Detailed Notes on khula case law in pakistan
Detailed Notes on khula case law in pakistan
Blog Article
We make no warranties or guarantees about the accuracy, completeness, or adequacy in the information contained on this site, or even the information linked to around the state site. Some case metadata and case summaries were written with the help of AI, which can deliver inaccuracies. You should read the full case before depending on it for legal research purposes.
A lower court may well not rule against a binding precedent, even if it feels that it truly is unjust; it could only express the hope that a higher court or the legislature will reform the rule in question. When the court thinks that developments or trends in legal reasoning render the precedent unhelpful, and desires to evade it and help the law evolve, it may possibly hold that the precedent is inconsistent with subsequent authority, or that it should be distinguished by some material difference between the facts of your cases; some jurisdictions allow for just a judge to recommend that an appeal be performed.
Matter:-HARASSMENT Hon'ble Mr. Justice Adnan-ul-Karim Memon(Creator) 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 is actually a free and democratic place, and once a person becomes a major he / she can marry whosoever he/she likes; if the parents from the boy or Female will not approve of this sort of inter-caste or interreligious marriage the utmost they could do if they will cut off social relations with the son or the daughter, but they cannot give threats or commit or instigate for acts of violence and cannot harass the person who undergoes this kind of inter-caste or inter-religious marriage. I therefore, direct that the administration/police authorities will see, if any boy or Woman that is major undergoes inter-caste or inter-religious marriage with a woman or guy who's a major, the pair is neither harassed by anyone nor subjected to threats or acts of violence and anyone who provides these types of threats or harasses or commits acts of violence possibly himself or at his instigation, is taken to task by instituting criminal proceedings by the police against this kind of persons and further stern action is taken against this sort of person(s) as provided by legislation.
The a good amount of this power casts an obligation about 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. However it truly is made obvious that police is free to just take action against any person who's indulged in criminal activities topic to law. eight. The DIGP concerned is directed to prioritize this matter and, after hearing both parties within two months, address the alleged police misconduct. In case the officials are found culpable, departmental proceedings for their punishment must be initiated, and so they shall be assigned non-area duties within the interim period. Bench: Hon'ble Mr. Justice Adnan-ul-Karim Memon(Writer) Source: Order: Downloads 113 Order Date: 08-APR-25 Approved for Reporting WhatsApp
Therefore, this petition is found being not maintainable and is particularly dismissed along with the pending application(s), as well as petitioners may possibly look for remedies through the civil court process as discussed supra. Read more
a hundred forty five . 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 on the Constitution based on 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 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.
27 . Const. P. 4002/2011 (D.B.) Ibrahim Noor V/S Pakistan International Airways Corporation & Ors. Sindh High Court, Karachi Even, if a petitioner was acquitted in a very criminal case following a conviction, in NAB Reference No. twenty/2011, this does not automatically cause exoneration from departmental charges based on the same factual grounds. Though a writ under Article 199 is obtainable in specific limited situations, it truly is generally not the right remedy to contest a dismissal from service based on these charges, particularly when the employee was afforded a full opportunity to cross-examine witnesses and present his/her defense but didn't persuade the department of his/her innocence.
Because of this, just citing the case is more more likely to annoy a judge than help the party’s case. Think of it as calling someone to inform them you’ve found their misplaced phone, then telling them you live in these kinds of-and-such neighborhood, without actually giving them an address. Driving across the neighborhood endeavoring to find their phone is probably going to be more frustrating than it’s value.
, which is Latin for “stand by decided matters.” This means that a court will be bound to rule in accordance with a previously made ruling about the same style of case.
Summaries deliver an essential glimpse into the intricate landscape of Environment and Climate Laws in Pakistan. Delving into this realm unveils a mosaic of regulations and policies directed at safeguarding natural resources, mitigating environmental degradation, and combating climate change.
182 . Const. P. 6025/2024 (D.B.) Dr. Pritam Das V/S Province of Sindh & Others Sindh High Court, Karachi So far as the stance of your respondents that pensionary benefits could be withheld on account of the allegations leveled against the petitioner, in our view, section twenty from the Sindh Civil Servants Act of 1973 deals with the pension and gratuity that civil servants are entitled to. However, the act does present for certain circumstances click here under which a civil servant's pension could be withheld or reduced. These contain if a civil servant is found guilty of misconduct or negligence during their service, their pension may be withheld or reduced. If a civil servant is convicted of a significant crime, their pension could be withheld or reduced. In some cases, a civil servant's pension may very well be withheld or reduced if he/she fails to comply with certain conditions established from the government.
The reason for this difference is that these civil regulation jurisdictions adhere to your tradition that the reader should be capable of deduce the logic from the decision and the statutes.[4]
156 . Const. P. 1015/2021 (D.B.) Muhammad Saleem Jehangir V/S Province of Sindh and Others Sindh High Court, Karachi It's also important to note that neither seniority nor promotion is definitely the vested right of a civil servant, therefore, neither any seniority nor any promotion could be claimed or granted without the actual size of service on account of vested rights. The purpose of prescribing a particular duration of service for turning into entitled being considered for promotion to your higher grade, of course, will not be without logic because the officer that is initially inducted to your particular post needs to serve about the reported post to gain experience to hold the next higher post and to provide the public inside a befitting way.
Criminal cases During the common law tradition, courts decide the legislation applicable to the case by interpreting statutes and making use of precedents which record how and why prior cases have been decided. Contrary to most civil law systems, common regulation systems follow the doctrine of stare decisis, by which most courts are bound by their possess previous decisions in similar cases. According to stare decisis, all reduce courts should make decisions regular with the previous decisions of higher courts.