Top latest Five latest pakistani case law Urban news
Top latest Five latest pakistani case law Urban news
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33 . Const. P. 114/2025 (S.B.) Mst. Zoya and another V/S The Province of Sindh and others Sindh High Court, Karachi Additionally, the main objectives of your police would be to apprehend offenders, investigate crimes, and prosecute them before the Courts, also to prevent the commission of crime, and over all, make certain legislation and order to protect citizens' lives and property. The legislation enjoins the police to get scrupulously fair into the offender and also the Magistracy is to be certain a fair investigation and fair trial for an offender. Unfortunately, these objectives have remained unfulfilled. Deviations of police officers and police excesses in dealing with the law and order situation have been the subject of adverse comments from this Court and from other Courts, Nonetheless they have failed to have any corrective effect on it.
How much sway case legislation holds could fluctuate by jurisdiction, and by the precise circumstances of your current case. To examine this concept, evaluate the following case regulation definition.
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 read the realized counsel for that parties and perused the record with their assistance. I intentionally not making any detail comments because the issues of your matter between the parties pending adjudication before the concerned court with regard towards the interim relief application in terms of Section seven(1) with the Illegal Dispossession Act 2005 handy over possession from the subjected premises for the petitioner; that Illegal Dispossession Case needs to generally be decided from the competent court after hearing the parties if pending since 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 needs to see this factor for interim custody of the topic premises In case the petitioner was found forcibly evicted from the premises in question if she possessed the valid rent agreement and decision be made within two months from the date of receipt of this order.
The necessary analysis (called ratio decidendi), then constitutes a precedent binding on other courts; further analyses not strictly necessary to the determination of the current case are called obiter dicta, which represent persuasive authority but are usually not technically binding. By contrast, decisions in civil regulation jurisdictions are generally shorter, referring only to statutes.[four]
13. The Supreme Court has held that the moment the act of misconduct is proven along with the employee is found guilty after owing process of regulation, it's the prerogative in the employer to decide the quantum of punishment, from the different penalties provided in law. The casual or unpremeditated observation that the penalty imposed is not proportionate with the seriousness of the act of misconduct is not really satisfactory however the order must show that the competent authority has applied its mind and exercised the discretion inside a structured and lawful manner. 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 in the Constitution based about the doctrine of laches as this petition was filed in 2016, whereas the alleged cause of action accrued on the petitioner in 1992. The petitioner asserts that he pursued his legal remedy website just after involvement during the FIR lodged by FIA and within the intervening period the respondent dismissed him from service where after he preferred petition No.
Summaries offer a concise insight into the realm of dispute resolution outdoors traditional court proceedings. In Pakistan, arbitration serves as a vital alternative for resolving commercial conflicts quickly and proficiently.
Because of this, just citing the case is more likely to annoy a judge than help the party’s case. Imagine it as calling a person to tell them you’ve found their shed phone, then telling them you live in these kinds of-and-this kind of community, without actually offering them an address. Driving across the community endeavoring to find their phone is probably going for being more frustrating than it’s worth.
In certain jurisdictions, case legislation may be applied to ongoing adjudication; for example, criminal proceedings or family law.
Matter:-PROTECTION Hon'ble Mr. Justice Adnan-ul-Karim Memon(Writer) Const. P. 114/2025 (S.B.) Mst. Zoya and another V/S The Province of Sindh and others Sindh High Court, Karachi SHC Citation: SHC-251830 Tag:Additionally, the main objectives from the police is to apprehend offenders, look into crimes, and prosecute them before the Courts, also to prevent the commission of crime, and previously mentioned all, make sure regulation and order to protect citizens' lives and property. The regulation enjoins the police to get scrupulously fair to your offender along with the Magistracy is to guarantee a fair investigation and fair trial for an offender. Unfortunately, these objectives have remained unfulfilled. Deviations of police officers and police excesses in dealing with the legislation and order situation have been the subject of adverse comments from this Court and from other Courts, Nevertheless they have failed to have any corrective effect on it.
In other circumstances as discussed supra pensionary benefits cannot be stopped on account of criminal charges after the retirement of two years; and, is violative of your law laid down through the Supreme Court inside the case of Haji Muhammad Ismail Memon, PLD 2007 SC 35. Therefore, the competent authority of the parent department in the petitioner along with the Chief Secretary, Sindh, are liable to release the pensionary amount of your petitioner and spend the pension amount and other ancillary benefits into the petitioner to which he is entitled under the regulation within two months from the date of receipt of this order. The competent authority of your respondent can also be directed to recalculate the pensionary benefits of your petitioner and increases accrued thereon the withheld pensionary benefits with effect from stopping to date. Read more
Any court could seek to distinguish the present case from that of a binding precedent, to succeed in a different conclusion. The validity of this type of distinction may or may not be accepted on appeal of that judgment into a higher court.
171 . Const. P. 1832/2019 (D.B.) Muhammad Fakhar ul Hasnain V/S Province of Sindh & Others Sindh High Court, Karachi It truly is very well recognized now that the provision for proforma promotion will not be alien or unfamiliar into the civil servant service framework but it's already embedded in Fundamental Rule seventeen, wherein it is actually lucidly enumerated that the appointing authority may if satisfied that a civil servant who was entitled being promoted from a particular date was, for no fault of his have, wrongfully prevented from rendering service to the Federation/ province within the higher post, direct that this kind of civil servant shall be paid the arrears of spend and allowances of this kind of higher post through proforma promotion or upgradation arising from the antedated fixation of his/her seniority. Read more
Matter:-SERVICE Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) Const. P. 642/2023 (D.B.) Fatima Noor V/S Dow University of Health Science and Others Sindh High Court, Karachi SHC Citation: SHC-225471 Tag:Coming for the main case, It is additionally a very well-founded proposition of law that when an inquiry is conducted on charges of misconduct by a public servant, the Court is concerned with determining whether the inquiry was held by a competent officer or whether rules of natural justice are complied with. Whether the findings or conclusions are based on some evidence, the authority entrusted with the power to hold inquiry has jurisdiction, power, and authority to reach a finding of fact or summary. But that finding must be based on some evidence. Neither the technical rules nor proof of a fact or evidence within the Stricto-Sensu, use to disciplinary proceedings. When the authority accepts that evidence and conclusion obtain support therefrom, the disciplinary authority is entitled to hold that the delinquent officer is guilty on the charge, however, that is matter on the procedure provided under the relevant rules rather than otherwise, for that reason that the Court in its power of judicial review does not work as appellate authority to re-recognize the evidence and to reach at its independent findings about the evidence.