Detailed Notes on khula case law in pakistan
Detailed Notes on khula case law in pakistan
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The main objectives of police should be to apprehend offenders, look into crimes, and prosecute them before the cours also to prevent to commission of crime, and higher than all make sure regulation and order to protect citizen???s life and property. Read more
Matter:-HARASSMENT Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) 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 really a free and democratic state, and once a person becomes a major he or she can marry whosoever he/she likes; In the event the parents of your boy or Female don't approve of these inter-caste or interreligious marriage the most they are able to do if they're able to Slash off social relations with the son or the daughter, Nonetheless they cannot give threats or commit or instigate for acts of violence and cannot harass the person who undergoes these types of inter-caste or inter-religious marriage. I therefore, direct that the administration/police authorities will see, if any boy or girl that's major undergoes inter-caste or inter-religious marriage with a woman or person that is a major, the pair is neither harassed by any one nor subjected to threats or acts of violence and anybody who provides such threats or harasses or commits acts of violence either himself or at his instigation, is taken to process by instituting criminal proceedings by the police against this kind of persons and further stern action is taken against such person(s) as provided by law.
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The Supreme Court's explanation from Fida Muhammad v. Government of Khyber Pakhtunkhwa and others (2021 SCMR 1895), Obviously distinguished between up-gradation and promotion. Promotion consists of a shift to a higher position with increased responsibilities and rank. Upgradation, around the other hand, presents financial relief by placing an employee in the higher pay scale, without modifying their job duties or position. It's a mechanism designed to address the stagnation of employees who have remained while in the same spend scale for an extended time, particularly when they absence alternatives for promotion. Upgradation is a policy Instrument used to relieve the hardship of prolonged-term stagnation. Read more
Generally speaking, higher courts don't have direct oversight over the reduced courts of record, in that they cannot attain out on their initiative (sua sponte) at any time to overrule judgments from the lessen courts.
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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 anticipated that the persons obtaining their character earlier here mentioned board, free from any moral stigma, are being 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 mentioned is that the only impediment to being appointed into a Government service may be the conviction on an offense involving moral turpitude but involvement, which does not culminate into a proof by conviction, cannot be a method out or guise to carry out absent with the candidature on the petitioner. Read more
Summaries offer concise insights into the legal principles governing agreements between parties, including the formation, interpretation, and enforceability of contracts, delivering a beneficial resource for understanding contractual rights and obligations.
This Court may interfere where the authority held the proceedings against the delinquent officer in a manner 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 because of the disciplinary authority is based on no evidence. If your summary or finding is which include no reasonable person would have ever arrived at, the Court may well interfere with the conclusion or the finding and mold the relief to really make it suitable for the facts of each and 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-enjoy the evidence or the nature of punishment. To the aforesaid proposition, we've been fortified via 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(Writer) Source: Order: Downloads 337 Order Date: 24-JAN-25 Approved for Reporting WhatsApp
Consequently, this petition is hereby disposed of during the terms stated earlier mentioned. However no harassment shall be caused to either party as well as case shall be decided from the competent court of law if pending. Read more
A year later, Frank and Adel have a similar dilemma. When they sue their landlord, the court must utilize the previous court’s decision in applying the regulation. This example of case regulation refers to two cases listened to within the state court, with the same level.
171 . Const. P. 1832/2019 (D.B.) Muhammad Fakhar ul Hasnain V/S Province of Sindh & Others Sindh High Court, Karachi It is actually perfectly proven now that the provision for proforma promotion isn't alien or unfamiliar to your civil servant service construction but it's already embedded in Fundamental Rule seventeen, wherein it really is lucidly enumerated that the appointing authority may if content that a civil servant who was entitled being promoted from a particular date was, for no fault of his have, wrongfully prevented from rendering service on the Federation/ province in the higher post, direct that these kinds of civil servant shall be paid the arrears of pay and allowances of these kinds of higher post through proforma promotion or upgradation arising from the antedated fixation of his/her seniority. Read more
Rulings by courts of “lateral jurisdiction” usually are not 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.