However, the above observation is without prejudice for the legal rights in the parties, arising out from the over marriage on the few, if any, pending before the competent court of law. Read more
The main objectives of police should be to apprehend offenders, look into crimes, and prosecute them before the cours also to prevent to commission of crime, and previously mentioned all make sure regulation and order to protect citizen???s life and property. Read more
In that feeling, case legislation differs from a single jurisdiction to another. For example, a case in Ny would not be decided using case law from California. Rather, New York courts will analyze the issue depending on binding precedent . If no previous decisions around the issue exist, New York courts might look at precedents from a different jurisdiction, that would be persuasive authority fairly than binding authority. Other factors for example how outdated the decision is and also the closeness to the facts will affect the authority of the specific case in common regulation.
This ruling has conditions, and For the reason that petitioners unsuccessful a qualifying Test, they cannot claim equity or this Court's jurisdiction based on the Niazi case analogy. 9. In view of the above facts and circumstances on the case, petitioners have not demonstrated a case for this court's intervention under Article 199 of your Constitution. Read more
This Court could interfere where the authority held the proceedings against the delinquent officer in the way inconsistent with the rules of natural justice or in violation of statutory rules prescribing the mode of inquiry or where the conclusion or finding arrived at via the disciplinary authority is based on no evidence. If your conclusion or finding is like no reasonable person would have ever reached, the Court may perhaps interfere with the summary or the finding and mould the relief to really make it proper to the facts of each and every case. In service jurisprudence, the disciplinary authority may be the sole judge of facts. Where the appeal is presented, the appellate authority has coextensive power to re-enjoy the evidence or the nature of punishment. To the aforesaid proposition, we're fortified from the decision of the Supreme Court from the case of Ghulam Murtaza Shaikh v. Chief Minister Sindh (2024 SCMR 1757). Read more
The proposal appears to be reasonable and acceded to. While in the meantime police shall remain neutral in the private dispute between the parties, however, if any from the individuals is indulged in criminal exercise the police shall get prompt action against them under legislation. five. The moment click here petition is disposed of in the above terms. Read more
27 . Const. P. 4002/2011 (D.B.) Ibrahim Noor V/S Pakistan International Airways Corporation & Ors. Sindh High Court, Karachi Even, if a petitioner was acquitted in the criminal case following a conviction, in NAB Reference No. 20/2011, this does not automatically bring on exoneration from departmental charges based over the same factual grounds. When a writ under Article 199 is obtainable in specific limited situations, it is generally not the suitable remedy to contest a dismissal from service based on these charges, particularly when the employee was afforded a full chance to cross-examine witnesses and present his/her defense but did not convince the department of his/her innocence.
Quite a few judgments have affirmed that the mere registration of the crime does not constitute a "public interest" justification for restricting a person's liberty. Therefore, the Respondent's actions in putting the Petitioner's name about the ECL based on the criminal case are inconsistent with recognized legal principles. Consequently, this petition must be allowed Read more
Summaries offer concise insights into the legal principles governing agreements between parties, including the formation, interpretation, and enforceability of contracts, delivering a valuable resource for understanding contractual rights and obligations.
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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 on the law laid down through the Supreme Court inside the case of Haji Muhammad Ismail Memon, PLD 2007 SC 35. Hence, the competent authority in the parent department from the petitioner along with the Chief Secretary, Sindh, are liable to release the pensionary amount in the petitioner and pay back the pension amount and other ancillary benefits for the petitioner to which he is entitled under the law within two months from the date of receipt of this order. The competent authority from the respondent is additionally directed to recalculate the pensionary benefits in the petitioner and increases accrued thereon the withheld pensionary benefits with effect from stopping to date. Read more
10. Based within the findings with the inquiry committee, this petition will not be deemed maintainable and is therefore liable being dismissed, which is dismissed accordingly with pending application(s) if any. Read more
In determining whether employees of DCFS are entitled to absolute immunity, which is generally held by certain government officials performing within the scope of their employment, the appellate court referred to case law previously rendered on similar cases.
The Court directed the Chief Secretary of Sindh to ensure the Act's effective implementation in line with its first purpose and called for educational programs Bachelor diploma(s) in the topic of cooperative societies. Read more