nine . 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 to become scrupulously fair towards the offender along with the Magistracy is to guarantee 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 legislation and order situation have been the subject of adverse comments from this Court and from other courts Nonetheless 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 around the police and it must bear in mind, as held by this Court that if a person is arrested for just a crime, his constitutional and fundamental rights must not be violated.
Article 199 from the Constitution allows High Court intervention only when "no other satisfactory remedy is provided by regulation." It can be nicely-settled that an aggrieved person must exhaust out there 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
fourteen. From the light from the position explained earlier mentioned, it truly is concluded that a civil servant has a fundamental right to become promoted even after his retirement by awarding proforma promotion; provided, his right of promotion accrued during his service but couldn't be thought of for no fault of his personal and meanwhile he retired on attaining the age of superannuation without any shortcoming on his part about deficiency from the duration of service or during 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(Author) Source: Order: Downloads 433 Order Date: 24-JAN-25 Approved for Reporting WhatsApp
This ruling has conditions, and Considering that the petitioners unsuccessful a qualifying Examination, they cannot claim equity or this Court's jurisdiction based on the Niazi case analogy. 9. In view of the above facts and circumstances of your case, petitioners have not demonstrated a case for this court's intervention under Article 199 of the Constitution. Read more
This Court may interfere where the authority held the proceedings against the delinquent officer in the way inconsistent with the rules of natural justice or in violation of statutory rules prescribing the manner of inquiry or where the summary or finding reached from the disciplinary authority is based on no evidence. In the event the conclusion or finding is including no reasonable person would have ever achieved, the Court may well interfere with the summary or perhaps the finding and mildew the relief to really make it acceptable into the facts of each and every case. In service jurisprudence, the disciplinary authority is the sole judge of facts. Where the appeal is presented, the appellate authority has coextensive power to re-appreciate the evidence or even the nature of punishment. Around the aforesaid proposition, we are fortified from the decision of the Supreme Court in the case of Ghulam Murtaza Shaikh v. Chief Minister Sindh (2024 SCMR 1757). Read more
The proposal seems to be reasonable and acceded to. While in the meantime police shall remain neutral during the private dispute between the parties, however, if any of your individuals is indulged in criminal action the police shall consider prompt action against them under regulation. 5. The moment petition is disposed of in the above terms. Read more
Apart from the rules of procedure for precedent, the load given to any reported judgment might count on the reputation of both the reporter as well as judges.[seven]
In case you find an error inside the content material of the published opinion (like a misspelled name or even a grammatical error), please notify the Reporter of Decisions. TVW
Summaries offer concise insights into the legal principles governing agreements between parties, such as the formation, interpretation, and enforceability of contracts, supplying a important resource for understanding contractual rights and obligations.
Summaries present an essential glimpse into the intricate landscape of Environment and Climate Laws in Pakistan. Delving into this realm unveils a mosaic of regulations and guidelines directed at safeguarding natural resources, mitigating environmental degradation, and combating climate change.
182 . Const. P. 6025/2024 (D.B.) Dr. Pritam Das V/S Province of Sindh & Others Sindh High Court, Karachi So far as the stance of your respondents that pensionary benefits could be withheld on account from the allegations leveled against the petitioner, inside our view, section 20 on the 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 may be withheld or reduced. These incorporate if a civil servant is found guilty of misconduct or negligence during their service, their pension might be withheld or reduced. If a civil get more info servant is convicted of a serious crime, their pension could possibly be withheld or reduced. In certain cases, a civil servant's pension might be withheld or reduced if he/she fails to comply with certain conditions set through the government.
Summaries of cases that shape the lives of youthful individuals, making certain a further understanding of justice within the juvenile system. Knowledge that matters, crafted for legal professionals and fans alike.
Preceding 4 tax years interpreted. It isn't from the date of finalisation of audit but from the tax year involved. Read more
Free database for searching federal court dockets and documents pulled from PACER. Coverage is not complete, but this is an excellent starting point. See Background section at base of RECAP website for more information.