Constitutional Law
993 judgments — showing 301-400
Constitution Petition is maintainable if petitioner is deprived anyway
PLJ 1991 Lahore 345 Present: MALIK MUHAMMAD QAYYUM, J IHSANULLAH BAJWA-Pctitioner versus CHAIRMAN, CITY AND REGIONAL PLANNING DEPARTMENT, and others-Respondents . Writ Petition No 7845 of 1990, accepted on 30.3.1991 (i)…
Judgment in a case under Cantonments Act, 1925
PLJ 1991 Lahore 476 [Rawalpindi Bench] Present: GUL ZARIN KIANI, J ZAFAR IQBAL-Petitioner Versus CANTONMENT BOARD, RAWALPINDI, and another-Respondents Writ Petition No.342 of 1991, dismissed on 3.4.1991. Civil Procedure…
Grandparents are not responsible for maintenance in presence of father
PLJ 1991 SC 316 [Appellate Jurisdiction] Present: MUHAMMAD AFZAL ZULLAH, CJ AND ABDUL CjADEER CHAUDHRY J. GHULAM NABI-Appellant versus MUHAMMAD ASGHAR and 3 others-Respondents Civil Appeal No.291 of 1989, dismissed on 13…
High court can not determine question of facts
Citation Name : 2011 SCMR 1990 SUPREME-COURT Side Appellant : FIDA HUSSAIN Side Opponent : Mst. SAIQA Art. 199---Constitutional petition---Factual controversy---Recording of statement---Respondent filed constitutional pe…
Impleading Minister as a Party in a suit
PLJ 1990 SC 543 [Appellate jurisdiction] Present: NASIM HASAN SHAH, SiiAFiuR REHAMAN, ZAFFAR HUSSAIN MIRZA, ALI HUSSAIN OAZILBASII AND ABDUL QADEER CHAUDHRY, JJ AMANULLAH KHAN and another-Appellants versus FEDERAL GOVT.…
Imran Khan's Petition against Election Commission of Pakistan
IN THE SUPREME COURT OF PAKISTAN (Original Jurisdiction) Present: Mr. Justice Iftikhar Muhammad Chaudhry, CJ Mr. Justice Gulzar Ahmed Mr. Justice Sh. Azmat Saeed Constitution Petitions No.39 & 90 of 2011 Ch. Nasir Iqbal…
Penalty in Rent Agreement is Prohibited under Section 11 of IRRO
2013 C L C 963 [ Islamabad ] Before Iqbal Hameed-ur-Rahman, C.J. ZHANGE GUOGEN----Petitioner Versus Mst. JAHANZEBA BEGUM and others----Respondents Writ Petition No.1728 of 2009, heard on 16th March, 2011. Islamabad Rent…
Judgment on Ejectment of Tenant
2013 C L C 963 [ Islamabad ] Before Iqbal Hameed-ur-Rahman, C.J. ZHANGE GUOGEN----Petitioner Versus Mst. JAHANZEBA BEGUM and others----Respondents Writ Petition No.1728 of 2009, heard on 16th March, 2011. Islamabad Rent…
Judgment on Tenant and Landlord Relationship
2008 C L C 1666 [ Islamabad ] Before Syed Qalb-i-Hassan, J MUHAMMAD TAJ----Petitioner Versus MUHAMMAD YOUNIS KHILJI and another----Respondents Writ Petition No.677 of 2008, decided on 6th August, 2008. (a) Islamabad Rent…
PLJ 2018 Islamabad 276
Present : Miangul Hassan Aurangzeb, J. M/s. PANTHER DEVELOPERS--Petitioner versus ADDITIONAL DISTRICT JUDGE (ADJ), WEST, ISLAMABAD and 2 others--Respondents W.P. No. 977 of 2018, decided on 10.4.2018. Islamabad Rent Rest…
Detailed Judgment on Riba PLD 2000 SC 225
[Shariat Appellate Jurisdiction] Present: Justice Khalil-ur-Rehman Khan, Chairman, Justice Munir A. Sheikh, Justice Wajihuddin Ahmed and Justice Maulana Muhammad Taqi Usmani, Members Civil Shariat Appeal No. l of 1992 Dr…
PLJ 2018 Islamabad 166
Present : Athar Minallah, J. FARRUKH NAWAZ BHATTI--Petitioner versus FEDERAL GOVERNMENT through Prime Minister of Pakistan & 3 others--Respondents W.P. No. 3481 of 2016, decided on 29.12.2017. Capital Development Authori…
Judgment on Jurisdiction of Rent Controller
2012 S C M R 248 [Supreme Court of Pakistan] Present: Iftikhar Muhammad Chaudhry, C.J., Khilji Arif Hussain and Tariq Parvez, JJ JAVED KHAN ABBASI---Petitioner Versus ZUBAIR ASLAM and others---Respondents Civil Petition…
THE WEST PAKISTAN FAMILY COURTS RULES, 1965
[Gazette of West Pakistan, Extraordinary, 2nd November 1965] No. Intg. 10‑31/64 (ii).‑In exercise of the powers conferred by section 26 of the West Pakistan Family Courts Act, 1964 (Act No. XXXV of 1964), the Governor of…
