Honourable Chief Justice of Pakistan
Mr. Justice Yahya Afridi
Hon'ble Chief Justice-SHC/Chairman I.T. Committee
Sindh High Court
Mr. Justice Muhammad Shafi Siddiqui
1 . Const. P. 4561/2024 Tasneem Enterprises Pvt Ltd V/S National Tarrif Commission and Others Sindh High Court, KarachiTopic: Anti-Dumping Act, 2015 (Section 70(1)(i) - appeal - specified conditions only)
[SHC Citation: 2025- SHC-KHI - 225525 ]Can a Constitutional High Court come to the petitioner's rescue to restrain an inquiry (like suspending an initial investigation) when the frame of the statute does not enable it? If the answer is in the affirmative, then under what situation(s)/scenario(s)?Read more
Matter:-ANTI-DUMPING
2 . Const. P. 257/2025 Zulfiqar Ali Kariro V/S Province of Sindh & Others Sindh High Court, Karachi [SHC Citation: 2025- SHC-KHI - 225463 ]On the legal aspect, the petitioners either (a) availed the demarcation remedy but prematurely approached this Court without awaiting its outcome, or (b) failed to avail of the remedy provided in the Land Revenue Act and Rules. If the Mukhtiarkar refuses the application, the petitioners must first pursue remedies such as appeal, revision, or review. Article 199 of the Constitution allows High Court intervention only when "no other adequate remedy is provided by law." It is well-settled that an aggrieved person must exhaust available remedies before invoking High Court jurisdiction, regardless of whether those remedies suit them. The doctrine of exhaustion of remedies prevents unnecessary High Court litigation.Read more
Matter:-SERVICE
3 . Const. P. 339/2025 Munawar Ali V/S Province of Sindh & Others Sindh High Court, Karachi [SHC Citation: 2025- SHC-KHI - 225467 ]It is well settled that disciplinary proceedings fall within the ambit of expression terms and conditions of service of a civil servant, therefore, the jurisdiction of all other courts is barred by the provision of Sindh Service Tribunals Act, 1973 read with Article 212(2) of the Constitution. On the aforesaid proposition, we are fortified with the decision rendered by the Supreme Court in the case of Ali Azhar Khan Baloch vs. the Province of Sindh [2015 SCMR 456]. The Supreme Court in paragraphs 146 to 150 has decided the issue in hand no need for further deliberation on our part.Read more
Matter:-SERVICE
4 . Suit 1481/2022 All Pakistan Restaurant Association (APRA) & ors V/S Province of Sindh & others Sindh High Court, Karachi [SHC Citation: 2025- SHC-KHI - 225397 ]
Matter:-DECLARATION
5 . Suit -83/2025 M/S UMAR TEXTILES V/S THE FEDERAL BOARD OF REVENUE & OTHERS Sindh High Court, KarachiSales Tax Act, 1990 - Pre-suspension notice is essentially show-cause notice. Injunction declined.Read more
Matter:-Fiscal
6 . Const. P. 4965/2023 Saleem Khan V/S Province of Sindh & Others Sindh High Court, Karachi [SHC Citation: 2025- SHC-KHI - 225473 ]It is well-settled that while considering the case of regular promotion of civil servants, the competent authority has to consider the merit of all the eligible candidates and after due deliberations, to grant promotion to such eligible candidates who are found to be most meritorious amongst them. Since the petitioner was held to be senior to his colleagues who were promoted in BS-19, the petitioner was ignored by the respondent department just to extend favor to the blue-eyed candidate based on OPS, which is apathy on the part of the respondent department. 14. In the light of the position explained above, it is concluded that a civil servant has a fundamental right to be promoted even after his retirement by awarding proforma promotion; provided, his right of promotion accrued during his service but could not be considered for no fault of his own and meanwhile he retired on attaining the age of superannuation without any shortcoming on his part about deficiency in the length of service or in the form of inquiry and departmental action was so taken against his right of promotion.Read more
Matter:-SERVICE
7 . Const. P. 642/2023 Fatima Noor V/S Dow University of Health Science and Others Sindh High Court, Karachi [SHC Citation: 2025- SHC-KHI - 225471 ]Coming to the main case, it is also a well-established proposition of law that when an inquiry is conducted on charges of misconduct by a public servant, the Court is concerned with determining whether the inquiry was held by a competent officer or whether rules of natural justice are complied with. Whether the findings or conclusions are based on some evidence, the authority entrusted with the power to hold inquiry has jurisdiction, power, and authority to reach a finding of fact or conclusion. But that finding must be based on some evidence. Neither the technical rules nor proof of a fact or evidence in the Stricto-Sensu, apply to disciplinary proceedings. When the authority accepts that evidence and conclusion receive support therefrom, the disciplinary authority is entitled to hold that the delinquent officer is guilty of the charge, however, that is subject to the procedure provided under the relevant rules and not otherwise, for the reason that the Court in its power of judicial review does not act as appellate authority to re-appreciate the evidence and to arrive at its independent findings on the evidence. This Court may interfere where the authority held the proceedings against the delinquent officer in a manner inconsistent with the rules of natural justice or in violation of statutory rules prescribing the mode of inquiry or where the conclusion or finding reached by the disciplinary authority is based on no evidence. If the conclusion or finding is such as no reasonable person would have ever reached, the Court may interfere with the conclusion or the finding and mold the relief to make it appropriate to the facts of each case. In service jurisprudence, the disciplinary authority is the sole judge of facts. Where the appeal is presented, the appellate authority has coextensive power to re-appreciate the evidence or the nature of punishment. On the aforesaid proposition, we are fortified by the decision of the Supreme Court in the case of Ghulam Murtaza Shaikh v. Chief Minister Sindh (2024 SCMR 1757).Read more
Matter:-SERVICE
8 . Const. P. 256/2025 Hafeezullah V/S Govt of Sindh & Others Sindh High Court, Karachi [SHC Citation: 2025- SHC-KHI - 225469 ]It is well-settled that the civil servants must first pursue internal appeals within 90 days. If the appeal is not decided within that timeframe, he/she can then approach the service tribunal to challenge the original order. Once they do so, the Tribunal must decide the appeal on merits and cannot merely direct the department to decide it, as the 90 days for the department to act has already expired. On the aforesaid proposition, we are guided by the decision of the Supreme Court in the case of Dr. Sayyid A.S. Pirzada v. The Chief Secretary, Services and Administration Department, etc (2023 SCMR 1087). 7. In view of the above facts and circumstances of the case, petitioner can approach the Sindh Service Tribunal against the impugned order dated 05.1.2024 and it is for the learned Sindh Service Tribunal to take decision in terms of law laid down by the Supreme Court in the case of Dr. Sayyid A.S. Pirzada (supra). 8. This petition stands disposed of in the above terms alongwith listed applications.Read more
Matter:-SERVICE
9 . H.C.A 97/2020 Mian Ahmed Akbar & others V/S M/s. Al-Dahra Agriculture Co. Pak (Pvt) Ltd. & ors Sindh High Court, Karachi 2025 SHC KHI 2 [SHC Citation: 2025- SHC-KHI - 225323 ]Test of section 34 Arbitration Act, 1940. Appeal against stay dismissed.Read more
Matter:-RECOVERY OF AMOUNT / DAMAGES
10 . Const. P. 358/2022 M/s Younus Textile Mills Ltd V/S Province of Sindh & Others Sindh High Court, Karachi
Matter:-SALES TAX.
11 . Const. P. 5748/2024 Faisal Saleem and Others V/S Province of Sindh & Others Sindh High Court, Karachi [SHC Citation: 2025- SHC-KHI - 225477 ]The police force is crucial for law enforcement. Effective training and capacity building are essential for its success. The institution should prioritize enhancing capabilities, productivity, and public awareness. Constant litigation hinders progress. A culture of strict adherence to internal rules is necessary for smooth governance and administration. 12. Rule 19.25 mandates that Inspectors, SIs, and ASIs complete courses (A, B, C, and D) for promotion. This training is crucial for capacity building and ensuring officers possess the necessary skills and knowledge for their higher roles. Senior police officers must possess the skills and competencies befitting their rank. Continuous professional development is crucial for all officers. Promotions should prioritize training and capacity building, rather than focusing on seniority.Read more
Matter:-SERVICE
12 . Const. P. 5747/2024 Bashir Ahmed Khan and Another V/S Province of Sindh & Others Sindh High Court, Karachi [SHC Citation: 2025- SHC-KHI - 225475 ]The police force is crucial for law enforcement. Effective training and capacity building are essential for its success. The institution should prioritize enhancing capabilities, productivity, and public awareness. Constant litigation hinders progress. A culture of strict adherence to internal rules is necessary for smooth governance and administration. 12. Rule 19.25 mandates that Inspectors, SIs, and ASIs complete courses (A, B, C, and D) for promotion. This training is crucial for capacity building and ensuring officers possess the necessary skills and knowledge for their higher roles. Senior police officers must possess the skills and competencies befitting their rank. Continuous professional development is crucial for all officers. Promotions should prioritize training and capacity building, rather than focusing on seniority.Read more
Matter:-SERVICE
13 . H.C.A 203/2016 Saleh Muhammad V/S Faqir Muhammad & others Sindh High Court, KarachiTopic: Appeal
[SHC Citation: 2025- SHC-KHI - 225277 ]At times it is convenient for a Judge to dismiss the suit for non-prosecution, however, a Judge is under the obligation to make an attempt to dispose of a case on merit and more importantly when after recording of evidence it has reached to a stage of final arguments, endeavors should be made for merit disposal when it has reached such stage.Read more
Matter:-AGAINST ORDER
14 . Const. P. 248/2025 Naseer Ahmed and Others V/S Province of Sindh & Others Sindh High Court, Karachi
Matter:-AGAINST AUCTION
15 . Const. P. 3257/2010 Hafiz Muhammad Tariq V/S Fed.of Pakistan and others Sindh High Court, Karachi [SHC Citation: 2025- SHC-KHI - 225219 ]Progressing further on the subject issue, we have noticed that the (Amendment) Act, 2016, and the decision of the Supreme Court in the case of Shafique Ahmed Khan and others supra came on 21st January 2016, which clarified the status of NCAES Rules, 2011 of National Command Authority. Therefore, there is no further discussion on the aforesaid proposition required on our part. It is well settled that the Government and control organization fall within the ambit of "person" within the meaning of Article 199(1)(a)(ii) read with Article 199 (5) of the Constitution and if their actions or orders are violative of the statute creating those bodies or of rules/regulations framed under a statute, the same could be interfered with by the High Court under Article 199 of the Constitution. It is also well settled that when the service issues of the employees of such organizations/authorities are non-statutory then its enforcement has been restricted by the Supreme Court in the case of Pakistan Electric Power Company v Syed Salahuddin (2022 SCMR 991).Read more
16 . H.C.A 370/2022 Shaikh Khalid Safdar and Another V/S Ali Hassan & Others Sindh High Court, KarachiTopic: LIMITATION (Limitation Act 1908)
[SHC Citation: 2025- SHC-KHI - 225109 ]The requirements of Article 91 of the Limitation ActRead more
Matter:-AGAINST ORDER
17 . Const. P. 1832/2019 Muhammad Fakhar ul Hasnain V/S Province of Sindh & Others Sindh High Court, Karachi [SHC Citation: 2025- SHC-KHI - 225135 ]It is well established now that the provision for proforma promotion is not alien or unfamiliar to the civil servant service structure but it is already embedded in Fundamental Rule 17, wherein it is lucidly enumerated that the appointing authority may if satisfied that a civil servant who was entitled to be promoted from a particular date was, for no fault of his own, wrongfully prevented from rendering service to the Federation/ province in the higher post, direct that such civil servant shall be paid the arrears of pay and allowances of such higher post through proforma promotion or upgradation arising from the antedated fixation of his/her seniority.Read more
Matter:-SERVICE
18 . Const. P. 5888/2015 Abdul Basit Khan V/S Fed. of Pakistan and Ors Sindh High Court, Karachi [SHC Citation: 2025- SHC-KHI - 225133 ]Hence, in our view, the decision taken by the Cantonment Executive Officer Clifton Cantonment to impose the major penalty of compulsory retirement upon the petitioner is violative of the principles of natural justice and law on the subject issue, so as the length of service of the petitioner is concerned, which is not sustainable under the law. On the aforesaid proposition, the decision rendered by the Supreme Court of Pakistan in the case of Jan Muhammad v. General Manager, Karachi Telecommunication Region and another, 1993 SCMR 1440, is clear in its terms. 15. Foregoing the reasons, this petition is disposed of with a direction to the Cantonment Executive Officer Clifton Cantonment to take a fresh decision by hearing the petitioner within two months.Read more
Matter:-PENSIONARY BENEFITS
19 . Const. P. 6280/2024 M/s Fazlee Sons (Pvt) Ltd V/S Fed. of Pakistan & Ors Sindh High Court, KarachiTopic: Income Tax Ordinance, 2001
2025 SHC KHI 1 [SHC Citation: 2025- SHC-KHI - 225101 ]Exemption from audit under Clause 105A of part-4 of 2nd Schedule. Preceding 4 tax years interpreted. It is not from the date of finalisation of audit but from the tax year involved.Read more
Matter:-INCOME TAX
20 . Const. P. 5484/2024 Muhammad Ashraf Samoon & Another V/S Fed. of Pakistan thru Sect: Sindh High Court, Karachi
Matter:-AGAINST AMENDMENT
21 . Spl.Cr.Misc 710/2024 BABER WAHEED S/O MUHAMMAD RAFIQUE V/S THE STATE THR CHAIRMAN FBR & ORS Sindh High Court, KarachiRemedy available under Section 265-K Cr.P.C. Application for quashment dismissed.Read more
Matter:-QUASHEMENT OF F.I.R.
