THE HIGH COURT OF SINDH AT KARACHI

SUBMITTED:

In compliance of order dated: 06.04.2018 of the learned Registrar, appearing on office

note, whereby undersigned has been directed to submit information with regard to

working / function of each branch, I have the honor to submit that our Appellate

Side has three jurisdictions. There are the Constitutional Jurisdiction, the Civil Appellate

Jurisdiction and the Criminal Appellate Jurisdiction, which include the following

branches:-

1. Writ (DB) Branch

2. Civil Appellate Branch
3. Civil / Writ (SB) Branch
4. I.T.R. Section (Income Tax Reference)
5. Criminal Branch

The Constitutional Jurisdiction of this Court is administered by the learned Additional

Registrar, Writ and Deputy Registrar, Judicial administers the Civil Appellate and

Criminal Appellate Jurisdiction of this Court under the kind authority of learned

Registrar. Prior to parting with the functions of Branches, it is respectfully submitted that

the Constitutional Petitions are being presented before learned Additional Registrar, Writ,

who after perusing the matters and raising objections, if any, as well as obtaining reply on

objections from learned counsel therein, forward the cases to their relevant branches. The

Deputy Registrar, Judicial performs similar nature of duties with the matter pertaining to

Civil Appellate as well as Criminal Appellate Jurisdiction. In addition to above, the

Appellate Jurisdiction in respect of Income Tax and Financial issues are dealt with /

administered by the Deputy Registrar (Income Tax and Finance).

All the branches of above mentioned jurisdiction i.e. Constitutional, Civil Appellate

as well as Criminal Appellate Jurisdiction, fix the cases in cause list by sending the cases

to Cause Roster Branch in the modes mentioned below:-

In the cases of non-compliance of any orders passed by this Court and / or office

objection, the matter is set down “For Orders as to non-prosecution”.

Prepared by Aneel Mehmood

 When directions are needed to be given on any reference made by the office and / or

received by the Court’s below are fixed in Court under the caption of “For Directions”.

The cases wherein, ad-interim orders have been passed are fixed before the Hon’ble

Court under the caption of “Hearing / Priority Cases”, and cases under this caption are

fixed in every fifteen days by giving thereon priority.

The Cases in which either no injunction applications were filed or filed but stand

disposed of are fixed in the Court under the caption of “Hearing of Cases”.

Those cases in which decisions have already been announced and its implementation

or action for contempt is to be taken are placed before Court under the caption of

“Disposed of Matters”.

The Criminal Jurisdiction of this Hon’ble Court also follows the above mentioned

modes, however, in addition to above, Criminal Branch of this Court also fix the matters

before courts under caption of “Hearing of Bail Applications”.

The functions and dealing of the above mentioned branches are as follows:-

1. WRIT (DB) BRANCH

This branch under the supervision of learned Additional Registrar, Writ, deals with

Constitutional Petitions filed under Article 199 of the Constitution of Islamic Republic of

Pakistan, 1973 which are categorized for hearing by the Hon’ble Divisional Bench of this

Hon’ble Court. The nature of matters that are to be fixed before Hon’ble Division Bench

of this Court includes (but not limited to) College Registrar, Bail Before or After Arrest

(NAB), Cancellation of Allotment, Transportation, Against Fresh Appointment, Aliens

Registration Authority, Market Committee, Sui Southern Gas, Dissolution of Association,

Property Matter (Revenue), Quashment of Proceedings, Illegal Construction, Change of

Investigations, Registration of Student, Evacuee Trust Property, Illegal Seizure of

Vehicle, Against Jail Authority, Insurance, Allotment of Plot, Illegal Practice,

Dispossessing from Premises, Construction Plan, Property Tax Issues, Foreign Exchange,

Cantonment, Drug Registrar, Recovery of Vehicle, Professional Tax, Travel Agent,

Prepared by Aneel Mehmood

Misusing of Authority, Quality Control Fee, Demolition &/or against Demolition,

Railway, Estate Office, Missing Person, Arm License, Citizenship, Encroachment,

Against Privatization, Regularization of Plot, Stamp Duty, Malicious Prosecution,

Against False F.I.R., Negligence, Refund of Tax, Quashment of FIR and many others

categories pertaining to fundamental rights guaranteed under the Constitution.

