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SCMR 2024 Supreme Court of Pakistan

2024 S C M R 1862

ABDIL ALI — Petitioner Versus ADDITIONAL DISTRICT JUDGE, GOJRA and others — Respondents
Decided Date: Civil Petition No. 2293-L of 2016, decided on 2nd September, 2024.
Summary: (On appeal from the judgment dated 24.06.2016 of the Lahore High Court, Lahore passed in W.P. No. 22019 of 2016). — S. 12 — Transfer of Property Act (IV of 1882), S. 54 — Suit for specific performance of agreement to sell immoveable property — Cut-o...
SCMR 2024 Supreme Court of Pakistan

2024 S C M R 1852

TOWN ADMINISTRATION and another — Petitioners Versus MOHAMMAD KHALID and others — Respondents
Decided Date: Civil Petitions Nos. 2697-L and 2698-L of 2016, decided on 28th June, 2024.
Summary: (Appeal against the order dated 23.06.2016 passed by the Lahore High Court, Lahore in W.Ps. Nos. 21263 and 21265 of 2016). — Sched., S.Os. 1(b), 1(e) & 12 — Employees employed for a continuous period exceeding nine months — Dismissal from service wi...
SCMR 2024 Supreme Court of Pakistan

2024 S C M R 1839

MUHAMMAD RIAZ and others — Petitioners/Appellants Versus The STATE and others — Respondents
Decided Date: Criminal Appeal No.144-L of 2020 and Civil Petition No.282-L of 2024, decided on 22nd May, 2024.
Summary: (On appeal against the judgment dated 02.10.2019 passed by the Lahore High Court, Lahore, in Crl. Appeal No.102232-J/2017 and Capital Sentence Reference No.18-T of 2017). — Ss. 302(b), 324 & 149 — Qatl-i-amd, attempt to commit qatl-i-amd, unlawful a...
SCMR 2024 Supreme Court of Pakistan

2024 S C M R 1831

SUPERINTENDENT OF POLICE, HEADQUARTERS, LAHORE and others — Petitioners Versus IJAZ ASLAM and others — Respondents
Decided Date: Civil Petitions Nos. 3105-L to 3114-L and 3119-L to 3122-L of 2023, decided on 7th August, 2024.
Summary: (On appeal against the judgment dated 16.05.2023 passed by the Punjab Service Tribunal, Lahore in Appeals Nos. 3482 to 3488, 4259, 4571 of 2022 and 435 to 439 of 2023). — Service matters — Punishment, award of — Institutional autonomy — Concept of i...
SCMR 2024 Supreme Court of Pakistan

2024 S C M R 1816

ISLAMIC REPUBLIC OF PAKISTAN through Secretary, Ministry of Defence and another — Appellants Versus Messrs RASHID BUILDERS (PVT.) LIMITED — Respondent
Decided Date: Civil Appeal No.296 of 2015, decided on 10th July, 2024.
Summary: (Against the judgment dated 10. 12.2014 passed by the Lahore High Court, Lahore in R.F.A. No.67 of 1998). — S. 10 — Suit for recovery of money — Contractual liabilities — "But-for" Test — Applicability — Delay caused in completion of project — Deter...
SCMR 2024 Supreme Court of Pakistan

2024 S C M R 1811

IMRAN alias MANI — Appellant Versus The STATE — Respondent
Decided Date: Criminal Shariat Appeal No. 2 of 2018, decided on 8th August, 2024.
Summary: (Against the judgment dated 24.01.2012 of the Federal Shariat Court, Islamabad passed in Criminal Appeal No. 164-L of 2004 and Crl. Murder Reference No. 8-L of 2005). — Ss. 302(b) & 34 — Offence of Zina (Enforcement Of Hudood) Ordinance (VII of 1979...
SCMR 2024 Supreme Court of Pakistan

