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 . 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

2 . 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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3 . 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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4 . II.A. 49/2013 MUHAMMAD ASHRAF V/S ASLAM PARVAIZ & OTHERS Sindh High Court, Karachi [SHC Citation: 2019- SHC-KHI - 145418 ]
Appeal allowed with costs throughout.
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Matter:AGAINST THE JUDGEMENT

5 . Const. P. 678/2004 Mst. Zulekha Khanum V/S Pervaiz Akhter & 2 Ors Sindh High Court, Karachi
The petition is allowed with no order as to costs by directing respondent No.1 to hand over vacant and peaceful possession of the demised premises to the petitioner within thirty (30) days.
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Matter:FAMILY MATTER

6 . Const. P. 3757/2013 Yaqoob Ahmed V/S Fed. of Pakistan and Ors Sindh High Court, Karachi [SHC Citation: 2020- SHC-KHI - 145428 ]
Matter:TAX MATTER

7 . 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

8 . 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

9 . 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 ]
Matter:QUO WARRANTO

10 . 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

11 . 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

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

13 . Const. P. 5009/2019 Sheikh Muhammad Ashgar V/S Chairman NAB & Ors Sindh High Court, Karachi [SHC Citation: 2020- SHC-KHI - 145257 ]
Matter:BAIL

14 . 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

15 . 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

16 . Criminal Appeal 276/2011 Faheem Arshadullah V/S The State Sindh High Court, Karachi [SHC Citation: 2020- SHC-KHI - 145259 ]
Matter:IMPRISONMENT ABOVE 7 YEARS

17 . Criminal Appeal 239/2011 SYED IMRAN AHMED S/O SYED RIAZ AHMED SABIR V/S The State Sindh High Court, Karachi [SHC Citation: 2020- SHC-KHI - 145258 ]
Matter:IMPRISONMENT UPTO 7 YEARS

18 . 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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19 . 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

20 . Const. P. 4867/2013 Qasim International Container Terminal V/S Fed. of Pakistan and Ors Sindh High Court, Karachi

Topic: Custom Act (Section 14A), Custom Rules, 2001 ( Rule 556(a)(iv) of Custom Rules 2001), Constitution of Pakistan, 1973

[SHC Citation: 2020- SHC-KHI - 145344 ]
The main object of the Customs Act, 1969 is to make it expedient to consolidate and amend the law relating to levy and collection of customs duties, fee and service charges and to provide for other allied matters. So it does not matter that the amending provisions do not itself qualify as one imposing duties and taxes etc. All other ancillary and allied provisions in the Customs Act are meant to facilitate the officials to carry out their main objective and mandate and that is the collection of duties and taxes by applying law. Customs Act is nothing but a fiscal Statute meant to extract customs duties and other taxes. A simple reading of Article 73(2) (a to g), may distract the ideal conclusion but it is to be seen that these very amendments are inserted in a fiscal statute, the main object of which is to extract duties, taxes etc. These amendments are thus nothing but to toe and facilitate the main object of the statute and hence it is ancillary and incidental to main object of imposition, abolition, remission, alteration or regulation of any tax which they would ultimately perform while performing their duties within the premises of these private port/terminal operators to whom licenses were issued. Each statute carry different mechanics to assign a varying meaning of the "same word". The meaning of same word may vary from one legislation to another and it is the Statute and the very provision itself that would determine as to which varying definition would come into play to carry the object of such legislation. In order to find intent of word in any provision of statute, it is always wise or logical to discover individual meaning of a solitary word first, however at times it is to be read in connection with entire provisions to find logical meaning closer to the functioning of the Statute and provisions. A word may have potential to be explained differently. Meaning of a word discovered judicially to understand a provision of statute does not necessarily be applied to provision of another Statute as it may dis-balance the scheme of that Statute. It may tend to carry same meaning in a similar Statute, if used in different provisions/Sections etc. but may not necessarily carry same intent in another Statute. Entertaining an application by an adjudicating authority is altogether different in the present contest as they (port operator) do not enjoy such authority and authorization as far as adjudication is concerned. Certificate itself is adjudication by someone having authority in this regard which require no more deliberation by private port operators.
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Matter:CUSTOM MATTER

21 . 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

22 . 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 ]

23 . Const. P. 1913/2017 Gulzar Ahmed V/S Province of Sindh and others Sindh High Court, Bench at Sukkur

Topic: Environment Law (Cutting of Trees), Sindh Local Government Act

[SHC Citation: 2018- SHC-SUK - 137203 ]
Cutting of Trees (Environment): Green Belt with trees is a 'Public Trust' resource. Environmental Human Rights are in fact fundamental human rights. Plea of National Security is also justiciable. "Rational Basis Test" explained. Balance is to be struck between the policies relating to security and civil liberties. State Institutions are subject to the accountability. Judiciary in a Muslim Polity is clothed with greater obligation. Only concern council can direct the cutting of dangerous trees under paragraph 55 of Part II-Schedule II of SLGA 2013.
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24 . Suit 1661/2015 Dewan Steel Mills and others V/S Federation of Pakistan and another Sindh High Court, Karachi

Topic: Anti Dumping Law

2018 PTD 668 [SHC Citation: 2017- SHC-KHI - 114511 ]
Ant- Dumping Case: Concept of dumping explained. Section 31 Anti Dumping Act, 2015, explained. NTC not required to first give an independent decision or determination before delivering its preliminary determination. Concession of parties cannot confer jurisdiction on a Court. Suit barred in view of Section 70 of the Anti Dumping Act, 2015. Confidentiality issue to be considered by Appellate Forum. Information and database about prices of a product obtained from Customs Department, not confidential, unless otherwise barred by any statute or rule. Decisions of National Tariff Commission should not be resulting in creating directly or indirectly any monopoly or cartel of any business. Claim of confidentiality should be decided on the touchstone of Article 19A of the Constitution of Islamic Republic of Pakistan, 1973, and Freedom of Information Ordinance, 2002. Role of National Tariff Commission is very significant vis-a-vis CPEC. NTC to ensure that local industry is not destroyed. Time enlarged for filing Appeal before the Appellate Authority. Case referred to National Tariff Commission.
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25 . Suit 1009/2014 Umair Shahab. V/S Province of Sindh & Others. Sindh High Court, Karachi
Matter:DECLARATION

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

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

28 . 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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29 . H.C.A 163/2016 National Refinery Ltd. & another V/S Syed Niaz Ahmed Sindh High Court, Karachi

Topic: Civil Servants Act, 1973, Law Reforms Ordinance,1972, Services Tribunal Act, 1973

The terms of the service were ensured at the time of his (respondent???s) transfer, which cannot be lifted unilaterally depriving an employee of his post-retirement benefits or any of the terms of transfer, to which he was entitled at the time when he was inducted/transferred. The transfer confirmation letter dated 08.03.1992 does suggest variance in Scheme for employees but the board???s decision has prospective application as far as lifting of any beneficial arrangements are concerned. Wisdom should have prevailed at the time when employees were being transferred and not at the twilight of their career when they (employees) only hoped to get their retirement benefits.
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Matter:AGAINST ORDER

30 . Const. P. 2188/2012 Adam Sugar Mills V/S Respondent Sindh High Court, Karachi

Topic: Tender (Defaulter Bidder)

Defaulter bidder is not entitled to invoke Redressal Committee remedy.
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31 . 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

32 . 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

33 . 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

34 . 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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35 . 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

36 . 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)

37 . 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

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 . 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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40 . 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

