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SCMR 2024 Supreme Court of Pakistan

2024 S C M R 1719

AZHAR PERVAIZ BUKHARI — Petitioner Versus The STATE and another — Respondents
Decided Date: Crl. P.L.A No.619-L of 2024, decided on 1st July, 2024.
Summary: (Against the order dated 04.03.2024 passed by Lahore High Court, Lahore in Crl. Misc. No. 4681-B of 2024). — S. 498 — Penal Code (XLV of 1860), S. 489-F — Constitution of Pakistan, Art. 185 (3) — Dishonoring of cheque — Pre-arrest bail, refusal of —...
SCMR 2024 Supreme Court of Pakistan

2024 S C M R 1716

ZEESHAN — Petitioner Versus The STATE and another — Respondents
Decided Date: Criminal Petition No.556 of 2024, decided on 26th July, 2024.
Summary: (On appeal against the judgment dated 06.05.2024 passed by the Peshawar High Court, Peshawar in Crl. M.B.A. No. 1612-P of 2024). — S. 497(2) — Penal Code (XLV of 1860), Ss. 302, 324 & 427 — Qatl-i-amd, attempt to qatl-i-amd and causing damage to pro...
SCMR 2024 Supreme Court of Pakistan

2024 S C M R 1714

ASMA HALEEM — Petitioner Versus ABDUL HASEEB CHAUDHRY and others — Respondents
Decided Date: C.P.L.A. No. 3300 of 2024, decided on 30th July, 2024.
Summary: (Against the judgment of Islamabad High Court, Islamabad dated 02.07.2024 passed in C.R. No. 111 of 2023). — S.4 — Supreme Court Rules, 1980, O. XXVIII, R.3 — Specific Relief Act (I of 1877), Ss. 8 & 54 — Constitution of Pakistan, Art. 185 (3) — Joi...
SCMR 2024 Supreme Court of Pakistan

2024 S C M R 1709

Hafiz Qari ABDUL FATEH through L.Rs — Petitioner Versus Ms. UROOJ FATIMA and others — Respondents
Decided Date: Civil Petition No.174-K of 2022, decided on 24th July, 2024.
Summary: (Against the judgment dated 29.11.2021 passed by the High Court of Sindh in Civil Revision No.S-107 of 2006). — S. 54 — Specific Relief Act (I of 1877), S. 12 — Oral agreement to sell — Proof — An oral agreement by which the parties intended to be b...
SCMR 2024 Supreme Court of Pakistan

2024 S C M R 1705

ABDUL QUDOOS — Petitioner Versus Hafiz ISRAR AHMED and another — Respondents
Decided Date: Criminal Petition No.660 of 2024, decided on 26th July, 2024.
Summary: (On appeal against the order dated 24.05.2024 of the High Court of Balochistan, Quetta passed in Crl. B. C.A. No.37 of 2024). — S. 498 — Penal Code (XLV of 1860), Ss. 302, 324 & 427 — Qatl-i-amd — Ad interim pre-arrest bail, confirmation of — Cancel...
SCMR 2024 Supreme Court of Pakistan

2024 S C M R 1701

WAHEED GUL KHAN and another — Petitioners Versus PROVINCE OF SINDH and others — Respondents
Decided Date: Civil Petitions Nos.154-K of 2022 and 166-K of 2022, decided on 26th July, 2024.
Summary: (Against the Order dated 15.12.2021 passed by the High Court of Sindh in C.P.No.D-756 of 2013 and C.P. No. D-3575 of 2013). — Advertised post — Qualifying for the interview — Merely qualifying for the interview (after passing the written test) does ...
SCMR 2024 Supreme Court of Pakistan

2024 S C M R 1697

RAZA KHAN — Petitioner Versus The STATE and another — Respondents
Decided Date: Criminal Petition No.368 of 2024, decided on 23rd July, 2024.
Summary: (On appeal against the judgment dated 14.03.2024 of the Peshawar High Court, Bannu Bench passed in Crl. Misc. (B.A.) No. 76-B of 2024). — S. 497 — Khyber Pakhtunkhwa Elimination of Custom of Ghag Act (II of 2013), Ss. 4 & 5 — Telegraph Act (XIII of ...
SCMR 2024 Supreme Court of Pakistan

