2004 S C M R 553
2004 S C M R 553 [Supreme Court of Pakistan] Present: Rana Bhagwandas and Javed Iqbal, JJ MUHAMMAD ASHFAQ‑‑‑Petitioner versus MUHAMMAD SHER KHAN and 11 others‑‑‑Respondents Civil Petition No.408‑P of2002, decided on 7th October, 2003. (On appeal from the judgmentdated 20‑6‑2002 of the Peshawar High Court, Peshawar, passed inWrit Petition No.923 of 2001). North‑West Frontier Province LocalGovernment Elections Rules, 2000‑‑‑ ‑‑‑‑Rr.71& 73(3)‑‑‑Civil Procedure Code (V of 1908), O.VI, R.15‑‑ Constitutionof Pakistan (1973), Art.185 (3)‑‑‑Corrupt practices,allegations of‑‑‑Presentation of election petition‑‑‑ElectionTribunal dismissed the election petition on the ground that the same was...
2019 P L C (C.S.) 238
2019 P L C (C.S.) 238 [Sindh High Court] Before Syed Hassan Azhar Rizvi and Khadim Hussain Tunio, JJ ABDUL HALEEM SIDDIQUI and others Versus FEDERATION OF PAKISTAN through the Law Secretary, Ministry of Law andJustice, Pakistan Secretariat, Islamabad and others C.Ps. Nos. D-3460, D-3366 of 2011, D-1053, D-1524, D-1657, D-3644 of 2013and D-1268 of 2016, decided on 4th September, 2018. (a) Constitution of Pakistan--- ----Arts. 212 & 199----Constitutional jurisdiction of HighCourt---Civil Service---Constitutional petition seeking relief for framing ofservice rules and seniority list----Relief seeking framing of rules andseniority list, prima facie, cannot be legally entertained by High...
2009 S C M R954
2009 S C M R954 [Supreme Court of Pakistan] Present: Abdul Hameed Dogar, C. J., Ijaz-ul-HassanKhan and Ch. Ejaz Yousaf, JJ MUHAMMAD ULLAH----Petitioner Versus THE STATE----Respondent Criminal Petition No.352 of 2008, decided on 14thNovember, 2008. (On appeal from the judgment, dated 22-9-2008 of thePeshawar High Court, D.I. Khan Bench passed in Criminal Miscellaneous No. 119of 2008). Criminal Procedure Code (V of 1898)--- ----S. 497---Control of Narcotic Substances Act (XXVof 1997), S.9(c)---Constitution of Pakistan (1973), Art.185(3)---Bail, grantof--Contrabands were not recovered directly from the possession of accused,rather the same were recovered from the cabin made on the root of...
2009 S C M R 1202
2009 S C M R 1202 [Supreme Court of Pakistan] Present:Ijaz-ul-Hassan Khan and Muhammad QaimJan Khan, JJ MUHAMMAD AZHAR----Petitioner Versus DILAWAR and another----Respondents Criminal Petition No.20-P of 2009, decided on 17thApril, 2009. (On appeal from the judgment, dated 26-1-2009 of thePeshawar High Court, Peshawar passed in Criminal Miscellaneous No.1667 of2008). (a) Criminal Procedure Code (V of 1898)--- ----S. 497(5)---Penal Code (XLV of 1860),S.324---Constitution of Pakistan (1973), Art.185(3)---Cancellation of bail,refusal of---High Court while granting bail to accused had assigned sound andvalid reasons, which could not be shown to have suffered from any infirmity orirregularity,...
P L D 2009Supreme Court 707
P L D 2009Supreme Court 707 Present;Ijaz-ul-Hassan Khan and Muhammad Qaim Jan Khan, JJ ZARMUHAMMAD---Petitioner Versus Mian JAFAR SHAHand another---Respondents Criminal PetitionNo.4-P of 2008, decided on 23rd April, 2009. (On appeal from thejudgment dated 15-2-2008, of the Peshawar High Court, Peshawar passed inCr.M.1274 of 2007). CriminalProcedure Code (V of 1898)--- ----S5.497(5)---Penal Code (XLV of 1860), Ss.302/324/34---Constitution of Pakistan(1973), Art.185(3)---Cancellation of bail, refusal of---Medical boardconsisting of four eminent Doctors constituted under the order of High Court,had examined the accused and found him suffering from serious heart disease,which needed...
