case law air 1964 ker 277 - An Overview
case law air 1964 ker 277 - An Overview
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These provisions use to cases where evidence was recorded after the QSO's enforcement, even when the transaction occurred previous to its promulgation. Read more
The main objectives of police is always to apprehend offenders, look into crimes, and prosecute them before the cours also to prevent to commission of crime, and earlier mentioned all make sure regulation and order to protect citizen???s life and property. Read more
In that sense, case legislation differs from a person jurisdiction to another. For example, a case in The big apple would not be decided using case regulation from California. As an alternative, The big apple courts will review the issue counting on binding precedent . If no previous decisions within the issue exist, Big apple courts may check out precedents from a different jurisdiction, that would be persuasive authority alternatively than binding authority. Other factors like how previous the decision is and also the closeness for the facts will affect the authority of a specific case in common regulation.
The ruling with the first court created case law that must be accompanied by other courts till or Until possibly new regulation is created, or perhaps a higher court rules differently.
184 . Const. P. 469/2022 (D.B.) Zain Ahmed V/S The I.G of Police and Others Sindh High Court, Karachi In the instant case, the guidelines as established forth would not utilize, as the criminal Court hasn't convicted the petitioner, somewhat he is acquitted from the criminal charges based on evidence and it can be perfectly-settled regulation that once the civil servant is acquitted from the criminal case, then on this quite charge he cannot be awarded in any punishment through the department and held him disqualified to the post because acquittal for all potential purposes. The aforesaid proposition is established at naught with the Supreme Court of Pakistan during the case of your District Police Officer Mainwali and a couple of others v.
one 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 instant Petition under Article 199 of the Constitution based within the doctrine of laches as this petition was filed in 2016, whereas the alleged cause of action accrued for the petitioner in 1992. The petitioner asserts that he pursued his legal remedy just after involvement in the FIR lodged by FIA and within the intervening period the respondent dismissed him from service where after he preferred petition No.
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However it really is made crystal clear that police is free to take action against any person who is indulged in criminal activities matter to regulation. However no harassment shall be caused into the petitioner, if she acts within the bonds of law. Police shall also ensure respect on the family drop in accordance with regulation and should they have reasonable ground to prevent the congnizable offence they are able to act, so far as raiding the house is concerned the police shall safe concrete evidence and acquire necessary permission from the concerned high police official/Magistrate to be a issue of security of the house is concerned, which just isn't public place under the european company law text cases and materials Act 1977. 9. Taking into consideration the aforementioned details, the objective of filing this petition has long been accomplished. Consequently, this petition is hereby disposed of inside the terms stated above. Bench: Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) Source: Order: Downloads 40 Order Date: 08-APR-25 Approved for Reporting WhatsApp
10. Without touching the merits of your case on the issue of once-a-year increases in the pensionary emoluments from the petitioner, in terms of policy decision with the provincial government, these once-a-year increase, if permissible in the case of employees of KMC, demands further assessment being made by the court of plenary jurisdiction. KMC's reluctance as a result of funding issues and insufficient adoption of provincial increases, creates a factual dispute that cannot be resolved in writ jurisdiction, necessitating the petitioner to go after other legal avenues. Read more
This Court may well interfere where the authority held the proceedings against the delinquent officer inside a way inconsistent with the rules of natural justice or in violation of statutory rules prescribing the method of inquiry or where the conclusion or finding reached from the disciplinary authority is based on no evidence. In case the summary or finding is including no reasonable person would have ever attained, the Court may possibly interfere with the conclusion or the finding and mold the relief to really make it correct into the facts of each case. In service jurisprudence, the disciplinary authority will be the sole judge of facts. Where the appeal is presented, the appellate authority has coextensive power to re-value the evidence or the nature of punishment. Within the aforesaid proposition, we have been fortified with the decision of your Supreme Court within the case of Ghulam Murtaza Shaikh v. Chief Minister Sindh (2024 SCMR 1757). Bench: Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) Source: Order: Downloads 337 Order Date: 24-JAN-twenty five Approved for Reporting WhatsApp
Matter:-DIRECTION Hon'ble Mr. Justice Adnan-ul-Karim Memon(Creator) Const. P. 255/2025 (S.B.) Zubaida W/O Muhammad Irfan V/S Inspector General of Police (IGP) Sindh and others Sindh High Court, Karachi SHC Citation: SHC-252210 Tag:The regulation enjoins the police to generally be scrupulously fair to your offender along with 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 law and order situation have been the topic of adverse comments from this Court together with from other courts Nevertheless they have did not 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 over 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.
Any court may search for to distinguish the present case from that of the binding precedent, to achieve a different summary. The validity of this type of distinction might or might not be accepted on appeal of that judgment to your higher court.
8. With the reasons stated above, this court finds the petition to generally be without legal or factual foundation and therefore dismisses it. This court concurs with the respondents' position as contend inside the comments, and their request is Therefore acceded to. All pending applications, if any, are dismissed. Read more
Therefore, this petition is found to be not maintainable and is also dismissed along with the pending application(s), as well as the petitioners may search for remedies through the civil court process as discussed supra. Read more