Top latest Five latest pakistani case law Urban news
Top latest Five latest pakistani case law Urban news
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nine . Const. P. 255/2025 (S.B.) Zubaida W/O Muhammad Irfan V/S Inspector General of Police (IGP) Sindh and others Sindh High Court, Karachi The legislation enjoins the police to be scrupulously fair into the offender along with the Magistracy is to make sure 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 law and order situation have been the subject of adverse comments from this Court together with from other courts However they have did not 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. 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 any crime, his constitutional and fundamental rights must not be violated.
It's also important to note that granting of seniority to your civil servant without the actual length of service pretty much violates the complete service construction for a civil servant inducted in Quality 17 by claiming these kinds of benefit without any experience be directly posted in almost any higher quality, which is neither the intention in the law nor with the equity. Read more
14. While in the light on the position explained higher than, it really is concluded that a civil servant contains a fundamental right to get promoted even after his retirement by awarding proforma promotion; provided, his right of promotion accrued during his service but couldn't be considered for no fault of his have and meanwhile he retired on attaining the age of superannuation without any shortcoming on his part about deficiency while in the length of service or inside the form of inquiry and departmental action was so taken against his right of promotion. Bench: Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Writer) Source: Order: Downloads 433 Order Date: 24-JAN-twenty five Approved for Reporting WhatsApp
Persuasive Authority – Prior court rulings that may be consulted in deciding a current case. It could be used to guide the court, but is not really binding precedent.
The Supreme Court's explanation from Fida Muhammad v. Government of Khyber Pakhtunkhwa and others (2021 SCMR 1895), Obviously distinguished between up-gradation and promotion. Promotion will involve a move into a higher position with increased responsibilities and rank. Upgradation, to the other hand, presents financial relief by positioning an employee within a higher pay out scale, without transforming their job duties or position. It's a mechanism designed to address the stagnation of employees who have remained during the same pay out scale for a protracted time, particularly when they absence alternatives for promotion. Upgradation is a policy Device used to reduce the hardship of long-term stagnation. Read more
Generally speaking, higher courts tend not to have direct oversight over the decreased courts of record, in that they cannot reach out on their initiative (sua sponte) at any time to overrule judgments of the reduce courts.
Apart from the rules of procedure for precedent, the weight supplied to any reported judgment may perhaps depend upon the reputation of both the reporter as well as judges.[7]
In federal or multi-jurisdictional regulation systems there may possibly exist conflicts between the assorted lower appellate courts. Sometimes these differences may not be resolved, and it could be necessary to distinguish how the law is applied in a single district, province, division or appellate department.
The DCFS social worker in charge with the boy’s case had the boy made a ward of DCFS, As well as in her six-thirty day period report into the court, the worker elaborated to the boy’s sexual abuse history, and stated that she planned to move him from a facility into a “more homelike setting.” The court approved her plan.
twelve. There is not any denial from the fact that in Government service it is anticipated that the persons having their character earlier mentioned board, free from any moral stigma, are to become inducted. Verification of character and antecedents can be a condition precedent for appointment to a Government service. The candidates must have good character and supply two recent character certificates from unrelated individuals. What is discernible from the above mentioned is that the only impediment to being appointed to some Government service is definitely the conviction on an offense involving moral turpitude but involvement, which does not culminate into a proof by conviction, cannot be a means out or guise to perform away with the candidature with the petitioner. Bench: Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Writer) Source: Order: Downloads 185 Order Date: fifteen-JAN-25 Approved for Reporting WhatsApp
twelve . Const. P. 245/2025 (S.B.) Qurban Ali S/o Qasim V/S Province of Sindh and others Sindh High Court, Karachi The regulation enjoins the police to be scrupulously fair to the offender as well as the Magistracy is to make 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 topic of adverse comments from this Court as well as from other courts However they have did not have any corrective effect on it.
In 1997, the boy was placed into the home of John and Jane Roe being a foster child. Even though the couple experienced two younger children of their possess at home, the social worker did not explain to them about the boy’s history of both being abused, and abusing other children. When she made her report to the court the following day, the worker reported the boy’s placement from the Roe’s home, but didn’t mention that the couple experienced youthful children.
8. To the reasons stated earlier mentioned, click here this court finds the petition being without legal or factual foundation and therefore dismisses it. This court concurs with the respondents' position as contend inside the comments, and their request is Therefore acceded to. All pending applications, if any, will also be dismissed. Read more
Therefore, this petition is found being not maintainable and is particularly dismissed along with the pending application(s), as well as the petitioners may well seek out remedies through the civil court process as discussed supra. Read more