Detailed Notes on khula case law in pakistan

Google Scholar – an enormous database of state and federal case law, which is searchable by keyword, phrase, or citations. Google Scholar also allows searchers to specify which level of court cases to search, from federal, to specific states.

The police has the power to arrest a person even without obtaining a warrant of arrest from a court. The a good amount of this power casts an obligation over the police and it must bear in mind, as held by this Court that if a person is arrested for a crime, his constitutional and fundamental rights must not be violated. Read more

14. While in the light in the position explained above, it's concluded that a civil servant includes a fundamental right for being promoted even after his retirement by awarding proforma promotion; provided, his right of promotion accrued during his service but couldn't be thought of for no fault of his very own and meanwhile he retired on attaining the age of superannuation without any shortcoming on his part about deficiency during the size of service or inside the form of inquiry and departmental action was so taken against his right of promotion. Bench: Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Creator) Source: Order: Downloads 433 Order Date: 24-JAN-25 Approved for Reporting WhatsApp

The an abundance of this power casts an obligation on the police and it must bear in mind, as held by this Court that if a person is arrested for just a crime, his constitutional and fundamental rights must not be violated. However it is made clear that police is free to acquire action against any person that is indulged in criminal activities topic to law. eight. The DIGP concerned is directed to prioritize this matter and, after hearing both parties within two weeks, address the alleged police misconduct. In the event the officials are found culpable, departmental proceedings for their punishment must be initiated, and they shall be assigned non-subject duties while in the interim period. Bench: Hon'ble Mr. Justice Adnan-ul-Karim Memon(Writer) Source: Order: Downloads 113 Order Date: 08-APR-25 Approved for Reporting WhatsApp

This Court might interfere where the authority held the proceedings against the delinquent officer in a very way inconsistent with the rules of natural justice or in violation of statutory rules prescribing the mode of inquiry or where the summary or finding reached by the disciplinary authority is based on no evidence. Should the summary or finding is which include no reasonable person would have ever achieved, the Court might interfere with the summary or maybe the finding and mold the relief to really make it correct on the facts of every case. In service jurisprudence, the disciplinary authority will be the sole judge of facts. Where the appeal is presented, the appellate authority has coextensive power to re-appreciate the evidence or the nature of punishment. To the aforesaid proposition, we're fortified from the decision on the Supreme Court in the case of Ghulam Murtaza Shaikh v. Chief Minister Sindh (2024 SCMR 1757). Read more

Whilst there isn't any prohibition against referring to case regulation from a state other than the state in which the case is being heard, it holds minor sway. Still, if there is not any precedent within the home state, relevant case law from another state may very well be regarded with the court.

Law professors traditionally have played a much more compact role in acquiring case regulation in common legislation than professors in civil regulation. Because court decisions in civil regulation traditions are historically brief[four] and not formally amenable to establishing precedent, much from the exposition from the law in civil law traditions is finished by academics instead than by judges; this is called doctrine and may be published in treatises or in journals including Recueil Dalloz in France. Historically, common legislation courts relied very little on legal scholarship; Consequently, for the turn with the twentieth century, it had been quite unusual to discover an educational writer quoted in the legal decision get more info (besides Probably to the educational writings of well known judges including Coke and Blackstone).

S. Supreme Court. Generally speaking, proper case citation contains the names of the parties to the first case, the court in which the case was listened to, the date it was decided, as well as book in which it can be recorded. Different citation requirements could consist of italicized or underlined text, and certain specific abbreviations.

, 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 over the same kind of case.

Summaries offer concise explanations of legal principles and significant cases pertaining to land ownership, real estate transactions, property rights, and related matters, assisting you in understanding the intricacies of land and property legislation.

162 . Const. P. 256/2025 (D.B.) Hafeezullah V/S Govt of Sindh & Others Sindh High Court, Karachi It really is very well-settled that the civil servants must first go after internal appeals within ninety times. In case the appeal will not be decided within that timeframe, he/she will then solution the service tribunal to challenge the original order. Once they are doing so, the Tribunal must decide the appeal on merits and cannot merely direct the department to decide it, because the 90 times for that department to act has already expired. Over the aforesaid proposition, we have been guided with the decision of the Supreme Court inside the case of Dr.

ten. Based over the findings of your inquiry committee, this petition isn't thought of maintainable and is also therefore liable to become dismissed, which is dismissed accordingly with pending application(s) if any. Read more

156 . Const. P. 1015/2021 (D.B.) Muhammad Saleem Jehangir V/S Province of Sindh and Others Sindh High Court, Karachi It's also important to note that neither seniority nor promotion will be the vested right of a civil servant, therefore, neither any seniority nor any promotion could be claimed or granted without the actual duration of service on account of vested rights. The purpose of prescribing a particular length of service for turning into entitled for being considered for promotion to the higher quality, of course, is not really without logic given that the officer that is originally inducted into a particular post needs to provide about the said post to gain experience to hold the next higher post also to serve the public inside a befitting manner.

Therefore, this petition is found for being not maintainable which is dismissed along with the pending application(s), and also the petitioners may possibly seek out remedies through the civil court process as discussed supra. Read more