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Matter:-HARASSMENT Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) Const. P. 1479/2024 (S.B.) Mst. Shir Bano and another V/S Province of Sindh and others Sindh High Court, Karachi SHC Citation: SHC-252214 Tag:Primarily, this is really a free and democratic place, and once a person becomes a major he / she can marry whosoever he/she likes; if the parents on the boy or Female do not approve of this sort of inter-caste or interreligious marriage the most they might do if they will Slice off social relations with the son or the daughter, Nevertheless they cannot give threats or commit or instigate for acts of violence and cannot harass the person who undergoes such inter-caste or inter-religious marriage. I therefore, direct that the administration/police authorities will see, if any boy or Woman who's major undergoes inter-caste or inter-religious marriage with a woman or person who's a major, the pair is neither harassed by any one nor subjected to threats or acts of violence and anyone who gives this kind of threats or harasses or commits acts of violence possibly himself or at his instigation, is taken to job 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.
The necessary analysis (called ratio decidendi), then constitutes a precedent binding on other courts; further analyses not strictly necessary to your determination of your current case are called obiter dicta, which represent persuasive authority but aren't technically binding. By contrast, decisions in civil law jurisdictions are generally shorter, referring only to statutes.[4]
13. The Supreme Court has held that once the act of misconduct is proven as well as the employee is found guilty after owing process of legislation, it's the prerogative on the employer to decide the quantum of punishment, from the assorted penalties provided in law. The casual or unpremeditated observation that the penalty imposed is not proportionate with the seriousness of your act of misconduct is not enough however the order must show that the competent authority has applied its mind and exercised the discretion inside a structured and lawful method. 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 instant Petition under Article 199 of the Constitution based to the doctrine of laches as this petition was filed in 2016, whereas the alleged cause of action accrued for the petitioner in 1992. The petitioner asserts that he pursued his legal remedy just after involvement during the FIR lodged by FIA and inside the intervening period the respondent dismissed him from service where after he preferred petition No.
PLR is a revolutionizing platform democratizing and making legal research easy and accessible in Pakistan :
Because of this, merely citing the case is more more likely to annoy a judge than help the party’s case. Think about it as calling anyone to tell them you’ve found their missing phone, then telling them you live in this sort of-and-these types of neighborhood, without actually giving them an address. Driving within the neighborhood trying to find their phone is likely to generally be more frustrating than it’s worth.
In some jurisdictions, case legislation might be applied to ongoing adjudication; for example, criminal proceedings or family law.
This Court may 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 manner of inquiry or where the summary or finding arrived at via the disciplinary authority is based on no evidence. Should the summary or finding is which include no reasonable person would have ever arrived at, the Court could interfere with the conclusion or even the finding and mould the relief to make it ideal read more into the facts of every case. In service jurisprudence, the disciplinary authority will be the sole judge of facts. Where the appeal is presented, the appellate authority has coextensive power to re-enjoy the evidence or even the nature of punishment. To the aforesaid proposition, we are fortified from the decision with the Supreme Court during 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(Creator) Source: Order: Downloads 337 Order Date: 24-JAN-twenty five Approved for Reporting WhatsApp
182 . Const. P. 6025/2024 (D.B.) Dr. Pritam Das V/S Province of Sindh & Others Sindh High Court, Karachi As far as the stance of your respondents that pensionary benefits could be withheld on account of the allegations leveled against the petitioner, in our view, section 20 from the Sindh Civil Servants Act of 1973 deals with the pension and gratuity that civil servants are entitled to. However, the act does supply for certain circumstances under which a civil servant's pension could be withheld or reduced. These involve if a civil servant is found guilty of misconduct or negligence during their service, their pension might be withheld or reduced. If a civil servant is convicted of a serious crime, their pension may be withheld or reduced. In certain cases, a civil servant's pension might be withheld or reduced if he/she fails to comply with certain conditions set through the government.
10. Based to the findings of the inquiry committee, this petition is just not thought of maintainable and is also therefore liable for being dismissed, which is dismissed accordingly with pending application(s) if any. Read more
If that judgment goes to appeal, the appellate court will have the chance to review both the precedent as well as the case under appeal, Potentially overruling the previous case legislation by setting a brand new precedent of higher authority. This may perhaps transpire several times because the case works its way through successive appeals. Lord Denning, first of your High Court of Justice, later in the Court of Appeal, provided a famous example of this evolutionary process in his enhancement with the concept of estoppel starting during the High Trees case.
These judicial interpretations are distinguished from statutory law, which are codes enacted by legislative bodies, and regulatory legislation, which are established by executive businesses based on statutes.