CONTENTS

 

 

CHAPTER 1: OVERVIEW OF THE LAHORE HIGH COURT

 

1.1        FOREWORD BY THE CHIEF JUSTICE

1.2        FUNCTIONS, POWERS AMD MANAGEMENT OF HIGH COURT

 

 

CHAPTER 2: HIGH COURT - JUDICIAL ACTIVITY

 

2.1          CATEGORIES OF CASES

2.2          CONSOLIDATED INSTITUTION,DISPOSAL AND PENDENCY

2.2.1     CATEGORY-WISE CONSOLIDATED INSTITUTION, DISPOSAL

AND PENDENCY AT PRINCIPAL SEAT AND BENCHES

2.2.2     PENDENCY AT PRINCIPAL SEAT AND BENCHES

2.2.3     INSTITUTION AT PRINCIPAL SEAT AND BENCHES

2.2.4     DISPOSAL AT PRINCIPAL SEAT AND BENCHES

 

CHAPTER 3: SUBORDINATE  JUDICIARY- JUDICIAL ACTIVITY

 

3.1        SANCTIONED STRENGTH OF JUDICIAL OFFICERS/STAFF

3.2        DISTRICT & SESSIONS JUDGES/SENIOR CIVIL JUDGES

3.3        CONSOLIDATED ISTITUTION/DISPOSAL IN LOWER COURTS

3.3.1     INSTITUTION AND DISPOSAL IN SESSIONS COURTS

3.3.2     INSTITUTION AND DISPOSAL IN CIVIL/CRIMINAL COURTS

3.3.3     INSTITUTION AND DISPOSAL OF CASES IN CIVIL COURTS UNDER SMALL CLAIMS AND MINOR OFFENCES COURTS ORDINANCE

3.3.4     INSTITUTION AND DISPOSAL OF CRIMINAL CASES IN THE CHILD

PROTECTION COURT, LAHORE

3.3.5     INSTITUTION, DISPOSAL AND PENDENCY OF APPLICATIONS FOR

THE CUSTODY OF RESCUED CHILDREN IN THE CHILD PROTECTION COURT, LAHORE.

3.3.6     INSTITUTION AND DISPOSAL IN BANKING COURTS

3.3.7     INSTITUTION AND DISPOSAL IN ATA COURTS

3.3.8     INSTITUTION/DISPOSAL IN ACCOUNTABILITY COURTS

3.3.9     HABEAS CORPUS/HARASSMENT MATTERS AND CASES UNDER ILLEGAL DISPOSSESSION ACT

 

CHAPTER 4: ADMINISTRATION AND MANAGEMENT

 

4.1          ORGANIZATIONAL CHART

4.2          OFFICERS OF HIGH COURT

4.3          MEMBER INSPECTION TEAM

4.4          CONFIDENTIAL SECTION

4.5          SUBORDINATE JUDICIARY SERVICE TRIBUNAL

4.6          BUDGET ALLOCATIONS FOR HIGH COURT AND SUBORDINATE COURTS

4.7          EXPENDITURE BOOKED FOR FINANCIAL YEAR 2005-2006 IN RESPECT OF HIGH COURT

AND SUBORDINATE JUDICIARY

4.8          EXPENDITURE ON PURCHASES FOR LAHORE HIGH COURT DURING 2006

4.9          LEGISLATION, PLANNING AND DEVELOPMENT

4.9.1.     LEGISLATION

4.9.2.     PLANNING AND DEVELOPMENT

4.10        AUTOMATION

4.11        LIBRARY

4.12        MISC. ACTIVITIES

4.13        JAIL INSPECTIONS

4.14        INSTRUCTIONS ISSUED BY THE COURT

 

CHAPTER 5: JUDICIAL DECISIONS

 

5.1        SUMMARY OF DECISION ON ILLEGAL DISPOSSESSION ACT, 2005


CHAPTER 1:

 

 

 

 

 

 

 

 

 

 

 

 

 

OVERVIEW OF THE LAHORE HIGH COURT

 

 

 

 


 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

FOREWORD

 

 


1.1                           FOREWORD BY THE HON’BLE CHIEF JUSTICE

 

 

 

                        This is the fifth Annual Report reflecting the performance of the judiciary of Punjab during 2006.

2.                     An honest, efficient and independent judiciary is the best safeguard against imbalance in society. The real test of judicial system is its effect on individuals lives.  Judicial system besides being accessible, fair and effective should respond to the needs of all members of society.  Administration of justice is a serious responsibility, which the Judges have to discharge no matter how difficult the conditions and how harsh the circumstances may be. However, presence of congenial environment has to be there before one can expect delivery from the Judges. Provision of all possible facilities to the judicial officers has, therefore, always been on my agenda.

