Hafiz Abdul Baqi & Co

Karachi’s courts are not a single institution but a layered system of general and specialist forums, each with its own jurisdiction and procedure. Filing in the wrong one costs months.

The firm’s chambers are on M. A. Jinnah Road, minutes from the City Courts complex and the High Court of Sindh. What follows is a working summary of the forums we appear before, and the matters each deals with.

01

Courts of Civil Judges & Judicial Magistrates (City Courts)

The first instance for most civil suits and for criminal matters at the magisterial level. The City Courts complex on M. A. Jinnah Road is where the majority of everyday litigation in Karachi begins.

  • Civil suits for recovery, declaration, possession and injunction
  • Specific performance of agreements to sell
  • Remand and bail in offences triable by a Magistrate
  • Succession certificates for movable assets

Civil LitigationProperty & Real Estate

02

District & Sessions Courts

The principal appellate forum for civil matters decided by the Civil Judges, and the trial court for serious criminal offences.

  • Appeals from decrees of the Civil Judges
  • Trials of offences exclusively triable by a Court of Session
  • Post-arrest bail in non-bailable offences
  • Criminal revisions and transfer applications

Criminal LawCivil Litigation

03

High Court of Sindh

The superior court for the province, sitting at Karachi. It exercises original, appellate, constitutional, company and admiralty jurisdiction — the widest range of any forum in the city.

  • Constitutional petitions and judicial review under Article 199
  • Suits above the pecuniary limit, on the original side
  • Company matters, winding up and schemes of arrangement
  • Admiralty: arrest and release of vessels, cargo and charterparty claims
  • Appeals, revisions and intra-court appeals
  • Quashment of FIRs and pre-arrest bail

Constitutional & WritShipping & AdmiraltyCorporate & Commercial

04

Supreme Court of Pakistan, Karachi Registry

The apex court, which sits at Karachi in addition to Islamabad. Appearance requires the appropriate rights of audience; the firm's founder practised here as a Senior Advocate.

  • Civil and criminal petitions and appeals for leave to appeal
  • Petitions under Article 184(3) in matters of public importance
  • Review petitions

Constitutional & WritCivil Litigation

05

Banking Courts

A specialised forum for recovery by and against financial institutions, operating under a comparatively expedited procedure that restricts the defences a borrower may raise without leave.

  • Recovery suits under the Financial Institutions (Recovery of Finances) Ordinance 2001
  • Applications for leave to defend
  • Enforcement and sale of mortgaged property

Banking & Finance

06

Family Courts

Exclusive jurisdiction over matrimonial and family matters, with procedure designed to be less formal and to encourage reconciliation before contest.

  • Dissolution of marriage and khula
  • Dower, maintenance and past maintenance
  • Custody, guardianship and visitation
  • Recovery of dowry articles

Family & SuccessionFamily Matters from Abroad

07

Rent Controller

Determines disputes between landlords and tenants of urban property under the applicable provincial rent legislation, rather than by ordinary civil suit.

  • Ejectment on grounds of default, personal need or unlawful subletting
  • Fixation and revision of fair rent
  • Deposit of rent where a landlord refuses it

Property & Real Estate

08

Anti-Terrorism and Accountability Courts

Special courts constituted under their own statutes, with distinct procedure, restricted bail provisions and their own appellate routes.

  • Offences scheduled under the Anti-Terrorism Act
  • References filed by the National Accountability Bureau
  • Bail and appeals under the respective special statutes

Criminal Law

09

Labour Courts & the NIRC

Forums for industrial and employment disputes, with the National Industrial Relations Commission dealing with matters spanning more than one province.

  • Grievance petitions arising from termination or disciplinary action
  • Industrial disputes and unfair labour practices
  • Trade union registration and collective bargaining

Labour & Employment

10

Appellate Tribunal Inland Revenue & Customs Appellate Tribunal

The specialist appellate tier for tax and customs disputes, sitting between the departmental appeal and a reference to the High Court on questions of law.

  • Appeals against orders of the Commissioner (Appeals)
  • Customs valuation, classification and confiscation disputes
  • References to the High Court on questions of law

Taxation & Customs

Common Questions

Which court, and when

Which court do I file in for a property dispute in Karachi?

It depends on the relief and the value. Most suits for possession, declaration or specific performance begin before a Civil Judge at the City Courts; matters above the pecuniary limit go to the original side of the High Court of Sindh; landlord and tenant matters go to the Rent Controller rather than by ordinary suit.

Where is bail applied for in Karachi?

That depends on the offence. Bail in offences triable by a Magistrate is moved before the Magistrate or the Sessions Court; non-bailable offences generally go to the Sessions Court, with the High Court of Sindh available thereafter. Pre-arrest bail and quashment are matters for the High Court. Offences under the special statutes follow their own routes.

Can a case be transferred between courts?

In defined circumstances, yes — on application, and on grounds recognised by the relevant procedural code. Transfer is not granted merely because a party would prefer a different forum.

Do I have to attend court personally?

Not usually. Most steps are conducted by counsel, and clients living abroad ordinarily act through an attested power of attorney. Some forums — the Family Courts in particular — are more likely to require a party in person at some stage.

Enquiries

Not sure which forum your matter belongs in?

Describe the situation and we will tell you where it is heard, what it is likely to involve, and whether it is worth bringing at all.

Contact the firm