Tags Topic Discussed
1. Conf.Case 5321/2014 APNA TV Channel Private Limited V/S Pakistan Electronic Media Regulatory Authority and another Sindh High Court, Karachi [SHC Citation: 2019-SHC-KHI-140255]
APNA TV Channel Judgment

2. Suit 1670/2018 Liaquat Ali Bhatti & others V/S Pakistan International Airlines Corporation & ors Sindh High Court, Karachi [SHC Citation: 2019-SHC-KHI-140208]
The issue involved in this Suit was in respect of promotions of private Defendants as Chief Engineers from Deputy Chief Engineers in PIA and leaving out the Plaintiffs though they were admittedly senior. It was claimed by PIA that neither seniority nor promotion is a vested right; hence, no case is made out by the Plaintiffs; however, there being no cavil to this legal proposition; such contention has been repelled by the Court and the impugned order of promotion of private defendants has been suspended, for the reason that firstly the Plaintiffs have not been provided with any reason or justification as to why they have been left out; and secondly, even the Court was not assisted as to the entire material and record for promoting private defendants, and therefore, the Plaintiffs cannot be left without any remedy. They being seniors at least ought to have been communicated with a proper response for not being considered so that they could have availed any further remedy as per law; and this has been found a valid ground for suspending the impugned order, whereas, if the management of PIA feels that due to exigency, fresh proceedings are necessary for carrying out promotion(s); then they are at liberty to do so but in accordance with the Agreement and the revised policy, if any, and so also keeping in mind the discussion made hereinabove, including consultation with Defendant No.2 as per the Agreement.

Matter:DECLARATION

3. Judicial Companies Misc. 23/2019 M/S FORTECH CONSTRUCTION (PVT) LTD V/S M/S NATIONAL BEVERAGES PVT (LTD) & OTHERS Sindh High Court, Karachi
Petition under Section 94 of the Companies Act dismissed as petitioner was not a creditor when share capital was reduced by Court's order.

Matter:DIRECTION

4. Suit 1180/2018 Safe Mix Concrete Limited V/S Pakistan & others Sindh High Court, Karachi
"Territorial Jurisdiction of Court in respect of a Notice issued by Tax authorities @ Lahore.

Matter:DECLARATION

5. Suit 119/2006 MRS. SHABEENA FARHAT V/S V/S M/S HIGHWAY HOUSING PROJECT & ORS Sindh High Court, Karachi

Topic: LIMITATION (Limitation Act 1908)

2014 CLC 322 [SHC Citation: 2019-SHC-KHI-2788]
Defendant has neither provided basic amenities in the Housing Scheme nor has produced any document, rules / bye-laws or Agreement between the parties hereto, to substantiate its evidence, that it is not the responsibility of Defendant to provide these basic amenities. the subject Housing Project launched by Defendant was not complete at least till the time of giving evidence till September, 2014; thus, the grievance of Plaintiff is of continuing nature, inter alia, in terms of Section 23 of the Limitation Law. This is a further ground in addition to the above, for determining that the present lis is maintainable. Hence, suit partly decreed.

6. Adm. Suit 10/2017 M/S. SING FUELS PTE LTD V/S M.V. YASA AYSEN AND OTHERS Sindh High Court, Karachi [SHC Citation: 2019-SHC-KHI-139874]
Through this is a Suit under Section 3(2) of the Admiralty Jurisdiction of High Courts Ordinance, 1980 the Plaintiff had sought recovery of US$ 667,599.35 in respect of the principal outstanding amount, interest, damages and legal costs etc. and had also sought issuance of warrants of arrest for the Vessel i.e. Defendant No.1 and detain the same until sufficient guarantees are furnished for the outstanding claim of the Plaintiff. As an interim measure the vessel was arrested and allowed to sail after furnishing surety for the principal amount. According to the Plaintiffs the Defendant No.5 (?Charterers?) contacted for supply of bunkers to the Vessel in question owned and operated by Defendant No.2 to 4 (?Owners?). It is the case of the Plaintiff that requisite bunkers were supplied, whereas, Charterer has defaulted in making payments and therefore, owners as well as Charterers are liable to pay jointly and severally. The plaintiff?s argument has been repelled by the Court and the application for arrest of vessel has been dismissed in this matter and surety has been ordered to be released / discharged in favor of the owners as the bunker delivery note very clearly and specifically mentions that the supply of bunkers by the bunker supplier is on ?Charterers Account?. This is an admitted document and placed on recorded by the Plaintiff itself. Admittedly nothing has been placed on record so as to suggest that at any point of Time; the plaintiff ever approached the owners of the Vessel before entering into any contract for supply of the bunkers. Nothing has been placed or even pleaded as to whether any consent of the owners of the Vessel was ever sought for making supplies of bunkers and the liability of any payment on the part of the owners in case of any default. It has been further held that the Plaintiff here has not been able to show or substantiate that the Time Charterer had any sort of authority to contract on behalf of the owners or the Vessel; and secondly, even otherwise to safeguard its interest, knowingly that its claim against the Vessel and owner would fail, had obtained sufficient security in the shape of postdated cheques, and is at full liberty to seek its encashment, and if not, then any other appropriate remedy as may be available for it in accordance with the applicable laws. The Plaintiff under no circumstances can be permitted to take undue advantage under the Admiralty jurisdiction of this Court by arrest of the Vessel and then compelling and dragging the owners to pay the amount being claimed when no case for a claim in personam has been arguably made out. The application is therefore dismissed.

Matter:RECOVERY OF AMOUNT

7. Suit 124/2019 M/S Jampur Ltd. BVI V/S Gwadar International Terminals Ltd. Sindh High Court, Karachi
The Plaintiff in these Suits had sought directions against Defendants for filing the Arbitration Agreement in Court and to refer the matter for Arbitration under Section 20 of the Arbitration Act and along with these Suits also filed an application under Section 41 of the said Act for injunction against the Defendants. However, the injunction has been dismissed on the ground that firstly any conclusive findings for passing of an injunction may have an effect on the proceedings if the matter is finally referred to the Arbitrator. Secondly, the Plaintiff had approached the Court after lapse of a considerable period as in between the Defendant had awarded the contract of construction to someone else, whereas, possession of the Site was also taken over and in such a situation no mandatory injunction could be passed.

Matter:ARBITRATION

8. Cr.Bail 1141/2019 Kashif Dars S/o Muhammad Usman Dars V/S The State Sindh High Court, Karachi

Topic: Bail Matters ( under Section 498 Cr.P.C r/w Section 561-A Cr.P.C), Criminal Procedure Code Cr.P.C 1898 ()

[SHC Citation: 2019-SHC-KHI-139579]
Discussed Section 498 Cr.P.C r/w Section 561-A Cr.P.C

Matter:BAIL BEFORE ARREST

9. Const. P. 836/2019 Sardar Muhammad Bux Mahar Thr. Tasawar Hussain V/S Mst. Saman Muhammad Mahar and another Sindh High Court, Karachi

Topic: Guardian and Ward Act, 1890 (Section 7, 8 and 25)

[SHC Citation: 2019-SHC-KHI-139608]
The natural guardians/mother and father of minors are not required to seek declaration of their guardianship through the Court. The Court under Section 7 of the Guardian and Ward Act, 1890 is not empowered to decide title of guardian about custody of the ward.

Matter:AGAINST THE ORDER

10. Suit 2013/2015 M/s. A.F Ferguson & Co., & Others. V/S Pakistan & Others. Sindh High Court, Karachi [SHC Citation: 2019-SHC-KHI-139507]
In all these Suits the claim of the Plaintiffs was to the effect that in terms of Section 92 of the Income Tax Ordinance, 2001 there is no compulsion or restriction that it is only the firm which can file its return and pay taxes on the income, as at the same time, the partners of the firm are also qualified to file their return and pay the tax accordingly and in that situation the firm would not be liable to pay any tax on the income on which the partners have already paid the tax. According to the Plaintiffs, Section 92 does not prohibit the partners from paying tax on their income as against the same by the firm. Their further case was that the inverse of what is provided in Section 92 is permitted as not being prohibited or restricted; however, the contention of the Plaintiffs is held to be misconceived as this would defeat the intention of the legislature and would rather amount to do legislation in favour of the Plaintiffs. The law as it stands today provides a clear mechanism and the principle of taxation which has to be applied on the firm, whereas, nothing could be read into the said provision . It is settled law that the function of the Courts is only to expound and not to the legislate. In view of such position, all Suits have been dismissed by holding that the firm i.e. the Plaintiff No. 1 in all these Suits was required to file its return and pay the tax accordingly; and not the partners individually in respect of the income received from the association of persons or the firm; and once the tax is paid by the firm, then the partners are not required to pay any tax on such income.

Matter:DECLARATION

11. Suit 676/2019 Fazal E Rabi V/S Federation of Pakistan & Others. Sindh High Court, Karachi [SHC Citation: 2019-SHC-KHI-139356]
Consignment of the Plaintiff was seized for alleged infringement of intellectual property rights of the complainant; however, the action taken was in violation of Rules 680 and 682 of the Customs Rules 2001 hence, the impugned seizure has been set aside by decreeing the Suit of the Plaintiff.

Matter:SUIT FOR DECLERATION

12. Suit 2067/2016 M/s. Getz Pharma (Pvt.) Limited V/S Federation of Pakistan & others Sindh High Court, Karachi [SHC Citation: 2019-SHC-KHI-139355]
Through this Suit all Plaintiffs had sought exemption on the packing material imported by them for the manufacture of pharmaceutical products in terms of entry No. 105 of the 6th Schedule to the Sales Tax Act, 1990; however, the said entry only caters for ???raw material??? and not for ???packing material??? therefore, the Suits of the Plaintiffs have been dismissed.

Matter:DECLARATION

13. Suit 843/2015 Aroma Travel Services (Pvt) Ltd., & Others. V/S Faisal Al Abdullah Al Faisal Al Saud & Others. Sindh High Court, Karachi
In this matter Specific Performance of a Memorandum of Understanding was sought which has been declined; as firstly the Memorandum of Understanding was not signed by the Defendants and secondly, a mandatory injunction was asked for to establish a new state of things different from the state which existed at the date when the Suit was instituted. Per settled law such mandatory injunction cannot be granted, in terms of Order 39 CPC.

14. Const. P. 2847/2017 Sajjad Ahmed V/S P.O Sindh & others Sindh High Court, Circuit at Hyderabad

Topic: Constitution of Pakistan, 1973 ()

[SHC Citation: 2019-SHC-HYD-139357]
Declare that naming, renaming any street, road, government institute, town, or city after the name of any individual having no positive social, role, courage or exceptional dedication to service in ways that bring special credit to an area, city town is illegal, unlawful against the basic rights of citizens of particular areas, towns, cities and public at large.

