Details, Fiction and fishing expedition case law
Details, Fiction and fishing expedition case law
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In Dosso's case (1958), the Pakistan Supreme Court used jurist Hans Kelsen's theory that a revolution may be justified when The essential norm underlying a Constitution disappears and a new system is place in its place.
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 46 SHC Citation: SHC-252218 Tag:I have listened to the learned counsel to the parties and perused the record with their assistance. I intentionally not making any detail comments given that the issues of the matter between the parties pending adjudication before the concerned court with regard to your interim relief application in terms of Section seven(one) from the Illegal Dispossession Act 2005 to hand over possession from the subjected premises to the petitioner; that Illegal Dispossession Case needs to be decided with the competent court after hearing the parties if pending as the petitioner has already sought a similar prayer inside the Illegal Dispossession case and so far as the restoration of possession of concerned the trial court must see this element for interim custody of the subject 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.
The a good amount 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 any crime, his constitutional and fundamental rights must not be violated. However it really is made very clear that police is free to consider action against any person who's indulged in criminal activities subject matter to regulation. 8. The DIGP concerned is directed to prioritize this matter and, after hearing both parties within two weeks, address the alleged police misconduct. In case the officials are found culpable, departmental proceedings for their punishment must be initiated, they usually shall be assigned non-area duties in 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
13. The Supreme Court has held that once the act of misconduct is founded as well as the employee is found guilty after thanks process of regulation, it's the prerogative of the employer to decide the quantum of punishment, away from the different penalties provided in law. The casual or unpremeditated observation that the penalty imposed is not proportionate with the seriousness check here of your act of misconduct will not be adequate although the order must show that the competent authority has applied its mind and exercised the discretion within a structured and lawful fashion. Read more
Since the Supreme Court would be the final arbitrator of all cases where the decision has actually been attained, therefore the decision of the Supreme Court needs for being taken care of as directed in terms of Article 187(2) of your Constitution. 10. We must dismiss these petitions because the Supreme Court has already ruled on this. Read more
27 . Const. P. 4002/2011 (D.B.) Ibrahim Noor V/S Pakistan International Airways Corporation & Ors. Sindh High Court, Karachi Even, if a petitioner was acquitted within a criminal case following a conviction, in NAB Reference No. twenty/2011, this does not automatically lead to exoneration from departmental charges based around the same factual grounds. When a writ under Article 199 is on the market in specific limited situations, it really is generally not the suitable remedy to contest a dismissal from service based on these charges, particularly when the employee was afforded a full possibility to cross-examine witnesses and present his/her defense but did not influence the department of his/her innocence.
Because of this, simply citing the case is more very likely to annoy a judge than help the party’s case. Imagine it as calling someone to inform them you’ve found their missing phone, then telling them you live in these kinds of-and-these kinds of neighborhood, without actually giving them an address. Driving around the community seeking to find their phone is likely to be more frustrating than it’s truly worth.
In some jurisdictions, case regulation is usually applied to ongoing adjudication; for example, criminal proceedings or family law.
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As a result, this petition is hereby disposed of inside the terms stated above. However no harassment shall be caused to possibly party as well as case shall be decided from the competent court of legislation if pending. Read more
A year later, Frank and Adel have a similar issue. When they sue their landlord, the court must make use of the previous court’s decision in implementing the regulation. This example of case legislation refers to 2 cases heard within the state court, within the same level.
171 . Const. P. 1832/2019 (D.B.) Muhammad Fakhar ul Hasnain V/S Province of Sindh & Others Sindh High Court, Karachi It can be effectively proven now that the provision for proforma promotion is just not alien or unfamiliar on the civil servant service construction but it is already embedded in Fundamental Rule 17, wherein it really is lucidly enumerated that the appointing authority could if contented that a civil servant who was entitled to generally be promoted from a particular date was, for no fault of his very own, wrongfully prevented from rendering service to your Federation/ province during the higher post, direct that these kinds of civil servant shall be paid the arrears of shell out and allowances of such higher post through proforma promotion or upgradation arising from the antedated fixation of his/her seniority. Read more
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