Detailed Notes on khula case law in pakistan
Detailed Notes on khula case law in pakistan
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9 . 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 The regulation enjoins the police for being scrupulously fair towards the offender as well as Magistracy is to make 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 from other courts Nevertheless 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 lot of this power casts an obligation over 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.
For legal professionals, there are specific rules regarding case citation, which range depending over the court and jurisdiction hearing the case. Proper case regulation citation inside of a state court may not be suitable, or perhaps accepted, with the U.
Matter:-HARASSMENT Hon'ble Mr. Justice Adnan-ul-Karim Memon(Creator) 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 CITATION:2025 SHC KHI 46 SHC Citation: SHC-252218 Tag:I have read the learned counsel to the parties and perused the record with their assistance. I intentionally not making any detail comments since the issues with the matter between the parties pending adjudication before the concerned court with regard to your interim relief application in terms of Section seven(one) in the Illegal Dispossession Act 2005 handy over possession from the subjected premises towards the petitioner; that Illegal Dispossession Case needs to generally be decided through the competent court after hearing the parties if pending since the petitioner has already sought a similar prayer inside the Illegal Dispossession case and so far as the restoration of possession of concerned the trial court has got to see this element for interim custody of the topic 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.
Also, it might review an appeal of a decision for which it's got granted certification. In addition to its legal authority, the Court holds limited political authority. It will review and finalize a decision by the New Jersey Redistricting Commission on redistricting congressional districts If your Commission cannot achieve a decision.
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 moment 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 your petitioner in 1992. The petitioner asserts that he pursued his legal remedy just after involvement while in the FIR lodged by FIA and within the intervening period the respondent dismissed him from service where after he preferred petition No.
While there isn't any prohibition against referring to case legislation from a state other than the state in which the case is being heard, it holds little sway. Still, if there is no precedent from the home state, relevant case regulation from another state could possibly be considered with the court.
All executive and judicial authorities throughout Pakistan are obligated to act in help with the Supreme Court, making certain the enforcement of its judgments. Given that the Supreme Court is the final arbitrator of all cases where the decision has become reached, the decision in the Supreme Court needs to generally be taken care of as directed in terms of Article 187(two) in the Constitution. Read more
Amir Abdul Majid, 2021 SCMR 420. 12. There is not any denial from the fact that in Government service it is predicted that the persons owning their character previously mentioned board, free from any moral stigma, are to get inducted. Verification of character and antecedents is often a condition precedent for appointment to your Government service. The candidates must have good character and supply two recent character certificates from unrelated individuals. What is discernible from the above is that the only impediment to being appointed to some Government service will 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 away with the candidature of your petitioner. Read more
163 . Const. P. 4965/2023 (D.B.) Saleem Khan V/S Province of Sindh & Others Sindh High Court, Karachi It is properly-settled that even though contemplating the case of normal promotion of civil servants, the competent authority needs to take into account the merit of every one of the qualified candidates and after thanks deliberations, to grant promotion to these kinds of suitable candidates that are found to get most meritorious amongst them. Considering that the petitioner was held to get senior to his colleagues who were promoted website in BS-19, the petitioner was dismissed via the respondent department just to extend favor to your blue-eyed candidate based on OPS, which is apathy within the part from the respondent department.
Article 199 in the Constitution allows High Court intervention only when "no other adequate remedy is provided by law." It is actually well-settled that an aggrieved person must exhaust accessible remedies before invoking High Court jurisdiction, regardless of whether Individuals remedies suit them. The doctrine of exhaustion of remedies prevents unnecessary High Court litigation. Read more
The police have the power to arrest a person even without obtaining a warrant of arrest from a Court for cognizable offenses. The presence of this power casts an obligation on the police, they usually must bear in mind, as held by this Court from time to time in its numerous pronouncemnts, that if a person is arrested for a crime, his constitutional and fundamental rights must not be violated. Primarily, the Police Officers are necessary to protect rather than abduct. Read more
If granted absolute immunity, the parties would not only be protected from liability within the matter, but could not be answerable in any way for their actions. When the court delayed making such a ruling, the defendants took their request to the appellate court.
Because of their position between the two main systems of law, these types of legal systems are sometimes referred to as mixed systems of regulation.
Rulings by courts of “lateral jurisdiction” aren't binding, but may very well be used as persuasive authority, which is to provide substance on the party’s argument, or to guide the present court.