case law air 1964 ker 277 - An Overview
case law air 1964 ker 277 - An Overview
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Given that the Supreme Court is the final arbitrator of all cases where the decision continues to be arrived at, therefore the decision from the Supreme Court needs to be taken care of as directed in terms of Article 187(two) with the Constitution. 10. We must dismiss these petitions because the Supreme Court has already ruled on this. Read more
The a good amount 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 for the crime, his constitutional and fundamental rights must not be violated. However it can be made apparent that police is free to choose action against any person that's indulged in criminal activities subject to law. 8. The DIGP concerned is directed to prioritize this matter and, after hearing both parties within two weeks, address the alleged police misconduct. In case the officials are found culpable, departmental proceedings for their punishment must be initiated, plus they shall be assigned non-industry duties in the interim period. Bench: Hon'ble Mr. Justice Adnan-ul-Karim Memon(Creator) Source: Order: Downloads 113 Order Date: 08-APR-25 Approved for Reporting WhatsApp
This is because transfer orders are typically regarded within the administrative discretion from the employer. However, there may very well be exceptions in cases where the transfer is determined by malice, personal vendetta, or discrimination against the employee, They could have grounds to challenge before the right forum. Read more
Though there is not any prohibition against referring to case regulation from a state other than the state in which the case is being read, it holds minimal sway. Still, if there is not any precedent in the home state, relevant case regulation from another state might be deemed with the court.
Inside the United States, men and women are not required to hire an attorney to represent them in both civil or criminal matters. Laypeople navigating the legal system on their possess can remember one particular rule of thumb when it comes to referring to case legislation or precedent in court documents: be as specific as is possible, leading the court, not only to the case, but towards the section and paragraph containing the pertinent information.
However it truly is made apparent that police is free to consider action against any person that is indulged in criminal activities subject matter to legislation. However no harassment shall be caused towards the petitioner, if she acts within the bonds of regulation. Police shall also assure regard of your family shed in accordance with law and if they have reasonable ground to prevent the congnizable offence they will act, so far as raiding the house is concerned the police shall secure concrete evidence and obtain necessary permission from the concerned high police official/Magistrate as being a issue of security of your house is concerned, which just isn't public place under the Act 1977. 9. Taking into consideration the aforementioned details, the objective of filing this petition has been accomplished. As a result, this petition is hereby disposed of while in the terms stated previously mentioned. Bench: Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) Source: Order: click here Downloads 40 Order Date: 08-APR-twenty five Approved for Reporting WhatsApp
ten. Without touching the merits on the case in the issue of annual increases from the pensionary emoluments in the petitioner, in terms of policy decision from the provincial government, these kinds of yearly increase, if permissible during the case of employees of KMC, requires further assessment for being made via the court of plenary jurisdiction. KMC's reluctance due to funding issues and not enough adoption of provincial increases, creates a factual dispute that cannot be resolved in writ jurisdiction, necessitating the petitioner to pursue other legal avenues. Read more
This Court could interfere where the authority held the proceedings against the delinquent officer inside of a fashion inconsistent with the rules of natural justice or in violation of statutory rules prescribing the mode of inquiry or where the conclusion or finding arrived at from the disciplinary authority is based on no evidence. If the summary or finding is for instance no reasonable person would have ever arrived at, the Court might interfere with the summary or perhaps the finding and mould the relief to make it appropriate on the facts of every 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-respect the evidence or perhaps the nature of punishment. To the aforesaid proposition, we've been fortified by the decision of the Supreme Court from 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-25 Approved for Reporting WhatsApp
Matter:-DIRECTION Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) 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 being scrupulously fair on the offender as well as Magistracy is to guarantee 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 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 a lot of this power casts an obligation on 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.
The reason for this difference is that these civil law jurisdictions adhere to the tradition that the reader should have the ability to deduce the logic from the decision and also the statutes.[four]
8. For that 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 during the comments, and their request is thus acceded to. All pending applications, if any, are dismissed. Read more
The Court directed the Chief Secretary of Sindh to ensure the Act's effective implementation in line with its primary purpose and called for educational programs Bachelor degree(s) in the subject of cooperative societies. Read more