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.

• Birch Club vs Government Of Sindh and others2006 CLC 119 · Sindh High Court · 2005-06-03Read full judgment →
• Bilqees Begum vs Registrar of Properties and another2006 PLD Karachi 617 · Sindh High Court · 2006-05-30
  benami transactionbenamidarhusband and wife propertyrestitutioncivil revisionregistered sale deedtransfer of property
  Summary & questions settled

  This civil revision application arises from a dispute over the ownership of a house purchased in the name of the applicant-wife during her marriage. The husband subsequently filed a suit seeking a declaration that the property was purchased benami in her name, which was decreed by the trial court and upheld by the appellate court. The core legal question was whether a property purchased by a husband in his wife's name constitutes a benami transaction without proof of a clear prior agreement or understanding, and whether subsequent transfer of the property by the husband affects restitution. The Sindh High Court held that a transaction cannot be deemed benami merely because the purchase funds were provided by the husband, especially when he admitted purchasing it to keep his wife happy and in the absence of an express agreement establishing benami intent. The Court established that purchasing property for a wife is common, and without clear proof of an agreement or understanding that she was merely a benamidar, the registered title prevails. Furthermore, restitution under Section 144 of the Code of Civil Procedure 1908 applies notwithstanding a pendente lite transfer by the decree-holder, as no one can transfer a better title than they possess.

  Questions settled

  • Can a property purchased by a husband in the name of his wife be declared a benami transaction solely on the ground that the purchase price was paid by the husband?
  • What constitutes sufficient proof to establish a benami transaction between spouses under Pakistani law?
  • Does a compromise in a family suit operate as res judicata regarding property ownership when ownership was not directly and substantially in issue?
  • Can a successful restitution claim under Section 144 of the Code of Civil Procedure 1908 be defeated by a pendente lite transfer of the property by the decree-holder?
  Read full judgment →
• Bashir Ahmed and 15 others vs Secretary, Election Commission of Pakistan and 9 others2006 PLC (C.S.) 786 · Sindh High Court · 2006-05-31
  honorariadiscriminatory treatmentelection dutiesElection Commission of PakistanFinance Divisionsubordinate judiciaryLocal Government Elections
  Summary & questions settled

  The petitioners, lower-grade employees in the subordinate judiciary of Larkana, sought payment of honoraria for duties performed as complementary staff during the 2005 Local Government Elections. While the Election Commission of Pakistan sanctioned honoraria for District Returning Officers, Returning Officers, Assistant Returning Officers, and specific staff members (Readers and Naib Qasids), the petitioners were excluded. The Election Commission argued that limited resources and lack of specific funding from the Finance Division necessitated this exclusion. The Court rejected this justification, holding that discriminatory treatment in the payment of honoraria for election duties is impermissible. The Court emphasized that the Election Commission is responsible for assessing election expenses and securing necessary funds from the Finance Division, which is constitutionally obligated to provide resources for the conduct of elections. Consequently, the Court allowed the petition, directing the Election Commission to approach the Finance Division and ensure payment of honoraria to the petitioners on the same terms as those provided to other complementary staff within six months.

  Questions settled

  • Can the Election Commission of Pakistan deny honoraria to some complementary staff while paying others for the same election duties?
  • Is the lack of funds from the Finance Division a valid legal ground for the Election Commission to discriminate in the payment of honoraria?
  • Does the Election Commission have a duty to assess and secure sufficient funds from the Finance Division for election-related expenses?
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• Barkat Ali vs The State2006 MLD 431 · Sindh High Court · 2006-01-23
  post-arrest bailSection 17(3)Hudood Ordinanceidentification paradefurther inquiryunexplained delay in FIRno recovery
  Summary & questions settled

  This matter arose from a post-arrest bail application filed before the High Court of Sindh by the applicant facing trial for an offence under Section 17(3) of the Offences Against Property (Enforcement of Hudood) Ordinance, 1979. The prosecution alleged that four armed individuals entered the complainant's house and decamped with cash and gold ornaments. The applicant was not nominated in the FIR, no recoveries were effected from his custody, and the prosecution’s primary evidence rested on an identification parade conducted by the complainant alone, excluding other eyewitness relatives present during the incident. Additionally, the FIR was lodged with an unexplained delay of over eight hours, and the applicant was already held in custody at the same police station prior to the test identification parade. The High Court held that the failure to present the accused before other witnesses, the absence of any recovery, the unexplained delay, and the possibility of the accused having been shown to the complainant before the parade raised significant doubts, entitling the applicant to bail under the rule of further inquiry.

  Questions settled

  • Whether an unexplained delay in lodging an FIR when the police station is in close proximity can create sufficient doubt to warrant the grant of bail?
  • Whether the exclusion of available eyewitnesses from an identification parade weakens the evidentiary value of an identification test conducted by only one witness?
  • Does prior police custody of a suspect at the same police station where the case is registered raise a sufficient possibility of being shown to the complainant to justify bail pending further inquiry?
  • Whether the absence of any recovery of robbed articles or weapons from an unnominated accused makes out a case of further inquiry under bail jurisprudence?
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• Bakht Hussain vs The State2006 YLR 278 · Sindh High Court · 2005-09-20
  criminal transfer applicationconvenience of partiesjurisdictional transferbifurcation of districtprocedural fairness
  Summary & questions settled

  This matter concerns a criminal transfer application filed under Section 526 of the Code of Criminal Procedure 1898, seeking the relocation of a criminal case from the Court of the IInd Civil Judge and Judicial Magistrate, Dadu, to the Court of the IInd Civil Judge and Judicial Magistrate, Kotri, District Jamshoro. The applicant argued that the case, registered under Section 13-E of the Pakistan Arms Ordinance 1965, is an offshoot of a separate murder case pending before the Additional Sessions Judge, Kotri. The applicant contended that transferring the case back to Kotri, where it was originally pending prior to the bifurcation of District Dadu, would ensure convenience for both the prosecution and the accused, facilitating the smooth conduct of proceedings. The Additional Advocate General, Sindh, did not oppose the request. Finding the grounds reasonable and in the interest of justice, the Court allowed the application, ordering the transfer of the case to the Court of the IInd Civil Judge and Judicial Magistrate, Kotri, thereby consolidating related proceedings within the same jurisdiction.

  Questions settled

  • Can a criminal case be transferred between courts to ensure the convenience of the parties and the smooth conduct of proceedings?
  • Does the bifurcation of a district provide valid grounds for transferring a criminal case back to its original jurisdiction?
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• Bakhshal and 4 otherss vs Mukhtiar Ahmed through Legal Heirs and otherss2006 YLR 161 · Sindh High Court · 2005-09-30Read full judgment →
• Bakhat Ali and anothers vs Shahnawaz and 15 others2006 PLD Karachi 497 · Sindh High Court · 2006-04-26Read full judgment →
• Bakhat Ali and another vs Shahnawaz and others2006 C.L.R. 1516 · Sindh High Court · 2006-04-26Read full judgment →
• Bakhat Ali and another vs Shahnawaz and 15 others2006 PLJ Karachi 196 · Sindh High Court · 2006-04-26Read full judgment →
• Bahadur vs The State2006 MLD 1342 · Sindh High Court · 2001-08-24
  post-arrest bailillicit armslicensed weaponfurther inquirycriminal procedure
  Summary & questions settled

  This matter comes before the Sindh High Court on a criminal bail application filed by the applicant Bahadur, seeking post-arrest bail in a case registered at Police Station Bakrani concerning the recovery of a weapon. The core legal question raised is whether the alleged offence falls under Section 13 of the Arms Ordinance or under the Surrender of Illicit Arms Act, 1991, and whether the prosecution story is rendered doubtful by multiple FIRs registered against villagers and the fact that the recovered repeater gun is licensed in another person's name. The State did not oppose the bail plea. The court held that since the applicability of the specific statute requires determination at trial and the maximum sentence provided under the Surrender of Illicit Arms Act, 1991 is three years' rigorous imprisonment, the case falls within the prohibitory clause exception. The court granted post-arrest bail to the applicant subject to furnishing a solvent surety of Rs. 50,000 and a P.R. bond, laying down the principle that where the penal statute applicable is open to determination and the maximum punishment does not fall within the prohibitory clause, further inquiry into the guilt entitles the accused to bail.

  Questions settled

  • Whether post-arrest bail should be granted when it is yet to be determined which statute applies to the alleged weapons offence?
  • Does the registration of multiple FIRs against villagers affect the credibility of the prosecution story for the purpose of bail?
  • Is an accused entitled to bail when the maximum sentence provided for the offence is three years' rigorous imprisonment?
  Read full judgment →
• Bahadur Khan vs Qabool Ahmed and 4 others2006 C.L.R. 1234 · Sindh High Court · 2005-04-18Read full judgment →
• Baby Mahek alias Sakeena and 4 others vs Miss Aisha Qayyum and 22006 MLD 468 · Sindh High Court · 2006-01-13Read full judgment →
• Babar Younus vs The State2006 P Cr. L J 1427 · Sindh High Court · 2006-06-02
  post-arrest bailtax fraudsales tax refunddiscretionary arrestshow-cause notice
  Summary & questions settled

  This is a bail application filed before the Sindh High Court by the applicant, who was accused of tax fraud regarding sales tax refund claims totaling over Rs. 30 million. The applicant had previously been refused pre-arrest and post-arrest bail. The core legal question was whether the applicant was entitled to post-arrest bail given the nature of the allegations and the lack of material evidence regarding tax fraud. The High Court held that arrest and prosecution under the Sales Tax Act are not mandatory and require sufficient material evidence amounting to a belief rather than mere reasonable suspicion, and that statutory pre-conditions like show-cause notices had not been fulfilled. The Court emphasized that the suppliers were registered and no loss of revenue was shown, making it a fit case for further inquiry. Consequently, the bail application was allowed, and the applicant was granted post-arrest bail subject to furnishing surety.

  Questions settled

  • Whether prosecution and arrest for offences under the Sales Tax Act, 1990 are mandatory or discretionary?
  • Can a person be arrested for tax fraud merely on the basis of a reasonable suspicion rather than sufficient material evidence?
  • Is the issuance of a show-cause notice mandatory before proceeding against a claimant for an inadmissible sales tax refund claim?
  • Whether purchases on credit and locked premises of suppliers constitute sufficient grounds to infer tax fraud for the denial of bail?
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• Babar Ismail vs Mst. Sheeba Bashir and another2006 CLC 1662 · Sindh High Court · 2006-03-24
  Family CourtKhulaDissolution of marriageDower amountHaq MaharPre-trial proceedingsConstitutional petition
  Summary & questions settled

  This constitutional petition challenges an order passed by a Family Court which decreed a suit for dissolution of marriage while simultaneously ordering the framing of issues regarding the recovery of dower amount. The core legal question was whether a Family Court, upon dissolving a marriage, can bifurcate the proceedings by granting dissolution immediately while reserving the issue of dower for future evidence, particularly when the dissolution is based on Khula. The High Court held that the trial court's order was flawed. It clarified that under the proviso to Section 10(4) of the Family Courts Act, 1964, a dissolution based on Khula necessitates that the wife either restores the dower already received or foregoes any unpaid dower. The Court established the principle that a Family Court must determine the specific nature of the dissolution—whether it is based on Khula or other grounds—before passing a decree. If the dissolution is granted on the basis of Khula, the wife is not entitled to the dower amount; if based on other grounds, evidence must be recorded before passing a decree.

  Questions settled

  • Does the proviso to Section 10(4) of the Family Courts Act 1964 require the forfeiture of dower when a marriage is dissolved on the ground of Khula?
  • Can a Family Court decree the dissolution of marriage while simultaneously reserving the issue of dower for future evidence?
  • Is a wife entitled to claim dower if the dissolution of her marriage is granted on the basis of Khula?
  Read full judgment →
• Azizullah Sheikh and another vs Union Bank Ltd.2006 CLD 746 · Sindh High Court · 2006-03-10Read full judgment →
• Aziz Ahmad vs The State2006 MLD 1286 · Sindh High Court · 2006-05-29
  post-arrest bailfurther inquirycounter-versiondelay in F.I.R.prolonged incarcerationpolice encounter
  Summary & questions settled

  This matter concerns a bail application filed by a police constable facing trial for the alleged murder of the complainant's nephew. The core legal question was whether the applicant was entitled to post-arrest bail given the existence of a counter-version of the incident, the significant delay in lodging the F.I.R., the lack of incriminating forensic evidence at the scene, and the prolonged pre-trial incarceration of the accused without the framing of a charge. The Court held that the case fell within the scope of further inquiry under the relevant statutory provisions. The Court observed that the F.I.R. appeared to be a counter-blast to an earlier police encounter case, noting the absence of blood-stained earth at the alleged crime scene and the unexplained delay in recording witness statements. Consequently, the Court granted bail, establishing the principle that where there are credible counter-versions, an unexplained delay in the F.I.R., and an inordinate delay in the commencement of trial proceedings, the accused is entitled to the benefit of further inquiry under the law of bail.