15. Suit 862/2011 PERVAIZ HUSSAIN & ANOTHER V/S MIAN KHURRAM RASOOL Sindh High Court, Karachi [SHC Citation: 2019-SHC-KHI-139312]
The Defendant issues / has issued the cheques in favour of Plaintiffs, but the same upon presentation could not be encashed because of closure of account, then this conduct on the part of Defendant is a mala fide one and is done with a dishonest intention to defraud the Plaintiffs. Hence, suit is decreed.

Matter:U/O 37 CPC

16. Suit 5/2007 NOMAN ABID CO V/S NAVEED HAIDER Sindh High Court, Karachi [SHC Citation: 2019-SHC-KHI-139291]
The Plaintiff has already received the amount of disputed cheque, therefore, the present suit was filed with mala fide intention and is not maintainable. Not only this, the overall conduct of the Plaintiff Company, from the time of granting Leave to Defend Application was not of a bona fide litigant. Hence, the present suit is dismissed with costs.

Matter:RECOVERY OF AMOUNT

17. Cr.Acq.A. 89/2015 SYED MUHAMMAD AHSAN V/S MUNAWAR ALI NAQVI & ORS Sindh High Court, Karachi

Topic: Illegal Dispossession Act, 2005 (Section 8), Criminal Procedure Code Cr.P.C 1898 (Sub-section 4 of Section 403)

[SHC Citation: 2019-SHC-KHI-139056]
Illegal Dispossession Act, 2005 (Section 8), Illegal Dispossession Act, 2005 (Section 3)

Matter:AGAINST THE JUDGEMENT

18. Civil Revision 144/2014 Mst. Parveen Raza Jadun through her legal heirs V/S Bashir Ahmed Chandio and others Sindh High Court, Circuit at Hyderabad [SHC Citation: 2019-SHC-HYD-139035]
(i). In direct benami claim requires a higher standard of proof; (ii) every transaction between family members cannot be recognized as benami; (iii). Claimant not challenged the purchase of property by father in favour of his son, during the life time of the father, then claim of Plaintiff (sister) is meritless.

19. Const. P. 2438/2017 Syed Ali Abbas Rizvi Thr. Nisar Muhammad V/S The Addl. Controller of Rents Clifton & Another Sindh High Court, Karachi [SHC Citation: 2019-SHC-KHI-139151]
The petition is dismissed with costs as the impugned order is an interlocutory order and it does not suffer from any jurisdictional defect or error, this petition, being misconceived and malafide, is not maintainable. The learned Rent Controller is directed to decide the subject rent case within forty five (45) days from receipt of this order strictly in accordance with law and in view of consent order dated 24.08.2010 passed by this Court in C.P. No.S-597/2010 and the judgment delivered by this Court on 10.04.2009 in FRA No.38/2008, and to report compliance within seven (07) days thereafter to this Court through MIT-II.

Matter:RENT MATTER

20. Const. P. 90/2007 Nizar Noor Ali & Ors V/S Ameer Ali & Ors Sindh High Court, Karachi [SHC Citation: 2019-SHC-KHI-139153]
Order of eviction passed by the learned Rent Controller is restored.

Matter:RENT MATTER

21. Cr.J.A 81/2011 Abdul Fattah @ Fattoo V/S The State Sindh High Court, Bench at Sukkur [SHC Citation: 2019-SHC-SUK-138997]
Whether every member of an unlawful assembly, in respect of an offence committed in prosecution of common object/intention, is guilty of that offence?

22. Suit 621/2017 Mir Jeeand Badini. V/S Model Collectorate of Custom Appraisement & Ors. Sindh High Court, Karachi

Topic: Injuction Applications (Injunciton Dismissed )

[SHC Citation: 2019-SHC-KHI-138960]
Import-ability of Dump Trucks after amendment in Import Policy decided in this case

Matter:DECLARATION

23. Cr.Bail 275/2019 Roshan Cholyani V/S The State Sindh High Court, Circuit at Larkana

Topic: Bail Matters ()

[SHC Citation: 2019-SHC-LRK-139157]
Mere absondence of Applicant cannot be made ground for rejection of bail, if he is otherwise entitled to the concession of bail. Co-accused was already admitted to bail, hence, Applicant is also entitled to the concession of bail on the ground of rule of consistency. Case calls for further inquiry. Bail granted.

24. Const. P. 428/2019 Khuda Bux V/S SHO P.S K.N.Shah and others Sindh High Court, Circuit at Larkana

Topic: Constitution of Pakistan, 1973 ()

[SHC Citation: 2019-SHC-LRK-139057]
Parties recklessly invoking the constitutional jurisdiction of Court, which act on their part consumes valuable time of Court and litigants should be dealt with strictly and such type of petition is to be dismissed with heavy costs.

25. Const. P. 2936/2019 Karwan-e-Amjadia Hajj & Umrah Services & Ors V/S Fed. of Pakistan and Others Sindh High Court, Karachi [SHC Citation: 2019-SHC-KHI-138878]
Hajj Quota case

Matter:HAJJ QUOTA

26. Cr.Rev 73/2018 Muhammad Bux Chandio V/S Zulfiqar Ali and others Sindh High Court, Circuit at Larkana

Topic: Criminal Procedure Code Cr.P.C 1898 (), Illegal Dispossession Act, 2005 ()

[SHC Citation: 2019-SHC-LRK-139158]
Investigation under Section 5 of the Illegal Dispossession Act, 2005, was not properly done by the Trial Court and the case was decided merely on the reports of Officials without conducting further probe into the veracity of such reports. Impugned order set aside, case remanded.

27. Judicial Companies Misc. 33/2007 Securities and Exchange Commission of Pakistan. V/S Beema Pakistan Sindh High Court, Karachi [SHC Citation: 2019-SHC-KHI-138831]
Winding up petition

Matter:WIND UP

28. Cr.Bail 286/2019 Cr. Muzafar Ghanghro V/S The State Sindh High Court, Circuit at Larkana

Topic: Bail Matters (Sick Person)

[SHC Citation: 2019-SHC-LRK-139156]
Case falling within the ambit of sick person as mentioned in the first proviso of Section 497 Cr.P.C., Applicant is entitled to the concession of bail. Challan submitted. Applicant was not required for further investigation. In order to prove the guilt of the Applicant and to connect him with the commission of the offense, matter requires further inquiry, which can only be done after conclusion of trial. Bail granted.

29. Const. P. 6572/2016 Sultan Ahmed Shaikh V/S M/s Sui Southerm Gas Co. & Ors Sindh High Court, Karachi [SHC Citation: 2019-SHC-KHI-138540]
Promotion case

Matter:AGAINST ORDER

30. Const. P. 1830/2019 Ambreen Kazim Main Thompson and Ors V/S Fed. of Pakistan and Others\ Sindh High Court, Karachi [SHC Citation: 2019-SHC-KHI-138571]
Pakistan Origin Card case

Matter:DIRECTION

31. Const. P. 2217/2019 Dilbar Khan Nizamani V/S Govt. of Sindh & Others Sindh High Court, Karachi [SHC Citation: 2019-SHC-KHI-138541]
Chairman UC Nazim case

Matter:AGAINST NOTIFICATION

32. Const. P. 5956/2018 Seemah Irfan V/S Fed. of Pakistan and Others Sindh High Court, Karachi [SHC Citation: 2019-SHC-KHI-138542]
Tax matter

Matter:INCOME TAX

33. Suit 1767/2014 Abdul Sattar Shaikh. V/S Adeel Zahoor Malik & Others. Sindh High Court, Karachi [SHC Citation: 2019-SHC-KHI-138471]
Violation of proprietary right being a fundamental right should be remedied forthwith. Failure to examine both attesting witnesses of a Sale Agreement, which is a disputed document, is fatal to the case of Defendant, who is basing his claim on the Sale Agreement. Sufficient evidence is brought on record justifying grant of mesne profits. No Village / Goth can exist in a developed Scheme-36. The Passport entries and presumption of genuineness as envisaged in Articles-90, 92 and 129 (e) of the Qanoon-e-Shahadat Order, 1984, is attracted. Hence, Plaintiff is entitled to mesne profits. The conclusive evidence about the wrongful / illegal possession of Defendants No.1 and 2 of the suit plot does not require an inquiry as mentioned in Order XX, Rule 12, Sub Rule 1 (b). Suit Decreed.

Matter:POSSESSION

34. Const. P. 2650/2019 Ms. Saba V/S Province of Sindh & Others Sindh High Court, Karachi [SHC Citation: 2019-SHC-KHI-138185]
ADJ appointment/retest case

Matter:FOR WRITTEN TEST

35. Const. P. 896/2019 Muhammad Jawad Mirza V/S D.G PAK C.A.A and Ors Sindh High Court, Karachi [SHC Citation: 2019-SHC-KHI-138107]
ATPL Licence case

Matter:DIRECTION

36. Spl.Anti.Ter.J.A. 25/2013 Shahrukh Jatoi V/S The State Sindh High Court, Karachi [SHC Citation: 2019-SHC-KHI-138106]
Judgement in murder case of Shahzaib

37. Conf.Case 1/2013 Reference made by the Judge ATC Karachi V/S Shahrukh Jatoi son of Sikandar Ali Jatoi Sindh High Court, Karachi
Judgment in murder case of Shahzaib

38. Cr.Rev 40/2014 SHAHRUKH JATOI S/O SIKANDAR ALI V/S THE STATE Sindh High Court, Karachi [SHC Citation: 2019-SHC-KHI-138104]
Judgment in murder case of Shahzaib

Matter:AGAINST THE ORDER

39. Spl.Cr.A.T.A. 19/2013 Nawab Siraj Ali S/o Imdad Ali Talpur V/S The State Sindh High Court, Karachi [SHC Citation: 2019-SHC-KHI-138100]
Judgment in murder case of Shahzaib

40. Spl.Cr.A.T.A. 24/2013 Ghulam Murtaza V/S The State Sindh High Court, Karachi
Judgment in murder case of Shahzaib

41. Spl.Cr.A.T.A. 25/2013 Shahrukh Jatoi V/S The State Sindh High Court, Karachi
Judgment in murder case of Shahzaib

42. Const. P. 1452/2019 Mansoor V/S P.O SIndh Sindh High Court, Circuit at Hyderabad [SHC Citation: 2019-SHC-HYD-138332]
(Ehtaram Ramzan)

43. Const. P. 494/2019 Custom Public School Thr. Akbar Ahmed Khan V/S Aftab Ahmed and others Sindh High Court, Karachi [SHC Citation: 2019-SHC-KHI-138193]
Section 21 of SRPO 1979

Matter:RENT MATTER

44. Suit 620/1994 ISMAIL MEMORIAL TRUST V/S KARACH COOP H.S. UNION LTD. & ORS. Sindh High Court, Karachi

Topic: Amenity Plot (The Karachi Building and Town Planning Regulations, 2002.)

