Pakistani case law library
Pak Law GPT gives lawyers, students and litigants access to reported Pakistani judgments in Urdu and English. Every judgment below is published from our case-law database with its original reported text, so you can read the citation and the judgment content directly.
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Reported judgments28,856 records
2022 PTD 1836 KARACHI-HIGH-COURT-SINDH
The COLLECTOR OF CUSTOMS VS SONIA INTERNATIONAL Ss.25 & 196---Valuation of goods imported---Method applicable---Customs authorities determined value of goods under Fall Back Method as provided in S.25(9) of Customs Act, 1969---Customs Appel…
2022 PTD 1860 KARACHI-HIGH-COURT-SINDH
IMAD SAMAD VS FEDERATION OF PAKISTAN through Secretary Commerce, Ministry of Commerce, Islamabad S.19---Imports and Exports (Control) Act (XXXIX of 1950), S.3---Import Policy Order, 2020, Para. 21---SRO No.833(I)/2018, dated: 03-07-2018---P…
2022 PTD 1860 KARACHI-HIGH-COURT-SINDH
IMAD SAMAD VS FEDERATION OF PAKISTAN through Secretary Commerce, Ministry of Commerce, Islamabad S.3---Power to prohibit or restrict imports and exports---Scope---FBR or for that matter the Federal Government acting through Ministry of Fina…
2022 PTD 1860 KARACHI-HIGH-COURT-SINDH
IMAD SAMAD VS FEDERATION OF PAKISTAN through Secretary Commerce, Ministry of Commerce, Islamabad Precedent---Constitution of a larger Bench---An earlier judgment of a Division Bench is binding on a subsequent Division Bench, and in case if…
2022 PTD 1860 KARACHI-HIGH-COURT-SINDH
IMAD SAMAD VS FEDERATION OF PAKISTAN through Secretary Commerce, Ministry of Commerce, Islamabad S.19---General power to exempt from customs duties---Scope---It has nowhere been provided in S.19 of the Customs Act, 1969, authorizing the Fed…
2022 PTD 1860 KARACHI-HIGH-COURT-SINDH
IMAD SAMAD VS FEDERATION OF PAKISTAN through Secretary Commerce, Ministry of Commerce, Islamabad One ministry or wing of the Federal Government is not authorized or permitted to exercise powers of the other; as they act under different Acts…
2022 PTD 1882 KARACHI-HIGH-COURT-SINDH
The COLLECTOR OF CUSTOMS VS UROOJ AUTOS Ss.2(kka), 25 & 196---Reference---Goods Declaration---Valuation, determination of---Factual inquiry---Forum---Dispute was with regard to valuation of goods imported by respondent company---Validity---…
2022 PTD 1918 KARACHI-HIGH-COURT-SINDH
COLLECTOR OF CUSTOMS VS Z.A. INDUSTRIES S.81---Provisional determination of liability---Limitation---Scope---Where provisional assessment was not finalized within a period of six months by the department on the ground that since the matter…
2022 PTD 1918 KARACHI-HIGH-COURT-SINDH
COLLECTOR OF CUSTOMS VS Z.A. INDUSTRIES S.81---Provisional determination of liability---Limitation---Scope---If a provisional assessment is not finalized within the period provided in S. 81 of Customs Act, 1969, such provisional assessment…
2022 PTD 1918 KARACHI-HIGH-COURT-SINDH
COLLECTOR OF CUSTOMS VS Z.A. INDUSTRIES S.196---Reference to High Court---Factual controversy---Scope---High Court cannot disturb factual findings while exercising reference jurisdiction.
