case law air 1964 ker 277 - An Overview

case law air 1964 ker 277 - An Overview

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9 . 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 legislation enjoins the police being scrupulously fair towards the offender as well as the 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 legislation and order situation have been the subject of adverse comments from this Court in addition to from other courts but 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 about 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.

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Given that the Supreme Court is the final arbitrator of all cases where the decision continues to be reached, therefore the decision in the Supreme Court needs to be taken care of as directed in terms of Article 187(2) on the Constitution. 10. We must dismiss these petitions because the Supreme Court has already ruled on this. Read more

Ordinarily, the burden rests with litigants to appeal rulings (which include People in obvious violation of proven case legislation) towards the higher courts. If a judge acts against precedent, plus the case is not really appealed, the decision will stand.

This is because transfer orders are typically thought of within the administrative discretion on the employer. However, there may very well be exceptions in cases where the transfer is enthusiastic by malice, personal vendetta, or discrimination against the employee, They might have grounds to challenge before the appropriate forum. Read more

Generally speaking, higher courts usually do not have direct oversight over the decreased courts of record, in that they cannot arrive at out on their initiative (sua sponte) at any time to overrule judgments of your lessen courts.

Inside the United States, consumers are not necessary to hire an attorney to represent them in either civil or criminal matters. Laypeople navigating the legal system on their individual can remember one particular rule of thumb when it comes to referring to case legislation or precedent in court documents: be as specific as you possibly can, leading the court, not only towards the case, but into the section and paragraph containing the pertinent information.

11 . Const. P. 1479/2024 (S.B.) Mst. Shir Bano and another V/S Province of Sindh and others Sindh High Court, Karachi Primarily, this is usually a free and democratic region, and once a person becomes a major he / she can marry whosoever he/she likes; If your parents on the boy or Woman do not approve of such inter-caste or interreligious marriage the utmost they can do if they will Reduce off social relations with the son or the daughter, Nonetheless they cannot give threats or commit or instigate for acts of violence and cannot harass the person who undergoes these inter-caste or inter-religious marriage. I therefore, direct that the administration/police authorities will see, if any boy or Woman who is major undergoes inter-caste or inter-religious marriage with a woman or male that's a major, the couple is neither harassed by everyone nor subjected to threats or acts of violence and anyone who presents these threats or harasses or commits acts of violence both himself or at his instigation, is taken to task by instituting criminal proceedings by the police against these kinds of persons and further stern action is taken against this sort of person(s) as provided by regulation.

The DCFS social worker in charge on the boy’s case experienced the boy made a ward of DCFS, and in her six-thirty day period report into the court, the worker elaborated over the boy’s sexual abuse history, and stated that she planned to move him from a facility into a “more homelike setting.” The court approved her plan.

Article 27 with the Constitution does not only safeguard against discrimination within the time of appointment of service but after the appointment also. The disparity in the pay out scale allowances of Stenographers from the District Judiciary is inside the crystal clear negation from the legislation laid down because of the Supreme Court in its various pronouncements. Read more

In other circumstances as discussed supra pensionary benefits cannot be stopped read more on account of criminal charges after the retirement of two years; and, is violative with the legislation laid down through the Supreme Court inside the case of Haji Muhammad Ismail Memon, PLD 2007 SC 35. Therefore, the competent authority of the parent department in the petitioner plus the Chief Secretary, Sindh, are liable to release the pensionary amount with the petitioner and pay back the pension amount and other ancillary benefits on the petitioner to which he is entitled under the law within two months from the date of receipt of this order. The competent authority from the respondent can also be directed to recalculate the pensionary benefits of your petitioner and increases accrued thereon the withheld pensionary benefits with effect from stopping to date. Read more

ten. Based on the findings of the inquiry committee, this petition is not really deemed maintainable which is therefore liable to get dismissed, which is dismissed accordingly with pending application(s) if any. Read more

156 . Const. P. 1015/2021 (D.B.) Muhammad Saleem Jehangir V/S Province of Sindh and Others Sindh High Court, Karachi It is additionally important to note that neither seniority nor promotion could be the vested right of the civil servant, therefore, neither any seniority nor any promotion may be claimed or granted without the actual size of service on account of vested rights. The purpose of prescribing a particular size of service for turning into entitled to become thought of for promotion to your higher quality, of course, is just not without logic since the officer who's initially inducted to the particular post needs to provide to the stated post to gain experience to hold the next higher post also to provide the public in the befitting method.

Summaries give a condensed overview of offences and their penalties, and also the procedural elements of prosecuting and punishing individuals accused of committing crimes.