famous case laws in pakistan Secrets
famous case laws in pakistan Secrets
Blog Article
Google Scholar – an unlimited database of state and federal case law, which is searchable by keyword, phrase, or citations. Google Scholar also allows searchers to specify which level of court cases to search, from federal, to specific states.
Article 199 from the Constitution allows High Court intervention only when "no other suitable remedy is provided by law." It's well-settled that an aggrieved person must exhaust offered remedies before invoking High Court jurisdiction, regardless of whether those remedies suit them. The doctrine of exhaustion of remedies prevents unnecessary High Court litigation. Read more
fourteen. Within the light from the position explained earlier mentioned, it can be concluded that a civil servant includes a fundamental right to become promoted even after his retirement by awarding proforma promotion; provided, his right of promotion accrued during his service but couldn't be considered for no fault of his very own and In the meantime he retired on attaining the age of superannuation without any shortcoming on his part about deficiency while in the size of service or inside 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
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 made distinct that police is free to get action against any person who's indulged in criminal activities matter to legislation. 8. The DIGP concerned is directed to prioritize this matter and, after hearing both parties within two months, address the alleged police misconduct. Should the officials are found culpable, departmental proceedings for their punishment must be initiated, they usually shall be assigned non-industry 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
This Court may perhaps 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 mode of inquiry or where the summary or finding attained with the disciplinary authority is based on no evidence. In case the summary or finding is for example no reasonable person would have ever achieved, the Court may possibly interfere with the conclusion or even the finding and mold the relief to make it suitable 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-value the evidence or the nature of punishment. On the aforesaid proposition, we've been fortified via the decision of your Supreme Court from the case of Ghulam Murtaza Shaikh v. Chief Minister Sindh (2024 SCMR 1757). Read more
The proposal is apparently reasonable and acceded to. In the meantime police shall remain neutral inside the private dispute between the parties, however, if any in the common law cases individuals is indulged in criminal action the police shall acquire prompt action against them under regulation. 5. The instant petition is disposed of in the above terms. Read more
116 . Cr.Misc. 787/2024 (S.B.) Muhammad Anwar V/S S.P Complaint Cell Hyderabad & Others Sindh High Court, Circuit at Hyderabad 2025 SHC HYD twelve Justice in the Peace u/s 22-A isn't obliged to afford a chance of hearing to the accused party; nor obliged to essentially or mechanically issue directions for registration of FIR; but is needed to consider all relevant factors, with care and caution; to avoid machinery of criminal regulation from being misused; frivolous complaints must be discouraged; relationship, enmity, transactions, litigation and other remedies, are a number of the relevant factors. Read more
If you find an error during the information of a published opinion (such as a misspelled name or maybe a grammatical error), please notify the Reporter of Decisions. TVW
161 . Const. P. 642/2023 (D.B.) Fatima Noor V/S Dow University of Health Science and Others Sindh High Court, Karachi Coming to your main case, Additionally it is a effectively-established proposition of regulation 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 achieve a finding of fact or conclusion. But that finding must be based on some evidence. Neither the technical rules nor proof of a fact or evidence during the Stricto-Sensu, implement to disciplinary proceedings. When the authority accepts that evidence and conclusion acquire support therefrom, the disciplinary authority is entitled to hold that the delinquent officer is guilty with the charge, however, that is topic to the procedure provided under the relevant rules rather than otherwise, for your reason that the Court in its power of judicial review does not act as appellate authority to re-enjoy the evidence and to arrive at its independent findings over the evidence.
Matter:-PROTECTION Hon'ble Mr. Justice Adnan-ul-Karim Memon(Creator) Const. P. 114/2025 (S.B.) Mst. Zoya and another V/S The Province of Sindh and others Sindh High Court, Karachi SHC Citation: SHC-251830 Tag:Additionally, the main objectives with the police is usually to apprehend offenders, investigate crimes, and prosecute them before the Courts, also to prevent the commission of crime, and above all, assure legislation and order to protect citizens' lives and property. The legislation enjoins the police for being scrupulously fair to your offender along with 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 legislation and order situation have been the topic of adverse comments from this Court and also from other Courts, Nonetheless they have didn't have any corrective effect on it.
This page contains slip opinions. Slip opinions are classified as the opinions that are filed within the day that the appellate court issues its decision and are often not the court's final opinion.
10. Based within the findings with the inquiry committee, this petition will not be deemed maintainable and is therefore liable being dismissed, which is dismissed accordingly with pending application(s) if any. Read more
Because of their position between the two main systems of legislation, these types of legal systems are sometimes referred to as mixed systems of legislation.
The learned Tribunal shall decide the case on merits, without being influenced with the findings within the Impugned order, after recording of evidence in the respective parties. Read more