1) 4658/2018 Const. P. Dewan Motors (Pvt) Ltd and Ors (Petitioner) V/S Fed. of Pakistan and Others (Respondent)
Sindh High Court, Karachi
Tag Line:

A Divisional Bench of this Court comprising of Mr. Justice Aqeel Ahmed Abbasi and Mr. Justice Abdul Maalik Gaddi, has pronounced the judgment on 06.08.2020 in the case of Dewan Motors (Pvt) Ltd. and others v. Federation of Pakistan & others (along with connected petitions), wherein, the Hon'ble bench of Sindh High Court has been pleased to dispose of all the petitions in the following terms:- " (i) The impugned sub-section (2) of Section 221-A of the Customs Act, 1969, as added vide Finance Act, 2018, is ultra vires to the Constitution of Islamic Republic of Pakistan, 1973, as through impugned amendment the legislature has attempted to validate constitutional defect while making amendment in sub-section (3) of Section 18 of the Customs Act, 1969, and issuance of SRO 1035(I)/2017 dated 16.10.2017, through Finance Act, 2017, however, without making the required constitutional amendment. (ii) The Regulatory Duty charged and collected pursuant to amendment in sub-section (3) of Section 18 of the Customs Act, 1969, and issuance of SRO 1035(I)/2017, through Finance Act, 2017, has already been declared by the Divisional Bench of this Court in the case of Premier Systems (Pvt) Ltd. v. Federation of Pakistan and others (2018 PTD 861), as illegal and unconstitutional in the light of judgment of the Hon'ble Supreme Court of Pakistan in the case of Mustafa Impex, Karachi & others vs. The Government of Pakistan & others, (PLD 2016 SC 808), therefore, in the absence of any constitutional amendment, cannot be validated through subsequent amendment in law, while giving it retrospective effect in respect of past and closed transaction, therefore, no Regulatory Duty can be charged, collected or recovered for the period starting from the date of commencement of Finance Act, 2017 till the date of commencement of Finance Act, 2018.
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Matter:CUSTOM (RD)
Hon'ble Mr. Justice Aqeel Ahmed Abbasi(Author), Hon'ble Mr. Justice Abdul Maalik Gaddi
Order Date: 06-AUG-20

2) 76/2018 I. A Muhammad Ahmed Siddiqui & another (Appellant) V/S Abdul Abid Advocate & another (Respondent)
Sindh High Court, Karachi
Matter:AGAINST THE JUDGMENT
Hon'ble Mr. Justice Muhammad Ali Mazhar(Author), Hon'ble Mr. Justice Agha Faisal
Order Date: 30-JUL-20


3) 189/2019 Criminal Appeal Azhar Ali & another (Appellant) V/S The State (Respondent)
Sindh High Court, Bench at Sukkur
Hon'ble Mr. Justice Adnan-ul-Karim Memon, Hon'ble Mr. Justice Yousuf Ali Sayeed(Author)
Order Date: 29-JUL-20


4) 307/2019 Cr.Misc. Muhammad Hassan Narejo & another (Applicant) V/S The State (Respondent)
Sindh High Court, Bench at Sukkur
Hon'ble Mr. Justice Adnan-ul-Karim Memon, Hon'ble Mr. Justice Yousuf Ali Sayeed(Author)
Order Date: 28-JUL-20


5) 558/2020 Const. P. Meer Hazar Khan Chandio & Others (Petitioner) V/S P.O Sindh & Others (Respondent)
Sindh High Court, Bench at Sukkur
Hon'ble Mr. Justice Adnan-ul-Karim Memon, Hon'ble Mr. Justice Yousuf Ali Sayeed(Author)
Order Date: 28-JUL-20


6) 634/2020 Const. P. Abdul Wahid & another (Petitioner) V/S P.O Sindh & Others (Respondent)
Sindh High Court, Bench at Sukkur
Hon'ble Mr. Justice Adnan-ul-Karim Memon, Hon'ble Mr. Justice Yousuf Ali Sayeed(Author)
Order Date: 28-JUL-20


