Pakistan Case LawLatest 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.
- Ahmad Nabi vs Sind Labour Appellate Tribual And Another1986 PLC 42 · Sindh High Court · 1985-08-11Read full judgment →
Summary & questions settled
This constitutional petition arises from a labour dispute where the petitioner, a permanent workman, challenged an order of the Sind Labour Appellate Tribunal setting aside the Labour Court's decision that had reinstated him with back benefits. The petitioner had been granted 45 days leave to visit India, applied for extensions due to illness, but ultimately reported back late, leading to domestic inquiry proceedings and subsequent termination of his services. The core legal question was whether the petitioner's absence due to illness abroad constituted circumstances beyond his control and whether the medical certificate relied upon was legally proven. The High Court held that medical certificates do not constitute self-proving evidence and must be formally proven, and since the petitioner failed to prove his illness or establish that his absence was unavoidable, the tribunal was justified in upholding the termination. The court laid down the principle that the burden of proving an exception—such as unavoidable absence due to illness—lies heavily upon the claiming party, and medical certificates unsupported by expert testimony or corroborating clinical tests in circumstances lacking credibility do not suffice to prove misconduct-exempting illness.
Questions settled- Whether a medical certificate issued by a foreign doctor constitutes self-proving evidence without formal examination or corroboration?
- Does unauthorized absence from duty due to alleged illness amount to misconduct under labour laws when the employee fails to prove the illness?
- On whom does the burden of proof lie to establish circumstances beyond control for overstaying approved leave?
- Whether an appellate tribunal is justified in setting aside a labour court's reinstatement order when the employee fails to substantiate the grounds for absence?
- Ahmad Farooqi vs Government of Pakistan And Another1986 PLC (C.S.) 722 · Sindh High Court · 1986-02-26Read full judgment →
- Ahmad Din Khan vs Intisar Ali1986 MLD 1380 · Sindh High Court · 1985-03-23Read full judgment →
- Ahmad Ali vs Province of Sind and 2 others1986 MLD 1777 · Sindh High Court · 1986-04-19Read full judgment →
- Afzal Khan and others vs United Bank Ltd.1986 MLD 76 · Sindh High Court · 1985-03-06Read full judgment →
- Afzal Baig vs Karachi Development Authority and 2 others1986 MLD 140 · Sindh High Court · 1985-10-14Read full judgment →
- Aftab Ali vs The State1986 PLD Karachi 348 · Sindh High Court · 1985-03-05Read full judgment →
- Afroze Begum vs Mst. Halima Bai and 7 others1986 MLD 1526 · Sindh High Court · 1985-12-04Read full judgment →
- Adho vs The State-1986 P Cr. L J 658 · Sindh High Court · 1985-10-30Read full judgment →
- Adham alias Adoo vs The State1986 MLD 1083 · Sindh High Court · 1985-04-02Read full judgment →
- Adam vs Ghulam Mustafa And Others1986 P Cr. L J 1221 · Sindh High Court · -Read full judgment →
- Abu Bakar vs Ch.Muhammad Abdullah1986 MLD 227 · Sindh High Court · 1985-11-30Read full judgment →
- Abu Bakar Khan vs Qamruddin1986 PLD Karachi 353 · Sindh High Court · 1986-03-26Read full judgment →
- Abrar Hussain and 2 others vs A.F. Furtado1986 MLD 1587 · Sindh High Court · 1986-02-03Read full judgment →
- Abid & Company vs Sharif Haroon and another1986 MLD 2514 · Sindh High Court · 1986-05-05Read full judgment →
- Abdullah vs The State1986 P Cr. L J 1969 · Sindh High Court · 1986-05-14Read full judgment →
- Abdullah vs The State-1986 P Cr. L J 899 · Sindh High Court · 1985-12-03Read full judgment →
- Abdullah Khan (deceased) through his Legal Representatives vs Government of Sind and another1986 MLD 1500 · Sindh High CourtRead full judgment →
- Abdul Wahid and 9 others vs The Deputy Commissioner, Karachi1986 MLD 381 · Sindh High Court · 1985-12-04Read full judgment →
Summary & questions settled
This regular first appeal arose from an order of a Single Judge of the Sindh High Court deciding a reference under Section 18 of the Land Acquisition Act 1894. The appellants sought an increase in compensation for compulsorily acquired land, factory buildings, and loss of business profits resulting from an intended housing scheme. The Division Bench addressed the proper criteria for assessing market value, the admissibility of building valuation evidence, and whether compensation for loss of earnings applies to prospective business ventures. Modifying the Single Judge's decision, the High Court enhanced the land compensation to Rs. 15 per square yard, increased the building valuation to Rs. 60,000 based on unrebutted contractor testimony, and raised loss of earning compensation for 23 actually constructed and sold houses to Rs. 34,500. However, the Court affirmed the rejection of profit loss claims for 227 unconstructed plots, holding that under Section 23(4) of the Act, compensation for loss of earnings requires an existing, running business rather than prospective profits.
