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 PLC(CS) 449 SUPREME-COURT
SABOOR KHAN VS CHAIRMAN WAPDA, WAPDA HOUSE, LAHORE S. 4(1)(a)---Service Appeal filed before the Federal Service Tribunal without waiting for the prescribed 90 days period to expire after filing of departmental appeals---Competency---Such Se…
2022 PLC(CS) 474 SUPREME-COURT
MEMBER (ADMINISTRATION), FEDERAL BOARD OF REVENUE VS MIAN KHAN R. 4(1)(b)(ii)---Taking bribe---Major penalty imposed on basis of CCTV footage without forensic audit of such footage---Legality---Admittedly in the present case no regular inqu…
2022 PLC(CS) 486 SUPREME-COURT
PROVINCIAL SELECTION BOARD, GOVERNMENT OF KHYBER PAKHTUNKHWA VS HIDAYAT ULLAH KHAN GANDAPUR S. 3(1)---National Accountability Ordinance (XVIII of 1999), Ss. 9, 10, 15 & 25---Pro-forma promotion---Scope---Civil servant released after plea ba…
2022 PLC(CS) 486 SUPREME-COURT
PROVINCIAL SELECTION BOARD, GOVERNMENT OF KHYBER PAKHTUNKHWA VS HIDAYAT ULLAH KHAN GANDAPUR art. 25---Civil service---Wrong benefit/order passed in favour of a civil servant---Such benefit/order could not be used as a foundation (by another…
2022 PLC(CS) 514 SUPREME-COURT
SECRETARY, MINISTRY OF FINANCE, ISLAMABAD VS TAYYABA HALIM SUBHANI 'Temporary' and 'permanent posts'---Distinction---Employees working on 'stop-gap arrangement'---Meaning---Stop-gap arrangement was one where a temporary arrangement was made…
2022 PLC(CS) 514 SUPREME-COURT
SECRETARY, MINISTRY OF FINANCE, ISLAMABAD VS TAYYABA HALIM SUBHANI art. 361---Constitution of Pakistan, art. 25---Teachers/lecturers employed on daily wage basis before being regularized---Pensionary benefits, calculation of---Whether servi…
2022 PLC(CS) 594 SUPREME-COURT
MUHAMMAD AMJAD VS The DIRECTOR GENERAL, QUETTA DEVELOPMENT AUTHORITY 'Upgradation of post'---Scope---Expression up-gradation is disparate and incongruent to the term promotion which is resorted to in order to ventilate the sufferings of emp…
2022 PLC(CS) 594 SUPREME-COURT
MUHAMMAD AMJAD VS The DIRECTOR GENERAL, QUETTA DEVELOPMENT AUTHORITY Promotion---Not a vested right---Promotion to a certain post is never considered to be a vested right of a civil servant---In case of non-selection post, the promotion is…
2022 PLC(CS) 594 SUPREME-COURT
MUHAMMAD AMJAD VS The DIRECTOR GENERAL, QUETTA DEVELOPMENT AUTHORITY Promotion---No vested right can be claimed on the basis of promotion issued without any legal sanction or authority---Wrong benefit extended beyond the scope of law and ru…
2022 PLC(CS) 594 SUPREME-COURT
MUHAMMAD AMJAD VS The DIRECTOR GENERAL, QUETTA DEVELOPMENT AUTHORITY 'Upgradation of post' and 'promotion'---Distinction---Promotion involves advancement in rank, grade or a footstep enroute for advancement to higher position, whereas the f…
2022 PLC(CS) 594 SUPREME-COURT
MUHAMMAD AMJAD VS The DIRECTOR GENERAL, QUETTA DEVELOPMENT AUTHORITY Promotion---'Eligibility' and 'fitness' of candidate---Scope---Though promotion is not a vested right, but it depends on the eligibility as well as fitness of the candidat…
2022 PLC(CS) 594 SUPREME-COURT
MUHAMMAD AMJAD VS The DIRECTOR GENERAL, QUETTA DEVELOPMENT AUTHORITY 'Upgradation of post'---Scope---Upgradation cannot be made to benefit a particular individual in terms of promoting him to a higher post or further providing him with the…
2022 PLC(CS) 610 SUPREME-COURT
BASHIR AHMED BADINI, D&SJ, DERA ALLAH YAR VS CHAIRMAN AND MEMBER OF ADMINISTRATION COMMITTEE AND PROMOTION COMMITTEE OF HIGH COURT OF BALOCHISTAN Cause of action---Scope---Cause of action is predominantly a technical legal term meant for th…