7) 1019/2019 Const. P. Muhammad Ayaz Khan & Ors (Petitioner) V/S Fed. of Pakistan and Others (Respondent)
Sindh High Court, Karachi
Tag Line:

A Divisional Bench of this Court comprising of Mr. Justice Aqeel Ahmed Abbasi and Mr. Justice Mahmood A. Khan, has pronounced the judgment on 24.07.2020 in the case of Muhammad Ayaz Khan and others v. Federation of Pakistan & others (along with C.P.No.D-1046/2019), whereby, Members of the Establishment of Sindh High Court and Members of Establishment of the Establishment of sub-ordinate judiciary of Province of Sindh, expressed their grievance against withholding of income tax by the Accountant General Sindh on the amounts paid towards Judicial Allowance and Special Judicial Allowance by treating the same as part of their salary income chargeable to tax under the Income Tax Ordinance, 2001. The Hon'ble bench of Sindh High Court has been pleased to allow both these petitions in the following terms:- "In view of hereinabove facts and circumstances of the case, we are of the considered opinion that amount of judicial allowance and special judicial allowance paid to the Members of establishment of Sindh High Court as well as to the Members of the establishment of sub-ordinate judiciary of Province of Sindh falls within the exclusion in terms of clause (c) of sub-section (2) of Section 12 of the Income Tax Ordinance, 2001, therefore, not part of their taxable salary income, hence, not chargeable to Tax or deduction under Section 149 of the Income Tax Ordinance, 2001. Accordingly, withholding of income tax on the aforesaid amounts is hereby declared to be illegal and without lawful authority. Consequently, both the constitutional petitions are allowed along with listed applications. Respondents are directed not to withhold any amount of income tax from judicial allowance and special judicial allowance of the Members of establishment of Sindh High Court as well as the Members of establishment of sub-ordinate judiciary in Province of Sindh. The amounts already deducted from the salary of the Members of establishment of Sindh High Court as well as to the sub-ordinate judiciary, shall be refunded by the FBR, on their filing refund applications in accordance with law, preferably, within a period of three months from the date of such claims."
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Matter:INCOME TAX
Hon'ble Mr. Justice Aqeel Ahmed Abbasi(Author), Hon'ble Mr. Justice Mahmood A. Khan
Order Date: 24-JUL-20

8) 1046/2019 Const. P. Ashfaq Muhammad Awan and Ors (Petitioner) V/S Fed. of Pakistan and Others (Respondent)
Sindh High Court, Karachi
Tag Line:

A Divisional Bench of this Court comprising of Mr. Justice Aqeel Ahmed Abbasi and Mr. Justice Mahmood A. Khan, has pronounced the judgment on 24.07.2020 in the case of Muhammad Ayaz Khan and others v. Federation of Pakistan & others (along with C.P.No.D-1046/2019), whereby, Members of the Establishment of Sindh High Court and Members of Establishment of the Establishment of sub-ordinate judiciary of Province of Sindh, expressed their grievance against withholding of income tax by the Accountant General Sindh on the amounts paid towards Judicial Allowance and Special Judicial Allowance by treating the same as part of their salary income chargeable to tax under the Income Tax Ordinance, 2001. The Hon'ble bench of Sindh High Court has been pleased to allow both these petitions in the following terms:- "In view of hereinabove facts and circumstances of the case, we are of the considered opinion that amount of judicial allowance and special judicial allowance paid to the Members of establishment of Sindh High Court as well as to the Members of the establishment of sub-ordinate judiciary of Province of Sindh falls within the exclusion in terms of clause (c) of sub-section (2) of Section 12 of the Income Tax Ordinance, 2001, therefore, not part of their taxable salary income, hence, not chargeable to Tax or deduction under Section 149 of the Income Tax Ordinance, 2001. Accordingly, withholding of income tax on the aforesaid amounts is hereby declared to be illegal and without lawful authority. Consequently, both the constitutional petitions are allowed along with listed applications. Respondents are directed not to withhold any amount of income tax from judicial allowance and special judicial allowance of the Members of establishment of Sindh High Court as well as the Members of establishment of sub-ordinate judiciary in Province of Sindh. The amounts already deducted from the salary of the Members of establishment of Sindh High Court as well as to the sub-ordinate judiciary, shall be refunded by the FBR, on their filing refund applications in accordance with law, preferably, within a period of three months from the date of such claims."
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Matter:INCOME TAX
Hon'ble Mr. Justice Aqeel Ahmed Abbasi(Author), Hon'ble Mr. Justice Mahmood A. Khan
Order Date: 24-JUL-20