Exemption of Golra in the lights of Supreme Court Judgment
IN THE SUPREME COURT OF PAKISTAN (Original Jurisdiction) PRESENT: MR. JUSTICE IFTIKHAR MUHAMMAD CHAUDHRY, CJ MR. JUSTICE GHULAM RABBANI SUO MOTU CASE NO. 13 OF 2009 [Action on press clipping from the Daily “Patriot”, Isl…
Eviction of Tenant in case notice is not served under section 19
2004 S C M R 1852 [Supreme Court of Pakistan] Present: Nazim Hussain Siddiqui, C.J., Abdul Hameed Dogar and Muhammad Nawaz Abbasi, JJ SHER JANG---Appellant Versus DISTRICT JUDGE, ISLAMABAD and 4 others---Respondents Civi…
Writ of Quo Warranto Case Law
P L J 1983 Qoetta 36 Before : ABDUL QADEER CHAUDHARY & MuFTAKHfRUD DIN, JJ SAIFUDD1N—Petitioner versus CHAMBER OF COMMERCE Balauchistan, Quetta and 2 Others—Respondents Constitutional Petition No. 91 of 1982 decided on 7…
PLJ 2015 Lahore 970
Present : Ali Baqar Najafi , J. Syed MUHAMMAD ALI RAZA --Petitioner versus PROVINCE OF PUNJAB , through D.C.O. Lahore etc.--Respondents W.P. No. 26026 of 2014, decided on 19.5.2015. Muslim Family Laws Ordinance, 1961 (VI…
Wife cannot be compelled to live with husband whom she hates
PL J 1996 Karachi 1115 Present: ABDUL HAMEED DOGAR, J. Mst. KIRAN SABAH-Petitioner versus IIND ADDITIONAL DISTRICT JUDGE and another-Respondents Constitutional Petition No. S-1076 of 1995, decided on 1st February, 1996.…
Const. P. 3906/2026 (D.B.) Sajid Maroof V/S Province of Sindh & Ors
In view of the above, no further direction under Article 199 of the Constitution is required in the matter as discussed in the preceding paragraph. 13. The petition is accordingly disposed of with the observation that th…
Const. P. 3305/2026 (D.B.) Muhammad Hassan Raza V/S Federation of Pakistan & others
Accordingly, the instant petition is disposed of with direction to the petitioner to approach the learned Courts which passed the impugned orders of blocking of CNIC, and upon filing such applications, the learned Court …
Const. P. 3157/2026 (D.B.) Hayatullah V/S Province of Sindh & others
Since the alleged detenue has appeared before this Court and has unequivocally stated that she is residing with Respondent No.15 voluntarily and is not under illegal confinement, the principal grievance regarding her all…
Const. P. 4159/2026 (D.B.) Abbas Malik V/S Province of Sindh & others
In these circumstances, the extraordinary constitutional jurisdiction of this Court under Article 199 of the Constitution is not warranted at this stage, particularly when disputed questions of fact requiring proper inve…
Const. P. 4225/2026 (D.B.) Syed Khalid Shah V/S Federation of Pakistan & others
The petitioner has also failed to establish infringement of any enforceable fundamental right capable of judicial enforcement in the facts and circumstances of the present case. Mere dissatisfaction with the prevailing p…
Const. P. 440/2026 (S.B.) Waseem Ahmed V/S Province of Sindh & Others
Accordingly, finding no present violation of any fundamental right warranting interference under Article 199 of the Constitution, and there being no legal justification to restrain the respondents from performing their s…
Const. P. 2860/2026 (D.B.) Muhammad Waheed V/S Federation of Pakistan & others
Accordingly, this constitutional petition is disposed of with a direction to the competent authority of the respondents to decide the petitioner's representation/application dated 15.06.2026, by means of a reasoned and s…
444/2019 Const. P. Aam Loeg Ittehad & Ors (Petitioner) V/S Election Commission of Pakistan and Ors (Respondent)
A Divisional Bench of this Court comprising of Mr. Justice Aqeel Ahmed Abbasi and Mr. Justice Zulfiqar Ahmad Khan, has pronounced the judgment on 12.06.2020 filed by Aam Log Ittehad, through its Secretary General Azhar J…