22 . Suit 878/2020 Mst. Bushra Hamid & others V/S Mst. Farzana Nizam & others Sindh High Court, Karachi [SHC Citation: 2025- SHC-KHI - 224991 ]Benami Transactions status as a resulting trust under Section 102 of the Sindh Trusts Act, 2020 and whether a claim can be maintained by legal heirs of a person who is contended to be the real owner of a property but who didn't claim the property to being held benami in his lifetime in terms of Article 120 of the Limitation Act,1908 and Section 42 of the Specific Relief Act, 1877Read more
Matter:-Land Dispute
23 . Suit 2121/2019 Mst. Sanobar Rizwan V/S Naseera Begum Sindh High Court, Karachi [SHC Citation: 2025- SHC-KHI - 224981 ]Status of an email as Primary Evidence of Secondary Evidence under Article 73 and Article 74 of the Qanun e Shahdat Order, 1984 read with the Electronic Transactions Odinance 2002Read more
Matter:-Land Dispute
24 . H.C.A 264/2021 Mahle Engine Components Japan Co. V/S Azam Autos & Others Sindh High Court, KarachiTopic: Intellectual Propoerty Organization of Pakistan Act 2012 (Rejection of Plaint or transfer to IP tribunal or Continuing hearing by High Court)
[SHC Citation: 2025- SHC-KHI - 224870 ]What are the criteria for Suits and/or J. Misc. Applications instituted under the Trade Marks Ordinance in the first instance Jurisdiction of the High Court to be either transferred and/or the plaint returned or rejected following the coming into force of the IPOP 2012 - key date 29.12.2015Read more
Matter:-AGAINST ORDER
25 . Const. P. 2228/2023 Mst. Shaiza Said Khan V/S Military Estate Officer and Another Sindh High Court, Karachi [SHC Citation: 2025- SHC-KHI - 225141 ]This court concluded that the complex factual issues, including the subject issues as agitated by the petitioner to declare the subject notices as illegal, should be resolved in a civil/revisional court, where the lis is stated to be pending. Therefore, this petition is found to be not maintainable and is dismissed along with the pending application(s), and the petitioners may seek remedies through the civil court process as discussed supra.Read more
Matter:-PROPERTY MATTER
26 . Const. P. 3568/2024 Yawar Abbas V/S Fed. of Pakistan and Others Sindh High Court, Karachi [SHC Citation: 2025- SHC-KHI - 225139 ]On the subject proposition, primarily, the disciplinary proceedings and criminal proceedings are altogether different and independent of each other and cannot be termed synonymous and interchangeable. The departmental inquiries for misconduct use a lower standard of proof ('balance of probabilities') compared to criminal trials ('proof beyond reasonable doubt'). The forums for adjudication, principles of evidence, and procedure are also separate and distinct. The decision of one forum cannot have a bearing on the decision of the other forum. On the aforesaid proposition, we are guided by the decision of the Supreme Court in the cases of Dr. Sohail Hassan Khan v. Director General (Research), Livestock and Dairy Development Department, Punjab, Lahore and others (2020 SCMR 1708), (2021 SCMR 420), The District Police Officer, Mianwali and others v. Amir Abdul Majid, Province of Punjab v. Khadim Hussain Abbasi (2021 SCMR 1419) and Usman Ghani v. The Chief Post Master, GPO Karachi, and others (2022 SCMR 745). The respondent department's reliance on clause 27.1 (2) (i) of Estacode 2021 to defer proceedings against the petitioner is incorrect based on Supreme Court rulings.Read more
Matter:-SERVICE
27 . Const. P. 1503/2024 Naveed Iqbal & Others V/S Province of Sindh & Others Sindh High Court, Karachi [SHC Citation: 2025- SHC-KHI - 225145 ]Sindh Civil Servants, are governed by the Sindh Service Tribunal Act, 1973, generally cannot file Constitutional Petitions (Article 199) for service matters, including termination. This is because the Sindh Service Tribunal has exclusive jurisdiction over service matters, as per Section 3(2) of the Act and Article 212 of the Constitution. The Supreme Court in Azhar Ali Khan Baluch v. Province of Sindh (2015 SCMR 456) held that "Terms and Conditions of Service" fall under the Service Tribunal's jurisdiction. Civil Servants have a remedy before the Sindh Service Tribunal against Dismissal and Appellate Orders.Read more
Matter:-SERVICE
28 . Const. P. 3980/2023 Muhammad Adam Soomro V/S Province of Sindh & Others Sindh High Court, Karachi [SHC Citation: 2025- SHC-KHI - 225137 ]It appears from the record that this Court has previously issued orders on multiple dates in 2023 and 2024, directing action against forestland encroachers. These orders align with a Supreme Court judgment. Law enforcement agencies must assist the Forest Department in enforcing this court's orders. However, this Court does not endorse the Forest Department's authority to rent out shops to private individuals, as they have failed to clarify the stance backed by law. 12. Foregoing the reasons, this petition is disposed of in terms of orders dated 12.03.2024, 27.05.2024, 21.08.2024, 04.09.2024, 25.09.2024, and 09.10.2024, passed by this court, which must be complied with by the officials respondents without fail. Let a copy of this order be communicated to Chief Secretary Sindh, the Secretary Forest Department, and all concerned to ensure compliance.Read more
Matter:-PROPERTY MATTER
29 . Cr.Bail 2690/2024 NOOR AGHA S/O GUL MUHAMMAD V/S THE STATE Sindh High Court, Karachi [SHC Citation: 2025- SHC-KHI - 225315 ]Statutory ground of delay. Assessment of hardened, desperate or dangerous criminal. Bail denied.Read more
Matter:-BAIL AFTER ARREST
30 . Spl.Cr.Bail 180/2024 Hasnain Raza S/o Raza Hussain V/S The State Sindh High Court, KarachiWhether opportunity given to make declaration under section 139, Customs Act, 1969. Bail granted.Read more
Matter:-BAIL AFTER ARREST
31 . Const. P. 6390/2024 Syeda Farhat V/S Province of Sindh and Others Sindh High Court, Karachi [SHC Citation: 2025- SHC-KHI - 225143 ]This court concluded that the complex factual issues, including the subject issues as agitated by the petitioner to declare the subject notices as illegal, should be resolved in a civil/revisional court, where the lis is stated to be pending. Therefore, this petition is found to be not maintainable and is dismissed along with the pending application(s), and the petitioners may seek remedies through the civil court process as discussed supra.Read more
Matter:-AGAINST NOTICE
32 . Const. P. 6025/2024 Dr. Pritam Das V/S Province of Sindh & Others Sindh High Court, Karachi [SHC Citation: 2025- SHC-KHI - 225147 ]So far as the stance of the respondents that pensionary benefits could be withheld on account of the allegations leveled against the petitioner, in our view, section 20 of the Sindh Civil Servants Act of 1973 deals with the pension and gratuity that civil servants are entitled to. However, the act does provide for certain circumstances under which a civil servant's pension may be withheld or reduced. These include if a civil servant is found guilty of misconduct or negligence during their service, their pension may be withheld or reduced. If a civil servant is convicted of a serious crime, their pension may be withheld or reduced. In some cases, a civil servant's pension may be withheld or reduced if he/she fails to comply with certain conditions set by the government. In other circumstances as discussed supra pensionary benefits cannot be stopped on account of criminal charges after the retirement of two years; and, is violative of the law laid down by the Supreme Court in the case of Haji Muhammad Ismail Memon, PLD 2007 SC 35. Thus, the competent authority of the parent department of the petitioner and the Chief Secretary, Sindh, are liable to release the pensionary amount of the petitioner and pay the pension amount and other ancillary benefits to the petitioner to which he is entitled under the law within two months from the date of receipt of this order. The competent authority of the respondent is also directed to recalculate the pensionary benefits of the petitioner and increases accrued thereon the withheld pensionary benefits with effect from stopping to date.Read more
Matter:-QUASHEMENT OF F.I.R.
