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.

• Habibullah vs The StateK.L.R. 2007 Criminal Cases 316 · Sindh High Court · 2007-01-17
  narcotics possessioncharasmaterial contradictionsbenefit of the doubtcriminal appealacquittalcontrol of narcotic substances
  Summary & questions settled

  This criminal appeal challenges the judgment of the Special Judge, C.N.S., Nawabshah, convicting the appellant under Section 9(c) of the Control of Narcotic Substances Act, 1997, and sentencing him to rigorous imprisonment with a fine. The core legal question concerns whether the prosecution proved the charge of narcotics possession beyond a reasonable doubt in light of material contradictions in the evidence, non-production of a key witness, and discrepancies in the weight and pieces of the recovered charas. The Sindh High Court allowed the appeal, set aside the conviction, and acquitted the appellant. The court held that material contradictions among professional police witnesses, discrepancies in the weight of the case property compared to the chemical examiner's report, and the failure to examine the constable who conducted the search and seizure rendered the prosecution case doubtful, entitling the accused to the benefit of the doubt.

  Questions settled

  • Whether material contradictions in the testimony of professional police witnesses are fatal to the prosecution's case?
  • Does a discrepancy in the weight of recovered narcotics between the seizure and the chemical examiner's report create reasonable doubt?
  • Whether the failure to examine a key police witness who performed the search and recovery warrants acquittal?
  • Is an accused entitled to an acquittal when previous enmity and false implication by police officials are reasonably established?
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• Habibullah alias Habib vs The State2007 YLR 216 · Sindh High Court · 2006-05-26
  post-arrest bailconcession by stateenmity between partiesgeneral allegationsOffences Against Property (Enforcement of Hudood) Ordinance
  Summary & questions settled

  The applicant sought post-arrest bail while facing trial along with nine other persons for an offence under section 17(3) of the Offences Against Property (Enforcement of Hudood) Ordinance, 1979. The learned State counsel conceded to the grant of bail, acknowledging that there was admitted enmity between the parties regarding a piece of land, that the allegations against the applicant were of a general nature, and that no specific role had been attributed to him. Considering these circumstances, the Sindh High Court accepted the application and granted post-arrest bail to the applicant subject to furnishing the requisite security bond. The court laid down that where enmity is admitted and allegations are general without a specific role attributed, bail may be granted to an accused facing trial.

  Questions settled

  • Whether post-arrest bail should be granted when there is admitted enmity between the parties and allegations of a general nature are made without attributing a specific role to the accused?
  • Can bail be granted upon the concession of the State counsel when the circumstances warrant further inquiry?
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• Habibullah alias Bhutto and 4 others vs The State2007 PLD Karachi 68 · Sindh High Court · 2006-08-10
  criminal appealSection 342 Cr.P.C.Section 367 Cr.P.C.trial court judgmentremandincriminating evidencemiscarriage of justiceappreciation of evidence
  Summary & questions settled

  This criminal appeal challenges the conviction of the appellants under sections 302, 147, 149, and 34 of the Pakistan Penal Code 1860. The appellants contended that the trial court failed to record their statements under section 342 of the Code of Criminal Procedure 1898 correctly, merely reproducing the charge instead of putting incriminating evidence to them. Additionally, the appellants argued that the judgment violated section 367 of the Code of Criminal Procedure 1898 by failing to provide reasoned findings. The Sindh High Court held that the trial judge is legally obligated to put all incriminating evidence to the accused to obtain their explanation. Furthermore, the court emphasized that a judgment must be lucid, containing a thorough discussion of the evidence and specific reasons for the decision, rather than mere conclusions. Finding that the trial court’s failure to provide such reasoning constituted an incurable illegality under section 537 of the Code of Criminal Procedure 1898, the High Court set aside the impugned judgment and remanded the case for retrial from the stage of recording the accused's statements.

  Questions settled

  • Does the mere reproduction of the charge as a question to the accused satisfy the requirements of section 342 of the Code of Criminal Procedure 1898?
  • Is a judgment that fails to discuss the evidence and provide specific reasons for the conviction legally sustainable under section 367 of the Code of Criminal Procedure 1898?
  • Can a defect in a judgment regarding the failure to assign reasons be cured under section 537 of the Code of Criminal Procedure 1898?
  • What is the duty of a trial judge when recording the statement of an accused under section 342 of the Code of Criminal Procedure 1898?
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• Habibullah alias Bhutto and 4 others vs StatePLJ 2007 Cr.C. (Karachi) 269 · Sindh High Court · 2006-08-10
  criminal appealmurder trialstatement of accusedincriminating evidencejudgment writingreasons for decisionremand of caseretrial
  Summary & questions settled

  This criminal appeal challenges the judgment of the Additional Sessions Judge, Kandiaro, convicting the appellants under Sections 302, 147, 149, and 34 of the Pakistan Penal Code 1860, including a death sentence for one appellant. The core legal questions involve whether the trial court committed incurable illegality by merely reproducing the charge as Question No. 1 during the examination of the accused under Section 342 of the Code of Criminal Procedure 1898 without putting incriminating pieces of evidence to them, and whether the judgment violated the mandatory provisions of Section 367 of the Code of Criminal Procedure 1898 by failing to discuss the evidence and assign reasons for the decision. The Sindh High Court held that the trial court's mechanical reproduction of the charge and failure to provide reasoned analysis of the evidence vitiated the judgment, which could not be cured under Section 537 of the Code of Criminal Procedure 1898. The court laid down the principle that a trial judge must put all specific incriminating evidence separately to the accused under Section 342 and write a reasoned judgment containing a thorough discussion of the evidence under Section 367, failing which the judgment is set aside and the case remanded for retrial from that stage.

  Questions settled

  • Whether the reproduction of the charge as a question in the statement of the accused under Section 342 of the Code of Criminal Procedure 1898 satisfies the legal requirement of putting incriminating circumstances to the accused?
  • Is a judgment written without discussion of the oral and other evidence and without assigning reasons sustainable under Section 367 of the Code of Criminal Procedure 1898?
  • Does a failure to properly record the statement of the accused and write a reasoned judgment constitute an incurable illegality warranting the setting aside of the conviction and remanding of the case?
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• Habib Bank Ltd. and another vs Wasim Enterprises and others2007 CLD 473 · Sindh High Court · 2006-09-26
  execution proceedingsbanking courtex parte decreeexecuting court jurisdictionmortgagor liabilityfinality of decreeCode of Civil Procedure
  Summary & questions settled

  This appeal arose from an order passed by a Banking Court during execution proceedings, where the court, acting on an application under Section 151 of the Code of Civil Procedure 1908, limited the liability of a respondent-mortgagor to the specific mortgage amount, effectively modifying an earlier ex parte decree. The core legal question was whether an Executing Court possesses the jurisdiction to scrutinize, modify, or go behind a final judgment and decree under execution. The High Court held that the Executing Court acted without jurisdiction. Relying on settled precedents, the Court ruled that an Executing Court is bound by the decree as it stands and cannot go behind it, even if the decree is perceived as erroneous or illegal, provided it has attained finality. The key principle laid down is that while substantial justice is a valid objective, it cannot justify a court exceeding its statutory jurisdiction or violating the settled legal principle that an Executing Court must execute the decree as it exists without attempting to rectify or alter its terms.

  Questions settled

  • Can an Executing Court modify or go behind a final judgment and decree under execution?
  • Does an Executing Court have the power to rectify errors in a final decree under the guise of substantial justice?
  • Is an Executing Court permitted to limit the liability of a judgment debtor if such limitation was not part of the original decree?
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• Habib Bank Limited vs Messrs Kiran Sugar Mills (Public) through Managing Director2007 CLD 726 · Sindh High Court · 2005-12-17Read full judgment →
• Habib Bank Limited vs Aizad Hassan and another2007 MLD 1687 · Sindh High Court · 2006-01-13Read full judgment →
• Habib Bank Ag Zurich vs Nazir Ahmed Vaid and otherss2007 MLD 131 · Sindh High Court · -
  fair rentconstitutional petitionfixation of rentrent controllerappellate authorityleased premises
  Summary & questions settled

  This constitutional petition before the Sindh High Court challenges the fixation of fair rent of the demised premises by the Appellate Authority at the rate of Rs. 500 per square foot. The core legal question involved the proper determination and fixation of fair monthly rent considering factors such as space, age and style of construction, annual property tax, and initial agreed rates, alongside disputed maintenance charges. The court examined the Commissioner's report and rival contentions regarding bifurcated payments and comparison with nearby properties. Holding that the appellate authority's determined rent was unrealistic and that comparison with a newly constructed bank premises was unjustified, the court modified and fixed the fair monthly rent at Rs. 1,50,000 based on the admitted material and relevant statutory factors. The key principle laid down is that fair rent must be determined by duly considering the physical characteristics of the premises, age and style of construction, annual property tax, and available evidence regarding comparable properties in the vicinity.

  Questions settled

  • Can maintenance charges bifurcated from the actual rent agreement be considered part of the rent during proceedings for the fixation of fair rent?
  • What are the primary factors to be considered for the fixation of fair rent of a demised premises under the law?
  • Whether the rent of a newly constructed and modern building can be used as the sole benchmark for fixing the fair rent of an old structure?
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• Gulzar Chandio vs The State2007 YLR 2626 · Sindh High Court · 2005-06-03
  post-arrest bailnarcotic substanceschemical examiner reportrecovery of contrabandcharasburden of proof
  Summary & questions settled

  This matter concerns a post-arrest bail application filed by the accused, Gulzar Chandio, who was charged with an offence under the Control of Narcotic Substances Act, 1997, following an alleged recovery of Charas. The core legal question was whether the applicant was entitled to bail given the discrepancies in the chemical examiner's report regarding the samples seized. The prosecution alleged that two bags of Charas were recovered, but the chemical report indicated that one parcel contained only traces of Charas, and it remained unclear which specific sample originated from the bag allegedly recovered from the applicant. The Court held that because the prosecution failed to establish a clear nexus between the samples and the specific recovery from the applicant, and because it remained to be proven at trial whether the substance was indeed Charas or merely traces thereof, the applicant had made out a case for further inquiry. Consequently, the Court granted bail to the applicant, emphasizing that the ambiguity regarding the chemical analysis of the recovered contraband constituted sufficient grounds for the concession of bail pending trial.

  Questions settled

  • Whether bail can be granted when the chemical examiner's report fails to clearly link the analyzed sample to the specific contraband allegedly recovered from the accused?
  • Does the presence of only 'traces' of a narcotic substance in a sample create sufficient doubt to warrant the grant of bail pending trial?
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• Grant of Probate in Respect of Estate (Movable Property) of Deceased vs Mirza Muhammad Shabbir Qizilbash_ In the matter of2007 MLD 165 · Sindh High Court · 2006-10-09Read full judgment →
• Government of Sindh through Secretary, Public Works Department, Karachi and 2 others vs Abdul Ghafoor Khinchi2007 CLC 333 · Sindh High Court · 2006-09-01Read full judgment →
• Gol Market, Cloth Merchants, Welfare Society, Liaquatabad, through its2007 C.L.R. 1619 · Sindh High Court · 2007-01-25Read full judgment →
• Global Securities Pakistan Ltd. vs Muslim Commercial Bank2007 MLD 1957 · Sindh High Court · 2007-01-11Read full judgment →
• Ghulam Sarwar and others vs Province of Sindh, Revenue Department2007 PLD Karachi 317 · Sindh High Court · 2006-08-23Read full judgment →
• Ghulam Rasool Tahir vs Ivth Sindh Labour Court, Karachi through Presiding Officer and another2007 PLC 83 · Sindh High Court · 2006-03-31
  workman definitionwrongful terminationgrievance petitionback benefitsreinstatementlabour court jurisdictionindustrial relations
  Summary & questions settled

  This appeal challenged a Labour Court judgment that dismissed a grievance petition for reinstatement, ruling the petitioner was not a 'workman' under the West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968. The core legal question was whether the appellant, employed as an Assistant Hawaldar, performed manual or clerical duties qualifying him as a 'workman' entitled to invoke the Labour Court's jurisdiction. The High Court held that the Labour Court erred in its assessment, as the evidence demonstrated the appellant performed manual and clerical tasks, not supervisory or administrative ones. The Court affirmed that an employee's designation or salary is not determinative of their status as a 'workman'; rather, the nature of duties performed is the deciding factor. Finding the termination wrongful due to a lack of explicit reasons as required by the Ordinance, the Court set aside the dismissal. However, due to the strained relationship between the parties and the closure of the security department, the Court awarded 24 months' wages as compensation in lieu of reinstatement, exercising discretion under the Industrial Relations Ordinance, 2002.