1511/2005 Const. P. K.E.S.C Labour Union and others (Petitioner) V/S Fed. of Pakistan and ors. (Respondent)
WRIT PETITION UNDER ARTICLE 199 OF THE CONSTITUTION OF ISLAMIC REPUBLIC OF PAKISTAN, 1973 1. A Divisional Bench of this Court comprising of Mr. Justice Aqeel Ahmed Abbasi and Mr. Justice Arshad Hussain Khan has pronounce…
2/2021 Const. P. Salman Bari S/o Abdul Bari (Petitioner) V/S Samia Khan and another (Respondent)
Under Article 199 of Constitution, Petitioner seeks recall of order dated 01.12.2020, whereby non-bailable warrants (NBWs) was issued against the petitioner-- Section 51, CPC-- In the present case, the petitioner has spe…
4674/2018 Const. P. Pakistan Services Ltd (Petitioner) V/S Full Bench NIRC & Ors (Respondent)
(i) Whether Petitioner-PSL has locus standi to approach this Court as an aggrieved party under Article 199 of the Constitution against the decisions of NIRC? (ii) Whether petitioner-PSL is a Trans-Provincial Organization…
7241/2015 Const. P. Muhammad Saleem Baloch and Others (Petitioner) V/S Province of Sindh and Others (Respondent)
In view of the foregoing, we find that a five-member Bench of the Honble Supreme Court in the case of Gul Taiz Khan Marwat (supra) has decided the question of maintainability of a Constitutional Petition under Article 19…
1014/2016 Const. P. Faraz Alamgir (Petitioner) V/S ADJ-VIII Karachi South & Ors (Respondent)
The petitioner through the instant constitutional petition has challenged the order passed by the learned Additional District and Session Judge Karachi (South) while dismissing the family Appeal filed by petitioner uphel…
763/2021 Const. P. Ayub Khan (Petitioner) V/S The Dist & Session Judge West and Ors (Respondent)
the appointment of sons of deceased/retired and serving employees of the District and subordinate Courts--whether the Petitioners son is entitled to be appointed on the son quota basis in view of policy decision /directi…
3465/2022 Const. P. Tahir Hussain (Petitioner) V/S DG SBCA and Others (Respondent)
Under Section 16 of the SBC Ordinance, 1979, an adequate remedy through an appeal is available, offering two forums for aggrieved parties. Therefore, without exhausting the remedy of filing an appeal against any illegali…
639/2010 Const. P. Abrar Hussain (Petitioner) V/S VIIth A.D.J. South at Karachi & Ors (Respondent)
Legal Practitioners and Bar Councils Act (XXXV of 1973)--- ----Ss. 41(2)(4) Proviso, 42 & 55---Legal Practitioners and Bar Councils Rules, 1976, Chap. XII---Civil Procedure Code (V of 1908), Ss.151 & 153---Constitution o…
5256/2023 Const. P. Saleh Muhammad & Others (Petitioner) V/S Province of Sindh & Others (Respondent)
The Sindh Cooperative Societies Act, 2020, along with its accompanying Rules, 2020, provides the framework for appeals to the Government of Sindh. Specifically, Section 18(3) stipulates the right to appeal against the Re…
1704/2018 Const. P. Al-Razzaq Fibres & Ors (Petitioner) V/S Fed. of Pakistan and Others (Respondent)
WRIT PETITION UNDER ARTICLE 199 OF THE CONSTITUTION OF ISLAMIC REPUBLIC OF PAKISTAN, 1973 A Divisional Bench of this Court comprising of Mr. Justice Aqeel Ahmed Abbasi and Mr. Justice Zulfiqar Ahmed Khan has pronounced t…
725/2025 Const. P. Peer Bux (Petitioner) V/S The State (Respondent)
Constitutional Petition: Bail granted to the petitioner in a ???narcotic drug??? case under the Sindh Control of Narcotic Substances Act, 2024…
71/1994 Const. P. Gul Ahmed Textile Mills (Petitioner) V/S Collector of Customs & Ors (Respondent)
Constitutional petition is maintainable even if Federation or Province not impleaded as respondent.…
6793/2021 Const. P. Pakistan Post Office C.H.S (Petitioner) V/S Province of Sindh and Others (Respondent)