2. CIVIL APPELLATE BRANCH

The branch under heading is supervised by Deputy Registrar, Judicial in respect of

cases mentioned here-in-below at Sr. No.1 to 6 and rest of cases are supervised by the

Deputy Registrar (Income Tax and Finance). The instant branch deals with Appeals

arising out of Orders / Judgments / Decrees passed by Lower Courts, Special Courts,

Tribunals as well as Single Bench of this Hon’ble Court in exercise of the Original

Jurisdiction. The Matters being dealt with, in this Branch are placed before Division

Bench of this Court. The following matters are instituted in this branch:-

1- Ist Appeals (Filed against the Orders / Judgments / Decree

passed by District Judge, wherein the amount is
excess of Rs. One Lac filed under Section 96 CPC
&/or Land Acquisition Act)

2- High Court Appeals (Filed against the Orders / Judgments / Decree of

Single Bench of this Court in exercise of the
Original Jurisdiction)

3- Spl. High Court Appeals (Filed against the Interim Decrees and / or Orders of
Single Bench of this Court in exercise of the
Original Jurisdiction)

4- Misc. Appeal (Filed against the Orders / Judgments / Decree

passed by Special Court, Tribunals under Special
Laws)

5- Election Appeal (These cases were being fixed before Divisional

Bench, however, after the Commencement of the
Election Act, 2017, Election Appeals are being
heard by Hon’ble Single Bench of this Court)

6- Service Appeal (Filed against the Order of Competent Authority of

this Hon’ble Court)(Instant Appeals are filed by all
the cadres of Officers & Staff of Sindh High Court
as well as judicial officers)

7- Spl. Custom Ref. Appln (Filed against the Order of Custom Authorities)

8- Spl. Sales Tax Ref. Appln (Filed against the Order of FBR Authorities)

9- Spl. Federal Excise Ref.

Appln. (Filed against the Order of Excise Authorities)

Prepared by Aneel Mehmood

3. CIVIL / WRIT (SB) BRANCH

This Branch deals with the cases of two jurisdictions that are Civil Appellate

Jurisdiction as well as Constitutional Jurisdiction; hence the same is partially supervised

by the learned Additional Registrar, Writ in connection with Constitutional Jurisdiction

and remaining Civil Appellate part is supervised by the Deputy Registrar, Judicial. The

Cases which could be heard and decided by Hon’ble Single Bench of this Court are

instituted before this Branch. The following matters are instituted in this Branch: -

1- Constitution Petition (Before Hon’ble Single Bench filed under Article

199 of the Constitution which includes {but not
limited to} the below mentioned categories)
a. Rent Matter (Arising out of orders passed by Appellate Court
under SRPO)
b. Family (Arising out of orders passed by Appellate Court
under Family Courts Act)
c. Harassment (Relating to alleged excesses of Police and
Government functionaries of Sindh Province)
d. Private Custody (Challenging detention of persons in Private
Custody)
e. Crime Control (Arising out of proceedings under Sindh Crimes
Control Act)
f. IRO (Arising out of Labour Court Work, Industrial
Relations Ordinance except against decisions of the
Appellate Tribunal, Industrial Court and National
Industrial Relations Commission)

2- Revision Application (Before Hon’ble Single Bench filed under Section

115 CPC)

3- Ist Appeal (Before Hon’ble Single Bench wherein the amount

is not excess of Rs. One Lac filed under Section 96
CPC &/or Land Acquisition Act)

4- IInd Appeal (Before Hon’ble Single Bench filed under Section

100 CPC)

5- Misc. Appeal (Before Hon’ble Single Bench filed under various

Articles, Acts, Rules, Ordinances, Sections &
Orders which includes {but not limited to} the
below mentioned categories)
a. Patent (Against the Decision of Controller of Patent)
b. Trade Mark (Against the Decision of Registrar, Trade Mark)
c. Succession Act (Against the Order of District Court in Succession
Miscellaneous Application)
d. SECP (Against the decision of Registrar of SECP)
e. PEMRA (Against the decision passed by P.E.M.R. Authority)
f. P.T.A (Against the decision passed by P.T. Authority)
g. FPSC (Against the decision of Cabinet Secretariat,
Government of Pakistan)
h. ICAP (Against the decision of the Council of Institution f
Chartered Accountant of Pakistan)
i. Sindh Environmental (Against Order in Appeal passed by Sindh
Environmental Protection Tribunal)

Prepared by Aneel Mehmood

 j. Intellectual Property (Against Order of Intellectual Property Tribunal
Sindh & Baluchistan at Karachi)

6- First Rent Appeal (Arising out of orders passed by Controller of Rent

posted at Cantonment under CRRA, 1963)

7- Transfer Application (Before Hon’ble Chief Justice filed under various

provisions of Code as well as other enabling laws)

4. I.T.R. SECTION (INCOME TAX REFERENCE)

This branch is supervised by the Deputy Registrar, (Income Tax & Finance), which

deals with the Income Tax Reference sent by the Commissioner Inland Revenue & / or

Applications filed by the Private body under Section 133 of Income Tax Ordinance, 2001.

