5 Simple Statements About case laws on 493 crpc pakistan Explained
5 Simple Statements About case laws on 493 crpc pakistan Explained
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As being the Supreme Court is definitely the final arbitrator of all cases where the decision has long been reached, therefore the decision with the Supreme Court needs to generally be taken care of as directed in terms of Article 187(two) on the Constitution. ten. We must dismiss these petitions because the Supreme Court has already ruled on this. Read more
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ten . Const. P. 235/2025 (S.B.) Atif S/o Latif V/S Province of Sindh and others Sindh High Court, Karachi The law enjoins the police to be scrupulously fair on the offender plus the Magistracy is to ensure 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 regulation and order situation have been the topic of adverse comments from this Court in addition to from other courts but they have did not 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.
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However it can be made distinct that police is free to choose action against any person that is indulged in criminal activities subject to legislation. However no harassment shall be caused to the petitioner, if she acts within the bonds of legislation. Police shall also ensure respect of your family drop in accordance with regulation and when they have reasonable ground to prevent the congnizable offence they could act, so far as raiding the house is concerned the police shall safe concrete evidence and acquire necessary permission from the concerned high police official/Magistrate like a issue of security of your house is concerned, which is just not public place under the Act 1977. nine. Taking into consideration the aforementioned details, the objective of filing this petition has long been attained. For that reason, this petition is hereby disposed of from the terms stated above. Bench: Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) Source: Order: Downloads 40 Order Date: 08-APR-25 Approved for Reporting WhatsApp
163 . Const. P. 4965/2023 (D.B.) Saleem Khan V/S Province of Sindh & Others Sindh High Court, Karachi It really is well-settled that even though more info thinking about the case of normal promotion of civil servants, the competent authority must evaluate the benefit of all of the suitable candidates and after owing deliberations, to grant promotion to this sort of eligible candidates who will be found for being most meritorious amongst them. Since the petitioner was held to generally be senior to his colleagues who were promoted in BS-19, the petitioner was disregarded through the respondent department just to increase favor into the blue-eyed candidate based on OPS, which is apathy over the part of your respondent department.
twelve. There is no denial from the fact that in Government service it is expected that the persons obtaining their character higher than board, free from any moral stigma, are to be inducted. Verification of character and antecedents is really a condition precedent for appointment to the 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 could be the conviction on an offense involving moral turpitude but involvement, which does not culminate into a proof by conviction, cannot be a way out or guise to complete away with the candidature from 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-25 Approved for Reporting WhatsApp
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10. Based within the findings of your inquiry committee, this petition is just not thought of maintainable and it is therefore liable to be dismissed, which is dismissed accordingly with pending application(s) if any. Read more
If that judgment goes to appeal, the appellate court will have the opportunity to review both the precedent as well as the case under appeal, Potentially overruling the previous case regulation by setting a whole new precedent of higher authority. This may possibly take place several times as being the case works its way through successive appeals. Lord Denning, first in the High Court of Justice, later of your Court of Appeal, provided a famous example of this evolutionary process in his progress in the concept of estoppel starting in the High Trees case.
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 to your main case, it is also a effectively-proven 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 conclusion. But that finding must be based on some evidence. Neither the technical rules nor proof of a fact or evidence within the Stricto-Sensu, use to disciplinary proceedings. When the authority accepts that evidence and conclusion get support therefrom, the disciplinary authority is entitled to hold that the delinquent officer is guilty with the charge, however, that is matter to your procedure provided under the relevant rules instead of otherwise, for that reason that the Court in its power of judicial review does not act as appellate authority to re-take pleasure in the evidence and to reach at its independent findings within the evidence.