The Basic Principles Of engagement case law in pakistan
The Basic Principles Of engagement case law in pakistan
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However, the above mentioned observation is without prejudice on the legal rights with the parties, arising out from the over marriage on the few, if any, pending before the competent court of law. Read more
The main objectives of police would be to apprehend offenders, examine crimes, and prosecute them before the cours also to prevent to commission of crime, and previously mentioned all be certain law and order to protect citizen???s life and property. Read more
Matter:-HARASSMENT Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) Const. P. 1479/2024 (S.B.) Mst. Shir Bano and another V/S Province of Sindh and others Sindh High Court, Karachi SHC Citation: SHC-252214 Tag:Primarily, this can be a free and democratic place, and once a person becomes a major he or she can marry whosoever he/she likes; If your parents from the boy or Woman usually do not approve of these kinds of inter-caste or interreligious marriage the maximum they could do if they are able to Reduce off social relations with the son or perhaps the daughter, However they cannot give threats or commit or instigate for acts of violence and cannot harass the person who undergoes such inter-caste or inter-religious marriage. I therefore, direct that the administration/police authorities will see, if any boy or Woman who is major undergoes inter-caste or inter-religious marriage with a woman or male who is a major, the couple is neither harassed by any one nor subjected to threats or acts of violence and anyone who presents such threats or harasses or commits acts of violence both himself or at his instigation, is taken to task by instituting criminal proceedings by the police against such persons and further stern action is taken against such person(s) as provided by legislation.
In case the employee fails to provide a grievance notice, the NIRC may possibly dismiss the grievance petition. This is because the employer hasn't experienced a chance to reply to the grievance and attempt to resolve it. In certain cases, the NIRC may perhaps allow the employee to amend the grievance petilion to include the grievance notice. However, this is usually only done When the employee can show that that they had a good reason for not serving the grievance notice. While in the present case, the parties were allowed to guide evidence as well as the petitioner company responded for the allegations as such they were nicely aware of the allegations and led the evidence as a result this point is ofno use for being looked into in constitutional jurisdiction at this stage. Read more
13 . Const. P. 209/2025 (S.B.) Saifullah Jamali (Disable) V/S Province of Sindh and others Sindh High Court, Karachi After arguing the matter at some length, both parties have agreed to the disposal of the moment petition on the premise that the DIGP Malir will hear the petitioner and private respondents and will just take care of all of the components of the case and make sure that no harassment shall be caused to both the parties.
Whilst there is not any prohibition against referring to case law from a state other than the state in which the case is being listened to, it holds very little sway. Still, if there is no precedent while in the home state, relevant case regulation from another state could be considered with the court.
27 . Const. P. 4002/2011 (D.B.) Ibrahim Noor V/S Pakistan International Airlines Corporation & Ors. Sindh High Court, Karachi Even, if a petitioner was acquitted in the criminal case following a conviction, in NAB Reference No. twenty/2011, this does not automatically lead to exoneration from departmental charges based within the same factual grounds. Even though a writ under Article 199 is out there in specific limited situations, it's generally not the here suitable remedy to contest a dismissal from service based on these charges, particularly when the employee was afforded a full chance to cross-take a look at witnesses and present his/her defense but didn't influence the department of his/her innocence.
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10. Without touching the merits of your case on the issue of once-a-year increases while in the pensionary emoluments from the petitioner, in terms of policy decision of your provincial government, these kinds of annual increase, if permissible from the case of employees of KMC, needs further assessment to generally be made with the court of plenary jurisdiction. KMC's reluctance due to funding issues and insufficient adoption of provincial increases, creates a factual dispute that cannot be resolved in writ jurisdiction, demanding the petitioner to go after other legal avenues. Read more
This Court may perhaps interfere where the authority held the proceedings against the delinquent officer in a very fashion inconsistent with the rules of natural justice or in violation of statutory rules prescribing the manner of inquiry or where the summary or finding attained through the disciplinary authority is based on no evidence. In case the conclusion or finding is for example no reasonable person would have ever attained, the Court may well interfere with the summary or perhaps the finding and mildew the relief to make it suitable to your facts of every case. In service jurisprudence, the disciplinary authority could be the sole judge of facts. Where the appeal is presented, the appellate authority has coextensive power to re-respect the evidence or maybe the nature of punishment. On the aforesaid proposition, we are fortified by the decision of the Supreme Court inside the case of Ghulam Murtaza Shaikh v. Chief Minister Sindh (2024 SCMR 1757). Bench: Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) Source: Order: Downloads 337 Order Date: 24-JAN-twenty five Approved for Reporting WhatsApp
Matter:-DIRECTION Hon'ble Mr. Justice Adnan-ul-Karim Memon(Creator) Const. P. 255/2025 (S.B.) Zubaida W/O Muhammad Irfan V/S Inspector General of Police (IGP) Sindh and others Sindh High Court, Karachi SHC Citation: SHC-252210 Tag:The legislation enjoins the police for being scrupulously fair for the offender along with the Magistracy is to be certain a fair investigation and fair trial for an offender. Unfortunately, these objectives have remained unfulfilled. Aberrations of police officers and police excesses in dealing with the regulation and order situation have been the topic of adverse comments from this Court in addition to from other courts Nevertheless they have did not have any corrective effect on it. The police has the power to arrest a person even without obtaining a warrant of arrest from a court. The plenty of this power casts an obligation over the police and it must bear in mind, as held by this Court that if a person is arrested for your crime, his constitutional and fundamental rights must not be violated.
Any court may find to distinguish the present case from that of a binding precedent, to reach a different summary. The validity of this kind of distinction might or might not be accepted on appeal of that judgment to a higher court.
seventeen . Const. P. 5/2024 (S.B.) Mst. Nasira Khalique Thr. Ms. Seema Khalique V/S The Province of Sindh and others Sindh High Court, Karachi 2025 SHC KHI 46 I have read the learned counsel for that parties and perused the record with their assistance. I intentionally not making any detail comments given that the issues in the matter between the parties pending adjudication before the concerned court with regard on the interim relief application in terms of Section seven(1) with the Illegal Dispossession Act 2005 at hand over possession with the subjected premises on the petitioner; that Illegal Dispossession Case needs to be decided from the competent court after hearing the parties if pending as the petitioner has already sought a similar prayer within the Illegal Dispossession case and as far as the restoration of possession of concerned the trial court has to see this component for interim custody of the subject premises If your petitioner was found forcibly evicted from the premises in question if she possessed the valid rent agreement and decision be made within two weeks from the date of receipt of this order. Read more
States also normally have courts that take care of only a specific subset of legal matters, for instance family regulation and probate. Case regulation, also known as precedent or common regulation, may be the body of prior judicial decisions that guide judges deciding issues before them. Depending about the relationship between the deciding court along with the precedent, case legislation could possibly be binding or merely persuasive. For example, a decision because of the U.S. Court of Appeals with the Fifth Circuit is binding on all federal district courts within the Fifth Circuit, but a court sitting down in California (whether a federal or state court) will not be strictly bound to Adhere to the Fifth Circuit’s prior decision. Similarly, a decision by a person district court in Big apple will not be binding on another district court, but the first court’s reasoning could help guide the second court in reaching its decision. Decisions from the U.S. Supreme Court are binding on all federal and state courts. Read more