[SHC Citation: 2019-SHC-KHI-138212]
Hospitals fall within the category of amenity plots, as envisaged in Article 52-A of the Karachi Development Authority (KDA) Order, 1957. Suit decreed.

Matter:DECLARATION

45. Suit 1713/2012 Sharif Ahmed Qureshi V/S Wing Cdr.(R) Mazhar Mirza and others Sindh High Court, Karachi

Topic: PROPERTY (Housing Scheme)

[SHC Citation: 2019-SHC-KHI-138572]
Housing Scheme_ If a Housing Scheme is announced by Defendant No.3, primarily, for Military Personnel, then either there should be a complete embargo on transferring of land to the civilians, or, if the same embargo is not in place and civilians / citizens can purchase in a housing scheme launched by Defendant No.3, then the policy and formalities of Defendant No.3 should be equitable and fair and no one should be discriminated against. It is understandable that there are security issues, for which NOC and other formalities are to be completed, but the security concern cannot be allowed to be misused, or, under the garb of security issue, rights of citizens cannot be compromised. Proprietary rights are guaranteed under the Constitution of the Islamic Republic of Pakistan, 1973; inter alia, in terms of Article 24. Pleadings_ Admission made in Written Statement (on oath) does not need further proof. Executive Action_ Executive actions based on the premise of national security are justiciable on the basis of Rationale Basis Test. Sale NOC_ Non issuance of sale NOC by the Army Housing Directorate, violates Section 24A of the General Clauses Act, 1897. Thus, requirement of NOC cannot be given that degree of importance or significance, that it can be allowed to impinge upon a statutory and fundamental right of ownership of a citizen, who is a lawful and bona fide transferee of a property, situated in a Housing Scheme of Official Defendants.

46. Const. P. 709/2019 Rab Dino V/S P.O Sindh & Other Sindh High Court, Circuit at Hyderabad

Topic: Ehtram-e-Ramazan Ordinance, 1981 (Section 5)

[SHC Citation: 2019-SHC-HYD-137976]
Since in all the petition, the places mentioned does not fall within exemption given under section 5 of the Ordinance, therefore, all the petitions are dismissed.

47. J.M 7/2016 Muhammad Iqbal Pirani. V/S Khurram Ashraf & Others. Sindh High Court, Karachi

Topic: Civil Procedure Code CPC (12 (2) C.P.C Allowed. )

[SHC Citation: 2019-SHC-KHI-137997]
Framing of Issues not mandatory. In exceptional cases while deciding 12(2) application, main case may also be decided.

Matter:APPLICATION U/S 12(2)

48. Suit 2322/2014 Dr. Arifa Farid and others V/S Mitha Khan and others Sindh High Court, Karachi

Topic: Judgment in rem / personam (), Exception to right of hearing ()

[SHC Citation: 2019-SHC-KHI-137995]
Exception to right of hearing; where the results can and would not have been any different. Dispute between the government departments should not affect bona fide purchasers. Judgment in rem / personam.

49. Suit 1461/1998 A. QUBUBUDDIN KHAN V/S CHEC MILLWALA DREDGING CO. Sindh High Court, Karachi

Topic: Arbitration Act,1940 (Section 15), Arbitration Act,1940 ()

[SHC Citation: 2019-SHC-KHI-138156]
if illegallity is separable from the main award, the same can be modified / corrected by invocking section 15 of the Arbiration Act, 1940.

Matter:AWARD

50. Const. P. 2533/2019 Asif Ali V/S Province of Sindh & Others Sindh High Court, Karachi

Topic: Deceased Son Quota (), Sindh Civil Servants (Appointment, Promotion andTransfer) Rules,1974 (Rule 11-A)

[SHC Citation: 2019-SHC-KHI-137506]
Sindh Government /Police Department cannot circumvent the law to make recruitment to the post of ASI on the basis of Son/Shaheedquota by issuing Standing Ordersor by invoking Rule 11-A of Sindh Civil Servants (Appointment, Promotion andTransfer) Rules,1974 and Sindh Shaheed Recognition and Compensation Act, 2014by relaxing the requisite qualification for appointment in the disciplinary force. The appointment of ASI can only be made through competitive process on merit.

Matter:APPOINTMENT

51. Const. P. 6417/2018 Khan Kamran Shamshad V/S Fed. of Pakistan and Others Sindh High Court, Karachi [SHC Citation: 2019-SHC-KHI-137527]
Rustication matter

Matter:AGAINST ORDER

52. Const. P. 653/2019 Najma Altaf Ahmed V/S Fed. of Pakistan and Others Sindh High Court, Karachi [SHC Citation: 2019-SHC-KHI-137530]
Bidding case

Matter:DIRECTION

53. Suit 1417/2012 MRS. ZAIBA KABLY V/S TARIQ NAZIR BUKHARI Sindh High Court, Karachi

Topic: Order Vii, Rule 11 C.P.C (Dismissed.)

[SHC Citation: 2019-SHC-KHI-138000]
Plaint will not be returned, merely because immovable property is situate outside territorial jurisdiction, when the actual relief sought is for recovery of sale price and damages against wrongful act.

Matter:RECOVERY OF AMOUNT / DAMAGES

54. Const. P. 3733/2016 MQM and Ors V/S Govt. of Sindh and Ors Sindh High Court, Karachi [SHC Citation: 2019-SHC-KHI-137526]
ELECTION MATTER

Matter:ELECTION MATTER

55. Suit 421/1991 Rahim Ali Palari & ors. V/S Govt. of Sindh & ors.. Sindh High Court, Karachi

Topic: Tort Law (Fatal Accident)

[SHC Citation: 2019-SHC-KHI-138015]
Suit under Fatal Accident Act is independent of proceeding under Motor Vehicle Ordinance, 1965 and Criminal Proceeding (If any). Res Ipsa Loquitor applies to fatal accident cases. If accident / incident disputed then onus on Defendant to disprove negligence. Defendant to disprove causation of death. Criteria for awarding damages. Deprivation of the association of a family member (loss of consortium). Tort Law as a Tool for enforcing good governance. Computing income of deceased when no evidence of employment.

Matter:RECOVERY

56. I. A 82/2018 Mrs. Asma Hassan & another V/S Askari Bank Limited Sindh High Court, Karachi

Topic: LIMITATION (Limitation Act 1908)

[SHC Citation: 2019-SHC-KHI-136791]
As a consequence hereof the Limitation Application has become infructous and is disposed-of.

Matter:AGAINST THE JUDGMENT

57. H.C.A 359/2018 Shahnawaz Jalil V/S Rani & Company & others Sindh High Court, Karachi [SHC Citation: 2019-SHC-KHI-136793]
The appeal is allowed in terms herein contained.

Matter:AGAINST ORDER

58. Const. P. 728/2016 Mst. Najma Nighat V/S Mst. Hira Qureshi and Others Sindh High Court, Karachi [SHC Citation: 2019-SHC-KHI-136913]
Orphans, orphanage houses, Sindh Orphanages (Supervision and Control) Act, 1976, Private Educational Institutions (Regulations and Control) Rules, 2005, Secretary Social Welfare Department,

Matter:FAMILY MATTER

59. Const. P. 1957/2018 Mst Afsheen V/S Province Of Sindh & Others Sindh High Court, Karachi [SHC Citation: 2019-SHC-KHI-136912]
Protection, Women, children, vulnerable persons, destitute, domestic violence, welfare of minors, mechanism, safe houses, Domestic Violence (Prevention and Protection) Act 2013,

Matter:CUSTODY MATTER

60. Const. P. 2658/2018 Mst. Maya Ghina Ashfaq Khan D/o Ashfaq Ahmed Khan V/S Province of Sindh & Others Sindh High Court, Karachi
Protection, Women, children, vulnerable persons, destitute, domestic violence, Justice Salahuddin Panhwar, welfare of minors, mechanism, safe houses, Domestic Violence (Prevention and Protection) Act 2013,

Matter:PROTECTION

61. I.T.R.A 55/2015 INTERNATIONAL POWER GLOBAL DEVELOPMENTS LTD. V/S THE COMMISSIONER INLAND REVENUE. Sindh High Court, Karachi
The aforesaid all ITRA are dismissed as withdrawn along with pending applications. Office is directed to place copy of this order in I.T.R.A. Nos.47 to 55 to 2015.

Matter:INCOME TAX

62. I.T.R.A 46/2015 INTERNATIONAL POWER GLOBAL DEVELOPMENTS LTD. V/S THE COMMISSIONER INLAND REVENUE Sindh High Court, Karachi
The aforesaid all ITRA are dismissed as withdrawn along with pending applications. Office is directed to place copy of this order in I.T.R.A. Nos.47 to 55 to 2015.

Matter:INCOME TAX

63. Suit 1724/2009 MST.ZAIBUNISA & ORS. V/S IQBAL AHMED & ORS. Sindh High Court, Karachi

Topic: Specific Relief Act, (), Tort Law (), Administration Suits ()

[SHC Citation: 2019-SHC-KHI-137999]
Section 39 of Specific Relief Act. Cancellation of Document. An instrument inherently void not required a formal cancellation under Section 39 of Specif Relief Act. Object of Law is to advance justice and remedy the wrong forthwith, instead of putting a law abiding person through the mill. to enforce orderly behaviour in a society. General Damages awarded for sufferings of Plaintiffs. Plaintiffs awarded general damages due to protracted litigation and on account of fraudulent act of Defendants.

Matter:CANCELLATION OF DOCUMENTS

64. Const. P. 628/2014 Rasool Bux Shar V/S Federation of Pakistan Sindh High Court, Circuit at Hyderabad [SHC Citation: 2019-SHC-HYD-139550]
pensionary benefits

65. Const. P. 804/2009 Mst: Shahnaz Akhtar V/S WAPDA and Others Sindh High Court, Circuit at Hyderabad

Topic: Service matters (Promotion)

Even departmental rules, regulations and instructions, which are non-statutory, have to be adhered to and an employer (Organization) cannot deviate from such rules and instructions, which are in the nature of a contract, binding on the parties. With regard to the Policy matters, it has been held, that even in the absence of vested right, the principle of policy is enforceable. The Respondents have failed to justify the issuance of impugned Officer Order, which ex facie is violative of the policy of the Respondent No.1 contained in Office Memorandum dated 13-04-1988 besides being unreasonable, hence, having no legal sanctity. Consequently, the impugned Office Order is of no consequence and is set aside. Accordingly, petition is accepted and the grant of BPS-15 to the Petitioner is restored with effect from 14-10-1991 and her other service benefits have to be fixed and calculated accordingly.

66. Suit 2609/2015 Dr. Buland Iqbal & Others. V/S The Arts Council of Pakistan & Others. Sindh High Court, Karachi

Topic: Election Matters (Stay)

Injunction in Election disputes;

Matter:DECLARATION

67. Const. P. 6274/2017 Bushra Jabeen and Ors V/S Province of Sindh and Ors Sindh High Court, Karachi

Topic: Sindh Private Educational Institutions (Regulation and Control) Ordinance, 2001 ()

Private School

Matter:DIRECTION

68. Suit 1625/2016 M/s. Fine Enterprises Traders.. V/S M/s. Constellation Co-Op. H.S. Ltd., & Others. Sindh High Court, Karachi

Topic: Civil Procedure Code CPC (O. XXX, R. 1. Application dismissed.)

