh High Court, Karachi [SHC Citation: 2020- SHC-KHI - 144881 ]
The Plaintiffs being minority shareholders in Defendant No.9 (Company in question) are primarily aggrieved with payment of Rs.430.944 Million to Defendant No.8 as advisory fee and its post facto approval from shareholders, and since admittedly the quantum of Plaintiff???s shareholding is less than what is required to maintain a Company petition under the then Companies Ordinance 1984, and even under the Companies Act, 2017, instant Suit has been filed under the Ordinary Civil jurisdiction of this Court by relying upon the exception to the rule settled in the case of [Foss v Harbottle (1843) 67 ER 189]. Their case is that the alleged transaction has caused a tremendous loss to the Company in question and as a consequence thereof, the shareholders have lost substantial amount of their money, and therefore, the present Suit in the form of a derivative action is competent. However, Plaintiffs have not been able to convince this Court that their case as set-up for the purposes of interim relief, (at least), would fall within the exception to rule laid down in Foss v Harbottle; rather, on facts it is covered by the said judgment; hence, the applications filed on behalf of the Plaintiffs at Serial No. 1, 3 & 4 (CMA Nos.4651/2014, 588/2015 and 13510/2015) are hereby dismissed.
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44 . Suit 42/2020 Syed Zain Ul Abideen V/S Federal Board of Revenue & others. Sindh High Court, Karachi [SHC Citation: 2020- SHC-KHI - 144883 ]
Ouster of jurisdiction to try a civil suit in respect of matters arising under the Benami Transactions (Prohibition) Act, 2017 and exceptions to such ouster.
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Matter:SUIT FOR DECLERATION

45 . Judicial Companies Misc. 33/2019 MUHAMMAD YOUSUF AHMED & OTHERS V/S ARTISTIC DENIM MILLS LIMITED Sindh High Court, Karachi [SHC Citation: 2020- SHC-KHI - 144880 ]
The Petitioners hold 14.45% shares in respondent Company and are aggrieved by the notice as well as the proceedings of the impugned Meeting dated 19.10.2019 and the resolutions passed thereon, whereby, related party transactions were approved in respect of 2 Companies, which have certain common Directorship. It is their case that they hold more than 10% of the shareholding and are, therefore, qualified to institute present proceedings, under s.136 of the Companies Act, 2017 which according to them has seriously prejudiced their interests. According to them statement of material facts under Section 134(3) of the Act, annexed with the impugned notice of meeting, failed to include the minimum information required under Regulation-5 of the Company (Related Parties Transactions and Maintenance of Related Records) Regulations, 2018, whereas, the meeting was also conducted without following proper procedure and has deprived the Petitioners from exercising their rights. However, the Petitioners have failed to make out a case for indulgence; hence, this petition fails and is accordingly dismissed with pending applications.
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Matter:DIRECTION

46 . Suit 92/2014 M/s. Haidri Beverages (Pvt) Ltd. V/S Federation of Pakistan & Others. Sindh High Court, Karachi [SHC Citation: 2020- SHC-KHI - 144882 ]
The precise controversy involved is that whether the Plaintiffs industry (beverage industry) is an agro-based industry, being entitled for exemption and benefits allowed vide SRO No.575(I)/2006 dated 05.06.2006 (SRO 575); and whether, can the Plaintiffs seek protection under the doctrine of departmental practice whereby in the past their industry has been recognized as an agro based industry. It has been held by the Court that the Plaintiffs have not been able to make out a case in their favor, in that the beverage industry cannot be called or classified as an agro-based industry for the purposes of exemption claimed under SRO 575; nor they are protected under the doctrine of past practice, once it is held that such practice was a wrong practice.
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Matter:DECLARATION

47 . Const. P. 1194/2020 Mushtaq Ahmed Sangrasi V/S Province of Sindh and Others Sindh High Court, Karachi

Topic: Service matters (recruitment / examination process)

[SHC Citation: 2020- SHC-KHI - 144780 ]
The petitioners have impugned the recruitment / examination process initiated by the Universities and Boards Department, Government of Sindh, for the posts of Secretary / Controller of Examination Sindh Boards of Intermediate and Secondary Education, inter-alia, on the ground that the examination process was compromised in order to accommodate the beneficiaries / private respondents, who were having influence and/or were selected for extraneous consideration--We in the aforesaid circumstances hold that recommendation of the Search Committee for appointment of unsuccessful candidates for the aforesaid posts and their subsequent appointments was without lawful authority. We direct the competent authority to hold a fresh interview for the subject posts of only successful candidates declared by IBA, and if the posts are leftover, the same shall be filled only through fresh advertisement on merits. All these petitions are allowed in the above terms with no order as to costs.
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Matter:APPOINTMENT

48 . Const. P. 6868/2019 Muhammad Arsalan and Ors V/S Province of Sindh & Others Sindh High Court, Karachi

Topic: Service matters (cancel the result of test / interview)

[SHC Citation: 2020- SHC-KHI - 144741 ]
the petitioners have prayed that the respondents may be directed to recall / cancel the result for the post of Assistant Sub Inspector (BPS-09), for Karachi range and reschedule test / interview for the aforesaid posts---Petitioners have emphasized that in the final result the respondents-commission declared them failed without disclosing the reason--In our view, the written test does not gauge the personality of the candidate or his communication skills or his leadership or decision making abilities which are left to be examined at the time of interview. For this proposition, our view is supported by the decision rendered by the Honorable Supreme Court in the case of Muhammad Ashraf Sangri vs. Federation of Pakistan and others, 2014 S C M R 157--Dismissed.
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Matter:AGAINST RESULT

49 . Const. P. 5685/2019 Syed Umair Ahmed V/S Province of Sindh & Others Sindh High Court, Karachi [SHC Citation: 2020- SHC-KHI - 144782 ]
The petitioners have impugned the recruitment / examination process initiated by the Universities and Boards Department, Government of Sindh, for the posts of Secretary / Controller of Examination Sindh Boards of Intermediate and Secondary Education, inter-alia, on the ground that the examination process was compromised in order to accommodate the beneficiaries / private respondents, who were having influence and/or were selected for extraneous consideration--We in the aforesaid circumstances hold that recommendation of the Search Committee for appointment of unsuccessful candidates for the aforesaid posts and their subsequent appointments was without lawful authority. We direct the competent authority to hold a fresh interview for the subject posts of only successful candidates declared by IBA, and if the posts are leftover, the same shall be filled only through fresh advertisement on merits. All these petitions are allowed in the above terms with no order as to costs.
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Matter:AGAINST RESULT

50 . Const. P. 6431/2019 Irshad Hussain V/S Province of Sindh & Others Sindh High Court, Karachi [SHC Citation: 2020- SHC-KHI - 144740 ]
Respondents 4 and 5 are directed to submit before this Court on the next date hearing a list of all such employees of the Provincial Assembly of Sindh who were absorbed / appointed at any post and are still holding such post, and also the notification of repatriation of respondent No.7 to his parent department. Issue notice to all the respondents as well as to learned Advocate General Sindh for compliance. To come up on 22.04.2020 at 11:00 a.m. when respondents 4 and 5 shall be in attendance.
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Matter:QUO WARRANTO

51 . Const. P. 5850/2018 Zeeshan Usman V/S Fed. of Pakistan and Others Sindh High Court, Karachi

Topic: Service matters (Regularisation of Employee)

[SHC Citation: 2020- SHC-KHI - 144742 ]
The case of the petitioners, in nutshell, is that they were appointed in Sui Southern Gas Company Ltd. (SSGC) as Executive in Information Technology and Medical Services Department in Grade-I respectively, on contract basis vide office letter dated 14.11.2012. They continued to serve them till 31.12.2017, but their services were not regularized---In the light of above facts and circumstances of the case, the instant petitions are disposed of in the terms whereby the competent authority of respondent-company is directed to consider the case of the petitioners without any discrimination for regularization of their service in accordance with law, and dicta laid down by the Honorable Supreme Court vide unreported order dated 12.03.2018 passed in Civil Petitions No.67-K and 68-K of 2018, as discussed in the preceding paragraph, within a period of two months from the date of receipt of this judgment--Disposed of.
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Matter:SERVICE

52 . Suit 94/2020 Jazaa Foods (Pvt.) Limited & another. V/S Junaid Jamshed (Pvt.) Limited & others. Sindh High Court, Karachi [SHC Citation: 2020- SHC-KHI - 144760 ]
1. Effect of disclaimer made under section 21 of the Trade Marks Ordinance, 2001 from exclusive use of a name. 2. The principle that registration of a trade mark gives rise to a prima facie case, balance of convenience and likelihood of irreparable loss, that principle would be applicable where the trade mark was registered without a disclaimer. 3. In view of section 42(3) of the Trade Marks Ordinance, 2001, the use of the disclaimed feature of the mark in question would not constitute trade mark infringement. 4. An action for passing-off is essentially to protect ???property in goods??? based on the reputation of those goods, as distinct from an action to protect a trade mark which is a property in itself.
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Matter:SUIT FOR DECLERATION

53 . Const. P. 5470/2019 Muzaffar Jamil Mirza V/S Province of Sindh & Others Sindh High Court, Karachi [SHC Citation: 2020- SHC-KHI - 144781 ]
The petitioners have impugned the recruitment / examination process initiated by the Universities and Boards Department, Government of Sindh, for the posts of Secretary / Controller of Examination Sindh Boards of Intermediate and Secondary Education, inter-alia, on the ground that the examination process was compromised in order to accommodate the beneficiaries / private respondents, who were having influence and/or were selected for extraneous consideration--We in the aforesaid circumstances hold that recommendation of the Search Committee for appointment of unsuccessful candidates for the aforesaid posts and their subsequent appointments was without lawful authority. We direct the competent authority to hold a fresh interview for the subject posts of only successful candidates declared by IBA, and if the posts are leftover, the same shall be filled only through fresh advertisement on merits. All these petitions are allowed in the above terms with no order as to costs.
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Matter:AGAINST APPOINTMENT

54 . Criminal Appeal 245/2018 KARMAT HUSSAIN S/O MUBARAK HUSSAIN V/S THE STATE Sindh High Court, Karachi [SHC Citation: 2020- SHC-KHI - 144701 ]
1. Even in a case involving capital punishment, conviction can follow on circumstantial evidence, but that such circumstantial evidence should provide all links in an unbroken chain where one end of the chain touches the dead body and the other the neck of the accused. 2. Though evidence implicating an accused cannot be used to convict him if he was not confronted with it under section 342 Cr.P.C., but that does not mean to say that every inadequate examination under section 342 Cr.P.C. results in vitiating the trial, nor does it mean to say that the other independent evidence standing against the accused stands diminished. Rel. S.A.K. Rehmani v. The State (2005 SCMR 364). Even discarding the evidence not confronted to the accused under section 342 Cr.P.C., the chain of circumstantial evidence against him is complete and uninterrupted.
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Matter:LIFE IMPRISONMENT

55 . Const. P. 1442/2020 M. Nadeem A. Shaikh & Ors V/S Fed. of Pakistan and Others Sindh High Court, Karachi [SHC Citation: 2020- SHC-KHI - 144627 ]
Petitions against black marketing and profiteering of masks
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Matter:DIRECTION

56 . Const. P. 302/2012 Asif Ali V/S Secretary Board of Revenue & Others Sindh High Court, Circuit at Hyderabad [SHC Citation: 2020- SHC-HYD - 144603 ]
Although it is not a vested right of the Petitioner to get an appointment order from the official Respondents, but at least he has a legitimate expectation, and for that matter any citizen, who is qualified and cleared different tests as prescribed by government functionary, to be dealt with fairly and considered for the post advertised, and in this regard an eligible candidate cannot be discriminated against or not considered, merely on account of extraneous consideration, which includes political consideration and nepotism.
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57 . Const. P. 1301/2018 Agha Sohail Ahmed Pathan V/S Province of Sindh and Others Sindh High Court, Karachi [SHC Citation: 2020- SHC-KHI - 145433 ]
contempt applications in the case of Sindh Textbook Board
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Matter:SERVICE

58 . Const. P. 411/2020 High Court Bar Hyd V/S FED Of Pakistan & Other Sindh High Court, Circuit at Hyderabad [SHC Citation: 2020- SHC-HYD - 144661 ]
Petition pertains to the current issue of Corona Virus (COVID-19)
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59 . Const. P. 6622/2019 Javed Iqbal and Ors V/S Home Dept Sindh: & Ors Sindh High Court, Karachi

Topic: Service matters (Appointment)

[SHC Citation: 2020- SHC-KHI - 144662 ]
The grievance of the petitioners is that their candidature for the post of Police Constable (BPS-05) has been rejected and they have been declared medically unfit on the basis of medical reports submitted by respondent No.5, wherein it was stated that they were suffering from Hepatitis B & C.--In view of the aforesaid position, the basic grievance of the petitioners has been redressed. Resultantly, the respondents are directed to issue appointment orders in favour of the petitioners namely Abdul Sattar, Javed Iqbal and Sanullah, within a period of 02 (two) weeks from the date of receipt of this order. As far as petitioner No.3 Hafiz Muhammad Saleem is concerned, who was absent at the time of medical test, his medical test may be conducted in terms of order dated 26.02.2020, and if he clears the said test, he may be issued appointment order within two (02) weeks from the date of the result of his medical test.
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Matter:APPOINTMENT

60 . Const. P. 2371/2019 Abdul Qudoos V/S P.O Sindh & others Sindh High Court, Circuit at Hyderabad [SHC Citation: 2020- SHC-HYD - 144599 ]
A public office cannot be offered / bartered or given in consideration of some donation, but a vacancy in respect of a public office is to be filled up strictly in accordance with law and the recruitment rules so that merit is not compromised and nepotism is curbed.
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61 . Criminal Appeal 219/2019 ANANTKUMAR PARSHOTAM V/S MEM. OF MANAGING COMT. NARAYAN TEMPLE TRUST & ORS Sindh High Court, Karachi [SHC Citation: 2020- SHC-KHI - 144453 ]
1. Under section 8-A of the Illegal Dispossession Act, 2005, an order that is appealable to the High Court does not include an order dismissing the complaint. However, the appeal can be converted to a criminal revision. 2. In order to constitute an offence under the Illegal Dispossession Act, the complaint must disclose actus reas and mens rea, and if the facts that constitute an offence under section 3 of the Illegal Dispossession Act are not disclosed through the complaint or documents with it, then the Court can dismiss the complaint straight away. Rel: Waqar Ali v. The State (PLD 2011 SC 181).
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Matter:AGAINST THE ORDER

62 . Const. P. 3075/2015 Muhammad Tufail V/S Chief Naval Staff and Ors Sindh High Court, Karachi

Topic: Service matters (Bar of Jurisdiction )

[SHC Citation: 2020- SHC-KHI - 144664 ]
Petitioner was discharged from service of Pakistan Navy vide office order dated 11.3.2014 in terms of rule 0240 of Naval Regulation. The petitioner has invoked the constitutional jurisdiction of this Court, seeking declaration to the effect that the entire disciplinary proceedings initiated against him by the respondent-Pakistan Navy, culminating into his conviction were mala fide, without jurisdiction and coram non judice, thus liable to be annulled---i) Whether jurisdiction of this court is barred under Article 199(3) of the Constitution? ii) Whether major punishment awarded by the Field General Court Martial against the petitioner was mala fide, without jurisdiction and coram non judice? iii) Whether the offence, said to have been committed by the petitioner, was a civil offence or a military offence falls under the Pakistan Army Act, 1952, if so, to what effect?
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Matter:SERVICE

63 . Const. P. 8984/2018 Farzana Shafiq V/S Fed. of Pakistan and Others Sindh High Court, Karachi

Topic: Service matters (Pension matters)

[SHC Citation: 2020- SHC-KHI - 144663 ]
Having failed to seek family pension on the basis of the family assistance package, the petitioner has invoked the constitutional jurisdiction of this Court seeking directions to the management of PTVC to grant her family pension--In view of the above discussion, this petition is allowed with no order as to costs and the competent authority of respondents is directed to include temporary employment of petitioner??? late husband as his substantive service as regular for the purpose of service dues and other allied pensionary benefits. The competent authority of respondents are further directed to complete the entire exercise and recalculate and settle the pensionary / service dues of the petitioner??? late husband within sixty (60) days from the date of this order.
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Matter:PENSION

64 . Const. P. 244/2019 Syed Zahid Hassan Rizvi V/S Province of Sindh & Others Sindh High Court, Karachi [SHC Citation: 2020- SHC-KHI - 144605 ]
DMC--the petitioner is seeking direction to the respondents for up-gradation of his post i.e Compounder in BPS-16--The grounds agitated by the petitioner in the instant petition that his up-gradation is permissible as per notification dated 13.05.2006, are not tenable for the reasons alluded in the preceding paragraph--we are not convinced with the assertion of petitioner that he is entitled for up-gradation in BS-16--Dismissed.
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Matter:SERVICE

