Detailed Notes on khula case law in pakistan
Detailed Notes on khula case law in pakistan
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Article 199 in the Constitution allows High Court intervention only when "no other enough remedy is provided by law." It really is perfectly-settled that an aggrieved person must exhaust obtainable remedies before invoking High Court jurisdiction, regardless of whether Those people remedies suit them. The doctrine of exhaustion of remedies prevents unnecessary High Court litigation. Read more
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 forty six SHC Citation: SHC-252218 Tag:I have heard the figured out counsel for that parties and perused the record with their assistance. I intentionally not making any detail comments as the issues of your matter between the parties pending adjudication before the concerned court with regard on the interim relief application in terms of Section 7(one) of your Illegal Dispossession Act 2005 at hand over possession with the subjected premises for the petitioner; that Illegal Dispossession Case needs to get decided because of the competent court after hearing the parties if pending since 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 must see this part for interim custody of the topic premises Should 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.
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, and also the role of "badal-i-sulh" in restorative justice. Distinction between probationary release and acquittal. Probationary release to be a legally recognized conviction. Read more
184 . Const. P. 469/2022 (D.B.) Zain Ahmed V/S The I.G of Police and Others Sindh High Court, Karachi In the instant case, the guidelines as established forth would not apply, because the criminal Court has not convicted the petitioner, alternatively he has been acquitted with the criminal charges based on evidence and it's nicely-settled law that once the civil servant is acquitted in the criminal case, then on this very charge he cannot be awarded in any punishment from the department and held him disqualified for the post because acquittal for all long term purposes. The aforesaid proposition has become set at naught with the Supreme Court of Pakistan while in the case on the District Police Officer Mainwali and 2 others v.
Even though there is no prohibition against referring to case legislation from a state other than the state in which the case is being read, it holds minimal sway. Still, if there isn't any precedent inside the home state, relevant case regulation from another state can be regarded as by the court.
When the state court hearing the case reviews the legislation, he finds that, although it mentions large multi-tenant properties in some context, it truly is actually really imprecise about whether the 90-working day provision applies to all landlords. The judge, based about the specific circumstances of Stacy’s case, decides that all landlords are held to the 90-day notice prerequisite, and rules in Stacy’s favor.
In federal or multi-jurisdictional law systems there may exist conflicts between the varied decrease appellate courts. Sometimes these differences may not be resolved, and it could be necessary to distinguish how the legislation is applied in one district, province, division or appellate department.
163 . Const. P. 4965/2023 (D.B.) Saleem Khan V/S Province of Sindh & website Others Sindh High Court, Karachi It really is well-settled that though taking into consideration the case of regular promotion of civil servants, the competent authority has to think about the advantage of the many qualified candidates and after because of deliberations, to grant promotion to such qualified candidates who are found being most meritorious among them. Since the petitioner was held to generally be senior to his colleagues who were promoted in BS-19, the petitioner was overlooked from the respondent department just to extend favor on the blue-eyed candidate based on OPS, which is apathy on the part of your respondent department.
twelve. There is no denial from the fact that in Government service it is predicted that the persons obtaining their character earlier mentioned board, free from any moral stigma, are for being inducted. Verification of character and antecedents is often a condition precedent for appointment to some Government service. The candidates must have good character and supply two recent character certificates from unrelated individuals. What is discernible from the above mentioned is that the only impediment to being appointed into a Government service is the conviction on an offense involving moral turpitude but involvement, which does not culminate into a proof by conviction, cannot be a method out or guise to accomplish absent with the candidature in the petitioner. Bench: Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Writer) Source: Order: Downloads 185 Order Date: fifteen-JAN-25 Approved for Reporting WhatsApp
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 can be withheld on account with the allegations leveled against the petitioner, within 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 deliver for certain circumstances under which a civil servant's pension could be withheld or reduced. These incorporate if a civil servant is found guilty of misconduct or negligence during their service, their pension may very well be withheld or reduced. If a civil servant is convicted of a significant crime, their pension might be withheld or reduced. In some cases, a civil servant's pension could possibly be withheld or reduced if he/she fails to comply with certain conditions established with the government.
The different roles of case law in civil and common legislation traditions create differences in just how that courts render decisions. Common regulation courts generally explain in detail the legal rationale powering their decisions, with citations of both legislation and previous relevant judgments, and often interpret the wider legal principles.
eight. With the reasons stated earlier mentioned, this court finds the petition being without legal or factual foundation and therefore dismisses it. This court concurs with the respondents' position as contend from the comments, and their request is As a result acceded to. All pending applications, if any, will also be dismissed. Read more
Criminal cases From the common regulation tradition, courts decide the legislation applicable to the case by interpreting statutes and applying precedents which record how and why prior cases have been decided. Not like most civil legislation systems, common regulation systems Stick to the doctrine of stare decisis, by which most courts are bound by their have previous decisions in similar cases. According to stare decisis, all reduced courts should make decisions regular with the previous decisions of higher courts.