The best Side of case law de listed plot from abandoned proerty supreme court
The best Side of case law de listed plot from abandoned proerty supreme court
Blog Article
However, the above observation is without prejudice on the legal rights of the parties, arising out from the over marriage in the pair, if any, pending before the competent court of law. Read more
Article 199 of the Constitution allows High Court intervention only when "no other adequate remedy is provided by regulation." It's very well-settled that an aggrieved person must exhaust readily available remedies before invoking High Court jurisdiction, regardless of whether People remedies suit them. The doctrine of exhaustion of remedies prevents unnecessary High Court litigation. Read more
ten . Const. P. 235/2025 (S.B.) Atif S/o Latif V/S Province of Sindh and others Sindh High Court, Karachi The law enjoins the police being scrupulously fair for the offender and the Magistracy is to guarantee 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 topic of adverse comments from this Court along with from other courts However they have failed to 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.
Commonly, the burden rests with litigants to appeal rulings (including Individuals in apparent violation of established case legislation) to your higher courts. If a judge acts against precedent, and also the case just isn't appealed, the decision will stand.
Unfortunately, that was not accurate. Just two months after being placed with the Roe family, the Roe’s son explained to his parents that the boy had molested him. The boy was arrested two days later, and admitted to obtaining sexually molested the pair’s son several times.
one hundred forty five . Const. P. 3670/2023 (D.B.) Rehan Pervez V/S Fed. of Pakistan and Others Sindh High Court, Karachi First and foremost, we would address the issue of maintainability of the instant Petition under Article 199 of the Constitution based over the doctrine of laches as this petition was filed in 2016, whereas the alleged cause of action accrued to your petitioner in 1992. The petitioner asserts that he pursued his legal remedy just after involvement in the FIR lodged by FIA and while in the intervening period the respondent dismissed him from service where after he preferred petition No.
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 in a criminal case following a conviction, in NAB Reference No. twenty/2011, this does not automatically bring on exoneration from departmental charges based over the same factual grounds. Whilst a writ under Article 199 is on the market in specific limited situations, it's generally not the appropriate remedy to contest a dismissal from service based on these charges, particularly when the employee was afforded a full opportunity to cross-study witnesses and present his/her defense but didn't influence the department of his/her innocence.
Several judgments have affirmed that the mere registration of a crime does not constitute a "public interest" justification for restricting a person's liberty. Therefore, the Respondent's actions in inserting the Petitioner's name to the ECL based within the criminal case are inconsistent with founded legal principles. Consequently, this petition must be allowed Read more
161 . Const. P. 642/2023 (D.B.) Fatima Noor V/S Dow University of Health Science and Others Sindh High Court, Karachi Coming for the main case, It's also a effectively-set up proposition of law that when an inquiry is conducted on charges of misconduct by a public servant, the Court is concerned with determining whether the inquiry was held by a competent officer more info or whether rules of natural justice are complied with. Whether the findings or conclusions are based on some evidence, the authority entrusted with the power to hold inquiry has jurisdiction, power, and authority to reach a finding of fact or conclusion. But that finding must be based on some evidence. Neither the technical rules nor proof of the fact or evidence during the Stricto-Sensu, implement to disciplinary proceedings. When the authority accepts that evidence and conclusion receive support therefrom, the disciplinary authority is entitled to hold that the delinquent officer is guilty from the charge, however, that is issue to the procedure provided under the relevant rules rather than otherwise, to the reason that the Court in its power of judicial review does not act as appellate authority to re-enjoy the evidence and to arrive at its independent findings around the evidence.
The regulation of necessity acknowledged 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..
182 . Const. P. 6025/2024 (D.B.) Dr. Pritam Das V/S Province of Sindh & Others Sindh High Court, Karachi As far as the stance on the respondents that pensionary benefits might be withheld on account in the allegations leveled against the petitioner, within our view, section twenty from the Sindh Civil Servants Act of 1973 deals with the pension and gratuity that civil servants are entitled to. However, the act does provide for certain circumstances under which a civil servant's pension can be withheld or reduced. These consist of if a civil servant is found guilty of misconduct or negligence during their service, their pension may be withheld or reduced. If a civil servant is convicted of a serious crime, their pension may very well be withheld or reduced. In certain cases, a civil servant's pension may be withheld or reduced if he/she fails to comply with certain conditions set via the government.
Problems or Errors If you encounter any technical problems with this website (for instance a lousy link or maybe a portion of the opinion missing), please notify the eService Middle.
171 . Const. P. 1832/2019 (D.B.) Muhammad Fakhar ul Hasnain V/S Province of Sindh & Others Sindh High Court, Karachi It is properly founded now that the provision for proforma promotion is just not alien or unfamiliar to the civil servant service framework but it is already embedded in Fundamental Rule seventeen, wherein it's lucidly enumerated that the appointing authority may well if contented that a civil servant who was entitled to be promoted from a particular date was, for no fault of his personal, wrongfully prevented from rendering service for the Federation/ province within the higher post, direct that these civil servant shall be paid the arrears of spend and allowances of these higher post through proforma promotion or upgradation arising from the antedated fixation of his/her seniority. Read more
Free database for searching federal court dockets and documents pulled from PACER. Coverage is just not thorough, but this is a superb starting point. See Background section at base of RECAP website for more information.