The ejectment order against provincial government case law pakistan Diaries
The ejectment order against provincial government case law pakistan Diaries
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Matter:-HARASSMENT Hon'ble Mr. Justice Adnan-ul-Karim Memon(Writer) 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 uncovered counsel for the parties and perused the record with their assistance. I intentionally not making any detail comments because the issues of your matter between the parties pending adjudication before the concerned court with regard to the interim relief application in terms of Section seven(one) from the Illegal Dispossession Act 2005 at hand over possession of the subjected premises towards the petitioner; that Illegal Dispossession Case needs to generally be decided from the competent court after hearing the parties if pending since the petitioner has already sought a similar prayer within the Illegal Dispossession case and as far as the restoration of possession of concerned the trial court has to see this aspect 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.
Persuasive Authority – Prior court rulings that may be consulted in deciding a current case. It may be used to guide the court, but is not really binding precedent.
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 implement, given that the criminal Court hasn't convicted the petitioner, instead he is acquitted with the criminal charges based on evidence and it is nicely-settled law that once the civil servant is acquitted inside the criminal case, then on this incredibly charge he cannot be awarded in almost any punishment via the department and held him disqualified for the post because acquittal for all long term purposes. The aforesaid proposition has become established at naught because of the Supreme Court of Pakistan during the case in the District Police Officer Mainwali and a couple of others v.
In order to preserve a uniform enforcement of the laws, the legal system adheres towards the doctrine of stare decisis
27 . Const. P. 4002/2011 (D.B.) Ibrahim Noor V/S Pakistan International Airways Corporation & Ors. Sindh High Court, Karachi Even, if a petitioner was acquitted in a criminal case following a conviction, in NAB Reference No. 20/2011, this does not automatically cause exoneration from departmental charges based about the same factual grounds. Even though a writ under Article 199 is on the market in specific limited situations, it is generally not the right remedy to contest a dismissal from service based on these charges, particularly when the employee was afforded a full opportunity to cross-take a look at witnesses and present his/her defense but did not encourage the department of his/her innocence.
Because of this, just citing the case is more very likely to annoy a judge than help the party’s case. Visualize it as calling an individual to inform them you’ve found their missing phone, then telling them you live in this kind of-and-these community, without actually offering them an address. Driving throughout the neighborhood looking to find their phone is likely to be more frustrating than it’s really worth.
Some bodies are given statutory powers to issue guidance with persuasive authority or similar statutory effect, like the Highway Code.
Matter:-PROTECTION Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) 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 of the police is usually to apprehend offenders, investigate crimes, and prosecute them before the Courts, also to prevent the commission of crime, and over all, ensure law and order to protect citizens' lives and property. The legislation enjoins the police to get scrupulously fair towards the offender along with the Magistracy is to make sure 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 law and order situation have been the subject of adverse comments from this Court in addition to from other Courts, However they have did not have any corrective effect on it.
182 . Const. P. 6025/2024 (D.B.) Dr. Pritam Das V/S Province of Sindh & Others Sindh divorce law case study High Court, Karachi As far as the stance on the respondents that pensionary benefits can be withheld on account in the allegations leveled against the petitioner, inside our view, section 20 from the Sindh Civil Servants Act of 1973 deals with the pension and gratuity that civil servants are entitled to. However, the act does give for certain circumstances under which a civil servant's pension might be withheld or reduced. These contain if a civil servant is found guilty of misconduct or negligence during their service, their pension may very well be withheld or reduced. If a civil servant is convicted of a serious crime, their pension may very well be withheld or reduced. In certain cases, a civil servant's pension might be withheld or reduced if he/she fails to comply with certain conditions set with the government.
The different roles of case law in civil and common regulation traditions create differences in the way in which that courts render decisions. Common legislation courts generally explain in detail the legal rationale at the rear of their decisions, with citations of both legislation and previous relevant judgments, and infrequently interpret the wider legal principles.
171 . Const. P. 1832/2019 (D.B.) Muhammad Fakhar ul Hasnain V/S Province of Sindh & Others Sindh High Court, Karachi It can be very well founded now that the provision for proforma promotion is not alien or unfamiliar to the civil servant service construction however it is already embedded in Fundamental Rule 17, wherein it truly is lucidly enumerated that the appointing authority may well if pleased that a civil servant who was entitled to get promoted from a particular date was, for no fault of his very own, wrongfully prevented from rendering service towards the Federation/ province within the higher post, direct that these types of civil servant shall be paid the arrears of pay back and allowances of these higher post through proforma promotion or upgradation arising from the antedated fixation of his/her seniority. Read more
Rulings by courts of “lateral jurisdiction” are usually not binding, but may be used as persuasive authority, which is to provide substance for the party’s argument, or to guide the present court.