41 . 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

42 . 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

43 . 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

44 . 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

45 . 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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46 . 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

47 . 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

48 . 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

49 . 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

50 . 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

51 . 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

52 . 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

53 . 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

54 . 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

55 . 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

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. 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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58 . 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

59 . 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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60 . 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

61 . 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

62 . 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

63 . 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

64 . 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

65 . 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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66 . 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

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 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

69 . 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

70 . 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

71 . 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

72 . 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

73 . 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

74 . 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

75 . 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

76 . 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

77 . 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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78 . 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

79 . 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

80 . 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

81 . 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

82 . 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

83 . 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

84 . 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

85 . 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

86 . 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

87 . 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)

88 . 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

89 . 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

90 . 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)

91 . 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

92 . 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

93 . 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

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. 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

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. 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

98 . 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

99 . 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

100 . 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

101 . 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

102 . 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

103 . 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

104 . 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

105 . 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

106 . 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

107 . 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

108 . 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

109 . 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

110 . 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

111 . Const. P. 2157/2008 Muhammad Saleem Shaikh. V/S Prov. of Sindh & Ors Sindh High Court, Karachi [SHC Citation: 2020- SHC-KHI - 143605 ]
Judgment passed by Hon???ble Mr. Justice Muhammad Ali Mazhar and Mr. Justice Abdul Maalik Gaddi in the petitions filed to challenge the Combined Competitive Examination 2003 (CCE-2003) conducted by Sindh Public Service Commission (SPSC). The Hon???ble Judges constituted a High Powered Inquiry Commission to probe and submit the report to the competent authority.
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Matter:SERVICE

112 . Criminal Appeal 486/2018 MUHAMMAD KASHIF S/O SHER MUHAMMAD & ANOTHER V/S THE STATE Sindh High Court, Karachi [SHC Citation: 2020- SHC-KHI - 143587 ]
The test for weighing the evidence of identification proceedings is to first assess the ???system variables???, i.e. the precautions taken at the test identification parade, and then to assess the ???estimator variables??? i.e. the capacity and ability of the eye-witness to identify the accused in the circumstance of the case. Rel. Mian Sohail Ahmed v. The State (2019 SCMR 956) and The matter of Kanwar Anwaar Ali (PLD 2019 SC 488).
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Matter:IMPRISONMENT UPTO 7 YEARS

113 . Const. P. 9013/2018 Raja Naved Khaskheli V/S Province of Sindh & Others Sindh High Court, Karachi

Topic: Service matters (Fake Appointment)

[SHC Citation: 2020- SHC-KHI - 143629 ]
Petitioner claims to have been appointed on 22.11.2011 as Police Constable in Sindh Police department and has been performing his duties at different police stations and due to involvement of his uncle in departmental proceedings, he has been deprived of his salary which has not been paid to him since September, 2018---Reverting to the claim of the petitioner that he was legally appointed and the Hon???ble Supreme Court has not given any observation against him, therefore the Respondents cannot stop his salary as he is still working on his post, suffice to say that the petitioner is Civil Servant therefore, the forum chosen by him by invoking the Constitutional Jurisdiction of this Court under Article 199 of the Constitution is not proper under the law in view of the bar contained in Article 212 of the Constitution. Since the expression terms and conditions includes salary and the Sindh Services Tribunal has jurisdiction to decide such issue and the validity of the impugned action, this petition is not maintainable.
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Matter:SERVICE

114 . Const. P. 7563/2018 Irshad Ahmed Siyal and Ors V/S Province of Sindh & Others Sindh High Court, Karachi

Topic: Service matters (Contract employee)

[SHC Citation: 2020- SHC-KHI - 143630 ]
Petitioners have approached this Court for regularization of their service in Health Department, Government of Sindh--It is well settled now that regularization of the services of the petitioners on the premise that regularization is always subject to availability of post and fulfillment of recruitment criteria, apparently the petitioners have not initially been appointed in an open and transparent manner through the prescribed competitive process as the vacancies were not advertised in the newspaper. Besides it is well-settled law that a contract employee is debarred from approaching this Court in constitutional jurisdiction, in the light of the law laid down by the Hon'ble Supreme Court of Pakistan in the case of Qazi Munir Ahmed versus Rawalpindi Medical College and Allied Hospital and others, 2019 SCMR 648---Before parting with this order, we may observe that the Provincial Cabinet is well within its powers to frame policy, however, subject to law. It is well-settled that if a policy manifestly inconsistent with the Constitutional commands, retrogressive in nature, and discriminatory inter se the populace is not immune from judicial review. Prima-facie the decision of the Cabinet dated 29.3.2018 does not cover the case of the petitioners under Sindh (Regularization of Ad-hoc and Contract Employees) Act, 2013, as their appointment is after promulgation of the said Act i.e. 25.3.2013--Dismissed.
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Matter:SERVICE

115 . Const. P. 5682/2014 Zaheer Ahmed V/S Province Of Sindh and ors Sindh High Court, Karachi [SHC Citation: 2020- SHC-KHI - 143568 ]
Appointment as Police Constable in Police Department, on the basis of son quota---In the light of above discussion, it is crystal clear that Police Department cannot circumvent the law to make recruitment to the post of police constable on the basis of son quota by issuing Standing Orders or by invoking Rule 11-A of Sindh Civil Servants (Appointment, Promotion and Transfer) Rules, 1974. The appointment of police constable can only be made through competitive process on merit as provided under the recruitment rules and not otherwise.--Dismissed.
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Matter:IMPLEMENTATION

116 . Const. P. 340/2013 M.Saleem Khan V/S Province of Sindh & Others Sindh High Court, Karachi

Topic: Service matters (Proforma Promotion)

[SHC Citation: 2020- SHC-KHI - 143512 ]
proforma promotion
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Matter:SERVICE

117 . Const. P. 6382/2019 Muhammad Jibran Nasir & Ors V/S Fed. of Pakistan and Others Sindh High Court, Karachi [SHC Citation: 2020- SHC-KHI - 143309 ]
Police case
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Matter:AGAINST SECTION

118 . Const. P. 838/2014 Imran Ahmed Ansari V/S Fed. Of Pakistan and ors Sindh High Court, Karachi [SHC Citation: 2020- SHC-KHI - 143220 ]
1. Since the Petitioner???s service was terminated under Rule 8(b)(1) of the DHA Service Rules, which rule has since been declared un-constitutional by the Supreme Court of Pakistan in the case of Itrat Sajjad (2017 SCMR 2010), the only point left for our consideration is whether the effect of the declaration in Itrat Sajjad on the case of the Petitioner can be addressed by us in writ jurisdiction. 2. It had been settled by a 5 member Bench of the Supreme Court in DHA v. Jawaid Ahmed (2013 SCMR 1707) that applying the ???function test???, the DHA is a ???person??? to whom a writ can issue under Article 199(1)(a)(ii) of the Constitution of Pakistan. But then, moving to a question distinct, viz. whether the employee of a statutory authority can invoke the writ jurisdiction of the High Court to enforce service rules of the statutory authority, it was held that where service rules were non-statutory, those cannot normally be enforced in writ jurisdiction for such rules attract the principle of ???master and servant???; but at the same time it was also held that where action of a statutory authority in a service matter is in violation of principles of natural justice, such action can be interfered with in writ jurisdiction. Itrat Sajjad reiterates the same principles, and while it was concluded that the DHA Service Rules are non-statutory and thus not enforceable ordinarily by way of a writ petition, the judgment went on to hold that since Rule 8(b)(1) of the DHA Service Rules violated the principle of natural justice, the case fell within the recognized exception that a writ can issue where the action of a statutory authority in a service matter is violative of the principle of natural justice. For the same reason, this petition, to the extent it assails termination issued under the same Rule 8(b)(1) of the DHA Service Rules, is also maintainable.
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Matter:SERVICE

