NEWS

 

 

 

IN THE MEDIA

 

Citizenship ordered by Peshawar High Court for resident’s Afghan wife

PESHAWAR: The Peshawar High Court has ordered the interior ministry to grant Pakistan’s citizenship to a Pakistani man’s Afghan wife and process her case within three months. A bench consisting of Justice Roohul Amin Khan and Justice Ishtiaq Ibrahim accepted a petition filed by Pakistani national Mohammad Ilyas seeking the court’s orders to the interior ministry to grant Pakistani citizenship to her Afghan wife on the basis of the Pakistan Citizenship Act, 1951. It directed the interior secretary to process the grant of the Afghan woman’s citizenship within three months so that the petitioner should not face further inconvenience. The petitioner’s lawyer, Saifullah Muhib Kakakhel, said his...

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K-P govt urged to take steps against dengue

PESHAWAR:  An application was submitted to the Peshawar High Court (PHC) on Saturday requesting the court to direct the provincial government to take steps for eradication of dengue virus in the province. The application also pleaded the court for speedy hearing of the case related to government’s anti-dengue measures. The court was also requested to direct the government for carrying out anti-dengue spray in the province. The application has been submitted through Counsel Saifullah Muhib. The application read that the health department’s counsel in the previous cases has accepted that this year the dengue cases would increase and an outbreak situation is expected in the province. The...

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Peshawar High Court suspended transfer order of a Doctor serving in District Khyber to District Mohmand

A bench of Peshawar High Court suspended transfer order of a Doctor serving in District Khyber to District Mohmand. The petitioner was represented by Advocate Saifullah Muhib Kakakhel. The lawyer argued that the doctor was serving in Khyber District along with his wife who is a teacher in district khyber. He argued that the said transfer was against Spouse policy which clearly provides that spouses working in the same district should not be disturbed. He put forth that the transfer is being done in wake of COVID-19, whereby all inter district travelling has been banned. He said Service Tribunal is no actively working, therefore a writ petition was moved in this regard. The court after...

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Law students seek enrolment as apprentice

PESHAWAR: Students of the University of Peshawar law degree programme, who await the announcement of exam results, have moved the Peshawar High Court seeking orders to declare them eligible for enrolment as trainee lawyers or apprentices on the basis of course completion in line with a past practice. In the joint petition, 33 students of the Law College, University of Peshawar, also requested the court to declare the rules, which prohibit their enrollment on the basis of course completion, arbitrary and discriminatory. They pleaded that the court should declare the rules especially Rule 108-C of the Pakistan Legal Practitioners and Bar Council Rules, 1976, illegal and that it is not...

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Housing society rules challenged in Peshawar high court

PESHAWAR: Three businessmen have challenged the housing society rules in the province claiming the minimum 160 kanals land requirement for developing a housing scheme is discriminatory as that requirement is 100 kanals in other provinces. Petitioners Minhaj Ali, Irfan Ahmad and Aftab Ahmad, all from Nowshera area, have requested the court to declare discriminatory and illegal the KP Local Government (Site Development Scheme) Rules, 2015, wherein the minimum land required for developing a housing scheme is 160 kanals. The petitioners, who own the Khattak Allied Construction Company, have also challenged the demolition of their office in Jalozai area by an additional deputy commissioner....

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Peshawar High Court restrained local courts of Peshawar from taking any action against a senior citizen

A bench of Peshawar High Court restrained local courts of Peshawar from taking any action against a senior citizen aged 80 through a stay order. KLA Partner Saifullah Muhib Kakakhel represented the petitioner, Lehaz Ullah, an 80 years old citizen. The lawyer argued that petitioner was working as a power consultant for Askari 6 Housing Society, and was not paid for his services. He moved Civil Courts, Peshawar against Askari authorities for releasing of payment, however, they brought a counter claim against petitioner to harass him. While the case was pending he moved to Islamabad from Peshawar and due to his old age and health complications could not attend court hearings. While the case...

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Peshawar High Court granted stay on construction on a disputed commercial property in Kohat

A bench of Peshawar High Court granted stay on construction on a disputed commercial property in Kohat. KLA Partner Saifullah Muhib Kakakhel represented the petitioner and argued that the commercial plot which is being developed intona commercial building is a joint ownership of petitioner and his step brother. The lawyer further argued that the construction is being done on the disputed land without any permission from local concerned bodies. The court after hearing arguments and going through the file granted a status quo order till final decision of the case. Daily Aj 21.04.2020

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Natural Resources and rights of the producing province

An article on Division of Natural Resources and rights of the producing province in the same. The article is written in light of Natural Gas and the preference given to the producing province over the buying provinces as enshrined in Article 158 of constitution of Pakistan. The article in based on a writ petition filed by KLA Senior Partner Saifullah Muhib Kakakhel in Peshawar High Court for implementation of the Article 158 of the constitution of 1973 in letter and spirit. Daily Aj 03.04.2020

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More than 200, 2nd & 3rd Professional MBBS Students moves Court Against Khyber Medical University

KLA Senior Partner Saifullah Muhib Kakakhel moved Constitutional Petitions in Peshawar High Court for more than 200, 2nd and 3rd professional MBBS students belonging to different public and private sector Medical Colleges of Khyber Pakhtunkhwa. These students were discriminated against, and declared fail while blue eyed students were given compensation of 14-20 marks in a revised result declared after final result, which is no where provided in KMU Rules/ Regulations. (details in comments section) Daily Mashriq 19.04.2020

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PUBLICATIONS

 

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...

FACEBOOK FEED

 

Two Pre Arrest Bails confirmed by ASJ-V Mardan and ASJ-VI Peshawar in two separate FIRs, in a Celebratory Aerial Firing case.

KLA Parter Nouman Muhib Kakakhel represented the accused persons.
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3 days ago

Kakakhel Law Associates ( Advocates & Legal Consultants )

KLA Senior Partner Mehwish Muhib Kakakhel spoke on Child Marriages and gave an overview of Child Marriage Restraint Bill, 2021. ... See MoreSee Less

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Report on the Constitutional Petition wherein KLA Managing Partner Mian Muhibullah Kakakhel has challenged the amendment which resulted in Formation of MTI Tribunal, Its rules and the appointments made therein due to lacunas in legislative and other procedures.

Daily Dawn 16.06.2021
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KLA Senior Partner Saifullah Muhib Kakakhel briefed the Mashriq News on the right to protest. ... See MoreSee Less

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KLA Senior Partner Mehwish Muhib Kakakhel spoke on the issue of Honour Killing in the Crime Show of Mashriq TV namely Jurm o Saza.

12.06.2021
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