The best Side of pld case laws
The best Side of pld case laws
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case law Case regulation is legislation that is based on judicial decisions alternatively than law based on constitutions , statutes , or regulations . Case regulation concerns distinctive disputes resolved by courts using the concrete facts of the case. By contrast, statutes and regulations are written abstractly. Case law, also used interchangeably with common legislation , refers back to the collection of precedents and authority established by previous judicial decisions with a particular issue or topic.
It is additionally important to note that granting of seniority into a civil servant without the actual length of service practically violates the entire service construction as a civil servant inducted in Quality seventeen by claiming this sort of benefit without any experience be directly posted in almost any higher grade, which is neither the intention in the law nor of your equity. Read more
Matter:-HARASSMENT Hon'ble Mr. Justice Adnan-ul-Karim Memon(Writer) 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 nation, and once a person becomes a major they can marry whosoever he/she likes; If your parents from the boy or Female do not approve of such inter-caste or interreligious marriage the maximum they could do if they can 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 kinds 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 male that is a major, the couple is neither harassed by anyone nor subjected to threats or acts of violence and anyone who presents these threats or harasses or commits acts of violence possibly himself or at his instigation, is taken to process by instituting criminal proceedings through the police against these kinds of persons and further stern action is taken against these person(s) as provided by regulation.
The plenty 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 apparent that police is free to take action against any person who is indulged in criminal activities subject to regulation. eight. The DIGP concerned is directed to prioritize this matter and, after hearing both parties within two weeks, address the alleged police misconduct. When the officials are found culpable, departmental proceedings for their punishment must be initiated, and they shall be assigned non-field duties during the interim period. Bench: Hon'ble Mr. Justice Adnan-ul-Karim Memon(Creator) Source: Order: Downloads 113 Order Date: 08-APR-25 Approved for Reporting WhatsApp
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 set forth would not implement, given that the criminal Court hasn't convicted the petitioner, instead he has actually been acquitted of your criminal charges based on evidence and it's properly-settled legislation that once the civil servant is acquitted during the criminal case, then on this quite charge he cannot be awarded in almost any punishment by the department and held him disqualified for that post because acquittal for all long term purposes. The aforesaid proposition continues to be established at naught because of the Supreme Court of Pakistan during the case of the District Police Officer Mainwali and a couple of others v.
Generally speaking, higher courts do not have direct oversight over the reduced courts of record, in that they cannot arrive at out on their initiative (sua sponte) at any time to overrule judgments from the lessen courts.
All executive and judicial authorities throughout Pakistan are obligated to act in aid in the Supreme Court, guaranteeing the enforcement of its judgments. As the Supreme Court could be the final arbitrator of all cases where the decision continues to be arrived at, the decision on the Supreme Court needs to become taken care of as directed in terms of Article 187(2) on the Constitution. Read more
Amir Abdul Majid, 2021 SCMR 420. 12. There is no denial from the fact that in Government service it is anticipated that the persons obtaining their character higher than board, free from any moral stigma, are to generally be inducted. Verification of character and antecedents is a condition precedent for appointment to your Government service. The candidates must have good character and provide two recent character certificates from unrelated individuals. What is discernible from the above mentioned is that the only impediment to being appointed to a Government service could be the conviction on an offense involving moral turpitude but involvement, which does not culminate into a proof by conviction, cannot be a way out or guise to complete absent with the candidature in the petitioner. Read more
ten. Without touching the merits of the case on the issue of once-a-year increases during the pensionary emoluments of your petitioner, in terms of policy decision in the provincial government, these types of yearly increase, if permissible from the case of employees of KMC, demands further assessment to get made via the court of plenary jurisdiction. KMC's reluctance due to funding issues and lack of adoption of provincial increases, creates a factual dispute that cannot be resolved in writ jurisdiction, requiring the petitioner to go after other legal avenues. Read more
Article 27 of the Constitution does not only safeguard against discrimination for the time of appointment of service but after the appointment likewise. The disparity in memorandum of association case law the pay out scale allowances of Stenographers inside the District Judiciary is while in the distinct negation with the legislation laid down via the Supreme Court in its numerous pronouncements. Read more
Consequently, this petition is hereby disposed of from the terms stated higher than. However no harassment shall be caused to possibly party plus the case shall be decided with the competent court of law if pending. Read more
ten. Based on the findings in the inquiry committee, this petition is not really thought of maintainable and is also therefore liable to become dismissed, which is dismissed accordingly with pending application(s) if any. Read more
seventeen . Const. P. five/2024 (S.B.) Mst. Nasira Khalique Thr. Ms. Seema Khalique V/S The Province of Sindh and others Sindh High Court, Karachi 2025 SHC KHI 46 I have listened to the uncovered counsel to the parties and perused the record with their assistance. I intentionally not making any detail comments as being the issues on the matter between the parties pending adjudication before the concerned court with regard towards the interim relief application in terms of Section 7(1) of your Illegal Dispossession Act 2005 at hand over possession on the subjected premises towards the petitioner; that Illegal Dispossession Case needs to be decided because of the competent court after hearing the parties if pending given that the petitioner has already sought a similar prayer from the Illegal Dispossession case and so far as the restoration of possession of concerned the trial court has to see this part for interim custody of the subject premises In the event 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. Read more
Criminal cases Within the common regulation tradition, courts decide the legislation applicable to some case by interpreting statutes and implementing precedents which record how and why prior cases have been decided. Compared with most civil legislation systems, common regulation systems Keep to the doctrine of stare decisis, by which most courts are bound by their very own previous decisions in similar cases. According to stare decisis, all lessen courts should make decisions steady with the previous decisions of higher courts.