The 5-Second Trick For thesis delay application.case laws in pakistan
The 5-Second Trick For thesis delay application.case laws in pakistan
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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 being scrupulously fair towards the offender along with the 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 legislation and order situation have been the topic of adverse comments from this Court and also from other courts Nonetheless 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. The lots 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 to get a crime, his constitutional and fundamental rights must not be violated.
Case law is specific to your jurisdiction in which it had been rendered. For instance, a ruling inside a California appellate court would not typically be used in deciding a case in Oklahoma.
fourteen. During the light from the position explained above, it truly is concluded that a civil servant includes a fundamental right to generally be promoted even after his retirement by awarding proforma promotion; provided, his right of promotion accrued during his service but could not be regarded for no fault of his own and meanwhile he retired on attaining the age of superannuation without any shortcoming on his part about deficiency while in the size 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
The ruling with the first court created case law that must be accompanied by other courts until eventually or Unless of course possibly new legislation is created, or simply a higher court rules differently.
149 . Const. P. 6193/2016 (D.B.) Syed Musawar Shah V/S M.D CSD and Ors Sindh High Court, Karachi First and foremost, we would address the issue of maintainability of the instant Petition under Article 199 in the Constitution based to the doctrine of laches as this petition was filed in 2016, whereas the alleged cause of action accrued to the petitioner in 1992. The petitioner asserts that he pursued his legal remedy just after involvement during the FIR lodged by FIA and during the intervening period the respondent dismissed him from service where after he preferred petition No.
However it really is made clear that police is free to just take action against any person who's indulged in criminal activities issue to law. However no harassment shall be caused into the petitioner, if she acts within the bonds of legislation. Police shall also ensure regard from the family lose in accordance with law and when they have reasonable ground to prevent the congnizable offence they will act, so far as raiding the house is concerned the police shall protected concrete evidence and obtain necessary permission from the concerned high police official/Magistrate to be a issue of security in the house is concerned, which is not really public place under the Act 1977. 9. Considering the aforementioned details, the objective of filing this petition has become accomplished. For that reason, this petition is hereby disposed of in the terms stated previously mentioned. Read more
27 . Const. P. 4002/2011 (D.B.) Ibrahim Noor V/S Pakistan International Airlines Corporation & Ors. Sindh High Court, Karachi Even, if a petitioner was acquitted inside of a criminal case following a conviction, in NAB Reference No. twenty/2011, this does not automatically cause exoneration from departmental charges based around the same factual grounds. Although a writ under Article 199 is obtainable in specific limited situations, it's generally not the right remedy to contest a dismissal from service based on these charges, particularly when the employee was afforded a full possibility to cross-analyze witnesses and present his/her defense but did not influence the department of his/her innocence.
Amir Abdul Majid, 2021 SCMR 420. 12. There is not any denial from the fact that in read more Government service it is anticipated that the persons getting their character above board, free from any moral stigma, are being inducted. Verification of character and antecedents is often a condition precedent for appointment to some 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 into a Government service could be the conviction on an offense involving moral turpitude but involvement, which does not culminate into a proof by conviction, cannot be a means out or guise to try and do away with the candidature of the petitioner. Read more
Only the written opinions of the Supreme Court along with the Court of Appeals are routinely available. Decisions from the lessen (trial) courts usually are not generally published or distributed.
Article 27 with the Constitution does not only safeguard against discrimination within the time of appointment of service but after the appointment as well. The disparity from the fork out scale allowances of Stenographers inside the District Judiciary is while in the crystal clear negation of your legislation laid down with the Supreme Court in its numerous pronouncements. Read more
In other circumstances as discussed supra pensionary benefits cannot be stopped on account of criminal charges after the retirement of two years; and, is violative in the regulation laid down by the Supreme Court in the case of Haji Muhammad Ismail Memon, PLD 2007 SC 35. Hence, the competent authority on the parent department from the petitioner as well as the Chief Secretary, Sindh, are liable to release the pensionary amount of the petitioner and fork out the pension amount and other ancillary benefits for the petitioner to which he is entitled under the law within two months from the date of receipt of this order. The competent authority from the respondent is additionally directed to recalculate the pensionary benefits in the petitioner and increases accrued thereon the withheld pensionary benefits with effect from stopping to date. Read more
ten. Based over the findings of your inquiry committee, this petition just isn't considered maintainable which is therefore liable to be dismissed, which is dismissed accordingly with pending application(s) if any. Read more
17 . Const. P. 5/2024 (S.B.) Mst. Nasira Khalique Thr. Ms. Seema Khalique V/S The Province of Sindh and others Sindh High Court, Karachi 2025 SHC KHI forty six I have listened to the discovered counsel for your parties and perused the record with their assistance. I intentionally not making any detail comments given that the issues of your matter between the parties pending adjudication before the concerned court with regard on the interim relief application in terms of Section 7(1) of the Illegal Dispossession Act 2005 handy over possession on the subjected premises towards the petitioner; that Illegal Dispossession Case needs to get decided because of the competent court after hearing the parties if pending given that the petitioner has already sought a similar prayer while in the Illegal Dispossession case and so far as the restoration of possession of concerned the trial court has to see this element for interim custody of the topic premises In the event the petitioner was found forcibly evicted from the premises in question if she possessed the valid rent agreement and decision be made within two months from the date of receipt of this order. Read more
Rulings by courts of “lateral jurisdiction” are certainly not binding, but may very well be used as persuasive authority, which is to present substance to the party’s argument, or to guide the present court.