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.

• Raja Waheed Mehfooz vs Special Judge, Atc-II & 2 others2015 LHC 8339 · Lahore High Court · 2015-12-21Read full judgment →
• Raja Sajjad Ahmed Khan, Asc, ExViceChairman, Aj&K Bar Council vs Azad2016 PLJ AJ&K 33 · High Court of Azad Jammu and KashmirRead full judgment →
• Raja Sajjad Ahmed Khan, Advocate Supreme Court of Azad Jammu &2016 YLR 1050, 2017 PLJ AJ&K 1 · High Court of Azad Jammu and KashmirRead full judgment →
• Raja Sajjad Ahmed Khan vs Azad Government of the State of Jammu2016 PLJ AJ&K 33, 2016 YLR 332 · High Court of Azad Jammu and Kashmir · 2015-03-06Read full judgment →
• Raja Saeed Akram Khan, Jchief Engineer SFD&KF (Saudi Fund for Development and Kuwait Fund), Upper Chatter Muzaffarabad and another vs Recent Construction Company, Islamabad through Project Manager and 2 others2016 CLC 296 · Supreme Court of Azad Jammu and Kashmir · 2015-07-07Read full judgment →
• Raja Nazar Hussain vs Nawazish Ali and another2016 LHC 274, 2016 PLJ Lahore 615 · Lahore High Court · 2016-01-19
  gift mutationinheritancecivil revisionMarz-ul-Moutburden of proofrevenue recordpresumption of correctnessdeclaratory suit
  Summary & questions settled

  This civil revision challenged an appellate court judgment that reversed a trial court’s dismissal of a suit for declaration. The plaintiff, a nephew of the deceased donor, sought to invalidate a gift mutation, alleging the donor was of advanced age, suffered from "Marz-ul-Mout," and that the gift was fraudulent. The High Court observed that the donor remained alive for two years after the mutation without challenging it, establishing that third parties lack standing to challenge a gift the donor accepted during their lifetime. Furthermore, the Court held that the plaintiff’s failure to plead essential facts regarding the existence of other potential heirs constituted a fatal defect in the plaint. The Court emphasized that revenue records carry a presumption of correctness, and the burden of proof rests on the party challenging them. Additionally, the Court clarified that physical possession is not strictly required for gifts from a joint khata. Consequently, the High Court allowed the revision, set aside the appellate judgment, and restored the trial court's dismissal of the suit.

  Questions settled

  • Can a collateral challenge a gift mutation if the donor never disputed the transaction during their lifetime?
  • Does a failure to plead the specific entitlement of heirs in a suit for declaration constitute a fatal defect in the plaint?
  • Is the physical delivery of possession required for a gift made from a joint khata?
  • Does a death caused by fever constitute 'Marz-ul-Mout'?
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• Raja Nasir Khursheed vs Muhammad Zameer etc2021 [M] C L R 1120, 2016 LHC 4040 · Lahore High Court · 2016-09-07Read full judgment →
• Raja Mumtaz Ahmed Rathore, Additional Secretary, Azad Jammu and Kash_2adb9e012016-SC AJK-136 · Supreme Court of Azad Jammu and Kashmir · 2016-04-14
  writ petitionterms and conditions of serviceseniority and promotionlimitation perioddisputed questions of factcivil servant representation
  Summary & questions settled

  This appeal by leave of the Court arose from a High Court judgment dismissing the appellant's writ petition, which sought directions for the Speaker of the Legislative Assembly to decide his representations regarding seniority and promotion to Senior Additional Secretary (B-20). The core legal questions involved whether disputed questions of fact regarding receipt of representations could be resolved in writ jurisdiction, whether a statutory representation lay against promotion or fitness matters, and whether a time-barred challenge to a promotion order could be entertained. The Supreme Court of Azad Jammu and Kashmir held that disputed questions of fact regarding tampering of receipt registers cannot be resolved in writ proceedings, that no statutory provision or representation lies regarding the determination of fitness or promotion under the relevant civil servants laws, and that the belated challenge to the respondent's promotion order was barred by limitation. The Court laid down the principle that extraordinary writ jurisdiction cannot be invoked to bypass statutory limitations or to agitate matters of terms and conditions where no statutory right or provision supports the claim, and that disputed factual controversies regarding record tampering cannot be addressed in writ petitions.

  Questions settled

  • Whether disputed questions of fact regarding the tampering of an official receipt register can be resolved in writ jurisdiction?
  • Does a statutory representation lie against the determination of fitness or promotion of a civil servant under section 21 of the Azad Jammu and Kashmir Civil Servants Act 1976?
  • Can an aggrieved civil servant challenge a promotion order through a writ petition after the expiry of the prescribed period of limitation?
  • Whether a writ can be issued when the claim of a petitioner is not supported by any statutory provision or principle of law?
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• Raja Muhammad Naeeb Khan Thakar and 6 others vs De-Limitation Commission Azad Jammu and Kashmir through its Secretary Election Commission Azad Jammu and Kashmir, Muzaffarabad and 3 others2016 KLR Civil Cases 391 · High Court of Azad Jammu and KashmirRead full judgment →
• Raja Muhammad Mohsin Satti vs General Manager Pakistan Railways2016 PLC (C.S.) 151 · Lahore High Court · 2015-02-03
  constitutional petitiondismissal from serviceunauthorized absencejudgment in personamreinstatementbenefit of judgmentFederal Service Tribunal
  Summary & questions settled

  This constitutional petition was filed by a former railway employee seeking the setting aside of an order rejecting his representation against his dismissal from service and requesting reinstatement. The petitioner was dismissed under the Removal from Service (Special Powers) Ordinance, 2000 for unauthorized absence from duty via a consolidated order that also dismissed other employees. A co-employee successfully challenged the consolidated order before the Federal Service Tribunal (FST) and was reinstated. The petitioner contended that, under established Supreme Court precedent, the benefit of the FST decision should automatically extend to him as a similarly situated employee. The High Court rejected the petition, holding that the FST's judgment was an in personam decision based on specific factual circumstances and dates of absence unique to the co-employee. Because absence from duty requires factual inquiry and subjective determination, and given the petitioner's history as a habitual absentee, the FST's relief could not be automatically extended to him.

  Questions settled

  • Can a civil servant claim the benefit of a judgment passed in favour of a co-employee if the decision was rendered in personam on distinct factual grounds?
  • Does a consolidated dismissal order entitle all named employees to automatic reinstatement if one employee successfully challenges the order based on individual facts?
  • Whether the rule requiring extension of tribunal benefits to non-litigating civil servants applies to cases requiring subjective determination of absence from duty?
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• 1. Raja Muhammad Arif, Section Officer Works Department, Azad Govt. of2016 SC AJK 17 · Supreme Court of Azad Jammu and Kashmir · 2016-01-04
  service lawpromotionnatural justicecondemned unheardfinality of judgmentservice tribunallimitation period
  Summary & questions settled

  This appeal arose from a judgment of the Service Tribunal which had set aside a notification dated 23.10.2012 regarding the regular promotion of Private Secretaries and Superintendents to the post of Section Officer. The appellants, who were beneficiaries of the said notification, challenged the Tribunal's decision on the grounds that they were not impleaded as parties in the original proceedings, thereby violating the principle of natural justice by condemning them unheard. The core legal question was whether the appellants could challenge the Service Tribunal's judgment at this stage, given that the matter had already been adjudicated by the Supreme Court in a prior appeal. The Supreme Court held that the relief sought would effectively amount to a review of its own previous judgment, which is impermissible outside the prescribed limitation period for review petitions. Consequently, the Court dismissed the appeal, affirming that the matter had attained finality through previous litigation. The principle established is that a party cannot circumvent the limitation period for review by filing a fresh appeal against a judgment already adjudicated by the Supreme Court.

  Questions settled

  • Can a party challenge a Service Tribunal judgment on the grounds of being a non-party and unheard after the Supreme Court has already adjudicated the matter in a separate appeal?
  • Is it permissible to seek a review of a Supreme Court judgment by filing a fresh appeal instead of a review petition?
  • Does the principle of 'condemned unheard' apply when the underlying judgment has already been subject to final adjudication by the Supreme Court?
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• Raja Muhammad Arif, Section Officer Works Department, Azad Govt. of _8200c02c2016 SC AJK 201 · Supreme Court of Azad Jammu and Kashmir · 2015-05-05
  service tribunalpromotioncondemned unheardnecessary partysupreme court of ajk
  Summary & questions settled

  This appeal arises from a judgment of the Service Tribunal dated 31 December 2013, which partly accepted an appeal and set aside a notification dated 23 October 2012 regarding the regular promotion of private secretaries and superintendents to the post of Section Officer. The appellants, who were promoted under the said notification, contended they were not made parties before the Service Tribunal and were thus condemned unheard. The Supreme Court observed that the impugned judgment of the Service Tribunal had already been set aside in a previous round of litigation in Civil Appeal No.100 of 2014, and granting the relief claimed at this belated stage would amount to reviewing a prior judgment of the Court without a proper review petition. The Court held that the grievance regarding non-joinder of parties cannot be entertained when the matter has already been finally adjudicated by the Court. Consequently, the appeal was dismissed.

  Questions settled

  • Can a notification regarding promotion be set aside by the Service Tribunal without impleading the affected promotees as parties?
  • Whether an appellate court can review its earlier final judgment in the guise of a subsequent appeal?
  • What is the proper legal course when an aggrieved party fails to challenge a judgment within the prescribed period of limitation?
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• Raja Muhammad Amir & another vs Raja Muhammad Sher Afzal, etc.2016 LHC 3745 · Lahore High Court · 2016-12-22Read full judgment →
• Raja Muhammad Altaf Khan vs Sobia Tabassum and 6 others2016 YLR 2102 · Supreme Court of Azad Jammu and Kashmir · 2015-12-10Read full judgment →
• Raja Liaqat Ali vs Shehzad Alam and 3 others2016 PLD Peshawar 29 · Peshawar High Court · 2014-12-03Read full judgment →
• Raja Karam Dad vs Faiz Ahmad and others2016 LHC 1003 · Lahore High Court · 2016-03-31Read full judgment →
• Raja Ikhlaq Hussain Kiani Advocate Supreme Court, Ex-President Central Bar Association Azad Jammu & Kashmir ad others vs Chief Election Commissioner Azad Jammu & Kashmir Civil Secretariat Muzaffarabad and others Respondents Barrister Syed Iftikhar Hussain Gillani, Member2016 SC AJK 20 · Supreme Court of Azad Jammu and Kashmir · 2016-05-11Read full judgment →
• Raja Ikhlaq Hussain Kiani Advocate Supreme Court, Ex-President Central Bar Association Azad Jammu & Kashmir and 2 others vs Chief Election Commissioner Azad Jammu & Kashmir Civil Secretariat Muzaffarabad and 53 others2016 SC AJK · Supreme Court of Azad Jammu and Kashmir · -Read full judgment →
• Raja Haroon Rashid vs DHA2016 LHC 1190 · Lahore High Court · 2016-04-06Read full judgment →
• Raja Ghous Bux Bijarani vs Sardar Ghulam Abid Khan etc.2016-SCP-112 · Supreme Court of Pakistan · 2016-01-07
  election petitionbogus votesNADRA verificationcounterfoilselection resultfingerprint authenticationmaterially affected
  Summary & questions settled

  This election appeal arose from a dispute over the results of the election for PS-17 Kashmore-I, where the appellant, the runner-up, challenged the victory of the respondent. The appellant alleged that bogus votes were cast at ten specific polling stations and sought verification of counterfoils by NADRA. Following a NADRA report indicating that a significant number of votes could not be verified due to fingerprint quality or technical issues, the Election Tribunal declined to declare these votes bogus or invalidate the election result. The core legal question was whether unverified votes, merely by virtue of failing fingerprint authentication, should be excluded from the total count and whether such exclusion would materially affect the election result under the Representation of the People Act, 1976. The Supreme Court upheld the Tribunal's decision, holding that the mere inability of NADRA to verify fingerprints does not automatically render votes bogus. The Court established that to invalidate votes, there must be positive evidence of illegality, such as missing NICs, mismatched thumb impressions, or evidence of multiple impressions by a single person, rather than a failure of verification alone.

