famous case laws in pakistan Secrets
famous case laws in pakistan Secrets
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Matter:-HARASSMENT Hon'ble Mr. Justice Adnan-ul-Karim Memon(Creator) 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 state, and once a person becomes a major they can marry whosoever he/she likes; In case the parents with the boy or Lady don't approve of these kinds of inter-caste or interreligious marriage the most they can do if they're able to Lower off social relations with the son or even the daughter, However they cannot give threats or commit or instigate for acts of violence and cannot harass the person who undergoes such inter-caste or inter-religious marriage. I therefore, direct that the administration/police authorities will see, if any boy or Female that's major undergoes inter-caste or inter-religious marriage with a woman or gentleman who is a major, the pair is neither harassed by any individual nor subjected to threats or acts of violence and anyone who provides these kinds of threats or harasses or commits acts of violence either himself or at his instigation, is taken to endeavor by instituting criminal proceedings with the police against these persons and further stern action is taken against this kind of person(s) as provided by regulation.
This ruling has conditions, and since the petitioners failed a qualifying Test, they cannot claim equity or this Court's jurisdiction based to the Niazi case analogy. nine. In view of the above mentioned facts and circumstances of your case, petitioners have not demonstrated a case for this court's intervention under Article 199 from the Constitution. Read more
This Court may perhaps 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 mode of inquiry or where the summary or finding reached from the disciplinary authority is based on no evidence. When the conclusion or finding is like no reasonable person would have ever reached, the Court may interfere with the summary or maybe the finding and mould the relief to really make it acceptable for the facts of each case. In service jurisprudence, the disciplinary authority would be the sole judge of facts. Where the appeal is presented, the appellate authority has coextensive power to re-respect the evidence or maybe the nature of punishment. On the aforesaid proposition, we are fortified by the decision of your Supreme Court in the case of Ghulam Murtaza Shaikh v. Chief Minister Sindh (2024 SCMR 1757). Read more
In order to preserve a uniform enforcement of your laws, the legal system adheres towards the doctrine of stare decisis
Legislation professors traditionally have played a much lesser role in creating case legislation in common regulation than professors in civil regulation. Because court decisions in civil law traditions are historically brief[4] and never formally amenable to establishing precedent, much with the exposition with the regulation in civil law traditions is completed by lecturers somewhat than by judges; this is called doctrine and may be published in treatises or in journals like Recueil Dalloz in France. Historically, common legislation courts relied minor on legal scholarship; thus, in the turn with the twentieth century, it absolutely was really exceptional to check out an academic writer quoted inside a legal decision (besides Probably for that tutorial writings of popular judges which include Coke and Blackstone).
eleven . Const. P. 1479/2024 (S.B.) Mst. Shir Bano and another V/S Province of Sindh and others Sindh High Court, Karachi Primarily, this can be a free and democratic region, and once a person becomes a major he or she can marry whosoever he/she likes; Should the parents with the boy or Woman do not approve of these types of inter-caste or interreligious marriage the utmost they can do if they are able to Slash off social relations with the son or even 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 girl that is major undergoes inter-caste or inter-religious marriage with a woman or man that is a major, the couple is neither harassed by any individual nor subjected to threats or acts of violence and anybody who provides such threats or harasses or commits acts of violence both himself or at his instigation, is taken to endeavor by instituting criminal proceedings through the police against these persons and further stern action is taken against these person(s) as provided by law.
161 . Const. P. 642/2023 (D.B.) Fatima Noor V/S Dow University of Health Science and Others Sindh High Court, Karachi Coming on the main case, It is additionally a very well-recognized proposition of regulation 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 succeed in 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 from the Stricto-Sensu, utilize 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 on the charge, however, that is topic towards the procedure provided under the relevant rules and not otherwise, for the reason that the Court in its power of judicial review does not work as appellate authority to re-respect the evidence and to arrive at its independent findings over the evidence.
Summaries offer concise explanations of legal principles and significant cases pertaining to land ownership, real estate transactions, property rights, and related matters, assisting you in understanding the intricacies of land and get more info property law.
twelve . Const. P. 245/2025 (S.B.) Qurban Ali S/o Qasim V/S Province of Sindh and others Sindh High Court, Karachi The law enjoins the police being scrupulously fair to your offender and the Magistracy is to ensure 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 topic of adverse comments from this Court as well as from other courts However they have didn't have any corrective effect on it.
A year later, Frank and Adel have a similar issue. When they sue their landlord, the court must utilize the previous court’s decision in making use of the law. This example of case regulation refers to two cases read inside the state court, at the same level.
Because of their position between The 2 main systems of legislation, these types of legal systems are sometimes referred to as blended systems of law.
The acquired Tribunal shall decide the case on merits, without being influenced through the findings in the Impugned order, after recording of evidence of the respective parties. Read more