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As the Supreme Court could be the final arbitrator of all cases where the decision is arrived at, therefore the decision on the Supreme Court needs to be taken care of as directed in terms of Article 187(2) of your Constitution. 10. We must dismiss these petitions because the Supreme Court has already ruled on this. Read more
The lots 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. However it is actually made clear that police is free to get action against any person who's indulged in criminal activities matter 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, and they shall be assigned non-field duties in the interim period. Bench: Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) Source: Order: Downloads 113 Order Date: 08-APR-twenty five Approved for Reporting WhatsApp
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 set forth would not implement, as being the criminal Court hasn't convicted the petitioner, rather he continues to be acquitted of the criminal charges based on evidence and it's effectively-settled legislation that once the civil servant is acquitted from the criminal case, then on this very charge he cannot be awarded in any punishment from the department and held him disqualified for your post because acquittal for all potential purposes. The aforesaid proposition has become established at naught because of 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 moment Petition under Article 199 of the Constitution based about the doctrine of laches as this petition was filed in 2016, whereas the alleged cause of action accrued to the petitioner in 1992. The petitioner asserts that he pursued his legal remedy just after involvement inside the FIR lodged by FIA and from the intervening period the respondent dismissed him from service where after he preferred petition No.
The Roes accompanied the boy to his therapy sessions. When they were instructed with the boy’s past, they requested if their children were Risk-free with him in their home. The therapist confident them that that they had absolutely nothing to fret about.
Amir Abdul Majid, 2021 SCMR 420. twelve. There is no denial from the fact that in Government service it is anticipated that the persons getting their character higher than board, free from any moral stigma, are for being inducted. Verification of character and antecedents is actually a condition precedent for appointment to the Government service. The candidates must have good character and provide two recent character certificates from unrelated individuals. What is discernible from the above is that the only impediment to being appointed into a Government service is the conviction on an offense involving moral turpitude but involvement, which does not culminate into a proof by conviction, cannot be a method out or guise to carry out away with the candidature with the petitioner. Read more
163 . Const. P. 4965/2023 (D.B.) Saleem Khan V/S Province of Sindh & Others Sindh High Court, Karachi It truly is nicely-settled that when thinking about the case of normal promotion of civil servants, the competent authority needs to take into account the merit of every one of the qualified candidates and after owing deliberations, to grant promotion to such qualified candidates who will be found for being most meritorious amongst them. For the reason that petitioner was held to get senior to his colleagues who were promoted in BS-19, the petitioner was dismissed because of the respondent department just to extend favor for the blue-eyed candidate based on OPS, which is apathy to the part on the respondent department.
The law of necessity identified 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 legislation of necessity..
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These lists are sorted chronologically by Chief Justice and consist of all notable cases decided with the court. Articles exist for almost all cases.
171 . Const. P. 1832/2019 (D.B.) Muhammad Fakhar ul Hasnain V/S Province of Sindh & Others Sindh High Court, Karachi It is nicely established now that the provision for proforma promotion just isn't alien or unfamiliar for the civil servant service construction however it is already embedded in Fundamental Rule seventeen, wherein it is actually lucidly enumerated that the appointing authority may perhaps if satisfied that a civil servant who was entitled to generally be promoted from a particular date was, for no fault of his possess, click here wrongfully prevented from rendering service on the Federation/ province while in the higher post, direct that these kinds of civil servant shall be paid the arrears of shell out and allowances of these kinds of higher post through proforma promotion or upgradation arising from the antedated fixation of his/her seniority. Read more
Criminal cases Within the common legislation tradition, courts decide the regulation applicable to some case by interpreting statutes and implementing precedents which record how and why prior cases have been decided. In contrast to most civil law systems, common legislation systems Adhere to the doctrine of stare decisis, by which most courts are bound by their very own previous decisions in similar cases. According to stare decisis, all decrease courts should make decisions regular with the previous decisions of higher courts.