The ejectment order against provincial government case law pakistan Diaries
The ejectment order against provincial government case law pakistan Diaries
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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 a free and democratic place, and once a person becomes a major she or he can marry whosoever he/she likes; Should the parents of your boy or Lady don't approve of these types of inter-caste or interreligious marriage the maximum they're able to do if they might Reduce off social relations with the son or maybe the daughter, Nonetheless they cannot give threats or commit or instigate for acts of violence and cannot harass the person who undergoes these kinds of inter-caste or inter-religious marriage. I therefore, direct that the administration/police authorities will see, if any boy or girl who is major undergoes inter-caste or inter-religious marriage with a woman or gentleman that's a major, the couple is neither harassed by any individual nor subjected to threats or acts of violence and anybody who presents these kinds of threats or harasses or commits acts of violence possibly himself or at his instigation, is taken to undertaking by instituting criminal proceedings from the police against this sort of persons and further stern action is taken against such person(s) as provided by legislation.
Persuasive Authority – Prior court rulings that could possibly be consulted in deciding a current case. It might be used to guide the court, but just isn't binding precedent.
As a result, the petition and any related applications are dismissed. The Petitioner must go after his remedy through an appeal before the competent authority. If such an appeal hasn't still been decided, it should be addressed. Following that decision, the Petitioner could then look for further recourse before the Service Tribunal. 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 moment Petition under Article 199 from the Constitution based over the doctrine of laches as this petition was filed in 2016, whereas the alleged cause of action accrued for the petitioner in 1992. The petitioner asserts that he pursued his legal remedy just after involvement from 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 inside a criminal case following a conviction, in NAB Reference No. 20/2011, this does not automatically bring on exoneration from departmental charges based about the same factual grounds. Although a writ under Article 199 is obtainable in specific limited situations, it is actually generally not the right remedy to contest a dismissal from service based on these charges, particularly when the employee was afforded a full possibility to cross-take a look at witnesses and present his/her defense but did not persuade the department of his/her innocence.
Several judgments have affirmed that the mere registration of the crime does not represent a "public interest" justification for restricting a person's liberty. Therefore, the Respondent's actions in positioning the Petitioner's name on the ECL based about the criminal case are inconsistent with established legal principles. As a result, this petition must be allowed Read more
The DCFS social worker in charge of the boy’s case had the boy made a ward of DCFS, As well as in her 6-thirty day period report on the court, the worker elaborated on the boy’s sexual abuse history, and stated that she planned to maneuver him from a facility into a “more homelike setting.” The court approved her plan.
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 guidelines directed at safeguarding natural resources, mitigating environmental degradation, and combating climate change.
The police have the power to arrest a person even without obtaining a warrant of arrest from a Court for cognizable offenses. The presence of this power casts an obligation on the police, plus they must bear in mind, as held by this Court from time to time in its various pronouncemnts, that if a person is arrested for any crime, his constitutional and fundamental rights must not be violated. Primarily, the Police Officers are necessary to protect instead of abduct. Read more
Any court could seek to distinguish the present case from that of a binding precedent, to achieve a different summary. The validity of this type of distinction might or might not be accepted on appeal of that judgment into a higher court.
Where there are several members of the court deciding a case, there could possibly be one or more judgments provided (or reported). Only the reason for your decision on the majority can constitute a binding precedent, but all can be cited as persuasive, or their reasoning may be adopted in an argument.
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 on the main case, It's also a properly-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 achieve a finding of fact website or summary. But that finding must be based on some evidence. Neither the technical rules nor proof of a fact or evidence in the Stricto-Sensu, use to disciplinary proceedings. When the authority accepts that evidence and summary acquire support therefrom, the disciplinary authority is entitled to hold that the delinquent officer is guilty in the charge, however, that is matter into the procedure provided under the relevant rules and not otherwise, to the reason that the Court in its power of judicial review does not work as appellate authority to re-respect the evidence and to arrive at its independent findings about the evidence.