case law for vcsst - An Overview

case law for vcsst - An Overview

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Since the Supreme Court is definitely the final arbitrator of all cases where the decision has been achieved, therefore the decision in the Supreme Court needs being taken care of as directed in terms of Article 187(2) from the Constitution. ten. We must dismiss these petitions because the Supreme Court has already ruled on this. 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 can be a free and democratic country, and once a person becomes a major he or she can marry whosoever he/she likes; If your parents in the boy or Female tend not to approve of these kinds of inter-caste or interreligious marriage the most they're able to do if they will Lower off social relations with the son or perhaps 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 that is major undergoes inter-caste or inter-religious marriage with a woman or man that is a major, the couple is neither harassed by any one nor subjected to threats or acts of violence and anyone who presents these kinds of threats or harasses or commits acts of violence possibly himself or at his instigation, is taken to process by instituting criminal proceedings with the police against this sort of persons and further stern action is taken against these person(s) as provided by regulation.

Persuasive Authority – Prior court rulings that may very well be consulted in deciding a current case. It might be used to guide the court, but isn't binding precedent.

Consequently, the petition and any related applications are dismissed. The Petitioner has got to go after his remedy through an appeal before the competent authority. If this sort of an appeal hasn't but been decided, it should be addressed. Following that decision, the Petitioner might then search 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 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 on the petitioner in 1992. The petitioner asserts that he pursued his legal remedy just after involvement in the FIR lodged by FIA and while in the intervening period the respondent dismissed him from service where after he preferred petition No.

When the state court hearing the case reviews the legislation, he finds that, even though it mentions large multi-tenant properties in certain context, it is actually rather vague about whether the 90-day provision applies to all landlords. The judge, based to the specific circumstances of Stacy’s case, decides that all landlords are held into the ninety-working day notice requirement, and rules in Stacy’s favor.

168 . H.C.A 203/2016 (D.B.) Saleh Muhammad V/S Faqir Muhammad & others Sindh High Court, Karachi Subject: Appeal At times it is easy for any Judge to dismiss the suit for non-prosecution, however, a Judge is under the obligation to create an attempt to get rid of a case on advantage and more importantly when after recording of evidence it's attained into a stage of final arguments, endeavors should be made for merit disposal when it's got achieved these stage. Read more

Some bodies are specified statutory powers to issue steering with persuasive authority or similar statutory effect, including the Highway Code.

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 in the Industrial Relations Ac1,2012 (lRA 2012), ifa grievance notice is not really served, the grievance petition may be dismissed. This is because service in the grievance notice is really a mandatory necessity plus a precondition for filing a grievance petition. The regulation demands that a grievance notice be served to the employer before filing a grievance petition. This allows the employer to respond to the grievance and attempt to resolve it amicably. In the event the employer fails to reply or resolve the grievance, the employee can then file a grievance petition with the National Industrial Relations Commission CNIRC) In the event 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 legislation laid down with the Supreme Court in the case of Haji Muhammad Ismail Memon, PLD 2007 SC 35. Therefore, the competent authority on the parent department on the petitioner along with the Chief Secretary, Sindh, are liable to release the pensionary amount in the petitioner and pay the pension amount and other ancillary benefits for the petitioner to which he is entitled under the legislation within two months from the date of receipt of this order. The competent authority from the respondent is usually directed to recalculate the pensionary benefits of the petitioner and get more info increases accrued thereon the withheld pensionary benefits with effect from stopping to date. Read more

Statutory laws are People created by legislative bodies, such as Congress at both the federal and state levels. Although this kind of law strives to form our society, providing rules and guidelines, it would be impossible for almost any legislative body to anticipate all situations and legal issues.

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 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 of your matter between the parties pending adjudication before the concerned court with regard to your interim relief application in terms of Section seven(one) on the Illegal Dispossession Act 2005 to hand over possession of your subjected premises on the petitioner; that Illegal Dispossession Case needs to get decided from the competent court after hearing the parties if pending as the petitioner has already sought a similar prayer during 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 subject premises Should 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(Writer) 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 to your main case, it is also a nicely-proven proposition of legislation 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 succeed in a finding of fact or summary. But that finding must be based on some evidence. Neither the technical rules nor proof of the fact or evidence during the Stricto-Sensu, use 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 with the charge, however, that is matter to your procedure provided under the relevant rules rather than otherwise, with 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.