The References & / or Applications dealt with, by this branch are fixed and heard before

the Hon’ble Division Bench of this Court.

5. CRIMINAL BRANCH

This branch is supervised by the Deputy Registrar, Judicial, which deals with entire

Criminal Matters. Matters instituted in this Branch are fixed before the Single Bench as

well as before Division Bench. The classifying of matter in respect of fixing before

Division Bench &/or Single bench, is carried out by the officials posted with Deputy

Registrar, Judicial and after scrutinizing the same and find to be in order and in

accordance with the laws and nature of case, send those cases to this branch for fixation

in Court. The cases which are instituted in this Branch are as follows:-

1- Cr. Appeal (D.B) (Arising out of orders / judgments passed by the

Special Court below which includes {but not
limited to} the below mentioned categories)
a. Banking Offence (Against the conviction/ judgment passed by the
Learned Spl. Judge (Offence in banks) Court, filed
under Section 10 of offences in Banks Ordinance
read with Section 410 Cr.PC)
b. Narcotics / Drug (Against the Conviction / Judgment passed by the
Learned Spl. Judges {Control of Narcotics
Substances} Courts as well as Drug Courts, filed
under Section 48 of Control of Narcotics (CNS) Act
1997 read with Section 410 Cr.PC)
c. Death Sentence (Offences under Section 302 PPC and Sentence
awarded by the trail courts is death, filed under
Section 410 Cr.P.C.)

2- Cr. Appeal (S.B) (Arising out of Orders / Judgments, where sentence

(other than Death) is awarded by the Courts of
Sessions Judge or Judicial Magistrate, filed under
Section 410 Cr.PC)

Prepared by Aneel Mehmood

3- Cr. Acq. Appeal (S.B) (Arising out of Order / Judgments passed by the
subordinate Courts for the acquittal, filed under
Section 417 Cr.PC)

4- Cr. Acq. Appeal (D.B) (Arising out of Order / Judgments wherein death
sentence is awarded as is death passed by the
Special Courts, Tribunals for the acquittal, filed
under Section 417 Cr.PC)

5- Cr. Acct. Appeal (DB) (Arising out of Orders / Judgments passed by the
Accountability Court for the conviction, filed under
Section 32 NAB Ordinance, 1997)

6- Cr. Acct. Acq. Appeal (DB) (Arising out of Orders / Judgments passed by the
Accountability Court for the Acquittal, filed under
Section 417 Cr.PC)

7- Cr. Bail Application (Pre-Arrest / Protective Bail filed under Section 497
Cr.PC, whereas if FIR involves Section 302/365-A
PPC or Banking Court &/or Anti-Terrorism Court
are placed before Division Bench and rest of the
matters are placed before Single Bench)

8- Cr. Bail Application (After Arrest Bail filed under Section 498 Cr.PC,
whereas if FIR involves Section 302/365-A PPC or
Banking Court &/or Anti-Terrorism Court are
placed before Division Bench and rest of the
matters are placed before Single Bench)

9- Special Cr. Appeal (Arising out of Order / Judgments passed by the

Spl. Cr. Rev. Application Special Judge (Customs & Taxation), filed under
(DB) Section 185-F Customs Act, 1969.)

