case law air 1964 ker 277 - An Overview
case law air 1964 ker 277 - An Overview
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Given that the Supreme Court would be the final arbitrator of all cases where the decision has become reached, therefore the decision in the Supreme Court needs to be taken care of as directed in terms of Article 187(2) with the Constitution. ten. We must dismiss these petitions because the Supreme Court has already ruled on this. Read more
Article 199 of the Constitution allows High Court intervention only when "no other suitable remedy is provided by legislation." It's very well-settled that an aggrieved person must exhaust available remedies before invoking High Court jurisdiction, regardless of whether Individuals remedies suit them. The doctrine of exhaustion of remedies prevents unnecessary High Court litigation. Read more
Matter:-HARASSMENT Hon'ble Mr. Justice Adnan-ul-Karim Memon(Writer) Const. P. 235/2025 (S.B.) Atif S/o Latif V/S Province of Sindh and others Sindh High Court, Karachi SHC Citation: SHC-252216 Tag:The law enjoins the police being scrupulously fair for the offender and the Magistracy is to make sure 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 topic of adverse comments from this Court in addition to from other courts Nevertheless they have failed to 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.
In case the employee fails to provide a grievance notice, the NIRC could dismiss the grievance petition. This is because the employer hasn't had a chance to answer the grievance and attempt to resolve it. In a few cases, the NIRC could allow the employee to amend the grievance petilion to incorporate the grievance notice. However, this is frequently only carried out If your employee can show that they'd a good reason for not serving the grievance notice. In the present case, the parties were allowed to steer evidence along with the petitioner company responded into the allegations as such they were nicely conscious of the allegations and led the evidence as such this point is ofno use to get appeared into in constitutional jurisdiction at this stage. Read more
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 established forth would not implement, given that the criminal Court hasn't convicted the petitioner, somewhat he has long been acquitted of your criminal charges based on evidence and it is actually very well-settled law that once the civil servant is acquitted within the criminal case, then on this really charge he cannot be awarded in almost any punishment by the department and held him disqualified for that post because acquittal for all long term purposes. The aforesaid proposition has actually been set at naught because of the Supreme Court of Pakistan during the case of the District Police Officer Mainwali and 2 others v.
Generally speaking, higher courts do not have direct oversight over the reduce courts of record, in that they cannot achieve out on their initiative (sua sponte) at any time to overrule judgments on the decrease courts.
The Roes accompanied the boy to his therapy sessions. When they were instructed with the boy’s past, they asked if their children were Protected with him in their home. The therapist certain them that that they had nothing at all to worry about.
168 . H.C.A 203/2016 (D.B.) Saleh Muhammad V/S Faqir Muhammad & others Sindh High Court, Karachi Matter: Appeal At times it really is hassle-free for a Judge to dismiss the suit for non-prosecution, however, a Judge is under the obligation for making an attempt to eliminate a case on advantage and more importantly when after recording of evidence it's got achieved to some stage of final arguments, endeavors should be made for benefit disposal when it's achieved this kind of stage. Read more
In some jurisdictions, case regulation is usually applied to ongoing adjudication; for example, criminal proceedings or family legislation.
This Court may interfere where the authority held the proceedings against the delinquent officer in a manner inconsistent with the rules of natural justice or in violation of statutory rules prescribing the method of inquiry or where the conclusion or finding attained via the disciplinary authority is based on no evidence. Should the summary or finding is which include no reasonable person would have ever arrived at, the Court may well interfere with the conclusion or the finding and mildew the relief to make it suitable to your facts of every 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-appreciate the evidence or maybe the nature of punishment. Over the aforesaid proposition, we have been fortified with the decision of your 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
In other circumstances as discussed supra pensionary benefits cannot be stopped on account of criminal check here charges after the retirement of two years; and, is violative on the legislation laid down with the Supreme Court inside the case of Haji Muhammad Ismail Memon, PLD 2007 SC 35. Consequently, the competent authority of your parent department with the petitioner as well as Chief Secretary, Sindh, are liable to release the pensionary amount with the petitioner and pay the pension amount and other ancillary benefits to your petitioner to which He's entitled under the law within two months from the date of receipt of this order. The competent authority on the respondent is likewise directed to recalculate the pensionary benefits from the petitioner and increases accrued thereon the withheld pensionary benefits with effect from stopping to date. Read more
Statutory laws are All those created by legislative bodies, for example Congress at both the federal and state levels. Although this style of law strives to condition our society, delivering rules and guidelines, it would be unattainable for just about any legislative body to anticipate all situations and legal issues.
8. To the reasons stated earlier mentioned, this court finds the petition to generally be without legal or factual foundation and therefore dismisses it. This court concurs with the respondents' position as contend from the comments, and their request is As a result acceded to. All pending applications, if any, will also be dismissed. Read more
Summaries offer a condensed overview of offences and their penalties, along with the procedural components of prosecuting and punishing individuals accused of committing crimes.