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 to be scrupulously fair to your offender along with 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 regulation and order situation have been the topic of adverse comments from this Court and 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 loads of this power casts an obligation around the police and it must bear in mind, as held by this Court that if a person is arrested for your crime, his constitutional and fundamental rights must not be violated.
A lessen court might not rule against a binding precedent, even if it feels that it can be unjust; it could only express the hope that a higher court or the legislature will reform the rule in question. In case the court believes that developments or trends in legal reasoning render the precedent unhelpful, and wishes to evade it and help the law evolve, it may possibly hold that the precedent is inconsistent with subsequent authority, or that it should be distinguished by some material difference between the facts from the cases; some jurisdictions allow for your judge to recommend that an appeal be performed.
When the DIGP finds evidence of the cognizable offense by both party, he shall direct the relevant SHO to record statements and move forward according towards the legislation. This petition stands disposed of in the above terms. Read more
The an abundance of this power casts an obligation within the police and it must bear in mind, as held by this Court that if a person is arrested for just a crime, his constitutional and fundamental rights must not be violated. However it is made crystal clear that police is free to consider action against any person who is indulged in criminal activities issue to legislation. 8. The DIGP concerned is directed to prioritize this matter and, after hearing both parties within two months, address the alleged police misconduct. In the event the officials are found culpable, departmental proceedings for their punishment must be initiated, they usually shall be assigned non-discipline duties in the interim period. Read more
2299 of 2025. The findings are pending finalization and will be submitted without delay. Additionally they stated that directives for strict compliance have been issued to all Karachi units, with non-compliance experiencing 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 terms. Read more
a hundred forty five . Const. P. 3670/2023 (D.B.) Rehan Pervez V/S Fed. of Pakistan and Others Sindh High Court, Karachi First and foremost, we would address the issue of maintainability of the instant Petition under Article 199 in the Constitution based to the doctrine of laches as this petition was filed in 2016, whereas the alleged cause of action accrued to the petitioner in 1992. The petitioner asserts that he pursued his legal remedy just after involvement within the FIR lodged by FIA and within the intervening period the respondent dismissed him from service where after he preferred read more petition No.
116 . Cr.Misc. 787/2024 (S.B.) Muhammad Anwar V/S S.P Complaint Mobile Hyderabad & Others Sindh High Court, Circuit at Hyderabad 2025 SHC HYD 12 Justice with the Peace u/s 22-A is not obliged to afford a chance of hearing into the accused party; nor obliged to necessarily or mechanically issue directions for registration of FIR; but is needed to consider all relevant factors, with care and caution; to avoid equipment of criminal legislation from being misused; frivolous complaints must be discouraged; relationship, enmity, transactions, litigation and other remedies, are a few of the relevant factors. Read more
Numerous judgments have affirmed that the mere registration of the crime does not represent a "public interest" justification for restricting a person's liberty. Therefore, the Respondent's actions in putting the Petitioner's name on the ECL based on the criminal case are inconsistent with set up legal principles. As a result, this petition must be allowed Read more
163 . Const. P. 4965/2023 (D.B.) Saleem Khan V/S Province of Sindh & Others Sindh High Court, Karachi It is actually very well-settled that even though taking into consideration the case of regular promotion of civil servants, the competent authority has got to look at the benefit of each of the eligible candidates and after owing deliberations, to grant promotion to these kinds of eligible candidates who're found to be most meritorious amongst them. Considering that the petitioner was held to be senior to his colleagues who were promoted in BS-19, the petitioner was dismissed from the respondent department just to extend favor to your blue-eyed candidate based on OPS, which is apathy within the part in the respondent department.
Article 27 of your Constitution does not only safeguard against discrimination with the time of appointment of service but after the appointment also. The disparity within the shell out scale allowances of Stenographers during the District Judiciary is within the very clear negation with the legislation laid down by the Supreme Court in its different pronouncements. Read more
For that reason, this petition is hereby disposed of inside the terms stated above. However no harassment shall be caused to possibly party as well as case shall be decided from the competent court of law if pending. Read more
In 1997, the boy was placed into the home of John and Jane Roe being a foster child. Although the couple had two young children of their possess at home, the social worker did not convey to them about the boy’s history of both being abused, and abusing other children. When she made her report into the court the following day, the worker reported the boy’s placement within the Roe’s home, but didn’t mention that the couple experienced youthful children.
156 . Const. P. 1015/2021 (D.B.) Muhammad Saleem Jehangir V/S Province of Sindh and Others Sindh High Court, Karachi It is additionally important to note that neither seniority nor promotion could be the vested right of the civil servant, therefore, neither any seniority nor any promotion may be claimed or granted without the actual size of service on account of vested rights. The purpose of prescribing a particular size of service for turning out to be entitled for being regarded as for promotion to a higher quality, of course, is just not without logic since the officer who's at first inducted to the particular post needs to provide over the stated post to gain experience to hold the next higher post and to provide the public in a very befitting way.
Free database for searching federal court dockets and documents pulled from PACER. Coverage just isn't extensive, but this is a superb starting point. See Background section at base of RECAP website for more information.