  Questions settled

  • Does the failure of NADRA to authenticate fingerprints on counterfoils automatically render those votes bogus?
  • What specific evidence is required to establish that votes are bogus in an election petition?
  • Can an election result be declared materially affected under Section 70(a) of the Representation of the People Act, 1976 based solely on unverified counterfoils?
  Read full judgment →
• Raja Ghous Bux Bijarani vs Sardar Ghulam Abid Khan and others2016 SCMR 769 · Supreme Court of Pakistan · 2016-01-07
  election petitionNADRA verificationbogus votescounterfoilsfingerprint matchingreturned candidatematerial effect on election result
  Summary & questions settled

  This matter arises from an election petition filed by the appellant, the runner-up in the election for PS-17 Kashmore-I, challenging the victory of the respondent returned candidate. The core legal question was whether unverified votes resulting from NADRA counterfoil reports that failed fingerprint matching or had bad quality fingerprints could automatically be presumed bogus and excluded from the total count under Section 70(a) of the Representation of the People Act, 1976, thereby materially affecting the election result. The Supreme Court held that unverified votes cannot simply be presumed bogus and excluded from the count without positive evidence showing that thumb impressions were missing, mismatched, or that ballot papers were fraudulently issued. The court upheld the Election Tribunal's judgment and dismissed the appeal. The key principle laid down is that failure of NADRA to verify counterfoils due to quality issues or matching inability does not ipso facto render those votes bogus or warrant their exclusion from the election count without substantive proof of illegal or corrupt practices.

  Questions settled

  • Can unverified votes due to failure of fingerprint matching by NADRA be automatically excluded from the total count as bogus votes?
  • Whether non-verification of counterfoils by NADRA alone is sufficient to prove that an election result has been materially affected under Section 70(a) of the Representation of the People Act, 1976?
  • What evidentiary threshold is required to declare votes as bogus based on a NADRA counterfoil report?
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• Raja Asif Khan vs Masood Ahmad Bhatti, etc.2016 IHC · Islamabad High Court · -
  Illegal Dispossession Actcriminal intentmens reademarcation errorcivil disputeland mafiaproperty grabbercriminal appeal
  Summary & questions settled

  This criminal appeal challenges the judgment of the Trial Court convicting the appellant under Section 3 of the Illegal Dispossession Act 2005. The core legal question concerns whether a genuine dispute over possession arising from an administrative mistake by municipal authorities in demarcating plots constitutes illegal dispossession under the Act, requiring proof of criminal intent (mens rea) and the involvement of property grabbers. The Islamabad High Court held that the dispute was essentially of a civil nature stemming from overlapping plot possessions and demarcation errors by Capital Development Authority officials, lacking the requisite criminal intent and elements of land grabbing. The Court ruled that the Illegal Dispossession Act does not apply to run-of-the-mill property disputes lacking mens rea and the credentials of a land mafia. Consequently, the conviction was set aside, the complaint was dismissed, and the appeal was allowed, granting the benefit of the doubt to the appellant.

  Questions settled

  • Does a property dispute arising from a municipal demarcation error constitute an offence under Section 3 of the Illegal Dispossession Act 2005?
  • Is proof of criminal intent (mens rea) a necessary prerequisite for conviction under the Illegal Dispossession Act 2005?
  • Can ordinary civil disputes over immovable property between individuals lacking the credentials of land grabbers be tried under the Illegal Dispossession Act 2005?
  • What is the legal effect of a defective charge and a lack of specific allegations regarding illegal dispossession in a complaint filed under the Illegal Dispossession Act 2005?
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• Raja Asif Khan vs Masood Ahmad Bhatti and others2016 P Cr. LJ 809 · Islamabad High Court · 2016-02-25
  illegal dispossessionland grabbingmens reacivil disputeproperty demarcationcriminal appealCapital Development Authority
  Summary & questions settled

  This criminal appeal challenged a conviction under Section 3 of the Illegal Dispossession Act, 2005, where the appellant was sentenced for allegedly dispossessing the respondent of a plot. The core legal question was whether a civil dispute regarding the demarcation and location of plots, arising from administrative errors by the Capital Development Authority (CDA), constitutes an offence of illegal dispossession under the Act. The Court held that the conviction was unsustainable, noting that the dispute was essentially civil in nature concerning plot identification. The Court emphasized that the Illegal Dispossession Act, 2005, is designed to target professional land grabbers and 'Qabza groups,' not ordinary civil disputes between parties over property boundaries. Crucially, the Court established that for a conviction under Section 3, the complainant must prove both the actus reus of dispossession and the mens rea (criminal intent) to grab property. Finding no evidence of criminal intent and noting the dispute arose from a bona fide mistake in plot allotment, the Court acquitted the appellant, ruling that the Act cannot be invoked for civil property disputes.

  Questions settled

  • Does the Illegal Dispossession Act, 2005 apply to civil disputes over property boundaries or possession between parties?
  • Is proof of criminal intent (mens rea) a necessary ingredient for a conviction under Section 3 of the Illegal Dispossession Act, 2005?
  • Can a dispute arising from an administrative error in plot demarcation be prosecuted as illegal dispossession?
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• Raja Arshad Mahmood vs Matloob Ellahi Paracha, etc.2016 IHC · Islamabad High Court · 2016-05-27Read full judgment →
• Raja Arshad Mahmood vs Matloob Ellahi Paracha and others-2016 YLR 2063 · Islamabad High Court · 2015-05-27Read full judgment →
• Raisuddin through Legal heirs vs Mst. Rabia Begum and 11 others2016 MLD 14 · Sindh High Court · 2014-11-10Read full judgment →
• Rai Hassan Nawaz vs Haji Muhammad Ayub & others2016 SCP 116 · Supreme Court of Pakistan · 2016-05-25Read full judgment →
• Rahimdad Mohammadani vs The StatePLJ 2016 Cr.C. (Karachi) 37, 2016 YLR 1642 · Sindh High Court · 2015-09-11
  abduction for ransomconviction in absentiarule of consistencybenefit of doubtfair trialappreciation of evidencecriminal appeal
  Summary & questions settled

  This criminal appeal challenges a trial court judgment that convicted the appellant in absentia for abduction for ransom. The core legal question was whether the conviction could be sustained when the prosecution's evidence, specifically the testimony of the abductee, failed to implicate the accused, and when co-accused facing the same charges and evidence had already been acquitted. The High Court held that the conviction could not be maintained. The court reasoned that the prosecution failed to discharge its burden of proof, as the star witness (the abductee) did not identify the accused, and the police testimony regarding identification was insufficient to overcome the resulting doubts. Furthermore, applying the rule of consistency, the court found the appellant entitled to the same acquittal granted to his co-accused. The court laid down the principle that where the prosecution's evidence is identical for multiple accused, and that evidence has been disbelieved or failed to implicate one, it cannot be relied upon to sustain the conviction of another, as doing so would violate the principles of justice and the benefit of doubt.

  Questions settled

  • Can a conviction in absentia be sustained when the same evidence has led to the acquittal of co-accused?
  • Does the failure of an abductee to identify the accused in court create a fatal dent in the prosecution's case for abduction?
  • Is a trial in absentia consistent with the right to a fair trial under Article 10-A of the Constitution of Pakistan 1973?
  • Can evidence that has been disbelieved regarding one accused be relied upon to convict another accused in the same case?
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• Rahimdad Mohammadani vs StatePLJ 2016 Cr.C. (Karachi) 37 · Sindh High Court · 2015-09-11
  rule of consistencyabduction for ransombenefit of doubttrial in absentiacriminal appealpolice identification
  Summary & questions settled

  This criminal appeal challenges the judgment of the trial court convicting the appellant in absentia for abduction for ransom under a trial involving multiple co-accused. The core legal question concerns whether the appellant is entitled to acquittal under the rule of consistency given that co-accused facing the same set of evidence and charges have already been acquitted by the appellate court, and whether police identification alone can sustain a conviction when the star witness (the abductee) fails to implicate the accused. The Sindh High Court held that since the primary evidence of the abductee did not support the prosecution's case and co-accused implicated on identical evidence had been acquitted, the appellant was entitled to the same legal treatment and benefit of the doubt. The court laid down the principle that the rule of consistency applies when co-accused are tried on the same evidence and that a conviction for abduction cannot safely rest solely on police identification when the victim does not identify the accused.

  Questions settled

  • Whether an accused tried in absentia is entitled to acquittal under the rule of consistency when co-accused facing the same evidence have been acquitted?
  • Can a conviction for abduction be sustained on the testimony of police officials alone when the primary victim fails to identify the accused?
  • Does a trial in absentia violate the right to a fair trial under Article 10-A of the Constitution of Pakistan 1973?
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• Rahim-Ul-Wahab and 3 others vs Haji Mir Ghalib Khan2016 YLR 11 · Peshawar High Court · 2015-05-04
  pre-emptionTalb-i-MuwathibatTalb-i-Ishhadpleadingsnon-mentioning of placerevision petition
  Summary & questions settled

  This civil revision petition arises out of a pre-emption suit where the plaintiff sought possession of the suit property through pre-emption, alleging he gained knowledge of the sale on a specific date and performed the requisite demands (Talb-i-Muwathibat and Talb-i-Ishhad). The trial court dismissed the suit because the plaintiff failed to mention the place of initial Talb-i-Muwathibat in the plaint. The district judge accepted the plaintiff's appeal and remanded the matter, leading to the present revision. The core legal question is whether the non-mentioning of the place of making Talb-i-Muwathibat in the plaint is fatal to a pre-emption suit under section 13 of the Khyber Pakhtunkhwa Pre-emption Act, 1987. The court held that mentioning the date, place, and time of performing Talb-i-Muwathibat in the plaint is mandatory, and failing to plead such essential particulars prevents a party from proving them through evidence and is fatal to the suit. The revision petition is accepted, setting aside the appellate court's judgment and restoring the trial court's dismissal.

