The Basic Principles Of separate corporate identity pakistan case law
The Basic Principles Of separate corporate identity pakistan case law
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In Dosso's case (1958), the Pakistan Supreme Court used jurist Hans Kelsen's theory that a revolution can be justified when the basic norm underlying a Constitution disappears and also a new system is put in its place.
Matter:-HARASSMENT Hon'ble Mr. Justice Adnan-ul-Karim Memon(Creator) 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 forty six SHC Citation: SHC-252218 Tag:I have read the realized counsel with the parties and perused the record with their assistance. I intentionally not making any detail comments because the issues of your matter between the parties pending adjudication before the concerned court with regard for the interim relief application in terms of Section seven(1) on the Illegal Dispossession Act 2005 handy over possession from the subjected premises on the petitioner; that Illegal Dispossession Case needs to be decided from the competent court after hearing the parties if pending given that the petitioner has already sought a similar prayer inside the Illegal Dispossession case and as far as the restoration of possession of concerned the trial court must see this factor for interim custody of the subject 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 months from the date of receipt of this order.
The ruling with the first court created case legislation that must be accompanied by other courts until or Unless of course either new legislation is created, or possibly a higher court rules differently.
The Supreme Court's explanation from Fida Muhammad v. Government of Khyber Pakhtunkhwa and others (2021 SCMR 1895), Obviously distinguished between up-gradation and promotion. Promotion includes a shift to a higher position with increased responsibilities and rank. Upgradation, about the other hand, provides financial relief by putting an employee in a very higher pay scale, without modifying their career duties or position. It is a mechanism designed to address the stagnation of employees who have remained inside the same pay back scale for an extended time, particularly when they absence prospects for promotion. Upgradation is a policy Resource used to ease the hardship of extended-term stagnation. Read more
Civil Courts keep jurisdiction over title disputes in partition matters. Agreement to sell does not confer title; it involves legal transfer of title. Agreement to sell must be manufactured and properly exhibited in evidence. Declining relief based on an unproduced and un-exhibited sale agreement is legally unsustainable. Read more
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 12 Justice of the Peace u/s 22-A is not obliged to afford an opportunity of hearing into the accused party; nor obliged to essentially or mechanically issue directions for registration of FIR; but is needed to contemplate 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 a number of the relevant factors. Read more
However it is made obvious that police is free to just take action against any person that is indulged in criminal activities matter to regulation. However no harassment shall be caused to the petitioner, if she acts within the bonds of law. Police shall also be certain regard on the family lose in accordance with legislation and when they have reasonable ground to prevent the congnizable offence they can act, so far as raiding the house is concerned the police shall secure concrete evidence and procure necessary permission from the concerned high police official/Magistrate like a issue of security with the house is concerned, which isn't public place under the Act 1977. nine. Considering the aforementioned details, the objective of filing this petition has actually been obtained. Therefore, this petition is hereby disposed of from the terms stated earlier mentioned. Bench: Hon'ble read more Mr. Justice Adnan-ul-Karim Memon(Creator) Source: Order: Downloads 40 Order Date: 08-APR-25 Approved for Reporting WhatsApp
Only the written opinions from the Supreme Court along with the Court of Appeals are routinely available. Decisions from the lower (trial) courts are usually not generally published or dispersed.
This Court may interfere where the authority held the proceedings against the delinquent officer in a fashion inconsistent with the rules of natural justice or in violation of statutory rules prescribing the manner of inquiry or where the summary or finding attained via the disciplinary authority is based on no evidence. Should the summary or finding is for example no reasonable person would have ever attained, the Court may perhaps interfere with the summary or even the finding and mould the relief to make it suitable to your facts of 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. 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). 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
Matter:-DIRECTION Hon'ble Mr. Justice Adnan-ul-Karim Memon(Writer) 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 SHC Citation: SHC-252210 Tag:The legislation enjoins the police for being scrupulously fair into the offender as well as the Magistracy is to ensure 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 regulation and order situation have been the topic of adverse comments from this Court together with from other courts Nevertheless 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 a lot 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 just a crime, his constitutional and fundamental rights must not be violated.
Any court may search for to distinguish the present case from that of the binding precedent, to reach a different conclusion. The validity of this kind of distinction may or may not be accepted on appeal of that judgment to the higher court.
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