Questions settled- How is the market value of compulsorily acquired land to be determined under Section 23(1) of the Land Acquisition Act 1894?
- Can the unrebutted valuation evidence of an experienced building contractor be accepted to determine compensation for acquired structures?
- Whether compensation for loss of earnings under Section 23(4) of the Land Acquisition Act 1894 can be awarded for prospective business profits where the business is not yet a running concern?
- Abdul Shakoor vs The State-1986 P Cr. L J 1822 · Sindh High Court · 1986-04-13Read full judgment →
- Abdul Shakoor vs Abdul Aziz1986 MLD 1448 · Sindh High Court · 1986-04-16Read full judgment →
- Abdul Sattar vs The State-1986 P Cr. L J 1056 · Sindh High Court · 1984-12-23Read full judgment →
- Abdul Sattar vs Superintendent of Police and others1986 P Cr. L J 350 · Sindh High Court · 1985-01-24Read full judgment →
- Abdul Sattar Azizi and 6 others vs Noor Muhammad1986 MLD 2976 · Sindh High Court · 1986-09-07Read full judgment →
- Abdul Razzak vs Abdul Rauf and Another1986 PLD Karachi 476 · Sindh High Court · 1986-06-28Read full judgment →
- Abdul Rauf vs The State-1986 P Cr. L J 1687 · Sindh High Court · 1985-08-24Read full judgment →
- Abdul Rauf vs Nawab Ali and 3 Othees1986 PLD Karachi 117 · Sindh High Court · 1985-11-16Read full judgment →
Summary & questions settled
This appeal challenged an ejectment order passed by the Senior Civil Judge and Rent Controller, Karachi, directing the appellant and others to hand over vacant possession of the disputed premises to the landlords on the ground of unauthorized subletting. The core legal questions involved whether a minor landlord could file a rent application through a next friend, whether the burden of proving subletting shifted when the landlady did not depose, whether rent proceedings became void when the property was sold during their pendency without immediate substitution, and whether a sub-tenant alone could maintain an appeal when the primary tenant acquiesced. The Sindh High Court held that minor landlords can sue through a next friend under fundamental principles of civil procedure applicable to rent matters, that the burden to prove consent for subletting lay upon the person asserting it, that subsequent purchasers can continue ejectment proceedings for defaults or subletting originating under previous owners, and that an appeal by a sub-tenant alone is incompetent when the primary tenant has not appealed. The court dismissed the appeal and upheld the ejectment order.
Questions settled- Can a minor landlord file a rent application through a next friend in the absence of an express provision in rent laws?
- Does the burden of proving the consent of the landlord for subletting lie upon the person alleging it?
- Can a subsequent purchaser continue rent proceedings instituted by the previous landlord for unauthorized subletting?
- Is an appeal filed by a sub-tenant alone maintainable when the primary tenant has not challenged the ejectment order?
