case law explanation Things To Know Before You Buy
case law explanation Things To Know Before You Buy
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Matter:-HARASSMENT Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) 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 usually a free and democratic region, and once a person becomes a major he or she can marry whosoever he/she likes; In case the parents in the boy or girl don't approve of this kind of inter-caste or interreligious marriage the most they can do if they're able to Reduce off social relations with the son or maybe the daughter, Nevertheless they cannot give threats or commit or instigate for acts of violence and cannot harass the person who undergoes this kind of inter-caste or inter-religious marriage. I therefore, direct that the administration/police authorities will see, if any boy or Female that is major undergoes inter-caste or inter-religious marriage with a woman or person who's a major, the few is neither harassed by anyone nor subjected to threats or acts of violence and anyone who presents these threats or harasses or commits acts of violence either himself or at his instigation, is taken to undertaking by instituting criminal proceedings because of the police against this kind of persons and further stern action is taken against these kinds of person(s) as provided by legislation.
Should the employee fails to provide a grievance notice, the NIRC might dismiss the grievance petition. This is because the employer hasn't had a chance to respond to the grievance and attempt to resolve it. In some cases, the NIRC may allow the employee to amend the grievance petilion to include the grievance notice. However, this is generally only carried out When the employee can show that that they had a good reason for not serving the grievance notice. During the present case, the parties were allowed to steer evidence and also the petitioner company responded to the allegations as such they were nicely mindful of the allegations and led the evidence as such this point is ofno use to be seemed into in constitutional jurisdiction at this stage. Read more
2299 of 2025. The findings are pending finalization and will be submitted without delay. Additionally they stated that directives for strict compliance have been issued to all Karachi models, with non-compliance facing departmental action. Furthermore, they submitted that an existing enquiry is underway. Therefore, These are directed to complete the proceedings and submit the enquiry report to this court through MIT-II of this Court. 12. This petition stands disposed of in the above mentioned terms. Read more
Even though there is no prohibition against referring to case legislation from a state other than the state in which the case is being read, it holds minimal sway. Still, if there is not any precedent while in the home state, relevant case regulation from another state could possibly be thought of from the court.
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 in a very 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. Although a writ under Article 199 is accessible in specific limited situations, it can be generally not the right remedy to contest a dismissal from service based on these charges, particularly when the employee was afforded a full possibility to cross-look at witnesses and present his/her defense but did not persuade the department of his/her innocence.
We're an independent branch of government constitutionally entrusted with the fair and just resolution of disputes in order to preserve the rule of regulation and to protect the rights and liberties guaranteed from the Constitution and laws from the United States and this State.
ten. Without touching the merits from the case of the issue of once-a-year increases in the pensionary emoluments on the petitioner, in terms of policy decision of the provincial government, these annual increase, if permissible inside the case of employees of KMC, involves further assessment for being made via the court of plenary jurisdiction. KMC's reluctance as a result of funding issues and deficiency of adoption of provincial increases, creates a factual dispute that cannot be resolved in writ jurisdiction, demanding the petitioner to pursue other legal avenues. Read more
The law of necessity identified and upheld by Pakistan's highest judicial body has proved an honorable protection for military adventure in civil government.it absolutely was the illegal action called law of necessity..
Federalism also performs a major role in determining the authority of case legislation in a very particular court. Indeed, Each and every circuit has its own set of binding case legislation. As a result, a judgment rendered while in the Ninth Circuit will not be binding in the Second Circuit but will have persuasive authority.
If granted absolute immunity, the parties would not only be protected from liability in the matter, but could not be answerable in any way for their actions. When the court delayed making such a ruling, the defendants took their request towards the appellate court.
171 . Const. P. 1832/2019 (D.B.) Muhammad Fakhar ul Hasnain V/S Province of Sindh & Others Sindh High Court, Karachi It can be properly founded now that the provision for proforma promotion will not be alien or unfamiliar for the civil servant service composition however it is already embedded in Fundamental Rule 17, wherein it can be lucidly enumerated that here the appointing authority may well if happy that a civil servant who was entitled being promoted from a particular date was, for no fault of his personal, wrongfully prevented from rendering service to your Federation/ province from the higher post, direct that these kinds of civil servant shall be paid the arrears of pay out and allowances of these types of higher post through proforma promotion or upgradation arising from the antedated fixation of his/her seniority. Read more
Criminal cases While in the common law tradition, courts decide the regulation applicable into a case by interpreting statutes and applying precedents which record how and why prior cases have been decided. Compared with most civil law systems, common regulation systems Keep to the doctrine of stare decisis, by which most courts are bound by their very own previous decisions in similar cases. According to stare decisis, all lower courts should make decisions regular with the previous decisions of higher courts.