partial plaint cannot be rejected case law pakistan - An Overview

nine . Const. P. 255/2025 (S.B.) Zubaida W/O Muhammad Irfan V/S Inspector General of Police (IGP) Sindh and others Sindh High Court, Karachi The law enjoins the police to get scrupulously fair for the offender as well as the Magistracy is to make sure a fair investigation and fair trial for an offender. Unfortunately, these objectives have remained unfulfilled. Aberrations of police officers and police excesses in dealing with the law and order situation have been the subject of adverse comments from this Court as well as from other courts but they have did not have any corrective effect on it. The police has the power to arrest a person even without obtaining a warrant of arrest from a court. The plenty 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 your crime, his constitutional and fundamental rights must not be violated.

Article 199 of your Constitution allows High Court intervention only when "no other suitable remedy is provided by law." It can be well-settled that an aggrieved person must exhaust obtainable remedies before invoking High Court jurisdiction, regardless of whether People remedies suit them. The doctrine of exhaustion of remedies prevents unnecessary High Court litigation. Read more

In the event the DIGP finds evidence of a cognizable offense by possibly party, he shall direct the relevant SHO to record statements and commence according towards the law. This petition stands disposed of in the above terms. Read more

We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site, or even the information linked to over the state site. Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before depending on it for legal research purposes.

For that reason, the petition and any related applications are dismissed. The Petitioner needs to pursue his remedy through an appeal before the competent authority. If this sort of an appeal has not but been decided, it should be addressed. Following that decision, the Petitioner may well then look for further recourse before the Service Tribunal. Read more

a hundred forty five . Const. P. 3670/2023 (D.B.) Rehan Pervez V/S Fed. of Pakistan and Others Sindh High Court, Karachi First and foremost, we would address the issue of maintainability of the instant Petition under Article 199 of your 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 while in the FIR lodged by FIA and during the intervening period the respondent dismissed him from service where after he preferred petition No.

When the state court hearing the case reviews the regulation, he finds that, when it mentions large multi-tenant properties in a few context, it is actually actually fairly obscure about whether the 90-working day provision relates to all landlords. The judge, based about the specific circumstances of Stacy’s case, decides that all landlords are held on the ninety-working day notice prerequisite, and rules in Stacy’s favor.

eleven . Const. P. 1479/2024 (S.B.) Mst. Shir Bano and another V/S Province of Sindh and others Sindh High Court, Karachi Primarily, this can be a free and democratic nation, and once a person becomes a major he or she can marry whosoever he/she likes; If your parents on the boy or girl will not approve of these kinds of inter-caste or interreligious marriage the utmost they could do if they will Reduce off social relations with the son or maybe the daughter, Nonetheless they cannot give threats or commit or instigate for acts of violence and cannot harass the person who undergoes this kind of inter-caste or inter-religious marriage. I therefore, direct that the administration/police authorities will see, if any boy or girl who is major undergoes inter-caste or inter-religious marriage with a woman or guy that is a major, the few is neither harassed by any person nor subjected to threats or acts of violence and anybody who provides this kind of threats or harasses or commits acts of violence either himself or at his instigation, is taken to job by instituting criminal proceedings from the police against such persons and further stern action is taken against these person(s) as provided by law.

Summaries offer concise insights into the legal principles governing agreements between parties, including the formation, interpretation, and enforceability of contracts, supplying a useful resource for understanding contractual rights and obligations.

139 . Const. P. 288/2024 (D.B.) Engro Fertilizers Limited through Asad Shakil Khan V/S Full Bench of NIRC & others Sindh High Court, Bench at Sukkur Touching on the second issue of non-service of grievance notice. Under Section 33 from the Industrial Relations Ac1,2012 (lRA 2012), ifa grievance notice is not served, the grievance petition could be dismissed. This is because service of your grievance notice is a mandatory necessity plus a precondition for filing a grievance petition. The regulation necessitates that a grievance notice be served to the employer before filing a grievance petition. This allows the employer to reply to the grievance and attempt to resolve it amicably. Should the employer fails to respond or resolve the grievance, the employee can then file a grievance petition with the National Industrial Relations Commission CNIRC) In case the organization is transprovincial.

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 on the regulation laid down because of the Supreme Court while in the case of Haji Muhammad Ismail Memon, PLD 2007 SC 35. As a result, the competent authority of your parent department of the petitioner as well as Chief Secretary, Sindh, are liable to release the pensionary amount on the petitioner and pay the pension amount and other ancillary benefits to the petitioner to which he is entitled under the law within two months from the date of receipt of this order. The competent authority of your respondent is additionally directed to recalculate the pensionary benefits of the petitioner and increases accrued thereon the withheld pensionary benefits with effect from stopping to date. Read more

In 1997, the boy was placed into the home of John and Jane Roe to be a foster child. Even though the pair experienced get more info two youthful children of their have at home, the social worker didn't explain to them about the boy’s history of both being abused, and abusing other children. When she made her report on the court the following day, the worker reported the boy’s placement while in the Roe’s home, but didn’t mention that the few had young children.

Since the Supreme Court is the final arbitrator of all cases where the decision has actually been achieved, therefore the decision from the Supreme Court needs for being taken care of as directed in terms of Article 187(two) on the Constitution. ten. We must dismiss these petitions because the Supreme Court has already ruled on this. Read more

refers to regulation that comes from decisions made by judges in previous cases. Case legislation, also known as “common regulation,” and “case precedent,” provides a common contextual background for certain legal concepts, and how They can be applied in certain types of case.

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