3.                     Delay in disposal of cases is a global phenomenon.  Rapid growth of population has stormed the legal institutions with enormous litigation. To arrest the constant increase in pendency, eliminate frivolous litigation and accelerate the pace of disposal various directions were released which achieved satisfactory results.

4.                     During the year under review 76060 cases were instituted at the Principal Seat of the High Court and its Benches, out of which 70562 were disposed of. The total pendency as on 31.12.2006 was 75195 cases. In the Sessions Courts across Punjab that exercise appellate and original jurisdiction, 397321 cases were instituted, whereas 403737 were disposed of. The balance as on 31.12.2006 was 65111 cases. In the Civil and Criminal Courts 929587 cases were instituted whereas 878212 cases were disposed of with an outstanding balance of 959873 cases.  91157 cases were instituted under Small Claims & Minor Offences Ordinance 2002 and 55179 cases were decided, leaving a balance of 81693 cases.  4916 cases were decided against an institution of 6885 cases Under Illegal Dispossession Act, 2005, with a balance of 3301 cases.  In the Anti Terrorism Courts 1382 cases were instituted and 1559 were disposed of, leaving a balance of 548 cases.  The institution in Banking Courts was 8470 and disposal was 8464 cases with a balance of 8856 cases. The Labour Courts of Punjab decided 7516 cases against an institution of 7566 cases. The balance remained of 4298 cases. In Drug Courts 2030 cases were instituted and 1740 were decided, with a balance of 2860 cases.  Accountability Courts decided 57 cases against an institution of 66 cases, leaving a balance of 149 cases (Pendency of cases includes backlog).

5.                     The construction work continued to maintain a solid pace of expansion.  There was extensive construction of court rooms and official residences.  Existing court rooms were renovated and refurbished.  About eighty per cent infrastructure is complete at all levels. Now the judicial officers have not to sweat for official residence. A qualitative change in the ambience of judicial officers has thus been brought about.

6.                     Fifty-seven constructions schemes were completed.  Work on one hundred and thirty one such schemes is going on.  Re-construction of western wing of the Lahore High Court also started.  This wing, which will be symmetrical to the main building, would be equipped with latest technology.  Facing the Bar it will provide easy and comfortable access to the members of the Bar.

7.                     The year 2006 marked the death of Mr. Justice Nazir Ahmad Siddiqui and Mr. Justice Muhammad Nawaz Bhatti in an unfortunate air crash.  It was a great loss to the judiciary, which was deprived of their valuable services (May God rest their souls in peace).

8.                     The achievements gained enabled our unwavering mission to uphold the rule of law and safeguard the administration of justice.

9.                     I express my profound appreciation to my colleagues with whose support and cooperation the judiciary has been made sound and open to real challenge.  A word of thanks also to the dedicated officers and staff of the Court.

 

 

(IFTIKHAR HUSAIN CHAUDHRY)

   CHIEF JUSTICE


 

 

 

 

 

FUNCTIONS, POWERS AND MANAGEMENT


1.2                   FUNCTIONS, POWERS AND MANAGEMENT

 

The jurisdiction of Lahore High Court covers almost all civil and criminal matters arising under various laws. It has also jurisdiction to hear and determine any matter arising under the Constitution of the Islamic Republic of Pakistan 1973, or involving its interpretation or any other law. The Court also hears appeals against the decisions of single Judges. It makes rules regulating its practice and procedure and of the subordinate Courts. It also exercises supervisory jurisdiction over the subordinate judiciary. Besides revisional and review powers it may take, of its own, notice of any event or eventuality.

 

The Chief Justice is assisted in his responsibilities by the Judges of the Court and Registrar. He may delegate any of his administrative powers to Judges. The Registrar may also exercise powers on behalf of Chief Justice in relation to administrative affairs of the Court.

 

The Chief Justice assigns different tasks to the members of the Administration Committee and the Registrar as provided by the Rules and Orders of the High Court.

 

The management of the Court is supported by the involvement of the Judges through formal meetings of Administration Committee and Judges Committees. The Committees provide advice to the Chief Justice at the regular Judges meetings. In addition, the Chief Justice may constitute committees to deal with particular issues.

