Latest Judgments

Newly reported judgments from the Supreme Court of Pakistan, the High Courts and tribunals, added as they are processed — free, full text, updated daily. Judgments marked NEW were added in the most recent update. 46,805 judgments in total from the Sindh High Court.

• Gul Muhammad vs The State2011 YLR 1997 · Sindh High Court · 2010-12-31
  post-arrest bailfurther inquiryrobberyidentification paradeconfession to policecriminal bail application
  Summary & questions settled

  This matter concerns a post-arrest bail application filed by the applicant, who was charged under Section 17(3) of the Offences Against Property (Enforcement of Hudood) Ordinance, 1979, following an alleged robbery of a truck and its contents. The core legal question was whether the applicant was entitled to bail given the lack of incriminating evidence, such as recovery or identification, despite the trial court's initial refusal based on an alleged admission of guilt to the police. The High Court held that the applicant was entitled to bail, finding that the case against him required further inquiry. The court reasoned that an admission made before the police holds no legal consequence for bail purposes. Furthermore, the court noted the absence of any identification parade or recovery of stolen property from the applicant. The key principle laid down is that where there is no prima facie evidence connecting an accused to the commission of an offence, the case falls within the scope of further inquiry under Section 497(2) of the Code of Criminal Procedure 1898, necessitating the grant of bail.

  Questions settled

  • Does an admission of guilt made before the police constitute sufficient grounds to deny bail?
  • When does a criminal case fall within the scope of further inquiry under Section 497(2) of the Code of Criminal Procedure 1898?
  • Is the absence of an identification parade or recovery of property a valid ground for granting bail?
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• Gul Muhammad vs Chairman, Agriculture Market Committee, K.N. Shah2011 CLC 1401 · Sindh High Court · 2010-07-07Read full judgment →
• Gul Hassan vs The State2011 YLR 1662 · Sindh High Court · 2008-07-28
  post-arrest bailharaabahidentification paradefurther inquiryrobberyhudood ordinance
  Summary & questions settled

  This criminal bail application assails the trial court order refusing post-arrest bail to the applicant in a case registered under Section 20 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979 (referred to in the judgment as section 20 Harrabah Hudood). The core legal question is whether the applicant is entitled to post-arrest bail on the grounds of further inquiry, lack of identification parade reliability, absence of recovery, and inapplicable penal provisions. The Sindh High Court held that since no eye-witness was cited, the offence under Haraabah was not attracted, and that the delayed identification parade after eight days of arrest raised sufficient grounds for further inquiry, especially considering the applicant had been behind bars for over a year without trial. The court laid down the principle that unexplained delay in holding an identification parade of a prisoner already in custody, coupled with the absence of recovery and lack of eye-witnesses, makes the case one of further inquiry under Section 497(2) of the Code of Criminal Procedure, 1898, warranting the grant of bail.

  Questions settled

  • Whether the unexplained delay in conducting an identification parade after the arrest of an accused makes out a case for further inquiry?
  • Is an accused entitled to bail when no recovery has been effected from him or on his pointation?
  • Does the absence of eye-witnesses exclude the application of the offence of Haraabah?
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• Gul Beg vs Station House Officer, Police Station Kamber and 2 others2011 YLR 1598 · Sindh High Court · 2010-05-18Read full judgment →
• Gul Bahar and another vs The State2011 P Cr. L J 985 · Sindh High Court · 2011-01-24
  post-arrest bailrule of consistencyfurther inquiryrobberyindependent witnessescriminal bail application
  Summary & questions settled

  This matter concerns a post-arrest bail application filed by two accused persons, Gul Bahar and Abdul Majeed, charged under Section 394 of the Pakistan Penal Code 1860 and Section 17/3 of the Offences Against Property (Enforcement of Hudood) Ordinance 1979. The core legal question was whether the applicants were entitled to bail given the prosecution's allegations of robbery and specific roles assigned in the F.I.R., versus the defense's claims of false implication, lack of independent witnesses, and the rule of consistency. The Court held that the applicants were entitled to bail. The ratio of the decision rests on the fact that the case required further inquiry under Section 497(2) of the Code of Criminal Procedure 1898, due to the absence of recovery of the substantial robbed property, the lack of independent witnesses in a crowded area, the delay in lodging the F.I.R., and the absence of medical reports. Furthermore, the Court applied the principle of consistency, noting that a co-accused had already been granted bail by the trial court.

  Questions settled

  • Does the failure to associate independent witnesses in a crowded area during a robbery investigation entitle the accused to the benefit of further inquiry for bail?
  • Is an accused entitled to bail under the rule of consistency if a co-accused facing similar allegations has already been granted bail?
  • Does the absence of recovery of the alleged stolen property constitute grounds for further inquiry under Section 497(2) of the Code of Criminal Procedure 1898?
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• Guangdong Overseas Constructiongroup Company Ltd. through GeneralManager vs Creek Marina Private Limited and 2 others2011 CLD 648 · Sindh High Court · 2011-03-12Read full judgment →
• Guangdong Overseas Construction Group Company Ltd. through GeneralManager vs Creek Marina Private Limited and 2 others2011 PLD Karachi 304 · Sindh High Court · 2011-03-12
  bank guaranteeperformance bondinterim injunctionarbitrationmobilization advanceindependent contractmistake of factestoppel by convention
  Summary & questions settled

  This judgment addresses an application under Section 41 of the Arbitration Act 1940 seeking an interim injunction to restrain the defendants from encashment of certain bank guarantees and a performance bond issued in connection with a construction contract. The core legal questions revolved around whether the guarantees were void for lack of consideration or mistake of fact due to the alleged non-execution of a formal Letter of Award, and whether the court should restrain the encashment of unconditional bank guarantees and performance bonds during ongoing disputes. The Sindh High Court held that bank guarantees and performance bonds are autonomous, independent contracts separate from the underlying commercial agreement, and courts will generally not restrain their encashment unless there is established fraud or exceptional circumstances involving irretrievable injustice. Finding that the plaintiff had committed prima facie defaults in performing its obligations and that no case for fraud or special equities was made out, the court dismissed the injunction application regarding the active guarantees.

  Questions settled

  • Whether an unconditional bank guarantee or performance bond can be restrained from encashment by a court in the absence of established fraud or special equities?
  • Does a mistake of fact by one party alone render a contract voidable under Section 22 of the Contract Act 1872?
  • Whether a bank guarantee constitutes an independent and autonomous contract separate from the underlying primary contract between the parties?
  • Can a plaintiff obtain an interim injunction against the encashment of performance guarantees without establishing a prima facie case of default by the beneficiary or special equities?
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• Ghulamullah Alias Kariri And Another vs The State2011 YLR 1058 · Sindh High Court · 2010-05-31
  police encounterbenefit of the doubtmurderanti-terrorismappellants acquittalconflicting medical evidenceocular testimony
  Summary & questions settled

  This criminal appeal challenges the judgment of the Special Judge Anti-Terrorism Court-III, Sukkur, convicting the appellants under sections 302, 324, and 353 read with section 34 of the Pakistan Penal Code, section 7(1) of the Anti-Terrorism Act, 1997, and the Arms Ordinance, arising out of a police encounter. The core legal question involves determining whether the prosecution proved its case beyond reasonable doubt, specifically regarding the reliability of the ocular testimony, identification of the accused, and inconsistencies between medical and ocular evidence. The Sindh High Court held that numerous material contradictions, conflicting distances between ocular and medical evidence, lack of independent corroboration despite populated surroundings, and the implausibility of a three-hour encounter resulting in zero injuries to the two accused against over a hundred police personnel created serious doubts in the prosecution's case. Consequently, the court laid down the principle that when the prosecution's evidence contains significant dents and fails to satisfy a prudent mind, the benefit of the doubt must be extended to the accused as a matter of right.

  Questions settled

  • Whether contradictions between ocular testimony and medical evidence regarding the firing distance are fatal to the prosecution's case?
  • Does the failure to associate independent witnesses from nearby populated areas during a prolonged police encounter create sufficient doubt to warrant acquittal?
  • Is an accused entitled to the benefit of the doubt as a matter of right when the prosecution evidence fails to satisfy a prudent mind?
  • Whether the absence of any injuries on the accused during an alleged three-hour gun battle with a large police party renders the prosecution story doubtful?
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• Ghulam Siddique Soomro vs The State through AntiCorruption/ Circle2011 MLD 133 · Sindh High Court · 2010-07-05
  quashment of proceedingsabuse of processcertified copyanti-corruptioncriminal miscellaneous applicationbona fide official duty
  Summary & questions settled

  This matter arises from a criminal miscellaneous application filed under Section 561-A of the Code of Criminal Procedure 1898 seeking the quashment of proceedings in a special case pending before the Special Judge Anti-Corruption. The core legal question is whether the issuance of a certified true copy of a pre-existing official record by a public servant constitutes an offence justifying criminal trial and whether continuation of such proceedings amounts to an abuse of the process of the court. The court held that since the record in question already existed and no forgery or false entry was attributed to the applicant, the issuance of its certified copy was a bona fide discharge of official duty with no probability of conviction. Consequently, the court quashed the proceedings against the applicant, laying down the principle that criminal proceedings lacking evidentiary basis and carrying no probability of conviction constitute an abuse of process and warrant quashment under Section 561-A of the Code of Criminal Procedure 1898.

  Questions settled

  • Does the issuance of a certified true copy of a pre-existing official record by a public servant constitute a criminal offence?
  • Can criminal proceedings be quashed under Section 561-A of the Code of Criminal Procedure 1898 when there is no probability of conviction?
  • Does the prolonged pendency of a trial without progress or sufficient material against an accused amount to an abuse of the process of the court?
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• Ghulam Shabbir And Others S vs The State2011 YLR 1074 · Sindh High Court · 2011-02-09
  post-arrest bailnon-recovery of corpus delictidelay in F.I.R.police opinionfurther inquirybenefit of doubt
  Summary & questions settled

  This criminal bail application before the Sindh High Court arose from F.I.R. No. 24 of 2010 registered at Police Station Katcho Bindi District Ghotki, concerning an alleged murder committed during a displacement caused by floods, where the complainant's father was allegedly shot, thrown into the river, and the body was never recovered. The core legal questions involved whether delay in lodging the F.I.R., general allegations, police opinions declaring co-accused innocent in challan column 2, and non-recovery of the corpus delicti and crime weapons warranted the grant of post-arrest bail. The court held that enmity cuts both ways, a five-day delay by an illiterate complainant during flood displacement is not fatal, police opinions are not binding on courts in bail matters, but the total absence of corpus delicti, blood-stained earth, and crime empties creates reasonable grounds for further inquiry. Consequently, the court granted post-arrest bail to the applicant, laying down that the non-recovery of the dead body and forensic evidence, coupled with surrounding doubts, entitles the accused to the benefit of doubt even at the bail stage.

  Questions settled

  • Does the non-recovery of the corpus delicti and crime empties entitle an accused to post-arrest bail?
  • Is a police opinion declaring an accused innocent in column 2 of the challan binding on the court in bail matters?
  • Whether a five-day delay in lodging the F.I.R. by an illiterate complainant during flood displacement is fatal to the prosecution's case at the bail stage?
  • Does previous enmity between parties serve as a ground for granting bail?
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• Ghulam Sarwar vs Mukhtiarkar (Revenue) Taluka Qasimabad, Hyderabad and 3 others2011 CLD 1221 · Sindh High Court · 2009-04-29Read full judgment →
• Ghulam Qadir vs Shrimati Sadori Bai and 3 others2011 MLD 1739 · Sindh High Court · 2011-02-04Read full judgment →
• Ghulam Qadir vs Sharimati Sadori Baie And 2 Others2011 YLR 2560 · Sindh High Court · 2011-02-11Read full judgment →
• Ghulam Qadir And Another vs The State2011 YLR 2361 · Sindh High Court · 2011-04-10
  murderocular evidencerelated witnessesmedical corroborationcriminal appeallife imprisonmentfirearm injuries
  Summary & questions settled

  This criminal appeal challenges the judgment of the Sessions Judge, Jacobabad, convicting the appellants under section 302(b), Pakistan Penal Code 1860, for the murder of the deceased and sentencing them to life imprisonment as Tazir with compensation. The core legal question revolves around whether the prosecution successfully proved its case beyond a reasonable doubt through consistent ocular testimony, prompt F.I.R., medical evidence, and recovery of weapons, despite the witnesses being related to the deceased and a passer-by witness not supporting the prosecution. The Sindh High Court dismissed the appeal, holding that the ocular testimony of related witnesses was trustworthy, natural, corroborated by medical evidence and recovery of crime empties and weapons, and that mere relationship does not discredit otherwise confidence-inspiring testimony. The key principle laid down is that the evidence of related witnesses cannot be discarded solely on the ground of relationship if it is consistent, reliable, and corroborated by medical and circumstantial evidence, and that a witness turning hostile or not supporting the prosecution due to fear or being won-over does not automatically destroy a solid prosecution case.

