The 5-Second Trick For case study breach contract business and corporate law in pakistan
The 5-Second Trick For case study breach contract business and corporate law in pakistan
Blog Article
33 . Const. P. 114/2025 (S.B.) Mst. Zoya and another V/S The Province of Sindh and others Sindh High Court, Karachi Additionally, the main objectives of your police would be to apprehend offenders, examine crimes, and prosecute them before the Courts, also to prevent the commission of crime, and above all, assure law and order to protect citizens' lives and property. The regulation enjoins the police for being scrupulously fair to your offender plus the Magistracy is to make certain a fair investigation and fair trial for an offender. Unfortunately, these objectives have remained unfulfilled. Deviations 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.
Article 199 with the Constitution allows High Court intervention only when "no other enough remedy is provided by law." It truly is well-settled that an aggrieved person must exhaust accessible remedies before invoking High Court jurisdiction, regardless of whether Those people remedies suit them. The doctrine of exhaustion of remedies prevents unnecessary High Court litigation. Read more
Because the Supreme Court would be the final arbitrator of all cases where the decision has actually been arrived at, therefore the decision from the Supreme Court needs for being taken care of as directed in terms of Article 187(2) with the Constitution. ten. We must dismiss these petitions because the Supreme Court has already ruled on this. Read more
We make no warranties or guarantees about the accuracy, completeness, or adequacy of your information contained on this site, or even the information linked to around the state site. Some case metadata and case summaries were written with the help of AI, which can create inaccuracies. You should read the full case before depending on it for legal research purposes.
184 . Const. P. 469/2022 (D.B.) Zain Ahmed V/S The I.G of Police and Others Sindh High Court, Karachi In the moment case, the guidelines as established forth would not apply, since the criminal Court hasn't convicted the petitioner, alternatively he has been acquitted in the criminal charges based on evidence and it can be nicely-settled legislation that once the civil servant is acquitted within the criminal case, then on this incredibly charge he cannot be awarded in almost any punishment by the department and held him disqualified for your post because acquittal for all foreseeable future purposes. The aforesaid proposition continues to be established at naught via the Supreme Court of Pakistan within the case in the District Police Officer Mainwali and a pair of others v.
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 from the Constitution based about 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 in the FIR lodged by FIA and while in the intervening period the respondent dismissed him from service where after he preferred petition No.
27 . Const. P. 4002/2011 (D.B.) Ibrahim Noor V/S Pakistan International Airlines Corporation & Ors. Sindh High Court, Karachi Even, if a petitioner was acquitted in the criminal case following a conviction, in NAB Reference No. twenty/2011, this does not automatically bring on exoneration from departmental charges based on the same factual grounds. Whilst a writ under Article 199 is obtainable in specific limited situations, it's generally not the right remedy to contest a dismissal from service based on these charges, particularly when the employee was afforded a full possibility to cross-analyze witnesses and present his/her defense but did not convince the department of his/her innocence.
The regulation as set up in previous court rulings; like common regulation, which springs from judicial decisions and tradition.
Case law, also used interchangeably with common law, is usually a regulation that is based on precedents, that would be the judicial decisions from previous cases, relatively than legislation based on constitutions, statutes, or regulations. Case legislation uses the detailed facts of a legal case that have been resolved by courts or similar tribunals.
Matter:-PROTECTION Hon'ble Mr. Justice Adnan-ul-Karim Memon(Writer) Const. P. 114/2025 (S.B.) Mst. Zoya and another V/S The Province of Sindh and others Sindh High Court, Karachi SHC Citation: SHC-251830 Tag:Additionally, the main objectives from the police is to apprehend offenders, look into crimes, and prosecute them before the Courts, also to prevent the commission of crime, and higher than all, make sure legislation and order to protect citizens' lives and property. The law enjoins the police to be scrupulously fair on the offender as well as the Magistracy is to be certain a fair investigation and fair trial for an offender. Unfortunately, these objectives have remained unfulfilled. Deviations of police officers and police excesses in dealing with the legislation and order situation have been the subject of adverse comments from this Court as well as from other Courts, Nonetheless they have didn't have any corrective effect on it.
182 . Const. P. 6025/2024 (D.B.) Dr. Pritam Das V/S Province of Sindh & Others Sindh High Court, Karachi So far as the stance of your respondents that pensionary benefits could be withheld on account from the allegations leveled against the petitioner, inside our view, section 20 with the Sindh Civil Servants Act of 1973 deals with the pension and gratuity that civil servants are entitled to. However, the act does supply for certain circumstances under which a civil servant's pension may very well be withheld or reduced. These involve if a civil servant is found guilty of misconduct or negligence during their service, their pension could possibly be withheld or reduced. If a civil servant is convicted of a significant crime, their pension could be withheld or reduced. In some cases, a civil servant's pension can be withheld or reduced if he/she fails to comply with certain conditions set with the government.
These lists are sorted chronologically by Chief Justice and incorporate all notable cases decided with the court. Articles exist for almost all cases.
Since the Supreme Court is definitely the final arbitrator of all cases where the decision has long been reached, therefore the decision of your Supreme Court needs to get taken care of as directed in terms of Article 187(two) on the Constitution. ten. We must dismiss these petitions because the Supreme Court has already ruled on this. Read more
Matter:-SERVICE Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) Const. P. 642/2023 (D.B.) Fatima Noor V/S Dow University of get more info Health Science and Others Sindh High Court, Karachi SHC Citation: SHC-225471 Tag:Coming towards the main case, Additionally it is a very well-established 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 succeed in a finding of fact or conclusion. But that finding must be based on some evidence. Neither the technical rules nor proof of the fact or evidence within the Stricto-Sensu, implement to disciplinary proceedings. When the authority accepts that evidence and summary obtain support therefrom, the disciplinary authority is entitled to hold that the delinquent officer is guilty of the charge, however, that is topic on the procedure provided under the relevant rules and not otherwise, to the reason that the Court in its power of judicial review does not work as appellate authority to re-appreciate the evidence and to arrive at its independent findings over the evidence.