- Abdul Rauf Bhatti vs Abdul Rahman Kalia1986 MLD 1986 · Sindh High Court · 1986-03-16Read full judgment →
- Ali vs The State1986 P Cr. L J 418 · Sindh High Court · 1985-10-23Read full judgment →
- Abdul RAllAQ and another vs Mst. Sahira Begum1986 MLD 51 · Sindh High Court · 1984-02-11Read full judgment →
- Abdul Rahim vs The State1986 MLD 2550 · Sindh High Court · 1986-09-09Read full judgment →
- Abdul Raheem vs The State-1986 P Cr. L J 198 · Sindh High Court · 1985-06-04Read full judgment →
- Abdul Qudus Behari vs Iqbal Lakhani and 10 others1986 MLD 1856 · Sindh High Court · 1985-11-06Read full judgment →
- Abdul Qayum vs The State-1986 P Cr. L J 616 · Sindh High Court · 1985-10-29Read full judgment →
- Abdul Qadir vs The State-1986 P Cr. L J 1696 · Sindh High Court · 1986-03-10Read full judgment →
- Abdul Qadir And Another vs The State-1986 P Cr. L J 1821 · Sindh High Court · 1986-04-01Read full judgment →
- Abdul Nabi And 2 Others vs The State-1986 P Cr. L J 618 · Sindh High Court · 1985-08-06Read full judgment →
- Abdul Manan Malik vs The Marine & Fisheries Deptt. and another1986 MLD 2970 · Sindh High Court · 1986-08-26Read full judgment →
- Abdul Malik And Others vs Haji Moula Bakhsh1986 P Cr. L J 2757 · Sindh High Court · 1986-04-05Read full judgment →
- Abdul Khalique vs The State and 38 others1986 MLD 1077 · Sindh High Court · 1986-04-13Read full judgment →
- Abdul Khaliq vs Abdul Hamid And Another1986 P Cr. L J 416 · Sindh High Court · 1985-09-22Read full judgment →
- Abdul Karim vs Safia Mirza and 5 others1986 MLD 1333 · Sindh High Court · 1936-02-22Read full judgment →
- Abdul Karim vs Mst. Chand Begum1986 MLD 1443 · Sindh High Court · 1985-09-08Read full judgment →
- Abdul Karim vs Ham Ahmed and 6 Others1986 PLD Karachi 206 · Sindh High Court · 1985-12-18Read full judgment →
- Abdul Karim Shoro vs Syed Zafruddin Ahmad and another1986 MLD 2428 · Sindh High Court · 1986-05-14Read full judgment →
- Abdul Kalam vs The State-1986 P Cr. L J 1587 · Sindh High Court · 1985-07-22Read full judgment →
- Abdul Jabbar vs Government of Sind through Secretary, Department of Health, Karachi and 2 others1986 MLD 160 · Sindh High Court · 1984-05-15Read full judgment →
- Abdul Hassan And Another vs The State-1986 P Cr. L J 2514 · Sindh High Court · 1986-05-07Read full judgment →
- Abdul Hanna N Khan vs Chairman, Evacuee Trust Property Board,1986 MLD 392 · Sindh High Court · 1984-11-13Read full judgment →
- Abdul Hameed vs Rehmat Khan and 5 others1986 MLD 161 · Sindh High Court · 1985-10-28Read full judgment →
- Abdul Hakeem vs The State-1986 P C r. L J 1214 · Sindh High Court · 1984-10-13Read full judgment →
- Abdul Hafiz Khan vs Malik Iftikhar Khan1986 MLD 917 · Sindh High Court · 1984-02-18Read full judgment →
- Abdul Ghani And 5 Others vs The State--Opponent1986 P Cr. L J 2445 · Sindh High Court · 1986-04-06Read full judgment →
- Abdul Ghafoor vs Muhammad Ashraf1986 MLD 1676 · Sindh High Court · 1986-05-21Read full judgment →
- Abdul Ghaffar vs Altaf And 2 Others1986 P Cr. L J 2518 · Sindh High Court · 1986-04-01Read full judgment →
- Abdul Ghaffar vs Abdul Qadir1986 MLD 1636 · Sindh High Court · 1986-05-28Read full judgment →
- Abdul Ghaffar Lakhani vs Federal Government of Pakistan and 2 Others1986 PLD Karachi 525 · Sindh High Court · 1986-08-12Read full judgment →
Summary & questions settled
This constitutional petition under Article 199 of the Constitution of the Islamic Republic of Pakistan, 1973, filed before the Sindh High Court, sought a declaration that respondent No. 3, General Muhammad Ziaul Haq, ceased to hold the office of Chief of Army Staff upon assuming office as the elected President of Pakistan, as holding an office of profit in the service of Pakistan is barred under Article 43 of the Constitution. A Full Bench was constituted to consider the preliminary objections regarding maintainability, specifically whether the petition was barred under Article 199(3) in respect of members of the Armed Forces and whether the court lacked territorial jurisdiction. The Full Bench unanimously held that the court lacked territorial jurisdiction to entertain a quo warranto petition since the respondent neither resided nor had his office within the territorial jurisdiction of the Sindh High Court. Furthermore, by majority opinion, the court held that the petition was barred by Article 199(3) of the Constitution because the matter arose out of the service of a member of the Armed Forces. The court established that quo warranto proceedings require the person or office to be located within the court's territorial limits and that service-related matters of Armed Forces personnel are insulated from judicial review under Article 199(3).
