High Court of Sindh at Karachi, Bench at Sukkur and Circuit Courts at Hyderabad and Larkana
Judgement/Order Wise List of cases (Judgments / Orders )
Code
S.No.
Citation
Case No.
Case Year
Parties
Bench
Order_Date
A.F.R
Head Notes
Judgement/Order
145055
1
Suit 1347/2006 (S.B.) Sindh High Court, Karachi
2006
ASADULLAH KHAWAJA (Appellant) VS INVESTMENT CORP. OF PAKISTAN (Respondent)
S.B.
20-APR-20
Yes
Nil.
107334
2
Suit 646/1999 (S.B.) Sindh High Court, Karachi
1999
KHAN JAMAL (Plaintiff) VS M/S. LONG LIFE BUILDERS & ORS. (Defendant)
S.B.
03-OCT-16
No
Nil.
112687
3
2017 MLD 903
I. A 13/2016 (S.B.) Sindh High Court, Circuit at Hyderabad
2016
Nadeem Ali (Appellant) VS Muhammad Yaseen Atta & Ors. (Respondent)
S.B.
18-NOV-16
No
Nil.
137303
4
Suit 315/2000 (S.B.) Sindh High Court, Karachi
2000
S.M.INAMUL HAQ. (Plaintiff) VS MIRZA AMJAD BAIG & ORS. (Defendant)
S.B.
28-JAN-19
Yes
Nil.
137307
5
Suit 515/2006 (S.B.) Sindh High Court, Karachi
2006
M/S SOORTY ENTERPRISES (PVT) LTD. (Plaintiff) VS MUHAMMAD ARSHAD SYED (Defendant)
S.B.
06-FEB-19
Yes
Nil.
135932
6
Suit 1022/2005 (S.B.) Sindh High Court, Karachi
2005
ABID & ORS (Plaintiff) VS K.B.C.A (Defendant)
S.B.
25-JAN-19
No
Nil.
138951
7
2016 SBLR Sindh 594
J.M 62/2015 (S.B.) Sindh High Court, Karachi
2015
M/s. Shahtaj Textile Lmited. (Applicant) VS Standard Chartered Bank (Pakistan) Ltd., & Others. (Respondent)
S.B.
07-DEC-15
Yes
If triable issues are not involved, which required leading and recording of evidence, then it is not mandatory to frame issues and an application under Section 12(2) of C.P.C. can be decided on the basis of available case record and undisputed facts.
Ratable distribution under Section 73 read with Order XXXIV Rule 13 of Civil procedure Code; Bank having a mortgage decree in its favour has a preferential status over a money decree, which is in favour of Plaintiff.
Analysis of the discussion brings forth the conclusion that neither Judgment Debtors nor Bank have actively concealed a fact, or, misrepresented certain facts in such a fraudulent way, which, if not made or committed, would have not resulted in passing of the impugned Compromise Decree. Consequently, element of fraud is not present in instant cases.
By analogy a cardinal principle of administrative law, which, time and again has been enunciated by the courts and later enacted as Section 24A of the General Clauses Act, 1897, inter alia, that an authority should act reasonably, fairly and justly, is also applicable to the financial institutions.
138573
8
Suit 1079/2011 (S.B.) Sindh High Court, Karachi
2011
MAKRAN COMM. &ORS (Plaintiff) VS CHINA MOBILE PAK (Defendant)
S.B.
08-MAY-19
No
Nil.
138575
9
Suit 425/2009 (S.B.) Sindh High Court, Karachi
2009
RIZWAN AHMED (Plaintiff) VS JAMEEL AHMED & ORS. (Defendant)
S.B.
29-JAN-19
No
Nil.
112655
10
Civil Revision 245/2010 (S.B.) Sindh High Court, Circuit at Hyderabad
2010
Party-1 (Applicant) VS Party-2 (Respondent)
S.B.
28-NOV-16
No
Nil.
114894
11
Suit 1090/1991 (S.B.) Sindh High Court, Karachi
1991
Sunray Corporation (Private) Limited (Plaintiff) VS M/s. Total Parco Marketing Ltd (Defendant)
S.B.
14-OCT-16
Yes
Nil.
130876
12
Election Appeal 27/2016 (S.B.) Sindh High Court, Bench at Sukkur
2016
Jumman (Appellant) VS Zulfiqar and 3 others (Respondent)
S.B.
03-AUG-18
No
Nil.
133427
13
Const. P. 3381/2014 (D.B.) Sindh High Court, Bench at Sukkur
2014
Mst. Fozia (Petitioner) VS Province of Sindh and others (Respondent)
D.B.
11-JUL-18
No
Nil.
132709
14
Election Appeal 41/2016 (S.B.) Sindh High Court, Bench at Sukkur
2016
Tariq Hussain (Appellant) VS Subhan Ali (Respondent)
S.B.
17-SEP-18
Yes
Nil.
139035
15
Civil Revision 144/2014 (S.B.) Sindh High Court, Circuit at Hyderabad
2014
Mst. Parveen Raza Jadun through her legal heirs (Applicant) VS Bashir Ahmed Chandio and others (Respondent)
S.B.
12-JUL-19
Yes
(i). In direct benami claim requires a higher standard of proof; (ii) every transaction between family members cannot be recognized as benami; (iii). Claimant not challenged the purchase of property by father in favour of his son, during the life time of the father, then claim of Plaintiff (sister) is meritless.
139427
16
Criminal Appeal 20/2018 (D.B.) Sindh High Court, Circuit at Larkana
2018
Muhammad Sharif and another (Appellant) VS The State (Respondent)
D.B.
24-JUL-19
Yes
Nil.
144066
17
Suit 1680/2015 (S.B.) Sindh High Court, Karachi
2015
Shahzad Nabi. (Plaintiff) VS Naseer Turabi & Others. (Defendant)
S.B.
18-OCT-19
No
Nil.
153978
18
Suit 1152/2004 (S.B.) Sindh High Court, Karachi
2004
INAYAT MASIH & ORS. (Plaintiff) VS WAQAR AHMED & ORS. (Defendant)
S.B.
27-SEP-21
Yes
155987
19
Const. P. 4882/2020 (D.B.) Sindh High Court, Karachi
2020
Muhammad Khalid Ali Khan (Petitioner) VS Court of Minister of Cooperation & Ors (Respondent)
D.B.
09-DEC-21
Yes
170495
20
Suit 614/2003 (S.B.) Sindh High Court, Karachi
2003
ZAFAR AHMED. (Plaintiff) VS ASSOCIATES PRESS OF PAK & ORS. (Defendant)
S.B.
22-AUG-22
Yes
176768
21
Const. P. 509/2020 (D.B.) Sindh High Court, Bench at Sukkur
2020
Shoaib Ahmed Shaikh (Petitioner) VS Chairman NAB & Others (Respondent)
D.B.
09-MAR-21
Yes
206317
22
II.A. 8/2020 (S.B.) Sindh High Court, Circuit at Hyderabad; attached cases: CP.No.S-167 of 2021 & CP.No.S9826 of 2022
2020
Muhammad Yaseen (Appellant) VS Muhammad Aslam (Respondent)
S.B.
27-NOV-23
Yes
208275
23
I. A 36/1986 (S.B.) Sindh High Court, Circuit at Hyderabad
1986
L.A.O Nawabshah & others (Appellant) VS Haji Ghulam Nabi thr: L.Rs (Respondent)
S.B.
18-DEC-23
Yes
102319
24
2016 CLD 2106
Suit 268/1980 (S.B.) Sindh High Court, Karachi
1980
Trading Corporation of Pakistan (Pvt) Ltd (Appellant) VS V/S Muhammad ASLAM SIDDIQUI & ORS (Respondent)
S.B.
29-JAN-16
No
It is proved that Defendant No.3 was the sole beneficiary of embezzled amount, which landed in her bank account. Therefore, the stance of Defendant No.3 has been rejected that the amount was embezzled by her husband (Defendant No.1) who has since disappeared and the said Defendant No.3 is not a beneficiary. In the circumstances, Article 129 of the Qanun-e-Shahadat Order, 1984 squarely applies to the facts of the present case.
Defendant Bank has been also held liable to compensate the Plaintiff for the losses it suffered, as admittedly relationship between Defendant No.2-Bank and Plaintiff is of a fiduciary nature and thus former (Defendant No.2) owed a duty of care to the latter (Plaintiff) that its bank account had to be maintained in a professional and diligent manner. Nature of duty of Defendant No.2 implies exercise of due diligence and by making payment of such a substantial amount on the basis of a Request Letter containing some alternations and that too in the name of Defendant No.3 (the beneficiary of said amount) with which the Plaintiff-the customer of Defendant No.2 had no business relationship, latter (said Defendant No.2) had acted negligently.
152449
25
Suit 390/2001 (S.B.) Sindh High Court, Karachi
2001
CAPT. TARIQ MEHMOOD MALIK. (Appellant) VS P.A.L.P.A. (Appellant)
S.B.
02-AUG-21
Yes
102318
26
2016 PLD Pesh. 367
Suit 1030/1991 (S.B.) Sindh High Court, Karachi
1991
Party-1 (Plaintiff) VS Party-2 (Defendant)
S.B.
07-MAR-16
No
Nil.
102320
27
2016 CLC 1326
Suit 67/1988 (S.B.) Sindh High Court, Karachi
1988
Party-1 (Plaintiff) VS Party-2 (Defendant)
S.B.
22-FEB-16
No
Nil.
102308
28
2016 CLC 878, 2017 CLC 1387
Suit 176/1985 (S.B.) Sindh High Court, Karachi
1985
Trading Corporation of Pakistan Ltd (Plaintiff) VS Haji Khuda Bux Amir Umer ltd (Defendant)
S.B.
21-JAN-16
No
??? Any shortcoming in compliance of Order 29 Rule 1 is curable, for instance, if a formal Board Resolution is not there, then the Articles of Association and / or internal record [un-rebutted one] like Note Sheets, can be taken into account to determine about the authority of a person instituting a legal proceeding / suit. Articles of Association empower the Board of Directors to institute and defend legal proceedings; Articles 106 and 113, deal with quorum and at least two Directors can pass an effective and valid Board resolution. Since Noting sheet produced in the evidence confirms that Directors of the Plaintiff Corporation had discussed the issue and authorized the filing of instant suit, which was subsequently filed by the person authorized in the above document, the conclusion is that the suit was properly and competently filed. Noting sheet can be taken as Board Resolution by Circulation.
??? If the very suit has been unauthorizedly and incompetently filed, that is, neither any authorization from the Board of Directors exists, nor the Articles of Association provide such authority, then such a defect remains incurable, even by a subsequent ratification.
106275
29
Suit 826/1987 (S.B.) Sindh High Court, Karachi
1987
M/S. MUSTAFA SONS PVT. LTD. (Plaintiff) VS PORT QASIM AUTHORITY. (Defendant)
S.B.
15-AUG-16
No
There is a distinction between a routine board resolution that authorizes a person / Officer of a Company to do certain acts, including instituting a legal proceeding and a non-routine resolution as contemplated under Section 164 of the Companies Ordinance, 1984 (the Ordinance 1984). Similarly, a special resolution passed under Section 172 of the Companies Ordinance 1984, which has been defined in Section 2 sub-section (36) of the Ordinance 1984, is also of distinct nature and different import. For a routine and a procedural resolution as mentioned hereinabove, there is no requirement that the same should be filed with the SECP (Securities and Exchange Commission of Pakistan).
