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Law Update

Case Law Updates — 16 July 2026

Ten reportable judgments in the 14–16 July 2026 window — three from the Federal Constitutional Court, five from the Lahore High Court and two from the Sindh High Court (the Supreme Court and Islamabad High Court returned no in-window entries).

Federal Constitutional Court of Pakistan

  • Mst. Bushra Bibi v. Additional District Judge, Bahawalnagar — a compromise decree affecting minors’ immovable property is vitiated where the mandatory safeguards are ignored (Order XXXII Rules 3 and 7 CPC and section 29 of the Guardians and Wards Act 1890), and where an illiterate parda nasheen woman purportedly consents the beneficiary bears a heavy burden to prove free, informed consent given after independent advice — squarely attracting section 12(2) CPC. Petition converted into appeal and allowed; the compromise decree remains set aside and the suit restored, with binding guidelines issued for all civil and revenue courts.
  • Senior Member Board of Revenue, Khyber Pakhtunkhwa v. Habib-ur-Rehman — an action attributed to “the Government” requires Cabinet backing, so additional-charge assignments of Sub-Registrar duties made by the Inspector General without Cabinet approval and outside the promotional feeder cadre are ultra vires and contrary to the amended service rules; the Article 212 bar does not oust the High Court where the dispute concerns enforcement of statutory rules. Leave refused; petition dismissed.
  • Metropolitan Corporation Islamabad & CDA v. Monal Group of Companies (Review) — a court disposing of interlocutory proceedings cannot render final determinations on substantive disputes still pending before the civil court, a judgment affecting parties not effectively heard cannot attain finality under Article 10-A, and the inherent power to correct a manifest error flows from the judicial oath. Review petitions allowed; the earlier Supreme Court judgment reviewed and the questions of ownership, lease and rent remitted to the civil court, with the Board under the Islamabad Nature Conservation and Wildlife Management Act 2024 now regulating the Margalla Hills National Park.

Lahore High Court

  • AGRICS Cooperative Housing Society Ltd v. Province of Punjab — a cooperative housing society is not immune from the LDA planning regime, a “mortgage deed” that in substance transfers amenity sites operates as a transfer deed, and amenity sites are held on a statutory public trust; but the LDA’s decades-long failure to put a reserved school site to public use violates residents’ constitutional rights. The challenge to section 13(6) of the LDA Act and Rule 24 of the 2014 Rules is repelled; the LDA directed to dispose of the school amenity site within three months.
  • Muhammad Abid v. The State — on a police report under section 173 CrPC finding the accused prima facie involved, a Magistrate may only summon or (with recorded reasons) “discharge” the accused — “release” has no place in the scheme — and may not appraise disputed questions of fact on the merits at that stage. Petition allowed; the Magistrate’s order set aside and the trial to proceed in accordance with law.
  • Syed Mujeeb Ali Gillani v. Province of Punjab — a licence for a religious procession is regulatory, not proprietary or heritable, so it cannot be “restored” in the name of a deceased holder, yet his demise does not extinguish stakeholders’ Article 20 rights, and executive instructions cannot operate as a perpetual embargo on future licences. Petition accepted; the impugned order set aside and the Home Department directed to frame a comprehensive Muharram-procession policy, preferably within four months.
  • Al-Kabir Town (Pvt) Ltd v. Muhammad Azam — a civil revision under section 115 CPC does not lie against an ad-interim interlocutory injunction (not a “case decided”), and a question of jurisdiction must first be raised before the forum whose jurisdiction is challenged, so an Article 199 petition against such an order is premature. Petition disposed of; the Additional District Judge directed to decide the revision’s maintainability first.
  • Touseef Shahzad v. Commissioner, Multan — after the 1975 repeal of the settlement laws the Notified Officer’s jurisdiction is confined to pending and remanded matters with no power of fresh allotment, stale allotment orders not incorporated within the prescribed period are deemed fraudulent and cancelled, and the 2022 Amendment transferred all evacuee properties to the Government for public use. Petition dismissed in limine.

Sindh High Court

  • Khokan Mir v. Federation of Pakistan — the right to travel and leave the country is part of the constitutional guarantees of liberty and dignity, but the writ court cannot bypass the statutory procedure of the Foreigners Act 1946; where foreign nationals willing to return hold valid country-of-origin travel permits, the authorities must facilitate the formalities without harassment. Petitions disposed of with directions to FIA Immigration and the Foreigners Registration Office to process the returns in accordance with law.
  • Mir Shakil Ur Rahman v. Salman Iqbal — the “time requisite” for obtaining a certified copy under section 12 of the Limitation Act 1908 excludes delay attributable to the litigant (here the 26 days taken to deposit the copying fee), a copy is “ready” when the copying branch prepares it rather than on later stamp affixation, and a vacation notification cannot revive a limitation period that had already expired. Preliminary objection upheld; the appeal under section 15 of the Defamation Ordinance 2002 dismissed as time-barred by 45 days.

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