case law air 1964 ker 277 - An Overview
case law air 1964 ker 277 - An Overview
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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 from the police will be to apprehend offenders, look into crimes, and prosecute them before the Courts, also to prevent the commission of crime, and over all, guarantee regulation and order to protect citizens' lives and property. The law enjoins the police to get scrupulously fair for the offender plus the Magistracy is to make 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 topic of adverse comments from this Court and from other Courts, However they have did not have any corrective effect on it.
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Today educational writers in many cases are cited in legal argument and decisions as persuasive authority; generally, They can be cited when judges are attempting to employ reasoning that other courts have not but adopted, or when the judge thinks the educational's restatement on the regulation is more persuasive than is usually found in case regulation. Consequently common law systems are adopting one of several approaches extensive-held in civil legislation jurisdictions.
In the event the employee fails to serve a grievance notice, the NIRC may possibly dismiss the grievance petition. This is because the employer hasn't experienced a chance to respond to the grievance and attempt to resolve it. In a few cases, the NIRC could allow the employee to amend the grievance petilion to include the grievance notice. However, this is frequently only completed In the event the employee can show that they'd a good reason for not serving the grievance notice. While in the present case, the parties were allowed to guide evidence as well as the petitioner company responded on the allegations as a result they were effectively conscious of the allegations and led the evidence as such this point is ofno use for being appeared into in constitutional jurisdiction at this stage. Read more
149 . Const. P. 6193/2016 (D.B.) Syed Musawar Shah V/S M.D CSD and Ors Sindh High Court, Karachi First and foremost, we would address the issue of maintainability of the instant Petition under Article 199 of your Constitution based around the doctrine of laches as this petition was filed in 2016, whereas the alleged cause of action accrued into the petitioner in 1992. The petitioner asserts that he pursued his legal remedy just after involvement inside the FIR lodged by FIA and during the intervening period the respondent dismissed him from service where after he preferred petition No.
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 created and properly exhibited in evidence. Declining relief based on an unproduced and un-exhibited sale agreement is legally unsustainable. Read more
The Roes accompanied the boy to his therapy sessions. When they were advised on the boy’s past, they questioned if their children were Harmless with him in their home. The therapist confident them that they'd almost nothing to worry about.
In federal or multi-jurisdictional legislation systems there could exist conflicts between the assorted reduce appellate courts. Sometimes these differences might not be resolved, and it may be necessary to distinguish how the regulation is applied in a single district, province, division or appellate department.
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, Additionally it is 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 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 summary. But that finding must be based on some evidence. Neither the technical rules nor proof of the fact or evidence during 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 in the charge, however, that is matter towards the procedure provided under the relevant rules and not otherwise, for your 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 on the evidence.
five hundred,000/- (Rupees Five hundred thousand only) each along with the same shall be held during the police station towards the effect that no harm shall be caused on the petitioners. five. In view of the above, this Constitutional Petition is disposed of Read more
The Cornell Regulation School website offers a number of information on legal topics, like citation of case regulation, and in many cases presents a video tutorial on case citation.
In 1997, the boy was placed into the home of John and Jane Roe to be a foster child. Although the pair had two younger children of their individual at home, the social worker did not inform them about the boy’s history of both being abused, and abusing other children. When she made her report into the court the following working day, the worker reported the boy’s placement inside the Roe’s home, but didn’t mention that the pair had youthful children.
171 . Const. P. 1832/2019 (D.B.) Muhammad Fakhar ul Hasnain V/S Province of Sindh & Others Sindh High Court, Karachi It really is very well founded now that the provision for proforma promotion isn't alien or unfamiliar on the civil servant service framework but it's already embedded in Fundamental Rule seventeen, wherein it can be lucidly enumerated that the appointing authority may perhaps if happy 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 towards the Federation/ province inside the higher post, direct that these kinds of civil servant shall be paid the arrears of fork out and allowances of these kinds of higher post through proforma promotion or upgradation arising from advantages of case law the antedated fixation of his/her seniority. Read more
Therefore, this petition is found being not maintainable and is particularly dismissed along with the pending application(s), and also the petitioners could search for remedies through the civil court process as discussed supra. Read more