  Questions settled

  • Whether the testimony of related witnesses can be relied upon for conviction in a murder trial without independent corroboration?
  • Does the failure of an injured passer-by witness to support the prosecution case render the entire prosecution evidence untrustworthy?
  • Whether recovery of weapons and matching empty shells provide sufficient circumstantial corroboration to ocular testimony?
  • Can a prompt F.I.R. and consistent medical evidence overcome minor discrepancies in a criminal trial?
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• Ghulam Mustafa vs The State2011 MLD 356 · Sindh High Court · 2010-09-09
  post-arrest bailfurther enquirydelayed FIRgeneral allegationsovert acttribal feud
  Summary & questions settled

  This is a criminal bail application filed before the Sindh High Court by the applicant Ghulam Mustafa, who was booked in Crime No. 293 of 2009 at Police Station Ubauro under sections 302, 364, 436, 147, 148, and 149 of the Pakistan Penal Code. The core legal question revolved around whether the applicant was entitled to post-arrest bail given the unassigned general roles, lack of recovery, unexplained delay in lodging the F.I.R., and previous tribal enmity. The court held that since no specific overt act was attributed to the applicant, no recovery was effected, and there was an unexplained delay of five days coupled with previous enmity, the case fell squarely within the scope of further enquiry under subsection (2) of section 497 of the Code of Criminal Procedure. The key principle laid down is that general allegations without specific overt acts, coupled with delay in the F.I.R. and admitted enmity, make out a case for further inquiry warranting the grant of post-arrest bail.

  Questions settled

  • Whether delay in lodging the F.I.R. along with general allegations without attributing specific overt acts makes a case for further enquiry under Section 497(2), Code of Criminal Procedure 1898?
  • Does the absence of any recovery from the accused justify the grant of post-arrest bail in heinous offences?
  • Whether previous enmity between rival communities can be considered a ground for admitting an accused to bail?
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• Ghulam Mustafa vs Mst. Naheed And Another2011 L R 2420 · Sindh High Court · 2011-01-25Read full judgment →
• Ghulam Mustafa and 2 others vs The State2011 PLD Karachi 394 · Sindh High Court · 2001-05-27
  suspension of sentencebail pending appealdelay in appeallife imprisonmentCode of Criminal Procedurestatutory bail
  Summary & questions settled

  This application was filed under Section 426 of the Code of Criminal Procedure 1898, seeking suspension of sentences and grant of bail for three appellants convicted of life imprisonment. The core legal question was whether the appellants were entitled to bail under the newly inserted subsection (1A) of Section 426, given that their appeal had remained pending for several years beyond the statutory timeframe. The Court held that the appellants were entitled to bail, concluding that the delay in the appeal's disposal was not attributable to their conduct but rather to procedural adjournments and external factors. The Court established that while it is obligated to examine the cause of delay before granting relief under Section 426(1A), it must avoid deep reappraisal of evidence or merits, which is reserved for the final appeal hearing. Furthermore, the Court affirmed that the statutory right to bail arises when an appeal is not decided within the prescribed periods, provided the applicant is not a hardened criminal or a previously convicted offender for serious offenses.

  Questions settled

  • Does the court have the authority to reappraise evidence while deciding an application for suspension of sentence under Section 426 of the Code of Criminal Procedure 1898?
  • What is the effect of the Code of Criminal Procedure (Amendment) Act, 2011 on the grant of bail to convicts whose appeals remain pending beyond the statutory period?
  • Is a court required to determine the cause of delay in an appeal before granting bail under Section 426(1A) of the Code of Criminal Procedure 1898?
  • What happens to the period of suspension of sentence if the appeal of the accused is ultimately dismissed?
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• Ghulam Mustafa Abbasi vs The State through ACE and another2011 MLD 421 · Sindh High Court · 2010-08-26
  quashment of proceedingsinherent jurisdictionsub-registrarregistration of documentsforged power of attorneyanti-corruptionabuse of process of law
  Summary & questions settled

  This criminal miscellaneous application was filed under section 561-A of the Code of Criminal Procedure 1898 seeking the quashment of F.I.R. No. 29 of 2006 registered at the Anti-Corruption Establishment, Karachi, and all subsequent proceedings against the applicant, a Sub-Registrar accused of registering a sub-power of attorney based on allegedly forged documents. The core legal question was whether a Sub-Registrar is legally bound to verify the underlying validity and authenticity of previously registered documents presented for registration, and whether continuation of criminal proceedings against the applicant constituted an abuse of the process of the court. The Sindh High Court held that registering officers are not concerned with the validity or title of documents brought to them for registration, provided statutory requirements regarding the identity of the executant and proper presentation under the Registration Act 1908 and the West Pakistan Registration Rules 1929 are met. The court laid down the principle that under Rule 135 of the West Pakistan Registration Rules 1929 and settled apex court jurisprudence, a Sub-Registrar cannot be held criminally liable for fraud or forgery merely for registering a document upon proper identification without establishing a direct nexus to any illegal gratification or dishonest intention, and that inherent powers under section 561-A of the Code of Criminal Procedure 1898 may be invoked to quash proceedings to prevent an abuse of process.

  Questions settled

  • Whether a Sub-Registrar is legally bound to verify the authenticity and validity of the first or underlying document when presented with a subsequent deed for registration?
  • Can criminal proceedings against a public servant be quashed under section 561-A of the Code of Criminal Procedure 1898 when anti-corruption committees have recommended dropping the case and no nexus of criminality is established?
  • Does a Registering Officer incur criminal liability for fraud or cheating merely by registering a document presented by an identified executant in accordance with the Registration Act 1908?
  • What is the scope and nature of the inherent jurisdiction of the High Court under section 561-A of the Code of Criminal Procedure 1898 to quash criminal proceedings after the framing of a charge?
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• Ghulam Murtaza vs The State2011 YLR 1147 · Sindh High Court · 2010-07-21
  post-arrest bailfurther inquirydelay in FIRinconsistent statementscommon intentionmurder
  Summary & questions settled

  This matter arises from a post-arrest bail application filed by applicant Ghulam Murtaza, who was implicated in F.I.R. Crime No. 18 of 2010 registered at Police Station Abad, District Sukkur, for offences under sections 302, 342, 337-H(2), and 34 of the Pakistan Penal Code 1860. The core legal question concerns whether the applicant is entitled to post-arrest bail in view of inconsistencies in the prosecution's case, delayed F.I.R. and witness statements, and a lack of incriminating recovery. The Sindh High Court held that the unexplained delays in lodging the F.I.R. and recording statements under section 161 of the Code of Criminal Procedure 1898, coupled with inconsistencies between the F.I.R. and witness statements, rendered the case one of further inquiry under section 497(2) of the Code of Criminal Procedure 1898. The court laid down the principle that while deeper appreciation of evidence is avoided at the bail stage, a bird's-eye view of the material must be taken to prima facie assess connectivity, and patent inconsistencies and unexplained investigative delays create sufficient doubt to warrant the grant of bail.

  Questions settled

  • Does an unexplained delay in lodging the FIR and recording witness statements under Section 161 of the Code of Criminal Procedure 1898 make out a case for further inquiry under Section 497(2) of the Code of Criminal Procedure 1898?
  • Whether post-arrest bail can be granted when the prosecution story is inconsistent with the statements of eye-witnesses?
  • Is an accused entitled to bail when no weapon or incriminating material is recovered from him?
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• Ghulam Murtaza Jamali vs The State2011 YLR 2300 · Sindh High Court · 2011-01-17
  post-arrest bailextortionfurther inquiryrecovery mashirsprohibitory clausecriminal bail application
  Summary & questions settled

  This matter concerns two criminal bail applications filed by the accused, Ghulam Murtaza and Abdul Qadir, seeking post-arrest bail in connection with an F.I.R. registered for extortion and terrorism-related offenses. The core legal question was whether the applicants were entitled to the concession of bail given the evidentiary challenges and the nature of the alleged offenses. The prosecution alleged that the accused demanded 'bhatta' (extortion money) via mobile phone and subsequently collected it, leading to the arrest of one accused with the marked currency. The court held that the applicants were entitled to bail. The ratio of the decision rests on the finding that the prosecution's case required further inquiry due to significant procedural lapses, specifically the absence of independent witnesses, the fact that the recovery mashirs were subordinates of the complainant, and the lack of a contemporaneous mashirnama prepared at the scene of the recovery. The court established the principle that where the prosecution's evidence is marred by procedural irregularities and the case falls outside the prohibitory clause of the relevant bail statute, the accused is entitled to the benefit of further inquiry.

  Questions settled

  • Does the lack of a contemporaneous mashirnama prepared at the spot of recovery constitute grounds for further inquiry in a bail application?
  • Are accused persons entitled to bail when the prosecution's case relies on recovery witnesses who are subordinates of the complainant?
  • Does a case involving extortion and terrorism-related charges automatically preclude the grant of bail if the case requires further inquiry?
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• Ghulam Murtaza and others vs Federation of Pakistan through Secretary Cabinet Division and others2011 PLC (C.S.) 709 · Sindh High Court · 2011-01-13
  civil servicetermination of servicelocus poenitentiaenatural justiceaudi alteram partemappointment orderpublic advertisementconstitutional petition
  Summary & questions settled

  This constitutional petition was filed before the Sindh High Court challenging the termination letter dated 6th July 2009 issued by the Intellectual Property Organization of Pakistan (IPO), whereby newly recruited employees were abruptly terminated. The petitioners had applied for advertised vacancies, passed the written test and interviews conducted by the Selection Committee, received appointment offers, and joined their respective posts. The primary legal questions were whether appointment orders issued after due process through public advertisement can be unilaterally withdrawn without notice, and whether the principle of locus poenitentiae and natural justice apply. The High Court held that the recruitment process was transparent, lawful, and conducted after proper public advertisement. The court ruled that after fulfilling all codal formalities, issuing appointment letters, and accepting joining reports, the authority cannot scrap or recall the selection. Furthermore, terminating employees without notice or inquiry violates the principle of natural justice (audi alteram partem). The court allowed the petitions, set aside the termination order, and held petitioners entitled to salaries from their appointment dates.

  Questions settled

  • Can a government authority recall or withdraw an appointment order after it has been accepted and acted upon by the appointee?
  • Does the termination of service without prior notice or inquiry violate the principles of natural justice?
  • Can recruitment conducted through proper public advertisement and evaluation by a competent selection committee be arbitrarily cancelled on alleged procedural irregularities without proof?
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• Ghulam Hyder And 3 Others vs The State2011 YLR 2446 · Sindh High Court · 2010-08-31
  post-arrest bailabductionfurther inquiryFIR delaySection 164 statementbenefit of doubt
  Summary & questions settled

  This criminal bail application challenged the dismissal of the applicants' bail plea by the trial court in a case involving allegations of abduction. The prosecution alleged that thirteen individuals, including the applicants, abducted the complainant's sister due to a matrimonial dispute. The core legal question was whether the applicants were entitled to post-arrest bail given the inconsistencies in the prosecution's case and the delay in reporting the incident. The court observed significant discrepancies between the FIR, which implicated thirteen persons, and the abductee's statement under Section 164, Code of Criminal Procedure 1898, which named only five. Furthermore, the court noted an unexplained delay in lodging the FIR and the fact that the abductee was not recovered from the applicants' possession. Finding that these factors rendered the prosecution's case doubtful, the court held that the matter required further inquiry under Section 497(2), Code of Criminal Procedure 1898. Consequently, the court granted bail to the applicants, establishing the principle that material variances between the FIR and subsequent statements, combined with unexplained delays, entitle an accused to the benefit of doubt at the bail stage.