  Questions settled

  • Does the existence of a counter-version of an incident entitle an accused to bail under the principle of further inquiry?
  • Can the absence of blood-stained earth at an alleged crime scene be a ground for granting bail?
  • Does an inordinate delay in the framing of a charge against an accused in custody justify the grant of bail?
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• Azad Employees Union vs Registrar of Trade Unions Sindh and others2006 PLC 4 · Sindh High Court · 2005-05-23
  Collective Bargaining AgentTrade UnionConstitutional PetitionWrit JurisdictionIndustrial RelationsSub JudiceLabour Law
  Summary & questions settled

  This constitutional petition was filed under Article 199 of the Constitution of Pakistan 1973, seeking to quash an order dated 6-2-2002 and to direct the Registrar of Trade Unions to issue a Collective Bargaining Agent (CBA) certificate to the petitioner-union under Section 22(1) of the Industrial Relations Ordinance 1969. The petitioner, a registered union, argued it was entitled to represent permanent workers, despite the pendency of other litigation regarding CBA status in the same establishment. The respondents contended that the impugned communication was merely informational regarding the pendency of a High Court Appeal (HCA No. 249/2001) and that the petition was premature and not maintainable. The Court held that the impugned letter was not an adverse order but an informational notification regarding existing litigation and the status of interim relief in a related pending appeal. Consequently, the Court determined that no direction could be issued for the grant of a CBA certificate while the related appeal remained sub judice. The petition was dismissed as premature and misconceived.

  Questions settled

  • Whether a constitutional petition is maintainable against an informational letter regarding the pendency of other litigation?
  • Can a court direct the issuance of a Collective Bargaining Agent certificate while related litigation concerning the same status is pending?
  • Is a petition seeking a Collective Bargaining Agent certificate premature if the underlying status is subject to an active High Court Appeal?
  Read full judgment →
• Ayaz Younus vs The State through Chairman National Accountability2006 MLD 452 · Sindh High Court · 2006-01-09Read full judgment →
• Avery Scales (Private) Ltd., Karachi vs Additional Collector2006 PTD 2150 · Sindh High Court · 2006-05-12
  Sales Tax Act 1990taxable activitytaxable suppliesrepair servicesspare partsvalue of supplyadditional tax
  Summary & questions settled

  This Special Sales Tax Appeal challenged the order of the Customs, Excise, and Sales Tax Appellate Tribunal regarding the taxability of repair services and spare parts. The core legal question was whether repair charges earned by the appellant constitute a taxable activity subject to sales tax under the Sales Tax Act, 1990, and whether the consumption of spare parts during such repairs is taxable. The Court held that while the consumption of spare parts is taxable, the repair charges themselves are not. The Tribunal erred by interpreting the term 'taxable activity' in isolation. The Court established that 'taxable activity' must be read in conjunction with 'taxable supplies.' Since repair services do not fall within the statutory definitions of 'supply' or 'taxable supply' under the Sales Tax Act, 1990, they cannot be subjected to sales tax. Consequently, the imposition of additional tax on repair charges was set aside, while the tax on spare parts remained justified.

  Questions settled

  • Are repair charges earned by a business subject to sales tax under the Sales Tax Act, 1990?
  • Does the definition of 'taxable activity' under the Sales Tax Act, 1990, include services that do not constitute 'taxable supplies'?
  • Are spare parts consumed during repair services subject to the levy of sales tax?
  Read full judgment →
• Aurangzeb vs Mst. Gulnaz and another2006 PLD Karachi 563 · Sindh High Court · 2006-03-24
  KhulaDissolution of marriageRestitution of dowerFamily CourtConstitutional jurisdictionAlternative remedyFamily law
  Summary & questions settled

  This constitutional petition challenged a Family Court decree that dissolved a marriage on the ground of Khula' without ordering the restitution of dower. The petitioner contended that Khula' cannot be granted without such restitution. The High Court dismissed the petition, holding that restitution of dower is not an indispensable condition for the validity of a Khula' decree. The court affirmed that once a Family Court determines that spouses cannot live within the limits of God, the dissolution must proceed. Any finding regarding the restoration of mutual benefits creates a civil liability but does not invalidate the dissolution itself. Furthermore, the court held that the petition was not maintainable because the petitioner had an alternative remedy of appeal regarding the financial aspects of the decree. Additionally, the court observed that under the Family Courts Act, 1964, the strict rules of evidence are not applicable to family proceedings. Consequently, the court found no grounds to interfere with the Family Court's exercise of discretion in dissolving the marriage without ordering dower restitution.

  Questions settled

  • Is the restitution of dower an indispensable condition for the validity of a decree of dissolution of marriage by Khula'?
  • Does the non-restoration of benefits in a Khula' decree invalidate the dissolution of the marriage?
  • Is a constitutional petition under Article 199 maintainable against a Family Court decree when an alternative remedy of appeal exists regarding the financial components of the decree?
  • Are the strict rules of evidence contained in the Qanun-e-Shahadat, 1984 applicable to proceedings before a Family Court?
  Read full judgment →
• Attaullah and others vs The State2006 MLD 896 · Sindh High Court · 2006-03-08Read full judgment →
• Attaullah alias Qasim vs The State2006 PLD Karachi 206 · Sindh High Court · 2006-01-23
  murderanti-terrorismocular evidencewithholding evidenceadverse presumptionidentification paradeballistic reportbenefit of doubt
  Summary & questions settled

  This judgment disposes of Special Anti-Terrorism Appeals and a Confirmation Case arising from a common judgment of the Anti-Terrorism Court, which had convicted and sentenced the appellants to death and rigorous imprisonment for murder, causing injuries, and possessing unlicensed weapons. The prosecution's case rested on ocular testimony and weapon recoveries. On appeal, the High Court analyzed the evidence and found that the injured complainant did not support the prosecution's identification of the appellants, while the other injured witness was withheld without explanation, triggering an adverse presumption under Article 129(g) of the Qanun-e-Shahadat 1984. The remaining eye-witnesses made material improvements, delayed their statements without explanation, and provided contradictory accounts. Furthermore, the recovered pistols were never produced in court to link them to the ballistic report. Consequently, the High Court held that the prosecution failed to prove its case beyond reasonable doubt, allowed the appeals, set aside the convictions, and extended the benefit of doubt to the appellants.

  Questions settled

  • What is the legal effect under the Qanun-e-Shahadat 1984 if the prosecution fails to examine a material injured eye-witness without any explanation?
  • Can a conviction be sustained on weapon recovery and ballistic reports if the recovered weapons are not produced before the trial court for identification?
  • How does an unexplained delay in recording a witness's statement under Section 161 of the Code of Criminal Procedure affect the credibility of their testimony?
  • Can an identification test serve as substantive evidence to sustain a conviction when the primary ocular evidence is disbelieved?
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• Attaullah alias Qasim and anothers vs The State2006 YLR 3213 · Sindh High Court · 2006-08-05
  anti-terrorism appealcapital punishmentbenefit of the doubtocular testimonyidentification testballistic expert reportsuppression of witnessmurder
  Summary & questions settled

  This judgment disposes of a special anti-terrorism appeal and a confirmation case arising from a conviction and death sentence for a terrorist attack resulting in multiple murders. The core legal questions involve the reliability of uncorroborated ocular testimony, the evidentiary value of identification parades where procedural flaws occurred, the consequence of failing to produce material and injured eyewitnesses, and the admissibility of ballistic reports when the recovered weapon is not produced in court. The Sindh High Court held that the prosecution failed to prove its case beyond a reasonable doubt due to material contradictions, delayed disclosure of witnesses, suppression of the injured eyewitness, flaws in the identification test, and failure to connect the recovered weapons through proper identification at trial. The key principle laid down is that where the sole ocular testimony is uncorroborated and heavily impeached by material omissions and suppression of best evidence, and where recovery weapons are unauthenticated at trial, the accused must be given the benefit of the doubt.

  Questions settled

  • Whether the uncorroborated testimony of a sole eyewitness can form the basis of a capital conviction when material omissions exist in his previous statements?
  • Does an identification parade lose its evidentiary value if the witness is exposed to the accused prior to the test or if the witness provides a factually incorrect description of the accused's facial features?
  • What is the legal effect under Qanun-e-Shahadat Order 1984 when the prosecution withholds a natural and injured eyewitness?
  • Can a ballistic expert's report be relied upon to connect an accused to a crime when the alleged weapon of offense is not produced and identified during the trial?
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• Atta Ul Haq Siddiqui vs The State2006 MLD 1901 · Sindh High Court · 2006-03-17
  post-arrest bailsales tax refundfake invoicesfurther enquirytax frauddefective investigation
  Summary & questions settled

  This petition for post-arrest bail was filed by the proprietor of an export business accused of fraudulently claiming and obtaining sales tax refunds amounting to over Rs. 62 million through fake invoices, non-existent suppliers, and a non-existent business unit. The prosecution argued that sufficient material existed to support these allegations. However, upon examination of the police file, the court observed that the statements of the three Sales Tax Department witnesses recorded by the investigating officer did not support the allegations in the First Information Report (FIR). Furthermore, although a bulk of documents was present in the police file, there was no record of who produced them or how they were collected. The court held that due to the lack of evidentiary support connecting the accused to the alleged fraud, the case required further inquiry. Consequently, the court granted bail to the petitioner and directed the Central Board of Revenue to take steps to improve the quality of investigations in high-value tax fraud cases.

  Questions settled

  • Whether an accused is entitled to bail under the rule of further inquiry if the statements of prosecution witnesses do not support the allegations in the FIR?
  • Can documents present in a police file be used to deny bail if there is no evidence showing who produced them or how they were collected during the investigation?
  Read full judgment →
• Athar H. Ansari vs Federatioon of Pakistan, Ministry of Defence and others2006 PLC (C.S.) 774 · Sindh High Court · 2006-02-08
  constitutional petitionservice tribunal jurisdictionfitness for promotionhostile discriminationfundamental rightsretirement benefitspost-facto confirmation
  Summary & questions settled

  This matter involves a constitutional petition filed under Article 199 of the Constitution of Pakistan 1973 by a retired Chief Engineer of a statutory corporation seeking post-facto confirmation as Director Engineering for pensionary and retirement benefits, alleging hostile discrimination violative of Article 25 of the Constitution. The core legal questions related to the maintainability of the constitutional petition in light of the jurisdictional bar under Article 212 read with the Service Tribunals Act 1973, and whether the petitioner was subjected to unlawful discrimination in the denial of promotion and retirement benefits. The Sindh High Court held that since the matter pertained to fitness for promotion—which falls outside the appellate jurisdiction of the Service Tribunal under section 4 of the Service Tribunals Act 1973—the constitutional jurisdiction of the High Court was not barred by Article 212. On merits, the Court ruled that the petitioner was subjected to hostile discrimination in violation of Article 25 of the Constitution as similarly placed colleagues were granted post-facto confirmation and retirement benefits. The key principle laid down is that public power must be exercised honestly, fairly, and in accordance with objective criteria, and arbitrary denial of benefits amounting to hostile discrimination is justiciable under constitutional jurisdiction.

  Questions settled

  • Whether the jurisdiction of the High Court under Article 199 is barred under Article 212 of the Constitution in service matters relating to fitness for promotion which fall outside the scope of section 4 of the Service Tribunals Act?
  • Does the denial of post-facto confirmation and retirement benefits to an employee while granting the same to similarly situated colleagues constitute hostile discrimination violative of Article 25 of the Constitution?
  • Whether a retired employee of a statutory corporation can invoke the jurisdiction of a Service Tribunal under Section 2-A of the Service Tribunals Act?
  • Can a High Court interfere under constitutional jurisdiction when public authorities fail to follow objective criteria and exercise discretion in a discriminatory manner?
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• Asmat vs The State2006 P Cr. L J 1866 · Sindh High Court · 2006-05-31
  post-arrest bailgas pipeline blastanti-terrorismeyewitness statementscase diary manipulationbenefit of doubt
  Summary & questions settled

  This matter involves a bail application filed by the applicant, Azmat, who is facing trial before an Anti-Terrorism Court for allegedly blasting a gas pipeline with explosive substances, an offense under anti-terrorism laws and crimes against the State. The core legal question concerns whether the applicant is entitled to post-arrest bail given the disputed timing and authenticity of eyewitness statements allegedly recorded under section 161 of the Code of Criminal Procedure 1898, which were omitted from initial police case diaries. The Sindh High Court held that the circumstances surrounding the police record raised reasonable doubt regarding the delayed implication of the applicant, making him a fit case for bail. The court laid down the principle that the commission of a heinous offense or involvement in other cases is insufficient to withhold bail if the case itself warrants it, and an accused is entitled to the benefit of doubt even at the bail stage.