2019 CLD 185 [SHC Citation: 2018-SHC-KHI-130736]
Suit by a partner on behalf of firm---Maintainability---Partner was not required to have an authority from other partners before initiating any action by way of a suit---No adverse consequence had been mentioned in the provision of O. XXX, R. 1, C.P.C. if compliance was not made---Partner could neither relinquish a claim of the firm nor withdraw a suit or proceeding without the authorization or endorsement of the other partners of a firm.

Matter:SPECIFIC PERFORMANCE

69. Const. P. 71/1994 Gul Ahmed Textile Mills V/S Collector of Customs & Ors Sindh High Court, Karachi

Topic: Constitution of Pakistan, 1973 ()

[SHC Citation: 2018-SHC-KHI-128932]
Constitutional petition is maintainable even if Federation or Province not impleaded as respondent.

Matter:IQRA SURCHARGE

70. Suit 2400/2017 Dr. Nadeem Khalid Khan V/S Sindh Employees Social Security Institution Sindh High Court, Karachi

Topic: Companies matters (Suspension CaseLaw)

2018 SBLR Sindh 22565
Suspension of employee though not provided in employment rules is permissible under the General Clauses Act

Matter:DECLARATION

71. Const. P. 2110/2009 Muhammad Tariq Qasmi V/S Federation of Pakistan & ors Sindh High Court, Karachi 2019 PLC CS 594 [SHC Citation: 2018-SHC-KHI-128812]
EJECTMENT AND RECOVERY OF POSSESSION

Matter:DIRECTION

72. Suit 1007/2000 Mrs. Uzma Moinuddin V/S Pakistan Defence Officers Housing Authority Sindh High Court, Karachi

Topic: Specific Relief Act, (Suit for Declaration, Injunction and Compensation. Decreed.)

2019 YLR 380
When a Government functionary or statutory body was vested with discretionary powers then same were to be exercised in a structured manner---Discretion was to be exercised in a fair, just and reasonable manner. Suit of Plaintiff was decreed except the claim of damages.

73. Suit 886/1999 Syed Raza Haider Rizvi V/S Gordon Shipping Company Ltd. and another Sindh High Court, Karachi

Topic: Tort Law (Damages and Compensation), Specific Relief Act, ()

Plaintiff was employee of defendants (employers) who were bound to provide him proper medical treatment---Plea raised by plaintiff was that due to failure of defendants to provide medical treatment, he had suffered permanent physical disability due to injury sustained by him during duty---Validity---Defendants neither produced any document about complete recovery of plaintiff nor had questioned authenticity of documents produced by plaintiff---Expert opinion of doctors further substantiated the fact that till March-1999 plaintiff was not fully recovered from injury which inhibited his pursuit of career---Testimony of plaintiff (employee) and undisputed documentary evidence produced by him weighed in favour of plaintiff as against oral evidence of defendant that complete medical treatment was given to plaintiff---To extent of negligence shown by defendants (employers) in providing incomplete medical treatment of plaintiff stood proved---Suit for damages and compensation was decreed accordingly.

74. Const. P. 1913/2017 Gulzar Ahmed V/S Province of Sindh and others Sindh High Court, Bench at Sukkur

Topic: Environment Law (Cutting of Trees), Sindh Local Government Act ()

[SHC Citation: 2018-SHC-SUK-137203]
Cutting of Trees (Environment): Green Belt with trees is a 'Public Trust' resource. Environmental Human Rights are in fact fundamental human rights. Plea of National Security is also justiciable. "Rational Basis Test" explained. Balance is to be struck between the policies relating to security and civil liberties. State Institutions are subject to the accountability. Judiciary in a Muslim Polity is clothed with greater obligation. Only concern council can direct the cutting of dangerous trees under paragraph 55 of Part II-Schedule II of SLGA 2013.

75. Suit 1142/2003 Pakistan Battery Mfg. Co. (Pvt.) Ltd. and another V/S Muhammad Fahad Farooqi and others Sindh High Court, Karachi
Suit for Specific Performance. Suit Decreed except the prayers clause of awarding the compensation for withholding the performance. It was held that since the specific performance of MoU is allowed, subject to codal formalities, therefore, the claim of compensation of plaintiff is rejected.

76. Suit 1650/2008 Mrs. Shamima Alam V/S Syed Abu Obedah and others Sindh High Court, Karachi

Topic: Civil Procedure Code CPC (Suit for Declaration,cancellation and Injunction decreed as prayed, the damages were also awarded.), Tort Law ()

Suit for Declaration, Cancellation, Injunction and Mesne profit. suit decreed except the Mesne profit as same were not proved. However, damages were awarded to the plaintiff for the loss which she suffered on account of demolition of boundary wall of her plot.

77. Suit 1689/2008 Mst. Saira Khatoon V/S Syed Muhammad Ashraf and others Sindh High Court, Karachi

Topic: Civil Procedure Code CPC (Recovery of Earnest Money and Damages), Tort Law ()

[SHC Citation: 2018-SHC-KHI-124173]
Suit for Recovery of Earnest Money and Damages decreed. The defendant had not any authority from the owner of the apartment for its sale, hence, the defendant through misrepresentation and fraud, induced the plaintiff in paying the amount of rupees fifty thousand towards part payment/earnest money for sale of apartment. The Defendant no. 1 was directed to pay the earnest money and the damages of rupees five hundred thousand to the plaintiff.

78. Suit 665/2003 Umar Islam Khan V/S Abdul Basit and others Sindh High Court, Karachi

Topic: Civil Procedure Code CPC (Declaration and Cancellation)

[SHC Citation: 2018-SHC-KHI-123493]
Suit for Declaration and Cancellation decreed. Held that the impugned transaction/transfer in favour of Defendant No. 1 is to be struck down on three grounds. (i) Admittedly no sale price was paid by the Defendant no. 1 to plaintiffs. (ii) Even the mother could not have entered into such type of transaction, if at all it even assumed that deceased mother of plaintiffs did sign the affidavit, though no convincing evidence has been led by Defendant No. 1 with regard to this fact, and (iii) Under section 11 of Contract Act, Plaintiffs No. 2 and 3, being minors at that relevant time, could not have entered into sale transaction with Defendant No. 1, again, even if it assumed that these plaintiffs had signed the documents under challenge; such kind of transaction is held void ab initio.

79. Suit 1744/2016 Hanif Ahmed and another V/S Sindh Building Control Authority and others Sindh High Court, Karachi

Topic: Injuction Applications (Injunciton Dismissed )

Application U/O. XXXIX, R. 1 & 2 C.P.C dismissed.

80. Suit 139/2007 Diamond Weld Rods (Pvt) Limited V/S Messrs Stal Co GmbH and others Sindh High Court, Karachi

Topic: Shipping (suit for recovery of money (freight)), Civil Procedure Code CPC ()

2018 PLD SC 483 [SHC Citation: 2018-SHC-KHI-122573]
Suit for recovery of money and injunction---Freight. Document produced by plaintiff as Bill of Lading was though not forged but it did not fulfil requirement of Bill of Lading and same could be considered as such--- Bill of Lading produced by shipping company was genuine as it fulfilled its statutory requirements---Plaintiff was required to pay freight to shipping company as Bill of Lading clearly mentioned that 'freight to be collected at destination port'---Such legal and factual position was backed by Ss. 47 & 48 of Karachi Port Trust Act, 1886 and goods could not be removed from public warehouse or sheds until freight in respect thereof was paid either to master or owner of vessel--- Suit was decreed accordingly.

81. Suit 622/2003 Major Ret. Sheikh Abdul Naeem V/S Pakistan Defence Officers Housing Authority and others Sindh High Court, Karachi

Topic: Civil Procedure Code CPC ( Declaration and Injunction. Suit dismissed.)

2018 YLR 2210
Suit for declaration---Pakistan Defence Officers Housing Authority---Cancellation of allotment of plot---Plaintiff being employee of Pakistan Army was allotted plot but same was cancelled by the Housing Authority on the ground that he had already been allotted another plot---Contention of plaintiff was that said plot was allotted to him as per his service entitlement---Validity---Plaintiff was earlier allotted a plot under his membership---Plaintiff when filled up and submitted application form knowingly suppressed the fact with regard to allotted plot---Plaintiff was not entitled to more than one residential plot under by-laws of the Housing Authority---Impugned allotment was in violation of by-laws of the Housing Authority---Allotment of suit plot had been obtained through misrepresentation of facts---No person could be allowed to retain ill-gotten gain---Court was not to come to the aid of a person to retain a benefit or privilege to which he was not entitled at the very inception---Plaintiff was afforded chance to appear before the Scrutiny Committee of Housing Authority but he failed to avail that opportunity---Housing Authority had not violated any of the principles of natural justice---Suit was dismissed in circumstances.

82. Suit 1482/1998 Abdul Wahid V/S Deedar Ali Issran Sindh High Court, Karachi

Topic: Specific Performance (Suit Dismissed. )

[SHC Citation: 2017-SHC-KHI-121453]
Sale Deed registered in favour of defendants are valid documents and have been entered by the authorized Attorney (having registered sub-irrevocable general power of attorney which is in pursuance of earlier registered irrevocable general power of attorney given by the legal heirs to one of legal heirs) of the plaintiffs. Suit dismissed.

83. Const. P. 7826/2017 Naila Maqbool and 136 Others V/S Province of Sindh and Ors Sindh High Court, Karachi
MBBS-BDS Admission Test (NTS) CPD 7826-2017

Matter:ADMISSION MATTER

84. H.C.A 47/2013 Haroon Zia Malik V/S Mst. Fariha Razzak and others Sindh High Court, Karachi

Topic: H.C.A (Revocation of Gift)

2018 YLR 1557 [SHC Citation: 2017-SHC-KHI-120052]
Plaintiff was owner of suit property who voluntarily gifted the same to the donee-wife---Trial Court had correctly appraised the evidence while recording his findings---Impugned gift deed was not a forged and fabricated document but same had been signed by the donor---Suit property had been gifted in favour of defendant who was wife of donor at the relevant time---Ingredients of gift were offer, acceptance and delivery of possession which were present in the case---Possession of suit property was already with the donee which till date continued to be with her---If husband had made a gift of anything to his wife or vice-versa then it could not be retracted---Transaction in question was not a financial one but it was gift of which a reciprocal financial obligation was not a consideration---Provisions of Arts. 17 & 79 of Qanun-e-Shahadat, 1984 were not applicable in the matter of gift---Gift did not require a compulsory registration---Donor did not suffer any mental distress at the hand of donee---Impugned judgment did not suffer from any infirmity or illegality---Appeal was dismissed in circumstances.

