The smart Trick of ejusdem generis case laws That No One is Discussing
The smart Trick of ejusdem generis case laws That No One is Discussing
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The police has the power to arrest a person even without obtaining a warrant of arrest from a court. The a lot of this power casts an obligation over 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. Read more
Matter:-HARASSMENT Hon'ble Mr. Justice Adnan-ul-Karim Memon(Creator) Const. P. five/2024 (S.B.) Mst. Nasira Khalique Thr. Ms. Seema Khalique V/S The Province of Sindh and others Sindh High Court, Karachi CITATION:2025 SHC KHI 46 SHC Citation: SHC-252218 Tag:I have read the acquired counsel to 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 towards the interim relief application in terms of Section 7(one) in the Illegal Dispossession Act 2005 at hand over possession in the subjected premises into the petitioner; that Illegal Dispossession Case needs for being decided from the competent court after hearing the parties if pending since the petitioner has already sought a similar prayer during the Illegal Dispossession case and as far as the restoration of possession of concerned the trial court must see this aspect for interim custody of the topic premises When 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.
The plenty of this power casts an obligation on 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. However it is actually made crystal clear that police is free to get action against any person who is indulged in criminal activities subject to regulation. 8. The DIGP concerned is directed to prioritize this matter and, after hearing both parties within two weeks, address the alleged police misconduct. If the officials are found culpable, departmental proceedings for their punishment must be initiated, and they shall be assigned non-industry duties inside the interim period. Read more
149 . Const. P. 6193/2016 (D.B.) Syed Musawar Shah V/S M.D CSD and Ors Sindh High Court, Karachi First and foremost, we would address the issue of maintainability of the moment Petition under Article 199 in the Constitution based around the doctrine of laches as this petition was filed in 2016, whereas the alleged cause of action accrued towards the petitioner in 1992. The petitioner asserts that he pursued his legal remedy just after involvement in the FIR lodged by FIA and from the intervening period the respondent dismissed him from service where after he preferred petition No.
Civil Courts retain jurisdiction over title disputes in partition matters. Agreement to sell does not confer title; it demands legal transfer of title. Agreement to sell must be produced and properly exhibited in evidence. Declining relief based on an unproduced and un-exhibited sale agreement is legally unsustainable. Read more
All executive and judicial authorities throughout Pakistan are obligated to act in support in the Supreme Court, ensuring the enforcement of its judgments. As being the Supreme Court will be the final arbitrator of all cases where the decision has long been achieved, the decision in the Supreme Court needs for being taken care of as directed in terms of Article 187(2) on the Constitution. Read more
The court system is then tasked with interpreting the law when it truly is unclear the way it relates to any given situation, typically rendering judgments based around the intent of lawmakers and the circumstances of your case at hand. These types of decisions become a guide for foreseeable future similar cases.
161 . Const. P. 642/2023 (D.B.) Fatima Noor V/S Dow University of Health Science and Others Sindh High Court, Karachi Coming on the main case, It's also a nicely-founded proposition of legislation 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 achieve a finding of fact more info or summary. But that finding must be based on some evidence. Neither the technical rules nor proof of a fact or evidence during the Stricto-Sensu, implement to disciplinary proceedings. When the authority accepts that evidence and conclusion acquire support therefrom, the disciplinary authority is entitled to hold that the delinquent officer is guilty with the charge, however, that is matter towards the procedure provided under the relevant rules instead of otherwise, to the reason that the Court in its power of judicial review does not act as appellate authority to re-take pleasure in the evidence and to reach at its independent findings within the evidence.
Binding Precedent – A rule or principle established by a court, which other courts are obligated to comply with.
Therefore, this petition is hereby disposed of while in the terms stated over. However no harassment shall be caused to possibly party and the case shall be decided through the competent court of law if pending. Read more
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Therefore, this petition is found for being not maintainable and is particularly dismissed along with the pending application(s), along with the petitioners may perhaps seek out remedies through the civil court process as discussed supra. Read more