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. 232,594 judgments in total.

• Nadir Hussain vs The State1996 PLD Karachi 159 · Sindh High Court · 1995-09-24Read full judgment →
• Nadir Hussain vs Mst. Hasina Mai and anothers1996 MLD 1693 · Lahore High Court · 1995-11-15Read full judgment →
• Nadir Hussain Jiskani vs The StateK.L.R. 1996 Criminal Cases 353 · Sindh High Court · 1995-09-24Read full judgment →
• Nadeem vs The State1996 PLD Karachi 490 · Sindh High Court · 1996-05-30
  post-arrest bailrule of consistencyabsconsionfurther inquirycriminal procedurebail application
  Summary & questions settled

  This case comes before the Court as a reference to a third Judge following a difference of opinion between two learned Judges of a Division Bench on a bail application. The core legal questions involve the applicability of the rule of consistency, the effect of absconsion on bail, and whether the case falls under further inquiry. The third Judge held that the rule of consistency was not applicable because the co-accused granted bail by the trial court had a different role and were not named in the F.I.R., whereas the applicant was named. However, the Court agreed to grant bail on the ground that the applicant's participation required further inquiry, noting that witnesses learned of the applicant's name only after arrests were made on the day of the incident and identification needs trial testing. The Court laid down the principle that absconsion alone, without the accused being declared a proclaimed offender, cannot be a ground to withhold bail if the accused is otherwise entitled to it, and that bail should not be refused merely due to absconsion.

  Questions settled

  • Whether the rule of consistency applies when co-accused granted bail are not named in the F.I.R. while the applicant is named?
  • Can bail be withheld solely on the ground of absconsion when the accused has not been declared a proclaimed offender?
  • Does a case where the identity and participation of the accused are learned after arrests and require trial testing fall under further inquiry for the purpose of bail?
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• Nadeem Ahmed Alvi vs Omar Haleem1996 MLD 791 · Sindh High Court · 1995-02-02Read full judgment →
• Naazreen Akhtar vs Family Judge, Lahore and another1996 PLD Lahore 394 · Lahore High Court · 1996-04-22
  dissolution of marriagegeneral power of attorneyFamily Courtreview of orderconstitutional petitionrestitution of conjugal rights
  Summary & questions settled

  This constitutional petition arises from a family dispute where the petitioner, an Indian national and wife of respondent No. 2, filed a suit for dissolution of marriage through a general power of attorney while residing in India, alongside a pending suit for restitution of conjugal rights filed by the husband in Lahore. The core legal questions involved whether a suit for dissolution of marriage can be instituted through a general attorney under family laws, whether an Indian national can file such a suit in Pakistan, and whether a successor Family Court judge can review an earlier final order passed by a predecessor judge. The Lahore High Court held that Section 18 of the West Pakistan Family Courts Act, 1964 permits representation through an authorized agent, and a general power of attorney covering 'any Court' includes Family Courts. Furthermore, the Court held that a Family Court has no power of review under the Act to alter an unchallenging interlocutory order of a predecessor. The petition was accepted, setting aside the dismissal of the suit and remanding it for a decision on merits.

  Questions settled

  • Whether a suit for dissolution of marriage can be filed and prosecuted through a general power of attorney in a Family Court?
  • Does a Family Court have the power to review an order passed by its predecessor court which has attained finality?
  • Can an Indian national residing in India file a suit for dissolution of marriage in a Pakistani Family Court through an authorized agent?
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• N.W.F.P. Government through Secretary Education, Peshawar and others1996 SCMR 1011 · Supreme Court of Pakistan · 1994-09-18
  service lawregularization of servicepay scalerequisite qualificationfixed payservice tribunalleave to appeal
  Summary & questions settled

  This petition for leave to appeal was filed by the N.W.F.P. Government against a judgment of the N.-W.F.P. Service Tribunal, which had partially allowed an appeal by a respondent teacher. The respondent, appointed as an S.E.T. teacher on a fixed pay basis, sought regularization of his services after ten years. The core legal question was whether an employee who performs the duties of a specific post for a decade, despite lacking the formal prerequisite qualification (B.Ed) for regularization, is entitled to the pay scale attached to that post. The Supreme Court upheld the Tribunal's decision, holding that while the respondent's services could not be regularized due to the lack of the requisite B.Ed qualification, he could not be deprived of the salary scale associated with the post he had been effectively occupying for ten years. The Court affirmed the principle that an employee performing the duties of a specific post is entitled to the corresponding pay scale, regardless of the lack of formal regularization, provided the duties have been consistently performed.

  Questions settled

  • Is an employee entitled to the pay scale of a post they have occupied for ten years if they lack the formal educational qualifications required for regularization?
  • Can a Service Tribunal grant the pay scale of a post while simultaneously refusing to regularize the employee's services due to lack of qualifications?
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• N.M. Saroor vs Mst. Bilquees Fouzia1996 CLC 805 · Sindh High Court · 1995-11-02Read full judgment →
• M/s.) Standard Enterprises, Faisalabad Ito Circle-v, Faisalabad vs1996 P.C.T.L.R. 399 · Income Tax Appellate Tribunal · 1995-12-07Read full judgment →
• M/s.) Ghulam Hussain Contractor, Lahore vs 1To, Contractor Cir. 1,1996 P.C.T.L.R. 753 · Income Tax Appellate Tribunal · 1995-11-26Read full judgment →
• M/s.) Afzal Construction Co. vs Chairman CBR, Etc1996 P.C.T.L.R. 581 · Lahore High Court · 1995-04-17Read full judgment →
• M/s. Tobacco International Ltd. vs Chairman, Sindh Labour Appellate1996 PLC 39 · Sindh High Court · 1995-05-28Read full judgment →
• M/s. Textile Winding Machinery Company (Pvt.) Ltd., Karachi vs M/s.K.L.R. 1996 Civil Cases 280 · Sindh High Court · 1995-05-28Read full judgment →
• M/s. Textile Winding Machinery Company (Private) Limited vs M/s.K.L.R. 1996 Civil Cases 412 · Sindh High Court · 1995-05-28Read full judgment →
• M/s. Sunrise Textiles Limited And Other vs Mashreq Bank PSC And Other(PTCL 1996 CL. 134) · Lahore High Court · 1995-06-28Read full judgment →
• M/s. Service Sales Corp. Pvt. Ltd. 80-E/1 Gulberg III, Lahore, through Its(K.L.R. 1996 Labour & Service Cases 128) · Lahore High CourtRead full judgment →
• M/s. Sarbaz Cement Ltd. vs Bankers Equity Ltd. And 8 Other(PTCL 1996 CL. 93) · Supreme Court of Pakistan · 1995-08-01
  winding upofficial liquidatorcompany assetsauction salecourt confirmationhighest biddercreditors' interestjudicial discretion
  Summary & questions settled

  This appeal arose from winding-up proceedings of Sarela Cement Limited, where the appellant, Sarbaz Cement Limited, challenged the High Court’s refusal to confirm the sale of the company’s assets to them, despite being the highest bidder. The core legal question was whether a Company Judge is bound to accept the highest bid in winding-up proceedings when the sale is subject to court confirmation, and whether the court may reject such bids based on independent valuations and the interests of creditors. The Supreme Court dismissed the appeal, holding that the Company Judge acted within their lawful discretion. The Court established that where a sale is subject to court confirmation, no vested right accrues to the highest bidder until such confirmation is granted. The Company Judge possesses the discretion to reject bids that are significantly below the evaluated market value to protect the interests of the company and its creditors. The Court is not merely a formal authority but must exercise judicial discretion to ensure the best possible realization of assets for the benefit of all stakeholders.