  Questions settled

  • Whether the omission of eyewitness statements from early police case diaries creates sufficient doubt to warrant post-arrest bail?
  • Does the commission of a heinous offense or involvement in multiple cases justify withholding bail under anti-terrorism laws?
  • Can an accused person claim the benefit of doubt at the stage of bail?
  Read full judgment →
• Asif vs The State2006 MLD 103 · Sindh High Court · 2005-11-10
  post-arrest bailtheftmisidentificationparity of treatmentbail applicationtrial court directions
  Summary & questions settled

  This matter concerns a post-arrest bail application filed by the accused, Asif, who sought relief on the grounds that no incriminating recovery was made from him regarding the alleged theft. The applicant further highlighted that a co-accused, Abdul Ghaffar, had been granted bail by the trial court after the complainant filed an affidavit stating that the co-accused was implicated due to a bona fide mistake of misidentification. The core legal question was whether the applicant was entitled to bail in light of the complainant's potential misidentification and the parity of treatment with the co-accused. The Sindh High Court disposed of the application with a specific direction to the trial court to examine the complainant within sixty days. The court held that upon the complainant's examination, the applicant may file a fresh bail application to be decided on its own merits. Crucially, the court established that if the trial court fails to examine the complainant within the stipulated sixty-day period, the applicant shall automatically stand admitted to bail upon furnishing the required surety bonds.

  Questions settled

  • Can a bail application be disposed of with a conditional order for automatic bail if the trial court fails to examine the complainant within a specified timeframe?
  • Does the grant of bail to a co-accused based on the complainant's affidavit of misidentification entitle another accused to similar relief?
  Read full judgment →
• Asif Raza vs The State2006 P Cr. L J 1628 · Sindh High Court · 2006-06-05
  post-arrest bailrobberyfurther inquirynon-recoverySindh High Court
  Summary & questions settled

  The applicant sought post-arrest bail in Crime No. 285 of 2005 registered under Section 392 read with Section 34 of the Pakistan Penal Code 1860 at Police Station Baghdadi, Karachi (South), after his bail plea was dismissed by the trial court on the ground of being apprehended at the spot. The core legal question was whether the applicant was entitled to post-arrest bail given that investigation was complete, challan submitted, and no recovery effected. The Sindh High Court held that since the investigation was complete, challan submitted, and no recovery was made despite the alleged spot arrest, the case 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 the absence of recovery coupled with the completion of investigation and submission of challan in offences not falling within the prohibitory clause can make out a case of further inquiry warranting the grant of bail.

  Questions settled

  • Whether the absence of recovery from an accused arrested at the spot makes out a case of further inquiry for the grant of bail?
  • Is an accused entitled to post-arrest bail when investigation is completed and the challan has been submitted to the trial court?
  • Does an offence under Section 392 read with Section 34 of the Pakistan Penal Code 1860 warrant the withholding of bail when no recovery is effected?
  Read full judgment →
• Asif Khan and others vs The State and others2006 PLD Karachi 226 · Sindh High Court · 2006-02-15
  acquittal appealabsconding accusedright of audiencedelayed statementidentification paradecorroborative evidenceocular testimony
  Summary & questions settled

  This appeal was filed against the acquittal of respondents in a murder case. The primary legal questions concerned the right of audience for an absconding respondent in an acquittal appeal and the evidentiary value of delayed witness statements and in-court identification without prior parade. The Court held that a fugitive from justice loses the right of audience, even through counsel, though the Court may seek assistance for its own benefit. Furthermore, an acquittal appeal cannot be adjourned indefinitely for an absconding respondent; the Court may decide the matter on merits in their absence. Regarding evidence, the Court ruled that significant, unexplained delays in recording statements under Section 161, Code of Criminal Procedure 1898, render witness testimony unreliable. Additionally, in-court identification of an unknown accused without a prior identification parade is of no evidentiary value. Finally, the Court affirmed that recovery evidence is merely corroborative and cannot sustain a conviction when the substantive ocular evidence is disbelieved. Consequently, the appeal was dismissed, and the acquittal maintained.

  Questions settled

  • Does a fugitive from justice have a right of audience in an acquittal appeal, even through counsel?
  • Can an appeal against acquittal be adjourned indefinitely due to the abscondence of a respondent?
  • What is the evidentiary value of an in-court identification of an accused if no prior identification parade was conducted?
  • Can a conviction be sustained solely on recovery evidence if the substantive ocular evidence is disbelieved?
  Read full judgment →
• Asia Lubricants, Karachi vs Collector of Sales Tax and Central2006 PTD 2530 · Sindh High Court · 2005-09-07Read full judgment →
• Ashfaq Yousuf Tola vs Federation of Pakistan through Secretary, Ministry of Interior and Narcotics Control; Islamabad2006 PLD Karachi 193 · Sindh High Court · 2005-12-13
  Exit Control Listfundamental rightsright to movementpersonal libertyNational Accountability Bureauconstitutional petition
  Summary & questions settled

  This constitutional petition was filed before the Sindh High Court seeking the removal of the petitioner's name from the Exit Control List (ECL). The core legal question concerned whether the continued retention of the petitioner's name on the ECL was justified after the underlying dispute before the National Accountability Bureau was settled. The Court held that the placement and continuation of a person's name on the ECL without valid justification and without providing an opportunity of being heard constitutes a serious inroad on personal liberty. The Court laid down the principle that the Federal Government's power to restrict movement through the ECL is subject to well-established limits, requiring an opportunity of hearing unless public interest dictates otherwise, and such restrictions cannot persist indefinitely after the resolution of underlying allegations. The petition was consequently allowed and the respondents were directed to remove the petitioner's name from the ECL forthwith.

  Questions settled

  • Does the placement of a person's name on the Exit Control List without a hearing violate the principles of natural justice?
  • Can a person's name remain on the Exit Control List indefinitely after the settlement of disputes before the National Accountability Bureau?
  • Does placing a person's name on the Exit Control List amount to an unconstitutional inroad on liberty when no criminal allegations subsist?
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• Arshad Farooq SIDDIQUI/Accused vs The State2006 YLR 39 · Sindh High Court · 2005-10-03
  pre-arrest bailsales tax fraudbenefit of doubtpersonal libertytax refund claimbail confirmation
  Summary & questions settled

  This matter concerns a petition for confirmation of pre-arrest bail by the applicant, the proprietor of M/s Zunera International, who was accused of committing tax fraud under Section 33 of the Sales Tax Act, 1990. The prosecution alleged that the applicant claimed a sales tax refund based on fake shipping bills and false bills of lading, asserting that no goods were exported. Conversely, the applicant contended that the exports were genuine, providing bank statements as evidence of foreign exchange remittances received for the disputed transactions. The Court observed that both parties presented conflicting documentary evidence, the veracity of which required further investigation. Emphasizing that an accused is entitled to the benefit of doubt even at the bail stage and that personal liberty should not be jeopardized without sufficient evidence, the Court held that the prosecution failed to establish a clear case of fraud at this preliminary stage. Consequently, the Court confirmed the interim bail, directing the applicant to cooperate with the investigation while granting the prosecution liberty to seek bail cancellation if subsequent evidence proves the allegations.

  Questions settled

  • Is an accused entitled to the benefit of doubt at the stage of bail?
  • Can pre-arrest bail be confirmed when both the prosecution and the accused present conflicting documentary evidence requiring further investigation?
  • Does the absence of sufficient evidence against an accused justify the grant of bail to protect the fundamental right to liberty?
  Read full judgment →
• Arshad Ali Khan and another vs Returning Officer and others2006 MLD 1311 · Sindh High Court · 2005-05-26Read full judgment →
• Arshad Abdullah etc. vs Government of Sindh through Secretary, Housing2006 C.L.R. 1348 · Sindh High CourtRead full judgment →
• Arshad Abdullah and otherss vs Government of Sindh through Secretary, Housing and Town Planning Department and otherss2006 YLR 3209 · Sindh High Court · 2004-11-11
  commercializationresidential to commercial conversionShahrah-e-Faisalamalgamated plothousing societyconstitutional petitionSindh High Court
  Summary & questions settled

  This constitutional petition was filed before the Sindh High Court seeking directions for the commercialization of an amalgamated plot situated on Shahrah-e-Faisal, Karachi, upon payment of fees applicable at the time of the initial application in 1998. The core legal question involved whether plots facing Shahrah-e-Faisal required formal permission for conversion from residential to commercial use following a provincial notification, and whether an amalgamated plot incorporating a sub-divided plot not facing the main road could claim commercial status for the entire area. The court partly allowed the petition, holding that original plots facing Shahrah-e-Faisal stood commercialized by virtue of a previous notification under the KDA Order and required no further conversion permission, whereas the portion not facing the main road could not be granted automatic commercialization and must be processed based on the rates prevailing at the time of the original application. The key principle laid down is that statutory notifications declaring specific roads commercial obviate the need for separate commercialization permissions for properties abutting those roads, but non-qualifying amalgamated portions must be treated distinctly based on their actual physical access.

  Questions settled

  • Does a property facing a notified commercial road require separate permission from the development authority for conversion from residential to commercial use?
  • Can an amalgamated plot containing portions both facing and not facing a notified commercial road claim automatic commercialization for the entire area?
  • At what rate should a pending application for commercialization of a non-qualifying plot portion be processed?
  Read full judgment →
• Army Welfare Sugar Mills, Badin through General Manager vs Army2006 PLC 59 · Sindh High Court · 2005-09-27
  industrial relationstrade union registrationarmed forces exemptionArmy Welfare Trustlabour lawstatutory interpretation
  Summary & questions settled

  This constitutional petition challenged an order passed by the Sindh Labour Court, which had dismissed a complaint filed by the Registrar of Trade Unions seeking the deregistration of a trade union operating within the Army Welfare Sugar Mills. The core legal question was whether the Army Welfare Sugar Mills, as a project of the Army Welfare Trust, constitutes an installation or service exclusively connected with the Armed Forces of Pakistan, thereby exempting it from the application of the Industrial Relations Ordinance, 2002. The High Court held that the establishment is indeed exempt. The ratio of the decision is that where an establishment's income and profits are utilized solely for the welfare of serving and retired Army personnel and their dependents, it maintains a sufficient nexus with the Armed Forces to qualify for the exemption under Section 1(4)(b) of the Industrial Relations Ordinance, 2002. The court established the principle that the 'exclusive connection' requirement is satisfied when the objectives and financial benefits of an organization are dedicated to the welfare of Armed Forces personnel, regardless of the commercial nature of the activity.

  Questions settled

  • Does an establishment whose profits are utilized for the welfare of Armed Forces personnel qualify as an installation exclusively connected with the Armed Forces under the Industrial Relations Ordinance, 2002?
  • Is the commercial nature of an establishment's activities a bar to its exemption under the Industrial Relations Ordinance, 2002, if it is connected to the Armed Forces?
  • Does the exemption from the Industrial Relations Ordinance, 2002, apply to establishments managed by the Army Welfare Trust?
  Read full judgment →
• Arif Mukhtar Malik vs Secretary Revenue Division, Federation of Pakistan, Islamabad and 4 others2006 PTD 50 · Sindh High Court · 2005-08-30Read full judgment →
• Ardeshir Cowasjee and 7 otherss vs Karachi Building Control2006 PLD Karachi 63 · Sindh High Court
  commercializationbuilding controlplot ratiolocus standizoning regulationsillegal constructionconstitutional petition
  Summary & questions settled

  This constitutional petition was filed by public-spirited citizens and neighbours challenging the commercialization, excess plot-ratio, and alleged illegal construction of the World Trade Centre building on a residential plot in Clifton, Karachi, by respondent No. 4. The core legal questions involved whether the conversion of a residential flat-site to commercial use and the relaxation of rules by authorities violated the applicable building laws, zoning regulations, and administrative orders, and whether public-spirited citizens had locus standi to challenge such constructions. The Sindh High Court held that the petitioners possessed locus standi to maintain the petition in light of established precedents. However, during the proceedings, the City Council officially approved commercial status for major roads including Khayaban-e-Roomi where the plot is located. Since the petitioners failed to challenge this intervening decision by amending their petition, their primary grievance regarding illegal land-use conversion vanished. The court dismissed the petition but directed the Karachi Building Control Authority to inspect the premises and demolish any non-regularizable deviations from the approved plan within three months. The key principle laid down is that land-use conversion officially regularized by a competent municipal body pursuant to a valid city council resolution validates the change of status unless such administrative action is directly challenged.

