Top latest Five latest pakistani case law Urban news
Top latest Five latest pakistani case law Urban news
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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 of your police would be to apprehend offenders, examine crimes, and prosecute them before the Courts, also to prevent the commission of crime, and above all, make sure regulation and order to protect citizens' lives and property. The law enjoins the police to generally be scrupulously fair to the offender and the Magistracy is to make sure 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 law and order situation have been the topic of adverse comments from this Court in addition to from other Courts, Nevertheless they have did not have any corrective effect on it.
It's also important to note that granting of seniority to a civil servant without the actual duration of service virtually violates all the service construction for a civil servant inducted in Grade 17 by claiming these types of benefit without any experience be directly posted in any higher grade, which is neither the intention of the regulation nor on the equity. Read more
In case the DIGP finds evidence of a cognizable offense by either party, he shall direct the relevant SHO to record statements and move forward according for the law. This petition stands disposed of in the above mentioned terms. Read more
The a good amount 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 a crime, his constitutional and fundamental rights must not be violated. However it truly is made obvious that police is free to consider action against any person that is indulged in criminal activities issue 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 the event the officials are found culpable, departmental proceedings for their punishment must be initiated, they usually shall be assigned non-field duties from the interim period. Read more
thirteen. The Supreme Court has held that the moment the act of misconduct is founded and also the employee is found guilty after due process of regulation, it's the prerogative of the employer to decide the quantum of punishment, outside of the varied penalties provided in regulation. The casual or unpremeditated observation that the penalty imposed is not really proportionate with the seriousness from the act of misconduct is not satisfactory even so the order must show that the competent authority has applied its mind and exercised the discretion in a structured and lawful fashion. Read more
The proposal seems to be reasonable and acceded to. While in the meantime police shall remain neutral during the private dispute between the parties, however, if any in the individuals is indulged in criminal activity the police shall get prompt action against them under legislation. five. The instant petition is disposed of in the above mentioned terms. Read more
All executive and judicial authorities throughout Pakistan are obligated to act in aid with the Supreme Court, guaranteeing the enforcement of its judgments. As the Supreme Court is definitely the final arbitrator of all cases where the decision has become attained, the decision of your Supreme Court needs to get taken care of as directed in terms of Article 187(2) with the Constitution. Read more
We are an independent branch of government constitutionally entrusted with the fair and just resolution of disputes in order to preserve the rule of legislation also to protect the rights and liberties guaranteed with the Constitution and laws on the United States and this State.
Only the written opinions of the Supreme Court plus the Court of Appeals are routinely offered. Decisions on the lower (trial) courts are certainly not generally published or dispersed.
The law of necessity acknowledged and upheld by Pakistan's highest judicial body has proved an honorable protection for military adventure in civil government.it was the illegal action called regulation of necessity..
182 . Const. P. 6025/2024 (D.B.) Dr. Pritam Das V/S Province of Sindh & Others Sindh High more info Court, Karachi So far as the stance of your respondents that pensionary benefits could be withheld on account from the allegations leveled against the petitioner, inside our view, section 20 with the Sindh Civil Servants Act of 1973 deals with the pension and gratuity that civil servants are entitled to. However, the act does supply for certain circumstances under which a civil servant's pension may be withheld or reduced. These incorporate if a civil servant is found guilty of misconduct or negligence during their service, their pension may very well be withheld or reduced. If a civil servant is convicted of a significant crime, their pension could possibly be withheld or reduced. In certain cases, a civil servant's pension may be withheld or reduced if he/she fails to comply with certain conditions set via the government.
If granted absolute immunity, the parties would not only be protected from liability while in the matter, but could not be answerable in any way for their actions. When the court delayed making this kind of ruling, the defendants took their request for the appellate court.
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Matter:-SERVICE Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) Const. P. 642/2023 (D.B.) Fatima Noor V/S Dow University of Health Science and Others Sindh High Court, Karachi SHC Citation: SHC-225471 Tag:Coming into the main case, It's also a properly-proven proposition of legislation 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 succeed in a finding of fact or summary. But that finding must be based on some evidence. Neither the technical rules nor proof of a fact or evidence within the Stricto-Sensu, apply 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 in the charge, however, that is topic for the procedure provided under the relevant rules and not otherwise, for your reason that the Court in its power of judicial review does not act as appellate authority to re-value the evidence and to arrive at its independent findings around the evidence.