CASE LAW CITATION US - AN OVERVIEW

case law citation us - An Overview

case law citation us - An Overview

Blog Article

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, examine crimes, and prosecute them before the Courts, also to prevent the commission of crime, and earlier mentioned all, ensure law and order to protect citizens' lives and property. The regulation enjoins the police to become scrupulously fair for the offender along with the Magistracy is to be 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 as well as from other Courts, but they have failed to have any corrective effect on it.

It is also important to note that granting of seniority into a civil servant without the actual duration of service nearly violates your entire service framework to be a civil servant inducted in Quality seventeen by claiming such benefit without any experience be directly posted in almost any higher grade, which is neither the intention from the regulation nor of your equity. Read more

If the DIGP finds evidence of the cognizable offense by either party, he shall direct the relevant SHO to record statements and progress according towards the regulation. This petition stands disposed of in the above terms. Read more

Should the employee fails to provide a grievance notice, the NIRC may perhaps dismiss the grievance petition. This is because the employer hasn't had a chance to reply to the grievance and attempt to resolve it. In certain cases, the NIRC may well allow the employee to amend the grievance petilion to include the grievance notice. However, this is generally only completed In the event the employee can show that that they had a good reason for not serving the grievance notice. From the present case, the parties were allowed to lead evidence and also the petitioner company responded to your allegations as a result they were effectively aware of the allegations and led the evidence as a result this point is ofno use to generally be looked into in constitutional jurisdiction at this stage. Read more

Consequently, the petition and any related applications are dismissed. The Petitioner should go after his remedy through an appeal before the competent authority. If these types of an appeal has not but been decided, it should be addressed. Following that decision, the Petitioner may possibly then request further recourse before the Service Tribunal. Read more

These past decisions are called "case regulation", or precedent. Stare decisis—a Latin phrase meaning "Enable the decision stand"—is definitely the principle by which judges are bound to such past decisions, drawing on established judicial authority to formulate their positions.

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 12 Justice of your Peace u/s 22-A isn't obliged to afford a chance of hearing to your accused party; nor obliged to necessarily or mechanically issue directions for registration of FIR; but is needed to look at all relevant factors, with care and caution; to avoid machinery of criminal legislation from being misused; frivolous complaints must be discouraged; relationship, enmity, transactions, litigation and other remedies, are many of the relevant factors. Read more

The law as set up in previous court rulings; like common regulation, which springs from judicial website decisions and tradition.

161 . Const. P. 642/2023 (D.B.) Fatima Noor V/S Dow University of Health Science and Others Sindh High Court, Karachi Coming for the main case, it is also a effectively-recognized 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 succeed in a finding of fact or summary. But that finding must be based on some evidence. Neither the technical rules nor proof of the fact or evidence while in the Stricto-Sensu, implement to disciplinary proceedings. When the authority accepts that evidence and conclusion obtain support therefrom, the disciplinary authority is entitled to hold that the delinquent officer is guilty in the charge, however, that is subject matter on the procedure provided under the relevant rules and never 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 around the evidence.

twelve. There is no denial from the fact that in Government service it is predicted that the persons owning their character earlier mentioned board, free from any moral stigma, are for being inducted. Verification of character and antecedents is usually a condition precedent for appointment to the Government service. The candidates must have good character and supply two recent character certificates from unrelated individuals. What is discernible from the above is that the only impediment to being appointed to the Government service is definitely the conviction on an offense involving moral turpitude but involvement, which does not culminate into a proof by conviction, cannot be a method out or guise to do absent with the candidature of the petitioner. Bench: Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Writer) Source: Order: Downloads 185 Order Date: 15-JAN-twenty five Approved for Reporting WhatsApp

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 about the police, they usually must bear in mind, as held by this Court from time to time in its different pronouncemnts, that if a person is arrested for your crime, his constitutional and fundamental rights must not be violated. Primarily, the Police Officers are needed to protect rather than abduct. Read more

ten. Based on the findings with the inquiry committee, this petition is not deemed maintainable and it is therefore liable to become dismissed, which is dismissed accordingly with pending application(s) if any. Read more

156 . Const. P. 1015/2021 (D.B.) Muhammad Saleem Jehangir V/S Province of Sindh and Others Sindh High Court, Karachi It is also important to note that neither seniority nor promotion is definitely the vested right of a civil servant, therefore, neither any seniority nor any promotion could be claimed or granted without the actual length of service on account of vested rights. The purpose of prescribing a particular duration of service for turning into entitled to generally be regarded as for promotion to the higher grade, of course, is not really without logic because the officer that's at first inducted to your particular post needs to serve about the reported post to gain experience to hold the next higher post and to serve the public inside of a befitting method.

Summaries provide a condensed overview of offences and their penalties, and also the procedural aspects of prosecuting and punishing individuals accused of committing crimes.

Report this page