The Basic Principles Of engagement case law in pakistan
The Basic Principles Of engagement case law in pakistan
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Some pluralist systems, for instance Scots regulation in Scotland and types of civil law jurisdictions in Quebec and Louisiana, never exactly fit into the dual common-civil legislation system classifications. These types of systems may perhaps have been greatly influenced via the Anglo-American common legislation tradition; however, their substantive regulation is firmly rooted from the civil legislation tradition.
Matter:-HARASSMENT Hon'ble Mr. Justice Adnan-ul-Karim Memon(Writer) 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 legislation enjoins the police to become scrupulously fair on the offender as well as 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 together with from other courts Nonetheless 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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Consequently, the petition and any related applications are dismissed. The Petitioner should pursue his remedy through an appeal before the competent authority. If these types of an appeal has not but been decided, it should be addressed. Following that decision, the Petitioner could then seek further recourse before the Service Tribunal. Read more
145 . Const. P. 3670/2023 (D.B.) Rehan Pervez V/S Fed. of Pakistan and Others Sindh High Court, Karachi First and foremost, we would address the issue of maintainability of the instant Petition under Article 199 of the Constitution based on 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 during the FIR lodged by FIA and during the intervening period the respondent dismissed him from service where after he preferred petition No.
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However it's made crystal clear that police is free to consider action against any person that is indulged in criminal activities subject matter to law. However no harassment shall be caused on the petitioner, if she acts within the bonds of regulation. Police shall also make certain regard with the family lose in accordance with legislation and if they have reasonable ground to prevent the congnizable offence they might act, as far as raiding the house is concerned the police shall safe concrete evidence and procure necessary permission from the concerned high police official/Magistrate as a issue of security on the 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 been obtained. For that reason, this petition is hereby disposed of in the terms stated earlier mentioned. Bench: Hon'ble Mr. Justice Adnan-ul-Karim Memon(Writer) Source: Order: Downloads 40 Order Date: 08-APR-25 Approved for Reporting WhatsApp
ten. Without touching the merits from the case from the issue of annual increases in the pensionary emoluments on the petitioner, in terms of policy decision from the provincial government, this kind of yearly increase, if permissible in the case of employees of KMC, needs further assessment to be made with the court of plenary jurisdiction. KMC's reluctance due to funding issues and insufficient adoption of provincial increases, creates a factual dispute that cannot be resolved in writ jurisdiction, necessitating the petitioner to pursue other legal avenues. Read more
This Court may interfere where the authority held the proceedings against the delinquent read more officer in the way inconsistent with the rules of natural justice or in violation of statutory rules prescribing the manner of inquiry or where the summary or finding arrived at by the disciplinary authority is based on no evidence. When the conclusion or finding is including no reasonable person would have ever attained, the Court may well interfere with the summary or even the finding and mould the relief to really make it ideal into the facts of each case. In service jurisprudence, the disciplinary authority could be 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. To the aforesaid proposition, we're fortified through the decision on the Supreme Court in 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(Creator) Source: Order: Downloads 337 Order Date: 24-JAN-25 Approved for Reporting WhatsApp
Federalism also performs a major role in determining the authority of case legislation in the particular court. Indeed, Each and every circuit has its very own list of binding case law. Subsequently, a judgment rendered during the Ninth Circuit will not be binding from the Second Circuit but will have persuasive authority.
Statutory laws are Those people created by legislative bodies, for example Congress at both the federal and state levels. Although this variety of legislation strives to shape our society, giving rules and guidelines, it would be unattainable for just about any legislative body to anticipate all situations and legal issues.
Generally, only an appeal accepted because of the court of final resort will resolve such differences and, for many reasons, these appeals in many cases are not granted.
Matter:-SERVICE Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Creator) 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 into the main case, It is usually a nicely-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 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 within the Stricto-Sensu, use to disciplinary proceedings. When the authority accepts that evidence and conclusion get support therefrom, the disciplinary authority is entitled to hold that the delinquent officer is guilty of your charge, however, that is issue towards the procedure provided under the relevant rules and never otherwise, to the reason that the Court in its power of judicial review does not work as appellate authority to re-recognize the evidence and to reach at its independent findings about the evidence.