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Law Update

Case Law Updates — 10 August 2026

Four reportable items in the 7–10 August 2026 window (with a 6 August Lahore High Court straggler) — one from the Federal Constitutional Court, two from the Supreme Court and one from the Lahore High Court (the Islamabad and Sindh High Courts returned no in-window entries, the SHC portal being unavailable owing to a Cloudflare outage).

Federal Constitutional Court of Pakistan

  • Dissenting Note of Syed Arshad Hussain Shah J. in Managing Director, OGDCL v. Dr. Capt. (R) Nusrat Hussain — a petition instituted and prosecuted against a person already dead, without substitution of his legal heirs, is a nullity ab initio and coram non judice, and on the merits a vested statutory entitlement under section 9A of the Compulsory Service in the Armed Forces Ordinance 1971 cannot be defeated by estoppel or laches (the continuing denial being a continuing wrong under section 23 of the Limitation Act), OGDCL having taken over OGDC’s liabilities by operation of law. The separately published dissent; the majority (digested in the 23 July briefing) had converted the petition into an appeal and allowed it 2–1.

Supreme Court of Pakistan

  • Commissioner Inland Revenue v. Khadim Hussain — horizontal stare decisis binds a Bench of co-equal strength just as vertical stare decisis binds smaller Benches, so a later co-equal Bench that disagrees must seek a larger Bench rather than write a contrary judgment; and the penalty provisions of the Income Tax Ordinance 2001 (sections 182, 184, 186), being substantive rather than machinery, cannot reach assessments completed under the repealed 1979 Ordinance. Larger Bench constituted; Eli Lilly reaffirmed and Islamic Investment Bank overruled; the department’s appeal refused.
  • Muhammad Ishaq (BISP) v. Fardayaz Khan — a retailer or agent who is himself the service provider in a distribution chain is not a “consumer”, so franchisees and Point-of-Sale agents cannot convert a commercial or agency grievance into a consumer complaint, and a Consumer Court that lacks jurisdiction acts coram non judice — maintainability going to the root and to be decided first, even suo motu. Petition converted into appeal and allowed; the complaint dismissed, with a direction to BISP to hold an inquiry.

Lahore High Court

  • Sheikh Saeed Ahmad v. Rukhsana Jabeen — a suit for rendition of accounts lies only where a statutory or fiduciary right to an account exists (partner and partner, principal and agent, trustee and beneficiary), and a purely contractual relationship will not sustain it, giving rise at most to a suit for recovery; Order XX Rule 16 CPC is procedural only and confers no substantive right. Regular first appeal dismissed in limine; the trial court’s dismissal affirmed.

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