case when law is silent Things To Know Before You Buy
case when law is silent Things To Know Before You Buy
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In Dosso's case (1958), the Pakistan Supreme Court used jurist Hans Kelsen's theory that a revolution can be justified when The fundamental norm underlying a Constitution disappears and a new system is put in its place.
Matter:-HARASSMENT Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) 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 forty six SHC Citation: SHC-252218 Tag:I have listened to the acquired counsel for your parties and perused the record with their assistance. I intentionally not making any detail comments since the issues of the matter between the parties pending adjudication before the concerned court with regard for the interim relief application in terms of Section 7(1) of your Illegal Dispossession Act 2005 to hand over possession from the subjected premises for the petitioner; that Illegal Dispossession Case needs to be decided through the competent court after hearing the parties if pending given that the petitioner has already sought a similar prayer while in the Illegal Dispossession case and as far as the restoration of possession of concerned the trial court must see this part for interim custody of the subject premises If your petitioner was found forcibly evicted from the premises in question if she possessed the valid rent agreement and decision be made within two weeks from the date of receipt of this order.
Sign up for E-mail Notification of new opinions The cases listed below have had opinions filed for them within the last 14 days. The following information is readily available for Every single case: Information Sheet - Click a case number to view case details, which include signing JusticesJudges and participating attorneys.
13. The Supreme Court has held that once the act of misconduct is recognized along with the employee is found guilty after because of process of law, it's the prerogative in the employer to decide the quantum of punishment, from the various penalties provided in regulation. The casual or unpremeditated observation that the penalty imposed is just not proportionate with the seriousness from the act of misconduct just isn't sufficient though the order must show that the competent authority has applied its mind and exercised the discretion in a very structured and lawful method. Read more
145 . 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 with the Constitution based around the doctrine of laches as this petition was filed in 2016, whereas the alleged cause of action accrued on the petitioner in 1992. The petitioner asserts that he pursued his legal remedy just after involvement during the FIR lodged by FIA and within the intervening period the respondent dismissed him from service where after he preferred petition No.
The Roes accompanied the boy to his therapy sessions. When they were instructed of the boy’s past, they requested if their children were Risk-free with him in their home. The therapist confident them that that they had nothing to worry about.
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 often a free and democratic state, and once a person becomes a major he / she can marry whosoever he/she likes; In the event the parents with the boy or girl usually do not approve of these inter-caste or interreligious marriage the utmost they might do if they might Slash off social relations with the son or maybe the daughter, but they cannot give threats or commit or instigate for acts of violence and cannot harass the person who undergoes this sort of inter-caste or inter-religious marriage. I therefore, direct that the administration/police authorities will see, if any boy or Woman who's major undergoes inter-caste or inter-religious marriage with a woman or gentleman who's a major, the couple is neither harassed by any person nor subjected to threats or acts of violence and anyone who provides these types of threats or harasses or commits acts of violence possibly himself or at his instigation, is taken to process by instituting criminal proceedings via the police against these types of persons and further stern action is taken against these person(s) as provided by regulation.
On June sixteen, 1999, a lawsuit was filed on behalf on the boy by a guardian advert litem, against DCFS, the social worker, and the therapist. A similar lawsuit was also filed on behalf in the Roe’s victimized son by a different guardian advert litem. The defendants petitioned the trial court for just a dismissal based on absolute immunity, since they were all performing in their Work opportunities with DCFS.
This Court read more may well interfere where the authority held the proceedings against the delinquent officer in a manner inconsistent with the rules of natural justice or in violation of statutory rules prescribing the method of inquiry or where the conclusion or finding attained through the disciplinary authority is based on no evidence. When the summary or finding is for example no reasonable person would have ever achieved, the Court may perhaps interfere with the summary or perhaps the finding and mold the relief to make it correct into the facts of each case. In service jurisprudence, the disciplinary authority is the sole judge of facts. Where the appeal is presented, the appellate authority has coextensive power to re-appreciate the evidence or maybe the nature of punishment. Within the aforesaid proposition, we've been fortified because of the decision on the Supreme Court during the case of Ghulam Murtaza Shaikh v. Chief Minister Sindh (2024 SCMR 1757). Bench: Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Creator) Source: Order: Downloads 337 Order Date: 24-JAN-twenty five Approved for Reporting WhatsApp
For that reason, this petition is hereby disposed of while in the terms stated previously mentioned. However no harassment shall be caused to both party as well as the case shall be decided by the competent court of regulation if pending. Read more
Any court may possibly request to distinguish the present case from that of a binding precedent, to reach a different conclusion. The validity of this type of distinction may or may not be accepted on appeal of that judgment to your higher court.
Previous four tax years interpreted. It's not necessarily from the date of finalisation of audit but from the tax year involved. Read more
Free database for searching federal court dockets and documents pulled from PACER. Coverage will not be detailed, but this is a superb starting point. See Background section at bottom of RECAP website for more information.