119 . Const. P. 53/2019 Muhammad Ibrahim V/S Post Master General Khi and Ors Sindh High Court, Karachi

Topic: Service matters (Pension matters)

[SHC Citation: 2020- SHC-KHI - 143539 ]
Record reflects that petitioner has attained the age of superannuation in the year 2019, therefore, no further recovery can be initiated from his pensionery benefits. The respondents are directed to adjust the deducted amount in the pensionery benefits of the petitioner accordingly.
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Matter:SERVICE

120 . Const. P. 6845/2016 Juanid Ahmed Sarki V/S Province of Sindh and Ors Sindh High Court, Karachi

Topic: Service matters (Deceased quota)

[SHC Citation: 2020- SHC-KHI - 143036 ]
Deceased quota
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Matter:DECEASED QUOTA

121 . Const. P. 6766/2019 Muhammad Shoukat Qadri V/S Fed. of Pakistan and Others Sindh High Court, Karachi

Topic: Service matters (Pension matters)

[SHC Citation: 2020- SHC-KHI - 143037 ]
pensionery benefits
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Matter:PENSIONARY BENEFITS

122 . Const. P. 502/2019 Mst .Rani Khaskheli V/S Province of Sindh & Others Sindh High Court, Karachi

Topic: Service matters (service general )

[SHC Citation: 2020- SHC-KHI - 143003 ]
Shahadat
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Matter:SHAHEED BENEFIT

123 . Const. P. 5784/2014 Abdul Salam Khatri V/S D.G MC & C and Ors Sindh High Court, Karachi [SHC Citation: 2020- SHC-KHI - 143005 ]
The issue of transfer and posting from one Cantonment Board to another Cantonment Board has already been settled by the Hon???ble Supreme Court in the case of Tariq Iqbal and others.
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Matter:SERVICE

124 . Const. P. 2761/2011 Sadiq Ali Khan V/S University of Karachi & Ors Sindh High Court, Karachi [SHC Citation: 2020- SHC-KHI - 143004 ]
if the remedy of appeal is available to a party under the statute, availing such statutory remedy, and without calling in question the appellate order, only seeking setting aside the original order in the Constitutional jurisdiction of this court under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973 is not proper under the law
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Matter:SERVICE

125 . Const. P. 8251/2019 Jamal Nasir V/S Govt. of Sindh & Others Sindh High Court, Karachi

Topic: Service matters (Promotion)

[SHC Citation: 2020- SHC-KHI - 143006 ]
STEVTA
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Matter:SERVICE

126 . S.M.A 47/2017 Raza Muhammad S/o (Late) Muhammad Hussain V/S Nil Sindh High Court, Karachi

Topic: S.M.A

[SHC Citation: 2020- SHC-KHI - 143031 ]
Petition not maintainable. Dismissed.
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Matter:LETTER OF ADMINISTRATION

127 . Suit 1646/2008 Arshad Mahmood & Others V/S Province of Sindh Sindh High Court, Karachi [SHC Citation: 2019- SHC-KHI - 142380 ]
Since the Hindu Gymkhana is a Government-owned protected heritage and the Subject Agreement is not with any private-owner of protected heritage under sections 7(3) to 7(5) or section 8 of the Sindh Cultural Heritage (Preservation) Act, 1994 [the Heritage Act], the role of the Advisory Committee envisaged under the said provisions is also not attracted. For the same reason the power of the Advisory Committee to pass a prohibitory order under section 10 of the Heritage Act, which is dependent on an agreement with the private owner under section 8 of the Act, is also not attracted. The record does not show that the Government sanctioned ???custodianship??? of the Hindu Gymkhana to the Advisory Committee under section 7(1) of the Heritage Act; nor does the criteria of section 13 of the Heritage Act seems to be met by the Hindu Gymkhana. Thus, having seen that the provisions of sections 7, 8, 10 and 13 of the Heritage Act are not attracted to the circumstances of the case, prima facie it cannot be said that construction of a theatre by NAPA on the land granted to it was prohibited by the Heritage Act, or that the said Act required NAPA to obtain the approval of the Advisory Committee before raising such construction. Impugned notice to remain suspended pending suit.
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Matter:DECLARATION

128 . Suit 1798/2016 Syed Ali Haider & others V/S Pakistan International Airline Sindh High Court, Karachi [SHC Citation: 2019- SHC-KHI - 142349 ]
Suit decreed. Independent promotion orders cannot be recalled through Admin Order No. 17/2016 without proper Notice and confronting the Plaintiffs.
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Matter:DECLARATION

129 . Suit 972/2005 DR. HASAN FATIMA JAFERY & ORS V/S ROYAL SAUDI CONSULATE KARACHI & ANOTHER Sindh High Court, Karachi

Topic: The State Immunity Ordinance, 1981, Diplomatic and Consular Privileges Act, 1972

[SHC Citation: 2019- SHC-KHI - 142921 ]
With the passage of time, the principle governing immunity has undergone a change. National Courts in different jurisdictions, specially where there exists constitutional dispensation, have generally narrowed down the scope of immunity, whether constitutional, diplomatic or any other type of immunity. One of the reasons for adopting such view, while interpreting the law or clauses relating to immunity is that the concept of immunity is to be balanced with the accountability and those rights guaranteed as fundamental and human rights.
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130 . Criminal Miscelleneous 154/2019 MRS. FARHEEN W/O AURANGZEB MUHAMMAD KHAN V/S THE STATE & ANOTHER Sindh High Court, Karachi [SHC Citation: 2019- SHC-KHI - 142347 ]
1. The ratio of the said judgments of the Supreme Court is that where the remedy under section 249-A Cr.P.C. is available before the trial Court, the High Court should not exercise inherent jurisdiction under section 561-A Cr.P.C except in extraordinary circumstances which warrant such an action. In other words, the question is not to the jurisdiction of the High Court, but the manner in which such jurisdiction is to be regulated by the High Court. Ref. Muhammad Farooq v. Ahmed Nawaz Jagirani (PLD 2016 SC 55); Maqbool Rehman v. State (2002 SCMR 1076); Bashir Ahmed v. Zafar-ul-Islam (PLD 2004 SC 298); Mian Munir Ahmad v. State (1985 SCMR 257). 2. It is a misconception to state that in all cases where it is being contended that a civil dispute has been converted into a criminal case, an applicant need not approach the trial Court under section 249-A Cr.P.C. or 265-K Cr.P.C. 3. The argument that section 249-A Cr.P.C. cannot be invoked until a formal charge is framed under section 242 Cr.P.C., is misconceived. Section 249-A Cr.P.C. categorically states that the power thereunder can be exercised ???at any stage of the case???. Rel. State v. Ashiq Ali Bhutto, 1993 SCMR 523.
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Matter:QUASHMENT