  Questions settled

  • Do public-spirited citizens and neighbours have locus standi to challenge illegal and unauthorized constructions in violation of building control laws?
  • Does the subsequent official commercialization of a road by the City Council extinguish a challenge against the land-use conversion of a plot located thereon if the council's decision is not formally challenged?
  • Can building authorities permit relaxations in plot-ratios and compulsory open spaces contrary to applicable zoning regulations?
  Read full judgment →
• Arbi Versus . Arbi vs Muzaffar Kalwar Etc.K.L.R. 2006 Civil Cases 314 · Sindh High Court · 2006-05-16Read full judgment →
• Arbab and 2 otherss vs The State2006 P Cr. L J 494 · Sindh High Court · 2005-12-20
  pre-arrest bailconcealment of factsabuse of processabscondencenon-bailable warrantssuccessive bail applications
  Summary & questions settled

  This matter concerns criminal bail applications filed by the applicants seeking pre-arrest bail in connection with an F.I.R. registered for alleged offences. The core legal question was whether the applicants were entitled to the concession of pre-arrest bail despite having concealed the filing of a prior bail application before another bench of the High Court and having failed to appear before the trial court after obtaining ad interim bail. The High Court held that the applicants were not entitled to bail. The court determined that the applicants had abused the process of the court by suppressing material facts regarding the pendency and withdrawal of previous bail applications. Furthermore, the court emphasized that obtaining ad interim bail imposes a duty on the accused to appear before the trial court, and failure to do so, resulting in the issuance of non-bailable warrants, constitutes deliberate abscondence. Consequently, the court laid down the principle that concealment of material facts and subsequent abscondence after obtaining interim relief disentitles an accused from the discretionary relief of pre-arrest bail.

  Questions settled

  • Does the concealment of a prior bail application in a subsequent bail petition constitute an abuse of the process of the court?
  • Can an accused who absconds after obtaining ad interim bail be granted confirmation of pre-arrest bail?
  • Is an accused required to appear before the trial court after obtaining ad interim bail from the High Court?
  Read full judgment →
• Arbab and 2 others vs StatePLJ 2006 Cr.C. (Karachi) 616 · Sindh High Court · 2005-12-20
  pre-arrest bailconcealment of factssuccessive bail applicationsabscondanceabuse of processprotective bail
  Summary & questions settled

  Criminal bail applications were filed before the Sindh High Court seeking pre-arrest bail arising out of an FIR registered under allegations of abduction and unlawful marriage. The core legal questions involved whether pre-arrest bail should be granted or maintained when the applicants have concealed the factum of filing an earlier bail application before another bench of the same Court and have abused the process of law by absconding and failing to appear before the trial court after obtaining ad-interim bail. The Court held that the applicants' conduct in concealing material facts and absconding from the trial court disentitles them to the extraordinary concession of pre-arrest bail. The key principles laid down are that an accused seeking equitable relief of pre-arrest bail must approach the court with clean hands without concealing prior proceedings, and that deliberate abscondance and non-appearance before the trial court after obtaining ad-interim protection warrants the dismissal of bail applications.

  Questions settled

  • Does the concealment of an earlier bail application before another bench disentitle an accused to pre-arrest bail?
  • What is the effect of absconding and failing to appear before the trial court after obtaining ad-interim pre-arrest bail?
  • Can an accused who misuses the concession of ad-interim bail by avoiding trial court proceedings claim equitable relief from the High Court?
  Read full judgment →
• Arbab alias Qasim vs The State2006 MLD 1846 · Sindh High Court · 2006-07-26
  post-arrest bailstatutory hardshipdelay in trialfundamental rightsfair trial
  Summary & questions settled

  The applicant filed a post-arrest bail application in Crime No. 14 of 2005 registered at Police Station Geehalpur, seeking bail on the ground of statutory hardship due to protracted incarceration without material progress in the trial. The core legal question was whether the applicant was entitled to bail on the ground of delay in the conclusion of the trial when the delay could not be attributed solely to the accused. The Sindh High Court held that the applicant was entitled to bail as the delay was caused by non-production of the accused by jail authorities, adjournments sought by the complainant, heavy caseload of the trial court, and judicial engagements, rather than dilatory tactics by the accused. The court laid down the principle that an accused cannot be penalized for the failure of the prosecution and the state machinery to conclude the trial within a reasonable time, as a fair and efficacious trial is a fundamental right of all citizens of Pakistan.

  Questions settled

  • Can an accused be granted bail on the ground of hardship when the trial has been delayed due to non-production of the accused and administrative constraints of the court?
  • Does prolonged incarceration without significant progress in the trial entitle an accused to post-arrest bail?
  • Can an accused be penalized for delays caused by the prosecution, complainant, or trial court's heavy caseload?
  Read full judgment →
• Arbab Ali and otherss vs The State2006 YLR 3268 · Sindh High Court · 2006-01-10
  post-arrest baildelayed FIRabductionZinafurther inquirycriminal procedure
  Summary & questions settled

  This matter concerns a bail application filed by applicants Arbab Ali and Rano, who were accused of offences under the Offence of Zina (Enforcement of Hudood) Ordinance, 1979, and the Pakistan Penal Code 1860, following an FIR lodged fourteen days after the alleged incident of abduction. The core legal question was whether the applicants were entitled to post-arrest bail given the circumstances of the case, specifically the delayed FIR and the statement of the abductee. The Court held that the applicants should be enlarged on bail. The ratio of the decision rests on the significant delay in lodging the FIR and the statement recorded by the abductee under Section 164 of the Code of Criminal Procedure 1898, which contradicted the initial allegations regarding the intent to commit Zina. The Court determined that the case required further inquiry, particularly as the specific allegation of attempted Zina was not attributed to the applicants, and the maximum punishment for the remaining charge of abduction was seven years imprisonment. Consequently, the applicants were granted bail subject to furnishing surety.

  Questions settled

  • Does a significant delay in lodging an FIR justify the grant of bail to the accused?
  • Can bail be granted when the statement of the abductee recorded under Section 164 of the Code of Criminal Procedure 1898 contradicts the allegations in the FIR?
  • Is the absence of specific allegations of Zina against certain applicants a ground for further inquiry and bail?
  Read full judgment →
• Arab and 10 others vs The State2006 MLD 401 · Sindh High Court · 2005-10-17
  post-arrest bailcriminal investigationgeneral allegationsexaggeration in prosecution versioncognizance of offenceSection 164 statement
  Summary & questions settled

  This matter concerns two bail applications filed by accused persons involved in Crime No. 29 of 2005, registered at Police Station Sehwan, involving allegations of assault with hard and blunt substances resulting in multiple injuries and one fatality. The core legal question was whether the accused were entitled to post-arrest bail given the discrepancies between the F.I.R. and subsequent investigative findings. The court noted that while the F.I.R. nominated 23 assailants, the investigating officer initially declared 8 as innocent, though the Magistrate later took cognizance against all 23. Furthermore, while initial statements under Section 161 of the Code of Criminal Procedure 1898 assigned specific roles, subsequent statements under Section 164 of the Code of Criminal Procedure 1898 contained only general allegations. The court held that the possibility of exaggeration in the prosecution's version could not be excluded. Consequently, the court granted bail to the applicants, emphasizing that where investigative inconsistency exists and specific roles are diluted in later statements, the accused are entitled to the benefit of the doubt at the bail stage.

  Questions settled

  • Can a court grant bail when the prosecution version appears exaggerated due to discrepancies between initial and subsequent witness statements?
  • Does the Magistrate have the authority to take cognizance against accused persons whom the police report declared innocent?
  • Is bail appropriate when specific roles assigned in initial statements are replaced by general allegations in subsequent statements?
  Read full judgment →
• Anwarul Huda and anothers vs Fahimul Huda and anothers2006 PLD Karachi 155 · Sindh High Court · 2005-11-29Read full judgment →
• Anwarul Huda and another vs Fahimul Huda and another2006 PLJ Karachi 309 · Sindh High Court · 2005-11-29Read full judgment →
• Anwar Ali vs The State2006 YLR 3194 · Sindh High Court · 2006-08-16
  attempted murderbenefit of the doubtinterested witnessesenmityappellant convictioncontradictory medical evidencecriminal appeal
  Summary & questions settled

  This criminal appeal challenges the conviction of the appellant under Section 324 of the Pakistan Penal Code 1860, handed down by the trial court. The core legal question revolves around whether the prosecution successfully established the charge of attempted murder and causing hurt through ocular testimony and circumstantial evidence, notwithstanding admitted deep-seated enmity and discrepancies in the statements of related witnesses. The Sindh High Court held that the prosecution failed to substantiate the charge under Section 324, P.P.C., as no firearm injuries were sustained by anyone and no empty cartridge cases were recovered from the scene. Furthermore, the interested nature of the witnesses, concealment of their inter se relationship, and the severe injuries sustained by the appellant strongly pointed toward false implication arising from prior enmity. The court established that where ocular testimony lacks corroboration from circumstantial or medical evidence and is given by highly inimical and interested witnesses, the accused is entitled to the benefit of the doubt. Consequently, the appeal was allowed and the conviction set aside.

  Questions settled

  • Is an accused entitled to the benefit of the doubt when the prosecution witnesses are closely related, inimical, and conceal their inter se relationship?
  • Does the absence of firearm injuries and empty cartridge cases vitiate a charge under Section 324 of the Pakistan Penal Code 1860?
  • Can a conviction for hurt or attempted murder be sustained solely on uncorroborated ocular testimony that contradicts medical evidence?
  Read full judgment →
• Anjuman Jamiat-Ul- Ikhwan vs Karachi Building Control Authority2006 YLR 1395 · Sindh High Court · 2006-02-03
  estoppel of tenantlandlord-tenant relationshipregularization of propertyadverse possessionconstitutional petitionallotment cancellationproperty rights
  Summary & questions settled

  This constitutional petition challenges the regularization of property in favor of tenants by the Karachi Building Control Authority, despite the petitioner being the original allottee. The core legal question is whether tenants, having admitted the landlord-tenant relationship in previous litigation, can subsequently deny the landlord's title and claim ownership through administrative regularization. The Court allowed the petition, declaring the regularization of the property in favor of the tenants illegal and void. The Court held that under Article 115 of the Qanun-e-Shahadat, 1984, a tenant is strictly estopped from denying the title of the landlord who placed them in possession. Furthermore, a party cannot resile from a status, such as a landlord-tenant relationship, previously admitted in judicial proceedings. The Court affirmed that tenants cannot claim adverse possession against their landlord, and any administrative regularization of property in favor of tenants without notice to the original allottee, who remains the recorded owner, is legally unsustainable and violates the principles of natural justice.

  Questions settled

  • Can a tenant deny the title of the landlord who put them in possession of the property?
  • Is a tenant permitted to claim adverse possession against their landlord?
  • Does the principle of estoppel prevent a tenant from challenging the landlord's title after admitting the tenancy in previous judicial proceedings?
  • Can a government authority regularize property in favor of a tenant without providing notice or an opportunity of hearing to the original allottee?
  Read full judgment →
• Amir Bux and otherss vs The STATEs2006 YLR 3188 · Sindh High Court · 2006-08-24
  criminal appealocular testimonyfootprint evidenceballistic expert reportunlicensed armsidentification paraderecovery of weaponscriminal procedure
  Summary & questions settled

  This matter concerns criminal appeals against convictions for murder, robbery, and possession of unlicensed arms. The core legal questions involved whether the prosecution successfully established the appellants' guilt through ocular testimony, footprint tracking, and forensic recoveries. The Sindh High Court held that the prosecution failed to prove the charges of murder, robbery, and attempted murder, as the eyewitnesses did not identify the appellants, the footprint evidence was unreliable and uncorroborated, and the crime scene evidence (bullet casings) was rendered inadmissible due to a failure to seal the items at the scene. Consequently, the Court set aside the convictions under the Pakistan Penal Code. However, the Court maintained the convictions for the possession of unlicensed weapons under the Pakistan Arms Ordinance, 1965, as the recovery evidence remained unchallenged. The judgment reaffirms that identification tests are merely corroborative, footprint tracking is weak evidence, and procedural lapses in securing crime scene evidence undermine the reliability of forensic reports, thereby failing to meet the burden of proof required for major criminal charges.