  Questions settled

  • Does an employee's designation or salary determine their status as a 'workman' under the West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968?
  • Is a termination letter that fails to provide explicit reasons for dismissal sustainable under the West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968?
  • Can a Labour Court award monetary compensation in lieu of reinstatement under the Industrial Relations Ordinance, 2002?
  • What criteria must be met for an employee to qualify as a 'workman' under the West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968?
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• Ghulam Qadir Patni vs The State2007 P Cr. L J 1435 · Sindh High Court · 2007-05-03
  Anti-Terrorism Actrecent possession of stolen propertyjoint possessionidentification paradeballistic evidencepresumption of guiltcriminal appeal
  Summary & questions settled

  This criminal appeal challenged the conviction and sentencing of the appellant by an Anti-Terrorism Court for murder, robbery, and illegal possession of arms. The core legal questions concerned the evidentiary value of an identification parade where the accused had a visible injury, the legal effect of recovering incriminating articles from jointly occupied premises, and whether the presumption of guilt arising from the possession of stolen property extends to charges of murder. The Court held that while the identification parade was flawed due to the appellant's visible injury, the prosecution successfully connected the appellant to the crime through the recovery of the robbed weapon, which was linked to the incident via ballistic evidence. The Court affirmed that while mere recovery from joint premises does not establish guilt, the appellant’s specific conduct in leading police to the weapon established conscious possession. Furthermore, the Court ruled that the presumption under Article 129(a) of the Qanun-e-Shahadat Order, 1984, regarding recent possession of stolen goods, extends to grave offences like murder when the robbery and murder constitute a single transaction. The conviction was upheld with a modification to the sentence regarding compensation default.

  Questions settled

  • Does the recovery of an incriminating article from premises jointly occupied by several persons automatically establish the guilt of any specific occupant?
  • Can the presumption of guilt arising from the recent possession of stolen property under Article 129 of the Qanun-e-Shahadat Order, 1984, be extended to charges of murder?
  • What is the maximum sentence for default in payment of compensation under Section 544-A of the Code of Criminal Procedure 1898?
  • Does a visible injury on an accused during an identification parade, if not concealed or accounted for, invalidate the identification test?
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• Ghulam Qadir and 7 others vs The State2007 P Cr. L J 1850 · Sindh High Court · 1999-01-25
  pre-arrest bailinterim baildirect complaintprivate complaintbail confirmationcriminal procedure
  Summary & questions settled

  This matter concerns an application for the confirmation of interim pre-arrest bail granted to the applicants in connection with Crime No. 4 of 1997 registered at Police Station Oderolal. The core legal question addressed is whether the applicants, who were granted interim bail in the police case, are entitled to confirmation of that bail when a parallel direct complaint regarding the same incident is pending and the applicants have already secured bail in that private complaint. The Court noted that while a charge-sheet had been submitted in the police case, the proceedings could not advance due to the established legal principle that a private complaint arising from the same facts must be tried first. Finding that the applicants had already been granted bail in the direct complaint case concerning the same facts, the Court held that it was appropriate to confirm the interim bail. The judgment affirms the principle that where multiple proceedings arise from the same incident, bail granted in one proceeding may be confirmed in the other to maintain consistency.

  Questions settled

  • Should interim pre-arrest bail be confirmed when the accused has already secured bail in a parallel direct complaint arising from the same facts?
  • Does a direct complaint take precedence over a police investigation case when both arise from the same incident?
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• Ghulam Mustafa Channa vs Muslim Commercial Bank Ltd. and others2007 PLC 493 · Sindh High Court · 2007-03-22
  misconductbanking sectormisappropriation of fundslabour courtreinstatementenquiry officerdismissal from servicebreach of trust
  Summary & questions settled

  This matter concerns cross-appeals arising from a judgment of the Sindh Labour Court, which reinstated an employee of the Muslim Commercial Bank Ltd. following his termination for misconduct involving bogus ledger entries and misappropriation of funds. The core legal questions were whether the non-examination of the Enquiry Officer before the Labour Court vitiated the proceedings and whether the subsequent restitution of funds or lack of pecuniary loss mitigated the misconduct. The High Court held that the Labour Court erred in reinstating the employee. It ruled that the non-examination of the Enquiry Officer was insignificant where the employee had admitted to the inquiry proceedings and his signatures on the record. Furthermore, the Court established that in the banking sector, which relies on public trust, any proven misappropriation of funds constitutes serious misconduct justifying dismissal, regardless of the amount or subsequent repayment. The Court emphasized that temporary misappropriation remains embezzlement, and the Labour Court cannot substitute its findings for those of the Enquiry Officer without tangible material. Consequently, the High Court set aside the reinstatement order and upheld the dismissal.

  Questions settled

  • Does the non-examination of an Enquiry Officer before a Labour Court vitiate the dismissal proceedings when the employee admits to the inquiry record?
  • Does the subsequent restitution of misappropriated funds mitigate the misconduct of a bank employee?
  • Can a Labour Court substitute its own findings for those of an Enquiry Officer without tangible material?
  • Is temporary misappropriation of funds sufficient grounds for the dismissal of a bank employee?
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• Ghulam Mustafa and another vs StatePLJ 2007 Cr.C. (Karachi) 218 · Sindh High Court · 2006-10-16
  post-arrest bailpre-arrest bailcounter-casesprohibitory clausemalicious implication
  Summary & questions settled

  This matter concerns a bail application involving counter-cases registered between the parties. The applicants contended that they were falsely implicated for malicious reasons, the investigation had been completed (challaned), and the maximum punishment for the alleged injuries sustained by the complainant did not fall within the prohibitory clause of Section 497, Code of Criminal Procedure 1898. The State counsel offered no objection to the grant of bail. Upon reviewing the record and considering the arguments, the Court found merit in the applicants' contentions. Consequently, the Court granted post-arrest bail to one applicant and confirmed the interim pre-arrest bail for the other applicants, subject to the furnishing of bail bonds to the satisfaction of the trial Court. The judgment reinforces the principle that where the maximum punishment for an offense does not fall within the prohibitory clause of Section 497, Code of Criminal Procedure 1898, and the State offers no objection, bail is generally appropriate, particularly in the context of counter-cases and potential malicious implication.

  Questions settled

  • Is bail appropriate when the maximum punishment for the alleged offense does not fall within the prohibitory clause of Section 497, Code of Criminal Procedure 1898?
  • Does the existence of counter-cases between parties support a claim for bail?
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• Ghulam Murtaza vs Secretary to the Government of Pakistan, Ministry of Minorities and others2007 YLR 2234 · Sindh High Court · 2006-03-30Read full judgment →
• Ghulam Muhammad vs Maj. Dr. Waheed Rind and others2007 P Cr. L J 1878 · Sindh High Court · 2007-08-13
  illegal dispossessioncivil suit withdrawalsummary dismissalremedy under Illegal Dispossession Actmaintainability of complaintpossession of property
  Summary & questions settled

  This revision application challenges an order passed by the IInd Additional Sessions Judge, Malir, which summarily dismissed a complaint filed under the Illegal Dispossession Act, 2005, without recording evidence. The applicant, claiming ownership and possession of a plot of land, alleged illegal dispossession by the respondents. The trial court had dismissed the complaint primarily because the applicant had previously filed and subsequently withdrawn a civil suit regarding the same property. The core legal question was whether the withdrawal of a civil suit with permission to file afresh creates a legal bar preventing a complainant from pursuing remedies under the Illegal Dispossession Act, 2005. The High Court held that the withdrawal of a civil suit with permission to file afresh does not constitute a legal bar against pursuing remedies under the Illegal Dispossession Act, 2005. Consequently, the Court set aside the impugned order, ruling that the trial court erred in dismissing the complaint without proceeding according to law after taking cognizance. The matter was remanded to the trial court for expeditious disposal in accordance with the law.

  Questions settled

  • Does the withdrawal of a civil suit with permission to file afresh create a legal bar against pursuing a remedy under the Illegal Dispossession Act, 2005?
  • Is a trial court justified in summarily dismissing a complaint under the Illegal Dispossession Act, 2005, solely on the ground of a previously withdrawn civil suit?
  • Can a court dismiss a complaint under the Illegal Dispossession Act, 2005, without recording evidence after taking cognizance of the offence?
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• Ghulam Kadir vs The State2007 YLR 1495 · Sindh High Court · 2006-10-17
  pre-arrest baildishonoured chequeprohibitory clausecriminal breachbail confirmation
  Summary & questions settled

  This matter arises from an application under Section 498 of the Code of Criminal Procedure 1898 seeking pre-arrest bail in respect of Crime No. 47 of 2006 registered at Police Station Daur under Section 489-F of the Pakistan Penal Code 1860, concerning the alleged issuance of a dishonoured cheque for a loan of Rs. 1,00,000. The core legal question involved whether pre-arrest bail should be confirmed when the offence does not fall within the prohibitory clause of Section 497 of the Code of Criminal Procedure 1898 and investigation has concluded with the submission of the challan. The Sindh High Court held that since the punishment for the charged offence extends up to three years and thus falls outside the prohibitory clause, and investigation is complete, the case warrants the confirmation of bail, as grant of bail in such offences is the general rule and refusal is an exception. The court accordingly confirmed the interim pre-arrest bail.

  Questions settled

  • Whether pre-arrest bail should be confirmed when the offence does not fall within the prohibitory clause of Section 497 of the Code of Criminal Procedure 1898?
  • Is the grant of bail the rule and refusal an exception in offences punishable with imprisonment up to three years?
  • Does the completion of investigation and submission of challan favour the confirmation of bail in non-prohibitory offences?
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• Ghulam Hussain Baloch and another vs Chiarman, National2007 PLD Karachi 469 · Sindh High Court · 2007-05-04
  NAB inquirycall-up noticeSection 19 NAO 1999right against self-incriminationArticle 13 Constitutionharassmentcase diaryinvestigation procedure
  Summary & questions settled

  This constitutional petition was filed against the National Accountability Bureau (NAB) challenging the issuance of repetitive and vague call-up notices under Section 19 of the National Accountability Ordinance 1999 (NAO 1999), alleging harassment during inquiry. The Sindh High Court evaluated the legal requirements for initiating inquiries under Section 18(c) and issuing summonses under Section 19 of NAO 1999. The Court held that before an inquiry or investigation can be initiated, the Chairman NAB must form a valid opinion under Section 18(c) that an offence under NAO 1999 has been committed. The Court further ruled that notices under Section 19 must explicitly disclose the specific offence, the name of the accused, and the precise information or documents required. Requiring personal attendance must be justified with written reasons under Section 24A of the General Clauses Act 1897. Additionally, the fundamental right against self-incrimination under Article 13 of the Constitution protects accused persons from producing incriminatory documents. Consequently, the High Court declared the impugned vague notices illegal while allowing fresh notices in compliance with the stated legal principles.

  Questions settled

  • Is the Chairman NAB required to form an opinion that a scheduled offence under the NAO 1999 has been committed before initiating an inquiry or investigation under Section 18(c)?
  • Must a call-up notice issued under Section 19 of the NAO 1999 explicitly specify the alleged offence and the exact information or documents required?
  • Can a person be compelled under Section 19 of the NAO 1999 to produce self-incriminating written material or documents?
  • Does the protection against self-incrimination under Article 13 of the Constitution extend to documents and written materials?
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• Ghulam Hussain and another vs The State2007 YLR 3210 · Sindh High Court · 2007-09-26
  post-arrest bailhighway robberystolen propertypossession of stolen goodsbona fide purchasercriminal liability
  Summary & questions settled

  This bail application arises from a criminal case where the applicants, Ghulam Hussain and Hussain Ali, sought post-arrest bail in connection with an offence under Section 395 of the Pakistan Penal Code 1860, following a highway robbery involving the theft of eight generators. The core legal question was whether the applicants were entitled to bail given their claim of being bona fide traders who purchased the goods through valid payment, versus the prosecution's assertion that the goods were stolen property recovered from their possession and sold at suspicious, below-market prices. The court held that the applicants were not entitled to bail. The ratio of the decision is that the recovery of stolen property from the applicants' possession, coupled with the suspicious circumstances of the transaction—specifically the significantly undervalued price of the new goods—established a sufficient prima facie connection to the offence. The court affirmed that claims of bona fide purchase do not negate liability when the surrounding circumstances indicate the handling of stolen property, particularly in cases involving organized highway robbery.