  Questions settled

  • Does a material variance between the FIR and the statement of the abductee under Section 164, Code of Criminal Procedure 1898, constitute grounds for further inquiry under Section 497(2), Code of Criminal Procedure 1898?
  • Can an unexplained delay in lodging an FIR entitle an accused to the benefit of doubt for the purpose of bail?
  • Is the absence of the abductee's recovery from the possession of the accused a relevant factor in determining bail in an abduction case?
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• Ghulam Hussain and 9 others vs The State2011 P Cr. L J 72 · Sindh High Court · 2010-08-18
  Control of Narcotic Substances Actcharas recoverychain of custodycase propertybenefit of doubtmashirnama defectshigh seas search
  Summary & questions settled

  This criminal appeal before the Sindh High Court challenged the conviction and life imprisonment sentences awarded to ten appellants by the Special Judge, CNS-II Court, Karachi, under Sections 6, 9(c), 14, and 15 of the Control of Narcotic Substances Act, 1997. The prosecution alleged that the Pakistan Marine Security Agency intercepted a fishing launch carrying 250 kg of hashish (charas) in the high seas and handed the crew and contraband over to Customs authorities. The High Court evaluated the evidence and identified critical procedural flaws, including failure to seal or date the case property and samples, failure to draw samples from each bag, lack of MSA signatures on the mashirnama, omission of case property details in FIR and Section 161 Cr.P.C. Statements, and non-production of recovered bags in court. Applying established jurisprudence, the court held that the prosecution failed to prove its case beyond reasonable doubt, ruling that any benefit of doubt must be extended to the accused as a matter of right. Consequently, the High Court allowed the appeal and set aside the convictions.

  Questions settled

  • What is the effect on the prosecution's case when recovery samples are not properly sealed, dated, or drawn from each bag of seized narcotics?
  • Can a conviction under the Control of Narcotic Substances Act stand if the alleged case property is not produced before the court?
  • Whether serious procedural omissions and contradictions in the recovery memo and witness statements entitle the accused to an acquittal as a matter of right?
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• Ghulam Hussain and 2 others vs The State2011 P Cr. L J 1184 · Sindh High Court · 2010-08-30
  post-arrest bailnon-nomination in FIRexpeditious trialbail applicationcriminal procedure
  Summary & questions settled

  This matter concerns a bail application filed by three co-accused persons seeking post-arrest bail in a criminal case. The primary legal question addressed was whether the applicants were entitled to bail based on the specific allegations and their nomination in the First Information Report. Regarding the first applicant, Ghulam Hussain, the court noted that he was not nominated in the First Information Report and no specific role was assigned to him; consequently, with the consent of the Assistant Prosecutor-General, the court granted him bail subject to furnishing solvent surety. Regarding the remaining two applicants, Hussain Bux and Abdul Wahab alias Ali Ahmed, the court found no case for bail was made out, and their counsel did not press the application. However, the court directed the trial court to conclude the proceedings within three months, given the volume of witnesses, with a provision for the trial court to refer the matter back to the High Court if the deadline is not met.

  Questions settled

  • Can an accused person be granted bail if they were not nominated in the First Information Report and no specific role was assigned to them?
  • Does the court have the authority to set a specific timeframe for the conclusion of a trial in a criminal case?
  • What is the procedure if a trial court fails to conclude a trial within the timeframe directed by the High Court?
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• Ghulam Akbar and 2 others vs Jahangir Ali and 3 others2011 MLD 803 · Sindh High Court · 2010-11-14
  Section 12(2) CPCspecific performanceco-ownershiptransfer of propertyundivided landcompromise decreefraud and misrepresentation
  Summary & questions settled

  This High Court Appeal challenged an order dismissing an application under Section 12(2) of the Code of Civil Procedure 1908, which sought to set aside a compromise decree passed in a suit for specific performance. The appellants, claiming to be co-sharers in the undivided land subject to the decree, alleged that the respondents obtained the decree through fraud, misrepresentation, and concealment of facts by failing to implead them as parties. The core legal question was whether the transfer of an undivided share in joint property by one co-owner to another party, resulting in a decree, constitutes fraud against other co-owners. The Court dismissed the appeal, holding that under Section 44 of the Transfer of Property Act 1882, a co-owner is legally competent to transfer their share in immovable property. Consequently, the transfer between the respondents was valid, and the appellants could not challenge the decree on the grounds of fraud or misrepresentation. The principle established is that the transfer of an undivided share by a co-owner is legally permissible and does not inherently constitute fraud against other co-owners.

  Questions settled

  • Can a co-owner of immovable property transfer their share to a third party without the consent of other co-owners?
  • Does the failure to implead other co-owners in a suit for specific performance regarding undivided land constitute fraud sufficient to set aside a decree under Section 12(2) of the Code of Civil Procedure 1908?
  • Is a transfer of an undivided share in immovable property valid under the Transfer of Property Act 1882?
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• Ghulam Akbar Allana vs National Bank of Pakistan through President2011 PLC (C.S.) 328 · Sindh High Court · 2010-11-03
  constitutional petitionpost-facto promotionspeaking orderservice matterreasons for decision
  Summary & questions settled

  This constitutional petition was filed by a retired Executive Vice-President of the National Bank of Pakistan challenging the rejection of his appeal for post-facto promotion to Senior Executive Vice-President. The core legal question was whether the Board of Directors' order rejecting the petitioner's appeal without providing reasons constituted a valid speaking order under the law. The Sindh High Court held that the decision of the Board was not a speaking order, as it failed to record reasons for disagreeing with the detailed recommendation of the Bank's President, in violation of statutory duties. The Court laid down the principle that while a higher authority agreeing with a lower functionary's reasoned recommendation need not write elaborate reasons, an authority differing from such a recommendation must record its own independent reasons. Consequently, the Court set aside the impugned rejection order and remanded the matter to the Board of Directors for a fresh, reasoned decision.

  Questions settled

  • Whether an order passed by a higher authority rejecting a reasoned recommendation of a lower functionary requires independent reasons?
  • Does a failure to provide reasons in an administrative or service-related decision render it a non-speaking order?
  • Can the reasons missing from a Board's decision be subsequently supplied or justified by the writer of an implementation letter?
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• Ghulam Abbas vs The State2011 YLR 1348 · Sindh High Court · 2009-12-31
  criminal appealreduction of sentencemurderremissionjail rollconversion of conviction
  Summary & questions settled

  This criminal appeal arises from a judgment of the Sindh High Court concerning the conviction of the appellant for murder and related offences under the Pakistan Penal Code. The core legal question involved the appropriateness of the conviction and sentence, particularly in light of the protracted period of incarceration already undergone by the appellant and the computation of remissions. The court dismissed the criminal jail appeal as to the conviction but modified the offence from premeditated murder to a lesser category, converting the sentence under section 302(b) to section 302(c) of the Pakistan Penal Code, thereby reducing the imprisonment to the period already undergone by the appellant. Additionally, the court set aside the fines and compensation awarded. The key principle laid down is that where an appellant has already served a substantial period of imprisonment inclusive of remissions, the sentence of life imprisonment may be commuted to the period already undergone upon a conversion of the conviction to a lesser allied offence under the Pakistan Penal Code.

  Questions settled

  • Can an appellate court convert a conviction under section 302(b) of the Pakistan Penal Code to section 302(c) based on the facts and circumstances of the case?
  • Whether the sentence of imprisonment can be reduced to the period already undergone by the appellant inclusive of remissions?
  • Can the sentence of fine and compensation awarded alongside imprisonment be set aside by the court?
  Read full judgment →
• Ghulam Abbas and another vs The State2011 P Cr. L J 1273 · Sindh High Court · 2010-10-08
  jail appealmurdersole eye-witnessunexplained delayaccomplice evidencemedical contradictionbenefit of doubtacquittal
  Summary & questions settled

  This jail appeal was filed by the appellants challenging their conviction and life imprisonment sentence under Section 302 of the Pakistan Penal Code 1860, and five years' imprisonment under Section 201 of the Pakistan Penal Code 1860, passed by the Additional Sessions Judge, Naushehro Feroze. The prosecution's case rested on the ocular testimony of a sole eye-witness who claimed to have witnessed the appellants and others strangulating the deceased and throwing his body into a well. However, the eye-witness remained silent and fled to Karachi, only disclosing the incident to the complainant after a delay of four days. The High Court observed that the prosecution failed to establish any motive, and there was no 'last seen' evidence connecting the appellants to the crime. Furthermore, serious contradictions existed between the recovery timings of the dead body and the medical autopsy report. The Court held that the unexplained silence of an eye-witness for several days makes their testimony highly unreliable, akin to that of an accomplice, and requires independent corroboration. Consequently, the Court allowed the appeal, set aside the convictions, and acquitted the appellants by extending the benefit of doubt.

  Questions settled

  • Whether the testimony of an eye-witness who keeps silent and fails to report a murder to the authorities for several days can be relied upon without independent corroboration?
  • Does a material contradiction between the recovery time of a dead body in a police mashirnama and the time of autopsy recorded by a medical officer create a reasonable doubt in the prosecution's case?
  • Can a conviction for murder be sustained solely on the basis of 'last seen' evidence when such evidence only implicates a co-accused and not the appellants?
  Read full judgment →
• Ghous Munawwar vs Mrs. Seema Toufiq Feroz and 3 others2011 C.L.R. 916 · Sindh High Court · 2010-06-02Read full judgment →
• Ganhwar Bhutto vs The State2011 MLD 210 · Sindh High Court · 2010-08-31
  post-arrest baillalkarainstigationfurther inquiryprevious enmitycommon intention
  Summary & questions settled

  This is a bail application filed by the applicant impugning the order of the Additional Sessions Judge, Mirpur Mathelo, whereby his pre-trial bail was rejected in a murder case registered under sections relating to double murder and rioting. The core legal question before the court was whether an accused assigned only the role of instigation ('Lalkara') and found unarmed at the scene of the crime, amidst admitted previous enmity and delayed FIR, is entitled to post-arrest bail pending trial. The Sindh High Court held that since no overt act was attributed to the applicant and his presence at the scene, along with the applicability of common intention, required further inquiry, the case fell within the purview of further inquiry under subsection (2) of Section 497 of the Code of Criminal Procedure 1898. The court laid down the principle that bail is normally granted to an accused whose sole role is instigation or 'Lalkara' and where reasonable grounds exist to inquire into their participation, distinguishing cases where active physical involvement or specific weapons were attributed.

  Questions settled

  • Whether an accused assigned only the role of instigation or Lalkara without being armed with any weapon is entitled to post-arrest bail?
  • Does a case where the accused is merely charged with instigation fall under subsection (2) of Section 497 of the Code of Criminal Procedure 1898 for further inquiry?
  • Whether previous enmity between the parties and delay in lodging the FIR constitute valid grounds for grant of bail in capital offences?
  Read full judgment →
• G Sher Dil Khoso vs The State2011 YLR 105 · Sindh High Court · 2010-09-25
  criminal breach of trustcircumstantial evidenceextra-judicial confessionbank fraudforgeryburden of proofcriminal appeal
  Summary & questions settled

  This criminal appeal challenges the conviction of a bank officer for criminal breach of trust, forgery, and falsification of accounts under the Pakistan Penal Code 1860 and the Prevention of Corruption Act 1947. The core legal question concerns whether the prosecution successfully established the appellant's guilt through circumstantial evidence, particularly regarding an alleged extra-judicial confession and the handling of a fraudulent cheque. The Court held that the prosecution failed to prove its case, as the chain of circumstantial evidence was incomplete and contained critical missing links. Specifically, the Court found that the alleged extra-judicial confession lacked independent corroboration and that the prosecution failed to produce essential documentary evidence, such as the dishonoured cheque. The Court laid down the principle that in cases resting on circumstantial evidence, every link must be unimpeachable, and a single missing link invalidates the entire case. Furthermore, it affirmed that mere negligence or dereliction of duty by a bank employee does not constitute criminal fraud, and extra-judicial confessions require strict, reliable corroboration to support a conviction.