If a board resolution is passed without giving prior notice to the Directors of the Board then the meeting convened and the resolution passed there at, both are held to be invalid and not in accordance with the Ordinance 1984. Even otherwise, if a Board Meeting is allowed to be held without prior notice to other directors, then it would lead to a chaotic situation and it will be against the basic principle of good corporate governance, which cannot be permitted.
A suit instituted on behalf of a Plaintiff-Company without a valid authorization simply means that the plaint is not existing for all intents and purposes.
118370
30
Const. P. 714/2016 (D.B.) Sindh High Court, Karachi
2016
Javed (Petitioner) VS Province of Sindh and others (Respondent)
D.B.
21-SEP-17
No
Nil.
112681
31
Suit 2702/2016 (S.B.) Sindh High Court, Karachi
2016
Muhammad Ibrahim (Plaintiff) VS Province of Sindh and others (Defendant)
S.B.
08-FEB-17
No
Nil.
137304
32
Suit 1763/2014 (S.B.) Sindh High Court, Karachi
2014
Mrs. Farha Zafar. (Plaintiff) VS Major (R) Wasim Pasha Tajammal & Others. (Defendant)
S.B.
15-JAN-19
Yes
Nil.
115648
33
Suit 1663/2009 (S.B.) Sindh High Court, Karachi
2009
Clariant Pakistan Limited (Plaintiff) VS Deputy Commssioner Inland Revenue Service (AEC) and others (Defendant)
S.B.
19-JUN-17
Yes
Nil.
127649
34
Suit 1526/2008 (S.B.) Sindh High Court, Karachi
2008
Creek Marina Private Limited (Plaintiff) VS Guangdong Overseas Construction Group Company Limited and another (Defendant)
S.B.
08-JUN-18
No
Nil.
137203
35
2019 PLD Sindh 697
Const. P. 1913/2017 (D.B.) Sindh High Court, Bench at Sukkur
2017
Gulzar Ahmed (Petitioner) VS Province of Sindh and others (Respondent)
D.B.
31-MAY-18
Yes
Nil.
137294
36
Suit 209/2010 (S.B.) Sindh High Court, Karachi
2010
MOHSIN ALI (Plaintiff) VS SAFDAR HUSSAIN BIRLAS (Defendant)
S.B.
29-MAR-19
Yes
Nil.
112633
37
Civil Revision 244/2010 (S.B.) Sindh High Court, Circuit at Hyderabad
2010
WAPDA,Thr:Superintendin Eng,LBOD(WAPDA) (Applicant) VS Land Acquistion Officer LBOD Project (WAPDA)&Ors (Respondent)
S.B.
15-DEC-16
No
Nil.
138871
38
Const. P. 2105/2016 (D.B.) Sindh High Court, Bench at Sukkur
2016
Mst. Bhalan (Petitioner) VS Province of Sindh and others (Respondent)
D.B.
11-MAY-16
Yes
Nil.
138874
39
Execution First Appeal 25/2015 (S.B.) Sindh High Court, Karachi
Const. P. 4843/2013 (D.B.) Sindh High Court, Karachi
2013
Maj. Rtd. Tariq Lodhi (Petitioner) VS Mst. Khalida Jilajni and others (Respondent)
D.B.
21-AUG-17
Yes
Nil.
114898
41
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.
138572
42
Suit 1713/2012 (S.B.) Sindh High Court, Karachi
2012
Sharif Ahmed Qureshi (Plaintiff) VS Wing Cdr.(R) Mazhar Mirza and others (Defendant)
S.B.
03-MAY-19
Yes
Nil.
130877
43
Election Appeal 5/2017 (S.B.) Sindh High Court, Bench at Sukkur
2017
Wajid Hussain (Appellant) VS Election Commission of Pakistan and others (Respondent)
S.B.
03-AUG-18
No
Nil.
133431
44
Const. P. 893/2015 (D.B.) Sindh High Court, Bench at Sukkur
2015
Ghulam Murtaza and 26 others (Petitioner) VS Province of Sindh and others (Respondent)
D.B.
11-JUL-18
No
Nil.
139312
45
Suit 862/2011 (S.B.) Sindh High Court, Karachi
2011
PERVAIZ HUSSAIN & ANOTHER (Plaintiff) VS MIAN KHURRAM RASOOL (Defendant)
S.B.
19-JUL-19
Yes
The Defendant issues / has issued the cheques in favour of Plaintiffs, but the same upon presentation could not be encashed because of closure of account, then this conduct on the part of Defendant is a mala fide one and is done with a dishonest intention to defraud the Plaintiffs. Hence, suit is decreed.
140145
46
Suit 1396/2010 (S.B.) Sindh High Court, Karachi
2010
AURANGZAIB QURESHI & OTHERS (Plaintiff) VS THE CHAIRMAN P.I.A & OTHERS (Defendant)
S.B.
08-MAR-19
Yes
Nil.
140564
47
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.
140824
48
Suit 754/2002 (S.B.) Sindh High Court, Karachi
2002
Abrarul Hassan. (Plaintiff) VS Qazi Muhammad Shakil (Defendant)
S.B.
24-SEP-19
No
146066
49
Const. P. 3088/2018 (D.B.) Sindh High Court, Circuit at Hyderabad
2018
Mukhatiar Ali (Petitioner) VS Shahdad Ali and others (Respondent)
D.B.
29-APR-20
Yes
Nil.
148664
50
Suit 168/2012 (S.B.) Sindh High Court, Karachi
2012
SYED HAMID HUSSAIN RIZVI (Plaintiff) VS MUHAMMAD ASIF SAEED (Defendant)
S.B.
04-NOV-20
Yes
147823
51
H.C.A 249/2018 (D.B.) Sindh High Court, Karachi
2018
Pakistan State Oil Co. Ltd. (Appellant) VS Pakistan National Shipping Corporation (Respondent)
D.B.
18-NOV-20
Yes
145282
52
2020 YLR 2188
Const. P. 620/2014 (D.B.) Sindh High Court, Circuit at Hyderabad
2014
The Fauji Foundation Charitable Trust (Petitioner) VS Federal Land Commission & others (Respondent)
D.B.
09-APR-20
Yes
153746
53
Const. P. 8061/2017 (D.B.) Sindh High Court, Karachi
2017
Ms. Rahila Anjum Ansari (Petitioner) VS FOP & Ors (Respondent)
D.B.
23-SEP-21
No
153397
54
Const. P. 1317/2014 (D.B.) Sindh High Court, Karachi
2014
Farida Azam Ali (Petitioner) VS Province of Sindh and Ors (Respondent)
D.B.
17-SEP-21
Yes
152891
55
First Appeal Against Order 6/2015 (D.B.) Sindh High Court, Bench at Sukkur
2015
Yameen Ali (Appellant) VS National Bank of Pakistan (Respondent)
D.B.
07-DEC-17
Yes
152968
56
I. A 9/2011 (D.B.) Sindh High Court, Bench at Sukkur
2011
Nand Lal and another (Appellant) VS M/S Askari Bank Ltd.and others (Respondent)
D.B.
15-MAR-18
Yes
156289
57
Suit 2364/2015 (S.B.) Sindh High Court, Karachi
2015
M/s. Wadood Engineering Services (Pvt) Ltd. (Plaintiff) VS The Federation of Pakistan & Others. (Defendant)
S.B.
22-NOV-21
Yes
156288
58
Const. P. 3902/2014 (D.B.) Sindh High Court, Karachi
2014
Mst. Rukhsana Bano and Ors (Petitioner) VS KMC and Ors (Respondent)
D.B.
10-DEC-21
Yes
160570
59
Const. P. 370/2014 (D.B.) Sindh High Court, Circuit at Hyderabad
2014
Mst Bibi Naz Bibi (Petitioner) VS Province Of Sindh and Others (Respondent)
D.B.
18-JAN-20
Yes
176358
60
Suit 379/2005 (S.B.) Sindh High Court, Karachi
2005
MISS. UZMA AMJAD ALI & ORS. (Plaintiff) VS MRS.SAEEDA BANO & ORS. (Defendant)
S.B.
22-DEC-22
Yes
172219
61
Suit 1202/2005 (S.B.) Sindh High Court, Karachi
2005
MRS.TARANUM SABIH (Plaintiff) VS KBCA & ORS. (Defendant)
S.B.
13-SEP-22
Yes
205220
62
Const. P. 206/2023 (S.B.) Sindh High Court, Circuit at Hyderabad
2023
Wateen Telecom Pvt. Ltd. Hyd (Petitioner) VS Abdul Sattar Khoso & others (Respondent)
S.B.
06-NOV-23
Yes
212529
63
Const. P. 277/2024 (S.B.) Sindh High Court, Karachi
2024
Muhammad Nadeem and Another (Petitioner) VS Sumeira Nadeem Sulemani and Others (Respondent)
S.B.
27-MAR-24
Yes
2788
64
2014 CLC 322
Suit 119/2006 (S.B.) Sindh High Court, Karachi
2006
MRS. SHABEENA FARHAT (Appellant) VS V/S M/S HIGHWAY HOUSING PROJECT & ORS (Respondent)
S.B.
02-SEP-19
Yes
Defendant has neither provided basic amenities in the Housing Scheme nor has produced any document, rules / bye-laws or Agreement between the parties hereto, to substantiate its evidence, that it is not the responsibility of Defendant to provide these basic amenities. the subject Housing Project launched by Defendant was not complete at least till the time of giving evidence till September, 2014; thus, the grievance of Plaintiff is of continuing nature, inter alia, in terms of Section 23 of the Limitation Law. This is a further ground in addition to the above, for determining that the present lis is maintainable. Hence, suit partly decreed.
171625
65
Suit 1008/2007 (S.B.) Sindh High Court, Karachi
2007
WASIM IQBAL (Plaintiff) VS KARWAN E ISLAMI (Respondent)
S.B.
14-NOV-22
Yes
147981
66
Suit 462/2013 (S.B.) Sindh High Court, Karachi
2013
Sajid Ali Qureshi (Plaintiff) VS V/S Saleem Dawood. (Defendant)
S.B.
27-OCT-20
Yes
106762
67
2017 CLC 1783
Suit 378/1987 (S.B.) Sindh High Court, Karachi
1987
Habib Jute Mills Limited (Plaintiff) VS The Islamic Republic of Pakistan and another (Defendant)
S.B.
26-FEB-16
No
Claim under Risk Sale is only tenable when there is an enforceable agreement, that is, a contract as defined in subsection (h) of Section 2 of the Contract Act, 1872, exists between the parties, which is subsequently breached by Defendant.
In order to succeed in his claim, the Plaintiff has to show that what measures it took to mitigate its losses before arranging or manufacturing the requisite goods / gunny bags for Defendants, if at all, the Plaintiff was under an impression or understanding that it had been actually awarded the contract. Any prudent businessman or a corporate entity like Plaintiff would have addressed a notice or any other type of communication to the Defendants about the fact that the Plaintiff was about to make preparation or commence production of subject goods / jute bags for supplying them to Defendants within the given time frame.
In response to Plaintiff bid, the Defendant by its correspondence reduced the price of gunny bags with an explicit condition that the communication is without any commitment. It is also an admitted position that other requisite formalities in such type of tender were never completed. For instance, Plaintiff was never issued a letter of intent nor the latter submitted any performance bond, which fact has been acknowledged by Plaintiff
106497
68
2017 CLC 1783
Suit 378/1987 (S.B.) Sindh High Court, Karachi
1987
Habib Jute Mills Limited (Plaintiff) VS The Islamic Republic of Pakistan and another (Defendant)
S.B.
26-FEB-16
No
Nil.
