famous case laws in pakistan Secrets
famous case laws in pakistan Secrets
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Google Scholar – an enormous database of state and federal case legislation, which is searchable by keyword, phrase, or citations. Google Scholar also allows searchers to specify which level of court cases to search, from federal, to specific states.
Some pluralist systems, like Scots legislation in Scotland and types of civil regulation jurisdictions in Quebec and Louisiana, don't specifically match into the dual common-civil law system classifications. These types of systems may perhaps have been seriously influenced by the Anglo-American common legislation tradition; however, their substantive law is firmly rooted from the civil regulation tradition.
Today tutorial writers are frequently cited in legal argument and decisions as persuasive authority; generally, they are cited when judges are attempting to apply reasoning that other courts have not nevertheless adopted, or when the judge thinks the tutorial's restatement of the law is more compelling than is usually found in case law. Hence common legislation systems are adopting on the list of methods prolonged-held in civil legislation jurisdictions.
The plenty of this power casts an obligation on the police and it must bear in mind, as held by this Court that if a person is arrested for a crime, his constitutional and fundamental rights must not be violated. However it's made distinct that police is free to get action against any person who's indulged in criminal activities matter to legislation. eight. The DIGP concerned is directed to prioritize this matter and, after hearing both parties within two months, address the alleged police misconduct. If your officials are found culpable, departmental proceedings for their punishment must be initiated, they usually shall be assigned non-field duties within the interim period. Bench: Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) Source: Order: Downloads 113 Order Date: 08-APR-25 Approved for Reporting WhatsApp
149 . Const. P. 6193/2016 (D.B.) Syed Musawar Shah V/S M.D CSD and Ors Sindh High Court, Karachi First and foremost, we would address the issue of maintainability of the moment Petition under Article 199 with the Constitution based over the doctrine of laches as this petition was filed in 2016, whereas the alleged cause of action accrued for 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.
Generally speaking, higher courts usually do not have direct oversight over the decrease courts of record, in that they cannot arrive at out on their initiative (sua sponte) at any time to overrule judgments of the reduce courts.
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 inside of a criminal case following a conviction, in NAB Reference No. 20/2011, this does not automatically produce exoneration from departmental charges based on the same factual grounds. Even though a writ under Article 199 is obtainable in specific limited situations, it is actually generally not the appropriate remedy to contest a dismissal from service based on these charges, particularly when the employee was afforded a full chance to cross-examine witnesses and present his/her defense but did not influence the department of his/her innocence.
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Some bodies are given statutory powers to issue steerage with persuasive authority or similar statutory effect, like the Highway Code.
This Court may well interfere where the authority held the proceedings against the delinquent officer within a important cases of international law fashion inconsistent with the rules of natural justice or in violation of statutory rules prescribing the manner of inquiry or where the summary or finding arrived at by the disciplinary authority is based on no evidence. When the summary or finding is for instance no reasonable person would have ever arrived at, the Court may perhaps interfere with the summary or perhaps the finding and mold the relief to really make it proper for the facts of each case. In service jurisprudence, the disciplinary authority will be the sole judge of facts. Where the appeal is presented, the appellate authority has coextensive power to re-value the evidence or the nature of punishment. About the aforesaid proposition, we are fortified via the decision of your Supreme Court within 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
162 . Const. P. 256/2025 (D.B.) Hafeezullah V/S Govt of Sindh & Others Sindh High Court, Karachi It really is very well-settled that the civil servants must first go after internal appeals within 90 times. Should the appeal is not decided within that timeframe, he/she can then strategy the service tribunal to challenge the original order. Once they do so, the Tribunal must decide the appeal on merits and cannot merely direct the department to decide it, given that the 90 days for your department to act has already expired. On the aforesaid proposition, we have been guided via the decision of the Supreme Court during the case of Dr.
ten. Based over the findings of your inquiry committee, this petition just isn't regarded as maintainable and it is therefore liable to generally be dismissed, which is dismissed accordingly with pending application(s) if any. Read more
17 . 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 2025 SHC KHI forty six I have listened to the discovered counsel for your parties and perused the record with their assistance. I intentionally not making any detail comments as the issues of the matter between the parties pending adjudication before the concerned court with regard into the interim relief application in terms of Section 7(1) of the Illegal Dispossession Act 2005 handy over possession with the subjected premises towards 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 in the Illegal Dispossession case and as far as the restoration of possession of concerned the trial court should see this facet for interim custody of the subject 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. Read more
Therefore, this petition is found to get not maintainable and is particularly dismissed along with the pending application(s), as well as the petitioners may possibly search for remedies through the civil court process as discussed supra. Read more