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Showing posts from June 16, 2024

Case law, eviction petition is allowed on the grounds of sublet.

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IN THE SUPREME COURT OF PAKISTAN (Appellate Jurisdiction) PRESENT: Mr. Justice Muhammad Ali Mazhar Mr. Justice Syed Hasan Azhar Rizvi Mr. Justice Irfan Saadat Khan Civil Petition No.917-K of 2022 [Against the Judgment dated 07.03.2022, passed by the High Court of Sindh  Karachi in Constitutional Petition No. S-931 of 2021]  Ashfaq Hussain and another. …Petitioner(s) Versus Ghulam Nabi and another. …Respondent(s) For the Petitioner(s) : Mr. Naeem Suleman, ASC For Respondent No.1 : Mr. Aamir Asher Azeem, Advocate  High Court Mr. K.A Wahab, AOR Date of Hearing : 12.06.2024. JUDGMENT  Syed Hasan Azhar Rizvi, J.- Through this petition,  the petitioners have challenged the judgment dated 07.03.2022  (the impugned judgment), passed by the High Court of Sindh,  Karachi (the High Court), whereby constitutional petition filed by  the Respondent No. 1 (the respondent) was allowed.  2.  Facts in brief are that the petitioners are the coowners/ landlords of Shop bearing No.4, located at ground floo

Case law after arrest bail on statutory ground.

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IN THE SUPREME COURT OF PAKISTAN (Appellate Jurisdiction) PRESENT: Mr. Justice Jamal Khan Mandokhail Mrs. Justice Ayesha A. Malik Mr. Justice Syed Hasan Azhar Rizvi Crl.P.L.A No.238/2024 [Against the order dated 04.03.2024 passed by the Lahore High Court, Lahore passed in Crl. Misc No. 68511-B/2023] Adnan Shafai  …Petitioner(s) Versus The State & another …Respondent(s) For the Petitioner(s) : Zill-E-Huma, ASC Mr. Muhammad Amir Malik, AOR For the State : Mr. Rashdeen Nawaz Kasuri, Additional Attorney General for  Pakistan Mr. Irfan Zia, Additional PG, Punjab  Naeem Sajid, Inspector FIA, Lahore Huma Noreen Hassan,  Legal  Consultant, Pak Railway  For the Complainant : Mian Sohail Anwar, ASC. Date of Hearing : 05.06.2024. JUDGMENT  Syed Hasan Azhar Rizvi,:- Through the present  petition, the petitioner seeks leave to appeal against the order of  Lahore High Court, Lahore, dated 04.03.2024, (Impugned Order)  whereby the post-arrest bail has been declined to him in FIR  No.10/2022 dated

In the cases under CNSA 1997 it is the duty of the prosecution to establish each and every step from the stage of recovery, making of sample parcels, safe custody of sample parcels and safe transmission of the sample parcels to the concerned laboratory. This chain has to be established by the prosecution and if any link is missing, the benefit of the same has to be extended to the accused

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In the cases under CNSA 1997 it is the duty of the prosecution to establish each and every step from the stage of recovery, making of sample parcels, safe custody of sample parcels and safe transmission of the sample parcels to the concerned laboratory. This chain has to be established by the prosecution and if any link is missing, the benefit of the same has to be extended to the accused. In the cases under CNSA 1997, the prosecution is under a bounded responsibility to drive home the charge against an accused by proving each limb of its case that essentially includes production of the witness tasked with the responsibility of transmitting the samples to the office of Chemical Examiner and the failure is devastatingly appalling with unredeemable consequences that cast away the entire case.   Under rule 4(2) of the Control of Narcotic Substances (Government Analysts) Rules 2001 (‘Rules of 2001’), the sample for analysis has to be dispatched to the testing laboratory at the earliest but