131 . Const. P. 2676/2018 Javed Akhtar V/S P.O Sindh and Others Sindh High Court, Circuit at Hyderabad [SHC Citation: 2019- SHC-HYD - 142454 ]
Deceased Quota
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132 . Const. P. 1937/2019 Arbab Ali V/S P.O Sindh and others Sindh High Court, Circuit at Hyderabad [SHC Citation: 2019- SHC-HYD - 142461 ]
Deceased Quota
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133 . Const. P. 3504/2017 Manzoor Ali V/S P.O Sindh and others Sindh High Court, Circuit at Hyderabad [SHC Citation: 2019- SHC-HYD - 142445 ]
Deceased Quota
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134 . Const. P. 2872/2018 Zulfiqar Ali V/S P.O Sindh and Others Sindh High Court, Circuit at Hyderabad

Topic: Service matters (Deceased quota)

[SHC Citation: 2019- SHC-HYD - 142456 ]
Deceased Quota
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135 . Const. P. 1709/2019 Atta Hussain V/S P.O Sindh and Others Sindh High Court, Circuit at Hyderabad [SHC Citation: 2019- SHC-HYD - 142460 ]
Deceased Quota
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136 . Const. P. 1885/2019 Abdul Majeed V/S P.O Sindh and Others Sindh High Court, Circuit at Hyderabad [SHC Citation: 2019- SHC-HYD - 142462 ]
Deceased Quota
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137 . Const. P. 2510/2019 Mst.Razia Bibi V/S P.O Sindh and Others Sindh High Court, Circuit at Hyderabad [SHC Citation: 2019- SHC-HYD - 142463 ]
Deceased Quota
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138 . Const. P. 1140/2018 Muhammad Awais V/S P.O Sindh and Others Sindh High Court, Circuit at Hyderabad [SHC Citation: 2019- SHC-HYD - 142451 ]
Deceased Quota
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139 . Const. P. 2467/2018 Boota Masih V/S P.O Sindh and Others Sindh High Court, Circuit at Hyderabad [SHC Citation: 2019- SHC-HYD - 142453 ]
Deceased Quota
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140 . Const. P. 2680/2018 Sachal Khan V/S P.O Sindh and Others Sindh High Court, Circuit at Hyderabad [SHC Citation: 2019- SHC-HYD - 142455 ]
Deceased Quota
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141 . Const. P. 3319/2018 Suresh Kumar V/S P.O Sindh and Others Sindh High Court, Circuit at Hyderabad [SHC Citation: 2019- SHC-HYD - 142457 ]
Deceased Quota
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142 . Const. P. 78/2019 Sharoon V/S P.O Sindh and others Sindh High Court, Circuit at Hyderabad [SHC Citation: 2019- SHC-HYD - 142458 ]
Deceased Quota
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143 . Const. P. 1708/2019 Bashir Ahmed V/S P.O Sindh and Others Sindh High Court, Circuit at Hyderabad [SHC Citation: 2019- SHC-HYD - 142459 ]
Deceased Quota
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144 . Const. P. 2893/2017 Noor Muhammad V/S P.O Sindh and Others Sindh High Court, Circuit at Hyderabad [SHC Citation: 2019- SHC-HYD - 142443 ]
Deceased Quota
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145 . Civil Revision 18/2011 Mehboob V/S Nadir Hussain Sindh High Court, Circuit at Hyderabad [SHC Citation: 2019- SHC-HYD - 144951 ]
Revision Application and pending stay application were dismissed with no order as to costs.
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146 . Suit 2249/2016 Indus Motor Co., Limited. V/S Pakistan & Others. Sindh High Court, Karachi [SHC Citation: 2019- SHC-KHI - 142108 ]
Audit of Taxpayers under Section 25 of the Sales Tax Act 1990 and Section 45 and 46 of the Federal Excise Act 2005.
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Matter:DECLARATION

147 . I. A 31/2013 Government of Sindh & others V/S M/S United Bank Limited Sindh High Court, Circuit at Hyderabad [SHC Citation: 2019- SHC-HYD - 144949 ]
Appeal was allowed with costs and the impugned judgment and decree were set aside.
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148 . Const. P. 7679/2019 Dar ul Sukun and Ors V/S Province of Sindh & Others Sindh High Court, Karachi [SHC Citation: 2019- SHC-KHI - 142181 ]
Senior Citizens matter
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Matter:DIRECTION

149 . Const. P. 977/2019 Public Interest Law Association of Pakistan V/S Fed. of Pakistan and Others Sindh High Court, Karachi [SHC Citation: 2019- SHC-KHI - 142182 ]
Bomb Detector Khoji case
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Matter:DIRECTION

150 . Const. P. 3508/2018 Riasat Ali and Ors V/S Govt. of Sindh & Others Sindh High Court, Karachi [SHC Citation: 2019- SHC-KHI - 142000 ]
1. Pursuant to Article 129 of the Constitution, the executive authority of the Provincial Government is to be exercised by the Provincial Cabinet as a collective entity albeit in the name of the Governor. When a Provincial statute, such as the Sindh Agriculture University Act, 1977, provides for the exercise of executive authority by the Provincial Government, that is to be done and the decision for that has to be taken by the Provincial Cabinet and not by the Chief Minister alone. Rel: Mustafa Impex v. Government of Pakistan (PLD 2016 SC 808); Karamat Ali v. Federation of Pakistan (PLD 2018 Sindh 8); Mirpurkhas Sugar Mills Ltd. v. Province of Sindh, C.P. No.D-8591/2018. 2. Having seen that the word ???Government??? in section 27(1) of the Sindh Agriculture University Act, 1977, as it stood amended at the relevant time by the Sindh Universities and Institutes Laws (Amendment) Act, 2014, could only mean the ???Provincial Cabinet???, the decision to extend the tenure of the Respondent No.5 as Vice Chancellor for another term, and the terms and conditions of such extension, had to be taken by the Provincial Cabinet and not by the Chief Minister in isolation of the Provincial Cabinet.
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Matter:APPOINTMENT

151 . Cr.Rev 201/2019 MST. NAGHMA IMJRAN WD/O IMRAN KHAN V/S THE STATE & ORS Sindh High Court, Karachi [SHC Citation: 2019- SHC-KHI - 142013 ]
The Explanation clause of section 435 Cr.P.C. entails that while the High Court can call for and examine the record of proceeding before a Magistrate, either suo moto or in Revision arising from an order of a Sessions Judge, a Revision ???application??? against the order of a Magistrate is to filed by the litigant to the Sessions Judge to whom the Magistrate is a Court ???inferior??? within the meaning of the Explanation clause of section 435 Cr.P.C.
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Matter:AGAINST THE ORDER

152 . Suit 362/2015 Wakeel Akhtar V/S Shahzad Alam Sindh High Court, Karachi [SHC Citation: 2019- SHC-KHI - 141811 ]
While Article 84 of the Qanun-e-Shahadat Order provides a mode for proving execution of a document by comparison of signature or hand-writing, that is an additional mode and not a substitute of or an alternate to the mandatory provision of Article 79 of the Qanun-e-Shahadat Order. The mode of proof by way of Article 84 is not the most desirable of modes in that, the signature and hand-writing of a person may vary with time and age; or a person called upon under sub-Article (2) of Article 84 to give a specimen of his signature or hand-writing may feign the same to defeat the comparison.
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Matter:DECLARATION

153 . Cr.Bail 1507/2019 FAHEEMUDDIN S/O ALEEMUDDIN V/S THE STATE Sindh High Court, Karachi [SHC Citation: 2019- SHC-KHI - 141810 ]
In section 395 PPC, while the alternative to life imprisonment is rigorous punishment ???which shall not be less than four years nor more than ten years???, that alternative punishment still provides for a maximum of 10 years, keeping the offence within the prohibitory clause of section 497 Cr.P.C. Thus, at the stage of bail when the Court looks at the alternate punishment provided under section 395 PPC, that is for the purposes of considering whether the case is one of further inquiry within the ambit of sub-section (2) of section 497 Cr.P.C., and it is not to say that the case does not fall within the prohibitory clause of section 497 Cr.P.C.
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Matter:BAIL AFTER ARREST