 

The sanctioned strength of Judges of Lahore High Court is fifty. As on 31st December 2006 there were the following thirty-five judges including the Chief Justice:

1.     Mr. Justice Iftikhar Husain Chaudhry,

        Chief Justice

2.          Mr. Justice Khawaja Muhammad Sharif

3.          Mr. Justice Sayed Zahid Hussain

4.          Mr. Justice Mian Muhammad Najum-uz-Zaman

5.          Mr. Justice Mian Saqib Nisar

6.          Mr. Justice Asif Saeed Khan Khosa

7.          Mr. Justice Muhammad Akhtar Shabbir

8.          Mr. Justice Maulvi Anwarul Haq

9.          Mr. Justice Nasim Sikandar

10.      Mr. Justice Jawwad S. Khawaja

11.      Mr. Justice Muhammad Sayeed Akhtar

12.      Mr. Justice Muhammad Farrukh Mahmud

13.      Mr. Justice Muhammad Sair Ali

14.      Mr. Justice Mian Hamid Farooq

15.      Mr. Justice Abdul Shakoor Paracha

16.      Mr. Justice Muhammad Khalid Alvi

17.      Mr. Justice Ijaz Ahmad Chaudhry

18.      Mr. Justice Syed Sakhi Hussain Bokhari

19.      Mr. Justice Muhammad Muzammal Khan

20.      Mr. Justice Sardar Muhammad Aslam

21.      Mr. Justice Sh. Hakim Ali

22.      Mr. Justice M. Bilal Khan

23.      Mr. Justice M. A. Shahid Siddiqui

24.      Mr. Justice Sheikh Javaid Sarfraz

25.      Mr. Justice Muhammad Jahangir Arshad

26.      Mr. Justice Fazal-e-Miran Chauhan

27.      Mr. Justice Syed Shabbar Raza Rizvi

28.      Mr. Justice Sheikh Azmat Saeed

29.      Mr. Justice Syed Hamid Ali Shah

30.      Mr. Justice Umar Ata Bandial

31.      Mr. Justice Syed Sajjad Hussain Shah

32.      Mr. Justice Tariq Shamim

33.      Mr. Justice Syed Asghar Haider

34.      Mr. Justice Hasnat Ahmad Khan

35.      Mr. Justice Iqbal Hameed ur Rehman

 

 

 

JUDGE WHO RETIRED                                        Date of Retirement

 

Mr. Justice Sh. Abdul Rashid                   31.05.2006


 

 

 

 

 

 

 

 

 

 

 

MEMBERS OF ADMINISTRATION COMMITTEE

 

 

 

 

 

 

 

 

 

MR. JUSTICE IFTIKHAR HUSAIN CHAUDHRY

CHIEF JUSTICE

 

 

 

 

 

 

 

Mr. Justice Khawaja Muhammad Sharif

 

 

 

 

Mr. Justice Sayed Zahid Hussain

 

 

Mr. Justice Mian Muhammad
Najum-uz-Zaman

 

 

 

Mr. Justice Mian Saqib Nisar

 

 

 

Mr. Justice Asif Saeed Khan Khosa

 

 

Mr. Justice Muhammad
Akhtar Shabbir

          

 

 

 

         


CHAPTER 2:

 

 

 

 

 

 

 

 

HIGH COURT – JUDICIAL ACTIVITY


2.1                                            Categories of Cases

 

 

 

Abbreviations of Categories

Categories

L.P.A./I.C.A.

Letter Patent Appeal/Intra Court Appeal

R.F.A.

Regular First Appeal

R.S.A.

Regular Second Appeal

F.A.O.

First Appeal against Order

S.A.O.

Second Appeal against Order

C.R.

Civil Revision

W.P.

Writ Petition

W.P. (Sett.)

Writ Petition (Settlement)

I.T.A.

Income Tax Appeal

S.A.

Service Appeal

R.A.

Review Application

T.A.

Transfer Application

P.T.R.

Petition for Tax Reference

T.R.

Tax Reference

C. A.

Custom Appeal

Ex-Petition

Execution Petition

C.O.

Civil Original

E.F.A.

Execution First Appeal

C. Ref.

Civil Reference

C.O.S.(B)

Civil Original Suit (Banking)

Ex.A.(B)

Execution Application (Banking)

P.L.A.(B)

Petition for Leave to Appeal and Defend (Banking)

C.A.(B)

Custom Appeal (Banking)

C.M.(B)

Civil Miscellaneous (Banking)

P.S.L.A.

Petition Special Leave to Appeal

M.R.

Murder Reference

Criminal Appeal

Criminal Appeal

Criminal Revision

Criminal Revision

Criminal Misc.

Criminal Miscellaneous

Criminal Misc.(Q)

Criminal Miscellaneous (Quashment)

Criminal Original

Criminal Original

Report

Report

E.P.

Election Petition

Objection Case

Objection Case

Cross Objection

Cross Objection

Petition Coop.

Petition Cooperative

Tax Appeal

Tax Appeal

Commercial Appeal

Commercial Appeal

S.T.A.

Sales Tax Appeal

C.O.S.

Civil Original Suit

Labour Appeal

Labour Appeal

E.S.A.

Execution Second Appeal

Ex. Application

Execution Application

Banking Matter

Banking Matter

D. No.

Diary Number

Ex. Appeal

Execution Appeal

Criminal Reference

Criminal Reference

C.T.R.

Civil Tax Reference