However, the above mentioned observation is without prejudice towards the legal rights of your parties, arising out in the over marriage in the couple, if any, pending before the competent court of legislation. Read more
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Matter:-HARASSMENT Hon'ble Mr. Justice Adnan-ul-Karim Memon(Writer) 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 often a free and democratic region, and once a person becomes a major he / she can marry whosoever he/she likes; Should the parents from the boy or Lady usually do not approve of this sort of inter-caste or interreligious marriage the utmost they could do if they will Slice off social relations with the son or perhaps the daughter, However they cannot give threats or commit or instigate for acts of violence and cannot harass the person who undergoes this sort of inter-caste or inter-religious marriage. I therefore, direct that the administration/police authorities will see, if any boy or Woman that's major undergoes inter-caste or inter-religious marriage with a woman or person that is a major, the few is neither harassed by any individual nor subjected to threats or acts of violence and anyone who gives these threats or harasses or commits acts of violence possibly himself or at his instigation, is taken to process by instituting criminal proceedings through the police against these kinds of persons and further stern action is taken against this kind of person(s) as provided by legislation.
Persuasive Authority – Prior court rulings that may be consulted in deciding a current case. It could be used to guide the court, but will not be binding precedent.
Unfortunately, that wasn't correct. Just two months after being placed with the Roe family, the Roe’s son told his parents that the boy had molested him. The boy was arrested two days later, and admitted to obtaining sexually molested the pair’s son several times.
Only a few years ago, searching for case precedent was a challenging and time consuming job, demanding folks to search through print copies of case law, or to buy access to commercial online databases. Today, the internet has opened up a host of case regulation search possibilities, and several sources offer free access to case legislation.
All executive and judicial authorities throughout Pakistan are obligated to act in assist on the Supreme Court, guaranteeing the enforcement of its judgments. Since the Supreme Court may be the final arbitrator of all cases where the decision has become attained, the decision from the Supreme Court needs to become taken care of as directed in terms of Article 187(two) of your Constitution. Read more
11 . Const. P. 1479/2024 (S.B.) Mst. Shir Bano and another V/S Province of Sindh and others Sindh High Court, Karachi Primarily, this is usually a free and democratic nation, and once a person becomes a major he / she can marry whosoever he/she likes; In case the parents from the boy or Female usually do not approve of these types of inter-caste or interreligious marriage the utmost they will do if they're able to Slash off social relations with the son or even the daughter, Nevertheless they cannot give threats or commit or instigate for acts of violence and cannot harass the person who undergoes such inter-caste or inter-religious marriage. I therefore, direct that the administration/police authorities will see, if any boy or Woman that's major undergoes inter-caste or inter-religious marriage with a woman or man who's a major, the few is neither harassed by anybody nor subjected to threats or acts of violence and anyone who offers such threats or harasses or commits acts of violence either himself or at his instigation, is taken to undertaking by instituting criminal proceedings from the police against these kinds of persons and further stern action is taken against these types of person(s) as provided by law.
Some bodies are offered statutory powers to issue steerage with persuasive authority or similar statutory effect, such as the Highway Code.
This Court may possibly interfere where the authority held the proceedings against the delinquent officer within a fashion inconsistent with the rules of natural justice or in violation of statutory rules prescribing the manner of inquiry or where the conclusion or finding attained because of the disciplinary authority is based on no evidence. If your summary or finding is for example no reasonable person would have ever attained, the Court may perhaps interfere with the summary or maybe the finding and mold the relief to really make it correct into the facts of each 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-take pleasure in the evidence or maybe the nature of punishment. Around the aforesaid proposition, we have been fortified through the decision from the Supreme Court within 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-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 of the legislation laid down from the Supreme Court while in the case of Haji Muhammad Ismail Memon, PLD 2007 SC 35. Hence, the competent authority from the parent department of the petitioner as well as the Chief Secretary, Sindh, are liable to release the pensionary amount on the petitioner and pay back the pension amount and other ancillary benefits to 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 can be directed to recalculate the pensionary benefits here from the petitioner and increases accrued thereon the withheld pensionary benefits with effect from stopping to date. Read more
Any court may possibly request to distinguish the present case from that of a binding precedent, to succeed in a different conclusion. The validity of this kind of distinction may or may not be accepted on appeal of that judgment into a higher court.
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 can be claimed or granted without the actual size of service on account of vested rights. The purpose of prescribing a particular duration of service for turning into entitled to generally be regarded as for promotion to the higher grade, of course, is not really without logic because the officer that's at first inducted into a particular post needs to provide within the stated post to gain experience to hold the next higher post also to serve the public in the befitting manner.
Therefore, this petition is found being not maintainable and is particularly dismissed along with the pending application(s), and also the petitioners may perhaps seek remedies through the civil court process as discussed supra. Read more