However, the above observation is without prejudice on the legal rights on the parties, arising out of the over marriage from the pair, if any, pending before the competent court of regulation. Read more
Some pluralist systems, such as Scots regulation in Scotland and types of civil legislation jurisdictions in Quebec and Louisiana, tend not to specifically match into the dual common-civil regulation system classifications. These types of systems may well have been seriously influenced via the Anglo-American common legislation tradition; however, their substantive law is firmly rooted in the civil regulation tradition.
Matter:-HARASSMENT Hon'ble Mr. Justice Adnan-ul-Karim Memon(Writer) Const. P. 1479/2024 (S.B.) Mst. Shir Bano and another V/S Province of Sindh and others Sindh High Court, Karachi SHC Citation: SHC-252214 Tag:Primarily, this is often a free and democratic state, and once a person becomes a major he or she can marry whosoever he/she likes; When the parents of the boy or Female tend not to approve of these types of inter-caste or interreligious marriage the maximum they can do if they are able to Minimize 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 these kinds of inter-caste or inter-religious marriage. I therefore, direct that the administration/police authorities will see, if any boy or Lady who's major undergoes inter-caste or inter-religious marriage with a woman or gentleman that is a major, the pair is neither harassed by everyone nor subjected to threats or acts of violence and anybody who presents these types of threats or harasses or commits acts of violence either himself or at his instigation, is taken to task by instituting criminal proceedings by the police against this sort of persons and further stern action is taken against this sort of person(s) as provided by law.
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184 . Const. P. 469/2022 (D.B.) Zain Ahmed V/S The I.G of Police and Others Sindh High Court, Karachi In the instant case, the guidelines as established forth would not apply, because the criminal Court has not convicted the petitioner, instead he has become acquitted in the criminal charges based on evidence and it is properly-settled law that once the civil servant is acquitted within the criminal case, then on this extremely charge he cannot be awarded in any punishment through the department and held him disqualified to the post because acquittal for all foreseeable future purposes. The aforesaid proposition has long been established at naught via the Supreme Court of Pakistan during the case of the District Police Officer Mainwali and a couple of others v.
However it truly is made distinct that police is free to just take action against any person that's indulged in criminal activities matter to regulation. However no harassment shall be caused on the petitioner, if she acts within the bonds of regulation. Police shall also ensure regard of the family shed in accordance with law and should they have reasonable ground to prevent the congnizable offence they could act, as far as raiding the house is concerned the police shall secure concrete evidence and procure necessary permission from the concerned high police official/Magistrate for a issue of security of the house is concerned, which is not public place under the Act 1977. 9. Taking into consideration the aforementioned details, the objective of filing this petition has actually been here obtained. For that reason, this petition is hereby disposed of during the terms stated above. Read more
All executive and judicial authorities throughout Pakistan are obligated to act in assist in the Supreme Court, guaranteeing the enforcement of its judgments. Since the Supreme Court will be the final arbitrator of all cases where the decision has been arrived at, the decision of the Supreme Court needs to be taken care of as directed in terms of Article 187(2) of the Constitution. Read more
Amir Abdul Majid, 2021 SCMR 420. 12. There is not any denial from the fact that in Government service it is expected that the persons possessing their character above board, free from any moral stigma, are for being inducted. Verification of character and antecedents is often a condition precedent for appointment to the Government service. The candidates must have good character and supply two recent character certificates from unrelated individuals. What is discernible from the above mentioned is that the only impediment to being appointed to some Government service would be the conviction on an offense involving moral turpitude but involvement, which does not culminate into a proof by conviction, cannot be a way out or guise to perform absent with the candidature with the petitioner. Read more
10. Without touching the merits of your case in the issue of once-a-year increases within the pensionary emoluments on the petitioner, in terms of policy decision of the provincial government, these kinds of yearly increase, if permissible during the case of employees of KMC, demands further assessment to get made by the court of plenary jurisdiction. KMC's reluctance as a result of funding issues and deficiency of adoption of provincial increases, creates a factual dispute that cannot be resolved in writ jurisdiction, demanding the petitioner to go after other legal avenues. Read more
This Court may well interfere where the authority held the proceedings against the delinquent officer inside a method inconsistent with the rules of natural justice or in violation of statutory rules prescribing the method of inquiry or where the summary or finding achieved by the disciplinary authority is based on no evidence. If the summary or finding is which include no reasonable person would have ever arrived at, the Court may perhaps interfere with the summary or even the finding and mould the relief to really make it ideal on the facts of every case. In service jurisprudence, the disciplinary authority is definitely the sole judge of facts. Where the appeal is presented, the appellate authority has coextensive power to re-respect the evidence or perhaps the nature of punishment. Over the aforesaid proposition, we're fortified through the decision in the Supreme Court while in 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(Writer) Source: Order: Downloads 337 Order Date: 24-JAN-25 Approved for Reporting WhatsApp
12 . Const. P. 245/2025 (S.B.) Qurban Ali S/o Qasim V/S Province of Sindh and others Sindh High Court, Karachi The law enjoins the police to get scrupulously fair towards 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 together with from other courts but they have didn't have any corrective effect on it.
Statutory laws are People created by legislative bodies, which include Congress at both the federal and state levels. Whilst this style of legislation strives to form our society, giving rules and guidelines, it would be impossible for just about any legislative body to anticipate all situations and legal issues.
Because of their position between the two main systems of legislation, these types of legal systems are sometimes referred to as blended systems of law.
States also ordinarily have courts that handle only a specific subset of legal matters, including family legislation and probate. Case legislation, also known as precedent or common legislation, could be the body of prior judicial decisions that guide judges deciding issues before them. Depending on the relationship between the deciding court and the precedent, case regulation may be binding or merely persuasive. For example, a decision with the U.S. Court of Appeals to the Fifth Circuit is binding on all federal district courts within the Fifth Circuit, but a court sitting in California (whether a federal or state court) is not strictly bound to Stick to the Fifth Circuit’s prior decision. Similarly, a decision by 1 district court in The big apple will not be binding on another district court, but the first court’s reasoning may help guide the second court in reaching its decision. Decisions with the U.S. Supreme Court are binding on all federal and state courts. Read more