i. PLD 2021 SC 391
Latest statement of law given through a 5 Member bench Judgment of the Supreme Court whereby earlier conflicting opinions of the apex court were reconciled. Finally held: A writ cannot be issued to a High court by a High court under any circumstances.
Seven members Bench Judgment of the Supreme court revesting its earlier judgments and redefining meaning of the term “Terrorism”.
Vires of Drug Regulatory Authority Act 2012 was upheld by the Sindh High court. Interpretation of Articles 142-144 of the Constitution involved.
Directions issued by the apex court in a public interest litigation Interpreting various provisions of “The Sindh differently able persons act 2014 & Sindh empowerment of persons with disabilities Act 2018”
Interpretation of Section 36 of The Sindh Local Government Act.
Interpretation of Sindh Technical Education & Vocational Training Authority Act (STEVTA)
Interpretation of an SRO pertaining to a Tax amnesty
Various ordinances postponing local govt elections were struck down by the Sindh High court. Directions were issued to hold local govt elections within a period of 90 days. As a result, the local govt system was revived in entire Pakistan.
Full bench of the Sindh high court, after consideration of the entire case law on election matters, held that there is an absolute bar on challenging an election dispute before a high court. After this judgment all the election disputes are now exclusively tried by election tribunals and as a result the workload on the high courts has also considerably reduced.
Vires of a provincial labour law was upheld. The claim of Trans-provincial establishments, seeking immunity from provincial taxation was turned down. An intricate question of constitutional law pertaining to extra territorial operation of laws, was resolved in favour of the province. Huge revenue impacting billions of rupees every year was resolved in favour of the province and not the federation
Matter pertaining to a precious land belonging to GOS (situated right in the heart of the city of Karachi) which was occupied by gymkhana. Difference between a lease and a license was also highlighted.
A landmark judgment involving denial of an insurance claim by Pakistan International Airline (PIA) to its captain. It was held that for enforcement of fundamental rights the high court can issue a writ even against a private person. PIA was directed to process the captain’s claim of insurance indiscriminately and in the same manner as was done for other captains.
Interpretation of article 270-AA of the Constitution and so also the question of jurisdiction of the ombudsman under a federal law i.e. protection against harassment of women at workplace act 2010.
A full bench judgment of the Sindh High court (declaring earlier judgment of division bench as per incurium) upheld the vires of Sindh private educational institutions (regulation and control) ordinance 2001. Held : Right to do business guaranteed under article 18 of the constitution, is subject to reasonable restrictions imposed by law. Regulating the fee structure and putting a cap of (maximum enhancement of 5% every year) on the fee charged by private schools does not violate their fundamental right to do business.
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