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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 46 SHC Citation: SHC-252218 Tag:I have read the discovered counsel for that parties and perused the record with their assistance. I intentionally not making any detail comments as the issues on the matter between the parties pending adjudication before the concerned court with regard into the interim relief application in terms of Section 7(1) of your Illegal Dispossession Act 2005 to hand over possession of the subjected premises on the petitioner; that Illegal Dispossession Case needs to be decided with the competent court after hearing the parties if pending as being 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 got to see this aspect for interim custody of the topic premises When the 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.
The necessary analysis (called ratio decidendi), then constitutes a precedent binding on other courts; further analyses not strictly necessary to the determination from the current case are called obiter dicta, which constitute persuasive authority but are certainly not technically binding. By contrast, decisions in civil legislation jurisdictions are generally shorter, referring only to statutes.[4]
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 on the Constitution based within the doctrine of laches as this petition was filed in 2016, whereas the alleged cause of action accrued to the petitioner in 1992. The petitioner asserts that he pursued his legal remedy just after involvement from the FIR lodged by FIA and inside the intervening period the respondent dismissed him from service where after he preferred petition No.
Generally speaking, higher courts will not have direct oversight over the reduce courts of record, in that they cannot access out on their initiative (sua sponte) at any time to overrule judgments from the decrease courts.
116 . Cr.Misc. 787/2024 (S.B.) Muhammad Anwar V/S S.P Complaint Cell Hyderabad & Others Sindh High Court, Circuit at Hyderabad 2025 SHC HYD twelve Justice from the Peace u/s 22-A just isn't obliged to afford an opportunity of hearing to your accused party; nor obliged to automatically or mechanically issue directions for registration of FIR; but is necessary to take into account all relevant factors, with care and caution; to avoid machinery of criminal regulation from being misused; frivolous complaints must be discouraged; relationship, enmity, transactions, litigation and other remedies, are several of the relevant factors. Read more
168 . H.C.A 203/2016 (D.B.) Saleh Muhammad V/S Faqir Muhammad & others Sindh High Court, Karachi Subject matter: Appeal At times it's practical to get a Judge to dismiss the suit for non-prosecution, however, a Judge is under the obligation to help make an attempt to dispose of a case on merit and more importantly when after recording of evidence it's achieved to some stage of final arguments, endeavors should be made for benefit disposal when it's arrived at such stage. Read more
10. Without touching the merits with the case in the issue of once-a-year increases during the pensionary emoluments of the petitioner, in terms of policy decision in the provincial government, these types of once-a-year increase, if permissible inside the case of employees of KMC, needs further assessment to become made because of the court of plenary jurisdiction. KMC's reluctance as a consequence of funding issues and not enough adoption of provincial increases, creates a factual dispute that cannot be resolved in writ jurisdiction, necessitating the petitioner to go after other legal avenues. Read more
twelve. There isn't any denial from the fact that in Government service it is anticipated that the persons obtaining their character previously mentioned board, free from any moral stigma, are to become inducted. Verification of character and antecedents is often a condition precedent for appointment to your Government service. The candidates must have good character and read more provide two recent character certificates from unrelated individuals. What is discernible from the above mentioned is that the only impediment to being appointed to your Government service would be the conviction on an offense involving moral turpitude but involvement, which does not culminate into a proof by conviction, cannot be a way out or guise to try and do away with the candidature of your petitioner. Bench: Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) Source: Order: Downloads 185 Order Date: fifteen-JAN-25 Approved for Reporting WhatsApp
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 from the law laid down because of the Supreme Court in the case of Haji Muhammad Ismail Memon, PLD 2007 SC 35. Thus, the competent authority of the parent department on the petitioner as well as the Chief Secretary, Sindh, are liable to release the pensionary amount on the petitioner and pay the pension amount and other ancillary benefits into the petitioner to which he is entitled under the regulation within two months from the date of receipt of this order. The competent authority with the respondent is likewise directed to recalculate the pensionary benefits in 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 legislation jurisdictions adhere to a tradition that the reader should have the capacity to deduce the logic from the decision as well as the statutes.[four]
156 . Const. P. 1015/2021 (D.B.) Muhammad Saleem Jehangir V/S Province of Sindh and Others Sindh High Court, Karachi Additionally it is important to note that neither seniority nor promotion will be the vested right of the civil servant, therefore, neither any seniority nor any promotion might be claimed or granted without the actual size of service on account of vested rights. The purpose of prescribing a particular length of service for starting to be entitled to be thought of for promotion into a higher quality, of course, just isn't without logic given that the officer who's initially inducted to your particular post needs to serve about the reported post to gain experience to hold the next higher post and to serve the public inside of a befitting method.
Summaries supply a condensed overview of offences and their penalties, and also the procedural facets of prosecuting and punishing individuals accused of committing crimes.