Tag: Supreme Court of Pakistan

  • Dispensation of swift justice priority of Supreme Court of Pakistan

    Dispensation of swift justice priority of Supreme Court of Pakistan

    Pakistan needs a speedy justice system in order to win the confidence of people and take quantum leap to reduce the pendency of cases. The Supreme Court of Pakistan (SCP) has taken various measures to improve the justice system in the country and encourage all the lower and higher courts to enhance efficiency in their workings.

    In order to recognize the efficiency, the SCP distributed awards among model court judges in 2019. Shabana Waheed, Additional District Judge (ADJ) Karachi Central was among the judges, who received the model court award.

    ADJ Shabana Waheed is taking lead in providing speedy justice without hurting the actual essence of the justice system. She is known to resolve disputes in shorter span of time even convincing parties to resolve with the mutual consent to settle out of court.

    In a recent case, ADJ Shabana Waheed helped the parties to mutually resolve the dispute of an immovable property. It was case of real brother and a sister. The sister was claiming that the immovable property was in the name of her mother and the distribution of shares should be within heirs of the mother. On the other hand the brother claimed it was benami property as their mother was a housewife; therefore, the owner of the property would be he himself or his father (late), as the property was purchased after the death of the father.

    During course of discussion, the sister disclosed that her father had purchased another immovable property during his lifetime and the instant disputed property was purchased from the funds received through sale of the previous property that was also sold after the death of the father. The disclosure of the sister cleared the things.

    The brother offered to surrender his benami right if his sister agreed to distribute share amongst all heirs of their father, including step sisters and brothers. The sister also showed positive gesture and agreed to the proposal.

    The role of the ADJ is that, though it was not official court proceeding, she resolved the issue while convincing both the sister and the brother to abide the Sharia Law and protect the rights. She also referred many verses of the Holy Quran to shed light on the importance of rights.

    This quick resolution not only bring closer both brother and sister, who were contesting this case for the past many years, but it also resulted harmony in the society just because of ADJ Shabana Waheed.

    Hon’ble Chief Justice of Pakistan Mr. Justice Umar Ata Bandial at the opening ceremony of New Judicial Year 2022-2023 said that dispensation of swift and economic justice being a priority, the Federal Judicial Academy and the Law and Justice Commission of Pakistan (LJCP), under the guidance of this Court, are resorting to alternative dispute resolution (ADR), which in time shall reduce the pendency of cases in all tiers of courts by around 40 percent, in the next three years.

    The Opening ceremony of New Judicial Year 2022-2023 was held today on 12th September 2022 in Court Room No.1 of Supreme Court of Pakistan, Islamabad. The ceremony was presided over by the Hon’ble Chief Justice of Pakistan Mr. Justice Umar Ata Bandial and was attended by the Hon’ble Judges, law officers and members of the legal fraternity.

    The ceremony was held on the eve of the start of the New Judicial Year, to take stock of performance of the past year and to formulate future policies accordingly not only for advancement of justice but also for protection of the fundamental rights of the people.

    The Hon’ble Chief Justice graced the occasion with the key note address. His lordship informed that during the period from 2nd Feb, 2022 till 9th Sep, 2022 the court has decided 14,943 cases, minimizing the pending cases from 54,134 to 50, 265, accordingly.

    The Hon’ble Chief Justice of Pakistan concluded with a solemn pledge regarding the court’s commitment to defend the Constitution in its entirety.

  • Court hearing on Riba-free banking in Pakistan

    Court hearing on Riba-free banking in Pakistan

    ISLAMABAD: The Federal Shariat Court on Monday continued hearing on the case of Riba in the country.

    The full bench of the court comprising of Justice Muhammad Noor Meskanzai Chief Justice, Justice Dr. Syed Muhammad Anwar and Justice Khadim Hussain M. Shaikh, in exercise of power under Article 203-D of the Constitution of Islamic Republic of Pakistan continued hearing of the Riba case.

    Dr. Waqar Masud Ex. Secretary Finance Government of Pakistan, after detail arguments, suggested two years for conversion of the existing banking system into Riba free Islamic Banking system.

    Dr. Ijaz Ahmad Samadani, Chairman Shariah Board Maldives Islamic Bank, appeared before the Court and argued that gradual conversion of the existing system into Islamic one is possible.

    Dr Atiqul Zafar jurisconsult on the previous date of hearing had suggested that five years is sufficient for conversion of the existing system.

    Shahzad Shaukat, a chartered accountant continued his arguments on the Islamic Economic System. The next hearing will be at Karachi Bench Registry in Sindh High Court Building Karachi on March 25, 2022.

    The State Bank of Pakistan (SBP) defines Riba as:

    The word “Riba” means excess, increase or addition, which correctly interpreted according to Shariah terminology, implies any excess compensation without due consideration (consideration does not include time value of money). This definition of Riba is derived from the Quran and is unanimously accepted by all Islamic scholars.

