case law air 1964 ker 277 - An Overview
case law air 1964 ker 277 - An Overview
Blog Article
33 . Const. P. 114/2025 (S.B.) Mst. Zoya and another V/S The Province of Sindh and others Sindh High Court, Karachi Additionally, the main objectives with the police would be to apprehend offenders, examine crimes, and prosecute them before the Courts, also to prevent the commission of crime, and over all, make sure regulation and order to protect citizens' lives and property. The legislation enjoins the police to be scrupulously fair towards the offender along with the Magistracy is to ensure a fair investigation and fair trial for an offender. Unfortunately, these objectives have remained unfulfilled. Deviations 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.
It is additionally important to note that granting of seniority into a civil servant without the actual length of service pretty much violates the complete service structure for a civil servant inducted in Grade seventeen by claiming these kinds of benefit without any experience be directly posted in any higher quality, which is neither the intention of the regulation nor in the equity. Read more
ten . Const. P. 235/2025 (S.B.) Atif S/o Latif V/S Province of Sindh and others Sindh High Court, Karachi The law enjoins the police to become scrupulously fair towards the offender and 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 law and order situation have been the topic of adverse comments from this Court and from other courts but they have failed to 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.
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 to become not maintainable and is also dismissed along with the pending application(s), as well as petitioners might request remedies through the civil court process as discussed supra. Read more
Only a few years ago, searching for case precedent was a challenging and time consuming undertaking, demanding people to search through print copies of case law, or to pay for access to commercial online databases. Today, the internet has opened up a bunch of case legislation search alternatives, and many sources offer free access to case law.
All executive and judicial authorities throughout Pakistan are obligated to act in help from the Supreme Court, making certain the enforcement of its judgments. As the Supreme Court is the final arbitrator of all cases where the decision has become reached, the decision with the Supreme Court needs being taken care of as directed in terms of Article 187(2) on the Constitution. Read more
The court system is then tasked with interpreting the law when it is actually unclear the way it applies to any given situation, normally rendering judgments based on the intent of lawmakers and the circumstances with the case at hand. This kind of decisions become a guide for long term similar cases.
The DCFS social worker in charge on the boy’s case experienced the boy made a ward of DCFS, and in her 6-month report to the court, the worker elaborated about the boy’s sexual abuse history, and stated that she planned to maneuver him from a facility into a “more homelike setting.” The court approved her plan.
Summaries offer an essential glimpse into the intricate landscape of Environment and Climate Laws in Pakistan. Delving into this realm unveils a mosaic of regulations and procedures aimed at safeguarding natural resources, mitigating environmental degradation, and combating climate change.
Federalism also performs a major role in determining the authority of case legislation in the particular court. Indeed, Each and every circuit has its individual set of binding case legislation. As a result, a judgment rendered inside the Ninth Circuit will not be binding within the Second Circuit but will have persuasive authority.
Any court may well seek to distinguish the present case from that of a binding precedent, to succeed in a different conclusion. The validity of this kind check here of distinction may or may not be accepted on appeal of that judgment to the higher court.
156 . Const. P. 1015/2021 (D.B.) Muhammad Saleem Jehangir V/S Province of Sindh and Others Sindh High Court, Karachi It is also important to note that neither seniority nor promotion is the vested right of the civil servant, therefore, neither any seniority nor any promotion might be claimed or granted without the actual size of service on account of vested rights. The purpose of prescribing a particular duration of service for turning into entitled to generally be regarded as for promotion to the higher grade, of course, is not without logic as being the officer who is to begin with inducted into a particular post needs to provide about the reported post to gain experience to hold the next higher post and to provide the public in a befitting method.
Matter:-SERVICE Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) 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 on the main case, it is also a effectively-established 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 achieve a finding of fact or summary. 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 get support therefrom, the disciplinary authority is entitled to hold that the delinquent officer is guilty of your charge, however, that is issue to the procedure provided under the relevant rules and not otherwise, for your reason that the Court in its power of judicial review does not act as appellate authority to re-value the evidence and to arrive at its independent findings within the evidence.