2022 PLC(CS) 610 SUPREME-COURT
BASHIR AHMED BADINI, D&SJ, DERA ALLAH YAR VS CHAIRMAN AND MEMBER OF ADMINISTRATION COMMITTEE AND PROMOTION COMMITTEE OF HIGH COURT OF BALOCHISTAN Promotion---Eligibility and fitness---Distinction---Question of eligibility is different from…
2022 PLC(CS) 610 SUPREME-COURT
BASHIR AHMED BADINI, D&SJ, DERA ALLAH YAR VS CHAIRMAN AND MEMBER OF ADMINISTRATION COMMITTEE AND PROMOTION COMMITTEE OF HIGH COURT OF BALOCHISTAN R. 19---ad-hoc employee---Seniority---Seniority in the grade to which a civil servant is promo…
2022 PLC(CS) 610 SUPREME-COURT
BASHIR AHMED BADINI, D&SJ, DERA ALLAH YAR VS CHAIRMAN AND MEMBER OF ADMINISTRATION COMMITTEE AND PROMOTION COMMITTEE OF HIGH COURT OF BALOCHISTAN R. 8-B--- acting charge appointment--- Scope---acting charge appointment does not amount to an…
2022 PLC(CS) 610 SUPREME-COURT
BASHIR AHMED BADINI, D&SJ, DERA ALLAH YAR VS CHAIRMAN AND MEMBER OF ADMINISTRATION COMMITTEE AND PROMOTION COMMITTEE OF HIGH COURT OF BALOCHISTAN Judgment in rem---Scope---Where the Tribunal or the Supreme Court decides a point of law relat…
2022 PLC(CS) 610 SUPREME-COURT
BASHIR AHMED BADINI, D&SJ, DERA ALLAH YAR VS CHAIRMAN AND MEMBER OF ADMINISTRATION COMMITTEE AND PROMOTION COMMITTEE OF HIGH COURT OF BALOCHISTAN Promotion---'Eligibility' and 'fitness'---Factors to be considered---Eligibility itself is not…
2022 PLC(CS) 610 SUPREME-COURT
BASHIR AHMED BADINI, D&SJ, DERA ALLAH YAR VS CHAIRMAN AND MEMBER OF ADMINISTRATION COMMITTEE AND PROMOTION COMMITTEE OF HIGH COURT OF BALOCHISTAN R. 19---ad-hoc employee---No vested right of regular appointment---Scope---ad hoc appointment…
2022 PLC(CS) 610 SUPREME-COURT
BASHIR AHMED BADINI, D&SJ, DERA ALLAH YAR VS CHAIRMAN AND MEMBER OF ADMINISTRATION COMMITTEE AND PROMOTION COMMITTEE OF HIGH COURT OF BALOCHISTAN Seniority---Retrospective effect---Seniority with retrospective effect cannot be conferred unl…
2022 PLC(CS) 610 SUPREME-COURT
BASHIR AHMED BADINI, D&SJ, DERA ALLAH YAR VS CHAIRMAN AND MEMBER OF ADMINISTRATION COMMITTEE AND PROMOTION COMMITTEE OF HIGH COURT OF BALOCHISTAN Merger, doctrine of---Scope and applicability---In case an appeal or revision is provided befo…
2022 PLC(CS) 610 SUPREME-COURT
BASHIR AHMED BADINI, D&SJ, DERA ALLAH YAR VS CHAIRMAN AND MEMBER OF ADMINISTRATION COMMITTEE AND PROMOTION COMMITTEE OF HIGH COURT OF BALOCHISTAN antedated promotion---Departmental Promotion Committee (DPC)---Delay in holding DPC meeting---…
2022 PLC(CS) 659 SUPREME-COURT
PROVINCE OF SINDH VS SHAHZAD HUSSAIN TALPUR R. 4(1)---Sindh Public Service Commission (Functions) Rules, 1990, R. 3(1)(i)---Special Auditor, Cooperative Societies---Appointment, legality of---Special Auditor was required to be selected by t…
2022 PLC(CS) 659 SUPREME-COURT
PROVINCE OF SINDH VS SHAHZAD HUSSAIN TALPUR appointment---Use of the term "competent authority" in notifications, orders, office memorandums, instructions, letters and other communications---Deprecated---Using the term 'competent authority'…
2022 PLC(CS) 679 SUPREME-COURT
SENIOR SUPERINTENDENT OF POLICE (OPERATIONS) VS SHAHID NAZIR R. 6(3)(b)---Misconduct---Involvement in criminal cases and failure to perform duty efficiently---Whether competent authority could dispense with regular inquiry in view of regist…
2022 PLC(CS) 679 SUPREME-COURT
SENIOR SUPERINTENDENT OF POLICE (OPERATIONS) VS SHAHID NAZIR Concurrent departmental disciplinary proceedings' and 'criminal proceedings' against an employee over the same allegations---Distinction and purpose stated.
