Case: M/s Matol Pvt Ltd vs. Federation of Pakistan & Others Reported as Const. P. 1017/2022, Sindh High Court, Karachi (Division Bench), decided on 25 November 2022 . Often referenced in property litigation guidance as “2022 YLR 1017” or “Nandomal’s case” Josh and Mak International . ⚖️ Legal Principle: This case reinforces the fundamental procedural rule that: Non‑impleading of necessary parties, especially bona fide purchasers or those with legal interest in the subject (e.g., sellers, transferees), can result in the dismissal of a suit. Failing to include all parties who may have an interest invalidates the cause and deprives the court of jurisdiction to grant effective relief 📝 📌 Key Takeaways Issue Principle from 2022 YLR 1017 Required Parties All persons with potential interest (e.g. successors, bona fide transferees) must be joined Effect of Omission Suit may be dismissed without reaching merits on that ground Applicability Frequently cited in property disputes (declaration, cancellation, partition, title suits)

Case: M/s Matol Pvt Ltd vs. Federation of Pakistan & Others Reported as Const. P. 1017/2022, Sindh High Court, Karachi (Division Bench), decided on 25 November 2022 . Often referenced in property litigation guidance as “2022 YLR 1017” or “Nandomal’s case” Josh and Mak International . ⚖️ Legal Principle: This case reinforces the fundamental procedural rule that: Non‑impleading of necessary parties, especially bona fide purchasers or those with legal interest in the subject (e.g., sellers, transferees), can result in the dismissal of a suit. Failing to include all parties who may have an interest invalidates the cause and deprives the court of jurisdiction to grant effective relief 📝 📌 Key Takeaways Issue Principle from 2022 YLR 1017 Required Parties All persons with potential interest (e.g. successors, bona fide transferees) must be joined Effect of Omission Suit may be dismissed without reaching merits on that ground Applicability Frequently cited in property disputes (declaration, cancellation, partition, title suits)

Case: M/s Matol Pvt Ltd vs. Federation of Pakistan & Others Reported as Const. P. 1017/2022, Sindh High Court, Karachi (Division Bench), decided on 25 November 2022 . Often referenced in property litigation guidance as “2022 YLR 1017” or “Nandomal’s case” Josh and Mak International . ⚖️ Legal Principle: This case reinforces the fundamental procedural rule that: Non‑impleading of necessary parties, especially bona fide purchasers or those with legal interest in the subject (e.g., sellers, transferees), can result in the dismissal of a suit. Failing to include all parties who may have an interest invalidates the cause and deprives the court of jurisdiction to grant effective relief 📝 📌 Key Takeaways Issue Principle from 2022 YLR 1017 Required Parties All persons with potential interest (e.g. successors, bona fide transferees) must be joined Effect of Omission Suit may be dismissed without reaching merits on that ground Applicability Frequently cited in property disputes (declaration, cancellation, partition, title suits)

Case: M/s Matol Pvt Ltd vs. Federation of Pakistan & Others Reported as Const. P. 1017/2022, Sindh High Court, Karachi (Division Bench), decided on 25 November 2022 . Often referenced in property litigation guidance as “2022 YLR 1017” or “Nandomal’s case” Josh and Mak International . ⚖️ Legal Principle: This case reinforces the fundamental procedural rule that: Non‑impleading of necessary parties, especially bona fide purchasers or those with legal interest in the subject (e.g., sellers, transferees), can result in the dismissal of a suit. Failing to include all parties who may have an interest invalidates the cause and deprives the court of jurisdiction to grant effective relief 📝 📌 Key Takeaways Issue Principle from 2022 YLR 1017 Required Parties All persons with potential interest (e.g. successors, bona fide transferees) must be joined Effect of Omission Suit may be dismissed without reaching merits on that ground Applicability Frequently cited in property disputes (declaration, cancellation, partition, title suits)

