Detailed Notes on khula case law in pakistan
Detailed Notes on khula case law in pakistan
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However, the above mentioned observation is without prejudice towards the legal rights with the parties, arising out on the over marriage of your pair, if any, pending before the competent court of law. Read more
Additionally it is important to note that granting of seniority to some civil servant without the actual length of service just about violates the whole service structure for a civil servant inducted in Grade 17 by claiming this sort of benefit without any experience be directly posted in any higher quality, which is neither the intention in the legislation nor of the equity. Read more
ten . Const. P. 235/2025 (S.B.) Atif S/o Latif V/S Province of Sindh and others Sindh High Court, Karachi The law enjoins the police for being scrupulously fair for the offender along with 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 law and order situation have been the subject of adverse comments from this Court along with from other courts but they have didn't 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 about the police and it must bear in mind, as held by this Court that if a person is arrested to get a crime, his constitutional and fundamental rights must not be violated. However it is made clear that police is free to take action against any person that's indulged in criminal activities subject matter to law. eight. The DIGP concerned is directed to prioritize this matter and, after hearing both parties within two weeks, address the alleged police misconduct. In case the officials are found culpable, departmental proceedings for their punishment must be initiated, plus they shall be assigned non-area duties in the interim period. Read more
Therefore, this petition is found being not maintainable and it is dismissed along with the pending application(s), and the petitioners may well find remedies through the civil court process as discussed supra. Read more
In order to preserve a uniform enforcement of the laws, the legal system adheres on the doctrine of stare decisis
27 . Const. P. 4002/2011 (D.B.) Ibrahim Noor V/S Pakistan International Airlines Corporation & Ors. Sindh High Court, Karachi Even, if a petitioner was acquitted in a criminal case more info following a conviction, in NAB Reference No. twenty/2011, this does not automatically cause exoneration from departmental charges based within the same factual grounds. Even though a writ under Article 199 is offered in specific limited situations, it really is generally not the appropriate remedy to contest a dismissal from service based on these charges, particularly when the employee was afforded a full opportunity to cross-examine witnesses and present his/her defense but didn't persuade the department of his/her innocence.
168 . H.C.A 203/2016 (D.B.) Saleh Muhammad V/S Faqir Muhammad & others Sindh High Court, Karachi Subject matter: Appeal At times it's practical to get a Judge to dismiss the suit for non-prosecution, however, a Judge is under the obligation to help make an attempt to dispose of a case on merit and more importantly when after recording of evidence it's achieved to your stage of final arguments, endeavors should be made for advantage disposal when it has attained this kind of stage. Read more
, which is Latin for “stand by decided matters.” This means that a court will be bound to rule in accordance with a previously made ruling within the same variety of case.
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 will be to apprehend offenders, examine crimes, and prosecute them before the Courts, also to prevent the commission of crime, and over all, ensure regulation and order to protect citizens' lives and property. The legislation enjoins the police for being scrupulously fair into the offender plus the Magistracy is to make certain 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 law and order situation have been the topic of adverse comments from this Court and also from other Courts, Nonetheless they have didn't have any corrective effect on it.
This page contains slip opinions. Slip opinions would be the opinions that are filed about the day that the appellate court issues its decision and are frequently not the court's final opinion.
If granted absolute immunity, the parties would not only be protected from liability in the matter, but couldn't be answerable in almost any way for their actions. When the court delayed making this kind of ruling, the defendants took their request to your appellate court.
Because of their position between the two main systems of legislation, these types of legal systems are sometimes referred to as mixed systems of legislation.
The figured out Tribunal shall decide the case on merits, without being influenced through the findings in the Impugned order, after recording of evidence with the respective parties. Read more