  Questions settled

  • Does the purchase of goods through a cheque and receipt automatically absolve a person of liability for possessing stolen property?
  • Is bail appropriate when stolen property is recovered from the possession of the accused and sold at significantly below-market prices?
  • Does the explanation of delay in lodging an FIR sufficiently address the prosecution's case at the bail stage?
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• Ghulam Haider Jamro and another vs Chairman, NAB2007 YLR 541 · Sindh High Court · 2006-07-19
  post-arrest bailNAB Ordinanceconstitutional petitioncorruptionpublic office holdertentative assessmentfinancial loss to exchequerAccountability Court
  Summary & questions settled

  This judgment disposes of two constitutional petitions seeking post-arrest bail for public servants facing trial before the Accountability Court in Reference No. 10 of 2006 under the National Accountability Bureau Ordinance 1999. The petitioners, employed in the District Accounts Office, Sukkur, were accused of fraudulently processing and approving 714 cases for House Purchase/Building Advances—of which 593 were fake—causing a loss of over Rs. 90 million to the public exchequer after receiving illegal gratification. The petitioners argued that recovery was being enforced against beneficiaries, thus causing no loss, making their continued detention unjust. The High Court conducted a tentative assessment of the material on record and found that the petitioners played a pivotal role in passing fake advance cases far beyond approved limits without plausible justification. Holding that constitutional jurisdiction under Article 199 of the Constitution of Pakistan 1973 to grant bail in NAB cases must not be exercised so liberally as to render Section 9(b) of the Ordinance redundant, the court dismissed the bail petitions in limine.

  Questions settled

  • Whether the High Court under Article 199 of the Constitution of Pakistan 1973 can grant bail to an accused facing trial under the National Accountability Bureau Ordinance 1999?
  • Can bail be granted in NAB references where a prima facie case exists involving heavy financial loss to the national exchequer?
  • Does the ongoing financial recovery from beneficiaries justify the grant of bail to public servants accused of processing forged government advance cases?
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• Ghulam Habib vs The State2007 YLR 3285 · Sindh High Court · 2007-07-13
  murdersudden provocationcriminal appealblood-stained weaponschemical examiner reportpolice rulesbenefit of doubtacquittal
  Summary & questions settled

  This criminal appeal challenges the conviction of the appellant for the murder of his wife's uncle. The prosecution alleged that the appellant attacked the deceased with a toka and a stone following disputes over the appellant's unemployment and failure to maintain his family. The core legal questions involved the evaluation of eyewitness testimony, the defense of sudden provocation, the legal effect of failing to send recovered blood-stained weapons for chemical analysis, and the consequences of non-examination of the investigating officers. The Sindh High Court held that the prosecution failed to prove its case beyond reasonable doubt due to material contradictions, lack of chemical examiner reports, unsealed recovery of crime weapons, non-production of natural eyewitnesses, and improper investigation. Consequently, the court set aside the conviction and acquitted the appellant. The key legal principles established relate to the mandatory requirements for sealing crime properties under the Police Rules, the necessity of corroborative expert evidence for blood-stained articles, and the adverse impact of withholding material eyewitnesses in a murder trial.

  Questions settled

  • Does a delay between the provocative event and the assault negate the defense of sudden provocation?
  • What is the legal consequence in a criminal trial of failing to send recovered blood-stained articles to the Chemical Expert for examination?
  • Whether the non-examination of the investigating officers leaves the investigative documents unproved when contradictions exist between them and the oral testimony?
  • Can a conviction for murder be sustained on the sole, doubtful testimony of an interested witness when natural eyewitnesses of understanding age are withheld?
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• Ghulam Dastagir and others vs The State2007 YLR 3297 · Sindh High Court · 2007-08-13
  post-arrest bailrule of consistencyfurther inquiryvicarious liabilitycommon intentionprohibitory clause
  Summary & questions settled

  This matter concerns a bail application filed by the applicants seeking post-arrest bail in a criminal case involving charges of murder and causing injuries. The core legal question was whether the applicants, who faced general allegations of participating in an assault but were not specifically identified as causing the fatal injuries to the deceased, were entitled to bail, particularly when co-accused with identical charges had already been granted bail. The Court held that the applicants were entitled to bail. The ratio of the decision rests on the principle that where no specific allegation exists regarding the infliction of fatal blows by the accused, and where the prosecution's case requires further inquiry to establish common intention or the specific nature of injuries, bail is appropriate. Furthermore, the Court emphasized the rule of consistency, noting that the trial court failed to provide cogent reasons for denying bail to the applicants while granting it to co-accused facing similar charges. Consequently, the Court admitted the applicants to bail subject to the furnishing of solvent surety.

  Questions settled

  • Is an accused entitled to bail when there are no specific allegations of inflicting fatal injuries on the deceased?
  • Does the rule of consistency require a court to grant bail to applicants when co-accused facing identical charges have already been released on bail?
  • When does a criminal case require 'further inquiry' under the provisions of the Code of Criminal Procedure 1898 regarding bail?
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• Ghulam Ali Moghimi vs The State2007 YLR 1156 · Sindh High Court · 2006-12-05
  narcotic substancescriminal appealbenefit of doubtburden of proofrecovery witnesseschain of custodychemical examiner report
  Summary & questions settled

  This criminal appeal challenges the conviction of the appellant under Section 9(c) of the Control of Narcotic Substances Act, 1997, for the alleged possession of heroin and opium at Karachi airport. The core legal question was whether the prosecution successfully proved the recovery of narcotics beyond reasonable doubt despite significant evidentiary discrepancies. The Sindh High Court held that the prosecution’s case was fundamentally flawed due to unexplained delays in sending samples to the Chemical Examiner and, crucially, the failure to ensure the integrity of the case property. Specifically, the items produced in court lacked the signatures of the recovery witnesses, contradicting the prosecution's claim that the samples were sealed at the time of recovery. The Court affirmed that while Section 29 of the Control of Narcotic Substances Act, 1997, creates a presumption of possession, the initial burden of proof rests on the prosecution under Article 117 of the Qanun-e-Shahadat Order, 1984. Because the prosecution failed to explain these material lacunae, the Court set aside the conviction, granting the appellant the benefit of the doubt.

  Questions settled

  • Does a three-month delay in sending narcotic samples to the Chemical Examiner without explanation entitle an accused to the benefit of doubt?
  • Can a conviction be sustained when the case property produced in court lacks the signatures of the recovery witnesses?
  • Does the presumption of possession under Section 29 of the Control of Narcotic Substances Act 1997 relieve the prosecution of the initial burden of proof?
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• Ghulam Ali Fadoo and 4 others vs Public at Large others2007 YLR 2110 · Sindh High Court · 2007-02-07Read full judgment →
• Ghulam Akbar and others vs The State2007 YLR 1506 · Sindh High Court
  joint recoverypointationrecent possessionstolen goodsidentification paradecommon intentionballistic expert reportmurder during robbery
  Summary & questions settled

  This criminal appeal and confirmation case arise from a common judgment of the trial court convicting the appellants for murder, robbery, and under the Anti-Terrorism Act, 1997. The prosecution case was that the deceased was intercepted by armed culprits while taking his daughters to school on a motorcycle, resulting in a scuffle where the deceased was shot dead and his motorcycle robbed. The core legal questions involved the admissibility of joint recoveries and pointations under the Qanun-e-Shahadat Order, 1984, the applicability of the presumption under Article 129(a) of the same order to capital offences like murder, the validity of identification parades conducted with identical dummies, and the scope of common intention under Section 34 of the Pakistan Penal Code, 1860. The High Court held that joint pointation and recovery of the robbed motorcycle constitute admissible conduct under Article 8, and that recent unexplained possession of stolen goods in a connected transaction warrants a presumption of guilt for murder and robbery. The court further held that identification parades using identical dummies for multiple suspects are legally flawed. Consequently, the court acquitted one appellant on the basis of doubt, while maintaining the conviction and death sentence of the principal accused and his accomplice.

  Questions settled

  • Whether joint pointation and recovery of incriminating articles are admissible in evidence under the Qanun-e-Shahadat Order, 1984?
  • Can the presumption regarding recent possession of stolen goods under Illustration (a) of Article 129 of the Qanun-e-Shahadat Order, 1984 be extended to grave offences such as murder and robbery?
  • Does the reuse of the same dummies across multiple identification parades vitiate the evidentiary value of the identification tests?
  • Are co-accused armed with deadly weapons during a robbery jointly liable for murder committed by one of them under Section 34 of the Pakistan Penal Code, 1860?
  Read full judgment →
• Ghulam Abbas alias Abbas and another vs The State2007 YLR 903 · Sindh High Court · 2006-08-28
  post-arrest bailfurther inquirymedical evidenceprosecution storycriminal investigationbail application
  Summary & questions settled

  This matter concerns a post-arrest bail application filed by two accused persons, Ghulam Abbas and Ranjho alias Ranjhan, in a criminal case registered at Police Station Rukkan, District Dadu, involving allegations of attempted murder, robbery, and physical assault. The core legal question was whether the applicants were entitled to the grant of post-arrest bail under the Code of Criminal Procedure, 1898, given the discrepancies in the medical evidence and the investigation. The Court held that the applicants were entitled to bail, observing that the Special Medical Board's opinion, which contradicted the initial medical report regarding the nature of the victim's injury, cast significant doubt on the prosecution's narrative. Furthermore, the failure of the investigating agency to recover the alleged robbed weapon further weakened the prosecution's case. The Court emphasized that the case against the applicants required further inquiry as contemplated under the law. Consequently, the bail application was allowed, and the applicants were admitted to bail subject to furnishing solvent surety, reinforcing the principle that serious doubts in the prosecution's evidence at the pre-trial stage should be resolved in favor of the accused.

  Questions settled

  • Does a contradiction between an initial medical report and a subsequent Special Medical Board opinion regarding the nature of injuries constitute grounds for further inquiry under Section 497, Code of Criminal Procedure 1898?
  • Is the failure of the investigating agency to recover the alleged weapon of offense a relevant factor in determining the entitlement of an accused to post-arrest bail?
  • Are the legal norms for granting pre-arrest bail distinct from those applicable to post-arrest bail?
  Read full judgment →
• Ghandhara Nissan Diesel Ltd. through Diitctor vs Collector of Customs2007 PTD 117 · Sindh High Court · 2006-09-22
  customs dutylimitation periodretrospective operationpast and closed transactionshort levyshow-cause noticetax reference
  Summary & questions settled

  This reference application arises from a judgment of the Customs Excise and Sales Tax Appellate Tribunal regarding the recovery of short-levied customs duty. The core legal question was whether the amendment made to section 32(2) of the Customs Act, 1969 by the Finance Ordinance, 2000, which enhanced the period of limitation from three to five years, could be applied retrospectively to revive a past and closed transaction where the original limitation period had already expired before the amendment came into effect. The Sindh High Court held that once a matter becomes barred by time under the law prevailing at the relevant date, a subsequent statutory enhancement in the period of limitation does not revive the time-barred claim or reopen a past and closed transaction. The court ruled that the show-cause notice issued by the department was palpably barred by time and answered the reference question in the affirmative, setting aside the contrary findings of the Tribunal.