  Questions settled

  • Does the highest bidder in a winding-up auction acquire a vested right to the sale before court confirmation?
  • Is a Company Judge bound to accept the highest bid for company assets during winding-up proceedings?
  • Can a Company Judge reject bids for company assets based on independent valuations and the interests of creditors?
  • What is the scope of the Company Judge's discretion regarding the sale of company assets under the Companies Ordinance 1984?
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• M/s. Sarbaz Cement Ltd. through Manager vs Bankers Equity Ltd. and 81996 SCMR 88 · Supreme Court of Pakistan · 1995-08-01
  winding up proceedingsofficial liquidatorauction salebid confirmationjudicial discretioncompany liquidationcreditors' interests
  Summary & questions settled

  This appeal arose from winding-up proceedings of Sarela Cement Limited, where the appellant, Sarbaz Cement Limited, challenged the High Court's refusal to confirm its bid for the company's assets. The core legal question was whether the Court, in winding-up proceedings, is bound to accept the highest bid received by the official liquidator, or if it retains discretion to reject bids—even the highest—if they are inadequate relative to the asset's value and the creditors' interests. The Supreme Court held that the Court possesses full discretion to sanction or reject a sale, which must be exercised judiciously to protect the interests of the company and its creditors. The Court affirmed that where a bid is explicitly subject to Court confirmation, no vested right accrues to the bidder upon merely submitting the highest offer. The key principle laid down is that the Court's primary duty in liquidation sales is to maximize the realization of assets for the benefit of creditors; therefore, it may reject bids that do not reflect the fair market value, especially when expert valuation indicates significantly higher worth.

  Questions settled

  • Does a bidder acquire a vested right to purchase assets in winding-up proceedings merely by submitting the highest bid?
  • Is the Court bound to accept the highest bid received by an official liquidator during liquidation proceedings?
  • Can a Court reject a bid in winding-up proceedings if it deems the offer amount inadequate compared to the asset's valuation?
  • Does the Court have the discretion to order re-bidding in liquidation proceedings to protect the interests of creditors?
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• M/s. Raja Industries (Pvt.) Ltd. Through G.M vs C.B.R., And 4 Other(PTCL 1996 CL 450) · Lahore High Court · 1995-09-28Read full judgment →
• M/s. Pragma Leather Industries vs Mrs. Sadia Sajjad1996 PLD Supreme Court 724 · Supreme Court of Pakistan · 1996-05-12
  ejectmentdefault in payment of rentaccumulated rentlandlord and tenantstatutory periodconcurrent findings
  Summary & questions settled

  This is an appeal by leave against concurrent judgments of the lower courts granting ejectment of the appellant tenant from a commercial shop on the ground of default in payment of rent. The core legal question was whether a landlord's past practice of accepting accumulated rent in lump sum precludes them from subsequently seeking ejectment for non-payment within the statutory period, and whether the ratio in Mrs. Alima Ahmed v. Amir Ali applied over conflicting precedents regarding tenant default. The Supreme Court dismissed the appeal, holding that a practice of collecting accumulated rent cannot negate express statutory provisions requiring regular rent payments unless the landlord creates a default through fraud or sharp practice. The Court affirmed that provisions relating to rent payment under the rent laws must be strictly construed in favour of the landlord, and the concurrent finding of default against the appellant was supported by evidence.

  Questions settled

  • Does a landlord's past practice of accepting accumulated rent override the statutory duty of a tenant to pay rent regularly?
  • Can a concurrent finding of fact regarding tenant default be interfered with by the Supreme Court when supported by record evidence?
  • Does a tenant's reliance on a landlord's alleged custom of collecting rent in lump sum absolve them from statutory default without proof of fraud or sharp practice?
  • Should provisions relating to the payment of rent in rent restriction statutes be strictly construed in favour of the landlord?
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• M/s. Popular Pharmacy, Karachi vs M/s. Nova Bio Medical and others1996 PLD Karachi 411 · Sindh High Court · 1996-04-11
  territorial jurisdictionoriginal civil jurisdictionrejection of plaintprivity of contractforeign defendantcause of actiondistribution agreement
  Summary & questions settled

  This is a civil suit for declaration, injunction, and damages filed by the plaintiffs against defendant No. 1, alleging unlawful termination of a sole distribution agreement and transfer of distributorship to defendant No. 3. Defendant No. 1 filed an application seeking deletion of its name or rejection of the plaint, arguing that the court lacked territorial jurisdiction and that no privity of contract existed due to a denied execution of the agreement. The core legal questions involved whether the court possessed territorial jurisdiction over a foreign defendant and whether disputed questions of fact regarding the existence of a contract could be resolved at the preliminary stage. The Sindh High Court dismissed the application, holding that for the purpose of assuming jurisdiction, averments in the plaint must be accepted as true, that disputed factual issues require a trial after recording evidence, and that restrictions contained in Section 20 of the Code of Civil Procedure 1908 do not apply to the High Court in the exercise of its original civil jurisdiction pursuant to Section 120 of the Code of Civil Procedure 1908. The key principle laid down is that the question of jurisdiction must be determined based on the averments in the plaint, and factual controversies such as privity of contract cannot be adjudicated at a preliminary stage without a full trial.

  Questions settled

  • Whether the restrictions contained in Section 20 of the Code of Civil Procedure 1908 apply to a High Court in the exercise of its original civil jurisdiction?
  • Can disputed questions of fact regarding the existence or execution of a contract be adjudicated at the preliminary stage for determining jurisdiction?
  • Are the averments made in the plaint presumed to be true for the purpose of assuming territorial jurisdiction?
  • Does a mere assertion that a defendant is a non-resident foreign company divest a municipal court of its power and jurisdiction to try a suit?
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• M/s. Pakistan Herald Ltd., Karachi vs Victor Sunny and another1996 PLC 66 · Labour Appellate Tribunal · 1995-10-02Read full judgment →
• M/s. Pakistan Burmah Shell Ltd. vs Khalil Ahmed and anothers1996 MLD 544 · Sindh High Court · 1995-10-23Read full judgment →
• M/s. Pakistan Burmah Shell Ltd. vs Khalil Ahmed And Another1996 MLD 544 · Sindh High Court · 1995-10-23Read full judgment →
• M/s. Northern Punjab Hosiery Factory, Peshawar Road, Rawalpindi vs1996 SCMR 1495 · Supreme Court of Pakistan · 1994-06-28
  Land AcquisitionWithdrawal of AcquisitionPossession of LandCommissioner's PowersStatutory Interpretation
  Summary & questions settled

  This matter concerns a petition for leave to appeal before the Supreme Court of Pakistan regarding the legality of withdrawing a land acquisition order. The core legal question presented is whether, under the provisions of the Land Acquisition Act, an order acquiring land passed in 1954 could be lawfully withdrawn by the Commissioner in 1967, particularly in circumstances where the possession of the subject land had already been transferred to the petitioners in the interim period. The Court granted leave to appeal to examine the scope of the Commissioner's power to withdraw acquisition proceedings once possession has been handed over to the acquiring party. The judgment focuses on the interpretation of statutory limitations regarding the withdrawal of acquisition orders and the protection of rights once possession is transferred. By granting leave, the Court established that the interplay between the power of withdrawal and the finality of possession transfer requires a definitive judicial determination to resolve whether the state retains the authority to rescind such acquisitions after a significant lapse of time and change in possession status.