106760
69
2017 SBLR Sindh 105
Const. P. 4725/2015 (D.B.) Sindh High Court, Karachi
2015
Ubedullah Siddiqi (Petitioner) VS Province of Sindh and Ors (Respondent)
D.B.
30-AUG-16
No
Nil.
106494
70
2017 YLR 1174
Const. P. 3379/2016 (D.B.) Sindh High Court, Karachi
2016
Abdul Latif Shaikh (Petitioner) VS Province of Sindh and Ors (Respondent)
D.B.
13-JUL-16
No
An election for the reserved seat in a Municipal Committee without first filling up the vacant general seat in one of its Wards, will be an exercise in futility, as it will adversely affect the subsequent election of Chairman and Vice Chairman of that Municipal Committee. Consequently, in terms of Rule 47 of the Sindh Local Councils (Election) Rules, 2015, relating to electoral college should be complied with.
Thus propriety also demands that a political party which enjoys a majority in a Municipal Committee should at least be given a fair opportunity to elect a chairman and vice chairman of that Municipal Committee
106735
71
2018 PLC Lab. 36
Const. P. 84/2016 (D.B.) Sindh High Court, Karachi
2016
Mst. Samina Pathan (Petitioner) VS National Database and Registration Authority [NADRA] (Respondent)
D.B.
17-MAY-16
Yes
Dismissal from service in undue haste and in violation of statutory service rules, can be assailed in a writ jurisdiction.
Diamond Weld Rods (Pvt) Limited (Plaintiff) VS Messrs Stal Co GmbH and others (Defendant)
S.B.
29-JAN-18
Yes
Suit for recovery of money and injunction---Freight, payment of---Grievance of plaintiff company against shipping company was that due to local shipping agent, a delay was caused in unloading product from vessel and it resulted in incurring of demurrage and other avoidable expenses/charges---Validity---Document produced by plaintiff as Bill of Lading was though not forged but it did not fulfil requirement of Bill of Lading and same could be considered as such--- Bill of Lading produced by shipping company was genuine as it fulfilled its statutory requirements---Plaintiff was required to pay freight to shipping company as Bill of Lading clearly mentioned that
When a Government functionary or statutory body was vested with discretionary powers then same were to be exercised in a structured manner---Discretion was to be exercised in a fair, just and reasonable manner. Suit of Plaintiff was decreed except the claim of damages.
141283
75
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.
112668
76
Civil Revision 94/1991 (S.B.) Sindh High Court, Circuit at Hyderabad
1991
Ghulam Muhammad (Applicant) VS Karim Bux (Respondent)
S.B.
30-NOV-16
No
Nil.
122209
77
Suit 504/1984 (S.B.) Sindh High Court, Karachi
1984
Tewfiq Fikree and others (Plaintiff) VS Umahani Fikree and others (Defendant)
S.B.
18-JAN-18
No
Nil.
123152
78
Election Appeal 3/2017 (S.B.) Sindh High Court, Karachi
2017
Jam Javed Ahmed Khan Dehar (Appellant) VS Haji Muhammad Akbar and 14 others (Respondent)
S.B.
13-FEB-18
Yes
Nil.
132632
79
Suit 1107/2014 (S.B.) Sindh High Court, Karachi
2014
Work Co-operative Housing Society Ltd. (Plaintiff) VS Province of Sindh & Others. (Defendant)
S.B.
01-SEP-18
Yes
Nil.
132704
80
Election Appeal 39/2016 (S.B.) Sindh High Court, Bench at Sukkur
2016
Mohib Ali (Appellant) VS Returning Officer and others (Respondent)
S.B.
28-OCT-18
Yes
Nil.
133428
81
Const. P. 65/2015 (D.B.) Sindh High Court, Bench at Sukkur
2015
Mst. Razia Khatoon (Petitioner) VS Province of Sindh and others (Respondent)
D.B.
11-JUL-18
No
Nil.
132933
82
2019 SBLR Sindh 395
Suit 534/2008 (S.B.) Sindh High Court, Karachi
2008
M/s Mehran Associates (Plaintiff) VS Federation of Pakistan & others (Defendant)
S.B.
07-MAR-18
No
Nil.
133426
83
Const. P. 3166/2014 (D.B.) Sindh High Court, Bench at Sukkur
2014
Saima Memon (Petitioner) VS Province of Sindh and others (Respondent)
D.B.
11-JUL-18
No
Nil.
133425
84
Const. P. 1949/2014 (D.B.) Sindh High Court, Bench at Sukkur
2014
Abdul Karim (Petitioner) VS Province of sindh and others (Respondent)
D.B.
11-JUL-18
No
Nil.
116992
85
2018 YLR 1053
Suit 327/1966 (S.B.) Sindh High Court, Karachi
1966
Raza Hussain and others (Plaintiff) VS Muhammad Khan and others (Defendant)
S.B.
15-AUG-17
Yes
Suit for specific performance of agreement to sell---Compromise on behalf of defendants---Scope---Transferee of property could not confer upon a transferor a better title than he himself possessed---Defendants had no lawful authority, right or interest at the relevant time in the subject property when they entered into a compromise with the plaintiffs---Neither any appeal was preferred against the partition order nor authenticity or validity of the same was challenged by any of the parties---Possession of suit property was wrongly handed over to the plaintiffs by the Nazir of the Court---Nazir of the Court was directed to take appropriate measures to hand over the possession of suit land to its claimants.
141284
86
2020 MLD 257
Suit 725/2015 (S.B.) Sindh High Court, Karachi
2015
Mazhar Ali. (Plaintiff) VS M/s. Pak Avenue Owners/Occup. Welf. Ass. & Others. (Defendant)
S.B.
08-OCT-19
Yes
Nil.
145051
87
Suit 1696/2000 (S.B.) Sindh High Court, Karachi
2000
BEECHAM PAKISTAN PVT. LTD. (Plaintiff) VS ASSTT. COLLECTOR OF CUSTOMS (Defendant)
S.B.
20-APR-20
Yes
Nil.
146777
88
2021 SBLR Sindh Note 571
H.C.A 428/2018 (D.B.) Sindh High Court, Karachi
2018
Sui Southern Gas Company Ltd. (Appellant) VS M/s. Data Stee Pipe Industries Pvt Ltd. & another (Respondent)
D.B.
30-SEP-20
Yes
Nil.
143030
89
Suit 432/2015 (S.B.) Sindh High Court, Karachi
2015
Muhammad Arif. (Plaintiff) VS Mrs. Uzma Jawaid & Others. (Defendant)
S.B.
30-DEC-19
Yes
Nil.
145281
90
2020 YLR 2597
Const. P. 2180/2017 (D.B.) Sindh High Court, Circuit at Hyderabad
2017
Masood Ahmed Wassan & others (Petitioner) VS Province of Sindh & others (Respondent)
D.B.
29-APR-20
Yes
146660
91
2021 PLD Sindh Note 76
H.C.A 24/2018 (D.B.) Sindh High Court, Karachi
2018
Pakistan State Oil Company Ltd. (Appellant) VS M/s. Jawed Pervaiz Enterprises (Respondent)
D.B.
30-SEP-20
Yes
Nil.
153747
92
Const. P. 5660/2019 (D.B.) Sindh High Court, Karachi
2019
Mann-O-Salva Pakistan Pvt Ltd (Petitioner) VS Chief Sect: Sindh and Ors (Respondent)
D.B.
21-SEP-21
No
154614
93
Const. P. 300/2015 (D.B.) Sindh High Court, Karachi
2015
Mian Trust (Petitioner) VS Lyari Expressway And ors (Respondent)
D.B.
18-OCT-21
Yes
152967
94
I. A 7/2014 (D.B.) Sindh High Court, Bench at Sukkur
2014
Chaudhry Abdul Jabbar (Appellant) VS Presiding Officer, Banking Court-II, Sukkur & others (Respondent)
D.B.
13-DEC-17
Yes
149948
95
M.A. 8/2016 (D.B.) Sindh High Court, Karachi
2016
M/s. EFU General Insurance Ltd. (Appellant) VS Jahangir Moghul (Respondent)
M/s State Life Insurance Corporation of Pakistan (Applicant) VS Commissioner of Income Tax (Respondent)
D.B.
24-NOV-20
Yes
156740
97
Const. P. 1535/2019 (D.B.) Sindh High Court, Karachi
2019
Khaliq-ur-Rehman & Ors (Petitioner) VS Province of Sindh & Others (Respondent)
D.B.
13-JAN-22
Yes
169871
98
Suit 66/2009 (S.B.) Sindh High Court, Karachi
2009
MOIN US SAMAD KHAN (Plaintiff) VS MRS.TANVEER QAZI (Defendant)
S.B.
22-AUG-22
Yes
190351
99
Const. P. 3152/2018 (D.B.) Sindh High Court, Circuit at Hyderabad
2018
Nasiruddin Abbasi (Petitioner) VS Federation of Pakistan & others (Respondent)
D.B.
04-MAR-20
No
210114
100
Const. P. 87/2021 (S.B.) Sindh High Court, Karachi
2021
National Refinery Ltd (Petitioner) VS Shakir Mehmood Siddiqui and others (Respondent)
S.B.
01-FEB-24
No
142921
101
Suit 972/2005 (S.B.) Sindh High Court, Karachi
2005
DR. HASAN FATIMA JAFERY & ORS (Appellant) VS ROYAL SAUDI CONSULATE KARACHI & ANOTHER (Respondent)
S.B.
18-DEC-19
Yes
With the passage of time, the principle governing immunity has undergone a change. National Courts in different jurisdictions, specially where there exists constitutional dispensation, have generally narrowed down the scope of immunity, whether constitutional, diplomatic or any other type of immunity. One of the reasons for adopting such view, while interpreting the law or clauses relating to immunity is that the concept of immunity is to be balanced with the accountability and those rights guaranteed as fundamental and human rights.
106076
102
Suit 287/1990 (S.B.) Sindh High Court, Karachi
1990
Party-1 (Plaintiff) VS Party-2 (Defendant)
S.B.
28-MAR-16
No
Nil.
103303
103
Const. P. 2293/2014 (S.B.) Sindh High Court, Karachi
2014
Party-1 (Petitioner) VS Party-2 (Respondent)
S.B.
26-NOV-15
No
The Petitioner being the landlady has complained that the Lessee/tenant PSO [Respondent] in violation of Building & Town Planning Regulations, 2002, particularly 25-12.3, has set up a CNG facility at the existing petrol / service station. Since area of the plot was admittedly more than 1000 square yards, hence the applicable regulation is 25-11.12, where under a CNG facility can be added at an existing petrol station / retail outlet, subject to fulfillment of other requisite formalities, which were complied with.
When an Oil Marketing Company appoints a Franchise in respect of a retail outlet / service station, the status of the said Franchise is that of a dealer, that is, a licensee, as envisaged in the Storage, Distribution and Marketing of Petroleum Rules, 1971. Franchisee is a term in vogue in the international Oil and Gas Industry.
Different agreements entered into between an Oil Marketing Company as a lessee / tenant of a property, with its Franchisee or other person(s), in particular, for NFR [non-fuel retail] business, is subservient to the main lease agreement being a registered document, entered into between an Oil Marketing Company and owner / lessor of a property. Therefore, for such agreements a written no objection is not necessarily required from landlord / lessor, but only from the concerned government functionary.
106487
104
2016 YLR 1436
Execution 25/2012 (S.B.) Sindh High Court, Karachi
2012
Askari Bank Ltd. (Decree Holder) VS A.H. International (Pvt) Ltd. & OTHERS (Judgment Debtor)
S.B.
