· page 3 of 19 18. bail application u/s 497 cr.p.c 01 the units on bail application shall be...

CATEGORY-WISE DESCRIPTION OF UNITS FOR DISPOSAL OF

CRIMINAL CASES BY DISTRICT AND SUB-ORDINATE COURTS IN

SINDH

S.No. CRIMINAL

JURISDICTION ALLOCATION OF

UNITS

REMARKS

1. Framing of charge.

01 One-time unit shall be claimed. Eg. Units shall not be claimed on amended charge.

2.

Recording evidence of a witness in all cases except

category given at Sr.No.3.

0.5 Unit on witness shall not be claimed unless a witness is cross-examined.

3. Recording of evidence in Murder cases.

01 Unit on witness shall not be claimed unless a witness is cross-examined.

4. Statement of accused u/s 342 Cr.P.C

01

5. Judgment u/s 265 (H) Cr.P.C

06 Contested*

6. Judgment u/s 245 Cr.P.C

06 Contested*

7. Judgment u/s 265 (H) Cr.P.C in Police Encounter and other connected cases.

03 Contested. E.g: If main case u/s 324, 353 PPC is connected with 23 (i) Sindh Arms act and both case have been simultaneously disposed of by way of judgment then 3 separate units on each judgment can be claimed.

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8. Judgment u/s 265 (H) Cr.P.C in Murder cases. (i)Qatl-e-Amd u/s 302 Cr.P.C

(ii) Qatl-e-Shab-e-amd u/s 316 Cr.P.C (iii) Qatl-e-Khata u/s 319 CrP.C. (iv) Qatl-e-Bis-Sabab u/s 322 CrP.C

CA

SE

S U

PT

O 5

YE

AR

S O

LD

CA

SE

S O

VE

R 5

YE

AR

S O

LD

CA

SE

S U

PT

O 1

0 Y

EA

RS O

LD

Contested.

06 09 12

9. Disposal u/s 265-K Cr.P.C

03 Provided the whole case is disposed of by such order.

01 Provided that case has not been completely disposed of by such order.

10. Disposal u/s 249-A Cr.P.C

03 Provided the whole case is disposed of by such order.

01 Provided that case has not been completely disposed of by such order.

11. Disposal u/s 249 Cr.P.C

0.5

12. Disposal u/s 265-E Cr.P.C Plea of guilt

02 Subject to adoption of all legal formalities.

13. Disposal u/s 243 Cr.P.C Plea of guilt

02 Subject to adoption of all legal formalities.

14. Compromise Application u/s 345 Cr.P.C

03

15. Withdrawn No Unit

16. Habeous Corpus Petition u/s 491 Cr.P.C

01

17. Bail Application u/s 496 Cr.P.C

No Unit

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18. Bail Application u/s 497 Cr.P.C

01 The units on bail application shall be claimed only it is decided within time line set forth by LJPMC of Pakistan. Note: As per LJPMC policy, bail application u/s 497 Cr.P.C shall be decided within 03 days by the

Magistrate and 05 days by the courts of Sessions. Time will be reckoned from date of filing application.

19. Application u/s 497 (5) Cr.P.C

01 The units on application for cancellation of bail shall be claimed only it is decided within time line set forth by LJPMC of Pakistan. Note: As per LJPMC policy, an application u/s 497(5) Cr.P.C shall be decided within 105 days by the courts. Time will be reckoned from date of filing application.

20. Bail Application

u/s 498 Cr.P.C

01

21. Criminal Petitions u/s 22-AB Cr.P.C

01

22. Dismissal of direct Complaint u/s 203 Cr.P.C

WITH P.E

WITH OUT P.E

02 01

23. Final disposal of direct Complaint by way of judgment

06

24. Final disposal of direct complaint by

way of order u/s 265-K Cr.P.C

03

25. Final disposal of direct complaint by way of order u/s 249-A Cr.P.C

03

26. Criminal Appeal

06 Full Units may only be claimed when such appeal is decided within span of 03 months from date of filing.

Half of units shall be awarded when case is remanded back to trial court for decision afresh.

