case law air 1964 ker 277 - An Overview
case law air 1964 ker 277 - An Overview
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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 from the police should be to apprehend offenders, investigate crimes, and prosecute them before the Courts, also to prevent the commission of crime, and earlier mentioned all, make certain regulation and order to protect citizens' lives and property. The law enjoins the police being scrupulously fair on the offender along with the Magistracy is to guarantee 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 law and order situation have been the topic of adverse comments from this Court and also from other Courts, Nevertheless 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 a lot 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 for your crime, his constitutional and fundamental rights must not be violated. Read more
However, decisions rendered from the Supreme Court in the United States are binding on all federal courts, and on state courts regarding issues on the Constitution and federal regulation.
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The Supreme Court's explanation from Fida Muhammad v. Government of Khyber Pakhtunkhwa and others (2021 SCMR 1895), clearly distinguished between up-gradation and promotion. Promotion includes a shift to some higher position with increased responsibilities and rank. Upgradation, about the other hand, offers financial relief by putting an employee in the higher fork out scale, without switching their occupation duties or position. It's a mechanism designed to address the stagnation of employees who have remained while in the same pay back scale for a long time, particularly when they absence prospects for promotion. Upgradation is a policy Device used to reduce the hardship of very long-term stagnation. Read more
As being the Supreme Court could be the final arbitrator of all cases where the decision has actually been arrived at, therefore the decision with the Supreme Court needs to generally be taken care of as directed in terms of Article 187(2) of your Constitution. 10. We must dismiss these petitions because the Supreme Court has already ruled on this. Read more
The Roes accompanied the boy to his therapy sessions. When they were explained to with the boy’s past, they requested if their children were Harmless with him in their home. The therapist confident them that they had absolutely nothing to worry about.
168 . H.C.A 203/2016 (D.B.) Saleh Muhammad V/S Faqir Muhammad & others Sindh High Court, Karachi Subject: Appeal At times it is actually practical for any Judge to dismiss the suit for non-prosecution, however, a Judge is under the obligation to make an attempt to get rid of a case on advantage and more importantly when after recording of evidence it's achieved into a stage of final arguments, endeavors should be made for advantage disposal when it has achieved these stage. Read more
161 . Const. P. 642/2023 (D.B.) Fatima Noor V/S Dow University of Health Science and Others Sindh High Court, Karachi Coming to the main case, it is also a nicely-set up 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 reach a finding of fact or summary. But that finding must be based on some evidence. Neither the technical rules nor proof of the fact or evidence from the Stricto-Sensu, utilize to disciplinary proceedings. When the authority accepts that evidence and conclusion obtain support therefrom, the disciplinary authority is entitled to hold that the delinquent officer is guilty of the charge, however, that is issue to the procedure provided under the relevant rules and not otherwise, with the reason that the Court in its power of judicial review does not act as appellate authority to re-enjoy the evidence and to arrive at its independent findings within the evidence.
twelve. There isn't any denial from the fact that in Government service it is expected that the persons having their character higher than board, free from any moral stigma, are to get inducted. Verification of character and antecedents is usually a condition precedent for appointment to your Government service. The candidates must have good character and provide 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 is 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 carry out absent with the candidature of your petitioner. Bench: Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Writer) Source: Order: Downloads 185 Order Date: 15-JAN-twenty five Approved for Reporting WhatsApp
Federalism also performs a major role in determining the authority of case regulation in a very particular court. Indeed, Every single circuit has its individual list of binding case law. 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 could seek to distinguish the present case from that of a binding precedent, to succeed in a different conclusion. The validity of this kind of distinction might or might not be accepted on appeal of that judgment to some higher court.
Because of their position between the two main systems of legislation, these types of legal systems are sometimes referred to as mixed systems of legislation.
Matter:-SERVICE Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Writer) 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 into the main website case, it is also a nicely-proven proposition of regulation 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 the fact or evidence during the Stricto-Sensu, apply to disciplinary proceedings. When the authority accepts that evidence and conclusion obtain support therefrom, the disciplinary authority is entitled to hold that the delinquent officer is guilty on the charge, however, that is subject matter into the procedure provided under the relevant rules rather than otherwise, for that reason that the Court in its power of judicial review does not act as appellate authority to re-respect the evidence and to reach at its independent findings about the evidence.