Top latest Five latest pakistani case law Urban news
Top latest Five latest pakistani case law Urban news
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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 of your police is usually to apprehend offenders, investigate crimes, and prosecute them before the Courts, also to prevent the commission of crime, and previously mentioned all, be certain law and order to protect citizens' lives and property. The legislation enjoins the police being scrupulously fair for the offender and the Magistracy is to be sure 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 regulation and order situation have been the subject of adverse comments from this Court and also from other Courts, However they have didn't have any corrective effect on it.
Case law is specific on the jurisdiction in which it had been rendered. As an example, a ruling inside a California appellate court would not typically be used in deciding a case in Oklahoma.
14. During the light of the position explained above, it really is concluded that a civil servant provides 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 couldn't be thought of for no fault of his own and meanwhile he retired on attaining the age of superannuation without any shortcoming on his part about deficiency inside the size of service or from 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(Writer) Source: Order: Downloads 433 Order Date: 24-JAN-twenty five Approved for Reporting WhatsApp
Acquittal nullifies prior guilt and fortifies petitioners' eligibility for appointment. No juridical impediment to appointment following acquittal. Equivalence of acquittals under compromise and criminal procedure code, as well as the role of "badal-i-sulh" in restorative justice. Distinction between probationary release and acquittal. Probationary release like a legally identified conviction. Read more
This Court may interfere where the authority held the proceedings against the delinquent officer inside a manner inconsistent with the rules of natural justice or in violation of statutory rules prescribing the method of inquiry or where the conclusion or finding achieved through the disciplinary authority is based on no evidence. If your conclusion or finding is like no reasonable person would have ever attained, the Court may interfere with the summary or the finding and mould the relief to really make it ideal into the facts of every case. In service jurisprudence, the disciplinary authority may be the sole judge of facts. Where the appeal is presented, the appellate authority has coextensive power to re-recognize the evidence or perhaps the nature of punishment. On the aforesaid proposition, we've been fortified because of the decision of the Supreme Court during the case of Ghulam Murtaza Shaikh v. Chief Minister Sindh (2024 SCMR 1757). Read more
Civil Courts keep jurisdiction over title disputes in partition matters. Agreement to sell does not confer title; it needs legal transfer of title. Agreement to sell must be manufactured and properly exhibited in evidence. Declining relief based on an unproduced and un-exhibited sale agreement is legally unsustainable. Read more
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S. Supreme Court. Generally speaking, proper case citation includes the names in the parties to the original case, the court in which the case was heard, the date it had been decided, along with the book in which it truly is recorded. Different citation requirements may possibly contain italicized or underlined text, and certain specific abbreviations.
163 . Const. P. 4965/2023 (D.B.) Saleem Khan V/S Province of Sindh & Others Sindh High Court, Karachi It truly is properly-settled that even though taking into consideration the case of standard promotion of civil servants, the competent authority must look at the merit of all of the suitable candidates and after due deliberations, to grant promotion to these types of qualified candidates who are found to generally be most meritorious among them. For the reason that petitioner was held for being senior to his colleagues who were promoted in BS-19, the petitioner was overlooked because of the respondent department just to increase favor for the blue-eyed candidate based on OPS, which is apathy around the part on the respondent department.
12. There isn't any denial from the fact that in Government service it is expected that the persons having their character earlier mentioned board, free from any moral stigma, are for being inducted. Verification of character and antecedents is often a condition precedent for appointment into a 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 is definitely 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 from the 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: 15-JAN-twenty five Approved for Reporting WhatsApp
12 . Const. P. 245/2025 (S.B.) Qurban Ali S/o Qasim V/S Province of Sindh and others Sindh High Court, Karachi The legislation enjoins the police to generally be scrupulously fair to your offender and also the Magistracy is to make sure 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 topic of adverse comments from this Court as well as from other courts Nevertheless they have didn't have any corrective effect on it.
The different roles of case law in civil and common regulation traditions create differences in the way that courts render decisions. Common legislation courts generally explain in detail the legal rationale behind their decisions, with citations of both legislation and previous relevant judgments, and often interpret the wider legal principles.
Preceding 4 tax years interpreted. It is far from from the date of finalisation of audit but from the tax year involved. 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 towards the main case, It's also a properly-recognized proposition of regulation that when an inquiry is conducted on charges of misconduct by a public click here 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 succeed in 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 within the Stricto-Sensu, use to disciplinary proceedings. When the authority accepts that evidence and conclusion acquire support therefrom, the disciplinary authority is entitled to hold that the delinquent officer is guilty with the charge, however, that is issue for the procedure provided under the relevant rules and not otherwise, to the reason that the Court in its power of judicial review does not act as appellate authority to re-value the evidence and to arrive at its independent findings about the evidence.