27. Criminal Revision

02 Full Units may only be claimed when such revision is decided within span of 03 months from date of filing. Half of units shall be awarded when

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case is remanded back to trial court for decision afresh.

28 Criminal Preliminary

Enquiry u/s 202 Cr.P.C

02

29. Criminal Transfer application

0.5 The units criminal transfer application shall be claimed only it is decided within time line set forth by LJPMC of Pakistan. Note: As per LJPMC policy, an application u/s 526 and 528 Cr.P.C shall be decided within 07 days by the courts.

30. Criminal Miscellaneous

applications. E.g: Application u/s 227, 516-A, 517, 523, 540 Cr.P.C etc.

0.5 Whether contested or uncontested. Note: As per LJPMC policy,

miscellaneous applications like superdari of vehicle and disposal of property under chap: XLIII Cr.P.C shall be decided within 07 days by the courts. Time will be reckoned from date of filing application.

31. Cases tried summarily 260 Cr.P.C

02

32. Exhumation proceedings.

0.5

33. Conduct of Post Mortem.

0.5

34. Inquest Report 0.5

35. Recording of confessional statement u/s 164 Cr.P.C

02

36. Recording of statement of a witness u/s 164 Cr.P.C

01

37. Identification

Parade

02

38 Remand u/s 167 Cr.P.C

No Unit

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39. Summary or Administrative order on B and C class reports

02

40.

Chapter Proceedings under Cr.P.C.

02 Contested

01 Compromise

41.

Proceedings u/s 133 Cr.P.C

02 Contested

01 Compromise/withdrawn

42. Proceedings u/s 145 Cr.P.C

02 Contested

01 Compromise/withdrawn

CRIMINAL TRIAL UNDER SPECIAL LAWS TRIED BY MAGISTRATES

43. (i) Judgment under the Prohibition (Enforcement

of Hadd) Order, 1979

03 Contested

(ii) Judgment under the Control of Narcotic Substances

Act, 1997

04 Contested

(iii) Judgment under the Prevention of Electronic Crimes Act, 2016.

06 Contested

(iv) Judgment under the West Pakistan Pure Food Substance Act, 1960.

02 Contested

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(v) Judgment under the Pakistan Plant Quarantine Act, 1976

02 Contested

(vi) Judgment

under the Sindh Consumer Protection Act, 2014.

06 Contested

(vii)Judgment under the Sindh Information of Temporary Residents Act, 2015.

02 Contested

(viii) Judgment under the Sindh Sound System (Regulation) Act, 2015.

02 Contested

(ix) Judgment under the

Small Claims and Minor Offences Courts Ordinance, 2002.

06 Contested

(x) Judgment under the the Domestic Violence (Prevention and Protection)

Act, 2013

03 Contested

CRIMINAL TRIAL UNDER SPECIAL LAWS TRIED BY SESSIONS COURTS

44. (i) Judgment under the Prohibition (Enforcement of Hadd) Order, 1979

03 Contested

(ii) Judgment

under the Control of Narcotic Substances Act, 1997

04 Contested

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(iii) Judgment under the Prevention of Electronic Crimes Act, 2016.

06 Contested

(iv) Judgment under the Illegal Dispossession Act, 2005

06 Contested

(v) Judgment under the Gas (theft control and recovery) Act, 2016

06 Contested

(vi) Judgment under the Sindh Arms Act, 2013.

03 Contested

DESCRIPTION OF UNITS FOR THE ADMISTRATIVE WORK

S.

NO.

NATURE OF

ADMISTRATIVE WORK

ALLOCATION OF UNITS

REMARKS

1. Hospital Visit 0.5 Per Visit

2. School Visit 0.5 Per Visit

3. Jail Visit 0.5 Per Visit

4. Holding department

enquiry

04 Per enquiry.

Full units shall

be claimed, if enquiry is

conducted within

time specified. Half units shall

be awarded

where enquiry is not disposed of

within time

specified.

5. Conduct of raid 0.5 Per raid

6. Inspection of Courts by

District Judge

01

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CATEGORY-WISE DESCRIPTION OF UNITS FOR

DISPOSAL OF FAMILY AND GUARDIAN CASES BY DISTRICT AND

SUB-ORDINATE COURTS IN SINDH

S. NO.

FAMILY JURISDICTION

ALLOCATION OF UNITS

REMARKS

1. Pre-admission of

suits

02 If plaint is rejected or

returned.