9) 32/2020 Const. P. Bashir Ahmed Phulpoto & others (Petitioner) V/S P.O. Sindh & others. (Respondent)
Sindh High Court, Bench at Sukkur
Hon'ble Mr. Justice Adnan-ul-Karim Memon, Hon'ble Mr. Justice Yousuf Ali Sayeed(Author)
Order Date: 23-JUL-20


10) 16/2020 Cr.Misc. P.C Nasir Hussain Arain (Applicant) V/S Hasnain Shah & 3 Ors (Respondent)
Sindh High Court, Bench at Sukkur
Hon'ble Mr. Justice Adnan-ul-Karim Memon, Hon'ble Mr. Justice Yousuf Ali Sayeed(Author)
Order Date: 16-JUL-20


11) 868/2019 Cr.Misc. Notan Lal (Applicant) V/S The State (Respondent)
Sindh High Court, Bench at Sukkur
Hon'ble Mr. Justice Yousuf Ali Sayeed(Author)
Order Date: 13-JUL-20


12) 89/2020 Const. P. Mst. Humera and another (Petitioner) V/S Province of Sindh & others (Respondent)
Sindh High Court, Circuit at Hyderabad
Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author)
Order Date: 10-AUG-20


13) 110/2019 Cr.Acq.A. Ghulam Muhammad (Appellant) V/S Sheeraz & another (Respondent)
Sindh High Court, Circuit at Hyderabad
Hon'ble Mr. Justice Abdul Maalik Gaddi(Author)
Order Date: 10-AUG-20


14) 115/2020 Criminal Appeal ZUR GUL PATHAN ( ZARGUN ALI ) & OTHERS (Appellant) V/S THE STATE & ANOTHER (Respondent)
Sindh High Court, Circuit at Hyderabad
Hon'ble Mr. Justice Abdul Maalik Gaddi(Author)
Order Date: 10-AUG-20


15) 163/2020 Cr.Bail Shahid Ahmed (Applicant) V/S The State (Respondent)
Sindh High Court, Circuit at Hyderabad
Hon'ble Mr. Justice Abdul Maalik Gaddi(Author)
Order Date: 10-AUG-20


16) 265/2020 Const. P. Mst. Aqeela and another (Petitioner) V/S Province of Sindh & others (Respondent)
Sindh High Court, Circuit at Hyderabad
Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author)
Order Date: 10-AUG-20


17) 286/2020 Const. P. Mst. Shahnaz & another (Petitioner) V/S Province of Sindh & others (Respondent)
Sindh High Court, Circuit at Hyderabad
Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author)
Order Date: 10-AUG-20


18) 321/2020 Cr.Bail Babar Ali (Applicant) V/S The State (Respondent)
Sindh High Court, Circuit at Hyderabad
Hon'ble Mr. Justice Abdul Maalik Gaddi(Author)
Order Date: 10-AUG-20


19) 364/2020 Cr.Bail Afzal Ali (Applicant) V/S The State (Respondent)
Sindh High Court, Circuit at Hyderabad
Hon'ble Mr. Justice Abdul Maalik Gaddi(Author)
Order Date: 10-AUG-20


20) 390/2020 Cr.Bail Zulfiqar Ali & another (Applicant) V/S The State (Respondent)
Sindh High Court, Circuit at Hyderabad
Hon'ble Mr. Justice Abdul Maalik Gaddi(Author)
Order Date: 10-AUG-20