  Questions settled

  • Whether an amendment enhancing the period of limitation under section 32(2) of the Customs Act, 1969 has retrospective application to revive a time-barred claim?
  • Does a subsequent statutory extension of limitation reopen a past and closed transaction that attained finality before the amendment?
  • Does the period of limitation for issuing a show-cause notice for short-levied customs duty commence from the date of discovery by the department or from the relevant date defined under the Customs Act, 1969?
  Read full judgment →
• Ghandhara Nissan Diesel Ltd vs Collector of CustomsPTCL 2007 CL. 472 · Sindh High Court · 2006-09-22Read full judgment →
• Ghandhara Nissan Diesel Itd. Through Director vs Collector Of Customs2007 P.C.T.L.R. 1095 · Sindh High Court · 2006-09-22Read full judgment →
• Getz Pharma (Pvt.) Ltd. through Authorized Officer vs Farooq & Sons2007 CLD 957 · Sindh High Court · 2005-09-13Read full judgment →
• Funfair (Pvt.) Limited, Karachi And 2 Other vs Karachi DevelopmentK.L.R. 2007 Civil Cases 376 · Sindh High CourtRead full judgment →
• Frida Rohail vs The State through Regional Director, National2007 MLD 347 · Sindh High Court · 2005-08-01
  post-arrest bailaccountability courtmisappropriation of fundstentative assessment of evidencedelay in trialconstitutional petitionNAB Ordinance
  Summary & questions settled

  This constitutional petition was filed seeking the release of the petitioner on bail pending trial before an Accountability Court. The petitioner, accused of colluding with his deceased brother in the misappropriation of funds while the brother served as a Postmaster, argued for bail on the grounds of inordinate delay in trial proceedings, noting that only 26 out of 279 witnesses had been examined since his arrest in 2002. Additionally, the petitioner challenged the examination of two witnesses who were not originally on the prosecution's list. The Court, upon reviewing the evidence, noted that agreements regarding financial investments, allegedly signed by the petitioner, were produced. The Court held that while a tentative assessment of evidence is permissible at the bail stage, it should not involve an elaborate sifting of evidence or a final determination of guilt. Finding that the petitioner's involvement was prima facie supported by the evidence at this stage, the Court declined to grant bail, emphasizing that the genuineness of signatures and the nature of the financial agreements were matters to be determined fully at the conclusion of the trial.

  Questions settled

  • Can a court conduct an elaborate sifting of evidence during the bail stage?
  • Is the examination of witnesses not included in the initial prosecution list permissible under the Code of Criminal Procedure 1898?
  • Does the mere delay in the conclusion of a trial automatically entitle an accused to bail in a corruption case?
  Read full judgment →
• First Women Bank Ltd. vs Mst. Karima Bano and others2007 CLD 1550 · Sindh High Court · 2006-09-15Read full judgment →
• First Pak Modaraba vs NAB and another2007 YLR 938 · Sindh High Court · 2006-04-03Read full judgment →
• Fida Hussain and anothers vs The State2007 MLD 200 · Sindh High Court · 2006-11-27
  pre-arrest bailbail confirmationprohibitory clausefurther inquiryfalse implication
  Summary & questions settled

  This matter comes before the Sindh High Court upon a bail plea filed by the applicants seeking confirmation of pre-arrest bail in a criminal case. The core legal question concerns whether the applicants are entitled to the concession of bail where they were not apprehended on the spot, no stolen property was recovered from their possession, and the alleged offence does not fall within the prohibitory clause of the relevant criminal procedure law. The court held that the applicants' case warrants further inquiry as the possibility of false implication cannot be ruled out and the offence does not attract the prohibitory clause of Section 497, Code of Criminal Procedure 1898. Consequently, the court confirmed the interim pre-arrest bail granted to the applicants. The key principle laid down is that pre-arrest bail ought to be confirmed when the accused are not arrested at the scene, no recovery is effected from them, and the charged offence falls outside the prohibitory clause.

  Questions settled

  • Are applicants entitled to bail when they are not apprehended on the spot and no stolen property is recovered from them?
  • Does an offence falling outside the prohibitory clause of Section 497 of the Code of Criminal Procedure 1898 justify the confirmation of pre-arrest bail?
  • Whether pre-arrest bail should be confirmed when the possibility of false implication cannot be straightaway ruled out?
  Read full judgment →
• Feroze Noor Ali Veerani vs City District Government and another2007 YLR 3070 · Sindh High Court · 2004-01-21Read full judgment →
• Fazalullah Khan vs Begum Fatima Imtiaz and 3 others2007 PLD Karachi 99 · Sindh High Court · 2006-11-24
  acquittal appealabatement of appealdeath of appellantcriminal procedurecomplainant death
  Summary & questions settled

  This criminal acquittal appeal challenged an order of acquittal passed under Section 265-K, Code of Criminal Procedure 1898. During the preliminary hearing stage (Katcha Peshi), the court was informed that the appellant-complainant had passed away, raising the core legal question of whether a criminal acquittal appeal filed by a private complainant abates upon the death of the appellant under Section 431, Code of Criminal Procedure 1898. Relying on judicial precedent interpreting the statutory provisions, the Sindh High Court held that an appeal against acquittal does not abate upon the death of the appellant, as Section 431 explicitly provides that such appeals only abate upon the death of the accused. The court laid down the principle that once an appeal against acquittal is entertained, it must be decided on its own merits irrespective of the appellant's death or inability to prosecute it further.

  Questions settled

  • Does a criminal acquittal appeal abate upon the death of the complainant-appellant?
  • What classes of criminal appeals abate upon the death of the appellant under Section 431 of the Code of Criminal Procedure 1898?
  • How does the death of an appellant affect an entertained appeal against acquittal?
  Read full judgment →
• Fayyaz Ahmed vs Adeel Ashfaq and others2007 YLR 3321 · Sindh High Court · 2007-07-06
  criminal acquittal appealanti-corruptionprivate land disputepower of attorneyacquittaljurisdiction
  Summary & questions settled

  This criminal acquittal appeal was filed against the order of the Special Judge Anticorruption (Provincial), Karachi, which allowed an application under Section 249-A of the Code of Criminal Procedure 1898 and acquitted the respondents of charges under Sections 161, 420, 467, 471, and 34 of the Pakistan Penal Code 1860 read with Section 5(2) of the Prevention of Corruption Act 1947. The core legal questions involved whether an order under Section 249-A can be passed without examining documents and whether the Anti-Corruption establishment has jurisdiction over private land disputes between private parties. The Sindh High Court held that the trial court is empowered at any stage to acquit an accused under Section 249-A if the charge is groundless or there is no probability of conviction, and that the Anti-Corruption Police lack authority to entertain complaints by private persons regarding private lands or title disputes. The appeal was accordingly dismissed as without merit.

  Questions settled

  • Whether an order under Section 249-A of the Code of Criminal Procedure 1898 can be passed without examining documents on record?
  • Does the Anti-Corruption Police have the authority to entertain complaints by private persons regarding private lands and title disputes?
  • Whether special laws prevail over general laws in matters of penalizing registering officers under the Registration Act 1908?
  • Can criminal proceedings be initiated to settle civil disputes or avenge personal vendettas arising from family disputes?
  Read full judgment →
• Farukh Faraz vs The State2007 YLR 1593 · Sindh High Court · -
  post-arrest bailcar snatchingfurther inquiryacquittalpolice encountercriminal procedure
  Summary & questions settled

  This is a post-arrest bail application filed by the applicant Farukh Faraz, who was charged in Crime No.208 of 2006 under sections 353 and 324 of the Pakistan Penal Code 1860 by Police Station Ferozeabad. The core legal question was whether the applicant was entitled to post-arrest bail given his prior acquittal in the connected car-snatching case and the absence of any injuries to police personnel during the alleged encounter. The Sindh High Court held that since the initial car-snatching charge had resulted in an acquittal that was not appealed by the State, and no police official was injured in the subsequent encounter, the case against the applicant fell within the scope of further inquiry under section 497(2) of the Code of Criminal Procedure 1898. The court laid down the principle that when the foundational predicate offense of a criminal episode fails or results in an acquittal, the connected penal charges require further inquiry, making the accused a proper subject for the concession of bail.

  Questions settled

  • Whether an accused acquitted of a predicate car-snatching offense is entitled to bail in a connected encounter case?
  • Does the absence of injuries to police personnel during an alleged encounter warrant further inquiry under criminal law?
  • Can bail be granted when the primary allegation forming the basis of the first portion of a crime remains unproved?
  Read full judgment →
• Farooque Ahmed vs The State2007 P Cr. L J 345 · Sindh High Court · 2006-11-07
  post-arrest bailrobbed propertydacoityfurther inquiryprohibitory clausestolen property
  Summary & questions settled

  This matter involves a post-arrest bail application filed by the applicant, Farooque Ahmed, who was facing trial under section 412 of the Pakistan Penal Code for allegedly being found in possession of robbed cars. The core legal question before the Sindh High Court was whether reasonable grounds existed to connect the applicant with an offence under section 412 of the Pakistan Penal Code, or whether the case fell within the scope of further inquiry under section 497 of the Code of Criminal Procedure. The Court held that in the absence of material showing the applicant's knowledge or reason to believe that the recovered vehicles were the subject-matter of a dacoity, the applicability of section 412 of the Pakistan Penal Code was doubtful, thereby making out a case of further inquiry. Consequently, the High Court allowed the bail application, holding that the applicant's case did not fall within the prohibitory clause of section 497 of the Code of Criminal Procedure. The key principle laid down is that mere possession of robbed property, without prima facie evidence of knowledge or reason to believe it was transferred through dacoity, does not justify keeping an accused behind bars under section 412 of the Pakistan Penal Code when further inquiry is warranted.

  Questions settled

  • Whether mere possession of a robbed property is sufficient to attract Section 412 of the Pakistan Penal Code 1860 without proof of knowledge regarding dacoity?
  • Does the absence of material connecting an accused to the knowledge of dacoity make out a case of further inquiry under Section 497 of the Code of Criminal Procedure 1898?
  • When is an accused entitled to post-arrest bail if the applicability of the prohibitory clause of Section 497 of the Code of Criminal Procedure 1898 requires determination at trial?
  Read full judgment →
• Farooque Ahmed vs Raza MuhammadK.L.R. 2007 Civil Cases 489 · Sindh High Court · 2006-12-22Read full judgment →
• Faqir Nazeer Ahmed and 19 others vs Province of Sindh through Secretary, Local Government, Karachi and 7 others2007 YLR 3077 · Sindh High Court · 2007-09-13Read full judgment →
• Fakir Muhammad and others vs The State2007 P Cr. L J 1428 · Sindh High Court · 2006-12-16
  criminal appealmurder convictioncommon intentionappreciation of evidencefatal injuryminor injuriesacquittal
  Summary & questions settled

  This criminal appeal challenges the conviction of five appellants under Section 302, Pakistan Penal Code 1860, for the murder of the deceased. The core legal question was whether the co-accused, who did not inflict the fatal injuries, could be held liable for murder alongside the principal offender. The Court found that while the prosecution evidence clearly established that appellant Fakir Muhammad inflicted fatal hatchet injuries on the deceased, the remaining appellants were only responsible for causing minor injuries to other prosecution witnesses. The Court held that in the absence of evidence connecting the co-accused to the fatal act, they could not be convicted for murder under Section 302, Pakistan Penal Code 1860. The Court upheld the conviction of the principal offender but acquitted the co-accused of the murder charge, instead convicting them under Section 337-A(i), Pakistan Penal Code 1860, for causing minor injuries. The principle laid down is that co-accused cannot be held liable for murder under Section 302, Pakistan Penal Code 1860, where their specific acts are limited to minor injuries and do not contribute to the fatal outcome.

  Questions settled

  • Can co-accused be convicted for murder under Section 302, Pakistan Penal Code 1860, if they only caused minor injuries to other victims and not the deceased?
  • Is a conviction under Section 302, Pakistan Penal Code 1860, sustainable against co-accused when the evidence attributes the fatal act solely to the principal offender?
  • What is the appropriate conviction for accused persons who caused only minor injuries (Shajjah-i-Khafifah) during an incident where a murder also occurred?
  Read full judgment →
• Fakir Babar Khan vs The State2007 P Cr. L J 352 · Sindh High Court · 2006-06-05
  pre-arrest bailmurderfurther inquiryplea of alibicolumn No. II
  Summary & questions settled

  The applicant sought pre-arrest bail in a case registered under FIR No. 53 of 2006 at Police Station Town Mirpurkhas for the murder of the deceased Dur Muhammad. The core legal question was whether the applicant was entitled to pre-arrest bail in view of admitted enmity, a plea of alibi supported by hospital records, placement of his name in Column No. II of the police challan, and general over-implication. The Sindh High Court held that the case fell within the scope of further inquiry under section 497(2) of the Code of Criminal Procedure 1898, as the applicant's name was placed in Column No. II, the plea of alibi raised at the initial stage could not be ignored, and specific firing was attributed to a co-accused while the deceased sustained a single injury. The court confirmed the pre-arrest bail, laying down the principle that the tendency to rope in multiple accused and placement in Column No. II by the police strengthen a case for further inquiry at the bail stage.

