Indicators on case law on bail on new facts You Should Know
Indicators on case law on bail on new facts You Should Know
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However, the above observation is without prejudice to your legal rights of your parties, arising out of the over marriage from the couple, if any, pending before the competent court of legislation. Read more
Additionally it is important to note that granting of seniority to your civil servant without the actual duration of service nearly violates your entire service framework for a civil servant inducted in Quality seventeen by claiming these types of benefit without any experience be directly posted in almost any higher quality, which is neither the intention of your legislation nor in the equity. Read more
Matter:-HARASSMENT Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) 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 he or she can marry whosoever he/she likes; If your parents with the boy or Woman don't approve of this kind of inter-caste or interreligious marriage the maximum they will do if they're able to cut off social relations with the son or even the daughter, However they cannot give threats or commit or instigate for acts of violence and cannot harass the person who undergoes these inter-caste or inter-religious marriage. I therefore, direct that the administration/police authorities will see, if any boy or Female that's major undergoes inter-caste or inter-religious marriage with a woman or guy that is a major, the pair is neither harassed by any person nor subjected to threats or acts of violence and anybody who offers this sort of threats or harasses or commits acts of violence possibly himself or at his instigation, is taken to task by instituting criminal proceedings because of the police against these kinds of persons and further stern action is taken against such person(s) as provided by regulation.
This ruling has conditions, and since the petitioners failed a qualifying Test, they cannot claim equity or this Court's jurisdiction based within the Niazi case analogy. 9. In view of the above facts and circumstances of the case, petitioners have not demonstrated a case for this court's intervention under Article 199 of your Constitution. Read more
2299 of 2025. The findings are pending finalization and will be submitted without delay. In addition they stated that directives for strict compliance have been issued to all Karachi models, with non-compliance dealing with departmental action. Furthermore, they submitted that an existing enquiry is underway. Therefore, they are directed to complete the proceedings and submit the enquiry report to this court through MIT-II of this Court. 12. This petition stands disposed of in the above mentioned terms. Read more
When there is no prohibition against referring to case regulation from a state other than the state in which the case is being read, it holds minimal sway. Still, if there is no precedent from the home state, relevant case regulation from another state could possibly be considered via the court.
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The court system is then tasked with interpreting the law when it is unclear how it applies to any provided situation, typically rendering judgments based about the intent of lawmakers and also the circumstances with the case at hand. These types of decisions become a guide for future similar cases.
161 . Const. P. 642/2023 (D.B.) Fatima Noor V/S Dow University of Health Science and Others Sindh High Court, Karachi Coming for the main case, Additionally it is a well-established 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 conclusion. But that finding must be based on some evidence. Neither the technical rules nor proof of the fact or evidence from the Stricto-Sensu, utilize 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 of your charge, however, that is subject towards the procedure provided under the relevant rules and not otherwise, for the reason that the Court in its power of judicial review does not work as appellate authority to re-appreciate the evidence and to reach at its independent findings around the evidence.
This Court may perhaps interfere where the authority held the proceedings against the delinquent officer in a fashion inconsistent with the rules of natural justice or in violation of statutory rules prescribing the manner of inquiry or where the summary or finding arrived at by the disciplinary authority is based on no evidence. If the conclusion or finding is such as no reasonable important case laws person would have ever reached, the Court may interfere with the conclusion or maybe the finding and mold the relief to make it suitable on the facts of every case. In service jurisprudence, the disciplinary authority is the sole judge of facts. Where the appeal is presented, the appellate authority has coextensive power to re-appreciate the evidence or maybe the nature of punishment. Around the aforesaid proposition, we're fortified with the decision with the Supreme Court inside the case of Ghulam Murtaza Shaikh v. Chief Minister Sindh (2024 SCMR 1757). Bench: Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) Source: Order: Downloads 337 Order Date: 24-JAN-twenty five Approved for Reporting WhatsApp
twelve . Const. P. 245/2025 (S.B.) Qurban Ali S/o Qasim V/S Province of Sindh and others Sindh High Court, Karachi The regulation enjoins the police to be scrupulously fair into the offender plus the Magistracy is to be certain 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 law and order situation have been the subject of adverse comments from this Court along with from other courts However they have did not have any corrective effect on it.
A year later, Frank and Adel have a similar difficulty. When they sue their landlord, the court must use the previous court’s decision in implementing the legislation. This example of case law refers to 2 cases listened to in the state court, for the same level.
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 however it is already embedded in Fundamental Rule 17, wherein it is lucidly enumerated that the appointing authority may if content that a civil servant who was entitled for being promoted from a particular date was, for no fault of his possess, wrongfully prevented from rendering service to your Federation/ province within the higher post, direct that this kind of civil servant shall be paid the arrears of pay out and allowances of these kinds of higher post through proforma promotion or upgradation arising from the antedated fixation of his/her seniority. Read more
The Court directed the Chief Secretary of Sindh to ensure the Act's effective implementation in line with its original purpose and called for educational programs Bachelor degree(s) in the topic of cooperative societies. Read more