Weekly Case Law Bulletin Series by Qanoondan and Courting The Law

Qanoondan and Courting The Law have started a new series of Weekly Case Law Bulletin to provide a quick roundup of important legal judgments of the Supreme Court and High Courts across Pakistan.

Episode #01:

Episode #01 covers the following judgments:

  1. Can a superseded civil servant regain seniority if promoted later?
  • Bench: Justice Gulzar Ahmed CJ, Justice Sayyed Mazahar Ali Akbar Naqvi
  • Court: Supreme Court of Pakistan
  • Case title: Federation of Pakistan v. M.Y. Labib-ur-Rehman and others
  • Case number: Civil Appeal No. 30-L/2018
  • Judgment link: https://www.supremecourt.gov.pk/downl…

2. i) Can the issuance of notice under section 160 Cr.P.C. by the Federal Investigation Agency be challenged under the constitutional jurisdiction of the High Court?

ii) What is doctrine of prematurity and ripeness?

  • Bench: Justice Muhammad Shan Gul
  • Court: Lahore High Court
  • Case title: Muhammad Hamad ur Rehman v. Director FIA, etc.
  • Case number: W.P.No.52390/2021
  • Judgment link: https://sys.lhc.gov.pk/appjudgments/2…

3. Does the Lahore High Court have territorial jurisdiction to pass a writ petition against the Civil Aviation Authority?

  • Bench: Justice Jawad Hassan, Justice Muzamil Akhter Shabir
  • Court: Lahore High Court
  • Case title: Jet Green (Pvt) Ltd. v. Federation of Pakistan etc.
  • Case number: Intra Court Appeal No. 54648/2021
  • Judgment link: https://sys.lhc.gov.pk/appjudgments/2…

4. i) Can an extra judicial confession not providing details of the occurrence and the manner in which it had been committed be treated as a confession?

ii) What is the nature of medical evidence?

iii) If the prosecution’s evidence is disbelieved against a few accused facing trial, can it be believed against other accused for conviction?

5. What is the current constitutional status of the Competition Act 2010 and the Competition Commission of Pakistan?

  • Bench: Justice Babar Sattar
  • Court: Islamabad High Court
  • Case title: Islamabad Feeds Pvt Ltd. v. FOP etc.
  • Case number: W.P.No. 4942/2010 Misc. Other (SB)

6. i) Is the statement of a co-accused, in the absence of any other incriminating material, sufficient to deny bail to an accused petitioner?

ii) What is meant by the term “possession” used in CNSA?

  • Bench: Justice Muhammad Tariq Nadeem
  • Court: Lahore High Court
  • Case title: Ali Raza v. The State and another
  • Case number: Crl. Misc. No. 46912-B/2021
  • Judgment link: https://sys.lhc.gov.pk/appjudgments/2…

7. Is the Market Committee authorized to impose fee for the use of parking space under the Punjab Agricultural Produce Markets Ordinance, 1978 and the Punjab Agricultural Marketing Regulatory Authority Act, 2018?

  • Bench: Justice Tariq Saleem Sheikh
  • Court: Lahore High Court
  • Case title: Muhammad Khalid v. Market Committee Muzaffargarh etc.
  • Case number: W.P.No.7603/2020
  • Judgment link: https://sys.lhc.gov.pk/appjudgments/2…

8. What is the role of courts as guardians of climate justice?

  • Bench: Justice Shahid Karim
  • Court: Lahore High Court
  • Case title: Haroon Farooq v. Government of Punjab & others
  • Case number: W.P.No.227807/2018
  • Judgment link: https://sys.lhc.gov.pk/appjudgments/2…

9. What is scope of Section 60, subsection (i) of the Cantonment Ordinance, 2002 pertaining to the qualifications of candidates and elected members?

  • Bench: Justice Sultan Tanvir Ahmad
  • Court: Lahore High Court
  • Case title: Imran Saeed Malik v. Appellate Authority & 3 others
  • Case number: W.P.No.50075/2021
  • Judgment link: https://sys.lhc.gov.pk/appjudgments/2…

10. Do the participants in an auction have the right to pass a sale order in favour of a participant whose bid has been declared the highest?

  • Bench: Chief Justice Ahmed Ali M. Shaikh, Justice Yousuf Ali Sayeed
  • Court: Sindh High Court
  • Case title: Syed Asif Shah v Mazhar Javed and others
  • Case number: Civil Petition No. D-3960/2021
  • Judgment link: https://caselaw.shc.gov.pk/caselaw/vi…