case law air 1964 ker 277 - An Overview
case law air 1964 ker 277 - An Overview
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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 of the police is always to apprehend offenders, investigate crimes, and prosecute them before the Courts, also to prevent the commission of crime, and earlier mentioned all, ensure regulation and order to protect citizens' lives and property. The law enjoins the police to get scrupulously fair for the offender as well as the Magistracy is to make certain 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 regulation and order situation have been the topic of adverse comments from this Court in addition to from other Courts, Nevertheless they have didn't have any corrective effect on it.
In Dosso's case (1958), the Pakistan Supreme Court used jurist Hans Kelsen's theory that a revolution is often justified when The essential norm underlying a Constitution disappears plus a new system is put in its place.
Matter:-HARASSMENT Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) Const. P. 1479/2024 (S.B.) Mst. Shir Bano and another V/S Province of Sindh and others Sindh High Court, Karachi SHC Citation: SHC-252214 Tag:Primarily, this is a free and democratic place, and once a person becomes a major he or she can marry whosoever he/she likes; In the event the parents of the boy or girl usually do not approve of these inter-caste or interreligious marriage the maximum they're able to do if they can cut off social relations with the son or even the daughter, but they cannot give threats or commit or instigate for acts of violence and cannot harass the person who undergoes such inter-caste or inter-religious marriage. I therefore, direct that the administration/police authorities will see, if any boy or Lady that's major undergoes inter-caste or inter-religious marriage with a woman or gentleman that is a major, the pair is neither harassed by any individual nor subjected to threats or acts of violence and anybody who offers these threats or harasses or commits acts of violence possibly himself or at his instigation, is taken to job by instituting criminal proceedings with the police against these kinds of persons and further stern action is taken against this kind of person(s) as provided by legislation.
The a lot of this power casts an obligation over 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 really is made crystal clear that police is free to acquire action against any person that is 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. Should the officials are found culpable, departmental proceedings for their punishment must be initiated, plus they shall be assigned non-discipline duties within the interim period. 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 set forth would not utilize, as the criminal Court has not convicted the get more info petitioner, relatively he has long been acquitted in the criminal charges based on evidence and it can be well-settled law that once the civil servant is acquitted while in the criminal case, then on this extremely charge he cannot be awarded in any punishment with the department and held him disqualified for that post because acquittal for all upcoming purposes. The aforesaid proposition is established at naught by the Supreme Court of Pakistan within the case on the District Police Officer Mainwali and 2 others v.
In order to preserve a uniform enforcement in the laws, the legal system adheres to your doctrine of stare decisis
Inside the United States, courts exist on both the federal and state levels. The United States Supreme Court may be the highest court while in the United States. Lessen courts around the federal level incorporate the U.S. Courts of Appeals, U.S. District Courts, the U.S. Court of Claims, plus the U.S. Court of International Trade and U.S. Bankruptcy Courts. Federal courts listen to cases involving matters related towards the United States Constitution, other federal laws and regulations, and certain matters that entail parties from different states or countries and large sums of money in dispute. Each individual state has its own judicial system that includes trial and appellate courts. The highest court in Each and every state is usually referred to since the “supreme” court, Though there are a few exceptions to this rule, for example, the New York Court of Appeals or the Maryland Court of Appeals. State courts generally listen to cases involving state constitutional matters, state law and regulations, Even though state courts may generally hear cases involving federal laws.
Several 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 putting the Petitioner's name to the ECL based within the criminal case are inconsistent with established legal principles. As a result, this petition must be allowed Read more
163 . Const. P. 4965/2023 (D.B.) Saleem Khan V/S Province of Sindh & Others Sindh High Court, Karachi It truly is properly-settled that though thinking of the case of normal promotion of civil servants, the competent authority must evaluate the merit of many of the qualified candidates and after because of deliberations, to grant promotion to this kind of eligible candidates who will be found to get most meritorious amongst them. Considering that the petitioner was held being senior to his colleagues who were promoted in BS-19, the petitioner was ignored with the respondent department just to extend favor to your blue-eyed candidate based on OPS, which is apathy on the part of the respondent department.
139 . Const. P. 288/2024 (D.B.) Engro Fertilizers Limited through Asad Shakil Khan V/S Full Bench of NIRC & others Sindh High Court, Bench at Sukkur Bearing on the second issue of non-service of grievance notice. Under Section 33 with the Industrial Relations Ac1,2012 (lRA 2012), ifa grievance notice is not served, the grievance petition is often dismissed. This is because service with the grievance notice is really a mandatory necessity and also a precondition for filing a grievance petition. The regulation requires that a grievance notice be served around the employer before filing a grievance petition. This allows the employer to reply to the grievance and attempt to resolve it amicably. In the event the employer fails to respond or resolve the grievance, the employee can then file a grievance petition with the National Industrial Relations Commission CNIRC) When the organization is transprovincial.
The police have the power to arrest a person even without obtaining a warrant of arrest from a Court for cognizable offenses. The presence of this power casts an obligation on the police, and they must bear in mind, as held by this Court from time to time in its various pronouncemnts, that if a person is arrested for the crime, his constitutional and fundamental rights must not be violated. Primarily, the Police Officers are needed to protect and never abduct. Read more
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In determining whether employees of DCFS are entitled to absolute immunity, which is generally held by certain government officials performing within the scope of their employment, the appellate court referred to case legislation previously rendered on similar cases.
The Court directed the Chief Secretary of Sindh to make sure the Act's effective implementation in line with its authentic purpose and called for educational programs Bachelor diploma(s) in the topic of cooperative societies. Read more