Because the Supreme Court will be the final arbitrator of all cases where the decision has long been arrived at, therefore the decision in the Supreme Court needs for being taken care of as directed in terms of Article 187(2) with the Constitution. 10. We must dismiss these petitions because the Supreme Court has already ruled on this. Read more
The police has the power to arrest a person even without obtaining a warrant of arrest from a court. The an abundance 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. Read more
It also addresses the limitation period under Article 91 and 120 from the Limitation Act, focusing on when plaintiff to seek cancellation. The importance of deciding application under Order VII Rule 11 CPC based solely on plaint averments in highlighted, excluding extrinsic material at this stage. Read more
The a lot 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 a crime, his constitutional and fundamental rights must not be violated. However it really is made distinct that police is free to just take action against any person that is indulged in criminal activities subject to legislation. 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, and they shall be assigned non-field duties inside the interim period. Bench: Hon'ble Mr. Justice Adnan-ul-Karim Memon(Writer) Source: Order: Downloads 113 Order Date: 08-APR-25 Approved for Reporting WhatsApp
Therefore, this petition is found to get not maintainable and is dismissed along with the pending application(s), plus the petitioners might request remedies through the civil court process as discussed supra. Read more
As being the Supreme Court may be the final arbitrator of all cases where the decision has become attained, therefore the decision in the Supreme Court needs to be taken care of as directed in terms of Article 187(2) on the Constitution. ten. We must dismiss these petitions because the Supreme Court has already ruled on this. Read more
27 . Const. P. 4002/2011 (D.B.) Ibrahim Noor V/S Pakistan International Airways 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 bring on exoneration from departmental charges based to the same factual grounds. When a writ under Article 199 is offered in specific limited situations, it can be generally not the suitable remedy to contest a dismissal from service based on these charges, particularly when the employee was afforded a full opportunity to cross-study witnesses and present his/her defense but didn't encourage the department of his/her innocence.
However it is made very clear that police is free to get action against any person who's indulged in criminal activities topic to law. However no harassment shall be caused to your petitioner, if she acts within the bonds of legislation. Police shall also assure regard with the family drop in accordance with law and when they have reasonable ground to prevent the congnizable offence they will act, as far as raiding the house is concerned the police shall safe concrete evidence and procure necessary permission from the concerned high police official/Magistrate being a issue of security in the house is concerned, which will not be public place under the Act 1977. nine. Considering the aforementioned details, the objective of filing this petition has been realized. For that reason, this petition is hereby disposed of while in the terms stated previously mentioned. Bench: Hon'ble Mr. Justice Adnan-ul-Karim Memon(Creator) Source: Order: Downloads forty Order Date: 08-APR-25 Approved for Reporting WhatsApp
Some bodies are supplied statutory powers to issue guidance with persuasive authority or similar statutory effect, like the Highway Code.
twelve. There isn't any denial from the fact that in Government service it is expected that the persons getting their character above board, free from any moral stigma, are being inducted. Verification of character and antecedents is a condition precedent for appointment to the 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 will 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 try and do away with the candidature of your petitioner. Bench: Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) Source: Order: Downloads 185 Order Date: fifteen-JAN-25 Approved for Reporting WhatsApp
Federalism also performs a major role in determining the authority of case legislation in a particular court. Indeed, each circuit has its have list of binding case regulation. Therefore, a judgment rendered inside the Ninth Circuit will not be binding in the Second Circuit but will have persuasive authority.
The reason for this difference is that these civil regulation jurisdictions adhere to the tradition that the reader should have the more info capacity to deduce the logic from the decision along with the statutes.[four]
156 . Const. P. 1015/2021 (D.B.) Muhammad Saleem Jehangir V/S Province of Sindh and Others Sindh High Court, Karachi Additionally it is 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 length of service for getting to be entitled to be deemed for promotion to the higher grade, of course, will not be without logic because the officer that's at first inducted into a particular post needs to provide around the explained post to gain experience to hold the next higher post also to serve the public in a very befitting manner.
refers to law that arrives from decisions made by judges in previous cases. Case legislation, also known as “common legislation,” and “case precedent,” supplies a common contextual background for certain legal concepts, And the way They may be applied in certain types of case.