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Now district judges will hear civil appeals, declares IHC
Now district judges will hear civil appeals, declares IHC

Business Recorder

time10 hours ago

  • Politics
  • Business Recorder

Now district judges will hear civil appeals, declares IHC

ISLAMABAD: The Islamabad High Court (IHC), Friday, ruled that instead of the high court, district judges would hear the civil appeals after the Civil Courts (Amendment) Act, 2025. A division bench, comprising Justice Muhammad Azam Khan and Justice Inaam Amin Minhas, declared that in a civil reference titled, 'The Civil Courts (Amendment) Act, 2025 and Transfer of Appeals from Islamabad High Court to District Judges (East) & (West), Islamabad, in pursuance thereof.' The IHC office moved the instant reference and attached a list of cases pertaining to Regular First Appeals filed against the decrees or orders passed by learned civil judges working under the administrative control of the IHC. The list contained 1594 RFAs, which is stated to be tentative. The questions formulated in the reference were included whether amendment made in Section 18 is a matter of procedure and had retrospective effect? and whether High Court can transfer pending appeals to the District Judges on its own motion without notice to the parties to the lis? Justice Azam, who authored the judgment, said that the power of High Court delegated under Section 24, CPC, is further fortified in the judgment passed in Khan Muhammad and others Vs. Ishtiaq Hussain reported as 1987 SCMR 1482. He maintained, 'A statute amending the forum for institution of appeal or that of the Appellate Court during the pendency of the lis will obviously have retrospective effect unless otherwise provided by the subsequent Act. Prior to the instant amendment, appeals against interim orders passed by Civil Judges, where the value of the suit for the purpose of jurisdiction exceeded Rs. 2,500,000/-, were being filed in the High Court.' 'However, it is clarified that now any order passed by a Civil Judge during pendency of the proceedings is appealable before the District Judge. The Office shall also transmit those appeals filed against interim orders to the respective District Judges,' said the IHC. It continued that there is no opposition to this legal proposition or to the course adopted from either side. Resultantly, all the appeals filed against decrees or orders passed by learned Civil Judges, including but not limited to those listed in the annexed list, are hereby ordered to be remitted to the learned District Judges of the respective Divisions, who may entrust the same to the Additional District Judges in the ordinary distribution of work. It further said that given the fact that these appeals pertain to the year 2013, the district judges are expected to place the older appeals on fast track and dispose of the same as per guidelines and policy on the subject. The bench also said that the M.I.T. of this Court is also directed to oversee the distribution of the oldest appeals proactively and ensure their expeditious disposal, and submit periodic reports to this Court. Copyright Business Recorder, 2025

A tribute to an artist and a grandmother
A tribute to an artist and a grandmother

New Indian Express

time2 days ago

  • Entertainment
  • New Indian Express

A tribute to an artist and a grandmother

How to pay tribute to someone whom you have loved from the core of your heart? For curator Chandni Gulati Aggarwal, the answer lay in putting together an exhibition called 'Live In Splendour'—it was on view at New Delhi's Visual Arts Gallery, IHC, from June 20-23—that brought together more than 25 artists and showcased their diverse artworks. This offered her the opportunity to remember her grandmother, the late Neelam Gulati, who was an art enthusiast. In her words, 'She loved painting and drawing from a very young age, and her talent was recognised early on — she won the prestigious Shankar's International Art Competition for 11 consecutive years. That's no small feat. Art wasn't just a hobby for her; it was an instinct, a way of observing and expressing the world. Though she didn't pursue it professionally, her artistic sensibility shaped her life — and mine.' Aggarwal, hence, decided to curate an exhibition to pay tribute as well as to celebrate the creative spirit of her grandmother. Celebration of individuality The exhibition did not focus on any particular theme. Instead, it focussed on bringing out the best in each artist. 'The idea was to create a platform that would celebrate diversity in expression — whether it's abstract, figurative, minimal, or maximal. What tied it all together is the energy, the craftsmanship, and the honesty behind each work. It's a celebration of artistic individuality, and a reminder that art doesn't always need to fit into a box to speak volumes,' says the curator. The artworks As more than 25 artists showcased their creations, Aggarwal spoke about some of the artworks that impressed her. 'Nisha Verma's 'Blooming Welcome' is a vibrant, immersive celebration of nature, gesture, and emotional connection. Against a rich, leafy backdrop, the artwork blends botanical realism with symbolic serenity. It invites viewers to reflect on the power of gentle greetings, not just as social acts, but soulful offerings of peace and unity.' She also emphasised two other artworks that also touched her heart. 'In 'The Bronx Tales,' Satvir Rana presented a heartfelt narrative that bridged memory, gratitude, and human resilience. Though visually abstract, the painting carries an emotional clarity, evoking the artist's own reflections on lived experience, familial history, and the quiet strength found in everyday survival. Kamakshi Arora's 'The Unseen Thorns' was a compelling monochromatic work that unpacks the tension between outer grace and inner struggle. Executed in charcoal and graphite, the artwork subtly exposed the emotional 'thorns' that exist beneath life's surface beauty,' she says.