    The meaning of Riba has been clarified in the following verses of Quran (Surah Al Baqarah 2:278-9)

    “O those who believe; fear Allah and give up what still remains of the Riba if you are believers. But if you do not do so, then be warned of war from Allah and His Messenger. If you repent even now, you have the right of the return of your principal; neither will you do wrong nor will you be wronged.”

    The origination of term interest dates back to 17th century with the emergence of banking system at global level. Interest means giving and/or taking of any excess amount in exchange of a loan or on debt. Hence, it carries the same meaning/value as that of Riba as defined in the previous question. Further, it is narrated that “the loan that draws interest is Riba”.

    There is consensus among the Muslim scholars of all the fiqhs that interest is Riba in all its forms and manifestations.

  • Apex court suspends order in tax notices to overseas assets

    Apex court suspends order in tax notices to overseas assets

    The apex court of Pakistan has suspended the order of the higher court related to tax notices to Pakistanis for their overseas assets.

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  • FBR reinstates nine customs officers into service on court order

    FBR reinstates nine customs officers into service on court order

    ISLAMABAD: Federal Board of Revenue (FBR) on Tuesday reinstated nine customs officials into service following an order of Supreme Court of Pakistan.

    The FBR said that in pursuance of judgment dated November 26, 2018 passed by Federal Service Tribunal, Islamabad duly upheld by the Supreme Court of Pakistan through order dated April 17, 2019, the following officers, who were compulsorily retired from service through FBR notification dated May 08, 2017 are hereby reinstated into service with effect from May 08, 2017 i.e. the date of their compulsory retirement:

    01. Qaiser Khan Loni, ex-principal appraiser, Model Customs Collectorate Quetta.

    02. Muhammad Zaman Mazari, ex-Inspector, MCC Quetta

    03. Haji Zahir Ali, ex-Inspector, MCC Quetta

    04. Shireen Subhan, ex-Inspector, MCC Peshawar

    05. Muhammad Akram, ex-Inspector, MCC Quetta

    06. Faiz Muhammad Khoso, ex-Inspector, MCC Quetta

    07. Musa Kha Awan, ex-Inspector, MCC Quetta

    The FBR said that matter of back benefits for the intervening period from May 08, 2017 till their re-instatement, during which they remained out of service, would depend upon final outcome of denovo proceedings to be initiated against them in due course of time in the light of federal service tribunal judgment and the apex court order.

    The FBR said that in pursuance of judgment dated February 01, 2018 passed by Federal Service Tribunal, Lahore duly upheld by the Supreme Court of Pakistan dated April 04, 2019, the FBR’s notifications dated May 08, 2017 and Dated August 22, 2017 are hereby withdrawn and following officers of customs service are reinstated into service with effect from May 08, 2017 i.e. date of their removal from service:

    01. Waqar Ahmed Cheema, ex-Superintendent, Directorate of Intelligence and Investigation, FBR, Lahore

    02. Aziz-ur-Rehman, ex-Inspector, MCC Islamabad

    The FBR said that matter of back benefits for the intervening period from May 08, 2017 till their re-instatement, during which they remained out of service, would depend upon final outcome of denovo proceedings to be initiated against them in due course of time in the light of federal service tribunal judgment and the apex court order.

  • FBR starts collecting withholding tax on cell phones after apex court decision

    FBR starts collecting withholding tax on cell phones after apex court decision

    ISLAMABAD, September 14, 2024 – The Federal Board of Revenue (FBR) and provincial revenue authorities are set to resume the collection of withholding tax on mobile phone top-ups following a decision by the Supreme Court of Pakistan (SCP) on Wednesday.

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  • FPCCI to move review petition in demolition of illegal constructions

    FPCCI to move review petition in demolition of illegal constructions

    KARACHI: The Federation of Pakistan Chambers of Commerce and Industry (FPCCI) has announced its decision to file a review petition before the Supreme Court of Pakistan (SCP) concerning the demolition of illegal and unauthorized constructions in Karachi.

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  • Demolishing illegal buildings: Supreme Court gives one month to SBCA for submitting plan

    Demolishing illegal buildings: Supreme Court gives one month to SBCA for submitting plan

    Karachi: The Supreme Court of Pakistan (SCP) issued a significant directive on Tuesday, ordering the Sindh Building Control Authority (SBCA) to submit a comprehensive plan within one month for the demolition of illegally constructed buildings within the city.

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  • Exemption to judges of superior courts under Income Tax Ordinance 2001

    Exemption to judges of superior courts under Income Tax Ordinance 2001

    Income Tax Ordinance, 2001 has granted various exemption to judges of superior courts on their earnings, according to official sources.

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  • Sindh government notifies lifting ban on high rise buildings

    Sindh government notifies lifting ban on high rise buildings

    The Sindh government, in compliance with a Supreme Court ruling, has officially lifted the ban on the approval of high-rise buildings in the province.

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