  Questions settled

  • Does a bank employee's negligence in verifying signatures constitute criminal fraud?
  • Can a conviction be sustained on circumstantial evidence if the chain of events contains missing links?
  • Is an uncorroborated extra-judicial confession sufficient to support a criminal conviction?
  • Can oral testimony be relied upon to prove the dishonour of a cheque when the cheque itself is not produced in evidence?
  Read full judgment →
• G Irfan Ali vs The State2011 YLR 2349 · Sindh High Court · 2010-12-02
  post-arrest bailnarcotics recoverycharaschemical examiner reportprohibitory clausefurther inquiry
  Summary & questions settled

  This matter comes before the Sindh High Court on an application for post-arrest bail arising from the alleged recovery of two kilograms of charas from the applicant, out of which five hundred grams were separated as a sample. The core legal question concerns whether bail should be computed based on the total weight of the recovered contraband or the weight of the sample sent for chemical analysis, and whether the absence of an affirmative Chemical Examiner report at the pre-trial stage constitutes a case of further inquiry. The court held that pending the receipt of an affirmative chemical report and considering the weight of the sample falling under a provision outside the prohibitory clause, the case warrants the grant of bail. The key principle laid down is that the absence of a chemical report and reliance on the sample weight for potential conviction can bring the case within the scope of further inquiry, making bail the rule rather than the exception.

  Questions settled

  • Whether the absence of a Chemical Examiner report entitles an accused to post-arrest bail on the ground of further inquiry?
  • Whether bail should be considered based on the total weight of the recovered narcotics or the weight of the sample?
  • Does an offence under Section 9(b) of the Control of Narcotic Substances Act 1997 fall within the prohibitory clause of Section 497 of the Code of Criminal Procedure 1898?
  Read full judgment →
• Furrukh Shahzad And Another vs The State And Another2011 YLR 809 · Sindh High Court · 2010-12-22
  post-arrest bailbail cancellationcriminal breach of trustmisappropriationfurther inquirydelay in FIRdocumentary evidence
  Summary & questions settled

  This matter arises from bail applications filed under section 498 of the Code of Criminal Procedure 1898 seeking pre-arrest/interim bail after a sessions court cancelled the bail previously granted to the applicants by a judicial magistrate. The applicants were implicated in an F.I.R. under section 408/34 of the Pakistan Penal Code 1860 for alleged misappropriation of company funds and fraud spanning several years. The core legal question concerned the propriety of the bail cancellation and whether reasonable grounds existed to warrant further inquiry under section 497(2) of the Code of Criminal Procedure 1898. The Sindh High Court held that the inordinate ten-year delay in lodging the F.I.R., the documentary nature of the case with evidence already in the prosecution's possession, the absence of prior audit objections or show-cause notices, and the pendency of a civil recovery suit between the parties created a tentative case for further inquiry. The court confirmed the bail of the applicants, establishing that where reasonable doubt exists regarding the participation of the accused and no risk of tampering with documentary evidence is shown, bail should not be withheld or cancelled.

  Questions settled

  • Whether bail once granted by a magistrate can be cancelled without strong and exceptional grounds?
  • Does an inordinate delay of ten years in lodging an F.I.R. for criminal breach of trust create a case for further inquiry under section 497(2) of the Code of Criminal Procedure 1898?
  • Is bail warranted when a case is entirely based on documentary evidence already in the possession of the prosecution, leaving no risk of tampering?
  • Whether the pendency of a civil suit between the employer and employee with respect to financial dues influences the grant of bail in criminal proceedings?
  Read full judgment →
• Furqan Qadri vs The State2011 YLR 711 · Sindh High Court · 2011-01-04
  post-arrest bailidentification paradefurther inquirymurdercorroborative evidenceforensic science laboratory
  Summary & questions settled

  This is a criminal bail application filed before the Sindh High Court seeking post-arrest bail in a murder case registered under an F.I.R. where the applicant was not named. The core legal question was whether the applicant was entitled to bail when the primary evidence against him was an identification parade conducted after a delay and without matching recovered weapon empties, rendering his involvement a matter of further inquiry. The Court held that identification parade is merely corroborative evidence, and in the absence of forensic matching of the recovered pistol with crime empties, and given the defects in the identification parade, the case fell within the scope of further inquiry under subsection (2) of Section 497 of the Code of Criminal Procedure 1898. Consequently, the bail application was allowed and the applicant was admitted to bail. The key principle laid down is that where an accused is not named in the F.I.R. and the sole corroborative piece of evidence (identification parade) suffers from legal infirmities and lacks forensic support, the case warrants the grant of bail on the ground of further inquiry.

  Questions settled

  • Is an identification parade considered a substantive piece of evidence or merely corroborative?
  • Does the absence of forensic matching between recovered crime empties and an alleged weapon make a case one of further inquiry for the purpose of bail?
  • Whether an accused not named in the F.I.R. and identified after a delay in an identification parade lacking specific role attribution is entitled to post-arrest bail?
  Read full judgment →
• Financial Broadcasting Services (Pvt.) Limited vs Pakistan Electronic2011 CLC 1097 · Sindh High Court · 2011-04-12Read full judgment →
• Filters Pakistan (Private) Limited. vs Federal Board Of Revenue And 2 OtherPTCL 2011 CL. 68 · Sindh High Court · 2010-03-09Read full judgment →
• Fida Hussain vs Government of Sindh through Horne Secretary and 72011 MLD 766 · Sindh High Court · 2010-12-03Read full judgment →
• Fida Hussain and another vs The State2011 YLR 1697 · Sindh High Court · 2010-09-09
  post-arrest bailfurther inquirycounter-versiondelay in F.I.R.common intentionsimple injuriesvicarious liability
  Summary & questions settled

  This bail application concerns two applicants, Fida Hussain and Shahid Hussain, who are facing trial for offenses including murder and causing injuries under the Pakistan Penal Code 1860. The core legal question was whether the applicants were entitled to post-arrest bail given the specific allegations against them, the delay in lodging the First Information Report (F.I.R.), and the existence of a counter-version of the incident. The court observed that the applicants were not alleged to have caused the fatal injuries to the deceased, but rather were accused of causing simple injuries to prosecution witnesses. Furthermore, the court noted a three-day delay in lodging the F.I.R., during which the complainant had sufficient time for consultation, and highlighted that the complainant's initial non-cognizable report (N.C.) failed to name the accused. The court held that the case against the applicants required further inquiry, citing the lack of an active role in the murder and the presence of a counter-version. Consequently, the court granted bail, establishing that where an accused is not attributed a fatal role and there is a significant, unexplained delay in the F.I.R. alongside a plausible counter-version, the case warrants further inquiry for bail purposes.

  Questions settled

  • Does the absence of an active role in causing a fatality, combined with a delay in lodging the F.I.R., constitute grounds for further inquiry in a bail application?
  • Can bail be granted where the accused is only alleged to have caused simple injuries to prosecution witnesses and not the deceased?
  • Is the existence of a counter-version of the incident a relevant factor when considering a bail application?
  Read full judgment →
• Feroze Abdul Karim vs Muslim Commercial Bank Ltd. through Managing2011 CLC 598 · Sindh High Court · 2010-10-12Read full judgment →
• Feroz vs The State2011 YLR 1730 · Sindh High Court · 2010-12-28
  post-arrest bailDrugs Acthabitual offenderspurious drugsprohibitory clausebail refusal
  Summary & questions settled

  This matter concerns a bail application filed by an applicant facing trial before the Drug Court of Sindh for offences under the Drugs Act, 1976. The applicant sought post-arrest bail, contending that the FIA lacked the authority to register the FIR, that the offence did not fall within the prohibitory clause of Section 497 of the Code of Criminal Procedure, 1898, and that no test report regarding the alleged spurious drugs existed. The State opposed the bail, highlighting that the raid was conducted in the presence of a Magistrate and independent witnesses, that a challan had been submitted, and that the applicant was a previous convict for similar offences. The Court held that the offence, punishable by up to ten years imprisonment, fell within the prohibitory clause of Section 497, Code of Criminal Procedure, 1898. Furthermore, noting the applicant's status as a habitual offender involved in the distribution of spurious drugs, the Court refused to exercise leniency. Consequently, the bail application was dismissed, emphasizing that habitual offenders of such nature are not entitled to bail.

  Questions settled

  • Does an offence under the Drugs Act 1976 punishable by up to ten years imprisonment fall within the prohibitory clause of Section 497 of the Code of Criminal Procedure 1898?
  • Should bail be granted to an applicant who is a habitual offender in cases involving the distribution of spurious drugs?
  • Does the presence of a Magistrate and independent witnesses during a raid strengthen the case against an applicant seeking bail?
  Read full judgment →
• Feroz vs StatePLJ 2011 Cr.C. (Karachi) 813 · Sindh High Court · 2010-12-28
  post-arrest bailspurious drugshabitual offenderprohibitory clauseDrugs Act
  Summary & questions settled

  The applicant sought post-arrest bail in a case registered under Section 23, punishable under Section 27 read with Section 30 of the Drugs Act, 1976, relating to the recovery of spurious drugs. The core legal question was whether the applicant was entitled to post-arrest bail given the nature of the offence and his previous conviction. The Sindh High Court held that the applicant was not entitled to bail, noting that the offence carries a penalty of up to ten years imprisonment, falling within the prohibitory clause of Section 497 of the Code of Criminal Procedure 1898, and that the applicant was a habitual offender previously convicted of a similar offence under the Drugs Act, 1976. The court laid down the principle that habitual offenders involved in the trade of spurious drugs who play with the lives of innocent people are not to be extended judicial leniency or the concession of bail.

  Questions settled

  • Whether an accused charged under Section 27 of the Drugs Act, 1976 is entitled to post-arrest bail when facing allegations of manufacturing or selling spurious drugs?
  • Does an offence carrying a punishment of up to ten years imprisonment under the Drugs Act, 1976 fall within the prohibitory clause of Section 497 of the Code of Criminal Procedure 1898?
  • Can a previous conviction for a similar offence under the Drugs Act, 1976 serve as a ground for refusing post-arrest bail to an accused?
  Read full judgment →
• Feroz Khan Balouch vs First Women Bank Ltd. through Attorney and 22011 P Cr. L J 936 · Sindh High Court · 2011-03-24
  criminal revisionwithdrawal of complaintdouble jeopardyacquittalbanking courtfresh complaintres judicata
  Summary & questions settled

  This Criminal Revision Application challenges the dismissal of an application for acquittal under Section 249-A (converted to 265-K) of the Code of Criminal Procedure 1898 by the Banking Court. The core legal question is whether a third criminal complaint filed on identical facts is maintainable after a previous complaint was withdrawn under Section 248 of the Code of Criminal Procedure 1898. The Court held that a withdrawal of a complaint under Section 248 of the Code of Criminal Procedure 1898 results in the acquittal of the accused, thereby barring a subsequent trial for the same offence under the principle of double jeopardy. The Court emphasized that the acquittal remains in force and prohibits retrial on the same facts. Consequently, the Court set aside the impugned order, ruling that the third complaint was misconceived and illegal as it sought to vex the accused twice for the same alleged offence, violating the protection against double jeopardy enshrined in the Constitution.

  Questions settled

  • Does the withdrawal of a criminal complaint under Section 248 of the Code of Criminal Procedure 1898 result in the acquittal of the accused?
  • Can a complainant file a fresh complaint on identical facts after a previous complaint has been withdrawn under Section 248 of the Code of Criminal Procedure 1898?
  • Does the principle of double jeopardy bar a subsequent trial when a previous complaint on the same facts was withdrawn?
  Read full judgment →
• Fazal Muhammad vs S.H.O., Police Station Baberloi, District Khairpur2011 MLD 1232 · Sindh High Court · 2011-05-02
  registration of FIRcognizable offencepolice dutySection 154 CrPCcontempt of courtpolice accountability
  Summary & questions settled

  This matter concerns a criminal miscellaneous application filed by the applicant seeking the registration of an F.I.R. against the Station House Officer (S.H.O.) for failing to comply with a previous court order and for violating statutory duties under the Code of Criminal Procedure, 1898. The core legal question was whether the police officer was justified in refusing to register an F.I.R. based on his own assessment of the information's veracity, and whether his conduct warranted contempt proceedings. The Court held that the S.H.O. acted improperly by assuming the role of a judge or witness rather than performing his mandatory duty under Section 154, Code of Criminal Procedure, 1898. The Court emphasized that if a cognizable offence is disclosed, the police must register the F.I.R. and investigate, rather than unilaterally deciding the information is false. The principle laid down is that police officers cannot evade their statutory obligation to record statements and register F.I.R.s in cognizable cases based on personal suspicion or enmity between parties; accountability for false information lies in the post-investigation stage, not in the refusal to register the initial report.

