Detailed Notes on khula case law in pakistan
Detailed Notes on khula case law in pakistan
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These provisions utilize to cases where evidence was recorded after the QSO's enforcement, even though the transaction occurred ahead of its promulgation. Read more
A guide to online and print sources of Washington State court opinions, rules, forms, and jury instructions
14. Within the light of the position explained higher than, it truly is concluded that a civil servant includes a fundamental right to be promoted even after his retirement by awarding proforma promotion; provided, his right of promotion accrued during his service but couldn't be considered for no fault of his individual and meanwhile he retired on attaining the age of superannuation without any shortcoming on his part about deficiency in the size of service or inside the form of inquiry and departmental action was so taken against his right of promotion. Bench: Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Creator) Source: Order: Downloads 433 Order Date: 24-JAN-25 Approved for Reporting WhatsApp
Persuasive Authority – Prior court rulings that can be consulted in deciding a current case. It could be used to guide the court, but just isn't binding precedent.
2299 of 2025. The findings are pending finalization and will be submitted without delay. They also stated that directives for strict compliance have been issued to all Karachi units, with non-compliance experiencing departmental action. Furthermore, they submitted that an existing enquiry is underway. Therefore, They are really directed to complete the proceedings and submit the enquiry report to this court through MIT-II of this Court. twelve. This petition stands disposed of in the above mentioned terms. Read more
a 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 moment Petition under Article 199 with the Constitution based within the doctrine of laches as this petition was filed in 2016, whereas the alleged cause of action accrued on the petitioner in 1992. The petitioner asserts that he pursued his legal remedy just after involvement while in the FIR lodged by FIA and while in the intervening period the respondent dismissed him from service where after he preferred petition No.
All executive and judicial authorities throughout Pakistan are obligated to act in aid in the Supreme Court, making sure the enforcement of its judgments. Since the Supreme Court will be the final arbitrator of all cases where the decision has long been achieved, the decision in the Supreme Court needs to become taken care of as directed in terms of Article 187(two) of the Constitution. Read more
However it's made obvious that police is free to acquire action against any person who is indulged in criminal activities issue to legislation. However no harassment shall be caused towards the petitioner, if she acts within the bonds of law. Police shall also make certain regard of your family get rid of in accordance with law and if they have reasonable ground to prevent the congnizable offence they will act, as far as raiding the house is concerned the police shall protected concrete evidence and acquire necessary permission from the concerned high police official/Magistrate like a issue of security in the house is concerned, which just isn't public place under the Act 1977. nine. Taking into consideration the aforementioned details, the objective of filing this petition is achieved. For that reason, this petition is hereby disposed of in the terms stated previously mentioned. Bench: Hon'ble Mr. Justice Adnan-ul-Karim Memon(Writer) Source: Order: Downloads forty Order Date: 08-APR-25 Approved for Reporting WhatsApp
163 . Const. P. 4965/2023 (D.B.) Saleem Khan V/S Province of Sindh & Others Sindh High Court, Karachi It is actually very well-settled that whilst taking into consideration the case of standard promotion of civil servants, the competent authority must consider the merit of the many suitable candidates and after thanks deliberations, to grant promotion to these kinds of eligible candidates who are found to generally be most meritorious among them. For the reason that petitioner was held to be senior to his colleagues who were promoted in BS-19, the petitioner was disregarded because of the respondent department just to increase favor for the blue-eyed candidate based on OPS, website which is apathy about the part of your respondent department.
12. There is not any denial from the fact that in Government service it is anticipated that the persons having their character earlier mentioned board, free from any moral stigma, are to get inducted. Verification of character and antecedents is usually a condition precedent for appointment to your Government service. The candidates must have good character and provide two recent character certificates from unrelated individuals. What is discernible from the above is that the only impediment to being appointed to the Government service may be the conviction on an offense involving moral turpitude but involvement, which does not culminate into a proof by conviction, cannot be a method out or guise to accomplish away with the candidature of your petitioner. Bench: Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) Source: Order: Downloads 185 Order Date: 15-JAN-25 Approved for Reporting WhatsApp
Federalism also performs a major role in determining the authority of case law inside a particular court. Indeed, Each individual circuit has its have list of binding case law. As a result, a judgment rendered in the Ninth Circuit will not be binding in the Second Circuit but will have persuasive authority.
Any court may possibly seek out to distinguish the present case from that of a binding precedent, to achieve a different conclusion. The validity of such a distinction might or might not be accepted on appeal of that judgment to a higher court.
Normally, only an appeal accepted by the court of past resort will resolve these types of differences and, For numerous reasons, these appeals are sometimes not granted.
Therefore, this petition is found to become not maintainable which is dismissed along with the pending application(s), and the petitioners might find remedies through the civil court process as discussed supra. Read more