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Law Update

Case Law Updates — 08 September 2026

Fifteen reportable judgments across the 5, 7 and 8 September 2026 upload window, together with a full sweep of 31 August to 4 September 2026 — two from the Federal Constitutional Court, two from the Supreme Court, seven from the Lahore High Court and four from the Sindh High Court (the Islamabad High Court returned no in-window entries).

Federal Constitutional Court of Pakistan

  • Muhammad Faraaz Shaikh v. Javeria Shahani — the Court’s first structured statement on international parental child abduction, tying the Hague Convention scheme (habitual residence, wrongful removal, duty to return) to the section 13 CPC test for foreign judgments; a High Court cannot recall an already-implemented, final handover order, and a party who invokes the foreign forum’s appellate machinery cannot ask a Pakistani court to undo what that forum ordered. Appeal allowed; the Sindh High Court’s recall order set aside, with four guidelines for the courts below.
  • Bakhtullah Shah v. Government of Khyber Pakhtunkhwa — where criminal liability depends on a question already before a civil court (here the genuineness of educational certificates), the criminal and disciplinary proceedings must await that court’s decision. Petitions converted into appeals and disposed of accordingly.

Supreme Court of Pakistan

  • M/s Crescent Spinning Mills v. Citibank N.A. — a decree may not be amended under section 152 CPC to add mark-up which was never prayed for and which the law in force when the suit was instituted (the Banking Tribunals Ordinance 1984) did not permit; a decree cannot travel beyond the prayer, and the remedy for a judicial oversight is review or appeal, not section 152. Petition converted into appeal and allowed; the mark-up amendment set aside.
  • Pakistan Bait-ul-Mal v. Raj Ram — a court may refer a deserving person to Bait-ul-Mal, but may not fix the form, quantum or duration of the assistance, which the statutory and policy framework entrusts to the institution. Petition dismissed on its own facts (Bait-ul-Mal willing to assist two destitute Hindu minors), with prospective guidance that future recourse be by referral, not a mandatory direction to pay.

Lahore High Court

  • Muhammad Awais v. Federation of Pakistan — the territorial limitation in Article 199 is a constitutional restriction, not a procedural technicality, and the federal character of a respondent does not by itself confer jurisdiction on every High Court; on the “dominant object” test, a completed off-loading at Islamabad airport is not justiciable at Lahore. Petition dismissed for want of territorial jurisdiction, with liberty to approach the competent High Court.
  • Baber Masih v. Cantonment Executive Officer, Sargodha — back benefits are the norm on reinstatement and their denial the exception, and treating the intervening period as extraordinary leave does not answer the question of back benefits, particularly where the authority itself found the absence beyond the employee’s control. Petition allowed to the extent of back benefits; matter remitted for fresh decision within two months.
  • Shahbaz Anwar v. Province of Punjab — a borrowing organisation needs no prior approval of the lending organisation to suspend a deputationist under section 6 of PEEDA; suspension is not a penalty and a writ against it is premature. Petition dismissed in limine.
  • Muhammad Aslam v. Additional Sessions Judge — the first reported construction of the Punjab Child Marriage Restraint Act 2026: cohabitation resulting from a child marriage is “child abuse” irrespective of consent, and the child’s purported consent does not determine custody or bar registration of an FIR. Petition allowed; SHO directed to proceed under section 154 Cr.P.C. and the minor placed in the safe custody of the Child Protection & Welfare Bureau.
  • Ali Shahzad alias Shan Ali v. The State — delay attributed to an accused for statutory-delay bail must be traceable to a specific act or omission recorded in the order sheets, and the mere presence of unexamined prosecution witnesses will not defeat the third-proviso right to bail. Post-arrest bail granted on statutory delay.
  • LESCO v. Federation of Pakistan — under the Right of Access to Information Act 2017, the exclusion of minutes of meetings from public record lasts only until the public body takes its final decision; thereafter the record must be disclosed, subject to severance of genuinely exempt portions. Petition dismissed; the Information Commissioner’s disclosure order upheld.
  • Ghulam Ali Zahid Ch. v. Damas Jewellary LLC — an exclusive-jurisdiction clause in a fully performed settlement agreement does not oust the Intellectual Property Tribunal’s jurisdiction over a subsequent statutory claim for trademark infringement; a fully performed contract ceases to have life as an executory instrument. First appeal dismissed; the Tribunal directed to conclude the trial within six months.

Sindh High Court

  • The Resources Group International Ltd v. Muhammad Ziaullah Khan Chishti — the most comprehensive treatment yet of the Recognition and Enforcement Act 2011: a foreign arbitral award may be enforced wherever the award-debtor has assets, a contractual submission to foreign courts does not contract out of the New York Convention, and the doctrine of election has no application. The JAMS (New York) award recognised and to be treated as a judgment of the Court, with a decree to be drawn.
  • Sindh Revenue Board v. M/s Fumicon Services & connected references — penalty under section 43 of the Sindh Sales Tax on Services Act 2011 requires proof of mens rea, whereas default surcharge under section 44 does not, and the reference jurisdiction does not extend to questions of fact. Question answered in the taxpayers’ favour; the Tribunal’s deletion of penalties upheld — completing, with Itecknologi, the two-part surcharge/penalty scheme.
  • Mst. Najeeban v. Sartaj Ali — a registered Nikahnama carries a presumption of truth extending to its entries, a plea of forgery not pleaded cannot be tried, and the rules of primary and secondary evidence do not govern Family Court proceedings (section 17 of the Family Courts Act ousting the Qanun-e-Shahadat). Petition allowed; the dower claim decreed and a mechanism prescribed to work it out.
  • Mir Hassan Ali Khan v. Province of Sindh — a High Court cannot, in constitutional jurisdiction, direct the constitution of a Joint Investigation Team or supervise an ongoing criminal investigation before a report under section 173 Cr.P.C.; orders made by the Supreme Court under Article 184(3) are no template for High Court writ jurisdiction. Petition disposed of, the parents left to their remedies under the law (a Commission of Inquiry having been notified).

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