65 . Const. P. 1480/2019 Dr. Maryam Shafiq V/S Chancellor Fed. Urdu University & Ors Sindh High Court, Karachi

Topic: Service matters (Dismissal-Termination)

[SHC Citation: 2020- SHC-KHI - 144604 ]
the petitioner has sought indulgence of this Court while calling in question the termination letter dated 26.02.2019 issued by the Federal Urdu University of Arts, Science and Technology (hereinafter referred to as ???University???), relieving her from the services of University with retrospective effect i.e. 20.10.2018, which according to the petitioner is without lawful authority and of no legal effect.---We are not satisfied with the assertion of the respondent-university on the aforesaid analogy, for the reason that Fundamental Rule 54, is clear in its terms, dealing with the reinstatement of the employee consequent to setting aside of his dismissal/removal from service, the entitlement of the employee, to have the period of his absence from his service treated as "on duty" is a statutory consequence of his being reinstated on the merits--This being the legal position of the case, the instant petition is allowed with no order as to costs by holding that the impugned termination order dated 26.02.2019 issued by respondent-university is without legal consequence. Thus, the service of the petitioner is reinstated with effect from termination of her service i.e. 14.02.2019. The respondents are directed to grant her service benefits for the intervening period in accordance with law, within a period of two (02) weeks from the date of receipt of this order.
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Matter:SERVICE

66 . R.A (Civil Revision) 18/2011 Mehboob V/S Nadir Hassan Sindh High Court, Circuit at Hyderabad [SHC Citation: 2020- SHC-HYD - 144705 ]
Relevant facts of the case are that the above Suit was filed by the respondent claiming to be the sole and exclusive owner of property bearing C.S. No.4407, Ward ???G???, out of R.S. No.27 and others in Deh Ghangra, situated at Phulelipar, Paretabad, Hyderabad Sindh (???suit property???)--The main concern raised on behalf of the applicant was that as the property in his possession is separate and distinct from the one claimed by the respondent, the impugned decree cannot be executed in respect of his property. In this context, it may be noted that there are already concurrent findings against the applicant and this Court has also affirmed the same. Be that as it may, needless to say that the executing Court cannot go behind the decree and the decree shall be executed only in respect of the property described therein after carefully identifying and ascertaining the same.
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67 . Const. P. 1611/2020 Election Committee, SHC Bar Association V/S Fed. of Pakistan and Others Sindh High Court, Karachi [SHC Citation: 2020- SHC-KHI - 144424 ]
Sindh High Court Bar Association Hyderabad 2020 Elections
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Matter:AGAINST ORDER

68 . Suit 840/2019 M/s. Zafa Pharmaceuticals Labs (Pvt) Ltd. V/S Federation of Pakistan & Others. Sindh High Court, Karachi [SHC Citation: 2020- SHC-KHI - 144343 ]
Drug Appellate Board has no jurisdiction of revision of its own orders under Rule 5 of the Drugs (Appellate Board) Rules 1976; however, the Drug Registration Board can exercise powers under Section 7(11) of The Drugs Act 1976. Injunction allowed and impugned order passed by Drug Appellate Board suspended.
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Matter:SUIT FOR DECLERATION

69 . Suit 2552/2014 Jubilee General Ins. Co. Ltd., & another. V/S Federation of Pakistan & Others. Sindh High Court, Karachi [SHC Citation: 2020- SHC-KHI - 144344 ]
Assistant Director, Directorate of Intelligence & Investigation, Islamabad has no jurisdiction to issue any notice to a tax payer, who is not registered either with LTU or RTO Islamabad in terms of SRO 350(I)/2014 dated 7.5.2014.
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Matter:DECLARATION

70 . Const. P. 6241/2016 Anjum Badar V/S Province of Sindh and Ors Sindh High Court, Karachi [SHC Citation: 2020- SHC-KHI - 144357 ]
Advocate General Sindh is also put on notice to satisfy the Court on the next date regarding vires of Section 3 of the Act of 2013, which, prima facie, appears to be in clear conflict with the above mentioned authority of the Hon???ble Supreme Court to the extent of regularization of service in BS-16 and above. Let notice under Rule 1 of Order XXVII-A CPC be issued to learned Advocate General Sindh. To come up on 18.03.2020 at 12:00 noon.
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Matter:SERVICE

71 . Const. P. 6863/2019 Taj Muhammad Ansari V/S Province of Sindh & Others Sindh High Court, Karachi

Topic: Service matters (Pension)

[SHC Citation: 2020- SHC-KHI - 144436 ]
the petitioner claims pensionary benefits from the Law department on account of his attaining the age of superannuation i.e. 60 years--petitioner was appointed as Assistant Public Prosecutor/Assistant Government Pleader on contract basis--In the light of Section 15 of the Sindh Civil Servants Act, 1973 and Rule 8 of Efficiency & Discipline Rules, 1973, the petitioner is not entitled to the pensionary benefits as he was / is not qualified to retain the aforesaid post in public office due to his conviction in the criminal cases.
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Matter:PENSION

72 . Const. P. 616/2020 M/s K-Electric Ltd V/S Raees Khan and Others Sindh High Court, Karachi [SHC Citation: 2020- SHC-KHI - 144444 ]
private respondents were in the employment of the petitioner / K-Electric Limited since years together in their different capacities/posts and obtained ad-interim order dated 05.10.2011 from the National Industrial Relations Commission (NIRC), Karachi against unfair labour practice--From perusal of the above provisions of law, it is clear that the provisions of IRA-2012 are applicable where the establishment has trans-provincial character / position--Thus we maintain the common order dated 07.10.2019 passed by the learned Full Bench of NIRC--Dismissed
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Matter:AGAINST ORDER

73 . Const. P. 615/2020 M/s K-Electric Ltd V/S Muhammad Aslam Shah and Others Sindh High Court, Karachi

Topic: Service matters (NIRC)

[SHC Citation: 2020- SHC-KHI - 144443 ]
private respondents were in the employment of the petitioner / K-Electric Limited since years together in their different capacities/posts and obtained ad-interim order dated 05.10.2011 from the National Industrial Relations Commission (NIRC), Karachi against unfair labour practice--From perusal of the above provisions of law, it is clear that the provisions of IRA-2012 are applicable where the establishment has trans-provincial character / position--Thus we maintain the common order dated 07.10.2019 passed by the learned Full Bench of NIRC--Dismissed
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Matter:AGAINST ORDER

74 . Const. P. 1652/2020 Abdul Qudos Shaikh V/S Province of Sindh & Ors Sindh High Court, Karachi

Topic: Service matters (Quo warranto )

[SHC Citation: 2020- SHC-KHI - 144303 ]
quo warranto--Through this petition, the petitioner has prayed for issuance of writ of quo warranto against respondents 9 to 11 to vacate the office presently they are holding, inter-alia, on the ground that they are not qualified to hold the office and their appointments are hit by Article 199 (1) (b) (ii) of the Constitution, 1973--The above discussions lead us to an irresistible conclusion that the instant petition being incompetent is dismissed in limine along with pending application(s) with no orders as to cost.
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Matter:SERVICE

75 . Const. P. 617/2020 M/s K-Electric Ltd V/S Muhammad Boota and Ors Sindh High Court, Karachi [SHC Citation: 2020- SHC-KHI - 144445 ]
private respondents were in the employment of the petitioner / K-Electric Limited since years together in their different capacities/posts and obtained ad-interim order dated 05.10.2011 from the National Industrial Relations Commission (NIRC), Karachi against unfair labour practice--From perusal of the above provisions of law, it is clear that the provisions of IRA-2012 are applicable where the establishment has trans-provincial character / position--Thus we maintain the common order dated 07.10.2019 passed by the learned Full Bench of NIRC--Dismissed
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Matter:AGAINST ORDER

76 . Adm.A 5/2014 SAJID PLASTIC FACTORY V/S MSC BAHAMAS & OTHERS Sindh High Court, Karachi [SHC Citation: 2020- SHC-KHI - 144262 ]
The learned single Judge stayed the admiralty suit keeping in view the clause of Bills of Lading with regard to gist of form provided therein, however, the appellate court set aside the judgment of the learned single Judge at O.S. and decided that the suit may be heard and decided in view of Admiralty Jurisdiction of the High Court Ordinance, 1980.
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Matter:RECOVERY OF AMOUNT / DAMAGES

77 . Const. P. 6999/2019 Shabbir Aslam V/S The Adjutant General & Ors Sindh High Court, Karachi

Topic: Service matters (Bar of Jurisdiction )

[SHC Citation: 2020- SHC-KHI - 144263 ]
He assailed the aforesaid order before the Hon???ble Supreme Court in C.P No.428-K of 2019, which was dismissed vide order dated 29.08.2019 with the observation that the petitioner, if he has any other subsisting grievance against the respondents, may avail his remedy in accordance with law.--Petitioner, who is present in person, states that his cause of action against the respondents still subsists, therefore, he has approached this Court. We are not satisfied with the aforesaid assertion of the petitioner for the simple reason that Article 199(3) of the Constitution of Pakistan restricts this Court for making an order on application made by or in relation to a person who is a member of armed forces of Pakistan or who is for the time being subject to any law relating to any of those Forces in respect of his terms and conditions of service or in respect of any matter arising out of his service, or in respect of any action taken in relation to him as a member of the Armed Forces or as a person subject to such law.--dismissed
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Matter:SERVICE

78 . Const. P. 730/2018 Muhammad Asim Panhwar V/S Province of Sindh and others Sindh High Court, Circuit at Hyderabad [SHC Citation: 2020- SHC-HYD - 144703 ]
The petitioners have alleged that the subject school buildings in Districts Badin and Matiari are in dilapidated and dangerous condition, and are not fit or safe for the use of children who come there regularly for education purposes--The present cases deal with the issue of maintenance of Government school buildings situated in the interior Sindh, which are in precarious condition and need immediate repairs and regular maintenance--25% from each of the (i) District Development Fund / Budget, (ii) Bonus Production Fund and (iii) Social Welfare Fund, in respect of every District in the Province of Sindh, shall be allocated and utilized by the Government of Sindh only for the repairs and maintenance of the Government school buildings of the respective District--The Government of Sindh and District Oversight Committee shall maintain proper accounts of the above funds at all times--Allowed.
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79 . Suit 304/2020 Husein Industries Ltd V/S Sui Southern Gas Company Limited & others. Sindh High Court, Karachi [SHC Citation: 2020- SHC-KHI - 144314 ]
1. A bank guarantee is an independent contract between the surety (bank) and the creditor (beneficiary of the guarantee), and as such the bank guarantee is to be construed on its own terms independent of the underlying contract between the creditor and the principal debtor, and irrespective of claims pending interse the creditor and principal debtor. Rel: National Construction Ltd. v. Aiwan-e-Iqbal Authority (PLD 1994 SC 311); and Shipyard K. Damen International v. Karachi Shipyard & Engineering Works Ltd. (PLD 2003 SC 191). 2. Mobilization Guarantees are generally not subject to a restraining order even if there is a dispute between the parties to the underlying contract. However, in cases of guarantees other than Mobilization Guarantees, the Court have granted or refused injunction to restrain encashment depending upon the literal words used in the guarantee. Rel: National Grid Company v. Government of Pakistan (1999 SCMR 2367); and Shipyard K. Damen International ibid.
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Matter:SUIT FOR DECLERATION

80 . Const. P. 5423/2018 Rizwan Ahmed Khan & another V/S Province of Sindh & Others Sindh High Court, Karachi

Topic: Service matters (Contempt )

[SHC Citation: 2020- SHC-KHI - 144213 ]
This is the second contempt application arising out of order dated 24.05.2019 passed by this Court. This application is not maintainable on the ground that their earlier plea was discarded by this court in their earlier application, now they have again attempted to convince this Court by filling the second contempt application on the same grounds, which is not tenable under the law. Accordingly, the application is dismissed.
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Matter:SERVICE

81 . Const. P. 4646/2017 Z.A Quraishi and Ors V/S Province of Sindh and Ors Sindh High Court, Karachi

Topic: Service matters (restoration of 50% commuted portion of pension)

[SHC Citation: 2020- SHC-KHI - 144606 ]
Prima facie, the calculation made by the respondent No.2 is not correct for the reason that the Hon'ble Supreme Court of Pakistan directed to determine the pension from the date of restoration of their commuted pension at the rate at which they were drawing 50% remaining pension which means that the petitioner at the time of his retirement commuted his 50% pension and that portion of pension is to be increased after a period of 15 years (commuted period). As per record, the increases made on commuted pension have already been drawn by him, As per record, the increases made on commuted pension have already been drawn by him, therefore, his claim that at the time of restoration of his commuted portion he was drawing Rs.28211.03 and increases to be made in that amount is misconceived. The calculation prepared by respondent as well as Accountant General Sindh is in accord with the judgment passed by the Hon'ble Supreme Court of Pakistan, therefore, we are satisfied with the same.
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Matter:PENSION

82 . Const. P. 7506/2018 Abdul Razzaque & Ors V/S Province of Sindh & Others Sindh High Court, Karachi

Topic: Service matters (Section 3 of Sindh Regularization Act, )

[SHC Citation: 2020- SHC-KHI - 144202 ]
Petitioners have approached this Court for regularization of their service in Directorate of Human Rights, Government of Sindh. They have alleged that their cases were put up before the Selection Committee on 20.03.2018 wherein minutes in this regard were prepared and the Committee, without assigning valid and cogent reasons and in a scanty and vague manner, did not consider their cases for regularization which action is impugned through the captioned petitions before this Court--Without touching the merits of the cases and by consent the competent authority of the respondent-department is directed to place the cases of petitioners for consideration of their regularization under Section 3 of Sindh (Regularization of Ad-hoc and Contract Employees) Act, 2013, before the relevant Committee constituted by the Government of Sindh.
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Matter:SERVICE

83 . Const. P. 7122/2018 Zamir Hussain Ujjan V/S Province of Sindh & Others Sindh High Court, Karachi

Topic: Service matters (Section 3 of Sindh Regularization Act, )

[SHC Citation: 2020- SHC-KHI - 144203 ]
Without touching the merits of the cases and by consent the competent authority of the respondent-department is directed to place the cases of petitioners for consideration of their regularization under Section 3 of Sindh (Regularization of Ad-hoc and Contract Employees) Act, 2013, before the relevant Committee constituted by the Government of Sindh.
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Matter:SERVICE

84 . Const. P. 7520/2019 Irfan Ali V/S Sect: Local Board and Ors Sindh High Court, Karachi [SHC Citation: 2020- SHC-KHI - 144151 ]
The instant constitutional petition under Article 199 of the Constitution of the Islamic Republic of Pakistan, 1973, has been filed by the petitioner, seeking declaration to the effect that two additional assignments / charges of the post of Secretary, Union Council, Naseer Khan Chang and Union Council, Nango Shah, given to the private respondent No.3 in addition to his own duty as Secretary, Union Council, Saeed Khan Lund, Tando Muhammad Khan, vide impugned orders issued by the Director, local Government, Hyderabad, is illegal on the premise that the private respondent No.3 does not qualify to hold two offices in addition to his own duties--Learned counsel for the petitioner is satisfied with the aforesaid statement of the Director, Local Government Board, Government of Sindh, and seeks disposal of this petition accordingly. Be that as it may, official respondents 1 and 2 are warned to be careful in future and are directed to conduct themselves strictly in accordance with law. Let a copy of this order be communicated to Chief Secretary Sindh for information. --Disposed of.
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Matter:QUO WARRANTO

85 . J.M 49/2018 Iftikhar Ahmed Qureshi V/S Mr. Muhammad Abrar Ahmed Qureshi & others Sindh High Court, Karachi [SHC Citation: 2020- SHC-KHI - 144118 ]
1. Substituted service by way of publication is only presumed to be personal service by virtue of Rule 20(2) of Order V CPC. Such presumption is rebuttable. Therefore, where service by publication is challenged, the first test is to see whether the conditions of Order V Rule 20 CPC had been met, viz., that the publication was resorted to after the Court was satisfied that the defendant was avoiding service, or there was some other reason to believe that summons could not be served in the ordinary manner; in other words, whether the ordinary modes of service available had been exhausted. Rel: Muhammad Anwar v. Abdul Haq (1985 SCMR 1228); Haji Akbar v. Gul Baran (1996 SCMR 1703); and Nargis Latif v. Feroz Afaq Ahmed Khan (2001 SCMR 99). 2. While a courier???s receipt was filed to show that summons had been dispatched, there was no report of delivery by the courier to show that summons so dispatched were ???delivered??? or ???tendered??? within the meaning of Order V Rule 10 CPC. So far there is no statute that attaches a presumption of service to summons sent by a private courier service (as opposed to a public courier service). Rel: Inayatullah v. Syed Khursheed Ahmed Shah (2014 SCMR 1477). Thus, it can be safely said that prior to publication neither the available modes of service were exhausted nor was there a verification that the modes of service so used had failed. In any case, the publication made was at best publication of the ???notice??? of the pending CMAs and there was no publication made of the ???summons??? of the suit. 3. Had it not been a case attracting section 12(2) CPC, the exparte judgment and decree could nonetheless be set-aside under Order IX Rule 13 CPC.
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Matter:APPLICATION U/S 12(2)

