AQIB AZHAR & CO

20/07/2025

2025 C L C 469
A Landmark Ruling for Pakistan's National Language! 🇵🇰

The Lahore High Court has issued a powerful and clear order: The government must finally implement Urdu as the national language, as mandated by the Constitution.

After decades of inaction, the court declared that Article 251 is a mandatory duty, not an option.

In a major move for accountability, the court has directed both federal and provincial governments to submit a compliance report within six months, showing they have taken concrete steps to use Urdu for official and other purposes.

A crucial step towards honoring our national identity and the Constitution.

20/07/2025

A landmark Lahore High Court ruling provides clarity for businesses operating under the Final Tax Regime (FTR). The Court held that once an importer's tax return is automatically assessed as "final" by the tax authorities, they cannot later use a different provision (Section 162) to demand more tax.

The court held that: "Advance tax" becomes "final tax due" after assessment. Any change to this amount must follow the proper legal procedure for amending an assessment (Section 122), not a provision for recovering unpaid advance tax. (2015 P T D 863)

A win for procedural fairness in taxation!

12/07/2025

Supreme Court Ruling on "Employee’s Son Quota" in Government Jobs

In a landmark decision (2025 P.L.C. (C.S.) 34), the Supreme Court of Pakistan headed by CJP Qazi Faez Isa has declared the "son of government employee" quota unconstitutional for appointments in civil service.

The Court ruled:

Appointing someone based on being the child of a government servant violates Articles 25 & 27 of the Constitution (which ensure equality and merit).

Public jobs must go to the most deserving candidate, not based on family connections.

Taxpayers’ money should fund merit-based hiring, not nepotism.

The "quota policy" undermines transparency and good governance and should be withdrawn.

The Court allowed the appeal filed by the KP Government and set aside the earlier High Court judgment.

12/07/2025

10/07/2025

2016 YLR 1300 (Lahore High Court)
Mst. Roshan Ara Begum & Others vs. Muhammad Banaras & Another
Suit for Declaration & Possession Dismissed

The plaintiffs claimed ownership of a shop gifted to their father and challenged its sale to the defendant. Both trial and appellate courts rejected their claim due to failure to prove the gift or exclusive ownership.

The court held:
Defendant lawfully purchased the shop via registered sale deed from a co-sharer.
A co-sharer cannot file a suit for possession/declaration against another co-sharer — only a partition suit is maintainable.
No evidence of fraud or legal infirmity was found.
Revision petition was dismissed in limine.

Key Principle: Possession by a co-sharer is lawful until partition — no eviction or possession suit can succeed between co-owners.
Relied cases: PLD 2009 SC 71, 2010 SCMR 52