2. Framing of issues 01 On time unit shall be

claimed. Eg. Units shall not be

claimed on amended

issues.

3.

Pre-trial Conference.

Pre-trial matter.

02 If pre-trial fails, Khula

is granted and matter

stands disposed of.

No Unit. If, pre-trial fails, Khula

is granted and issue for

determining controversy

of dower amount is to

be settled.

04 If Pre-trial conference is

successful and parties

are ready to forgo their

difference, matter

stands disposed of.

4.

Recording evidence of a witness in all cases.


5. Judgment in Family Suits. E.g: Suit for recovery of dower amount, maintenance,

Jactitation, dower amount, dowry articles etc with or without prayer of khula.

06 Full Units on family suits may only be claimed when such suit is decided within statutory period.

Half of units shall be awarded when case is not decided within statutory time line. Note: Section 12-A of West Pakistan Family Courts Act, 1964 lays

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down that a family suit has to be decided within 06 months by the family court. Time will be reckoned from date of presentation plaint in

the court.

6. Struck of defence of the defendant u/s 17-B of WPFA,1964

02 Note: Units shall only be claimed when suit is completely disposed of with the order and there remains no other controversy.

7. Judgment in Guardian and Ward cases / applications

04, 06, and 08

Full Units on Guardian applications may only be claimed when such application / case is decided within statutory

period. Half of units shall be awarded when application / case is not decided within statutory time line. Note: Section 12-A of West Pakistan Family Courts Act, 1964 lays down that a family suit has to be decided within 06 months by the family court. Time will be reckoned from date of presentation plaint in the court.

08. Exparte Order in all family suits

02

09. Expate Order in all Guardian and Ward cases

02

10. Compromise 03

11. Withdrawn 01

12. Family Appeal 04 Full Units on family appeal may only be claimed when such appeal is decided within statutory period. Half of units shall be

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awarded when case is not decided within statutory time line. Note: Section 14 of West Pakistan Family Courts Act, 1964 lays

down that a family appeal has to be decided within 04 months by the family court. Time will be reckoned from date of presentation plaint in the court.

13. Dismiss in non-prosecution

No Unit

14. Dismiss in default No Unit

15. Family Interim/interlocutory applications E.g: i)Application u/s 5 of WPFCRules,1965 ii) Application u/s 15 of WPFCA,1964 iii) Application u/s 16 of WPFCA,1964 iv) Application u/s 17-A of WPFCA,1964 v) Application u/s 18 of WPFCA,1964 vi) Application u/s

12 of G & Wards Act, 1890 vii) Application u/s 29 of G & Wards Act, 1890 and others

01 Whether contested or uncontested

16. Application u/s 07 r/w 10 with and without 29 of Guardian and Wards Act, 1890

02 Cases where no respondent/opponent is impleaded party other than Public at large.

02 Cases where opponent (i-e Father, Mother, Brother, Sister, Father-

in-law, etc) is impleaded party who extends no objection for issuance of guardianship certificate. Note: No way such disposal be counted on merits since no issues

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are settled nor evidence is adduced by parties.

17. Application u/s 25 of Guardian and Wards

Act, 1890

02 Uncontested

18. Family Execution

Cases u

pto

05 y

ears o

ld

Cases o

ver

05 y

ears o

ld

Cases u

pto

10 y

ears o

ld Units on execution

application shall not be claimed unless decree stands satisfied.

04 05 06

19. Guardian execution of orders u/s 45

Guardian and Wards Act, 1890

02 Units on such application shall not be

claimed unless order is executed.

20. Application U/S 9 (6) of WPFCA,1964.

02 With or without framing issues for deciding it.

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CATEGORY-WISE DESCRIPTION OF UNITS

FOR DISPOSAL OF CIVIL CASES BY DISTRICT AND SUB-ORDINATE

COURTS IN SINDH

S.NO

CIVIL JURISDICTION

ALLOCATION OF UNITS

REMARKS

1. Pre-admission of suits. Cases decided on point of maintainability

02 If plaint is rejected or

returned.