33 . Const. P. 469/2022 Zain Ahmed V/S The I.G of Police and Others Sindh High Court, Karachi [SHC Citation: 2025- SHC-KHI - 225149 ]In the instant case, the guidelines as set forth would not apply, as the criminal Court has not convicted the petitioner, rather he has been acquitted of the criminal charges based on evidence and it is well-settled law that once the civil servant is acquitted in the criminal case, then on this very charge he cannot be awarded in any punishment by the department and held him disqualified for the post because acquittal for all future purposes. The aforesaid proposition has been set at naught by the Supreme Court of Pakistan in the case of the District Police Officer Mainwali and 2 others v. Amir Abdul Majid, 2021 SCMR 420. 12. There is no denial from the fact that in Government service it is expected that the persons having their character above board, free from any moral stigma, are to be inducted. Verification of character and antecedents is a condition precedent for appointment to a Government service. The candidates must have good character and provide two recent character certificates from unrelated individuals. What is discernible from the above is that the only impediment to being appointed to a Government service is the conviction on an offense involving moral turpitude but involvement, which does not culminate into a proof by conviction, cannot be a way out or guise to do away with the candidature of the petitioner.Read more
Matter:-APPOINTMENT
34 . Spl.Cr.Bail 176/2024 MUHAMMAD RAZA UL HAQ MALLICK V/S THE STATE Sindh High Court, KarachiQuestion of issuing fake PRCs for clearing imported vehicles. Bail granted.Read more
Matter:-BAIL AFTER ARREST
35 . Const. P. 469/2022 Zain Ahmed V/S The I.G of Police and Others Sindh High Court, Karachi [SHC Citation: 2025- SHC-KHI - 225151 ]To elaborate further on the subject point of law, Article 25 of the Constitution of the Islamic Republic of Pakistan, 1973, guarantees equal treatment to all persons similarly placed. In terms of Article 27 of the Constitution, no citizen in the service of Pakistan or other persons shall be discriminated against in any manner. Article 27 of the Constitution does not only safeguard against discrimination at the time of appointment of service but after the appointment as well. The disparity in the pay scale allowances of Stenographers in the District Judiciary is in the clear negation of the law laid down by the Supreme Court in its various pronouncements. 11. In the light of the above facts and circumstances of the case, and in addition to the jurisdiction conferred upon this Court under Article 199 (1)(c) of the Constitution 1973, we deem it appropriate to direct the competent authority of respondents, to take a fresh decision after providing meaningful hearing to the petitioner, within three months, without discrimination.Read more
Matter:-APPOINTMENT
36 . J.M -1494/2024 M/s. Dr. Mubin Akhtar Hospital & another V/S Syed Muhammad Salahuddin & another Sindh High Court, Karachi [SHC Citation: 2025- SHC-KHI - 224925 ]Applications under sections 73 and 80 of Trade Marks Ordinance, 2001 returned when no proceedings concerning trademark were pending in High Court.Read more
Matter:-INTELLECTUAL PROPERTY
37 . Const. P. 1639/2019 Tariq Kaleem V/S Institute of Charted Accountant & Others Sindh High Court, Karachi [SHC Citation: 2025- SHC-KHI - 225153 ]13. While the Institute of Chartered Accountants of Pakistan (ICAP) does not have explicitly named "statutory rules of service," it operates under a framework of regulations: Chartered Accountants Ordinance, 1961. This is the primary legislation governing ICAP's existence and functions. ICAP Bye-Laws. These bylaws provide the internal rules and procedures for ICAP's operations, including membership, examinations, and disciplinary matters. ICAP has internal policies and procedures that govern employment matters, including recruitment, performance management, and employee conduct. The ICAP Staff Service Rules, 2011 were framed by the respondent/Institute, these rules may not have the operates within a clear legal and regulatory framework of the respondent/Institute. 14. In view of what has been discussed above, without touching the merits of the case, the preliminary objection regarding the maintainability of the petition is sustained and the petition is held to be not maintainable in terms of Article 199 of the Constitution for the reason that non???statutory rules of service cannot be enforced through writ of mandamus in terms of ratio of the judgment passed by the Supreme Court in the case of Pakistan Electric Power Company supra.Read more
Matter:-SERVICE
38 . H.C.A 324/2024 M/s. ARY Communication Limited V/S Federal Board of Revenue and Others Sindh High Court, KarachiTopic: Income Tax Ordinance, 2001
[SHC Citation: 2025- SHC-KHI - 224677 ]Section 227 of the ITO 2001; plaint rejected; Suit barred in law; Appeal dismissed.Read more
Matter:-AGAINST ORDER
39 . Spl. Cus. Ref. A. 638/2024 The Collector of Customs, Karachi V/S M/s. Bilal Metals (Pvt) Ltd, Karachi Sindh High Court, KarachiTopic: Custom Act, 1969
[SHC Citation: 2025- SHC-KHI - 224657 ]Frustrated cargo; section 138 of the Customs Act; Customs Tribunal has no jurisdiction in such cases.Read more
Matter:-CUSTOM MATTER
40 . Spl. Cus. Ref. A. 792/2023 Lucky Core Industries Limited, Karachi V/S The Director, D.G I & I (Customs) Karachi & others Sindh High Court, KarachiTopic: Custom Act, 1969
[SHC Citation: 2025- SHC-KHI - 224715 ]Classification of partial shipment of project consignment; domain of Classification Committee; matter remandedRead more
Matter:-CUSTOM MATTER
41 . Cr.Misc. 252/2024 Syed Allah Dino Shah V/S Fayaz Hussain Shah Sindh High Court, Circuit at HyderabadJurisdiction of the trial was ceased by virtue of the principle of functus officio as such impugned order was set aside.Read more
Matter:-561-A Cr.P.C
42 . Criminal Appeal 83/2017 SHAFQUAT GOPANG V/S 1st A S J DADU & AN OTHER Sindh High Court, Circuit at Hyderabad
Matter:-Imprisonment(Upto 5 years)
43 . Const. P. 2918/2023 Naeem ur Rehman Khan V/S Province of Sindh & Others Sindh High Court, KarachiTopic: Sindh Local Government Act, 2013 (Section 18, 21, 79 to 81, ), CONSTITUTION OF PAKISTAN, 1973 ( Article 90, 91, 130, 130(9) and 140A)
[SHC Citation: 2025- SHC-KHI - 224649 ]*The Federal and Provincial Governments are constitutional constructs whereby they are governed by the provisions set out under the Constitution whereas the Local Government is a statutory construct which operates under the Provincial Government hence since the Local Government system is a statutory construct and operates on the basis of enactments by the Provincial Government, the same can be statutorily amended, which is well within the legislative competence of the Provincial Government.Read more
Matter:-ELECTION MATTER
44 . Const. P. 5340/2024 IQ Properties Pvt Ltd V/S Zulfiqar Ali Bhutto and Others Sindh High Court, KarachiTopic: Specific Relief Act, , Specific Relief Act, (Forms 47 & 48 Appendix A of CPC 1908)
[SHC Citation: 2025- SHC-KHI - 224651 ]In a suit for specific performance, is the omission of Forms 47 and 48 of Appendix A of CPC, 1908, fatal to the case?Read more
Matter:-AGAINST ORDER OF CIVIL REVISION (CR)
45 . I. A 54/2023 Taha Bin Abu Talha V/S Ahsaan Yousuf & Another Sindh High Court, KarachiTopic: Civil Procedure Code CPC (Limitation )
[SHC Citation: 2025- SHC-KHI - 224527 ]When can a diary sheet extend or condone the limitation period prescribed for filing leave to defend application in a summary suitRead more
Matter:-AGAINST THE JUDGEMENT
46 . H.C.A 505/2024 Dr. Shahid Rasool V/S Federation of Pakistan and Others Sindh High Court, KarachiExceptions to non-interference with interim orders.Read more
Matter:-AGAINST ORDER
47 . I. A 147/2024 Muhammad Irfan Akram V/S Adil Razzaque Sindh High Court, KarachiTime-barred appeal. Dismissed.Read more
Matter:-AGAINST ORDER
48 . H.C.A 296/2024 Late Saeeduddin Qureshi through L/Rs V/S Dr. Waqar Saeed and Others Sindh High Court, KarachiTime-barred appeal. Dismissed.Read more
Matter:-AGAINST ORDER
49 . R.A (Civil Revision) 147/2022 Muhammad Shafi Nagori (died thr LRs) Thr Waqar V/S Muhammad Ayoub and others Sindh High Court, KarachiTopic: Civil Procedure Code CPC
[SHC Citation: 2025- SHC-KHI - 224417 ]Proprietary rights.Read more
Matter:-AGAINST THE ORDER
50 . Spl.Cr.Bail 168/2024 MUHAMMAD AHMED ILYAS V/S THE STATE Sindh High Court, KarachiCarrying currency in excess of baggage rules. Allegation of smuggling. Bail granted.Read more
Matter:-BAIL AFTER ARREST
51 . Const. P. 6115/2024 Ms. Shafaq Ishtiaq V/S The Principal Govt. Elemetary College & Others Sindh High Court, Karachi [SHC Citation: 2025- SHC-KHI - 224377 ]This Court has limited power to interfere in college disciplinary matters. Intervention is warranted only if bias, inadequate defense, unfair procedures, statutes, or regulations are breached, fundamental rights are infringed (Right to education, expression), and the decision is manifestly unjust. Courts prioritize fairness and uphold fundamental rights while respecting the autonomy of educational institutions. On the aforesaid proposition, we are guided by the decision of the Supreme Court in the case of Khyber Medical University and others v. Aimal Khan and others, PLD 2022 Supreme Court 92. 9. The aforesaid exceptions are missing in the present case. In such circumstances, this petition is found to be not maintainable and is dismissed accordingly with pending application (s).Read more
Matter:-AGAINST LETTER
52 . Const. P. 5300/2020 Rasheed Alam V/S Dr. Qadeer Muhammad Ali & Ors Sindh High Court, Karachi [SHC Citation: 2025- SHC-KHI - 224379 ]We are also cognizant of the fact that the invocation of the writ of Mandamus under Article 199 of the Constitution of the Islamic Republic of Pakistan, 1973, has been restricted to enforce the terms and conditions of non-statutory rules of service of government-owned and controlled organizations. However, the petitioner's case involves the enforcement of the university's service rules. The court cannot hear the transfer order challenge as it falls within the terms and conditions of service. Regarding the quo warranto writ, the petitioner must file a separate petition to challenge the private respondents' appointment orders keeping in view that one of the respondents has retired from service as pointed out by the counsel for the respondent university. 12. The petition and applications pending therein stand dismissed with no order as to costs.Read more
Matter:-SERVICE
53 . R.A (Civil Revision) 112/2013 NASREER KHAN V/S NISAR KHAN & OTHERS Sindh High Court, Karachi [SHC Citation: 2024- SHC-KHI - 224359 ]Articles 117, 118 and 129 of the Qanun-e-Shahadat Order, 1984, discussed.Read more
Matter:-AGAINST THE JUDGEMENT
54 . I. A 156/2024 Atif V/S Muhammad Danish Sindh High Court, KarachiTopic: Civil Procedure Code CPC (Order XXXVII Rule 3 Leave to Defend)
[SHC Citation: 2024- SHC-KHI - 224183 ]Appellant/Defendant did not answer how only one leaf, which was ultimately dishonoured, was stolen from the chequebook or why the crime was reported to the Police belatedly after filing a summary suit against him. The first appeal was dismissed.Read more
Matter:-AGAINST ORDER
55 . Const. P. 6148/2024 Ghuran ul Haq V/S Anjuman Jamia Masjid Khulfa e Rashieen & Others Sindh High Court, KarachiTopic: Constitution of Pakistan (199)
[SHC Citation: 2024- SHC-KHI - 224179 ]The Imam and his family's accommodation in the residential quarters of the Masjid was tied to his employment. Once his services were severed, his continuing overstay was contrary to the law.Read more
Matter:-AGAINST ORDER OF CIVIL REVISION (CR)
56 . Const. P. 2717/2018 Rizwana Akhtar and Ors V/S Fed. of Pakistan and Others Sindh High Court, Karachi [SHC Citation: 2024- SHC-KHI - 224357 ]The 2011 letter granted certain benefits. It is the Competent Authority's responsibility to determine if these benefits apply to the petitioners, based on the FST decision. This Court cannot intervene, as per the Supreme Court's ruling in Hameed Akhtar Niazi (1996 SCMR 1185). This ruling has conditions, and since the petitioners failed a qualifying exam, they cannot claim equity or this Court's jurisdiction based on the Niazi case analogy. 9. In view of the above facts and circumstances of the case, petitioners have not demonstrated a case for this court's intervention under Article 199 of the Constitution.Read more
