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 regulation enjoins the police for being scrupulously fair for the offender as well as 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 subject of adverse comments from this Court together with from other courts Nevertheless they have didn't 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.
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Matter:-HARASSMENT Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) Const. P. 235/2025 (S.B.) Atif S/o Latif V/S Province of Sindh and others Sindh High Court, Karachi SHC Citation: SHC-252216 Tag:The regulation enjoins the police for being scrupulously fair to the offender as well as Magistracy is to make 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 regulation and order situation have been the topic of adverse comments from this Court along with from other courts but 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.
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 as a legally recognized conviction. Read more
This Court may well interfere where the authority held the proceedings against the delinquent officer inside a manner inconsistent with the rules of natural justice or in violation of statutory rules prescribing the mode of inquiry or where the conclusion or finding achieved via the disciplinary authority is based on no evidence. Should the conclusion or finding is like no reasonable person would have ever achieved, the Court could interfere with the summary or the finding and mould the relief to make it ideal towards the facts of each case. In service jurisprudence, the disciplinary authority may be the sole judge of facts. Where the appeal is presented, the appellate authority has coextensive power to re-value the evidence or perhaps the nature of punishment. Within the aforesaid proposition, we've been fortified from the decision on the Supreme Court during the case of Ghulam Murtaza Shaikh v. Chief Minister Sindh (2024 SCMR 1757). Read more
145 . Const. P. 3670/2023 (D.B.) Rehan Pervez V/S Fed. of Pakistan and Others Sindh High Court, Karachi First and foremost, we would address the issue of maintainability of the instant Petition under Article 199 of the Constitution based about the doctrine of laches as this website petition was filed in 2016, whereas the alleged cause of action accrued towards the petitioner in 1992. The petitioner asserts that he pursued his legal remedy just after involvement while in the FIR lodged by FIA and during the intervening period the respondent dismissed him from service where after he preferred petition No.
Apart from the rules of procedure for precedent, the load supplied to any reported judgment may perhaps rely on the reputation of both the reporter as well as judges.[7]
The law as set up in previous court rulings; like common legislation, which springs from judicial decisions and tradition.
163 . Const. P. 4965/2023 (D.B.) Saleem Khan V/S Province of Sindh & Others Sindh High Court, Karachi It is well-settled that when taking into consideration the case of regular promotion of civil servants, the competent authority has got to consider the benefit of each of the suitable candidates and after thanks deliberations, to grant promotion to these kinds of eligible candidates who will be found being most meritorious among them. Because the petitioner was held to become senior to his colleagues who were promoted in BS-19, the petitioner was ignored because of the respondent department just to extend favor to the blue-eyed candidate based on OPS, which is apathy to the part on the respondent department.
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 Bearing on the second issue of non-service of grievance notice. Under Section 33 on the Industrial Relations Ac1,2012 (lRA 2012), ifa grievance notice is not served, the grievance petition may be dismissed. This is because service in the grievance notice is usually a mandatory requirement along with a precondition for filing a grievance petition. The legislation needs that a grievance notice be served on the employer before filing a grievance petition. This allows the employer to answer the grievance and attempt to resolve it amicably. In the event the employer fails to reply or resolve the grievance, the employee can then file a grievance petition with the National Industrial Relations Commission CNIRC) if the organization is transprovincial.
Matter:-DIRECTION Hon'ble Mr. Justice Adnan-ul-Karim Memon(Creator) 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 legislation enjoins the police to become scrupulously fair for the offender and 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 regulation and order situation have been the subject of adverse comments from this Court in addition to from other courts Nonetheless they have didn't 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 about 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.
Statutory laws are These created by legislative bodies, such as Congress at both the federal and state levels. Although this kind of legislation strives to form our society, furnishing rules and guidelines, it would be not possible for just about 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 as well as the case under appeal, Maybe overruling the previous case law by setting a fresh precedent of higher authority. This may possibly transpire several times since the case works its way through successive appeals. Lord Denning, first from the High Court of Justice, later of the Court of Appeal, provided a famous example of this evolutionary process in his progress from the concept of estoppel starting within the High Trees case.
The discovered Tribunal shall decide the case on merits, without being influenced by the findings from the Impugned order, after recording of evidence from the respective parties. Read more