2. Framing of issues

01 On time unit shall be claimed. Eg. Units shall not be claimed on amended issues.

3. Recording evidence of a witness in all cases.


4. Judgment in 1st class civil suits

Cases u

pto

05

years

old

Cases o

ver

05

years

old

Cases u

pto

10

years

old

Matter stands decided after recording of evidence.

06 09 12

5. Judgment in 3rd class Civil suits

06 Matter stands decided after recording of evidence.

6. Judgment in Rent Applications

04 The units in rent cases shall be claimed only it is decided within time line set forth by LJPMC of Pakistan. Note: As per LJPMC policy, a rent case shall be decided within 04 months by the rent

controller. Time will be reckoned from date of presentation of application.

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7. Struck of defence of the tenant u/s 16 (2) of Sindh Rented Premises

Ordinance, 1979

02 Note: Units shall only be claimed when rent application is completely disposed of with the order and there remains no other

controversy.

8. Judgment in Land Acquisition cases (District Court)

06 Matter stands disposed of after framing of issues and recording of evidence.

9. Judgment in NADRA Cases


10. Judgment in Heirship cases


11. Judgment in Ports and shipping cases


12. Negotiable instrument cases decided through procedure provided u/o XXXVII of the CPC

04 If leave to defend granted

Full Units such cases may only be claimed when such suit is decided within time line set forth by LJPMC of Pakistan. Half of units shall be awarded when case is not decided within time line set forth by Law and Justice Commission of

Pakistan. Note: As per LJPMC policy, a rent case shall be decided within 90 days by the rent controller. Time will be reckoned from date of presentation of application.

02 If leave to

defend not granted

13. Judgment u/o XVII rule 03 CPC, 1908

02

14. Judgment on admission u/o XII rule 6 CPC, 1908

02

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15. Judgment when parties are not at issue u/o XV rule 1 CPC, 1908

02

16. Order in

Succession / testamentary Matters (District Court)

02 Matter stands decided

after recording of evidence. If application in like matters is converted in suits then 04 units will be awarded.

17. Summary Suits (District Court)

04, 06, and 09 Leave to defend granted

02, 03 and 04 Leave to defend not granted

18. Exparte Judgment in all

civil cases

02

19. Compromise in all civil cases

03

20. Withdrawn in all civil cases

01

21. Civil Appeal against Judgment

04 Full Units on Civil appeal may only be claimed when such appeal is decided within span of 03 months from date of filing. Half of units shall be awarded when case is remanded back to trial court for decision afresh.

22. Civil Miscellaneous Appeal

04 Full Units on Civil appeal may only be claimed when such appeal is decided within span of 03 months from date of filing.

23. Rent Appeal 04 Full Units on rent appeal may only be claimed when such appeal is decided within time line set forth by LJPMC of

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Pakistan. Half of units shall be awarded when case is remanded back to trial court for decision afresh or not decided

within time line set forth by law & Justice commission of Pakistan. Note: As per LJPMC policy, a rent case shall be decided within 60 days by the rent controller. Time will be reckoned from date of filing of appeal.

24. Civil Revision

against interlocutory orders

02 Full Units on Civil

revision may only be claimed when such revision is decided within time line set forth by law & Justice commission of Pakistan. Half of units shall be awarded when case is not decided within time line set forth by law & Justice commission of Pakistan. Note: As per LJPMC policy, a rent case shall be decided within 03 months by the rent controller. Time will be reckoned from date of

filing of appeal.

25. Civil Transfer Application

01

26. Civil Execution

Cases u

pto

05 y

ears o

ld

Cases o

ver

05 y

ears o

ld

Cases u

pto

10 y

ears o

ld

04 05 06 Contested:

Units on execution application shall not be claimed unless decree stands satisfied.

02 03 04 Uncontested: Units on execution

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application shall not be claimed unless decree stands satisfied.

27. Dismiss in non-prosecution

No Unit

28. Dismiss in default

No Unit

29. Application u/s 12(2) CPPC,

1908

02 Disposal without framing of issues and recording of evidence.

04 Disposal after framing of issues and recording of evidence.

30. Application u/o VII rule 10 of CPC, 1908

01 If application is allowed.

No Unit If application is dismissed.