  Questions settled

  • Can an order acquiring land be withdrawn by the Commissioner after the possession of the acquired land has already been handed over to the petitioners?
  • Does the power to withdraw land acquisition under Section 48 of the Land Acquisition Act 1894 persist after possession has been transferred?
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• M/s. National Electric Company of Pakistan vs Allied Bank of Pakistan1996 CLC 192 · Lahore High Court · 1995-08-08
  execution proceedingssale proclamationauction salematerial irregularityfraudlimitationundervaluation of propertybanking court
  Summary & questions settled

  This civil appeal arises from an order of the Special Court Banking dismissing the judgment-debtor's application under Order XXI, Rule 90, Code of Civil Procedure 1908, seeking to set aside an auction sale of attached property. The core legal questions involved whether a misstatement of the day and date in the sale proclamation, coupled with a fraudulent undervaluation of the property, vitiated the auction, and which article of the Limitation Act 1908 governed such an application. The Lahore High Court held that misrepresenting the day of the auction, material undervaluation, and discrepancies between the attached property and the proclamation amount to fraud and material irregularity, rendering the sale void ab initio. Consequently, such applications are governed by the residuary Article 181 rather than Article 166 of the Limitation Act 1908. The High Court laid down the principle that where fraud or material irregularity directly causes substantial injury to the judgment-debtor in execution proceedings, the auction sale must be set aside, and the executing court must independently verify all particulars in the sale proclamation.

  Questions settled

  • Whether a misstatement of the day and date in a sale proclamation constitutes a material irregularity or fraud sufficient to set aside an execution auction sale?
  • Which article of the Limitation Act 1908 governs an application to set aside an execution sale on the grounds of fraud and nullity?
  • Does a decree-holder's intentional undervaluation of attached property in a sale proclamation amount to a fraud on the court?
  • Is a court auctioneer entitled to commission when an auction sale is set aside due to misconduct and incorrect publication of the proclamation?
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• M/s. Najib Zarab Limited. vs Government Of Pakistan Through Ministry OfPTCL 1996 CL. 507 · Sindh High CourtRead full judgment →
• M/s. Millat Tractors Limited vs Punjab Labour Court No.3, Lahore and1996 SCMR 883 · Supreme Court of Pakistan · 1996-02-28
  labour court jurisdictionworkman reinstatementtermination of serviceindustrial disputemisconductgrievance procedureback benefits
  Summary & questions settled

  This matter concerns a petition for leave to appeal against a Lahore High Court judgment that upheld the reinstatement of a workman. The core legal question was whether a Labour Court possesses the jurisdiction to adjudicate a grievance application regarding the termination of a workman's services, particularly when the employer contends the termination was due to alleged fraud regarding educational qualifications and not an industrial dispute. The Supreme Court held that the Labour Court correctly exercised its jurisdiction under the Industrial Relations Ordinance, 1969. The Court reasoned that the West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968, explicitly provides that a workman aggrieved by termination may invoke the grievance procedure under Section 25-A of the Industrial Relations Ordinance, 1969. Furthermore, the Court found that the alleged submission of a non-genuine certificate did not constitute 'misconduct' as defined under Standing Order 15 of the Ordinance of 1968. The principle established is that a workman aggrieved by termination has no remedy other than the Labour Court, and the High Court cannot interfere with concurrent findings of fact in constitutional jurisdiction.

  Questions settled

  • Does a Labour Court have jurisdiction to entertain a grievance application regarding the termination of a workman's services?
  • Can a workman aggrieved by the termination of his services seek redress before a Civil Court?
  • Does the submission of a non-genuine educational certificate at the time of appointment constitute 'misconduct' under the West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance 1968?
  • Can the High Court interfere with concurrent findings of fact in a constitutional petition under Article 199 of the Constitution of Pakistan 1973?
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• M/s. Metco Ship-Breakers And Other vs Pakistan Through The Secratery,PTCL 1996 CL. 70 · Balochistan High CourtRead full judgment →
• M/s. Metal Containers (Pvt.) Ltd., Karachi vs Metal Containers1996 PLC 207 · Labour Appellate Tribunal · 1995-10-10Read full judgment →
• M/s. Malik Ice Factory, Karachi and others vs Muhammad Siddique and1996 PLC 307 · Labour Appellate Tribunal · 1996-01-17Read full judgment →
• M/s. Karimji Ebrahimji & Sons vs M/s Taj Company, LtdK.L.R. 1996 Civil Cases 258 · Sindh High Court · 1995-10-25Read full judgment →
• M/s. Kamran Industries vs The Collector of Customs (Exports),1996 P.C.T.L.R. 126 · Sindh High CourtRead full judgment →
• M/s. Kamran Industries vs The Collector Of Customs (Exports), Karachi And(PTCL 1996 CL. 1) · Sindh High CourtRead full judgment →
• M/s. Jodhpur Rajastan Cooperative Housing Society Limited vs Mst.1996 MLD 1141 · Sindh High Court · 1996-03-17Read full judgment →
• M/s. Fatima Enterprises Ltd. and others vs Government of Punjab and1996 SCMR 1015 · Supreme Court of Pakistan · 1995-01-24
  interim injunctionleave to appealmunicipal limitsproperty taxoctroiinterlocutory orders
  Summary & questions settled

  This matter comprises petitions directed against interlocutory orders of the Lahore High Court refusing to grant interim injunctions restraining the Municipal Committee and contractor from realizing property tax and octroi following the extension of municipal limits under the Punjab Local Government Ordinance, 1979. The core legal question concerned the propriety of refusing interim relief against tax and octroi realization where petitioners' mills were included within extended municipal boundaries by notification. The Supreme Court declined to grant leave to appeal, holding that it was not appropriate to decide controversial issues at the leave stage, and disposed of the petitions with the observation that the petitioners were at liberty to file fresh stay applications before the High Court to be decided in accordance with law. The key principle laid down is that appellate courts will generally decline interference with interlocutory orders refusing interim relief, leaving parties to seek fresh remedies before the original forum based on changed circumstances or new precedents.