10- Cr. Revision Application (Arising out of Order / Judgments, filed under
Section 439 Cr.P.C., whereas if FIR involves trial of
CNS Court, or FIR under Section 302/365-A PPC
or Banking Court &/or Anti-Terrorism Court are
placed before Division Bench and rest of the
matters are placed before Single Bench)

11- Cr. Misc. Application (Arising out of Order / Judgments passed by the
Spl. Cr. Misc. Application Subordinate Courts, filed under Section 561-A
Cr.PC, whereas if FIR involves trial of CNS Court,
or FIR under Section 302/365-A PPC or
Banking Court &/or Anti-Terrorism Court are
placed before Division Bench and rest of the
matters are placed before Single Bench )

12- Spl. A-T Appeal (DB) (Against the conviction order, when the sentence
awarded by the Spl. Judge Anti-Terrorism Court,
filed under Section 25 of Anti-Terrorism Act, 1997)

13- Spl. A-T Acq. Appeal (DB) (Against the Order / Judgment of Acquittal, passed
by the Spl. Judge Anti-Terrorism Court, filed under
Section 25(4) of Anti-Terrorism Act, 1997)

14- Conf. Case (DB) (Against the Orders / Judgment of Sessions Courts,
wherein sentence awarded to the accused is death

Prepared by Aneel Mehmood

 after obtaining confirmation from High Court, filed
under Section 374 Cr.PC)

15- Conf. Case (ATA) (DB) (Against the Orders / Judgment of Anti-Terrorism
Court, wherein sentence awarded to the accused is
death after obtaining confirmation from High Court,
filed under Section 374 Cr.PC)

16- Cr. Transfer Application (For Transfer of the matter from one Court to
another Court of competence, such matter are
placed before Hon’ble Chief Justice, whether those
are of Single Bench &/or Divisional Bench)

It is further respectfully stated that staffs members are working / dealing the above

said cases in the manners at their respective Branches, and their functions are distributed

in the manner mentioned below:-

S.No. Name of Seats Duties assigned

The main duties to instant seat are to:- institute &

prepare all fresh cases for placing the same before
Hon’ble Court, to prepare fortnightly and monthly
01. Institution reports regarding disposal, pendency as well as
Restoration of cases for submitting to MIT-II, to
maintain & ensure proper entry of instituted matter
in the CFMIS.

To deal with the Cases of Initial Stage before its

disposal, in all respect, which includes (but not
limited to) receiving of board (cases remitted by
Hon’ble Court after their hearing) from Court, to
deal with fixation, to separate Cases in respect of
compliance / date by Court and distribute the same
02. Non-Admitted Matters
to concerned of its team and maintain the Court
diary, to deal with Certified Copies in above
matters, to prepare all non-admitted matters for
listing / fixing in the Daily List / Additional List /
Supplementary List, to deals with notices in non-
admitted / pending matters.

To deal with matters those are admitted by the

Hon’ble Court, in all respect till their disposal that
includes receiving of board (cases remitted by
Hon’ble Court after their hearing) from Court, to
deal with fixation, to separate Cases in respect of
compliance / date by Court and distribute the same
03. Admitted Matters
to concerned of its team and maintain the Court
diary, to deal with Certified Copies in above
matters, to prepare all admitted matters for listing /
fixing in the Daily List / Additional List /
Supplementary List, to deals with notices in
admitted / pending matters.

04. Receiving Table To receive the cases from the Honourable Courts,
distribute among the concerned officials, to receive
each and every Dak (Post) in respect of their
respective cases from all branches, distribute the
same among the concerned officials, to maintain

Prepared by Aneel Mehmood

 Office Circulars, Notifications, Casual Leave
Register etc.

To deal with all Misc. Applications, reference made

by Branches of this Court as well as reference of
Subordinate Courts in Disposed of cases, to make
Disposal as well as compliance of cases received from Hon’ble Courts
05. applications in Disposed and to ensure proper entry of disposal in the CFMS,
of Cases. to make compliance of the Orders received from
Hon’ble Supreme Court of Pakistan in branch’s
respective cases, to consigned disposed of matters
to Record branch.

In addition to the above mentioned works, all branches also submit monthly as well

as fortnightly reports of pendency, disposal and restorations of above mentioned cases to

the learned MIT-II for onwards transmission to the Hon’ble Supreme Court, as well as

make proper compliance of Orders passed by Hon’ble Supreme Court Order’s in the

matters arising out from above mentioned categories to the Courts below, in their

respective categories.

Moreover, Criminal Branch also issue writ for R&P from the court below and remits

the same to Copying Branch for preparation of Paper Books. In addition to the above,

various Miscellaneous Work’s from time to time require to be made by the official of all

the branch.

Submitted in compliance of the directions issued by the learned Registrar.

Deputy Registrar, Judicial

LEARNED REGISTRAR

Prepared by Aneel Mehmood