85. Suit 627/2017 Mr. Hamood Mehmood V/S Mst. Shabana Ishaque and others Sindh High Court, Karachi

Topic: Specific Performance (Suit Dismissed. )

2018 YLR 713
Plaintiff, in the present case, enjoyed the ad-interim injunctive relief but despite giving ample opportunities and chances to comply with the orders of Court he kept on defying all such directions/orders---One who sought equity must also do equity---Suit was dismissed in circumstances.

86. Suit 1151/2011 Mrs. Hailey Vincent D'Abreo V/S Province of Sindh and another Sindh High Court, Karachi

Topic: Civil Procedure Code CPC (- Suit for Possession and Permanent Injunction)

Rent arrears of School building. S.R.P.O does not apply to the Government buildings. Relief of rent arrears and possession of school building was allowed.

87. Suit 889/1998 Mirza Abdul Sattar Baig V/S Pakistan Railways and others Sindh High Court, Karachi

Topic: Civil Procedure Code CPC (Suit for Declaration, Permanent and Mandatory Injunction. Suit dismissed with cost.)

Suit for Declaration, Permanent and Mandatory Injunction dismissed with cost.

88. Suit 327/1966 Raza Hussain and others V/S Muhammad Khan and others Sindh High Court, Karachi

Topic: Specific Performance (Compromise, Direction. )

2018 YLR 1053 [SHC Citation: 2017-SHC-KHI-116992]
Suit for specific performance of agreement to sell. Directions to the Nazir to handover the possession of suit land to its claimants.

89. Const. P. 1802/2017 Premier Battery Industries Pvt. Ltd. V/S Karachi Water and Sewerage Board and another Sindh High Court, Karachi

Topic: Public Procurement matters (Public Notice/Bidding process)

2019 CLC 583 [SHC Citation: 2017-SHC-KHI-116906]
Once the procuring authorities started bidding/ tendering process, provisions of Rr. 17(3) & 18 of Sindh Public Procurement Regulatory Authority Rules, 2010, would be applicable and such stage was a subsequent one and had not reached---Petitioner did not have any locus standi to assail procurement process, as it did not even participate in first stage of the process by submitting Expression of Interest---Public Notice in question did not violate any of the provisions of Sindh Public Procurement Regulatory Authority Rules, 2010---Basic information according to R. 73 of Sindh Public Procurement Regulatory Authority Rules, 2010, contained about subject project, eligibility of participants, date of purchase of Expression of Interest document and the same could also be down loaded from Sindh Public Procurement Regulatory Authority website and last date of submission also---Constitutional petition was dismissed in circumstances.

90. Suit 752/1984 Cherat Cement Company Limited V/S Ghazanfar Ali & two others Sindh High Court, Karachi

Topic: Civil Procedure Code CPC ( Suit for Recovery. Decreed.)

[SHC Citation: 2017-SHC-KHI-116568]
Two Suits i-e, Suit for Recovery filed by the plaintiff and suit for Declaration, Cancellation and Damages filed by the defendants were decided in a single judgment. The Suit of Plaintiff was decreed whereas the Suit of defendant was dismissed.

91. Suit 358/1985 Ghazanfar Ali and another V/S Cherat Cement Limited and others Sindh High Court, Karachi

Topic: Civil Procedure Code CPC (Suit for Declaration, Cancellation and Damages dismissed.)

[SHC Citation: 2017-SHC-KHI-116569]
Suit for Declaration, Cancellation and Damages dismissed.

92. S.M.A 58/2013 Mrs. Atteeya Mahmood (Petitioner) V/S Nighat Muzaffar and another Sindh High Court, Karachi

Topic: S.M.A (Review Application dismissed)

[SHC Citation: 2017-SHC-KHI-116227]
The Objectors' counsel has failed to point out any error, factual or legal in the order dated 30-01-2017, sought to be reviewed by the present applicant. C.M.A dismissed.

93. Suit 611/2016 Abu Bakar Bin Abdul Qadir and another V/S Laeeq Ahmed and others Sindh High Court, Karachi

Topic: Order Vii, Rule 11 C.P.C (Dismissed.)

2018 CLC Note 24 [SHC Citation: 2017-SHC-KHI-116012]
Defendants failed to make a case for grant of application under O. VII, R. 11, C.P.C.---Application was dismissed in circumstances.

94. Suit 74/1991 Mohammad Sarwar V/S Government of Sindh and others Sindh High Court, Karachi

Topic: Tort Law (), Civil Procedure Code CPC (Compensation.)

[SHC Citation: 2017-SHC-KHI-115794]
Custodial death, suit for recovery of compensation amount decreed.

95. Suit 101/1984 Karachi Properties Investment Company (Private) Limited V/S Karachi Properties Investment Company (1974) (Private) Limited and others Sindh High Court, Karachi

Topic: Civil Procedure Code CPC ( Suit for Recovery. Decreed.)

Once it has been admitted by the defendant that a huge amount rupees 9.3 Million was paid way back in 1978, which at the time was no doubt enormous amount, then onus on defendants to prove that either they paid back this amount to plaintiff or kept this amount in a separate account and it was never utilized in their other transactions. The Defendants failed to discharge their onus. Suit decreed.

96. S.M.A 230/2016 In the matter of Letter of Administration of deceased Tahir Ahmed Khan V/S Nil Sindh High Court, Karachi

Topic: International Law (), Civil Procedure Law (UAE) (), Civil Procedure Code CPC (Section 13.), Civil Procedure Code CPC (Section 44.)

2019 PLD Sindh 130, 2017 SBLR Sindh 2034 [SHC Citation: 2017-SHC-KHI-114787]
Pakistan Act 1990,UK Civil Procedure Law (UAE)

97. Suit 1661/2015 Dewan Steel Mills and others V/S Federation of Pakistan and another Sindh High Court, Karachi

Topic: Anti Dumping Law ()

2018 PTD 668 [SHC Citation: 2017-SHC-KHI-114511]
Ant- Dumping Case: Concept of dumping explained. Section 31 Anti Dumping Act, 2015, explained. NTC not required to first give an independent decision or determination before delivering its preliminary determination. Concession of parties cannot confer jurisdiction on a Court. Suit barred in view of Section 70 of the Anti Dumping Act, 2015. Confidentiality issue to be considered by Appellate Forum. Information and database about prices of a product obtained from Customs Department, not confidential, unless otherwise barred by any statute or rule. Decisions of National Tariff Commission should not be resulting in creating directly or indirectly any monopoly or cartel of any business. Claim of confidentiality should be decided on the touchstone of Article 19A of the Constitution of Islamic Republic of Pakistan, 1973, and Freedom of Information Ordinance, 2002. Role of National Tariff Commission is very significant vis-a-vis CPEC. NTC to ensure that local industry is not destroyed. Time enlarged for filing Appeal before the Appellate Authority. Case referred to National Tariff Commission.

98. Suit 2489/2016 M/s. Al Naseeb Welfare Foundation International V/S M/s. Latif Memorial Hospital & others Sindh High Court, Karachi

Topic: Order Vii, Rule 11 C.P.C (Allowed.)

2018 CLC 883
Suit for declaration---Rejection of plaint.

99. Const. P. 7097/2016 Karamat Ali and Ors V/S Fed. of Pakistan and Ors Sindh High Court, Karachi

Topic: Police Law (2011 Sindh Act), Police Law ( Police Act, 1861)

[SHC Citation: 2017-SHC-KHI-138628]
The principal statute regarding the police currently in force in Sindh is the Police Act, 1861 (Police Act), as revived and restored by the Sindh (Repeal of the Police Order, 2002 and Revival of the Police Act, 1861) Act, 2011 (2011 Sindh Act)

Matter:REVIVAL OF POLIC ACT

100. Suit 1367/2007 Muhammad Iqbal Dawood and another V/S Abdul Qayoom Hot and another Sindh High Court, Karachi

Topic: Civil Procedure Code CPC (Suit for Possession & Mesne Profit)

2018 YLR 1319 [SHC Citation: 2017-SHC-KHI-114896]
Suit for possession of immovable property and mesne profits. Suit Decreed

101. Suit 541/2007 MST. AMTUL FATIMA & ORS. V/S SYED TAHIR ALI JAFRI & ORS. Sindh High Court, Karachi

Topic: Civil Procedure Code CPC (Order XXI, Rule 85)

[SHC Citation: 2017-SHC-KHI-112438]
Order XXI, Rule 85. Application dismissed.

102. Suit 750/2016 Syed Farukh Mazhar V/S SGS Headquarters and others Sindh High Court, Karachi

Topic: Injuction Applications (Injunciton Dismissed )

2018 PLD Sindh 327 [SHC Citation: 2017-SHC-KHI-112662]
Injunction dismissed.

103. Suit 1090/1991 Sunray Corporation (Private) Limited V/S M/s. Total Parco Marketing Ltd Sindh High Court, Karachi

Topic: Tort Law (Recovery of Damages)

[SHC Citation: 2016-SHC-KHI-114894]
The Defendant in breach of its contractual obligation did not purchase the lubricants product from plaintiff. Suit decreed by awarding damages with markup rate of 12% from the date of institution of the suit till realization amount.

104. Const. P. 5812/2015 Shahrukh Shakeel Khan and others V/S Province of Sindh through Chief Secretary, Sindh and others Sindh High Court, Karachi [SHC Citation: 2016-SHC-KHI-107534]
School Fees Judgement

105. Const. P. 6383/2015 Tehseen Muzammil and others V/S Province of Sindh through Chief Secretary, Sindh and others Sindh High Court, Karachi [SHC Citation: 2016-SHC-KHI-107537]
School Fees, Schools who have increased their tuition fees over 5% per annum for the last three years from the date of their respective registration/reregistration, no further enhancement be permitted until their re-registration whereupon enhancement be regulated in strict compliance of Sub-rule 7 (3) of the Rules 2002

106. Suit 646/1999 KHAN JAMAL V/S M/S. LONG LIFE BUILDERS & ORS. Sindh High Court, Karachi

Topic: Civil Procedure Code CPC (Suit for Declaration and Mesne profit)

Suit for Declaration & Mesne profit. Suit Decreed.

107. Const. P. 2524/2016 Ali Muhammad & another V/S Federation of Pakistan and others Sindh High Court, Karachi

Topic: Building Control and Town Planning Regulations, 2011 ()

Registered sub-leases in respect of two apartment / units which were non-existent at the time of registration and even till the decision of the instant petition, have been directed to be cancelled by Nazir of Sindh High Court. It is an admitted position that these apartments are to be located at the third floor / story of the building which is not even constructed by the Builder. Section 17 of the Registration Act, 1908, cannot be construed so as to include an immovable property, which is not even existing at the time of registration. Property sought to be registered should be of ascertainable description. Similarly, Section 2, subsection (6) of the Registration Act, 1908, wherein an immovable property is defined, inter alia, means that an immovable property should be a tangible one and physically exists.

