case law air 1964 ker 277 - An Overview
case law air 1964 ker 277 - An Overview
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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 on the offender plus the Magistracy is to make 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 subject of adverse comments from this Court as well as 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 lot of this power casts an obligation within the police and it must bear in mind, as held by this Court that if a person is arrested for the crime, his constitutional and fundamental rights must not be violated.
A reduced court may well not rule against a binding precedent, regardless of whether it feels that it really is unjust; it may well only express the hope that a higher court or maybe the legislature will reform the rule in question. If your court thinks that developments or trends in legal reasoning render the precedent unhelpful, and wishes to evade it and help the legislation evolve, it might possibly hold that the precedent is inconsistent with subsequent authority, or that it should be distinguished by some material difference between the facts in the cases; some jurisdictions allow for just a judge to recommend that an appeal be carried out.
In the event the DIGP finds evidence of a cognizable offense by both party, he shall direct the relevant SHO to record statements and proceed according for the legislation. This petition stands disposed of in the above mentioned terms. Read more
Persuasive Authority – Prior court rulings that might be consulted in deciding a current case. It might be used to guide the court, but just isn't binding precedent.
Therefore, this petition is found for being not maintainable which is dismissed along with the pending application(s), plus the petitioners may possibly look for remedies through the civil court process as discussed supra. Read more
For the foregoing reasons the instant suit is dismissed with no order concerning cost. Office to prepare decree in the above mentioned terms. Read more
116 . Cr.Misc. 787/2024 (S.B.) Muhammad Anwar V/S S.P Complaint Mobile Hyderabad & Others Sindh High Court, Circuit at Hyderabad 2025 SHC HYD 12 Justice of your Peace u/s 22-A just isn't obliged to afford a chance of hearing to the accused party; nor obliged to automatically or mechanically issue directions for registration of FIR; but is required to take into consideration all relevant factors, with care and caution; to avoid machinery of criminal regulation from being misused; frivolous complaints must be discouraged; relationship, enmity, transactions, litigation and other remedies, are a lot of the relevant factors. Read more
S. Supreme Court. Generally speaking, proper case citation includes the names with the parties to the first case, the court in which the case was listened to, the date it was decided, plus the book in which it truly is recorded. Different citation requirements might consist of italicized or underlined text, and certain specific abbreviations.
161 . Const. P. read more 642/2023 (D.B.) Fatima Noor V/S Dow University of Health Science and Others Sindh High Court, Karachi Coming into the main case, it is also a effectively-set up proposition of law 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 conclusion. But that finding must be based on some evidence. Neither the technical rules nor proof of a fact or evidence in the Stricto-Sensu, utilize to disciplinary proceedings. When the authority accepts that evidence and summary get support therefrom, the disciplinary authority is entitled to hold that the delinquent officer is guilty with the charge, however, that is subject into the procedure provided under the relevant rules and not otherwise, with the reason that the Court in its power of judicial review does not work as appellate authority to re-appreciate the evidence and to reach at its independent findings on the evidence.
12. There is not any denial from the fact that in Government service it is expected that the persons acquiring their character over board, free from any moral stigma, are being inducted. Verification of character and antecedents is usually a condition precedent for appointment into a Government service. The candidates must have good character and supply two recent character certificates from unrelated individuals. What is discernible from the above mentioned is that the only impediment to being appointed to a 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 carry out away with the candidature with the petitioner. Bench: Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Creator) Source: Order: Downloads 185 Order Date: 15-JAN-twenty five Approved for Reporting WhatsApp
182 . Const. P. 6025/2024 (D.B.) Dr. Pritam Das V/S Province of Sindh & Others Sindh High Court, Karachi As far as the stance of the respondents that pensionary benefits can be withheld on account from the allegations leveled against the petitioner, in our view, section twenty of your Sindh Civil Servants Act of 1973 deals with the pension and gratuity that civil servants are entitled to. However, the act does present for certain circumstances under which a civil servant's pension might be withheld or reduced. These involve if a civil servant is found guilty of misconduct or negligence during their service, their pension can be withheld or reduced. If a civil servant is convicted of a serious crime, their pension could be withheld or reduced. In a few cases, a civil servant's pension may be withheld or reduced if he/she fails to comply with certain conditions set because of the government.
The appellate court determined that the trial court experienced not erred in its decision to allow more time for information to generally be gathered via the parties – specifically regarding the issue of absolute immunity.
Preceding four tax years interpreted. It's not from the date of finalisation of audit but from the tax year involved. Read more
The Court holds the authority to review any criminal or civil cases, aside from most civil cases in which the amount in controversy does not exceed $200. Additionally, it regulates the legal profession in Washington, and it's got issued a Code of Judicial Conduct to guide the actions of state judges.