  Questions settled

  • Is a Station House Officer authorized to refuse the registration of an F.I.R. based on a personal belief that the information provided is false?
  • Does the police officer have the authority to act as a judge regarding the veracity of a complaint before registering an F.I.R. for a cognizable offence?
  • What is the appropriate procedure for a police officer when information regarding a cognizable offence is received?
  Read full judgment →
• Fazal Hussain Shah and others vs Rustam and others2011 C.L.R. 1388 · Sindh High Court · 2009-04-27Read full judgment →
• Fayyaz Ali vs Employer/Owner of Factory2011 PLC 167 · Sindh High Court · 2008-10-23
  labour appealgrievance noticeservice by postwrongful terminationemployer-employee relationshipreinstatementcompensation
  Summary & questions settled

  This labour appeal was filed under Section 47(3) of the Industrial Relations Ordinance, 2002 against the dismissal of the appellant's grievance petition by the Sindh Labour Court. The core legal questions concerned whether the service of a grievance notice sent by registered post was valid under Section 27 of the General Clauses Act, 1897, and whether the termination of the appellant's service violated Standing Order 12(3) of the West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968. The Sindh High Court held that sending a notice by registered post to the correct address raises a legal presumption of service unless the contrary is proved. The Court found that the respondent had indeed been served, that an employer-employee relationship existed, and that the appellant's removal was illegal. The appeal was allowed, setting aside the Labour Court's judgment, and compensation equivalent to 25 months of the last drawn pay was awarded in lieu of reinstatement.

  Questions settled

  • Whether sending a grievance notice by registered post constitutes sufficient service under the law?
  • Can a written statement filed in court be treated as substantive evidence without producing witnesses for cross-examination?
  • Whether the presumption of service applies when a notice is dispatched by registered post to the correct address?
  • What is the appropriate relief when a worker is removed from service in violation of Standing Order 12(3) of the West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968?
  Read full judgment →
• Fateh Muhammad vs The State2011 YLR 1774 · Sindh High Court · 2005-01-10
  post-arrest bailfirearm injurycounter-versionprohibitory clausevicarious liabilitylalkara
  Summary & questions settled

  This is a criminal bail application filed by Fateh Muhammad after the rejection of his pre-trial bail by the trial court, facing allegations of causing firearm injury and raising a lalkara during a dispute over water rotation, alongside a co-accused who allegedly caused a fatal injury. The core legal question is whether the applicant is entitled to post-arrest bail based on grounds including vicarious liability, counter-version, and the applicability of the prohibitory clause. The Sindh High Court held that the applicant failed to make out a case for bail at this stage, noting that the counter-version FIR was delayed and deemed false by the investigating agency, and that prima facie involvement and potential vicarious liability barred relief. The court dismissed the bail application while directing the transfer of the case upon consent of the parties.

  Questions settled

  • Whether an accused is entitled to post-arrest bail when a counter-version FIR is lodged with considerable delay and found false by the police?
  • Does an injury falling under Section 337-A(ii) of the Pakistan Penal Code 1860 automatically take the case out of the prohibitory clause of Section 497 of the Code of Criminal Procedure 1898 when other serious offences like Section 324 are prima facie applicable?
  • Can the concept of vicarious liability be properly determined at the bail stage?
  Read full judgment →
• Farrukh Hassan Khan And Another vs Raees Khan And 2 Others2011 P.C.T.L.R. 967 · Sindh High Court · 2008-11-26Read full judgment →
• Farooque vs The State2011 P Cr. L J 158 · Sindh High Court · 2010-08-30
  criminal appealabductionrobberybenefit of doubtFIR discrepancieswitness credibilityacquittal
  Summary & questions settled

  This criminal appeal challenges the judgment of the Additional Sessions Judge, Gambat, which convicted the appellant under sections 364 and 392 of the Pakistan Penal Code 1860 for abduction and robbery. The core legal question was whether the prosecution successfully proved the charges beyond a reasonable doubt despite significant discrepancies between the First Information Report (FIR) and the subsequent trial testimony of the complainant and witnesses. The High Court observed that the complainant’s testimony contradicted the FIR regarding the weapons used, the alleged robbery, and the threats extended. Furthermore, the court noted an unexplained delay in lodging the FIR and a lack of independent corroboration for the prosecution's version. Holding that the prosecution failed to establish its case without a shadow of doubt, the Court set aside the conviction and sentence, acquitting the appellant by extending the benefit of the doubt. The judgment reinforces the principle that material contradictions between the FIR and evidence, coupled with unexplained delays, entitle an accused to the benefit of the doubt in criminal proceedings.

  Questions settled

  • Does a material discrepancy between the First Information Report and the complainant's testimony at trial warrant the acquittal of an accused?
  • Is an unexplained delay in lodging a First Information Report a ground for extending the benefit of the doubt to an accused?
  • Can a conviction be sustained when the prosecution witnesses fail to corroborate the allegations made in the First Information Report?
  Read full judgment →
• Fareeduddin and others vs Province of Sindh through Chief Secretary2011 PLC (C.S.) 870 · Sindh High Court · 2010-11-12
  seniority listcadre mergercivil servicepromotion prospectsadministrative mergerconstitutional petitionterms and conditions of service
  Summary & questions settled

  This matter concerns constitution petitions challenging the maintenance of separate seniority lists for Executive Engineers following the merger of the Directorate of Engineering Education Works into the Works and Services Department of the Government of Sindh. The core legal question was whether the government could maintain separate seniority lists for employees originating from different streams after the administrative merger of their departments. The Court held that the merger of the departments, effective from November 1, 2002, necessarily resulted in the merger of the cadres of the affected employees. Consequently, the maintenance of separate seniority lists without a valid, reasonable justification was declared to be without lawful authority. The key principle laid down is that while the government possesses the discretion to constitute separate cadres for administrative efficiency, such power must be exercised reasonably. Where employees perform similar duties and possess identical qualifications, the creation of separate cadres requires the establishment of a uniform, equitable mechanism for promotion prospects to ensure that career paths are not unfairly obstructed.

  Questions settled

  • Does the administrative merger of two government departments automatically result in the merger of the cadres of the employees belonging to those departments?
  • Can the government maintain separate seniority lists for employees performing similar duties and possessing identical qualifications after a departmental merger?
  • What requirements must the government satisfy if it chooses to create separate cadres for employees performing similar work?
  • Is the maintenance of separate seniority lists for employees in merged departments subject to judicial review?
  Read full judgment →
• Faizan vs The State2011 YLR 2090 · Sindh High Court · 2011-01-14
  post-arrest bailpolice encounterfurther inquirydacoityfirearms recovery
  Summary & questions settled

  This criminal bail application arises from an order passed by the Sessions Judge, Shikarpur, declining bail to the applicant in a case registered under sections 395, 324, 353, 148, and 149 of the Pakistan Penal Code 1860. The core legal question is whether the applicant has made out a case for post-arrest bail considering the tentative assessment of the record, the absence of private complainants, lack of injuries to any police personnel or private persons, and the nature of the alleged recovery. The Sindh High Court held that the case warranted further inquiry under section 497(2) of the Code of Criminal Procedure 1898, as no injuries were attributed to the applicant and the applicability of anti-terrorism provisions was debatable. The court laid down the principle that where an accused is not charged with causing injuries during an alleged police encounter and the matter requires further inquiry, bail should be granted.

  Questions settled

  • Whether an accused is entitled to post-arrest bail when no injuries are attributed to him during an alleged police encounter?
  • Does the absence of a private complainant in the FIR affect the tentative assessment for granting bail?
  • Whether the applicability of sections requiring further inquiry entitles the accused to the concession of bail?
  Read full judgment →
• Faiz Muhammad vs Gul Muhammad2011 CLC 1818 · Sindh High Court · 2011-07-11Read full judgment →
• Faisalabad Oil Refinery (Pvt.) Ltd. and others vs M.T. Galaxy and others2011 CLD 885 · Sindh High Court · 2011-02-18Read full judgment →
• Faisal Elahi and another vs The State2011 PTD 2714 · Sindh High Court · 2011-08-11
  post-arrest bailsales tax fraudprohibitory clausefake invoicestax evasioncriminal procedurebail as rule
  Summary & questions settled

  This matter concerns ten consolidated bail applications filed by various accused persons facing charges under the Sales Tax Act, 1990, for alleged involvement in a tax fraud scheme involving fake invoices and fraudulent tax returns. The core legal question was whether the accused were entitled to post-arrest bail given that the investigation was complete, the offences did not fall within the prohibitory clause of the Code of Criminal Procedure, 1898, and there was significant delay in the trial proceedings. The Court granted bail to all applicants, noting that the prosecution had failed to initiate action against the primary beneficiaries of the alleged fraud and that the accused were no longer required for investigation. The Court affirmed that where an offence does not fall within the prohibitory clause of Section 497, Code of Criminal Procedure, 1898, the grant of bail is the rule and refusal is the exception, particularly when the prosecution case relies on documentary evidence already in its possession and trial proceedings are delayed.

  Questions settled

  • Does an offence under the Sales Tax Act, 1990, fall within the prohibitory clause of Section 497, Code of Criminal Procedure, 1898?
  • Is the grant of bail the rule and refusal the exception for offences not falling within the prohibitory clause of Section 497, Code of Criminal Procedure, 1898?
  • Can bail be granted when the prosecution has failed to submit a final challan within a reasonable time and the investigation is complete?
  Read full judgment →
• Execution Application by Muhammad Ahmed: In the matter of vs N/A2011 PLD Karachi 291 · Sindh High Court · 2011-03-07Read full judgment →
• Esso vs The State2011 YLR 913 · Sindh High Court · 2010-05-31
  benefit of doubtmurderocular testimonymedical evidence contradictiondelayed F.I.R.criminal appealacquittal
  Summary & questions settled

  This criminal appeal arises from a judgment of the trial court convicting the appellants for murder and attempted murder under sections 302(b) and 324 read with section 34 of the Pakistan Penal Code. The core legal questions involve assessing the credibility of ocular testimony, the impact of material contradictions between medical and ocular evidence, and whether promptness of the First Information Report was vitiated by consultation and deliberation. The Sindh High Court held that numerous material contradictions, discrepancies between the medical evidence and the First Information Report regarding the timing and nature of injuries, nocturnal identification doubts, and the absence of corroborative independent evidence created serious doubts in the prosecution's case. Consequently, the court laid down the principle that when multiple circumstances and contradictions cast reasonable doubt on the guilt of the accused, the benefit of the doubt must be extended to them as a matter of right, leading to the setting aside of the convictions and the acquittal of the appellants.

  Questions settled

  • Whether material contradictions between ocular testimony and medical evidence are sufficient to create reasonable doubt warranting the acquittal of the accused?
  • Does an inconsistency in the time of lodging the F.I.R. as revealed by medical evidence indicate previous consultation and deliberation?
  • Whether the benefit of doubt arising from weak and contradictory prosecution evidence must be extended to the accused as a matter of right?
  Read full judgment →
• Engr. K.M. Asghar vs Provincial Chief, HBFS, Karachi and 2 others2011 PLD Karachi 41 · Sindh High Court · 2010-10-21Read full judgment →
• Employers' Federation Of Pakistan And 14 Others vs Federation Of Pakistan2011 P.C.T.L R. 1323 · Sindh High Court
  finance actmoney billconstitutional petitionultra vireslabor legislationbicameral legislature
  Summary & questions settled

  This constitutional petition challenged amendments made to various labor and corporate statutes—namely the Workmen's Compensation Act, 1923, West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968, Companies' Profits (Workers' Participation) Act, 1968, Minimum Wages for Unskilled Workers Ordinance, 1969, and Employees' Old-Age Benefits Act, 1976—via the Finance Act, 2007. The core legal question was whether non-fiscal legislative amendments concerning labor matters could validly be enacted through a money bill, which bypasses the Senate under Article 73 of the Constitution of Pakistan, 1973. The Sindh High Court held that any amendment made through a money bill in a substantive law dealing with subjects outside the scope of Article 73(2) is ultra vires the Constitution and without legal effect for purposes other than financial provisions. The court laid down the principle that the mandate of the Constitution regarding bicameral legislation cannot be circumvented by piggybacking non-fiscal amendments onto a money bill.