Matter:-SERVICE
57 . H.C.A 507/2024 Dawood Ahmed Salar V/S Saud Ahmed Salar and Another Sindh High Court, KarachiTopic: Civil Procedure Code CPC (Limitation )
[SHC Citation: 2024- SHC-KHI - 224181 ]Correction in a Judgment cannot be made a basis to challenge the said Judgment on merits in appeal. The appellant should have remained vigilant and raised his challenge to the Judgment within time.Read more
Matter:-AGAINST ORDER
58 . F.R.A 48/2023 Rehman Dino S/o Khawend Dino V/S Mst. Fehmida Sindh High Court, Karachi
Matter:-CANTONMENT
59 . Const. P. 4419/2023 Mehwish Hameed and Another V/S School Education & Literacy Dept: and Another Sindh High Court, Karachi [SHC Citation: 2024- SHC-KHI - 224009 ]The High Court can review SPSC decisions if they are unconstitutional, illegal, or unfair. However, the Court cannot substitute its judgment for the SPSC's, but can only ensure the decision's legality and fairness. However, in the present case, it appears that the Sindh Public Service Commission announced the posts of subject specialist Zoology and Botany (BS-17) under the School Education and Literacy Department Government of Sindh vide advertisement No. 09/2022 dated 11.11.2022, both petitioners applied against the said posts and secured fewer marks in pre-interview written test on Urban quota as alleged. The recommendation process has not been completed vide press release dated 10.10.2023, 17.10.2023, and 21.11.2023, and the candidates have been accommodated to their respective posts, at this stage to scrutinize the MCQs answer sheet of the petitioners by this Court is a herculean task, which cannot be undertaken under Article 199 of the Constitution, however, the petitioners are at liberty to approach the Chairmen Sindh Public Service Commercial redressal of their grievances in terms of regulations framed by the competent authority of the Government of Sindh, which shall be taken care of after providing meaning hearing of the petitioners.Read more
Matter:-DIRECTION
60 . Const. P. 5066/2024 Ayaz Hussain and 432 Others V/S Province of Sindh & Others Sindh High Court, Karachi [SHC Citation: 2024- SHC-KHI - 224033 ]Given the legal analysis on the subject issue, we are of the view that the claim of the petitioners for retroactive regularization from their initial contract appointment and seniority and promotion thereon, from that angle is not legally sound, besides promotion and seniority, not absolute rights, they are subject to rules and regulations if the recruitment rules of the subject post permit the case of the petitioners for promotion may be considered, however, we are clear in our point of view that contractual service cannot be considered for seniority and promotion as the seniority is reckoned from the date of regular appointment and promotion depends upon seniority cum fitness, subject to availability of vacancy subject to the approval of the competent authority. The regularization of the petitioners shall be considered from the date of their regularization. On the aforesaid proposition, we are guided by the decision of the Supreme Court in the case of Deputy Director Food Faisalabad Division, Faisalabad, etc. vs Muhammad Tauqir Shah and others vide order dated 10.03.2021passed in C.P.43-L/2021 to C.P.58-L/2021.Read more
Matter:-SERVICE
61 . Const. P. 4745/2024 Tufail Ahmed Soomro V/S Fed. of Pakistan and Another Sindh High Court, Karachi [SHC Citation: 2024- SHC-KHI - 224007 ]The Supreme Court's judgment, being in rem, applies to all and can be referenced even if the petitioner was not directly involved in the case. However, the Sindh government incorrectly repatriated the petitioner to a non-existent organization at the relevant time. They should have sent him to the Establishment Division as per the Supreme Court's order. But at the same time, we are cognizant of the fact that a non-civil servant does not fall under the category of individuals covered by Section 11-A of the Civil Servants Act, 1973. This section specifically applies to civil servants who are rendered surplus due to the reorganization or abolition of a division, department, or office. Non-civil servants, by definition, are not subject to the provisions of the Civil Servants Act. Their terms and conditions of service are typically governed by separate contracts or agreements with the employing organization. Therefore, the provisions of Section 11-A, including the possibility of being posted to another department, would not apply to non-civil servants.Read more
Matter:-SERVICE
62 . Const. P. 886/2023 Khair Nawaz Khan V/S Fed. of Pakistan and Others Sindh High Court, Karachi [SHC Citation: 2024- SHC-KHI - 224005 ]Regularization of contractual employees requires a clear legal basis, a well-defined policy, and a fair assessment of the employee's performance and qualifications. Without these, employees cannot claim regularization of service. Reference in this regard may be made to the cases of Vice Chancellor Agriculture University, Peshawar v Muhammad Shafiq 2024 SCMR 527, Federation of Pakistan through Secretary, Ministry of Law and Justice Islamabad and another v. Fazal-e-Subhan and others (PLD 2024 SC 515); Government of Khyber Pakhtunkhwa through Secretary Forest, Peshawar and others v. Sher Aman and others (2022 SCMR 406); and Messrs. State Oil Company Limited v. Bakht Siddique and others (2018 SCMR 1181).Read more
Matter:-SERVICE / REGULARIZATION
63 . Const. P. 5113/2023 Hamid uz Zafar V/S Province of Sindh & Others Sindh High Court, Karachi [SHC Citation: 2024- SHC-KHI - 224003 ]Section 119 of the Sindh Local Government Act, 2013, primarily deals with the establishment and composition of the Provincial Local Government Commission. It outlines that the Commission shall consist of the Minister for Local Government, who serves as the Chairman, and two members of the Provincial Assembly of Sindh, nominated by the Leader of the House and the Leader of the Opposition. However, it does not explicitly address the tenure of members or the implications of the dissolution of the Provincial Assembly on their positions. Besides, Rule of the Provincial Local Government Commission (Conduct of Business) Rules, 2017, do not directly address the issue of a member's tenure or the impact of the Provincial Assembly's dissolution. It primarily outlines serving of notice and hearing before removing members. The Commission's rules do not address the salary issue for former MPAs on the Commission. As MPAs are already public servants with salaries. The court cannot decide if the former MPA can claim additional salary for their role on the Commission as the rules do not provide clear guidance on this matter.Read more
Matter:-DIRECTION
64 . Const. P. 1465/2024 National Accountability Bureau V/S Federation of Pakistan & Others Sindh High Court, Circuit at Hyderabad [SHC Citation: 2024- SHC-HYD - 223524 ]Request of the National Accountability Bureau for 25 % share amount of misappropriation recovered by NAB is denied.Read more
Matter:-NAB
65 . H.C.A 33/2005 Najibul Haq & Ors V/S M/s. Works Coop. Housing Society and Ors Sindh High Court, Karachi [SHC Citation: 2024- SHC-KHI - 223607 ](i). Discussion on Articles 91, 120, 142 of Limitation Act. (ii). In a case where one denies to be a party to the transaction, he can simply ask for a declaration that the document shall not be deemed to be operative as against his rights and the Court need not give any relief of cancellation thereof.Read more
Matter:-AGAINST ORDER
66 . Spl. Cus. Ref. A. 358/2024 The Collector of Customs, Karachi V/S M/s. Allmed Laboratories, Karachi & another Sindh High Court, KarachiTopic: Custom Act, 1969
[SHC Citation: 2024- SHC-KHI - 223761 ]No Reassessment under Section 80(3) of the Customs Act, when goods are out of charge and releasedRead more
Matter:-CUSTOM MATTER
67 . H.C.A 158/2020 Mrs. Anjum Ara V/S Shabbir A. Halai Sindh High Court, Karachi [SHC Citation: 2024- SHC-KHI - 223595 ]No statutory mandate under the Specific Relief Act, 1877, compelling the Plaintiff (vendee) to tender the outstanding sale consideration in Court at the time of filing or presenting the plaint, nor at the admission of the suit before the issuance of summons to the Defendant.Read more
Matter:-AGAINST THE JUDGEMENT
68 . H.C.A 167/2020 Trading Corporation of Pakistan (Pvt) Ltd. V/S Sadan General Trading LLC & another Sindh High Court, Karachi [SHC Citation: 2024- SHC-KHI - 223611 ](i). Discussion on Section 74 of Contract Act. (ii). maxim "ubi jus ibi remedium" Meaning `where there is right, there is a remedy.Read more
Matter:-ARBITRATION
69 . Const. P. 8180/2019 Saif Shujaat and Ors V/S Govt. of Sindh & Others Sindh High Court, Karachi [SHC Citation: 2024- SHC-KHI - 223999 ]Given the legal analysis on the subject issue, we are of the view that the claim of the petitioners for retroactive regularization from their initial contract appointment and promotion thereon, from that angle is not legally sound, besides promotion and seniority, not absolute rights, they are subject to rules and regulations if the recruitment rules of the subject post permit the case of the petitioners for promotion may be considered, however, we are clear in our point of view that contractual service cannot be considered for seniority and promotion as the seniority is reckoned from the date of regular appointment and promotion depends upon seniority cum fitness, subject to availability of vacancy subject to the approval of the competent authority.Read more
Matter:-SERVICE
70 . Const. P. 479/2019 Waheed Akhtar V/S Fed. of Pakistan and Others Sindh High Court, Karachi [SHC Citation: 2024- SHC-KHI - 224001 ]The petition regarding the upgraded post and pay fixation are not entertainable for the reasons that such matters are typically handled by administrative or service tribunals, and the legal grounds for this petition are insufficient as such this petition is dismissed, which involves disputed claims and counterclaims on the subject post, therefore this court is not in a position to dilate upon such disputes in constitutional jurisdiction.Read more
Matter:-SERVICE
71 . Const. P. 5828/2020 Shiraz Mazhar V/S D.H.A and Others Sindh High Court, Karachi [SHC Citation: 2024- SHC-KHI - 223997 ]Article 199 of the Constitution allows this Court intervention only when: All other legal remedies have been exhausted, or, no alternative legal remedies exist. To invoke the jurisdiction of this Court, the petitioner must demonstrate a vested/legal right or interest that has been violated, which the petitioners failed to demonstrate by producing cogent material on record, merely saying that reclassifying Plot No. 12-B for commercial use is not sufficient until and unless it is proved in evidence that it is illegal as the Board of DHA has no power and authority to do so under the relevant regulations, which involve zoning approvals and environmental impact assessments, depending on the proposed commercial use. Besides it is yet to be determined that Plot No. 12-B, a corner plot on Commercial Avenue, was always shown as an open plot for residential purposes, however, respondents had shown the plot's purpose as a "Sewerage Pump" station on older maps and now relocated it somewhere else. These all facts require evidence and this court at this stage cannot give concrete findings on the subject issue.Read more
Matter:-PROPERTY MATTER
72 . H.C.A 465/2024 M/s. National Telecommunication Corporation V/S M/s. Zahra Communications Sindh High Court, KarachiTopic: Arbitration Law (Arbitration Act 1940 - Award)
[SHC Citation: 2024- SHC-KHI - 224177 ]No grounds were made out to set-aside the Judgment, making the arbitral award rule of the courtRead more
Matter:-AGAINST THE JUDGEMENT
73 . H.C.A 414/2023 Karachi International Container Terminal Limited V/S Brig [Retd] Arif Mahmud Malik Sindh High Court, KarachiTopic: Civil Procedure Code CPC (Section 152 - corrections to judgment challenged in appeal)
[SHC Citation: 2024- SHC-KHI - 224185 ]The Respondent/Decree-Holder cannot agitate his claim for the company car in the Appellant/KICTL appeal. Further, the Respondent has challenged this aspect neither in judgment nor during execution proceedings, nor is it the subject matter of the impugned Order arising out of an arithmetical correction to the learned Single Judge's impugned Order.Read more