  Questions settled

  • Whether pre-arrest bail can be confirmed when the accused is placed in Column No. II of the police report?
  • Does the tendency to rope in multiple accused persons create a case for further inquiry at the bail stage?
  • Can a plea of alibi supported by initial hospital records be considered for granting pre-arrest bail?
  Read full judgment →
• Fakeer Muhammad and 2 otherss vs The State2007 MLD 340 · Sindh High Court · 2006-12-08
  post-arrest baildelayed FIRfurther inquirydirect complaintfalse implicationpost-mortem anomaly
  Summary & questions settled

  This matter arises from a criminal petition for bail in a murder case registered under a First Information Report at Police Station Sakrand. The core legal questions involve the effect of an unexplained delay in lodging the FIR, anomalies regarding the timing of the post-mortem report vis-a-vis the FIR, delayed recording of eye-witness statements, and the filing of a subsequent direct complaint by the complainant wherein he admitted the false implication of the applicants at the instance of his step-brother. The Sindh High Court held that the cumulative effect of the delayed FIR, delayed witness statements, post-mortem anomalies, and the complainant's subsequent sworn retraction naming other culprits made the case one of further inquiry under the law. The court laid down the principle that where material contradictions, procedural anomalies, and subsequent admissions of false implication by the complainant shake the foundational reliability of the prosecution case, the accused are entitled to the concession of post-arrest bail.

  Questions settled

  • Whether unexplained delay in lodging the FIR and recording witness statements entitles the accused to post-arrest bail?
  • Does a subsequent direct complaint by the complainant admitting false implication of the accused constitute grounds for further inquiry?
  • Whether anomalies regarding the timing of the post-mortem examination create doubt as to the veracity of the FIR?
  Read full judgment →
• Faisal Khan vs The State2007 YLR 2613 · Sindh High Court · -
  post-arrest bailrobberyidentification paradefurther inquirycriminal procedurebail application
  Summary & questions settled

  This is a criminal bail application filed under Section 497 of the Code of Criminal Procedure 1898 seeking post-arrest bail in respect of Crime No. 343 of 2004 registered under Section 392 of the Pakistan Penal Code 1860 at Police Station Beghdadi, Karachi. The core legal question revolves around whether the applicant is entitled to post-arrest bail when not nominated in the FIR, when recovery is only of a dummy pistol with no robbed articles recovered, and when the identification parade is delayed. The Sindh High Court held that the case calls for further inquiry into the guilt of the applicant under Section 497(2), Code of Criminal Procedure 1898, as the applicant was not nominated, no robbed property was recovered from him, and the delay in holding the identification parade lacked plausible explanation. Consequently, the bail application was allowed and the applicant was granted post-arrest bail subject to furnishing surety.

  Questions settled

  • Whether an accused not nominated in the FIR is entitled to post-arrest bail when no robbed articles are recovered from his possession?
  • Does an unexplained delay in holding an identification parade after the arrest of the accused make the case one of further inquiry?
  • Whether the recovery of a dummy pistol instead of a real weapon warrants the grant of bail under Section 497, Code of Criminal Procedure 1898?
  Read full judgment →
• Faisal Jameel vs The State2007 MLD 355 · Sindh High Court · 2006-02-07
  conviction in absentiaaccountability courtsvoid ab initiosuo motu jurisdictioninherent powersabscondersnatural justicemaintainability of appeal
  Summary & questions settled

  This matter concerns several Criminal Accountability Appeals filed against convictions in absentia under the National Accountability Bureau Ordinance, 1999. The appellants, declared absconders, were convicted by Accountability Courts based solely on statements of process servers without conducting a regular trial. The core legal questions were whether such appeals were maintainable without the appellants surrendering to the process of law, and whether the High Court could set aside these convictions as void ab initio. The Court held that while appeals filed by absconders who have not surrendered are generally not maintainable, the impugned judgments were nonetheless void ab initio. The Court determined that convicting an accused in absentia without a proper trial violates Article 9 of the Constitution of Pakistan 1973 and principles of natural justice. Consequently, the Court exercised its inherent, constitutional, and revisional powers to set aside the void judgments suo motu. The key principle established is that superior courts have the duty to correct patent abuses of process and void orders passed by subordinate courts to prevent miscarriage of justice, irrespective of the procedural maintainability of an appeal.

  Questions settled

  • Is an appeal filed by a convict who has not surrendered to the process of law maintainable?
  • Does a conviction in absentia by an Accountability Court without a regular trial constitute a void order?
  • Can a High Court exercise suo motu jurisdiction to set aside a void judgment passed by a subordinate court?
  • Does the conviction of an accused in absentia under the National Accountability Bureau Ordinance 1999 violate Article 9 of the Constitution of Pakistan 1973?
  Read full judgment →
• Faisal Hydrant vs Province Of Sindh And OtherK.L.R. 2007 Civil Cases 165 · Sindh High Court · 2004-10-06Read full judgment →
• Faisal and others vs The State2007 YLR 1625 · Sindh High Court · 2006-05-21
  post-arrest bailsmugglingforeign liquorcustoms offencecrew membersbail dismissal
  Summary & questions settled

  This matter arises from a post-arrest bail application filed by the applicants under Section 497 of the Code of Criminal Procedure 1898 read with Section 185-F of the Customs Act 1969, facing charges under Section 2(s) and Section 157(2), punishable under clause (8) of Section 156(1) of the Customs Act 1969, in respect of an alleged attempt to smuggle a large quantity of foreign liquor via a launch. The core legal question is whether the crew members found present on a launch laden with smuggled contraband are entitled to the concession of post-arrest bail. The High Court held that the applicants were caught red-handed with a huge quantity of foreign liquor, sufficient material connected them to the offence, and their presence on the launch was undisputed, thereby rendering them disentitled to bail. The court dismissed the bail application while directing the trial court to expedite the proceedings within six months.

  Questions settled

  • Are crew members found on a launch carrying smuggled contraband entitled to post-arrest bail?
  • Whether the recovery of a large quantity of smuggled liquor from a vessel constitutes sufficient material to deny bail to those present on board?
  Read full judgment →
• Faisal Akram vs Secretary Production and another2007 PLC (C.S.) 647 · Sindh High Court · 2007-03-29
  resignationmaster and servantcontractual employmentforced laboursurety bondconstitutional petition
  Summary & questions settled

  The petitioners, employees of Pakistan Steel Mills Corporation Limited, challenged the refusal of the respondent management to accept their resignations despite their willingness to disburse the surety bond amount of Rs. 50,000 executed at the time of employment. The respondents contended that the service rules were non-statutory, the petitions were not maintainable, and resignations were declined in the public interest after the petitioners underwent in-service training. The High Court held that since the employment is not regulated by statutory rules, it is contractual in nature, where damages are the sole remedy for breach and cannot be used to impose forced labor or fetters on an employee's resignation. The Court ruled that refusing resignations while quantifying damages at Rs. 50,000 violates fundamental rights against forced labour and freedom of trade under the Constitution. The petitions were accordingly allowed.

  Questions settled

  • Whether an employer can refuse to accept the resignation of an employee governed by a non-statutory contract when damages for premature termination are quantified?
  • Does the refusal of an employer to accept resignation and release an employee upon payment of a surety bond violate the constitutional prohibition against forced labour?
  • Whether constitutional petitions are maintainable against a company wholly owned by the Federal Government performing functions in connection with the affairs of the Federation?
  Read full judgment →
• Faheem Ahmed vs Ataurrehman2007 CLC 1746 · Sindh High Court · 2007-08-13
  specific performanceagreement to selltime is of the essenceimmovable propertyready and willingequitable mortgage
  Summary & questions settled

  This matter involves a suit for specific performance of an agreement to sell residential property. The core legal questions relate to whether time was of the essence of the contract, whether the seller validly cancelled the agreement, and whether the buyer's arrangement of bank financing by creating an equitable charge prejudiced the seller. The Sindh High Court held that time was not the essence of the contract, particularly because the seller himself failed to complete necessary documentation within the stipulated period and the parties mutually extended the time. The court ruled that a seller cannot avoid a contract on the plea of time being of the essence when the seller is at fault in completing documentation. Furthermore, the creation of an equitable charge for bank financing does not prejudice the seller as long as the full sale consideration is paid. The court decreed the suit in favour of the plaintiff for specific performance, subject to the plaintiff depositing the balance consideration along with an equitable adjustment for interest to account for real estate appreciation.

  Questions settled

  • Can a party claim that time is of the essence of the contract when that party has itself failed to complete necessary documentation within the stipulated period?
  • Does the creation of an equitable charge or security over the subject property in favour of a financial institution to secure purchase financing prejudice the seller?
  • Can a contract for the sale of immovable property be unilaterally put to an end by the seller without completing necessary documentation for the conveyance deed?
  • What are the remedies available to a buyer when a seller fails to complete documentation within the stipulated time in a contract where time is of the essence?
  Read full judgment →
• Ehsanullah Khan Afridi vs Province of Sindh through Secretary, Land2007 YLR 2204 · Sindh High Court · 2007-03-29Read full judgment →
• E.F.U. General Insurance Ltd. vs Sindh Labour Court No, v and another2007 PLC 500 · Sindh High Court · 2006-11-29
  labour lawmisconducthabitual late attendancedomestic inquiryback-benefitsreinstatementdismissal from service
  Summary & questions settled

  This appeal was filed against the order of the Sindh Labour Court reinstating the respondent employee in service with full back-benefits after her dismissal on charges of misconduct and habitual late attendance. The core legal question was whether the dismissal based on domestic inquiry findings of habitual late attendance and absence was sustainable in law when the material witnesses, including the inquiry officer and the branch administrator against whom allegations of harassment and mala fides were raised, were not produced before the court. The High Court held that the dismissal was unjustified and the adverse findings of the inquiry officer could not be sustained, noting that simple absence without deliberate habit does not constitute misconduct under the relevant law, and failure to produce the inquiry officer and key administrator rendered the domestic inquiry unverified. The court laid down the principle that mere absence without a demonstrated habit or deliberate intent does not amount to misconduct, and adverse domestic inquiry findings cannot be upheld when allegations of bias and mala fides against the inquiry officer and management remain unexamined due to their non-production as witnesses.

  Questions settled

  • Does simple absence without a deliberate habit or intent constitute misconduct under the West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance 1968?
  • Can the adverse findings of a domestic inquiry be sustained when the inquiry officer and key management personnel facing allegations of mala fides are not produced as witnesses?
  • Whether an employee's dismissal for habitual late attendance is justifiable when a prior charge-sheet regarding the same is withdrawn by the employer?
  Read full judgment →
• Duro alias Dur Muhammad and others vs The State2007 YLR 133 · Sindh High Court · 2006-09-08
  police encounteridentification of accusedbenefit of doubtocular testimonyfirearm evidenceammunition accounting
  Summary & questions settled

  This judgment disposes of three criminal appeals filed against a conviction under Sections 332, 148, and 149 of the Pakistan Penal Code 1860. The prosecution alleged that police officers were attacked during an official raid, resulting in firearm injuries to police personnel. The core legal question was whether the prosecution proved the occurrence of the encounter and the identity of the appellants beyond a reasonable doubt. The High Court allowed the appeals, set aside the convictions, and acquitted the appellants by extending the benefit of doubt. The Court observed that the police failed to produce spent cartridges from official weapons or furnish evidence accounting for the ammunition issued and returned, casting doubt on the alleged encounter. Furthermore, medical evidence showed that firearm injuries were shallow and caused by pellets fired from a long distance, raising a strong probability of misidentification. As the key witness failed to identify the appellants in court and no corroborative material connected them to the crime, the prosecution failed to establish guilt.