21) 473/2020 Cr.Bail Ameer Ali (Applicant) V/S The State (Respondent)
Sindh High Court, Circuit at Hyderabad
Hon'ble Mr. Justice Abdul Maalik Gaddi(Author)
Order Date: 10-AUG-20


22) 548/2020 Cr.Bail Juma Khan & Another (Applicant) V/S The State (Respondent)
Sindh High Court, Circuit at Hyderabad
Hon'ble Mr. Justice Abdul Maalik Gaddi(Author)
Order Date: 10-AUG-20


23) 603/2020 Cr.Bail Rasool Bux and others (Applicant) V/S The State (Respondent)
Sindh High Court, Circuit at Hyderabad
Hon'ble Mr. Justice Abdul Maalik Gaddi(Author)
Order Date: 10-AUG-20


24) 613/2019 Cr.Misc. Abdul Wahab Abbasi & Others (Applicant) V/S P.O.Sindh & Others (Respondent)
Sindh High Court, Circuit at Hyderabad
Hon'ble Justice Mrs. Rashida Asad(Author)
Order Date: 10-AUG-20


25) 658/2020 Cr.Bail Nawab Ali @ Nawab Nabu (Applicant) V/S The State (Respondent)
Sindh High Court, Circuit at Hyderabad
Hon'ble Mr. Justice Abdul Maalik Gaddi(Author)
Order Date: 10-AUG-20


26) 684/2020 Cr.Bail Zulfiqar Ali (Applicant) V/S The State (Respondent)
Sindh High Court, Circuit at Hyderabad
Hon'ble Mr. Justice Abdul Maalik Gaddi(Author)
Order Date: 10-AUG-20


27) 707/2020 Cr.Bail Shahmir Khan (Applicant) V/S The State (Respondent)
Sindh High Court, Circuit at Hyderabad
Hon'ble Mr. Justice Abdul Maalik Gaddi(Author)
Order Date: 10-AUG-20


28) 708/2020 Cr.Bail ABID GADDI (Applicant) V/S THE STATE (Respondent)
Sindh High Court, Circuit at Hyderabad
Hon'ble Mr. Justice Abdul Maalik Gaddi(Author)
Order Date: 10-AUG-20


29) 755/2020 Cr.Bail SAMIUULAH (Applicant) V/S THE STATE (Respondent)
Sindh High Court, Circuit at Hyderabad
Hon'ble Mr. Justice Abdul Maalik Gaddi(Author)
Order Date: 10-AUG-20


30) 770/2020 Cr.Bail Ibrahim & Ors (Applicant) V/S The State (Respondent)
Sindh High Court, Circuit at Hyderabad
Hon'ble Mr. Justice Abdul Maalik Gaddi(Author)
Order Date: 10-AUG-20


31) 87/2020 Cr.Bail ATTA MUHAMMAD (Applicant) V/S THE STATE (Respondent)
Sindh High Court, Circuit at Hyderabad
Hon'ble Justice Mrs. Rashida Asad(Author)
Order Date: 07-AUG-20


32) 124/2019 Civil Revision Khair Muhammad Brohi & others (Applicant) V/S District Judge Matiari & others (Respondent)
Sindh High Court, Circuit at Hyderabad
Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author)
Order Date: 07-AUG-20


33) 155/2019 Cr.J.A Ameer Shah (Appellant) V/S The State (Respondent)
Sindh High Court, Circuit at Hyderabad
Hon'ble Mr. Justice Abdul Maalik Gaddi(Author)
Order Date: 07-AUG-20


34) 327/2020 Cr.Bail Javed Ali (Applicant) V/S The State (Respondent)
Sindh High Court, Circuit at Hyderabad
Hon'ble Mr. Justice Abdul Maalik Gaddi(Author)
Order Date: 07-AUG-20


35) 378/2020 Cr.Bail Muhammad Salman (Applicant) V/S The State (Respondent)
Sindh High Court, Circuit at Hyderabad
Hon'ble Mr. Justice Abdul Maalik Gaddi(Author)
Order Date: 07-AUG-20


