Detailed Notes on khula case law in pakistan
Detailed Notes on khula case law in pakistan
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9 . Const. P. 255/2025 (S.B.) Zubaida W/O Muhammad Irfan V/S Inspector General of Police (IGP) Sindh and others Sindh High Court, Karachi The regulation enjoins the police being scrupulously fair on the offender as well as the Magistracy is to make sure 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 regulation and order situation have been the subject of adverse comments from this Court as well as from other courts Nonetheless they have didn't have any corrective effect on it. The police has the power to arrest a person even without obtaining a warrant of arrest from a court. The an abundance of this power casts an obligation within the police and it must bear in mind, as held by this Court that if a person is arrested for your crime, his constitutional and fundamental rights must not be violated.
The police has the power to arrest a person even without obtaining a warrant of arrest from a court. The a good amount of this power casts an obligation to the police and it must bear in mind, as held by this Court that if a person is arrested for just a crime, his constitutional and fundamental rights must not be violated. Read more
If the DIGP finds evidence of a cognizable offense by either party, he shall direct the relevant SHO to record statements and continue according to your regulation. This petition stands disposed of in the above mentioned terms. Read more
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This is because transfer orders are typically considered within the administrative discretion from the employer. However, there may very well be exceptions in cases where the transfer is determined by malice, personal vendetta, or discrimination against the employee, they may have grounds to challenge before the appropriate forum. Read more
However it truly is made clear that police is free to acquire action against any person who's indulged in criminal activities matter to regulation. However no harassment shall be caused towards the petitioner, if she acts within the bonds of legislation. Police shall also ensure respect on the family lose in accordance with law and should they have reasonable ground to prevent the congnizable offence they could act, as far as raiding the house is concerned the police shall secure concrete evidence and procure necessary permission from the concerned high police official/Magistrate as a issue of security on the house is concerned, which will not be public place under the Act 1977. nine. Taking into consideration the aforementioned details, the objective of filing this petition continues to be attained. For that reason, this petition is hereby disposed of in the terms stated over. Read more
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Summaries offer concise insights into the legal principles governing agreements between parties, such as the formation, interpretation, and enforceability of contracts, supplying a precious resource for understanding contractual rights and obligations.
139 . Const. P. 288/2024 (D.B.) Engro Fertilizers Limited through Asad Shakil Khan V/S Full Bench of NIRC & others Sindh High Court, Bench at Sukkur Pertaining to the second issue of non-service of grievance notice. Under Section 33 of the Industrial Relations Ac1,2012 (lRA 2012), ifa grievance notice will not be served, the grievance petition is often dismissed. This is because service from the grievance notice is actually a mandatory necessity plus a precondition for filing a grievance petition. The legislation involves that a grievance notice be served to the employer before filing a grievance petition. This allows the employer to answer the grievance and attempt to resolve it amicably. In the event the employer fails to respond or resolve the grievance, the employee can then file a grievance petition with the National Industrial Relations Commission CNIRC) In case the organization is transprovincial.
As a result, this petition is hereby disposed of inside the terms stated over. However no harassment shall be caused to possibly party along with the case shall be decided because of the competent court of law if pending. Read more
Any court may well find to distinguish the present case from that of a binding precedent, to achieve a different conclusion. The validity of this type of distinction might or might not be accepted on appeal of that judgment to the higher court.
171 . Const. P. 1832/2019 (D.B.) Muhammad Fakhar ul Hasnain V/S Province of Sindh & Others Sindh High Court, Karachi It really is nicely founded now that the provision for proforma promotion just isn't alien or unfamiliar towards the civil servant service composition but it is already embedded in Fundamental Rule seventeen, wherein it really is lucidly enumerated that the appointing authority may if glad that a civil servant who was entitled to get promoted from a particular date was, for no fault more info of his very own, wrongfully prevented from rendering service to your Federation/ province inside the higher post, direct that such civil servant shall be paid the arrears of shell out and allowances of this kind of higher post through proforma promotion or upgradation arising from the antedated fixation of his/her seniority. Read more
Rulings by courts of “lateral jurisdiction” are certainly not binding, but could be used as persuasive authority, which is to offer substance into the party’s argument, or to guide the present court.