nine . 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 The law enjoins the police to get scrupulously fair on the offender as well as Magistracy is to be 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 subject of adverse comments from this Court in addition to from other courts However 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 lots of this power casts an obligation around the police and it must bear in mind, as held by this Court that if a person is arrested for the crime, his constitutional and fundamental rights must not be violated.
It is usually important to note that granting of seniority to the civil servant without the actual size of service nearly violates the whole service structure for a civil servant inducted in Quality seventeen by claiming these types of benefit without any experience be directly posted in almost any higher quality, which is neither the intention in the law nor from the equity. Read more
fourteen. Within the light on the position explained earlier mentioned, it really is concluded that a civil servant has a fundamental right being 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 individual and meanwhile he retired on attaining the age of superannuation without any shortcoming on his part about deficiency during 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(Creator) Source: Order: Downloads 433 Order Date: 24-JAN-25 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 to be a legally recognized conviction. Read more
Therefore, this petition is found being not maintainable and is dismissed along with the pending application(s), as well as petitioners may possibly request remedies through the civil court process as discussed supra. Read more
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In the United States, courts exist on both the federal and state levels. The United States Supreme Court is definitely the highest court during the United States. Lessen courts over the federal level involve the U.S. Courts of Appeals, U.S. District Courts, the U.S. Court of Claims, plus the U.S. Court of International Trade and U.S. Bankruptcy Courts. Federal courts hear cases involving matters related to the United States Constitution, other federal laws and regulations, and certain matters that involve parties from different states or countries and large sums of money in dispute. Each individual state has its individual judicial system that incorporates trial and appellate courts. The highest court in Just about every state is usually referred to given that the “supreme” court, Whilst there are some exceptions to this rule, for example, the Big apple Court of Appeals or even the Maryland Court of Appeals. State courts generally listen to cases involving state constitutional matters, state legislation and regulations, While state courts might also generally listen to cases involving federal laws.
We are an independent branch of government constitutionally entrusted with the fair and just resolution of disputes in order to preserve the rule of regulation also to protect the rights and liberties guaranteed because of the Constitution and laws with the United States and this State.
161 . Const. P. 642/2023 (D.B.) Fatima Noor V/S Dow University of Health Science and Others Sindh High Court, Karachi Coming to your main case, It is additionally a properly-established 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 achieve 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 obtain support therefrom, the disciplinary authority is entitled to hold that the delinquent officer is guilty on the charge, however, that is issue to the procedure provided under the relevant rules and not otherwise, for that reason that the Court in its power of judicial review does not work as appellate authority to re-appreciate the evidence and to arrive at its independent findings on the evidence.
Summaries offer concise explanations of legal principles and significant cases pertaining to land ownership, real estate transactions, property rights, and related matters, assisting you in understanding the intricacies of land and property legislation.
Matter:-DIRECTION Hon'ble Mr. Justice Adnan-ul-Karim Memon(Writer) 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 get scrupulously fair to your offender and also the Magistracy is to make certain 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 in addition to from other courts Nonetheless they have didn't 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 good amount of this power casts an obligation within 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.
Summaries of cases that shape the lives of younger individuals, making certain a deeper understanding of justice within the juvenile system. Knowledge that matters, crafted for legal professionals and enthusiasts alike.
156 . Const. P. 1015/2021 (D.B.) Muhammad Saleem Jehangir V/S Province of Sindh and Others Sindh High Court, Karachi It's also 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 duration of service on account of vested rights. The purpose here of prescribing a particular length of service for starting to be entitled for being viewed as for promotion to some higher quality, of course, isn't without logic as being the officer who's in the beginning inducted to some particular post needs to provide on the mentioned post to gain experience to hold the next higher post also to serve the public in the befitting manner.
Therefore, this petition is found to get not maintainable which is dismissed along with the pending application(s), plus the petitioners may well look for remedies through the civil court process as discussed supra. Read more
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