  Questions settled

  • Does the failure to seal crime scene evidence at the time of recovery render a subsequent ballistic expert report inadmissible?
  • Can a conviction for murder and robbery be sustained solely on the basis of footprint evidence?
  • Is an identification test considered substantive evidence or merely corroborative evidence in a criminal trial?
  • Does the failure to challenge the recovery of unlicensed weapons during cross-examination justify a conviction under the Pakistan Arms Ordinance, 1965?
  Read full judgment →
• Amir Bux alias Naeem vs Haji Abdullah and 5 otherss2006 YLR 3187 · Sindh High Court · 2006-06-22
  illegal confinementpolice high-handednessregistration of FIRmissing personcriminal miscellaneous application
  Summary & questions settled

  This criminal miscellaneous application arises out of a habeas corpus or related matter concerning the whereabouts of a missing lady, Mst. Bibi Kulsoom. The core legal question involved the accountability of local law enforcement regarding the production of the detained person and allegations of illegal confinement of private respondents at the police station by the Station House Officer. The Sindh High Court held that the S.H.O. had produced a baseless report and was complicit in keeping persons in illegal custody, directing the Sessions Judge to register a First Information Report against the delinquent S.H.O. and supervise the investigation. Furthermore, the father of the missing lady was directed to appear at the police station for the registration of an F.I.R., to be investigated by an independent officer not below the rank of Inspector. The application was disposed of accordingly.

  Questions settled

  • Whether a Sessions Judge can be directed to get an FIR registered against a delinquent police officer found keeping persons in illegal custody?
  • How should an investigation be handled when an SHO produces a baseless report regarding a missing person and is implicated in illegal detention?
  • What procedure is to be followed when there are counter-versions and no clue regarding the whereabouts of a missing person?
  Read full judgment →
• Amanullah Khan and anothers vs Returning Officer and 3 otherss2006 YLR 2253(1) · Sindh High Court · 2005-08-12Read full judgment →
• Amanullah Khan and another vs Returning Officer UC Naushahro Abro, Ilnd2006 C.L.R. 872 · Sindh High Court · 2005-08-12Read full judgment →
• Amanullah Khan and another vs Returning Officer UC Naushahro Abro, Ilnd2006 C.L.R. 721 · Sindh High Court · 2005-08-12Read full judgment →
• Almadina Electric Store, Daharki, through Proprietor vs Habib Bank2006 CLD 734 · Sindh High Court · 2006-02-16
  Banking appealleave to defendrecovery suitloan disbursementnatural justiceadmissibility of documentsremand
  Summary & questions settled

  This bank appeal arose from the judgment and decree passed by Banking Court No. 1, Sukkur, which dismissed the appellant's application for leave to defend in a recovery suit filed under the Banking Companies Act, 1997. The appellant contended that although loan documents were executed, the loan was never disbursed to him but was instead paid to a third party by the then Bank Manager. After arguments on the leave to defend application were concluded and the matter was reserved for orders, the respondent bank filed photocopies of two documents without notice to the appellant. The Banking Court relied on those documents to dismiss the leave to defend application and decree the suit. The High Court observed that relying on documents submitted post-arguments without notice or opportunity of rebuttal violates the Qanun-e-Shahadat Order 1984 and renders the judgment a nullity. Finding substantial factual controversies regarding loan disbursement, the High Court set aside the impugned judgment and decree, remanding the matter for fresh decision.

  Questions settled

  • Can a Banking Court rely on documents filed after arguments on a leave to defend application are concluded without providing the defendant notice or an opportunity to rebut?
  • Does reliance on unproved photocopies of documents without following the procedure under the Qanun-e-Shahadat Order 1984 render a judgment a nullity?
  • Whether serious allegations of non-disbursement of loan funds raise triable issues necessitating the grant of leave to defend?
  Read full judgment →
• Allied Bank of Pakistan Ltd. through its Two Attorneys vs Muhammad2006 PLJ Karachi 50 · Sindh High Court
  misconductdismissal from servicegrievance noticequantum of punishmentlabour court jurisdictionembezzlementindustrial relations
  Summary & questions settled

  This appeal arises from an order of the Labour Court, which reinstated a bank employee dismissed for misconduct involving the embezzlement of funds. The core legal questions concerned the validity of the respondent's grievance notice and whether the Labour Court possessed the jurisdiction to interfere with the employer's discretion in determining the quantum of punishment for proven misconduct. The High Court held that the grievance notice was invalid because it was not addressed to the competent appointing authority, as required by law. Furthermore, the Court ruled that once misconduct—specifically theft, fraud, and dishonesty—is proven, the employer retains the sole discretion to determine the appropriate punishment, provided it remains within statutory limits. The Labour Court lacks the jurisdiction to substitute its own judgment for that of the employer regarding the severity of the penalty. Consequently, the High Court set aside the Labour Court's order, affirming that the return of embezzled funds does not absolve an employee of the misconduct committed, nor does it mitigate the employer's disciplinary authority.

  Questions settled

  • Is a grievance notice addressed to an authority other than the appointing authority valid under Section 25-A of the Industrial Relations Ordinance 1969?
  • Does the return of embezzled funds by an employee absolve them of the charge of misconduct?
  • Does a Labour Court have the jurisdiction to interfere with the quantum of punishment determined by an employer for proven misconduct?
  Read full judgment →
• Allied Bank of Pakistan Limited vs Northern Polyethylene Limited and others2006 CLD 565 · Sindh High Court · 2005-12-06Read full judgment →
• Allied Bank of Pakistan Limited through Attorneys and 2 others vs Muhammad Bashir Khan Labour2006 PLC 39 · Sindh High Court · 2005-06-02
  bank employee misconductdismissal from servicegrievance noticeindustrial relationsquantum of punishmentembezzlementemployer discretion
  Summary & questions settled

  This appeal under section 47(3) of the Industrial Relations Ordinance, 2002, challenged a Labour Court order reinstating a bank cashier dismissed for embezzlement. The core legal questions concerned the validity of the grievance notice and the Labour Court's authority to interfere with the employer's disciplinary discretion. The High Court held that the respondent’s guilt regarding theft, fraud, and dishonesty was established by his admission and the deliberate manipulation of cash packets. Consequently, the Labour Court erred in substituting the dismissal with a lesser penalty. The Court affirmed that the employer possesses sole discretion to determine the quantum of punishment for proven misconduct, provided it remains within legal limits. Furthermore, the Court established that restitution of embezzled funds does not absolve an employee of misconduct, and a grievance notice under section 25-A of the Industrial Relations Ordinance, 1969, must be addressed to the competent appointing authority to be valid. The appeal was allowed, and the dismissal was upheld.

  Questions settled

  • Can a Labour Court interfere with the quantum of punishment determined by an employer for proven misconduct?
  • Does the restitution of embezzled funds absolve a bank employee of the charge of misconduct?
  • Is a grievance notice addressed to an authority other than the competent appointing authority valid under section 25-A of the Industrial Relations Ordinance 1969?
  Read full judgment →
• Allied Bank Ltd through Attorneys vs Asif Aziz Memon2006 PLC 448 · Sindh High Court · 2006-01-27
  civil revisioncross-examinationadmissibility of documentsworkman statuslabour grievancepleadingsindustrial relations
  Summary & questions settled

  This civil revision application arose from a dispute regarding the admissibility of documents during the cross-examination of a respondent in a labour grievance petition. The petitioner, Allied Bank Ltd, challenged the respondent's status as a 'workman' under the Industrial Relations Ordinance, arguing that his duties were supervisory and administrative rather than manual or clerical. During the trial, the petitioner attempted to confront the respondent with documents pertaining to his job description to substantiate this defense. The trial court disallowed the production of these documents on the basis that they were not filed alongside the written statement. The High Court held that the trial court's decision was unsustainable. It emphasized that while Order VI Rule 2 of the Code of Civil Procedure 1908 requires material facts to be pleaded, it does not preclude the use of documents to confront a witness during cross-examination to prove those pleaded facts. The Court ruled that such documents should be taken on record, with any objections regarding their production noted for consideration at the final trial stage. The revision was allowed accordingly.

  Questions settled

  • Can a party confront a witness with documents during cross-examination if those documents were not filed with the written statement?
  • Is the production of documents for the purpose of confronting a witness permissible even if they were not initially submitted with the pleadings?
  • Should a trial court allow documents to be taken on record during cross-examination subject to objections regarding their production?
  Read full judgment →
• Allam Khan vs The State2006 YLR 1378 · Sindh High Court · 2006-02-23Read full judgment →
• Allah Jurio vs The State2006 YLR 3200 · Sindh High Court · 2006-08-15
  criminal appealocular testimonybenefit of doubtmedical evidenceidentificationmurdercontradictory evidence
  Summary & questions settled

  This criminal appeal challenges the conviction of the appellant for murder under Section 302(b) of the Pakistan Penal Code 1860. The core legal question was whether the prosecution established the appellant's guilt beyond reasonable doubt based on ocular testimony, despite discrepancies regarding the source of light and the nature of the injuries. The High Court allowed the appeal and acquitted the appellant, holding that the prosecution's case was highly doubtful. The court found that the Investigating Officer’s testimony contradicted the prosecution witnesses’ claim regarding the presence of an electric bulb at the scene, thereby undermining the identification of the accused. Additionally, the court noted a material conflict between the oral evidence, which alleged firing from mousers, and the medical evidence, which confirmed injuries consistent with pellets from a gun. Relying on the established principle that every doubt arising from the evidence must be extended in favor of the accused, the court concluded that the conviction could not be sustained due to these material discrepancies and the possibility of false implication.

  Questions settled

  • Does a contradiction between the Investigating Officer and prosecution witnesses regarding the source of light at the scene of the crime entitle the accused to the benefit of doubt?
  • When ocular testimony regarding the weapon used is contradicted by medical evidence of the injuries sustained, can the conviction be maintained?
  • Is an accused entitled to acquittal when material discrepancies exist between the oral testimony and the medical report?
  Read full judgment →
• Allah Dino vs Haji Ahmed through Legal Heirs and 3 others2006 PLJ Karachi 302 · Sindh High Court · 2005-12-02Read full judgment →
• All Bright Career Educational Society (Registered) vs Government of Sindh2006 C.L.R. 1384 · Sindh High Court · 2004-09-28Read full judgment →
• Ali Muzaffar through L.Rs vs Syed Muhammad Ali Abedi through L.Rs. and others2006 CLC 379 · Sindh High Court · 2005-12-19
  constitutional jurisdictionejectmentbona fide personal needdefault in rentre-appreciation of evidencerent controllerjurisdictional error
  Summary & questions settled

  This constitutional petition challenged the concurrent findings of the Rent Controller and the Appellate Court, which ordered the ejectment of the petitioners from two shops on grounds of personal bona fide need, default in rent payment, and unauthorized structural alterations. The petitioners argued that the landlord's personal need had dissipated due to the death of the original landlord and the migration of his daughter, for whom the premises were sought. They further contended that the rent was not in default and that structural changes were made with consent. The High Court dismissed the petition, holding that constitutional jurisdiction under Article 199 is not a substitute for a second appeal or revision and cannot be used for the re-appreciation of evidence. The Court affirmed that findings of fact by lower courts, absent jurisdictional error, perversity, or violation of law, are final. The Court established that once a landlord proves bona fide need at the time of filing, subsequent delays caused by the tenant do not negate that need, and depositing rent with the Rent Controller without first offering it to the landlord constitutes default.

  Questions settled

  • Can the High Court re-appreciate evidence or re-examine findings of fact in a constitutional petition against an appellate rent order?
  • Does the death of a landlord or the subsequent migration of a beneficiary during the pendency of litigation automatically negate the established bona fide personal need?
  • Does depositing rent with the Rent Controller without first offering it to the landlord constitute a default in payment of rent?
  • Under what circumstances can a constitutional petition be entertained against the concurrent findings of the Rent Controller and the Appellate Court?
  Read full judgment →
• Ali Khan and anothers vs The State2006 YLR 3119 · Sindh High Court · 2006-07-31
  post-arrest bailidentification paraderobberynon-nomination in FIRlack of recoveryOffences Against Property (Enforcement of Hudood) Ordinance
  Summary & questions settled

  This criminal bail application arises out of Crime No. 9 of 2006 registered at Police Station Lakhi Gate, Shikarpur, under section 17(3) of the Offences Against Property (Enforcement of Hudood) Ordinance, 1979, concerning allegations of house trespass and robbery of gold, cash, and prize bonds. The core legal question was whether the applicants were entitled to post-arrest bail considering their non-nomination in the FIR, the absence of names of identification dummies in the mashirnama, and the lack of any recovery from them. The Sindh High Court held that the applicants made out a case for further inquiry and admitted them to bail. The key principle laid down is that where an accused is not named in the FIR, no recovery is effected, and doubts exist regarding the identification parade procedures and the applicability of penal provisions without supporting eyewitness accounts, the accused becomes entitled to the concession of post-arrest bail.

