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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 heard the figured out counsel for the parties and perused the record with their assistance. I intentionally not making any detail comments given that the issues from the matter between the parties pending adjudication before the concerned court with regard towards the interim relief application in terms of Section seven(one) with the Illegal Dispossession Act 2005 at hand over possession on the subjected premises into the petitioner; that Illegal Dispossession Case needs for being decided by the competent court after hearing the parties if pending as the petitioner has already sought a similar prayer inside the Illegal Dispossession case and as far as the restoration of possession of concerned the trial court has got to see this factor for interim custody of the topic premises When 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.
The necessary analysis (called ratio decidendi), then constitutes a precedent binding on other courts; further analyses not strictly necessary towards the determination on the current case are called obiter dicta, which constitute persuasive authority but will not be technically binding. By contrast, decisions in civil regulation jurisdictions are generally shorter, referring only to statutes.[four]
thirteen. The Supreme Court has held that as soon as the act of misconduct is recognized along with the employee is found guilty after due process of law, it is the prerogative on the employer to decide the quantum of punishment, out of the varied penalties provided in legislation. The casual or unpremeditated observation that the penalty imposed just isn't proportionate with the seriousness from the act of misconduct will not be satisfactory but the order must show that the competent authority has applied its mind and exercised the discretion in a very structured and lawful method. Read more
Civil Courts retain jurisdiction over title disputes in partition matters. Agreement to sell does not confer title; it calls for legal transfer of title. Agreement to sell must be manufactured and properly exhibited in evidence. Declining relief based on an unproduced and un-exhibited sale agreement is legally unsustainable. Read more
All executive and judicial authorities throughout Pakistan are obligated to act in aid on the Supreme Court, ensuring the enforcement of its judgments. As being the Supreme Court check here is the final arbitrator of all cases where the decision is reached, the decision in the Supreme Court needs to get taken care of as directed in terms of Article 187(2) with the Constitution. Read more
Several judgments have affirmed that the mere registration of the crime does not constitute a "public interest" justification for restricting a person's liberty. Therefore, the Respondent's actions in putting the Petitioner's name over the ECL based over the criminal case are inconsistent with proven legal principles. Therefore, this petition must be allowed Read more
Some bodies are supplied statutory powers to issue steering with persuasive authority or similar statutory effect, like the Highway Code.
12. There is not any denial from the fact that in Government service it is anticipated that the persons possessing their character above board, free from any moral stigma, are to generally be inducted. Verification of character and antecedents is really a condition precedent for appointment to the Government service. The candidates must have good character and provide two recent character certificates from unrelated individuals. What is discernible from the above mentioned is that the only impediment to being appointed to a Government service is definitely the conviction on an offense involving moral turpitude but involvement, which does not culminate into a proof by conviction, cannot be a means out or guise to try and do away with the candidature of the petitioner. Bench: Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) Source: Order: Downloads 185 Order Date: 15-JAN-twenty five Approved for Reporting WhatsApp
The police have the power to arrest a person even without obtaining a warrant of arrest from a Court for cognizable offenses. The presence of this power casts an obligation within the police, and they must bear in mind, as held by this Court from time to time in its numerous pronouncemnts, that if a person is arrested for any crime, his constitutional and fundamental rights must not be violated. Primarily, the Police Officers are necessary to protect and not abduct. Read more
The reason for this difference is that these civil law jurisdictions adhere to a tradition that the reader should be capable of deduce the logic from the decision and the statutes.[four]
156 . Const. P. 1015/2021 (D.B.) Muhammad Saleem Jehangir V/S Province of Sindh and Others Sindh High Court, Karachi Additionally it is important to note that neither seniority nor promotion will be the vested right of the civil servant, therefore, neither any seniority nor any promotion could possibly be claimed or granted without the actual duration of service on account of vested rights. The purpose of prescribing a particular length of service for starting to be entitled to become regarded for promotion to the higher grade, of course, is not without logic as being the officer who's in the beginning inducted to some particular post needs to serve about the claimed post to gain experience to hold the next higher post and to serve the public inside of a befitting fashion.
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