Case: M/s Matol Pvt Ltd vs. Federation of Pakistan & Others Reported as Const. P. 1017/2022, Sindh High Court, Karachi (Division Bench), decided on 25 November 2022 . Often referenced in property litigation guidance as “2022 YLR 1017” or “Nandomal’s case” Josh and Mak International . ⚖️ Legal Principle: This case reinforces the fundamental procedural rule that: Non‑impleading of necessary parties, especially bona fide purchasers or those with legal interest in the subject (e.g., sellers, transferees), can result in the dismissal of a suit. Failing to include all parties who may have an interest invalidates the cause and deprives the court of jurisdiction to grant effective relief 📝 📌 Key Takeaways Issue Principle from 2022 YLR 1017 Required Parties All persons with potential interest (e.g. successors, bona fide transferees) must be joined Effect of Omission Suit may be dismissed without reaching merits on that ground Applicability Frequently cited in property disputes (declaration, cancellation, partition, title suits).

Case: M/s Matol Pvt Ltd vs. Federation of Pakistan & Others Reported as Const. P. 1017/2022, Sindh High Court, Karachi (Division Bench), decided on 25 November 2022 . Often referenced in property litigation guidance as “2022 YLR 1017” or “Nandomal’s case” Josh and Mak International . ⚖️ Legal Principle: This case reinforces the fundamental procedural rule that: Non‑impleading of necessary parties, especially bona fide purchasers or those with legal interest in the subject (e.g., sellers, transferees), can result in the dismissal of a suit. Failing to include all parties who may have an interest invalidates the cause and deprives the court of jurisdiction to grant effective relief 📝 📌 Key Takeaways Issue Principle from 2022 YLR 1017 Required Parties All persons with potential interest (e.g. successors, bona fide transferees) must be joined Effect of Omission Suit may be dismissed without reaching merits on that ground Applicability Frequently cited in property disputes (declaration, cancellation, partition, title suits)

Case: M/s Matol Pvt Ltd vs. Federation of Pakistan & Others Reported as Const. P. 1017/2022, Sindh High Court, Karachi (Division Bench), decided on 25 November 2022 . Often referenced in property litigation guidance as “2022 YLR 1017” or “Nandomal’s case” Josh and Mak International . ⚖️ Legal Principle: This case reinforces the fundamental procedural rule that: Non‑impleading of necessary parties, especially bona fide purchasers or those with legal interest in the subject (e.g., sellers, transferees), can result in the dismissal of a suit. Failing to include all parties who may have an interest invalidates the cause and deprives the court of jurisdiction to grant effective relief 📝 📌 Key Takeaways Issue Principle from 2022 YLR 1017 Required Parties All persons with potential interest (e.g. successors, bona fide transferees) must be joined Effect of Omission Suit may be dismissed without reaching merits on that ground Applicability Frequently cited in property disputes (declaration, cancellation, partition, title suits)

📌 Case Citation & Context

1994 CLC 1903 refers to the reported decision in S. Iqbal Hussain Jaffery v. KESC (Karachi Electric Supply Corporation), decided in 1994. It’s a foundational precedent regarding the principles of negligence under Pakistani law. newyorkconvention.org+6accaglobal.com+6Pakistan Journal+6

⚖️ Legal Principles Established

1. Duty of Care

  • A duty arises when a party has an obligation “to exercise care so as not to harm another”—echoing the principle from Donoghue v. Stevenson (1932).

  • Jaffery explicitly affirmed that “the defendant must have owed a duty of care to the plaintiff” as the first element. accaglobal.com+1Pakistan Journal+1

2. Breach of Duty

  • The standard applied is that of the “reasonable and prudent person”: whether a reasonable person in similar circumstances would have acted differently. accaglobal.com

3. Causation & Foreseeability

  • The breach must be both the actual cause (“but for” test) and legally proximate—that is, the harm was reasonably foreseeable. Again, this mirrors established international tort law. City Laws+3accaglobal.com+3Pakistan Journal+3

4. Damage

  • There must be recognized harm—physical, financial, emotional—for which legal remedies exist. accaglobal.com

🧩 Key Contributions of Jaffery Case

  • It clearly outlined the four elements of negligence: Duty → Breach → Causation → Damage.