Questions settled- Does a High Court have territorial jurisdiction to issue a writ of quo warranto against a respondent whose office and residence are located outside the territorial limits of that High Court?
- Whether a constitutional petition challenging the holding of the office of Chief of Army Staff by the President of Pakistan is barred under Article 199(3) of the Constitution of Pakistan?
- Whether the matter of a serving military officer holding or ceasing to hold the office of Chief of Army Staff constitutes a matter arising out of his service within the meaning of Article 199(3) of the Constitution?
- Abdul GH Afoor vs Sarwat Samina Shah1986 MLD 318 · Sindh High Court · 1985-12-18Read full judgment →
- Abdul Fateh Kazi And Other vs The Sind Road Transport Corporation1986 PLC 749 · Sindh High Court · 1984-03-12Read full judgment →
- Aasia Ishaque Siddiqui vs The Selection Board of Admission in the Medical Colleges of Sind and others1986 MLD 2079 · Sindh High Court · 1985-10-23Read full judgment →
- A.M. Qureshi vs Sind Province and other1986 MLD 840 · Sindh High Court · 1983-08-29Read full judgment →
- A Ttaullah Khan vs Sub-Divisional Magistrate, Nazimabad, Karachi and 8 others1986 MLD 302 · Sindh High Court · 1985-05-26Read full judgment →
- Zubair Ahmad vs Sind Labour Appellate Tribunal, Karachi and ANOTNERs1985 PLD Karachi 760 · Sindh High Court · 1985-09-02Read full judgment →
Summary & questions settled
This reference before the Full Bench of the Sindh High Court arose from a constitutional petition concerning the definition of 'workman' under Section 2(i) of the West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968. A Division Bench had referred two questions to the Full Bench addressing whether the terms 'skilled or unskilled' and 'manual or clerical' are used disjunctively, thereby creating distinct categories of workmen, or whether the former terms merely qualify the latter. During the pendency of the reference, the Supreme Court of Pakistan rendered a binding judgment in Ganga B. Maahani v. Standard Bank Ltd. (1985 SCMR 1511), approving the test that a workman is one employed to do skilled or unskilled work which is manual or clerical, and that the true test is to look to the direct and substantial part of the work rather than incidental duties. Following this authoritative pronouncement under Article 189 of the Constitution of Pakistan 1973, the Full Bench concluded that only persons performing manual or clerical work, whether skilled or unskilled, fall within the definition.
Questions settled- Whether in section 2(i) of West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance 1968 the words 'skilled or unskilled' and 'manual or clerical' have been used disjunctively so that a person employed to do skilled or unskilled work is a workman?
- Whether a person employed to do skilled manual work, unskilled manual work, skilled clerical work, or unskilled clerical work qualifies as a workman under section 2(i) of the West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance 1968?
- What is the correct test to determine whether an employee is a 'workman' within the meaning of the West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance 1968?
