famous case laws in pakistan Secrets
famous case laws in pakistan Secrets
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However, the above mentioned observation is without prejudice to the legal rights on the parties, arising out with the over marriage in the couple, if any, pending before the competent court of legislation. Read more
Case regulation is specific to your jurisdiction in which it was rendered. As an example, a ruling in a California appellate court would not normally be used in deciding a case in Oklahoma.
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 can be a free and democratic region, and once a person becomes a major he / she can marry whosoever he/she likes; If your parents from the boy or Woman never approve of this sort of inter-caste or interreligious marriage the utmost they will do if they could Lower off social relations with the son or the daughter, Nevertheless they cannot give threats or commit or instigate for acts of violence and cannot harass the person who undergoes these kinds of inter-caste or inter-religious marriage. I therefore, direct that the administration/police authorities will see, if any boy or Woman that is major undergoes inter-caste or inter-religious marriage with a woman or man who is a major, the pair is neither harassed by any one nor subjected to threats or acts of violence and anybody who gives these kinds of threats or harasses or commits acts of violence both himself or at his instigation, is taken to task by instituting criminal proceedings by the police against this sort of persons and further stern action is taken against these types of person(s) as provided by regulation.
The necessary analysis (called ratio decidendi), then constitutes a precedent binding on other courts; further analyses not strictly necessary towards the determination in the current case are called obiter dicta, which constitute persuasive authority but aren't technically binding. By contrast, decisions in civil legislation jurisdictions are generally shorter, referring only to statutes.[4]
184 . Const. P. 469/2022 (D.B.) Zain Ahmed V/S The I.G of Police and Others Sindh High Court, Karachi In the moment case, the guidelines as set forth would not use, as being the criminal Court hasn't convicted the petitioner, relatively he has actually been acquitted with the criminal charges based on evidence and it really is very well-settled regulation that once the civil servant is acquitted from the criminal case, then on this quite charge he cannot be awarded in any punishment through the department and held him disqualified for that post because acquittal for all potential purposes. The aforesaid proposition is established at naught via the Supreme Court of Pakistan during the case with the District Police Officer Mainwali and 2 others v.
However it really is made apparent that police is free to consider action against any person who's indulged in criminal activities subject to legislation. However no harassment shall be caused to the petitioner, if she acts within the bonds of legislation. Police shall also ensure respect with the family lose in accordance with law and when they have reasonable ground to prevent the congnizable offence they might act, so far as raiding the house is concerned the police shall safe concrete evidence and acquire necessary permission from the concerned high police official/Magistrate as a issue of security on the house is concerned, which is not really public place under the Act 1977. 9. Thinking of the aforementioned details, the objective of filing this petition is realized. For that reason, this petition is hereby disposed of from the terms stated higher than. Read more
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eleven . Const. P. 1479/2024 (S.B.) Mst. Shir Bano and another V/S Province of Sindh and others Sindh High Court, Karachi Primarily, this is a free and democratic country, and once a person becomes a major she or he can marry whosoever he/she likes; In case the parents with the boy or Woman do not approve of these kinds of inter-caste or interreligious marriage the utmost they will do if they might cut off social relations with the son or the daughter, However they cannot give threats or commit or instigate for acts of violence and cannot harass the person who undergoes these kinds of inter-caste or inter-religious marriage. I therefore, direct that the administration/police authorities will see, if any boy or Lady that's major undergoes inter-caste or inter-religious marriage with a woman or man who is a major, the here pair is neither harassed by any one nor subjected to threats or acts of violence and anybody who provides these threats or harasses or commits acts of violence possibly himself or at his instigation, is taken to task by instituting criminal proceedings from the police against these kinds of persons and further stern action is taken against these person(s) as provided by regulation.
In a few jurisdictions, case legislation may be applied to ongoing adjudication; for example, criminal proceedings or family regulation.
12. There is not any denial from the fact that in Government service it is anticipated that the persons owning their character previously mentioned board, free from any moral stigma, are to be inducted. Verification of character and antecedents is usually a condition precedent for appointment into a Government service. The candidates must have good character and supply two recent character certificates from unrelated individuals. What is discernible from the above mentioned is that the only impediment to being appointed to a Government service would be the conviction on an offense involving moral turpitude but involvement, which does not culminate into a proof by conviction, cannot be a way out or guise to do away with the candidature of your petitioner. Bench: Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Writer) Source: Order: Downloads 185 Order Date: fifteen-JAN-25 Approved for Reporting WhatsApp
12 . Const. P. 245/2025 (S.B.) Qurban Ali S/o Qasim V/S Province of Sindh and others Sindh High Court, Karachi The legislation enjoins the police to get scrupulously fair for the offender plus 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 legislation and order situation have been the topic of adverse comments from this Court as well as from other courts but they have didn't have any corrective effect on it.
Any court might seek out to distinguish the present case from that of the binding precedent, to achieve a different summary. The validity of such a distinction might or might not be accepted on appeal of that judgment into a higher court.
156 . Const. P. 1015/2021 (D.B.) Muhammad Saleem Jehangir V/S Province of Sindh and Others Sindh High Court, Karachi It is additionally important to note that neither seniority nor promotion will be the vested right of a civil servant, therefore, neither any seniority nor any promotion may very well be claimed or granted without the actual length of service on account of vested rights. The purpose of prescribing a particular size of service for becoming entitled for being regarded for promotion to the higher quality, of course, isn't without logic as being the officer who is originally inducted to the particular post needs to serve to the mentioned post to gain experience to hold the next higher post also to serve the public in the befitting fashion.
These judicial interpretations are distinguished from statutory regulation, which are codes enacted by legislative bodies, and regulatory regulation, which are established by executive companies based on statutes.