case law air 1964 ker 277 - An Overview
case law air 1964 ker 277 - An Overview
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Matter:-HARASSMENT Hon'ble Mr. Justice Adnan-ul-Karim Memon(Writer) 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 CITATION:2025 SHC KHI 46 SHC Citation: SHC-252218 Tag:I have heard the realized counsel for the parties and perused the record with their assistance. I intentionally not making any detail comments because the issues of the matter between the parties pending adjudication before the concerned court with regard for the interim relief application in terms of Section seven(1) of the Illegal Dispossession Act 2005 to hand over possession of the subjected premises for the petitioner; that Illegal Dispossession Case needs to become decided from the competent court after hearing the parties if pending as being the petitioner has already sought a similar prayer inside the Illegal Dispossession case and so far as the restoration of possession of concerned the trial court should 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.
Acquittal nullifies prior guilt and fortifies petitioners' eligibility for appointment. No juridical impediment to appointment following acquittal. Equivalence of acquittals under compromise and criminal procedure code, as well as role of "badal-i-sulh" in restorative justice. Distinction between probationary release and acquittal. Probationary release being a legally regarded conviction. Read more
This Court could interfere where the authority held the proceedings against the delinquent officer in a very way inconsistent with the rules of natural justice or in violation of statutory rules prescribing the method of inquiry or where the conclusion or finding attained by the disciplinary authority is based on no evidence. Should the summary or finding is for instance no reasonable person would have ever arrived at, the Court may possibly interfere with the conclusion or perhaps the finding and mildew the relief to really make it suitable on the facts of each and every case. In service jurisprudence, the disciplinary authority would be the sole judge of facts. Where the appeal is presented, the appellate authority has coextensive power to re-take pleasure in the evidence or the nature of punishment. On the aforesaid proposition, we've been fortified via the decision from the Supreme Court during the case of Ghulam Murtaza Shaikh v. Chief Minister Sindh (2024 SCMR 1757). Read more
145 . Const. P. 3670/2023 (D.B.) Rehan Pervez V/S Fed. of Pakistan and Others Sindh High Court, Karachi First and foremost, we would address the issue of maintainability of the instant Petition under Article 199 with the Constitution based within the doctrine of laches as this petition was filed in 2016, whereas the alleged cause of action accrued into the petitioner in 1992. The petitioner asserts that he pursued his legal remedy just after involvement during the FIR lodged by FIA and from the intervening period the respondent dismissed him from service where after he preferred petition No.
All executive and judicial authorities throughout Pakistan are obligated to act in support on the Supreme Court, guaranteeing the enforcement of its judgments. Given that the Supreme Court may be the final arbitrator of all cases where the decision has long been arrived at, the decision of the Supreme Court needs being taken care of as directed in terms of Article 187(2) on the Constitution. Read more
Amir Abdul Majid, 2021 SCMR 420. twelve. There isn't any denial from the fact that in Government service it is predicted that the persons obtaining their character previously mentioned board, free from any moral stigma, are to become inducted. Verification of character and antecedents is really a condition precedent for appointment to the Government service. The candidates must have good character and provide two recent character certificates from unrelated individuals. What is discernible from the above is that the only impediment to being appointed to the Government click here service may be the conviction on an offense involving moral turpitude but involvement, which does not culminate into a proof by conviction, cannot be a means out or guise to try and do away with the candidature of your petitioner. Read more
Case legislation, also used interchangeably with common law, is really a legislation that is based on precedents, that could be the judicial decisions from previous cases, rather than legislation based on constitutions, statutes, or regulations. Case legislation uses the detailed facts of the legal case that have been resolved by courts or similar tribunals.
Binding Precedent – A rule or principle established by a court, which other courts are obligated to follow.
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 law enjoins the police to be scrupulously fair for the offender and the Magistracy is to make sure 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 Nonetheless they have didn't 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 lots of this power casts an obligation to the police and it must bear in mind, as held by this Court that if a person is arrested for just a crime, his constitutional and fundamental rights must not be violated.
If granted absolute immunity, the parties would not only be protected from liability during the matter, but could not be answerable in any way for their actions. When the court delayed making such a ruling, the defendants took their request on the appellate court.
Where there are several members of a court deciding a case, there could possibly be one or more judgments provided (or reported). Only the reason to the decision on the majority can constitute a binding precedent, but all can be cited as persuasive, or their reasoning may very well be adopted in an argument.
refers to regulation that will come from decisions made by judges in previous cases. Case law, also known as “common law,” and “case precedent,” supplies a common contextual background for certain legal concepts, And just how they are applied in certain types of case.