The ejectment order against provincial government case law pakistan Diaries
The ejectment order against provincial government case law pakistan Diaries
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However, the above mentioned observation is without prejudice to the legal rights from the parties, arising out on the over marriage of the couple, if any, pending before the competent court of legislation. Read more
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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 to become scrupulously fair to the offender and also the Magistracy is to be certain 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 as well as from other courts However 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.
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thirteen. The Supreme Court has held that as soon as the act of misconduct is set up and also the employee is found guilty after owing process of law, it is the prerogative of the employer to decide the quantum of punishment, out of the different penalties provided in law. The casual or unpremeditated observation that the penalty imposed will not be proportionate with the seriousness in the act of misconduct will not be satisfactory although the order must show that the competent authority has applied its mind and exercised the discretion within a structured and lawful way. Read more
As the Supreme Court is definitely the final arbitrator of all cases where the decision has long been attained, therefore the decision of the Supreme Court needs to generally be taken care of as directed in terms of Article 187(two) in the Constitution. 10. We must dismiss these petitions because the Supreme Court has already ruled on this. Read more
In 1996, the Nevada Division of Child and Family Services (“DCFS”) removed a twelve-year old boy from his home to protect him from the Awful physical and sexual abuse he had endured in his home, and to prevent him from abusing other children in the home. The boy was placed within an emergency foster home, and was later shifted around within the foster care system.
Numerous judgments have affirmed that the mere registration of the crime does not constitute a "public interest" justification for restricting a person's liberty. Therefore, the Respondent's actions in positioning the Petitioner's name to the ECL based within the criminal case are inconsistent with proven legal principles. Therefore, this petition must be allowed Read more
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This Court may perhaps interfere where the authority held the proceedings against the delinquent officer within a fashion inconsistent with the rules of natural justice or in violation of statutory rules prescribing the mode of inquiry or where the summary or finding reached through the disciplinary authority is based on no evidence. In the event the conclusion or finding is including no reasonable person would have ever attained, the Court may well interfere with the conclusion or maybe the finding and mildew the relief to make it proper towards the facts of each case. In service jurisprudence, the disciplinary authority is the sole judge of facts. Where the appeal is presented, the appellate authority has coextensive power to re-recognize the evidence or perhaps the nature of punishment. Over the aforesaid proposition, we are fortified with the decision of your Supreme Court within the case of Ghulam Murtaza Shaikh v. Chief Minister Sindh (2024 SCMR 1757). Bench: Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Writer) Source: Order: Downloads 337 Order Date: 24-JAN-25 Approved for Reporting WhatsApp
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Any court may possibly seek out to distinguish the present case from that of the binding precedent, to reach 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.
17 . 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 2025 SHC KHI forty six I have read the figured out counsel for that parties and perused the record with their assistance. I intentionally not making any detail comments given that the issues of your matter between the parties pending adjudication before the concerned court with regard on the interim relief application in terms of Section 7(1) from the Illegal Dispossession Act 2005 at hand over possession on the subjected premises for the petitioner; that Illegal Dispossession Case needs to become decided via the competent court after hearing the parties if pending given that the petitioner has already sought a similar prayer from the Illegal Dispossession case and so far as the restoration of possession of concerned the trial court has to see this part for interim custody of the topic 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. Read more
Rulings by courts of “lateral jurisdiction” aren't binding, but could possibly be used as persuasive authority, which is to present substance into the party’s argument, or to guide the present court.