2022 PLD 52 KARACHI-HIGH-COURT-SINDH
MUHAMMAD RAHEEL KAMRAN VS IST ADDITIONAL DISTRICT JUDGE, KARACHI (EAST) S. 8(1)---Fair rent---Scope---Balance is always to be appreciated by the Rent Controller while fixing the fair rent which must find strength with detailed factors as we…
2022 PLD 52 KARACHI-HIGH-COURT-SINDH
MUHAMMAD RAHEEL KAMRAN VS IST ADDITIONAL DISTRICT JUDGE, KARACHI (EAST) S. 8---Fair rent---Advance amount or pagri, consideration of---Scope---Section 8 of the Sindh Rented Premises Ordinance, 1979, nowhere gives any importance to the 'adva…
2022 PLD 52 KARACHI-HIGH-COURT-SINDH
MUHAMMAD RAHEEL KAMRAN VS IST ADDITIONAL DISTRICT JUDGE, KARACHI (EAST) S. 8---Fair rent---Scope---Term "fair rent" is not available for multiplicity of the existing/agreed rent but a reasonable appreciation of all the given factors so as t…
2022 PLD 52 KARACHI-HIGH-COURT-SINDH
MUHAMMAD RAHEEL KAMRAN VS IST ADDITIONAL DISTRICT JUDGE, KARACHI (EAST) S. 8(1)---Fair rent---Plain language of S.8 subsection (1) of the Sindh Rented Premises Ordinance, 1979 prima facie requires a Rent Controller to consider four aspects…
2022 PLD 61 KARACHI-HIGH-COURT-SINDH
Mst. IFFAT VS UMAR FAROOQUE art. 199--- No further remedy--- Constitutional and appellate jurisdiction---Scope---Practice to file Constitutional petitions on the ground that since no further remedy of appeal had been provided in law, hence…
2022 PLD 61 KARACHI-HIGH-COURT-SINDH
Mst. IFFAT VS UMAR FAROOQUE art. 199---Concurrent findings by Court/Tribunal below---Constitutional jurisdiction---Scope---High Court could not go behind concurrent findings of fact unless it could be shown that the finding was on the face…
2022 PLD 61 KARACHI-HIGH-COURT-SINDH
Mst. IFFAT VS UMAR FAROOQUE S. 14---Constitutional petition---Suit of petitioner was partly decreed and her appeal challenging decision of Family Court on certain issues was dismissed---Questions whether plaintiff was entitled for maintenan…
2022 PLD 61 KARACHI-HIGH-COURT-SINDH
Mst. IFFAT VS UMAR FAROOQUE art. 199---Constitutional and appellate jurisdictions---Scope---Court should always be slow in exercise of Constitutional jurisdiction where the statute had provided appeal and party had, either availed or declin…
2022 PLD 61 KARACHI-HIGH-COURT-SINDH
Mst. IFFAT VS UMAR FAROOQUE art. 199--- Constitutional jurisdiction--- Scope--- Constitutional jurisdiction under art. 199 of the Constitution could be regarded as being on a higher pedestal as against the jurisdiction under S. 115 of Civil…
2022 PLD 61 KARACHI-HIGH-COURT-SINDH
Mst. IFFAT VS UMAR FAROOQUE S. 14---Constitution of Pakistan, Art. 199---Appeal under Family Courts Act, 1964---Restriction---Intention of Legislature---Constitutional petition---Scope---Legislature in its wisdom had restricted further appe…
2022 PLD 69 KARACHI-HIGH-COURT-SINDH
IRFAN WAHID VS LUCKY CEMENT LIMITED Ss. 16, 17, 18 & 120---Ordinarily, a suit relating to a dispute of immovable property situated in Karachi was to be brought in the Civil Court having jurisdiction under Ss.16 & 17 of Civil Procedure Code-…
2022 PLD 69 KARACHI-HIGH-COURT-SINDH
IRFAN WAHID VS LUCKY CEMENT LIMITED Ss. 16, 17, & 120---Sindh Civil Courts Ordinance (II of 1962), S. 7---Sindh High Court and Civil Courts of Karachi District---Territorial jurisdiction---Suit for declaration, injunctions, recovery of poss…
2022 PLD 69 KARACHI-HIGH-COURT-SINDH
IRFAN WAHID VS LUCKY CEMENT LIMITED S. 5---Delay, condonation of---Sickness, plea of---Principle---Plea of party's sickness for condonation of delay had not been supported by medical certificate---Party did not disclose in affidavit that he…
2022 PLD 1 LAHORE-HIGH-COURT-LAHORE
Ch. FAYYAZ HUSSAIN VS PROVINCE OF PUNJAB Preamble---Scope---Preamble to a statute is though not an operational part of the enactment but it is a gateway, which opens before us the purpose and intent of the legislature, which necessitated th…
2022 PLD 1 LAHORE-HIGH-COURT-LAHORE
Ch. FAYYAZ HUSSAIN VS PROVINCE OF PUNJAB R. 2(d)---Constitution of Pakistan, Arts. 115 & 199---Provincial Government's consent required for financial measures---Bill---Maintainability---Locus standi---Scope---Petitioner sought the Punjab Em…
2022 PLD 1 LAHORE-HIGH-COURT-LAHORE
Ch. FAYYAZ HUSSAIN VS PROVINCE OF PUNJAB art. 69---Courts not to inquire into proceedings of Majlis-e-Shoora (Parliament)---Scope---article 69 of the Constitution specifically bars any person to approach the Courts of law for calling into q…
2022 PLD 1 LAHORE-HIGH-COURT-LAHORE
Ch. FAYYAZ HUSSAIN VS PROVINCE OF PUNJAB art. 139---Punjab Government Rules of Business, 2011, R.3(3)---Conduct of business of Provincial Government---Scope---all executive actions of the Provincial Government shall be expressed to be taken…
2022 PLD 1 LAHORE-HIGH-COURT-LAHORE
Ch. FAYYAZ HUSSAIN VS PROVINCE OF PUNJAB Mala fides will not be attributed to the Legislature.