  Questions settled

  • Whether the failure of police to produce spent official cartridges or account for ammunition issued creates reasonable doubt regarding an alleged police encounter?
  • Whether visual identification of accused persons firing from a long distance can be relied upon without corroborative evidence?
  • Can a conviction be sustained when the primary witness fails to identify the accused in court?
  Read full judgment →
• Dr. Zahid Ali vs The State2007 MLD 1159 · Sindh High Court · 2006-03-14
  quashment of criminal proceedingsabuse of process of courtattestation of CNIC formforged identity cardNADRA Ordinance
  Summary & questions settled

  This criminal miscellaneous application was filed under section 561-A of the Code of Criminal Procedure 1898 seeking the quashment of criminal proceedings arising out of an F.I.R. registered under sections 420, 416, 463, 464, 468, 470, and 471 of the Pakistan Penal Code 1860, as well as provisions of the National Database Registration Authority Ordinance, 2000. The applicant, a doctor and government servant, was accused of attesting a CNIC form for a co-accused who fraudulently obtained a double computerized National Identity Card. The core legal question was whether criminal proceedings and a trial could be sustained against an attesting witness in the absence of any allegation or evidence that he knew or had reason to believe the information furnished was false. The Sindh High Court held that where no ingredients of the alleged offences are made out and there is no possibility of a conviction, allowing the prosecution to continue constitutes an abuse of the process of the court. Consequently, the High Court quashed the pending proceedings against the applicant, laying down the principle that criminal proceedings will be quashed when the case lacks evidence and continuation would be a futile exercise.

  Questions settled

  • Can criminal proceedings be quashed under section 561-A of the Code of Criminal Procedure 1898 when there is no possibility of conviction?
  • Whether an attesting witness of a CNIC form can be prosecuted for forgery and cheating without allegations of prior knowledge of falsity?
  • Does the continuation of a trial amount to an abuse of the process of the court if no offence is made out from the contents of the F.I.R.?
  Read full judgment →
• Dr. Waqar Ahmed Ramejo vs The State2007 P Cr. L J 1912 · Sindh High Court · 2007-03-02
  criminal appealshow-cause noticemedical certificatedue processformal chargejudicial custodytrial procedure
  Summary & questions settled

  This criminal appeal challenges an order passed by the Additional Sessions Judge, Karachi (South), whereby the appellant, a medical doctor, was remanded to custody and his reply to a show-cause notice was dismissed after he issued a medical certificate for an advocate. The core legal question was whether the trial court could summarily remand the appellant to custody and punish him without following due process of law, framing a formal charge, recording a plea, and conducting a trial. The Sindh High Court held that the summary procedure adopted by the trial court was entirely illegal, as a formal charge must be framed, a plea recorded, evidence taken, and an opportunity of defense provided before any conviction or punishment can be pronounced. The Court set aside the impugned orders and remanded the matter back to the trial court to proceed afresh in accordance with the law. The key principle laid down is that penal action and remand cannot be imposed without adhering to the mandatory trial procedure of framing a formal charge, recording a plea, and allowing a fair hearing.

  Questions settled

  • Can a trial court remand a person to judicial custody without framing a formal charge and conducting a trial?
  • Whether the failure to record a plea and examine evidence vitiates a summary penal order passed by a court?
  • Is it mandatory to follow formal trial procedures before pronouncing guilt and punishment?
  Read full judgment →
• Dr. Tariq Mehmood Memon vs Province of Sindh through Chief2007 CLD 1336 · Sindh High Court · 2006-10-13Read full judgment →
• Dr. Tariq Mehmood Memon vs Province of Sindh through Chief Secretary2007 MLD 1225 · Sindh High Court · 2006-10-13Read full judgment →
• Dr. Syed Tariq Sohail and anothers vs Pakistan Defence Officers2007 MLD 1357 · Sindh High CourtRead full judgment →
• Dr. Shakeel Qureshi vs Imran and 3 others2007 YLR 2064 · Sindh High Court · 2007-05-11Read full judgment →
• Dr. Nazar Ali vs Qutabuddin and 2 others2007 MLD 1700 · Sindh High Court · 2007-08-01Read full judgment →
• Dr. Munaf vs The State and another2007 P Cr. L J 1869 · Sindh High Court · 2007-02-26
  criminal miscellaneous applicationabuse of process of lawstay of proceedingsquashing of criminal proceedingsadmission to regular hearing
  Summary & questions settled

  This matter comes before the High Court of Sindh through a criminal miscellaneous application filed by Dr. Munaf against the State and another, seeking to challenge the trial court order dated 30th October, 2006, passed in Crime No. 224 of 2004 registered at Police Station Azizabad, Karachi. The core legal question raised is whether the continuation of criminal proceedings against the applicant constitutes an abuse of the process of law given the alleged lack of probability of conviction. The court held that the contentions raised by the applicant require detailed consideration. Consequently, the criminal miscellaneous application is admitted to regular hearing, notices are issued to the respondents and the State, and further proceedings before the trial court are stayed in the interim.

  Questions settled

  • Does the continuation of criminal proceedings amount to an abuse of the process of law when there is no possibility of conviction?
  • Whether proceedings before the trial court can be stayed upon the admission of a criminal miscellaneous application to regular hearing?
  Read full judgment →
• Dr. Mukhtar Ahmed vs Mst. Shamim Hashmi2007 CLC 941 · Sindh High Court · 2006-11-20Read full judgment →
• Dr. Mirza Raza Ali vs The State through Chairman, National Accountability2007 P Cr. L J 1077 · Sindh High Court · 2007-02-21
  post-arrest bailNational Accountability Ordinancemisappropriation of Zakat fundsrule of consistencydistinguishable rolespublic crime
  Summary & questions settled

  This judgment addresses a bail petition filed by Dr. Mirza Raza Ali, the Chairman of the Health Welfare Committee, who sought post-arrest bail in a National Accountability Bureau reference concerning the alleged misappropriation of Zakat funds meant for needy persons at the Civil Hospital, Karachi. The core legal question was whether the petitioner was entitled to bail on the rule of consistency, given that the Supreme Court had already granted bail to a co-accused member of the same committee. The Sindh High Court dismissed the petition, holding that the petitioner's case was distinguishable from that of the co-accused because, as Chairman, he bore greater responsibility, was alleged to be a direct beneficiary of the misappropriation involving fake purchases, and was implicated in a public crime affecting the community at large. The court laid down the principle that bail can be denied on the ground of distinct and greater culpability, distinguishing the roles of a principal office-bearer from ordinary committee members.

  Questions settled

  • Whether an accused is entitled to bail on the ground of consistency when the role assigned to him is distinguishable from that of a co-accused who has been granted bail?
  • Does the Chairman of a committee bear a graver responsibility regarding fund disbursement compared to ordinary members in bail matters?
  • Whether the misappropriation of Zakat funds meant for needy persons constitutes a public crime warranting strict treatment in bail applications?
  Read full judgment →
• Dr. Mirza Raza Ali vs The State through Chairman National Accountability2007 P Cr. L J 1088 · Sindh High Court · -
  post-arrest bailmisappropriation of fundsZakat fundfiduciary dutyNAB investigationdelegation of powerscorruption
  Summary & questions settled

  This matter involves two constitutional petitions filed by petitioners seeking post-arrest bail in connection with a case registered by the National Accountability Bureau (NAB) for the misappropriation of Zakat funds allocated to the Civil Hospital, Karachi. The core legal questions concerned whether the investigation was initiated by a competent authority under the National Accountability Bureau Ordinance, 1999, and whether NAB could initiate proceedings without a formal reference from the Provincial Government. The Court held that the petitioners, as members of the Health Welfare Committee, held a fiduciary position and that the prosecution had presented sufficient material, including witness statements and documentary evidence, establishing reasonable grounds for their involvement in the misappropriation. The Court rejected the petitioners' arguments regarding the lack of authorization for the investigation, noting that the Chairman of NAB has the power to delegate authority and that NAB is empowered to initiate investigations on its own accord under the Ordinance. Consequently, finding no merit in the petitions, the Court dismissed the bail applications, emphasizing that the petitioners' fiduciary duties and the evidence collected warranted the denial of relief.

  Questions settled

  • Can the National Accountability Bureau initiate an investigation into the misappropriation of public funds on its own accord without a formal reference from the government?
  • Does the Chairman of the National Accountability Bureau have the legal authority to delegate investigation powers to other officers under the National Accountability Bureau Ordinance, 1999?
  • Is a formal gazette notification required for the Chairman of the National Accountability Bureau to delegate investigation powers to a Director-General?
  Read full judgment →
• Dr. Khadim Hussain vs Muhammad Ashique And OtherK.L.R. 2007 Revenue Cases 34 · Sindh High Court · 2007-12-09Read full judgment →
• Dr. Inayatullah. Khilji and 9 others-- Petitioners vs 1ST Additional2007 P Cr. L J 909 · Sindh High Court · 2007-03-02
  FIR registrationEx-officio Justice of Peacecriminal negligencecognizable offencepolice investigationCode of Criminal Procedurequashment of FIR
  Summary & questions settled

  This petition challenged an order by an Ex-officio Justice of Peace directing the registration of an FIR against hospital staff for alleged criminal negligence. The petitioners contended that the Justice of Peace exceeded his jurisdiction by analyzing the merits of the allegations, arguing that the decision to register an FIR rests solely with the police officer under Section 154 of the Code of Criminal Procedure 1898. The Court held that while the police officer must determine if an offence is cognizable, they lack the discretion to refuse registration if the information prima facie discloses a cognizable offence. The Court affirmed that an Ex-officio Justice of Peace possesses the authority under Section 22-A(6) of the Code of Criminal Procedure 1898 to direct the registration of a case upon police failure to act. However, the Justice of Peace should not conduct a detailed analysis of the merits or record opinions that might prejudice the investigation. The Court clarified that the truth of allegations is determined during investigation, and arrests must only occur upon the discovery of tangible incriminating material.

  Questions settled

  • Does an Ex-officio Justice of Peace have the authority to direct the registration of an FIR under the Code of Criminal Procedure 1898?
  • Does a police officer have the discretion to refuse the registration of an FIR when information regarding a cognizable offence is provided?
  • Can an Ex-officio Justice of Peace conduct a detailed analysis of the merits of a complaint before directing the registration of an FIR?
  • Is the registration of an FIR a prerequisite for the commencement of a criminal investigation?
  Read full judgment →
• Dr. Hayatullah Khilji And 9.Other vs 1St Additional District And SessionsK.L.R. 2007 Criminal Cases 294 · Sindh High Court · 2007-03-01Read full judgment →
• Dr. Ejaz Ahmad vs The State2007 YLR 3225 · Sindh High Court · 2006-03-09
  Anti-Terrorism CourtCriminal RevisionMaintainability of revisionSpecial law vs general lawAcquittalAppellate jurisdictionInherent powers
  Summary & questions settled

  The applicant filed a Criminal Revision Application challenging an acquittal judgment passed by an Anti-Terrorism Court. The core legal question was whether a revision petition is maintainable against a final judgment of an Anti-Terrorism Court, given the specific appellate provisions in the Anti-Terrorism Act 1997. The Court held that the revision application was not maintainable. It reasoned that the Anti-Terrorism Act 1997 is a special law that provides a comprehensive mechanism for appeals under Section 25 and attaches finality to such judgments under Section 31. Consequently, the general provisions of the Code of Criminal Procedure 1898, specifically those regarding revision (Section 439) and inherent powers (Section 561-A), are excluded where they are inconsistent with the special law. The principle laid down is that where a special statute provides a specific remedy of appeal, the general revisional jurisdiction of the High Court under the Code of Criminal Procedure 1898 is ousted, and the court cannot entertain a revision or convert it into an application under Section 561-A, Code of Criminal Procedure 1898.

  Questions settled

  • Is a Criminal Revision Application maintainable against a final judgment of an Anti-Terrorism Court?
  • Does the Anti-Terrorism Act 1997 exclude the revisional jurisdiction of the High Court under the Code of Criminal Procedure 1898?
  • Can a High Court convert a non-maintainable criminal revision application into an application under Section 561-A of the Code of Criminal Procedure 1898?
  Read full judgment →
• Dr. Ashfaq Ahmed Sharif vs Dr, Shireen Qasim Bham and others2007 YLR 1990 · Sindh High Court · 2007-03-08Read full judgment →
• Dr. Abdul Rauf vs The State2007 YLR 1483 · Sindh High Court · 2006-11-22
  pre-arrest bailEmigration Ordinanceconcurrent jurisdictionrule of proprietyhuman smugglingulterior motiveharassment
  Summary & questions settled

  This pre-arrest bail application was filed under Section 498 of the Code of Criminal Procedure, 1898, by the applicant who was implicated as the chief agent in an illegal human smuggling ring under Sections 17 and 22 of the Emigration Ordinance, 1979. The prosecution alleged that the applicant received substantial sums from intending immigrants to arrange unauthorized overseas travel and employment without possessing a valid agent's license. The core legal questions pertained to whether a pre-arrest bail application could be directly entertained by the High Court bypassing the trial court, and whether pre-arrest bail was warranted without proof of ulterior motives or harassment by the police. The Sindh High Court dismissed the application and recalled the interim bail, holding that as a rule of propriety, where concurrent jurisdiction exists, an applicant must first approach the trial court. Furthermore, pre-arrest bail cannot be granted absent clear evidence of malice, harassment, or ulterior motive aimed at disgracing the accused.