The court ruled that land title and possession disputes fall under civil court jurisdiction, not writ jurisdiction per Article 199 of the Constitution, referencing the Illegal Dispossession Act 2005 and the Sindh Public …
6249/2022 Const. P. Ayaz Ali and Others (Petitioner) V/S Fed. of Pakistan and Others (Respondent)
NBP, being a statutory corporation, is amenable to the writ jurisdiction of the High Courts under Article 199 of the Constitution. (ii). Reserving employment for the progeny and widows of deceased employees without subje…
169/2020 Const. P. Fajjar Din (Petitioner) V/S Fed. of Pakistan and Others (Respondent)
This Constitutional Petition has been filed under Article 199 of the Constitution of the Islamic Republic of Pakistan, 1973, praying this Court to issue a writ of certiorari/ mandamus to call for the records relating to …
3257/2010 Const. P. Hafiz Muhammad Tariq (Petitioner) V/S Fed.of Pakistan and others (Respondent)
Progressing further on the subject issue, we have noticed that the (Amendment) Act, 2016, and the decision of the Supreme Court in the case of Shafique Ahmed Khan and others supra came on 21st January 2016, which clarifi…
2358/2015 Const. P. ORI-TECH, OILS PRIVATE LIMITED (Petitioner) V/S The Chief Commissioner Inland Revenue, Regional Tax Office-I, Karachi (Respondent)
The petitioner through the present constitutional petition sought declaration that the petitioner is engaged in the manufacturing process through Toll Manufacturer and thus eligible to be registered as Manufacturer with …
3400/2012 Const. P. Sarfraz Ali (Petitioner) V/S Province of Sindh & Ors. (Respondent)
In the light of above discussion, it is crystal clear that Police Department cannot circumvent the law to make recruitment to the post of police constable on the basis of Son/Shaheed quota by issuing Standing Orders or b…
1575/2017 Const. P. Muhammad Akram Thr. M Anwer Khan (Petitioner) V/S Shri Mahant Baboo Lalgir Mahraj & Others (Respondent)
Sindh Rented Premises Ordinance (XVII of 1979)--- ----Ss. 15, 18, 20 & 21---Ejectment of tenant---Change of ownership on the basis of decree of the Court---Denial of relationship of landlord and tenant by the tenant---De…
452/2024 Const. P. Muhammad Naeemuddin & Others (Petitioner) V/S P.O Sindh & Others (Respondent)
The overlap between the jurisdiction of this Court on its Original Civil Side and under Article 199 of the Constitution of the Islamic Republic of Pakistan 1973 and the manner in which a Court should act in terms of the …
8633/2017 Const. P. Ghulam Ali Bhatia (Petitioner) V/S Fed. of Pakistan and Ors (Respondent)
WRIT PETITION UNDER ARTICLE 199 OF THE CONSTITUTION OF ISLAMIC REPUBLIC OF PAKISTAN, 1973. A Divisional Bench of this Court comprising of Mr. Justice Aqeel Ahmed Abbasi and Mr. Justice Mahmood A. Khan, has pronounced th…
5333/2018 Const. P. Muhammad Umair & Ors (Petitioner) V/S Fed. of Pakistan and Others (Respondent)
It is a general principle of law that in the absence of statutory rules of service a writ petition, in service matters, ought not to be entertained…
5025/2020 Const. P. Aameer Mustaaly Karachiwalla (Petitioner) V/S Deputy Commissioner I.R and Ors (Respondent)
WRIT PETITION UNDER ARTICLE 199 OF THE CONSTITUTION OF ISLAMIC REPUBLIC OF PAKISTAN, 1973 A Divisional Bench of this Court comprising of Mr. Justice Aqeel Ahmed Abbasi and Justice Mrs. Rashida Asad has pronounced the jud…
3075/2015 Const. P. Muhammad Tufail (Petitioner) V/S Chief Naval Staff and Ors (Respondent)
Petitioner was discharged from service of Pakistan Navy vide office order dated 11.3.2014 in terms of rule 0240 of Naval Regulation. The petitioner has invoked the constitutional jurisdiction of this Court, seeking decla…
1094/2020 Const. P. Suresh Kumar Hindu (Petitioner) V/S P.O Sindh & Others (Respondent)