  Questions settled

  • Whether the Supreme Court will interfere with interlocutory orders of the High Court refusing interim injunctions?
  • Can petitioners file fresh stay applications before the High Court after the dismissal of a petition for leave to appeal against interlocutory orders?
  • Whether extension of municipal limits renders industrial mills liable to pay property tax and octroi?
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• Nazar Muhammad and anothers vs The State and anothers1996 MLD 1894 · Lahore High Court · 1996-03-28Read full judgment →
• M/s. Euro Ceramics Limited vs Registrar of Trade Union and others1996 PLC 45 · Balochistan High Court · 1992-12-22
  trade union registrationcontractor workersworkman definitionindustrial relationsconstitutional petitionemployer right of hearing
  Summary & questions settled

  This Constitution Petition was filed by the petitioner employer challenging the registration of a trade union, Euro Ceramic Limited Employees Union, by the Registrar of Trade Unions under the Industrial Relations Ordinance, 1969. The core legal question was whether workers engaged through a contractor for the establishment can form a valid trade union and whether the employer has a right of hearing before the registration of such a union. The Balochistan High Court held that workers engaged through a contractor who perform duties connected with the regular production and affairs of the establishment fall within the definition of workmen, and their union is lawfully registered. The Court further held that the employer has no legal right to a hearing at the time of the registration of a trade union by the Registrar under the Ordinance, as the employer is not a necessary party to that administrative stage. The petition was accordingly dismissed with costs.

  Questions settled

  • Whether workers engaged through a contractor for an establishment's regular affairs qualify as workmen entitled to form a trade union?
  • Does an employer have a legal right of hearing before the Registrar of Trade Unions issues a certificate of registration to a trade union?
  • Can an employer challenge the registration of a trade union on the ground that its members are employed through an independent contractor?
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• M/s. Dadabhoy Padube Ltd., Karachi vs Muhammad Riaz and another1996 PLC 18 · Labour Appellate Tribunal · 1995-08-31Read full judgment →
• M/s. Cyanamid (Pak) Ltd. through Personnel Manager, Karachi vs1996 PLC 184 · Labour Appellate Tribunal · 1995-10-24Read full judgment →
• M/s. Albadar Timber and another vs United Bank of Pakistan Ltd. and1996 CLC 73 · Peshawar High Court · 1995-06-21Read full judgment →
• M/s, Quality Builders Ltd, Karachi vs M/s. National InsuranceK.L.R. 1996 Civil Cases 511 · Sindh High CourtRead full judgment →
• M/s) Flying Board and Paper Products vs Central Board of Revenue,1996 P.C.T.L.R. 265 · Lahore High Court · 1995-12-07Read full judgment →
• M/s Malik Board and Paper Industries (Pvt), .Limited, Lahore. vs The 1to,1996 P.C.T.L.R. 443 · Other · -Read full judgment →
• M/s Galaxy Constructions (Pvt) Ltd. vs DR. Khalid Mahmood DurraniK.L.R. 1996 Civil Cases 246 · Sindh High Court · 1995-10-01Read full judgment →
• Myzone Pak International vs Collector of Customs Exports and 31996 PLD Karachi 571 · Sindh High Court · 1995-10-26Read full judgment →
• Mvhammad Ikram vs The State1996 MLD 2038 · Lahore High Court · 1996-04-24Read full judgment →
• Mustajab Hasan and others vs Director Trade Organisations and others1996 CLC 1725 · Lahore High Court
  constitutional petitiontrade organizationselection disputelimitation periodvoid ordersjurisdiction failure
  Summary & questions settled

  This constitutional petition pertains to a dispute regarding the membership and elections of the Towel Manufacturers' Association of Pakistan. The core legal question involved whether the Director Trade Organizations lawfully refused to entertain the petitioners' representation challenging the election results and expulsion of voters on the ground of limitation. The Lahore High Court held that the representation concerning the Central Executive Committee elections was filed well within thirty days and that limitation does not run against allegedly void orders and fraudulent election processes. The Court ruled that the Director failed to exercise his statutory jurisdiction by dismissing the matter on technical grounds of time-bar without investigating foundational allegations of illegalities, including voter disenfranchisement and sham proceedings. The impugned order was declared void, and the Director was directed to decide the representation on merits within one month.

  Questions settled

  • Does limitation run against a void order or action in election disputes of trade organizations?
  • Can the Director Trade Organizations refuse to investigate election irregularities on the ground of limitation when a representation is filed within time?
  • Does a civil court possess jurisdiction over matters falling to be determined by the Director Trade Organizations?
  • Whether the non-disclosure of a withdrawn or pending civil suit bars the exercise of constitutional jurisdiction?
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• Muslim Foundation Trust and another vs Islamia University, Bahawalpur through Vice Chancellor and 2 others1996 CLC 1169 · Lahore High Court · 1995-01-04Read full judgment →
• Muslim Commercial Bank Ltd. vs Messrs Assets Developers (Pvt.) Ltd.1996 MLD 248 · Lahore High Court · 1995-03-29Read full judgment →
• Muslim Commercial Bank Ltd. vs Assets Developers (Pvt.) Ltd. and 31996 MLD 248 · Lahore High Court · 1995-03-29Read full judgment →
• Muslim Commercial Bank Ltd. vs Altaf Hussain and 3 otherss1996 CLC 722 · Sindh High Court · 1994-06-02
  banking recoveryinterestArticle 2Arepugnancy to Injunctions of IslamFederal Shariat Courtconstitutional interpretation
  Summary & questions settled

  The plaintiff bank filed a suit under the Banking Companies (Recovery of Loans) Ordinance, 1979, for the recovery of a loan with interest. The defendants contended that the charging of interest under the Ordinance and the Code of Civil Procedure, 1908, was repugnant to the Injunctions of Islam under Article 2A of the Constitution of the Islamic Republic of Pakistan, 1973, and thus ineffective. The Court, relying on the Supreme Court's decision in Mst. Kaneez Fatima v. Wali Muhammad, held that Article 2A is not a self-executing provision that empowers courts to strike down existing laws. The Court affirmed that the Constitution provides a specific mechanism, primarily through the Federal Shariat Court, to test the validity of laws against Islamic Injunctions. Consequently, the Court rejected the defendants' challenge, ruling that it lacked jurisdiction to declare statutory provisions void on the touchstone of Article 2A. The suit was decreed in favor of the plaintiff, including the claim for interest and costs.