New Research Shows Poverty Hitting Intellectually Disabled New Zealanders The Hardest
New Research Shows Poverty Hitting Intellectually Disabled New Zealanders The Hardest

Scoop

time2 days ago

  • Health
  • Scoop

New Research Shows Poverty Hitting Intellectually Disabled New Zealanders The Hardest

A new IHC report reveals that New Zealanders with an intellectual disability are twice as likely to live in hardship or severe hardship compared to the rest of the population. IHC Advocate Shara Turner says the report, The Cost of Exclusion: Hardship and People with Intellectual Disability in New Zealand, shows this is a deep, systemic issue. 'The cost of disability is real and it's falling entirely on individuals and families who are often excluded from work, transport and even food. 'It is not acceptable that people with intellectual disabilities can't afford a healthy diet. 'It's also unacceptable that this is not part of national conversations on poverty. 'We need to include intellectual disability in all poverty tracking and public reporting. We need to adjust income support to reflect the true cost of disability and to build joined-up systems that recognise the long-term, cross-sector disadvantage disabled people experience.' The report shows that people with intellectual disability face significantly higher rates of hardship at every stage of life: Hardship is twice as likely for people with an intellectual disability under 40 and almost three times as likely for those aged 40-64 compared to others Severe hardship rates triple in middle age, even as they decline for the rest of the population Nearly 50% of people with intellectual disability cannot pay an unavoidable bill within a month without borrowing (vs. 18% of others) They are over four times more likely to go without a meal with meat (or vegetarian protein equivalent) every second day They are almost three times more likely to cut back on fresh fruit and vegetables due to cost Nearly 30% of children with intellectual disability can't have friends over for a meal due to cost Children with intellectual disability are also over twice as likely to not have daily access to fresh food and are 6.5 times more likely to miss out on school events for the same reason. The report was completed for IHC by Kōtātā researchers Keith McLeod and Luisa Beltran-Castillon, and Geoff Stone from Ripple Research. They interviewed people with an intellectual disability and their families, and extracted data about the outcomes of people with intellectual disability from the Integrated Data Infrastructure (IDI), one of the more comprehensive linked datasets in the world. The IDI holds de-identified data on nine million individuals in New Zealand, dating back to 1840, collected from government agencies, surveys and non-governmental organisations over many years.

CCI approves acquisition of certain issued and paid-up equity share capital of Haldiram
CCI approves acquisition of certain issued and paid-up equity share capital of Haldiram

Time of India

time4 days ago

  • Business
  • Time of India

CCI approves acquisition of certain issued and paid-up equity share capital of Haldiram

The Competition Commission of India (CCI) on Tuesday approved the acquisition of certain issued and paid-up equity share capital of Haldiram Snacks Food Private Limited by Alpha Wave Ventures II LP and Alpha Wave IHC CI, LP On March 31, Haldiram, the country's leading snack and food brand, had confirmed selling its stake to IHC (International Holding Company) and Alpha Wave Global. The announcement had come a day after Haldiram confirmed acquisition of a minority stake by Singapore-based global investment firm Temasek. by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like Kulkas yang belum Terjual dengan Harga Termurah (Lihat harga) Cari Sekarang Undo "Haldiram's, India's leading snack and food brand, is pleased to announce the addition of two new investors, IHC (International Holding Company) and Alpha Wave Global, to its ongoing equity round, following Temasek's recent participation," the statement said. Alpha Wave is a global investment company that focuses on three main verticals, private equity, private credit, and public markets, while UAE-based IHC is one of the world's largest investment companies.