Precise facts are that Petitioners have challenged the Wheat Release Policy 2020-21 dated 14th October 2020 (said Policy), on the ground that Clause (xii) whereof is violative of the Food Stuffs (Control) Act, 1958, and …
4535/2019 Const. P. Muhammad Jamil Khan (Petitioner) V/S SESSI (Respondent)
Claims, and counter-claims of the parties are disputed questions of facts, which cannot be adjudicated by High Court while exercising the Constitutional Jurisdiction, therefore, on the aforesaid plea, the petitions filed…
7684/2019 Const. P. H.D.A (Petitioner) V/S Province of SIndh and Others (Respondent)
1. writ petition, ordinarily, not maintainable against concurrent findings of two forums below. 2. Work charged employees of Hyderabad Development Authority can approach Labor Court for regularisation and back benefits…
5300/2020 Const. P. Rasheed Alam (Petitioner) V/S Dr. Qadeer Muhammad Ali & Ors (Respondent)
We are also cognizant of the fact that the invocation of the writ of Mandamus under Article 199 of the Constitution of the Islamic Republic of Pakistan, 1973, has been restricted to enforce the terms and conditions of no…
255/2019 Const. P. Mst Iffat & another (Petitioner) V/S Umar Farooque & Others (Respondent)
Family Matter. Filing of a Constitutional petition under Article 199 against concurrent findings of family court and Appellate Court. Not a matter of right and cannot be heard and decided as an appeal as in that case it …
5370/2024 Const. P. Abid Khan and Others (Petitioner) V/S Fed. of Pakistan and Others (Respondent)
The Supreme Court in the case of Muhammad Khalid v. National Accountability Bureau (2017 SCMR 1340) has provided certain guidelines which need to be adhered to by the F.I.A. while probing the cases against the Housing So…
838/2014 Const. P. Imran Ahmed Ansari (Petitioner) V/S Fed. Of Pakistan and ors (Respondent)
1. Since the Petitioners service was terminated under Rule 8(b)(1) of the DHA Service Rules, which rule has since been declared un-constitutional by the Supreme Court of Pakistan in the case of Itrat Sajjad (2017 SCMR 20…
629/2021 Const. P. Javed Ali Balouch (Petitioner) V/S Fed of Pak & Others (Respondent)
7. For the reasons given in the aforesaid judgments, in my view, there can hardly be any doubt that Respondent-Company is also a ???person??? within the meaning of Article 199(1) (a) (ii) read with clause (5) thereof. T…
2201/2017 Const. P. Muhammad Asif Ansari and Ors (Petitioner) V/S Pakistan Televison Corp. and ORs (Respondent)
the foremost questions involved in the present proceedings are whether the re-designation / induction of the private respondents as Producer Programs (G-5) was/is suffering from inherent disqualification under the PTVC r…
5732/2024 Const. P. Trade Smart Securities Pvt Ltd (Petitioner) V/S SECP and Others (Respondent)
No judicial review is made out against the Pakistan Stock Exchange under Article 199(1)(a)(ii) of the 1973 Constitution when an arbitration is ongoing and PSX has not done any act or proceeding in connection with the fun…
372/2023 H.C.A M/s National Refinery Limited (Appellant) V/S Syed Mansoor Ali and Others (Respondent)
Sub-section-2 of Section-3 provides an appeal to a Bench of two or more Judges of High Court from an order made by a single Judge of that Court under clause-1 of Article-199 of the Constitution of Islamic Republic of Pak…
825/2010 Const. P. Hassan Ali Gopang (Petitioner) V/S E.D.O Revenue Kamber Shahdadkot and others (Respondent)
We have prima facie observed that the impugned order was passed in haste without dilating upon the earlier order passed 21 days before by the same Executive District Officer in respect of the same land and it clearly sma…