2022 PLD 1 LAHORE-HIGH-COURT-LAHORE
Ch. FAYYAZ HUSSAIN VS PROVINCE OF PUNJAB R. 2(j)---"Department"---Meaning---Scope---Word "department" is defined under R. 2(j) of the Punjab Government Rules of Business, 2011, which means a self-contained administrative unit in the Secreta…
2022 PLD 1 LAHORE-HIGH-COURT-LAHORE
Ch. FAYYAZ HUSSAIN VS PROVINCE OF PUNJAB art. 8---Laws inconsistent with or in derogation of Fundamental Rights to be void---Scope---Presumption exists in favour of constitutionality and a law must not be declared unconstitutional unless th…
2022 PLD 119 LAHORE-HIGH-COURT-LAHORE
FARAH MAZHAR VS FEDERATION OF PAKISTAN through Secretary, Ministry of Interior, Islamabad art. 15---Magna Carta Libertatum, clause 42---Universal Declaration of Human Rights, arts.3 & 13---International Covenant on Civil and Political Right…
2022 PLD 119 LAHORE-HIGH-COURT-LAHORE
FARAH MAZHAR VS FEDERATION OF PAKISTAN through Secretary, Ministry of Interior, Islamabad S. 2---Exit from Pakistan (Control) Rules, 2010, R. 2(1)---Exit Control List---Civil disputes---Petitioners were family members of CEO of a company wo…
2022 PLD 138 LAHORE-HIGH-COURT-LAHORE
SAGHIR AHMED VS AMBASSADOR USA EMBASSY, ISLAMABAD PAKISTAN art. 199---Vienna Convention on Diplomatic Relations (1961), art. 31---Civil Procedure Code (V of 1908), S. 86-a---Diplomatic and Consular Privileges act (IX of 1972), S. 2---Consti…
2022 PLD 138 LAHORE-HIGH-COURT-LAHORE
SAGHIR AHMED VS AMBASSADOR USA EMBASSY, ISLAMABAD PAKISTAN art. 199---Civil Procedure Code (V of 1908), Preamble---Principles of the C.P.C., unless specifically barred, were applicable to constitutional petitions before the High Court as we…
2022 PLD 148 LAHORE-HIGH-COURT-LAHORE
MUHAMMAD UMAIS VS CANTONMENT BOARD RAWALPINDI art. 26---Non-discrimination in respect of access to public places---Scope---In the absence of any glaring illegality or violation of fundamental rights, it is imperative that the Courts should…
2022 PLD 148 LAHORE-HIGH-COURT-LAHORE
MUHAMMAD UMAIS VS CANTONMENT BOARD RAWALPINDI arts. 15 & 26---Freedom of movement---Non-discrimination in respect of access to public places---Scope---article 26 of the Constitution commands that there must not be any discrimination to acce…
2022 PLD 148 LAHORE-HIGH-COURT-LAHORE
MUHAMMAD UMAIS VS CANTONMENT BOARD RAWALPINDI art.15---Freedom of movement---"Reasonable" restriction---Scope---article 15 of the Constitution makes it abundantly clear that it is a fundamental right of every citizen to move freely througho…
2022 PLD 148 LAHORE-HIGH-COURT-LAHORE
MUHAMMAD UMAIS VS CANTONMENT BOARD RAWALPINDI art. 201---Decision of High Court binding on subordinate Courts---Scope---article 201 of the Constitution states that a decision of High Court if it decides a question of law or is based upon or…
2022 PLD 148 LAHORE-HIGH-COURT-LAHORE
MUHAMMAD UMAIS VS CANTONMENT BOARD RAWALPINDI art. 199---Constitutional jurisdiction---Judicial restraint---Scope---Judicial restraint encourages the judges to exercise their powers with restraint and wisdom and to limit the exercise of the…
2022 PLD 148 LAHORE-HIGH-COURT-LAHORE
MUHAMMAD UMAIS VS CANTONMENT BOARD RAWALPINDI Primary purpose of the law and duty of Courts to strike a balance between individual rights of a citizen and collective rights of the general public.