36) 402/2020 Cr.Bail Sajjad Ahmed (Applicant) V/S The State (Respondent)
Sindh High Court, Circuit at Hyderabad
Hon'ble Mr. Justice Abdul Maalik Gaddi(Author)
Order Date: 07-AUG-20


37) 429/2020 Cr.Bail Muhammad Ismail Mari & Others (Applicant) V/S The State (Respondent)
Sindh High Court, Circuit at Hyderabad
Hon'ble Mr. Justice Abdul Maalik Gaddi(Author)
Order Date: 07-AUG-20


38) 442/2020 Cr.Bail Shah Mehran (Applicant) V/S The State (Respondent)
Sindh High Court, Circuit at Hyderabad
Hon'ble Mr. Justice Abdul Maalik Gaddi(Author)
Order Date: 07-AUG-20


39) 464/2020 Cr.Bail Liaqat Ali Brohi (Applicant) V/S THe State (Respondent)
Sindh High Court, Circuit at Hyderabad
Hon'ble Mr. Justice Abdul Maalik Gaddi(Author)
Order Date: 07-AUG-20


40) 45/2020 Criminal Appeal Bashir Ahmed (Appellant) V/S The State (Respondent)
Sindh High Court, Circuit at Hyderabad
Hon'ble Mr. Justice Abdul Maalik Gaddi(Author), Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author)
Order Date: 06-AUG-20


41) 90/2019 Cr.J.A Ahsan @ Keso (Appellant) V/S The State (Respondent)
Sindh High Court, Circuit at Hyderabad
Hon'ble Mr. Justice Abdul Maalik Gaddi(Author), Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author)
Order Date: 06-AUG-20


42) 370/2020 Cr.Misc. NOOR MUHAMMAD (Applicant) V/S EX OFFICIO JUSTICE OF PEACE A.D.J I TANDO ALLAHYAR (Respondent)
Sindh High Court, Circuit at Hyderabad
Hon'ble Mr. Justice Abdul Maalik Gaddi(Author)
Order Date: 06-AUG-20


43) 1975/2015 Const. P. Pir Ashfaq Ahmed Sarhandi & Ors (Petitioner) V/S P.O Sindh & Ors (Respondent)
Sindh High Court, Circuit at Hyderabad
Hon'ble Mr. Justice Abdul Maalik Gaddi(Author), Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author)
Order Date: 06-AUG-20


44) 2194/2013 Const. P. Muhammad Anwer and others (Petitioner) V/S Fouji Foundation Model School & others (Respondent)
Sindh High Court, Circuit at Hyderabad
Hon'ble Mr. Justice Abdul Maalik Gaddi, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author)
Order Date: 06-AUG-20


45) 212/2019 Criminal Appeal Parvaiz (Appellant) V/S The State (Respondent)
Sindh High Court, Circuit at Hyderabad
1200 grams of charas appeal allowed
Tag Line:

1200 grams of charas appeal allowed
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Hon'ble Mr. Justice Abdul Maalik Gaddi(Author), Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author)
Order Date: 05-AUG-20

46) 738/2020 Const. P. Ghulam Qadir Kaloi (Petitioner) V/S Province Of Sindh & others (Respondent)
Sindh High Court, Circuit at Hyderabad
Hon'ble Mr. Justice Abdul Maalik Gaddi(Author), Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author)
Order Date: 05-AUG-20


47) 1748/2010 Const. P. Allah Jurio (Petitioner) V/S Commandant/Principal Cadet College Sanghar (Respondent)
Sindh High Court, Circuit at Hyderabad
Hon'ble Mr. Justice Abdul Maalik Gaddi(Author), Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author)
Order Date: 05-AUG-20


48) 18/2019 I. A National Bank of Pakistan (Appellant) V/S Abdul Sattar & Others (Respondent)
Sindh High Court, Circuit at Hyderabad
Hon'ble Mr. Justice Abdul Maalik Gaddi(Author), Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author)
Order Date: 04-AUG-20


49) 26/2019 I. A Rahim Dino & another (Appellant) V/S Learned Asst: Commissioner/ LAO Islamkot @ Mithi (Respondent)
Sindh High Court, Circuit at Hyderabad
Hon'ble Mr. Justice Abdul Maalik Gaddi(Author), Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author)
Order Date: 04-AUG-20