  Questions settled

  • Can a court declare a statutory provision void on the touchstone of Article 2A of the Constitution of the Islamic Republic of Pakistan 1973?
  • Does Article 2A of the Constitution of the Islamic Republic of Pakistan 1973 empower courts to strike down laws for being repugnant to the Injunctions of Islam?
  • What is the appropriate constitutional mechanism for determining if a law is repugnant to the Injunctions of Islam?
  Read full judgment →
• Muslim Commercial Bank Ltd. through General Attorney and another vs Amir Hussain and another1996 SCMR 464 · Supreme Court of Pakistan · 1994-12-04
  labor lawmisconductdismissal from servicehandwriting expertgrievance petitionindustrial relationsburden of proof
  Summary & questions settled

  This appeal arose from a judgment of the Lahore High Court, which upheld the Punjab Labor Appellate Tribunal's decision to reinstate a bank employee dismissed for misconduct. The employee had been charged with ten counts of misconduct, of which the Inquiry Officer found seven proved. The Tribunal reinstated the employee, reasoning that because not all charges were established, the dismissal was unsustainable. The core legal questions were whether the failure to prove all charges vitiates a dismissal order in labor law, and whether the examination of a Handwriting Expert is mandatory to prove documents. The Supreme Court held that the rule invalidating orders due to unproven charges in detention cases does not apply to labor cases. Furthermore, the Court clarified that there is no legal requirement to examine a Handwriting Expert in every case, as courts may independently compare handwriting under Article 84 of the Qanun-e-Shahadat Order, 1984. Emphasizing the Labor Court's jurisdiction under Section 25-A(5) to determine if a dismissal is just and proper, the Court allowed the appeal and set aside the reinstatement order.

  Questions settled

  • Does the failure to prove all charges of misconduct in a domestic inquiry automatically vitiate an order of dismissal in labor cases?
  • Is it a mandatory requirement of law to examine a Handwriting Expert to prove documents in labor court proceedings?
  • What is the scope of the Labor Court's jurisdiction under Section 25-A(5) of the Industrial Relations Ordinance regarding the review of a dismissal order?
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• Muslim Commercial Bank Limited vs M.M. Traders and others1996 CLC 833 · Lahore High Court · 1994-12-11Read full judgment →
• Muslim Commercial Bank Limited vs M.M. Traders And Other1996 P.C.T.L.R. 58 · Lahore High Court · 1994-12-11Read full judgment →
• Mushtaq Hussain vs Collector Customs and 3 others1996 CLC 1319 · Peshawar High Court · 1996-03-04Read full judgment →
• Mushtaq Ali Kalhoro vs The State1996 P Cr. L J 1315 · Sindh High Court · 1996-01-09
  identification paradecapital punishmentcriminal appealeye-witness testimonyprocedural irregularitymurderacquittal
  Summary & questions settled

  This criminal appeal challenges the convictions and death sentences imposed by the Special Court for the murder of an A.S.I. The core legal question concerns the reliability of identification evidence and the validity of the identification parade conducted six months post-incident. The High Court held that the prosecution failed to prove the guilt of the appellants beyond reasonable doubt. The Court found the identification parade to be a "farce" due to procedural irregularities, including the witnesses having prior access to the accused while in police custody and the Magistrate failing to maintain proper control over the proceedings. The Court emphasized that for capital convictions, evidence must be inherently probable and consistent with the circumstances, regardless of the absence of witness animosity. It established that a long delay in holding an identification parade, combined with witnesses' inability to attribute specific roles to the accused or describe distinguishing features, renders such evidence unreliable. Consequently, the Court set aside the convictions and sentences, acquitting the appellants.

  Questions settled

  • Can a conviction in a capital case be sustained based on an identification parade where witnesses had prior access to the accused?
  • Does the absence of animosity or enmity between witnesses and the accused automatically render witness testimony reliable?
  • What is the evidentiary value of an identification parade where the Magistrate fails to ensure the separation of witnesses from the accused prior to the parade?
  • Is an identification parade valid if witnesses fail to attribute specific roles to the accused during the identification process?
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• Mushtaq Ahmed And Others vs The State1996 MLD 614 · Lahore High Court · 1994-12-20Read full judgment →
• Mushtaq Ahmed and 4 others vs The State1996 SCMR 520 · Supreme Court of Pakistan · 1994-11-27
  leave to appealsudden fightvicarious liabilityunlawful assemblysuppression of injuriescriminal appeal
  Summary & questions settled

  This petition for leave to appeal arises from a judgment of the Lahore High Court, which upheld the conviction and sentences of the petitioners for the murder of one Manak and causing injuries to two prosecution witnesses. The trial court had convicted the petitioners under sections 304/149, 324/149, and 148 of the Pakistan Penal Code 1860, sentencing them to rigorous imprisonment and compensation. The petitioners challenged these convictions, arguing that the incident constituted a sudden fight without premeditation, evidenced by injuries sustained by both the complainant and the accused parties during the same transaction. Consequently, they contended that the application of vicarious liability under section 149 of the Pakistan Penal Code 1860 was legally unsustainable, as each individual should be held responsible only for their specific acts. Furthermore, the petitioners alleged that the prosecution suppressed injuries sustained by the accused party. The Supreme Court found that the contentions raised regarding the nature of the occurrence and the applicability of vicarious liability required further examination. Accordingly, the Court granted leave to appeal and directed an early hearing due to the short sentences involved.

  Questions settled

  • Does a sudden fight without premeditation preclude the application of vicarious liability under section 149 of the Pakistan Penal Code 1860?
  • Is a conviction under section 149 of the Pakistan Penal Code 1860 sustainable when injuries sustained by the accused party are suppressed by the complainant?
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• Mushtaq Ahmad vs The State1996 PLD Supreme Court 574 · Supreme Court of Pakistan · 1996-04-09
  illegal possession of armsrecovery witnessesSection 103 Cr.P.C.police testimonycriminal appealprosecution evidencesearch and seizurecredibility of witnesses
  Summary & questions settled

  This matter concerns two criminal appeals filed against convictions for the illegal possession of a Klashnikov and a hand grenade. The core legal question was whether the convictions were sustainable given the prosecution's failure to associate independent public witnesses with the recoveries and a significant discrepancy regarding the date of the appellant's arrest. The Supreme Court allowed the appeals, setting aside the convictions and ordering the appellant's release. The Court held that the prosecution's case was fundamentally dishonest because the appellant's arrest on 12-4-1991 was proven to be earlier than the date alleged by the police (15-4-1991), a fact corroborated by newspaper evidence and police admissions. The Court established that Section 103 of the Code of Criminal Procedure is mandatory for searches of places in a locality to prevent chicanery. While police testimony is not inherently inadmissible, the failure to associate independent witnesses when available, combined with a dishonest prosecution narrative regarding the arrest, renders the recovery unreliable. The Court emphasized that police evidence must be scrutinized with extreme caution when the recovery itself constitutes the primary evidence of the offense.