  Questions settled

  • Whether the non-mentioning of the place of making Talb-i-Muwathibat in the plaint is fatal to a pre-emption suit?
  • Is it mandatory to mention the date, place, and time of the performance of Talb-i-Muwathibat in the plaint?
  • Can a party be permitted to lead evidence on a material fact that was not pleaded in the plaint?
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• Rahim Ud Din and others vs Sabahuddin and others2016 MLD 20 · Peshawar High Court · 2015-03-27
  admission policyself-finance schemeeducational institutionexecutive domainwrit petitionaccrued rightstrichotomy of powers
  Summary & questions settled

  This constitutional petition was filed by students who completed their B.Sc Forestry on a self-finance basis at the Pakistan Forest Institute, University of Peshawar. They challenged a provincial government notification and institute policy that abolished admissions on a self-finance basis for M.Sc Forestry from the 2014-15 session, claiming that their previous admission created an accrued right and violated Article 25-A of the Constitution. The Peshawar High Court dismissed the petition, holding that the framing of admission policies falls within the executive domain and courts should not interfere with such policies except in extraordinary circumstances or where jurisdictional errors exist. The Court observed that the Pakistan Forest Institute is primarily an in-service training institution rather than a public education institution, and the prospectus did not guarantee automatic admission to postgraduate programs. Consequently, the petitioners could not claim admission to M.Sc Forestry as a matter of right, and the policy decision to abolish the self-finance scheme was a valid exercise of executive authority.

  Questions settled

  • Whether students admitted to an undergraduate program on a self-finance basis acquire a vested right to automatic admission in a postgraduate program under the same scheme?
  • Can the High Court interfere with an educational institution's policy decision to abolish self-finance seats under its constitutional jurisdiction?
  • Does the framing and alteration of admission policies in public or semi-public educational institutions fall within the exclusive domain of the executive?
  Read full judgment →
• Rahim Din vs Stier KHANand others2016 YLR 1141 · Peshawar High Court · 2015-07-14Read full judgment →
• Rafiullah vs Additional Advocate-General, Peshawar High Court2016 P Cr. L J 437 · Peshawar High Court · 2015-07-31
  quashment petitionsuperdaricustody of vehiclesection 561-A CrPCbona fide purchaserquestion of title
  Summary & questions settled

  This quashment petition under Section 561-A of the Code of Criminal Procedure 1898 was filed against the order of the Sessions Judge/Zilla Qazi, which had set aside the Judicial Magistrate's order and placed a seized motorcar in police custody. The core legal question was whether temporary custody (superdari) of a seized vehicle should be granted to the person from whose possession it was recovered and in whose name the Excise and Taxation records stand, pending determination of ownership. The High Court allowed the petition and set aside the Sessions Judge's order, holding that the petitioner was a bona fide purchaser, the last possessor, and the registered owner according to verified Excise and Taxation Department records. The Court reiterated the principle that in disputes over vehicle ownership, custody is generally restored to the person from whom it was seized and who holds prima facie registered title, while the ultimate question of title must be determined by a Civil Court rather than a criminal court.

  Questions settled

  • Who is entitled to the interim custody (superdari) of a vehicle seized during a criminal inquiry when title is disputed?
  • Can a criminal court under Section 561-A Cr.P.C. conclusively determine the question of title and ownership of a disputed vehicle?
  • Does recovery of a vehicle from a bona fide purchaser with verified registration records entitle them to custody pending civil court adjudication?
  Read full judgment →
• Rafique Dawood & Others Avm (R) S. J. Raza Shamshad Ahmed SafdarAppellate Bench of Securities and Exchange Commission of Pakistan · -Read full judgment →
• Rafique Ahmad Awan vs Additional District Judge, Sialkot and another2016 PLD Lahore 282 · Lahore High Court · 2014-01-29Read full judgment →
• Rafiq Sodhar and 2 others vs The State2016 YLR 633 · Sindh High Court · 2015-04-01
  double murderanti-terrorismbhatta extortionocular testimonyballistic reportcriminal appealunlawful assembly
  Summary & questions settled

  This criminal jail appeal challenges the conviction and sentence of the appellants under Sections 302(b) and 149 of the Pakistan Penal Code 1860, read with Section 7(a) of the Anti-Terrorism Act, 1997, passed by the Anti-Terrorism Court, Naushehro Feroze. The prosecution case alleged that the appellants, along with absconding co-accused, formed an unlawful assembly, intercepted a car carrying the deceased individuals following a dispute over the demand for 'Bhatta', and committed a double murder through indiscriminate firing. The core legal questions revolved around the credibility of the eyewitnesses, the corroboration of ocular testimony with medical and ballistic evidence, the establishment of motive, and the sustainability of the conviction under the Anti-Terrorism Act, 1997. The Sindh High Court held that the prosecution successfully proved its case beyond a reasonable doubt through consistent eyewitness accounts, corroborating medical reports, positive ballistic findings, and an unexplained firearm injury sustained by one of the appellants at the scene. The appeal was consequently dismissed, upholding the trial court's judgment.

  Questions settled

  • Whether the relationship of eyewitnesses with the deceased is sufficient to discard their testimony in the absence of established hostility?
  • Does the failure of surviving eyewitnesses to sustain firearm injuries render their presence at the place of occurrence doubtful?
  • Whether an appellant's inability to explain his firearm injuries sustained during the incident constitutes a strong incriminating circumstance?
  • Whether minor contradictions in prosecution evidence affect the core merits of a criminal case?
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• Rafiq Haji Usman vs Chairman, NAB and anotherK.L.R 2016 S.C. 1 · Supreme Court of Pakistan · 2015-06-26
  post-arrest bailNAB referencecriminal breach of trustcivil disputecontractual breachentrustment of propertywhite-collar crime
  Summary & questions settled

  This petition concerns a request for post-arrest bail by an accused in a National Accountability Bureau (NAB) reference involving allegations of cheating and fraud related to a real estate project. The core legal question is whether a contractual dispute regarding the failure to deliver possession of residential units constitutes "criminal breach of trust" under Section 405, Pakistan Penal Code 1860, as incorporated into Section 9(x), National Accountability Ordinance 1999. The Supreme Court held that the dispute was essentially civil in nature, arising from a sale agreement rather than an entrustment of property. The Court ruled that the NAB Ordinance is not intended to settle civil contractual disputes where no criminal intent is established. Furthermore, the Court clarified that the payment of money for property development does not equate to "entrustment" under Section 405. The Court emphasized that bail should not be withheld as punishment and granted the petitioner bail, subject to the condition of depositing the disputed amount as security. The judgment establishes that civil contractual breaches do not automatically attract criminal liability under the NAB Ordinance without clear evidence of misappropriation or criminal intent.

  Questions settled

  • Does a dispute arising from a contract for the sale of immovable property constitute criminal breach of trust under Section 405 of the Pakistan Penal Code 1860?
  • Can the National Accountability Ordinance, 1999 be invoked to settle civil disputes between individuals?
  • Does the term public-at-large in Section 9(x) of the National Accountability Ordinance, 1999 include a small group of complainants?
  • Is the payment of money for the purchase of property equivalent to the entrustment of property required for a criminal breach of trust charge?
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• Rafiq Haji Usman vs Chairman NAB & Others2016 NLR Criminal 346 · Sindh High Court · 2014-11-27Read full judgment →
• Rafhan Best Foods Limited through Legal Manager vs Messrs Rashid and Brothers through Proprietor and 2 others2016 CLC 1197 · Lahore High Court · 2014-04-23Read full judgment →
• Rafat Malik Jamal vs Munawar Malik Jamal and 12 others2016 MLD 931 · Sindh High Court · 2015-11-23
  administration suitreview applicationrecording of evidencedelaying tacticsCode of Civil Procedureframing of issuesintervenors
  Summary & questions settled

  This matter concerns a review application filed in a long-pending administration suit initiated in 1998. The core legal question addressed was whether the applicant could challenge an order appointing a commissioner to record evidence regarding the status of intervenors as legal heirs, particularly when the case had been remanded by a Division Bench for expeditious disposal. The court held that the application was a calculated attempt to delay proceedings rather than a genuine challenge to the order. The court emphasized that under Order XIV Rule 5 of the Code of Civil Procedure 1908, the court possesses the authority to amend or frame issues at any stage before a decree to ensure the matter in controversy is resolved. Furthermore, the court clarified that the provisions for review under Section 114 and Order XLVII Rule 1 of the Code of Civil Procedure 1908, and the inherent powers for correcting clerical mistakes under Section 151 of the Code of Civil Procedure 1908, cannot be invoked simultaneously to frustrate judicial orders or impede the recording of evidence. The application was dismissed with costs.

  Questions settled

  • Can a court amend or frame additional issues at any time before passing a decree?
  • Can the provisions for review and the provisions for correction of clerical mistakes be invoked simultaneously?
  • Does the court have the power to appoint a commissioner to record evidence to ensure the expeditious disposal of a suit?
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• Rafaqat Ali, Younas & Shehzad cr Saju vs The State2016 NLR Criminal 530 · Supreme Court of Pakistan
  criminal appealidentification paradeinjured witnessocular testimonyextra-judicial confessionmurderdacoitydeath sentence
  Summary & questions settled

  This criminal appeal by leave of the Court arose from a judgment of the Lahore High Court concerning the conviction of the appellants under various provisions of the Pakistan Penal Code 1860 for house trespass, dacoity, murder, and murderous assault. The core legal questions involved the reliability of ocular testimony from injured witnesses, the necessity of identification parades when accused persons are identified in court, and the evidentiary value of extra-judicial confessions and weapon recoveries. The Supreme Court dismissed the appeal and upheld the convictions, holding that the testimony of natural and injured eyewitnesses who identified the accused in court inspires full confidence, rendering an identification parade unnecessary, particularly when those witnesses were hospitalized at the time the parade was held. The Court established that the absence of an identification parade is not fatal to the prosecution's case if the in-court identification is reliable and corroborated by medical evidence and positive forensic reports.

  Questions settled

  • Is holding an identification parade mandatory when accused persons are subsequently identified by injured eyewitnesses during trial?
  • Does the absence of an accused from an identification parade render their in-court identification inadmissible or fatal to the prosecution's case?
  • Can the uncorroborated extra-judicial confession made to a relative be solely relied upon to convict co-accused persons?
  • Whether positive forensic science laboratory reports matching recovered weapons with crime scene empties sufficiently corroborate ocular testimony?
  Read full judgment →
• Rafaqat Ali vs The State2016 YLR 2173 · Lahore High Court · 2015-11-10
  narcotics possessionpolice witness credibilityrecovery proceedingsSection 103 CrPCchemical examiner reportcriminal appeal
  Summary & questions settled

  This criminal appeal challenges the conviction of the appellant, Rafaqat Ali, who was sentenced to life imprisonment by the Sessions Judge, Gujranwala, for the possession of 40 kilograms of 'Poast' under Section 9(c) of the Control of Narcotic Substances Act, 1997. The core legal question was whether the conviction could be sustained based solely on the testimony of police officials, given the absence of independent public witnesses to the recovery. The Court dismissed the appeal, holding that the prosecution had successfully proved the charge beyond reasonable doubt. The Court affirmed that police officials are competent witnesses whose testimony is as credible as that of any other citizen, provided they are not shown to be inimical toward the accused. Furthermore, the Court reiterated that the non-association of public witnesses is not a legal requirement for a valid recovery, particularly given the general public reluctance to testify in such cases. The positive report from the Chemical Examiner further corroborated the ocular evidence provided by the police witnesses, justifying the maintenance of the conviction.