  Questions settled

  • Can non-fiscal legislative amendments be validly enacted through a money bill under Article 73 of the Constitution of Pakistan?
  • What is the constitutional status of substantive statutory amendments introduced via a Finance Act that have no nexus with financial matters?
  • Does passing non-financial provisions through a money bill infringe upon the legislative powers of the Senate?
  Read full judgment →
• Ehsanullah Khan vs The State2011 YLR 355 · Sindh High Court · 2010-08-28
  post-arrest bailconfessional statementaccomplice evidencecorroborationmurder trialco-accused
  Summary & questions settled

  This matter concerns a bail application filed by an accused facing trial for murder. The core legal question is whether bail should be granted when the prosecution's case against the applicant rests solely on the confessional statement of an alleged accomplice, which is inconsistent with her earlier statement recorded years prior, and lacks independent corroboration. The Court held that the confession of a co-accused, particularly one that is inconsistent and delayed, is a weak form of evidence and cannot, by itself, form the basis for conviction or justify the denial of bail without further corroboration. The Court emphasized that the evidentiary value of such a confession, and the trustworthiness of the accomplice, are matters to be determined at trial. Consequently, the Court granted bail, finding that the applicant's case required further inquiry and that the prosecution had failed to establish sufficient grounds to justify continued incarceration at the pre-trial stage.

  Questions settled

  • Can the confessional statement of a co-accused be used as the sole basis for denying bail?
  • Is the confession of an accomplice admissible against a co-accused under the Qanun-e-Shahadat Order 1984?
  • Does a significant delay in recording a confessional statement affect its evidentiary value for the purpose of bail?
  Read full judgment →
• Ebrahim A. Merchant vs City District Government Karachi through District Coordination Officer and another2011 MLD 21 · Sindh High Court · 2009-04-16Read full judgment →
• E.O.B.I. Officers' Association of Pakistan through President and 2 others2011 PLC 336 · Sindh High Court · 2011-04-30
  Constitutional petitionLocus standiMaster and servant principleStatutory rules of serviceWrit jurisdictionAggrieved personService mattersTransfer orders
  Summary & questions settled

  This constitutional petition was filed by an officers' association and individual employees challenging transfer orders and seeking injunctive relief against the respondent institution. The core legal questions were whether an association possesses the locus standi to maintain a petition regarding the individual grievances of its members, and whether a constitutional petition is maintainable against a statutory body regarding employment disputes in the absence of statutory service rules. The Court dismissed the petition in limine. It held that an association is not an "aggrieved person" under Article 199 of the Constitution of Pakistan 1973 when asserting rights on behalf of individual members, as such proceedings must be initiated by the affected individuals. Furthermore, the Court reaffirmed that where an organization lacks statutory service rules, the employment relationship is governed by the principle of Master and Servant. Consequently, the High Court’s constitutional jurisdiction cannot be invoked for individual service grievances, and the petitioners must seek alternative remedies before a court of competent jurisdiction. The judgment clarifies that the Master and Servant principle prevails over arguments of mala fide actions in the absence of statutory rules.

  Questions settled

  • Can an association maintain a constitutional petition regarding the individual service grievances of its members?
  • Is a constitutional petition maintainable against a statutory body in the absence of statutory service rules?
  • Does the principle of Master and Servant apply to employment disputes in organizations lacking statutory service rules?
  • Can the High Court exercise constitutional jurisdiction to challenge transfer orders in the absence of statutory service rules?
  Read full judgment →
• E.M. Oil Mills & Industries vs Commissioner for Workmen Compensation2011 C.L.R. 489 · Sindh High Court
  gratuity calculationcost of living allowancepayment of wagesservice tribunals jurisdictionvoluntary retirement schemewrit jurisdictionlabour law
  Summary & questions settled

  This petition challenged an order by the Authority under the Payment of Wages Act, 1936, which directed the petitioner to include a Rs. 300 ad-hoc cost of living allowance in the gratuity calculation for 231 employees terminated under a Voluntary Retirement Scheme. The petitioner argued that the Authority lacked jurisdiction due to Section 2A of the Service Tribunals Act, 1973, and that the writ petition was maintainable despite the availability of an appeal under Section 17 of the Payment of Wages Act, 1936. The Court held that while the constitutional petition was maintainable due to the jurisdictional uncertainty surrounding Section 2A at the time of the impugned order, the Authority's decision was correct on merits. Relying on Section 7 of the Employees' Cost of Living (Relief) Act, 1973, the Court determined that the cost of living allowance constitutes part of wages for gratuity purposes. Furthermore, the Court noted that the petitioner’s own Gratuity Fund rules explicitly included such allowances in the definition of salary, thereby dismissing the petition and affirming the employees' entitlement to the recalculated gratuity.

  Questions settled

  • Whether a constitutional petition is maintainable against an order of the Authority under the Payment of Wages Act, 1936, despite the availability of an appeal under Section 17 of the same Act?
  • Does the cost of living allowance granted under the Employees' Cost of Living (Relief) Act, 1973, form part of wages for the purpose of calculating gratuity?
  • Does the declaration of Section 2A of the Service Tribunals Act, 1973, as partially ultra vires in the Mubeen-us-Salam case apply to proceedings that were pending at the time of the judgment?
  Read full judgment →
• Dunya Bux And Another vs The State2011 YLR 2542 · Sindh High Court · 2011-04-27
  post-arrest bailKaro Karimurderhouse trespasscommon intentionheinous offence
  Summary & questions settled

  This criminal bail application arises from the dismissal of the applicants' bail plea by the Additional Sessions Judge, Kandhkot, in connection with an F.I.R. involving offences under sections 452, 324, 337-A(ii), 148, 149, 109, and 302 of the Pakistan Penal Code 1860, stemming from an incident related to the custom of 'Karo Kari'. The core legal question is whether the applicants, who were alleged to have committed house trespass, caused minor injuries, and intimidated witnesses while facilitating the murder arising from a 'Karo Kari' dispute, are entitled to post-arrest bail under section 497 of the Code of Criminal Procedure 1898. The Sindh High Court held that the applicants played an active role in a heinous offence promoting the custom of 'Karo Kari' and dismissed the bail application, noting their presence, specific attribution, and active participation during the commission of the crime. The key principle laid down is that courts must not view offences connected with the barbaric custom of 'Karo Kari' lightly, and active participants in such crimes, including those facilitating through trespass and intimidation, are not entitled to post-arrest bail.

  Questions settled

  • Are accused persons entitled to post-arrest bail when they are alleged to have actively participated in a house trespass and facilitated a murder connected to the custom of Karo Kari?
  • Does an injury falling outside the prohibitory clause of section 497(1) of the Code of Criminal Procedure 1898 automatically entitle an accused to bail in a case involving a heinous crime and multiple co-accused?
  • Whether active participation and intimidation during the commission of a murder preclude the grant of bail under section 497 of the Code of Criminal Procedure 1898?
  Read full judgment →
• Dr. Syed Misbahuzzafar vs Mst. Roohana and 3 others2011 CLC 995 · Sindh High Court · 2011-03-08Read full judgment →
• Dr. Syed Misbah-uz-Zafar vs Mst. Roohana and 3 others2011 C.L.R. 1163 · Sindh High Court · 2011-03-08Read full judgment →
• Dr. Sohrab Khan vs Special Judge, Antiterrorism Court and another2011 MLD 1212 · Sindh High Court · 2011-04-14Read full judgment →
• Dr. Shaista Wahidi vs Ary Communications (Pvt.) Limited and another2011 CLC 614 · Sindh High Court · 2010-11-02Read full judgment →
• Dr. Shahzad Alam and 2 others vs Beacon Light Academy and 5 others2011 CLC 1866 · Sindh High Court · 2011-07-04
  interim injunctionactionable nuisanceresidential plotprivate schoolpublic interestcoming to the nuisancetown planning regulationsbalance of convenience
  Summary & questions settled

  This matter arose from applications for interim injunctive relief filed by residential property owners seeking to restrain defendants from operating a commercial school on residential plots. The plaintiffs alleged that the school caused severe traffic congestion, noise pollution, and actionable private nuisance, while violating municipal building and town planning regulations. The defendants contended that the neighborhood's residential character had already altered, plaintiffs bought their properties knowing the school existed, and public interest in education prevailed. The Sindh High Court held that operating a school on residential premises can constitute an actionable nuisance, and purchasing property near an existing nuisance is no defense. However, the Court determined that where a school has been operational for years with hundreds of enrolled students whose educational routine would be severely disrupted, the larger public interest in education outweighs private property rights at the interlocutory stage. Exercising equitable discretion, the Court refused interim injunctive relief and dismissed the applications.

  Questions settled

  • Does the fact that a plaintiff purchased residential property after an alleged nuisance commenced disentitle them from claiming relief for private nuisance?
  • Can the regular operation and traffic movement associated with a commercial school on residential plots constitute an actionable private nuisance?
  • Is public interest in continuing children's education a valid factor in exercising court discretion to withhold interim injunctive relief against an established school?
  Read full judgment →
• Dr. Nosheen Fatima vs Federation of Pakistan through Ministry of Health2011 CLC 1253 · Sindh High Court · 2011-02-12Read full judgment →
• Dr. Naheed Fatima and 3 others vs Messrs Pakistan International Air2011 PLD Karachi 514 · Sindh High Court · 2011-05-27Read full judgment →
• Dr. Muhammad Ali Thalho vs Chief Election Commissioner, Islamabad2011 PLD Karachi 226 · Sindh High Court · 2010-12-07Read full judgment →
• Dr. Mariam Jamila Jatoi and another vs Province of Sindh through Secretary, Health Sindh and 2 others2011 PLC (C.S.) 407 · Sindh High Court · 2010-11-26
  constitutional petitionpublic appointmentcompetent authorityvested rightspecialist cadre doctorsprovincial minister
  Summary & questions settled

  This constitutional petition was filed by qualified doctors seeking a declaration that the respondents' failure to issue posting orders to them was illegal, and praying for a direction to issue such orders. The petitioners relied on a letter issued by the Minister of Health, Government of Sindh, informing them of their success in a test conducted by the National Testing Service. The core legal question was whether a communication of selection by a provincial Minister, in the absence of a recommendation from the Public Service Commission or appointment by the competent authority, creates a legally enforceable right to an appointment. The Sindh High Court held that the Minister is not a competent authority under the relevant rules to make or announce appointments, and that cases relying on Public Service Commission recommendations were distinguishable. The court ruled that no legal rights or consequences can flow from a document issued by a non-competent person, and dismissed the petition in limine, establishing the principle that executive communications by authorities lacking statutory competence cannot confer a vested right to public employment.

  Questions settled

  • Does a letter of selection issued by a provincial Minister, who is not the competent authority under the service rules, create a legally enforceable right to an appointment?
  • Are precedents concerning recommendations by the Public Service Commission applicable to cases where no such recommendation exists?
  • Can a person claim a right to public appointment on the ground that others have allegedly been recruited in violation of the law?
  Read full judgment →
• Dr. Hassan Bux Rind and 11 others vs Province of Sindh through Secretary2011 PLC (C.S.) 228 · Sindh High Court · 2010-06-18
  constructive res judicataregularization of servicecontractual employmentstatutory bodycivil servantsmaintainability of petitionsuccessive petitions
  Summary & questions settled

  This constitutional petition challenged the regularization of the petitioners' services under the SESSI Revised Regulation 2006, arguing they were entitled to regularization under the Sindh Employees Social Security Institution Service Regulations 1987 or the Sindh Regularization of Doctors Appointed on Contract Basis Act 2003. The petitioners, employed as medical officers on contract, had previously filed constitutional petitions seeking regularization, which were disposed of in 2009 after the respondents regularized their services with immediate effect. The court held that the current petition was barred by the principle of constructive res judicata, as the issue of regularization had already been adjudicated and the petitioners had accepted the previous court order disposing of their earlier petitions. Furthermore, the court rejected the claim regarding the Sindh Regularization of Doctors Appointed on Contract Basis Act 2003, clarifying that the Act applies exclusively to civil servants and not to employees of statutory bodies like the Sindh Employees Social Security Institution. Consequently, the court dismissed the petition, affirming that successive litigation on the same cause of action is not maintainable.

