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Law Update

Case Law Updates — 2 July 2026

Eleven reportable judgments in the 1–2 July 2026 window — one from the Federal Constitutional Court, two from the Supreme Court, seven from the Lahore High Court and one from the Sindh High Court (the Islamabad High Court returned no in-window entries).

Federal Constitutional Court of Pakistan

  • Amjad Ahmed Sheikh v. Government of Sindh — Article 199 does not confer suo motu jurisdiction on a High Court, so directions and borrowed foreign guidelines on police reform issued beyond the lis amount to judicial overreach, and such guidelines lose force where domestic law has already occupied the field. Petitions converted into appeals; the Sindh High Court’s suo-motu police-reform directions set aside, with the pending inquiries and investigations to continue in accordance with law.

Supreme Court of Pakistan

  • Muhammad Saleem Shaikh v. Province of Sindh — contract and ad-hoc service, being expressly excluded from the definition of “civil servant” under section 2(b) of the Civil Servants Act 1973, cannot be counted towards the length of service required for promotion, and an executive notification cannot indirectly achieve what the parent statute forbids. Both appeals dismissed; the Sindh Service Tribunal judgment upheld.
  • Noor Muhammad v. Ghulam Haider — once an oral gift is challenged the beneficiary bears a heightened burden to prove declaration, acceptance and delivery of possession, especially where it divests female heirs of inheritance already vested by law, and a mutation is not itself proof of the transaction. Petition converted into appeal and allowed; the 1955 gift mutation and consequent transactions declared void and the female heirs’ shares restored.

Lahore High Court

  • Nishat Hotel and Properties Ltd v. Province of Punjab — the Legislature may enact retrospective validating legislation that removes the basis of an earlier judgment, and the de facto doctrine protects acts done under colour of authority, so the validating amendments to the Punjab Revenue Authority Act 2012 are constitutional and no vested right can arise from a statutory defect. 230 intra-court appeals dismissed; the PRA’s validating amendments and recoveries upheld.
  • M/s Hyundai Nishat Motor v. Province of Punjab — decisions of the Council of Common Interests on inter-provincial devolution matters bind the provincial executive until Parliament decides otherwise under Article 154(7), so provincial Workers’ Welfare Fund and profit-participation recovery notices issued to trans-provincial companies against a subsisting CCI decision are ultra vires. 18 writ petitions allowed; the notices struck down.
  • Raja Hafeez-ur-Rehman v. Board of Revenue, Punjab — suppression of material facts disentitles a petitioner to discretionary relief under Article 199, the statutory appeal and revision remedies under the Punjab Land Revenue Act 1967 must be exhausted, and a demarcation unchallenged within limitation attains finality. Both writ petitions dismissed; the concurrent revenue orders upholding the 2010 demarcation affirmed.
  • Muhammad Jamil v. Additional District Judge — where the very foundation of an alleged marriage is challenged for want of free consent, the court must look beyond the Nikahnama to the whole attending circumstances, and a takzeeb-e-nikah (jactitation) suit cannot ordinarily be treated as one for dissolution. Writ petition dismissed; the appellate decree of jactitation in the woman’s favour maintained.
  • Haider Aftab v. Dilawar Khan (Legal Heirs) — an attorney under a general power of attorney holds a fiduciary position and cannot sell the principal’s property to himself or a close relative without express prior authority or informed ratification, and registration neither enlarges that authority nor validates the transaction. Civil revisions dismissed; the concurrent decrees voiding the GPA-based sale to the attorney’s brother-in-law upheld.
  • Abdul Aziz (Legal Heirs) v. Mst. Ayesha Bibi — a suit instituted against a sole defendant already dead at institution is a nullity — a “still-born” suit — that cannot be cured by later impleading the legal heirs, the plaintiff’s ignorance of the death being legally irrelevant. Civil revision allowed; the specific-performance decrees set aside and the suit dismissed.
  • Hafiz Muhammad Shoaib v. Mohsin Bilal — parties are bound by their pleadings, and admission of signatures does not relieve a specific-performance plaintiff of independently proving execution, payment of the consideration and continuous readiness and willingness. Civil revision dismissed; the concurrent dismissal of the vendee’s suit upheld.

Sindh High Court

  • Inayat Ali v. Federation of Pakistan — under the Torture and Custodial Death (Prevention and Punishment) Act 2022 the FIA has exclusive power to investigate but not to register an FIR (which must be recorded at the local police station), yet where the first FIR was cancelled a bona fide registration error is curable under section 537 CrPC and Sughran Bibi does not bar the trial. Petition dismissed; the FIA’s FIR construed as one recorded at a local police station and the trial to proceed.

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