The best Side of pld case laws
The best Side of pld case laws
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nine . 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 The law enjoins the police to be scrupulously fair for the offender as well as Magistracy is to be 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 and from other courts 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 loads of this power casts an obligation around 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.
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 set in its place.
fourteen. While in the light on the position explained previously mentioned, it truly is concluded that a civil servant provides a fundamental right to be promoted even after his retirement by awarding proforma promotion; provided, his right of promotion accrued during his service but couldn't be thought of for no fault of his own and meanwhile he retired on attaining the age of superannuation without any shortcoming on his part about deficiency inside the size of service or while in 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(Creator) Source: Order: Downloads 433 Order Date: 24-JAN-twenty five Approved for Reporting WhatsApp
Persuasive Authority – Prior court rulings that may be consulted in deciding a current case. It could be used to guide the court, but is just not binding precedent.
13 . Const. P. 209/2025 (S.B.) Saifullah Jamali (Disable) V/S Province of Sindh and others Sindh High Court, Karachi After arguing the matter at some size, both parties have agreed towards the disposal of the moment petition around the premise that the DIGP Malir will hear the petitioner and private respondents and will just take care of all the facets of the case and assure that no harassment shall be caused to both the parties.
In order to preserve a uniform enforcement on the laws, the legal system adheres into the doctrine of stare decisis
116 . Cr.Misc. 787/2024 (S.B.) Muhammad Anwar V/S S.P Complaint Mobile Hyderabad & Others Sindh High Court, Circuit at Hyderabad 2025 SHC HYD 12 Justice on the Peace u/s 22-A is not really obliged to afford an opportunity of hearing on the accused party; nor obliged to necessarily or mechanically issue directions for registration of FIR; but is required to look at all relevant factors, with care and caution; to avoid machinery of criminal law from being misused; frivolous complaints must be discouraged; relationship, enmity, transactions, litigation and other remedies, are many of the relevant factors. Read more
Amir Abdul Majid, 2021 SCMR 420. 12. There is no denial from the fact that in Government service it is expected that the persons getting their character higher than board, free from any moral stigma, are being inducted. Verification of character and antecedents can be a condition precedent for appointment to some Government service. The candidates must have good character and provide two recent character certificates from unrelated individuals. What is discernible from the above mentioned is that the only impediment to being appointed to your Government service may be the conviction on an offense involving moral turpitude but involvement, which does not culminate into a proof by conviction, cannot be a means out or guise to complete absent with the candidature on the petitioner. Read more
The justices must be balanced between the political parties, this sort of that neither party has an advantage of more than 1 seat. To qualify to provide within the Supreme Court, a candidate must have been admitted to practice legislation in New Jersey for a minimum of ten years. This is definitely the same prerequisite as for Superior Court judges.
Summaries offer concise explanations of legal principles and significant cases pertaining to land ownership, real estate transactions, property rights, and related matters, helping you in understanding the intricacies of land and property legislation.
In other circumstances as discussed supra pensionary benefits cannot be stopped on account of criminal charges after the retirement of two years; and, is violative on the law laid down read more by the Supreme Court within the case of Haji Muhammad Ismail Memon, PLD 2007 SC 35. Therefore, the competent authority from the parent department in the petitioner and also the Chief Secretary, Sindh, are liable to release the pensionary amount of your petitioner and fork out the pension amount and other ancillary benefits for the petitioner to which he is entitled under the law within two months from the date of receipt of this order. The competent authority of the respondent is usually directed to recalculate the pensionary benefits of your petitioner and increases accrued thereon the withheld pensionary benefits with effect from stopping to date. Read more
These lists are sorted chronologically by Chief Justice and incorporate all notable cases decided by the court. Articles exist for almost all cases.
Where there are several members of the court deciding a case, there could possibly be a single or more judgments given (or reported). Only the reason with the decision on the majority can constitute a binding precedent, but all can be cited as persuasive, or their reasoning could possibly be adopted in an argument.
Matter:-SERVICE Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) Const. P. 642/2023 (D.B.) Fatima Noor V/S Dow University of Health Science and Others Sindh High Court, Karachi SHC Citation: SHC-225471 Tag:Coming towards the main case, Additionally it is a very well-founded proposition of law 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 reach a finding of fact or summary. But that finding must be based on some evidence. Neither the technical rules nor proof of a fact or evidence in the Stricto-Sensu, use to disciplinary proceedings. When the authority accepts that evidence and summary acquire support therefrom, the disciplinary authority is entitled to hold that the delinquent officer is guilty of the charge, however, that is subject towards 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-recognize the evidence and to reach at its independent findings about the evidence.