86 . Const. P. 3247/2016 Prof: Syed Farhat Ali Jaffery V/S Province of Sindh and Ors Sindh High Court, Karachi

Topic: Service matters (Additional Charge)

[SHC Citation: 2020- SHC-KHI - 144150 ]
By means of this petition, the petitioner has impugned office order dated 30.05.2016 whereby his extra assignment of the post of Principal, Karachi Medical & Dental College, KMC, in addition to his own duties, was cancelled / withdrawn--Admittedly, the petitioner is Government Servant and his case falls within the ambit of the terms and conditions of his service. In our view, a Government Servant has no vested right to claim a particular assignment in addition to his own duties forever or for a stipulated period as a matter of right. The respondents have already cancelled / withdrawn the aforesaid assignment vide Office Order dated 30.05.2016, which does not call for any interference-Dismissed.
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Matter:SERVICE

87 . J.M 74/2015 Maula Bakhsh. V/S Muhammad Abrar Ahmed & Others. Sindh High Court, Karachi [SHC Citation: 2020- SHC-KHI - 144119 ]
1. Substituted service by way of publication is only presumed to be personal service by virtue of Rule 20(2) of Order V CPC. Such presumption is rebuttable. Therefore, where service by publication is challenged, the first test is to see whether the conditions of Order V Rule 20 CPC had been met, viz., that the publication was resorted to after the Court was satisfied that the defendant was avoiding service, or there was some other reason to believe that summons could not be served in the ordinary manner; in other words, whether the ordinary modes of service available had been exhausted. Rel: Muhammad Anwar v. Abdul Haq (1985 SCMR 1228); Haji Akbar v. Gul Baran (1996 SCMR 1703); and Nargis Latif v. Feroz Afaq Ahmed Khan (2001 SCMR 99). 2. While a courier???s receipt was filed to show that summons had been dispatched, there was no report of delivery by the courier to show that summons so dispatched were ???delivered??? or ???tendered??? within the meaning of Order V Rule 10 CPC. So far there is no statute that attaches a presumption of service to summons sent by a private courier service (as opposed to a public courier service). Rel: Inayatullah v. Syed Khursheed Ahmed Shah (2014 SCMR 1477). Thus, it can be safely said that prior to publication neither the available modes of service were exhausted nor was there a verification that the modes of service so used had failed. In any case, the publication made was at best publication of the ???notice??? of the pending CMAs and there was no publication made of the ???summons??? of the suit. 3. Had it not been a case attracting section 12(2) CPC, the exparte judgment and decree could nonetheless be set-aside under Order IX Rule 13 CPC.
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Matter:APPLICATION U/S 12(2)

88 . Const. P. 3478/2018 Bashir Ahmed V/S Fed. of Pakistan and Others Sindh High Court, Karachi

Topic: Service matters (Counting of previous service for pension)

[SHC Citation: 2020- SHC-KHI - 144103 ]
the petitioner is seeking addition of the period, served with Civil Aviation Authority (`CAA`) on daily wages, against the substantive post of Storekeeper, with the period served as a regular employee, for the purpose of pensionary benefits---In view of the above discussion, this petition is allowed with no order as to costs and the respondents are directed to include daily wages employment of petitioner as his substantive service in regular for the purpose of service dues and other allied pensionary benefits. Respondents are further directed to complete the entire exercise and settle the service dues of the petitioner within sixty (60) days from the date of this judgment.
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Matter:PENSIONARY BENEFITS

89 . Const. P. 6328/2019 Muhammad Rashid and Ors V/S Govt. of Sindh & Others Sindh High Court, Karachi

Topic: Service matters (Section 3 of Sindh Regularization Act, )

[SHC Citation: 2020- SHC-KHI - 144147 ]
Case of the petitioners is that they were appointed purely on temporary contract basis in the ADP schemes / projects viz. Youth Health Awareness Program (YHAP), Establishment of Mobile Skill Development Unit for Underprivileged Youth (EMSDUUY) and Benazir Bhutto Shaheeed Youth Development Porgramme (BBSYDP), in the years 2009, 2012 and 2013 till completion of the projects. After completion of the projects, their services stood discontinued as per terms of their appointment orders--The petitioners, in our view, have failed to make out their case for regularization of their service as their case is neither covered under Section 3 of Sindh (Regularization of Ad-hoc and Contract Employees) Act, 2013, nor falls within the ambit of Policy of Government of Sindh, therefore, the instant petition is hereby dismissed along with pending application(s) with no order as to costs.
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Matter:SERVICE

90 . Const. P. 3479/2018 Muhammad Irfanullah Khan V/S Fed. of Pakistan and Others Sindh High Court, Karachi

Topic: Service matters (Counting of previous service for pension)

[SHC Citation: 2020- SHC-KHI - 144104 ]
the petitioner is seeking addition of the period, served with Civil Aviation Authority (`CAA`) on daily wages, against the substantive post of Meter Reader, with the period served as a regular employee, for the purpose of pensionary benefits--In view of the above discussion, this petition is disposed of by directing the competent authority of respondents to include nine (09) years??? service of daily wages employment of petitioner as his substantive service in regular and recalculate his service / retiring dues and other allied benefits and the same be paid to him in accordance with law. Respondents are further directed to process and complete the entire service dues of the petitioner within sixty (60) days from the date of receiving this judgment. No order as to costs.
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Matter:PENSIONARY BENEFITS

91 . Suit 394/1997 MUHAMMAD KHAN V/S PAK. STEEL MILLS CORP. LTD. & ORS. Sindh High Court, Karachi

Topic: Fatal Accident (Fatal Accident )

[SHC Citation: 2020- SHC-KHI - 144204 ]
Non-production of Departmental Inquiry Report in the evidence by Defendants has raised adverse presumption against them, as envisaged in Article 129(g) of Qanun-e-Shahadat Order, 1984. Loss of consortium; that is, deprivation of the benefits of a family relationship due to injuries or death caused by a tortfeasor. Well known rules about foreseeability,causation and but for explained; if any reasonable person by applying his ordinary prudence can foresee a loss that can arise from his act(s), then he owes a duty of care to others [claimant] and is liable for the negligent act that has caused damaged to the other person (claimant). Similarly, causation is the linkage between the negligent act [breach of duty of Care] that has resulted in causing injury and the "but for" test if simply put, means, that the injury would not have occurred without the defendant's negligence. Legislative amendments are proposed.
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Matter:RECOVERY

92 . Const. P. 2884/2016 Sikandar Ali and Ors V/S Province of Sindh and Ors Sindh High Court, Karachi

Topic: Service matters (Regularisation of Employee)

[SHC Citation: 2020- SHC-KHI - 144607 ]
Petitioners have approached this Court for regularization of their service in Culture, Tourism and Antiquities Department, Government of Sindh--Admittedly, the petitioners were appointed to the aforesaid posts on contract basis in the projects after the cut-off date i.e. 25th March, 2013 as provided in the Sindh (Regularization of Ad-hoc and Contract Employees) Act, 2013--It is well-settled law that the regularization of the service is always subject to availability of budgetary post and fulfillment of recruitment criteria, which factor is lacking in the present cases--Dismissed.
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Matter:REGULARIZATION

93 . Suit 431/2011 PSO V/S PROV.OF SINDH & ORS. Sindh High Court, Karachi [SHC Citation: 2020- SHC-KHI - 144034 ]
Property Tax on property of KPT is payable and is not exempt, whereas, the Plaintiff / Tenant pursuant to lease Agreement is liable to pay the same.
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Matter:RECOVERY

94 . Const. P. 408/2016 Mohammad Mithal Lohach V/S Fed. of Pakistan and Ors Sindh High Court, Karachi

Topic: Service matters (Inquiry)

[SHC Citation: 2020- SHC-KHI - 144148 ]
No one is present on behalf of the petitioner to assist this Court. This petition was filed in the month of January 2016, praying for initiation of an inquiry against the then Secretary, Education Department, Government of Sindh--In the above circumstances, this petition, being not maintainable and having become infructuous, is dismissed along with pending application(s) with no order as to costs.
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Matter:SERVICE

95 . Const. P. 4461/2017 Imtiaz Bibi V/S Fed of Pakistan & Ors Sindh High Court, Karachi

Topic: Service matters (Pension)

[SHC Citation: 2020- SHC-KHI - 144149 ]
Petitioner is the second wife of deceased Saeeduddin Qureshi, who passed away on 22.12.2009, seeks twenty-eight (28) month family pension, granted to deceased???s first wife namely Mst. Bushra Saeed, who passed away on 25.11.2016--On the aforesaid proposition, we seek guidance from the order dated 21.02.2013 passed by Hon???ble Supreme Court in Civil Appeal No.48 of 2013 (International Islamic University, Islamabad V/S Jahanzaib Khan and others), wherein it was held, inter alia, that all the Government departments, agencies and officers deployed to serve the general public within the limits prescribed by the Constitution and the law shall not cause unnecessary hurdle or delay in finalizing the payment of pensionary / retirement benefits, and any violation of such direction shall amount to criminal negligence and dereliction of the duty assigned to them--This petition stands allowed / disposed of with no order as to costs along with pending application(s) in the above terms. Let notice be issued to respondents 1 and 2 as well as to the Chief Secretary, Government of Sindh, and the Accountant General, Sindh, for compliance.
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Matter:PENSIONARY BENEFITS

96 . Const. P. 6090/2017 Dr. Farrukh Mirza V/S The Sect: and Ors Sindh High Court, Karachi

Topic: Service matters (restoration of 50% commuted portion of pension)

[SHC Citation: 2020- SHC-KHI - 144145 ]
The petitioner, who is present in person, has referred to his comments filed on 27.01.2020 on report dated 07.12.2019 of Nazir of this Court and submits that he has received 50% commuted portion of pension with certain increases, but the restoration of 50% commuted portion of pension amount has been wrongly calculated by alleged contemnor as well as by Nazir of this Court--In view of the facts and circumstances of the case and for the reasons alluded as above, we are satisfied with the explanation offered by the respondent-department that compliance of the judgment of the Hon???ble Supreme Court of Pakistan has been made in its letter & spirit. Accordingly, this application is dismissed with no order as to costs.
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Matter:PENSION

97 . Const. P. 8536/2018 Riffat John V/S Province of Sindh & Others Sindh High Court, Karachi

Topic: Service matters (change of domicile)

[SHC Citation: 2020- SHC-KHI - 144058 ]
Petitioner has approached this Court for regularization of her service as Staff Nurse (BPS-16) in Health Department, Government of Sindh--In our view, the Sindh Government may have the right to appoint bona fide residents of Province of Sindh, denial of such right to residents of other provinces is protected as discussed in the preceding paragraph. It is also established principle in service jurisprudence that the domicile declared by a Government servant and accepted by Government at the time of entry into Government service is treated as final throughout his service career and no subsequent change in his domicile is recognized for service purposes. However, if a person lives in a particular province or district and decides to shift to another province to be a permanent residence there, then it will not affect the status of his/her domicile; however, his/her former PRC will be cancelled. But in the present case we have seen that petitioner deliberately obtained domicile of District East, Karachi, after an objection was raised by the respondents with regard to her domicile of Punjab. This being the position of the case, this petition merits no consideration, which is accordingly dismissed along with pending application(s) with no order as to costs.
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Matter:SERVICE

98 . Const. P. 5844/2018 Naeemullah Samoo V/S Province of Sindh & Others Sindh High Court, Karachi

Topic: Service matters (Deceased quota)

[SHC Citation: 2020- SHC-KHI - 144059 ]
Deceased quota
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Matter:DECEASED QUOTA

99 . Const. P. 7604/2018 Syed Shoaib Hussain Zaidi V/S NIRC and Ors Sindh High Court, Karachi

Topic: Service matters (Dismissal-Termination)

[SHC Citation: 2020- SHC-KHI - 144060 ]
petitioner has assailed order dated 12.9.2018, passed by respondent-Karachi Electric (K.E) whereby he was dismissed from service on the charge of misconduct--assailed the same before NIRC--There is no cavil to what the respondent-K.E says to the extent that case of the petitioner should be decided by the appellate forum i.e. Full Bench of NIRC, if petitioner approaches them with an application for condoning the delay in filing of the case before the NIRC. On the aforesaid proposition, we are fortified with the decision dated 11.06.2019 rendered by the Hon'ble Supreme Court in Civil Appeal No.1007 of 2019--We, in the circumstances, dispose of this petition with no order as to costs with the observation that if petitioner approaches the competent / appellate forum against the impugned orders passed by the respondents, the same shall be decided in accordance with law and the question of limitation, if any, shall also be dealt with in accordance with law and keeping in view the grounds to be urged by the petitioner for condoning the delay.
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Matter:AGAINST ORDER

100 . Const. P. 7189/2019 Muhammad Sharif Kalhoro V/S Province of Sindh & Others Sindh High Court, Karachi [SHC Citation: 2020- SHC-KHI - 143940 ]
transfer and posting
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Matter:SERVICE

101 . Const. P. 7189/2019 Muhammad Sharif Kalhoro V/S Province of Sindh & Others Sindh High Court, Karachi

Topic: Service matters (frequent transfer and posting)

[SHC Citation: 2020- SHC-KHI - 143916 ]
Petitioner has impugned his frequent transfer and posting order dated 04.11.2019 issued by the respondent No.2-Agriculture Supply and Prices Department, Government of Sindh--It is a well settled law that the transfer and posting falls within the ambit of expression ???terms and conditions of service??? and the petitioner cannot claim a vested right on a particular post at a particular place. Therefore, the forum chosen by the petitioner by invoking the Constitutional Jurisdiction of this Court under Article 199 of the Constitution is not proper under the law. On the aforesaid proposition, the recent decision dated 16.1.2020 of the Hon'ble Supreme Court passed in Criminal Appeal No.622 of 2019 is clear in its terms--Dismissed.
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Matter:SERVICE

102 . Const. P. 2334/2018 Muhammad Azam and Ors V/S Fed. of Pakistan and Others Sindh High Court, Karachi [SHC Citation: 2020- SHC-KHI - 143907 ]
Regularization issue in PSM
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Matter:SERVICE

103 . Const. P. 5410/2019 Syed Zulfiqar Ali Shah and Ors V/S Province of Sindh & Others Sindh High Court, Karachi

Topic: Service matters (probation period)

[SHC Citation: 2020- SHC-KHI - 143905 ]
Petitioners are seeking direction to the respondent-Sindh Government to annul the probationary period of two (02) years for confirmation of Government jobs--we do not see violation of any fundamental right of the petitioners in relation to fixation of probationary period by the Government. Accordingly, the instant petition, being misconceived, is dismissed in limine with no order as to costs.
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Matter:APPOINTMENT

104 . Const. P. 2293/2018 Noureen Naz and Ors V/S Province of Sindh and Others Sindh High Court, Karachi

Topic: Service matters (Regularisation of Employee)

[SHC Citation: 2020- SHC-KHI - 143874 ]
Primarily, the petitioners have approached this Court for regularization of their services in Planning and Development Department, Government of Sindh-- It is an undisputed fact that the petitioners were project employees. Their letters of appointment clearly state that their posts were 'temporary project posts' which would be 'likely to continue till the completion of project and keeping in view the completion of project activities and finalization of scope of work relating to job assignment of the petitioners, the competent authority decided to closure of the project under policy decision, it is beyond the jurisdictional domain of this Court to delve into highly technical and purely policy issues which were better left to be dealt with by experts having relevant knowledge, training and expertise in their respective fields and the competent authorities authorized and empowered by law to do so--The petitioners, in our view, have failed to make out their case for regularization of their service as their case is neither covered under Section 3 of Sindh (Regularization of Ad-hoc and Contract Employees) Act, 2013, nor falls within the ambit of Policy of Government of Sindh, therefore, the instant petitions are hereby dismissed along with pending application(s) with no order as to costs.
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Matter:SERVICE

105 . Const. P. 2271/2018 Ms. Shama Hassan and Ors V/S Fed. of Pakistan and Others Sindh High Court, Karachi

Topic: Service matters (Regularisation of Employee)