15-JAN-16
No
From facts of the case, when it is obvious that subject property though was transferred in favour of a creditor Bank through a registered deed of conveyance, on the basis of which said Bank filed Objection and resisted Execution proceeding, which is the outcome of a compromise decree between another Bank and the judgment debtor. Admittedly, the above transfer of property took place after passing of the above Decree in favour of another Bank [Decree Holder] that too on the basis of a settlement agreement in which the property in question was also part of subject matter. It is held, that the impugned transfer of property was made in clear violation of Section 23 of the Financial Institutions (Recovery of Finances) Ordinance, 2001, therefore, the transfer/conveyance of property in favour of the creditor bank is void and it is not necessary that the registered conveyance deed should first be adjudged as cancelled in terms of Section 39 of the Specific Relief Act, 1877, but, in the Execution proceeding of the nature this determination can be made.
Financial Institutions have to streamline their working and banking transactions should have transparency as they [Financial Institutions] have a fiduciary relationship with their customers.
103219
105
Suit 750/1989 (S.B.) Sindh High Court, Karachi
1989
Party-1 (Plaintiff) VS Party-2 (Defendant)
S.B.
01-APR-16
No
Nil.
106152
106
2017 PLC CS 80
Const. P. 2105/2016 (D.B.) Sindh High Court, Karachi
2016
Mst. Bhalan (Petitioner) VS The Province of Sindh & others (Respondent)
D.B.
11-MAY-16
No
The petition is completely silent about the fact that what steps the petitioner took to get her official service record corrected, while she was in service. This apparent contradiction about date of birth is a pure question of factual controversy and cannot be resolved in a writ jurisdiction under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973.
Even otherwise, issue at hand does not fall within the ambit of writ jurisdiction as it is barred under Article 212 of the Constitution of Islamic Republic of Pakistan, 1973, as, inter alia, the subject dispute is about an order of retirement from service passed by the departmental authority, as envisaged in Section 2(a) of the Sindh Service Tribunal Act, 1973, and can be otherwise assailed before Service Tribunal in accordance with law.
121453
107
Suit 1482/1998 (S.B.) Sindh High Court, Karachi
1998
Abdul Wahid (Plaintiff) VS Deedar Ali Issran (Defendant)
S.B.
29-DEC-17
Yes
Nil.
115511
108
Const. P. 997/2016 (S.B.) Sindh High Court, Circuit at Hyderabad
2016
Party-1 (Petitioner) VS Party-2 (Respondent)
S.B.
28-OCT-16
No
Nil.
120053
109
2018 YLR 1557
H.C.A 48/2013 (D.B.) Sindh High Court, Karachi
2013
Haroon Zia Malik (Appellant) VS Mst. Fariha Razzak (Respondent)
A. QUBUBUDDIN KHAN (Plaintiff) VS CHEC MILLWALA DREDGING CO. (Defendant)
S.B.
24-APR-19
Yes
Nil.
138182
112
Const. P. 1007/2018 (D.B.) Sindh High Court, Bench at Sukkur
2018
Muhammad Mehboob (Petitioner) VS P.O Sindh & ors (Respondent)
D.B.
28-MAY-18
Yes
Nil.
115028
113
Suit 101/1984 (S.B.) Sindh High Court, Karachi
1984
Karachi Properties Investment Company (Private) Limited (Plaintiff) VS Karachi Properties Investment Company (1974) (Private) Limited and others (Defendant)
S.B.
12-JUN-17
No
Nil.
140566
114
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.
137306
115
Suit 357/2007 (S.B.) Sindh High Court, Karachi
2007
Muhammad Junaid Makhdumi. (Plaintiff) VS Muhammad Iqbal & Others (Defendant)
S.B.
19-FEB-19
Yes
Nil.
137310
116
Suit 1037/2005 (S.B.) Sindh High Court, Karachi
2005
M/S SIDDIQUI FUND TRUST (Plaintiff) VS NATIONAL HIGHWAY AUTHORITY & ORS (Defendant)
S.B.
07-FEB-19
No
Nil.
112656
117
Civil Revision 246/2010 (S.B.) Sindh High Court, Circuit at Hyderabad
2010
Party-1 (Applicant) VS Party-2 (Respondent)
S.B.
23-DEC-16
No
Nil.
124173
118
Suit 1689/2008 (S.B.) Sindh High Court, Karachi
2008
Mst. Saira Khatoon (Appellant) VS Syed Muhammad Ashraf and others (Respondent)
S.B.
27-FEB-18
Yes
Nil.
122432
119
Suit 1546/2007 (S.B.) Sindh High Court, Karachi
2007
Trustees of the Port of Karachi (Plaintiff) VS Syed Fazal Mahmood Shah (Defendant)
S.B.
25-JAN-18
Yes
Nil.
140142
120
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.
135933
121
Suit 2501/2016 (S.B.) Sindh High Court, Karachi
2016
Muhammad Umer Sharif & Others. (Plaintiff) VS Saeed Bakhsh (Pvt) Limited. (Defendant)
S.B.
02-JAN-19
No
Nil.
114946
122
2017 CLD 508
I. A 1/2016 (S.B.) Sindh High Court, Circuit at Hyderabad
2016
Sikandar Ali (Appellant) VS Ali Akber (Respondent)
S.B.
18-NOV-16
No
Nil.
114966
123
I. A 50/2010 (S.B.) Sindh High Court, Circuit at Hyderabad
2010
Muhammad Ilyas (Appellant) VS Haji Farooque (Respondent)
S.B.
15-DEC-16
No
Nil.
116012
124
2018 CLC Note 24
Suit 611/2016 (S.B.) Sindh High Court, Karachi
2016
Abu Bakar Bin Abdul Qadir and another (Plaintiff) VS Laeeq Ahmed and others (Defendant)
S.B.
07-JUL-17
Yes
Defendant sought rejection of plaint on the ground that plaintiff had concealed material facts---Validity---Object and principle of O. VII, R. 11, C.P.C. was that a frivolous litigation should be laid to rest at the earliest and bona fide parties should be saved from rigors of such a litigation---Subject matter of litigation in question, i.e. the house property was not in dispute and sale consideration was admitted---Communication of offer and acceptance by parties to each other with regard to subject matter and total sale consideration was acknowledged by both the parties---All ingredients of a valid agreement enforceable as a contract existed---Defendants failed to make a case for grant of application under O. VII, R. 11, C.P.C.---Application was dismissed in circumstances.
125917
125
Const. P. 109/2011 (D.B.) Sindh High Court, Bench at Sukkur
2011
Hibibullah Dahar (Applicant) VS P.O Sindh & Others (Respondent)
D.B.
17-APR-18
No
Nil.
130826
126
Election Appeal 29/2016 (S.B.) Sindh High Court, Bench at Sukkur
2016
Abdul Hakeem (Appellant) VS Federation of Pakistan and others (Respondent)
S.B.
03-AUG-18
No
Nil.
133424
127
Const. P. 1948/2014 (D.B.) Sindh High Court, Bench at Sukkur
2014
Khursheed Begum (Petitioner) VS Province of Sindh and others (Respondent)
D.B.
11-JUL-18
No
Nil.
140144
128
Suit 1315/2006 (S.B.) Sindh High Court, Karachi
2006
MUHAMMAD IQBAL (Plaintiff) VS FEDERATION OF PAKISTAN & ORS (Defendant)
S.B.
23-AUG-19
Yes
Nil.
140233
129
Suit 1472/1998 (S.B.) Sindh High Court, Karachi
1998
Abdul Qadir (Plaintiff) VS Mr.Ameer Zadi& Ors (Defendant)
S.B.
16-SEP-19
Yes
Nil.
145030
130
Suit 1847/2016 (S.B.) Sindh High Court, Karachi
2016
M/s. EFU General Insurance Ltd (Plaintiff) VS M/s. Emirates Airline / Emirates Sky Cargo & other (Defendant)
S.B.
06-MAY-20
Yes
Term an act of war or armed conflict as mentioned in Rule 18(2)(c) of the Fourth Schedule of Carriage by Air Act, 2012, also means non-international armed conflict (NIAC). Armed attack at Jinnah International Airport on 08.06.2014 falls within non-international armed conflict (NIAC) or at least it may be categorised as a hybrid phenomena; where repeated acts of terrorism in furtherance of defined objectives translated into a non-international armed conflict.
145283
131
2021 PCr.LJ 1270
Const. P. 2147/2019 (D.B.) Sindh High Court, Circuit at Hyderabad
2019
Abdul Ghafar S/o Noor Muhammad (Petitioner) VS Federation of Pakistan & others (Respondent)
D.B.
17-MAR-20
Yes
Every disease, if not attended properly, would cause negative and hazardous effect to life but it doesn???t mean that its medical remedy is bail from the recovery of such diseases. His treatment in a best available hospital under a care of best team of doctors could serve the best option. These stresses and pressures discussed could only be ruled out if a patient remains away from all these stresses and strains and the best possible place for the prescribed health issues is a Hospital where a patient could be treated free from all such stress possibilities.
148663
132
Suit 1738/2008 (S.B.) Sindh High Court, Karachi
2008
SYED HUSSAIN ALI (Plaintiff) VS SYED AKHTAR ALI & ORS (Defendant)
S.B.
24-DEC-20
Yes
144204
133
Suit 394/1997 (S.B.) Sindh High Court, Karachi
1997
MUHAMMAD KHAN (Plaintiff) VS PAK. STEEL MILLS CORP. LTD. & ORS. (Defendant)
S.B.
02-MAR-20
Yes
Non-production of Departmental Inquiry Report in the evidence by Defendants has raised adverse presumption against them, as envisaged in Article 129(g) of Qanun-e-Shahadat Order, 1984. Loss of consortium; that is, deprivation of the benefits of a family relationship due to injuries or death caused by a tortfeasor. Well known rules about "foreseeability",causation and but for explained; if any reasonable person by applying his ordinary prudence can foresee a loss that can arise from his act(s), then he owes a duty of care to others [claimant] and is liable for the negligent act that has caused damaged to the other person (claimant). Similarly, causation is the linkage between the negligent act [breach of duty of Care] that has resulted in causing injury and the "but for" test if simply put, means, that the injury would not have occurred without the defendant's negligence. Legislative amendments are proposed.
147980
134
Suit 1316/2000 (S.B.) Sindh High Court, Karachi
2000
DR. ABDUL RASHID PARACHA (Plaintiff) VS THE DEF. HOUSING AUTHORITY (Defendant)
S.B.
20-JAN-20
Yes
154408
135
Const. P. 8963/2018 (D.B.) Sindh High Court, Karachi
2018
Faisal Mubeen Jumani and Ors (Petitioner) VS Province of Sindh & Others (Respondent)
D.B.
10-OCT-21
No
152448
136
Suit 133/1998 (S.B.) Sindh High Court, Karachi
1998
MRS. PARVEEN MEHMOOD. (Plaintiff) VS THAI AIRWAYS INTERNATIONAL PUBLIC CO. LT (Defendant)
S.B.
02-AUG-21
Yes
151947
137
Suit 1778/2014 (S.B.) Sindh High Court, Karachi
2014
Muhammad Iqbal. (Plaintiff) VS Zafar Hussain & Others. (Defendant)
S.B.
24-JUN-21
Yes
155423
138
Const. P. 5539/2017 (D.B.) Sindh High Court, Karachi
2017
Mst Aysha Begum (Petitioner) VS Province of Sindh & Ors (Respondent)
D.B.