2006 S C M R1906
2006 S C M R1906 [Supreme Court of Pakistan] Present:Khalil-ur-Rehman Ramday, Nasir-ul-Mulk and Raja Fayyaz Ahmed, JJ Mst. HUSSAN ZARI----Petitioner Versus SHER BAHADUR and others----Respondents Criminal Appeal. No.577 of 2006 in Criminal PetitionNo.106-P of 2002, decided on 16th June, 2006. (On appeal from the judgment, dated 30-4-2002 of thePeshawar High Court, Peshawar, passed in Criminal Appeal No.392 of 2000). Penal Code (XLV of 1860)-- ----Ss. 302(b), 324, 148 & 149---Reappraisal ofevidence---Triple murder--- Cross-fires--Counter-F.I.Rs.--- Aggressor party,non-determination of---Five accused were convicted by Trial Court and sentencedto life imprisonment for murder of three...
2006 S C MR 1692
2006 S C MR 1692 [Supreme Court of Pakistan] Present: Javed Iqbal, Muhammad Nawaz Abbasi andSyed Jamshed Ali, JJ ARBAB JEHANGIR KHAN and others----Appellants Versus INAYATULLAH KHAN and others----Respondents Civil Appeal No. 187 of 2002, decided on 30th March,2006. (On appeal against the judgment, dated 16-3-2001passed by Peshawar High Court, Peshawar, in Civil Revision No. 131 of 2000). (a) Land Reforms Regulation, 1972 (M.L.R.115)--- ----Paras. 13 & 26---Civil Procedure Code (V of1908), S.9 & O.VII, R. 11--- Constitution of Pakistan (1973), Art. 185(3)--- Surrender of Shamilat Land under Land Reforms Regulation, 1972(M.L.R.115)---Suit challenging validity of surrender---Rejection...
2019 P L C (C.S.) 238
2019 P L C (C.S.) 238 [Sindh High Court] Before Syed Hassan Azhar Rizvi and Khadim Hussain Tunio, JJ ABDUL HALEEM SIDDIQUI and others Versus FEDERATION OF PAKISTAN through the Law Secretary, Ministry of Law andJustice, Pakistan Secretariat, Islamabad and others C.Ps. Nos. D-3460, D-3366 of 2011, D-1053, D-1524, D-1657, D-3644 of 2013and D-1268 of 2016, decided on 4th September, 2018. (a) Constitution of Pakistan--- ----Arts. 212 & 199----Constitutional jurisdiction of HighCourt---Civil Service---Constitutional petition seeking relief for framing ofservice rules and seniority list----Relief seeking framing of rules andseniority list, prima facie, cannot be legally entertained by High...
2016 P L C (C.S.) 1074
2016 P L C (C.S.) 1074 [Lahore High Court] Before Ayesha A. Malik and Faisal Zaman Khan, JJ GOVERNMENT OF THE PUNJAB through Chief Secretary,Civil Secretariat, Lahore and 2 others Versus Syed RIAZ ALI ZAIDI I.C.A. No.565 of 2015 in Writ Petition No.5406 of2011, decided on 9th July, 2015. (a) Constitution of Pakistan--- ----Arts. 199, 208, 120, 121 & 122---High Court(Lahore) Rules and Orders Vol. V, Chapter 10, Rr. 4, 17, 18 & 22---LawReforms Ordinance (XII of 1972), S. 3---Intra-court appeal---Employees of HighCourt (Lahore)---Grant of fifty percent increase in Judicial Allowance and Adhoc Allowance---Independence of judiciary---Scope---Constitutional petition wasfiled for grant of...
2016 P L C (C.S.) 1
2016 P L C (C.S.) 1 [Sindh High Court] Before Muhammad Ali Mazhar and Shahnawaz Tariq, JJ DAWOOD SIGHAR and 5 others Versus PROVINCE OF SINDH through Chief Secretary, Sindhand others C.P. No.D-1637 of 2013, decided on 28th April, 2015. (a) Civil Service Regulations, 1960--- ----Art. 486---Constitution of Pakistan, Arts.199& 208---Constitutional petition---Civil service---Retired employees of HighCourt (Sindh)---Plea for accumulation of judicial allowance in pensioncalculation---Independence of judiciary---Chief Justice, powersof---Scope---Chief Justice of High Court had power to sanction pension providedsame was covered by the rules and certified by the Audit Officer to...