2022 PLC(CS) 679 SUPREME-COURT
SENIOR SUPERINTENDENT OF POLICE (OPERATIONS) VS SHAHID NAZIR R. 6(3)(b)---Discretion of department to dispense with regular inquiry---Scope---No hard and fast rule that in each and every case after issuing show cause notice the regular inqu…
2022 PLC(CS) 701 SUPREME-COURT
DEPUTY DIRECTOR FINANCE AND ADMINISTRATION FATA VS Dr. LAL MARJAN 'Casus omissus', principle of---Scope---Said principle provides that, where the legislature has not provided something in the language of the law, the Court cannot travel bey…
2022 PLC(CS) 701 SUPREME-COURT
DEPUTY DIRECTOR FINANCE AND ADMINISTRATION FATA VS Dr. LAL MARJAN Contractual employees---Regularization in service---Long service is no ground for regularization---Regularization has to be supported by legislation and is not an automatical…
2022 PLC(CS) 701 SUPREME-COURT
DEPUTY DIRECTOR FINANCE AND ADMINISTRATION FATA VS Dr. LAL MARJAN Contractual employees---Regularization in service---Regularization is not a vested right but requires a statutory basis---Where a contractual employee wishes to be regularize…
2022 PLC(CS) 730 SUPREME-COURT
NATIONAL ELECTRIC POWER REGULATORY AUTHORITY (NEPRA) VS AIJAZ AHMED Probationary employees---Unsatisfactory performance during probation period---Termination of service---In case of a probationary employee the competent authority is possess…
2022 PLC(CS) 745 SUPREME-COURT
SINDH IRRIGATION AND DRAINAGE AUTHORITY VS GOVERNMENT OF SINDH Ss. 12(1) & 16---Employees of Sindh Irrigation and Drainage Authority ("SIDA")---Appointment---Power of Board of Management---Scope---Powers to appoint the staff of SIDA vests w…
2022 PLC(CS) 745 SUPREME-COURT
SINDH IRRIGATION AND DRAINAGE AUTHORITY VS GOVERNMENT OF SINDH Fraud vitiates the most solemn proceedings.
2022 PLC(CS) 745 SUPREME-COURT
SINDH IRRIGATION AND DRAINAGE AUTHORITY VS GOVERNMENT OF SINDH Public functionary---Fiduciary duty---Scope---Public functionaries owe a fiduciary duty to act in good faith and discharge their duties with honesty and in accordance with law--…
2022 PLC(CS) 745 SUPREME-COURT
SINDH IRRIGATION AND DRAINAGE AUTHORITY VS GOVERNMENT OF SINDH Government official, powers of---Scope---Such an official can only exercise as much power as is granted to him/her by law.