17-NOV-21
Yes
210682
139
Const. P. 5604/2018 (D.B.) Sindh High Court, Karachi
2018
West Wharf Warehouse Co. (Pvt) Ltd (Petitioner) VS Fed. of Pakistan and Others (Respondent)
D.B.
09-OCT-21
No
166686
140
Suit 28/2016 (S.B.) Sindh High Court, Karachi
2016
Isphanyar M. Bhandara.. (Plaintiff) VS Mst. Goshi M. Bhandara & Others. (Defendant)
S.B.
31-MAR-22
Yes
172221
141
Suit 424/2022 (S.B.) Sindh High Court, Karachi
2022
MADNI AHMED ALI ARFAT SIDDIQUI (Plaintiff) VS SUI SOUTHERN GAS COMPANY LIMITED & ANOTHER (Defendant)
S.B.
03-OCT-22
Yes
205777
142
R.A (Civil Revision) 18/2000 (S.B.) Sindh High Court, Circuit at Hyderabad
2000
Muhammad Bachal (Applicant) VS Banhoon & Others (Respondent)
S.B.
16-NOV-23
Yes
212527
143
Const. P. 1168/2019 (S.B.) Sindh High Court, Karachi
2019
Syed Iftikhar Haider Rizvi S/o Syed Mumtaz Hussain (Petitioner) VS VIth ADJ, Karachi Central and others (Respondent)
S.B.
20-MAR-24
Yes
205326
144
II.A. 29/2022 (S.B.) Sindh High Court, Circuit at Hyderabad; attached cases: Cr.Misc.A.S.394/2023
2022
Mian Bux. (Appellant) VS Province of Sindh & others. (Respondent)
S.B.
13-NOV-23
Yes
138872
145
2017 YLR 1551
Suit 13/1972 (S.B.) Sindh High Court, Karachi
1972
PREMIER INSURANCE CO. V/S KARACHI SHIPYARD & ENGINEERING (Plaintiff) VS M/S. FAROOQI & CO., Surridge & Beecheano, ARFIN & CO., Abdul Rauf, Samiuddin Sami, H. A. Rahmani (Defendant)
S.B.
02-MAY-16
No
Marine Insurance Policy is assignable and consequently an Insurance Company after being subrogated, can sue the tortfeasor in its own name, in terms of Sections 130A read with 135A, of the Transfer of Property Act, 1882.
Foreseeability Causation and but for is that if any reasonable person by applying his ordinary prudence can foresee a loss that can arise from his act(s) then he owes a duty of care to others [claimant] and is liable for the negligent act that has caused damaged to the other person (claimant). Similarly, causation is the linkage between the negligent act [breach of duty of care] that has resulted in causing injury and the but for test if simply put means, that the injury would not have occurred without the defendant is negligence.
Subject Marine Insurance Policy being a 'time policy' had covered the risk, while the Vessel in question was dry-docked and subsequently damaged.
103220
146
2016 CLC 1326, 2016 SBLR Sindh 967
Suit 796/1987 (S.B.) Sindh High Court, Karachi
1987
Party-1 (Plaintiff) VS Party-2 (Defendant)
S.B.
18-MAR-16
No
No party is allowed to set up a new case in evidence, which is beyond his pleadings.
Defendant was appointed as handling agent of Plaintiff in respect of one of latter's go-downs, inter alia, with an express obligation to submit periodical Reserve Stock Account (RSA), which Defendant failed to submit. Defendant being bailee in terms of Section 161 of Contract Act, 1872, was responsible for delivery of goods as well as keeping a proper account for the same. Defendant held liable for the reported short fall in the rice stock and bardanas (wheat / gunny bags).
Concept of the Best Evidence Rule' vis-??-vis Article 129, Illustration (g) of the Qanun-e-Shahadat Order, 1984 has also been discussed; that if a party relying upon a best piece of evidence but withholds it while leading evidence, then it will be presumed that under some sinister motive the best piece of evidence was not produced.
106161
147
2017 MLD 200
Const. P. 424/2016 (D.B.) Sindh High Court, Karachi
2016
Muhammad Kamran Khan V/S Full Bench of NIRC and Ors (Petitioner) VS V/S Full Bench of NIRC and Ors (Respondent)
D.B.
03-JUN-16
No
Nil.
120052
148
2018 YLR 1557
H.C.A 47/2013 (D.B.) Sindh High Court, Karachi
2013
Haroon Zia Malik (Appellant) VS Mst. Fariha Razzak and others (Respondent)
D.B.
21-NOV-17
Yes
Plaintiff was owner of suit property who voluntarily gifted the same to the donee-wife---Trial Court had correctly appraised the evidence while recording his findings---Impugned gift deed was not a forged and fabricated document but same had been signed by the donor---Suit property had been gifted in favour of defendant who was wife of donor at the relevant time---Ingredients of gift were offer, acceptance and delivery of possession which were present in the case---Possession of suit property was already with the donee which till date continued to be with her---If husband had made a gift of anything to his wife or vice-versa then it could not be retracted---Transaction in question was not a financial one but it was gift of which a reciprocal financial obligation was not a consideration---Provisions of Arts. 17 & 79 of Qanun-e-Shahadat, 1984 were not applicable in the matter of gift---Gift did not require a compulsory registration---Donor did not suffer any mental distress at the hand of donee---Impugned judgment did not suffer from any infirmity or illegality---Appeal was dismissed in circumstances.
137995
149
Suit 2322/2014 (S.B.) Sindh High Court, Karachi
2014
Dr. Arifa Farid and others (Plaintiff) VS Mitha Khan and others (Defendant)
S.B.
24-APR-19
Yes
Nil.
138212
150
Suit 620/1994 (S.B.) Sindh High Court, Karachi
1994
ISMAIL MEMORIAL TRUST (Plaintiff) VS KARACH COOP H.S. UNION LTD. & ORS. (Defendant)
S.B.
06-MAY-19
Yes
Nil.
116568
151
Suit 752/1984 (S.B.) Sindh High Court, Karachi
1984
Cherat Cement Company Limited (Plaintiff) VS Ghazanfar Ali & two others (Defendant)
S.B.
28-JUL-17
Yes
Nil.
112738
152
Criminal Appeal 98/2016 (S.B.) Sindh High Court, Circuit at Hyderabad
2016
Urs Zardari (Appellant) VS The State & Ors (Respondent)
S.B.
04-NOV-16
No
Nil.
145174
153
Suit 1569/2000 (S.B.) Sindh High Court, Karachi
2000
Ali Muhammad & another (Plaintiff) VS Faizullah & another (Defendant)
S.B.
21-MAY-20
Yes
Nil.
134032
154
Const. P. 416/2014 (D.B.) Sindh High Court, Circuit at Hyderabad
2014
Muhammad Siddique (Petitioner) VS IIIrd Additional Sessions Judge, Hyderabad & others (Respondent)
D.B.
01-NOV-18
No
Nil.
114896
155
2018 YLR 1319
Suit 1367/2007 (S.B.) Sindh High Court, Karachi
2007
Muhammad Iqbal Dawood and another (Plaintiff) VS Abdul Qayoom Hot and another (Defendant)
S.B.
11-MAY-17
Yes
Suit for possession of immovable property and mesne profits---Defendant was inducted by the plaintiffs as care taker to look after the suit land---Defendant/care taker had committed default in payment of money earned from the cultivation to the plaintiffs---Defendant had kept the plaintiffs out of possession of suit property---Plaintiffs were deprived of use and enjoyment of their land---Suit land was leased out to the plaintiffs and period/term of lease had been consumed by the care taker, mesne profits was to be granted to the plaintiffs in circumstances---Care taker was directed to hand over vacant possession of suit land to the plaintiffs free from all encumbrances and claims---Defendant/care-taker should pay mesne profits and contract money to the plaintiffs---Suit was decreed accordingly.
133432
156
Const. P. 1019/2015 (D.B.) Sindh High Court, Bench at Sukkur
2015
Muhammad Roshan (Petitioner) VS Province of Sindh and others (Respondent)
D.B.
11-JUL-18
No
Nil.
123493
157
Suit 665/2003 (S.B.) Sindh High Court, Karachi
2003
Umar Islam Khan (Plaintiff) VS Abdul Basit and others (Defendant)
S.B.
23-FEB-18
Yes
Nil.
139390
158
Election Appeal 7/2016 (S.B.) Sindh High Court, Circuit at Hyderabad
2016
Muhammad Ameen and another (Appellant) VS Jawaid Ali and 5 others (Respondent)
S.B.
25-MAR-17
Yes
Nil.
145463
159
Suit 1258/2010 (S.B.) Sindh High Court, Karachi
2010
DR. ISHAQUE MUHAMMAD SHAH (Plaintiff) VS NATIONAL BANK OF PAKISTAN (Defendant)
S.B.
06-JUL-20
Yes
Nil.
145052
160
Suit 1954/2010 (S.B.) Sindh High Court, Karachi
2010
RAZAK LATIF & ANOTHER (Plaintiff) VS ACE SECURITIES (PVT) LTD (Defendant)
S.B.
20-APR-20
Yes
Nil.
147872
161
H.C.A 260/2019 (D.B.) Sindh High Court, Karachi
2019
Mrs. Zarina Iqbal (Appellant) VS Haji Jaffar & others (Respondent)
D.B.
16-NOV-20
Yes
146070
162
Civil Revision 169/2015 (S.B.) Sindh High Court, Circuit at Hyderabad
2015
Province of Sindh and others (Applicant) VS Mst. Tasleem Begum and another (Respondent)
S.B.
10-AUG-20
Yes
Nil.
145416
163
I. A 51/2010 (D.B.) Sindh High Court, Circuit at Hyderabad
2010
Province of Sindh and another (Appellant) VS Land Acquisition Officer and others (Respondent)
D.B.
18-JUN-20
Yes
Nil.
152167
164
Suit 215/2015 (S.B.) Sindh High Court, Karachi
2015
Muhammad Rafiq (Plaintiff) VS Habib Bank Limited. (Defendant)
S.B.
14-JUL-21
Yes
150614
165
Election Appeal 13/2021 (S.B.) Sindh High Court, Karachi
2021
Zunaira Rehman W/o Ali Rehman (Appellant) VS The Election Commission of Pakistan and another (Respondent)
S.B.
05-APR-21
Yes
160588
166
Civil Revision 74/2020 (S.B.) Sindh High Court, Bench at Sukkur
2020
Ameer Ahmed Jagirani (Applicant) VS P.O. Sindh & others. (Respondent)
S.B.
14-MAR-22
Yes
166346
167
Const. P. 5895/2017 (D.B.) Sindh High Court, Karachi
2017
Uzma Naz and Ors (Petitioner) VS The D.G Rangers & Ors (Respondent)
D.B.
09-MAY-22
Yes
205324
168
Criminal Miscelleneous 394/2023 (S.B.) Sindh High Court, Circuit at Hyderabad; attached cases: II.A. S.29/2022
2023
Nasreen Qadri (Applicant) VS Mian Bux (Respondent)
S.B.
13-NOV-23
Yes
212777
169
Const. P. 485/2010 (S.B.) Sindh High Court, Karachi
2010
Ch. Ghulam Muhuyuddin (Petitioner) VS Sheikh Abid & Co (Pvt) Ltd (Respondent)
S.B.
03-APR-24
Yes
97455
170
Const. P. 340/2014 (S.B.) Sindh High Court, Circuit at Hyderabad
2014
Kashif Ali (Petitioner) VS Vth A.D.J Hyd & Ors (Respondent)
S.B.
21-AUG-15
No
Nil.
