The Basic Principles Of separate corporate identity pakistan case law

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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 to get a crime, his constitutional and fundamental rights must not be violated. Read more

Matter:-HARASSMENT Hon'ble Mr. Justice Adnan-ul-Karim Memon(Writer) 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 46 SHC Citation: SHC-252218 Tag:I have read the acquired counsel for that parties and perused the record with their assistance. I intentionally not making any detail comments since the issues in the matter between the parties pending adjudication before the concerned court with regard to your interim relief application in terms of Section seven(one) with the Illegal Dispossession Act 2005 to hand over possession in the subjected premises towards the petitioner; that Illegal Dispossession Case needs to be decided because of the competent court after hearing the parties if pending since the petitioner has already sought a similar prayer while in 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 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.

If the employee fails to serve a grievance notice, the NIRC might dismiss the grievance petition. This is because the employer hasn't experienced a chance to answer the grievance and attempt to resolve it. In some cases, the NIRC could allow the employee to amend the grievance petilion to include the grievance notice. However, this is usually only done if the employee can show that they had a good reason for not serving the grievance notice. Within the present case, the parties were allowed to guide evidence as well as the petitioner company responded for the allegations therefore they were perfectly aware about the allegations and led the evidence as a result this point is ofno use being seemed into in constitutional jurisdiction at this stage. Read more

The Supreme Court's explanation from Fida Muhammad v. Government of Khyber Pakhtunkhwa and others (2021 SCMR 1895), clearly distinguished between up-gradation and promotion. Promotion consists of a move to some higher position with increased responsibilities and rank. Upgradation, to the other hand, provides financial relief by inserting an employee in a higher pay out scale, without transforming their job duties or position. It is a system designed to address the stagnation of employees who have remained within the same pay back scale for a long time, particularly when they deficiency possibilities for promotion. Upgradation is really a policy Resource used to ease the hardship of very long-term stagnation. Read more

These past decisions are called "case law", or precedent. Stare decisis—a Latin phrase meaning "Enable the decision stand"—is definitely the principle by which judges are bound to these past decisions, drawing on proven judicial authority to formulate their positions.

116 . Cr.Misc. 787/2024 (S.B.) Muhammad Anwar V/S S.P Complaint Cell Hyderabad & Others Sindh High Court, Circuit at Hyderabad 2025 SHC HYD twelve Justice of the Peace u/s 22-A is not really obliged to afford a possibility of hearing towards the accused party; nor obliged to necessarily or mechanically issue directions for registration of FIR; but is required to think about all relevant factors, with care and caution; to avoid machinery of criminal law from being misused; frivolous complaints must be discouraged; relationship, enmity, transactions, litigation and other remedies, are a few of the relevant factors. Read more

eleven . Const. P. 1479/2024 (S.B.) Mst. Shir Bano and another V/S Province of Sindh and others Sindh High Court, Karachi Primarily, this is a free and democratic country, and once a person becomes a major she or he can marry whosoever he/she likes; In case the parents from the boy or Female do not approve of these kinds of inter-caste or interreligious marriage the maximum they could do if they will Slice off social relations with the son or maybe the daughter, However they cannot give threats or commit or instigate for acts of violence and cannot harass the person who undergoes this sort of inter-caste or inter-religious marriage. I therefore, direct that the administration/police authorities will see, if any boy or Lady that's major undergoes inter-caste or inter-religious marriage with a woman or person that's a major, the couple is neither harassed by anybody nor subjected to threats or acts of violence and anyone who provides these types of threats or harasses or commits acts of violence both himself or at his instigation, is taken to endeavor by instituting criminal proceedings with the police against this kind of persons and further stern action is taken against these types of person(s) as provided by regulation.

10. Without touching the merits of your case on the issue of once-a-year increases within the pensionary emoluments with the petitioner, in terms of policy decision in the provincial government, this kind of yearly increase, if permissible in the case of employees of KMC, demands further assessment to generally be made with the court of plenary jurisdiction. KMC's reluctance due to funding issues and lack of adoption of provincial increases, creates a factual dispute that cannot be resolved in writ jurisdiction, requiring the petitioner to go after other legal avenues. Read more

Article 199 from the Constitution allows High Court intervention only when "no other satisfactory remedy is provided by law." It's perfectly-settled that an aggrieved person must exhaust obtainable remedies before invoking High Court jurisdiction, regardless of whether Individuals remedies suit them. The doctrine of exhaustion of remedies prevents unnecessary High Court litigation. Read more

Matter:-DIRECTION Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) 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 SHC Citation: SHC-252210 Tag:The law enjoins the police to become scrupulously fair on 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 regulation and order situation have been the topic of adverse comments from this Court together with from other courts Nevertheless 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 lot of this power casts an obligation on the police and it must bear in mind, as held by this Court that if a person is arrested for your crime, his constitutional and fundamental rights must not be violated.

ten. Based about the findings from the inquiry committee, this petition just isn't deemed maintainable and is therefore liable to generally be dismissed, which is dismissed accordingly with pending application(s) if any. Read more

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 listened to 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 into the interim relief application in terms of Section 7(1) from the Illegal Dispossession Act 2005 at hand 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 because the petitioner has already sought a similar prayer within the Illegal Dispossession case and so far as the restoration of possession of concerned the trial court needs to see this component for interim custody of the topic premises If your petitioner was found forcibly evicted from the premises in question if she possessed the valid rent agreement and decision be made within two weeks from the read more date of receipt of this order. Read more

Therefore, this petition is found to be not maintainable and it is dismissed along with the pending application(s), along with the petitioners may possibly request remedies through the civil court process as discussed supra. Read more

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