Detailed Notes on khula case law in pakistan
Detailed Notes on khula case law in pakistan
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However, the above observation is without prejudice on the legal rights with the parties, arising out from the over marriage of the couple, if any, pending before the competent court of law. Read more
In Dosso's case (1958), the Pakistan Supreme Court used jurist Hans Kelsen's theory that a revolution is often justified when the basic norm underlying a Constitution disappears and a new system is set in its place.
Matter:-HARASSMENT Hon'ble Mr. Justice Adnan-ul-Karim Memon(Creator) Const. P. 235/2025 (S.B.) Atif S/o Latif V/S Province of Sindh and others Sindh High Court, Karachi SHC Citation: SHC-252216 Tag:The regulation enjoins the police for being scrupulously fair into the offender as well as the Magistracy is to be 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 and also from other courts Nevertheless they have did not 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.
This ruling has conditions, and Because the petitioners failed a qualifying exam, they cannot claim equity or this Court's jurisdiction based within the Niazi case analogy. 9. In view of the above facts and circumstances from the case, petitioners have not demonstrated a case for this court's intervention under Article 199 from the Constitution. Read more
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 established forth would not implement, because the criminal Court has not convicted the petitioner, fairly he has become acquitted with the criminal charges based on evidence and it really is properly-settled legislation that once the civil servant is acquitted from the criminal case, then on this very charge he cannot be awarded in any punishment with the department and held him disqualified with the post because acquittal for all potential purposes. The aforesaid proposition has been set at naught with the Supreme Court of Pakistan from the case of the District Police Officer Mainwali and 2 others v.
For that foregoing reasons the instant suit is dismissed with no order regarding cost. Office to prepare decree in the above terms. Read more
When the state court hearing the case reviews the regulation, he finds that, although it mentions large multi-tenant properties in a few context, it can be actually pretty obscure about whether the 90-day provision applies to all landlords. The judge, based around the specific circumstances of Stacy’s case, decides that all landlords are held towards the ninety-working day notice need, and rules in Stacy’s favor.
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 can be a free and democratic nation, and once a person becomes a major he / she can marry whosoever he/she likes; In case the parents from the boy or Female usually do not approve of such inter-caste or interreligious marriage the most they're able to do if they might Minimize off social relations with the son or the daughter, Nonetheless they cannot give threats or commit or instigate for acts of violence and cannot harass the person who undergoes this sort of inter-caste or inter-religious marriage. I therefore, direct that the administration/police authorities will see, if any boy or Female who's 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 anybody who gives these threats or harasses or commits acts of violence either himself or at his instigation, is taken to process by instituting criminal proceedings through the police against these persons and further stern action is taken against this kind of person(s) as provided by legislation.
10. Without touching the merits with the case from the issue of yearly increases in the pensionary emoluments from the petitioner, in terms of policy decision of the provincial government, these kinds of yearly increase, if permissible during the case of employees of KMC, involves further assessment for being made because of the court of plenary jurisdiction. KMC's reluctance due to funding issues and lack of adoption of provincial increases, creates a factual dispute that cannot be resolved in writ jurisdiction, requiring the petitioner to pursue other legal avenues. Read more
139 . Const. P. 288/2024 (D.B.) Engro Fertilizers Limited through Asad Shakil Khan V/S Full Bench of NIRC & others Sindh High Court, Bench at Sukkur Relating the second issue of non-service of grievance notice. Under Section 33 on the Industrial Relations Ac1,2012 (lRA 2012), ifa grievance notice just isn't served, the grievance petition could be dismissed. This is because service with the grievance notice is a mandatory prerequisite and also a precondition for filing a grievance petition. The regulation requires that a grievance notice be served around the employer before filing a grievance petition. This allows the employer to answer the grievance and attempt to resolve it amicably. If your employer fails to reply or resolve the grievance, the employee can then file a grievance petition with the National Industrial Relations Commission CNIRC) Should the organization is transprovincial.
In other circumstances as discussed supra pensionary benefits cannot be stopped on account of criminal charges after the retirement of two years; and, is violative of the legislation laid down from the Supreme Court while in the case of Haji Muhammad Ismail Memon, PLD 2007 SC 35. Therefore, the competent authority of check here the parent department in the petitioner plus the Chief Secretary, Sindh, are liable to release the pensionary amount on the petitioner and pay back the pension amount and other ancillary benefits to the petitioner to which He's entitled under the law within two months from the date of receipt of this order. The competent authority from the respondent is likewise directed to recalculate the pensionary benefits on the petitioner and increases accrued thereon the withheld pensionary benefits with effect from stopping to date. Read more
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