Report -

Search Result on selected Judge

Hon'ble Mr. Justice Muhammad Faisal Kamal Alam

High Court of Sindh at Karachi, Bench at Sukkur and Circuit Courts at Hyderabad and Larkana
Category Wise List of cases (Judgments / Orders )
Total Judgements/Orders :
Code S.No. Citation Case No. Case Year Parties Bench Order_Date A.F.R Head Notes Judgement/Order
138873 1 2016 SBLR Sindh 1651 Adm. Suit 287/1990 (S.B.) Sindh High Court, Karachi 1990 Jugolinifa (Plaintiff) VS Sayeed A.Tayyab (Defendant) S.B. 28-MAR-16 Yes Rule of 'best evidence' explained; according to which, if a best piece of evidence is not produced by a party or is withheld, then an adverse inference would be drawn against such party, that it deliberately not produced the evidence coupled with some ulterior motive. Objection can be taken during pendency of case that the Suit has been instituted by a person who was not duly authorized or competent to file the proceeding, as envisaged under Order XXIX, Rule 1 of Civil Procedure Code, even though no specific Issue was framed in this regard, but, in the evidence the Plaintiff witness was cross-examined on this particular fact and was given an opportunity to produce relevant authorization, under which the suit was instituted, but, he failed to do so. Since defect in filing proceeding was incurable, hence, suit was dismissed.
140564 2 Adm. Suit 1/2019 (S.B.) Sindh High Court, Karachi 2019 M/S. COMMERCIAL BANK INT (Plaintiff) VS M.V. MISKI AN OTHER (Defendant) S.B. 02-OCT-19 Yes There cannot be two decisions with regard to same loan transaction / finance facility; that is, one passed in the foreign jurisdiction as above and the other one in the present proceeding. the Judgment given by the Court of Sharjah (UAE) in the Case filed by present Plaintiff against Defendant No.2, can be executed through the present proceeding. Therefore, the Judgment of Sharjah Court in a sum of AED 5723557 (Five Million Seven Hundred Twenty Three Thousand Five Hundred and Fifty Seven Dirhams) together with 5% (five percent) of the legal interest, can be executed through the present proceeding.
140142 3 Adm. Suit 6/2018 (S.B.) Sindh High Court, Karachi 2018 FAREED AHMED KHAN & OTHERS (Plaintiff) VS M.V. MISKI & ANOTHER (Defendant) S.B. 06-SEP-19 Yes Nil.
141283 4 Adm. Suit 2/2018 (S.B.) Sindh High Court, Karachi 2018 HAYS TRADING & SHIPPING (Plaintiff) VS M.V. MISKI (Defendant) S.B. 23-SEP-19 Yes Nil.
140565 5 Adm. Suit 7/2018 (S.B.) Sindh High Court, Karachi 2018 Fair Sea International FZC (Plaintiff) VS MV "MISKI" & Others (Defendant) S.B. 23-SEP-19 Yes Plaintiff has incurred and still incurring expenses for supply of necessaries and other products to Defendant No.1 since or about 09.10.2017 and onwards, when the Defendant No.1 (subject Vessel) is berthed at Karachi Port; therefore, only those documents can be considered, which relate to this period and onwards, or, when the subject Vessel entered territorial waters of Pakistan and not before that. Suit of the Plaintiff is partly decreed to the extent of US Dollars-120,710.6 (US Dollars One Lac Twenty Thousand Seven Hundred and Ten only) and Pak Rupees-22,42,497/- (Rupees Twenty Two Lacs Forty Two Thousand and Four Hundred Ninety Seven only).
140566 6 Adm. Suit 3/2018 (S.B.) Sindh High Court, Karachi 2018 GLANDER INTERNATIONAL BUNKERING DMCC (Plaintiff) VS M.V. MISKI AND 2 OTHERS (Defendant) S.B. 23-SEP-19 Yes It is an established Rule that pleadings themselves cannot be considered as evidence unless the Plaintiff or Defendant, as the case may be, enters the witness Box and lead the evidence in support of one's claim or defence. Plaintiff has not come forward to testify and discharge the burden of proof about its claim. The reported decision of Hon???ble Supreme Court handed down in the case of Rana Tanveer Khan v. Naseer Khan-2015 SCMR page-1401, is relevant. Since Plaintiff has failed to prove the allegations against the Defendants, thus the Plaintiff is not entitled to any relief. Suit dismissed.
114898 7 Adm. Suit 628/2015 (S.B.) Sindh High Court, Karachi 2015 Marhaba Aviation Services Private Limited (Plaintiff) VS Real Air Travel (Defendant) S.B. 07-FEB-17 No Nil.
116246 8 Adm. Suit 539/2000 (S.B.) Sindh High Court, Karachi 2000 Al-Riaz (Pvt.) Limited and another (Plaintiff) VS Muhammad Ismail and others (Defendant) S.B. 14-JUL-17 Yes Nil.