  Questions settled

  • Can a conviction for narcotics possession be sustained solely on the testimony of police officials?
  • Is the non-association of public witnesses in a recovery proceeding a fatal flaw to the prosecution's case?
  • Are police officials considered competent witnesses in criminal trials under Pakistani law?
  Read full judgment →
• Rafaqat Ali and otherss vs The State2016 NLR Criminal 530, 2016 PLJ SC 731, 2016 PSC Crl. 685, 2016 SCMR 1766 · Supreme Court of Pakistan · 2016-06-02
  identification paradein-court identificationinjured eyewitnessextra judicial confessionFSL reporthouse trespassmurder referencedacoity
  Summary & questions settled

  This criminal appeal, by leave of the court, arose from a Lahore High Court judgment confirming the death sentence of Appellant No. 1 (Rafaqat Ali) while commuting the death sentences of Appellants Nos. 2 and 3 (Younas and Shahzad) to life imprisonment in a case involving an armed night-time house intrusion resulting in three deaths and multiple injuries. The core legal issues centered on whether the absence of two injured eyewitnesses from the identification parade was fatal to the prosecution, whether identification of the accused for the first time in court was reliable, and whether corroborative evidence supported the convictions. The Supreme Court dismissed the appeal and upheld the High Court's judgment. The Court held that holding an identification parade is not mandatory in all cases. Where injured eyewitnesses are hospitalized during the parade, their subsequent natural, consistent, and confidence-inspiring in-court identification specifying the roles of the accused, corroborated by medical evidence and positive FSL reports on recovered crime weapons, is sufficient to prove guilt beyond reasonable doubt.

  Questions settled

  • Is holding an identification parade mandatory for the prosecution in all criminal cases?
  • Can the absence of injured eyewitnesses from an identification parade be excused due to their hospitalization?
  • Is an in-court identification of the accused by injured eyewitnesses sufficient to sustain a conviction without a prior identification parade?
  • Can forensic recovery of weapons matched with empties corroborate ocular evidence from natural family witnesses?
  Read full judgment →
• Rafaqat Ali and 2 others vs State2016 PLJ SC 731 · Supreme Court of Pakistan · 2016-06-02
  identification paradeocular evidenceinjured witnessesmurdercriminal appealforensic evidenceappreciation of evidence
  Summary & questions settled

  This criminal appeal challenges the Lahore High Court’s judgment regarding convictions for murder and related offenses. The core legal question was whether the prosecution’s case was fatally defective because two of the three appellants were not identified during an identification parade, and whether in-court identification by injured witnesses could sustain the conviction. The Supreme Court dismissed the appeal, affirming the convictions. The Court held that an identification parade is not a mandatory legal requirement but serves as a corroborative evidentiary tool. Where injured witnesses provide confidence-inspiring testimony in court, identifying the accused and detailing their specific roles, the absence of an identification parade does not invalidate the prosecution's case. The Court emphasized that ocular evidence, when corroborated by medical reports and positive forensic analysis of recovered weapons, is sufficient to establish guilt beyond reasonable doubt, even in nighttime occurrences, provided there was sufficient lighting. The Court affirmed that the trial court’s reliance on such consistent, natural, and corroborated testimony was legally sound, thereby rejecting the appellants' contentions regarding mistaken identity and lack of incriminating evidence.

  Questions settled

  • Is an identification parade a mandatory requirement for the prosecution to prove the identity of the accused?
  • Can the testimony of injured witnesses be relied upon to convict an accused who was not identified in an identification parade?
  • Does the absence of an identification parade render the prosecution's case fatally defective?
  • Is ocular evidence corroborated by medical evidence and forensic reports sufficient to establish guilt in a murder case?
  Read full judgment →
• Rabnawaz vs Special Judge, Anti-Terrorism Court, Sargodha and 52016 PLD Lahore 269 · Lahore High Court · 2015-06-22Read full judgment →
• Rab Nawaz vs The State and others2016 YLR 1341 · Lahore High Court · 2015-07-02
  post-arrest bailprohibited weaponsprohibitory clauseillicit arms traffickingheinous offencediscretionary relief
  Summary & questions settled

  The petitioner sought post-arrest bail in a case registered under Section 13(2)(c) of the Punjab Arms (Amendment) Act, 2015, following the recovery of a significant quantity of prohibited weapons and ammunition from his vehicle. The core legal question was whether the petitioner was entitled to bail given the nature of the offence and the statutory punishment prescribed. The Court held that the offence, which carries a maximum penalty of fourteen years imprisonment, falls within the prohibitory clause of Section 497 of the Code of Criminal Procedure 1898. Emphasizing the prevailing security situation and the threat posed by illicit arms trafficking, the Court determined that the petitioner, who was caught red-handed, did not deserve leniency. The Court laid down the principle that in cases involving heinous offences punishable with imprisonment exceeding ten years, the court must exercise its discretion to refuse bail, particularly when there is a risk of the accused absconding, tampering with evidence, or repeating the offence, and where sufficient incriminating material exists on the record.

  Questions settled

  • Does the possession of prohibited weapons under the Punjab Arms (Amendment) Act, 2015 fall within the prohibitory clause of Section 497 of the Code of Criminal Procedure 1898?
  • What factors should a court consider when exercising its discretion to refuse bail in cases involving heinous offences?
  • Is an accused person entitled to bail when caught red-handed with a large quantity of prohibited ammunition?
  Read full judgment →
• Rab Nawaz vs The State and 6 others2016 MLD 960 · Lahore High Court · 2015-02-12
  condonation of delayappeal against acquittallimitation periodrefiling of appealoffice objectionscriminal appeal
  Summary & questions settled

  This criminal matter arises from an application seeking condonation of delay in filing a criminal appeal against acquittal before the Lahore High Court. The core legal question concerns whether the delay in refiling an appeal after the removal of office objections can be condoned without showing compelling circumstances or satisfactorily explaining each day of delay, particularly when the appellant fails to act with vigilance. The court held that the delay cannot be condoned as the appellant failed to refile the appeal on the re-opening of the court after summer vacations and did not explain each day of delay, nor demonstrated any act of the respondents preventing timely filing. The key principles laid down are that equity aids the vigilant and not the indolent; that time specified for the removal of office objections must be strictly adhered to; and that in appeals against acquittal, delay will not be condoned absent compelling circumstances beyond the appellant's control or acts of the acquitted party precluding timely filing.

  Questions settled

  • Can delay in filing an appeal against acquittal be condoned without showing that the appellant was precluded from filing within time due to acts of the acquitted respondents?
  • Must each and every day of delay be satisfactorily explained in time-barred cases?
  • Does the failure to refile an appeal within the time specified by the office result in the extra time being excluded while computing the period of limitation?
  Read full judgment →
• Rab Nawaz vs The State and 5 others2016 P Cr. L J 320 · Sindh High Court · 2015-03-06
  illegal dispossessionland mafiacriminal revisionpossession disputerevenue record
  Summary & questions settled

  This criminal revision application under Sections 435 and 439 of the Code of Criminal Procedure 1898 was filed against the order of the IIIrd Additional Sessions Judge, Khairpur, which dismissed the applicant's complaint filed under Sections 3, 4, and 7 of the Illegal Dispossession Act 2005. The core legal issue was whether the provisions of the Illegal Dispossession Act 2005 apply to a longstanding civil land dispute where the respondents had been in possession of the property for nearly ten years. The High Court observed that revenue reports and the applicant's own legal notice established that the respondents had been in continuous possession of the subject land for several years. The court held that the Illegal Dispossession Act 2005 is intended to curb illegal dispossession by land mafias rather than to resolve long-standing civil or contractual possession disputes. Consequently, finding no illegality or impropriety in the trial court's order, the High Court dismissed the revision application.

  Questions settled

  • Whether the Illegal Dispossession Act 2005 applies to long-standing civil disputes over possession of land?
  • Can a complaint under the Illegal Dispossession Act 2005 be maintained where the respondents have been in continuous possession for a decade?
  • Is the jurisdiction under the Illegal Dispossession Act 2005 intended for land mafias rather than civil property disputes?
  Read full judgment →
• Rab Nawaz vs State and anotherPLJ 2016 Cr.C. (Lahore) 156 · Lahore High Court · 2015-07-08
  post-arrest bailunseen murderfurther inquirydelayed implicationsupplementary statementcriminal law
  Summary & questions settled

  This matter concerns a petition for post-arrest bail filed by the petitioner, Rab Nawaz, in connection with FIR No. 172/2015, registered for offences under the Pakistan Penal Code 1860, involving the alleged murder of the complainant's father. The core legal question is whether the petitioner is entitled to bail given the nature of the evidence and the circumstances of his implication. The Court observed that the incident was an unseen murder, and the petitioner was not initially nominated in the FIR, but was implicated only after a two-month delay through a supplementary statement. Furthermore, no recovery was effected from the petitioner, and the prosecution lacked direct evidence connecting him to the offence. Noting that co-accused had already been granted bail and that the petitioner's involvement required further inquiry, the Court held that the petitioner was entitled to relief. The principle laid down is that where an accused is implicated with significant delay, lacks direct evidence connecting them to the crime, and co-accused have already been granted bail, the case falls within the ambit of further inquiry, justifying the grant of post-arrest bail.

  Questions settled

  • Does the implication of an accused in a supplementary statement after a significant delay warrant the grant of post-arrest bail?
  • Is an accused entitled to bail when the case is based on an unseen murder and lacks direct evidence connecting the accused to the crime?
  • Does the grant of bail to co-accused provide a ground for the grant of bail to a petitioner similarly situated?
  Read full judgment →
• Rab Nawaz and others vs Civil Judge and others2016 MLD 908 · Peshawar High Court · 2015-05-11
  return of plaintjurisdictionfatal accidents actworkmen's compensationframing of issuesmandatory provisionsremand
  Summary & questions settled

  This appeal was filed by the legal heirs of a deceased worker against the order of the Civil Judge returning their plaint for recovery of damages under the Fatal Accidents Act on the ground of lack of jurisdiction under the Workmen's Compensation Act, 1923. The core legal question was whether the trial court could return the plaint for lack of jurisdiction after framing issues, recording evidence, and concluding the trial, without giving findings on all framed issues as mandated by law. The Peshawar High Court held that once issues are framed and evidence is recorded, the trial court is bound by Order XX Rule 5 of the Code of Civil Procedure, 1908 to render a decision with reasons upon each separate issue, rather than leaving pivotal issues like employment status undecided and returning the plaint at the conclusion of the trial. The key principle laid down is that a trial court cannot bypass recording findings on all issues after a full trial and must strictly adhere to the mandatory requirements of Order XX Rule 5, C.P.C.