  Questions settled

  • Whether an accused not named in the FIR is entitled to bail when no recovery is effected from him?
  • Does the failure to mention the names of dummies in the mashirnama of an identification parade affect the case for bail?
  • Whether bail can be granted when the applicability of section 17(3) of the Offences Against Property (Enforcement of Hudood) Ordinance, 1979 requires further inquiry in the absence of eyewitnesses?
  Read full judgment →
• Ali Imran vs The State2006 P Cr. L J 154 · Sindh High Court · 2005-09-27
  post-arrest bailrobberyidentification testrecovery of stolen propertyfurther inquirycriminal procedure
  Summary & questions settled

  This is a post-arrest bail application arising from a criminal case registered in respect of an armed robbery at a shop in Karachi, where two unknown persons allegedly stole cash and mobile accessories. The core legal question was whether the applicant was entitled to bail under the Code of Criminal Procedure when the sole incriminating evidence consisted of recovered mobile cards that had not been subjected to a proper identification test. The Sindh High Court held that in the absence of an identification parade of the accused and proper identification of the recovered items connecting the accused to the crime, the case fell within the scope of further inquiry under subsection (2) of Section 497 of the Code of Criminal Procedure 1898. Consequently, the court granted bail to the applicant subject to furnishing solvent surety. The key principle laid down is that where the primary evidence against an accused is unverified recovery requiring further connection to the crime, and no identification test is conducted, the accused makes out a case for further inquiry warranting the grant of bail.

  Questions settled

  • Whether an accused is entitled to post-arrest bail when the sole piece of evidence against him is a recovery that has not been subjected to identification?
  • Does the lack of an identification parade for unidentified culprits and recovered items bring a case within the purview of further inquiry under Section 497(2) of the Code of Criminal Procedure 1898?
  Read full judgment →
• Ali Hassan and anothers vs The State2006 P Cr. L J 403 · Sindh High Court · 2005-11-02
  post-arrest bailfurther inquiryabetmentmurderdirect evidencecriminal procedure
  Summary & questions settled

  This matter concerns a bail application filed by two accused persons, Ali Hassan and Mumtaz Ali Meno, who were implicated in a murder case. The core legal question was whether there existed reasonable grounds to believe the applicants were guilty of abetment in the commission of the murder, thereby justifying their continued detention. The prosecution alleged that the deceased was killed while in police custody, and the complainant suspected the applicants of instigating or facilitating the crime. Upon review, the Court found that applicant Ali Hassan was confined in prison at the time of the incident, and there was no direct evidence linking him to the crime beyond mere suspicion. Similarly, regarding applicant Mumtaz Ali, the Court noted an absence of direct evidence of his involvement, observing that the police had actually apprehended another suspect at the scene. Consequently, the Court held that the case against the applicants required further inquiry. The Court granted bail, establishing the principle that where direct evidence is absent and the case rests on suspicion, further inquiry is warranted under the law.

  Questions settled

  • Does the absence of direct evidence against an accused person charged with abetment justify the grant of bail pending further inquiry?
  • Can an accused person be denied bail based solely on the suspicion of the complainant party when no direct evidence is present?
  Read full judgment →
• Ali Gul vs The State2006 YLR 2246 · Sindh High Court · 2002-10-08
  post-arrest bailfurther inquiryrecovery witnessrobberycriminal liabilitybail application
  Summary & questions settled

  This bail application arises from a criminal case where the applicant, Ali Gul, sought post-arrest bail after the trial court rejected his initial request. The applicant was charged under Sections 392, 337-A(II), and 337-F(I) of the Pakistan Penal Code 1860, along with Sections 6 and 7 of the Anti-Terrorism Act 1997, following an alleged incident of robbery and assault. The core legal question was whether the applicant was entitled to bail given the circumstances of his arrest and the evidence presented. The Court observed that while the applicant was named in the F.I.R., no specific role in the commission of the crime was attributed to him. Furthermore, the recovery of the weapon from the applicant was witnessed only by police officials, not by the complainant or his cousin present at the scene. Given that the other alleged perpetrators escaped despite police presence, the Court held that the case required further inquiry. Consequently, the Court granted bail to the applicant, establishing the principle that the absence of a specific role attribution and the lack of independent witnesses for recovery can justify bail in cases of further inquiry.

  Questions settled

  • Does the absence of a specific role assigned to an accused in an F.I.R. constitute grounds for further inquiry in a bail application?
  • Can bail be granted when the recovery of an incriminating weapon is witnessed only by police officials rather than independent witnesses?
  • Is an accused entitled to bail when the prosecution's case relies on circumstances that appear questionable or require further investigation?
  Read full judgment →
• Ali Bright Career Educational Soceity (Registered) vs Government of Sindh and otherss2006 YLR 3203 · Sindh High Court · 2004-09-28Read full judgment →
• Ali Baad Khan and anothers vs The State2006 YLR 256 · Sindh High Court · 2005-05-31
  pre-arrest bailpost-arrest bailcancellation of bailrule of consistencymurderinadmissible evidenceabettorcriminal conspiracy
  Summary & questions settled

  This matter concerns two bail applications: one for pre-arrest bail by Ali Baad Khan and another for post-arrest bail by Missal Khan, both accused in a murder case registered under Section 302/34 of the Pakistan Penal Code 1860. The core legal question was whether the applicants were entitled to bail given the lack of specific evidence, the inadmissibility of co-accused statements, and the propriety of the trial court’s order cancelling bail for one applicant. The Sindh High Court held that the applicants were entitled to bail, noting that their names were absent from the FIR, no identification parade was conducted, and the prosecution’s reliance on co-accused statements was legally inadmissible under the Qanun-e-Shahadat Order 1984. Furthermore, the court found the trial court’s cancellation of bail based on alleged witness threats and absence was unsupported by evidence and procedurally flawed. The court affirmed that a conspirator or abettor not present at the scene stands on a lower footing than an active participant, and applied the rule of consistency to grant relief to both applicants.

  Questions settled

  • Can bail be cancelled based on allegations of witness intimidation without documented proof?
  • Is a statement made by a co-accused before the police admissible evidence against another accused?
  • Does the rule of consistency apply to co-accused persons in bail matters?
  • Is the presence of an accused mandatory during the announcement of an order on a bail application?
  Read full judgment →
• Ali Asghar Shah vs The State2006 PLD Karachi 162 · Sindh High Court · 2005-11-17
  undertrial prisonerbetter classprison classificationeducational qualificationcriminal revisionPakistan Prisons Rules
  Summary & questions settled

  This Criminal Revision Application challenges the order of the Anti-Terrorism Court, which rejected the applicant's request for 'better class' status in jail. The applicant, an undertrial prisoner, sought this classification based on his educational qualification of being a graduate. The core legal question was whether the trial court correctly denied the better class status by emphasizing the applicant's lack of social status and financial standing over his educational attainment. The High Court held that the trial court's order was misdirected and misconceived. The Court clarified that under Rule 248 of the Pakistan Prisons Rules, classification is determined by social status, education, or habits of life. The Court emphasized that in an Islamic Republic, education should be prioritized over financial status. It established that graduation is a sufficient educational qualification for the grant of better class, drawing an analogy to the educational requirements for parliamentary eligibility. Consequently, the High Court set aside the impugned order and directed that the applicant be granted better class status in prison.

  Questions settled

  • Does the possession of a graduation degree satisfy the educational criteria for an undertrial prisoner to be granted 'better class' status in jail?
  • Can an application for 'better class' status be rejected solely on the grounds of an applicant's lack of social status or financial income?
  • Which rule governs the classification of undertrial prisoners in Pakistani jails?
  Read full judgment →
• Alam Khan and 5 others vs StatePLJ 2006 Cr.C. (Karachi) 108 · Sindh High Court · 2005-07-04
  criminal transfer applicationadministrative ordertransfer of sessions caseexpeditious trialjurisdiction of sessions judge
  Summary & questions settled

  This is a criminal transfer application directed against an administrative order passed by the District and Sessions Judge transferring a sessions case from one additional sessions judge to another for expeditious trial within the judicial complex, as custody of the accused was not being produced and trial was delayed. The core legal question was whether the District and Sessions Judge lacked jurisdiction to transfer the case on a reference made by the trial judge because earlier transfer applications filed by the applicants had been dismissed by the sessions court and the High Court. The court held that the dismissal of earlier transfer applications on different grounds did not bar the trial judge from making a reference or the Sessions Judge from exercising administrative powers to transfer the case for expeditious disposal, especially when no prejudice was shown. The key principle laid down is that administrative transfer of a case for expeditious trial on grounds of institutional convenience and production of custody is permissible and distinct from judicial transfer applications on merits.

  Questions settled

  • Whether a District and Sessions Judge has jurisdiction to transfer a case on a reference by the trial judge after earlier transfer applications filed by the accused have been dismissed?
  • Does an administrative transfer of a case to a court within a judicial complex for expeditious trial require prior notice to the accused?
  • Whether the dismissal of a transfer application on specific grounds bars a subsequent administrative reference based on different grounds relating to trial logistics?
  Read full judgment →
• Alabbas Sugar Mills Limited vs Managing Director, Karachi Water an 3 Sewerage Board and 2 others2006 CLD 674 · Sindh High Court · 2005-11-22
  constitutional petitionwrit of mandamusaward of contracttransparencyjudicial reviewtender evaluation
  Summary & questions settled

  This constitutional petition was filed before the Sindh High Court seeking to restrain respondents from awarding an independent power plant contract to a third party, to declare the Letter of Intent unlawful, and to direct respondents to call a post-bid meeting. The core legal question was whether a writ of mandamus is maintainable against a public functionary's award of a contract, and whether the failure to hold a post-bid meeting under procedural guidelines vitiates the contract award. The court held that while a constitutional petition is maintainable to challenge a contract award lacking transparency or involving arbitrary state action under Article 199 of the Constitution of Pakistan 1973, the guidelines in question were directory rather than mandatory, and the evaluation by technical experts like NESPAK negated any claim of arbitrariness. The court established the principle that superior courts can exercise judicial review over public contracts for lack of transparency, but will not interfere with expert evaluations based on directory procedural terms.

  Questions settled

  • Is a constitutional petition maintainable to challenge the award of a contract by a public functionary?
  • Does the failure to hold a post-bid meeting vitiate the award of a contract under directory guidelines?
  • Can the superior courts interfere with the technical evaluation of bids conducted by expert consultants in a petition for a writ of mandamus?
  Read full judgment →
• Al-Rehman Falahi Society through General Secretary vs Government of Sindh through Secretary, House and Town Planning, Karachi and another2006 PLD Karachi 14 · Sindh High Court · 2005-09-14Read full judgment →
• Akthar Hussain and others vs StatePLJ 2006 Cr.C. (Karachi) 1143 · Sindh High Court · 2005-04-06
  quashing of proceedingsinterim reportfinal reportcognizance of offencetransfer of investigationcommitment of caseinherent powers
  Summary & questions settled

  This criminal miscellaneous application under Section 561-A of the Code of Criminal Procedure 1898 arose from concurrent orders passed by lower courts concerning the submission of a final police report under Section 173 of the Code of Criminal Procedure 1898 and the transfer of a case to the Court of Session. The core legal questions involved the legality of submitting a final investigation report after cognizance had already been taken on an interim report, the validity of further investigation without a transfer order under the Police Order 2002, and the power of a magistrate to commit a case to the Sessions Court. The Sindh High Court held that the submission of a final report following an interim report is permissible under the Code of Criminal Procedure 1898, that further investigation by police does not automatically vitiate proceedings, and that a magistrate is empowered to commit a case to the Court of Session at any stage of proceedings. The application was accordingly dismissed, upholding the lower appellate court's order.