395/2006 Const. P. Israr Ul Haq & Ors (Appellant) V/S Mst. Zohra Jabeen & Ors (Appellant)
The petitioners through instant constitutional petition has challenged the concurrent finding of facts by the learned courts below, whereby the Rent Controller allowed the fair rent case of the respondent, which order wa…
310/2021 Const. P. Habib Bank Limited (Petitioner) V/S IXth Rent Controller, Khi (Central) & another (Respondent)
-Since statute does not provide remedy of appeal, this petition has been filed to invoke jurisdiction of this Court under Article 199 of Constitution of Islamic Republic of Pakistan, 1973. By dismissal of an application …
821/2021 Const. P. Noor Muhammad Chandio (Petitioner) V/S Federation of Pakistan & others (Respondent)
Petition of Employees of SEPCO (Sukkur Electric Power Company) in respect of service matters is not maintainable under Article 199 of the Constitution.…
1723/2024 Const. P. Sirbuland Khan (Petitioner) V/S R.O PS-112 & Others (Respondent)
*There is no cavil that the point of jurisdiction of this Court is to be addressed first and at no point in time the merits of case should be discussed however the arguments of the petitioner???s counsel are of such natu…
6162/2020 Const. P. Ghulam Shabbir (Petitioner) V/S Province of Sindh and Others (Respondent)
reinstatement in service as Staff SDO (B&R)--immoral activities--Article 199(3) of the Constitution--Dismissed.…
25/2012 Execution Askari Bank Ltd. (Decree Holder) V/S A.H. International (Pvt) Ltd. & OTHERS (Judgment Debtor)
??? BLOCKING OF CNIC. ORDER BY COURT AGAINST DEFENDANT OR JUDGMENT DEBTOR. CONSTITUTIONAL RIGHTS OF CITIZENS. RIGHT TO LIFE. CIVIL RECOVERY PROCEEDINGS. NADRA. ??? Suspension or blocking of CNIC of a citizen carries seve…
575/2009 Const. P. Mrs. Samina Zaheer Abbas (Petitioner) V/S Mr. Hassan S. Akhtar & Ors (Respondent)
Sindh Rented Premises Ordinance (XVII of 1979)--- ----Ss. 16, 21 & 15---Constitution of Pakistan, Arts.199 & 4---Constitutional petition---Scope---Ejectment of tenant---Tentative rent order, non-compliance of---Effect---…
13/2010 II.A. Muhammad Shafiq (Appellant) V/S Muhammad Suleman Jameel & Ors (Respondent)
(a) Sindh Rented Premises Ordinance (XVII of 1979)--- ----S. 21---Civil Procedure Code (V of 1908), 0.1, R. 10--- Ejectment proceedings against tenant---Remedies for a stranger against the order of Rent Controller---Prin…
2636/2009 Const. P. P.N.S.C. (Petitioner) V/S FEd of Pakistan & Orsd (Respondent)
The Supreme Court in Sui Northern Gas Pipelines Limited vs. President of Pakistan (2020 SCMR 242) followed its precedent set in Peshawar Electric Supply Company Ltd. v. Wafaqi Mohtasib, supra. Quoting the PESCO case, th…
2647/2020 Const. P. Dr. Muhammad Ayaz Mustafa (Petitioner) V/S Fed. of Pakistan and Others (Respondent)
relieving him from the post of Director Anti-Quackery Sindh Health Care Commission (`SHCC`)--In view of the above discussion, the petition is not maintainable either on facts or in law. However, before parting with this …
508/2023 Const. P. Muhammad Shoaib Palijo & Ors (Petitioner) V/S Province of Sindh & Others (Respondent)
Petition challenging vires of a law while seeking enforcement of fundamental rights can only be heard by a Constitutional Bench…
580/2020 Const. P. Syed Mansoob Ahmed Khatri and Ors (Petitioner) V/S Fed. of Pakistan and Others (Respondent)
principally the petitioners are seeking inclusion of `Orderly Allowance` in their pensionable emoluments in the light of Amendment No.19 in clause/regulation 46 of Chapter IV (Emoluments) of Civil Aviation Service Regula…
176/2024 Const. P. Abdul Majeed Talani (Petitioner) V/S PO Sindh & Others (Respondent)
Right to seek bail in criminal proceedings before trial court suspended by orders in a writ petition…
