case law air 1964 ker 277 - An Overview
case law air 1964 ker 277 - An Overview
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In the event the DIGP finds evidence of the cognizable offense by both party, he shall direct the relevant SHO to record statements and carry on according on the law. This petition stands disposed of in the above mentioned terms. Read more
Persuasive Authority – Prior court rulings that may be consulted in deciding a current case. It could be used to guide the court, but will not be binding precedent.
184 . Const. P. 469/2022 (D.B.) Zain Ahmed V/S The I.G of Police and Others Sindh High Court, Karachi In the moment case, the guidelines as established forth would not implement, given that the criminal Court hasn't convicted the petitioner, alternatively he has long been acquitted from the criminal charges based on evidence and it can be perfectly-settled regulation that once the civil servant is acquitted during the criminal case, then on this pretty charge he cannot be awarded in almost any punishment by the department and held him disqualified for your post because acquittal for all long term purposes. The aforesaid proposition continues to be established at naught via the Supreme Court of Pakistan in the case of the District Police Officer Mainwali and a pair of others v.
The proposal seems to be reasonable and acceded to. In the meantime police shall remain neutral in the private dispute between the parties, however, if any from the individuals is indulged in criminal exercise the police shall take prompt action against them under law. 5. The instant petition is disposed of in the above mentioned terms. Read more
Summaries offer a concise insight into the realm of dispute resolution outside traditional court proceedings. In Pakistan, arbitration serves as a vital alternative for resolving commercial conflicts swiftly and efficiently.
Because of this, simply citing the case is more more likely to annoy a judge than help the party’s case. Think of it as calling someone to inform them you’ve found their misplaced phone, then telling them you live in these types of-and-such community, without actually giving them an address. Driving round the community looking to find their phone is probably going for being more frustrating than it’s worth.
The DCFS social worker in charge on the boy’s case experienced the boy made a ward of DCFS, As well as in her six-month report to your court, the worker elaborated within the boy’s sexual abuse history, and stated that she planned to move him from a facility into a “more homelike setting.” The court approved her plan.
This Court may well interfere where the authority held the proceedings against the delinquent officer inside a method inconsistent with the rules of natural justice or in violation of statutory rules prescribing the method of inquiry or where the conclusion or finding reached from the disciplinary authority is based on no evidence. In the event the summary or finding is for instance no reasonable person would have ever achieved, the Court may perhaps interfere with the summary or maybe the finding and mould the relief to really make it ideal on 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've been fortified with the decision with the Supreme Court inside the case of Ghulam Murtaza Shaikh v. Chief Minister Sindh (2024 SCMR 1757). Bench: Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) Source: Order: Downloads 337 Order Date: 24-JAN-twenty five Approved for Reporting WhatsApp
This page contains slip opinions. Slip opinions would be the opinions that are filed over the day that the appellate court issues its decision and are often not the court's final opinion.
Statutory laws are All those created by legislative bodies, such as Congress at both the federal and state levels. Whilst this sort of legislation strives to condition our society, supplying rules and guidelines, it would be unattainable for almost any legislative body to anticipate all situations and legal issues.
171 . Const. P. 1832/2019 (D.B.) Muhammad Fakhar ul Hasnain V/S Province of Sindh & Others Sindh High Court, Karachi It truly is nicely established now that the provision for proforma promotion is not really alien or unfamiliar for the civil servant service structure however it is already embedded in Fundamental Rule seventeen, wherein it truly is lucidly enumerated that the appointing authority might if glad that a civil servant who was entitled to become promoted from a particular date was, for no fault of his very own, wrongfully prevented from rendering service on the Federation/ province inside the higher post, direct that such civil servant shall be paid the arrears of shell out and allowances of this kind of higher post through proforma promotion or upgradation arising from the antedated fixation of his/her seniority. get more info Read more
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 on the main case, it is also a properly-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 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 from the Stricto-Sensu, utilize 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 of your charge, however, that is subject for the procedure provided under the relevant rules instead of otherwise, for the reason that the Court in its power of judicial review does not work as appellate authority to re-take pleasure in the evidence and to reach at its independent findings over the evidence.