5 Simple Statements About case laws on 493 crpc pakistan Explained
5 Simple Statements About case laws on 493 crpc pakistan Explained
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Since the Supreme Court will be the final arbitrator of all cases where the decision has become attained, therefore the decision from the Supreme Court needs for being taken care of as directed in terms of Article 187(2) from the Constitution. 10. We must dismiss these petitions because the Supreme Court has already ruled on this. Read more
Some pluralist systems, including Scots legislation in Scotland and types of civil regulation jurisdictions in Quebec and Louisiana, will not precisely match into the dual common-civil law system classifications. These types of systems might have been seriously influenced with the Anglo-American common law tradition; however, their substantive law is firmly rooted in the civil law tradition.
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 region, and once a person becomes a major he / she can marry whosoever he/she likes; if the parents in the boy or Lady will not approve of this kind of inter-caste or interreligious marriage the most they will do if they're able to Slash off social relations with the son or perhaps 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 girl who's major undergoes inter-caste or inter-religious marriage with a woman or man who is a major, the couple is neither harassed by any person nor subjected to threats or acts of violence and anyone who gives these types of threats or harasses or commits acts of violence possibly himself or at his instigation, is taken to endeavor by instituting criminal proceedings through the police against this sort of persons and further stern action is taken against this sort of person(s) as provided by law.
If your employee fails to provide a grievance notice, the NIRC might dismiss the grievance petition. This is because the employer has not had an opportunity to respond to the grievance and attempt to resolve it. In some cases, the NIRC might allow the employee to amend the grievance petilion to include the grievance notice. However, this is normally only accomplished When the employee can show that they had a good reason for not serving the grievance notice. In the present case, the parties were allowed to lead evidence and the petitioner company responded for the allegations as such they were well aware about the allegations and led the evidence therefore this point is ofno use being appeared into in constitutional jurisdiction at this stage. Read more
Therefore, this petition is found to be not maintainable and it is dismissed along with the pending application(s), along with the petitioners could look for remedies through the civil court process as discussed supra. Read more
In order to preserve a uniform enforcement in the laws, the legal system adheres towards the doctrine of stare decisis
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A lot of judgments have affirmed that the mere registration of a crime does not constitute a "public interest" justification for restricting a person's liberty. Therefore, the Respondent's actions in inserting the Petitioner's name to the ECL based about the criminal case are inconsistent with founded legal principles. Consequently, this petition must be allowed Read more
163 . Const. P. 4965/2023 (D.B.) Saleem Khan V/S Province of Sindh & Others Sindh High Court, Karachi It is actually very well-settled that whilst looking at the case of standard promotion of civil servants, the competent authority has got to evaluate the benefit of all the qualified candidates and after due deliberations, to grant promotion to these eligible candidates who are found to be most meritorious among them. Because the petitioner was held for being senior to his colleagues who were promoted in BS-19, the petitioner was dismissed via the respondent department just to extend favor into the blue-eyed candidate based on OPS, which is apathy to the part with the respondent department.
This Court may well interfere where the authority held the proceedings against the delinquent officer in the way inconsistent with the rules of natural justice or in violation of statutory rules prescribing the method of inquiry or where the conclusion or finding attained via the disciplinary authority is based on no evidence. If the summary or finding is which include no reasonable person would have ever arrived at, the Court may interfere with the summary or maybe the finding and mildew the relief to make it suitable to your 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. Within the aforesaid proposition, we have been fortified with the decision of 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(Creator) Source: Order: Downloads 337 Order Date: 24-JAN-twenty five Approved for Reporting WhatsApp
Matter:-DIRECTION Hon'ble Mr. Justice Adnan-ul-Karim Memon(Creator) Const. P. 255/2025 (S.B.) Zubaida W/O Muhammad Irfan V/S Inspector General of Police (IGP) Sindh and others Sindh High Court, Karachi SHC Citation: SHC-252210 Tag:The regulation enjoins the police to get scrupulously fair towards the offender and also the Magistracy is to guarantee 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 topic of adverse comments from this Court and from other courts However they have failed to have any corrective effect on it. The police has the power to arrest a person even without obtaining a warrant of arrest from a court. The a good amount of this power casts an obligation on the police and it must bear in mind, as held by this Court that if a person is arrested for just a crime, his constitutional and fundamental rights must not be violated.
The different roles of case regulation in civil and common law traditions create differences in how 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 often interpret the broader legal principles.
17 . Const. P. 5/2024 (S.B.) Mst. Nasira Khalique Thr. Ms. Seema Khalique V/S The get more info Province of Sindh and others Sindh High Court, Karachi 2025 SHC KHI forty six I have read the realized counsel for the parties and perused the record with their assistance. I intentionally not making any detail comments as being the issues with the matter between the parties pending adjudication before the concerned court with regard to the interim relief application in terms of Section seven(one) with the Illegal Dispossession Act 2005 to hand over possession of the subjected premises into the petitioner; that Illegal Dispossession Case needs for being decided by the competent court after hearing the parties if pending as the petitioner has already sought a similar prayer during the Illegal Dispossession case and as far as the restoration of possession of concerned the trial court must see this aspect for interim custody of the topic premises Should 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
refers to law that comes from decisions made by judges in previous cases. Case legislation, also known as “common legislation,” and “case precedent,” gives a common contextual background for certain legal concepts, And just how they are applied in certain types of case.