case law air 1964 ker 277 - An Overview

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 generally be scrupulously fair into the offender and also 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 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. The a good amount of this power casts an obligation to 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.

It is usually important to note that granting of seniority to a civil servant without the actual length of service nearly violates all the service composition to be a civil servant inducted in Grade 17 by claiming this sort of benefit without any experience be directly posted in almost any higher quality, which is neither the intention on the law nor in the equity. Read more

fourteen. In the light with the position explained earlier mentioned, it really is concluded that a civil servant has a fundamental right being 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 possess 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(Creator) Source: Order: Downloads 433 Order Date: 24-JAN-25 Approved for Reporting WhatsApp

The a good amount 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. However it can be made very clear that police is free to choose action against any person who's indulged in criminal activities subject to law. 8. The DIGP concerned is directed to prioritize this matter and, after hearing both parties within two months, address the alleged police misconduct. Should the officials are found culpable, departmental proceedings for their punishment must be initiated, plus they shall be assigned non-industry duties within the interim period. Read more

2299 of 2025. The findings are pending finalization and will be submitted without delay. They also stated that directives for strict compliance have been issued to all Karachi models, with non-compliance dealing with departmental action. Furthermore, they submitted that an existing enquiry is underway. Therefore, These are directed to complete the proceedings and submit the enquiry report to this court through MIT-II of this Court. twelve. This petition stands disposed of in the above terms. Read more

These past decisions are called "case legislation", or precedent. Stare decisis—a Latin phrase meaning "Enable the decision stand"—will be the principle by which judges are bound to such past decisions, drawing on set up judicial authority to formulate their positions.

When the state court hearing the case reviews the regulation, he finds that, when it mentions large multi-tenant properties in a few context, it can be actually rather vague about whether the ninety-working day provision relates to all landlords. The judge, based about the specific circumstances of Stacy’s case, decides that all landlords are held on the ninety-working day notice prerequisite, and rules in Stacy’s favor.

Amir Abdul Majid, 2021 SCMR 420. 12. There isn't any denial from the fact that in Government service it is expected that the persons possessing their character higher than board, free from any moral stigma, are being inducted. Verification of character and antecedents is a condition precedent for appointment to some Government service. The candidates must have good character and provide two recent character certificates from unrelated individuals. What is discernible from the above is that the only impediment to being appointed to a Government service may be the conviction on an offense involving moral turpitude but involvement, which does not culminate into a proof by conviction, cannot be a method out or guise to perform absent with the candidature with the petitioner. Read more

In certain jurisdictions, case legislation might be applied to ongoing adjudication; for example, criminal proceedings or family legislation.

Binding Precedent – A rule or principle established by a court, which other courts are obligated to follow.

This page contains slip opinions. Slip opinions are the opinions that are filed about the day that the appellate court issues its decision and are often not the court's final opinion.

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seventeen . 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 46 I have listened to the learned counsel for that parties and perused website the record with their assistance. I intentionally not making any detail comments given that the issues in the matter between the parties pending adjudication before the concerned court with regard on the interim relief application in terms of Section seven(one) from the Illegal Dispossession Act 2005 handy over possession in the subjected premises on the petitioner; that Illegal Dispossession Case needs to be decided through the competent court after hearing the parties if pending as being the petitioner has already sought a similar prayer within the Illegal Dispossession case and so far as the restoration of possession of concerned the trial court should see this part for interim custody of the topic premises When the petitioner was found forcibly evicted from the premises in question if she possessed the valid rent agreement and decision be made within two weeks from the date of receipt of this order. Read more

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 for the main case, It is additionally a perfectly-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 conclusion. But that finding must be based on some evidence. Neither the technical rules nor proof of a fact or evidence while in the Stricto-Sensu, implement to disciplinary proceedings. When the authority accepts that evidence and summary acquire support therefrom, the disciplinary authority is entitled to hold that the delinquent officer is guilty of the charge, however, that is subject towards the procedure provided under the relevant rules and never otherwise, for your reason that the Court in its power of judicial review does not act as appellate authority to re-appreciate the evidence and to arrive at its independent findings around the evidence.

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