Examine This Report on breach of condition case law pdf

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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 forty six SHC Citation: SHC-252218 Tag:I have read the uncovered counsel for that parties and perused the record with their assistance. I intentionally not making any detail comments given that the issues from the matter between the parties pending adjudication before the concerned court with regard for the interim relief application in terms of Section 7(1) in the Illegal Dispossession Act 2005 handy over possession of your subjected premises for the petitioner; that Illegal Dispossession Case needs to become decided with the competent court after hearing the parties if pending given that the petitioner has already sought a similar prayer during the Illegal Dispossession case and as far as the restoration of possession of concerned the trial court must see this aspect for interim custody of the topic premises In case 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 loads of this power casts an obligation around the police and it must bear in mind, as held by this Court that if a person is arrested for any crime, his constitutional and fundamental rights must not be violated. However it's made very clear that police is free to just take action against any person that's indulged in criminal activities subject to legislation. eight. The DIGP concerned is directed to prioritize this matter and, after hearing both parties within two weeks, address the alleged police misconduct. In case the officials are found culpable, departmental proceedings for their punishment must be initiated, and they shall be assigned non-discipline duties inside the interim period. Bench: Hon'ble Mr. Justice Adnan-ul-Karim Memon(Writer) Source: Order: Downloads 113 Order Date: 08-APR-twenty five Approved for Reporting WhatsApp

13. The Supreme Court has held that as soon as the act of misconduct is founded plus the employee is found guilty after due process of regulation, it's the prerogative of the employer to decide the quantum of punishment, away from the assorted penalties provided in law. The casual or unpremeditated observation that the penalty imposed is not really proportionate with the seriousness of your act of misconduct is just not ample however the order must show that the competent authority has applied its mind and exercised the discretion in a structured and lawful way. Read more

Generally speaking, higher courts never have direct oversight over the lower courts of record, in that they cannot reach out on their initiative (sua sponte) at any time to overrule judgments of the lower courts.

Law professors traditionally have played a much more compact role in creating case law in common regulation than professors in civil regulation. Because court decisions in civil regulation traditions are historically brief[4] and never formally amenable to establishing precedent, much of the exposition of the legislation in civil law traditions is finished by lecturers instead than by judges; this is called doctrine and could be published in treatises or in journals for example Recueil Dalloz in France. Historically, common law courts relied very little on legal scholarship; Therefore, in the turn with the twentieth century, it absolutely was quite rare to check out an educational writer quoted within a legal decision (except Most likely for the tutorial writings of distinguished judges which include Coke and Blackstone).

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 can be practical for the Judge to dismiss the suit for non-prosecution, however, a Judge is under the obligation to make an attempt to eliminate a case on merit and more importantly when after recording of evidence it's got arrived at into a stage of final arguments, endeavors should be made for merit disposal when it's got achieved this kind of stage. Read more

Only the written opinions from the Supreme Court and also the Court of Appeals are routinely accessible. Decisions from the lower (trial) courts usually are not generally published or dispersed.

This Court could interfere where the authority held the proceedings against the delinquent officer inside of a manner inconsistent with the rules of natural justice or in violation of statutory rules prescribing the mode of inquiry or where the conclusion or finding achieved from the disciplinary authority is based on no evidence. If the conclusion or finding is such as no reasonable person would have ever reached, the Court may interfere with the summary or even the finding and mold the relief to make it suitable to your facts of each and every case. In service jurisprudence, the disciplinary authority is definitely the sole judge of facts. Where the appeal is presented, the appellate authority has coextensive power to re-respect the evidence or perhaps the nature of punishment. Around the aforesaid proposition, we have been fortified through the decision in the Supreme Court in the case of Ghulam Murtaza Shaikh v. Chief Minister Sindh (2024 SCMR 1757). Bench: Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Creator) Source: Order: Downloads 337 Order Date: 24-JAN-twenty five 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 regulation laid down via the Supreme Court in the case of Haji Muhammad Ismail Memon, PLD 2007 SC 35. Consequently, the competent authority of your parent department with the petitioner and the Chief Secretary, Sindh, are liable to release the pensionary amount on the petitioner and pay out the pension amount check here and other ancillary benefits for the petitioner to which he is entitled under the law within two months from the date of receipt of this order. The competent authority from the respondent is additionally 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

Summaries of cases that shape the lives of younger individuals, making sure a deeper understanding of justice within the juvenile system. Knowledge that matters, crafted for legal professionals and enthusiasts alike.

156 . Const. P. 1015/2021 (D.B.) Muhammad Saleem Jehangir V/S Province of Sindh and Others Sindh High Court, Karachi It is also important to note that neither seniority nor promotion could be the vested right of a 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 turning out to be entitled to be regarded as for promotion to some higher grade, of course, isn't without logic because the officer who is at first inducted to the particular post needs to provide on the explained post to gain experience to hold the next higher post also to provide the public inside of a befitting way.

Rulings by courts of “lateral jurisdiction” are certainly not binding, but could be used as persuasive authority, which is to present substance to the party’s argument, or to guide the present court.