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Matter:-HARASSMENT Hon'ble Mr. Justice Adnan-ul-Karim Memon(Creator) Const. P. 5/2024 (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 heard the uncovered counsel for your 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 towards the interim relief application in terms of Section seven(1) with the Illegal Dispossession Act 2005 handy over possession from the subjected premises for the petitioner; that Illegal Dispossession Case needs to generally be decided from the competent court after hearing the parties if pending since the petitioner has already sought a similar prayer in the Illegal Dispossession case and as far as the restoration of possession of concerned the trial court has to see this facet for interim custody of the topic premises In the event 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.
This ruling has conditions, and Considering that the petitioners unsuccessful a qualifying Test, they cannot claim equity or this Court's jurisdiction based on the Niazi case analogy. 9. In view of the above mentioned facts and circumstances from the case, petitioners have not demonstrated a case for this court's intervention under Article 199 of the Constitution. Read more
As a result, the petition and any related applications are dismissed. The Petitioner should go after his remedy through an appeal before the competent authority. If these types of an appeal hasn't however been decided, it should be addressed. Following that decision, the Petitioner may well then seek further recourse before the Service Tribunal. Read more
However it's made distinct that police is free to acquire action against any person who's indulged in criminal activities issue to get more info regulation. However no harassment shall be caused towards the petitioner, if she acts within the bonds of legislation. Police shall also ensure respect on the family drop in accordance with regulation and if they have reasonable ground to prevent the congnizable offence they're able to act, so far as raiding the house is concerned the police shall safe concrete evidence and obtain necessary permission from the concerned high police official/Magistrate like a issue of security of your house is concerned, which will not be public place under the Act 1977. 9. Taking into consideration the aforementioned details, the objective of filing this petition has long been accomplished. For that reason, this petition is hereby disposed of during the terms stated above. Read more
The Roes accompanied the boy to his therapy sessions. When they were instructed from the boy’s past, they questioned if their children were Risk-free with him in their home. The therapist assured them that they'd absolutely nothing to fret about.
The law as founded in previous court rulings; like common legislation, which springs from judicial decisions and tradition.
Case law, also used interchangeably with common law, is really a law that is based on precedents, that is the judicial decisions from previous cases, alternatively than regulation based on constitutions, statutes, or regulations. Case regulation uses the detailed facts of the legal case that have been resolved by courts or similar tribunals.
Article 199 of the Constitution allows High Court intervention only when "no other adequate remedy is provided by law." It can be nicely-settled that an aggrieved person must exhaust readily available remedies before invoking High Court jurisdiction, regardless of whether These remedies suit them. The doctrine of exhaustion of remedies prevents unnecessary High Court litigation. Read more
Under Article 199, the court possesses the authority to review government policies for reasonableness if applicable in respondent university and to safeguard aggrieved parties' rights. For that reason, this petition is admissible based on set up court precedents, as well as respondents' objections are overruled. Read more
Any court may possibly seek to distinguish the present case from that of a binding precedent, to succeed in a different conclusion. The validity of this kind of distinction may or may not be accepted on appeal of that judgment to the higher court.
Usually, only an appeal accepted via the court of past vacation resort will resolve this kind of differences and, for many reasons, these kinds of appeals are frequently not granted.
Therefore, this petition is found being not maintainable and is particularly dismissed along with the pending application(s), and also the petitioners might find remedies through the civil court process as discussed supra. Read more