However, the above observation is without prejudice on the legal rights from the parties, arising out from the over marriage of your couple, if any, pending before the competent court of law. Read more
Case law is specific into the jurisdiction in which it was rendered. As an example, a ruling within a California appellate court would not generally be used in deciding a case in Oklahoma.
Because the Supreme Court is the final arbitrator of all cases where the decision has become reached, therefore the decision from the Supreme Court needs to become taken care of as directed in terms of Article 187(two) of your Constitution. 10. We must dismiss these petitions because the Supreme Court has already ruled on this. Read more
Persuasive Authority – Prior court rulings that may very well be consulted in deciding a current case. It may be used to guide the court, but will not be binding precedent.
2299 of 2025. The findings are pending finalization and will be submitted without delay. In addition they stated that directives for strict compliance have been issued to all Karachi models, with non-compliance dealing with departmental action. Furthermore, they submitted that an existing enquiry is underway. Therefore, They're 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
In order to preserve a uniform enforcement with the laws, the legal system adheres for the doctrine of stare decisis
All executive and judicial authorities throughout Pakistan are obligated to act in assist on the Supreme Court, guaranteeing the enforcement of its judgments. Since the Supreme Court may be the final arbitrator of all cases where the decision is attained, the decision from the Supreme Court needs to be taken care of as directed in terms of Article 187(two) on the Constitution. Read more
In federal or multi-jurisdictional legislation systems there may exist conflicts between the varied decrease appellate courts. Sometimes these differences is probably not resolved, and it might be necessary to distinguish how the regulation is applied in a single district, province, division or appellate department.
ten. Without touching the merits on the case from the issue of once-a-year increases inside the pensionary emoluments with the petitioner, in terms of policy decision with the provincial government, these kinds of annual increase, if permissible while in the case of employees of KMC, necessitates further assessment being made with the court of plenary jurisdiction. KMC's reluctance as a result of funding issues and lack of adoption of provincial increases, creates a factual dispute that cannot be resolved in writ jurisdiction, demanding the petitioner to pursue other legal avenues. Read more
twelve. There is not any denial from the fact that in Government service it is predicted that the persons obtaining their character previously mentioned board, free from any moral stigma, are for being inducted. Verification of character and antecedents is often 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 a Government service is definitely the conviction on an offense involving moral turpitude but involvement, which does not culminate into a proof by conviction, cannot be a means out or guise to do absent with the candidature on the 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: fifteen-JAN-25 Approved for Reporting WhatsApp
The police have the power to arrest a person even without obtaining a warrant of arrest from a Court for cognizable offenses. The existence of this power casts an obligation about the police, plus they must bear in mind, as held by this Court from time to time in its various pronouncemnts, that if a person is arrested for the crime, his constitutional and fundamental rights must not be violated. Primarily, the Police Officers are needed to protect instead of abduct. Read more
If granted absolute immunity, the parties would not only be protected from liability inside the matter, but couldn't be answerable in almost any way for their actions. When the court delayed making this type of ruling, the defendants took their request into the appellate court.
17 . Const. P. 5/2024 (S.B.) Mst. Nasira Khalique Thr. Ms. Seema Khalique V/S The Province of Sindh and others Sindh High Court, Karachi 2025 SHC KHI 46 I have heard the learned counsel for the parties and perused the record with their assistance. I intentionally not making any detail comments as the issues of the matter between the parties pending adjudication before the concerned court with regard to your interim relief application in terms of Section seven(1) from the Illegal Dispossession Act 2005 at hand over possession with the subjected premises towards the petitioner; that here Illegal Dispossession Case needs for being decided from the competent court after hearing the parties if pending given that the petitioner has already sought a similar prayer within the Illegal Dispossession case and so far as the restoration of possession of concerned the trial court needs to see this element for interim custody of the subject premises if the petitioner was found forcibly evicted from the premises in question if she possessed the valid rent agreement and decision be made within two months from the date of receipt of this order. Read more
Therefore, this petition is found to become not maintainable and is also dismissed along with the pending application(s), as well as petitioners may find remedies through the civil court process as discussed supra. Read more