  • Confirmed that common law tort principles (like from Donoghue) are firmly embedded in Pakistani jurisprudence. accaglobal.com+1Pakistan Journal+1Pakistan Journal

  • Supports a rigorous fault-based approach to tort, meaning liability follows from wrongful conduct causing harm.

🏛️ Subsequent Developments & Applications

  • The Pakistan Journal of International Affairs (2022) reference underscores reliance on Jaffery (1994 CLC 1903) for defining negligence in terms of duty, breach, and damage City Laws+8Pakistan Journal+8accaglobal.com+8.

  • Other judgments, e.g. PLD 2022 LHC 18, reaffirm the core framework established by Jaffery using the “duty of care” test. Pakistan Journal

✅ Summary Table

ElementPrinciple
Duty of CareLegal obligation owed to plaintiff; informed by “neighbour principle” from Donoghue. (Jaffery)
BreachFailure to meet standard of a reasonable person under the same circumstances.
Causation“But for the breach, harm wouldn’t have occurred”; harm must be proximate and foreseeable.
DamageRecognizable loss or injury for which compensation can be claimed.

📚 Why It Matters

  • 1994 CLC 1903 is frequently relied upon in Pakistani courts and academic discussions as the definitive articulation of negligence principles.

  • It ensures tort law in Pakistan aligns with global common law standards and reinforces accountability through judicial precedent.

WANT TO KNOW ABOUT POLICE CHARACTER CERTIFICATE

A Police Character Certificate in Pakistan is an official document issued by the local police department or District Police Office (DPO) that certifies whether an individual has any criminal record or not. It is often required for immigration, employment abroad, education, or visa processing.

Here is a detailed explanation of the Police Character Certificate according to Pakistani law and procedure:

📜 Legal Basis & Authority

There is no single centralized federal law specifically governing the issuance of police character certificates. However, the practice is recognized and regulated under:

  • Police Rules, 1934 (particularly Rule 26.28 and related rules)

  • Pakistan Penal Code (PPC) and Criminal Procedure Code (CrPC) (for criminal background check references)

  • National Database and Registration Authority (NADRA) and Local Government Rules may assist in verification

It is governed administratively at the provincial level by the respective Inspector General (IG) Police or DPO.

📑 What Information is Included in the Certificate?

  • Full name of the applicant

  • CNIC number

  • Father’s name

  • Passport number (if applicable)

  • Residential address

  • District/Police Station jurisdiction

  • Remarks (e.g., “No criminal record found” or details if there is one)

  • Signature and stamp of issuing police officer (usually from DPO office)

📌 Purpose of Police Character Certificate

Used for:

  • Visa applications (UAE, UK, Canada, etc.)

  • Immigration or asylum claims

  • Overseas employment (especially for GCC countries)

  • University admission abroad

  • Legal or business verifications

🛂 How to Apply for It?

Option 1: Manual Application (at your local police station or DPO office)

  1. Application Form: Fill in the police character certificate form.

  2. Documents Required:

    • Copy of CNIC

    • Copy of Passport

    • Recent photographs

    • Proof of residence (utility bill or affidavit)

  3. Verification: Police conduct background checks within local police records.

  4. Issuance: Usually within 3–7 working days.

Option 2: Online Application (in major cities)

Some cities like Lahore, Karachi, Islamabad, and KP province offer online police character certificate services via:

  • Punjab Police Website

  • Sindh Police Portal

  • KP Police Mobile App

  • ICT Police Online Portal

⚖️ Legal Implications

  • If a false certificate is submitted or obtained through forgery, it can result in criminal charges under:

    • Section 420 (cheating)

    • Section 468 (forgery for purpose of cheating)

    • Section 471 (use of forged document) of the Pakistan Penal Code

  • If the applicant has a criminal record, the certificate may be refused, or referred to the relevant authorities.

✅ Verification and Validation

Some embassies or employers may ask for attestation from:

  • Ministry of Foreign Affairs (MOFA)

  • Notary Public

  • District Magistrate Office

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