  Questions settled

  • Is the requirement under Section 103 of the Code of Criminal Procedure to associate respectable inhabitants of the locality with a search mandatory?
  • Can the testimony of police officials alone be sufficient to prove a recovery when public witnesses were available but not associated?
  • Does a discrepancy regarding the date of arrest, when proven by independent evidence, render the entire prosecution case unreliable?
  • Under what circumstances can the failure to comply with Section 103 Cr.P.C. vitiate a search and recovery?
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• Mushtaq Ahmad vs Mst. Safia BibiK.L.R. 1996 Criminal Cases 635 · Lahore High Court · 1994-06-19Read full judgment →
• Mushtaq Ahmad vs Ch. Saeed Ahmad and another1996 SCMR 1649 · Supreme Court of Pakistan · 1996-06-18
  service tribunaltransfer and postingcivil servantdiscretion of competent authorityleave to appeal
  Summary & questions settled

  This petition for leave to appeal is directed against the judgment of the Punjab Service Tribunal, whereby the appeal of respondent No. 1 was accepted, allowing him to continue serving as Executive Engineer at Sargodha, while the petitioner had been posted in his place. The core legal question revolves around the validity of the transfer and posting orders of civil servants and the interference by the Service Tribunal in matters of departmental transfers. The Supreme Court held that the question of transfer is within the discretion of the competent administrative authorities, to be exercised equitably keeping in view the normal period of posting and exigencies of service. The Court laid down the principle that transfer is an administrative prerogative of the competent authority, and since the petitioner was already about to complete his normal tenure at the station, no legitimate exception could be taken to his transfer. Consequently, the petition for leave to appeal was dismissed.

  Questions settled

  • Whether the question of transfer of a civil servant falls within the discretion of the competent administrative authorities?
  • Can an officer be transferred before completing the exact normal period of posting for administrative reasons?
  • Whether the Supreme Court will interfere with the judgment of a Service Tribunal regarding the transfer of a civil servant near the completion of their tenure?
  Read full judgment →
• Musht Aq vs The State1996 P Cr. L J 1490 · Lahore High Court · 1995-02-21Read full judgment →
• Mushraf Khan vs Secretary, Food, Agriculture, Livestock, Dairy1996 PLC (C.S.) 412 · Khyber Pakhtunkhwa Service Tribunal · 1995-06-26Read full judgment →
• Musali Khan vs The Statff1996 MLD 493 · Peshawar High Court · 1995-11-26Read full judgment →
• Musali Khan vs The State1996 MLD 493 · Peshawar High Court · 1995-11-26Read full judgment →
• Murtaza Hussain and anothers vs The State and 4 others1996 P Cr. L J 510 · Sindh High Court · 1995-09-17Read full judgment →
• Murtaza Hussain And Another vs The StateK.L.R. 1996 Criminal Cases 290 · Sindh High Court · 1995-09-17Read full judgment →
• Murtaza Flour Mills (Pvt.) Ltd. and 2 others vs Federation of Pakistan1996 MLD 1273 · Sindh High Court · 1994-12-21Read full judgment →
• Murtaza Flour Mills (Pvt.) Ltd. And 2 Others vs Federation of Pakistan1996 MLD 1273 · Sindh High Court · 1994-12-21Read full judgment →
• Murtaza and 2 others vs The State and another1996 P Cr. L J 358 · Peshawar High Court · 1995-07-16
  sodomyconfessional statementretracted confessionlast seen evidencecriminal appealacquittal
  Summary & questions settled

  This criminal appeal challenges the judgment of the Additional Sessions Judge, Mardan, whereby the appellants were convicted under section 377 of the Pakistan Penal Code and sentenced to four years' rigorous imprisonment and fine. The initial charge against the appellants also included murder under section 302 read with section 34 of the Pakistan Penal Code, under which they were earlier acquitted due to a compromise. The core legal questions involved the reliability of the last seen evidence, the absence of medical evidence, and the voluntariness and evidentiary value of the retracted judicial confessional statements. The Peshawar High Court held that the prosecution failed to establish the last seen evidence due to a significant time lag and doubtful witness conduct, that no medical opinion was available due to the decomposed state of the body, and that the confessional statements were defective and involuntary because the Magistrate failed to properly assure the accused against police custody. Consequently, the court accepted the appeal, set aside the conviction and sentence, and acquitted the appellants.

  Questions settled

  • Does a considerable time lag between the last seen occasion and the subsequent death render last seen evidence a weak form of evidence?
  • Can a conviction under section 377 of the Pakistan Penal Code be sustained in the absence of medical evidence and when the sole confessional statement is found to be involuntary?
  • Are confessional statements rendered involuntary if the Magistrate fails to properly assure the accused that they will not be handed over to police custody regardless of whether they make a statement?
  Read full judgment →
• Murid Hussain and others vs Muhammad Sharif though his Legal Heirs1996 CLC 161 · Lahore High Court · 1995-10-04
  pre-emption suitpower of attorneystrict constructiongeneral power of attorneycompetency of attorneyinstitution of suitregular first appeal
  Summary & questions settled

  This Regular First Appeal was filed by the purchasers against the judgment and decree of the trial court, which had decreed a pre-emption suit filed by the general attorney of the pre-emptor. The appellants challenged the decree solely on the finding regarding Issue No. 9-A, arguing that the general attorney lacked the legal competence and specific authority under the power of attorney (Exh. D-13) to institute the pre-emption suit on behalf of the principal. The Lahore High Court examined the text of the power of attorney and held that powers of attorney must be strictly construed. The Court classified general powers of attorney into two types: those conferring unlimited authority regarding all present and future affairs/properties, and those restricted to specific properties or acts. Because Exh. D-13 pertained only to a specific property, it did not empower the attorney to file a suit for pre-emption regarding another property. Consequently, the High Court accepted the appeal, set aside the trial court's finding on Issue No. 9-A, and dismissed the pre-emption suit.

  Questions settled

  • Whether a power of attorney must be strictly construed when ascertaining the extent of authority conferred on an attorney?
  • Can a general attorney whose power of attorney is limited to a specific property institute a suit for pre-emption in respect of another property without specific authorization?
  • What is the legal distinction between an all-inclusive general power of attorney and a general power of attorney executed for a specific property or purpose?
  Read full judgment →
• Murid Hussain and 3 others vs The State1996 P Cr. L J 1643 · Lahore High Court · 1996-03-27Read full judgment →
• Murid Abbas vs The State1996 MLD 1049 · Lahore High Court · 1995-11-15Read full judgment →
• Murad Khan vs The State1996 MLD 1665 · Peshawar High Court · 1996-04-17Read full judgment →
• Munshi Muhammad Azam vs A.C. and others1996 PLC (C.S.) 415 · Lahore High Court · 1995-11-30
  civil servanttransfer and postingterms and conditions of servicejurisdiction of High Courtservice tribunalconstitutional barmala fide transferconstitutional petition
  Summary & questions settled

  This common judgment disposes of fifty-six writ petitions filed by civil servants of the Province of Punjab challenging the legality of their transfer orders. The core legal question determined by the court is whether Article 212 of the Constitution of Pakistan 1973 bars the jurisdiction of the High Court under Article 199 in matters concerning the posting and transfer of civil servants. The Lahore High Court held that the posting and transfer of a civil servant is an integral matter relating to the terms and conditions of service under Section 9 of the Punjab Civil Servants Act 1974, and consequently, the jurisdiction of the High Court under Article 199 is ousted by virtue of the constitutional bar under Article 212(2). The key principles laid down are that transfer orders affecting terms and conditions fall exclusively within the domain of the Punjab Service Tribunal; that civil servants retain the right to challenge transfer orders before the Tribunal on grounds of being mala fide, arbitrary, or violative of statutory rules and departmental instructions; and that administrative tribunals established pursuant to legislative acts satisfy the constitutional criteria under Article 212.

