The Basic Principles Of engagement case law in pakistan
The Basic Principles Of engagement case law in pakistan
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 from the police is to apprehend offenders, look into crimes, and prosecute them before the Courts, also to prevent the commission of crime, and higher than all, be certain regulation and order to protect citizens' lives and property. The legislation enjoins the police for being scrupulously fair for the offender along with the Magistracy is to ensure 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 subject of adverse comments from this Court in addition to from other Courts, Nevertheless they have didn't have any corrective effect on it.
For legal professionals, there are specific rules regarding case citation, which vary depending to the court and jurisdiction hearing the case. Proper case regulation citation inside of a state court may not be ideal, or perhaps accepted, with the U.
fourteen. During the light of your position explained higher than, it really is concluded that a civil servant contains a fundamental right being promoted even after his retirement by awarding proforma promotion; provided, his right of promotion accrued during his service but couldn't be regarded as for no fault of his own and In the meantime he retired on attaining the age of superannuation without any shortcoming on his part about deficiency within the size of service or during 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
Persuasive Authority – Prior court rulings that might be consulted in deciding a current case. It could be used to guide the court, but is just not binding precedent.
The Supreme Court's explanation from Fida Muhammad v. Government of Khyber Pakhtunkhwa and others (2021 SCMR 1895), Evidently distinguished between up-gradation and promotion. Promotion includes a shift to some higher position with increased responsibilities and rank. Upgradation, over the other hand, delivers financial relief by putting an employee inside a higher fork out scale, without changing their career duties or position. It is a mechanism designed to address the stagnation of employees who have remained in the same fork out scale for an extended time, particularly when they absence alternatives for promotion. Upgradation is really a policy Device used to ease the hardship of prolonged-term stagnation. Read more
Though there isn't any prohibition against referring to case law from a state other than the state in which the case is being listened to, it holds little sway. here Still, if there isn't any precedent in the home state, relevant case legislation from another state could possibly be regarded through the court.
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 with the Peace u/s 22-A isn't obliged to afford an opportunity of hearing towards the accused party; nor obliged to necessarily or mechanically issue directions for registration of FIR; but is required to take into account 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
In federal or multi-jurisdictional regulation systems there may possibly exist conflicts between the assorted lower appellate courts. Sometimes these differences is probably not resolved, and it might be necessary to distinguish how the law is applied in a single district, province, division or appellate department.
ten. Without touching the merits from the case of the issue of yearly increases while in the pensionary emoluments with the petitioner, in terms of policy decision on the provincial government, such annual increase, if permissible within the case of employees of KMC, demands further assessment to get made by the court of plenary jurisdiction. KMC's reluctance because of funding issues and lack of adoption of provincial increases, creates a factual dispute that cannot be resolved in writ jurisdiction, demanding the petitioner to go after other legal avenues. Read more
The legislation of necessity recognized and upheld by Pakistan's highest judicial body has proved an honorable protection for military adventure in civil government.it absolutely was the illegal action called law of necessity..
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 within 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 a crime, his constitutional and fundamental rights must not be violated. Primarily, the Police Officers are necessary to protect instead of abduct. Read more
These lists are sorted chronologically by Chief Justice and include all notable cases decided through the court. Articles exist for almost all cases.
eight. For the reasons stated over, this court finds the petition for being without legal or factual foundation and therefore dismisses it. This court concurs with the respondents' position as contend within the comments, and their request is Hence acceded to. All pending applications, if any, are dismissed. Read more
Matter:-SERVICE Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Writer) 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 into the main case, it is also a well-founded proposition of legislation 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 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, 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 in the charge, however, that is matter into the procedure provided under the relevant rules and not otherwise, for that reason that the Court in its power of judicial review does not work as appellate authority to re-respect the evidence and to arrive at its independent findings within the evidence.