partial plaint cannot be rejected case law pakistan - An Overview
partial plaint cannot be rejected case law pakistan - An Overview
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nine . 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 law enjoins the police to be scrupulously fair to the offender as well as Magistracy is to be 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 regulation and order situation have been the subject of adverse comments from this Court and also from other courts but 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 plenty 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.
Additionally it is important to note that granting of seniority to a civil servant without the actual size of service pretty much violates your entire service composition like a civil servant inducted in Quality 17 by claiming these benefit without any experience be directly posted in any higher grade, which is neither the intention of your law nor on the equity. Read more
Matter:-HARASSMENT Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) 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 usually a free and democratic region, and once a person becomes a major he or she can marry whosoever he/she likes; In case the parents from the boy or Lady usually do not approve of this kind of inter-caste or interreligious marriage the most they might do if they could cut off social relations with the son or even the daughter, However 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 girl who is major undergoes inter-caste or inter-religious marriage with a woman or person who is a major, the few is neither harassed by anybody nor subjected to threats or acts of violence and anyone who provides these threats or harasses or commits acts of violence either himself or at his instigation, is taken to undertaking by instituting criminal proceedings because of the police against this sort of persons and further stern action is taken against these types of person(s) as provided by law.
Commonly, the burden rests with litigants to appeal rulings (such as those in clear violation of established case legislation) on the higher courts. If a judge acts against precedent, along with the case is not really appealed, the decision will stand.
13 . Const. P. 209/2025 (S.B.) Saifullah Jamali (Disable) V/S Province of Sindh and others Sindh High Court, Karachi After arguing the matter at some length, both parties have agreed on the disposal of the instant petition to the premise that the DIGP Malir will hear the petitioner as well as private respondents and will just take care of all of the areas of the case and be certain that no harassment shall be caused to both the parties.
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 moment Petition under Article 199 in the Constitution based over the doctrine of laches as this petition was filed in 2016, whereas the alleged cause of action accrued for the petitioner in 1992. The petitioner asserts that he pursued his legal remedy just after involvement from the FIR lodged by FIA and within the intervening period the respondent dismissed him from service where after he preferred petition No.
Summaries offer a concise insight into the realm of dispute resolution outdoors traditional court proceedings. In Pakistan, arbitration serves as an important alternative for resolving commercial conflicts swiftly and competently.
We are an independent branch of government constitutionally entrusted with the fair and just resolution of disputes in order to preserve the rule of regulation and to protect the rights and liberties guaranteed via the Constitution and laws here with the United States and this State.
163 . Const. P. 4965/2023 (D.B.) Saleem Khan V/S Province of Sindh & Others Sindh High Court, Karachi It really is well-settled that when taking into consideration the case of regular promotion of civil servants, the competent authority should evaluate the benefit of all of the suitable candidates and after owing deliberations, to grant promotion to this kind of qualified candidates who're found for being most meritorious among them. Since the petitioner was held to get senior to his colleagues who were promoted in BS-19, the petitioner was dismissed through the respondent department just to increase favor to your blue-eyed candidate based on OPS, which is apathy about the part in the respondent department.
The law of necessity identified and upheld by Pakistan's highest judicial body has proved an honorable protection for military adventure in civil government.it was the illegal action called legislation of necessity..
For that reason, this petition is hereby disposed of while in the terms stated earlier mentioned. However no harassment shall be caused to both party plus the case shall be decided via the competent court of regulation if pending. Read more
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8. For that reasons stated previously mentioned, this court finds the petition being without legal or factual foundation and therefore dismisses it. This court concurs with the respondents' position as contend while in the comments, and their request is As a result acceded to. All pending applications, if any, may also be dismissed. Read more
The Court directed the Chief Secretary of Sindh to make sure the Act's effective implementation in line with its primary purpose and called for educational programs Bachelor degree(s) in the subject of cooperative societies. Read more