  Questions settled

  • Does Article 212 of the Constitution of Pakistan 1973 bar the jurisdiction of the High Court under Article 199 in matters relating to the transfer of a civil servant?
  • Whether the posting and transfer of a civil servant constitutes a matter relating to the terms and conditions of his service under the Punjab Civil Servants Act 1974?
  • Can a civil servant challenge an order of transfer before the Service Tribunal on the grounds of mala fide or arbitrary exercise of authority?
  • Does the requirement of filing a departmental representation or waiting period preclude the immediate availability of a remedy before the Service Tribunal so as to lift the constitutional bar under Article 212?
  Read full judgment →
• Munshi Amiruddin Ahmed vs Begum Shamsun Nahar1996 P.C.T.L.R. 799 · Other · -Read full judgment →
• Munir Bibi vs Khursheed Begum1996 SCMR 789 · Supreme Court of Pakistan · 1995-06-12
  Mukhbari applicationDisplaced Persons (Land Settlement) Actwrit jurisdictionquestion of factremand proceedingsfictitious personallotment cancellation
  Summary & questions settled

  This matter concerns a petition for leave to appeal against a Lahore High Court judgment that dismissed a writ petition challenging an order of a Notified Officer. The core legal question was whether the High Court correctly upheld the Notified Officer's finding that the respondent, Muhammad Sadiq, was a genuine person rather than a fictitious one, thereby rejecting a 'Mukhbari' application filed by the petitioners. The petitioners contended that the Notified Officer failed to summon certain records and questioned the officer's competence, alongside procedural objections regarding non-joinder of parties. The Supreme Court held that the question of whether the respondent was a fictitious person was a pure question of fact, concluded by the Notified Officer's appraisal of evidence, and was not subject to review in writ jurisdiction. Furthermore, the Court ruled that objections regarding the officer's competence and the non-joinder of parties, which were not raised before the High Court, could not be agitated for the first time in the Supreme Court. The petition was dismissed as devoid of merit.

  Questions settled

  • Is the question of whether an allottee is a fictitious person a question of fact not open to review in writ jurisdiction?
  • Can a party raise an objection regarding the competence of a Notified Officer for the first time before the Supreme Court?
  • Can a party raise an objection regarding the non-joinder of parties in previous proceedings for the first time before the Supreme Court?
  Read full judgment →
• Munir Ahmad and anothers vs The State1996 SCMR 477 · Supreme Court of Pakistan · 1994-07-05
  bailprohibitory clauseleave to appealcriminal procedurediscretionary relief
  Summary & questions settled

  This matter concerns a petition for leave to appeal against the refusal of the High Court to grant bail to the petitioners in a criminal case. The core legal question presented for the Supreme Court's consideration is whether, based on the specific facts and circumstances of the case, there existed reasonable grounds to believe that the petitioners were guilty of an offence falling within the prohibitory clause of Section 497 of the Code of Criminal Procedure 1898. Furthermore, the Court must determine whether the High Court exercised its discretion legally and correctly in denying the concession of bail to the petitioners. The judgment serves as a preliminary order granting leave to appeal, thereby setting the stage for a substantive review of the bail refusal. The principle established is that the Supreme Court will examine whether the lower court properly applied the criteria for bail under the prohibitory clause, specifically assessing if the evidentiary threshold for denying bail was met given the factual matrix of the case.

  Questions settled

  • Does the offence charged against the petitioners fall within the prohibitory clause of Section 497 of the Code of Criminal Procedure 1898?
  • Were there reasonable grounds to believe the petitioners were guilty of the offence charged?
  • Did the High Court correctly exercise its discretion in refusing to grant bail to the petitioners?
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• Municipal Committee, Haripur vs Haji Muhammad Nawaz and 83 others1996 SCMR 1491 · Supreme Court of Pakistan · 1995-07-05
  municipal limitsdemarcation reportwrit petitionconstitutional jurisdictionprivate marketleave to appeal
  Summary & questions settled

  This petition for leave to appeal arose from a judgment of the Peshawar High Court, which had accepted a writ petition filed by the respondents and declared certain notices issued by the Municipal Committee, Haripur, to be without lawful authority and of no legal effect. The respondents had started constructing a private fruit and vegetable market on land comprising specific Khasra numbers, which they maintained were situated outside the municipal limits. The petitioner committee had initially filed a civil suit for a declaration and injunction, which failed at the temporary injunction stage, and was subsequently withdrawn with permission to file afresh, but no fresh suit was filed. Instead, the petitioner obtained a new revenue report and issued notices under the N.-W.F.P. Local Government Ordinance, 1979, restraining the respondents. The core legal question was whether the disputed land was situated within or outside the municipal limits. The Supreme Court held that the High Court was justified in concluding, based on notifications and record examination, that the petitioner failed to prove that the disputed land fell within the municipal limits, and that the subsequent demarcation report appeared manipulated. The petition was accordingly dismissed.

  Questions settled

  • Whether the High Court can examine municipal notifications and revenue records in constitutional jurisdiction to determine disputed territorial limits?
  • Can a municipal committee establish that land falls within municipal limits based on a demarcation report obtained after withdrawing a civil suit on the same matter?
  • Whether notices issued under the N.-W.F.P. Local Government Ordinance, 1979, restricting construction are lawful when the land in question is situated outside municipal limits?
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• Municipal Committee, Gujrat vs Allah Ditta1996 MLD 1188 · Lahore High Court · 1994-04-18Read full judgment →
• Muneer Ahmad alias Munna vs The State1996 P Cr. L J 312 · Federal Shariat Court · 1995-07-05Read full judgment →
• Munda Apparel (Pvt.) Ltd., Karachi through Chief Executive vs Commissioner. Sindh Employees' Social Security Institution, Karachi and another1996 PLC 724 · Sindh High Court · 1995-08-27Read full judgment →
• Munazar alias Mazhari vs The State1996 P Cr. L J 1923 · Lahore High Court · 1995-12-19Read full judgment →
• Munaza Habib and others vs The Vice-Chancellor and others1996 SCMR 1790 · Supreme Court of Pakistan · 1994-05-09
  university regulationemergency powersVice-Chancelloracademic eligibilityconstitutional petitionmedical educationexamination attempts
  Summary & questions settled

  This matter concerns a petition for leave to appeal against a Lahore High Court judgment dismissing constitutional petitions filed by medical students. The petitioners, having failed to qualify the First Professional M.B.,B.S. Examination within four attempts, challenged a university regulation that rendered them ineligible for further medical education. The core legal question was whether the Vice-Chancellor acted within their jurisdiction under the University of Punjab Act, 1973, by issuing an emergency regulation limiting examination attempts without prior recommendation from the Academic Council or approval from the Syndicate. The Supreme Court held that the Vice-Chancellor possessed the authority to act in an emergency when the Academic Council and Syndicate were not in session, particularly to implement directives from the Pakistan Medical and Dental Council. Furthermore, the Court noted that the college prospectus explicitly notified students of the four-chance limit at the time of admission. Consequently, the Court affirmed the High Court's decision, ruling that the petitioners, having exhausted their allotted chances, had no legal right to demand further attempts. The judgment reinforces the validity of emergency powers exercised by university heads in administrative exigencies.

