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 on the police would be to apprehend offenders, look into crimes, and prosecute them before the Courts, also to prevent the commission of crime, and higher than all, make certain legislation and order to protect citizens' lives and property. The legislation enjoins the police for being scrupulously fair into the offender and also 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 legislation and order situation have been the subject of adverse comments from this Court as well as from other Courts, Nonetheless they have failed to have any corrective effect on it.
A lessen court may not rule against a binding precedent, whether or not it feels that it's unjust; it may well only express the hope that a higher court or even the legislature will reform the rule in question. If your court believes that developments or trends in legal reasoning render the precedent unhelpful, and desires to evade it and help the law evolve, it may well both hold that the precedent is inconsistent with subsequent authority, or that it should be distinguished by some material difference between the facts of the cases; some jurisdictions allow for the judge to recommend that an appeal be completed.
ten . Const. P. 235/2025 (S.B.) Atif S/o Latif V/S Province of Sindh and others Sindh High Court, Karachi The legislation enjoins the police to become scrupulously fair to the offender as well as 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 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.
If your employee fails to provide a grievance notice, the NIRC may possibly dismiss the grievance petition. This is because the employer has not experienced a possibility to reply to the grievance and attempt to resolve it. In certain cases, the NIRC may well allow the employee to amend the grievance petilion to incorporate the grievance notice. However, this will likely be only performed In case the employee can show that they had a good reason for not serving the grievance notice. During the present case, the parties were allowed to steer evidence along with the petitioner company responded towards the allegations therefore they were properly mindful of the allegations and led the evidence therefore this point is ofno use to get looked into in constitutional jurisdiction at this stage. Read more
This Court may interfere where the authority held the proceedings against the delinquent officer inside a fashion inconsistent with the rules of natural justice or in violation of statutory rules prescribing the mode of inquiry or where the summary or finding arrived at by the disciplinary authority is based on no evidence. In the event the conclusion or finding is including no reasonable person would have ever achieved, the Court may possibly interfere with the summary or here perhaps the finding and mildew the relief to really make it ideal on the facts of each and every case. In service jurisprudence, the disciplinary authority would be the sole judge of facts. Where the appeal is presented, the appellate authority has coextensive power to re-take pleasure in the evidence or perhaps the nature of punishment. About the aforesaid proposition, we've been fortified because of the decision on the Supreme Court in the case of Ghulam Murtaza Shaikh v. Chief Minister Sindh (2024 SCMR 1757). Read more
Just some years back, searching for case precedent was a complicated and time consuming task, necessitating people to search through print copies of case law, or to purchase access to commercial online databases. Today, the internet has opened up a bunch of case law search prospects, and several sources offer free access to case regulation.
116 . Cr.Misc. 787/2024 (S.B.) Muhammad Anwar V/S S.P Complaint Mobile Hyderabad & Others Sindh High Court, Circuit at Hyderabad 2025 SHC HYD 12 Justice of the Peace u/s 22-A is not obliged to afford a possibility of hearing to your accused party; nor obliged to always or mechanically issue directions for registration of FIR; but is required to contemplate all relevant factors, with care and caution; to avoid machinery of criminal law from being misused; frivolous complaints must be discouraged; relationship, enmity, transactions, litigation and other remedies, are a number of the relevant factors. Read more
Many judgments have affirmed that the mere registration of a crime does not represent a "public interest" justification for restricting a person's liberty. Therefore, the Respondent's actions in inserting the Petitioner's name to the ECL based within the criminal case are inconsistent with proven legal principles. As a result, this petition must be allowed Read more
The justices must be balanced between the political parties, such that neither party has an advantage of more than just one seat. To qualify to provide within the Supreme Court, a candidate must have been admitted to practice legislation in New Jersey for at least ten years. This is definitely the same prerequisite as for Superior Court judges.
500,000/- (Rupees 5 hundred thousand only) Each and every and the same shall be retained while in the police station to the effect that no harm shall be caused for the petitioners. 5. In view of the above mentioned, this Constitutional Petition is disposed of Read more
In other circumstances as discussed supra pensionary benefits cannot be stopped on account of criminal charges after the retirement of two years; and, is violative with the legislation laid down through the Supreme Court within the case of Haji Muhammad Ismail Memon, PLD 2007 SC 35. As a result, the competent authority from the parent department on the petitioner and also the Chief Secretary, Sindh, are liable to release the pensionary amount on the petitioner and shell out the pension amount and other ancillary benefits to your petitioner to which He's entitled under the law within two months from the date of receipt of this order. The competent authority from the respondent is also directed to recalculate the pensionary benefits in the petitioner and increases accrued thereon the withheld pensionary benefits with effect from stopping to date. Read more
These lists are sorted chronologically by Chief Justice and contain all notable cases decided by the court. Articles exist for almost all cases.
In determining whether employees of DCFS are entitled to absolute immunity, which is generally held by certain government officials acting within the scope of their employment, the appellate court referred to case regulation previously rendered on similar cases.
Rulings by courts of “lateral jurisdiction” aren't binding, but could possibly be used as persuasive authority, which is to present substance into the party’s argument, or to guide the present court.