2015 P L C (C.S.) 831
2015 P L C (C.S.) 831 [Lahore] Before Syed Mansoor Ali Shah, J Syed RIAZ ALI ZAIDI versus GOVERNMENT OF THE PUNJAB through Chief Secretary,Lahore and 3 others Writ Petition No.5406 of 2011, decided on 10thFebruary, 2015. (a) Constitution of Pakistan--- ----Preamble & Arts. 175, 2A &208---Independence of judiciary---Separation of powers between organs of theState---Nature and scope of relation between organs of the State---Scope andnature of judicial self-governance---Constitutional protection of financialautonomy and budgetary independence of the Superior Judiciary---Purpose, andnecessity of institutional independence of the judicial branch---Conceptdescribed. DelhiJudicial Service...
P L D 2011Peshawar 131
P L D 2011Peshawar 131 Before DostMuhammad Khan and Imtiaz Ali, JJ MUHAMMAD SHERSHAH, SESSIONS JUDGE and 18 others---Petitioners Versus GOVERNMENT OFN.-W.F.P. through Chief Secretary and another---Respondents Writ PetitionNo.1098 of 2010, decided on 6th July, 2010. (a) Administrationof justice--- ----Outmodedbureaucratic tactics could not be allowed to be super-imposed or to overrideprinciples of law and justice. (b) NationalJudicial (Policy Making) Committee Ordinance (LXXIof 2002)--- ----Ss. 3 &4---Constitution of Pakistan, Art.199---Constitutional petition--JudicialOfficers and staff of District Judiciary under Peshawar HighCourt---Claim for grant of Special Judicial Allowance at...
2013 P L C (C.S.) 717
2013 P L C (C.S.) 717 [Lahore High Court] Before Muhammad Khalid Mehmood Khan, J MUHAMMAD AKRAM and 180 others Versus GOVERNMENT OF PAKISTAN through Secretary Ministryof Law and Justice, Islamabad and 4 others Writ Petition No.20968 of 2009, decided on 31stOctober, 2012. (a) Constitution of Pakistan--- ----Art. 25---Equality of citizens--- Reasonable classification---Principle---Provisions ofArt.25 of the Constitution forbids class legislation but permits reasonableclassification for the purpose of legislation which classification must satisfytwin tests of classification being founded on intelligible differentia whichdistinguishes persons or things that are left out of the group and...
2011 P L C (C.S.) 1387
1 6,060 218,160 Computer Operator 5 6,060 1,090,800 Personal Assistant 21 9,850 7,446,600 Senior Scale Steno 3 6,060 654,480 Assistant 25 4,920 4,428,000 Data Entry Operator 2 4,355 313,560 Assistant Computer Operator 4 4,355 627,120 Garage Superintendent 1 4,115 148,140 Junior Translator 2 4,115 296,280 Cataloguer 1 3,955 142,380 Caretaker 2 3,665 263,880 Senior Clerk 31 3,820 4,263,120 Telephone Operator 2 3,665 263,880 Senior Copiest 2 3,820 275,040 Junior Copiest 2 3,530 254,160 Junior Clerk 42 3,530 5,336,360 Plumber 1 3,820 137,520 Electrician 1 3,665 131,940 Cook 1 3,240 116,640 Drivers 7 3,530 889,560 Drivers 24 3,340 2,885,760 Machine Man 1 3,240 116,640 Book Binder 3 3,340...
PLD2011 Karachi 451
PLD2011 Karachi 451 Before Mushir Alam, C J and Tufail H. Ebrahim, J AMANULLAH KHAN YOUSUFZAI and others---Petitioners Versus FEDERATION OF PAKISTAN through Law Secretary andothers---Respondents C.Ps. Nos. D-1465, D-1930, D-2318, D-2433 of 2009,decided on 24th May, 2011. (a) Constitutionof Pakistan--- ----Preamble & Art.175---Scheme of theConstitution---Judiciary---Constitution does not contemplate a batch ofunconnected courts but a judiciary composed of superior courts and subordinatecourts---Subordinate courts are therefore integral part of the judicial systemof Pakistan---Constitution does not draw any distinction between superior orsubordinate judiciary. Masroor Ahsan v. Ardersher...