2022 PLC(CS) 745 SUPREME-COURT
SINDH IRRIGATION AND DRAINAGE AUTHORITY VS GOVERNMENT OF SINDH Ss. 3 & 12(1)--- Employees of Sindh Irrigation and Drainage Authority ("SIDA")---Said employees were not civil servants; they were not employed by the Provincial or Federal Publ…
2022 PLC(CS) 745 SUPREME-COURT
SINDH IRRIGATION AND DRAINAGE AUTHORITY VS GOVERNMENT OF SINDH S. 5(2)---Civil Procedure Code (V of 1908), S. 12(2)---application under Section 12(2), C.P.C.---Sindh Service Tribunal, jurisdiction of---Scope---Said Tribunal had jurisdiction…
2022 PLC(CS) 745 SUPREME-COURT
SINDH IRRIGATION AND DRAINAGE AUTHORITY VS GOVERNMENT OF SINDH S. 2(1)(b)---"Civil servant"---Meaning---Civil servant is someone who has been employed by the competent authority i.e., either the Provincial or Federal Public Service Commissi…
2022 PLC(CS) 765 SUPREME-COURT
DIVISIONAL ACCOUNTS OFFICER, PAKISTAN RAILWAYS, RAWALPINDI VS MUHAMMAD YASEEN (DECEASED) Medical allowance for pensioners---Employee of Pakistan Railways allowed move over to BS-16 claiming benefit of medical allowance for BS-15 employees o…
2022 PLC(CS) 794 SUPREME-COURT
HADAYAT ULLAH VS FEDERATION OF PAKISTAN Ss. 2(d) & 4 & Preamble---Constitution of Pakistan, Arts. 4, 8, 9, 18, 25, 184(3) & 187---Sacked Employees (Re-instatement) Act, 2010, ('Act of 2010'), vires of---Said Act of 2010 was violative of, in…
2022 PLC(CS) 794 SUPREME-COURT
HADAYAT ULLAH VS FEDERATION OF PAKISTAN Scope---Parliamentary sovereignty or legislative supremacy was the cornerstone of a strong democracy---Courts must, therefore, recognize the central role of the legislature---Undermining the legislatu…
2022 PLC(CS) 794 SUPREME-COURT
HADAYAT ULLAH VS FEDERATION OF PAKISTAN Ss. 2(f)(vi), 4(a), 10, 11, 12 & 13 & Preamble---Constitution of Pakistan, Arts. 4, 9 & 25---Sacked Employees (Re-instatement) Act, 2010, ('Act of 2010'), vires of---By way of judgment under review th…
2022 PLC(CS) 837 SUPREME-COURT
GOVERNMENT OF KHYBER PAKHTUNKHWA through Chief Secretary, Peshawar VS INTIZAR ALI 'Ultra vires' and 'illegal'---Distinction---Term 'ultra vires' literally means "beyond powers" or "lack of power"; it signifies a concept distinct from "illeg…
2022 PLC(CS) 837 SUPREME-COURT
GOVERNMENT OF KHYBER PAKHTUNKHWA through Chief Secretary, Peshawar VS INTIZAR ALI arts. 185 & 199---Factual controversies---Superior Courts can not engage in factual controversies---Matters pertaining to factual controversy can only be reso…
2022 PLC(CS) 837 SUPREME-COURT
GOVERNMENT OF KHYBER PAKHTUNKHWA through Chief Secretary, Peshawar VS INTIZAR ALI S.7 & Preamble---Sacked employees---Pre-requisites for reinstatement under the Khyber Pakhtunkhwa Sacked Employees (Appointment) Act, 2012 ('the 2012 Act')---…
2022 PLC(CS) 837 SUPREME-COURT
GOVERNMENT OF KHYBER PAKHTUNKHWA through Chief Secretary, Peshawar VS INTIZAR ALI arts. 4 & 9---Civil service---Government departments---Practice of not formulating statutory rules of service---Such practice was deprecated by the Supreme Co…
2022 PLC(CS) 837 SUPREME-COURT
GOVERNMENT OF KHYBER PAKHTUNKHWA through Chief Secretary, Peshawar VS INTIZAR ALI Natural and ordinary meaning of words---When meaning of a statute is clear and plain language of statute requires no other interpretation then intention of Le…
2022 PLC(CS) 837 SUPREME-COURT
GOVERNMENT OF KHYBER PAKHTUNKHWA through Chief Secretary, Peshawar VS INTIZAR ALI Temporary/contract/project employees---Such employees had no vested right to claim regularization.
2022 PLC(CS) 859 SUPREME-COURT
CAPITAL DEVELOPMENT AUTHORITY through Chairman, Islamabad VS SHABIR HUSSAIN Scope---Principles of natural justice were firmly established and deep rooted in the judicial conscience and was entrenched and embedded in every decision making fu…
2022 PLC(CS) 859 SUPREME-COURT
CAPITAL DEVELOPMENT AUTHORITY through Chairman, Islamabad VS SHABIR HUSSAIN Promotion---Departmental Promotion Committee, role of---As a rule, the Departmental Promotion Committee (DPC) was constituted by the competent authority to consider…
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