  Questions settled

  • Does the principle of constructive res judicata bar a second petition for regularization when a previous petition on the same cause of action was disposed of after the relief was granted?
  • Does the Sindh Regularization of Doctors Appointed on Contract Basis Act 2003 apply to employees of statutory bodies like the Sindh Employees Social Security Institution?
  • Can a petitioner challenge the terms of their regularization after accepting a previous court order that disposed of their earlier petition based on that same regularization?
  Read full judgment →
• Dr. Farooque Ali Ansari vs Federation of Pakistan through Secretary, Health2011 C.L.R. 842 · Sindh High CourtRead full judgment →
• Dr. Farooque Ali Ansari vs Federation of Pakistan through Secretary2011 PLD Karachi 228 · Sindh High Court · 2011-02-25Read full judgment →
• Dr. Farah Naz and others vs Province of Sindh through Secretary Labour2011 PLC 153 · Sindh High Court · 2010-11-22
  Constitutional petitionMaintainabilityStatutory rulesAd-hoc employeesSESSIService mattersWrit jurisdictionLabour Court
  Summary & questions settled

  The petitioners, ad-hoc employees of the Sindh Employees Social Security Institution (SESSI), challenged their termination, seeking reinstatement and regularization based on a Governing Body resolution. The core legal question was whether the High Court has jurisdiction under Article 199 of the Constitution to adjudicate service-related grievances of employees of a body corporate where no statutory service rules exist. The Court held that the petitions were not maintainable. Relying on the principle established in Pakistan International Airlines Corporation v. Tanweer-ur-Rehman, the Court ruled that in the absence of statutory service rules, employees of an organization—even if owned or controlled by the government—cannot invoke the writ jurisdiction of the High Court regarding terms and conditions of employment. The Court clarified that while the institution is a body corporate, its internal regulations do not constitute statutory rules. Consequently, the petitions were dismissed in limine, with the Court noting that petitioners classified as workmen may pursue remedies before the Labour Court, while others may seek damages through appropriate legal channels.

  Questions settled

  • Can an employee of a body corporate maintain a constitutional petition regarding terms and conditions of service in the absence of statutory rules?
  • Does the Governing Body of the Sindh Employees Social Security Institution have the power to frame statutory service regulations under the Provincial Employees Social Security Ordinance 1965?
  • Is a writ petition maintainable against the Sindh Employees Social Security Institution for the termination of ad-hoc employees?
  Read full judgment →
• Dr. Atta Muhammad Panhwar through Attorney vs Faisal Mughal and 22011 CLC 981 · Sindh High Court · 2011-02-21Read full judgment →
• Dr. Anjum Ara Manzar vs The State2011 YLR 2914 · Sindh High Court · 2011-05-19
  pre-arrest baildishonoured chequeSection 489-F PPCsurety amountfiduciary relationshipbailable offencecriminal procedure
  Summary & questions settled

  This application for pre-arrest bail concerns an accused, a doctor, charged under Section 489-F of the Pakistan Penal Code 1860 for allegedly issuing dishonoured cheques to a senior advocate. The core legal question was whether the applicant was entitled to pre-arrest bail given the nature of the offence and the existing fiduciary relationship between the parties. The Court held that the applicant was entitled to confirmation of pre-arrest bail. It reasoned that the matter involved documentary evidence requiring further inquiry, the offence did not fall within the prohibitory clause, and there was an inordinate delay of two years in lodging the F.I.R. Furthermore, the Court rejected the complainant's request to mandate a surety amount equivalent to the dishonoured cheque, affirming that surety amounts should be reasonable and determined based on the facts of each case to ensure attendance, rather than serving as a punitive measure. The key principle laid down is that the grant of bail in bailable offences is the rule, and surety amounts should not be used to penalize an accused or defeat the purpose of bail.

  Questions settled

  • Is the grant of bail in bailable offences considered a rule rather than an exception?
  • Should the surety amount in cases involving dishonoured cheques be automatically equivalent to the cheque amount?
  • Does the existence of a fiduciary relationship between an advocate and a client affect the assessment of bail in a criminal complaint?
  • Can a court grant pre-arrest bail when the alleged offence does not fall within the prohibitory clause?
  Read full judgment →
• Dost Muhammad vs The State2011 YLR 268 · Sindh High Court · 2010-09-21
  narcoticspossession of charasinvestigating officerchemical examiner reportpublic witnesssentence reductionControl of Narcotic Substances Act
  Summary & questions settled

  This criminal appeal challenges the conviction of the appellant under sections 6 and 9-C of the Control of Narcotic Substances Act, 1997, for the possession of 58 kilograms of Charas. The appellant contended that the investigation was flawed because the complainant, seizing officer, and investigating officer were the same individual, that no public witnesses were associated with the recovery, and that the Chemical Examiner's report was unreliable as the samples were consumed during testing. The Court held that under the Control of Narcotic Substances Act, 1997, there is no legal bar preventing an officer from performing multiple roles in an investigation. Furthermore, the Court affirmed that the absence of public witnesses does not invalidate a recovery, as section 25 of the Act excludes the application of section 103 of the Code of Criminal Procedure, 1898. The Court also ruled that the consumption of samples by the Chemical Examiner does not render the report doubtful. While the conviction was upheld, the Court reduced the sentence to 20 years imprisonment, considering the appellant's severe medical condition.

  Questions settled

  • Can the same officer act as the complainant, seizing officer, and investigating officer in a case under the Control of Narcotic Substances Act, 1997?
  • Does the failure to associate public witnesses at the time of recovery invalidate a search conducted under the Control of Narcotic Substances Act, 1997?
  • Is a Chemical Examiner's report unreliable if the samples provided for analysis are consumed during the testing process?
  • Does section 25 of the Control of Narcotic Substances Act, 1997 exclude the application of section 103 of the Code of Criminal Procedure, 1898?
  Read full judgment →
• Dollar Industries (Pvt.) Ltd. through Abdullah Feroz and anothers vs Nisar Traders through Proprietor and 7 others2011 CLD 847 · Sindh High Court · 2011-02-18
  trademark infringementregistered designtemporary injunctionintellectual property rightsdeceptive similarityprima facie casebalance of convenience
  Summary & questions settled

  This matter concerns a suit for declaration, rendition of accounts, and permanent injunction filed by the plaintiffs against the defendants for alleged infringement of their registered trademark and design for a pen product marketed under the name "POINTER". The plaintiffs sought a temporary injunction under Order XXXIX, Rules 1 and 2, Code of Civil Procedure 1908, to restrain the defendants from manufacturing or selling the "SCOT" pen, which the plaintiffs claimed was deceptively similar to their registered design. The core legal question was whether the plaintiffs established a prima facie case, balance of convenience, and irreparable loss to warrant interim relief. The court held that the plaintiffs, as the registered proprietors of the design, were entitled to protection against infringement. It observed that the defendants failed to substantiate claims of prior publication or invalidity of the registration. Consequently, the court granted the temporary injunction, finding that the visual resemblance between the products was sufficient to cause confusion and deception among the public, thereby satisfying the requirements for interim relief.

  Questions settled

  • Does the visual resemblance between two product designs constitute sufficient grounds to establish infringement for the purpose of granting a temporary injunction?
  • Are the holders of a registered design entitled to prevent third parties from manufacturing or selling products that are deceptively similar to their registered design?
  • Does the failure of a defendant to provide evidence of prior publication or invalidity of a registered design support the grant of an interim injunction in favor of the registered proprietor?
  Read full judgment →
• Divisional Forest Officer, Larkana And 3 Others vs Mst. Raj Bibi And Others2011 YLR 371 · Sindh High Court · 2010-10-01Read full judgment →
• Dildar vs The State2011 YLR 1509 · Sindh High Court · 2011-01-25
  Anti-Terrorism Court jurisdictionlack of jurisdictionscheduled offencesremand of casetrial court competencecriminal appeal
  Summary & questions settled

  This appeal challenges the conviction of the appellant by the Anti-Terrorism Court, Sukkur, for various offences including kidnapping, dacoity, and mischief. Upon review, the High Court observed that none of the offences charged fell within the ambit of the scheduled offences under the Anti-Terrorism Act, 1997. Furthermore, the trial court had failed to charge the accused under Section 302 of the Pakistan Penal Code for the murder of the deceased. Citing the principle that proceedings conducted by a court lacking mandatory jurisdiction are illegal and void, the High Court determined that the Anti-Terrorism Court acted beyond its jurisdiction in trying the case. Consequently, the High Court set aside the impugned judgment as untenable and without jurisdiction. The matter was remanded with directions to the Anti-Terrorism Court to remit the case to the Court of Session, which possesses the appropriate jurisdiction to conduct the trial in accordance with the law.

  Questions settled

  • Does an Anti-Terrorism Court have jurisdiction to try offences that do not fall within the scheduled offences of the Anti-Terrorism Act, 1997?
  • What is the legal consequence when a court exercises jurisdiction it does not possess?
  • Can a judgment be set aside if the trial court lacked the mandatory jurisdiction to adjudicate the matter?
  Read full judgment →
• Dhani Bux vs The State2011 MLD 1419 · Sindh High Court · 2011-06-03
  jail appealmurder convictionunnatural conducteye-witness credibilityweapon recovery discrepancybenefit of doubtappreciation of evidence
  Summary & questions settled

  This jail appeal arose from a judgment of the Sessions Judge, Dadu, convicting the appellant under Section 302(b) of the Pakistan Penal Code 1860 for the murder of his nephew's wife. The prosecution alleged that the appellant, an elderly man, repeatedly struck the deceased with a hatchet inside her home in the presence of her husband and son, who allegedly snatched the weapon. The High Court, on appeal, evaluated the evidence and identified critical contradictions. Specifically, while the complainant claimed the hatchet was snatched on the spot, the investigating officer testified to recovering the weapon from bushes six days later, creating an unresolved discrepancy. Furthermore, the court found it highly unnatural that a husband and adult son would stand by for five minutes without intervening to save the deceased from an unarmed, elderly, and infirm assailant. Applying the rule of prudence, the court held that the presence of the eye-witnesses was doubtful and that the prosecution failed to prove its case beyond a reasonable doubt. The appeal was allowed, and the conviction was set aside.

  Questions settled

  • Whether the failure of real relatives to intervene and protect a victim from an unarmed assailant makes their presence at the scene of occurrence doubtful?
  • Can a conviction be sustained when there is a material contradiction regarding the recovery and possession of the weapon of offence?
  • Does the rule of benefit of doubt require that any reasonable possibility in favour of the accused be preferred over the prosecution's case?
  Read full judgment →
• Dewan Development (Pvt.) Ltd. and 2 others vs Messrs Mybank Ltd.2011 MLD 1368 · Sindh High Court · 2010-12-29
  memorandum of understandingspecific performancereciprocal promisesnovation of contractinterim injunctionbanking disputethird party interest
  Summary & questions settled

  This judgment from the Sindh High Court resolves C.M.A. No. 6463 of 2010, wherein the plaintiffs sought a restraining order to prevent the defendant bank from creating third-party interests in certain properties. The core legal question concerned whether a Memorandum of Understanding (MoU) executed between the parties—requiring reciprocal acts, including the conditional transfer of properties by the plaintiffs in exchange for the roll-over and restructuring of liabilities by the defendant—subsisted independently or had been superseded by subsequent sale agreements and sale deeds. The court held that the MoU was a valid, subsisting, independent contract that was not superseded or novated by the subsequent property transfer documents, which were merely executed in part performance of the MoU's terms. The court established that where parties enter into an MoU involving reciprocal obligations and one party performs its consideration, the other party cannot evade its corresponding obligations under the guise of subsequent implementing documents, and interim injunctive relief is warranted to protect the subject properties pending final adjudication.