676/2024 Const. P. M/s Karachi Shipyard & Engineering (Petitioner) V/S SLAT & Others (Respondent)
In principle cases in Courts are decided on the preponderance of evidence led in the case by the parties, and to reach a just and proper conclusion, the oral as well as the documentary evidence needs to be taken into con…
1017/2017 Const. P. Muhammad Rashid and 93 others (Petitioner) V/S Province of Sindh & others (Respondent)
Petitioners have impugned the Notification whereby they have been relieved / repatriated to their parent department that is Karachi Development Authority. The reason assigned by the competent authority in the said impugn…
2920/2017 Const. P. Mst. Asma Shakeel (Petitioner) V/S Province of Sind and Ors (Respondent)
Ownership disputes over industrial plots and unsubstantiated KDA claims invoke "Nemo dat qui non habet," invalidating KDA allotments. Article 199 enforces pre-existing rights; factual disputes for civil courts. Declarati…
5270/2023 Const. P. Ejaz Ali (Petitioner) V/S Province of Sindh & Others (Respondent)
The perusal of Article 199 (b)(ii) of the Constitution shows that a person performing duties in connection with affairs of the Province could be required to show under what authority he is holding a particular public off…
1178/2019 Const. P. Abdul Hayee S/o Allah Bux Dhamrah (Petitioner) V/S Mst. Haleema and another (Respondent)
Family Courts Act (XXXV of 1964)--- ----Ss. 17-A & 14---Suit for maintenance---Interim order---Scope---Petitioner assailed by Constitutional petition, order passed by Judge Family Court whereby he, on an application unde…
271/2019 Const. P. Imtiaz Hussain (Petitioner) V/S Province of Sindh & Others (Respondent)
In the light of above discussion, it is crystal clear that Police Department cannot circumvent the law to make recruitment to the post of police constable on the basis of Son/Shaheed quota by issuing Standing Orders or b…
7434/2022 Const. P. Muhammad Sami Qureshi (Petitioner) V/S Province of Sindh & Others (Respondent)
it is now well settled that if a person during the pendency of constitutional petition fulfilled the requisite qualification to hold such a post then writ of quo warranto could not be issued against such person as such E…
2701/2022 Const. P. Abdul Shakoor Abro... (Petitioner) V/S Fed. of Pakistan and Others (Respondent)
In this context, it may be observed that the writ jurisdiction of this Court is not meant to be exercised to compel the competent authority to promote a Civil Servant against whom prima facie involvement in serious charg…
469/2022 Const. P. Zain Ahmed (Petitioner) V/S The I.G of Police and Others (Respondent)
To elaborate further on the subject point of law, Article 25 of the Constitution of the Islamic Republic of Pakistan, 1973, guarantees equal treatment to all persons similarly placed. In terms of Article 27 of the Consti…
2739/2011 Const. P. Haji Muhammad Ashraf Memon (Petitioner) V/S Ministry of Housing & Works & Ors (Respondent)
The High Court's constitutional jurisdiction is extraordinary and should only be used when other remedies are unavailable. The Supreme Court's judgment in Dr. Abdul Nabi's case (2023 SCMR 1267) supports this view. ???The…
6242/2018 Const. P. Raheel Mehtab (Petitioner) V/S Fed. of Pakistan and Others (Respondent)
The preceding analysis constrains the conclusion that NADRA's Regulations are non-statutory. Although the petitioner proceeded against the statutory Rules of 1973, their adoption under Regulation 23 of the non-statutory …
5828/2020 Const. P. Shiraz Mazhar (Petitioner) V/S D.H.A and Others (Respondent)
Article 199 of the Constitution allows this Court intervention only when: All other legal remedies have been exhausted, or, no alternative legal remedies exist. To invoke the jurisdiction of this Court, the petitioner mu…