  Questions settled

  • Whether a trial court can return a plaint for lack of jurisdiction after concluding the trial and recording evidence without giving findings on all framed issues?
  • Does the failure of a trial court to record findings on each separate issue violate Order XX Rule 5 of the Code of Civil Procedure, 1908?
  • Whether a civil court suit for damages under the Fatal Accidents Act is barred by Section 19 of the Workmen's Compensation Act, 1923 without determining the employment status of the deceased?
  • What is the legal consequence when a trial court decides a suit on a preliminary issue of jurisdiction after the entire trial has already been conducted?
  Read full judgment →
• Rab Nawaz and 2 others vs State and another RespondentsPLJ 2016 Cr.C. (Lahore) 825 · Lahore High Court · 2016-01-22
  post-arrest bailmedical evidenceFIR discrepanciesmurderfurther inquiryprivate complaint
  Summary & questions settled

  This matter concerns a petition for post-arrest bail filed by the petitioners, who were accused in FIR No. 282/2015 for offenses under Sections 302, 147, and 148 of the Pakistan Penal Code 1860. The prosecution alleged that the petitioners, along with a co-accused, assaulted the deceased, Sikandar Hayat, causing his death through physical blows. The core legal question was whether the petitioners were entitled to bail given the discrepancies between the FIR allegations and the medical evidence, as well as the subsequent improvements made in a private complaint. The Court observed that the autopsy revealed only minor injuries, contradicting the allegation of fatal beating, and noted that the prosecution's version had significantly evolved in a later private complaint. Furthermore, a co-accused had already been granted bail. Holding that the petitioners' culpability required deeper scrutiny at trial, the Court granted post-arrest bail. The key principle laid down is that where medical evidence contradicts the ocular account and significant improvements are made in the prosecution's narrative, the case warrants further inquiry, justifying the grant of bail to the accused.

  Questions settled

  • Does a contradiction between the medical report and the FIR allegations justify the grant of post-arrest bail?
  • Can the improvement of a prosecution version in a subsequent private complaint be considered a ground for bail?
  • Is the grant of bail to a co-accused a relevant factor in considering the bail application of other accused persons?
  Read full judgment →
• Qurban Ali vs Registrar, Lahore High Court, Lahore S.A.2016 PLC (C.S.) 16 · Subordinate Judiciary Service Tribunal · 2015-06-19
  departmental examinationgrace marksstatutory interpretationcivil servantdiscretionary powerservice tribunalmandatory duty
  Summary & questions settled

  This appeal challenges the discharge of a Civil Judge-cum-Judicial Magistrate from service following his failure to qualify in Paper-V (Accounts) of the departmental examination. The appellant, having secured 73 out of 120 marks where 79 were required, contended that he was entitled to 6 grace marks under Rule 9 of The Punjab Civil Judges Departmental Examination Rules, 1991. The core legal question was whether the word "may" in Rule 9 confers discretionary power or imposes a mandatory duty on the Committee to grant grace marks. The Tribunal held that while "may" is generally permissive, it must be construed as mandatory when a power is coupled with a duty to effectuate a legal right. The Tribunal determined that Rule 9 imposes a ministerial duty to grant grace marks to candidates falling short by five percent, leaving no room for arbitrary denial or policy-based refusal. Consequently, the notification of discharge was set aside, and the respondent was directed to reconsider the appellant's case for grace marks and reinstatement.

  Questions settled

  • Does the word 'may' in a statute or rule always confer discretionary power?
  • Can a public authority fetter its statutory discretion by adopting an inflexible policy?
  • Is the power to grant grace marks under Rule 9 of The Punjab Civil Judges Departmental Examination Rules, 1991, mandatory or discretionary?
  Read full judgment →
• Quice Food Industries Limited Suit No.B-6, Rahat Jo Dero, Tariq Road_e5112712Appellate Bench of Securities and Exchange Commission of Pakistan · -Read full judgment →
• Quice Food Industries Limited Suit No.B-6, Rahat Jo Dero, Tariq Road_8eb48bbcAppellate Bench of Securities and Exchange Commission of Pakistan · -Read full judgment →
• Quice Food Industries Limited Suit No.B-6, Rahat Jo Dero, Tariq Road_3d07d5feAppellate Bench of Securities and Exchange Commission of Pakistan · -Read full judgment →
• Qudrat Sher and another vs Mst. Mumtaza and another2016 YLR 787 · Peshawar High Court · 2015-10-20Read full judgment →
• Quality Steel Works Ltd. D/22, S.I.T.E Manghopir Road Karachi 75700 vsAppellate Bench of Securities and Exchange Commission of Pakistan · -Read full judgment →
• Quality Steel Works Ltd. D/22, S.I.T.E Manghopir Road Karachi 75700 Mr.Appellate Bench of Securities And Exchange Commission of Pakistan · -Read full judgment →
• Quality Steel Works Ltd. D/22, S.I.T.E Manghopir Road Karachi 75700 2. Mr.Appellate Bench of Securities and Exchange Commission of Pakistan · -Read full judgment →
• Qazi Shaheen Iqbal vs Haji Muhammad Sadiq2016 NLR Civil 397 · Peshawar High Court · 2014-11-17Read full judgment →
• Qazi Noor Muhammad and 3 others vs KH. Abdul Hamid Ali and 2 others2016 PLJ Lahore 287 · Lahore High Court · 2015-05-21Read full judgment →
• Qazi Muhammad Zafar Naveed vs Appellate Authority, etc.2016 LHC 418, K.L.R. 2016 Civil Cases 134 · Lahore High Court · 2016-02-04Read full judgment →
• Qazi Muhammad Zafar Naveed vs Appellate Authority etc.2016 LHC 418 · Lahore High Court · 2016-02-04Read full judgment →
• Qazi Liaqat Ali Qureshi, Muhammad Rafique Chaudhary, Muhammad2016 PLC (C.S.) 982 · Supreme Court of Azad Jammu and Kashmir · 2015-11-03
  ad-hoc appointmentcivil service recruitmentwrit petition maintainabilitysuppression of factsmerit-based appointmentregularization of serviceAzad Jammu and Kashmir
  Summary & questions settled

  This matter involves several civil appeals concerning the appointment and regularization of Tehsil Qazis within the Azad Jammu and Kashmir civil service. The appellants, who were initially appointed on an ad-hoc basis, sought permanent induction or challenged recruitment quotas and processes. The core legal questions addressed were whether a subsequent writ petition is maintainable while an earlier petition on the same subject is pending, and whether qualifying a test for an ad-hoc appointment confers a legal right to permanent regularization. The Court held that subsequent writ petitions filed without disclosing the pendency of earlier petitions are not maintainable due to the suppression of facts. Furthermore, the Court affirmed that ad-hoc appointments do not create a vested right to permanent induction. The key principle laid down is that all civil service appointments must be made strictly through a transparent, merit-based open competition process. Courts cannot invoke inherent powers to grant relief on compassionate grounds, such as age relaxation, where such relief would contravene established statutory recruitment laws and constitutional mandates regarding equality before the law.

  Questions settled

  • Is a subsequent writ petition maintainable when an earlier petition on the same subject matter is pending?
  • Does qualifying a test and interview for an ad-hoc appointment confer a legal right to permanent induction into civil service?
  • Can a court grant relief on compassionate grounds, such as age relaxation, in contravention of established recruitment laws?
  Read full judgment →
• Qazi Fida-Ur-Rehman vs The State and another2016 YLR 2460 · Peshawar High Court · 2016-04-20
  post-arrest bailwheat embezzlementsubstandard wheatfurther inquiryanti-corruption
  Summary & questions settled

  The petitioner, serving as a District Food Controller, sought post-arrest bail in a case registered under sections 409 and 420 of the Pakistan Penal Code 1860 read with section 5(2) of the Prevention of Corruption Act 1947, regarding the alleged embezzlement and purchase of substandard wheat causing loss to the government exchequer. The core legal question was whether the petitioner was entitled to post-arrest bail given the nature of the allegations and the evidence collected during investigation. The Peshawar High Court held that the case fell within the ambit of further inquiry to determine the petitioner's responsibility at trial, and noting that the accused was a government official with no likelihood of absconding, accepted the bail petition. The key principle laid down is that where the analyst report shows wheat is fit for human consumption and the matter requires further inquiry into the official's responsibility, post-arrest bail ought to be granted.

  Questions settled

  • Whether the alleged embezzlement and purchase of substandard wheat by a public servant warrants post-arrest bail when the public analyst report declares the food fit for consumption?
  • Does a case fall within the scope of further inquiry under section 497(2) of the Criminal Procedure Code when the responsibility of the accused government official requires determination at trial?
  • Is a government official entitled to bail on the ground that there is no likelihood of absconding?
  Read full judgment →
• Qayyum Khan vs Divisional Forest Officer, Mardan Wildlife Division, Mardan and otherss2016 SCMR 1602, 2016 SCP 16, 2016 PLJ SC 722 · Supreme Court of Pakistan · 2016-02-25
  contract employeeregularization of servicestermination of servicediscriminationreinstatementback benefits
  Summary & questions settled

  This civil appeal by leave of the Court challenges the order of the Peshawar High Court dismissing the review petition filed against the dismissal of a writ petition regarding the termination of the appellant's service. The core legal question concerns whether a contract employee whose project was converted into permanent posts is entitled to regularization and protection against discriminatory termination. The Supreme Court held that the appellant was discriminated against by the government through selective replacement and that his case was covered by settled principles where similarly placed employees were regularized. The Court laid down the principle that contract employees in projects taken over and regularized by the government cannot be arbitrarily terminated and replaced through cherry-picking, and are entitled to reinstatement and associated benefits.

  Questions settled

  • Whether a contract employee whose project post is converted into a permanent post is entitled to regularization?
  • Can the government terminate a contract employee and appoint another person through selective replacement after taking over a project?
  • Is an employee discriminated against when similarly placed project employees are allowed induction on a regular basis while his services are terminated?
  Read full judgment →
• Qayyum Khan vs Divisional Forest Officer, Mardan Wildlife Division, Mardan2016 SCP 16 · Supreme Court of Pakistan
  contract employmentregularization of servicesdiscriminatory terminationservice lawback benefitspensionary benefitsproject employees
  Summary & questions settled

  This appeal challenges the Peshawar High Court's dismissal of a review petition concerning the termination of the appellant's employment as a Wildlife Watcher. The appellant was initially appointed on a contract basis, and subsequently, the project was converted into permanent posts by the provincial government. While other similarly situated employees were regularized, the appellant's services were terminated, and another individual was appointed in his place. The core legal question was whether the appellant was entitled to regularization and continuation of service following the conversion of project posts into permanent ones, given the principle of non-discrimination. The Supreme Court held that the appellant was discriminated against, as his situation was materially indistinguishable from other employees who were regularized. Consequently, the Court set aside the impugned judgments, ordered the appellant's reinstatement from the date of termination, and granted him back benefits and pensionary credit for the intervening period. The key principle laid down is that the government cannot arbitrarily terminate contract employees and 'cherry-pick' replacements when project posts are converted to permanent status, as this violates the principle of non-discrimination.