  Questions settled

  • Whether a Memorandum of Understanding is superseded by subsequent sale agreements and sale deeds executed pursuant to its terms?
  • Can a party that has received consideration under an MoU refuse to perform its reciprocal obligations while retaining the benefits received?
  • Whether non-joinder or mis-joinder of parties is fatal to a suit at the interlocutory stage when curable applications under Order I Rule 10 of the Code of Civil Procedure 1908 are pending?
  • Is a suit for specific performance and injunction maintainable when it is alleged that the defendant failed to roll over and restructure liabilities as agreed in an MoU?
  Read full judgment →
• Dewan Development (Pvt.) Ltd. and 2 others vs Messrs Mybank Limited2011 CLD 1238 · Sindh High Court · 2010-12-29Read full judgment →
• Delhi Mercantile Cooperative Society Ltd. Through General Secretary vs Registrar Cooperative Societies, Sindh Hyderabad And Another2011 YLR 2121 · Sindh High Court · 2011-05-25
  cooperative societiessuo motu inquirydiscretionary powersnatural justicereasons for ordercivil court jurisdictionspecific relief act
  Summary & questions settled

  The plaintiff cooperative society filed a suit challenging an inquiry order passed by the Registrar, Cooperative Societies under Section 43(1) of the Cooperative Societies Act, 1925, and a consequential letter, as being without jurisdiction, mala fide, and in violation of natural justice and Section 24-A of the General Clauses Act. The core legal question was whether the Registrar's suo motu discretionary power to order an inquiry under Section 43(1) is unbridled or whether it must be supported by reasons and accord with natural justice. The Sindh High Court held that while the Registrar possesses independent suo motu powers under Section 43(1) to inquire into a society's constitution, working, or financial condition, such discretionary powers are not unbridled or absolute. They must be exercised reasonably, fairly, and justly, and orders passed thereunder must reflect reasons and comply with the principles of natural justice and Section 24-A of the General Clauses Act. The court concluded that the impugned order, having been issued without assigning any reasons or providing the gist of allegations, was void and set it aside, while clarifying that the Registrar was not precluded from initiating a fresh inquiry in accordance with law.

  Questions settled

  • Whether the Registrar's suo motu power to order an inquiry under Section 43(1) of the Cooperative Societies Act, 1925, is subject to the principles of natural justice and Section 24-A of the General Clauses Act?
  • Does a civil suit challenging an administrative inquiry order passed under the Cooperative Societies Act, 1925, fall under the bar of jurisdiction contained in Section 70-A of the said Act?
  • Whether an order for holding an inquiry issued by the Registrar under Section 43(1) of the Cooperative Societies Act, 1925, without assigning reasons or disclosing the gist of allegations is legally sustainable?
  • Can a civil court examine the validity of an administrative order passed by a statutory authority when the action is alleged to be in violation of natural justice?
  Read full judgment →
• Deedar Hussain Jakhrani and others vs Federation of Pakistan through Secretary Establishment and others2011 PLC (C.S.) 203 · Sindh High Court · 2010-09-17
  senioritydeputationabsorptionpromotionmaintainabilitycivil servantsservice tribunalquo warranto
  Summary & questions settled

  This constitutional petition was filed by directly recruited Senior Patrol Officers (BPS-16) of the National Highway and Motorway Police (NH&MP) challenging the seniority and promotion of private respondents who were inducted on deputation from provincial police departments. The petitioners contended that the private respondents were illegally granted one-step promotions at the time of induction on deputation and were subsequently absorbed without proper Departmental Promotion Committee (DPC) proceedings. The court examined whether the petition was maintainable under Article 212 of the Constitution given that seniority is a term of service. The court held that since the department had only issued a 'provisional' seniority list and failed to finalize it after receiving objections, no 'final order' existed to invoke the Service Tribunal's jurisdiction, making the writ petition maintainable. The court ruled that promotions cannot be granted to deputationists simultaneously with their induction; absorption must precede promotion, and such promotion must be recommended by a validly constituted DPC. Consequently, the court set aside the initial promotions of the private respondents and directed the issuance of a final seniority list.

  Questions settled

  • Whether a provisional seniority list that invites objections can be considered a 'final order' for the purpose of filing an appeal before the Service Tribunal?
  • Can a civil servant be promoted to a higher grade at the same time they are being taken on deputation from a parent department?
  • Whether an 'Induction Committee' can legally substitute the functions and mandate of a 'Departmental Promotion Committee' (DPC)?
  • Does the High Court have jurisdiction under Article 199 when the departmental authority fails to finalize a seniority list, despite the bar under Article 212?
  Read full judgment →
• Darakhshan Jahan and others vs Province of Sindh through Secretary2011 PLD Karachi 212 · Sindh High Court · 2011-02-23
  writ jurisdictionArticle 199(5)administrative actionrecruitment testjudicial serviceouster clausesubstantial justice
  Summary & questions settled

  These constitutional petitions challenged the conduct of a preliminary recruitment test for Civil Judges and Judicial Magistrates, specifically regarding a discrepancy in test duration. The petitioners contended that while the question paper indicated a 120-minute duration, candidates were abruptly instructed to complete the test in 60 minutes, causing significant prejudice. The respondents argued that the petitions were barred by Article 199(5) of the Constitution, which protects administrative actions of the High Court. The Court held that while administrative actions of the High Court are indeed protected under Article 199(5), the error committed by the testing agency (NTS) in printing incorrect instructions created a situation of unfairness. Consequently, to ensure substantial justice, the Court directed that all unsuccessful candidates be permitted to reappear in the next scheduled preliminary test without additional fees, while clarifying that this relief would not prejudice candidates who had already qualified. The judgment affirms that while ouster clauses protect High Court administrative functions, the court retains the inherent power to rectify procedural injustices caused by external agencies in recruitment processes.

  Questions settled

  • Are administrative actions of the High Court protected from writ jurisdiction under Article 199(5) of the Constitution of Pakistan 1973?
  • Can a High Court grant relief to candidates in a recruitment test when an external testing agency commits a procedural error?
  • Does the ouster clause in Article 199(5) of the Constitution of Pakistan 1973 apply to all administrative actions of the High Court?
  Read full judgment →
• Dadex Eternit Limited vs Syed Haroon Ahmed and others2011 PLD Karachi 435 · Sindh High Court · 2011-03-09Read full judgment →
• Dadex Eternit Limited vs Syed Haroon Ahmad and 3 others2011 C.L.R. 1024 · Sindh High Court · 2011-02-21Read full judgment →
• Dad Ex Eternit Limited vs Syed Haroon Ahmed and others2011 CLD 1119 · Sindh High Court · 2011-03-09Read full judgment →
• Hajan and another vs The State2011 MLD 1263 · Sindh High Court · 2011-01-07
  post-arrest bailcriminal historyaffidavit of exonerationtampering of evidenceprohibitory clausemurderkidnapping
  Summary & questions settled

  This bail application arose from an FIR registered under sections 302, 364, 147, 148, and 149 of the Pakistan Penal Code 1860, concerning the kidnapping and murder of a young man. The applicants sought post-arrest bail, relying on affidavits from the complainant and a witness claiming false implication due to enmity. The core legal question was whether these affidavits, filed after the submission of the challan, warranted the grant of bail, and whether the applicants' criminal history and the nature of the offence justified continued detention. The Court held that the bail application should be dismissed. It reasoned that affidavits filed at a late stage, particularly when the accused have a track record of heinous crimes, are viewed with suspicion as potential products of coercion or influence. Furthermore, the Court emphasized that the applicants' history of criminal activity and the fact that their arrest followed a police encounter involving illegal weapons demonstrated a blatant misuse of prior bail concessions. The principle established is that courts must exercise extreme caution regarding "U-turns" by complainants and that the notorious nature of the accused remains a critical factor in bail adjudication.

  Questions settled

  • Can affidavits filed by a complainant to exonerate an accused after the submission of a challan be relied upon for the grant of bail?
  • Does the criminal history and notorious nature of an accused constitute a valid ground for refusing bail?
  • Does the offence of abetment under Section 114 of the Pakistan Penal Code 1860 bring a case within the prohibitory clause of Section 497 of the Code of Criminal Procedure 1898?
  Read full judgment →
• D Saifullah Khan And Others vs Karachi Customs Agents Association2011 YLR 202 · Sindh High Court · 2010-09-22
  Arbitration ActRule of the CourtArbitral AwardEstoppelAcquiescenceObjections to AwardArbitrator's Jurisdiction
  Summary & questions settled

  This matter concerns the filing of an arbitration award for the purpose of making it a Rule of the Court under the Arbitration Act, 1940. The core legal question before the Sindh High Court was whether the objections raised by a defendant against the arbitral award—specifically regarding allegations of lack of notice, insufficient hearing, and biased proceedings—warranted setting aside the award. The court overruled the objections, finding them frivolous and unsupported by the record. The court held that the arbitrator provided sufficient opportunity for hearing, including accommodating late written arguments, and that the defendant had actively participated in the proceedings. Consequently, the court made the award a Rule of the Court. The judgment reaffirms the principle of estoppel and acquiescence; a party who submits to the jurisdiction of an arbitrator and participates in the proceedings is estopped from subsequently challenging the arbitrator's authority or the fairness of the process, especially when the record demonstrates that the party was given ample opportunity to be heard.

  Questions settled

  • Can a party that has participated in arbitration proceedings subsequently challenge the jurisdiction of the arbitrator?
  • Does the principle of estoppel apply to a party who has consented to arbitration and participated in the proceedings?
  • Under what circumstances can a court refuse to make an arbitral award a Rule of the Court?
  • Is an arbitral award liable to be set aside if the arbitrator considered written arguments submitted by a party after the proceedings were concluded?
  Read full judgment →
• Crescent Star Insurance Company Limited vs Securities and Exchange2011 CLD 173 · Sindh High Court · 2010-10-15Read full judgment →
• Continental Cable (Pvt.) Ltd. vs Messrs China Harbor Engineering Co.2011 CLD 1625 · Sindh High Court · 2011-06-13
  bank guaranteemobilization advanceperformance guaranteearbitrationinjunctionsub-contractbreach of contract
  Summary & questions settled

  This matter concerns a commercial dispute arising from a sub-contract for the supply and laying of cables between the plaintiff sub-contractor and the first defendant. The core legal questions relate to whether the court should grant an injunction to restrain the encashment of performance and mobilization bank guarantees furnished under the sub-contract, and whether the dispute ought to be referred to arbitration. The Sindh High Court held that while an unconditional mobilization advance guarantee is an independent contract payable on demand and cannot be restrained from encashment, a performance guarantee stands on a different footing and should not be encashed when there is a bona fide dispute and prima facie evidence of substantial work performance requiring adjudication by evidence. The court laid down the principle that encashment of a performance bond/guarantee may be restrained pending arbitration where there are active disputes regarding contract default and completion of work, whereas mobilization advance guarantees remain payable according to their independent terms.

  Questions settled

  • Can a court restrain the encashment of a mobilization advance bank guarantee?
  • Whether encashment of a performance bond can be restrained when there is a bona fide dispute regarding contract completion?
  • Does a performance guarantee stand on a different legal footing than a mobilization advance guarantee?
  • Should a commercial dispute containing an arbitration clause be referred to an arbitrator instead of being adjudicated on merits by the court?
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• Continental Cable (Pvt.) Ltd vs Messrs China Harbor Engineering Co.2011 YLR 2876 · Sindh High Court · 2011-06-13Read full judgment →
• Commissioner of Income Tax, Karachi vs Messrs B.R.R. Investment (Pvt.)2011 PTD 2148 · Sindh High Court
  Income Tax ReferenceModarababody corporatecapital gainstax exemptionretrospective applicationclarificatory amendmentcompany definition
  Summary & questions settled

  This Income Tax Reference before the Sindh High Court concerned whether a Modaraba should be treated as a 'body corporate' and thus a 'company' under the Income Tax Ordinance, 1979, for the purpose of exempting capital gains on the sale of Modaraba certificates under Clause 116 of the Second Schedule. The revenue department contended that Modarabas were only formally included in the definition of a company via the Finance Act, 1992, and thus gains prior to this amendment were taxable. The assessee argued that Modarabas, being distinct legal entities with perpetual succession and tradable certificates on the Stock Exchange, inherently qualified as bodies corporate. The Court held that the 1992 amendment adding clause (cc) to Section 2(16) was clarificatory and remedial in nature, intended to resolve existing confusion. Applying the principle that beneficial and curative legislation operates retrospectively, the Court affirmed the Appellate Tribunal's decision. It ruled that Modarabas were companies even prior to the amendment, making capital gains from their certificates exempt from tax.

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• Commissioner of Income Tax, Companies-I, Karachi vs Messrs State2011 PTD 886 · Sindh High Court · 2011-01-07Read full judgment →
• Commissioner Of Income Tax, Companies-I vs Humayun Ellahi ShaikhPTCL 2011 CL. 479 · Sindh High Court · 2010-10-26Read full judgment →
• Commissioner of Income Tax, Companies-1, Karachi vs Humayun Ellahi2011 PTD 145 · Sindh High Court · 2010-10-26Read full judgment →
• Commissioner of Income Tax vs I.B.M., Semea, Karachi2011 PTD 2275 · Sindh High Court · 2011-06-21Read full judgment →