Matter:-AGAINST ORDER
74 . Const. P. 5732/2024 Trade Smart Securities Pvt Ltd V/S SECP and Others Sindh High Court, KarachiTopic: Arbitration Law (Judicial review not maintainable)
[SHC Citation: 2024- SHC-KHI - 223283 ]No judicial review is made out against the Pakistan Stock Exchange under Article 199(1)(a)(ii) of the 1973 Constitution when an arbitration is ongoing and PSX has not done any act or proceeding in connection with the functions and affairs of the Federal GovernmentRead more
Matter:-AGAINST THE ORDER
75 . R.A (Civil Revision) 48/2012 Gahi @ Gada Hussain Samtio and others V/S Shaman Samtio and others Sindh High Court, Circuit at Larkana [SHC Citation: 2024- SHC-LRK - 223362 ]Section 11 C.P.C enunciates that once a court has conclusively adjudicated an issue, it cannot be re-litigated in a subsequent suitRead more
Matter:-Against Order
76 . R.A (Civil Revision) 53/2006 Mohammad Akram Rahoojo V/S Province of Sindh and others Sindh High Court, Circuit at Larkana [SHC Citation: 2024- SHC-LRK - 223364 ]It is a well-established doctrine that the concurrent findings of fact recorded by the Tribunals and the Courts below are generally impervious to being set aside within the ambit of revisional jurisdictionRead more
Matter:-Against Order
77 . Const. P. 6122/2024 Tehseen Haroon V/S Province of Sindh & Others Sindh High Court, Karachi [SHC Citation: 2024- SHC-KHI - 223251 ]Moreover, in a chain of judgments, the Supreme Court has pronounced that the revenue authorities can only resort to variation/correction of old standing entries in the revenue record if those which crept in due to some omission, inadvertence or clerical mistake. In this context, reference can conveniently be made to the cases of Waris Khan and 18 others v. Col. Humayun Shah and 41 others (PLD 1994 SC 336) and Muhammad Yousaf and 3 others v. Khan Bahadur through L.R.s. (1992 SCMR 2334). In the case of Muhammad Yousaf (Supra), the Supreme Court has drawn a line of distinction between the matters wherein the revenue authorities have the jurisdiction to effect any correction and those which are to be determined by the Civil Courts on the move of the aggrieved partyRead more
Matter:-AGAINST ORDER
78 . Const. P. 6123/2024 Waqas Javed V/S Province of Sindh & Others Sindh High Court, Karachi [SHC Citation: 2024- SHC-KHI - 223253 ]Moreover, in a chain of judgments, the Supreme Court has pronounced that the revenue authorities can only resort to variation/correction of old standing entries in the revenue record if those which crept in due to some omission, inadvertence or clerical mistake. In this context, reference can conveniently be made to the cases of Waris Khan and 18 others v. Col. Humayun Shah and 41 others (PLD 1994 SC 336) and Muhammad Yousaf and 3 others v. Khan Bahadur through L.R.s. (1992 SCMR 2334). In the case of Muhammad Yousaf (Supra), the Supreme Court has drawn a line of distinction between the matters wherein the revenue authorities have the jurisdiction to effect any correction and those which are to be determined by the Civil Courts on the move of the aggrieved partyRead more
Matter:-AGAINST ORDER
79 . Const. P. 6120/2024 Saresh Kumar Manglani V/S Province of Sindh & Others Sindh High Court, Karachi [SHC Citation: 2024- SHC-KHI - 223249 ]Moreover, in a chain of judgments, the Supreme Court has pronounced that the revenue authorities can only resort to variation/correction of old standing entries in the revenue record if those which crept in due to some omission, inadvertence or clerical mistake. In this context, reference can conveniently be made to the cases of Waris Khan and 18 others v. Col. Humayun Shah and 41 others (PLD 1994 SC 336) and Muhammad Yousaf and 3 others v. Khan Bahadur through L.R.s. (1992 SCMR 2334). In the case of Muhammad Yousaf (Supra), the Supreme Court has drawn a line of distinction between the matters wherein the revenue authorities have the jurisdiction to effect any correction and those which are to be determined by the Civil Courts on the move of the aggrieved partyRead more
Matter:-AGAINST ORDER
80 . Const. P. 2739/2011 Haji Muhammad Ashraf Memon V/S Ministry of Housing & Works & Ors Sindh High Court, Karachi [SHC Citation: 2024- SHC-KHI - 223319 ]The High Court's constitutional jurisdiction is extraordinary and should only be used when other remedies are unavailable. The Supreme Court's judgment in Dr. Abdul Nabi's case (2023 SCMR 1267) supports this view. ???The extraordinary jurisdiction under Article 199 of the Constitution is envisioned predominantly for affording an express remedy where the unlawfulness and impropriety of the action of an executive or other governmental authority could be substantiated without any convoluted inquiry. The expression "adequate remedy" signifies an effectual, accessible, advantageous, and expeditious remedy that should also be remedium juris, i.e. more convenient, beneficial, and effective. To effectively bar the jurisdiction of the High Court under Article 199 of the Constitution, the remedy available under the law must be able to accomplish the same purpose which is sought to be achieved through a writ petition. This extraordinary jurisdiction is provided as a remedy to cure illegality which can be established without any elaborate inquiry into disputed facts???Read more
Matter:-DECLARATION
81 . Const. P. 6194/2024 Muhammad Anwar & Others V/S Province of Sindh & Others Sindh High Court, Karachi [SHC Citation: 2024- SHC-KHI - 223301 ]Moreover, in a chain of judgments, the August court has pronounced that the revenue authorities can only resort to variation/correction of old standing entries in the revenue record if those which crept in due to some omission, inadvertence or clerical mistake. In this context, reference can conveniently be made to the cases of Waris Khan and 18 others v. Col. Humayun Shah and 41 others (PLD 1994 SC 336) and Muhammad Yousaf and 3 others v. Khan Bahadur through L.R.s. (1992 SCMR 2334). In the case of Muhammad Yousaf (Supra), the August Court has drawn a line of distinction between the matters wherein the revenue authorities have the jurisdiction to effect any correction and those which are to be determined by the Civil Courts on the move of the aggrieved party.Read more
Matter:-Land Matters
82 . Const. P. 4667/2023 Atta Muhammad V/S Province of Sindh & Others Sindh High Court, Karachi [SHC Citation: 2024- SHC-KHI - 223303 ]Primarily, the police force is a disciplined force; it shoulders the great responsibility of maintaining law and order and public order in the society; that people repose great faith and confidence in it; that it must be worthy of that confidence; that in recent times, the image of the police force is tarnished and instances of police personnel behaving in a wayward manner by misusing power are in Public domain and are a matter of concern. This factual position is also a cause of great concern these days in our Country as well. On numerous occasions, we come across the involvement of Police personnel in routine as well as heinous crimes, and even if they are apprehended, are let off by the Courts due to faulty and supportive investigation by their brethren by extending the benefit of the doubt. Taking guidance from these observations, it is observed that this must stop and Courts are also required to play their part and let this issue be decided by the Executive / Appointing Authority which in all fairness is in a much better position to ascertain facts and the relevant ground realities.Read more
Matter:-APPOINTMENT
83 . Cr.Bail 2633/2024 MUHAMMAD SALEEM S/O TAJ MUHAMMAD V/S THE STATE Sindh High Court, Karachi [SHC Citation: 2024- SHC-KHI - 223360 ]It appears from the record that the applicant is not nominated in the FIR and no recovery has been effected from his possession. The only allegation against the applicant that facilitated the co-accused who had named him in the present crime, this factum was recorded by the trial court in the order. The alleged extra-judicial confession of co-accused made before police, if any, is not admissible under Articles 38 and 39 of the Qanun-e-Shahadat Order, 1984, that no confession made to a police officer shall be proved as against a person accused of any offence, while Article 39 emphasizes that, subject to Article 40, no confession made by any person whilst he is in the custody of a police officer, unless it be made in the immediate presence of a Magistrate, shall be proved as against such person. Seemingly, a confession made before the police is not made admissible by dint of the aforesaid provisions of the Qanun-e-Shahadat Order 1984 in order to preserve and safeguard the philosophy of safe administration of criminal justice and is also based on public policy. In the aforesaid backdrop, I am sanguine that the case of applicant requires further inquiry to prove his guilt which can only be thrashed out after recording of evidence in the trial Court. On the aforesaid proposition I am guided by the decision of the Supreme Court in the case of Ikram-ul-Haq v Raja Naveed Sabir & others (2012 SCMR 1273).Read more
Matter:-BAIL AFTER ARREST
84 . Const. P. 5911/2024 Muhammad Nasir Khan and Others V/S Province of Sindh & Others Sindh High Court, Karachi [SHC Citation: 2024- SHC-KHI - 223241 ]This petition seeking reconsideration of Rules framed by the respondent department vide notification dated 23.9.2024 cannot be entertained as this Court lacks the jurisdiction under Article 199 of the Constitution for the reasons that it lacks the expertise to dictate policy decisions/framing the rules and that such decisions are required to be made by experts in the field. 6. This petition is found to be not maintainable and is dismissed accordingly with pending application (s).Read more
Matter:-SERVICE
85 . Const. P. 5887/2024 Sajjad Ahmed Sunny and Others V/S Province of Sindh & Others Sindh High Court, Karachi [SHC Citation: 2024- SHC-KHI - 223239 ]We do not agree with the findings of the IGP Sindh and other members of the Committee for the simple reason that transferring the investigation wing to the Executive branch is not justified by the Police Act or the Police Rules 1934, citing para 56 of the Gul Hassan Jatoi judgment. The transfer of investigation officers to the Executive branch contradicts the Supreme Court's judgment as their appointment letters as Inspector Investigations limit their transfer and posting to the Executive Branch, is a matter of their terms and conditions of service and is outside the jurisdiction of the court under Article 212 of the Constitution. Therefore, the petitioners cannot be allowed to be transferred from the Investigation wing to perform their service in the Executive Branch of the Police Department. The petition is dismissed as it lacks merit as well.Read more
Matter:-SERVICE
86 . I.T.R.A 342/2024 M/S AL MASOOM PRODUCTS V/S COMMISSIONER (APPEAL-VI) INLAND REVENUE Sindh High Court, KarachiTopic: Income Tax Ordinance, 2001
[SHC Citation: 2024- SHC-KHI - 223077 ]Section 24A of General Clauses Act, 1897; Orders without assigning reasons; liable to be set aside;Read more
Matter:-INCOME TAX
87 . II.A. 40/2019 Wapda and another V/S Kadir Bakhsh and another Sindh High Court, Karachi [SHC Citation: 2024- SHC-KHI - 222979 ]
Matter:-AGAINST THE JUDGEMENT
88 . Cr.Bail 2483/2024 MUHAMMAD FAROOQ S/O ADUL WAHEED V/S THE STATE Sindh High Court, Karachi [SHC Citation: 2024- SHC-KHI - 223013 ]Bail can be denied in cases involving fraud, forgery, cheating, and criminal conspiracy if the prosecution can establish a strong prima facie case against the accused. In the present case, the learned counsel for the applicant has been unable to explain why the applicant has been a beneficiary of Rs. 2200,000/- credited into his account No. 1286-0221929371001739 from the account of his brother Abdul Latif Sheikh (co-accused). The learned counsel although submitted the said payment was the internal transaction between two brothers i.e. Abdul Latif and the applicant, yet remained unable to explain the nature of the said transaction.Read more
Matter:-BAIL AFTER ARREST
