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 on the police should be to apprehend offenders, examine crimes, and prosecute them before the Courts, also to prevent the commission of crime, and previously mentioned all, make sure regulation and order to protect citizens' lives and property. The law enjoins the police to get scrupulously fair to the offender along with the Magistracy is to ensure 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 law and order situation have been the topic of adverse comments from this Court in addition to from other Courts, Nevertheless they have didn't have any corrective effect on it.
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In case the DIGP finds evidence of the cognizable offense by either party, he shall direct the relevant SHO to record statements and progress according for the law. This petition stands disposed of in the above mentioned terms. Read more
Also, it could review an appeal of the decision for which it's got granted certification. In addition to its legal authority, the Court holds limited political authority. It will review and finalize a decision by The brand new Jersey Redistricting Commission on redistricting congressional districts When the Commission cannot access a decision.
thirteen. The Supreme Court has held that the moment the act of misconduct is set up and the employee is found guilty after owing process of law, it's the prerogative from the employer to decide the quantum of punishment, out of the various penalties provided in regulation. The casual or unpremeditated observation that the penalty imposed just isn't proportionate with the seriousness in the act of misconduct is not enough however the order must show that the competent authority has applied its mind and exercised the discretion in a structured and lawful way. Read more
However it is made very clear that police is free to acquire action against any person that's indulged in criminal activities subject to legislation. However no harassment shall be caused on the petitioner, if she acts within the bonds of regulation. Police shall also be certain respect of the family shed in accordance with law and when they have reasonable ground to prevent the congnizable offence they will act, as far as raiding the house is concerned the police shall protected concrete evidence and obtain necessary permission from the concerned high police official/Magistrate like a issue of security with the house is concerned, which is not really public place under the Act 1977. nine. Thinking of the aforementioned details, the objective of filing this petition has been achieved. As a result, this petition is hereby disposed of while in the terms stated higher than. Read more
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168 . H.C.A 203/2016 (D.B.) Saleh Muhammad V/S Faqir Muhammad & others Sindh High Court, Karachi Topic: Appeal At times it truly is convenient for the Judge to dismiss the suit for non-prosecution, however, a Judge is under the obligation to create an attempt to eliminate a case on advantage and more importantly when after recording of evidence it has achieved into a stage of final arguments, endeavors should be made for merit disposal when it's arrived at this kind of stage. Read more
163 . Const. P. 4965/2023 (D.B.) Saleem Khan V/S Province of Sindh & Others Sindh High Court, Karachi It can be effectively-settled that while thinking about the case of normal promotion of civil servants, the competent authority must take into account the merit of the many qualified candidates and after due deliberations, to grant promotion to these kinds of eligible candidates that are found being most meritorious among them. Because the petitioner was held to generally be senior to his colleagues who were promoted in BS-19, the petitioner was overlooked from the respondent department just to extend favor on the blue-eyed candidate based on OPS, which is apathy within the part from the respondent department.
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The police have the power to arrest a person even without obtaining a warrant of arrest from a Court for cognizable offenses. The existence of this power casts an obligation within the police, and they must bear in mind, as held click here by this Court from time to time in its many pronouncemnts, that if a person is arrested for the crime, his constitutional and fundamental rights must not be violated. Primarily, the Police Officers are necessary to protect instead of abduct. Read more
The different roles of case regulation in civil and common regulation traditions create differences in how that courts render decisions. Common regulation courts generally explain in detail the legal rationale behind their decisions, with citations of both legislation and previous relevant judgments, and infrequently interpret the wider legal principles.
171 . Const. P. 1832/2019 (D.B.) Muhammad Fakhar ul Hasnain V/S Province of Sindh & Others Sindh High Court, Karachi It's perfectly proven now that the provision for proforma promotion isn't alien or unfamiliar to your civil servant service construction but it's already embedded in Fundamental Rule seventeen, wherein it really is lucidly enumerated that the appointing authority may if content that a civil servant who was entitled being promoted from a particular date was, for no fault of his have, wrongfully prevented from rendering service on the Federation/ province in the higher post, direct that these civil servant shall be paid the arrears of spend and allowances of these higher post through proforma promotion or upgradation arising from the antedated fixation of his/her seniority. Read more
Matter:-SERVICE Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) 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 towards the main case, Additionally it is a very well-founded 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 achieve 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 from the Stricto-Sensu, implement 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 with the charge, however, that is matter on the procedure provided under the relevant rules rather than otherwise, for that reason that the Court in its power of judicial review does not work as appellate authority to re-enjoy the evidence and to arrive at its independent findings within the evidence.