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. 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 a free and democratic place, and once a person becomes a major she or he can marry whosoever he/she likes; Should the parents of your boy or Female usually do not approve of these kinds of inter-caste or interreligious marriage the maximum they could do if they are able to Lower off social relations with the son or maybe the daughter, Nonetheless they cannot give threats or commit or instigate for acts of violence and cannot harass the person who undergoes these inter-caste or inter-religious marriage. I therefore, direct that the administration/police authorities will see, if any boy or Female that is major undergoes inter-caste or inter-religious marriage with a woman or man that is a major, the pair is neither harassed by any person nor subjected to threats or acts of violence and anyone who gives this sort of threats or harasses or commits acts of violence possibly himself or at his instigation, is taken to endeavor by instituting criminal proceedings from the police against such persons and further stern action is taken against this sort of person(s) as provided by regulation.
This ruling has conditions, and For the reason that petitioners unsuccessful a qualifying Test, they cannot claim equity or this Court's jurisdiction based to the Niazi case analogy. 9. In view of the above mentioned facts and circumstances of the case, petitioners have not demonstrated a case for this court's intervention under Article 199 of the Constitution. Read more
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145 . Const. P. 3670/2023 (D.B.) Rehan Pervez V/S Fed. of Pakistan and Others Sindh High Court, Karachi First and foremost, we would address the issue of maintainability of the instant Petition under Article 199 on the Constitution based about the doctrine of laches as this petition was filed in 2016, whereas the alleged cause of action accrued on the petitioner in 1992. The petitioner asserts that he pursued his legal remedy just after involvement during the FIR lodged by FIA and during the intervening period the respondent dismissed him from service where after he preferred petition No.
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 the criminal case following a conviction, in NAB Reference No. twenty/2011, this does not automatically lead to exoneration from departmental charges based about the same factual grounds. When a writ under Article 199 is out there in specific limited situations, it's generally not the suitable remedy to contest a dismissal from service based on these charges, particularly when the employee was afforded a full possibility to cross-study witnesses and present his/her defense but didn't convince the department of his/her innocence.
However it's made obvious that police is free to acquire action against any person that's indulged in criminal activities topic to legislation. However no harassment shall be caused to your petitioner, if she acts within the bonds of regulation. Police shall also ensure respect in the family get rid of in accordance with regulation and if they have reasonable ground to prevent the congnizable offence they are able to act, so far as raiding the click here house is concerned the police shall safe concrete evidence and acquire necessary permission from the concerned high police official/Magistrate to be a issue of security of your house is concerned, which isn't public place under the Act 1977. 9. Taking into consideration the aforementioned details, the objective of filing this petition has actually been achieved. Consequently, this petition is hereby disposed of during the terms stated above. Bench: Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) Source: Order: Downloads 40 Order Date: 08-APR-twenty five Approved for Reporting WhatsApp
10. Without touching the merits in the case with the issue of yearly increases during the pensionary emoluments of the petitioner, in terms of policy decision in the provincial government, these annual increase, if permissible within the case of employees of KMC, demands further assessment to get made by the court of plenary jurisdiction. KMC's reluctance because of funding issues and insufficient adoption of provincial increases, creates a factual dispute that cannot be resolved in writ jurisdiction, necessitating the petitioner to pursue other legal avenues. Read more
This Court may possibly interfere where the authority held the proceedings against the delinquent officer in the way inconsistent with the rules of natural justice or in violation of statutory rules prescribing the method of inquiry or where the conclusion or finding reached by the disciplinary authority is based on no evidence. If the summary or finding is for instance no reasonable person would have ever achieved, the Court may perhaps interfere with the summary or maybe the finding and mould the relief to make it acceptable into the facts of each 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-appreciate the evidence or maybe the nature of punishment. Around the aforesaid proposition, we're fortified from the decision in the Supreme Court while in 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
This page contains slip opinions. Slip opinions will be the opinions that are filed over the day that the appellate court issues its decision and in many cases are not the court's final opinion.
If granted absolute immunity, the parties would not only be protected from liability in the matter, but could not be answerable in almost any way for their actions. When the court delayed making such a ruling, the defendants took their request to the appellate court.
If that judgment goes to appeal, the appellate court will have the chance to review both the precedent and also the case under appeal, perhaps overruling the previous case law by setting a fresh precedent of higher authority. This may well come about several times because the case works its way through successive appeals. Lord Denning, first on the High Court of Justice, later of your Court of Appeal, provided a famous example of this evolutionary process in his growth of your concept of estoppel starting inside the High Trees case.
The Court holds the authority to review any criminal or civil cases, except for most civil cases in which the amount in controversy does not exceed $two hundred. Additionally, it regulates the legal profession in Washington, and it's issued a Code of Judicial Conduct to guide the actions of state judges.