partial plaint cannot be rejected case law pakistan - An Overview
partial plaint cannot be rejected case law pakistan - An Overview
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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
Case law is specific to the jurisdiction in which it was rendered. For illustration, a ruling in the California appellate court would not generally be used in deciding a case in Oklahoma.
Matter:-HARASSMENT Hon'ble Mr. Justice Adnan-ul-Karim Memon(Writer) 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 to become scrupulously fair to the offender as well as the Magistracy is to make 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 legislation and order situation have been the topic of adverse comments from this Court along with from other courts but 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.
Generally, the burden rests with litigants to appeal rulings (which includes Those people in very clear violation of proven case legislation) into the higher courts. If a judge acts against precedent, and also the case is not really appealed, the decision will stand.
As a result, the petition and any related applications are dismissed. The Petitioner needs to pursue his remedy through an appeal before the competent authority. If such an appeal hasn't yet been decided, it should be addressed. Following that decision, the Petitioner may perhaps then look for further recourse before the Service Tribunal. Read more
For your foregoing reasons the moment suit is dismissed with no order concerning cost. Office to prepare decree in the above terms. Read more
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11 . 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 usually a free and democratic state, and once a person becomes a major he / she can marry whosoever he/she likes; When the parents with the boy or Lady tend not to approve of this sort of inter-caste or interreligious marriage the utmost they might do if they are able to Slice off social relations with the son or maybe the daughter, However they cannot give threats or commit or instigate for acts of violence and cannot harass the person who undergoes this kind of inter-caste or inter-religious marriage. I therefore, direct that the administration/police authorities will see, if any boy or Woman that's major undergoes inter-caste or inter-religious marriage with a woman or person that's a major, the few is neither harassed by any individual nor subjected to threats or acts of violence and anybody who offers these types of threats or harasses or commits acts of violence possibly himself or at his instigation, is taken to endeavor by instituting criminal proceedings from the police against these kinds of persons and further stern action is taken against these types of person(s) as provided by regulation.
Some bodies are specified statutory powers to issue advice with persuasive authority or similar statutory effect, such as the Highway Code.
500,000/- (Rupees 5 hundred thousand only) Every single and also the same shall be saved in the police station to your effect that no harm shall be caused towards the petitioners. five. In view of the above, this Constitutional Petition is disposed of Read more
Therefore, this petition is hereby disposed of while in the terms stated earlier mentioned. However no harassment shall be caused to both party and the case shall be decided from the competent court of law if pending. Read more
Any court might find to distinguish the present case from that of a binding precedent, to achieve 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.
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Matter:-SERVICE Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Creator) Const. P. 642/2023 (D.B.) Fatima Noor V/S Dow University of Health Science and Others Sindh High Court, Karachi SHC Citation: SHC-225471 Tag:Coming for the main case, It is usually a effectively-founded 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 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 achieve a finding of fact or summary. But that finding must be based on some evidence. Neither the technical rules nor proof of a fact or evidence inside the Stricto-Sensu, utilize to disciplinary get more info proceedings. When the authority accepts that evidence and conclusion obtain support therefrom, the disciplinary authority is entitled to hold that the delinquent officer is guilty with the charge, however, that is subject matter to the procedure provided under the relevant rules and never otherwise, with the reason that the Court in its power of judicial review does not work as appellate authority to re-respect the evidence and to arrive at its independent findings within the evidence.