[SHC Citation: 2020- SHC-KHI - 143906 ]
The brief facts of the case are that the petitioners were initially appointed by Pakistan Steel Mills and presently performing their duties as teaching and non-teaching staff in the Education Department of Pakistan Steel in terms of letters of contracts issued by Hadeed Welfare Trust for the last many years and are seeking regularization of their contractual services on the strength of order dated 21.03.2017 passed by the Hon'ble Supreme Court of Pakistan in Civil Petition Nos.121-K and 122-K of 2017---Accordingly, these petitions are disposed of in terms of orders dated 21.03.2017 and 03.06.2019 passed by the Hon'ble Supreme Court of Pakistan in the aforesaid matters, with no order as costs.
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Matter:SERVICE

106 . Suit 1076/2013 Digri Sugar Mills Limited and others. V/S Mian Kamran Elahi and others. Sindh High Court, Karachi [SHC Citation: 2020- SHC-KHI - 143769 ]
In a Suit for Declaration, Injunction, Cancellation, Rendition of Accounts and Recovery, Plaintiffs had sought a restraining order against Defendants from presenting postdated cheques given as security pursuant to written agreements between the parties; or to use the same for any criminal proceedings or otherwise. Defendants opposed this application on the ground that section 56 (e) of the Specific Relief Act bars grant of any such permanent injunction; hence, no temporary injunction can be granted. The Court repelled this argument and allowed the injunction application by passing a temporary injunction and restrained the Defendants from using such cheques in any manner pending trial of the Suit.
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Matter:DECLARATION

107 . Const. P. 7221/2019 Talal Ahmed V/S Province of Sindh & Others Sindh High Court, Karachi

Topic: Service matters (Son quota)

[SHC Citation: 2020- SHC-KHI - 143839 ]
Police Department--Son quota--The aforesaid legal position of the case explicitly shows that there is concept of only deceased quota subject to all just exceptions and not that of son quota. Since petitioner has applied against son quota in the police department, he is not entitled to such relief under the aforesaid provision--Dismissed in limine.
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Matter:SON QUOTA

108 . Const. P. 2341/2010 Muhammad Anwer V/S The federation of Pakistan & Ors. Sindh High Court, Karachi

Topic: Service matters (Pension)

[SHC Citation: 2020- SHC-KHI - 143749 ]
Basically, the matter pertains to minor penalties which were imposed on the petitioners under the Removal from Service (Special Powers) Ordinance, 2000, (now repealed), they challenged their reduction into lower grade in the Federal Service Tribunal (FST) but their appeals were abated and thereafter they filed these petitions before this Court---In the light of judgment passed by the Hon???ble Supreme Court as discussed supra which was implemented by the respondents in letter and spirit, we are not convinced with the argument of learned counsel for the respondents that the petitioners are not entitled to the financial benefits with effect from the date of their demotion in year 2003, rather from year 2012---In the light of findings of the Hon'ble Supreme Court of Pakistan vide orders dated 24.3.2010 and 20.5.2010 in the aforesaid proceedings, these petitions are allowed with no order as to costs by directing the competent authority of respondents to re-calculate the pensionery benefits of the petitioners and other benefits as admissible under the law with effect from their demotion and reduction in increment. Such amount must be deposited with the Nazir of this Court within a period of one (01) month which shall be paid to the petitioners on proper verification and confirmation.
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Matter:REMOVAL FROM SERVICE

109 . Const. P. 7120/2019 Zamir Ahmed Abbasi V/S Lt Cdr (R) Kashif Ahmed Abbasi and Ors Sindh High Court, Karachi [SHC Citation: 2020- SHC-KHI - 143770 ]
The Additional Secretary is directed to ensure that vacant possession of the subject flat is taken over from respondent No.1 and/or from any person(s) in possession on his behalf, and is handed over to the present petitioner without fail within seven (07) days from today. Services, General Administration and Coordination Department, Government of Sindh, is directed to pay a sum of Rs.100,000.00 (Rupees one hundred thousand only) to the petitioner on or before the next date of hearing as compensation. The Additional Secretary, Services, General Administration and Coordination Department, is directed to submit a complete list before this Court on the next date of hearing of all such quarters, flats, bungalows and Government accommodation that are in unauthorized occupation or possession of such persons who are not entitled to enjoy possession thereof. Adjourned to 26.02.2020 at 11:00 am when above named Additional Secretary shall be in attendance. Let notice be issued to Chief Secretary Sindh to ensure compliance of this order in letter and spirit.
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Matter:ACCOMODATION

110 . Const. P. 591/2018 Okash Khalid Memon & Ors V/S Province of Sindh & Ors Sindh High Court, Karachi

Topic: Service matters (Appointment by transfer)

[SHC Citation: 2020- SHC-KHI - 143748 ]
Prime grievance of the petitioners is that Recruitment Rules, framed for the post of Secretary (BPS-17), District Regional Transport Authorities (???DRTA???) and notified on 13.7.2011, provide no room for posting of outsiders, but the respondents in deviation of aforesaid rules are posting the officers of other cadre against the post of Secretary (BPS-17), DRTA---Much emphasis has been laid that the post of Secretary, DRTA, can be filled by the officers of other cadres. We have also noticed that the six (06) posts of Secretary (BPS-17), RTA, and one post of Secretary (BPS-17), PTA, do fall within the ambit of cadre schedule in respect of posts to be filled by officers of PAS, Ex-PCS and PSS. As such, the aforesaid post can only be filled as per Recruitment Rules and subject to eligibility and entitlement, and not otherwise for the simple reason that Provincial Transport Department is a separate cadre and Recruitment Rules are already in the field. The said rules are framed in consultation with the Services, General Administration and Coordination Department, Government of Sindh in pursuance with sub-rule (2) of Rule 3 of the Rules, 1974. In view of the above, we do not agree with the contentions raised on behalf of the petitioners, therefore, the petition is dismissed with no order as to costs.
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Matter:QUO WARRANTO

111 . Const. P. 7576/2019 Badaruddin V/S Fed. of Pakistan and Others Sindh High Court, Karachi

Topic: Service matters (Pension)

[SHC Citation: 2020- SHC-KHI - 143785 ]
the petitioner stood retired from service of respondent-Pakistan Telecommunication Company Limited on 18.02.2008 as a Lineman (BPS-8) under Voluntary Separation Scheme (VSS) and was drawing monthly pension up-till July, 2015, but the respondent No.2 illegally and unlawfully stopped and withheld his pension---In view of the above, this petition stands disposed of with no order as to costs with direction to the competent authority of respondents to look into the matter of the petitioner and provide similar treatment to him as given by this Court to his colleagues Shakeel Ahmed, Anis Hyder and Muhammad Shoukat Qadri in C.P No.D-5734/2018, C.P No.D-6225/2018, and C.P No.D-6766/2019 respectively.
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Matter:PENSION

112 . Cr.Bail 184/2020 ABDUL MUHAMMAD S/O ABDUL MUTALIB V/S THE STATE Sindh High Court, Karachi
Bail refused in a case of theft of Gas under Section 15/24 of Gas Theft Control & Recovery Act 2016.
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Matter:BAIL BEFORE ARREST

113 . Cr.Bail 673/2020 ATHAR BAZ S/O SYED AMAN SHAH V/S THE STATE Sindh High Court, Karachi
Bail granted in a case registered under Section 302 & 34 PPC on the Rule of consistency as co-accused with a lesser role has been granted bail by the Trial Court.
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Matter:BAIL AFTER ARREST

114 . Cr.Bail 683/2020 SYED WASEEM S/O IFTIKHARUDDIN V/S THE STATE Sindh High Court, Karachi
Bail granted in a case of dishonor of cheques under Section 489-F PPC.
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Matter:BAIL AFTER ARREST

115 . Cr.Bail 367/2020 SYED RAEES ABBAS SHAH V/S THE STATE Sindh High Court, Karachi
Bail refused in a case of Rape / Zina under Section 376 PPC.
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Matter:BAIL AFTER ARREST

116 . Const. P. 2437/2020 Asim Iqbal Advocate and Others V/S Fed. of Pakistan and Others Sindh High Court, Karachi
Order passed by the Divisional Bench comprising Mr. Justice Muhammad Ali Mazhar and Mr. Justice Yousuf Ali Sayeed on public and private hospitals' OPDs and emergency services in continuation of order dated 13.05.2020
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Matter:DIRECTION

117 . Const. P. 2169/2020 Jaffar Mahmood V/S Fed. of Pakistan & Ors Sindh High Court, Karachi
Consolidated order passed by the Divisional Bench comprising Mr. Justice Muhammad Ali Mazhar and Mr. Justice Yousuf Ali Sayeed on the petitions filed by Sindh Bar Council, Sindh High Court Bar Association and some individual lawyers for directions to Sindh Government to announce monetary package for deserving lawyers during pandemic situation
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Matter:DIRECTION

118 . Const. P. 1388/2017 Syed Umar Baqi and Ors V/S Fed. of Pakistan and ORs Sindh High Court, Karachi
Federal Government and PSM are directed to allocate requisite funds to settle the post-retirement claims of all such retired employees of PSM who have not approached the Court, and to deposit the same with the Nazir of this Court latest by 31.08.2020. At the request of learned DAG, PSM is directed to submit a complete list of claims of all such retired employees who have not approached the Court, within fifteen (15) days with advance copy to learned DAG. By consent, adjourned to 03.09.2020 at 11:00 a.m.
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Matter:G.P FUND

119 . Cr.Bail 588/2020 MUHAMMAS SALEEM S/O RASHEED AHMED V/S THE STATE Sindh High Court, Karachi
Bail refused in a case registered under Section 376 of Pakistan Penal Code for alleged rape of sister in law by the accused.
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Matter:BAIL AFTER ARREST

120 . Const. P. 2429/2020 Ghazanfar Ali Abbasi V/S Province of Sindh and Others Sindh High Court, Karachi
By consent all these petitions and listed applications are disposed of with no order as to costs in terms of the above undertaking given by the Senior Member Board of Revenue Sindh ; and, as agreed by the parties, the impugned Notification shall remain suspended to the extent of the present petitioners till the final decision / order of the competent authority of the Board of Revenue Sindh on the representations filed by the petitioners. Needless to say any person aggrieved by the order / decision of the competent authority will seek his remedy before the competent forum in accordance with law.
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Matter:SERVICE

121 . Const. P. 2520/2020 Shahnawaz V/S Province of Sindh and Others Sindh High Court, Karachi
By consent all these petitions and listed applications are disposed of with no order as to costs in terms of the above undertaking given by the Senior Member Board of Revenue Sindh ; and, as agreed by the parties, the impugned Notification shall remain suspended to the extent of the present petitioners till the final decision / order of the competent authority of the Board of Revenue Sindh on the representations filed by the petitioners. Needless to say any person aggrieved by the order / decision of the competent authority will seek his remedy before the competent forum in accordance with law.
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Matter:SERVICE

122 . Const. P. 2428/2020 Yar Muhammad Bozdar V/S Province of Sindh and Others Sindh High Court, Karachi
By consent all these petitions and listed applications are disposed of with no order as to costs in terms of the above undertaking given by the Senior Member Board of Revenue Sindh ; and, as agreed by the parties, the impugned Notification shall remain suspended to the extent of the present petitioners till the final decision / order of the competent authority of the Board of Revenue Sindh on the representations filed by the petitioners. Needless to say any person aggrieved by the order / decision of the competent authority will seek his remedy before the competent forum in accordance with law.
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Matter:SERVICE

123 . Const. P. 2249/2020 Umair Anjum V/S Province of Sindh and Others Sindh High Court, Karachi
Order passed by Mr. Justice Muhammad Ali Mazhar and Mr. Justice Yousuf Ali Sayeed in C.P. No.D-2249/2020 filed for lifting ban on pillion riding.
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Matter:AGAINST NOTIFICATION

124 . Const. P. 2477/2020 Amolakh Das V/S Speaker Provincial Assembly of SIndh & Others Sindh High Court, Karachi
Notice to the respondents as well as to learned Advocate General Sindh for 29.05.2020 at 10:00 a.m.
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Matter:SERVICE

125 . Const. P. 2497/2020 Syed Kifayat Hussain Shah V/S Province of Sindh & Ors Sindh High Court, Karachi
Notice to the respondents as well as to learned Advocate General Sindh for 29.05.2020 at 10:00 a.m.
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Matter:SERVICE

126 . Const. P. 2445/2020 Mubin Ahmed V/S Sinior Director, HR Management KMC & Others Sindh High Court, Karachi
Notice to the respondents as well as to learned Advocate General Sindh for 20.05.2020 at 11:00 a.m. Till the next date of hearing, operation of the impugned order shall remain suspended.
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Matter:SERVICE

127 . Const. P. 2387/2020 Allah Dino and Others V/S Province of Sindh and Others Sindh High Court, Karachi
By consent all these petitions and listed applications are disposed of with no order as to costs in terms of the above undertaking given by the Senior Member Board of Revenue Sindh ; and, as agreed by the parties, the impugned Notification shall remain suspended to the extent of the present petitioners till the final decision / order of the competent authority of the Board of Revenue Sindh on the representations filed by the petitioners. Needless to say any person aggrieved by the order / decision of the competent authority will seek his remedy before the competent forum in accordance with law.
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Matter:SERVICE

128 . Suit 547/2007 TRADING CORP. OF PAKISTAN (PVT) LTD. V/S ADAM SUGAR MILLS LTD. Sindh High Court, Karachi
Objection to Arbitration Award was that where compensation was awarded on the basis of a sum stipulated in a clause of the contract, then further compensation on basis of similar clauses could not have been declined by arbitrators. Held: arbitrators had found that none of the parties committed breach of contract; thus amount awarded by arbitrators was not as compensation under section 74 of the Contract Act but on an equitable consideration of the matter to which the Defendant had not objected.
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Matter:AWARD

129 . Cr.Bail 560/2020 IQBAL S/O NOOR MUHAMMAD V/S THE STATE Sindh High Court, Karachi
Bail granted in the case registered under Section(s) 4, 5, & 8 of Sindh Prohibition of Preparation, Manufacturing, Storage, Sale and use of Gutka and Manpuri Act, 2019 as a case of further inquiry was made out.
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Matter:BAIL AFTER ARREST

130 . Cr.Bail 559/2020 MUHAMMAD YOUSUF S/O WARYAM & ANOTHER V/S THE STATE Sindh High Court, Karachi
Bail granted in a case registered under Section 3, 4, 5 & 8 of Sindh Prohibition of Preparation, Manufacturing, Storage, Sale and Use of Gutka and Manpuri Act, 2019 as a case of further inquiry was made out.
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Matter:BAIL AFTER ARREST

131 . Const. P. 2428/2020 Yar Muhammad Bozdar V/S Province of Sindh and Others Sindh High Court, Karachi
Issue notice to the respondents as well as to learned Advocate General Sindh with direction to file comments before the next date of hearing. Respondent No.2 / Senior Member Board of Revenue Sindh is directed to appear before this Court in person on the next date of hearing. Till the next date of hearing, operation of the impugned notification to the extent of the present petitioner shall remain suspended. To come up on 14.05.2020 at 11:00 am along with C.P. No.D-2387/2020.
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Matter:SERVICE

132 . Cr.Bail 1712/2019 MUHAMMAD KAMRAN SHAIKH S/O MUHAMMAD SALEEM V/S THE STATE Sindh High Court, Karachi
Pre-arrest Bail granted in a case registered under Section 489-F PPC as cheques were issued pursuant to an agreement, whereas, in lieu of certain cheques the complainant had received part payment, and his conduct was based on malafides and ulterior motives, entitling the accused, pre arrest Bail.
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Matter:BAIL BEFORE ARREST

133 . Const. P. 2250/2020 Ali Asghar V/S Province of Sindh and Others Sindh High Court, Karachi
Before parting with this case, we are constrained to observe that the conduct of respondent No.2 does not appear to be proper and reasonable as notifications of postings have been issued by him one after the other in an indiscriminate manner by giving acting and or additional charge as stop gap arrangement to junior officers in utter disregard and violation of the law laid down by the Hon???ble Supreme Court and this Court. We were about to call respondent No.2 before this Court in person in order to explain his conduct, but in view of the assurance given on his behalf by learned AAG that he shall not repeat the above mistakes in future, we have decided to not call respondent No.2 for the time being. However, he is warned to be careful in future. Chief Secretary Sindh is directed to ensure that all the transfers, postings, etc. in his department are done by respondent No.2 strictly in accordance with the law laid down by the Hon???ble Supreme Court and this Court.
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Matter:SERVICE

134 . Const. P. 2250/2020 Ali Asghar V/S Province of Sindh and Others Sindh High Court, Karachi
With the consent of learned counsel for the parties and learned AAG Sindh, the petition and listed applications stand disposed of in the above terms and with the above directions with no order as to costs. Office is directed to issue notice to respondents 1 and 2 for compliance of this order in letter and spirit.
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Matter:SERVICE