  Questions settled

  • Does the conversion of project posts into permanent posts entitle existing contract employees to regularization?
  • Can the government arbitrarily terminate contract employees and appoint others when project posts are regularized?
  • Is a contract employee entitled to back benefits and pensionary credit upon reinstatement following discriminatory termination?
  Read full judgment →
• Qayyum Khan vs Divisional Forest Officer, Mardan and others2016 SCMR 1602 · Supreme Court of Pakistan · 2016-02-25
  contract employeeregularization of servicestermination of servicediscriminationwildlife watcherback benefitspensionary benefits
  Summary & questions settled

  This appeal by leave of the Court is directed against the order of the Peshawar High Court dismissing a review petition filed against the dismissal of a writ petition challenging the termination of the appellant's services as a Wildlife Watcher. The core legal question concerns whether a contract employee whose project post is converted to a permanent post can be arbitrarily terminated and discriminated against while similarly placed employees are regularized. The Supreme Court held that the appellant was discriminated against by being denied continuation or regularization while others were allowed induction, rendering his termination unlawful. The Court laid down the principle that contract employees whose project posts are converted or taken over by the government cannot be subjected to arbitrary termination and cherry-picking, and are entitled to equal treatment and reinstatement along with back benefits and pensionary counting for the intervening period when similarly placed persons are regularized.

  Questions settled

  • Whether a contract employee whose project post is converted into a permanent post is entitled to regularization on parity with similarly placed employees?
  • Can the government terminate a contract employee upon taking over a project and appoint another person in their place through cherry-picking?
  • Whether an employee unlawfully terminated from a project taken over by the government is entitled to reinstatement and back benefits?
  Read full judgment →
• Qayyum and anothers vs The State and anothers2016 MLD 1694 · Lahore High Court · 2015-09-29
  pre-arrest bailbail before arrestdelay in FIRfalse implicationcivil litigationtentative assessment
  Summary & questions settled

  This matter comes before the Lahore High Court through a petition filed under Section 498 of the Code of Criminal Procedure 1898, wherein the petitioners sought pre-arrest bail in respect of case FIR No. 260/15 registered at Police Station Zafarwal, District Narowal, for offences under Sections 337A(ii), 337F(i), 337F(iii), 337L(2), 148, and 149 of the Pakistan Penal Code 1860. The core legal question revolves around whether the petitioners are entitled to confirmation of pre-arrest bail given the unexplained delay in lodging the FIR, general allegations without specific attribution, pre-existing civil litigation, and completion of the investigation. The Court held that the petitioners have made out a case for pre-arrest bail, confirming the ad interim bail already granted. The key principles laid down include that unexplained delay in FIR registration points towards deliberation, general allegations without specific roles assigned warrant pre-arrest relief, and pre-existing civil litigation between parties creates a strong possibility of false implication.

  Questions settled

  • Whether unexplained delay in the registration of an FIR warrants the grant of pre-arrest bail?
  • Does the attribution of general allegations without specific roles justify confirmation of pre-arrest bail?
  • Can pending civil litigation between parties be considered a ground for potential false implication in criminal proceedings?
  • Whether pre-arrest bail can be confirmed when the accused have already joined the investigation and no useful purpose would be served by their incarceration?
  Read full judgment →
• Qasim Rafique vs Muhammad Rafique through L.Rs. and others2016 YLR 423 · Lahore High Court · 2015-04-07Read full judgment →
• Qasim Mahmood vs State2016 PHC · Peshawar High Court · 2016-11-21Read full judgment →
• Qasim Ijaz vs The State and another2016 MLD 48 · Lahore High Court · 2014-06-04
  compromiseqisasmitigating circumstancemurdersodomysentence reductionconfessional statement
  Summary & questions settled

  This criminal appeal and connected murder reference arise from a judgment of the trial court convicting the appellant under Section 302(b) and Section 377 of the Pakistan Penal Code 1860, resulting in a sentence of death and imprisonment respectively. During the pendency of the appeal, an application for acquittal was filed based on a compromise reached between the appellant and the legal heirs of the deceased. The core legal questions involved the verification and acceptance of the compromise regarding the compoundable murder charge, and whether the said compromise or the appellant's confessional statement could be treated as mitigating circumstances for reducing the sentence under the non-compoundable offence of sodomy. The Lahore High Court held that the compromise regarding the murder charge was genuine and voluntary, leading to the acquittal of the appellant under Section 302(b). Furthermore, the Court held that a compromise in a compoundable offence and a voluntary confession can serve as mitigating circumstances to reduce the sentence for a related non-compoundable offence. The key principles laid down are that courts may accept compromises in murder cases during regular proceedings to promote harmony, and that such a compromise coupled with remorse can justify reducing the sentence for non-compoundable offences.

  Questions settled

  • Can a compromise between the legal heirs of a deceased and an accused charged with murder under Section 302 P.P.C. be accepted during regular appellate proceedings?
  • Whether a compromise effected in a compoundable offence can be considered as a mitigating circumstance for reducing the sentence in a non-compoundable offence?
  • Does a voluntary confessional statement made by an accused constitute an extenuating circumstance for taking a lenient view in sentencing?
  Read full judgment →
• Qasim Hussain vs The Punjab Vocational Training Council and others2016 PLC (C.S.) 616 · Lahore High Court · 2015-07-29
  disciplinary proceedingsPEEDA Actremoval from serviceenhancement of penaltyinquiry officer recommendationscompetent authoritymaster and servant
  Summary & questions settled

  This writ petition challenges the orders of dismissal from service and recovery of an amount passed against the petitioner, who was serving as a Principal, following disciplinary proceedings under the PEEDA Act, 2006. The core legal question was whether the Competent Authority could enhance the penalty recommended by the inquiry officer to removal from service without recording proper reasons, without issuing a notice of disagreement, and without reference to the evidence on record. The Lahore High Court held that while the Competent Authority is not bound by the recommendations of the Inquiry Officer, any disagreement with the proposed penalty and subsequent enhancement requires a reasoned order, conscious application of mind, and notice to the affected employee. The Court set aside the impugned orders of removal and remand the matter back to the Competent Authority for a fresh decision in accordance with the law and available evidence.

  Questions settled

  • Whether the Competent Authority is bound by the recommendations of the Inquiry Officer regarding the award of penalty under the PEEDA Act, 2006?
  • Is it mandatory for the Competent Authority to issue a notice and record reasons when disagreeing with the penalty recommended by the Inquiry Officer?
  • Can the Competent Authority enhance a recommended minor or lesser penalty to removal from service without conscious application of mind to the evidence on record?
  Read full judgment →
• Qasim Ali vs The State2016 P Cr. LJ 820 · Lahore High Court · 2015-06-22
  murderextra-judicial confessionbenefit of doubtcircumstantial evidencepostmortem delayrecovery of weaponexamination of accused
  Summary & questions settled

  This criminal appeal arose from the conviction of the appellant under Section 302(b) of the Pakistan Penal Code 1860 for the murder of the complainant's wife. The prosecution's case rested on circumstantial evidence, including the testimony of witnesses who allegedly saw the appellant leaving the house, an extra-judicial confession, a motive regarding a refused loan, and the recovery of a weapon. The Lahore High Court analyzed the evidence and found significant gaps: there was an unexplained delay in conducting the postmortem examination; the witnesses who saw the appellant did not act or report the matter immediately; the extra-judicial confession was made to persons with no authority or close relationship to the appellant; the motive was vague and inconsistent; and the recovered weapon was not blood-stained. The Court held that extra-judicial confessions are weak evidence requiring strong corroboration, and that any piece of evidence not put to the accused under Section 342 of the Code of Criminal Procedure 1898 cannot be used against him. Consequently, the Court allowed the appeal, set aside the conviction, and acquitted the appellant by extending the benefit of doubt.

  Questions settled

  • What is the evidentiary value of an extra-judicial confession, and under what circumstances can it be relied upon for conviction?
  • Can a piece of incriminating evidence, such as abscondence, be used against an accused if it was not specifically put to him during his statement under Section 342 of the Code of Criminal Procedure 1898?
  • Does an unexplained delay in conducting a postmortem examination affect the credibility of the prosecution's case?
  • Can a conviction for a capital offense be sustained solely on the basis of corroborative evidence like recovery of a non-blood-stained weapon and abscondence when primary ocular evidence is lacking or unreliable?
  Read full judgment →
• Qasim Ali and another vs State and othersPLJ 2016 Cr.C. (Lahore) 399 · Lahore High Court · 2015-10-05Read full judgment →
• Qari Nazir Ahmad vs The State2016 P Cr. L J 1238 · Peshawar High Court · 2016-02-29
  post-arrest bailfake visaEmigration Ordinancedelayed FIRfurther probeFIA enquiry
  Summary & questions settled

  This petition for post-arrest bail arises from FIR No. 58/2013, registered under Sections 18(b) and 22(b) of the Emigration Ordinance, 1979, at Police Station FIA, AHTC, Peshawar. The accused-petitioner was alleged to have arranged a fake visa for Saudi Arabia for the complainant, Attiq-ur-Rehman, who was subsequently deported. The core legal question before the High Court was whether the accused was entitled to the concession of bail given the evidentiary material available. The Court noted that the FIR was lodged three years after the alleged occurrence in 2010, and the prosecution relied solely on the statement of the complainant without providing further corroborative evidence or a substantial enquiry report. Holding that the case against the petitioner required further probe, the Court allowed the bail petition. The key principle laid down is that where the prosecution's case rests on a delayed FIR and lacks sufficient corroborative evidence beyond the complainant's statement, the matter warrants further inquiry, thereby entitling the accused to the grant of bail pending trial.

  Questions settled

  • Does a three-year delay in lodging an FIR, coupled with a lack of corroborative evidence, constitute sufficient grounds for the grant of post-arrest bail?
  • Is the statement of a complainant alone sufficient to deny bail when the prosecution fails to produce additional evidence during the investigation?
  Read full judgment →
• Qari Ahmad Yousif vs The State and another2016 P Cr. L J 662 · Lahore High Court · 2015-12-09
  anti-terrorismreligious hatedistribution of pamphletsbenefit of the doubtcriminal appealacquittalproscribed organizationreappraisal of evidence
  Summary & questions settled

  This criminal appeal challenges the judgment of the Anti-Terrorism Court convicting the appellant under Section 11-W of the Anti-Terrorism Act, 1997 for distributing pamphlets containing material of religious hate. The core legal questions involve whether the prosecution successfully established the essential ingredients of the offence under Section 11-W without associating public witnesses or proving the source of publication, and whether the conviction of the appellant could be sustained when a co-accused facing the same set of evidence was acquitted. The Lahore High Court held that the prosecution failed to prove its case beyond a reasonable doubt, noting the absence of public witnesses who received the pamphlets, the failure to trace the source of publication or establish any connection with a proscribed organization, and the acquittal of the co-accused on the same evidence without independent corroboration. Consequently, the court set aside the conviction and acquitted the appellant by extending the benefit of the doubt, reaffirming the golden rule that the benefit of every reasonable doubt must be given to the accused.