89 . Criminal Appeal 471/2024 The State/ANF through Assistant Director (Law) V/S Sheikh Kaiser Waheed & another Sindh High Court, Karachi [SHC Citation: 2024- SHC-KHI - 223015 ]Coming to the rule position of the case, Rule 22.16 of the Police Rules, 1934, outlines the procedures for handling case property, Police must seize relevant items and mark them with details of the case and the person from whom they were seized. Seized items must be stored securely until further legal action. Items connected with cases sent for trial or suspicious/unclaimed items ordered by a Magistrate must be submitted to headquarters or outposts. Detained material must be presented to a Magistrate for early disposal or release on security. The Police Rules require that case property be stored in the Malkhana and recorded in Register No. XIX. The police and prosecution are responsible for ensuring the safe custody of the property, including its secure transportation to laboratories for analysis. This procedure guarantees the integrity of the case property until it is presented in court.Read more
Matter:-AGAINST THE ORDER
90 . Const. P. 6807/2015 Imam Bux V/S M/s Sea Board Service Sindh High Court, Karachi [SHC Citation: 2024- SHC-KHI - 223021 ]Primarily, resignation is characteristically the voluntary surrender of a position by the one resigning, made freely and not under duress, here petitioner moved an application to the competent authority of the respondent company for withdrawal of his resignation on 07.08.2004, however before the subject application, the respondent company accepted the resignation of the petitioner on 10.07.2004 (page No. 305 of memo of petition) and it was accepted, but the petitioner remained mum and waited for 27 days to move the application to the respondent company for withdrawal of resignation. Prima facie, the petitioner was/is responsible for such delay, failure thereof, and the respondent company could not be held responsible.Read more
Matter:-AGAINST THE ORDER
91 . Criminal Appeal 815/2024 THE STATE / ANF V/S MUHAMMAD JAVEED Sindh High Court, Karachi [SHC Citation: 2024- SHC-KHI - 223019 ]The prosecution wanted to summon PW HC Muhammad Naeem Moharrar of Malkhana In-charge to re-examine him about handing over the sample parcel to the parcel witness. The trial court denied the request, on the premise that he was already examined on oath and his cross-examination had been conducted and now the prosecution wants to fill the lacuna. The reasoning of the learned trial court is justiciable for the simple reason that PW 4 Muhammad Naeem had already been examined by the trial court on 14.11.2024, in which he deposed clearly and produced certain documents and he was cross-examined by the defense.Read more
Matter:-AGAINST THE ORDER
92 . H.C.A 323/2024 Muhammad Qutub-ul-Arefeen and Others V/S Muhammad Younus Qureshi and Others Sindh High Court, KarachiTopic: Civil Procedure Code CPC (12 (2) CPC)
[SHC Citation: 2024- SHC-KHI - 222921 ]Court documents relied on Suit "Alpha" to evidence fraud played in Suit "Beta" and required no further inquiry on the part of the Court deciding Section 12(2) CPC proceedings. Appeal dismissed.Read more
Matter:-AGAINST ORDER
93 . E.P 30/2024 MUHAMMAD ALAMGIR KHAN V/S ECP AND OTHERS Sindh High Court, Karachi [SHC Citation: 2024- SHC-KHI - 222917 ]Failure to join a contesting candidate ??? effect. Non-compliance of section 68 Election ??? effect.Read more
Matter:-ELECTION MATTER
94 . I.T.R.A 274/2024 MUKESH KUMAR V/S APPELLATE TRIBUNAL INLAND REVENUE & OTHERS Sindh High Court, KarachiTopic: Income Tax Ordinance, 2001
[SHC Citation: 2024- SHC-KHI - 222915 ]No Reference Application is maintainable against dismissal of Rectification Application.Read more
Matter:-INCOME TAX
95 . Const. P. 1590/2023 Attock Cement Pakistan Ltd and another V/S Fed. of Pakistan and Others Sindh High Court, KarachiTopic: The Constitution (26th Amendment) Act, 2024 (Article 199 & 202A - Constitutional High Court Powers & Constitutional Benches Roster)
[SHC Citation: 2024- SHC-KHI - 222799 ]High Court Roster Assignments in terms of Article 175 and 202ARead more
Matter:-AGAINST DECISION
96 . H.C.A 492/2024 M/s. Kababjees Group V/S Province of Sindh and Others Sindh High Court, KarachiTopic: Civil Procedure Code CPC (Order VII Rule 10)
[SHC Citation: 2024- SHC-KHI - 222909 ]Essential documents to build a case that an "Association of Person" (AoP) is a legal personRead more
Matter:-AGAINST ORDER
97 . Criminal Appeal 208/2023 QAMBAR S/O KHAIR MUHAMMAD V/S THE STATE Sindh High Court, Karachi [SHC Citation: 2024- SHC-KHI - 222821 ]We have noticed that the sample of purported narcotics was received by the chemical analyzer on January 5, 2022, from the I.O of Gulbahar Police Station, though the alleged recovery was made on December 30, 2021. The sample must be sent to the lab within 72 hours of seizure. All items in the police station's storeroom must be recorded in Register No. XIX. In the present case, the prosecution failed to send the drug sample to the lab within 72 hours as required by the law. The prosecution has not provided a valid reason for the 6-day delay. The issue raised has created reasonable doubt, but the lower courts failed to consider this aspect of the case in favor of the appellant. On the aforesaid proposition, we are guided by the decisions of the Supreme Court in the cases of Asif Ali v The State 2024 SCMR 1408, Muhammad Hazir v The State 2023 SCMR 986, Qaiser & another v The State 2022 SCMR 1641.Read more
Matter:-IMPRISONMENT ABOVE 7 YEARS
98 . R.A (Civil Revision) 135/2022 Abdul Sami Kehar V/S Amanullah Dasti & others Sindh High Court, Circuit at Larkana [SHC Citation: 2024- SHC-LRK - 222715 ]Suit for Specific Performance of Contract: Oral Agreements: Detailed Proof Required in Legal ClaimsDiscussion: Proving an oral agreement to sell requires the plaintiff to specify the date, time, place, and witnesses, outline all terms, and explain the lack of written documentation. Inconsistent witness testimonies and missing details can undermine the claim's credibility, emphasizing the need for thorough evidence and precise articulation.Read more
Matter:-Against Order
99 . Const. P. 4850/2024 Muhammad Shabbir Ahmed & Ors V/S Province of Sindh & Others Sindh High Court, KarachiTopic: CONSTITUTION OF PAKISTAN, 1973 (Discrepancies in MDCAT Test)
[SHC Citation: 2024- SHC-KHI - 222187 ]In response to substantiated allegations of paper leakage in the MDCAT 2024, the High Court of Sindh ordered a retake of the exam, emphasizing the necessity of strict security measures to ensure fairness and transparency in educational testing, thereby upholding constitutional rights and maintaining educational integrity.Read more
Matter:-Result / Admission (MD-CAT)
100 . Criminal Miscelleneous 734/2022 MUHAMMAD ANWAR S/O MURTAZA V/S THE STATE & ANOTHER Sindh High Court, Karachi [SHC Citation: 2024- SHC-KHI - 222697 ]Primarily, seized vehicles can generally be released during criminal trials. However, under the CNSA, vehicle release during drug offense trials is restricted. Only the lawful owner, who was/is unaware of the intended crime and has no connection to the accused, can seek release on Superdari. The prosecution must prove the owner's knowledge during the trial. The court can grant interim release if satisfied with the owner's claim and lack of association with the crime. To prevent the registration of crime-involved vehicles, the Supreme Court in the case of Amjad Ali Khan Vs the State vide order dated 13.03.2020, considered amending the Motor Vehicle Ordinance (MVO) and its rules. Additionally, develop an online verification system for vehicle crime history, require a No Objection Certificate from the police or an affidavit from the transferor/transferee at the time of registration.Read more
Matter:-AGAINST THE ORDER
101 . Const. P. 5309/2024 Sidra & Another V/S The State and Others Sindh High Court, Karachi [SHC Citation: 2024- SHC-KHI - 222647 ]In view of the statement of the parties, coupled with the report of the Investigation officer to the effect that the case has been recommended for C Class, therefore, the proceedings arising out of FIR No. 536 of 2024 registered for offenses under section 365-B, PPC needs to be quashed. The request seems to be reasonable and acceded to, however, such order shall be passed by the Magistrate on the report submitted under section 173 Cr. P.C. within one week. 6. In view of the above, this Constitutional Petition is disposed ofRead more
Matter:-QUASHMENT OF F.I.R / FREE-WILL
102 . Const. P. 5865/2024 Mst. Mehwish & Another V/S Province of Sindh & Others Sindh High Court, Karachi [SHC Citation: 2024- SHC-KHI - 222651 ]Primarily, this is a free and democratic country, and once a person becomes a major he or she can marry whosoever he/she likes; if the parents of the boy or girl do not approve of such inter-caste or interreligious marriage the maximum they can do is they can cut off social relations with the son or the daughter, but they cannot give threats or commit or instigate for acts of violence and cannot harass the person who undergoes such inter-caste or inter-religious marriage. We, therefore, direct that the administration/police authorities will see, if any boy or girl who is major undergoes inter-caste or inter-religious marriage with a woman or man who is a major, the couple is neither harassed by anyone nor subjected to threats or acts of violence and anyone who gives such threats or harasses or commits acts of violence either himself or at his instigation, is taken to task by instituting criminal proceedings by the police against such persons and further stern action is taken against such person(s) as provided by law. However, the above observation is without prejudice to the legal rights of the parties, arising out of the underage issue if any, pending before the competent court of law.Read more
Matter:-QUASHMENT OF F.I.R / FREE-WILL
103 . Const. P. 5293/2024 Mst. Rabia and Another V/S Province of Sindh & Others Sindh High Court, Karachi [SHC Citation: 2024- SHC-KHI - 222649 ]In view of the statement of the parties, coupled with the report of the Investigation officer to the effect that the case has been recommended for C Class, therefore, the proceedings arising out of FIR No. 536 of 2024 registered for offenses under section 365-B, PPC needs to be quashed. The request seems to be reasonable and acceded to, however, such order shall be passed by the Magistrate on the report submitted under section 173 Cr. P.C. within one week. 6. In view of the above, this Constitutional Petition is disposed ofRead more
Matter:-QUASHMENT OF F.I.R / FREE-WILL
104 . Const. P. 3461/2024 Zulfiqar Ahmed V/S Province of Sindh & Others Sindh High Court, Karachi [SHC Citation: 2024- SHC-KHI - 222605 ]The Court directs the Province of Sindh to investigate why the Sindh Land Alienation Bill of 1947 was not assented to despite assembly approval, examine the status of mortgaged properties from 1917 to 1947, and preserve the historical context of partition through archival records. A detailed report on these investigations is to be submitted within six months.Read more
Matter:-Land Matters
105 . Const. P. 2802/2024 Pakistan Federal Union of Journalist V/S Fed. of Pakistan and Others Sindh High Court, KarachiTopic: PEMRA Ordinance, 2002 (Code of Conduct - 2015 - Court Reporters)
[SHC Citation: 2024- SHC-KHI - 222529 ]PEMRA's impugned directive was declared illegal and out of sync with PEMRA laws. Exercise of judicial restraint. Where two options are available to the Constitutional Court one on constitutional ground and the other ground of statutory construction, Court may opt for the latter option. Petition allowed.Read more
Matter:-AGAINST BAN
106 . H.C.A 177/2019 Nazar Mohammad Bozdar V/S Muhammad Ishrat & others Sindh High Court, Karachi [SHC Citation: 2024- SHC-KHI - 222555 ]Section 5(3) of the Contempt of Court Ordinance, 2003 also states that ???In the case of a contempt having been committed, or alleged to have been committed, by a company, the responsibility thereof shall extend to the persons in the company, directly or indirectly, responsible for the same, who shall also be liable to be punished accordingly.??? Therefore, in our view, before the matter could be fixed for framing charge, there had to be some discussion as to which of the alleged contemnors was prima facie responsible. It is the case of some of the Appellants that they were posted to SITE for brief periods and could not be held responsible for acts committed before or after their posting, which aspect has not been considered in the impugned order.Read more
