The Basic Principles Of engagement case law in pakistan
The Basic Principles Of engagement case law in pakistan
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Matter:-HARASSMENT Hon'ble Mr. Justice Adnan-ul-Karim Memon(Writer) 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 region, and once a person becomes a major he / she can marry whosoever he/she likes; Should the parents from the boy or Woman usually do not approve of this sort of inter-caste or interreligious marriage the most they can do if they can cut off social relations with the son or even the daughter, Nevertheless 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 Woman who's major undergoes inter-caste or inter-religious marriage with a woman or male who is a major, the few is neither harassed by everyone nor subjected to threats or acts of violence and anyone who provides this sort of threats or harasses or commits acts of violence possibly himself or at his instigation, is taken to undertaking by instituting criminal proceedings because of the police against these types of persons and further stern action is taken against such person(s) as provided by law.
We make no warranties or guarantees about the accuracy, completeness, or adequacy with the information contained on this site, or the information linked to on the state site. Some case metadata and case summaries were written with the help of AI, which can develop inaccuracies. You should read the full case before counting on it for legal research purposes.
This Court may possibly interfere where the authority held the proceedings against the delinquent officer inside a method inconsistent with the rules of natural justice or in violation of statutory rules prescribing the method of inquiry or where the conclusion or finding attained with the disciplinary authority is based on no evidence. If your summary or finding is like no reasonable person would have ever attained, the Court may perhaps interfere with the conclusion or even the finding and mold the relief to make it proper to your 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 even the nature of punishment. To the aforesaid proposition, we've been fortified via the decision of the Supreme Court while in the case of Ghulam Murtaza Shaikh v. Chief Minister Sindh (2024 SCMR 1757). Read more
Only a few years in the past, searching for case precedent was a hard and time consuming endeavor, requiring people to search through print copies of case law, or to buy access to commercial online databases. Today, the internet has opened up a host of case law search possibilities, and many sources offer free access to case law.
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 within a criminal case following a conviction, in NAB Reference No. 20/2011, this does not automatically lead to exoneration from departmental charges based on the same factual grounds. While 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 chance to cross-examine witnesses and present his/her defense but didn't read more persuade the department of his/her innocence.
The court system is then tasked with interpreting the legislation when it really is unclear how it applies to any provided situation, usually rendering judgments based about the intent of lawmakers and also the circumstances from the case at hand. These kinds of decisions become a guide for long term similar cases.
10. Without touching the merits with the case from the issue of annual increases within the pensionary emoluments from the petitioner, in terms of policy decision of the provincial government, these types of annual increase, if permissible inside the case of employees of KMC, needs further assessment to generally be made through the court of plenary jurisdiction. KMC's reluctance due to funding issues and insufficient adoption of provincial increases, creates a factual dispute that cannot be resolved in writ jurisdiction, necessitating the petitioner to go after other legal avenues. Read more
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In other circumstances as discussed supra pensionary benefits cannot be stopped on account of criminal charges after the retirement of two years; and, is violative with the law laid down by the Supreme Court within the case of Haji Muhammad Ismail Memon, PLD 2007 SC 35. Hence, the competent authority from the parent department with the petitioner and also the Chief Secretary, Sindh, are liable to release the pensionary amount of your petitioner and shell out the pension amount and other ancillary benefits to your petitioner to which He's entitled under the legislation within two months from the date of receipt of this order. The competent authority with the respondent can also be directed to recalculate the pensionary benefits from the petitioner and increases accrued thereon the withheld pensionary benefits with effect from stopping to date. Read more
10. Based about the findings of the inquiry committee, this petition just isn't regarded as maintainable and is particularly therefore liable being dismissed, which is dismissed accordingly with pending application(s) if any. Read more
If that judgment goes to appeal, the appellate court will have the opportunity to review both the precedent as well as case under appeal, Maybe overruling the previous case regulation by setting a whole new precedent of higher authority. This could happen several times as being the case works its way through successive appeals. Lord Denning, first in the High Court of Justice, later of your Court of Appeal, provided a famous example of this evolutionary process in his advancement of the concept of estoppel starting while in the High Trees case.
Free database for searching federal court dockets and documents pulled from PACER. Coverage will not be in depth, but this is a wonderful starting point. See Background section at base of RECAP website for more information.