  Questions settled

  • Whether the offence of inciting religious hatred under Section 11-W of the Anti-Terrorism Act, 1997 can be established without producing public witnesses to whom the alleged hate material was distributed?
  • Can a conviction be sustained on the same set of evidence upon which a co-accused has already been acquitted, in the absence of strong, plausible, and independent corroboration?
  • Does the failure of the prosecution to trace the source of publication or connection with a proscribed organization vitiate a conviction under Section 11-W of the Anti-Terrorism Act, 1997?
  • Is a single reasonable doubt regarding the guilt of the accused sufficient to warrant his acquittal?
  Read full judgment →
• Qari Ahmad Yousif vs State, etc.2016 P Cr. L J 662, PLJ 2016 Cr.C. (Lahore) 392 · Lahore High Court · 2015-12-09
  anti-terrorismreligious hatredbenefit of the doubtcriminal appealacquittalpublic witnessespamphlets
  Summary & questions settled

  This criminal appeal was filed under Section 25 of the Anti-Terrorism Act, 1997, challenging the judgment of the Anti-Terrorism Court convicting the appellant under Section 11-W of the Anti-Terrorism Act, 1997, for distributing pamphlets containing material of religious hatred, and sentencing him to five years of rigorous imprisonment. The core legal question was whether the prosecution successfully proved the charge of inciting religious hatred beyond a reasonable doubt, particularly in the absence of public witnesses, recovery of pamphlets from recipients, or proof of the source of publication, and given the acquittal of a co-accused on the same evidence. The Lahore High Court held that the prosecution failed to establish the necessary ingredients of the offence under Section 11-W and that the appellant was entitled to the benefit of the doubt, especially since his co-accused was acquitted on the identical evidence. The court laid down the principle that the failure to associate private witnesses from the public, trace the source of the alleged hateful material, or produce independent corroboration renders a conviction unsustainable, and that the benefit of any reasonable doubt must be extended to the accused.

  Questions settled

  • Whether a conviction under Section 11-W of the Anti-Terrorism Act, 1997 can be sustained when no private or public witness who allegedly received the hateful material is produced?
  • Does the acquittal of a co-accused on the same set of evidence entitle the remaining accused to an acquittal based on the rule of consistency?
  • Is the failure of the prosecution to trace the source of publication of allegedly hateful pamphlets fatal to a charge of inciting religious hatred?
  Read full judgment →
• Qamaruzzaman vs Mansoor Khan2016 PLJ Lahore 283 · Lahore High Court · 2015-01-03Read full judgment →
• Qamaruddin and 4 others vs The State2016 MLD 877 · Sindh High Court · 2015-08-28Read full judgment →
• Qamar Zaman and 2 others vs The State and 2 others2016 P Cr. L J 780 · Lahore High Court · 2015-06-02
  juvenile justicecommutation of sentencedeath penaltyHudood lawscompromiseconstitutional petitionremission
  Summary & questions settled

  This constitutional petition arose from a conviction under the Offence of Zina (Enforcement of Hudood) Ordinance, 1979, where the petitioners, originally sentenced to death, sought relief following a compromise with the victim and a subsequent determination of their juvenile status. The core legal questions concerned whether the petitioners were entitled to the benefit of juvenile remission under the Presidential Order of 2001 and whether the compromise warranted a reduction in the capital sentence. The Court held that the petitioners, having been declared juveniles, were entitled to the commutation of their death sentences to life imprisonment pursuant to the Presidential Order of 2001, which applies to Ta'zir sentences. Furthermore, the Court determined that while Zina cases generally do not permit compromise, the existence of a genuine compromise between the parties could be considered in sentencing to promote peace and harmony. Consequently, the death sentences were converted to life imprisonment, with the benefit of Section 382-B of the Code of Criminal Procedure 1898 extended to the petitioners.

  Questions settled

  • Are juvenile offenders entitled to the commutation of a death sentence to life imprisonment under the Presidential Order of 2001?
  • Can a compromise between parties be considered in sentencing for offences under the Offence of Zina (Enforcement of Hudood) Ordinance, 1979?
  • Does the Presidential Order of 2001 regarding juvenile remission apply to sentences awarded under Ta'zir?
  Read full judgment →
• Qamar Naveed and 6 others vs The State2016 MLD 631 · Lahore High Court · 2014-10-13
  compromisecompounding of offencesmurderdeath sentencespecial power of attorneylegal heirsacquittal
  Summary & questions settled

  This criminal appeal and connected murder reference arose from convictions and sentences under various provisions including Section 302 of the Pakistan Penal Code 1860, wherein two appellants were sentenced to death and others to life imprisonment. During the pendency of the appeal, an application under Section 345 of the Code of Criminal Procedure 1898 was filed seeking permission to compound the offences based on a compromise reached between the parties. The core legal question concerned whether a legal heir residing abroad could compound the offence and verify the compromise through a duly attested special power of attorney and attorney's affidavit, without personally appearing before the court. The Lahore High Court held that the compromise was genuine, voluntary, and adequately safeguarded the interests of minor legal heirs through property mutation, and that the special power of attorney coupled with the attorney's affidavit sufficiently validated the absent legal heir's consent. Consequently, the court permitted the compounding of the offences, set aside the convictions and sentences, acquitted the appellants, and answered the murder reference in the negative.

  Questions settled

  • Can a legal heir residing abroad compound an offence through a special power of attorney without personally appearing before the court?
  • Whether a criminal conviction under Section 302 Pakistan Penal Code 1860 can be set aside on the basis of a valid compromise between the parties?
  • Is a compromise acceptable when the interests of minor legal heirs are duly protected through the mutation of property?
  Read full judgment →
• Qamar Abbas & another vs StatePLJ 2016 Cr.C. (Lahore) 88 · Lahore High Court · 2015-02-12
  murder referencecriminal appealbenefit of doubtocular accountdishonest improvementsmedical evidence contradictiondelayed post-mortemweapon recoveryacquittal
  Summary & questions settled

  This criminal appeal and connected murder reference challenge the conviction and death sentence of the appellants under Section 302(b), Pakistan Penal Code 1860, arising from a murder case registered via FIR No. 214. The core legal question concerns whether the prosecution proved its case beyond reasonable doubt through ocular testimony, medical evidence, and weapon recoveries, or if the ocular account suffered from fatal discrepancies, improvements, and delay. The Lahore High Court held that the prosecution case was un-witnessed, marred by unexplained delays in conducting the post-mortem examination indicating ante-timing of the FIR, material dishonest improvements by eye-witnesses, and contradictions between medical and ocular evidence. The court established that corroborative pieces of evidence such as motive and recoveries cannot sustain a conviction when direct evidence lacks judicial certainty, entitling the accused to the benefit of doubt as a matter of right. Consequently, the appeal was accepted, the convictions and sentences were set aside, and the murder reference was answered in the negative.

  Questions settled

  • Does an unexplained delay in conducting a post-mortem examination suggest that an FIR was registered with ante-timing and after consultation?
  • Can a conviction for murder be sustained on corroborative pieces of evidence such as motive and recoveries when the direct ocular evidence has been disbelieved?
  • What is the legal effect of material and dishonest improvements made by eye-witnesses in their statements before the trial court compared to their earlier police statements?
  • Is an accused entitled to the benefit of doubt as a matter of right when a single circumstance creates reasonable doubt regarding the prosecution's case in a prudent mind?
  Read full judgment →
• Qaiser Khan vs The State and another2016 LHC 2347 · Lahore High Court · 2016-02-28
  post-arrest bailidentification paraderule of consistencyfurther inquiryrobberyrecovery
  Summary & questions settled

  This criminal petition under Section 497 of the Code of Criminal Procedure 1898 seeks post-arrest bail in respect of offences under Sections 392 and 411 of the Pakistan Penal Code 1860. The core legal question concerns the entitlement of the accused to post-arrest bail where he is not named in the First Information Report, no identification parade was conducted, and a co-accused with an identical role has already been granted bail. The Lahore High Court allowed the petition, holding that the case falls within the purview of further inquiry under sub-section (2) of Section 497 of the Code of Criminal Procedure 1898. The key principles laid down are that the lack of an identification parade for an unnamed accused creates grounds for further inquiry, that the rule of consistency applies when a co-accused with a similar role is granted bail, and that the heinousness of an offence alone is insufficient to refuse bail if the accused is otherwise entitled to it.

  Questions settled

  • Does the failure to conduct an identification parade for an accused not named in the FIR make the case one of further inquiry under Section 497(2) of the Code of Criminal Procedure 1898?
  • Whether the rule of consistency applies when a co-accused with an identical role has been granted post-arrest bail?
  • Can bail be refused solely on the ground of the heinousness of the offence if the accused is otherwise entitled to the concession of bail?
  Read full judgment →
• Qaiser Ali Khan vs State & anotherPLJ 2016 Cr.C. (Lahore) 397 · Lahore High Court · 2015-12-07
  post-arrest baildishonour of chequeprohibitory clausedelay in trialcriminal breachrecovery of amount
  Summary & questions settled

  This matter comes before the Lahore High Court through a petition filed by Qaiser Ali Khan seeking post-arrest bail in case FIR No. 610 dated 18.09.2013 registered under Section 489-F of the Pakistan Penal Code, 1860, at Police Station B-Division, District Kasur, relating to the dishonour of cheques issued for the repayment of a loan. The core legal question is whether the petitioner is entitled to post-arrest bail given the circumstances of delay in the trial and the nature of the offence. The court held that the offence does not fall within the prohibitory clause of Section 497 of the Code of Criminal Procedure, 1898, that the petitioner has no previous criminal record, and that criminal proceedings under Section 489-F of the Pakistan Penal Code, 1860, cannot be used merely as a tool for financial recovery. The court allowed the petition and granted post-arrest bail to the petitioner, laying down the principle that indefinite incarceration is unwarranted when an accused is no longer required for investigation and the trial shows no material progress, and that civil remedies ought to be pursued for financial recovery rather than coercive criminal prosecution.

  Questions settled

  • Whether an offence under Section 489-F of the Pakistan Penal Code, 1860, falls within the prohibitory clause of Section 497 of the Code of Criminal Procedure, 1898?
  • Can criminal proceedings under Section 489-F of the Pakistan Penal Code, 1860, be utilized as a tool for the recovery of a loan amount?
  • Is an accused entitled to post-arrest bail when the trial has been delayed without material progress and the accused is no longer required for investigation?
  Read full judgment →
• Qaiser Ali and others vs The State and others2016 P Cr. L J 1438 · Lahore High Court · 2015-12-03
  murderbenefit of the doubtidentification paradeconscious improvementsocular accountweapon recoverydacoitycriminal appeal
  Summary & questions settled

  This criminal appeal challenges the conviction and sentences, including the death sentence awarded to the first appellant and life imprisonment to the second, stemming from a trial court judgment arising out of a late-night firearm attack during which a person was killed. The core legal questions involve the reliability of an ocular account marred by material and conscious improvements in supplementary statements, the evidentiary value of identification parades where roles were either omitted or belatedly introduced, and whether recoveries of weapons and alleged looted articles can independently corroborate a doubtful prosecution case. The Lahore High Court held that conscious and dishonest improvements by eyewitnesses, combined with procedural flaws in identification tests and irreconcilable discrepancies between medical evidence and weapon recoveries, rendered the prosecution's case doubtful. Consequently, the court acquitted the appellants by extending the benefit of the doubt, declined to confirm the death sentence, and answered the murder reference in the negative.

