The Basic Principles Of separate corporate identity pakistan case law
The Basic Principles Of separate corporate identity pakistan case law
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These provisions use to cases where evidence was recorded after the QSO's enforcement, whether or not the transaction occurred previous to its promulgation. Read more
Some pluralist systems, which include Scots law in Scotland and types of civil law jurisdictions in Quebec and Louisiana, don't specifically healthy into the dual common-civil regulation system classifications. These types of systems may have been heavily influenced from the Anglo-American common regulation tradition; however, their substantive regulation is firmly rooted from the civil law tradition.
Matter:-HARASSMENT Hon'ble Mr. Justice Adnan-ul-Karim Memon(Writer) 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 listened to the learned 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 on the interim relief application in terms of Section 7(one) in the Illegal Dispossession Act 2005 handy over possession in the subjected premises to the petitioner; that Illegal Dispossession Case needs to be decided with the competent court after hearing the parties if pending as the petitioner has already sought a similar prayer from the Illegal Dispossession case and so far as the restoration of possession of concerned the trial court should 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 months from the date of receipt of this order.
Sign up for E-mail Notification of recent opinions The cases listed beneath have had opinions filed for them within the final fourteen times. The following information is obtainable for Every case: Information Sheet - Click a case number to view case details, such as signing JusticesJudges and participating attorneys.
This Court may well interfere where the authority held the proceedings against the delinquent officer inside a way inconsistent with the rules of natural justice or in violation of statutory rules prescribing the method of inquiry or where the summary or finding achieved through the disciplinary authority is based on no evidence. Should the conclusion or finding is like no reasonable person would have ever attained, the Court may possibly interfere with the summary or perhaps the finding and mildew the relief to make it correct to the facts of each case. In service jurisprudence, the disciplinary authority is the sole judge of facts. Where the appeal is presented, the appellate authority has coextensive power to re-appreciate the evidence or the nature of punishment. On the aforesaid proposition, we are fortified via the decision of your Supreme Court in the case of Ghulam Murtaza Shaikh v. Chief Minister Sindh (2024 SCMR 1757). Read more
one 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 moment Petition under Article 199 of your Constitution based to the doctrine of laches as this petition was filed in 2016, whereas the alleged cause of action accrued for the petitioner in 1992. The petitioner asserts that he pursued his legal remedy just after involvement during the FIR lodged by FIA and from the intervening period the respondent dismissed him from service where after he preferred petition No.
27 . Const. P. 4002/2011 (D.B.) Ibrahim Noor V/S Pakistan International Airlines Corporation & Ors. Sindh High Court, Karachi Even, if a petitioner was acquitted inside a criminal case following a conviction, in NAB Reference No. 20/2011, this does not automatically result in exoneration from departmental charges based on the same factual grounds. While a writ under Article 199 is accessible in specific limited situations, it is generally not the suitable remedy to contest a dismissal from service based on these charges, particularly when the employee was afforded a full chance to cross-analyze witnesses and present his/her defense but did not encourage the department of his/her innocence.
168 . H.C.A 203/2016 (D.B.) Saleh Muhammad V/S Faqir Muhammad & others Sindh High Court, Karachi Subject: Appeal At times it's easy for just a Judge to dismiss the suit for non-prosecution, however, a Judge is under the obligation to generate an attempt to eliminate a case on merit and more importantly when after recording of evidence it's achieved to some stage of final arguments, endeavors should be made for merit disposal when it's attained these stage. Read more
Only the written opinions in the Supreme Court plus the Court of Appeals are routinely obtainable. Decisions in the reduce (trial) courts are usually not generally published or distributed.
This Court may 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 summary or finding attained by the disciplinary authority is based on no evidence. When the summary or finding is such as no reasonable person would have ever attained, the Court may perhaps interfere with the conclusion or even the finding and mould the relief to really make it ideal towards 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. Around the aforesaid proposition, we have been fortified because of the decision with the Supreme Court from 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(Writer) Source: Order: Downloads 337 Order Date: 24-JAN-25 Approved for Reporting WhatsApp
The police have the power to arrest a person even without obtaining a warrant of arrest from a Court for cognizable offenses. The existence of this power casts an obligation on the police, they usually must bear in mind, as held by this Court from time to time in its many pronouncemnts, that if a person is arrested for any crime, his constitutional and fundamental rights must not be violated. Primarily, the Police Officers are needed to protect and not abduct. Read more
In 1997, the boy was placed into the home of John and Jane Roe as a foster child. Although the pair had two young children of their possess at home, the social worker didn't tell them about the boy’s history of both being abused, and abusing other children. When she made her report on the court the following working day, the worker reported the boy’s placement inside the Roe’s home, but didn’t mention that the few had younger children.
17 . 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 forty six I have read the realized counsel for the parties and perused the record with their assistance. I intentionally not making any detail comments as the issues of the matter between the parties pending adjudication before the concerned court with regard to your interim relief application in terms of Section seven(one) of your Illegal Dispossession Act 2005 at hand over possession in the subjected premises to the petitioner; that Illegal Dispossession Case needs to generally be 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 needs to see this factor for interim custody of the subject premises When 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 on the main case, it is also a effectively-proven 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 summary. But that finding must be based on some evidence. Neither the technical rules nor proof of a fact or evidence during the Stricto-Sensu, use to disciplinary proceedings. When the authority accepts that evidence and conclusion obtain support therefrom, the disciplinary authority is entitled to website hold that the delinquent officer is guilty of your charge, however, that is topic on the procedure provided under the relevant rules instead of otherwise, for your 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 about the evidence.