The Basic Principles Of engagement case law in pakistan
The Basic Principles Of engagement case law in pakistan
Blog Article
We make no warranties or guarantees about the precision, completeness, or adequacy on the information contained on this site, or even the information linked to about the state site. Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before depending on it for legal research purposes.
Article 199 from the Constitution allows High Court intervention only when "no other ample remedy is provided by legislation." It can be well-settled that an aggrieved person must exhaust obtainable remedies before invoking High Court jurisdiction, regardless of whether Those 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(Writer) Const. P. five/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 46 SHC Citation: SHC-252218 Tag:I have heard the uncovered counsel to the parties and perused the record with their assistance. I intentionally not making any detail comments because the issues of the matter between the parties pending adjudication before the concerned court with regard for the interim relief application in terms of Section 7(one) in the Illegal Dispossession Act 2005 handy over possession in the subjected premises towards the petitioner; that Illegal Dispossession Case needs to become decided because of the competent court after hearing the parties if pending as being the petitioner has already sought a similar prayer while in the Illegal Dispossession case and so far as the restoration of possession of concerned the trial court needs to see this component for interim custody of the topic premises Should the petitioner was found forcibly evicted from the premises in question if she possessed the valid rent agreement and decision be made within two months from the date of receipt of this order.
Also, it might review an appeal of the decision for which it's got granted certification. In addition to its legal authority, the Court holds limited political authority. It will review and finalize a decision by The brand new Jersey Redistricting Commission on redistricting congressional districts if the Commission cannot achieve a decision.
Unfortunately, that wasn't legitimate. Just two months after being placed with the Roe family, the Roe’s son informed his parents that the boy had molested him. The boy was arrested two times later, and admitted to having sexually molested the few’s son several times.
a hundred forty five . 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 moment Petition under Article 199 on the Constitution based around the doctrine of laches as this petition was filed in 2016, whereas the alleged cause of action accrued into the petitioner in 1992. The petitioner asserts that he pursued his legal remedy just after involvement while in the FIR lodged by FIA and in the intervening period the respondent dismissed him from service where after he preferred petition No.
When the state court hearing the case reviews the law, he finds that, whilst it mentions large multi-tenant properties in certain context, it's actually very obscure about whether the ninety-working day provision applies to all landlords. The judge, based about the specific circumstances of Stacy’s case, decides that all landlords are held towards the 90-working day notice need, and rules in Stacy’s favor.
The court system is then tasked with interpreting the law when it truly is unclear the way it applies to any presented situation, often rendering judgments based about the intent of lawmakers as well as the circumstances from the case at hand. This kind of decisions become a guide for long run similar cases.
ten. Without touching the merits from the case of the issue of annual increases inside the pensionary emoluments in the petitioner, in terms of policy decision with the provincial government, these kinds of yearly increase, if permissible inside the case of employees of KMC, calls for further assessment to generally be made through the court of plenary jurisdiction. KMC's reluctance on account 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 well interfere where the authority held the proceedings against the delinquent officer within a way inconsistent with the rules of natural justice or in violation of statutory rules prescribing the method of inquiry or where the summary or finding attained via the disciplinary authority is based on no evidence. Should the summary or finding is which include no reasonable person would have ever achieved, the Court might interfere with the summary or maybe the finding and mold the relief to make it appropriate to the facts of each and every case. In service jurisprudence, the disciplinary authority is definitely 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. Within the aforesaid proposition, we've been fortified because of the decision on the Supreme Court during 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(Author) Source: Order: Downloads 337 Order Date: 24-JAN-twenty five Approved for Reporting WhatsApp
For that reason, this petition is hereby disposed of from the terms stated over. However no harassment shall be caused to either party and also the case shall be decided because of the competent court of legislation if pending. Read more
A year later, Frank and Adel have a similar difficulty. When they sue their landlord, the court must use the previous court’s decision in making use of the legislation. This example of case law refers to 2 cases heard inside the state court, at website the same level.
In determining whether employees of DCFS are entitled to absolute immunity, which is generally held by certain government officials acting within the scope of their employment, the appellate court referred to case legislation previously rendered on similar cases.
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 for the main case, It is additionally a perfectly-established proposition of law 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 conclusion. But that finding must be based on some evidence. Neither the technical rules nor proof of a fact or evidence inside the Stricto-Sensu, implement to disciplinary proceedings. When the authority accepts that evidence and summary acquire support therefrom, the disciplinary authority is entitled to hold that the delinquent officer is guilty of your charge, however, that is issue 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 around the evidence.