2024 S C M R 1806

KHALID alias MUHAMMAD KHALID and others — Petitioners Versus COLLECTOR OF CUSTOMS (ADJUDICATION), CUSTOM HOUSE, LAHORE and others — Respondents
Decided Date: Civil Petition No.3391 of 2024, decided on 9th August, 2024.
Summary: (Against order of the Lahore High Court, Lahore dated 28.06.2024 passed in W.P No.20130 of 2024). — Ss. 194-A & 194-B — Constitution of Pakistan, Art. 199 — Customs Appellate Tribunal — Power of Appellate Tribunal to execute orders passed by it — Cu...
SCMR 2024 Supreme Court of Pakistan

2024 S C M R 1802

SHAMEEM KHAN — Appellant Versus The STATE — Respondent
Decided Date: Criminal Shariat Appeal No. 05 of 2018, decided on 8th August, 2024.
Summary: (Against the judgment dated 07.03.2017 of the Federal Shariat Court passed in Crl. A. No. 15-I and M.R. No. 02-I of 2016 along with Crl. A. No. 60-I of 2009). — Ss. 302(b) & 392 — Pakistan Arms Ordinance (XX of 1965), S. 13 — Qatl-i-amd, robbery, po...
SCMR 2024 Supreme Court of Pakistan

2024 S C M R 1796

Mst. MUSSARRAT SHAHEEN — Petitioner Versus Mst. VERBEENA KHAN AFROZ and others — Respondents
Decided Date: Civil Petition No. 562-K of 2024, decided on 8th August, 2024.
Summary: (Against the order dated 17.05.2024/01.08.2024 passed by the High Court of Sindh, Karachi in C. P. No.S-45 of 2023). — S. 15 — Specific Relief Act (I of 1877), S. 42 — Tenant claiming ownership over rented property by filing a suit for declaration —...
SCMR 2024 Supreme Court of Pakistan

2024 S C M R 1791

ZAFAR IQBAL and others — Petitioners Versus MUHAMMAD RAFIQ and others — Respondents
Decided Date: Civil Appeal No.477-L of 2011, decided on 6th August, 2024.
Summary: (On appeal against the judgment dated 13.10.2011 passed by the Lahore High Court, Lahore in Civil Revision No.773 of 2005). — Joint (undivided) khata — Vendee (buyer), right of — Vendee, who buys from a co-sharer, who owns an undivided khata in comm...
SCMR 2024 Supreme Court of Pakistan

2024 S C M R 1782

REHMATULLAH and 2 others — Appellants Versus The STATE — Respondent
Decided Date: Criminal Appeals Nos. 23-Q and 24-Q of 2020, decided on 29th July, 2024.
Summary: (On appeal from the judgment dated 31.7.2018 passed by the High Court of Balochistan, Quetta in Criminal Appeal No.401 of 2017, Criminal Appeal No.415/2017 and Criminal Appeal No.442 of 2017). — Case based on circumstantial evidence — Principle — In...
SCMR 2024 Supreme Court of Pakistan

2024 S C M R 1773

ZAFAR ALI ABBASI and another — Appellants/Petitioners Versus ZAFAR ALI ABBASI and others — Respondents
Decided Date: Criminal Appeal No. 577 of 2019 and Crl. P. No. 596 of 2016, decided on 13th May, 2024.
Summary: (Against the judgment dated 17.03.2016 of the Lahore High Court, Rawalpindi Bench passed in Crl. Appeal No.198 of 2012). — S. 302(b) — Qatl-i-amd — Reappraisal of evidence — Unnatural conduct of complainant and eye-witness — Admittedly, the appellan...
SCMR 2024 Supreme Court of Pakistan

2024 S C M R 1770

MUHAMMAD SALEEM — Petitioner Versus ADDITIONAL DISTRICT JUDGE — Respondent
Decided Date: Civil Petition No.3601-L of 2022, decided on 23rd July, 2024.
Summary: (On appeal against the order dated 28.10.2022 of the Lahore High Court, Lahore passed in W.P. No. 65452 of 2022). — S. 5 — Recovery of decretal amount — Misconduct — Concealment of facts — Costs imposition of — During execution proceedings, High Cou...
SCMR 2024 Supreme Court of Pakistan

