Detailed Notes on khula case law in pakistan
Detailed Notes on khula case law in pakistan
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9 . Const. P. 255/2025 (S.B.) Zubaida W/O Muhammad Irfan V/S Inspector General of Police (IGP) Sindh and others Sindh High Court, Karachi The legislation enjoins the police for being scrupulously fair towards the offender plus 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 regulation and order situation have been the subject of adverse comments from this Court together with 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 lots of this power casts an obligation to the police and it must bear in mind, as held by this Court that if a person is arrested to get a crime, his constitutional and fundamental rights must not be violated.
It is usually important to note that granting of seniority into a civil servant without the actual duration of service practically violates all the service structure being a civil servant inducted in Grade 17 by claiming these types of benefit without any experience be directly posted in any higher quality, which is neither the intention from the regulation nor in the equity. Read more
fourteen. During the light on 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 could not be thought of for no fault of his possess and meanwhile he retired on attaining the age of superannuation without any shortcoming on his part about deficiency in the size of service or within 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
Sign up for E-mail Notification of latest opinions The cases listed underneath have had opinions filed for them within the last 14 times. The following information is available for Each and every case: Information Sheet - Click a case number to view case details, which include signing JusticesJudges and participating attorneys.
The Supreme Court's explanation from Fida Muhammad v. Government of Khyber Pakhtunkhwa and others (2021 SCMR 1895), Evidently distinguished between up-gradation and promotion. Promotion includes a go to the higher position with increased responsibilities and rank. Upgradation, on the other hand, offers financial relief by inserting an employee inside a higher spend scale, without transforming their occupation duties or position. It's a mechanism designed to address the stagnation of employees who have remained while in the same pay back scale for an extended time, particularly when they absence opportunities for promotion. Upgradation can be a policy Device used to reduce the hardship of extensive-term stagnation. Read more
In order to preserve a uniform enforcement of your laws, the legal system adheres to the doctrine of stare decisis
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Amir Abdul Majid, 2021 SCMR 420. 12. There is no denial from the fact that in Government service it is predicted that the persons obtaining their character above board, free from any moral stigma, are to be inducted. Verification of character and antecedents is actually a condition precedent for appointment to your Government service. The candidates must have good character and supply two recent character certificates from unrelated individuals. What is discernible from the above mentioned is that the only impediment to being appointed to a 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 way out or guise to complete absent with the candidature on the petitioner. Read more
161 . Const. P. 642/2023 (D.B.) Fatima Noor V/S Dow University of Health Science and Others Sindh High Court, Karachi Coming to the main case, it is also a nicely-established 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 the fact or evidence during the Stricto-Sensu, utilize to disciplinary proceedings. When the authority accepts that evidence and summary obtain support therefrom, the disciplinary authority is entitled to hold that the delinquent officer is guilty on the charge, however, that is subject matter into the procedure provided under the relevant rules and not otherwise, for the reason that the Court in its power of judicial review does not work as appellate authority to re-enjoy the evidence and to arrive at its independent findings on the evidence.
Summaries present an essential glimpse into the intricate landscape of Environment and Climate Laws in Pakistan. Delving into this realm unveils a mosaic of regulations and policies directed at safeguarding natural resources, mitigating environmental degradation, and combating climate change.
This page contains slip opinions. Slip opinions would be the opinions that are filed to the working day that the appellate court issues its decision and are frequently not the court's final opinion.
The reason for this difference is that these civil legislation jurisdictions adhere to your tradition that the reader should be capable of deduce the logic from the decision plus the statutes.[four]
8. With the reasons stated over, this court finds the petition to be without legal or factual foundation and therefore dismisses it. This court concurs with the respondents' position as contend inside the comments, and their request is thus acceded to. All pending applications, if any, also are dismissed. 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 to your main case, It's also a very well-set up proposition of legislation that when an inquiry more info 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 from the Stricto-Sensu, utilize to disciplinary proceedings. When the authority accepts that evidence and conclusion get support therefrom, the disciplinary authority is entitled to hold that the delinquent officer is guilty of your charge, however, that is subject for the procedure provided under the relevant rules instead of otherwise, for the reason that the Court in its power of judicial review does not act as appellate authority to re-recognize the evidence and to reach at its independent findings on the evidence.