Examine This Report on breach of condition case law pdf
Examine This Report on breach of condition case law pdf
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Case regulation is specific for the jurisdiction in which it was rendered. As an illustration, a ruling inside a California appellate court would not normally be used in deciding a case in Oklahoma.
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 46 SHC Citation: SHC-252218 Tag:I have read the realized counsel for the parties and perused the record with their assistance. I intentionally not making any detail comments as being the issues from the matter between the parties pending adjudication before the concerned court with regard to your interim relief application in terms of Section 7(one) with the Illegal Dispossession Act 2005 to hand over possession of your subjected premises for the petitioner; that Illegal Dispossession Case needs to become decided through the competent court after hearing the parties if pending as being the petitioner has already sought a similar prayer while in the Illegal Dispossession case and as far as the restoration of possession of concerned the trial court should see this element 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.
Persuasive Authority – Prior court rulings that could be consulted in deciding a current case. It may be used to guide the court, but is not really binding precedent.
This Court may well interfere where the authority held the proceedings against the delinquent officer in a very 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 reached via the disciplinary authority is based on no evidence. Should the summary or finding is for instance no reasonable person would have ever arrived at, the Court may perhaps interfere with the summary or perhaps the finding and mildew the relief to make it proper for 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-take pleasure in the evidence or perhaps the nature of punishment. About the aforesaid proposition, we're fortified from the decision in the Supreme Court while in the case of Ghulam Murtaza Shaikh v. Chief Minister Sindh (2024 SCMR 1757). Read more
Only a few years ago, searching for case precedent was a tough and time consuming job, necessitating folks to search through print copies of case law, or to pay for access to commercial online databases. Today, the internet has opened up a host of case regulation search alternatives, and several sources offer free access to case legislation.
Summaries offer a concise insight into the realm of dispute resolution outside traditional court proceedings. In Pakistan, arbitration serves as an important alternative for resolving commercial conflicts quickly and successfully.
The regulation as set up in previous court rulings; like common regulation, which springs from judicial decisions and tradition.
161 . Const. P. 642/2023 (D.B.) Fatima Noor V/S Dow University of Health Science and Others Sindh High Court, Karachi Coming to the main case, Additionally it is a properly-established proposition of regulation that when an inquiry is conducted on charges of misconduct by a public servant, the Court is concerned with determining whether the inquiry was held by a competent officer or whether rules of natural justice are complied with. Whether the findings or conclusions are based on some evidence, the authority entrusted with the power to hold inquiry has jurisdiction, power, and authority to reach a finding of fact or conclusion. But that finding must be based on some evidence. Neither the technical rules nor proof of a fact or evidence in the Stricto-Sensu, utilize to disciplinary proceedings. When the authority accepts that evidence and summary get support therefrom, the disciplinary authority is entitled to hold that the delinquent officer is guilty of your charge, however, that is topic into the procedure provided under the relevant rules and never otherwise, for the reason that the Court in its power of judicial review does not act as appellate authority to re-recognize the evidence and to arrive at its independent findings on the evidence.
Matter:-PROTECTION Hon'ble Mr. Justice Adnan-ul-Karim Memon(Writer) Const. P. 114/2025 (S.B.) Mst. Zoya and another V/S The Province of Sindh and others Sindh High Court, Karachi SHC Citation: SHC-251830 Tag:Additionally, the main objectives on the police would be to apprehend offenders, investigate crimes, and prosecute them before the Courts, click here also to prevent the commission of crime, and previously mentioned all, guarantee legislation and order to protect citizens' lives and property. The law enjoins the police to be scrupulously fair on the offender along with the Magistracy is to ensure a fair investigation and fair trial for an offender. Unfortunately, these objectives have remained unfulfilled. Deviations of police officers and police excesses in dealing with the regulation and order situation have been the topic of adverse comments from this Court and also from other Courts, Nonetheless they have failed to have any corrective effect on it.
Federalism also plays a major role in determining the authority of case regulation in a very particular court. Indeed, Just about every circuit has its personal list of binding case law. Subsequently, a judgment rendered from the Ninth Circuit will not be binding within the Second Circuit but will have persuasive authority.
ten. Based within the findings of your inquiry committee, this petition just isn't considered maintainable and is particularly therefore liable being dismissed, which is dismissed accordingly with pending application(s) if any. Read more
seventeen . 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 2025 SHC KHI 46 I have heard the learned counsel for the parties and perused the record with their assistance. I intentionally not making any detail comments as the issues in the matter between the parties pending adjudication before the concerned court with regard on the interim relief application in terms of Section seven(1) on the Illegal Dispossession Act 2005 at hand over possession from the subjected premises to your petitioner; that Illegal Dispossession Case needs being decided because of the competent court after hearing the parties if pending as being the petitioner has already sought a similar prayer while in the Illegal Dispossession case and so far as the restoration of possession of concerned the trial court must see this aspect for interim custody of the topic premises if 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. Read more
Matter:-SERVICE Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) Const. P. 642/2023 (D.B.) Fatima Noor V/S Dow University of Health Science and Others Sindh High Court, Karachi SHC Citation: SHC-225471 Tag:Coming for the main case, It is additionally a perfectly-established proposition of law that when an inquiry is conducted on charges of misconduct by a public servant, the Court is concerned with determining whether the inquiry was held by a competent officer or whether rules of natural justice are complied with. Whether the findings or conclusions are based on some evidence, the authority entrusted with the power to hold inquiry has jurisdiction, power, and authority to achieve a finding of fact or conclusion. But that finding must be based on some evidence. Neither the technical rules nor proof of a fact or evidence while in the Stricto-Sensu, utilize to disciplinary proceedings. When the authority accepts that evidence and summary acquire support therefrom, the disciplinary authority is entitled to hold that the delinquent officer is guilty of the charge, however, that is subject towards the procedure provided under the relevant rules and never otherwise, to the reason that the Court in its power of judicial review does not work as appellate authority to re-take pleasure in the evidence and to reach at its independent findings about the evidence.