Detailed Notes on khula case law in pakistan
Detailed Notes on khula case law in pakistan
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Article 199 with the Constitution allows High Court intervention only when "no other enough remedy is provided by regulation." It's very well-settled that an aggrieved person must exhaust accessible remedies before invoking High Court jurisdiction, regardless of whether People remedies suit them. The doctrine of exhaustion of remedies prevents unnecessary High Court litigation. Read more
Matter:-HARASSMENT Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) Const. P. 235/2025 (S.B.) Atif S/o Latif V/S Province of Sindh and others Sindh High Court, Karachi SHC Citation: SHC-252216 Tag:The legislation enjoins the police being scrupulously fair to the offender along with the Magistracy is to guarantee 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 together with from other courts but 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 good amount of this power casts an obligation within the police and it must bear in mind, as held by this Court that if a person is arrested for your crime, his constitutional and fundamental rights must not be violated. However it truly is made clear that police is free to take action against any person that's indulged in criminal activities subject matter to legislation. eight. 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-field duties in the interim period. Bench: Hon'ble Mr. Justice Adnan-ul-Karim Memon(Creator) Source: Order: Downloads 113 Order Date: 08-APR-twenty five Approved for Reporting WhatsApp
2299 of 2025. The findings are pending finalization and will be submitted without delay. Additionally they stated that directives for strict compliance have been issued to all Karachi units, with non-compliance struggling with departmental action. Furthermore, they submitted that an existing enquiry is underway. Therefore, They can be directed to complete the proceedings and submit the enquiry report to this court through MIT-II of this Court. 12. This petition stands disposed of in the above terms. Read more
These past decisions are called "case law", or precedent. Stare decisis—a Latin phrase meaning "Allow the decision stand"—could be the principle by which judges are bound to this kind of past decisions, drawing on recognized judicial authority to formulate their positions.
Inside the United States, folks are not necessary to hire an attorney to represent them in possibly civil or criminal matters. Laypeople navigating the legal system on their very own can remember 1 rule of thumb when it relates to referring to case legislation or precedent in court documents: be as specific as feasible, leading the court, not only towards the case, but on the section and paragraph containing the pertinent information.
The legislation as proven in previous court rulings; like common legislation, which springs from judicial decisions and tradition.
In a few jurisdictions, case legislation may be applied to ongoing adjudication; for example, criminal proceedings or family law.
five hundred,000/- (Rupees Five hundred thousand only) each along with the same shall be stored during the police station to your effect that no harm shall be caused to the petitioners. 5. In view of the above mentioned, this Constitutional Petition is disposed of Read more
In other circumstances as discussed supra pensionary benefits cannot be stopped on account of criminal charges after the retirement of two years; and, is violative with the law laid down with the Supreme Court inside the case of Haji Muhammad Ismail Memon, PLD 2007 SC 35. As a result, the competent authority with the parent department in the petitioner plus the Chief Secretary, Sindh, are liable to release the pensionary amount of the petitioner and shell out the pension amount and other ancillary benefits to your petitioner to which He's entitled under the regulation within two months from the date of receipt of this order. The competent authority from the respondent is usually directed to recalculate the pensionary benefits of the petitioner and increases accrued thereon the withheld pensionary benefits with effect from stopping to date. Read more
The appellate court determined that the trial court had not erred in its decision to allow more time for information for being gathered through the parties – specifically regarding the issue of absolute immunity.
If that judgment goes to appeal, the appellate court will have the opportunity to review both the precedent and the case under appeal, Most likely overruling the previous case regulation by setting a completely new precedent of higher authority. This could occur several times as the case works its way through successive appeals. Lord Denning, first with the High Court of Justice, later of the Court of Appeal, provided a famous example of this evolutionary process in his progress of the concept of estoppel starting while more info in the High Trees case.
Matter:-SERVICE Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) Const. P. 642/2023 (D.B.) Fatima Noor V/S Dow University of Health Science and Others Sindh High Court, Karachi SHC Citation: SHC-225471 Tag:Coming on the main case, It is usually a well-proven 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 summary. But that finding must be based on some evidence. Neither the technical rules nor proof of the fact or evidence within the Stricto-Sensu, use to disciplinary proceedings. When the authority accepts that evidence and summary get support therefrom, the disciplinary authority is entitled to hold that the delinquent officer is guilty with the charge, however, that is subject matter to the procedure provided under the relevant rules and not otherwise, for your reason that the Court in its power of judicial review does not act as appellate authority to re-appreciate the evidence and to arrive at its independent findings within the evidence.