108. Suit 826/1987 M/S. MUSTAFA SONS PVT. LTD. V/S PORT QASIM AUTHORITY. Sindh High Court, Karachi

Topic: Civil Procedure Code CPC (Recovery ), Companies matters ()

A suit instituted on behalf of a Plaintiff-Company without a valid authorization simply means that the plaint is not existing for all intents and purposes.

109. Suit 903/2007 Allah Dino Khaskheli V/S HBL Sindh High Court, Karachi [SHC Citation: 2016-SHC-KHI-109885]
Damages employement HBL

110. Const. P. 3379/2016 Abdul Latif Shaikh V/S Province of Sindh and Ors Sindh High Court, Karachi

Topic: Sindh Local Government Act (Election Matters)

2017 YLR 1174
An election for the reserved seat in a Municipal Committee without first filling up the vacant general seat in one of its Wards, will be an exercise in futility, as it will adversely affect the subsequent election of Chairman and Vice Chairman of that Municipal Committee. Consequently, in terms of Rule 47 of the Sindh Local Councils (Election) Rules, 2015, relating to electoral college should be complied with.

111. Const. P. 2199/2016 Haji Khan V/S Province of Sindh and others Sindh High Court, Bench at Sukkur 2017 CLC 1650
The eligibility criteria f a contesting candidate mentioned in the Sindh Government Act, 2013 (2013 Act), is to be interpreted keeping in view the basic concept of 2013 Act, which spells out that if a candidate is voter registered in an urban area, then he can only be elected for a Council falling within an urban area of the District as envisaged in Section 8 and 15 of the 2013 Act, including town committees; irrespective of the fact that a candidate is voter of the same district.

112. Const. P. 84/2016 Mst. Samina Pathan V/S National Database and Registration Authority [NADRA] Sindh High Court, Karachi

Topic: Constitution of Pakistan, 1973 (199)

2018 PLC Lab. 36 [SHC Citation: 2016-SHC-KHI-106735]
Dismissal from service in undue haste and in violation of statutory service rules, can be assailed in a writ jurisdiction.

113. Const. P. 2105/2016 Mst. Bhalan V/S The Province of Sindh & others Sindh High Court, Karachi

Topic: Constitution of Pakistan, 1973 (199)

2017 PLC CS 80
Correction in date of birth---The petition is completely silent about the fact that what steps the petitioner took to get her official service record corrected, while she was in service. This apparent contradiction about date of birth is a pure question of factual controversy and cannot be resolved in a writ jurisdiction under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973.---Even otherwise, issue at hand does not fall within the ambit of writ jurisdiction as it is barred under Article 212 of the Constitution of Islamic Republic of Pakistan, 1973, as, inter alia, the subject dispute is about an order of retirement from service passed by the departmental authority, as envisaged in Section 2(a) of the Sindh Service Tribunal Act, 1973, and can be otherwise assailed before Service Tribunal in accordance with law.

114. Const. P. 198/2016 Abdul Majeed V/S NAB and others Sindh High Court, Bench at Sukkur

Topic: NAB ()

Bail Granted--- Petitioner was a Bank official and arrested by National Accountability Bureau on a complaint by manager of a private Bank that he, along with co-accused persons, misused their authority and misappropriated/embezzled funds of bank by illegally opening an imprest account---Validity---Fact that as to how much amount landed in pocket of petitioner as beneficiary was not highlighted. No loss was caused to public exchequer as matter pertained to a private Bank. Company in whose favour purported fake Letters of Guarantee were issued also did not come forward with their claim or complaint. Validity of Letters of Guarantee had expired. Under instruments, no fiscal fraud of cheating was committed. Prosecution had to still prove its case before Trial Court and therefore, case fell within established ingredients for grant of bail, as it was a case of further inquiry in order to prove guilt of petitioner.

115. Suit 13/1972 PREMIER INSURANCE CO. V/S KARACHI SHIPYARD & ENGINEERING V/S M/S. FAROOQI & CO., Surridge & Beecheano, ARFIN & CO., Abdul Rauf, Samiuddin Sami, H. A. Rahmani Sindh High Court, Karachi

Topic: Civil Procedure Code CPC (Recovery ), Tort Law ()

2017 YLR 1551
Marine Insurance Policy is assignable and consequently an Insurance Company after being subrogated, can sue the tortfeasor in its own name, in terms of Sections 130A read with 135A, of the Transfer of Property Act, 1882.

116. Const. P. 718/2012 Ali Hassan & Others V/S Government of Sindh & Others Sindh High Court, Bench at Sukkur

Topic: Constitution of Pakistan, 1973 (199)

Mere issuance of conditional appointment letters that too for a contract employment, cannot be invoked for seeking a relief for issuance of writ of mandamus, when official respondents have categorically disputed the relationship of the employment.

117. Const. P. 846/2014 Abdul Haq and Others V/S The Province of Sindh and Others Sindh High Court, Karachi

Topic: Constitution of Pakistan, 1973 (199)

2017 YLR 242, 2017 YLR 424 [SHC Citation: 2016-SHC-KHI-106727]
Constitutional petition---Claim of petitioner was disputed by respondents and Revenue Authorities---Due process of law---Applicability---Due process of law was of wide import and its applicability varied from case to case in accordance with the set of facts and circumstances---Due process of law was also directly related to the rights, interest and entitlement of a person as recognized by law---Petitioners could not make out a prime facie case of their legal entitlement of possession of suit property---Entries in the revenue record about their alleged claim were under scrutiny before the concerned authorities---Term "due process of law" was not applicable in circumstances---Constitutional petition was dismissed accordingly.

118. Const. P. 1519/2011 Abdul Ghafar V/S Govt of Sindh & ors Sindh High Court, Bench at Sukkur

Topic: Constitution of Pakistan, 1973 (199)

2017 PLC CS 625 [SHC Citation: 2016-SHC-SUK-112297]
Group Insurance being not part of inheritance (Tarka) and the same is payable to the nominee mentioned therein. Since, it is an admitted position as also supported by all documentary evidence, the present petitioner has been mentioned as nominee in the Nomination Form of State life Insurance Corporation, therefore, petitioner is entitled to amount of group insurance.---Rules 4.8, 4.9 and 4.10 of the West Pakistan Civil Services Pension Rules, 1963 are interpreted and pensionary benefits were allowed to the petitioner being a nominee.

119. Const. P. 4570/2015 Munir Ahmed V/S Federation of Pakistan and others Sindh High Court, Bench at Sukkur

Topic: NAB ()

[SHC Citation: 2016-SHC-SUK-112137]
Mere fact that petitioner opted for plea bargain, which was not even recommended by the NAB Authorities, or duly approved by the Accountability Court, cannot operate as a bar for withholding the bail, if the accused otherwise makes out a case for grant of bail on merits.

120. Suit 749/1989 Rice Export Corporation of Pakistan V/S Mohammad Alam Sindh High Court, Karachi 2016 CLC 1326, 2016 CLD 2106
Import and applicability of Sections 151 and 161 of the Contract Act [1872] has been discussed [things speak for themselves]. Defendant has been held liable to compensate Plaintiff for the losses it suffered.

121. Suit 1410/2013 Toyoshima & Co. limited V/S Shadman Cotton mills limited Sindh High Court, Karachi

Topic: Civil Procedure Code CPC (Territorial Jurisdiction)

[SHC Citation: 2016-SHC-KHI-106766]
Territorial jurisdiction of Sindh High Court was questioned by Defendant, primarily on the ground that Defendant-Company has been shifted from Karachi to Lahore, therefore, a foreign company / Plaintiff cannot enforce an International Arbitral Award by filing a suit in Sindh High Court. The crucial documentary evidence shows that when the suit proceeding was filed for enforcement of the Award under Section 6 of the Recognition and Enforcement (Arbitration Agreements and Foreign Arbitral Awards) Act, 2011, the Defendant had its registered office in Karachi and even Annual Report of the Company also shows that the Management notice for convening the Annual General Meeting was also to be held at Karachi. Consequently, it has been held, that Sindh High Court has jurisdiction in the matter.

122. Adm. Suit 287/1990 Jugolinifa V/S Sayeed A.Tayyab Sindh High Court, Karachi

Topic: ADMIRALTY ()

2016 SBLR Sindh 1651 [SHC Citation: 2016-SHC-KHI-138873]
Suit filed by unauthorized person---Defect in filing proceeding was incurable, hence, suit was dismissed

Matter:RECOVERY OF AMOUNT

123. Suit 796/1987 V/S Sindh High Court, Karachi

Topic: Contract Act (), Civil Procedure Code CPC ()

2016 CLC 1326, 2016 SBLR Sindh 967
No party is allowed to set up a new case in evidence, which is beyond his pleadings

124. Suit 456/1988 MUHAMMAD WAJID KHAN. V/S M/S. ATTOCK CEMENT FAC. PAK. LTD. Sindh High Court, Karachi

Topic: Tort Law (), Civil Procedure Code CPC (Damages)

2016 CLC 1063 [SHC Citation: 2016-SHC-KHI-106094]
A remedy available to a person under the Workmen Compensation Act, 1923, cannot operate as an absolute bar for seeking a remedy under an ordinary civil jurisdiction by filing a suit.The Defendants, who are Employer [Client], Contractor and sub-contractors, respectively, were jointly and severally held liable to pay damages for the negligent acts, which caused the Plaintiff serious injury and partial disability of permanent nature. Damages have been awarded by invoking the principle of composite negligence.

125. Suit 378/1987 Habib Jute Mills Limited V/S The Islamic Republic of Pakistan and another Sindh High Court, Karachi

Topic: ADMIRALTY (), Civil Procedure Code CPC (Suit for Recovery, Dismissed.)

2017 CLC 1783
Admiralty suit dismissed (Being filed by unauthorized person)

126. Const. P. 424/2016 Shabbir Ahmed V/S Chairman NAB and others Sindh High Court, Bench at Sukkur

Topic: NAB ()

2017 MLD 200
NAB Case: Recovery of 'amount due'---Willful default---Quashing of proceedings.

127. Suit 268/1980 Trading Corporation of Pakistan (Pvt) Ltd V/S V/S Muhammad ASLAM SIDDIQUI & ORS Sindh High Court, Karachi

Topic: Civil Procedure Code CPC ( Accounts & Recovery)

2016 CLD 2106
Suit for Recovery---Decreed

128. Suit 176/1985 Trading Corporation of Pakistan Ltd V/S Haji Khuda Bux Amir Umer ltd Sindh High Court, Karachi

Topic: Companies matters ()

2016 CLC 878, 2017 CLC 1387
If the very suit has been unauthorizedly and incompetently filed, that is, neither any authorization from the Board of Directors exists, nor the Articles of Association provide such authority, then such a defect remains incurable, even by a subsequent ratification.