154 . Suit 2215/2014 Muhammad Kashif Vohra. V/S Muhammad Ismail & Others. Sindh High Court, Karachi [SHC Citation: 2019- SHC-KHI - 141789 ]
1. A suit for specific performance of contract of immovable property brought by the vendee can be dismissed without going through a trial where the plaintiff, when put on terms to deposit the sale consideration in Court, fails to do so. That has been the consistent approach on the Original side of this Court. The wisdom behind that of course is that when called upon by the Court, if the plaintiff/vendee cannot demonstrate that he is ready and willing to make payment to perform his part of the contract, which is the primary test for grant of equitable discretionary relief in a suit for specific performance, then that is sufficient reason for the Court to decline the exercise of discretionary jurisdiction. Rel: Allah Ditta v. Bashir Ahmed (1997 SCMR 181); Abdul Hameed Khan v. Ghulam Rabbani (2003 SCMR 953); and Hamood Mehmood v. Shabana Ishaque (2017 SCMR 2022); 2. It is not in every case that the Court may require the plaintiff of a suit for specific performance of contract to deposit the sale consideration in Court. Rel: Bin Bak Industries (Pvt.) Ltd. v. Friends Associates (2003 SCMR 238).
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Matter:SPECIFIC PERFORMANCE

155 . Suit 1161/2019 Syed Muhammad Iqbal & others. V/S Pakistan International Airline Corp. Ltd & others. Sindh High Court, Karachi [SHC Citation: 2019- SHC-KHI - 141561 ]
Issue of foreign posting of Engineers of PIA involved. Injunction dismissed.
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Matter:SUIT FOR DECLERATION

156 . Suit 2227/2015 Allied Bank Ltd. V/S Qamar Hussain Naqvi & Others. Sindh High Court, Karachi

Topic: Order VII, Rule 11., LIMITATION

[SHC Citation: 2019- SHC-KHI - 141562 ]
Plaint rejected by invoking legal maxim ???actio personalis moritur cum persona??? and Article 36 of the Limitation Act, 1908. Legal maxim ???actio personalis moritur cum persona??? (a personal right of action dies with the person) ??? death extinguishes liability in Tort, is enforceable in Pakistan subject to certain exceptions. First, where a tortfeasor???s estate is benefited by the wrong done, then an action would lie against his representatives, secondly, when already a decree is passed, inter alia, for damages, the legal representatives / heirs of a deceased can continue the litigation, thirdly, if in a service case, the Trial Court has reinstated a petitioner in service, which is overturned by an appellate court and in the intervening period, person dies, his legal heirs can continue the litigation, because if a Higher Forum restores the Order of Trial Court, then the legal heirs would at least be entitled for the service benefits. However, no suit can be filed after the death of a person for his individual acts, against his legal heirs.
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Matter:RECOVERY

157 . Const. P. 1895/2017 Mst. Faiza Gul V/S Zubaid Gul and others Sindh High Court, Circuit at Hyderabad [SHC Citation: 2019- SHC-HYD - 144943 ]
Since the question of law has been answered accordingly; therefore, the above observation on the other points is tentative in nature which shall not prejudice the either party in their other family matter if any pending before the court of law which shall be decided independently in accordance with law. Disposed of.
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158 . Judicial Companies Misc. 3/2018 Dr. Muhammad Imran Qureshi & Others V/S Mohammad Asif & Others Sindh High Court, Karachi [SHC Citation: 2019- SHC-KHI - 141534 ]
Forensic Audit of Company / Respondent No. 5 ordered in terms of Section 286 of the Companies Act ordered.
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Matter:DIRECTION

159 . Const. P. 6439/2019 Javeria V/S Province of Sindh & Others Sindh High Court, Karachi [SHC Citation: 2019- SHC-KHI - 141488 ]
(a) The repeal of the PMDC Ordinance, 2019 was by virtue of Article 89(2)(a)(ii) of the Constitution, i.e., by a resolution of the Senate disapproving the same and not by way of any repealing enactment. Therefore, the effect of repeal contained in sections 6, 6-A and section 24 of the General Clauses Act, 1897, which otherwise apply only when a repeal is by way of a repealing enactment, were neither triggered nor would those serve as an aid in construing the effect of repeal under a Constitutional provision such as Article 89. In other words, on the repeal of the PMDC Ordinance, 2019 by the effect of Article 89 of the Constitution, nothing contained in the General Clauses Act, 1897 would come to save the Amending Admission Regulations that had been made under the repealed Ordinance. In view of Pakistan Medical and Dental Council v. Muhammad Fahad Malik (supra), Article 264 of the Constitution also did not have the effect of saving or giving permanency to the Amended Admission Regulations when the effect of the PMDC Ordinance, 2019 was only temporary as it was never accorded approval by the Parliament. Therefore, on 29-08-2019, when the PMDC Ordinance, 2019 was repealed by the effect of Article 89 of the Constitution, the Amended Admission Regulations also stood repealed and the Original Admission Regulations were revived. (b) It will be seen that while the proviso to sub-section (2) of section 50 of the PMC Ordinance, 2019 repeals all previous Regulations, but that is subject to sub-section (7) which provides that the previous Regulations will continue to apply to the on-going admission process. The repeal of the PMDC Ordinance, 1962 by the PMC Ordinance, 2019, the former being a permanent statute under the 1973 Constitution, is not a repeal by virtue of Article 89 of the Constitution, but a repeal by a repealing statute, albeit a temporary one, and one which has been expressly made subject to section 6 of the General Clauses Act, 1897, which in turn provides that ???the repeal shall not revive anything not in force or existing at the time at which the repeal takes effect???. We have already discussed above that on 29-08-2019 the Amended Admission Regulations had ceased and the Original Admission Regulations had revived. Therefore, when sub-section (7) of section 50 of the PMC Ordinance, 2019 provides that the previous Regulations will continue to apply to the on-going admission process, those can only be the Original Admission Regulations.
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Matter:ADMISSION MATTER

160 . Cr.Bail 1083/2019 ARIF BALOCH S/O YAR MUHAMMAD V/S THE STATE Sindh High Court, Karachi [SHC Citation: 2019- SHC-KHI - 141526 ]
Plea of alibi can be considered at the stage of bail. Rel: Zaigham Ashraf v. The State (2016 SCMR 18).
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Matter:BAIL AFTER ARREST

