The Basic Principles Of separate corporate identity pakistan case law
The Basic Principles Of separate corporate identity pakistan case law
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9 . 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 legislation enjoins the police to generally be scrupulously fair to your offender plus 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 along with from other courts However they have failed to 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 loads 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.
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 to 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. Read more
10 . Const. P. 235/2025 (S.B.) Atif S/o Latif V/S Province of Sindh and others Sindh High Court, Karachi The regulation enjoins the police to become scrupulously fair for the offender plus 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 legislation and order situation have been the topic of adverse comments from this Court and from other courts but they have didn't 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.
Usually, the burden rests with litigants to appeal rulings (which includes People in obvious violation of established case law) towards the higher courts. If a judge acts against precedent, and also the case is not appealed, the decision will stand.
The Supreme Court's explanation from Fida Muhammad v. Government of Khyber Pakhtunkhwa and others (2021 SCMR 1895), Plainly distinguished between up-gradation and promotion. Promotion consists of a transfer into a higher position with increased responsibilities and rank. Upgradation, over the other hand, gives financial relief by positioning an employee inside a higher pay out scale, without changing their work duties or position. It is a system designed to address the stagnation of employees who have remained while in the same pay out scale for a long time, particularly when they deficiency opportunities for promotion. Upgradation is really a policy tool used to reduce the hardship of prolonged-term stagnation. Read more
Civil Courts keep jurisdiction over title disputes in partition matters. Agreement to sell does not confer title; it calls for 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
All executive and judicial authorities throughout Pakistan are obligated to act in support of your Supreme Court, guaranteeing the enforcement of its judgments. Given that the Supreme Court would be the final arbitrator of all cases where the decision has long been reached, the decision on the Supreme Court needs for being taken care of as directed in terms of Article 187(2) in the Constitution. Read more
Because of this, basically citing the case is more prone to annoy a judge than help the party’s case. Consider it as calling somebody to tell them you’ve found their shed phone, then telling them you live in these-and-these kinds of neighborhood, without actually supplying them an address. Driving round the community endeavoring to find their phone is probably going for being more frustrating than it’s well worth.
163 . Const. P. 4965/2023 (D.B.) Saleem Khan V/S Province of Sindh & Others Sindh High Court, Karachi It is actually perfectly-settled that when taking into consideration the case of regular promotion of civil servants, the competent authority has got to consider the advantage of each of the eligible candidates and after thanks deliberations, to grant promotion to these kinds of suitable candidates who are found being most meritorious among them. Considering that the petitioner was held to get senior to his colleagues who were promoted in BS-19, the petitioner was disregarded via the respondent department just to extend favor on the blue-eyed candidate based on OPS, which is apathy within the part on the respondent department.
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162 . Const. P. 256/2025 (D.B.) Hafeezullah V/S Govt of Sindh & Others Sindh High Court, Karachi It is actually well-settled that the civil servants must first go after internal appeals within 90 days. In case the appeal isn't decided within that timeframe, he/she can then strategy the service tribunal to challenge the first order. Once they are doing so, the Tribunal must decide the appeal on merits and cannot merely direct the department to decide it, because the 90 times with the department to act has already expired. Within the aforesaid proposition, we are guided by the decision of the Supreme Court while in the case of Dr.
ten. Based over the findings in the inquiry committee, this petition just isn't viewed as maintainable and is therefore liable to get dismissed, which is dismissed accordingly with pending application(s) if any. Read more
171 . Const. P. 1832/2019 (D.B.) Muhammad Fakhar ul Hasnain V/S Province of Sindh & Others Sindh High Court, Karachi It can be perfectly established now that the provision for proforma promotion is not alien or unfamiliar towards the civil servant service construction but it is already embedded in Fundamental Rule seventeen, wherein it is actually lucidly enumerated that the appointing authority may if satisfied that a civil servant who was entitled to generally be promoted from a particular date was, for no fault of his individual, wrongfully prevented from more info rendering service into the Federation/ province during the higher post, direct that such civil servant shall be paid the arrears of pay and allowances of this kind of higher post through proforma promotion or upgradation arising from the antedated fixation of his/her seniority. Read more
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