129. Suit 871/1987 MUHAMMAD HABIB V/S HUMAYOON LTD. Sindh High Court, Karachi

Topic: Specific Performance (Refused), Civil Procedure Code CPC (Compensation.)

2017 SBLR Sindh 202 [SHC Citation: 2016-SHC-KHI-106078]
At all material times, the said Defendant No.1 was ready and willing to perform its contractual obligation and in pursuance thereof it got evicted different portions of the suit property from respective tenants, dismantling a Petrol Pump as well, which was being run by the said Defendant No.1. In this regard, correspondences were exchanged between the said Defendant No.1 and Plaintiff, wherein, the former has offered the latter to take the possession of the suit property together with Defendant No.4 as tenant but Plaintiffs who were planning to use the suit property for a commercial venture by constructing a multi-storied project, refused to accept the offer of the Defendant No.1 and consequently, the above mentioned main Agreement had become impossible to be performed and consequently was terminated.

130. Execution 25/2012 Askari Bank Ltd. V/S A.H. International (Pvt) Ltd. & OTHERS Sindh High Court, Karachi

Topic: Civil Procedure Code CPC (Execution. )

2016 YLR 1436
Transfer of property made in clear violation of Section 23 of the Financial Institutions (Recovery of Finances) Ordinance, 2001, is void.

131. J.M 62/2015 M/s. Shahtaj Textile Lmited. V/S Standard Chartered Bank (Pakistan) Ltd., & Others. Sindh High Court, Karachi

Topic: Civil Procedure Code CPC (12 (2) CPC)

2016 SBLR Sindh 594 [SHC Citation: 2015-SHC-KHI-138951]
If triable issues are not involved, which required leading and recording of evidence, then it is not mandatory to frame issues and an application under Section 12(2) of C.P.C. can be decided on the basis of available case record and undisputed facts. Ratable distribution under Section 73 read with Order XXXIV Rule 13 of Civil procedure Code; Bank having a mortgage decree in its favour has a preferential status over a money decree, which is in favour of Plaintiff.

Matter:APPLICATION U/S 12(2)

132. Const. P. 2293/2014 V/S Sindh High Court, Karachi

Topic: Constitution of Pakistan, 1973 (199)

Different agreements entered into between an Oil Marketing Company as a lessee / tenant of a property, with its Franchisee or other person(s), in particular, for NFR [non-fuel retail] business, is subservient to the main lease agreement being a registered document, entered into between an Oil Marketing Company and owner / lessor of a property. Therefore, for such agreements a written no objection is not necessarily required from landlord / lessor, but only from the concerned government functionary.

133. Suit 241/2008 MRS. ZAREENA V/S ISLAM UDDIN & OTHERS. Sindh High Court, Karachi

Topic: Civil Procedure Code CPC (Section 11)

2016 YLR Note 133
Principle of res judicata as envisaged under Section 11 of Civil Procedure Code, 1908, can in appropriate cases be made applicable to the interlocutory orders as well, particularly to forestall the abuse of process of Court, which is apparent from the conduct of the parties.

134. Const. P. 4404/2014 Syed Dost Ali V/S Fed. of Pakistan and Ors Sindh High Court, Karachi

Topic: Constitution of Pakistan, 1973 (199)

2016 SBLR Sindh 162 [SHC Citation: 2015-SHC-KHI-103304]
* In exceptional circumstances the writ jurisdiction under article 199 of the Constitution can be invoked, despite availability of an alternate remedy. * Excessive use of unlawful powers is itself unlawful.

135. Const. P. 618/2012 Nasrullah Domki V/S SHO PS Saddar Jacobabad and others Sindh High Court, Circuit at Larkana 2016 PLD 238 [SHC Citation: 2015-SHC-LRK-100703]
Nasrullah Const.p: Petitions No. S- 618 of 2012.S-65, 74, 79, 134, 164, 226, 284, 337, 697, 814,834, 845, 932 and 1079 of 2015.

136. Const. P. 344/2015 M/s. Haider Industries and others V/S Federation of Pakistan Sindh High Court, Karachi [SHC Citation: 2015-SHC-KHI-97572]
Regulatory Duty

137. Const. P. 3968/2013 Hussain Coal Mines V/S Director General Mines Sindh High Court, Karachi

Topic: Sindh Mining Concessions Rules, 2002 (grant and extension of lease)

Through aforesaid petitions, the petitioners have impugned Notification(s) dated 24.9.2013, whereby, Mining Permits of Coal issued in favour of the petitioners, which were valid up to 19.8.2011, have been cancelled/withdrawn.

138. S.M.A 183/2014 Rabia Saleem V/S Non Sindh High Court, Karachi
S.M.A granted with directions to the Nazir to act as Administrator for distribution of estate left by deceased among the legal heirs.

139. Const. P. 2829/2010 M/s.Iqbal & Sons V/S CDGK through DCO & Ors Sindh High Court, Karachi [SHC Citation: 2010-SHC-KHI-61016]
Sindh Public Procurement Rules, 2010.

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Hon'ble Mr. Justice Agha Faisal
Const. P. 7470/2017 Mst Almas Ismail V/S Fayyaz Hussain & Ors Sindh High Court, Karachi
2019 CLC 199, 2018 SBLR 1606
Approved for Reporting
Hon'ble Mr. Justice Muhammad Ali Mazhar, Hon'ble Mr. Justice Agha Faisal
Const. P. 1054/2018 Ishrat Ali Lohar V/S Federation of Pakistan and Others Sindh High Court, Karachi
2019 PLD 47, 2018 SBLR 1367
Approved for Reporting
Hon'ble Mr. Justice Munib Akhtar, Hon'ble Mr. Justice Agha Faisal
Cr.Misc. 131/2018 Aslam Pervaiz Abro and an others V/S Tameer Ali Dinari and others Sindh High Court, Circuit at Larkana
2019 YLR 228
Approved for Reporting
Hon'ble Mr. Justice Irshad Ali Shah
Latest Statutes
Topic: Criminal Procedure Code Cr.P.C 1898 ()
Cr.Appeal 163/2011 Jalaldin V/S The State & another. Sindh High Court, Karachi

Hon'ble Mr. Justice Nazar Akbar
Order Date: 21-MAY-19
Topic: Criminal Trial ( Benefit of doubt )
Cr.Acq.A. 49/2009 Muhammad Hamid V/S Asif and others Sindh High Court, Bench at Sukkur

Hon'ble Mr. Justice Irshad Ali Shah
Order Date: 07-MAR-19
Topic: Civil Procedure Code CPC ()
Suit 1187/2006 MRS.FOUZIA NAZIR V/S MUHAMMAD TALIB Sindh High Court, Karachi

Hon'ble Mr. Justice Nazar Akbar
Order Date: 19-FEB-19
Topic: Service matters ()
Matter:TRADE MARKS ACT
Suit 2177/2017 Osama Mansoor Kushtiwala V/S Mrs. Aliya Nadeem Kushtiwala & another Sindh High Court, Karachi

Hon'ble Mr. Justice Muhammad Junaid Ghaffar
Order Date: 18-FEB-19
Topic: Civil Procedure Code CPC ()
Suit 263/2009 Nadim Ahmed Ansari V/S Cantonment Board Clifton Sindh High Court, Karachi

Hon'ble Mr. Justice Nazar Akbar
Order Date: 05-APR-18
Topic: Civil Procedure Code CPC (Order XVII Rule 3 CPC)
Suit 379/1980 WAPDA V/S Shaikh Gulzar Ali & ors. Sindh High Court, Karachi

Hon'ble Mr. Justice Nazar Akbar
Order Date: 12-MAR-18
Topic: Civil Procedure Code CPC ()
Civil Revision 52/2009 Abdul Hakeem V/S Ameenuddin Since Deceased Through his Legal Heirs Sindh High Court, Karachi
2017 CLC 1406
Hon'ble Mr. Justice Nazar Akbar
Order Date: 03-NOV-16
Topic: West Pakistan Maternity Benefit Ordinance, 1958 (Section 4 West Pakistan Maternity Benefit Ordinance, 1958)
Civil Revision 291/2004 Mrs. Ishrat Parveen Bokhari V/S Muslim Education Society & co Sindh High Court, Karachi

Hon'ble Mr. Justice Nazar Akbar
Order Date: 02-MAY-16
Topic: Civil Procedure Code CPC ()
Civil Revision 266/1987 Syed Ghanzfar Hussain V/S Nooruddin & Ors Sindh High Court, Karachi
2016 YLR 2370
Hon'ble Mr. Justice Nazar Akbar
Order Date: 15-APR-16
Topic: Civil Procedure Code CPC ()
Civil Revision 172/1994 Shafi Mohammad & Ors V/S The President Clifton Cantonment Board & ors Sindh High Court, Karachi

Hon'ble Mr. Justice Nazar Akbar
Order Date: 14-MAR-16
Topic: Civil Procedure Code CPC ()
Civil Revision 77/2007 Farida Gul Agha & others V/S Saeeda Bano Ahmed & Ors Sindh High Court, Karachi
2016 YLR 2087
Hon'ble Mr. Justice Nazar Akbar
Order Date: 26-FEB-16
Topic: Civil Procedure Code CPC ()
Suit 300/1988 MST. UME AIMAR & ORS.. V/S MUHAMMAD YOUSUF & ORS. Sindh High Court, Karachi

Hon'ble Mr. Justice Salahuddin Panhwar, Hon'ble Mr. Justice Nazar Akbar
Order Date: 10-FEB-16
Topic: Civil Procedure Code CPC ()
Suit 1405/1998 RAFAT MALIK JAMAL V/S MUNAWAR MALIK JAMAL & ORS Sindh High Court, Karachi
2016 MLD 931
Hon'ble Mr. Justice Nazar Akbar
Order Date: 23-NOV-15
Topic: Civil Procedure Code CPC (Declaration and Permanent Injunction)
Suit 823/2008 Abdul Karim V/S Bilal Atiq & others Sindh High Court, Karachi
2015 CLC 1451
Hon'ble Mr. Justice Nazar Akbar
Order Date: 15-APR-15
Topic: Civil Procedure Code CPC (Contempt Application Dismissed.)
Suit 1706/2012 Dr. Samrina Hashmi V/S Pakistan Medial Association (Centre) & others Sindh High Court, Karachi

Hon'ble Mr. Justice Nazar Akbar
Order Date: 26-MAR-15
Topic: Civil Procedure Code CPC (Declaration and Cancellation)
Suit 1251/2008 MST.RABIA BIBI & ORS V/S SYED AHMED SHAH SHAMSI & ORS. Sindh High Court, Karachi

Hon'ble Mr. Justice Nazar Akbar
Order Date: 13-FEB-15
Topic: Civil Procedure Code CPC (Declaration and Permanent Injunction)
Suit 463/1983 BANK OF CREDIT & COMMERCE V/S KARACHI TANK TERMINAL LTD Sindh High Court, Karachi

