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 become scrupulously fair to the offender and the Magistracy is to be certain 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 law and order situation have been the subject of adverse comments from this Court together with from other courts However 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 good amount of this power casts an obligation around the police and it must bear in mind, as held by this Court that if a person is arrested to get a crime, his constitutional and fundamental rights must not be violated.
Article 199 of the Constitution allows High Court intervention only when "no other sufficient remedy is provided by law." It truly is nicely-settled that an aggrieved person must exhaust offered remedies before invoking High Court jurisdiction, regardless of whether those remedies suit them. The doctrine of exhaustion of remedies prevents unnecessary High Court litigation. Read more
Given that the Supreme Court will be the final arbitrator of all cases where the decision has become reached, therefore the decision from the Supreme Court needs to become taken care of as directed in terms of Article 187(two) with the Constitution. ten. We must dismiss these petitions because the Supreme Court has already ruled on this. Read more
Persuasive Authority – Prior court rulings that may very well be consulted in deciding a current case. It may be used to guide the court, but will not be binding precedent.
13 . Const. P. 209/2025 (S.B.) Saifullah Jamali (Disable) V/S Province of Sindh and others Sindh High Court, Karachi After arguing the matter at some length, both parties have agreed towards the disposal of the moment petition over the premise that the DIGP Malir will hear the petitioner in addition to private respondents and will get care of each of the elements of the case and make sure that no harassment shall be caused to both the parties.
Civil Courts retain 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 developed and properly exhibited in evidence. Declining relief based on an unproduced and un-exhibited sale agreement is legally unsustainable. Read more
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 in a criminal case following a conviction, in NAB Reference No. twenty/2011, this does not automatically bring on exoneration from departmental charges based over the same factual grounds. Whilst a writ under Article 199 is accessible in specific limited situations, it's generally not the suitable remedy to contest a dismissal from service based on these charges, particularly when the employee was afforded a full opportunity to cross-study witnesses and present his/her defense but did not convince the department of his/her innocence.
The court system is then tasked with interpreting the law when it is unclear the way it applies to any provided situation, frequently rendering judgments based on the intent of lawmakers and the circumstances in the case at hand. This sort of decisions become a guide for long term similar cases.
Summaries offer concise insights into the legal principles governing agreements between parties, such as the formation, interpretation, and enforceability of contracts, offering a useful resource for understanding contractual rights and obligations.
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 Referring to the second issue of non-service of grievance notice. Under Section 33 of the Industrial Relations Ac1,2012 (lRA 2012), ifa grievance notice is not served, the grievance petition might be dismissed. This is because service on the grievance notice is usually a mandatory necessity in addition to a precondition for filing a grievance petition. The legislation necessitates that a grievance notice be served to the employer before filing a grievance petition. This allows the employer to answer the grievance and attempt to resolve it amicably. In case 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.
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 different pronouncemnts, that if a person is arrested for your crime, his constitutional and fundamental rights must not be violated. Primarily, the Police Officers are necessary to protect rather than abduct. Read more
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Because of their position between The 2 main systems of legislation, these types of legal systems are sometimes referred to as combined systems of regulation.
Free database for searching federal court dockets read more and documents pulled from PACER. Coverage is not really thorough, but this is a superb starting point. See Background section at bottom of RECAP website for more information.