2022 PLD 148 LAHORE-HIGH-COURT-LAHORE
MUHAMMAD UMAIS VS CANTONMENT BOARD RAWALPINDI arts. 9, 14, 15, 26 & 199---Security of person---Inviolability of dignity of man---Freedom of movement---Non-discrimination in respect of access to public places---Reasonable restriction---Scope…
2022 PLD 148 LAHORE-HIGH-COURT-LAHORE
MUHAMMAD UMAIS VS CANTONMENT BOARD RAWALPINDI art. 15---Freedom of movement---Reasonable restriction---Scope---General right of way in all its forms whether being an outcome of custom, a product of easement, a contract and as a creation of…
2022 PLD 148 LAHORE-HIGH-COURT-LAHORE
MUHAMMAD UMAIS VS CANTONMENT BOARD RAWALPINDI art. 15---Freedom of movement---Scope---Freedom of movement of a citizen of Pakistan or any other person who is within Pakistan for the time being within the territorial bound of the country is…
2022 PLD 148 LAHORE-HIGH-COURT-LAHORE
MUHAMMAD UMAIS VS CANTONMENT BOARD RAWALPINDI art. 15---Freedom of movement---Reasonable restriction---Scope---Right to movement is not an absolute rather a qualified right, which can be subject to reasonable restriction to further the publ…
2022 PLD 148 LAHORE-HIGH-COURT-LAHORE
MUHAMMAD UMAIS VS CANTONMENT BOARD RAWALPINDI art. 199---Constitutional petition---Public interest litigation---Scope---Petition filed pro bono publico to raise an issue relating to violation and enforcement of fundamental rights of the pub…
2022 PLD 148 LAHORE-HIGH-COURT-LAHORE
MUHAMMAD UMAIS VS CANTONMENT BOARD RAWALPINDI Legal right---Fundamental rights---Scope---Legal right is an interest recognized and protected by the rule of legal justice---Fundamental rights are those rights which are recognized, provided a…
2022 PLD 177 LAHORE-HIGH-COURT-LAHORE
MUHAMMAD HAMMAD UR REHMAN ZAFAR VS DIRECTOR, FEDERAL INVESTIGATION AGENCY, LAHORE S.160---"Prematurity and ripeness", doctrine of---Notice of appearance---Petitioner was aggrieved of notice under S.160, Cr.P.C. issued in connection with cri…
2022 PLD 177 LAHORE-HIGH-COURT-LAHORE
MUHAMMAD HAMMAD UR REHMAN ZAFAR VS DIRECTOR, FEDERAL INVESTIGATION AGENCY, LAHORE Ss. 160 & 161---Term "any person"---Scope---Term "any person" includes an accused person or a person who is suspected of either having role in crime in questi…
2022 PCrLJN 3 LAHORE-HIGH-COURT-LAHORE
INAYAT ULLAH VS State S. 9(c)---Possession of narcotics---Appreciation of evidence---Benefit of doubt---Scope---Accused was alleged to have been found in possession of four kilograms of charas---Investigating Officer/complainant had specifi…
2022 PCrLJN 8 LAHORE-HIGH-COURT-LAHORE
MUHAMMAD RIAZ VS State S. 498---Penal Code (XLV of 1860), Ss. 324, 148 & 149---Attempt to commit qatl-i-amd, rioting armed with deadly weapon, common object---Pre-arrest bail, grant of---Case of two versions---Scope---Accused persons along…
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