famous case laws in pakistan Secrets
famous case laws in pakistan Secrets
Blog Article
Justia – a comprehensive resource for federal and state statutory laws, as well as case regulation at both the federal and state levels.
A decrease court might not rule against a binding precedent, whether or not it feels that it's unjust; it might only express the hope that a higher court or perhaps the legislature will reform the rule in question. Should the court believes that developments or trends in legal reasoning render the precedent unhelpful, and desires to evade it and help the legislation evolve, it may well both hold that the precedent is inconsistent with subsequent authority, or that it should be distinguished by some material difference between the facts of the cases; some jurisdictions allow for a judge to recommend that an appeal be completed.
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 usually a free and democratic state, and once a person becomes a major he / she can marry whosoever he/she likes; If your parents of your boy or Lady usually do not approve of such inter-caste or interreligious marriage the utmost they could do if they could Minimize off social relations with the son or the daughter, However 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 Lady who's major undergoes inter-caste or inter-religious marriage with a woman or person who's a major, the few is neither harassed by anyone nor subjected to threats or acts of violence and anybody who provides these threats or harasses or commits acts of violence either himself or at his instigation, is taken to process by instituting criminal proceedings through the police against these persons and further stern action is taken against this kind of person(s) as provided by legislation.
Persuasive Authority – Prior court rulings that may very well be consulted in deciding a current case. It may be used to guide the court, but is not really binding precedent.
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 use, because the criminal Court has not convicted the petitioner, rather he is acquitted of the criminal charges based on evidence and it is actually well-settled law that once the civil servant is acquitted during the criminal case, then on this pretty charge he cannot be awarded in any punishment from the department and held him disqualified with the post because acquittal for all long run purposes. The aforesaid proposition has become set at naught from the Supreme Court of Pakistan inside the case of the District Police Officer Mainwali and a couple of others v.
Since the Supreme Court is the final arbitrator of all cases where the decision has long been attained, therefore the decision of the Supreme Court needs to generally be taken care of as directed in terms of Article 187(two) on the Constitution. 10. We must dismiss these petitions because the Supreme Court has already ruled on this. Read more
Regulation professors traditionally have played a much smaller role in creating case law in common law than professors in civil law. Because court decisions in civil law traditions are historically brief[4] and not formally amenable to establishing precedent, much from the exposition in the legislation in civil regulation traditions is finished by teachers rather than by judges; this is called doctrine and may be published in treatises or in journals such as Recueil Dalloz in France. Historically, common law courts relied small on legal scholarship; Hence, on the turn on the twentieth century, it had been quite unusual to view an academic writer quoted in a legal decision (except Potentially for the academic writings of prominent judges like Coke and Blackstone).
However it really is made clear that police is free to acquire action against any person who is indulged in criminal activities subject matter to regulation. However no harassment shall be caused on the petitioner, if she acts within the bonds of regulation. Police shall also make certain regard of the family get rid of in accordance with regulation and if they have reasonable ground to prevent the congnizable offence they will act, so far as raiding the house is concerned the police shall safe concrete evidence and procure necessary permission from the concerned high police official/Magistrate to be a issue of security on the house is concerned, which is not public place under the Act 1977. 9. Looking at the aforementioned details, the objective of filing this petition continues to be obtained. Consequently, this petition is hereby disposed of inside the terms stated earlier mentioned. Bench: Hon'ble Mr. Justice Adnan-ul-Karim Memon(Creator) Source: Order: Downloads 40 Order Date: 08-APR-25 Approved for Reporting WhatsApp
ten. Without touching the merits of your case on the issue of once-a-year increases from the pensionary emoluments from the petitioner, in terms of policy 9c case laws in urdu decision of your provincial government, these kinds of once-a-year increase, if permissible within the case of employees of KMC, involves further assessment to become made because of the court of plenary jurisdiction. KMC's reluctance as a result of funding issues and deficiency of adoption of provincial increases, creates a factual dispute that cannot be resolved in writ jurisdiction, demanding the petitioner to go after other legal avenues. Read more
Matter:-PROTECTION Hon'ble Mr. Justice Adnan-ul-Karim Memon(Creator) 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 with the police would be to apprehend offenders, look into crimes, and prosecute them before the Courts, also to prevent the commission of crime, and above all, be certain legislation and order to protect citizens' lives and property. The regulation enjoins the police to get scrupulously fair to the offender as well as Magistracy is to ensure 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 regulation and order situation have been the subject of adverse comments from this Court as well as from other Courts, Nevertheless they have failed to have any corrective effect on it.
182 . Const. P. 6025/2024 (D.B.) Dr. Pritam Das V/S Province of Sindh & Others Sindh High Court, Karachi As far as the stance from the respondents that pensionary benefits may be withheld on account of your allegations leveled against the petitioner, inside our view, section 20 in the Sindh Civil Servants Act of 1973 deals with the pension and gratuity that civil servants are entitled to. However, the act does offer for certain circumstances 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 can be withheld or reduced. If a civil servant is convicted of a significant crime, their pension may be withheld or reduced. In some cases, a civil servant's pension could be withheld or reduced if he/she fails to comply with certain conditions set with the government.
In 1997, the boy was placed into the home of John and Jane Roe for a foster child. Although the couple experienced two youthful children of their own at home, the social worker did not notify them about the boy’s history of both being abused, and abusing other children. When she made her report on the court the following day, the worker reported the boy’s placement inside the Roe’s home, but didn’t mention that the couple had youthful children.
156 . Const. P. 1015/2021 (D.B.) Muhammad Saleem Jehangir V/S Province of Sindh and Others Sindh High Court, Karachi Additionally it is important to note that neither seniority nor promotion would be the vested right of a civil servant, therefore, neither any seniority nor any promotion might be claimed or granted without the actual duration of service on account of vested rights. The purpose of prescribing a particular size of service for turning out to be entitled to become thought of for promotion to the higher quality, of course, is just not without logic since the officer who is initially inducted to the particular post needs to provide about the stated post to gain experience to hold the next higher post also to provide the public within a befitting fashion.
Therefore, this petition is found for being not maintainable which is dismissed along with the pending application(s), and the petitioners may perhaps seek out remedies through the civil court process as discussed supra. Read more