2011 P L C (C.S.) 1373
2011 P L C (C.S.) 1373 [Sindh High Court] Before Gulzar Ahmed and Shahid Anwar Bajwa, JJ MUHAMMAD NUSRAT ALI and 3 others Versus PROVINCE OF SINDH through Chief Secretary,Government of Sindh and 3 others Constitutional Petitions Nos.D-1756 and D-1912 of2009, decided on 23rd May, 2011. Sindh High Court Establishment Rules, 2006--- ----Part-I, Clause-15---Finance DepartmentNotification No. B1/2 (18) 1996, dated 25-11-2006---Constitution of Pakistan,Art.199---Constitutional petition---Utility and judicial allowance---NationalJudicial (Policy Making) Committee---Implementation ofrecommendations---Petitioners were members of establishment of Sindh High Courtand had sought recovery of judicial...
2003 P L C (C.S.) 789
2003 P L C (C.S.) 789 [Supreme Court (AJ&K)] Present: Muhammad YunusSurakhvi, Actg. C.J. and Khawaja Muhammad Saeed, J AZAD J&K GOVERNMENTthrough its Chief Secretary Muzaffarabad and 2 others Versus Ch. MUHAMMAD SAEED,STENOGRAPHER and 44 others Civil Appeal No.74 of 2002,decided on 12th August, 2002. (On appeal from the judgment ofthe High Court dated 6-3-2002 in Writ Petition No.497 of 2001). (a) Azad Jammu and KashmirInterim Constitution Act (VIII of 1974)-- ----Ss, 42, 42-A, 42-B, 44 &45---Civil service---Grant of special judicial allowance---Powers of SupremeCourt---Supreme Court of Pakistan having granted special judicial allowance atrate of 20% to all its officers and...
2016 G B L R 37
2016 G B L R 37 [Supreme AppellateCourt] Before Dr. RanaMuhammad Shamim, C.J., Javed Iqbal and Shahbaz Khan, JJ SECRETARY LAW ANDPROSECUTION GILGIT-BALTISTAN and 3 others---Petitioners Versus ASLAM KHAN,SUPERINTENDENT, CUSTOMS AND BANKING COURT, GILGIT and 15 others---Respondents C. Misc. No. 86 of 2014 inC.P.L.A. No. 90 of 2014, heard on 5th September, 2016. Civil service--- ----Judicial allowance andspecial judicial allowance---Entitlement to---Writ petition by the employees invarious categories in BPS-1 to 16 of the Customs and Banking Court, withcontentions that they were entitled to all the benefits i.e. Judicial Allowanceand Special Judicial Allowance; equal to three time of their...
2012 M L D 531
2012 M L D 531 [Peshawar] Before Mian Fasih-ul-Mulk, J TAJ MUHAMMAD and another---Petitioners Versus BAHADAR KHAN and others---Respondents Civil Revision No.403 of 2002, decided on 28thOctober, 2011. Khyber Pakhtunkhwa Pre-emption Act (X of 1987)--- ----S.13---Making of Talbs---Plaintiffs claimingsuperior right of pre-emption on the basis of co-sharership, contiguity,amenities and appendages, filed suit for pre-emption---Suit was decreed by theTrial Court, but on appeal, Appellate Court below set aside judgment and decreeof the Trial Court and dismissed the suits of theplaintiffs---Validity---Plaintiffs on gaining knowledge about the saletransaction of suit property in favour of the...
2012 P Cr. L J 63
2012 P Cr. L J 63 [Peshawar] Before Mian Fasih-ul-Mulk and Fazal-i-Haq Abbasi,JJ IRFAN SAEED and others---Appellants Versus THE STATE and others---Respondents Criminal Appeals Nos. 305 and 376 of 2010, decidedon 27th September, 2011. (a) Penal Code (XLVof 1860)--- ----Ss. 302(b) & 148---Qatl-e-amd---Appreciation of evidence---Report of the occurrence having been lodged by the complainant within 30 minutes ofthe occurrence, there was hardly any time for deliberation orconsultation---Statements of the complainant and other eye-witness wereconsistent on material points---Said eye-witnesses were further corroborated bythe medical evidence, motive and the abscondence of accused---Despite...