famous case laws in pakistan Secrets

famous case laws in pakistan Secrets

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However, the above mentioned observation is without prejudice to your legal rights with the parties, arising out of the over marriage of the pair, if any, pending before the competent court of regulation. Read more

It's also important to note that granting of seniority to a civil servant without the actual length of service pretty much violates the entire service structure to be a civil servant inducted in Grade seventeen by claiming this kind of benefit without any experience be directly posted in almost any higher grade, which is neither the intention of your legislation nor from the equity. Read more

Matter:-HARASSMENT Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) 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 read the discovered counsel for your parties and perused the record with their assistance. I intentionally not making any detail comments as the issues of your matter between the parties pending adjudication before the concerned court with regard on the interim relief application in terms of Section 7(1) of the Illegal Dispossession Act 2005 handy over possession in the subjected premises into the petitioner; that Illegal Dispossession Case needs to get decided from the competent court after hearing the parties if pending as being 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 should see this facet 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 necessary analysis (called ratio decidendi), then constitutes a precedent binding on other courts; further analyses not strictly necessary to your determination of the current case are called obiter dicta, which constitute persuasive authority but are certainly not technically binding. By contrast, decisions in civil law jurisdictions are generally shorter, referring only to statutes.[4]

Consequently, the petition and any related applications are dismissed. The Petitioner has got to pursue his remedy through an appeal before the competent authority. If these types of an appeal has not nonetheless been decided, it should be addressed. Following that decision, the Petitioner could then find further recourse before the Service Tribunal. Read more

To the foregoing reasons the moment suit is dismissed with no order concerning cost. Office to prepare decree in the above mentioned terms. Read more

27 . Const. P. 4002/2011 (D.B.) Ibrahim Noor V/S Pakistan International Airways Corporation & Ors. Sindh High Court, Karachi Even, if a petitioner was acquitted in the criminal case following a conviction, in NAB Reference No. 20/2011, this does not automatically lead to exoneration from departmental charges based over the same factual grounds. Though a writ under Article 199 is out there in specific limited situations, it can be generally not the suitable remedy to contest a dismissal from service based on these charges, particularly when the employee was afforded a full opportunity to cross-examine witnesses and present his/her defense but didn't encourage the department of his/her innocence.

We are an independent branch of government constitutionally entrusted with the fair and just resolution of disputes in order to preserve the rule of law also to protect the rights and liberties guaranteed from the Constitution and laws from the United States and this State.

ten. Without touching the merits from the case of the issue of yearly increases inside the click here pensionary emoluments on the petitioner, in terms of policy decision of the provincial government, these kinds of yearly increase, if permissible from the case of employees of KMC, requires further assessment being made from the court of plenary jurisdiction. KMC's reluctance resulting from funding issues and not enough adoption of provincial increases, creates a factual dispute that cannot be resolved in writ jurisdiction, demanding the petitioner to pursue other legal avenues. Read more

Article 27 on the Constitution does not only safeguard against discrimination in the time of appointment of service but after the appointment at the same time. The disparity while in the pay back scale allowances of Stenographers within the District Judiciary is from the crystal clear negation from the law laid down with the Supreme Court in its a variety of pronouncements. Read more

This page contains slip opinions. Slip opinions will be the opinions that are filed around the working day that the appellate court issues its decision and are frequently not the court's final opinion.

If granted absolute immunity, the parties would not only be protected from liability while in the matter, but could not be answerable in almost any way for their actions. When the court delayed making this kind of ruling, the defendants took their request on the appellate court.

171 . Const. P. 1832/2019 (D.B.) Muhammad Fakhar ul Hasnain V/S Province of Sindh & Others Sindh High Court, Karachi It is actually nicely set up now that the provision for proforma promotion is just not alien or unfamiliar on the civil servant service framework but it's already embedded in Fundamental Rule 17, wherein it truly is lucidly enumerated that the appointing authority may well if content that a civil servant who was entitled for being promoted from a particular date was, for no fault of his personal, wrongfully prevented from rendering service into the Federation/ province from the higher post, direct that these kinds of civil servant shall be paid the arrears of shell out and allowances of such higher post through proforma promotion or upgradation arising from the antedated fixation of his/her seniority. Read more

Rulings by courts of “lateral jurisdiction” are not binding, but could be used as persuasive authority, which is to provide substance for the party’s argument, or to guide the present court.