50) 36/2006 Const. P. Mumtaz Ali. (Petitioner) V/S Secretary to the Govt Of Pakistan and Others. (Respondent)
Sindh High Court, Circuit at Hyderabad
Hon'ble Mr. Justice Abdul Maalik Gaddi(Author), Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author)
Order Date: 04-AUG-20


51) 54/2020 Cr.Rev Chutto Khan (Applicant) V/S The State (Respondent)
Sindh High Court, Circuit at Hyderabad
Hon'ble Mr. Justice Abdul Maalik Gaddi(Author)
Order Date: 04-AUG-20


52) 382/2020 Const. P. Pir Abdul Malik (Petitioner) V/S Muhammad Zakriya & Other (Respondent)
Sindh High Court, Circuit at Hyderabad
Hon'ble Mr. Justice Abdul Maalik Gaddi(Author), Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author)
Order Date: 04-AUG-20


53) 3029/2015 Const. P. Fakeer Manthar (Petitioner) V/S Prov of Sindh & Ors (Respondent)
Sindh High Court, Circuit at Hyderabad
Hon'ble Mr. Justice Abdul Maalik Gaddi(Author), Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author)
Order Date: 04-AUG-20


54) 538/2020 Suit Pakistan Airline Pilots (Plaintiff) V/S Federation of Pakistan & another (Defendant)
Sindh High Court, Karachi
Tag Line:

The issue involved was that whether the Notification dated 28.4.2020 under the Pakistan Essential Services (Maintenance) Act, 1952 has been validly issued and applied on the employees of PIA and whether the Notice dated 30.04.2020 terminating the Working Agreement has been issued validly and whether the proceedings in the Suit should be stayed under Section 34 of the Arbitration Act as there is an arbitration clause. The injunction application has been dismissed; and application under Section 34 has been allowed by staying the proceedings of Suit, as provisions of Section 41 of the Arbitration Act cannot be invoked by a Plaintiff for an interim relief who has filed a Suit for Declaration instead of invoking the provision of the Arbitration Act, and further that the notification for placing the employment of PIA under Essential Services has been validly issued.
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Matter:SUIT FOR DECLERATION
Hon'ble Mr. Justice Muhammad Junaid Ghaffar(Author)
Order Date: 29-JUL-20

55) 508/2020 Cr.Bail ABDUL RASHEED S/O GHULAM RASOOL (Applicant) V/S THE STATE (Respondent)
Sindh High Court, Karachi
Matter:BAIL AFTER ARREST
Hon'ble Mr. Justice Adnan Iqbal Chaudhry(Author)
Order Date: 28-JUL-20


56) 254/2019 Cr.Bail Abdul Shakoor Jamro (Applicant) V/S The State (Respondent)
Sindh High Court, Bench at Sukkur
Hon'ble Mr. Justice Yousuf Ali Sayeed(Author)
Order Date: 23-JUL-20


57) 829/2020 Cr.Bail ALLAH MUHAMMAD S/O KHUDA NOOR (Applicant) V/S THE STATE (Respondent)
Sindh High Court, Karachi
Tag Line:

(1) Direction by a superior Court to the trial court to conclude a trial within a specified period is an administrative direction, and non-compliance thereof does not ipso facto entitle an accused person to be admitted to bail. (2) Return of the stolen amount by the accused cannot be taken as a ground in itself to grant bail independent of the merits of the case.
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Matter:BAIL AFTER ARREST
Hon'ble Mr. Justice Adnan Iqbal Chaudhry(Author)
Order Date: 22-JUL-20

58) 656/2020 Suit M/s. Pak Steel Mills & another. (Plaintiff) V/S Federation of Pakistan & Others. (Defendant)
Sindh High Court, Karachi
Matter:SUIT FOR DECLERATION
Hon'ble Mr. Justice Zulfiqar Ahmad Khan(Author)
Order Date: 30-JUN-20