2024 S C M R 1689

MUHAMMAD YOUSAF — Petitioner Versus PROVINCE OF SINDH and others — Respondents
Decided Date: Civil Petition No. 982-K of 2021, decided on 12th June, 2024.
Summary: (Appeal against the order dated 19.04.2023 passed by the High Court of Sindh Bench at Sukkur in C.P. No. D-1289 of 2022). — Art. 10A — Due process and fair trial — Object, purpose and scope — Due process is a prerequisite that needs to be respected ...
SCMR 2024 Supreme Court of Pakistan

2024 S C M R 1683

Syed PERVAIZ HUSSAIN and another — Petitioners Versus ZIKR-UR-REHMAN and others — Respondents
Decided Date: Civil Petition No 520-K of 2024, decided on 15th July, 2024.
Summary: (Against the judgment dated 02.05.2024 of the High Court of Sindh at Karachi in IInd Appeal No. 179 of 2021). — S. 54 — Registration Act (XVI of 1908), S. 49 — Qanun-e-Shahadat (10 of 1984), Art. 79 — Specific Relief Act (I of 1877), Ss. 42 & 54 — U...
SCMR 2024 Supreme Court of Pakistan

2024 S C M R 1675

MUMTAZ UDDIN SHAIKH — Petitioner Versus CHIEF POST MASTER, GPO, HYDERABAD and others — Respondents
Decided Date: Civil Petition No.516-K of 2022, decided on 19th July, 2024.
Summary: (Against the Judgment dated 09.02.2022 passed by Federal Service Tribunal Islamabad (Karachi Bench) in Appeal No.75(K)(CS) of 2020). — S. 4 — Limitation Act (IX of 1908), S. 3 — Constitution of Pakistan, Art. 212(3) — Civil service — Dismissal from ...
SCMR 2024 Supreme Court of Pakistan

2024 S C M R 1656

SHAHTAJ SUGAR MILLS LTD. and others — Appellants Versus GOVERNMENT OF PAKISTAN through Secretary Finance and others — Respondents
Decided Date: Civil Appeals Nos.749 to 758 of 2013, 900 of 2014, 918, 943 to 946 of 2018 and 1022 of 2019, decided on 25th July, 2024.
Summary: (Against the judgments dated 27.06.2011 of the Lahore High Court, Lahore passed in I.C.A. No.288/2011, dated 22.02.2013 of the High Court of Sindh, Karachi passed in C.Ps. Nos.D-2123, D-2124, D-2126, D-2156, D-2127, D-2128, D-2129, D-2130 and D-2131 ...
SCMR 2024 Supreme Court of Pakistan

2024 S C M R 1649

AAMIR AFZAL and another — Appellants Versus S. AKMAL (deceased) through L.Rs. and 2 others — Respondents
Decided Date: Civil Appeal No.648 of 2022 and C.M.A. No. 5213 of 2022, decided on 17th January, 2024.
Summary: (Appeal against judgment and decree dated 06.05.2022 of the Lahore High Court, Lahore passed in Civil Revision No.224476 of 2018). — Oral gift — Fraud — Proof — Respondents (plaintiffs) had sought a declaration regarding the Memorandum of oral gift ...
SCMR 2024 Supreme Court of Pakistan

2024 S C M R 1642

MUHAMMAD SHAMIM ALI — Petitioner Versus Mst. ASMA BEGUM and others — Respondents
Decided Date: Civil Petition No.263-K of 2024, decided on 15th July, 2024.
Summary: (Against the Order dated 28.2.2024 passed by High Court of Sindh, Karachi in Const. Petition No.S-395 of 2023). — Art. 185(3) — Appellate jurisdiction of the Supreme Court — Scope — Supreme Court is not a fact-finding Court — In its jurisdiction und...
SCMR 2024 Supreme Court of Pakistan

