Details, Fiction and fishing expedition case law
Details, Fiction and fishing expedition case law
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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 in the police is to apprehend offenders, look into crimes, and prosecute them before the Courts, also to prevent the commission of crime, and previously mentioned all, guarantee regulation and order to protect citizens' lives and property. The regulation enjoins the police for being scrupulously fair for 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. 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 along with from other Courts, Nonetheless they have failed to have any corrective effect on it.
The main objectives of police should be to apprehend offenders, investigate crimes, and prosecute them before the cours also to prevent to commission of crime, and over all guarantee legislation and order to protect citizen???s life and property. Read more
fourteen. During the light from the position explained above, it can be concluded that a civil servant features 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 viewed as for no fault of his personal and meanwhile he retired on attaining the age of superannuation without any shortcoming on his part about deficiency while in the duration of service or during 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(Author) Source: Order: Downloads 433 Order Date: 24-JAN-twenty five 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, and the role of "badal-i-sulh" in restorative justice. Distinction between probationary release and acquittal. Probationary release as a legally recognized conviction. Read more
Therefore, this petition is found to get not maintainable and is particularly dismissed along with the pending application(s), along with the petitioners could seek remedies through the civil court process as discussed supra. Read more
145 . 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 instant Petition under Article 199 on the Constitution based on the doctrine of laches as this petition was filed in 2016, whereas the alleged cause of action accrued on the petitioner in 1992. The petitioner asserts that he pursued his legal remedy just after involvement in the FIR lodged by FIA and while in the intervening period the respondent dismissed him from service where after he preferred petition No.
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Many judgments have affirmed that the mere registration of the crime does not represent a "public interest" justification for restricting a person's liberty. Therefore, the Respondent's actions in placing the Petitioner's name around the ECL based within the criminal case are inconsistent with recognized legal principles. Consequently, this petition must be allowed Read more
Only the written opinions in the Supreme Court as well as the Court of Appeals are routinely out there. Decisions in the reduce (trial) courts are certainly not generally published or dispersed.
This Court may interfere where the authority held the proceedings against the delinquent officer inside a way inconsistent with the rules of natural justice or in violation of statutory rules prescribing the manner of inquiry or where the conclusion or finding reached with the disciplinary authority is based on no evidence. Should the conclusion or finding is which include no reasonable person would have ever reached, the Court may interfere with the summary or even the finding and mildew the relief to really make it proper into the facts of every case. In service jurisprudence, the disciplinary authority would be the sole judge of facts. Where the appeal is presented, the appellate authority has coextensive power to re-take pleasure in the evidence or perhaps the nature of punishment. Around the aforesaid proposition, we have been fortified with the decision of the Supreme Court within 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 more info Adnan-ul-Karim Memon(Author) Source: Order: Downloads 337 Order Date: 24-JAN-25 Approved for Reporting WhatsApp
In other circumstances as discussed supra pensionary benefits cannot be stopped on account of criminal charges after the retirement of two years; and, is violative with the law laid down with the Supreme Court while in the case of Haji Muhammad Ismail Memon, PLD 2007 SC 35. So, the competent authority from the parent department with the petitioner as well as the Chief Secretary, Sindh, are liable to release the pensionary amount in the petitioner and pay back the pension amount and other ancillary benefits to your petitioner to which he is entitled under the law within two months from the date of receipt of this order. The competent authority in the respondent can be directed to recalculate the pensionary benefits with the petitioner and increases accrued thereon the withheld pensionary benefits with effect from stopping to date. Read more
10. Based over the findings of the inquiry committee, this petition will not be viewed as maintainable and is therefore liable to become dismissed, which is dismissed accordingly with pending application(s) if any. Read more
17 . Const. P. five/2024 (S.B.) Mst. Nasira Khalique Thr. Ms. Seema Khalique V/S The Province of Sindh and others Sindh High Court, Karachi 2025 SHC KHI forty six I have listened to the discovered counsel to the parties and perused the record with their assistance. I intentionally not making any detail comments since the issues of your matter between the parties pending adjudication before the concerned court with regard to your interim relief application in terms of Section 7(1) with the Illegal Dispossession Act 2005 to hand over possession with the subjected premises into the petitioner; that Illegal Dispossession Case needs to be decided via the competent court after hearing the parties if pending since the petitioner has already sought a similar prayer during the Illegal Dispossession case and as far as the restoration of possession of concerned the trial court should see this factor for interim custody of the subject premises In case the petitioner was found forcibly evicted from the premises in question if she possessed the valid rent agreement and decision be made within two weeks from the date of receipt of this order. Read more
refers to regulation that will come from decisions made by judges in previous cases. Case law, also known as “common law,” and “case precedent,” presents a common contextual background for certain legal concepts, And the way They can be applied in certain types of case.