135 . Const. P. 2429/2020 Ghazanfar Ali Abbasi V/S Province of Sindh and Others Sindh High Court, Karachi
Issue notice to the respondents as well as to learned Advocate General Sindh with direction to file comments before the next date of hearing. Respondent No.2 / Senior Member Board of Revenue Sindh is directed to appear before this Court in person on the next date of hearing. Till the next date of hearing, operation of the impugned notification to the extent of the present petitioner shall remain suspended. To come up on 14.05.2020 at 11:00 am along with C.P. No.D-2387/2020.
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Matter:SERVICE

136 . Const. P. 2414/2020 TYMS Education Pvt Ltd V/S Province of Sindh and Others Sindh High Court, Karachi
Issue notice to the respondents as well as to learned Advocate General Sindh for 14.05.2020 at 11:00 a.m. Till the next date of hearing, operation of clauses (ii) and (iv) of the impugned special order dated 28.04.2020 shall remain suspended.
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Matter:SCHOOL FEES

137 . Const. P. 2387/2020 Allah Dino and Others V/S Province of Sindh and Others Sindh High Court, Karachi
Issue notice to the respondents as well as to learned Advocate General Sindh with direction to file comments before the next date of hearing. Respondent No.2 / Senior Member Board of Revenue Sindh is directed to appear before this Court in person on the next date of hearing. Till the next date of hearing, operation of the impugned notification to the extent of the present eight (08) petitioners shall remain suspended. To come up on 14.05.2020 at 11:00 am.
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Matter:SERVICE

138 . Const. P. 1051/2019 Khizar Hayat Khan V/S Province of Sindh & Others Sindh High Court, Karachi
For further hearing and compliance of our above directions, adjourned to 06.07.2020.
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Matter:PENSION

139 . Const. P. 2195/2020 Party 1 V/S Party 2 Sindh High Court, Karachi
The petition has become infructuous, the same stands disposed of along with listed applications with no order as to costs.
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140 . Cr.Bail 537/2020 KALEEMULLAH S/O WALI MUHAMMAD V/S THE STATE Sindh High Court, Karachi
Bail granted in a case registered u/s 392, 394 and 34 PPC as a case of further enquiry was made out, whereas, complainant had also filed an affidavit to the effect that present accused was not the same person who had committed the crime.
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Matter:BAIL AFTER ARREST

141 . Cr.Bail 562/2020 MUHAMMAD AZAM S/O ABDUL HAMEED V/S THE STATE Sindh High Court, Karachi
Bail granted in a case registered under Section 9-C of the Control of Narcotics Act, 1997 (CNSA) as a case of further enquiry was made out.
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Matter:BAIL AFTER ARREST

142 . Cr.Bail 482/2020 MUHAMMAD AMMAR S/O SALMAN V/S THE STATE Sindh High Court, Karachi
Bail refused in a case registered under Sections 381, 408 & 34 PPC as the accused had recorded his confessional statement under Section 164 Cr.P.C and was prima facie involved in the crime.
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Matter:BAIL AFTER ARREST

143 . Cr.Bail 507/2020 AKRAM S/O JUMOON V/S THE STATE Sindh High Court, Karachi
Bail granted in a case registered under Section 3, 4 & 8 of Sindh Prohibition of Preparation, Manufacturing, Storage, Sale and Use of Gutka and Manpuri Act, 2019 as a case for further enquiry was made out.
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Matter:BAIL AFTER ARREST

144 . Cr.Bail 477/2020 NAWAB KHAN S/O ALI GOHAR V/S THE STATE Sindh High Court, Karachi
Bail granted in a case registered u/s 23(1)-A of the Sindh Arms Act 2013 as the weapon recovered was unidentified and without serial number.
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Matter:BAIL AFTER ARREST

145 . Suit 124/2020 U & I Garments (Pvt) Ltd & another. V/S Jazaa Foods (Pvt.) Limited Sindh High Court, Karachi
1. Effect of disclaimer made under section 21 of the Trade Marks Ordinance, 2001 from exclusive use of a name. 2. The principle that registration of a trade mark gives rise to a prima facie case, balance of convenience and likelihood of irreparable loss, that principle would be applicable where the trade mark was registered without a disclaimer. 3. In view of section 42(3) of the Trade Marks Ordinance, 2001, the use of the disclaimed feature of the mark in question would not constitute trade mark infringement. 4. An action for passing-off is essentially to protect ???property in goods??? based on the reputation of those goods, as distinct from an action to protect a trade mark which is a property in itself.
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Matter:TRADE MARKS ACT

146 . Spl.Anti.Ter.A. 66/2002 Ahmad Omar Shaikh V/S The State Sindh High Court, Karachi
Judgment in Daniel Pearls Appeal
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Matter:DEATH SENTENCE

147 . Const. P. 2097/2020 Sarfaraz Akram V/S Federation of Pakistan & Others Sindh High Court, Karachi

Topic: Service matters (Dismissal-Termination)

He allegedly absented himself from duty for a continuous period of approximately fifty-one (51) days from 02.02.2020 giving rise to disciplinary proceedings which resulted in issuance of the impugned show cause notice dated 11.03.2020.--The main reason agitated that movement of more than one third of the planet's population has been restricted as such his movement is also restricted for not joining the disciplinary proceedings, appears to be genuine which requires consideration. Issue notice to the respondent as well as to learned DAG for 27.04.2020.
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Matter:SERVICE

148 . Suit 574/2012 KIRTHAR PAKISTAN B.V V/S FEDERATION OF PAKISTAN & OTHERS Sindh High Court, Karachi
Suit not maintainable against a Show Cause Notice under Section 172 of the Income Tax Ordinance 2001.
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Matter:PERMANENT INJUNCTION

149 . Suit 1195/2018 Syed Asif Ali Shah V/S Federation of Pakistan & others Sindh High Court, Karachi
Injunction in Service matter dismissed. Plaintiff after participating in the "selection" process cannot challenge it and seek an Injunction on the ground that is in violation of the policy of "Promotion".
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Matter:DECLARATION

150 . Const. P. 1051/2019 Khizar Hayat Khan V/S Province of Sindh & Others Sindh High Court, Karachi
The Director General and Member Finance are directed to publish a public notice on behalf of KDA in Urdu daily ???Jang??? and English daily ???Dawn??? within ten (10) days from today notifying the retired employees of KDA that their pension and other post-retirement benefits shall be settled by KDA by paying 10% thereof latest by 30.04.2020 and the remaining 90% latest by 31.10.2020. Director General and Member Finance are directed not to use / utilize / appropriate any of the amounts mentioned in the proposal submitted today, or any part thereof, for any other purpose. In order to ensure compliance of this direction, they shall open a new bank account and shall transfer / deposit therein all the amounts, received and/or to be received, as mentioned in the said proposal. They are further directed to submit compliance report to this Court along with proof of opening the said new bank account, the transfer / deposit of amounts therein, fate of the auction of unsold units in PHS to be held on 24 to 27 March 2020, fate of the auction of plots in different schemes / townships to be held on 07 to 09 April 2020, and proof of payment of 10% amount to all retired employees as at 30.04.2020. To come up on 05.05.2020 at 11:00 a.m. when the Director General KDA and Member Finance KDA shall be in attendance along with the compliance report in the above terms.
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Matter:PENSION

151 . Suit 1949/2014 M/s. Global Pharmaceuticals (Pvt) Ltd. V/S Province of Sindh & Others. Sindh High Court, Karachi
Plaint returned under Order 7 Rule 10 CPC, as the cause of action had accrued at Hyderabad.
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Matter:RECOVERY

152 . Const. P. 5235/2015 Mohammad Mithal Jokhio and Ors V/S Province of Sindh and Ors Sindh High Court, Karachi

Topic: Service matters (Contempt )

Contempt---This Petition was disposed of by this Court vide order dated 17.08.2016 with direction to the Departmental Promotion Committee (DPC) for promotion of the petitioners in BPS-11--Perusal of the order dated 17.08.2016 passed by this Court in the aforesaid matter is clear in its terms; and, that the post of Secretary Union Council was placed in Basic Pay Scale 08 with effect from 01.07.2016 and all posts of Secretaries of Union Committees belonging to Sindh Councils Unified Grades Service have been placed in BPS-11, with effect from 01.07.2016--Dismissed
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153 . S.M.A 252/2017 Hutoxy Cowasjee and others V/S Null Sindh High Court, Karachi
A Probate is not a direction by the Court to any third-party to do, or to refrain from doing a certain act. A Probate, or Letters of Administration and a Succession Certificate are not a ???decree??? passed by a Court. Thus, where a person or authority to whom a Probate, or Letters of Administration or a Succession Certificate is presented to demonstrate authorization to act for the estate of a deceased, and such person/authority refuses to facilitate the Executor or Administrator, the Executor or Administrator can invoke remedies available at law. Contempt applications dismissed.
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Matter:PROBATE OF WILL

154 . Const. P. 6256/2019 Rizwan Farooq V/S Fed. of Pakistan and Others Sindh High Court, Karachi
Since respondent No.3 admittedly retired from service in the year 2002 i.e. 18 years ago, he is liable to vacate the subject quarter and the Estate Office is liable to take over possession thereof from him. Accordingly, respondents 1 and 2 are jointly and severally directed to take over possession of the subject quarter strictly in accordance with law and the directions of the Hon???ble Supreme Court. The petition stands disposed of in the above terms with no order as to costs.
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Matter:ACCOMODATION

155 . Const. P. 788/2019 Muhammad Sher and Ors V/S Fed. of Pakistan and Others Sindh High Court, Karachi
We are not at all impressed with the above proposal as post-retirement benefits of the petitioners, which is their unalienable fundamental right guaranteed by the Constitution, cannot be withheld or delayed on the ground of lack of funds or on any other ground whatsoever, especially when the same is their only source of income after retirement. However, before ordering attachment of the account(s) / fund(s) of the Federal Government in terms of order dated 04.02.2020, we deem it appropriate to grant last and final opportunity to the Federal Government and PSM to settle all the dues of the petitioners, subject to the condition that payments shall be made to them by the Federal Government in terms of the above-quoted statement without fail latest by 15.05.2020. It is clarified that if the commitment / assurance / undertaking mentioned in the above-quoted statement is not honoured by the Federal Government in letter and spirit, the account(s) / fund(s) of the Federal Government shall be attached forthwith for settlement of the dues of the petitioners.
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Matter:FOR GRATUITY

156 . Const. P. 1388/2017 Syed Umar Baqi and Ors V/S Fed. of Pakistan and ORs Sindh High Court, Karachi
We are not at all impressed with the above proposal as post-retirement benefits of the petitioners, which is their unalienable fundamental right guaranteed by the Constitution, cannot be withheld or delayed on the ground of lack of funds or on any other ground whatsoever, especially when the same is their only source of income after retirement. However, before ordering attachment of the account(s) / fund(s) of the Federal Government in terms of order dated 04.02.2020, we deem it appropriate to grant last and final opportunity to the Federal Government and PSM to settle all the dues of the petitioners, subject to the condition that payments shall be made to them by the Federal Government in terms of the above-quoted statement without fail latest by 15.05.2020. It is clarified that if the commitment / assurance / undertaking mentioned in the above-quoted statement is not honoured by the Federal Government in letter and spirit, the account(s) / fund(s) of the Federal Government shall be attached forthwith for settlement of the dues of the petitioners.
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Matter:G.P FUND

157 . Const. P. 3551/2018 Khan Habib Afridi & 2070 Others V/S Fed. of Pakistan and Others Sindh High Court, Karachi
We are not at all impressed with the above proposal as post-retirement benefits of the petitioners, which is their unalienable fundamental right guaranteed by the Constitution, cannot be withheld or delayed on the ground of lack of funds or on any other ground whatsoever, especially when the same is their only source of income after retirement. However, before ordering attachment of the account(s) / fund(s) of the Federal Government in terms of order dated 04.02.2020, we deem it appropriate to grant last and final opportunity to the Federal Government and PSM to settle all the dues of the petitioners, subject to the condition that payments shall be made to them by the Federal Government in terms of the above-quoted statement without fail latest by 15.05.2020. It is clarified that if the commitment / assurance / undertaking mentioned in the above-quoted statement is not honoured by the Federal Government in letter and spirit, the account(s) / fund(s) of the Federal Government shall be attached forthwith for settlement of the dues of the petitioners.
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Matter:SERVICE

158 . Const. P. 5988/2017 Syed Abdul Qayyum and Ors V/S Fed. of Pakistan and Ors Sindh High Court, Karachi
We are not at all impressed with the above proposal as post-retirement benefits of the petitioners, which is their unalienable fundamental right guaranteed by the Constitution, cannot be withheld or delayed on the ground of lack of funds or on any other ground whatsoever, especially when the same is their only source of income after retirement. However, before ordering attachment of the account(s) / fund(s) of the Federal Government in terms of order dated 04.02.2020, we deem it appropriate to grant last and final opportunity to the Federal Government and PSM to settle all the dues of the petitioners, subject to the condition that payments shall be made to them by the Federal Government in terms of the above-quoted statement without fail latest by 15.05.2020. It is clarified that if the commitment / assurance / undertaking mentioned in the above-quoted statement is not honoured by the Federal Government in letter and spirit, the account(s) / fund(s) of the Federal Government shall be attached forthwith for settlement of the dues of the petitioners.
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Matter:SERVICE

159 . Const. P. 5603/2018 Hassan Azhar V/S Pakistan Steel Mills Corp and Ors Sindh High Court, Karachi
We are not at all impressed with the above proposal as post-retirement benefits of the petitioners, which is their unalienable fundamental right guaranteed by the Constitution, cannot be withheld or delayed on the ground of lack of funds or on any other ground whatsoever, especially when the same is their only source of income after retirement. However, before ordering attachment of the account(s) / fund(s) of the Federal Government in terms of order dated 04.02.2020, we deem it appropriate to grant last and final opportunity to the Federal Government and PSM to settle all the dues of the petitioners, subject to the condition that payments shall be made to them by the Federal Government in terms of the above-quoted statement without fail latest by 15.05.2020. It is clarified that if the commitment / assurance / undertaking mentioned in the above-quoted statement is not honoured by the Federal Government in letter and spirit, the account(s) / fund(s) of the Federal Government shall be attached forthwith for settlement of the dues of the petitioners.
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Matter:PENSION

160 . Const. P. 4491/2017 Hidayatullah Amiri & Ors V/S Fed of Pakistan & Ors Sindh High Court, Karachi
We are not at all impressed with the above proposal as post-retirement benefits of the petitioners, which is their unalienable fundamental right guaranteed by the Constitution, cannot be withheld or delayed on the ground of lack of funds or on any other ground whatsoever, especially when the same is their only source of income after retirement. However, before ordering attachment of the account(s) / fund(s) of the Federal Government in terms of order dated 04.02.2020, we deem it appropriate to grant last and final opportunity to the Federal Government and PSM to settle all the dues of the petitioners, subject to the condition that payments shall be made to them by the Federal Government in terms of the above-quoted statement without fail latest by 15.05.2020. It is clarified that if the commitment / assurance / undertaking mentioned in the above-quoted statement is not honoured by the Federal Government in letter and spirit, the account(s) / fund(s) of the Federal Government shall be attached forthwith for settlement of the dues of the petitioners.
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Matter:FOR GRATUITY

161 . Const. P. 1132/2019 Muhammad Saeeduddin Ansari V/S Fed. of Pakistan and Others Sindh High Court, Karachi
We are not at all impressed with the above proposal as post-retirement benefits of the petitioners, which is their unalienable fundamental right guaranteed by the Constitution, cannot be withheld or delayed on the ground of lack of funds or on any other ground whatsoever, especially when the same is their only source of income after retirement. However, before ordering attachment of the account(s) / fund(s) of the Federal Government in terms of order dated 04.02.2020, we deem it appropriate to grant last and final opportunity to the Federal Government and PSM to settle all the dues of the petitioners, subject to the condition that payments shall be made to them by the Federal Government in terms of the above-quoted statement without fail latest by 15.05.2020. It is clarified that if the commitment / assurance / undertaking mentioned in the above-quoted statement is not honoured by the Federal Government in letter and spirit, the account(s) / fund(s) of the Federal Government shall be attached forthwith for settlement of the dues of the petitioners.
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Matter:SERVICE

162 . Const. P. 3203/2018 Syed Naeem ul Haq and Ors V/S CEO, Pakistan Steel and Ors Sindh High Court, Karachi
We are not at all impressed with the above proposal as post-retirement benefits of the petitioners, which is their unalienable fundamental right guaranteed by the Constitution, cannot be withheld or delayed on the ground of lack of funds or on any other ground whatsoever, especially when the same is their only source of income after retirement. However, before ordering attachment of the account(s) / fund(s) of the Federal Government in terms of order dated 04.02.2020, we deem it appropriate to grant last and final opportunity to the Federal Government and PSM to settle all the dues of the petitioners, subject to the condition that payments shall be made to them by the Federal Government in terms of the above-quoted statement without fail latest by 15.05.2020. It is clarified that if the commitment / assurance / undertaking mentioned in the above-quoted statement is not honoured by the Federal Government in letter and spirit, the account(s) / fund(s) of the Federal Government shall be attached forthwith for settlement of the dues of the petitioners.
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Matter:FOR GRATUITY

