Detailed Notes on khula case law in pakistan
Detailed Notes on khula case law in pakistan
Blog Article
We make no warranties or guarantees about the precision, completeness, or adequacy from the information contained on this site, or even the information linked to within the state site. Some case metadata and case summaries were written with the help of AI, which can make inaccuracies. You should read the full case before depending on it for legal research purposes.
The main objectives of police is usually to apprehend offenders, look into crimes, and prosecute them before the cours also to prevent to commission of crime, and above all ensure law and order to protect citizen???s life and property. Read more
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 for being scrupulously fair to your offender as well as the Magistracy is to ensure 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 subject of adverse comments from this Court together 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.
The necessary analysis (called ratio decidendi), then constitutes a precedent binding on other courts; further analyses not strictly necessary to your determination of the current case are called obiter dicta, which constitute persuasive authority but aren't technically binding. By contrast, decisions in civil legislation jurisdictions are generally shorter, referring only to statutes.[4]
The official court record is maintained through the court of record. Copies of case file documents usually are not obtainable on the search site and will need to be ordered from the court of record.
However it can be made very clear that police is free to take action against any person that is indulged in criminal activities topic to regulation. However no harassment shall be caused for the petitioner, if she acts within the bonds of law. Police shall also assure regard on the family shed in accordance with legislation and when they have reasonable ground to prevent the congnizable offence they might act, as far as raiding the house is concerned the police shall protected concrete evidence and acquire necessary permission from the concerned high police official/Magistrate like a issue of security of your house is concerned, which isn't public place under the Act 1977. 9. Considering the aforementioned details, the objective of filing this petition has been obtained. Consequently, this petition is hereby disposed of within the terms stated higher than. Read more
Regulation professors traditionally have played a much scaled-down role in building case law in common regulation than professors in civil law. Because court decisions in civil law traditions are historically brief[four] instead of formally amenable to establishing precedent, much of the exposition of your legislation in civil regulation traditions is done by teachers relatively than by judges; this is called doctrine and may be published in treatises or in journals for example Recueil Dalloz in France. Historically, common regulation courts relied minor on legal scholarship; thus, for the turn in the twentieth century, it was incredibly uncommon to view a tutorial writer quoted in a very legal decision (besides perhaps for that tutorial writings of popular judges for example Coke and Blackstone).
Several judgments have affirmed that the mere registration of a crime does not constitute a "public interest" justification for restricting a person's liberty. Therefore, the Respondent's actions in inserting the Petitioner's name on the ECL based to the criminal case are inconsistent with set up legal principles. For that reason, this petition must be allowed Read more
The DCFS social worker in charge on the boy’s case experienced the boy made a ward of DCFS, and in her six-thirty day period report on the court, the worker elaborated around the boy’s sexual abuse history, and stated that she planned to move him from a facility into a “more homelike setting.” The court approved her plan.
Matter:-PROTECTION Hon'ble Mr. Justice Adnan-ul-Karim Memon(Creator) Const. P. 114/2025 (S.B.) Mst. Zoya and another V/S The Province of Sindh and others Sindh High Court, Karachi SHC Citation: SHC-251830 Tag:Additionally, the main objectives on the police should be to apprehend offenders, look into crimes, and prosecute them before the Courts, also to prevent the commission of crime, and earlier mentioned all, make certain law and order to protect citizens' lives and property. The law enjoins the police to become scrupulously fair on the offender along with the Magistracy is to ensure a fair investigation and fair trial for an offender. Unfortunately, these objectives have remained unfulfilled. Deviations of police officers and police excesses in dealing with the law and order situation have been the topic of adverse comments from this Court and also from other Courts, Nonetheless they have didn't have any corrective effect on it.
182 . Const. P. 6025/2024 (D.B.) Dr. Pritam Das V/S Province of Sindh & Others Sindh High Court, Karachi So far as the stance in the respondents that pensionary benefits can be withheld on account with the allegations leveled against the petitioner, in our view, section twenty from the Sindh Civil Servants Act of 1973 deals with the pension and gratuity that civil servants are entitled to. However, the act does deliver for certain circumstances under which a civil servant's pension could be withheld or reduced. These incorporate if a civil servant is found guilty of misconduct or negligence during their service, their pension may very well be withheld or reduced. If a civil servant is convicted of a significant crime, their pension might be withheld or reduced. In some cases, a civil servant's pension could possibly be withheld or reduced if he/she fails to comply with certain conditions established through the government.
In 1997, the boy was placed into the home of John and Jane Roe for a foster child. Although the few experienced two young children of their own at home, the social case law worker didn't notify them about the boy’s history of both being abused, and abusing other children. When she made her report to the court the following day, the worker reported the boy’s placement while in the Roe’s home, but didn’t mention that the pair had younger children.
If that judgment goes to appeal, the appellate court will have the chance to review both the precedent and also the case under appeal, Most likely overruling the previous case legislation by setting a new precedent of higher authority. This may well occur several times given that the case works its way through successive appeals. Lord Denning, first on the High Court of Justice, later of your Court of Appeal, provided a famous example of this evolutionary process in his advancement of the concept of estoppel starting inside the High Trees case.
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 for the main case, It is additionally a well-set up 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 while in the Stricto-Sensu, implement to disciplinary proceedings. When the authority accepts that evidence and summary acquire support therefrom, the disciplinary authority is entitled to hold that the delinquent officer is guilty of your charge, however, that is issue to the procedure provided under the relevant rules and never otherwise, to the 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 about the evidence.