Top latest Five latest pakistani case law Urban news
Top latest Five latest pakistani case law Urban news
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Matter:-HARASSMENT Hon'ble Mr. Justice Adnan-ul-Karim Memon(Creator) 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 actually a free and democratic country, and once a person becomes a major he / she can marry whosoever he/she likes; If your parents from the boy or Lady tend not to approve of these inter-caste or interreligious marriage the maximum they might do if they're able to Slash 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 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 male who is a major, the few is neither harassed by any individual nor subjected to threats or acts of violence and anyone who gives this sort of threats or harasses or commits acts of violence possibly himself or at his instigation, is taken to endeavor by instituting criminal proceedings from the police against this kind of persons and further stern action is taken against these person(s) as provided by regulation.
The necessary analysis (called ratio decidendi), then constitutes a precedent binding on other courts; further analyses not strictly necessary towards the determination with the current case are called obiter dicta, which represent persuasive authority but usually are not technically binding. By contrast, decisions in civil legislation jurisdictions are generally shorter, referring only to statutes.[four]
149 . Const. P. 6193/2016 (D.B.) Syed Musawar Shah V/S M.D CSD and Ors Sindh High Court, Karachi First and foremost, we would address the issue of maintainability of the moment Petition under Article 199 of your Constitution based around 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 during the intervening period the respondent dismissed him from service where after he preferred petition No.
However it's made obvious that police is free to take action against any person who's indulged in criminal activities subject to legislation. However no harassment shall be caused towards the petitioner, if she acts within the bonds of regulation. Police shall also make sure respect in the family drop in accordance with law and if they have reasonable ground to prevent the congnizable offence they might act, so far as raiding the get more info house is concerned the police shall protected concrete evidence and procure necessary permission from the concerned high police official/Magistrate as a issue of security on the house is concerned, which is just not public place under the Act 1977. nine. Contemplating the aforementioned details, the objective of filing this petition has actually been achieved. Therefore, this petition is hereby disposed of inside the terms stated earlier mentioned. Read more
Summaries offer a concise insight into the realm of dispute resolution outside the house traditional court proceedings. In Pakistan, arbitration serves as a vital alternative for resolving commercial conflicts swiftly and effectively.
Numerous judgments have affirmed that the mere registration of a crime does not represent a "public interest" justification for restricting a person's liberty. Therefore, the Respondent's actions in positioning the Petitioner's name within the ECL based on the criminal case are inconsistent with established legal principles. For that reason, this petition must be allowed Read more
, which is Latin for “stand by decided matters.” This means that a court will be bound to rule in accordance with a previously made ruling around the same sort of case.
Article 199 with the Constitution allows High Court intervention only when "no other enough remedy is provided by legislation." It is actually nicely-settled that an aggrieved person must exhaust readily available remedies before invoking High Court jurisdiction, regardless of whether those remedies suit them. The doctrine of exhaustion of remedies prevents unnecessary High Court litigation. Read more
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 be scrupulously fair into 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 legislation and order situation have been the topic of adverse comments from this Court and from other courts but they have failed to have any corrective effect on it.
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If that judgment goes to appeal, the appellate court will have the chance to review both the precedent and the case under appeal, Probably overruling the previous case law by setting a fresh precedent of higher authority. This may possibly take place several times as the case works its way through successive appeals. Lord Denning, first in the High Court of Justice, later of the Court of Appeal, provided a famous example of this evolutionary process in his development on the concept of estoppel starting while in the High Trees case.
Therefore, this petition is found for being not maintainable and it is dismissed along with the pending application(s), as well as petitioners might request remedies through the civil court process as discussed supra. Read more