A Secret Weapon For criminal case information about laws of pakistan
A Secret Weapon For criminal case information about laws of pakistan
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The police has the power to arrest a person even without obtaining a warrant of arrest from a court. The loads of this power casts an obligation over the police and it must bear in mind, as held by this Court that if a person is arrested for a crime, his constitutional and fundamental rights must not be violated. Read more
However, decisions rendered with the Supreme Court from the United States are binding on all federal courts, and on state courts regarding issues on the Constitution and federal regulation.
The plenty of this power casts an obligation about the police and it must bear in mind, as held by this Court that if a person is arrested for just a crime, his constitutional and fundamental rights must not be violated. However it's made obvious that police is free to acquire action against any person that's indulged in criminal activities subject to law. 8. The DIGP concerned is directed to prioritize this matter and, after hearing both parties within two months, address the alleged police misconduct. Should the officials are found culpable, departmental proceedings for their punishment must be initiated, and so they shall be assigned non-subject duties in the interim period. Bench: Hon'ble Mr. Justice Adnan-ul-Karim Memon(Creator) Source: Order: Downloads 113 Order Date: 08-APR-twenty five Approved for Reporting WhatsApp
This Court may 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 summary or finding arrived at from the disciplinary authority is based on no evidence. In the event the conclusion or finding is for instance no reasonable person would have ever achieved, the Court may well interfere with the summary or perhaps the finding and mildew the relief to really make it ideal into the facts of each case. In service jurisprudence, the disciplinary authority will be the sole judge of facts. Where the appeal is presented, the appellate authority has coextensive power to re-enjoy the evidence or even the nature of punishment. Over the aforesaid proposition, we are fortified with the decision on the Supreme Court from the case of Ghulam Murtaza Shaikh v. Chief Minister Sindh (2024 SCMR 1757). Read more
For your foregoing reasons the moment suit is dismissed with no order regarding cost. Office to prepare decree in the above terms. Read more
All executive and judicial authorities throughout Pakistan are obligated to act in help of the Supreme Court, guaranteeing the enforcement of its judgments. Because the Supreme Court will be the final arbitrator of all cases where the decision is attained, the decision of check here your Supreme Court needs to be taken care of as directed in terms of Article 187(2) of the Constitution. Read more
The law as founded in previous court rulings; like common legislation, which springs from judicial decisions and tradition.
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 also a properly-recognized 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 inside the Stricto-Sensu, implement to disciplinary proceedings. When the authority accepts that evidence and conclusion receive support therefrom, the disciplinary authority is entitled to hold that the delinquent officer is guilty with the charge, however, that is matter for the procedure provided under the relevant rules rather than otherwise, with the reason that the Court in its power of judicial review does not work as appellate authority to re-recognize the evidence and to arrive at its independent findings around the evidence.
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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 with the law laid down through the Supreme Court during the case of Haji Muhammad Ismail Memon, PLD 2007 SC 35. As a result, the competent authority of the parent department of your petitioner as well as Chief Secretary, Sindh, are liable to release the pensionary amount of your petitioner and fork out the pension amount and other ancillary benefits for the petitioner to which he is entitled under the legislation within two months from the date of receipt of this order. The competent authority on the respondent can be directed to recalculate the pensionary benefits with the petitioner and increases accrued thereon the withheld pensionary benefits with effect from stopping to date. Read more
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17 . Const. P. 5/2024 (S.B.) Mst. Nasira Khalique Thr. Ms. Seema Khalique V/S The Province of Sindh and others Sindh High Court, Karachi 2025 SHC KHI forty six I have read the uncovered counsel to the parties and perused the record with their assistance. I intentionally not making any detail comments since the issues in the matter between the parties pending adjudication before the concerned court with regard towards the interim relief application in terms of Section 7(one) with the Illegal Dispossession Act 2005 to hand over possession in the subjected premises to the petitioner; that Illegal Dispossession Case needs to be decided because of the competent court after hearing the parties if pending as being the petitioner has already sought a similar prayer while in the Illegal Dispossession case and so far as the restoration of possession of concerned the trial court needs to see this factor for interim custody of the subject premises In the event the petitioner was found forcibly evicted from the premises in question if she possessed the valid rent agreement and decision be made within two months from the date of receipt of this order. Read more
The learned Tribunal shall decide the case on merits, without being influenced through the findings from the Impugned order, after recording of evidence of your respective parties. Read more