2024 S C M R 1622

Syed FIDA HUSSAIN SHAH — Petitioner Versus The STATE and another — Respondents
Decided Date: Criminal Petition No. 134 of 2024, decided on 4th July, 2024.
Summary: (Against Order dated 17.01.2024 passed by Islamabad High Court, Islamabad in Crl. Rev. No.35 of 2023). Per Malik Shahzad Ahmad Khan, J; Jamal Khan Mandokhail, J. agreeing; Ayesha A. Malik, J. dissenting. [Majority view] — Ss. 279, 427 & 320 — Rash d...
SCMR 2024 Supreme Court of Pakistan

2024 S C M R 1608

ABID HUSSAIN and another — Petitioners Versus The STATE and others — Respondents
Decided Date: Crl. Appeal No. 46-L of 2020 and Crl. Petition No. 906-L of 2014, decided on 26th March, 2024.
Summary: (On appeal from the judgment of the Lahore High Court, Lahore dated 14.07.2014 passed in Crl. Appeal No. 2293 of 2010 and M.R. No. 589 of 2010). Per Jamal Khan Mandokhail, J.; Musarrat Hilali, J. agreeing; Syed Hasan Azhar Rizvi, J. dissenting. [Majo...
SCMR 2024 Supreme Court of Pakistan

2024 S C M R 1605

KHIZAR HAYAT — Petitioner Versus The STATE and others — Respondents
Decided Date: Crl.P.L.A No. 1345-L of 2023, decided on 30th May, 2024.
Summary: (Against the order dated 13.11.2023 passed by the Lahore High Court, Lahore in Crl.Misc.No. 33619/B of 2023). — Ss. 497(2) & 498 — Penal Code (XLV of 1860), Ss. 448, 440, 511, 427, 148 & 149 — Constitution of Pakistan, Art. 185(3) — House-trespass, ...
SCMR 2024 Supreme Court of Pakistan

2024 S C M R 1600

LIAQAT HUSSAIN — Petitioner Versus The STATE — Respondent
Decided Date: Jail Petition No. 269 of 2017, decided on 24th May, 2024.
Summary: (On appeal against the judgment dated 20.03.2017 of the Lahore High Court, Rawalpindi Bench passed in Crl.A. No. 28-J of 2014 and M.R. No. 37 of 2014). — Ss. 302(b), 324, 337-D & 337-F(iii) — Qatl-i-amd, attempt to commit qatl-i-amd, jaifah, ghayr-j...
SCMR 2024 Supreme Court of Pakistan

2024 S C M R 1596

ALI ANWAR PARACHA — Petitioner Versus The STATE and another — Respondents
Decided Date: Crl.P.L.A No.240 of 2024, decided on 4th June, 2024.
Summary: (Against the order dated 29.02.2024 passed by the Islamabad High Court, Islamabad in Criminal Miscellaneous No. 277-B of 2024). — S. 497(2) — Penal Code (XLV of 1860), S. 489-F — Constitution of Pakistan, Art. 185(3) — Dishonestly issuing a cheque —...
SCMR 2024 Supreme Court of Pakistan

2024 S C M R 1584

MUHAMMAD ALI MAHAR and another — Petitioners Versus The STATE — Respondent
Decided Date: Criminal Petition No.201-K of 2023, decided on 11th June, 2024.
Summary: (Against the order dated 20.11.2023 passed by High Court of Sindh, Circuit Court, Hyderabad, in Crl.B.A. No.S-1019 of 2023). — "Sui juris" — Meaning. Black's Law Dictionary (Sixth Edition) ref. — S. 498 — Penal Code (XLV of 1860), Ss. 302, 34, 201 ...
SCMR 2024 Supreme Court of Pakistan

2024 S C M R 1579

RAFAQAT ALI alias FOJI and another — Petitioners Versus The STATE and others — Respondents
Decided Date: Jail Petition No.234 of 2017 and Criminal Petition No.596-L of 2017, decided on 27th May, 2024.
Summary: (0n appeal against the judgment dated 08.03.2017 passed by the Lahore High Court, Lahore in Crl. Appeal No.84-J of 2016 and M.R. No.389 of 2012). — S. 302(b) — Qatl-i-amd — Reappraisal of evidence — Failure to collect blood stained earth — Consequen...