161 . Const. P. 6554/2019 Ms. Urooj Fatima V/S PM & DC and Ors Sindh High Court, Karachi [SHC Citation: 2019- SHC-KHI - 141487 ]
(a) The repeal of the PMDC Ordinance, 2019 was by virtue of Article 89(2)(a)(ii) of the Constitution, i.e., by a resolution of the Senate disapproving the same and not by way of any repealing enactment. Therefore, the effect of repeal contained in sections 6, 6-A and section 24 of the General Clauses Act, 1897, which otherwise apply only when a repeal is by way of a repealing enactment, were neither triggered nor would those serve as an aid in construing the effect of repeal under a Constitutional provision such as Article 89. In other words, on the repeal of the PMDC Ordinance, 2019 by the effect of Article 89 of the Constitution, nothing contained in the General Clauses Act, 1897 would come to save the Amending Admission Regulations that had been made under the repealed Ordinance. In view of Pakistan Medical and Dental Council v. Muhammad Fahad Malik (supra), Article 264 of the Constitution also did not have the effect of saving or giving permanency to the Amended Admission Regulations when the effect of the PMDC Ordinance, 2019 was only temporary as it was never accorded approval by the Parliament. Therefore, on 29-08-2019, when the PMDC Ordinance, 2019 was repealed by the effect of Article 89 of the Constitution, the Amended Admission Regulations also stood repealed and the Original Admission Regulations were revived. (b) It will be seen that while the proviso to sub-section (2) of section 50 of the PMC Ordinance, 2019 repeals all previous Regulations, but that is subject to sub-section (7) which provides that the previous Regulations will continue to apply to the on-going admission process. The repeal of the PMDC Ordinance, 1962 by the PMC Ordinance, 2019, the former being a permanent statute under the 1973 Constitution, is not a repeal by virtue of Article 89 of the Constitution, but a repeal by a repealing statute, albeit a temporary one, and one which has been expressly made subject to section 6 of the General Clauses Act, 1897, which in turn provides that ???the repeal shall not revive anything not in force or existing at the time at which the repeal takes effect???. We have already discussed above that on 29-08-2019 the Amended Admission Regulations had ceased and the Original Admission Regulations had revived. Therefore, when sub-section (7) of section 50 of the PMC Ordinance, 2019 provides that the previous Regulations will continue to apply to the on-going admission process, those can only be the Original Admission Regulations.
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Matter:ADMISSION MATTER

162 . Const. P. 523/2018 Azizullah V/S Fed: of Pakistan & others Sindh High Court, Circuit at Hyderabad [SHC Citation: 2019- SHC-HYD - 142431 ]
Deceased Quota
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163 . Judicial Companies Misc. 5/2019 Paramount Spinning Mills Ltd & Others V/S xxx Sindh High Court, Karachi [SHC Citation: 2019- SHC-KHI - 140962 ]
Compromise by Banks approved / allowed. Objection of non-contesting creditor dismissed.
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Matter:DIRECTION

164 . Const. P. 4047/2015 Muhammad Ali Javed and Ors V/S Province of Sindh and Ors Sindh High Court, Karachi [SHC Citation: 2019- SHC-KHI - 141089 ]
The general principles of up-gradation that to our mind emerge from the enunciations of the Supreme Court can be elucidated as follows: (i) ???Up-gradation??? is not the same as ???promotion???, the latter being a term specifically defined in civil service statutes; (ii) Up-gradation is essentially an upgrade of the post to a higher ???pay-scale??? and not a promotion to a higher ???grade???. Thus, the incumbent of the upgraded post retains his substantive grade; (iii) Up-gradation is meant for isolated posts, where the service structure does not provide avenues for promotion to a higher pay-scale thus putting the incumbent at a disadvantage as compared to other employees, its purpose being to address the stagnation and frustration of the employee of such post so that he/she remains productive; (iv) To justify up-gradation, the Government will have to demonstrate that it is required for restructuring or reforming the department or to meet exigencies of service in the public interest. In other words, up-gradation should be pursuant to a scheme or a policy; (v) Up-gradation should not be to the prejudice of other employees and should not be used to by-pass prescribed rules of promotion. Rel. Ali Azhar Khan Baloch v. Province of Sindh (2015 SCMR 456); Regional Commissioner Income Tax v. Munawar Ali (2017 PLC (C.S.) 1030); and Federal Public Service Commission v. Anwar-ul-Haq (2017 SCMR 890).
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Matter:SERVICE

165 . Suit 2270/2018 Mir Muhammad Raza V/S Federation of Pakistan & Others. Sindh High Court, Karachi [SHC Citation: 2019- SHC-KHI - 140722 ]
Injunction refused in fake degree case
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Matter:SUIT FOR DECLERATION

166 . Suit 1641/2012 SUI SOUTHERN GAS CO. LTD. V/S K.E.S.C LTD. Sindh High Court, Karachi [SHC Citation: 2019- SHC-KHI - 140624 ]
Attachment before Judgment
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Matter:RECOVERY OF AMOUNT / DAMAGES

167 . Adm. Suit 1/2019 M/S. COMMERCIAL BANK INT V/S M.V. MISKI AN OTHER Sindh High Court, Karachi

Topic: Admiralty (Ship arrested )

[SHC Citation: 2019- SHC-KHI - 140564 ]
There cannot be two decisions with regard to same loan transaction / finance facility; that is, one passed in the foreign jurisdiction as above and the other one in the present proceeding. the Judgment given by the Court of Sharjah (UAE) in the Case filed by present Plaintiff against Defendant No.2, can be executed through the present proceeding. Therefore, the Judgment of Sharjah Court in a sum of AED 5723557 (Five Million Seven Hundred Twenty Three Thousand Five Hundred and Fifty Seven Dirhams) together with 5% (five percent) of the legal interest, can be executed through the present proceeding.
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Matter:RECOVERY OF AMOUNT

168 . Const. P. 451/2016 Ghulam Ali V/S Province of Sindh & others Sindh High Court, Circuit at Hyderabad

Topic: Peasants Rights (Sindh Tenancy Act 1950) (Peasants Rights (Sindh Tenancy Act 1950)), Sindh Tenancy Act, 1950

[SHC Citation: 2019- SHC-HYD - 140521 ]
Sindh Tenancy Act, 1950
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169 . Suit 845/2016 Ashraf Hussain Khan. V/S Abdul Rehman Khan & Others. Sindh High Court, Karachi

Topic: Administration Suits

[SHC Citation: 2019- SHC-KHI - 140721 ]
Cases involving rights of inheritence are at higher pedestal, inter alia, in view of the Sharia Act, 1991.
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Matter:LETTER OF ADMINISTRATION

170 . Suit 704/2019 Pakistan Airline Pilots Association V/S Pakistan International Airlines & another Sindh High Court, Karachi

Topic: Merger

[SHC Citation: 2019- SHC-KHI - 140421 ]
Application for rejection of plaint under Order VII Rule 11 CPC was filed by Defendant on the ground that the Suit was barred in terms of Order II Rule2, as earlier another Suit in respect of the same cause action i.e. the Working Agreement between Plaintiff No.1 and Defendant No.1 was filed, wherein, the prayers sought in this Suit were left out; hence, the same cannot be claimed in this Suit. Such argument was repelled by the Court and it has been observed that the bar contained under Order II Rule 2 CPC would not apply, as firstly, the cause of action is not the same, though the question of interpreting the Working Agreement may be; and secondly, the parties to this Suit are not the parties in the earlier Suit, including the Plaintiffs No.2 to 5 who have also come before the Court with their individual grievance, as well as Defendant No.2, the Federation of Pakistan, who owns majority shareholding in Defendant No.1, PIA. It has been further held that in fact, this is a case of a recurring cause insofar as the implementation of the Working Agreement is concerned. Accordingly, the listed application merits dismissal, and it is so ordered.
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171 . Adm. Suit 7/2018 Fair Sea International FZC V/S MV "MISKI" & Others Sindh High Court, Karachi

