case law air 1964 ker 277 - An Overview
case law air 1964 ker 277 - An Overview
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It is also important to note that granting of seniority to the civil servant without the actual size of service practically violates the whole service framework as being a civil servant inducted in Grade seventeen by claiming this sort of benefit without any experience be directly posted in almost any higher grade, which is neither the intention on the regulation nor of the equity. Read more
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 law enjoins the police being scrupulously fair on the offender as well as 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 regulation and order situation have been the subject of adverse comments from this Court and also 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 loads of this power casts an obligation over 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. However it is made obvious that police is free to take action against any person who is indulged in criminal activities subject matter to law. eight. The DIGP concerned is directed to prioritize this matter and, after hearing both parties within two weeks, address the alleged police misconduct. If your officials are found culpable, departmental proceedings for their punishment must be initiated, and they shall be assigned non-area duties inside the interim period. Bench: Hon'ble Mr. Justice Adnan-ul-Karim Memon(Writer) Source: Order: Downloads 113 Order Date: 08-APR-twenty five Approved for Reporting WhatsApp
Therefore, this petition is found to get not maintainable and is dismissed along with the pending application(s), as well as petitioners could find remedies through the civil court process as discussed supra. Read more
a hundred forty five . 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 moment Petition under Article 199 of your Constitution based on the doctrine of laches as this 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.
The Roes accompanied the boy to his therapy sessions. When they were instructed of the boy’s past, they requested if their children were Protected with him in their home. The therapist certain them that that they had nothing at all to worry about.
In federal or multi-jurisdictional regulation systems there may perhaps exist conflicts between the various reduce appellate courts. Sometimes these differences is probably not resolved, and it could be click here necessary to distinguish how the regulation is applied in one district, province, division or appellate department.
Some bodies are supplied statutory powers to issue guidance with persuasive authority or similar statutory effect, such as the Highway Code.
Article 199 with the Constitution allows High Court intervention only when "no other suitable remedy is provided by regulation." It's very well-settled that an aggrieved person must exhaust available remedies before invoking High Court jurisdiction, regardless of whether Individuals remedies suit them. The doctrine of exhaustion of remedies prevents unnecessary High Court litigation. Read more
The police have the power to arrest a person even without obtaining a warrant of arrest from a Court for cognizable offenses. The presence of this power casts an obligation to the police, and so they must bear in mind, as held by this Court from time to time in its several pronouncemnts, that if a person is arrested to get a crime, his constitutional and fundamental rights must not be violated. Primarily, the Police Officers are needed to protect and not abduct. Read more
The different roles of case regulation in civil and common regulation traditions create differences in the best way that courts render decisions. Common legislation courts generally explain in detail the legal rationale at the rear of their decisions, with citations of both legislation and previous relevant judgments, and sometimes interpret the broader legal principles.
As being the Supreme Court would be the final arbitrator of all cases where the decision is reached, therefore the decision of your Supreme Court needs to become taken care of as directed in terms of Article 187(two) from the Constitution. 10. We must dismiss these petitions because the Supreme Court has already ruled on this. Read more
Rulings by courts of “lateral jurisdiction” are certainly not binding, but may be used as persuasive authority, which is to offer substance into the party’s argument, or to guide the present court.