Govt continues to score legal victories
Govt continues to score legal victories

Express Tribune

time20-06-2025

  • Politics
  • Express Tribune

Govt continues to score legal victories

After the 26th Constitutional Amendment, the government has got another major victory on Thursday as the constitutional bench endorsed the transfer of three judges from different high courts to the Islamabad High Court (IHC). The government's legal team must be jubilant that in view of the majority order, Justice Muhammad Sarfraz Dogar will continue as acting chief justice of the IHC, which is seen as crucial for the executive authority. The majority order will further frustrate the five IHC judges, who have been facing a tough time since writing a letter to the Supreme Judicial Council (SJC) regarding interference of agencies in the judicial functions, particularly on matters related to the PTI. A senior government functionary admits that the 26th amendment is the outcome of the six IHC judges' letter. Constitutional Bench (CB) was created through the 26th constitutional amendment. The real purpose of the amendment was to control the superior judiciary for the stability of the current political set-up. The present government doesn't want that courts should give any substantive relief to the incarcerated former prime minister as he is perceived as a threat to the system. Since November last year, legal circles were keenly watching the outcome of three cases that they considered would determine how far the judiciary could go to assert its independence. The constitutional bench did not disappoint the government as two of the cases had been decided in its favour. Firstly, trial of civilians in the military courts have been endorsed by the CB. Now, the government initiative regarding the transfer of three judges to the IHC has also been endorsed by the constitutional bench led by Justice Muhammad Ali Mazhar. It is interesting to note that the CB is not taking up petitions against the 26th constitutional amendment. If things stand the way as they are, it is no surprise that the government may get another victory in the reserved seats case soon. The chance that the July 12 order regarding the allocation of reserved seats will survive is very low. If the CB sets aside the decision, then the government will get a two-thirds majority in parliament. Moreover, in view of the "satisfactory performance", the Judicial Commission of Pakistan (JCP) by a majority vote extended the tenure of present CB judges until November 30. Unlike the past practice, CJP Yahya Afridi also voted in favour of giving an extension to the CB judges' tenure. Earlier, he was advocating that all SC judges should be included in the CB. The government has also been successful in appointing like-minded judges in the superior judiciary. Now, it would easily manage to appoint like-minded' chief justices in the high courts on July 1. Legal opinion Abdul Moiz Jaferii advocate says that the short order in the judges transfer case is disappointing. The majority has focused on the process of transfer itself being acceptable without dilating upon the particular transfer to Islamabad that was effected, how it was effected and what it aimed to achieve. Jaferii states that the order completely ignores the transfer of judges being expressly temporary in nature by the very language of the Constitution. It proceeds to validate such transfers on the premise of them being safeguarded by needing input from within the judiciary. "It then allows the president to redo the transfer and make clear the period of transfer and the seniority of the judges themselves, effectively opposing the very basis on which the transfers were validated: that this process was within the judiciary and insulated." He states that it is a bizzare reading of a plain constitutional premise. It ignores completely the scheme of appointment envisaged in Article 175A. And if one were to count the peculiar circumstances leading to this petition, completely ignored in the majority order but expressly considered by the minority, its reasoning becomes obvious. The minority opinion, other than the roundabout poetry at the end; is constitutionally sound", he adds. A former law officer says that the majority has taken a literal view. "It is premised on good faith and institution oriented bona fide exercise within the judiciary by three chief justices. If all three CJs act independently and in the interest of the institution, there should be no problem. Perhaps this was the reason Article 200 was inserted and it is working well in India. But if they don't act independently, this will become an instrument of coercion and silencing some judges, as in the present case. The majority has looked purely on law but not considered ground realities and facts." He says that as in many recent important constitutional cases, emotional advocacy and rhetoric continues instead of calm and cogent arguments. It is showing results every day more so when independent minded judges have already been sidelined and disarmed. At least the majority has left the question of temporary or permanent appointment. There is some contradiction as one the one hand the whole exercise is within the judiciary yet the matter has been sent to President alone. The whole exercise should be ordered to be conducted again but now the then CJ, IHC has gone. Who will give input on temporary or permanent status these judges, he adds. Hafiz Ahsaan Ahmad Khokhar advocate has stated that the majority decision is constitutionally valid, well-founded, and aligned with the spirit and intent of the constitution. He emphasised that the 3-2 majority judgment rightly affirms that under Article 200(1) of the Constitution, such transfers are permissible with the concurrence of the President, Chief Justices of the concerned high courts, and consent of the transferee judges. The court held that these conditions were conditionally met and found no mala fide on the part of the President. He noted that the president had issued a notification on February 1, 2024, under Article 200(1), transferring Justice Dogar, Justice Sumro, and Justice Muhammad Asif to the Islamabad High Court. Their inter-se seniority was later determined by then Chief Justice Aamer Farooq on 11th February 2025. However, this seniority order was challenged before the Supreme Court under Article 184(3). Explaining further, he said Article 194 makes no requirement for a second oath when a judge is transferred between High Courts, as the oath is to the Constitution itself — not to any specific court or jurisdiction. This is a principle recognized across other constitutional systems as well. Hafiz Ahsaan added that Article 200(1) does not specify whether a transfer must be temporary or permanent. Following the judgment, it now falls to the President to determine the nature of the transfers. If deemed temporary, no further seniority determination is needed; if permanent, the President must determine seniority based solely on the judges' original appointment dates. He stressed that under Article 200(3), the service terms of a judge cannot be adversely altered upon transfer, thereby preserving their rank, privileges, and entitlements. He further observed that the President, as directed by the Court, must independently determine seniority without relying on advice from the federal government. If the President declares the transfers permanent, and seniority is accordingly based on initial appointment, Justice Dogar may emerge as the senior-most among the three — qualifying him for consideration as Chief Justice of Islamabad High Court under Article 175A through the Judicial Commission of Pakistan. Contrasting with India's centralized seniority list, he noted that Pakistan's Constitution entrusts each High Court to determine seniority based on initial appointment — a practice also followed in the UK, US, Canada, and Australia. Hafiz Ahsaan while concluding said the 3-2 judgment is constitutionally sustainable and reinforces the legal structure under articles 200, 194, and 175A. The president's forthcoming decision will help shape a lasting constitutional precedent on judicial seniority and the limits of presidential authority in such matters.

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