Detailed Notes on khula case law in pakistan
Detailed Notes on khula case law in pakistan
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Matter:-HARASSMENT Hon'ble Mr. Justice Adnan-ul-Karim Memon(Writer) Const. P. 5/2024 (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 forty six SHC Citation: SHC-252218 Tag:I have listened to the learned counsel for that parties and perused the record with their assistance. I intentionally not making any detail comments because the issues of your matter between the parties pending adjudication before the concerned court with regard towards the interim relief application in terms of Section seven(1) of the Illegal Dispossession Act 2005 at hand over possession from the subjected premises for the petitioner; that Illegal Dispossession Case needs to be decided through the competent court after hearing the parties if pending because the petitioner has already sought a similar prayer during the Illegal Dispossession case and so far as the restoration of possession of concerned the trial court has to see this factor for interim custody of the subject premises If your petitioner was found forcibly evicted from the premises in question if she possessed the valid rent agreement and decision be made within two weeks from the date of receipt of this order.
The loads of this power casts an obligation to the police and it must bear in mind, as held by this Court that if a person is arrested for any crime, his constitutional and fundamental rights must not be violated. However it's made crystal clear that police is free to choose action against any person that's indulged in criminal activities subject matter to legislation. 8. The DIGP concerned is directed to prioritize this matter and, after hearing both parties within two weeks, address the alleged police misconduct. In the event the officials are found culpable, departmental proceedings for their punishment must be initiated, and they shall be assigned non-industry duties within the interim period. Bench: Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) Source: Order: Downloads 113 Order Date: 08-APR-25 Approved for Reporting WhatsApp
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 on the doctrine of laches as this petition was filed in 2016, whereas the alleged cause of action accrued for the petitioner in 1992. The petitioner asserts that he pursued his legal remedy just after involvement during the FIR lodged by FIA and in the intervening period the respondent dismissed him from service where after he preferred petition No.
In order to preserve a uniform enforcement from the laws, the legal system adheres to your doctrine of stare decisis
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Amir Abdul Majid, 2021 SCMR 420. twelve. There isn't any denial from the fact that in Government service it is expected that the persons possessing their character over board, free from any moral stigma, are for being inducted. Verification of character and antecedents is actually a condition precedent for appointment into a Government service. The candidates must have good character and provide 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 is 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 do absent with the candidature with the petitioner. Read more
Only the written opinions with the Supreme Court plus the Court of Appeals are routinely readily available. Decisions in the lower (trial) courts are usually not generally published or distributed.
Article 27 in the Constitution does not only safeguard against discrimination within the time of appointment of service but after the appointment also. The disparity from the spend scale allowances of Stenographers inside the District Judiciary is while in the apparent negation with the legislation laid down with the Supreme Court in its various pronouncements. Read more
182 . Const. P. 6025/2024 (D.B.) Dr. Pritam Das V/S Province of Sindh & Others Sindh High Court, Karachi As far as the stance from the respondents that pensionary benefits can be withheld on account on the allegations leveled against the petitioner, inside our view, section 20 on the Sindh Civil Servants Act of 1973 deals with the pension and gratuity that civil servants are entitled to. However, the act does present for certain circumstances under which a civil servant's pension might be withheld or reduced. These consist of if a civil servant is found guilty of misconduct or negligence during their service, their pension can be withheld or reduced. If a civil servant is convicted of a serious crime, their pension could possibly be withheld or reduced. In certain cases, a civil servant's pension might be withheld or reduced if he/she fails to comply with certain conditions set read more with the government.
The reason for this difference is that these civil regulation jurisdictions adhere to the tradition that the reader should be able to deduce the logic from the decision and also the statutes.[four]
8. For your reasons stated above, this court finds the petition to become without legal or factual foundation and therefore dismisses it. This court concurs with the respondents' position as contend in the comments, and their request is thus acceded to. All pending applications, if any, can also be dismissed. Read more
The figured out Tribunal shall decide the case on merits, without being influenced through the findings within the Impugned order, after recording of evidence of your respective parties. Read more