  Questions settled

  • Whether a final report under Section 173 of the Code of Criminal Procedure 1898 can be submitted after the magistrate has already taken cognizance on an interim report?
  • Does further investigation by a police officer after the submission of an interim report violate the Police Order 2002 if no formal transfer order is issued by a police board?
  • Can a magistrate commit a case to the Court of Session without recording evidence during the trial under Section 347 of the Code of Criminal Procedure 1898?
  Read full judgment →
• Akhund Jawaid Akhtar Siddiqui vs The State2006 YLR 387 · Sindh High Court · 2005-10-04
  pre-arrest bailprotective bailinterim bailbail pending trialcriminal procedure
  Summary & questions settled

  This matter concerns an application filed under Section 498 of the Code of Criminal Procedure 1898, seeking pre-arrest bail in connection with a criminal case registered at Police Station Sekhat, District Matiari. The applicant approached the High Court because his pre-arrest bail application, previously filed before the trial court, remained pending and undecided, creating an apprehension of arrest that would frustrate his legal remedies. The core legal question was whether the High Court could grant interim protective bail to an applicant whose substantive bail application was already pending before the trial court, pending the final disposal of that application. The High Court, without expressing any opinion on the merits of the case, held that it was appropriate to grant interim protective bail for a limited duration to allow the trial court sufficient time to adjudicate the pending application. The court established the principle that in circumstances where a trial court fails to timely dispose of a pre-arrest bail application, the High Court may grant interim protective bail to preserve the applicant's liberty until the trial court can decide the matter on its merits.

  Questions settled

  • Can the High Court grant interim protective bail when a pre-arrest bail application is already pending before the trial court?
  • Is it permissible for the High Court to grant protective bail without determining the merits of the underlying criminal case?
  • What is the appropriate remedy when a trial court fails to timely dispose of a pending pre-arrest bail application?
  Read full judgment →
• Akhtiar and anothers vs The State2006 P Cr. L J 828 · Sindh High Court · 2005-12-19
  post-arrest bailharaabahprohibitory clausedelay in FIRvicarious liabilityattempt to commit haraabah
  Summary & questions settled

  This criminal bail application arises from an order of the Sindh High Court dismissing the post-arrest bail petition of applicants accused of committing haraabah along with firearm and lathi injuries inflicted upon a police official. The core legal question involved whether the applicants made out a case for post-arrest bail given the delay in the FIR, attribution of the main firearm injury to an absconding co-accused, and an attempt-stage qualification. The court held that in cases of haraabah under the relevant Ordinance, every person concerned in the commission of the offence is responsible, and the attempt falls within the prohibitory clause of the Code of Criminal Procedure. The court laid down that delay in lodging an FIR is satisfactorily explained when priority is given to medical treatment of a grievously injured victim, and generalized vicarious responsibility applies under haraabah provisions.

  Questions settled

  • Whether delay in registering an FIR is sufficiently explained by prioritizing medical treatment for a grievously injured victim?
  • Does every person concerned in the commission of haraabah bear responsibility under section 15 of the Offences Against Property (Enforcement of Hudood) Ordinance 1979?
  • Whether an attempt to commit haraabah falls within the prohibitory clause of section 497 of the Code of Criminal Procedure 1898?
  Read full judgment →
• Akhtiar Ali vs The State2006 YLR 3140 · Sindh High Court · 2006-09-08Read full judgment →
• Akhtar Hussain and otherss vs The State2006 P Cr. L J 1209 · Sindh High Court · 2005-04-06
  cognizance of offenceinterim reportfinal reportSection 173 CrPCtransfer of investigationPolice Order 2002Section 347 CrPCinherent powers of High Court
  Summary & questions settled

  This criminal miscellaneous application challenges orders passed by the Judicial Magistrate and the Additional District and Sessions Judge regarding the cognizance of offences and the transfer of a case to the Sessions Court. The core legal questions were whether a Judicial Magistrate, having taken cognizance based on an interim report under Section 173, Code of Criminal Procedure 1898, could entertain a subsequent final report adding a more serious offence, and whether such further investigation violated the Police Order, 2002. The Court held that the submission of a final report after an interim report is permissible under the Code of Criminal Procedure 1898, and that the investigation remained valid as it was not a transfer of investigation requiring a board under the Police Order, 2002. Furthermore, the Court clarified that a Magistrate is empowered to commit a case to the Sessions Court at any stage of proceedings under Section 347, Code of Criminal Procedure 1898. The application was dismissed, affirming that the Magistrate's procedural actions were legally sound and did not warrant interference under the inherent powers of the High Court.

  Questions settled

  • Can a Judicial Magistrate take cognizance of an offence based on an interim report and subsequently entertain a final report under Section 173 of the Code of Criminal Procedure 1898?
  • Does the submission of a final report by a different officer within the same investigation wing constitute a transfer of investigation requiring a board under the Police Order 2002?
  • At what stage of proceedings can a Magistrate commit a case to the Sessions Court under Section 347 of the Code of Criminal Procedure 1898?
  Read full judgment →
• Akhlaq Ahmed vs The State2006 MLD 496 · Sindh High Court · 2005-12-05
  post-arrest bailcorruptionmisuse of powerrecovery of evidenceSection 103 Cr.P.C.public propertycriminal misconduct
  Summary & questions settled

  This matter concerns two bail applications filed by accused persons, Akhlaq Ahmed and Mohiuddin Sharif, facing charges of corruption, misconduct, and misuse of power while operating within the Karachi Building Control Authority. The core legal questions addressed were whether the alleged non-compliance with Section 103 of the Code of Criminal Procedure 1898 regarding the recovery of public files vitiated the prosecution's case, and whether the accused were entitled to bail on medical grounds. The Court rejected the bail applications, holding that non-compliance with Section 103 of the Code of Criminal Procedure 1898 does not ipso facto discard the existence of a recovery or render police testimony inadmissible. The Court emphasized that each case must be examined based on its own facts. Furthermore, the Court found that the prosecution established a prima facie case of unauthorized handling of government property and files, and the medical evidence presented did not demonstrate an illness of such severity to warrant bail. The Court concluded that the safety and security of public property cannot be overlooked on technical grounds.

  Questions settled

  • Does non-compliance with Section 103 of the Code of Criminal Procedure 1898 automatically invalidate a recovery of evidence?
  • Is the testimony of police officers inadmissible solely due to non-compliance with Section 103 of the Code of Criminal Procedure 1898?
  • Can bail be granted on medical grounds if the illness is not of a sufficiently serious nature?
  Read full judgment →
• Ahsan Ali vs The State2006 YLR 2351 · Sindh High Court · 2006-06-21
  post-arrest bailabscondenceproclamationidentification of accusedcriminal procedurebail confirmation
  Summary & questions settled

  This bail application arose from a criminal case where the applicant, Ahsan Ali, sought confirmation of interim bail in connection with an offence registered at Police Station, New Fojdari, Shikarpur. The core legal question was whether an accused who has absconded and faced proceedings under sections 87 and 88 of the Code of Criminal Procedure 1898 is automatically disentitled to bail, even when the prosecution's evidence against co-accused has proven insufficient. The Sindh High Court held that while abscondence generally impacts an accused's rights, it does not create an absolute bar to bail. The court observed that in the trial of co-accused, prosecution witnesses failed to identify or name any culprits, as the perpetrators had their faces muffled. Consequently, the court confirmed the applicant's bail. The key principle laid down is that where an accused is otherwise entitled to bail on the merits of the case, and their abscondence has not prejudiced the prosecution's case, the status of being a fugitive does not necessarily preclude the grant of bail.

  Questions settled

  • Does the status of an absconder automatically disentitle an accused from the grant of bail?
  • Can bail be granted to an accused who has faced proceedings under sections 87 and 88 of the Code of Criminal Procedure 1898?
  • Is an accused entitled to bail if the prosecution evidence against co-accused fails to identify the perpetrators?
  Read full judgment →
• Ahsan Ali vs Mst. Irfana and anothers2006 YLR 1575 · Sindh High Court · 2003-03-12Read full judgment →
• Ahsan Ali Shah vs Riaz Ahmed and anothers2006 P Cr. L J 1974 · Sindh High Court · 2006-08-08
  Section 145 Cr.P.C.civil court jurisdictionpossession disputepreventive actionbreach of peaceres judicata
  Summary & questions settled

  This criminal miscellaneous application challenged an order by the Additional Sessions Judge, Dadu, which had reversed a Judicial Magistrate's decision to hand over possession of a disputed property to the applicant. The core legal question was whether a Judicial Magistrate has jurisdiction to initiate proceedings under Section 145 of the Code of Criminal Procedure 1898 regarding a property dispute that has already been adjudicated by a Civil Court. The High Court held that once a Civil Court has seized the subject matter, determined possession, or issued an injunction, a Magistrate lacks jurisdiction to interfere via Section 145 proceedings, even if there is an apprehended breach of peace. The Court affirmed that in such instances, the Magistrate should instead utilize preventive measures under Sections 107 and 151 of the Code of Criminal Procedure 1898. The key principle laid down is that the jurisdiction of a Magistrate under Section 145 is ousted when the civil rights and possession of the property in question have already been determined by a competent Civil Court.

  Questions settled

  • Does a Judicial Magistrate have jurisdiction to pass an order under Section 145 of the Code of Criminal Procedure 1898 when the subject matter of the dispute has already been adjudicated by a Civil Court?
  • Can a Magistrate interfere with the possession of a property that is the subject of a pending or decided civil suit?
  • What is the appropriate legal recourse for a Magistrate to address an apprehended breach of peace regarding property already subject to civil litigation?
  Read full judgment →
• Ahmed Sultan and anothers vs The State2006 P Cr. L J 1393 · Sindh High Court · 2003-02-25
  post-arrest bailescape from police custodybailable offencecriminal procedureconcession of bail
  Summary & questions settled

  This is a criminal bail application before the Sindh High Court concerning two applicants facing police custody and escape allegations. The core legal question involves determining whether the alleged offence of escaping from police custody falls under a bailable provision of the law, thereby entitling the applicant to the concession of post-arrest bail. The court held that the application in respect of the first applicant, Ahmed Sultan, stood dismissed as not pressed, while the bail application for the second applicant, Hadi Bux, was granted after the Assistant Advocate-General conceded that the applicable offence is bailable under Section 225-B of the Pakistan Penal Code. The key principle laid down is that where an alleged offence is bailable and conceded by the state, the accused is entitled to bail as of right upon furnishing appropriate surety.

  Questions settled

  • Does the offence of escaping from police custody fall under a bailable provision of the Pakistan Penal Code?
  • Is an accused entitled to bail as of right when the state concedes that the alleged offence is bailable?
  Read full judgment →
• Ahmed Saeed Rizvi through L.Rs. vs Mst. Janna T Bibi through L.Rs2006 CLC 1848 · Sindh High Court · 2006-05-31Read full judgment →
• Ahmed Din and another vs The State2006 P Cr. L J 1174 · Sindh High Court · 2005-07-20
  criminal appealmurderbenefit of doubtocular testimonyballistic reportidentification paradeforensic evidence
  Summary & questions settled

  This criminal appeal challenges the conviction of the appellants for the murder of the deceased during an alleged attempted robbery. The core legal question is whether the prosecution established the guilt of the appellants beyond reasonable doubt, considering significant discrepancies between the ocular testimony, medical evidence, and the forensic reports. The court held that the prosecution's case was riddled with doubt. Specifically, the medical evidence contradicted the prosecution's timeline, the ocular testimony was inconsistent regarding the number of shots fired, and the forensic evidence (ballistic reports) was rendered unreliable due to an unexplained six-year delay in sending the crime-scene evidence for analysis. Furthermore, the court found the identification parade and the alleged recovery of the weapon to be insufficient to sustain a conviction in the absence of credible, corroborative evidence. Consequently, the court acquitted the appellants, emphasizing that when the prosecution's case is inherently doubtful, the benefit of the doubt must be extended to the accused, and conviction cannot be sustained on unreliable testimony.

  Questions settled

  • Does an unexplained, inordinate delay in sending crime-scene evidence to a forensic laboratory destroy the evidentiary value of the forensic report?
  • Can a conviction be sustained when the ocular testimony is contradicted by medical evidence regarding the nature and timing of injuries?
  • Is identification parade evidence sufficient to sustain a conviction if the underlying ocular testimony is found to be unreliable and untrustworthy?
  Read full judgment →
• Ahmed Din and another vs StatePLJ 2006 Cr.C. (Karachi) 1135 · Sindh High Court · 2005-07-20
  criminal appealmurderocular testimonyforensic evidencebenefit of doubtidentification paradeballistic expert reportmedical evidence
  Summary & questions settled

  This criminal appeal challenges the conviction of the appellants under Section 302, Pakistan Penal Code 1860, for the murder of the deceased during an alleged robbery attempt. The core legal questions concerned the reliability of ocular testimony, the validity of the identification parade, and the evidentiary value of forensic reports submitted after a six-year delay. The Court held that the prosecution’s case was highly doubtful and unsustainable. It found that the medical evidence contradicted the prosecution’s narrative regarding the deceased's physical condition and ability to travel after the incident. Crucially, the Court established that an inordinate and unexplained delay of six years in submitting crime-empties and weapons to the Ballistic Expert destroys the evidentiary value of the forensic reports. Additionally, the absence of corroborative documentary evidence regarding the deceased's initial medical treatment further undermined the prosecution's version. Consequently, the Court set aside the convictions, ruling that when the prosecution's story is inherently improbable and lacks credible corroboration, the benefit of the doubt must be extended to the accused, resulting in their acquittal.