103304
171
2016 SBLR Sindh 162
Const. P. 4404/2014 (D.B.) Sindh High Court, Karachi
2014
Syed Dost Ali (Petitioner) VS Fed. of Pakistan and Ors (Respondent)
D.B.
13-NOV-15
Yes
* In exceptional circumstances the writ jurisdiction under article 199 of the Constitution can be invoked, despite availability of an alternate remedy.----
* Excessive use of unlawful powers is itself unlawful.----
* Under grab of a pending civil suit, in which even no restraining order is operating and which is ex facie being not pursued, a bona fide purchaser of a property cannot be deprived of its use and enjoyment, as this violates the fundamental rights of a citizen relating to proprietary rights and guaranteed under article 23 and 24 of the Constitution. Caution note attached by the respondent-DHA to the property in question merely on the ground that some civil suit is pending as stated above, is not a proper exercise of discretion vested in Respondent-DHA, in the circumstances, as admittedly Respondent-DHA refused to even process the application for approval of the completion plan issuance of completion certificate of the Subject property on the basis of the impugned caution note it has put in its record.
* A Genuine claimant can invoke section 52 of the Transfer of Property Act, by notifying the concerned registrar/ responsible for registration of sale/ conveyance deed (under Registration Act, 1908) about the pendency of litigation in competent Court of Law, inter alia, to protect one
106094
172
2016 CLC 1063
Suit 456/1988 (S.B.) Sindh High Court, Karachi
1988
MUHAMMAD WAJID KHAN. (Plaintiff) VS M/S. ATTOCK CEMENT FAC. PAK. LTD. (Defendant)
S.B.
11-MAR-16
Yes
A remedy available to a person under the Workmen Compensation Act, 1923, cannot operate as an absolute bar for seeking a remedy under an ordinary civil jurisdiction by filing a suit.
Article 22 and 24 of the Limitation Act, 1908, where under an action to seek compensation for an injury should be instituted within one year, is not applicable in the instant case, for the reason that Plaintiff was made to run from pillar to post for redressal of his grievance but without any success. Plaintiff was lastly operated upon on 15.10.1987 and the suit was filed on 17.11.1987, hence the cause of action and so is the grievance is of continuous nature. Well entrenched principle that if a person has a right to claim compensation for a wrong done to him, he should also have a remedy, has been attracted in the instant case.
The Defendants, who are Employer [Client], Contractor and sub-contractors, respectively, were jointly and severally held liable to pay damages for the negligent acts, which caused the Plaintiff serious injury and partial disability of permanent nature. Damages have been awarded by invoking the principle of composite negligence.
Territorial jurisdiction of Sindh High Court was questioned by Defendant, primarily on the ground that Defendant-Company has been shifted from Karachi to Lahore, therefore, a foreign company / Plaintiff cannot enforce an International Arbitral Award by filing a suit in Sindh High Court. The crucial documentary evidence shows that when the suit proceeding was filed for enforcement of the Award under Section 6 of the Recognition and Enforcement (Arbitration Agreements and Foreign Arbitral Awards) Act, 2011, the Defendant had its registered office in Karachi and even Annual Report of the Company also shows that the Management notice for convening the Annual General Meeting was also to be held at Karachi. Consequently, it has been held, that Sindh High Court has jurisdiction in the matter.
140565
174
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).
117306
175
Const. P. 2378/2017 (D.B.) Sindh High Court, Karachi
2017
Shahzad Qamer Abbas (Petitioner) VS Province of Sindh and others (Respondent)
D.B.
29-AUG-17
Yes
Nil.
114608
176
Cr.Appeal 98/2016 (S.B.) Sindh High Court, Circuit at Hyderabad
2016
Urs Zardari (Appellant) VS The State & Ors (Respondent)
S.B.
04-NOV-16
No
Nil.
119866
177
2018 YLR 713
Suit 627/2017 (S.B.) Sindh High Court, Karachi
2017
Mr. Hamood Mehmood (Plaintiff) VS Mst. Shabana Ishaque and others (Defendant)
S.B.
10-NOV-17
No
Suit for specific performance of contract---Ad-interim injunction subject to deposit of balance sale consideration---Object---Non-deposit of balance sale consideration---Effect---Object for giving direction to deposit the balance sale consideration in the Court was to see the bona fides of a purchaser---Injunction in such case was granted so that the corpus of dispute remained intact and ultimately could be transferred to a successful party in litigation---Balance sale consideration was to be invested in some profit bearing scheme enabling the vendor/defendant to get an increased amount as sale consideration---If purchaser/plaintiff was unsuccessful then deposited amount was to be returned back to him with accruals in order to safeguard his interest---Non-deposit of sale consideration would raise adverse presumption against plaintiff that he was not serious in performing his agreed part of contract disentitling him to decree for specific performance---Party seeking remedy of specific performance was to apply to the Court for depositing the balance amount---Any contumacious/ omission in that regard would entail in dismissal of suit or decretal of the same if it was filed by the other side---Plaintiff, in the present case, enjoyed the ad-interim injunctive relief but despite giving ample opportunities and chances to comply with the orders of Court he kept on defying all such directions/orders---One who sought equity must also do equity---Suit was dismissed in circumstances.
114511
178
2018 PTD 668
Suit 1661/2015 (S.B.) Sindh High Court, Karachi
2015
Dewan Steel Mills and others (Plaintiff) VS Federation of Pakistan and another (Defendant)
S.B.
02-JUN-17
Yes
Nil.
137999
179
Suit 1724/2009 (S.B.) Sindh High Court, Karachi
2009
MST.ZAIBUNISA & ORS. (Plaintiff) VS IQBAL AHMED & ORS. (Defendant)
S.B.
28-JAN-19
Yes
Nil.
138015
180
Suit 421/1991 (S.B.) Sindh High Court, Karachi
1991
Rahim Ali Palari & ors. (Plaintiff) VS Govt. of Sindh & ors.. (Defendant)
S.B.
14-MAR-19
Yes
Nil.
137312
181
Suit 1078/2002 (S.B.) Sindh High Court, Karachi
2002
INAMULLAH SHAIKH. (Plaintiff) VS M/S.CITY SECURITIES & OTHER (Defendant)
S.B.
20-FEB-19
No
Nil.
118373
182
Suit 1511/1999 (S.B.) Sindh High Court, Karachi
1999
Pakistan Railwasy Cooperative Housing Society Limited (Plaintiff) VS Mirza Abdul Sattar Baig and others (Defendant)
S.B.
18-SEP-17
No
Nil.
138875
183
Const. P. 4725/2015 (D.B.) Sindh High Court, Bench at Sukkur
2015
Mansoor Ashraf (Petitioner) VS Province of Sindh & others (Respondent)
D.B.
30-AUG-16
Yes
Nil.
114958
184
F.R.A 3/2016 (S.B.) Sindh High Court, Circuit at Hyderabad
2016
Saeed Ali Qureshi (Petitioner) VS Mst. Zubaida Bai & ors (Respondent)
S.B.
30-NOV-16
No
Nil.
137309
185
Suit 786/2011 (S.B.) Sindh High Court, Karachi
2011
MUHAMMAD MANSOOR (Plaintiff) VS MUHAMMAD RASHID (Defendant)
S.B.
20-FEB-19
Yes
Nil.
135717
186
Suit 1682/2009 (S.B.) Sindh High Court, Karachi
2009
MAZHAR SAYEED (Plaintiff) VS ATIF MAZHAR & OTHERS (Defendant)
S.B.
23-JAN-19
Yes
Nil.
128512
187
Suit 886/1999 (S.B.) Sindh High Court, Karachi
1999
Syed Raza Haider Rizvi (Plaintiff) VS Gordon Shipping Company Ltd. and another (Defendant)
S.B.
02-JUL-18
No
Plaintiff was employee of defendants (employers) who were bound to provide him proper medical treatment---Plea raised by plaintiff was that due to failure of defendants to provide medical treatment, he had suffered permanent physical disability due to injury sustained by him during duty---Validity---Defendants neither produced any document about complete recovery of plaintiff nor had questioned authenticity of documents produced by plaintiff---Expert opinion of doctors further substantiated the fact that till March-1999 plaintiff was not fully recovered from injury which inhibited his pursuit of career---Testimony of plaintiff (employee) and undisputed documentary evidence produced by him weighed in favour of plaintiff as against oral evidence of defendant that complete medical treatment was given to plaintiff---To extent of negligence shown by defendants (employers) in providing incomplete medical treatment of plaintiff stood proved---Suit for damages and compensation was decreed accordingly.
124146
188
Suit 1744/2016 (S.B.) Sindh High Court, Karachi
2016
Hanif Ahmed and another (Plaintiff) VS Sindh Building Control Authority and others (Defendant)
S.B.
15-FEB-18
No
Nil.
124138
189
Suit 1755/2008 (S.B.) Sindh High Court, Karachi
2008
Ahmed Saeed and others (Plaintiff) VS Province of Sindh, through the Secretary, Education Department and two others (Defendant)
S.B.
06-MAR-18
Yes
Nil.
124156
190
Suit 1650/2008 (S.B.) Sindh High Court, Karachi
2008
Mrs. Shamima Alam (Plaintiff) VS Syed Abu Obedah and others (Defendant)
S.B.
01-MAR-18
No
Nil.
138471
191
Suit 1767/2014 (S.B.) Sindh High Court, Karachi
2014
Abdul Sattar Shaikh. (Plaintiff) VS Adeel Zahoor Malik & Others. (Defendant)
S.B.
30-MAY-19
Yes
Nil.
133429
192
Const. P. 157/2015 (D.B.) Sindh High Court, Bench at Sukkur
2015
Uroosa Kalwar (Petitioner) VS Province of Sindh and others (Respondent)
D.B.
11-JUL-18
No
Nil.
133430
193
Const. P. 179/2015 (D.B.) Sindh High Court, Bench at Sukkur
2015
Abdul Malik (Petitioner) VS Province of Sindh and others (Respondent)
D.B.
11-JUL-18
No
Nil.
133873
194
Const. P. 2149/2015 (D.B.) Sindh High Court, Bench at Sukkur; attached cases: Const. P D 4729/2015
2015
Abdul Hameed and another (Petitioner) VS Provicne of Sindh and others (Respondent)
D.B.
30-MAY-18
Yes
Nil.
132707
195
Election Appeal 1/2018 (S.B.) Sindh High Court, Bench at Sukkur
2018
Allah Bux Khan (Appellant) VS Mukhtiar Ahmed Sahto (Respondent)
S.B.
05-OCT-18
Yes
Nil.
130823
196
Election Appeal 19/2016 (S.B.) Sindh High Court, Bench at Sukkur
2016
Ghulam Hyder (Appellant) VS Province of Sindh and others (Respondent)
S.B.
03-AUG-18
No
Nil.
139391
197
Suit 727/2012 (S.B.) Sindh High Court, Karachi
2012
IQBAL RASHEED (Plaintiff) VS BABAR MIRZA CHUGTAI & OTHERS (Defendant)
S.B.
19-JAN-17
Yes
Nil.
145056
198
2021 PLD Sindh Note 88
Suit 1498/2015 (S.B.) Sindh High Court, Karachi
2015
Feroze Sajan & others (Plaintiff) VS Farzana Sajan (Defendant)
S.B.
20-APR-20
Yes
Nil.
148079
199
Const. P. 2178/2010 (D.B.) Sindh High Court, Karachi
2010
Muhammad Asif Khan (Petitioner) VS Cantonment Board Faisal (Respondent)
D.B.
