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Should the DIGP finds evidence of the cognizable offense by either party, he shall direct the relevant SHO to record statements and carry on according into the legislation. This petition stands disposed of in the above mentioned terms. Read more
Usually, the burden rests with litigants to appeal rulings (such as People in crystal clear violation of founded case law) to the higher courts. If a judge acts against precedent, as well as the case is not really appealed, the decision will stand.
This is because transfer orders are typically regarded within the administrative discretion with the employer. However, there can be exceptions in cases where the transfer is enthusiastic by malice, personal vendetta, or discrimination against the employee, they may have grounds to challenge before the right forum. Read more
Civil Courts keep jurisdiction over title disputes in partition matters. Agreement to sell does not confer title; it calls for 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
27 . Const. P. 4002/2011 (D.B.) Ibrahim Noor V/S Pakistan International Airways Corporation & Ors. Sindh High Court, Karachi Even, if a petitioner was acquitted within a criminal case following a conviction, in NAB Reference No. 20/2011, this does not automatically lead to exoneration from departmental charges based to the same factual grounds. Even though a writ under Article 199 is accessible in specific limited situations, it 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-look at witnesses and present his/her defense but didn't encourage the department of his/her innocence.
However it is actually made apparent that police is free to take action against any person who's indulged in criminal activities topic to legislation. However no harassment shall be caused towards the petitioner, if she acts within the bonds of law. Police shall also make sure respect from the family get rid of in accordance with regulation and whenever they have reasonable ground to prevent the congnizable offence they will act, as far as raiding the house is concerned the police shall safe concrete evidence and obtain necessary permission from the concerned high police official/Magistrate like a issue of security of your house is concerned, which is not really public place under the Act 1977. 9. Contemplating the aforementioned details, the objective of filing this petition has actually been obtained. Therefore, this petition is hereby disposed of from the terms stated earlier mentioned. Bench: Hon'ble Mr. Justice Adnan-ul-Karim Memon(Creator) Source: Order: Downloads 40 Order Date: 08-APR-25 Approved for Reporting WhatsApp
161 . Const. P. 642/2023 (D.B.) Fatima Noor V/S Dow University of Health Science and Others Sindh High Court, Karachi Coming on the main case, It is additionally a effectively-proven 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 click here are based on some evidence, the authority entrusted with the power to hold inquiry has jurisdiction, power, and authority to reach 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 inside the Stricto-Sensu, utilize to disciplinary proceedings. When the authority accepts that evidence and summary get support therefrom, the disciplinary authority is entitled to hold that the delinquent officer is guilty on the charge, however, that is matter for the procedure provided under the relevant rules and not otherwise, with the reason that the Court in its power of judicial review does not act as appellate authority to re-enjoy the evidence and to arrive at its independent findings around the evidence.
Matter:-PROTECTION Hon'ble Mr. Justice Adnan-ul-Karim Memon(Writer) Const. P. 114/2025 (S.B.) Mst. Zoya and another V/S The Province of Sindh and others Sindh High Court, Karachi SHC Citation: SHC-251830 Tag:Additionally, the main objectives on the police should be to apprehend offenders, look into crimes, and prosecute them before the Courts, also to prevent the commission of crime, and previously mentioned all, guarantee legislation and order to protect citizens' lives and property. The law enjoins the police to become scrupulously fair into the offender and also the Magistracy is to be sure 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 legislation and order situation have been the subject of adverse comments from this Court in addition to from other Courts, Nonetheless they have failed to have any corrective effect on it.
182 . Const. P. 6025/2024 (D.B.) Dr. Pritam Das V/S Province of Sindh & Others Sindh High Court, Karachi As far as the stance of the respondents that pensionary benefits might be withheld on account in the allegations leveled against the petitioner, within our view, section twenty of the Sindh Civil Servants Act of 1973 deals with the pension and gratuity that civil servants are entitled to. However, the act does offer for certain circumstances under which a civil servant's pension can be withheld or reduced. These include if a civil servant is found guilty of misconduct or negligence during their service, their pension could possibly be withheld or reduced. If a civil servant is convicted of a serious crime, their pension could be withheld or reduced. In a few cases, a civil servant's pension can be withheld or reduced if he/she fails to comply with certain conditions set with the government.
The reason for this difference is that these civil law jurisdictions adhere to the tradition that the reader should be capable to deduce the logic from the decision and also the statutes.[four]
Because of their position between the two main systems of legislation, these types of legal systems are sometimes referred to as mixed systems of regulation.
The Court holds the authority to review any criminal or civil cases, apart from most civil cases in which the amount in controversy does not exceed $200. What's more, it regulates the legal profession in Washington, and it's issued a Code of Judicial Conduct to guide the actions of state judges.