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 law enjoins the police for being scrupulously fair for the offender plus the Magistracy is to be sure 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 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 to the police and it must bear in mind, as held by this Court that if a person is arrested for 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 loads 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 a crime, his constitutional and fundamental rights must not be violated. Read more
14. While in the light with the position explained above, it is actually concluded that a civil servant includes a fundamental right being promoted even after his retirement by awarding proforma promotion; provided, his right of promotion accrued during his service but could not be deemed for no fault of his have and meanwhile he retired on attaining the age of superannuation without any shortcoming on his part about deficiency while in the duration of service or from the form of inquiry and departmental action was so taken against his right of promotion. Bench: Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Creator) Source: Order: Downloads 433 Order Date: 24-JAN-25 Approved for Reporting WhatsApp
Acquittal nullifies prior guilt and fortifies petitioners' eligibility for appointment. No juridical impediment to appointment following acquittal. Equivalence of acquittals under compromise and criminal procedure code, plus the role of "badal-i-sulh" in restorative justice. Distinction between probationary release and acquittal. Probationary release for a legally regarded conviction. Read more
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 duration, both parties have agreed to your disposal of the moment petition about the premise that the DIGP Malir will listen to the petitioner along with private respondents and will choose care of every one of the facets of the case and guarantee that no harassment shall be caused to both the parties.
In order to preserve a uniform enforcement of the laws, the legal system adheres on the doctrine of stare decisis
Inside the United States, men and women are not required to hire an attorney to represent them in both civil or criminal matters. Laypeople navigating the legal system on their have can remember a single rule of thumb when it concerns referring to case legislation or precedent in court documents: be as specific as possible, leading the court, not only for the case, but on the section and paragraph containing the pertinent information.
S. Supreme Court. Generally speaking, proper case citation consists of the names with the parties to the first case, the court in which the case was listened to, the date it was decided, as well as book in which it can be recorded. Different citation requirements may possibly incorporate italicized or underlined text, and certain specific abbreviations.
Case law, also used interchangeably with common regulation, is a regulation that is based on precedents, that is definitely the judicial decisions from previous cases, alternatively than regulation based on constitutions, statutes, or regulations. Case legislation uses the detailed facts of a legal case that have been resolved by courts or similar tribunals.
12. There is not any denial from the fact that in Government service it is anticipated that the persons possessing their character above board, free from any moral stigma, are being inducted. Verification of character and antecedents is a condition precedent for appointment to your Government service. The candidates must have good character and provide two recent character certificates from unrelated individuals. What is discernible from the above is that the only impediment to being appointed to the Government service would be the conviction on an offense involving moral turpitude but involvement, which does not culminate into a proof by conviction, cannot be a way out or guise to complete absent with the candidature in the petitioner. Bench: Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Writer) Source: Order: Downloads 185 Order Date: fifteen-JAN-25 Approved for Reporting WhatsApp
Consequently, this petition is hereby disposed of in the terms stated above. However no harassment shall be caused to possibly party as well as the case shall be decided by the competent court of regulation if pending. Read more
Statutory laws are Those people created by legislative bodies, for example Congress at both the federal and state levels. Whilst this variety of legislation strives to condition our society, giving rules and guidelines, it would be unattainable for virtually any legislative body to anticipate all situations and legal issues.
If that judgment goes to appeal, the appellate court will have the opportunity to review both the precedent and also the case under appeal, Most likely overruling the previous case legislation by setting a new precedent of higher authority. This may well occur several times given that the case works its way through successive appeals. Lord Denning, first on the High Court of Justice, later from the Court of Appeal, provided a famous example of this evolutionary process in his growth of the concept of estoppel starting while in the High Trees case.
Matter:-SERVICE Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Creator) 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's also a effectively-founded proposition of regulation 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 reach a finding of fact or summary. get more info But that finding must be based on some evidence. Neither the technical rules nor proof of a fact or evidence within the Stricto-Sensu, use to disciplinary proceedings. When the authority accepts that evidence and conclusion obtain support therefrom, the disciplinary authority is entitled to hold that the delinquent officer is guilty on 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-recognize the evidence and to reach at its independent findings to the evidence.
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