59) 329/2020 Suit Danish Akhtar & others. (Plaintiff) V/S Directorate of Estate Projects & others. (Defendant)
Sindh High Court, Karachi
Matter:LAND MATTERS
Hon'ble Mr. Justice Zulfiqar Ahmad Khan(Author)
Order Date: 11-JUN-20


60) 576/2020 Suit Sohail Ilahi & others. (Plaintiff) V/S Usman Elahi & others. (Defendant)
Sindh High Court, Karachi
Matter:ARBITRATION
Hon'ble Mr. Justice Zulfiqar Ahmad Khan(Author)
Order Date: 11-JUN-20


61) 555/2020 Suit M/s Taj Medicos (Plaintiff) V/S Public Procurement Regulatory Authority & others. (Defendant)
Sindh High Court, Karachi
Topic: Auction
Matter:SUIT FOR DECLERATION
Hon'ble Mr. Justice Zulfiqar Ahmad Khan(Author)
Order Date: 04-JUN-20


62) 2285/2020 Const. P. Mst Bisma Noreen/ Ammer Jahan (Petitioner) V/S Federation of Pakistan & Others (Respondent)
Sindh High Court, Karachi
Matter:AGAINST AMENDMENT ACT
Hon'ble Mr. Justice Muhammad Ali Mazhar(Author), Hon'ble Mr. Justice Yousuf Ali Sayeed
Order Date: 04-JUN-20


63) 977/2014 Suit Asim Jofa. (Plaintiff) V/S K.M.C. & Others. (Defendant)
Sindh High Court, Karachi
Matter:DECLARATION
Hon'ble Mr. Justice Zulfiqar Ahmad Khan(Author)
Order Date: 01-JUN-20


64) 733/2003 Suit COL. (RETD) MUHAMMAD SHARIF (Plaintiff) V/S SQ. LDR. NOW LT. COL. (RETD) GHULAM FARI (Defendant)
Sindh High Court, Karachi
Matter:SPECIFIC PERFORMANCE
Hon'ble Mr. Justice Arshad Hussain Khan
Order Date: 29-MAY-20


65) 1409/2001 Suit TRADING CORP. OF PAK. PVT. LTD. (Plaintiff) V/S M/S. COX & KING AGENTS (Defendant)
Sindh High Court, Karachi
Matter:RECOVERY
Hon'ble Mr. Justice Arshad Hussain Khan(Author)
Order Date: 29-MAY-20


66) 620/2014 Const. P. The Fauji Foundation Charitable Trust (Petitioner) V/S Federal Land Commission & others (Respondent)
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
Tag Line:

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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Hon'ble Mr. Justice Muhammad Shafi Siddiqui(Author), Hon'ble Mr. Justice Muhammad Faisal Kamal Alam
Order Date: 09-APR-20

67) 1905/2011 Const. P. Hyderabad Municipal Corporation (Petitioner) V/S Province of Sindh & others (Respondent)
Sindh High Court, Circuit at Hyderabad

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

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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Hon'ble Mr. Justice Muhammad Shafi Siddiqui(Author), Hon'ble Mr. Justice Muhammad Faisal Kamal Alam
Order Date: 08-APR-20

68) 141/2017 Const. P. Muhammad Usman (Petitioner) V/S PTCL and Ors (Respondent)
Sindh High Court, Karachi
Topic: Pakistan Telecommunication (Reorganization) Act, 1996, Pakistan Telecommunication Corporation Act, 1991, Civil Servants Act, 1973, Constitution of Pakistan, 1973
Tag Line:

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
Advocates:Mr. Irfan Mir Halepota(),Zia-ul-Makhdoom()
Hon'ble Mr. Justice Muhammad Shafi Siddiqui(Author), Hon'ble Mr. Justice Zulfiqar Ahmad Khan
Order Date: 19-DEC-19

69) 124/2019 Const. P. Muhammad Zafar Mobijo (Petitioner) V/S P.O SIndh & others (Respondent)
Sindh High Court, Bench at Sukkur
Hon'ble Mr. Justice Irshad Ali Shah(Author)
Order Date: 20-MAY-19