The best Side of case law de listed plot from abandoned proerty supreme court
The best Side of case law de listed plot from abandoned proerty supreme court
Blog Article
However, the above mentioned observation is without prejudice to your legal rights with the parties, arising out on the over marriage of your couple, if any, pending before the competent court of regulation. Read more
It is additionally important to note that granting of seniority to the civil servant without the actual length of service just about violates the whole service construction being a civil servant inducted in Quality seventeen by claiming these types of benefit without any experience be directly posted in any higher grade, which is neither the intention with the legislation nor of the equity. Read more
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 actually a free and democratic state, and once a person becomes a major she or he can marry whosoever he/she likes; In case the parents from the boy or girl tend not to approve of these kinds of inter-caste or interreligious marriage the maximum they're able to do if they could Slice off social relations with the son or maybe the daughter, but they cannot give threats or commit or instigate for acts of violence and cannot harass the person who undergoes these types of inter-caste or inter-religious marriage. I therefore, direct that the administration/police authorities will see, if any boy or Female that is major undergoes inter-caste or inter-religious marriage with a woman or person who is a major, the couple is neither harassed by anybody nor subjected to threats or acts of violence and anyone who gives such threats or harasses or commits acts of violence either himself or at his instigation, is taken to task by instituting criminal proceedings by the police against this kind of persons and further stern action is taken against this kind of person(s) as provided by legislation.
We make no warranties or guarantees about the accuracy, completeness, or adequacy of your information contained on this site, or perhaps the information linked to around the state site. Some case metadata and case summaries were written with the help of AI, which can deliver inaccuracies. You should read the full case before depending on it for legal research purposes.
149 . Const. P. 6193/2016 (D.B.) Syed Musawar Shah V/S M.D CSD and Ors Sindh High Court, Karachi First and foremost, we would address the issue of maintainability of the instant Petition under Article 199 on the Constitution based to the doctrine of laches as this petition was filed in 2016, whereas the alleged cause of action accrued to the petitioner in 1992. The petitioner asserts that he pursued his legal remedy just after involvement while in the FIR lodged by FIA and in the intervening period the respondent dismissed him from service where after he preferred petition No.
Generally speaking, higher courts do not have direct oversight over the decreased courts of record, in that they cannot achieve out on their initiative (sua sponte) click here at any time to overrule judgments from the lessen courts.
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 in the 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. Whilst a writ under Article 199 is out there in specific limited situations, it truly is generally not the appropriate remedy to contest a dismissal from service based on these charges, particularly when the employee was afforded a full possibility to cross-analyze witnesses and present his/her defense but did not convince the department of his/her innocence.
The legislation as founded in previous court rulings; like common law, which springs from judicial decisions and tradition.
10. Without touching the merits of your case of the issue of yearly increases in the pensionary emoluments of the petitioner, in terms of policy decision of your provincial government, these kinds of once-a-year increase, if permissible while in the case of employees of KMC, necessitates further assessment to become made because of the court of plenary jurisdiction. KMC's reluctance due to funding issues and insufficient adoption of provincial increases, creates a factual dispute that cannot be resolved in writ jurisdiction, necessitating the petitioner to go after other legal avenues. Read more
Article 199 with the Constitution allows High Court intervention only when "no other suitable remedy is provided by law." It truly is perfectly-settled that an aggrieved person must exhaust accessible remedies before invoking High Court jurisdiction, regardless of whether All those remedies suit them. The doctrine of exhaustion of remedies prevents unnecessary High Court litigation. Read more
12 . Const. P. 245/2025 (S.B.) Qurban Ali S/o Qasim V/S Province of Sindh and others Sindh High Court, Karachi The legislation enjoins the police being scrupulously fair on 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 regulation and order situation have been the subject of adverse comments from this Court and also from other courts but they have did not have any corrective effect on it.
The different roles of case law in civil and common law traditions create differences in the way that courts render decisions. Common law courts generally explain in detail the legal rationale behind their decisions, with citations of both legislation and previous relevant judgments, and sometimes interpret the broader legal principles.
eight. For your reasons stated earlier mentioned, this court finds the petition for 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 thus acceded to. All pending applications, if any, will also be dismissed. Read more
Criminal cases While in the common law tradition, courts decide the law applicable to your case by interpreting statutes and making use of precedents which record how and why prior cases have been decided. In contrast to most civil regulation systems, common legislation systems Stick 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.