- Ziaul Haq vs Mir Ghulam Muhammad1985 CLC 194 · Sindh High Court · 1984-03-03Read full judgment →
- Zarin Shah vs Wall Muhammad and 4 others1985 CLC 1303 · Sindh High Court · 1984-11-24Read full judgment →
- Zarin Patel vs Homi Patel1985 CLC 251 · Sindh High Court · 1984-08-25Read full judgment →
- Zaheer Ahmed vs The State1985 P Cr. L J 1247 · Sindh High Court · 1985-01-22Read full judgment →
- Zafarul Hasan vs Ali Muhammad1985 CLC 2076 · Sindh High Court · 1985-03-16Read full judgment →
- Yasmeen Kausar vs Messrs Midway House Ltd. and Others1985 PLC 735 · Sindh High Court · 1984-01-09Read full judgment →
- Yasin Ahmad vs Muhammad Qasim1985 P Cr. L J 384 · Sindh High Court · 1984-08-06Read full judgment →
- Yaqoob vs The State1985 P Cr. L J 1825 · Sindh High Court · 1985-02-18Read full judgment →
- Yaqoob Suleman Mayet vs Deputy, Registrar, Co-Coperative Societies1985 CLC 311 · Sindh High Court · 1984-08-06Read full judgment →
- Yaqoob Dasoo vs Mst. Amtul Bari1985 MLD 1151 · Sindh High Court · 1985-05-01Read full judgment →
- Yaqoob Ali vs Presiding Officer, Summary Military 'Court, Karachi1985 PLD Karachi 243 · Sindh High Court · 1980-06-28Read full judgment →
- Weram vs The State1985 P Cr. L J 372 · Sindh High Court · 1984-08-13Read full judgment →
- Wazir Ali Industries Ltd. and another vs The Secretary to Government1985 CLC 1843 · Sindh High Court · 1985-03-28Read full judgment →
- Waloo alias Wali Muhammad vs The State1985 P Cr. L J 1762 · Sindh High Court · 1984-10-15Read full judgment →
- Waliur Rehman vs Muhammad Shaft Khan Musafir and 2 others1985 CLC 2113 · Sindh High Court · 1985-03-17Read full judgment →
- Waldo alias Wali vs The State1985 P Cr. L J 2330 · Sindh High Court · 1985-01-08Read full judgment →
- Wajahatullah Akhoon vs Ma H Moo Dur Ra B1985 CLC 1949 · Sindh High Court · 1985-01-13Read full judgment →
- Wadho and anothers vs The State1985 P Cr. L J 2007 · Sindh High Court · 1984-11-24Read full judgment →
- W. Woodwards (Pakistan) Ltd and 5 others vs The State1985 P Cr. L J 2064 · Sindh High Court · 1984-11-14Read full judgment →
- Uzin Export Import Enterprises for Foreign Trade vs M.Iftikhar &1985 CLC 713 · Sindh High Court · 1984-10-22Read full judgment →
- Usman Textile Mills Ltd. vs Government of Pakistan and another1985 MLD 1571 · Sindh High Court · 1985-09-03Read full judgment →
- Usman Ghani and another vs Ali Muhammad1985 MLD 315 · Sindh High Court · 1984-10-08Read full judgment →
- United Bank Ltd. vs Muhammad Azim and ANOTHERs1985 PLD Karachi 215 · Sindh High Court · 1984-11-18Read full judgment →
Summary & questions settled
This judgment arises from five consolidated High Court Appeals involving disputes over the allotment of a commercial plot known as the Nursery Plot by the Pakistan Employees Co-operative Housing Society Ltd. The core legal questions concerned whether the Society had the authority to allot the plot without prior approval from the Karachi Development Authority (K.D.A.), whether the initial allotment was provisional or created a permanent right in rem, and whether the subsequent cancellation of the first allottee's plot and resale to a bank constituted a valid transaction or a breach of contract. The Sindh High Court held that the Society possessed full competence to allot the plot under its licence agreement with the government, that the allotment transferred a permanent interest making the doctrine of part performance applicable, and that the Society unlawfully cancelled the valid subsisting allotment in favor of the first allottee under a pre-arranged deal with the bank. The court ruled that the first allottee remained the lawful owner and was entitled to possession and protection, while the bank was entitled to a refund of its deposit, and damages awarded to the first allottee were modified to nominal damages.
Questions settled- Whether a cooperative housing society has the power to allot a commercial plot without obtaining prior no-objection clearance from the Karachi Development Authority?