Matter:-RECOVERY OF AMOUNT / DAMAGES
107 . Const. P. 2646/2024 Shahid Hussain and Others V/S M/s PEMRA and Others Sindh High Court, KarachiTopic: PEMRA Ordinance, 2002 (Code of Conduct - 2015 - Court Reporters), Civil Procedure Code CPC (Order XLVII Rule 1)
[SHC Citation: 2024- SHC-KHI - 222527 ]PEMRA's impugned directive was declared illegal and out of sync with PEMRA laws. Exercise of judicial restraint. Where two options are available to the Constitutional Court one on constitutional ground and the other ground of statutory construction, Court may opt for the latter option. Petition allowed. REMARKS EXPUNGED - COSTS IMPOSED REDUCED - Order dated 11 December 2024Read more
Matter:-AGAINST NOTIFICATION
108 . E.P 25/2024 Usman Ghani s/o Yaqoob Hingoro V/S Election Commission of Pakistan and others Sindh High Court, Karachi [SHC Citation: 2024- SHC-KHI - 222531 ]Restoration of Election Petition, allowed.Read more
Matter:-ELECTION MATTER
109 . Const. P. 5497/2024 Muhammad Naseer Rais V/S Province of Sindh & Others Sindh High Court, Karachi [SHC Citation: 2024- SHC-KHI - 222599 ]Principally, Courts should avoid pejorative remarks against non-parties and unjust criticism of parties, vilifying them should also be avoided. Judges can criticize relevant matters and witnesses but should avoid criticizing those in official positions without valid justification that is subject to jurisdiction. A presiding officer of the Court must give a person the opportunity to explain condemnatory facts before criticizing him/her. This is especially important for public servants, who should be given a chance to defend themselves before being criticized. Criticizing someone without giving them a chance to respond is unfair and may be considered outside the judge's jurisdiction. Judges must be independent, but also fair and restrained. They should only criticize people if they have a chance to defend themselves if there is evidence to support the criticism, and if it is necessary for the case. Judicial pronouncements should be sober, moderate, and reserved. On the aforesaid proposition, we are guided by the decisions of the Supreme Court in the cases of Nusrat Yasmin v. Registrar, PHC,(PLD 2019 SC 719) and Aijaz Ahmed v. State. (PLD 2021 SC 752).Read more
Matter:-AGAINST THE ORDER
110 . Const. P. 3062/2020 Sabre Travel Network Pakistan V/S Pakistan and Others Sindh High Court, KarachiTopic: CONSTITUTION OF PAKISTAN, 1973 (Article 260), Income Tax Ordinance, 2001 (Section 74, 112, 114, 120 and 122)
[SHC Citation: 2024- SHC-KHI - 222361 ]No order could be passed even if the show-cause notice is issued on the last day when limitation ends, as essentially the "order" could not be passed after expiry of five years.Read more
Matter:-INCOME TAX
111 . Const. P. 5578/2023 Nutrico Morinaga Pvt Ltd &Others V/S Province of Sindh & Others Sindh High Court, KarachiTopic: Child Nutrition Act,2023
[SHC Citation: 2024- SHC-KHI - 222997 ]Article 116 of the Constitution' Governor cannot retain a Bill beyond 10 days; either has to return it with objections, and if not, there shall be "deemed assent" and will become an ACT of the Provincial Assembly.Read more
Matter:-AGAINST ACT
112 . Cr.Rev 271/2022 BASHEER AHMED SODHAR S/O BAKSHAL V/S THE STATE & ORS Sindh High Court, Karachi [SHC Citation: 2024- SHC-KHI - 222817 ]Coming to the main issue, the offenses under the Sindh Public Property (Removal of Encroachment) Act, 2010, are cognizable. This means that the police have the authority to arrest the accused without a warrant and investigate the case further, which provision of the law ought to have been invoked by the Police, however, they rather preferred to invoke the jurisdiction of ATC on the purported plea that revenue officials were deterred from their duties with terror charges, but it is yet to be determined by the court whether sections 6, 7, and 8 of the Anti-Terrorism Act, 1997 were/are attracted or otherwise as the contents of F.I.R, prima facie show the allegations of general nature as such these offenses of PPC could be tried by the ordinary/regular court rather than the special court, in terms of the ratio of the judgment rendered by the Supreme Court in the case of Ghulam Hussain case, just on the plea of Mukhtiarkar and Police to the effect that injury was caused to them; however, the police report lacks a medical certificate required to charge the accused under section 337-A (i) PPC. Besides it is unclear whether the official intended to remove encroachment from public or private land. A regular court should determine this aspect of the case after framing the charge, and transfer the case if necessary under the law for the reason that Section 23 of the Anti-Terrorism Act, 1997 allows for the transfer of a case from an Anti-Terrorism Court (ATC) to an ordinary court.Read more
Matter:-AGAINST THE ORDER
113 . Const. P. 5990/2023 Syed Mehmood Jaffer Zaidi V/S Fed. of Pakistan and Others Sindh High Court, Karachi [SHC Citation: 2024- SHC-KHI - 222357 ]National Bank of Pakistan (Staff) Rules, 1973 do not sanction an indefinite demotion. Writ is maintainable against NBP.Read more
Matter:-SERVICE
114 . Const. P. 6249/2022 Ayaz Ali and Others V/S Fed. of Pakistan and Others Sindh High Court, Karachi [SHC Citation: 2024- SHC-KHI - 222359 ]NBP, being a statutory corporation, is amenable to the writ jurisdiction of the High Courts under Article 199 of the Constitution. (ii). Reserving employment for the progeny and widows of deceased employees without subjecting them to open competition is inherently exclusionary and prejudices the rights of other qualified citizens. Moreover, Article 18 of the Constitution reinforces the emphasis on merit-based appointments by guaranteeing every citizen the right to enter any lawful profession.Read more
Matter:-DECEASED QUOTA
115 . Spl.Anti.Ter.A. 23/2024 AMEERULLAH S/O MASTA JAN V/S THE STATE Sindh High Court, Karachi [SHC Citation: 2024- SHC-KHI - 223323 ]It was incumbent upon the police to associate some independent/private persons; and just saying that no one was available at the spot is not sufficient thus testimony of police officials in this regard in given circumstances, cannot be safely relied upon to maintain conviction against the appellant. For extending the benefit of the doubt to an accused, there do not need to be multiple circumstances creating doubt, if there is a single circumstance which creates reasonable doubt in a prudent mind about the guilt of accused, he will be entitled to such benefit. Once it was established on record that the Appellant did not commit an offense punishable under the Anti-Terrorism Act, 1997, the provisions pertaining to the exclusion of Section 103 of the Code of Criminal Procedure (Cr.P.C.), as referenced above, become inapplicable to the present case, where no conviction has been rendered under the ATA, 1997.Read more
Matter:-IMPRISONMENT UPTO 7 YEARS
116 . Suit 2003/2022 TIME PRESS (PVT) LTD V/S SUI SOUTHERN GAS COMPANY LIMITED & OTHERS Sindh High Court, KarachiTopic: Gas (Theft, Control and Recoverey) Act, 2016 (Order VII Rule XI CPC)
[SHC Citation: 2024- SHC-KHI - 222159 ]Gas (Theft Control and Recovery) Act 2016 designates the fora for pertinent prosecution, adjudication and matters ancillary and related thereto; plaint rejected.Read more
Matter:-Others
117 . Cr.Rev 186/2024 RASHID GHAZI S/O GHULAM QADIR V/S THE STATE Sindh High Court, Karachi [SHC Citation: 2024- SHC-KHI - 222645 ]The law allows joint trials/charges for offenses linked by time, place, or motive. The wisdom behind joinder of charges is to avoid conflicting decisions, minimize witness burden, and save court time by combining related offenses into a single trial. Additionally, the "same transaction" test, requiring continuity, intent, and shared design, is crucial. It is important to note that the court while trying any offense under the law as a special court may also try any other offense which an accused may, under the Cr. PC be charged, at the same trial if the offense is connected with such other offense. If in the course of any trial under the law of any scheduled offense, it is found that the accused person had committed, in addition, any other offense connected with the scheduled offense, the special court may pass the order for such other offense as authorized by the law or as the case may be such other law. To understand the Anti-Terrorism Act, 1997 (ATA), we first examined its legislative intent as expressed in the preamble, which for convenience sake is referred to here under:- ??? whereas it is expedient to provide for the prevention of terrorism, sectarian violence and for speedy trial of heinous offenses and for matters connected therewith and incidental thereto.???Read more
Matter:-AGAINST THE ORDER
118 . Cr.Rev 100/2022 ASKARI BANK LIMITED V/S MUHAMMAD FAROOQ & ANOTHER Sindh High Court, Karachi [SHC Citation: 2024- SHC-KHI - 222597 ]It is settled law that when the criminal charges depend on the outcome of the civil cases, proceeding with the criminal case before the civil cases are resolved could potentially harm the accused. Additionally, the amount owed, which is a crucial element in the criminal case, can only be determined in the civil court, and the criminal court is divested from such determination. 19. To establish criminal liability under these sections, it would be necessary to demonstrate that the accused has defaulted on a financial obligation to the bank and has failed to repay the amount due. The specific nature of the breached obligations and representations would need to be examined to determine whether they directly relate to the accused's financial obligations to the bank and whether they constitute a criminal offense under the FIO. Mere breach of a contract or civil obligation, without more, may not necessarily constitute a criminal offense. The prosecution would need to prove that the accused's actions were intentional, dishonest, or fraudulent and that caused significant financial loss to the bank. Additionally, the bank cannot unilaterally determine the amount owed and initiate criminal proceedings as such a proper judicial process is necessary to establish liability and debt amount before criminal charges can be pursued.Read more
Matter:-AGAINST THE ORDER
119 . Const. P. 1485/2024 Ali Gul V/S Home Secretary & Others Sindh High Court, KarachiTopic: Habeas Corpus U/S 491 for wrongful Confinement
[SHC Citation: 2024- SHC-KHI - 222247 ]Section 491 of the Cr.P.C. empowers the High Court to issue writs of habeas corpus, which are used to challenge the legality of a person's detention. It provides a remedy for those who believe they are being unlawfully detained, whether by the government or private individuals. The primary purpose of Section 491 Cr.P.C is to ensure that the person is detained under due process of law. And the detention is not based on whim or caprice. Before parting with this order it is directed that the Police officials shall endeavor to contact with detenue and allows her to meet with her father/petitioner and ensure no harm is caused to her by either party and if any harassment is caused to her by any of the parties the police shall act swiftly. In view of the statement of the Investigating officer, no case of illegal detention is made out and the purpose of filing the instant petition under Article 199 read with section 491 Cr. P.C. has been served; therefore, the same stands disposed of.Read more
Matter:-DETENTION
120 . Const. P. 5736/2024 M/s Meezan Tea Pvt Ltd V/S Fed. of Pakistan and Others Sindh High Court, Karachi [SHC Citation: 2024- SHC-KHI - 222239 ]The Supreme Court in the case of Ghulam Sarwar Zardari vs. Piyar Ali alias Piyaro and another (2010 SCMR 624) has laid down that the High Court can intervene under Article 199 of the Constitution to correct mala fide or beyond-jurisdiction investigations by authorities. As such this Court can quash an FIR but not necessarily an investigation at its preliminary stage. Let the investigation be carried out and the result whereof shall be submitted to the competent court for appropriate orders within one month. 8. In view of the above facts and circumstances of the case, no case for interference in the investigation, under article 199 of the Constitution of the Islamic Republic of Pakistan is made at this stage. This petition is dismissed in limine.Read more
Matter:-QUASHEMENT OF F.I.R.
