Details, Fiction and fishing expedition case law
Details, Fiction and fishing expedition case law
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These provisions utilize to cases where evidence was recorded after the QSO's enforcement, whether or not the transaction occurred previous to its promulgation. Read more
The police has the power to arrest a person even without obtaining a warrant of arrest from a court. The an abundance of this power casts an obligation to 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. Read more
However, decisions rendered with the Supreme Court on the United States are binding on all federal courts, and on state courts regarding issues on the Constitution and federal legislation.
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This Court could interfere where the authority held the proceedings against the delinquent officer within a manner inconsistent with the rules of natural justice or in violation of statutory rules prescribing the manner of inquiry or where the summary or finding achieved from the disciplinary authority is based on no evidence. If the summary or finding is for instance no reasonable person would have ever achieved, the Court might interfere with the summary or perhaps the finding and mold the relief to really make it acceptable for the facts of each case. In service jurisprudence, the disciplinary authority is definitely 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. About the aforesaid proposition, we are fortified by the decision of your Supreme Court while in the case of Ghulam Murtaza Shaikh v. Chief Minister Sindh (2024 SCMR 1757). Read more
The proposal appears to be reasonable and acceded to. Within the meantime police shall remain neutral from the private dispute between the parties, however, if any on the individuals is indulged in criminal activity the police shall consider prompt action against them under law. five. The moment petition is disposed of in the above terms. Read more
27 . Const. P. 4002/2011 (D.B.) Ibrahim Noor V/S Pakistan International Airlines Corporation & Ors. Sindh High Court, Karachi Even, if a petitioner was acquitted in a very criminal case following a conviction, in NAB Reference No. twenty/2011, this does not automatically result in exoneration from departmental charges based about the same factual grounds. Though a writ under Article 199 is accessible in specific limited situations, it truly is generally not the right remedy to contest a dismissal from service based on these charges, particularly when the employee was afforded a full opportunity to cross-analyze witnesses and present his/her defense but didn't encourage the department of his/her innocence.
S. Supreme Court. Generally speaking, proper case citation consists of the names with the parties to the initial case, the court in which the case was read, the date it had been decided, as well as book in which it truly is recorded. Different citation requirements may well consist of italicized or underlined text, and certain specific abbreviations.
10. Without touching the merits on the case of your issue of once-a-year increases from the pensionary emoluments of the petitioner, in terms of policy decision in the provincial government, these types of once-a-year increase, if permissible in the case of employees of KMC, requires further assessment being made by 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, requiring the petitioner to pursue other legal avenues. Read more
This Court may possibly interfere where the authority held the proceedings against the delinquent officer within a way inconsistent with the rules of natural justice or in violation of statutory rules prescribing the manner of inquiry or where the summary or finding achieved via the disciplinary authority is based on no evidence. Should the summary or finding is like no reasonable person would have ever reached, the Court may interfere with the summary or perhaps the finding and mould the relief to really make it proper towards the facts of each case. In service jurisprudence, the disciplinary authority is 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. Over the aforesaid proposition, we're fortified through the decision with the Supreme Court inside 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-twenty five Approved for Reporting WhatsApp
Matter:-DIRECTION Hon'ble Mr. Justice Adnan-ul-Karim Memon(Writer) 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 law enjoins the police to be scrupulously fair for the offender and the Magistracy is to make certain 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 topic of adverse comments from this Court together with from other courts website However 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 lot of this power casts an obligation within 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.
Summaries of cases that shape the lives of younger individuals, ensuring a further understanding of justice within the juvenile system. Knowledge that matters, crafted for legal professionals and lovers alike.
Previous four tax years interpreted. It isn't from the date of finalisation of audit but from the tax year involved. Read more
The acquired Tribunal shall decide the case on merits, without being influenced from the findings from the Impugned order, after recording of evidence of the respective parties. Read more