case law air 1964 ker 277 - An Overview
case law air 1964 ker 277 - An Overview
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As the Supreme Court may be the final arbitrator of all cases where the decision has actually been reached, therefore the decision on the Supreme Court needs to generally be taken care of as directed in terms of Article 187(2) in the Constitution. ten. We must dismiss these petitions because the Supreme Court has already ruled on this. Read more
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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 country, and once a person becomes a major he / she can marry whosoever he/she likes; Should the parents of the boy or Lady usually do not approve of this kind of inter-caste or interreligious marriage the maximum they are able to do if they can Slash off social relations with the son or maybe the daughter, Nevertheless 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 is major undergoes inter-caste or inter-religious marriage with a woman or man that's a major, the pair is neither harassed by any one nor subjected to threats or acts of violence and anybody who provides these types of threats or harasses or commits acts of violence both himself or at his instigation, is taken to undertaking by instituting criminal proceedings through the police against this kind of persons and further stern action is taken against this kind of person(s) as provided by law.
Acquittal nullifies prior guilt and fortifies petitioners' eligibility for appointment. No juridical impediment to appointment following acquittal. Equivalence of acquittals under compromise and criminal procedure code, plus the role of "badal-i-sulh" in restorative justice. Distinction between probationary release and acquittal. Probationary release as being a legally recognized conviction. Read more
Therefore, this petition is found to be not maintainable and is also dismissed along with the pending application(s), as well as petitioners could search for remedies through the civil court process as discussed supra. Read more
Given that the Supreme Court is definitely the final arbitrator of all cases where the decision has been reached, therefore the decision with the Supreme Court needs to be taken care of as directed in terms of Article 187(2) of the Constitution. 10. We must dismiss these petitions because the Supreme Court has already ruled on this. Read more
All executive and judicial authorities throughout Pakistan are obligated to act in assist of the Supreme Court, guaranteeing the enforcement of its judgments. Given that the Supreme Court is the final arbitrator of all cases where the decision has become achieved, the decision from the Supreme Court needs to generally be taken care of as directed in terms of Article 187(2) in the Constitution. Read more
The legislation as established in previous court rulings; like common law, which springs from judicial decisions and tradition.
161 . Const. P. 642/2023 (D.B.) Fatima Noor V/S Dow University of Health Science and Others Sindh High Court, Karachi Coming towards the main case, it is also a perfectly-recognized proposition of legislation 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 a fact or evidence during the Stricto-Sensu, implement to disciplinary proceedings. When the authority accepts that evidence and conclusion receive support therefrom, the disciplinary authority is entitled to hold that the delinquent officer is guilty with the charge, however, that is topic into the procedure provided under the relevant rules and not otherwise, for that reason that the Court in its power of judicial review does not work as appellate authority to re-respect the evidence and to arrive at its independent findings around the evidence.
139 . Const. P. 288/2024 (D.B.) Engro Fertilizers Limited through Asad Shakil Khan V/S Full Bench of NIRC & others Sindh High Court, Bench at Sukkur Concerning the second issue of non-service of grievance notice. Under Section 33 of your Industrial Relations Ac1,2012 (lRA 2012), ifa grievance notice is just not served, the grievance petition might be dismissed. This is because service of the grievance notice can be a mandatory requirement along with a precondition for filing a grievance petition. The law demands that a grievance notice be served to the employer before filing a grievance petition. This allows the employer to respond to the grievance and attempt to resolve it amicably. If the employer fails to respond or resolve the grievance, the employee can then file a grievance petition with the National Industrial Relations Commission CNIRC) When the organization is transprovincial.
162 . Const. P. 256/2025 (D.B.) Hafeezullah V/S Govt of Sindh & Others Sindh High website Court, Karachi It really is properly-settled that the civil servants must first pursue internal appeals within 90 days. In case the appeal will not be decided within that timeframe, he/she will be able to then approach the service tribunal to challenge the first order. Once they are doing so, the Tribunal must decide the appeal on merits and cannot merely direct the department to decide it, since the 90 days for that department to act has already expired. Within the aforesaid proposition, we've been guided by the decision of the Supreme Court from the case of Dr.
The appellate court determined that the trial court had not erred in its decision to allow more time for information being gathered via the parties – specifically regarding the issue of absolute immunity.
8. For that reasons stated earlier mentioned, this court finds the petition 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 Consequently acceded to. All pending applications, if any, can also be dismissed. Read more
refers to legislation that will come from decisions made by judges in previous cases. Case law, also known as “common legislation,” and “case precedent,” delivers a common contextual background for certain legal concepts, And exactly how They're applied in certain types of case.