  Questions settled

  • Whether an applicant must first approach the trial court before seeking pre-arrest bail in the High Court under concurrent jurisdiction?
  • Can pre-arrest bail be granted under Section 498 Cr.P.C. without proof of malice or ulterior motives by the investigating agency?
  Read full judgment →
• Divisional Forest Officer, Larkana and 3 others vs Ghulam Haider and 82007 PLD Karachi 392 · Sindh High Court
  civil revisiondeclarationinjunctionmaintainabilitygovernment suitlegal objectionrecord of rights
  Summary & questions settled

  This civil revision arose from a suit for declaration and injunction filed by the respondents claiming ownership over 461-04 acres of land, allegedly granted to their predecessor as a reward in 1933. The trial and appellate courts decreed the suit in favor of the respondents, relying on a 1963 decree from an earlier suit. The applicants challenged these findings, contending that the suit was non-maintainable as the Government of Sindh was not properly sued in its own name. The High Court observed that both lower courts failed to consider that the suit was not properly instituted under Section 79 and Order XXVII of the Code of Civil Procedure 1908. The Court held that a legal objection going to the root of the case can be raised at any stage, and it is the duty of the court to examine whether a plaint is legally maintainable. Consequently, the High Court allowed the revision, set aside the lower courts' judgments, and directed the Member, Board of Revenue, to conduct an independent enquiry.

  Questions settled

  • Can a legal objection regarding the maintainability of a suit against the government be raised for the first time at the revisional stage?
  • Is a decree binding upon the provincial government if the government was not properly sued in accordance with Section 79 and Order XXVII of the Code of Civil Procedure 1908?
  • Is it the duty of the court to examine the maintainability of a plaint even if the defendant's written statement is silent on the legal objection?
  Read full judgment →
• Dilshad and 2 others vs Senior Superintendent of Police and 2 others2007 PLD Karachi 330 · Sindh High Court · 2006-12-13
  land acquisitionnotification under section 4jurisdiction of collectorofficial gazetteconstitutional petitionfunctus officioaward
  Summary & questions settled

  This constitutional petition challenged an award dated 18-7-2001 passed by the Land Acquisition Collector concerning land in District Ghotki. The petitioners contended that the acquisition proceedings and the subsequent award were illegal and without jurisdiction because the mandatory preliminary notification under section 4 of the Land Acquisition Act was never published in the official Gazette. The respondents argued that possession had been taken pursuant to earlier notices and that the petition was not maintainable in view of an alternate remedy under section 18 of the Land Acquisition Act. The Sindh High Court held that the publication of a notification under section 4 in the official Gazette is a mandatory condition precedent and the foundation of the Collector's jurisdiction to acquire land. Since the respondents failed to prove publication in the official Gazette despite opportunities, the entire acquisition proceedings were rendered without lawful authority. The court further ruled that a constitutional petition is maintainable where land acquisition proceedings are challenged on jurisdictional grounds rather than merely the quantum of compensation. Consequently, the impugned award was set aside, though the respondents were left at liberty to initiate fresh acquisition proceedings in accordance with law.

  Questions settled

  • Whether the publication of a notification under section 4 of the Land Acquisition Act 1894 in the official Gazette is a mandatory condition precedent for the Collector to assume jurisdiction?
  • Can land acquisition proceedings be sustained when the respondents fail to prove the official Gazette publication of the section 4 notification?
  • Is a constitutional petition maintainable against land acquisition proceedings when challenged on the ground of lack of jurisdiction rather than the adequacy of compensation?
  • Does the availability of a reference under section 18 of the Land Acquisition Act 1894 bar a constitutional petition challenging the fundamental legality of acquisition proceedings?
  Read full judgment →
• Dilawar and another vs The State2007 MLD 806 · Sindh High Court · 2006-12-12
  post-arrest bailfurther inquirypolice investigation finding of innocencecross-version casecounter F.I.R.independent witnessesno objection by State counsel
  Summary & questions settled

  This order resolves an application for post-arrest bail submitted by applicants Dilawar and Ayaz in a murder case registered under the Pakistan Penal Code. The prosecution alleged that the applicants, along with co-accused, shot and killed the complainant's brother following a dispute. The applicants asserted innocence and highlighted a cross-version case arising from the same time and venue, wherein their relative was allegedly killed by the complainant party. They emphasized that during the police investigation, they were exonerated based on statements from five independent witnesses, and that the State counsel did not oppose the grant of bail. The High Court considered the presence of counter-versions, prior enmity between the parties, and the investigating officer's finding of innocence based on independent statements. The Court held that the case required further inquiry within the meaning of Section 497(2) of the Code of Criminal Procedure 1898. Consequently, the applicants were admitted to post-arrest bail upon furnishing required surety bonds to the trial court's satisfaction.

  Questions settled

  • Whether an accused found innocent by police during investigation based on independent witness statements is entitled to bail under Section 497(2) Cr.P.C.?
  • Does a counter-version of the same incident involving casualties on both sides justify the grant of bail on the ground of further inquiry?
  Read full judgment →
• Dil Rehman alias Baba Jan vs The State2007 YLR 2367 · Sindh High Court · 2007-03-12
  circumstantial evidenceacid throwingbenefit of the doubtcriminal appealconvictionacquittal
  Summary & questions settled

  This criminal appeal arises from a judgment of the trial court convicting the appellant under sections 384 and 337(L) of the Pakistan Penal Code 1860 for allegedly throwing an acid-filled box into a courtyard where the injured persons were sleeping. The core legal question is whether a conviction can be sustained solely on weak circumstantial evidence consisting of witnesses seeing the accused running away after the incident, without direct proof of the act. The Sindh High Court held that the circumstantial evidence was inconclusive, failed to meet the strict legal standards required for proof, and could be reasonably explained on hypotheses other than the appellant's guilt, particularly given the implausibility of the accused lingering at the scene. The court laid down the principle that circumstances forming the basis of a conviction on circumstantial evidence must be proved beyond reasonable doubt, be entirely incompatible with the accused's innocence, and exclude any other reasonable hypothesis of guilt, granting the appellant the benefit of the doubt.

  Questions settled

  • Can a conviction be sustained solely on circumstantial evidence where witnesses only saw the accused running away from the vicinity of the crime?
  • What are the foundational principles required for establishing guilt based entirely on circumstantial evidence in criminal cases?
  • Does the mere presence or flight of an accused near the scene of an incident conclusively prove participation in the absence of direct evidence?
  Read full judgment →
• Dholan vs The State2007 PLD Karachi 328 · Sindh High Court · 2006-12-04
  criminal revisionunlicensed weaponappreciation of evidencerevisional jurisdictionrecovery of weaponPakistan Arms Ordinance
  Summary & questions settled

  This criminal revision application challenges the concurrent findings of the trial court and the appellate court, which convicted and sentenced the applicant under Section 13-D of the Pakistan Arms Ordinance, 1965, for possessing an unlicensed rifle. The core legal question was whether the lower courts erred in their appreciation of evidence, specifically regarding the alleged failure to comply with Section 103 of the Code of Criminal Procedure, 1898, and the reliability of prosecution witnesses. The High Court dismissed the revision application, holding that the prosecution evidence, which remained unchallenged and unrebutted during cross-examination, sufficiently established the guilt of the accused. The Court affirmed that the recovery of the weapon was proven by credible testimony. Regarding the scope of revisional jurisdiction, the Court laid down the principle that such jurisdiction is limited and should only be exercised in exceptional cases where the impugned order suffers from illegality, perversity, or gross miscarriage of justice. It clarified that revisional power cannot be invoked merely because an alternative view of the evidence might be possible.

  Questions settled

  • What is the scope of the High Court's revisional jurisdiction in criminal matters?
  • Can a conviction be challenged in revision solely because an alternative view of the evidence is possible?
  • Is the non-compliance with Section 103 of the Code of Criminal Procedure 1898 fatal to a prosecution case where recovery is otherwise proven?
  Read full judgment →
• Dharmsee vs The State2007 YLR 2182 · Sindh High Court · 2007-06-05
  post-arrest bailfurther inquiryco-accused disclosuredelayed arrestcriminal procedure
  Summary & questions settled

  The applicant sought post-arrest bail under Section 497 of the Code of Criminal Procedure 1898 in Crime No.1 of 2003 registered at Police Station S.I.T.E. Hyderabad, relating to an incident where culprits allegedly escaped in a boat. The core legal question was whether the applicant was entitled to bail where his arrest was based solely on a co-accused's disclosure of a different name after a delay of more than four years, without any other incriminating material. The High Court held that the case called for further inquiry under Section 497(2), as no incriminating evidence connected the applicant to the crime apart from the aforementioned disclosure. The court thus allowed the bail application, laying down that mere identification by name by a co-accused without supporting incriminating material warrants further inquiry and entitles an accused to bail.

  Questions settled

  • Whether an accused is entitled to bail when implicated solely through a co-accused's disclosure after a prolonged delay?
  • Does the absence of incriminating material other than a co-accused's disclosure make a case one of further inquiry under Section 497 of the Code of Criminal Procedure 1898?
  Read full judgment →
• Dhani Bux vs Ali Sher and others2007 YLR 2134 · Sindh High Court · 2006-08-30
  Civil RevisionLimitation ActRes JudicataPossessory SuitContinuing Cause of ActionSpecific ReliefTitle Declaration
  Summary & questions settled

  This civil revision challenged concurrent judgments decreeing a suit for declaration, possession, and permanent injunction regarding agricultural land. The applicants contended that the suit was time-barred under Article 120 of the Limitation Act 1908 and barred by res judicata under Order IX Rule 9, Code of Civil Procedure 1908, due to a previously dismissed suit. The High Court dismissed the revision, upholding the lower courts' findings. The Court held that a suit for possession of immovable property is governed by the 12-year limitation period under Article 142 of the Limitation Act 1908, calculated from the date of dispossession. Regarding the declaration, the Court affirmed that where a plaintiff possesses a subsisting title, a continuing cause of action exists, preventing the suit from being time-barred. Furthermore, the Court ruled that a suit dismissed for non-prosecution does not bar a subsequent suit if the cause of action is continuing, as such dismissal does not extinguish the underlying title or the right to seek relief for ongoing interference with property rights.

  Questions settled

  • Does a suit dismissed for non-prosecution under Order IX Rule 9 of the Code of Civil Procedure 1908 bar a subsequent suit based on a continuing cause of action?
  • Is a suit for possession of immovable property governed by the 12-year limitation period under Article 142 of the Limitation Act 1908?
  • Does a continuing cause of action exist in a suit for declaration of title where the plaintiff's right is repeatedly denied or challenged?
  Read full judgment →
• Dhani Bux and 2 others vs The State2007 P Cr. L J 1859 · Sindh High Court · 2007-08-07
  post-arrest baildelay in FIRimprovement in statementfurther inquirycriminal procedure
  Summary & questions settled

  This matter arises from a criminal case where the applicants sought post-arrest bail in connection with an FIR registered for the alleged murder of the complainant's brother by drowning him in a canal. The core legal questions involve whether unexplained delay in lodging the FIR, subsequent improvements in the complainant's statements during investigation, and unnatural conduct of purported eye-witnesses constitute grounds for further inquiry under criminal jurisprudence. The Sindh High Court held that the unexplained delay, the improvements made in the case, the presence of previous enmity, and the passive conduct of alleged eye-witnesses who watched the incident without intervening all point towards circumstances requiring further inquiry. Consequently, the court admitted all three applicants to post-arrest bail subject to furnishing requisite sureties. The key principle laid down is that material improvements, unexplained delays in FIR registration, and dubious conduct of witnesses leading to reasonable doubt justify granting further inquiry bail.