163 . Const. P. 1388/2017 Syed Umar Baqi and Ors V/S Fed. of Pakistan and ORs Sindh High Court, Karachi
Pakistan Steel Mills
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Matter:G.P FUND

164 . Suit 222/2013 ASIAN SALVAGING COMPANY V/S M/S. ENGRO POLYMER & CHEMICALS LTD & ANOTHER Sindh High Court, Karachi
Section 34 application under the Arbitration Act, 1940 allowed; Suit stayed.
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Matter:DECLARATION

165 . Const. P. 4622/2016 Imtiaz Hussain Mohsin V/S Fed of Pakistan & Others Sindh High Court, Karachi

Topic: Service matters (Contempt )

Contempt--- This petition was disposed of vide order dated 29.10.2018 with direction to the respondents to award benefit of Office Memorandum dated 11.02.1985 to the petitioner, without discrimination, within a period of two months. Respondents assailed the aforesaid order before the Hon'ble Supreme Court of Pakistan in Civil Petition No.1456-K of 2018, which was dismissed vide order dated 18.7.2019. Their review application was also dismissed vide order dated 24.12.2019. Now the respondents have complied with the order by depositing an amount of Rs.1, 208,000.00 with the Nazir of this Court and the same has been disbursed in favour of the petitioner, which factum is disclosed in the order dated 10.01.2020 passed by this Court-- In view of the facts and circumstances of the case and for the reasons alluded above, we are satisfied with the explanation offered by the alleged contemnors that compliance of the order dated 29.10.2018 passed by this Court has been made in its letter and spirit.
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Matter:SERVICE SCRUTINY

166 . M.A. 11/2014 MUHAMMAD WASEEM SHAFI V/S CHAIMAN / COMMISSIONER COMPANY LAW DIVISION Sindh High Court, Karachi
Appeal of Chartered Accountant dismissed. Penalty maintained.
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Matter:SECURITY EXCHANGE COMMISSION

167 . Judicial Companies Misc. 23/2016 Fakheem Butt V/S M/s. Industrial Waste performance (Pvt.) Ltd & oth Sindh High Court, Karachi
Rectification of Company Register allowed under Section 152 of the Companies Ordinance, 1984.
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Matter:DIRECTION

