These provisions implement to cases where evidence was recorded after the QSO's enforcement, even if the transaction occurred prior to its promulgation. Read more
Article 199 on the Constitution allows High Court intervention only when "no other satisfactory remedy is provided by law." It is actually properly-settled that an aggrieved person must exhaust offered remedies before invoking High Court jurisdiction, regardless of whether Those people remedies suit them. The doctrine of exhaustion of remedies prevents unnecessary High Court litigation. Read more
Given that the Supreme Court could be the final arbitrator of all cases where the decision is achieved, therefore the decision of the Supreme Court needs being taken care of as directed in terms of Article 187(2) on the Constitution. ten. We must dismiss these petitions because the Supreme Court has already ruled on this. Read more
The an abundance of this power casts an obligation to the police and it must bear in mind, as held by this Court that if a person is arrested for the crime, his constitutional and fundamental rights must not be violated. However it is actually made apparent that police is free to just take action against any person that is indulged in criminal activities issue to regulation. eight. 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, they usually shall be assigned non-industry duties within the interim period. Bench: Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) Source: Order: Downloads 113 Order Date: 08-APR-25 Approved for Reporting WhatsApp
184 . Const. P. 469/2022 (D.B.) Zain Ahmed V/S The I.G of Police and Others Sindh High Court, Karachi In the instant case, the guidelines as established forth would not apply, as the criminal Court has not convicted the petitioner, instead he continues to be acquitted of the criminal charges based on evidence and it can be nicely-settled law that once the civil servant is acquitted within the criminal case, then on this really charge he cannot be awarded in any punishment with the department and held him disqualified for your post because acquittal for all future purposes. The aforesaid proposition has become set at naught from the Supreme Court of Pakistan in the case of the District Police Officer Mainwali and a couple of others v.
The proposal appears to be reasonable and acceded to. From the meantime police shall remain neutral during the private dispute between the parties, however, if any of the individuals is indulged in criminal activity the police shall get prompt action against them under legislation. 5. The instant petition is disposed of in the above terms. Read more
Summaries offer a concise insight into the realm of dispute resolution exterior traditional court proceedings. In Pakistan, arbitration serves as a significant alternative for resolving commercial conflicts swiftly and effectively.
The court system is then tasked with interpreting the law when it's unclear how it relates to any presented situation, generally rendering judgments based about the intent of lawmakers as well as the circumstances from the case at hand. This kind of decisions become a guide for long term similar cases.
161 . Const. P. 642/2023 (D.B.) Fatima Noor V/S Dow University of Health Science and Others Sindh High Court, Karachi Coming to the main case, It's also a effectively-set up proposition of law 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 conclusion. But that finding must be based on some evidence. Neither the technical rules nor proof of a fact or evidence in 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 subject matter on the procedure provided under the relevant rules rather than otherwise, to 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.
Summaries supply an essential glimpse into the intricate landscape of Environment and Climate Laws in Pakistan. Delving into this realm unveils a mosaic of regulations and insurance policies geared toward safeguarding natural resources, mitigating environmental degradation, and combating climate change.
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 of the legislation laid down from the Supreme Court while in the case of Haji Muhammad Ismail Memon, PLD 2007 SC 35. Hence, the competent authority in the parent department on the petitioner and also the Chief Secretary, Sindh, are liable to release the pensionary amount on the petitioner and pay back the pension amount and other ancillary benefits towards the petitioner to which He's entitled under the legislation within two months from the date of receipt of this order. The competent authority from the respondent is also directed to recalculate the pensionary benefits of your petitioner and increases accrued thereon the withheld pensionary benefits with effect from stopping to date. Read more
Any court may possibly request to distinguish the present case from that of the binding precedent, to succeed in a different conclusion. The validity of this kind of distinction may or may not be accepted on appeal of that judgment to your higher court.
Where there are several members of a court deciding a case, there could possibly be a person or more judgments supplied (or reported). Only the reason for that decision with the majority can constitute a binding precedent, but all could possibly be cited more info as persuasive, or their reasoning may very well be adopted within an argument.
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 towards the main case, It is additionally a nicely-recognized proposition of law 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 inside the Stricto-Sensu, implement to disciplinary proceedings. When the authority accepts that evidence and summary receive support therefrom, the disciplinary authority is entitled to hold that the delinquent officer is guilty on the charge, however, that is subject matter to the procedure provided under the relevant rules and never otherwise, for that reason that the Court in its power of judicial review does not work as appellate authority to re-appreciate the evidence and to arrive at its independent findings about the evidence.