  Questions settled

  • Can a Vice-Chancellor exercise emergency powers under Section 15(3) of the University of Punjab Act, 1973, to issue regulations when the Academic Council and Syndicate are not in session?
  • Does a student have a vested right to additional examination attempts beyond the limit specified in the college prospectus at the time of admission?
  • Can a university regulation limiting the number of attempts for a professional examination be implemented retrospectively if it aligns with prior directives from the regulatory body?
  Read full judgment →
• Munawar Khan, Sub-Inspector vs The Deputy Inspector-General of Police, Lahore Range, Lahore and another1996 PLC (C.S.) 122 · Lahore High Court · 1995-04-11Read full judgment →
• Mumtaz Hussain and 5 others vs The State1996 SCMR 1125 · Supreme Court of Pakistan · 1994-02-12
  post-arrest bailcommon intentionfurther inquirycriminal liabilitydeadly weaponsbail adjudication
  Summary & questions settled

  This matter originated as a petition for leave to appeal against a judgment of the Lahore High Court, which refused bail to six petitioners charged under sections 302, 148, 149, 324, and 337-A(ii) of the Pakistan Penal Code (PPC). The core legal question concerned whether the petitioners were entitled to bail despite allegations of sharing a common intention in a violent incident involving deadly weapons. The Supreme Court distinguished between the petitioners based on their specific roles. It held that three petitioners who allegedly caused fatal injuries were rightly denied bail. However, the Court found that the remaining three petitioners, who were only alleged to have caused simple blunt injuries despite being armed, presented a case requiring further inquiry regarding their common intention. Consequently, the Court granted bail to these three petitioners, establishing that the mere presence of deadly weapons does not automatically preclude bail if the specific role and intent of an accused remain subject to further investigation at trial.

  Questions settled

  • Does the mere possession of deadly weapons by an accused during an incident automatically establish common intention for the purpose of bail?
  • Can bail be granted to specific co-accused in a murder case if their individual roles involve only simple injuries rather than fatal ones?
  • When does the question of common intention require further inquiry in bail proceedings?
  Read full judgment →
• Mumtaz and others vs The State1996 P Cr. L J 1203 · Lahore High Court · 1994-10-16Read full judgment →
• Mumtaz Ahmad and anothers vs The State1996 P Cr. L J 618 · Federal Shariat Court · 1995-06-13Read full judgment →
• Multan Development Authority through Director-General vs Muhammad1996 PLC 331 · Labour Appellate Tribunal · 1994-07-11Read full judgment →
• Mukhtar Ahmed vs The State1996 MLD 1307 · Lahore High Court · 1996-03-05Read full judgment →
• Mukhtar Ahmad vs Managing Director, PASSCO, Lahore and another1996 PLC 574 · Labour Appellate Tribunal · 1996-03-09Read full judgment →
• Mukhtar Ahmad Khan vs Muhammad Shujaat Khan and others1996 MLD 269 · Lahore High Court · 1995-07-10Read full judgment →
• Mukhtar Ahmad Khan vs Muhammad Shujaat Khan And Other1996 MLD 269 · Lahore High Court · 1995-07-10Read full judgment →
• Mukamil Shah vs The State1996 P Cr. L J 1153 · Federal Shariat Court · 1996-03-27Read full judgment →
• Mujahid Hussain Shah vs K.S.B. Pumps Company Ltd. and 2 others1996 PLD Supreme Court 787 · Supreme Court of Pakistan · 1995-11-22
  disciplinary proceedingsnatural justiceex parte inquirysecond show-cause noticelabour lawgrievance petitionmisconducttermination of service
  Summary & questions settled

  This appeal challenges a High Court judgment that restored a Labour Court's dismissal of the appellant's grievance petition, thereby upholding his termination from service. The core legal questions concerned whether the appellant was denied a fair opportunity of hearing, whether a second show-cause notice was mandatory before dismissal, and the validity of ex parte inquiry proceedings. The Supreme Court held that the inquiry was conducted fairly, noting that the appellant had sufficient opportunity to participate but chose to boycott proceedings. The Court affirmed that neither the law nor the principles of natural justice mandate a second show-cause notice before dismissal, provided the employee is informed of the charges and given an opportunity to defend themselves. Furthermore, the Court ruled that the employer has discretion in appointing an inquiry officer, and absent proof of bias, such appointments are valid. Concluding that the appellant failed to demonstrate prejudice or procedural irregularity, the Court dismissed the appeal, upholding the termination of the appellant's service.

  Questions settled

  • Is a second show-cause notice mandatory before the dismissal of a workman under the West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance 1968?
  • Does the failure to supply a copy of the inquiry report to an employee automatically vitiate disciplinary proceedings?
  • Can an employer exercise discretion in the appointment of an inquiry officer in disciplinary proceedings?
  • Does an employee's voluntary absence from inquiry proceedings constitute a valid ground for challenging an ex parte decision?
  Read full judgment →
• Mujahid Hussain Naqvi vs Chief Secretary, Azad Government of the State of Azad Jammu and Kashmir, Muzaffarabad and 2 others1996 PLC (C.S.) 770 · High Court of Azad Jammu and Kashmir · 1996-01-15Read full judgment →
• Muiiammad Waqar Khan and another vs Senior Member, Federal Land1996 MLD 281 · Peshawar High Court · 1995-03-20Read full judgment →
• Muhxmmad Hanif vs The State1996 P Cr. L J 478 · Lahore High Court · 1995-10-15
  abductionkidnappingbenefit of doubtsuspicion versus proofextra-judicial confessioncriminal appealappreciation of evidence
  Summary & questions settled

  This criminal appeal challenges the judgment of the Additional Sessions Judge, Mianwali, convicting the appellant under Section 364 of the Pakistan Penal Code and sentencing him to life imprisonment. The core legal question concerns whether the ingredients of abduction for murder were established when the trial court had acquitted the appellant of the main charge of murder under Section 302. The Lahore High Court held that the prosecution failed to prove the essential ingredients of kidnapping or abduction as defined under the law, since there was no evidence of force or deceitful inducement, and the sole witness's testimony lacked credibility. The court concluded that suspicion cannot take the place of proof and set aside the conviction and sentence, laying down the principle that failure to establish the foundational ingredients of an offence warrants an acquittal.

  Questions settled

  • Whether the essential ingredients of abduction under Section 362 of the Pakistan Penal Code are established when a person is merely called out from a shop without force or deceitful means?
  • Can a conviction under Section 364 of the Pakistan Penal Code be sustained when the foundational elements of kidnapping or abduction are absent?
  • Does suspicion, however strong, take the place of legal proof in a criminal trial?
  • Whether an accused can be convicted of an offence when the prosecution fails to prove its case beyond reasonable doubt?
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• Muhammadyaseen vs The State1996 P Cr. L J 1711 · Lahore High Court · 1996-07-10Read full judgment →