Latest Case Law (Citation)
II.A. 118/2013 M/S INTERFLEW COMMUNICATION PVT V/S AAMIR ALI S/O BAKHSH ALI Sindh High Court, Karachi
2020 CLC Note 30
Approved for Reporting
Hon'ble Mr. Justice Nazar Akbar(Author)
Suit 675/2014 M/s. Fateh Textile Mills Ltd. & Others. V/S Province of Sindh & Others. Sindh High Court, Karachi
2019 CLC 267, 2018 SBLR Sindh 1812
Approved for Reporting
Hon'ble Mr. Justice Agha Faisal(Author)
H.C.A 398/2018 Sui Southern Gas Company Limited V/S The Federation of Pakistan & others Sindh High Court, Karachi
2020 CLC 851
Hon'ble Mr. Justice Agha Faisal(Author)
H.C.A 382/2018 Sui Southern Gas Company Ltd. V/S Federation of Pakistan & others Sindh High Court, Karachi
2020 CLC 851
Hon'ble Mr. Justice Agha Faisal(Author)
Const. P. 1557/2019 International Steel Ltd & Ors V/S Fed. of Pakistan and Others Sindh High Court, Karachi
2020 CLC 851
Hon'ble Mr. Justice Agha Faisal(Author)
Const. P. 1455/2019 M/s Kamil Packaging V/S Fed. of Pakistan and Others Sindh High Court, Karachi
2020 CLC 851
Hon'ble Mr. Justice Agha Faisal(Author)
Const. P. 8740/2018 M/s Hotel Galaxy (Pvt) Ltd and Ors V/S Fed. of Pakistan and Others Sindh High Court, Karachi
2020 CLC 851
Hon'ble Mr. Justice Agha Faisal(Author)
Const. P. 8229/2018 Indus Motor Co. Ltd V/S Fed. of Pakistan and Others Sindh High Court, Karachi
2020 CLC 851
Hon'ble Mr. Justice Agha Faisal(Author)
Const. P. 8138/2018 M/s Ali Danyal Ind (Pvt) Ltd and Ors V/S Fed. of Pakistan and Others Sindh High Court, Karachi
2020 CLC 851
Hon'ble Mr. Justice Agha Faisal(Author)
Const. P. 8137/2018 M/s Stallion Textile Ltd and Ors V/S Fed. of Pakistan and Others Sindh High Court, Karachi
2020 CLC 851
Hon'ble Mr. Justice Agha Faisal(Author)
Const. P. 8132/2018 M/s Pakistan Services Ltd and Ors V/S Fed. of Pakistan and Others Sindh High Court, Karachi
2020 CLC 851
Hon'ble Mr. Justice Agha Faisal(Author)
Const. P. 8127/2018 M/s ATM Industries & Ors V/S Fed. of Pakistan and Others Sindh High Court, Karachi
2020 CLC 851
Hon'ble Mr. Justice Agha Faisal(Author)
Const. P. 8093/2018 Hilton Pharma (Pvt) Ltd V/S Fed. of Pakistan and Others Sindh High Court, Karachi
2020 CLC 851
Hon'ble Mr. Justice Agha Faisal(Author)
Const. P. 7950/2018 PharmEvo (Pvt) Ltd & Ors V/S Fed. of Pakistan and Others Sindh High Court, Karachi
2020 CLC 851
Hon'ble Mr. Justice Agha Faisal(Author)
Const. P. 7480/2018 Dr. Parshotam and Ors V/S Fed. of Pakistan and Others Sindh High Court, Karachi
2020 CLC 851
Hon'ble Mr. Justice Agha Faisal(Author)
Const. P. 7097/2018 Sindh Petroleum & CNG Dealer Assoication and Ors V/S Fed. of Pakistan and Others Sindh High Court, Karachi
2020 CLC 851
Approved for Reporting
Hon'ble Mr. Justice Agha Faisal(Author)
H.C.A 137/2019 Khalid Rehman Qureshi & another V/S Islamic Education Trust & others Sindh High Court, Karachi
2020 CLC 785
Approved for Reporting
Hon'ble Mr. Justice Agha Faisal(Author)
H.C.A 321/2018 Muhammad Hussain Qureshi V/S The Advocate General Sindh & others Sindh High Court, Karachi
2020 CLC 785
Approved for Reporting
Hon'ble Mr. Justice Agha Faisal(Author)
H.C.A 279/2018 Mrs. Afroze Shah & another V/S Advocate General of Sindh & others Sindh High Court, Karachi
2020 CLC 785
Approved for Reporting
Hon'ble Mr. Justice Agha Faisal(Author)
Const. P. 5016/2019 AKD Investments Management & Ors V/S JS Investment & Ors Sindh High Court, Karachi
2020 CLD 596
Approved for Reporting
Hon'ble Mr. Justice Agha Faisal(Author)
Const. P. 2819/2016 Faysal Bank Ltd V/S Banking Mohtasib of Pakistan and Ors Sindh High Court, Karachi
2020 CLC 822, 2020 CLD 548, 2019 SBLR Sindh 1966
Approved for Reporting
Hon'ble Mr. Justice Agha Faisal(Author)
Const. P. 7326/2018 Mst. Ayesha V/S Banking Mohtasib and Ors Sindh High Court, Karachi
2020 CLC 822, 2020 CLD 548, 2019 SBLR Sindh 1966
Approved for Reporting
Hon'ble Mr. Justice Agha Faisal(Author)
Const. P. 7326/2018 Mst. Ayesha V/S Banking Mohtasib and Ors Sindh High Court, Karachi
2020 CLC 822, 2020 CLD 548, 2019 SBLR Sindh 1966
Approved for Reporting
Hon'ble Mr. Justice Agha Faisal(Author)
Const. P. 2819/2016 Faysal Bank Ltd V/S Banking Mohtasib of Pakistan and Ors Sindh High Court, Karachi
2020 CLC 822, 2020 CLD 548, 2019 SBLR Sindh 1966
Approved for Reporting
Hon'ble Mr. Justice Agha Faisal(Author)
Const. P. 2669/2019 M/s KASB Invest (Pvt) Ltd and Ors V/S The Registrar Modaraba Co. & Ors Sindh High Court, Karachi
2020 CLD 523
Approved for Reporting
Hon'ble Mr. Justice Agha Faisal(Author)
Cr.Bail 944/2018 Shadu & another V/S The State Sindh High Court, Circuit at Hyderabad
2020 SBLR Sindh 943
Approved for Reporting
Hon'ble Mr. Justice Muhammad Iqbal Kalhoro, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author)
Service matters (statutory or non statutory rules of service)
Const. P. 1595/2017 Fazl - e - Akbar V/S Pakistan Defence Housing Authority and Ors Sindh High Court, Karachi
2020 PLC (CS) 245
Approved for Reporting
Hon'ble Mr. Justice Adnan-ul-Karim Memon
Const. P. 333/2016 Mian Syed Hussain and Ors V/S Province of Sindh and Ors Sindh High Court, Karachi
2020 NLR Note 202020, 2020 PLC (CS) 268
Approved for Reporting
Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author)
Const. P. 910/2019 Abdul Sami Memon & Others V/S Fed. of Pakistan and Others Sindh High Court, Karachi
2020 PLC Lab. 125
Approved for Reporting
Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author)
Const. P. 673/2016 Ahmed Ali Saharan V/S Province of Sindh and Ors Sindh High Court, Karachi
2020 PLC (CS) 417
Approved for Reporting
Hon'ble Mr. Justice Muhammad Shafi Siddiqui(Author), Hon'ble Mr. Justice Adnan-ul-Karim Memon
Const. P. 628/2014 Rasool Bux Shar V/S Federation of Pakistan Sindh High Court, Circuit at Hyderabad
2020 SBLR Sindh 913
Approved for Reporting
Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author)
Const. P. 3467/2017 Dr. Shaista Shoukat V/S Province of Sindh & Ors Sindh High Court, Karachi
2020 SBLR Sindh 535
Approved for Reporting
Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author)
Const. P. 5924/2017 M/s Baluchistan Wheel Ltd V/S Registrar of Industries - wise Trade NIRC & Ors Sindh High Court, Karachi
2020 SBLR Sindh 715
Approved for Reporting
Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author)
Const. P. 7941/2015 Mst. Sabiha Ilyas V/S Fed. of Pakistan and Ors Sindh High Court, Karachi
2020 PLC (CS) Note 13
Approved for Reporting
Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author)
Const. P. 2461/2019 Dr. Shahzadi Anam Fayaz Rajput V/S Province of Sindh & Others Sindh High Court, Karachi
2020 PLC (CS) Note 17
Hon'ble Mr. Justice Aziz-ur-Rehman, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author)
Const. P. 7114/2016 Asifa Jawed V/S Fed. of Pakistan and Ors Sindh High Court, Karachi
2020 PLC (CS) 326
Approved for Reporting
Hon'ble Mr. Justice Muhammad Shafi Siddiqui, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author)
Const. P. 2722/2018 Abdul Hameed Solangi and Ors V/S Govt of Sindh & Ors Sindh High Court, Karachi
2020 PLC (CS) 345
Approved for Reporting
Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author)
Const. P. 5839/2015 Arshad Noor Khan V/S Government of Sindh & others Sindh High Court, Karachi
2020 PLC (CS) 360
Approved for Reporting
Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author)
Const. P. 6770/2018 Bostan Khan Khattak V/S Fed. of Pakistan and Others Sindh High Court, Karachi
2020 PLC (CS) 392
Approved for Reporting
Hon'ble Mr. Justice Aziz-ur-Rehman, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author)
I. A 50/2018 Muhammad Farooq V/S M/s. Silk Bank Ltd. & others Sindh High Court, Karachi
2020 PLJ 25
Hon'ble Mr. Justice Agha Faisal(Author)
H.C.A 359/2018 Shahnawaz Jalil V/S Rani & Company & others Sindh High Court, Karachi
2019 CLD 1338, 2020 SBLR Sindh 412
Approved for Reporting
Hon'ble Mr. Justice Agha Faisal(Author)
Civil Revision 8/2017 Rajib Ali Abbasi V/S Federation of Pakistan and Others Sindh High Court, Circuit at Larkana
2020 SBLR Sindh 458
Hon'ble Mr. Justice Agha Faisal(Author)
Civil Procedure Code CPC
Suit 1187/2006 MRS.FOUZIA NAZIR V/S MUHAMMAD TALIB Sindh High Court, Karachi
2019 CLC 623
Approved for Reporting
Hon'ble Mr. Justice Nazar Akbar(Author)
Criminal Procedure Code Cr.P.C 1898
Criminal Miscelleneous 104/2019 SHOUKAT ALI KHATIAN & OTHERS V/S THE IST ADJ, KARACHI SOUTH & ANOTHER Sindh High Court, Karachi
2020 YLR Note 21
Approved for Reporting
Hon'ble Mr. Justice Nazar Akbar(Author)
Criminal Procedure Code Cr.P.C 1898
Cr.Acq.A. 237/2018 GHULAM MUJTABA S/O LATE ABDUL AZIZ V/S SYED HASSAN & ANOTHER Sindh High Court, Karachi
2019 MLD 1994
Approved for Reporting
Hon'ble Mr. Justice Nazar Akbar(Author)
Civil Procedure Code CPC (12(2))
Const. P. 1768/2016 Muhammad Muzammil V/S Khawaja Mukhtiar Ali & Others Sindh High Court, Karachi
2019 CLC Note 65
Approved for Reporting
Hon'ble Mr. Justice Nazar Akbar(Author)
C.P (Rent matters)
Const. P. 1575/2017 Muhammad Akram Thr. M Anwer Khan V/S Shri Mahant Baboo Lalgir Mahraj & Others Sindh High Court, Karachi
2019 CLC Note 25
Approved for Reporting
Hon'ble Mr. Justice Nazar Akbar
Civil Procedure Code CPC (Contract Act)
Suit 5/2019 Pyramid Logistics (Private) Limited V/S Azia-12 LLC & others Sindh High Court, Karachi
2019 MLD 856
Approved for Reporting
Hon'ble Mr. Justice Nazar Akbar(Author)
Bail Matters (After Arrest---497, under S.9(C))
Cr.Bail 1502/2018 AMAR AMAN S/O AMANULLAH V/S THE STATE Sindh High Court, Karachi
2019 YLR Note 68
Approved for Reporting
Hon'ble Mr. Justice Nazar Akbar
Sind Rented Premises Act - Eviction---15
Const. P. 1216/2018 Mst. Farzana Javed V/S Mst. Nighat Sultana & others Sindh High Court, Karachi
2019 CLC 687
Approved for Reporting
Hon'ble Mr. Justice Nazar Akbar
C.P (Rent matters) (SRPO, 1979)
Const. P. 631/2010 Shamim Begum V/S Azizul Hasan Khan & Ors Sindh High Court, Karachi
2019 CLC 1557
Approved for Reporting
Hon'ble Mr. Justice Nazar Akbar(Author)
Civil Procedure Code CPC (Declaration and possession )
Civil Revision 142/2010 Qamaruddin V/S Imdad Hussain Sindh High Court, Karachi
2019 YLR 498
Approved for Reporting
Hon'ble Mr. Justice Nazar Akbar(Author)
Order Vii, Rule 11 C.P.C
R.A (Civil Revision) 82/2018 Arthur Lawerance Private Limited V/S M/S Actlaw (The Legal Consortium) Sindh High Court, Karachi
2020 PLD Sindh 129
Approved for Reporting
Hon'ble Mr. Justice Nazar Akbar(Author)
Registered Design Ordinance, 2000 (Section 11(2) Registered Design Ordinance, 2000)
M.A. 56/2008 Rajee (Pvt) Limited V/S The Registrar of Designs & Another Sindh High Court, Karachi
2019 CLD 458
Approved for Reporting
Hon'ble Mr. Justice Nazar Akbar(Author)
Succession Act
M.A. 25/2014 Mst. Neelam Ashfaq V/S Ghulam Hussain Sindh High Court, Karachi
2019 PLD Sindh 247
Approved for Reporting
Hon'ble Mr. Justice Nazar Akbar(Author)
Bail Matters ( under Section 498 Cr.P.C r/w Section 561-A Cr.P.C), Criminal Procedure Code Cr.P.C 1898
Cr.Bail 1141/2019 Kashif Dars S/o Muhammad Usman Dars V/S The State Sindh High Court, Karachi
2020 PCr.LJ 259
Approved for Reporting
Hon'ble Mr. Justice Nazar Akbar
Illegal Dispossession Act, 2005 (Section 8), Criminal Procedure Code Cr.P.C 1898 (Sub-section 4 of Section 403)
Cr.Acq.A. 89/2015 SYED MUHAMMAD AHSAN V/S MUNAWAR ALI NAQVI & ORS Sindh High Court, Karachi
2020 YLR Sindh 1
Approved for Reporting
Hon'ble Mr. Justice Nazar Akbar(Author)
Criminal Procedure Code Cr.P.C 1898
Cr.Rev 192/2017 MOHSIN ABBASS S/O ABDUL REHMAN S V/S QADIR KHAN MANDOKHAIL & ORS Sindh High Court, Karachi
2020 PLD Sindh 94
Approved for Reporting
Hon'ble Mr. Justice Nazar Akbar(Author)
Const. P. 8172/2017 E-Movers (Pvt.) Limited V/S Fed. of Pakistan and Others Sindh High Court, Karachi
2020 CLC 410
Approved for Reporting
Hon'ble Mr. Justice Agha Faisal(Author)
Const. P. 7687/2017 AssetLink Asia (Pvt) Ltd V/S Fed. of Pakistan and Ors Sindh High Court, Karachi
2020 CLC 410
Approved for Reporting
Hon'ble Mr. Justice Agha Faisal(Author)
I. A 109/2018 Muhammad Jawed V/S First Women Bank Ltd. & others Sindh High Court, Karachi
2020 CLD 254
Approved for Reporting
Hon'ble Mr. Justice Muhammad Ali Mazhar, Hon'ble Mr. Justice Agha Faisal(Author)
Const. P. 1595/2018 Ramsha Durrani and Ors V/S P.M.D.C and Ors Sindh High Court, Karachi
2020 PLD Sindh 88
Hon'ble Mr. Justice Agha Faisal(Author)
Const. P. 563/2018 Zoya Gul V/S PMDC & Ors Sindh High Court, Karachi
2020 PLD Sindh 88
Hon'ble Mr. Justice Agha Faisal(Author)
Const. P. 79/2018 Fatima Ahmed and Ors V/S P.M.D.C and Ors Sindh High Court, Karachi
2020 PLD Sindh 88
Hon'ble Mr. Justice Agha Faisal(Author)
Const. P. 6967/2017 Talha Nasir and Ors V/S P.M.D.C and Ors Sindh High Court, Karachi
2020 PLD Sindh 88
Approved for Reporting
Hon'ble Mr. Justice Agha Faisal(Author)
Const. P. 7534/2017 Shazia Jamali V/S P.M.D.C and Ors Sindh High Court, Karachi
2020 PLD Sindh 88
Hon'ble Mr. Justice Agha Faisal(Author)
Const. P. 507/2019 D.U.H.S & Ors V/S Fed. of Pakistan and Others\ Sindh High Court, Karachi
2020 MLD 357
Approved for Reporting
Hon'ble Mr. Justice Agha Faisal(Author)
Const. P. 493/2018 Umaid Ali V/S Election Commission and Ors Sindh High Court, Karachi
2020 CLC 344
Approved for Reporting
Hon'ble Mr. Justice Agha Faisal(Author)
Const. P. 8624/2018 Ghulam Nabi Othi and Others V/S Province of Sindh & Others Sindh High Court, Karachi
2020 CLC 232
Hon'ble Mr. Justice Agha Faisal(Author)
Const. P. 8592/2018 Al-Noor Sugar Mills Ltd and Ors V/S Province of Sindh & Others Sindh High Court, Karachi
2020 CLC 232
Approved for Reporting
Hon'ble Mr. Justice Agha Faisal(Author)
Const. P. 8591/2018 Mirpurkhas Sugar Mills Ltd and Ors V/S Province of Sindh & Others Sindh High Court, Karachi
2020 CLC 232
Approved for Reporting
Hon'ble Mr. Justice Agha Faisal(Author)
Const. P. 7369/2015 M/s Sindh Club V/S Nazar Hussain and Ors Sindh High Court, Karachi
2019 PLC Lab. 19
Approved for Reporting
Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author)
Const. P. 5083/2013 Abdul Rehman V/S THe Chairman P.N.S.C and Ors Sindh High Court, Karachi
2020 PLC (CS) Note 3
Approved for Reporting
Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author)
Const. P. 5861/2018 Abdul Latif Mughal V/S Govt. of Sindh & Others Sindh High Court, Karachi
2020 PLC (CS) Note 9
Approved for Reporting
Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author)
Const. P. 7370/2015 M/S SINDH CLUB V/S MUHAMMAD MISKEEN & OTHERS Sindh High Court, Karachi
2019 PLC Lab. 19
Approved for Reporting
Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author)
WAPDA CASES
Const. P. 1589/2013 Kaleemullah V/S C.E.O HESCO and others Sindh High Court, Circuit at Hyderabad
2020 SBLR Sindh 365
Approved for Reporting
Hon'ble Mr. Justice Nadeem Akhtar, Hon'ble Mr. Justice Adnan-ul-Karim Memon
Const. P. 5773/2016 Muhammad Irfan Khan V/S Fed. of Pakistan and Ors Sindh High Court, Karachi
2020 SCMR 98
Approved for Reporting
Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author)
Const. P. 571/2016 Muhammad Mateen Khan V/S Fed. of Pakistan and Ors Sindh High Court, Karachi
2020 PLC (CS) 1
Approved for Reporting
Hon'ble Mr. Justice Adnan-ul-Karim Memon
Const. P. 562/2012 Nabeela Ashfaq V/S Federation of Pakistan Sindh High Court, Karachi
2020 PLC (CS) 24
Approved for Reporting
Hon'ble Mr. Justice Adnan-ul-Karim Memon
Const. P. 3387/2018 Abdul Qayoom Solangi V/S Province of Sindh and Ors Sindh High Court, Karachi
2020 PLC (CS) 50
Approved for Reporting
Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author)
Const. P. 2831/2015 Nazia Khan V/S Province of Sindh and Ors Sindh High Court, Karachi
2020 PLC (CS) 101
Approved for Reporting
Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author)
I. A 7/2017 United Bank Limited V/S Ghulam Rafiq Sindh High Court, Karachi
2020 CLD 129
Approved for Reporting
Hon'ble Mr. Justice Agha Faisal(Author)
Const. P. 8542/2018 Sukkur Beverages (Pvt) Ltd V/S Fed. of Pakistan and Others Sindh High Court, Karachi
2020 CLD 110
Approved for Reporting
Hon'ble Mr. Justice Agha Faisal(Author)
Const. P. 882/2019 M/s Mediflow Pharmaceuticals (Pvt) Ltd V/S Province of Sindh & Others Sindh High Court, Karachi
2020 MLD 185
Approved for Reporting
Hon'ble Mr. Justice Agha Faisal(Author)
Const. P. 881/2019 Otsuka Pakistan Ltd V/S Province of Sindh & Others Sindh High Court, Karachi
2020 MLD 185
Approved for Reporting
Hon'ble Mr. Justice Agha Faisal(Author)
Const. P. 8726/2018 Riaz Ahmed V/S NED University of Engineering & Tech & Ors Sindh High Court, Karachi
2020 MLD 114
Approved for Reporting
Hon'ble Mr. Justice Agha Faisal(Author)
Const. P. 1264/2018 Master Motor Corp. (Pvt) Ltd V/S Fed. of Pakistan and Others Sindh High Court, Karachi
2020 CLC 117, 2019 SBLR Sindh 709
Approved for Reporting
Hon'ble Mr. Justice Agha Faisal(Author)
Const. P. 3552/2017 Master Motor Corp. (Pvt) Ltd V/S Fed. of Pakistan and Ors Sindh High Court, Karachi
2020 CLC 117, 2019 SBLR Sindh 709
Approved for Reporting
Hon'ble Mr. Justice Agha Faisal(Author)
Const. P. 1412/2015 Sajjad Hussain and Ors V/S Province of Sindh and Ors Sindh High Court, Karachi
2020 SBLR Sindh 156
Approved for Reporting
Hon'ble Mr. Justice Agha Faisal(Author)
Service matters (Contempt ), Service matters (Regularisation of Employee)
Const. P. 688/2010 Rehmatullah and others V/S Prov. of Sindh and others Sindh High Court, Karachi
2019 PLC (CS) Note 53
Hon'ble Mr. Justice Adnan-ul-Karim Memon
Service matters (Bar of Jurisdiction )
Const. P. 846/2015 CDR (R) Mansoob Ali Khan V/S Fed. Of Pakistan and ors Sindh High Court, Karachi
2019 CLC 1444
Approved for Reporting
Hon'ble Mr. Justice Aziz-ur-Rehman, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author)
Service matters (Bar of Jurisdiction )
Const. P. 4997/2017 Muhammad Azam Channa V/S Province of Sindh and Ors Sindh High Court, Karachi
2019 PLC (CS) 1533
Approved for Reporting
Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author)
Service matters (transfer and posting)
Const. P. 2508/2018 Aftab Muhammad Khan V/S Fed. of Pakistan and Others Sindh High Court, Karachi
2019 PLC (CS) 1483
Approved for Reporting
Hon'ble Mr. Justice Adnan-ul-Karim Memon
Service matters (Contract employee)
Const. P. 1001/2016 Ahsanullah Lakho V/S Province of Sindh and Others Sindh High Court, Karachi
2019 PLC (CS) Note 51
Approved for Reporting
Hon'ble Mr. Justice Adnan-ul-Karim Memon
Service matters (Suspension )
Const. P. 2074/2017 Nabi Bux Jamali V/S Fed. of Pakistan and Ors Sindh High Court, Karachi
2019 PLC (CS) Note 49
Approved for Reporting
Hon'ble Mr. Justice Adnan-ul-Karim Memon
Service matters (Date of Birth )
Const. P. 6548/2016 Bibi Hajra V/S The Trustees of the Port of Karachi & Ors Sindh High Court, Karachi
2019 PLC Lab. 233
Approved for Reporting
Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author)
Service matters (Contempt )
Const. P. 649/2013 Mst. Sahib Khatoon V/S Province of Sindh & others Sindh High Court, Circuit at Hyderabad
2019 PLC (CS) 1408
Approved for Reporting
Hon'ble Mr. Justice Muhammad Iqbal Kalhoro, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author)