  Questions settled

  • Does an unexplained delay in lodging the FIR warrant further inquiry for the grant of bail?
  • Whether subsequent improvements in the complainant's statement during investigation justify granting post-arrest bail?
  • Is the unnatural conduct of an eye-witness standing by as a spectator a ground for further inquiry under criminal law?
  Read full judgment →
• Desser Mal vs The State2007 P Cr. L J 462 · Sindh High Court · 2006-11-02
  narcotics possessioncriminal appealbenefit of doubtchemical examiner reportprosecution evidenceunexplained delayFIR registrationAnti-Narcotics Force
  Summary & questions settled

  This criminal appeal challenges the conviction of the appellant under Section 9(c) of the Control of Narcotic Substances Act, 1997, for the alleged possession of narcotics. The core legal question was whether the prosecution successfully established the appellant's guilt beyond reasonable doubt. The High Court allowed the appeal, setting aside the conviction and acquitting the appellant. The Court held that the prosecution's case was fundamentally flawed due to significant inconsistencies. Specifically, the prosecution failed to rebut defense evidence regarding the timing of the FIR, which was physically impossible given the distance between the arrest site and the police station. Furthermore, the Court noted unexplained delays in sending narcotic samples for chemical analysis and discrepancies between the alleged sample weights and the Chemical Examiner's report. The Court also highlighted the suspicious, unexplained involvement of Rangers in a raid conducted by the Anti-Narcotics Force, a specialized agency. Consequently, the Court ruled that the prosecution failed to prove its case, and the benefit of the doubt was extended to the appellant, leading to his acquittal.

  Questions settled

  • Does the unexplained delay in sending narcotic samples to the Chemical Examiner vitiate the prosecution's case?
  • Can a conviction be sustained when the prosecution fails to rebut defense evidence regarding the timing of the FIR registration?
  • Does the unexplained involvement of a secondary agency in a raid conducted by a specialized force create reasonable doubt regarding the prosecution's narrative?
  Read full judgment →
• Desser Mal vs StatePLJ 2007 Cr.C. (Karachi) 691 · Sindh High Court · 2006-11-02
  narcotics possessioncriminal appealprosecution evidencechemical examiner reportF.I.R. registrationreasonable doubtrecovery proceedings
  Summary & questions settled

  This criminal appeal challenged the conviction of the appellant under Section 9(c) of the Control of Narcotic Substances Act, 1997, for the alleged possession of narcotics. The core legal question was whether the prosecution successfully established the appellant's guilt beyond reasonable doubt amidst significant evidentiary discrepancies. The High Court held that the prosecution failed to prove its case, setting aside the conviction. The Court found the prosecution's narrative highly doubtful, noting that the appellant’s evidence—that he was arrested by Rangers personnel during a dispute and presented at a press conference—remained unrebutted. Furthermore, the Court highlighted the physical impossibility of the prosecution's timeline regarding the F.I.R. registration, the unexplained five-day delay in sending samples for chemical analysis, and the discrepancy between the alleged weight of the samples and the Chemical Examiner’s report. Additionally, the failure to associate independent witnesses during the raid in a populated area further undermined the prosecution's case. Consequently, the Court concluded that the prosecution failed to meet the required standard of proof, necessitating the acquittal of the appellant.

  Questions settled

  • Does an unexplained delay in sending samples to the Chemical Examiner affect the credibility of a narcotics case?
  • Can a conviction be sustained when the prosecution's timeline for the registration of the F.I.R. is physically impossible?
  • Is the failure to associate independent witnesses in a populated area fatal to the prosecution's case in a narcotics recovery?
  • Does the unrebutted testimony of a defense witness regarding a prior press conference undermine the prosecution's version of an arrest?
  Read full judgment →
• Defence Housing Authority vs Nasira Wazir Ali and 2 others2007 CLC 631 · Sindh High Court · 2007-01-31Read full judgment →
• Defence Authority Club, Karachi and 5 others vs Federation of Pakistan through Secretary, Revenue Division and 2 others2007 PTD 398 · Sindh High Court · 2005-10-07
  sales tax on servicesprovincial legislative competencesales taxconstitutional lawtaxation of clubscustoms agents
  Summary & questions settled

  This judgment disposes of several consolidated constitution petitions challenging the levy of sales tax on services under the Sindh Sales Tax Ordinance, 2000 by customs agents and various clubs. The core legal questions involved the legislative competence of the Provincial Assembly to levy sales tax on services under the Constitution of the Islamic Republic of Pakistan, 1973, and whether membership subscriptions and entrance fees collected by clubs fall within the definition of taxable services. The Sindh High Court held that the Provincial Assembly has the exclusive legislative competence under Article 142(c) to levy sales tax on services, as such tax is not enumerated in the Federal Legislative List or Concurrent Legislative List, and Entry 49 of the Fourth Schedule strictly pertains to taxes on the sales and purchases of goods. Consequently, the petitions filed by customs agents were dismissed. However, the petitions filed by the clubs were partly allowed, holding that fixed charges such as entrance fees, annual subscriptions, monthly subscriptions, staff bonuses, and gratuities do not constitute services rendered and are therefore not subject to sales tax under the Ordinance.

  Questions settled

  • Whether the Provincial Legislature has the competence to levy sales tax on services under the Constitution of the Islamic Republic of Pakistan, 1973?
  • Does Entry 49 of the Fourth Schedule of the Constitution of the Islamic Republic of Pakistan, 1973 include sales tax on services?
  • Are entrance fees and monthly subscriptions received by clubs liable to sales tax on services under the Sindh Sales Tax Ordinance, 2000?
  Read full judgment →
• Deedar vs The State2007 MLD 466 · Sindh High Court · 2007-01-05
  post-arrest bailhardship baildelayed trialcriminal procedurecustodial detention
  Summary & questions settled

  This bail application concerns an accused person who has been in custody in connection with a criminal case registered in 1993. The applicant sought post-arrest bail on the grounds of inordinate delay in the trial, noting that the charge had not yet been framed and that prosecution witnesses were not traceable. The applicant argued that his absence from trial proceedings was due to his confinement in another jail, rather than any fault of his own, and that co-accused had previously been granted bail. The State counsel acknowledged the delay and the lack of progress in the trial. The Court held that the prolonged incarceration without the framing of a charge, combined with the non-availability of witnesses and the fact that the delay was not attributable to the applicant's conduct, constituted a case of hardship. Consequently, the Court granted post-arrest bail to the applicant, emphasizing that keeping the accused in custody under such circumstances would serve no useful purpose.

  Questions settled

  • Does the inability of the prosecution to produce witnesses and the failure to frame a charge after many years constitute grounds for hardship bail?
  • Is an accused entitled to bail when their absence from trial proceedings is due to incarceration in another case rather than willful evasion?
  • Can bail be granted when the trial has remained pending for over a decade without significant progress?
  Read full judgment →
• Days Inn Worldwide Inc. through Authorized Signatory vs Hotel Galaxy2007 CLD 198 · Sindh High Court · 2005-03-08Read full judgment →
• Dawar Khan vs The State2007 P Cr. L J 98 · Sindh High Court · 2006-09-27
  post-arrest bailrule of consistencybail applicationcriminal procedurejudicial discretionprosecution delay
  Summary & questions settled

  This matter concerns a bail application filed by the accused, Dawar Khan, seeking post-arrest bail in a case registered under Sections 353, 324, and 34 of the Pakistan Penal Code 1860. The applicant was charged with assaulting a police party and attempting to commit Qatl-e-Amd. The core legal question was whether the applicant was entitled to bail given the lack of injuries sustained by any party, the absence of recovered crime empties, and the fact that a co-accused had already been granted bail. The Court observed that the applicant had been incarcerated for over a year without the trial concluding, despite all witnesses being police personnel, indicating a lack of prosecution diligence. The Court held that the applicant was entitled to bail, emphasizing the rule of consistency, as the trial court had previously granted bail to a co-accused without distinguishing the applicant's role. The judgment establishes that the refusal of bail in violation of the rule of consistency, particularly when co-accused have been granted relief, constitutes an improper exercise of judicial discretion that causes unnecessary hardship.

  Questions settled

  • Does the rule of consistency apply when granting bail to co-accused persons?
  • Is the absence of injuries and recovered crime empties a relevant factor in considering post-arrest bail for attempted murder?
  • Can a trial court refuse bail to an accused when a co-accused has already been granted bail without distinguishing their respective roles?
  Read full judgment →
• Dawar Khan vs StatePIA 2007 Cr.C. (Karachi) 204 · Sindh High Court · 2006-09-27
  post-arrest bailrule of consistencyjudicial discretioncriminal procedurebail applicationprosecutorial delay
  Summary & questions settled

  This matter concerns a bail application filed by the accused, Dawar Khan, seeking post-arrest bail in a criminal case registered under Sections 353, 324, and 34 of the Pakistan Penal Code 1860, following allegations of assaulting a police party and attempting to cause Qatl-e-Amd. The core legal question was whether the accused was entitled to bail, particularly given that a co-accused had already been granted bail and there was an absence of injuries or recovered crime empties. The High Court held that the accused should be released on bail. The court observed that the prosecution had been lethargic, as no trial progress had been made despite the witnesses being police personnel. Furthermore, the court emphasized the rule of consistency, noting that the trial court erred by refusing bail to the applicant while granting it to a co-accused without distinguishing their roles. The key principle laid down is that the rule of consistency in judicial decisions must be strictly observed to ensure evenhanded justice, and the failure of trial courts to adhere to this principle causes unnecessary hardship to accused persons and increases the appellate workload.

  Questions settled

  • Does the failure of a trial court to consider the grant of bail to a co-accused when deciding a bail application for another accused violate the rule of consistency?
  • Can an accused be granted bail when the prosecution has failed to progress the trial despite the witnesses being police personnel?
  • Is the absence of recovered crime empties and injuries a relevant factor in determining the grant of post-arrest bail in cases involving allegations of assault and attempted murder?
  Read full judgment →
• Commissioner of. Income Tax, Companies Zone-I, Karachi vs Globe TextilePTCL 2007 CL. 543 · Sindh High CourtRead full judgment →
• Commissioner of Income-Tax vs Lever Brothers Ltd2007 PTD 1436 · Sindh High Court · 2006-12-16Read full judgment →
• Commissioner of Income Tax, Zone-a, Karachi vs Messrs Syed Iqbal2007 PTD 1094 · Sindh High Court · 2007-02-28Read full judgment →
• Commissioner of Income Tax, Companies-II, Karachi vs Tariq Mohsin2007 PTD 290 · Sindh High Court · 2006-09-20Read full judgment →
• Commissioner of Income Tax, Companies-II, Karachi vs Messrs Samad2007 PTD 1553 · Sindh High Court · 2007-01-20Read full judgment →
• Commissioner of Income Tax, Companies-I, Karachi vs Messrs Orix2007 PTD 1151 · Sindh High Court · 2007-03-08
  advance taxdeduction of taxinstrument of any kindejusdem generisinterpretation of statutesfinancial chargesloan agreementincome tax
  Summary & questions settled

  This reference application under section 136(1) of the Income Tax Ordinance, 1979 addresses whether a loan agreement through which a loan was obtained under a mark-up arrangement falls within the ambit of an 'instrument' under section 50(7D) of the Income Tax Ordinance, 1979, requiring the deduction of advance tax on profit or interest payments. The Assessing Officer had disallowed financial charges claimed by the respondent company for failure to deduct advance tax, viewing the loan agreement as an instrument under the said provision. The Income Tax Appellate Tribunal held that the agreement was not an instrument contemplated by section 50(7D). The Sindh High Court evaluated the statutory provisions and applied the doctrine of 'ejusdem generis' along with principles of harmonious construction. The Court held that the general words 'or instruments of any kind' must be interpreted in conjunction with the preceding specific negotiable financial instruments enumerated in the section, such as bonds, certificates, debentures, and securities. The Court concluded that ordinary loan agreements not sharing the nature of negotiable financial instruments issued to generate income do not attract advance tax deduction under section 50(7D), and answered the re-framed question of law in the affirmative.

  Questions settled

  • Whether a loan agreement obtained under a mark-up arrangement constitutes an instrument within the meaning of section 50(7D) of the Income Tax Ordinance, 1979?
  • Does the doctrine of ejusdem generis apply to the interpretation of the phrase 'or instruments of any kind' under section 50(7D) of the Income Tax Ordinance, 1979?
  • Whether advance tax is required to be deducted on profit or payments made on non-negotiable loan agreements under section 50(7D) of the Income Tax Ordinance, 1979?
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