Topic: ADMIRALTY

[SHC Citation: 2019- SHC-KHI - 140565 ]
Plaintiff has incurred and still incurring expenses for supply of necessaries and other products to Defendant No.1 since or about 09.10.2017 and onwards, when the Defendant No.1 (subject Vessel) is berthed at Karachi Port; therefore, only those documents can be considered, which relate to this period and onwards, or, when the subject Vessel entered territorial waters of Pakistan and not before that. Suit of the Plaintiff is partly decreed to the extent of US Dollars-120,710.6 (US Dollars One Lac Twenty Thousand Seven Hundred and Ten only) and Pak Rupees-22,42,497/- (Rupees Twenty Two Lacs Forty Two Thousand and Four Hundred Ninety Seven only).
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172 . Adm. Suit 3/2018 GLANDER INTERNATIONAL BUNKERING DMCC V/S M.V. MISKI AND 2 OTHERS Sindh High Court, Karachi

Topic: ADMIRALTY

[SHC Citation: 2019- SHC-KHI - 140566 ]
It is an established Rule that pleadings themselves cannot be considered as evidence unless the Plaintiff or Defendant, as the case may be, enters the witness Box and lead the evidence in support of one's claim or defence. Plaintiff has not come forward to testify and discharge the burden of proof about its claim. The reported decision of Hon'ble Supreme Court handed down in the case of Rana Tanveer Khan v. Naseer Khan-2015 SCMR page-1401, is relevant. Since Plaintiff has failed to prove the allegations against the Defendants, thus the Plaintiff is not entitled to any relief. Suit dismissed.
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173 . Conf.Case 5321/2014 APNA TV Channel Private Limited V/S Pakistan Electronic Media Regulatory Authority and another Sindh High Court, Karachi

Topic: PEMRA Ordinance, 2002 (Section 29 And 30)

[SHC Citation: 2019- SHC-KHI - 140255 ]
APNA TV Channel Judgment
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174 . Suit 1670/2018 Liaquat Ali Bhatti & others V/S Pakistan International Airlines Corporation & ors Sindh High Court, Karachi [SHC Citation: 2019- SHC-KHI - 140208 ]
The issue involved in this Suit was in respect of promotions of private Defendants as Chief Engineers from Deputy Chief Engineers in PIA and leaving out the Plaintiffs though they were admittedly senior. It was claimed by PIA that neither seniority nor promotion is a vested right; hence, no case is made out by the Plaintiffs; however, there being no cavil to this legal proposition; such contention has been repelled by the Court and the impugned order of promotion of private defendants has been suspended, for the reason that firstly the Plaintiffs have not been provided with any reason or justification as to why they have been left out; and secondly, even the Court was not assisted as to the entire material and record for promoting private defendants, and therefore, the Plaintiffs cannot be left without any remedy. They being seniors at least ought to have been communicated with a proper response for not being considered so that they could have availed any further remedy as per law; and this has been found a valid ground for suspending the impugned order, whereas, if the management of PIA feels that due to exigency, fresh proceedings are necessary for carrying out promotion(s); then they are at liberty to do so but in accordance with the Agreement and the revised policy, if any, and so also keeping in mind the discussion made hereinabove, including consultation with Defendant No.2 as per the Agreement.
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Matter:DECLARATION

175 . Suit 119/2006 MRS. SHABEENA FARHAT V/S V/S M/S HIGHWAY HOUSING PROJECT & ORS Sindh High Court, Karachi 2014 CLC 322 [SHC Citation: 2019- SHC-KHI - 2788 ]
Defendant has neither provided basic amenities in the Housing Scheme nor has produced any document, rules / bye-laws or Agreement between the parties hereto, to substantiate its evidence, that it is not the responsibility of Defendant to provide these basic amenities. the subject Housing Project launched by Defendant was not complete at least till the time of giving evidence till September, 2014; thus, the grievance of Plaintiff is of continuing nature, inter alia, in terms of Section 23 of the Limitation Law. This is a further ground in addition to the above, for determining that the present lis is maintainable. Hence, suit partly decreed.
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176 . Adm. Suit 10/2017 M/S. SING FUELS PTE LTD V/S M.V. YASA AYSEN AND OTHERS Sindh High Court, Karachi [SHC Citation: 2019- SHC-KHI - 139874 ]
Through this is a Suit under Section 3(2) of the Admiralty Jurisdiction of High Courts Ordinance, 1980 the Plaintiff had sought recovery of US$ 667,599.35 in respect of the principal outstanding amount, interest, damages and legal costs etc. and had also sought issuance of warrants of arrest for the Vessel i.e. Defendant No.1 and detain the same until sufficient guarantees are furnished for the outstanding claim of the Plaintiff. As an interim measure the vessel was arrested and allowed to sail after furnishing surety for the principal amount. According to the Plaintiffs the Defendant No.5 (?Charterers?) contacted for supply of bunkers to the Vessel in question owned and operated by Defendant No.2 to 4 (?Owners?). It is the case of the Plaintiff that requisite bunkers were supplied, whereas, Charterer has defaulted in making payments and therefore, owners as well as Charterers are liable to pay jointly and severally. The plaintiff?s argument has been repelled by the Court and the application for arrest of vessel has been dismissed in this matter and surety has been ordered to be released / discharged in favor of the owners as the bunker delivery note very clearly and specifically mentions that the supply of bunkers by the bunker supplier is on ?Charterers Account?. This is an admitted document and placed on recorded by the Plaintiff itself. Admittedly nothing has been placed on record so as to suggest that at any point of Time; the plaintiff ever approached the owners of the Vessel before entering into any contract for supply of the bunkers. Nothing has been placed or even pleaded as to whether any consent of the owners of the Vessel was ever sought for making supplies of bunkers and the liability of any payment on the part of the owners in case of any default. It has been further held that the Plaintiff here has not been able to show or substantiate that the Time Charterer had any sort of authority to contract on behalf of the owners or the Vessel; and secondly, even otherwise to safeguard its interest, knowingly that its claim against the Vessel and owner would fail, had obtained sufficient security in the shape of postdated cheques, and is at full liberty to seek its encashment, and if not, then any other appropriate remedy as may be available for it in accordance with the applicable laws. The Plaintiff under no circumstances can be permitted to take undue advantage under the Admiralty jurisdiction of this Court by arrest of the Vessel and then compelling and dragging the owners to pay the amount being claimed when no case for a claim in personam has been arguably made out. The application is therefore dismissed.
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Matter:RECOVERY OF AMOUNT

177 . Const. P. 836/2019 Sardar Muhammad Bux Mahar Thr. Tasawar Hussain V/S Mst. Saman Muhammad Mahar and another Sindh High Court, Karachi

Topic: Guardian and Ward Act, 1890 (Section 7, 8 and 25)

[SHC Citation: 2019- SHC-KHI - 139608 ]
The natural guardians/mother and father of minors are not required to seek declaration of their guardianship through the Court. The Court under Section 7 of the Guardian and Ward Act, 1890 is not empowered to decide title of guardian about custody of the ward.
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Matter:AGAINST THE ORDER

178 . Cr.Bail 1141/2019 Kashif Dars S/o Muhammad Usman Dars V/S The State Sindh High Court, Karachi

Topic: Bail Matters ( under Section 498 Cr.P.C r/w Section 561-A Cr.P.C), Criminal Procedure Code Cr.P.C 1898