  Questions settled

  • Whether material and conscious improvements made in a supplementary statement destroy the credibility of an eyewitness account?
  • Can a conviction for murder and dacoity be sustained solely on the basis of weapon recoveries when the ocular testimony is disbelieved?
  • Does medical evidence regarding firearm injuries alone establish the identity of unknown assailants in a night-time incident?
  • What is the evidentiary value of identification parades where witnesses fail to ascribe specific roles to the suspects?
  Read full judgment →
• Qaisar Ismail vs Controller General of Accounts Government of Pakistan and otherss2016 PLJ Tr.C. (Services) 285 · Federal Service Tribunal
  service appealseniority fixationpay fixationgood governancecivil servantterms and conditions of serviceprecedent
  Summary & questions settled

  This service appeal challenged the rejection of the appellant's request for the re-fixation of his pay and seniority as an Assistant Accounts Officer from his initial date of joining. The core legal question was whether the appellant, a civil servant, was entitled to the benefits of a previous judgment by the Tribunal concerning service terms and conditions, despite not being a party to that specific litigation. The Tribunal allowed the appeal, setting aside the impugned order and directing the re-fixation of the appellant's seniority and pay from his original date of appointment. The Tribunal held that, pursuant to the principle established by the Supreme Court in Hameed Akhtar Niazi vs. Secretary Establishment Division, the dictates of good governance demand that when a point of law regarding the terms of service is settled, the benefits of such a judgment must be extended to other similarly situated civil servants. This approach prevents the necessity of compelling employees to initiate redundant litigation, thereby ensuring administrative consistency and fairness in the treatment of civil servants.

  Questions settled

  • Is a civil servant entitled to the benefits of a judgment regarding service terms and conditions if they were not a party to the original litigation?
  • Does the principle of good governance require the extension of judicial benefits to similarly situated civil servants?
  • Can a government department deny the extension of a settled legal position to a civil servant on the basis that they were not a party to the previous case?
  Read full judgment →
• Qaisar Ali vs The State2016 YLR 1903 · Federal Shariat Court · 2016-05-12
  criminal appealjudicial confessionfirearm expert reportbenefit of doubtacquittalun-witnessed incidentdelayed nominationcriminal procedure
  Summary & questions settled

  This jail criminal appeal is directed against the judgment of the trial court convicting the appellant under Section 302(b) and Section 387 of the Pakistan Penal Code 1860, resulting in a sentence of life imprisonment and other penalties. The core legal questions involved whether the un-witnessed murder and subsequent delayed nomination of the appellant could be sustained based on a retracted judicial confession and firearm recovery matching reports. The Federal Shariat Court held that the judicial confession was inadmissible and involuntary due to non-compliance with mandatory procedural rules, including handing the accused back to the investigating officer instead of judicial custody, and that the weapon recovery and forensic matching report lost their legal sanctity because the weapon was not properly sealed. The court laid down the principle that a conviction cannot be sustained on doubtful judicial confessions and unsealed weapon recoveries, and extended the benefit of doubt to the appellant, setting aside the conviction and acquitting him of the charge.

  Questions settled

  • Whether a judicial confession recorded in non-compliance with mandatory procedural rules and High Court Rules is admissible in evidence?
  • Does a firearm recovery and its matching report lose legal sanctity if the weapon was not sealed upon recovery?
  • Can a criminal conviction be sustained solely on a doubtful judicial confession and unverified forensic evidence?
  • Is an accused entitled to an acquittal when the prosecution fails to prove its case beyond a reasonable doubt?
  Read full judgment →
• Qaisar Abbas vs District Election Commissioner, Vehari and 5 others2016 YLR 2055 · Lahore High Court · 2015-10-06
  local government electionsnomination papersdisqualification of candidateservice of statutory bodymarket committeeappellate authorityconstitutional petition
  Summary & questions settled

  This constitutional petition challenged the orders of the Returning Officer and the Appellate Authority whereby the nomination papers of respondent No.5 for contesting the Local Government Elections, 2015 as Chairman of a Union Council were accepted. The core legal question was whether the Chairman of a Market Committee is disqualified from contesting local government elections under Section 27(2)(e) of The Punjab Local Government Act, 2013, being a person in the service of a statutory body. The Lahore High Court held that the Chairman of a Market Committee falls within the ambit of being in the service of a statutory body or a body controlled by the Government and is thus disqualified under Section 27(2)(e) unless a period of two years has elapsed since his resignation or retirement. The Court laid down that the expression 'in the service' is to be construed in a broad and general sense rather than a restricted technical sense, applying the tests of subordination, appointment and removal powers, and governmental control.

  Questions settled

  • Whether the Chairman of a Market Committee is disqualified under Section 27(2)(e) of The Punjab Local Government Act, 2013 from contesting local government elections?
  • How should the expression 'in the service' of a statutory body be construed in the context of electoral disqualifications?
  • What are the determining tests for establishing whether a person is in the service of a statutory body or authority?
  Read full judgment →
• Qaisar Abbas and others vs Member (Taxes) Bor, Punjab and others2016 PT D 910 · Lahore High Court · 2015-10-26Read full judgment →
• Qaim vs Federation of Pakistan and others2016 PLD Sindh 1 · Sindh High Court · 2015-05-27
  post-conviction benefitSection 382-B Cr.P.C.leave refusing orderbinding precedentPakistan Army Act 1952judicial disciplineconstitutional petition
  Summary & questions settled

  This matter concerns petitions filed by convicts sentenced under Section 59 of the Pakistan Army Act, 1952 and the Pakistan Air Force Act, 1953, seeking the benefit of Section 382-B, Code of Criminal Procedure 1898, regarding the adjustment of pre-conviction custody against their sentences. The core legal question was whether such convicts are entitled to this benefit and whether a Supreme Court "leave refusing order" denying such relief constitutes a binding precedent under Article 189 of the Constitution of Pakistan 1973. The Court held that the benefit of Section 382-B, Code of Criminal Procedure 1898 is available to these petitioners. It ruled that a leave-refusing order of the Supreme Court does not constitute a binding judgment under Article 189, though it may be highly persuasive. The Court determined that the subsequent Supreme Court judgment in Shah Hussain established the governing principle for post-conviction benefits, which overrides earlier, inconsistent leave-refusing orders. Consequently, the Court affirmed that the principles in Shah Hussain must be applied, and the petitioners are entitled to the recalculation of their sentences.

  Questions settled

  • Is a leave-refusing order of the Supreme Court of Pakistan a binding precedent under Article 189 of the Constitution of Pakistan 1973?
  • Are convicts sentenced under Section 59 of the Pakistan Army Act 1952 entitled to the benefit of Section 382-B of the Code of Criminal Procedure 1898?
  • Under what circumstances does a subsequent Supreme Court judgment override an earlier leave-refusing order of the same Court?
  • Does the rule in Multiline Associates regarding the constitution of a larger bench apply when the legal landscape has been fundamentally altered by a subsequent Supreme Court decision?
  Read full judgment →
• Qadir Bakhsh vs Mst. Hazaan and 50 others2016 PLD Balochistan 87 · Balochistan High Court · 2016-03-07Read full judgment →
• Punjab Privatization Board Through its Secretary,National Tower, 282016 LHC 228 · Lahore High Court · 2016-01-28Read full judgment →
• Rana Abbas vs The State and othersPLJ 2016 Cr.C. (Lahore) 219, 2016 P Cr. L J 330 · Lahore High Court · 2015-09-08
  post-arrest bailcontrol of narcotic substancesrecovery of charasprocedural irregularitiesexclusion of section 103 crpcprohibitory clause
  Summary & questions settled

  This is a criminal petition seeking post-arrest bail for the petitioner who was apprehended with 1650 grams of Charas and sale proceeds under Section 9(c) of the Control of Narcotic Substances Act, 1997. The core legal question revolves around whether alleged procedural irregularities by the police in conducting the investigation and recovery vitiate the trial or entitle the accused to bail. The Lahore High Court held that insignificant procedural irregularities and minor lapses are curable and do not vitiate the trial or affect the bona fides of the police, and that Section 103 of the Code of Criminal Procedure, 1898 stands excluded under the Control of Narcotic Substances Act, 1997. The court laid down the principle that procedural violations under sections 21 and 22 of the Control of Narcotic Substances Act, 1997 are curable under Section 537 of the Code of Criminal Procedure, 1898, and that the exclusion of Section 103 Cr.P.C. applies to narcotic cases. Finding sufficient incriminating evidence and the offense falling within the prohibitory clause, the court dismissed the bail petition.

  Questions settled

  • Do procedural violations under sections 21 and 22 of the Control of Narcotic Substances Act, 1997 vitiate the trial?
  • Is Section 103 of the Code of Criminal Procedure, 1898 excluded in cases under the Control of Narcotic Substances Act, 1997?
  • Does a delay in sending samples to the Chemical Examiner vitiate the sanctity of recovery proceedings in narcotics cases?
  • Whether post-arrest bail can be granted when the accused is charged with a heinous offense falling within the prohibitory clause of the Control of Narcotic Substances Act, 1997?
  Read full judgment →
• Rafaqat Ali vs The State and another2016 LHC 2390 · Lahore High Court · 2016-01-06
  post-arrest bailfurther inquirydelay in FIRcriminal procedurebail after arrestMagistrate Section 30
  Summary & questions settled

  This petition for post-arrest bail arises from FIR No. 111/2015, involving charges under sections 324, 337 F(III), 337 F(I), and 34 of the Pakistan Penal Code 1860. The petitioner sought bail after being incarcerated since September 2015, contending that the trial had not commenced and the investigation was complete. The core legal question was whether the petitioner was entitled to the concession of bail given the circumstances of the case and the delay in the FIR. The Lahore High Court held that the six-day delay in lodging the FIR, which remained unexplained, suggested deliberation and consultation. Furthermore, the Court noted that the petitioner was a previous non-convict, the investigation was complete, and the offence was triable by a Magistrate Section 30. Consequently, the Court granted bail, determining the case fell under the category of further inquiry. The key principle laid down is that mere heinousness of an offence is insufficient to refuse bail when an accused is otherwise entitled to it on merits, particularly when the investigation is complete and trial commencement is delayed.

  Questions settled

  • Does an unexplained delay in lodging an FIR constitute grounds for further inquiry in a bail application?
  • Is the mere heinousness of an offence sufficient ground to refuse bail to an accused who is otherwise entitled to it?
  • Can an accused be granted bail when the investigation is complete and the trial has not yet commenced?
  Read full judgment →
• Punjab Privatization Board through its Secretary, National Tower, Lahore2016 C.L.R. 743, 2016 LHC 228, 2016 PLJ Lahore 556 · Lahore High CourtRead full judgment →
• Punjab Privatization Board Through its Secretary, National Tower, 282016 LHC 228 · Lahore High Court · 2016-01-28Read full judgment →
• Punjab Privatization Board through Its Secretary vs Tahir Azam and 42016 C.L.R. 743 · Lahore High CourtRead full judgment →
• Punjab Oil Mills Limited 120-E/1, Gulberg-III, Lahore Izaz Illahi Malik ChiefAppellate Bench of Securities and Exchange Commission of Pakistan · -Read full judgment →
• Punjab Healthcare Commission vs Mushtaq Ahmed Ch., etc.2016 PLD Lahore 237, 2016 PLJ Lahore 526, K.L.R. 2016 Civil Cases 378 · Lahore High Court · 2016-02-03Read full judgment →