31. Application u/o VII rule 11 of CPC, 1908

03 If application is allowed.

No Unit If application is dismissed.

32. Application u/o 39 rule 1 & 2 CPC, 1908

02 The units on application u/O 39 rule 1 & 2 CPC shall be claimed only it is decided within time line set forth by LJPMC of Pakistan. Note: As per LJPMC

policy, an application u/o 39 rule 1 & 2 CPC shall be decided within 15 days by the courts. Time will be reckoned from date of filing application.

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33. Other Msc Applications

0.5

Notes:

• Application of Policy:

This policy shall be applicable to all district and subordinate courts in

Sindh except Model Criminal Trial courts with effect from 1st October,

2019.

This policy shall be applicable to those courts where

1. The Final Board at the end of month is more than 50 cases, or

2. The Total Board (Total Board means, number of cases at the start of

month + total institution during such month) is 50 cases or above.

E.g. If Final Board of any Court on 01-01-2019 is 10 cases but in

the same month of January the total institution in the said court is 60

cases while total 50 cases were disposed of by the court which reduced

the Final Board to 20 cases on 31-01-2019, even then this policy will

apply on the court Since its Total Board was more than 50 cases i.e.

(10+60=70).

• Every Court (Where Final or Total Board is more than 50 cases) it is

required to get 75 units.

• In case where any judge fails to achieve required units, then he shall

be called upon to explain his position.

• Each category of disposal (either by judgment or order) carries

different units. The oldest case and contested disposal carries maximum

units. ((see the chart)

• To get full units allocated for any type of disposal, it is necessary

that disposal should be “contested in nature” which means that in case of

judgment, at least 3 witnesses must have been duly examined (means

witness should be properly cross examined and such cross examination

should not be merely “NIL OPPORTUNITY GIVEN”.

• Where one or two witnesses are examined and then side of

prosecution is closed or where witness is simply cross examined as “Nil”,

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then such disposal shall not be deemed as contested in nature and same

shall carry only 1 unit as provided for plea of guilt.

E.g. In trial for offence under section 353 or 324 PPC, if prosecution only

examines 2 witnesses and then after closure of side of prosecution,

judgment is pronounced then it shall carry only 1 unit, irrespective to the

age of the case.

Similarly, if 4 prosecution witnesses are examined in cases like 324,

353, 448 PPC and out of them two witnesses are simply cross examined

as Nil then its judgment shall carry 1 unit and not 6 units.

• In other cases like disposal of case under section 249-A or 265-K

Cr.P.C. if disposal is not “contested in nature” then such disposal shall

carry half units allocated for such disposal. (For applications, the disposal

of contested in nature mean that same should be disposed of after

hearing both or sides)

• For securing units on disposal under 249-A or 265-K Cr.P.C, the

same disposal must have effect of complete disposal of the case and not

otherwise. In case where such case is not finally disposed of, the presiding

officer shall get 1 unit as of criminal miscellaneous application.

• Same rules of disposal “contested in nature” shall also apply for Civil

and Family disposal of cases and applications.

• Same rules of disposal “contested in nature” shall also apply for

Appeal, Revision, Review in Criminal, Civil or Family jurisdiction.

• Where appellate court remand the matter after hearing Appeal in

Criminal, Civil, Family or Rent matter, then such disposal shall carry half

of the allocated units (see chart)

• If any Appeal (Civil, Criminal, Family or Rent) is disposed of on merit

within 3 months of its institution, then same disposal shall carry

maximum units allocated for the same.

• Units for each day shall be 2.88

• In case of leave, by the presiding officer, such units shall be

deducted from his/her required compulsory units. But in no case,

deduction of more than 3 days will be made in a single month. If any

presiding officer had availed 5 causal leaves in a single month, even then

units of only 3 days will be deducted from his/her required compulsory

units

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• In case of Earned leave of the presiding officer, if same is more than

15 days, then his/her required units shall be half of the required units.

· page 3 of 19 18. bail application u/s 497 cr.p.c 01 the units on bail application shall be...

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