These provisions apply to cases where evidence was recorded after the QSO's enforcement, whether or not the transaction occurred before its promulgation. Read more
The main objectives of police should be to apprehend offenders, investigate crimes, and prosecute them before the cours also to prevent to commission of crime, and over all be certain legislation and order to protect citizen???s life and property. Read more
In addition, it addresses the limitation period under Article ninety one and one hundred twenty on the Limitation Act, focusing on when plaintiff to hunt cancellation. The importance of deciding application under Order VII Rule 11 CPC based solely on plaint averments in highlighted, excluding extrinsic material at this stage. Read more
The an abundance of this power casts an obligation within the police and it must bear in mind, as held by this Court that if a person is arrested for just a crime, his constitutional and fundamental rights must not be violated. However it truly is made distinct that police is free to just take action against any person that is indulged in criminal activities subject to regulation. 8. The DIGP concerned is directed to prioritize this matter and, after hearing both parties within two months, address the alleged police misconduct. In the event the officials are found culpable, departmental proceedings for their punishment must be initiated, and they shall be assigned non-subject duties inside the interim period. Read more
This Court could interfere where the authority held the proceedings against the delinquent officer within a fashion inconsistent with the rules of natural justice or in violation of statutory rules prescribing the mode of inquiry or where the summary or finding arrived at via the disciplinary authority is based on no evidence. When the conclusion or finding is which include no reasonable person would have ever achieved, the Court may possibly interfere with the conclusion or the finding and mould the relief to really make it proper for the facts of every case. In service jurisprudence, the disciplinary authority could be the sole judge of facts. Where the appeal is presented, the appellate authority has coextensive power to re-recognize the evidence or even the nature of punishment. About the aforesaid proposition, we are fortified via the decision with the Supreme Court inside the case of Ghulam Murtaza Shaikh v. Chief Minister Sindh (2024 SCMR 1757). Read more
These past decisions are called "case legislation", or precedent. Stare decisis—a Latin phrase meaning "Allow the decision stand"—will be the principle by which judges are bound to this sort of past decisions, drawing on set up judicial authority to formulate their positions.
27 . Const. P. 4002/2011 (D.B.) Ibrahim Noor V/S Pakistan International Airlines Corporation & Ors. Sindh High Court, Karachi Even, if a petitioner was acquitted within a criminal case following a conviction, in NAB Reference No. twenty/2011, this does not automatically produce exoneration from departmental charges based within the same factual grounds. Even though a writ under Article 199 is available in specific limited situations, it truly is generally not the right remedy to contest a dismissal from service based on these charges, particularly when the employee was afforded a full possibility to cross-examine witnesses and present his/her defense but did not convince the department of his/her innocence.
Amir Abdul Majid, 2021 SCMR 420. twelve. There is not any denial from the fact that in Government service it is anticipated that the persons owning their character higher than board, free from any moral stigma, are to generally be inducted. Verification of character and antecedents is really 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 is that the only impediment to being appointed to a 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 try and do away with the candidature from the petitioner. Read more
ten. Without touching the merits from the case with the issue of annual increases while in the pensionary emoluments of your petitioner, in terms of policy decision from the provincial government, these once-a-year increase, if permissible in the case of employees of KMC, demands further assessment to get made via the court of plenary jurisdiction. KMC's reluctance because of funding issues and insufficient adoption of provincial increases, creates a factual dispute that cannot be resolved in writ jurisdiction, necessitating the petitioner to pursue other legal avenues. Read more
Binding Precedent – A rule or principle proven by a court, which other courts are obligated to adhere to.
162 . Const. P. 256/2025 (D.B.) Hafeezullah V/S Govt of Sindh & Others Sindh High Court, Karachi It truly is perfectly-settled that the civil servants must first go after internal appeals within ninety times. Should the appeal is not decided within that timeframe, he/she can then strategy the service tribunal to challenge the original order. Once they do so, the Tribunal must decide the appeal on merits and cannot merely direct the department to decide it, given that the ninety times for the department to act has already expired. Around the aforesaid proposition, we've been guided via the decision of the Supreme Court during the case of Dr.
A year later, Frank and Adel have a similar dilemma. When they sue their landlord, the court must use the previous court’s decision in implementing the legislation. This example of case regulation refers to two cases read within the state court, within the same level.
Where there are several members of the court deciding a case, there could be a single or more judgments provided (or reported). Only the reason for your decision from the majority can represent a binding precedent, but all may be cited as read more persuasive, or their reasoning could be adopted in an argument.
Matter:-SERVICE Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Creator) 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, It is additionally a very well-set up 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 the fact or evidence during the Stricto-Sensu, implement to disciplinary proceedings. When the authority accepts that evidence and summary receive support therefrom, the disciplinary authority is entitled to hold that the delinquent officer is guilty on the charge, however, that is subject matter to the procedure provided under the relevant rules and never otherwise, with the reason that the Court in its power of judicial review does not work as appellate authority to re-respect the evidence and to reach at its independent findings about the evidence.