  Questions settled

  • Does an inordinate and unexplained delay in sending crime-empties and weapons to a forensic laboratory destroy the evidentiary value of the ballistic report?
  • Can a conviction be sustained when the medical evidence contradicts the prosecution's narrative regarding the deceased's ability to travel?
  • Is ocular testimony reliable when it is not supported by corroborative documentary evidence concerning the deceased's initial medical treatment?
  Read full judgment →
• Ahmad Hussain Khan vs Government of Sindh through Chief Secretary, Karachi and 4 others2006 PLD Karachi 5 · Sindh High Court · 2005-09-07Read full judgment →
• Afzal Hussain vs Zeal Pak Cement Factory through Managing Director2006 PLC 597 · Sindh High Court · 2006-05-24
  Golden Handshake Schemeworkman definitionredress of individual grievanceswages definitionlimitationLabour Court jurisdictionresignation
  Summary & questions settled

  This judgment addresses a set of appeals filed by 61 appellants against the order of the Labour Court dismissing their applications under section 46 of the Industrial Relations Ordinance, 2002. The core legal questions involved whether employees who resigned under a Golden Handshake Scheme qualify as 'workmen' to maintain a grievance petition before the Labour Court, whether additional benefits under such a scheme constitute 'wages', and whether the claims were barred by limitation. The Sindh High Court held that a person who has voluntarily resigned and obtained clearance certificates does not fall within the definition of a worker under the ordinance, that extraordinary payments under a Golden Handshake Scheme do not constitute wages under the Payment of Wages Act, 1936, and that claims brought after more than three years are barred by limitation. The court laid down the principle that individuals who sever their employment via voluntary resignation and receipt of service dues cannot invoke the jurisdiction of the Labour Court for recovery of additional scheme benefits, leaving them to pursue appropriate civil or execution remedies regarding unpaid cheques.

  Questions settled

  • Does an employee who has resigned from service qualify as a workman to maintain a grievance application under section 46 of the Industrial Relations Ordinance 2002?
  • Do additional financial benefits payable under a Golden Handshake Scheme fall within the definition of wages under section 2(vi) of the Payment of Wages Act 1936?
  • Can a grievance petition filed more than three years after the execution of a settlement be maintained before the Labour Court?
  • Does the acceptance of a voluntary resignation extinguish the employer-employee relationship for the purposes of invoking labor jurisdiction?
  Read full judgment →
• Aftab Ahmed and another vs Hamid Hussain Khawar and another2006 PLD Karachi 195 · Sindh High Court · 2006-01-19Read full judgment →
• Adam S.I.P. vs The State2006 P Cr. L J 1060 · Sindh High Court · 2006-01-24
  pre-arrest bailpolice officernegligence in performance of dutycriminal investigationchemical examinationdelay in sending case property
  Summary & questions settled

  This matter comes before the Sindh High Court upon an application for pre-arrest bail in respect of crime No. 245 of 2005 registered at Police Station Dadu under Article 155 of the Police Order, 2002. The core legal question concerns whether pre-arrest bail should be granted to a senior police officer accused of negligence in the performance of duty for allegedly delaying the dispatch of case property for chemical examination by over ten months. The court held that the applicant had applied for permission to send the case property, was subsequently suspended and transferred before obtaining such permission, and that the delay was not attributable to his personal negligence, as confirmed by the State Counsel. Consequently, recognizing that the arrest of a senior police officer would entail unwarranted humiliation, the court confirmed the pre-arrest bail subject to the furnishing of solvent surety. The key principle laid down is that pre-arrest bail may be granted where the allegations of official negligence prima facie lack active culpability due to intervening suspension and transfer, and where arrest would cause unwarranted humiliation.

  Questions settled

  • Whether pre-arrest bail can be granted to a police officer accused of delay in sending case property for chemical examination?
  • Does the suspension and transfer of an investigating officer negate prima facie allegations of negligence in duty for the purposes of bail?
  • Is the potential humiliation of a senior police officer a relevant factor in considering pre-arrest bail?
  Read full judgment →
• Adam Holding Limited and another vs Global Container Lines2006 CLD 1511 · Sindh High Court · 2006-08-21Read full judgment →
• Abn Amro Bank N.v vs Chairman/Managing Director, Karachi Water2006 CLC 597 · Sindh High Court · 2006-02-07
  water chargesquid pro quoservice utilitybilling disputeinactivation of public authorityjoint inspectioncivil suit
  Summary & questions settled

  This civil suit was instituted by the plaintiff bank against the Karachi Water and Sewerage Board (KWSB) seeking a declaration against unjustified water billing and a refund of connection charges, alleging non-supply of water since 1996. The core legal question examined by the court was whether the defendant failed to supply water and was thereby disentitled from claiming water charges. The Sindh High Court held that water and sewerage charges levied under the statute are on a quid pro quo basis for services rendered and cannot be billed if no supply or service is provided. However, because the plaintiff failed to lodge any complaint of non-supply until May 2001, relief could not be granted for the period prior to July 2001. The court ruled that the defendant was not entitled to recover water charges from July 2001 onwards due to inaction and failure to address the consumer's grievance, but permitted recovery for the period from 1996 to 2001. The key principle laid down is that public utility charges for water supply are levied strictly on a quid pro quo basis, and an authority disentitles itself from recovering such charges if it fails to provide the supply or ignores consumer complaints.

  Questions settled

  • Whether water and sewerage charges can be levied by a statutory board without the provision of actual supply on a quid pro quo basis?
  • Is a consumer entitled to relief from water billing when they fail to lodge timely complaints regarding non-supply of water?
  • Does the failure of a public utility board to inspect and address consumer complaints disentitle it from recovering water charges?
  Read full judgment →
• Abdus Salam--Decree-Holder vs Ghulam Rasul--Judgment-Debtor2006 PLJ Karachi 199 · Sindh High Court · 2006-02-22Read full judgment →
• Abdus Salam vs Ghulam Rasul---Judgment-Debtor2006 PLD Karachi 501 · Sindh High Court · 2006-02-22Read full judgment →
• Abdullaii Shaikh vs The State2006 YLR 2357 · Sindh High Court · 2006-06-23
  jail appealmurder convictionbenefit of doubteyewitness testimonymaterial contradictionscriminal evidenceacquittal
  Summary & questions settled

  This jail appeal challenged the conviction and sentence of the appellant for the murder of a fellow prisoner, recorded under Section 302(b) of the Pakistan Penal Code 1860. The core legal question was whether the testimony of a sole eyewitness, which contained material improvements and contradictions regarding the manner of the assault, was sufficient to sustain a conviction. The Sindh High Court held that the prosecution's case was unreliable due to significant discrepancies between the complainant's FIR and his deposition at trial, particularly regarding the allegation of strangulation, and inconsistencies with other prosecution witnesses who arrived after the incident. Consequently, the Court set aside the conviction and acquitted the appellant. The judgment reaffirms the principle that while a conviction may be based on the solitary testimony of a witness, such evidence must inspire confidence and be free from infirmities. Where the prosecution's evidence suffers from material contradictions or improvements, it fails to meet the required standard of proof, thereby entitling the accused to the benefit of doubt.

  Questions settled

  • Can a conviction be sustained on the solitary testimony of a witness if it contains material contradictions?
  • Does a significant dent in the prosecution's evidence entitle an accused to the benefit of doubt?
  • Is a conviction valid when the testimony of the sole eyewitness contradicts the facts stated in the First Information Report?
  Read full judgment →
• Abdullah vs Government of Sindh through Secretary Health Services2006 PLC (C.S.) 183 · Sindh High Court · 2005-10-27
  constitutional petitionpublic employmentvaccinator appointmentfundamental rightsarbitrary actionrecruitment rulesequality before law
  Summary & questions settled

  This constitutional petition was filed under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973, challenging the arbitrary dropping of the petitioner's name from the list of selected candidates for the post of Vaccinator and the appointment of an unselected, unqualified person in his place. The core legal question was whether the authorities could lawfully drop a duly selected candidate on the flimsy excuse of an administrative error and preference of higher academic grades not mandated by the recruitment rules, thereby violating fundamental rights. The Sindh High Court held that the respondents' action was unjust, arbitrary, contrary to recruitment rules, and violative of Articles 4, 18, and 25 of the Constitution. The court laid down the principle that administrative authorities cannot arbitrarily deny employment to a qualified candidate who has successfully cleared selection formalities and whose name appears on an authenticated merit list, especially by substituting an ineligible candidate under the guise of an error.

  Questions settled

  • Whether the High Court can interfere under Article 199 of the Constitution when a duly selected candidate is arbitrarily deprived of public employment?
  • Can administrative authorities drop a candidate from an authenticated merit list on the ground of an alleged clerical error without lawful justification?
  • Does substituting an unqualified candidate in place of a qualified candidate violate the fundamental rights enshrined under Articles 4, 18, and 25 of the Constitution?
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• Abdullah vs Government of Sindh and others2006 C.L.R. 620 · Sindh High Court · 2005-10-27Read full judgment →
• Abdullah Khan vs The State2006 P Cr. L J 1350 · Sindh High Court · 2005-02-16
  post-arrest bailmedical groundssickness or infirmityold ageproviso to section 497expeditious trial
  Summary & questions settled

  This matter concerns a bail application filed on medical grounds by an accused facing trial for murder and causing injuries. The applicant, an 80-year-old, sought bail primarily citing advanced age, osteoarthritis, and associated mobility difficulties, arguing that his condition necessitated specialized care unavailable in prison. The Court examined multiple medical reports, including opinions from the Chief Medical Officer and Special Medical Boards. The core legal question was whether the applicant's age and medical condition constituted 'sickness or infirmity' sufficient to warrant bail under the proviso to Section 497 of the Code of Criminal Procedure 1898. The Court held that while the applicant suffered from age-related ailments like hypertension and osteoarthritis, the medical evidence did not demonstrate an acute, life-threatening, or deteriorating condition that would justify bail. The Court affirmed that mere old age is not a statutory ground for bail; rather, the sickness must be acute and deteriorating. Consequently, the bail application was dismissed, with the trial court directed to expedite the proceedings.

  Questions settled

  • Does advanced age alone constitute a sufficient ground for the grant of bail under the proviso to Section 497 of the Code of Criminal Procedure 1898?
  • What standard of medical condition is required to justify the grant of bail on health grounds under Section 497 of the Code of Criminal Procedure 1898?
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• Abdullah Contractors vs Water and Power Development Authority2006 YLR 589 · Sindh High Court · 2006-01-17
  arbitration awardmisconduct of arbitratorerror apparent on the face of the awardoverhead expensesdelay in completion of workno evidencearbitration act
  Summary & questions settled

  This matter involves objections raised against an arbitration award under sections 30 and 33 of the Arbitration Act, 1940, arising from a dispute over electrification contract execution, delay, overhead costs, and contract price adjustments between Abdullah Contractors and the Water and Power Development Authority (WAPDA). The core legal questions concern whether the arbitrators misconducted themselves or the proceedings by failing to consult the terms of the contract, awarding damages without recording evidence, and omitting to determine which party was at fault for the project's delay before awarding overhead costs. The Sindh High Court held that the arbitrators committed legal misconduct and errors apparent on the face of the award by proceeding without the contract terms, failing to record evidence on disputed questions of fact, and awarding overhead expenses without establishing whose default caused the delay. The court laid down the principle that in claims for overheads and damages, arbitrators must afford parties an opportunity to lead evidence, consult the contract, and explicitly determine liability for delay before granting compensation.

  Questions settled

  • Whether failure of arbitrators to consult the terms and conditions of the contract constitutes an error apparent on the face of the award?
  • Does the awarding of damages and overhead costs without recording evidence or allowing parties to lead evidence amount to legal misconduct in arbitration proceedings?
  • Can an arbitrator award overhead expenses for a delayed period without determining which party was at fault or responsible for the delay?
  • What are the grounds for remitting or setting aside an arbitration award under sections 30 and 33 of the Arbitration Act, 1940?
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• Abdullah Baloch vs Federation of Pakistan through Defence Ministry, Secretary, Islamabad and 5 others2006 PLD Karachi 584 · Sindh High Court · 2006-06-05Read full judgment →