Protection

2026 CLD 479 LAHORE-HIGH-COURT-LAHORE Judicial Precedent

Ss.39, 41 & 42CopyrightProtectionScope and extent

The protection conferred by copyright extends not only to literal reproduction but also to substantial or colourable imitation that tends to misappropriate the creative expression of the author.

2024 CLD 350 ENVIRONMENTAL-PROTECTION-TRIBUNAL-KARACHI Judicial Precedent

S. 27

Sindh Environmental Protection Agency (Review of Initial Environmental Examination and Environmental Impact Assessment) Regulations, 2014, Regln. 9(2)(c)

Sindh Cultural Heritage (Preservation) Act (XII of 1994), S. 10(1)

Environment Impact Assessment (EIA) Report

Cultural heritage buildings

Protection

Appellant organization assailed Environment Impact Assessment Report issued in favour respondent with regard to construction of multistoried building consisting of six basements

Validity

Culture, Tourism and Antiquities Department was one of the relevant departments whose no objection certificate/clearance or otherwise was required in terms of Regln. 9(2)(c) of Sindh Environmental Protection Agency (Review of Initial Environmental Examination and Environmental Impact Assessment) Regulations 2014, so as to be made part of EIA report, falling within the scope of Sindh Environmental Protection Act, 2014 and Regulations framed thereunder

Certain constructions of buildings etc. were allowed under Sindh Environmental Protection Act, 2014, and some constructions were prohibited under certain terms and conditions, which could not be gone through, when such objections raised by appellant in its comments filed on EIA report were not considered by Sindh Environmental Protection Agency while passing/issuing order in question

Construction of project building had not yet commenced and applicability of various provisions of law and validity of relevant notifications could be considered together with environmental issues, if any, after due compliance of relevant provisions of law by authorities

Sindh Environment Tribunal remanded the matter to Sindh Environmental Protection Agency for issuance of EIA Report afresh, after getting no objection certificate/approval/clearance from Culture, Tourism and Antiquities Department

Appeal was allowed accordingly.

2021 CLD 906 LAHORE-HIGH-COURT-LAHORE Judicial Precedent

Arts. 9 & 24Life, liberty and propertyProtectionWhenever someone faces a criminal charge what is at stake is his life or liberty or propertyProtection against deprivation and loss of life and liberty has been provided under Art. 9 of the Constitution

Protection against deprivation and loss of property has been provided in Art. 24(1) of the Constitution.

2020 YLR 722 KARACHI-HIGH-COURT-SINDH Judicial Precedent

S. 42Qanun-e-Shahadat (10 of 1984), Arts. 127 & 129 (g)Suit for declarationFraudLimitationSale deedProof ofHearsay evidenceTransaction with Pardanasheen ladyProtection

Contention of plaintiff was that impugned sale deed was a fraudulent document and owner lady had not sold the suit property in favour of defendant

Suit was decreed concurrently

Validity

Defendant was bound to prove the execution and genuineness of impugned sale deed

Defendant did not appear in the witness box and only his attorney got recorded his statement

Evidence of defendant was hearsay as his attorney was not present at the time of execution of sale deed

Hearsay evidence was not admissible under the law

Defendant had not examined any attesting witness of sale deed which was required in the eye of law

Even Sub-Registrar or any other concerned official had not been produced to prove the execution of impugned sale deed

Defendant had failed to prove the execution of impugned sale deed, in circumstances

Plaintiff was illiterate lady who had denied the execution of sale deed

Protection had been provided to the illiterate and Pardanasheen ladies

Period of limitation to challenge a fraudulent transaction would run from the date of its knowledge

Revision was dismissed, in circumstances.

2016 CLD 1062 KARACHI-HIGH-COURT-SINDH Judicial Precedent

PreambleScope and object of law relating to trade marksReputation and goodwillProtectionScopeKey concept behind trade marks jurisdiction revolves around protection against confusion, deception and fraud

Purpose of trader's choosing distinctive or novel trade mark is to keep his goods or service distant from the possibility of being taken as competitor's goods or services

Reason for creation of intellectual property legal system is to provide for mechanism for the protection and offering rewards to creativity and fair trade

Legislation on trade marks aims to protect the goodwill and clientele of person who first creates or adopts trade mark to let the consumers know that another product or service is available to them through this new source

Lesser the confusion as to the source of two different originators of identical goods and service, the lesser the misunderstanding will arise in the mind of common public, and at the same time, the creator's intellectual ingenuity remains protected and the hard work by the first creator/adopter of the trade mark is rewarded through the scheme of trade mark laws

Legal system was built upon protecting the hard work, ingenuity and goodwill of a person who is first one to use a trade mark, trade name or any other similar identifier (including domain name etc.) from the attacks made by competitors

Competitors, who try to disguise themselves by using similar, or confusingly similar, trade mark, have two fold objectives: firstly, they illegally benefit themselves from fruits of goodwill and reputation laboured by the original creator; and, secondly, they deceive public at large as to the true source of the goods or services in question.