Detailed Notes on khula case law in pakistan
Detailed Notes on khula case law in pakistan
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[3] For example, in England, the High Court and also the Court of Appeals are Each individual bound by their own previous decisions, however, Considering that the Practice Statement 1966 the Supreme Court of the United Kingdom can deviate from its earlier decisions, While in practice it seldom does. A notable example of when the court has overturned its precedent would be the case of R v Jogee, where the Supreme Court in the United Kingdom ruled that it and the other courts of England and Wales experienced misapplied the legislation for virtually 30 years.
Article 199 on the Constitution allows High Court intervention only when "no other adequate remedy is provided by regulation." It really is effectively-settled that an aggrieved person must exhaust out there remedies before invoking High Court jurisdiction, regardless of whether People remedies suit them. The doctrine of exhaustion of remedies prevents unnecessary High Court litigation. Read more
ten . Const. P. 235/2025 (S.B.) Atif S/o Latif V/S Province of Sindh and others Sindh High Court, Karachi The legislation enjoins the police to get scrupulously fair to the offender and 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 legislation and order situation have been the subject of adverse comments from this Court in addition to from other courts However they have failed to 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.
Acquittal nullifies prior guilt and fortifies petitioners' eligibility for appointment. No juridical impediment to appointment following acquittal. Equivalence of acquittals under compromise and criminal procedure code, as well as the role of "badal-i-sulh" in restorative justice. Distinction between probationary release and acquittal. Probationary release like a legally acknowledged conviction. Read more
The Supreme Court's explanation from Fida Muhammad v. Government of Khyber Pakhtunkhwa and others (2021 SCMR 1895), Plainly distinguished between up-gradation and promotion. Promotion consists of a shift to a higher position with increased responsibilities and rank. Upgradation, around the other hand, delivers financial relief by placing an employee within a higher shell out scale, without transforming their position duties or position. It's a mechanism designed to address the stagnation of employees who have remained within the same pay out scale for a protracted time, particularly when they absence prospects for promotion. Upgradation is usually a policy Software used to alleviate the hardship of lengthy-term stagnation. Read more
These past decisions are called "case law", or precedent. Stare decisis—a Latin phrase meaning "Allow the decision stand"—would be the principle by which judges are bound to these types of past decisions, drawing on set up judicial authority to formulate their positions.
27 . Const. P. 4002/2011 (D.B.) Ibrahim Noor V/S Pakistan International Airways Corporation & Ors. Sindh High Court, Karachi Even, if a petitioner was acquitted in the criminal case following a conviction, in NAB Reference No. 20/2011, this does not automatically produce exoneration from departmental charges based to the same factual grounds. Even though a writ under Article 199 is offered in specific limited situations, it's generally not the right remedy to contest a dismissal from service based on these charges, particularly when the employee was afforded a full possibility to cross-analyze witnesses and present his/her defense but didn't encourage the department of his/her innocence.
eleven . Const. P. 1479/2024 (S.B.) Mst. Shir Bano and another V/S Province of Sindh and others Sindh High Court, Karachi Primarily, this is usually a free and democratic state, and once a person becomes a major he / she can marry whosoever he/she likes; if the parents from the boy or Lady never approve of such inter-caste or interreligious marriage the maximum they can do if they will Slice off social relations with the son or perhaps the daughter, Nevertheless they cannot give threats or commit or instigate for acts of violence and cannot harass the person who undergoes these inter-caste or inter-religious marriage. I therefore, direct that the administration/police authorities will see, if any boy or Lady that is major undergoes inter-caste or inter-religious marriage with a woman or gentleman who's a major, the couple is neither harassed by anyone nor subjected to threats or acts of violence and anyone who gives this kind of threats or harasses or commits acts of violence either himself or at his instigation, is taken to endeavor by instituting criminal proceedings from the police against these persons and further stern action is taken against these kinds of person(s) as provided by legislation.
The DCFS social worker in charge in the boy’s case had the boy made a ward of DCFS, As well as in her 6-thirty day period report towards the court, the worker elaborated within 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.
Article 199 on the Constitution allows High Court intervention only when "no other satisfactory remedy is provided by regulation." It really is very well-settled that an aggrieved person must exhaust available remedies before invoking High Court jurisdiction, regardless of whether These remedies suit them. The doctrine of exhaustion of remedies prevents unnecessary High Court litigation. Read more
12 . Const. P. 245/2025 (S.B.) Qurban Ali S/o Qasim V/S Province of Sindh and others Sindh High Court, Karachi The regulation enjoins the police to become scrupulously fair to the offender as well as the Magistracy is to make 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 along with from other courts Nevertheless they have didn't have any corrective effect on it.
These lists are sorted chronologically by Chief Justice and involve all notable cases decided from the court. Articles exist for almost all cases.
seventeen . Const. P. 5/2024 (S.B.) Mst. Nasira Khalique Thr. Ms. Seema Khalique V/S The Province click here of Sindh and others Sindh High Court, Karachi 2025 SHC KHI forty six I have read the uncovered counsel to the parties and perused the record with their assistance. I intentionally not making any detail comments since the issues in the matter between the parties pending adjudication before the concerned court with regard to the interim relief application in terms of Section seven(one) on the Illegal Dispossession Act 2005 to hand over possession of the subjected premises to your petitioner; that Illegal Dispossession Case needs to get decided from the competent court after hearing the parties if pending given that the petitioner has already sought a similar prayer from the Illegal Dispossession case and so far as the restoration of possession of concerned the trial court has to see this part for interim custody of the subject premises In the event 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
Rulings by courts of “lateral jurisdiction” are usually not binding, but could be used as persuasive authority, which is to provide substance for the party’s argument, or to guide the present court.