121 . Spl.Anti.T.Acq.A 153/2022 THE STATE THROUGH P.G SINDH V/S SYED UMAR KAMAL Sindh High Court, Karachi [SHC Citation: 2024- SHC-KHI - 222127 ]It is a well-settled principle of law that where the direct evidence fails the corroborative piece(s) of evidence will be of no help to the prosecution as portrayed by the learned APG. Reliance can be made to the case of ???Abid Ali & 2 others 2011 SCMR 208??? wherein it was held:- ???Although where the ocular account has been disbelieved the recovered articles which are carrying corroborative value cannot substantiate the charge against the appellants because, in the absence of direct evidence, corroborative evidence by itself cannot bring home the charge of murder against the appellants.???Read more
Matter:-AGAINST ORDER
122 . Const. P. 6009/2022 Jamil Ahmed V/S Province of Sindh & Others Sindh High Court, Karachi [SHC Citation: 2024- SHC-KHI - 222243 ]The main issue involved in the present proceedings is about encashing LPR after retirement. The rules state that LPR must be applied for before retirement. The petitioner retired on 26 October 2016 and applied for LPR encashment later in the year 2002 after 8 years. The petitioner cited cases of his colleagues where the department allowed LPR enchament post-retirement, after a considerable period, when confronted with this position to the respondents, however, this fat was admitted by the department???s representative present I court and sought remittance of this case to the competent authority of the department concerned. 7. Both parties after arguing the matter at some length agreed to dispose of the case, directing the Chief Secretary Sindh who shall constitute a committee headed by him and co-opted by Secretary Finance, Secretary School Education Department, government of Sindh assisted by Regulation wing S&GAD to address the disparity issue and decide the matter, including the petitioner???s requests as made in the memo of the petition within one month after providing meaningful hearing to the parties.Read more
Matter:-PENSION
123 . I. A 5/2022 Prof. Dr. Kheo Ram V/S M/s. Changan Mehran Motors & another Sindh High Court, Circuit at Larkana [SHC Citation: 2024- SHC-LRK - 222337 ](1) The Consumer Court improperly used its powers under the Code of Civil Procedure, given the matter was a complaint and not a plaint.(2)Consumer Court's Authority under Section 36 of the 2014 Act overlooks proper use of Order VII Rule 11 C.P.C.(3)Meticulous analysis of Section 29 of the Consumer Protection Act of 2014 confirms timeliness of the Appellant's Complaint. (4) The key requirement of establishing consumer status is to invoke the jurisdiction of the Consumer Court.Read more
Matter:-Against Order
124 . Spl.H.C.A 320/2024 Zahida Ashraf and Others V/S The Bank of Punjab Limited Sindh High Court, KarachiTopic: Financial Institutions (Recovery of Finances) Ordinance, 2001 (Financial Institutions (Recovery of Finances) Rules, 2018)
[SHC Citation: 2024- SHC-KHI - 221979 ]Appellant-Customer/Borrower, without any documentary evidence to support its objections, attempted to challenge the mode, method and conduct of ongoing auction proceedings for the sale of mortgaged properties without the intervention of the Court after passing of a decree under Section 19 of FIO, 2001. Appeals dismissed.Read more
Matter:-AGAINST ORDER
125 . Cr.Misc. 473/2023 THE STATE THROUGH P.G SINDH V/S MUHAMMAD AKBAR CHANDIO & ORS Sindh High Court, Karachi
Matter:-AGAINST ORDER
126 . Spl. Cus. Ref. A. 213/2024 Director, Directorat Gen., Int.& Inv (Custom) Hyd. V/S Muhammad Sabir S/o Muhammad Yousaf & another Sindh High Court, KarachiTopic: Custom Act, 1969 (Clause 89(i) of section 156(1))
[SHC Citation: 2024- SHC-KHI - 221947 ]Burden of proof under section 187 Customs Act.Read more
Matter:-CUSTOM MATTER
127 . Criminal Miscelleneous 639/2022 KARIM BUX JOKHIO @ JAVED & ORS V/S THE STATE & ORS Sindh High Court, KarachiTopic: Application under section 561-A Cr.PC (Return of final report U/S 173 Cr.P.C to investigation officer for placing before special court )
[SHC Citation: 2024- SHC-KHI - 221963 ]We have noticed that the Judicial Magistrate has been conferred with wide powers to take cognizance of an offense not only when he receives information about the commission of offense from a third person but also when he has knowledge or even suspicion that the offense has been committed. The Magistrate has the power to independently review a police report, even if it concludes that no offense was committed. They can disagree with the police's opinion and take cognizance of the offense, ordering further investigation or issuing process to the accused. The Magistrate's decision is based on their assessment of the facts, not solely on the police's opinion. The terms "charge sheet" and "final report" are not formally defined in the Code. However, they are commonly used in police rules to refer to reports filed under Section 170 Cr.P.C. Reports filed under Section 169, where there's insufficient evidence, are often termed "referred charge," "final report," or "summary." 16. In view of the above we, therefore, dispose of these Criminal Miscellaneous Applications along with the pending application(s), with direction to the trial court to proceed with the matter, frame the charge, and culminate the Criminal proceedings in its logical conclusion within a reasonable time.Read more
Matter:-AGAINST ORDER
128 . Suit 424/2006 MRS. SHAMIM BARLAS V/S AL HABIB CO-OP HOUSING SOCIETY & ANOTHE Sindh High Court, Karachi [SHC Citation: 2024- SHC-KHI - 222227 ]Jurisdiction of Special Court for Cooperative Societies under the Sindh Cooperative Societies Act, 2020 and the application of Section 115 of the Sindh Cooperative Societies Act, 2020Read more
Matter:-RECOVERY
129 . Adm.A 2/2024 M/S TRANSFAR LOS ANGELES PTE LTD V/S M.V. "TSS AMBER" & others Sindh High Court, Karachi [SHC Citation: 2024- SHC-KHI - 225379 ]Action in rem & Action in Personam. Arrest of Vessel. Order I Rule 10 CPCRead more
Matter:-RECOVERY
130 . R.A (Civil Revision) 101/1995 Budho Khan thr:LRs V/S Mst: Hawa and other. Sindh High Court, Circuit at Hyderabad [SHC Citation: 2024- SHC-HYD - 223237 ]
Matter:-Against Judgment
131 . Const. P. 84/2023 Parvez Ali Khaskheli V/S P.O Sindh & Others Sindh High Court, Bench at Sukkur
Matter:-EDUCATION
132 . Const. P. 84/2023 Parvez Ali Khaskheli V/S P.O Sindh & Others Sindh High Court, Bench at Sukkur
Matter:-EDUCATION
133 . M.A. 69/2022 M/s. Meerut Cooperative Housing Society Ltd V/S Shahid Akhtar Qureshi and others Sindh High Court, Karachi [SHC Citation: 2023- SHC-KHI - 205262 ]The Court interpreted the Cooperative Societies Act, 1925, and its 2020 amendment, observing that the Act primarily supports broad economic activities in agriculture, not for housing schemes of affluent and influent persons. The Court directed the Chief Secretary of Sindh to ensure the Act's effective implementation in line with its original purpose and called for educational programs Bachelor degree(s) in the subject of cooperative societies.Read more
Matter:-COOP. HOUSING SOCIETIES
134 . M.A. 69/2022 M/s. Meerut Cooperative Housing Society Ltd V/S Shahid Akhtar Qureshi and others Sindh High Court, Karachi [SHC Citation: 2023- SHC-KHI - 206195 ]SindhiRead more
Matter:-COOP. HOUSING SOCIETIES
135 . M.A. 69/2022 M/s. Meerut Cooperative Housing Society Ltd V/S Shahid Akhtar Qureshi and others Sindh High Court, Karachi [SHC Citation: 2023- SHC-KHI - 211049 ]UrduRead more
Matter:-COOP. HOUSING SOCIETIES
136 . Const. P. 1447/2020 Yaseen Ali Ghunio V/S Govt of Pak & Others Sindh High Court, Bench at Sukkur [SHC Citation: 2023- SHC-SUK - 216739 ]CP(D) 1447/2020 Connected with CP(D) 228/2021 - Judgment in UrduRead more
Matter:-Railway Bridge
137 . Const. P. 1447/2020 Yaseen Ali Ghunio V/S Govt of Pak & Others Sindh High Court, Bench at Sukkur [SHC Citation: 2023- SHC-SUK - 216741 ]CP(D) 1447/2020 connected with CP(D) 228/2021 - Judgment in SindhiRead more
Matter:-Railway Bridge
138 . Cr.Acq.A. 56/2021 MUHAMMAD IMTIAZ S/O ALTAF HUSSAIN V/S THE STATE & ORS Sindh High Court, Karachi
Matter:-AGAINST ORDER
139 . Const. P. 6712/2020 M/s Telenor Microfinance Bank Ltd V/S Province of Sindh and Others Sindh High Court, KarachiTopic: Sindh Employees Social Security Act, 2016
[SHC Citation: 2021- SHC-KHI - 154369 ]Social Security for workersRead more
Matter:-SESSI