Detailed Notes on khula case law in pakistan

However, the above mentioned observation is without prejudice for the legal rights from the parties, arising out with the over marriage of the pair, if any, pending before the competent court of legislation. Read more

Case regulation is specific towards the jurisdiction in which it had been rendered. By way of example, a ruling in a California appellate court would not generally be used in deciding a case in Oklahoma.

Matter:-HARASSMENT Hon'ble Mr. Justice Adnan-ul-Karim Memon(Writer) Const. P. 5/2024 (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 46 SHC Citation: SHC-252218 Tag:I have heard the acquired counsel for your parties and perused the record with their assistance. I intentionally not making any detail comments given that the issues of your matter between the parties pending adjudication before the concerned court with regard towards the interim relief application in terms of Section seven(1) in the Illegal Dispossession Act 2005 at hand over possession in the subjected premises to your petitioner; that Illegal Dispossession Case needs to get decided via the competent court after hearing the parties if pending because the petitioner has already sought a similar prayer in the Illegal Dispossession case and as far as the restoration of possession of concerned the trial court has got to see this part for interim custody of the topic 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 months from the date of receipt of this order.

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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 on the doctrine of laches as this petition was filed in 2016, whereas the alleged cause of action accrued towards the petitioner in 1992. The petitioner asserts that he pursued his legal remedy just after involvement during the FIR lodged by FIA and within the intervening period the respondent dismissed him from service where after he preferred petition No.

Generally speaking, higher courts tend not to have direct oversight over the decreased courts of record, in that they cannot get to out on their initiative (sua sponte) at any time to overrule judgments in the reduce courts.

The Roes accompanied the boy to his therapy sessions. When they were instructed in the boy’s past, they asked if their children were Risk-free with him in their home. The therapist assured them that they had nothing to fret about.

The law as founded in previous court rulings; like common legislation, which springs from judicial decisions and tradition.

161 . Const. P. 642/2023 (D.B.) Fatima Noor V/S Dow University of Health Science and Others Sindh High Court, Karachi Coming to the main case, It's also a effectively-proven 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 achieve a finding of fact or summary. But that finding must be based on some evidence. Neither the technical rules case law on hostile witness nor proof of a fact or evidence inside the Stricto-Sensu, use to disciplinary proceedings. When the authority accepts that evidence and summary get support therefrom, the disciplinary authority is entitled to hold that the delinquent officer is guilty on the charge, however, that is subject matter to your procedure provided under the relevant rules rather than otherwise, for that reason that the Court in its power of judicial review does not work as appellate authority to re-respect the evidence and to reach at its independent findings about the evidence.

Matter:-PROTECTION Hon'ble Mr. Justice Adnan-ul-Karim Memon(Creator) 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 with the police would be to apprehend offenders, look into crimes, and prosecute them before the Courts, also to prevent the commission of crime, and earlier mentioned all, make certain regulation and order to protect citizens' lives and property. The legislation enjoins the police to become scrupulously fair for the offender and the Magistracy is to ensure 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 from other Courts, Nevertheless they have didn't have any corrective effect on it.

In other circumstances as discussed supra pensionary benefits cannot be stopped on account of criminal charges after the retirement of two years; and, is violative with the legislation laid down from the Supreme Court from the case of Haji Muhammad Ismail Memon, PLD 2007 SC 35. Thus, the competent authority of your parent department in the petitioner plus the Chief Secretary, Sindh, are liable to release the pensionary amount on the petitioner and spend the pension amount and other ancillary benefits to the petitioner to which He's entitled under the law within two months from the date of receipt of this order. The competent authority of your respondent is likewise directed to recalculate the pensionary benefits on the petitioner and increases accrued thereon the withheld pensionary benefits with effect from stopping to date. Read more

The reason for this difference is that these civil law jurisdictions adhere to a tradition that the reader should be capable of deduce the logic from the decision along with the statutes.[4]

eight. For that reasons stated higher than, this court finds the petition to get without legal or factual foundation and therefore dismisses it. This court concurs with the respondents' position as contend during the comments, and their request is Consequently acceded to. All pending applications, if any, can also be dismissed. Read more

The discovered Tribunal shall decide the case on merits, without being influenced via the findings while in the Impugned order, after recording of evidence from the respective parties. Read more

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