Top Guidelines Of kartar singh tpa 34 case law
Top Guidelines Of kartar singh tpa 34 case law
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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 of your police is always to apprehend offenders, investigate crimes, and prosecute them before the Courts, also to prevent the commission of crime, and higher than all, make certain regulation and order to protect citizens' lives and property. The law enjoins the police for being scrupulously fair on the offender and the Magistracy is to make certain 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 topic of adverse comments from this Court along with from other Courts, Nonetheless they have didn't have any corrective effect on it.
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Matter:-HARASSMENT Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) Const. P. 235/2025 (S.B.) Atif S/o Latif V/S Province of Sindh and others Sindh High Court, Karachi SHC Citation: SHC-252216 Tag:The regulation enjoins the police to become scrupulously fair to your offender and also the 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 legislation and order situation have been the subject of adverse comments from this Court as well as 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.
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As a result, the petition and any related applications are dismissed. The Petitioner needs to pursue his remedy through an appeal before the competent authority. If such an appeal hasn't nevertheless been decided, it should be addressed. Following that decision, the Petitioner may then find further recourse before the Service Tribunal. Read more
Civil Courts keep jurisdiction over title disputes in partition matters. Agreement to sell does not confer title; it requires legal transfer of title. Agreement to sell must be made and properly exhibited in evidence. Declining relief based on an unproduced and un-exhibited sale agreement is legally unsustainable. Read more
When the state court hearing the case reviews the regulation, he finds that, whilst it mentions large multi-tenant properties in a few context, it is actually very vague about whether the 90-working day provision applies to all landlords. The judge, based within the specific circumstances of Stacy’s case, decides that all landlords are held to the 90-working day notice necessity, and rules in Stacy’s favor.
In federal or multi-jurisdictional law systems there may perhaps exist conflicts between the assorted lower appellate courts. Sometimes these differences is probably not resolved, and it might be necessary to distinguish how the regulation is applied in one district, province, division or appellate department.
Some bodies are provided statutory powers to issue direction with persuasive authority or similar statutory effect, like the Highway Code.
This Court might interfere where the authority held the proceedings against the delinquent officer inside a fashion inconsistent with the rules of natural justice or in violation of statutory rules prescribing the manner of inquiry or where the conclusion or finding arrived at through the disciplinary authority is based on no evidence. In case the summary or finding is for instance no reasonable person would have ever arrived at, the Court may perhaps interfere with the summary or maybe the finding and mildew the relief to make it suitable into the facts of every case. In service jurisprudence, the disciplinary authority is definitely the sole judge of facts. Where the appeal is presented, the appellate authority has coextensive power to re-respect the evidence or maybe the nature of punishment. Around the aforesaid proposition, we have been fortified through the decision in the Supreme Court from 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
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 in the regulation laid down by the Supreme Court in the case of Haji Muhammad Ismail Memon, PLD 2007 SC 35. Therefore, the competent authority in the parent department of the petitioner along with the Chief Secretary, Sindh, are liable to release the pensionary amount from the petitioner and pay out check here the pension amount and other ancillary benefits on the petitioner to which he is entitled under the legislation within two months from the date of receipt of this order. The competent authority in the respondent is also directed to recalculate the pensionary benefits of the 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 involve all notable cases decided from the court. Articles exist for almost all cases.
171 . Const. P. 1832/2019 (D.B.) Muhammad Fakhar ul Hasnain V/S Province of Sindh & Others Sindh High Court, Karachi It is well set up now that the provision for proforma promotion isn't alien or unfamiliar for the civil servant service construction however it is already embedded in Fundamental Rule 17, wherein it really is lucidly enumerated that the appointing authority could if content that a civil servant who was entitled to become promoted from a particular date was, for no fault of his own, wrongfully prevented from rendering service to the Federation/ province within the higher post, direct that this kind of civil servant shall be paid the arrears of spend and allowances of this sort of higher post through proforma promotion or upgradation arising from the antedated fixation of his/her seniority. Read more
Therefore, this petition is found being not maintainable which is dismissed along with the pending application(s), as well as petitioners may perhaps look for remedies through the civil court process as discussed supra. Read more