08-DEC-20
No
146067
200
Const. P. 598/2014 (D.B.) Sindh High Court, Circuit at Hyderabad
2014
Kamran Mustafa (Petitioner) VS Province of Sindh and others (Respondent)
D.B.
29-APR-20
Yes
Nil.
147827
201
H.C.A 116/2020 (D.B.) Sindh High Court, Karachi
2020
Shahzad Noor Muhammad (Appellant) VS Karachi Gymkhana & Others (Respondent)
D.B.
05-NOV-20
Yes
154138
202
R.A (Civil Revision) 34/2003 (S.B.) Sindh High Court, Bench at Sukkur
2003
Nandomal and others (Applicant) VS The P.O. of Sindh and others (Respondent)
S.B.
01-OCT-21
Yes
153311
203
Const. P. 4028/2020 (D.B.) Sindh High Court, Karachi
2020
Tanvir Jamshed (Petitioner) VS Muhamad Hanif and Others (Respondent)
D.B.
16-SEP-21
No
162146
204
W.T.A 938/2000 (D.B.) Sindh High Court, Karachi; attached cases: WTA 939 of 2000
2000
Commissioner of Income Tax (Appellant) VS M/s Hashwani Services (Pvt) Ltd (Respondent)
D.B.
10-SEP-20
Yes
212927
205
Const. P. 1199/2019 (S.B.) Sindh High Court, Karachi
2019
Mirza Aleem Agha S/o Mirza Ahmed Agha (Petitioner) VS M/s. Modern Motors (Pvt) Ltd and others (Respondent)
S.B.
07-MAR-24
No
175339
206
Cr.Bail 45/2022 (S.B.) Sindh High Court, Circuit at Hyderabad
2022
Muhammad Iqbal Abbasi (Applicant) VS The State (Respondent)
S.B.
15-JUL-22
Yes
189904
207
Suit 434/2019 (S.B.) Sindh High Court, Karachi
2019
Imtiaz Ahmed & another. (Plaintiff) VS Muhammad Hussain (Defendant)
S.B.
07-NOV-22
No
210112
208
Const. P. 86/2021 (S.B.) Sindh High Court, Karachi
2021
National Refinery Ltd Thr. Rana Waqar Haider (Petitioner) VS Muhammad Zakir and others (Respondent)
S.B.
01-FEB-24
No
205646
209
J.M 33/2016 (S.B.) Sindh High Court, Karachi
2016
Mrs. Samar Rais. (Applicant) VS Askari Bank Limited & others (Respondent)
S.B.
13-NOV-23
Yes
148654
210
Suit 286/2003 (S.B.) Sindh High Court, Karachi
2003
SYED WAQAR HAIDER ZAIDI (Plaintiff) VS MST.ALAM ARA (Defendant)
S.B.
21-DEC-20
Yes
103218
211
2016 CLC 1326, 2016 CLD 2106
Suit 749/1989 (S.B.) Sindh High Court, Karachi
1989
Rice Export Corporation of Pakistan (Plaintiff) VS Mohammad Alam (Defendant)
S.B.
01-APR-16
No
In absence of a counter claim, the Defendant being a handling agent of Plaintiff was held liable to render report of the outstanding balance of unaccounted for rice stock lying in go-down, which was in custody of Defendant. Latter status is of bailee of the goods, who is clothe with the same obligations.
Import and applicability of Sections 151 and 161 of the Contract Act [1872] has been discussed vis-??-vis res ipsa loquitur [things speak for themselves]. Defendant has been held liable to compensate Plaintiff for the losses it suffered.
205644
212
Execution 25/2012 (S.B.) Sindh High Court, Karachi
2012
Askari Bank Ltd. (Decree Holder) VS A.H. International (Pvt) Ltd. & OTHERS (Judgment Debtor)
S.B.
13-NOV-23
Yes
103297
213
2016 SBLR Sindh 594
Execution 39/2015 (S.B.) Sindh High Court, Karachi
2015
Party-1 (Decree Holder) VS Party-2 (Judgment Debtor)
S.B.
23-DEC-15
No
Nil.
106147
214
Const. P. 2199/2016 (D.B.) Sindh High Court, Karachi
2016
Party-1 (Petitioner) VS Party-2 (Respondent)
D.B.
03-JUN-16
No
124273
215
Suit 1318/2007 (S.B.) Sindh High Court, Karachi
2007
Mrs. Almas Farooqi and another (Plaintiff) VS Pakistan Battery Manufacturing Co. (Pvt.) Ltd. and others (Defendant)
S.B.
09-MAR-18
No
Nil.
119865
216
Suit 1151/2011 (S.B.) Sindh High Court, Karachi
2011
Mrs. Hailey Vincent D'Abreo (Plaintiff) VS Province of Sindh and another (Defendant)
S.B.
27-OCT-17
No
Rent arrears of School building. S.R.P.O does not apply to the Government buildings. Relief of rent arrears and possession of school building was allowed.
114522
217
Suit 1353/2016 (S.B.) Sindh High Court, Karachi
2016
Iqbal Umer (Plaintiff) VS Karachi Gymkhana and others (Defendant)
Ehtisham Zubair. (Plaintiff) VS Ashraf Hussain & Others. (Defendant)
S.B.
25-JAN-19
No
Nil.
115794
220
Suit 74/1991 (S.B.) Sindh High Court, Karachi
1991
Mohammad Sarwar (Plaintiff) VS Government of Sindh and others (Defendant)
S.B.
23-JUN-17
Yes
Suit for recovery of compensation amount--Deceased died in the custody of police officials---Contention of the police was that deceased died due to cardiac arrest---Validity---None of the police officials entered the witness box to defend the claim against them---Written statement filed by the police officials had lost its evidentiary value as contents whereof were never proved in the evidence---Deceased died while he was in the custody of police officials---Plaintiff was to prove the factum of incident only---Burden would shift on the police officials to disprove the causation if they wanted to succeed in the claim against the plaintiff---Present case did fall within the purview of Fatal Accidents Act, 1855---Prosecution in a criminal case was to prove beyond reasonable doubt the guilt of accused but in civil proceedings the matter had to be decided on the basis of preponderance of probabilities---Acquittal of (private) defendants in the criminal case did not have any adverse bearing on the present lis---Police official were liable to compensate the plaintiff by applying the rule of vicarious liability--- Claim of plaintiff with regard to quantum of damages was also unchallenged---Life expectancy of seventy five years in plaintiff's family had been proved---Deceased might also have lived for another fifty years approximately---Claim of awarding damages of Rs.50,00,000/- was justified---Master/employer in the claims with regard to tortuous liabilities would be liable for the wrongful acts of his employees/servants---Provincial Government and Inspector General of Police were liable to compensate the plaintiff besides other defendants---Defendants (Police officials) were liable to pay the damages/compensation of Rs.50,00,000/- together with 10% markup from the date of institution of suit till realization of the amount to the plaintiff and his wife i.e. parent of the deceased jointly and severally. Suit decreed.
112664
221
Const. P. 841/2014 (S.B.) Sindh High Court, Circuit at Hyderabad
2014
Muhammad Fayyaz (Petitioner) VS Mst Nighat & Ors (Respondent)
S.B.
28-OCT-16
No
Nil.
116569
222
Suit 358/1985 (S.B.) Sindh High Court, Karachi
1985
Ghazanfar Ali and another (Plaintiff) VS Cherat Cement Limited and others (Defendant)
S.B.
28-JUL-17
Yes
NIL
122792
223
2018 YLR 2210
Suit 622/2003 (S.B.) Sindh High Court, Karachi
2003
Major Ret. Sheikh Abdul Naeem (Plaintiff) VS Pakistan Defence Officers Housing Authority and others (Defendant)
S.B.
23-JAN-18
No
Nil.
118351
224
Suit 1059/2016 (S.B.) Sindh High Court, Karachi
2016
Muhammad Ali (Plaintiff) VS Government of Sindh & others (Defendant)
S.B.
18-SEP-17
No
Nil.
134473
225
I. A 44/2013 (D.B.) Sindh High Court, Circuit at Hyderabad
2013
M/s CIE Computers through its Manager Aqeeel Hassan Khan & 2 others (Appellant) VS NIB Bank Limited Banking Company through its Manager Mr. Sajid A. Shaikh (Respondent)
D.B.
11-OCT-18
No
Nil.
134052
226
Const. P. 741/2015 (D.B.) Sindh High Court, Circuit at Hyderabad
2015
Muhammad Haroon (Petitioner) VS Province of Sindh through Secretary [L.U], Board of Revenue & 4 others (Respondent)
Election Appeal 3/2017 (S.B.) Sindh High Court, Bench at Sukkur
2017
Jam Javed Ahmed Khan Dahar (Appellant) VS Haji Muhammad Akbar and 14 others (Respondent)
S.B.
13-FEB-18
No
Nil.
148486
229
Civil Revision 26/2020 (S.B.) Sindh High Court, Circuit at Hyderabad
2020
Muhammad Iyas & others (Applicant) VS Province of Sindh & others (Respondent)
S.B.
02-MAR-20
Yes
147826
230
2021 PLD Sindh Note 108
H.C.A 241/2010 (D.B.) Sindh High Court, Karachi
2010
Syed Asadul Haq (Appellant) VS M/s.Balochistan Glass Ltd., (Respondent)
D.B.
30-SEP-20
Yes
144603
231
Const. P. 302/2012 (D.B.) Sindh High Court, Circuit at Hyderabad
2012
Asif Ali (Petitioner) VS Secretary Board of Revenue & Others (Respondent)
D.B.
19-MAR-20
Yes
Service
145280
232
Const. P. 1905/2011 (D.B.) Sindh High Court, Circuit at Hyderabad; attached cases: Cp.D 1932/2011 &1269/2016
2011
Hyderabad Municipal Corporation (Petitioner) VS Province of Sindh & others (Respondent)
D.B.
08-APR-20
Yes
146069
233
Const. P. 14/2020 (S.B.) Sindh High Court, Circuit at Hyderabad
2020
Abdul Aziz (Petitioner) VS Mst. Hurrat-ul-Maleka and 2 others (Respondent)
S.B.
10-AUG-20
Yes
Nil.
145718
234
Suit 1213/2000 (S.B.) Sindh High Court, Karachi
2000
SYED ZIANUDDIN (Plaintiff) VS M/S. CONTINENTAL LTD. & ORS. (Defendant)
S.B.
06-JUL-20
Yes
Nil.
147979
235
Suit 1438/2016 (S.B.) Sindh High Court, Karachi
2016
Sabir Hussain Warsi. (Plaintiff) VS M/s. Rani (Defendant)
S.B.
08-JAN-20
Yes
154597
236
Const. P. 4634/2019 (D.B.) Sindh High Court, Karachi
2019
Muhammad Idrees and Ors (Petitioner) VS Govt. of Sindh & Others (Respondent)
D.B.
27-SEP-21
Yes
150613
237
Election Appeal 12/2021 (S.B.) Sindh High Court, Karachi
2021
Hasnain Ali Chohan S/o Mumtaz Ahmed (Appellant) VS Miftah Ismail Ahmed and others (Respondent)
S.B.
02-APR-21
Yes
149990
238
Suit 436/1993 (S.B.) Sindh High Court, Karachi
1993
SHAHIMAH SAYEED (Plaintiff) VS BASE CDR PAF BASE MASROOR (Defendant)
S.B.
26-FEB-21
Yes
149929
239
Suit 493/1993 (S.B.) Sindh High Court, Karachi
1993
Shahimah Sayeed (Plaintiff) VS Base Commander and three others (Defendant)
S.B.