Const. P. 6251/2016 Shaikh Muhammad Suleman V/S Pakistan Telecommunication Company Limited & another Sindh High Court, Karachi
2019 SBLR Sindh 418, 2019 PLC (CS) 1381
Approved for Reporting
Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author)
Service matters (Shaheed compensation)
Const. P. 3238/2013 Ghulam Ali Gopang V/S Province of Sindh and Ors Sindh High Court, Karachi
2019 PLC (CS) 1354
Approved for Reporting
Hon'ble Mr. Justice Adnan-ul-Karim Memon
Service matters (Upgradation)
Const. P. 608/2015 Sajjad Hussain And ors V/S Fed. Of Pakistan and ors Sindh High Court, Karachi
2019 PLC (CS) 1324
Approved for Reporting
Hon'ble Mr. Justice Adnan-ul-Karim Memon
Service matters (Removal from Service)
Const. P. 4652/2013 Salman Sabir V/S M/s Pakistan Steel and Ors Sindh High Court, Karachi
2019 PLC (CS) Note 46
Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author)
Service matters (Bar of Jurisdiction )
Const. P. 994/2014 Arshad Ali V/S D.G CHO, Rawalpindi and ors Sindh High Court, Karachi
2019 PLC (CS) Note 44
Approved for Reporting
Hon'ble Mr. Justice Adnan-ul-Karim Memon
Service matters (Salary)
Const. P. 5262/2013 M/s Inland Textile Mills Ltd V/S Mehdi Khan and Ors Sindh High Court, Karachi
2019 PLC Lab. 182
Approved for Reporting
Hon'ble Mr. Justice Adnan-ul-Karim Memon
Service matters (Regularisation of Employee)
Const. P. 4930/2015 Musheer Ahmed and Ors V/S Province of Sindh and Ors Sindh High Court, Karachi
2019 PLC (CS) 1278
Approved for Reporting
Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author)
Service matters (Appointment)
Const. P. 3472/2012 M. Afzal Kausar V/S Federation of Pakistan & Others Sindh High Court, Karachi
2019 PLC (CS) 1258
Approved for Reporting
Hon'ble Mr. Justice Adnan-ul-Karim Memon
Service matters (Section 3 of Sindh Regularization Act, )
Const. P. 2598/2016 Rashid Ali Memon V/S Chief Sect: and Ors Sindh High Court, Karachi
2019 PLC (CS) 1245
Approved for Reporting
Hon'ble Mr. Justice Adnan-ul-Karim Memon
Service matters (Out of turn promotion)
Const. P. 6666/2016 Majid Anwar Seehar V/S Province of Sindh and others Sindh High Court, Karachi
2019 PLC (CS) Note 40
Approved for Reporting
Hon'ble Mr. Justice Adnan-ul-Karim Memon
Service matters (Cost of Living Allowance (CLA) )
Const. P. 3491/2013 Lal Badshah And Ors V/S Chairman K.P.T And Ors. Sindh High Court, Karachi
2019 PLC (CS) 1231
Approved for Reporting
Hon'ble Mr. Justice Adnan-ul-Karim Memon
Service matters (Repatriation)
Const. P. 1389/2016 Anwar Ali V/S Province of Sindh and Ors Sindh High Court, Karachi
2019 PLC (CS) 1217
Approved for Reporting
Hon'ble Mr. Justice Adnan-ul-Karim Memon
Service matters (Promotion)
Const. P. 4132/2017 Shahnawaz Khatri V/S Province of Sindh and others Sindh High Court, Karachi
2019 PLC (CS) 1209
Approved for Reporting
Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author)
Service matters (Dismissal-Termination)
Const. P. 4377/2012 Dr. Itrat Malik V/S State Life Insurance Co-opration & ors Sindh High Court, Karachi
2019 SBLR Sindh 1861
Approved for Reporting
Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author)
Service matters (statutory or non statutory rules of service)
Const. P. 4268/2018 Ghulam Rabbani V/S Governor, State Bank of Pakistan and Ors Sindh High Court, Karachi
2019 SBLR Sindh 1817
Approved for Reporting
Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author)
Service matters (Promotion)
Const. P. 544/2013 Ali Zahir Jafri V/S Chairman Federal Board of Revenue and Ors Sindh High Court, Karachi
2019 PTD 1765
Approved for Reporting
Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author)
H.C.A (Maintainability of the Suit)
H.C.A 317/2018 Mussawar Ali V/S Province of Sindh & others Sindh High Court, Karachi
2019 CLC 1670
Approved for Reporting
Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author)
Service matters (Pension matters)
Const. P. 4177/2016 Parveen Shoukat V/S Province of Sindh & Ors Sindh High Court, Karachi
2019 PLD SC 710, 2018 PLC (CS) Note 118
Approved for Reporting
Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author)
Service matters (Pension matters)
Const. P. 5798/2014 Anwery Begum V/S Fed. of Pakistan and Ors Sindh High Court, Karachi
2019 PLC (CS) 572
Approved for Reporting
Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author)
Service matters (Back benefits)
Const. P. 1842/2015 Irshad Ahmed V/S Chairman Port Qasim Authority and Ors Sindh High Court, Karachi
2019 PLC (CS) 557
Approved for Reporting
Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author)
Service matters (Reinstatement into service)
Const. P. 7908/2015 Shankar Lal V/S Fed. of Pakistan and Ors Sindh High Court, Karachi
2019 PLC (CS) 1196
Hon'ble Mr. Justice Adnan-ul-Karim Memon
Service matters (transfer and posting)
Const. P. 635/2018 M/S Gerry V/S Learned Member NIRC & Ors Sindh High Court, Karachi
2019 PLC Lab. 63
Approved for Reporting
Hon'ble Mr. Justice Adnan-ul-Karim Memon
Service matters (Promotion), Service matters (Seniority)
Const. P. 2268/2017 Attaullah Khan Chandio V/S Fed. of Pakistan and Ors Sindh High Court, Karachi
2019 PLC (CS) 1157
Approved for Reporting
Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author)
Service matters (Contract employee)
Const. P. 6911/2017 Imtiaz Ahmed Barakzai V/S Federal Tax Ombudsman and Ors Sindh High Court, Karachi
2019 PLC (CS) 1145
Approved for Reporting
Hon'ble Mr. Justice Adnan-ul-Karim Memon
Service matters (transfer and posting)
Const. P. 1610/2018 Syed Ghulam Abbas Shah V/S Province of Sindh and Others Sindh High Court, Karachi
2019 PLC (CS) 1114
Approved for Reporting
Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author)
Service matters (Pension matters)
Const. P. 3415/2017 Dr. Uzma Shaheen Pirzada V/S Province of Sindh & Ors Sindh High Court, Karachi
2019 PLC (CS) 1100
Approved for Reporting
Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author)
Service matters (Promotion)
Const. P. 253/2015 Faraz Sherwani and ors V/S Fed. Of Pakistan and ors Sindh High Court, Karachi
2019 PLC (CS) 1084
Approved for Reporting
Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author)
Service matters (Promotion)
Const. P. 4257/2016 Ahsan Ali Shah and Ors V/S Province of Sindh and Ors Sindh High Court, Karachi
2019 PLC (CS) 1050
Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author)
H.C.A (reinstatement in service)
H.C.A 239/2016 Allah Dino Khaskheli V/S Zakir Mehmood & others Sindh High Court, Karachi
2019 PLC (CS) 999
Approved for Reporting
Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author)
Service matters (Appointment)
Const. P. 1929/2014 Sikandar Ali Shah and Ors V/S Province of Sindh and Ors Sindh High Court, Karachi
2019 PLC (CS) 962
Approved for Reporting
Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author)
Service matters (Dismissal-Termination)
Const. P. 4942/2017 Muhammad Ayub Alvi V/S Admin Incharge P.C.S.I & Ors Sindh High Court, Karachi
2019 PLC (CS) 917
Hon'ble Mr. Justice Adnan-ul-Karim Memon
Service matters (Reinstatement into service)
Const. P. 3408/2013 Zafar Iqbal Zahid and Ors V/S Fed. of Pakistan and ors Sindh High Court, Karachi
2019 PLC (CS) 882
Approved for Reporting
Hon'ble Mr. Justice Adnan-ul-Karim Memon
Service matters (Medical facilities )
Const. P. 631/2018 Shah Abul Hassan V/S Fed of Pakistan & Ors Sindh High Court, Karachi
2019 PLC (CS) 839
Approved for Reporting
Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author)
Service matters (Deceased quota)
Const. P. 5307/2015 Mst. Nazima Khatoon V/S Province of Sindh and Ors Sindh High Court, Karachi
2019 PLC (CS) 817
Approved for Reporting
Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author)
Service matters (Dismissal-Termination)
Const. P. 2377/2017 Atif Hussain V/S Sect: Ministry of Textile Ind. and Ors Sindh High Court, Karachi
2019 PLC (CS) 791
Approved for Reporting
Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author)
Service matters (Seniority)
Const. P. 8265/2017 Majid Akhtar V/S Province of Sindh and Ors Sindh High Court, Karachi
2019 PLC (CS) 771
Approved for Reporting
Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author)
Service matters (Back benefits)
Const. P. 2520/2014 Syed Faisal Ali and ors V/S Fed. Of Pakistan and ors Sindh High Court, Karachi
2019 PLC (CS) 751
Approved for Reporting
Hon'ble Mr. Justice Adnan-ul-Karim Memon
Service matters (Date of Birth )
Const. P. 615/2017 Rana Muhammad Rasheed V/S SLAT and Ors Sindh High Court, Karachi
2019 PLC Lab. 115
Approved for Reporting
Hon'ble Mr. Justice Adnan-ul-Karim Memon
Service matters (Compensation)
Const. P. 1885/2015 M/s CIM Shipping Inc V/S Tousif Ahmed and Ors Sindh High Court, Karachi
2019 PLC Lab. 121
Approved for Reporting
Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author)
Service matters (Reinstatement into service)
Const. P. 78/2017 Oil Industries Pakistan (Pvt) Ltd V/S Ghulam Fareed Bhatti and Ors Sindh High Court, Karachi
2019 PLC Lab. 140
Approved for Reporting
Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author)
Service matters (Contract employee)
Const. P. 6555/2016 Maj (R) Syed Muhammad Tanveer Abbas V/S Federation of Pakistan & Ors Sindh High Court, Karachi
2019 SCMR 984
Approved for Reporting
Hon'ble Mr. Justice Adnan-ul-Karim Memon
Service matters (Back benefits), Service matters (Promotion)
Const. P. 634/2013 M. Iqbal V/S Chairman NAB and Ors Sindh High Court, Karachi
2019 PLC (CS) Note 25
Approved for Reporting
Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author)
Service matters (Mid Career Management Course )
Const. P. 8306/2017 Mushtaq Ahmed Shaikh V/S Fed. of Pakistan and Ors Sindh High Court, Karachi
2019 PLC (CS) Note 20
Approved for Reporting
Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author)
Service matters (Appointment)
Const. P. 1377/2014 Akmal Hussain V/S Secretary Establishment Government of Pakistan and others Sindh High Court, Karachi
2018 SBLR Sindh 128, 2019 PLC (CS) 2013
Approved for Reporting
Hon'ble Mr. Justice Adnan-ul-Karim Memon
C.P (Rent matters) (Order 1 Rule 10 CPC)
Const. P. 1144/2017 Amir S/o Abdul Zahoor V/S Nasir Ahmed & Others Sindh High Court, Karachi
2019 CLC 85
Approved for Reporting
Hon'ble Mr. Justice Adnan-ul-Karim Memon
Service matters (Promotion)
Const. P. 2288/2016 Ms. Azra Muqeem V/S KMC & Ors Sindh High Court, Karachi
2019 PLC (CS) Note 2
Approved for Reporting
Hon'ble Mr. Justice Adnan-ul-Karim Memon
Service matters (Appointment)
Const. P. 6221/2015 Rab Nawaz V/S Province of Sindh and Ors Sindh High Court, Karachi
2019 PLC (CS) Note 5
Approved for Reporting
Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author)
Service matters (Reinstatement into service)
Const. P. 4053/2016 Syed Maqbool Hussain Zaidi V/S Fed. of Pakistan and Ors Sindh High Court, Karachi
2019 PLC (CS) Note 14
Approved for Reporting
Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author)
Service matters (Regularisation of Employee)
Const. P. 3759/2017 Kamran Ahmed Mallah V/S Fed. of Pakistan and Ors Sindh High Court, Karachi
2019 PLC (CS) Note 41
Approved for Reporting
Hon'ble Mr. Justice Adnan-ul-Karim Memon
Const. P. 1355/2019 The Searle Co. Ltd V/S Fed. of Pakistan and Others Sindh High Court, Karachi
2019 MLD 1849
Hon'ble Mr. Justice Agha Faisal(Author)
Const. P. 1354/2019 Hakimsons (Impex) Pvt Ltd V/S Fed. of Pakistan and Others Sindh High Court, Karachi
2019 MLD 1849
Hon'ble Mr. Justice Agha Faisal(Author)
Const. P. 1185/2019 Martin Dow Market (Pvt) Ltd V/S Fed. of Pakistan and Others Sindh High Court, Karachi
2019 MLD 1849
Hon'ble Mr. Justice Agha Faisal(Author)
Const. P. 940/2019 M/s Epla Laboratories (Pvt) Ltd V/S Fed. of Pakistan and Others Sindh High Court, Karachi
2019 MLD 1849
Hon'ble Mr. Justice Agha Faisal(Author)
Const. P. 695/2019 Martin Dow Ltd V/S Fed. of Pakistan and Others Sindh High Court, Karachi
2019 MLD 1849
Hon'ble Mr. Justice Agha Faisal(Author)
Const. P. 939/2019 M/s Tabros Pharma (Pvt) Ltd V/S Fed. of Pakistan and Others Sindh High Court, Karachi
2019 MLD 1849
Hon'ble Mr. Justice Agha Faisal(Author)
Const. P. 917/2019 M/s Indus Pharma (Pvt) Ltd V/S Fed. of Pakistan and Others Sindh High Court, Karachi
2019 MLD 1849
Hon'ble Mr. Justice Agha Faisal(Author)
Const. P. 401/2019 M/s Barrett Hodgson Pak (Pvt) Ltd V/S Fed. of Pakistan and Others Sindh High Court, Karachi
2019 MLD 1849
Hon'ble Mr. Justice Agha Faisal(Author)
Const. P. 400/2019 M/s OBS Pakistan Pvt Ltd V/S Fed. of Pakistan and Others Sindh High Court, Karachi
2019 MLD 1849
Hon'ble Mr. Justice Agha Faisal(Author)
Const. P. 399/2019 Sanofi Aventis Pak Ltd V/S Fed. of Pakistan and Others Sindh High Court, Karachi
2019 MLD 1849
Hon'ble Mr. Justice Agha Faisal(Author)
H.C.A 87/2013 United Mobile & Others V/S Abdul Rauf Essa & another Sindh High Court, Karachi
2019 CLC 1979, 2019 CLD 1267
Approved for Reporting
Hon'ble Mr. Justice Agha Faisal(Author)
H.C.A 86/2013 United Mobile and Others V/S Abdul Rauf Essa and another Sindh High Court, Karachi
2019 CLC 1979, 2019 CLD 1267
Approved for Reporting
Hon'ble Mr. Justice Agha Faisal(Author)
H.C.A 359/2018 Shahnawaz Jalil V/S Rani & Company & others Sindh High Court, Karachi
2019 CLD 1338, 2020 SBLR Sindh 412
Approved for Reporting
Hon'ble Mr. Justice Agha Faisal(Author)
H.C.A 87/2013 United Mobile & Others V/S Abdul Rauf Essa & another Sindh High Court, Karachi
2019 CLC 1979, 2019 CLD 1267
Approved for Reporting
Hon'ble Mr. Justice Agha Faisal(Author)
H.C.A 86/2013 United Mobile and Others V/S Abdul Rauf Essa and another Sindh High Court, Karachi
2019 CLC 1979, 2019 CLD 1267
Approved for Reporting
Hon'ble Mr. Justice Agha Faisal(Author)
Const. P. 2762/2011 Ahmed Jamil Ansari V/S Govt. of Sindh and ors Sindh High Court, Karachi
2019 CLC 2077
Hon'ble Mr. Justice Agha Faisal(Author)
Const. P. 408/2011 Saleem Shehzada V/S Province of Sindh & Ors. Sindh High Court, Karachi
2019 CLC 2077
Approved for Reporting
Hon'ble Mr. Justice Agha Faisal(Author)
Const. P. 4479/2018 M/s Universal Brothers (Pvt) Ltd V/S Fed. of Pakistan and Others Sindh High Court, Karachi
2019 YLR 2561, 2019 SBLR Sindh 2158
Approved for Reporting
Hon'ble Mr. Justice Agha Faisal(Author)
Const. P. 5998/2019 Hassan Raza V/S Province of Sindh & Others Sindh High Court, Karachi
2019 SBLR Sindh 2348
Approved for Reporting
Hon'ble Mr. Justice Agha Faisal(Author)
I. A 221/2017 Khurram Shehzad V/S United Bank Ltd. Sindh High Court, Karachi
2019 CLD 1205
Approved for Reporting
Hon'ble Mr. Justice Agha Faisal(Author)
Const. P. 1257/2017 Abdul Qadeer Khan Durrani V/S State Bank of Pakistan and Ors Sindh High Court, Karachi
2019 CLD 1228
Approved for Reporting
Hon'ble Mr. Justice Agha Faisal(Author)
Const. P. 2011/2018 Energy Solution (Pvt) Ltd V/S The President of Pakistan and Ors Sindh High Court, Karachi
2019 CLC 1639, 2019 CLD 1194
Approved for Reporting
Hon'ble Mr. Justice Agha Faisal(Author)
Const. P. 398/2019 Pfizer Pakistan Pvt Ltd V/S Fed. of Pakistan and Others Sindh High Court, Karachi
2019 MLD 1849
Approved for Reporting
Hon'ble Mr. Justice Agha Faisal(Author)
Civil Revision 59/2016 Dr. Bhagwandas & Others V/S Mashooq Ali Jatoi & Others Sindh High Court, Circuit at Larkana
2019 CLC Note 58
Approved for Reporting
Hon'ble Mr. Justice Agha Faisal(Author)
Const. P. 4479/2018 M/s Universal Brothers (Pvt) Ltd V/S Fed. of Pakistan and Others Sindh High Court, Karachi
2019 YLR 2561, 2019 SBLR Sindh 2158
Approved for Reporting
Hon'ble Mr. Justice Agha Faisal(Author)
LIMITATION (Limitation Act 1908)
I. A 82/2018 Mrs. Asma Hassan & another V/S Askari Bank Limited Sindh High Court, Karachi
2019 SBLR Sindh 2030
Approved for Reporting
Hon'ble Mr. Justice Agha Faisal(Author)
Const. P. 7326/2018 Mst. Ayesha V/S Banking Mohtasib and Ors Sindh High Court, Karachi
2020 CLC 822, 2020 CLD 548, 2019 SBLR Sindh 1966
Approved for Reporting
Hon'ble Mr. Justice Agha Faisal(Author)
Const. P. 2819/2016 Faysal Bank Ltd V/S Banking Mohtasib of Pakistan and Ors Sindh High Court, Karachi
2020 CLC 822, 2020 CLD 548, 2019 SBLR Sindh 1966
Approved for Reporting
Hon'ble Mr. Justice Agha Faisal(Author)
I. A 74/2018 Intekhab Hussain Shah V/S National Bank of Pakistan Sindh High Court, Karachi
2019 CLD 1021
Approved for Reporting
Hon'ble Mr. Justice Agha Faisal(Author)
Const. P. 2011/2018 Energy Solution (Pvt) Ltd V/S The President of Pakistan and Ors Sindh High Court, Karachi
2019 CLC 1639, 2019 CLD 1194
Approved for Reporting
Hon'ble Mr. Justice Agha Faisal(Author)
Const. P. 1554/2016 M/s.East West Insurance Co V/S Fed Insurance Ombudsman & another Sindh High Court, Karachi
2019 PLD Sindh 557, 2019 CLD 993
Approved for Reporting
Hon'ble Mr. Justice Agha Faisal(Author)
Const. P. 1554/2016 M/s.East West Insurance Co V/S Fed Insurance Ombudsman & another Sindh High Court, Karachi
2019 PLD Sindh 557, 2019 CLD 993
Approved for Reporting
Hon'ble Mr. Justice Agha Faisal(Author)
Const. P. 2165/2012 M/s. Naushero Feroz-I CNG Station V/S Federation of Pakistan & others Sindh High Court, Karachi
2019 YLR 2198, 2019 SBLR 346
Approved for Reporting
Hon'ble Mr. Justice Muhammad Ali Mazhar, Hon'ble Mr. Justice Agha Faisal(Author)
Civil Procedure Code CPC (Order XXI Rule 89& 26 CPC)
Civil Revision 70/2016 Syed Abdul Ahad V/S Abdul Shakoor and others Sindh High Court, Karachi
2019 CLC 146
Approved for Reporting
Hon'ble Mr. Justice Nazar Akbar
Election Appeal 8/2016 Haji Arz Mohammad Brohi V/S Election Commission of Pakistan & Others Sindh High Court, Circuit at Larkana
2019 YLR 2098
Approved for Reporting
Hon'ble Mr. Justice Agha Faisal(Author)
Election Appeal 1/2017 Fahad Ali V/S D.R.O. Sanghar and others Sindh High Court, Circuit at Hyderabad
2019 CLC 1496
Approved for Reporting
Hon'ble Mr. Justice Agha Faisal(Author)
Const. P. 1057/2018 Board of Secondary Education V/S Provincial Ombudsman Sindh & Ors Sindh High Court, Karachi
2019 CLC 1531
Approved for Reporting
Hon'ble Mr. Justice Agha Faisal(Author)
I. A 16/2014 Syed Najamuddin Hussain & another V/S Askari Bank Limited Sindh High Court, Karachi
2019 CLD 901
Approved for Reporting
Hon'ble Mr. Justice Agha Faisal(Author)
I. A 14/2015 Nazli Hilal Rizvi V/S Bank Al-Falah Ltd. & others Sindh High Court, Karachi
2019 CLD 808
Approved for Reporting
Hon'ble Mr. Justice Muhammad Ali Mazhar, Hon'ble Mr. Justice Agha Faisal(Author)
Const. P. 3355/2018 Jehanzeb and Others V/S Fed. of Pakistan and Others Sindh High Court, Karachi
2019 PTD 1702
Approved for Reporting
Hon'ble Mr. Justice Agha Faisal(Author)
Const. P. 3354/2018 Khitab Khan and Others V/S Fed. of Pakistan and Others Sindh High Court, Karachi
2019 PTD 1702
Approved for Reporting
Hon'ble Mr. Justice Agha Faisal(Author)
Const. P. 3353/2018 Ikramullah and Ors V/S Fed. of Pakistan and Others Sindh High Court, Karachi
2019 PTD 1702
Approved for Reporting
Hon'ble Mr. Justice Agha Faisal(Author)
Civil Tran 28/2016 Rashid V/S Mst. Farah Naz Sindh High Court, Circuit at Hyderabad
2019 CLC 1384
Hon'ble Mr. Justice Agha Faisal
I. A 1