2020 PCr.LJ 259 [SHC Citation: 2019- SHC-KHI - 139579 ]
a) S.498, 561-A Cr.P.C--- Scope: Application of proper procedure; S.498, 561-A Cr.P.C--- Order under S.497(5) Cr.P.C passed by the District & Sessions Judge cancelling the bail of accused charged under Cyber Crime was assailed before High Court---The Court observed that the proceedings filed were half criminal bail application and half criminal Miscellaneous Application. It was further observed that surprisingly the Counsel who was protecting the liberty of his client was unaware of the law and nature of proceedings. As the proceeding under both the provision are distinguished in nature, in fact Deputy Registrar Judicial had to check that whether the instant application under Section 498 Cr.P.C was in the prescribed format for such an application or not. And if it was not the Deputy Registrar should have raised objection to bring it in the proper form. b) Supreme Court.16, 20, 21, PECA 2016 r/w 49, 420, 109 PPC (Prevention of Electric Crimes Act) --- S.497(5) Cr.P.C???Order: In fact in Cyber Crime the accused cannot allege malafide in associating/ connecting him in the crime. The complainant was not aware of the applicant. He had only noticed certain fake pages on internet and Facebook carrying objectionable. FIA by using scientific technics reached to the accused through cell phone number which has been used to the Facebook carrying offensive material. Held--- Since the complainant party was never aware of the person behind this misuse of internet, it cannot be said that complainant had malafidely named the accused and arrested or associated with the offence. The Cell phone was in use of Accused and sufficient documentary evidence appeared against him connecting him with commission of offence. Application dismissed.
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Matter:BAIL BEFORE ARREST

179 . Suit 2013/2015 M/s. A.F Ferguson & Co., & Others. V/S Pakistan & Others. Sindh High Court, Karachi [SHC Citation: 2019- SHC-KHI - 139507 ]
In all these Suits the claim of the Plaintiffs was to the effect that in terms of Section 92 of the Income Tax Ordinance, 2001 there is no compulsion or restriction that it is only the firm which can file its return and pay taxes on the income, as at the same time, the partners of the firm are also qualified to file their return and pay the tax accordingly and in that situation the firm would not be liable to pay any tax on the income on which the partners have already paid the tax. According to the Plaintiffs, Section 92 does not prohibit the partners from paying tax on their income as against the same by the firm. Their further case was that the inverse of what is provided in Section 92 is permitted as not being prohibited or restricted; however, the contention of the Plaintiffs is held to be misconceived as this would defeat the intention of the legislature and would rather amount to do legislation in favour of the Plaintiffs. The law as it stands today provides a clear mechanism and the principle of taxation which has to be applied on the firm, whereas, nothing could be read into the said provision . It is settled law that the function of the Courts is only to expound and not to the legislate. In view of such position, all Suits have been dismissed by holding that the firm i.e. the Plaintiff No. 1 in all these Suits was required to file its return and pay the tax accordingly; and not the partners individually in respect of the income received from the association of persons or the firm; and once the tax is paid by the firm, then the partners are not required to pay any tax on such income.
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Matter:DECLARATION

180 . Suit 2067/2016 M/s. Getz Pharma (Pvt.) Limited V/S Federation of Pakistan & others Sindh High Court, Karachi [SHC Citation: 2019- SHC-KHI - 139355 ]
Through this Suit all Plaintiffs had sought exemption on the packing material imported by them for the manufacture of pharmaceutical products in terms of entry No. 105 of the 6th Schedule to the Sales Tax Act, 1990; however, the said entry only caters for ???raw material??? and not for ???packing material??? therefore, the Suits of the Plaintiffs have been dismissed.
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Matter:DECLARATION

181 . Suit 676/2019 Fazal E Rabi V/S Federation of Pakistan & Others. Sindh High Court, Karachi [SHC Citation: 2019- SHC-KHI - 139356 ]
Consignment of the Plaintiff was seized for alleged infringement of intellectual property rights of the complainant; however, the action taken was in violation of Rules 680 and 682 of the Customs Rules 2001 hence, the impugned seizure has been set aside by decreeing the Suit of the Plaintiff.
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Matter:SUIT FOR DECLERATION

182 . Const. P. 2847/2017 Sajjad Ahmed V/S P.O Sindh & others Sindh High Court, Circuit at Hyderabad

Topic: Constitution of Pakistan, 1973

[SHC Citation: 2019- SHC-HYD - 139357 ]
Declare that naming, renaming any street, road, government institute, town, or city after the name of any individual having no positive social, role, courage or exceptional dedication to service in ways that bring special credit to an area, city town is illegal, unlawful against the basic rights of citizens of particular areas, towns, cities and public at large.
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183 . Suit 5/2007 NOMAN ABID CO V/S NAVEED HAIDER Sindh High Court, Karachi [SHC Citation: 2019- SHC-KHI - 139291 ]
The Plaintiff has already received the amount of disputed cheque, therefore, the present suit was filed with mala fide intention and is not maintainable. Not only this, the overall conduct of the Plaintiff Company, from the time of granting Leave to Defend Application was not of a bona fide litigant. Hence, the present suit is dismissed with costs.
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Matter:RECOVERY OF AMOUNT

184 . Suit 862/2011 PERVAIZ HUSSAIN & ANOTHER V/S MIAN KHURRAM RASOOL Sindh High Court, Karachi [SHC Citation: 2019- SHC-KHI - 139312 ]
The Defendant issues / has issued the cheques in favour of Plaintiffs, but the same upon presentation could not be encashed because of closure of account, then this conduct on the part of Defendant is a mala fide one and is done with a dishonest intention to defraud the Plaintiffs. Hence, suit is decreed.
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Matter:U/O 37 CPC

185 . Cr.Acq.A. 89/2015 SYED MUHAMMAD AHSAN V/S MUNAWAR ALI NAQVI & ORS Sindh High Court, Karachi

Topic: Illegal Dispossession Act, 2005 (Section 8), Criminal Procedure Code Cr.P.C 1898 (Sub-section 4 of Section 403)

2020 YLR Sindh 1 [SHC Citation: 2019- SHC-KHI - 139056 ]
Illegal Dispossession Act, 2005 (Section 8), Illegal Dispossession Act, 2005 (Section 3)
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Matter:AGAINST THE JUDGEMENT

186 . Civil Revision 144/2014 Mst. Parveen Raza Jadun through her legal heirs V/S Bashir Ahmed Chandio and others Sindh High Court, Circuit at Hyderabad [SHC Citation: 2019- SHC-HYD - 139035 ]
(i). In direct benami claim requires a higher standard of proof; (ii) every transaction between family members cannot be recognized as benami; (iii). Claimant not challenged the purchase of property by father in favour of his son, during the life time of the father, then claim of Plaintiff (sister) is meritless.
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187 . Const. P. 2438/2017 Syed Ali Abbas Rizvi Thr. Nisar Muhammad V/S The Addl. Controller of Rents Clifton & Another Sindh High Court, Karachi [SHC Citation: 2019- SHC-KHI - 139151 ]
The petition is dismissed with costs as the impugned order is an interlocutory order and it does not suffer from any jurisdictional defect or error, this petition, being misconceived and malafide, is not maintainable. The learned Rent Controller is directed to decide the subject rent case within forty five (45) days from receipt of this order strictly in accordance with law and in view of consent order dated 24.08.2010 passed by this Court in C.P. No.S-597/2010 and the judgment delivered by this Court on 10.04.2009 in FRA No.38/2008, and to report compliance within seven (07) days thereafter to this Court through MIT-II.
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Matter:RENT MATTER

188 . Cr.J.A 81/2011 Abdul Fattah @ Fattoo V/S The State Sindh High Court, Bench at Sukkur [SHC Citation: 2019- SHC-SUK - 138997 ]
Whether every member of an unlawful assembly, in respect of an offence committed in prosecution of common object/intention, is guilty of that offence?
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189 . Const. P. 90/2007 Nizar Noor Ali &