337/2013 Const. P. Malak Zahoor-ul-Haq (Petitioner) V/S 2nd Additional Judge, Sanghar & Others (Respondent)
(a) Civil Procedure Code (V of 1908)--- ----S. 152--- Constitution of Pakistan, Art.199--- Constitutional petition---Correction in judgment--- Scope--- Ejectment order correction of---Reasonable period---Scope---Appellat…
5593/2020 Const. P. Shahbaz Ali (Petitioner) V/S Chairman S.L.A.T & Ors (Respondent)
Constitutional Petition against an interim order of a Labour Court or Labour Appellate Tribunal. HELD Not maintainable…
923/2010 Suit ABDUL REHMAN (Plaintiff) V/S CHAIRMAN M/S.MARI GAS (Defendant)
(a) Limitation Act (IX of 1908)--- ----Art. 22 & S. 3---Suit for damages---Plaintiff sought damages and compensation for mental torture and harassment caused by the change in medical policy of its employer / defendant---…
5879/2016 Const. P. M/s Tuwairqi Steel Mills (Petitioner) V/S 3rd SCJ kARACHI SOUTH (Respondent)
The petitioner through the petition has challenged the order passed by learned IIIrd Senior Civil Judge Karachi (South) whereby the application under Order XXXVIII Rule 5 of CPC of respondent No.2 was allowed. Provision …
631/2010 Const. P. Shamim Begum (Petitioner) V/S Azizul Hasan Khan & Ors (Respondent)
Sindh Rented Premises Ordinance (XVII of 1979)--- ----Ss. 15 & 18---Ejectment of tenant---Change of ownership---Denial of relationship of landlord and tenant by the tenant---Default in payment of rent---Expression "or by…
1802/2017 Const. P. Premier Battery Industries Pvt. Ltd. (Petitioner) V/S Karachi Water and Sewerage Board and another (Respondent)
Once the procuring authorities started bidding/ tendering process, provisions of Rr. 17(3) & 18 of Sindh Public Procurement Regulatory Authority Rules, 2010, would be applicable and such stage was a subsequent one and ha…
1216/2018 Const. P. Mst. Farzana Javed (Petitioner) V/S Mst. Nighat Sultana & others (Respondent)
(a) Sindh Rented Premises Ordinance (XVII of 1979)--- ----S.15---Eviction petition---Default in payment of rent---Personal bona fide need of landlady---Scope---Trial Court dismissed the petition holding that landlady had…
4932/2020 Const. P. Zakia Naz (Petitioner) V/S Province of Sindh and Others (Respondent)
petitioner has impugned the Notice dated 04.09.2020 issued by the respondents for vacating the official accommodation i.e. Flat No. B-18, situated in Government Official Residence (GOR-II) Sindhi Muslim Co-operative Hou…
900/2023 Const. P. Jamsher Ali Sial & Others (Petitioner) V/S P.O Sindh & Others (Respondent)
Section 4 of the Sindh Service Tribunals Act, 1973 provides for in clear terms that any civil servant aggrieved by any final order, whether original or appellate, made by a departmental authority in respect of the terms …
5062/2023 Const. P. Arshad Ali (Petitioner) V/S Furqan uddin Usmani and Others (Respondent)
Petitioner did not file a List of Witnesses under Order 16 Rule 1 CPC at the appropriate stage of the trial. Application to introduce material witnesses to Sale Agreement as Defendant Witnesses dismissed (by trial court?…
712/2022 Const. P. Leela Kalpna Devi (Petitioner) V/S Secretary Minority Government of Sindh and others (Respondent)
Hindu Panchayat, is not a 'person' in terms of Article 199(5), therefore no writ of Certiorari or Mandamus can be issued against its office holders, in terms of Article 199(1) (a) supra. Hindu Panchayat, has no status of…
6696/2014 Const. P. Khayaban-e-Iqbal (Pvt) Limited (Petitioner) V/S Federation of Pakistan & Ors (Respondent)
Through instant petition the petitioner, inter alia, has sought refund of amount Rs.7183168/- which was collected by the respondents from the petitioner on its electricity bills for the month of August 2013 on account of…