2024 S C M R 1767

MUHAMMAD AIN-UL-HAQ — Petitioner Versus ABDUL ALI and another — Respondents
Decided Date: Civil Petition No. 662-K of 2024, decided on 25th July, 2024.
Summary: (Against the order dated 13.05.2024 passed by the High Court of Sindh, Karachi in C.P. No. S-524 of 2024). — S. 15 — Eviction of tenant — Execution proceedings — Scope — Tenant challenging only the execution proceedings rather than the original evic...
SCMR 2024 Supreme Court of Pakistan

2024 S C M R 1757

GHULAM MURTAZA SHEIKH and another — Petitioners Versus The CHIEF MINISTER, SINDH and others — Respondents
Decided Date: Civil Petitions Nos. 646-K to 647-K of 2021, decided on 9th August, 2024.
Summary: (Appeal against the judgment dated 30.03.2021 passed by the Sindh Service Tribunal at Karachi in Appeals Nos. 867 and 823 of 2018). — Inquiry proceedings — No opportunity provided to accused official to cross-examine witnesses — Effect — Violation o...
SCMR 2024 Supreme Court of Pakistan

2024 S C M R 1749

BILAL HAQUE — Petitioner Versus KAMRAN ALI AFZAL, SECRETARY, CABINET DIVISION, ISLAMABAD and others — Respondents
Decided Date: Criminal Original Petitions Nos. 19 and 20 of 2024, decided on 17th August, 2024.
Summary: — S. 3 — Constitution of Pakistan, Art. 204 — Contempt of Court — Show cause notice, issuance of — Illegally running a restaurant in protected area of Margalla Hills National Park ('the National Park') — Alleged contemnor had voluntarily agreed to va...
SCMR 2024 Supreme Court of Pakistan

2024 S C M R 1741

MUHAMMAD JAHANGIR and another — Petitioners Versus The STATE and others — Respondents
Decided Date: Jail Petition No. 514 of 2016 and Crl. P. 1011-L of 2016, decided on 6th May, 2024.
Summary: (Against the judgment dated 22.06.2016 passed by the Lahore High Court, Bahawalpur Bench passed in Crl. Appeal No. 313-J of 2012). — S. 302(b) — Qatl-i-amd — Reappraisal of evidence — Belateldy lodged FIR — Presence of eye-witnesses at scene of occu...
SCMR 2024 Supreme Court of Pakistan

2024 S C M R 1738

YAR MUHAMMAD KHAN — Petitioner Versus The STATE and another — Respondents
Decided Date: Criminal Petition No.271 of 2024, decided on 25th July, 2024.
Summary: (On appeal against the judgment dated 15.03.2024 of the Peshawar High Court, Peshawar passed in Crl. Misc. (B.A.) No.372-P/ 2024). — S. 497 — Penal Code (XLV of 1860), Ss. 302, 324, 337-F (v) & 337-A(i) — Constitution of Pakistan, Art. 185 (3) — Qat...
SCMR 2024 Supreme Court of Pakistan

2024 S C M R 1731

MUHAMMAD NAWAZ and another — Petitioners Versus The STATE and others — Respondents
Decided Date: Crl. Petitions Nos. 522-L of 2018, 1008-L of 2014, 599-L and 557-L of 2018, decided on 25th September, 2023.
Summary: (On appeal from the judgment of the Lahore High Court, Lahore dated 26.02.2018 passed in M.R. No. 264 of 2013, Crl. A. No.1717 of 2013, Crl. A. No. 1171 of 2013, Crl. A. No. 1377 of 2013 and Crl. Revision No. 677 of 2013). — S. 302(b) — Qatl-i-amd —...
SCMR 2024 Supreme Court of Pakistan

2024 S C M R 1722

SAKHIB ZAR — Petitioner Versus Messrs K-ELECTRIC LIMITED and others — Respondents
Decided Date: Civil Petition No. 307-K of 2023, decided on 10th June, 2024.
Summary: (Against the judgment dated 22.11.22 passed by High Court of Sindh at Karachi, in C.P. No. D-255 of 2022). — S.O. 15 — Punishments — Quantum — Scope — As soon as act of misconduct is established and employee is found guilty after due process of law,...