Hon'ble Mr. Justice Nazar Akbar
Order Date: 11-DEC-14
Topic: Civil Procedure Code CPC (Order 1 Rule 10 CPC)
Suit 217/2009 MUHAMMAD ASHRAF & OTHER V/S V/S DILSHAD ALI & ORS. Sindh High Court, Karachi
2015 CLC 1061
Hon'ble Mr. Justice Nazar Akbar
Order Date: 03-DEC-14
Topic: Civil Procedure Code CPC (Order VII R.11), Order Vii, Rule 11 C.P.C ()
Suit 833/2010 MST. SHABANA & ANOTHER V/S NISHAT RASOOL & OTHERS Sindh High Court, Karachi

Hon'ble Mr. Justice Nazar Akbar
Order Date: 29-OCT-14
Topic: Civil Procedure Code CPC (Order VII R.11), Order Vii, Rule 11 C.P.C ()
Civil Revision 124/2014 Ali Muhammad & Anothers V/S Mst Saeeda & Ors Sindh High Court, Circuit at Hyderabad
2015 YLR 1937
Hon'ble Mr. Justice Nazar Akbar
Order Date: 30-SEP-14
Topic: C.P (Rent matters) ()
Const. P. 578/2012 Muhammad Izharul Haq V/S Mst,Zulekhan and others Sindh High Court, Circuit at Hyderabad

Hon'ble Mr. Justice Nazar Akbar
Order Date: 30-SEP-14
Topic: C.P (Rent matters) ()
Const. P. 337/2013 Malak Zahoor-ul-Haq V/S 2nd Additional Judge, Sanghar & Others Sindh High Court, Circuit at Hyderabad
2015 CLC 468
Hon'ble Mr. Justice Nazar Akbar
Order Date: 26-SEP-14
Topic: Civil Procedure Code CPC (Order XXVI Rule 9 CPC)
I. A 61/2010 Province of Sindh & another V/S Jan Muhammad & Ors Sindh High Court, Circuit at Hyderabad
2015 SBLR 891, 2015 MLD 1525
Hon'ble Mr. Justice Nazar Akbar
Order Date: 17-SEP-14
Topic: Specific Performance ()
Civil Revision 291/2012 Faisal S/O Syed Zameerul Hussain V/S Mst. Khursheed Akhtar & Others Sindh High Court, Circuit at Hyderabad
2015 PLD 46
Hon'ble Mr. Justice Nazar Akbar
Order Date: 29-AUG-14
Topic: Cantonment Rent Restriction Act, 1963 ()
Const. P. 673/2014 TANVEER AHMED SHAH V/S RENT CONTROLLER FAISAL CANTT. & ANOTHER Sindh High Court, Karachi
2014 CLC 1372
Hon'ble Mr. Justice Nazar Akbar
Order Date: 30-MAY-14
Topic: Constitution of Pakistan, 1973 (), Family matter ()
Const. P. 409/2014 MST. RABIA NOOR V/S SHAHZAD SHAH & OTHERS Sindh High Court, Karachi
2014 MLD 1333
Hon'ble Mr. Justice Nazar Akbar
Order Date: 28-MAY-14
Topic: Constitution of Pakistan, 1973 (Harassment)
Const. P. 745/2013 Mst Ghulzadi V/S Govvernement of sindh & others Sindh High Court, Karachi
2014 PLD 386
Hon'ble Mr. Justice Nazar Akbar
Order Date: 27-MAY-14
Topic: Cantonment Rent Restriction Act, 1963 ()
F.R.A 17/2014 ASIF NAJAM ANSARI V/S MRS. MARIAM MIRZA & ANOTHER Sindh High Court, Karachi
2014 MLD 1304
Hon'ble Mr. Justice Nazar Akbar
Order Date: 27-MAY-14
Topic: Companies matters (companies ordinance )
Suit 139/2010 Nasim Beg V/S The Securities and Exchange Commission of Pakistan Sindh High Court, Karachi
2014 CLC 1218, 2014 CLD 853
Hon'ble Mr. Justice Nazar Akbar
Order Date: 28-APR-14
Topic: Companies matters (companies ordinance )
Suit 139/2010 Nasim Beg V/S The Securities and Exchange Commission of Pakistan Sindh High Court, Karachi
2014 CLC 1218, 2014 CLD 853
Hon'ble Mr. Justice Nazar Akbar
Order Date: 28-APR-14
Topic: Civil Procedure Code CPC (Order VII R.11), Order Vii, Rule 11 C.P.C ()
Suit 1559/2009 KHALID MEHMOOD YOUSUFI V/S MST.KULSUM BAI Sindh High Court, Karachi

Hon'ble Mr. Justice Nazar Akbar
Order Date: 14-APR-14
Topic: Civil Procedure Code CPC (Order 2 R.2)
Suit 1229/2009 MUHAMMAD TARIQ V/S MUHAMMAD SALEEM & ORS. Sindh High Court, Karachi

Hon'ble Mr. Justice Nazar Akbar
Order Date: 05-APR-14
Topic: Civil Procedure Code CPC (Compensation.)
Suit 923/2010 ABDUL REHMAN V/S CHAIRMAN M/S.MARI GAS Sindh High Court, Karachi
2015 MLD 61
Hon'ble Mr. Justice Nazar Akbar
Order Date: 02-APR-14
Topic: Constitution of Pakistan, 1973 (Harassment)
Const. P. 354/2014 MST. SHABANA ANWER V/S PROVINCE OF SINDH & OTHERS Sindh High Court, Karachi
2014 PLD 341
Hon'ble Mr. Justice Nazar Akbar
Order Date: 24-MAR-14
Topic: Civil Procedure Code CPC ()
Suit 74/2007 MUHAMMAD SALEEM. V/S M/S.PREMIER AGGLOW IND Sindh High Court, Karachi
2014 CLC 1080
Hon'ble Mr. Justice Nazar Akbar
Order Date: 21-MAR-14
Topic: Civil Procedure Code CPC (Order VII R.11)
Suit 194/1991 MST. SHIRIN AKHTAR & ORS. V/S THE AGHA KHAN UNIVERSITY HOSPITAL & ORS. Sindh High Court, Karachi

Hon'ble Mr. Justice Nazar Akbar
Order Date: 05-MAR-14
Topic: Civil Procedure Code CPC (Recovery )
Suit 1716/2010 M/S.AZHAR CORP PVT LTD V/S M/S.STOLT MARKLAND & ORS. Sindh High Court, Karachi

Hon'ble Mr. Justice Nazar Akbar
Order Date: 12-FEB-14
Topic: Civil Procedure Code CPC (Section of Transfer of Property Act, 1882)
Suit 1151/2005 BASHIR V/S GHULAM KHALIL SOOMRO & ORS Sindh High Court, Karachi

Hon'ble Mr. Justice Nazar Akbar
Order Date: 06-FEB-14
Topic: Civil Procedure Code CPC ()
Execution 5/2005 Mrs. Meher Rohinton Minwalla V/S S Darayus Cyrus Minwalla & Ors. Sindh High Court, Karachi
2014 CLC 1312, 2014 SBLR 1021
Hon'ble Mr. Justice Nazar Akbar
Order Date: 29-JAN-14
Topic: Order Vii, Rule 11 C.P.C ()
Suit 519/2008 Weave & Knit Pvt Ltd V/S Freight Systems Co. Ltd., L.L.C & Others Sindh High Court, Karachi
2014 PTD 824
Hon'ble Mr. Justice Nazar Akbar
Order Date: 28-JAN-14
Topic: Civil Procedure Code CPC ()
Suit 115/2005 KDA EMPLOYEES CO OPERATIVE V/S LAHOOTI & ORS. Sindh High Court, Karachi

Hon'ble Mr. Justice Nazar Akbar
Order Date: 23-JAN-14
Topic: Civil Procedure Code CPC (Mense profit and Damages)
Suit 1510/2007 ABID HUSSAIN V/S MANSOOR ALI SHEIKHA & ORS. Sindh High Court, Karachi
2014 CLC 875
Hon'ble Mr. Justice Nazar Akbar
Order Date: 22-JAN-14
Topic: Civil Procedure Code CPC (Declaration and Permanent Injunction)
Suit 836/2012 KHURRAM NASEEMUDDIN V/S FEDERATION OF PAKISTAN & OTHERS Sindh High Court, Karachi
2014 PLD 264
Hon'ble Mr. Justice Nazar Akbar
Order Date: 21-NOV-13
Topic: Order Vii, Rule 11 C.P.C (Dismissed.)
Suit 443/2007 HUMAIR ASSOCIATES BUILDERS PVT. LTD V/S M/S. CHAPPAL BUILDERS & ORS. Sindh High Court, Karachi
2014 PLD 327
Hon'ble Mr. Justice Nazar Akbar
Order Date: 06-NOV-13
Topic: Civil Procedure Code CPC ()
Suit 351/2002 M/S. SEA BREEZE PVT. LTD V/S CITY DISTT. GOVT. ( K.D.A. WING Sindh High Court, Karachi

Hon'ble Mr. Justice Nazar Akbar
Order Date: 05-NOV-13
Topic: Qanun-e-Shahadat Order, 1984 (Section 74 of the Qanun-e-Shahadat Order, 1984)
Suit 1198/2006 Pir Sher Muhammad V/S Sui Southern Gas Co., Ltd., and another Sindh High Court, Karachi
2014 MLD 428
Hon'ble Mr. Justice Nazar Akbar
Order Date: 09-OCT-13
Topic: Civil Procedure Code CPC ()
Suit 1224/2001 MST. HAFEEZ BEGUM V/S MRS. ZAINAB MUHAMMAD ALI Sindh High Court, Karachi
2014 MLD 1000
Hon'ble Mr. Justice Nazar Akbar
Order Date: 02-OCT-13
Topic: Companies matters (companies ordinance )
Suit 281/2013 SULEMAN LALANI V/S AL-ABBASS SUGAR MILLS LTD. & OTHERS Sindh High Court, Karachi
2014 CLD 52
Hon'ble Mr. Justice Nazar Akbar
Order Date: 24-SEP-13
Topic: Civil Procedure Code CPC (Order XIII Rule 4 CPC)
Suit 433/2000 MRS. SHABINA AZIZ V/S STATE LIFE INSURANCE CORP. OF PAKISTAN Sindh High Court, Karachi
2014 CLC 420
Hon'ble Mr. Justice Nazar Akbar
Order Date: 04-SEP-13
Topic: TVO Employees Service Rules (Rule 14)
Const. P. 142/2009 Abdul Sattar V/S Federation of Pakistan and others Sindh High Court, Circuit at Hyderabad

Hon'ble Mr. Justice Amir Hani Muslim, Hon'ble Chief Justice Mr. Justice Ahmed Ali M. Shaikh
Order Date: 16-DEC-09