- Whether an allotment of land by a housing society holding land as a licensee constitutes a mere licence or passes a permanent right in rem to the allottee?
- Whether a housing society can lawfully cancel a valid subsisting allotment and make a second allotment of the same plot to a third party?
- Whether interest by way of damages is payable under section 73 of the Contract Act, 1872 for merely withholding moneys due without proof of actual loss?
- United Bank Ltd. vs A. Hafeez Sons Ltd. and 15 others1985 MLD 480 · Sindh High Court · 1985-03-24Read full judgment →
- United Bank Limited vs Industrial Development Bank of Pakistan and 51985 MLD 1147 · Sindh High Court · 1985-04-28Read full judgment →
- Trustees of the: Port Of' Karachi vs Messrs United Cotton and Wool1985 CLC 2073 · Sindh High CourtRead full judgment →
- The Trustees of the Port of Karachi vs Muhammad Ismail1985 MLD 262 · Sindh High Court · 1985-04-23Read full judgment →
- The State vs Sardar Sher Baz Khan Mazari1985 P Cr. L J 937 · Sindh High Court · 1984-10-15Read full judgment →
- The State vs Rais Phalwan1985 P Cr. L J 1024 · Sindh High Court · 1984-12-10Read full judgment →
- The State vs Muhammad Sharif and 3 others1985 P Cr. L J 528 · Sindh High Court · 1984-06-20Read full judgment →
- The State vs Muhammad Ibrahim and others1985 P Cr. L J 2805 · Sindh High Court · 1984-10-02Read full judgment →
- The State vs Lutuf Ali and 2 others1985 P Cr. L J 100(2) · Sindh High Court · 1984-06-20Read full judgment →
- The State vs Inayat1985 P Cr. L J 386 · Sindh High Court · 1984-08-07Read full judgment →
- The State vs Aziz alias Abdul Az1z1985 PLD Karachi 27 · Sindh High Court · 1984-10-10Read full judgment →
Summary & questions settled
The State filed a petition to cancel the bail granted to the respondent, Aziz alias Abdul Aziz, who was implicated in a double murder case under sections 302, 307, 452, and 148/149 of the Pakistan Penal Code 1860. The Additional Sessions Judge had granted bail on the premise that the case called for 'further inquiry' under section 497(2) of the Code of Criminal Procedure 1898 regarding the identification of the accused in bulb light. The core legal question was the proper interpretation and application of the expression 'further inquiry' under section 497(2), Cr. P.C. The Sindh High Court held that a finding that there are no reasonable grounds for believing the accused committed a non-bailable offence is a sine qua non before a court can consider whether 'further inquiry' into the guilt of the accused is warranted. The court set aside the bail order and remanded the matter to the Sessions Judge for a fresh decision, noting the lower court's failure to make the requisite preliminary finding and its disregard of the accused's prolonged abscondence.
Questions settled- Whether a finding that there are no reasonable grounds for believing the accused has committed a non-bailable offence is a mandatory prerequisite before invoking section 497(2) of the Code of Criminal Procedure 1898 for further inquiry?
- Can bail be granted under section 497(2) of the Code of Criminal Procedure 1898 on the mere ground that a case requires further inquiry without first recording a negative finding regarding reasonable grounds of guilt?
- What are the circumstances under which a criminal case can be said to call for 'further inquiry' for the purpose of granting bail under section 497(2) of the Code of Criminal Procedure 1898?
- What is the distinction between the implication of the words 'further inquiry' appearing in section 436 versus section 497(2) of the Code of Criminal Procedure 1898?
- The Secretary, Irrigation Department, Sind, Karachi vs Nasir Khan and others1985 PLC 1060 · Sindh High Court · 1984-12-03Read full judgment →
- The Province of West Pakistan (now Sind) and 2 others vs Haji1985 MLD 1197 · Sindh High Court · 1985-05-30Read full judgment →
- The Muslim Commercial Bank Ltd. vs Messrs Dastagir Investments and Management Ltd. and 3 others1985 CLC 2439 · Sindh High Court · 1984-04-13Read full judgment →