26-FEB-21
Yes
149576
240
Const. P. 1094/2020 (D.B.) Sindh High Court, Bench at Sukkur
2020
Suresh Kumar Hindu (Petitioner) VS P.O Sindh & Others (Respondent)
D.B.
17-FEB-21
Yes
154410
241
Const. P. 1256/2019 (D.B.) Sindh High Court, Karachi
2019
Mrs. Farida Mansoor (Petitioner) VS S.B.C.A and Ors (Respondent)
D.B.
07-OCT-21
No
152892
242
I. A 5/2013 (D.B.) Sindh High Court, Bench at Sukkur
2013
Javed-ur-Rehman and others (Appellant) VS National Bank of Pakistan & another (Respondent)
D.B.
17-NOV-17
Yes
164782
243
Const. P. 2116/2019 (D.B.) Sindh High Court, Karachi
2019
Mst. Nighat Naeem (Petitioner) VS K.D.A and Ors (Respondent)
D.B.
08-APR-22
Yes
177799
244
Suit 1205/2005 (S.B.) Sindh High Court, Karachi
2005
HASAN AHMAD (Plaintiff) VS MUHAMMAD FAROOQ & ORS (Defendant)
S.B.
11-JAN-23
Yes
190581
245
Suit 234/2007 (S.B.) Sindh High Court, Karachi
2007
BASIRAT DAD KHAN LODHI & ORS (Plaintiff) VS FARHAT DAD KHAN LODHI & ORS. (Defendant)
S.B.
07-APR-23
Yes
203305
246
Suit 1592/2010 (S.B.) Sindh High Court, Karachi
2010
MST.SHAMIM AKHTER & ORS. (Plaintiff) VS MST.NAZAR BARI & ORS. (Defendant)
S.B.
28-SEP-23
Yes
206319
247
Const. P. 167/2021 (S.B.) Sindh High Court, Circuit at Hyderabad; attached cases: IInd Appeal No.8 of 2020 & CP No.S-826 of 2022
2021
Muhammad Aslam (Petitioner) VS Muhammad Yasin & anothers (Respondent)
S.B.
27-NOV-23
Yes
103224
248
Suit 67/1988 (S.B.) Sindh High Court, Karachi
1988
Party-1 (Plaintiff) VS Party-2 (Defendant)
S.B.
22-FEB-16
No
Nil.
106077
249
Suit 287/1990 (S.B.) Sindh High Court, Karachi
1990
Party-1 (Plaintiff) VS Party-2 (Defendant)
S.B.
26-FEB-16
No
Nil.
106974
250
2017 CLC 1387
Suit 1052/1988 (S.B.) Sindh High Court, Karachi
1988
Trading Corporation of Pakistan (Pvt) Ltd., (TCP) (Plaintiff) VS Haji Khuda Bux Amir Umar (Pvt) Ltd (Defendant)
S.B.
16-SEP-16
No
Nil.
127801
251
Suit 1311/2004 (S.B.) Sindh High Court, Karachi
2004
Shaikh Abdul Jabbar through his Legal Heirs (Plaintiff) VS Irfan Jami Rafique and another (Defendant)
S.B.
08-JUN-18
Yes
Nil.
116246
252
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.
139407
253
Suit 1661/2015 (S.B.) Sindh High Court, Karachi
2015
Dewan Steel Mills and others (Plaintiff) VS Federation of Pakistan and another (Defendant)
S.B.
02-JUN-17
Yes
Nil.
112690
254
Civil Revision 243/2010 (S.B.) Sindh High Court, Circuit at Hyderabad
2010
WAPDA,Thr:Superintending Eng,LBOD (Applicant) VS Land Acquistion Officer LBOD Project Wapda and Ors (Respondent)
S.B.
15-DEC-16
No
Nil.
123072
255
2019 PLC CS 178
Suit 754/2005 (S.B.) Sindh High Court, Karachi
2005
Mrs. Rukhsana Yahya (Plaintiff) VS Federation of Pakistan (Defendant)
S.B.
06-FEB-18
No
Nil.
137314
256
Suit 1232/2006 (S.B.) Sindh High Court, Karachi
2006
RIZWAN RASOOL JAN (Plaintiff) VS P.I.A.C (Defendant)
S.B.
18-FEB-19
No
Nil.
137297
257
Suit 112/2011 (S.B.) Sindh High Court, Karachi
2011
SAFDAR HUSSAIN BIRLAS & OTHERS (Plaintiff) VS MOHSIN ALI (Defendant)
S.B.
29-MAR-19
Yes
Nil.
111661
258
Const. P. 1990/2016 (S.B.) Sindh High Court, Circuit at Hyderabad
2016
Party-1 (Petitioner) VS Party-2 (Respondent)
S.B.
09-JAN-17
No
Nil.
112740
259
Civil Revision 213/2014 (S.B.) Sindh High Court, Circuit at Hyderabad
2014
Mst Shakeela (Applicant) VS Muhammad Saleem & Ors (Respondent)
S.B.
18-NOV-16
No
Nil.
138873
260
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.
118372
261
Suit 889/1998 (S.B.) Sindh High Court, Karachi
1998
Mirza Abdul Sattar Baig (Plaintiff) VS Pakistan Railways and others (Defendant)
S.B.
18-SEP-17
No
Nil.
130875
262
Election Appeal 26/2016 (S.B.) Sindh High Court, Bench at Sukkur
2016
Mumtaz Ali (Appellant) VS Bakhshan Khan and others (Respondent)
S.B.
03-AUG-18
No
Nil.
132873
263
Const. P. 1407/2013 (D.B.) Sindh High Court, Bench at Sukkur
2013
Dr. Moiinuddin Shaikh (Petitioner) VS Federal Secretary, Water and Power, Govt. of Pakistan (Respondent)
D.B.
23-OCT-18
Yes
Nil.
124293
264
Suit 1142/2003 (S.B.) Sindh High Court, Karachi
2003
Pakistan Battery Mfg. Co. (Pvt.) Ltd. and another (Plaintiff) VS Muhammad Fahad Farooqi and others (Defendant)
S.B.
09-MAR-18
No
Nil.
130830
265
Election Appeal 35/2016 (S.B.) Sindh High Court, Bench at Sukkur
2016
Israr Ahmed (Appellant) VS Federation of Pakistan and others (Respondent)
S.B.
03-AUG-18
No
Nil.
138976
266
Suit 771/2005 (S.B.) Sindh High Court, Karachi
2005
MASJID E ABDEEN TRUST (Plaintiff) VS DUBAI SHOPING MALL (Defendant)
NOMAN ABID CO (Plaintiff) VS NAVEED HAIDER (Defendant)
S.B.
19-JUL-19
Yes
The Plaintiff has already received the amount of disputed cheque, therefore, the present suit was filed with mala fide intention and is not maintainable. Not only this, the overall conduct of the Plaintiff Company, from the time of granting Leave to Defend Application was not of a bona fide litigant. Hence, the present suit is dismissed with costs.
147870
269
2021 SBLR Sindh Note 460
H.C.A 251/2008 (D.B.) Sindh High Court, Karachi
2008
Government of Pakistan & Ors. (Appellant) VS Mian Khalid Manzoor (Respondent)
D.B.
09-OCT-20
Yes
144064
270
Suit 87/2010 (S.B.) Sindh High Court, Karachi
2010
MUHAMMAD AZAM MASOOD (Plaintiff) VS MUHAMMAD RAUF & ORS. (Defendant)
S.B.
31-JAN-20
No
Nil.
146064
271
R.A (Civil Revision) 13/2020 (S.B.) Sindh High Court, Circuit at Hyderabad
2020
Sohail Ahmed Ansari (Applicant) VS Irfan Ahmed Ansari and others (Respondent)
S.B.
10-AUG-20
Yes
Nil.
154596
272
Const. P. 7173/2019 (D.B.) Sindh High Court, Karachi
2019
Sheikh Imran Ahmed (Petitioner) VS The D.G KDA and Ors (Respondent)
D.B.
10-SEP-21
No
154598
273
Const. P. 771/2004 (D.B.) Sindh High Court, Karachi
2004
Capt. S. M . Asllam (Petitioner) VS Karachi Building Control Authority & Ors (Respondent)
D.B.
12-OCT-21
Yes
152890
274
I. A 5/2015 (D.B.) Sindh High Court, Bench at Sukkur
2015
Abdul Samad Mahar & others (Appellant) VS The Habib Bank Limited & another (Respondent)
D.B.
19-DEC-17
Yes
152917
275
Const. P. 8680/2017 (D.B.) Sindh High Court, Karachi
2017
Muhammad Muqeem (Petitioner) VS Fed. of Pakistan and Ors (Respondent)
D.B.
31-AUG-21
Yes
151356
276
Suit 1657/2020 (S.B.) Sindh High Court, Karachi
2020
TCB AVIATION (PVT.) LIMITED (Plaintiff) VS SRI LANKAN AIRLINES LTD THR. COUNTRY MANAGER (Defendant)
S.B.
17-MAY-21
Yes
153310
277
Const. P. 6559/2018 (D.B.) Sindh High Court, Karachi
2018
Imtiaz Muhammad Ali (Petitioner) VS Province of Sindh & Others (Respondent)
D.B.
08-SEP-21
No
155624
278
Const. P. 1893/2021 (D.B.) Sindh High Court, Karachi
2021
Mst. Bakhmina (Petitioner) VS Govt. of Sindh and Others (Respondent)
D.B.
26-NOV-21
Yes
176360
279
Suit 749/2005 (S.B.) Sindh High Court, Karachi
2005
DR. NAFEES ZUBAIR (Plaintiff) VS MRS. SAEEDA BANO & ORS (Defendant)
S.B.
22-DEC-22
Yes
189910
280
Suit 229/2017 (S.B.) Sindh High Court, Karachi
2017
Aga Khan Fund For Economic Development S.A. (Plaintiff) VS Pakistan & Others. (Defendant)
S.B.
11-JAN-23
Yes
190365
281
R.A (Civil Revision) 260/2014 (S.B.) Sindh High Court, Circuit at Hyderabad
2014
Shah Fahad and an other (Applicant) VS Pir Ghulam Kareem and other (Respondent)
S.B.
21-DEC-18
No
190367
282
R.A (Civil Revision) 243/2010 (S.B.) Sindh High Court, Circuit at Hyderabad; attached cases: R.A.Nos.244, 245 & 246 of 2010
2010
WAPDA,Thr:Superintending Eng,LBOD (Applicant) VS Land Acquistion Officer LBOD Project Wapda and Ors (Respondent)
S.B.
15-DEC-16
No
190363
283
R.A (Civil Revision) 94/1991 (S.B.) Sindh High Court, Circuit at Hyderabad
1991
Ghulam Muhammad (Applicant) VS Karim Bux (Respondent)
S.B.
02-DEC-16
No
206321
284
Const. P. 826/2022 (S.B.) Sindh High Court, Circuit at Hyderabad; attached cases: IInd Appeal No.8 of 2020 & CP.No.S-167 of 2021
2022
Muhammad Aslam (Petitioner) VS Muhammad yasin & Others (Respondent)
S.B.
27-NOV-23
Yes
209787
285
II.A. 3/2022 (S.B.) Sindh High Court, Karachi
2022
Nina Industries Limited (Appellant) VS Bhanero Textile Mills (Respondent)
S.B.
24-JAN-24
Yes
212775
286
II.A. 32/2006 (S.B.) Sindh High Court, Karachi
2006
Mst. Hamida Iqbal (Appellant) VS Alay Raza & Ors (Respondent)