However, the above observation is without prejudice on the legal rights with the parties, arising out from the over marriage with the couple, if any, pending before the competent court of law. Read more
Some pluralist systems, like Scots regulation in Scotland and types of civil legislation jurisdictions in Quebec and Louisiana, do not precisely in good shape into the dual common-civil legislation system classifications. These types of systems could have been heavily influenced via the Anglo-American common legislation tradition; however, their substantive law is firmly rooted in the civil law tradition.
ten . Const. P. 235/2025 (S.B.) Atif S/o Latif V/S Province of Sindh and others Sindh High Court, Karachi The regulation enjoins the police to generally be scrupulously fair for the offender as well as 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 from other courts Nonetheless 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.
If the employee fails to serve a grievance notice, the NIRC could dismiss the grievance petition. This is because the employer has not had a chance to respond to the grievance and attempt to resolve it. In a few cases, the NIRC could allow the employee to amend the grievance petilion to incorporate the grievance notice. However, this is frequently only finished In case the employee can show that they'd a good reason for not serving the grievance notice. Within the present case, the parties were allowed to lead evidence and also the petitioner company responded to the allegations as such they were nicely aware of the allegations and led the evidence therefore this point is ofno use to be looked into in constitutional jurisdiction at this stage. Read more
This Court may interfere where the authority held the proceedings against the delinquent officer inside a method inconsistent with the rules of natural justice or in violation of statutory rules prescribing the method of inquiry or where the summary or finding arrived at by the disciplinary authority is based on no evidence. If the conclusion or finding is like no reasonable person would have ever attained, the Court could interfere with the summary or perhaps the finding and mould the relief to really make it ideal for the facts of every case. In service jurisprudence, the disciplinary authority could be the sole judge of facts. Where the appeal is presented, the appellate authority has coextensive power to re-take pleasure in the evidence or perhaps the nature of punishment. Around the aforesaid proposition, we're fortified through the decision in the Supreme Court inside the case of Ghulam Murtaza Shaikh v. Chief Minister Sindh (2024 SCMR 1757). Read more
Most of the volumes (together with more recent volumes than the library's holdings) may also be available online through the Caselaw Access Project.
All executive and judicial authorities throughout Pakistan are obligated to act in assist of the Supreme Court, making certain the enforcement of its judgments. Because the Supreme Court is the final arbitrator of all cases where the decision has actually been attained, the decision of your Supreme Court needs for being taken care of as directed in terms of Article 187(2) of the Constitution. Read more
The law as recognized in previous court rulings; like common law, which springs from judicial decisions and tradition.
Case law, also used interchangeably with common law, is actually a legislation that is based on precedents, that may be the judicial decisions from previous cases, fairly than legislation based on constitutions, statutes, or regulations. Case regulation uses the detailed facts of the legal case that have been resolved by courts or similar tribunals.
Summaries offer concise explanations of legal principles and significant cases pertaining to land ownership, real estate transactions, property rights, and related matters, assisting you in understanding the intricacies of land and property law.
Matter:-DIRECTION Hon'ble Mr. Justice Adnan-ul-Karim Memon(Creator) Const. P. 255/2025 (S.B.) Zubaida W/O Muhammad Irfan V/S Inspector General of Police (IGP) Sindh and others Sindh High read more Court, Karachi SHC Citation: SHC-252210 Tag:The regulation enjoins the police being scrupulously fair for the offender as well as 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 and from other courts Nonetheless 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. The a lot of this power casts an obligation on the police and it must bear in mind, as held by this Court that if a person is arrested for the crime, his constitutional and fundamental rights must not be violated.
The reason for this difference is that these civil law jurisdictions adhere to some tradition that the reader should be able to deduce the logic from the decision and also the statutes.[4]
171 . Const. P. 1832/2019 (D.B.) Muhammad Fakhar ul Hasnain V/S Province of Sindh & Others Sindh High Court, Karachi It truly is properly proven now that the provision for proforma promotion is just not alien or unfamiliar on the civil servant service framework but it's already embedded in Fundamental Rule 17, wherein it really is lucidly enumerated that the appointing authority could if pleased that a civil servant who was entitled to become promoted from a particular date was, for no fault of his own, wrongfully prevented from rendering service to the Federation/ province while in the higher post, direct that these kinds of civil servant shall be paid the arrears of shell out and allowances of this sort of higher post through proforma promotion or upgradation arising from the antedated fixation of his/her seniority. Read more
Matter:-SERVICE Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) 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 towards the main case, Additionally it is a very well-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 reach a finding of fact or conclusion. But that finding must be based on some evidence. Neither the technical rules nor proof of a fact or evidence inside the Stricto-Sensu, use to disciplinary 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 on the charge, however, that is matter on the procedure provided under the relevant rules rather than otherwise, for that reason that the Court in its power of judicial review does not work as appellate authority to re-recognize the evidence and to reach at its independent findings within the evidence.
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