Top Guidelines Of kartar singh tpa 34 case law
Top Guidelines Of kartar singh tpa 34 case law
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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 of the police should be to apprehend offenders, look into crimes, and prosecute them before the Courts, also to prevent the commission of crime, and higher than all, be certain legislation and order to protect citizens' lives and property. The law enjoins the police being scrupulously fair into the offender plus the Magistracy is to make sure 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 regulation and order situation have been the subject of adverse comments from this Court and also from other Courts, Nevertheless they have failed to have any corrective effect on it.
The main objectives of police is to apprehend offenders, investigate crimes, and prosecute them before the cours also to prevent to commission of crime, and above all make sure law and order to protect citizen???s life and property. Read more
When the DIGP finds evidence of the cognizable offense by both party, he shall direct the relevant SHO to record statements and move forward according towards the law. This petition stands disposed of in the above mentioned terms. Read more
The loads of this power casts an obligation on 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. However it really is made distinct that police is free to get action against any person that's indulged in criminal activities subject matter to legislation. eight. The DIGP concerned is directed to prioritize this matter and, after hearing both parties within two months, address the alleged police misconduct. If your officials are found culpable, departmental proceedings for their punishment must be initiated, plus they shall be assigned non-subject duties inside the interim period. Read more
The Supreme Court's explanation from Fida Muhammad v. Government of Khyber Pakhtunkhwa and others (2021 SCMR 1895), clearly distinguished between up-gradation and promotion. Promotion includes a shift to some higher position with increased responsibilities and rank. Upgradation, to the other hand, gives financial relief by positioning an employee inside a higher shell out scale, without changing their work duties or position. It is a system designed to address the stagnation of employees who have remained in the same shell out scale for a lengthy time, particularly when they deficiency options for promotion. Upgradation is often a policy tool used to relieve the hardship of very long-term stagnation. Read more
The proposal seems to be reasonable and acceded to. While in the meantime police shall remain neutral in the private dispute between the parties, however, if any in the individuals is indulged in criminal action the police shall choose prompt action against them under law. five. The moment petition is disposed of in the above terms. Read more
All executive website and judicial authorities throughout Pakistan are obligated to act in assist of your Supreme Court, guaranteeing the enforcement of its judgments. As the Supreme Court would be the final arbitrator of all cases where the decision has been arrived at, the decision from the Supreme Court needs for being taken care of as directed in terms of Article 187(two) of the Constitution. Read more
Numerous judgments have affirmed that the mere registration of the crime does not represent a "public interest" justification for restricting a person's liberty. Therefore, the Respondent's actions in placing the Petitioner's name around the ECL based over the criminal case are inconsistent with recognized legal principles. Therefore, this petition must be allowed Read more
ten. Without touching the merits of the case on the issue of annual increases in the pensionary emoluments of the petitioner, in terms of policy decision on the provincial government, these types of once-a-year increase, if permissible from the case of employees of KMC, requires further assessment being made by the court of plenary jurisdiction. KMC's reluctance due to funding issues and lack of adoption of provincial increases, creates a factual dispute that cannot be resolved in writ jurisdiction, requiring the petitioner to pursue other legal avenues. Read more
Summaries offer concise explanations of legal principles and significant cases pertaining to land ownership, real estate transactions, property rights, and related matters, assisting you in understanding the intricacies of land and property regulation.
12 . Const. P. 245/2025 (S.B.) Qurban Ali S/o Qasim V/S Province of Sindh and others Sindh High Court, Karachi The legislation enjoins the police to generally be scrupulously fair to the offender along with the Magistracy is to be 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 regulation and order situation have been the subject of adverse comments from this Court and also from other courts Nevertheless they have didn't have any corrective effect on it.
The different roles of case law in civil and common legislation traditions create differences in just how that courts render decisions. Common regulation courts generally explain in detail the legal rationale powering their decisions, with citations of both legislation and previous relevant judgments, and often 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 is effectively proven now that the provision for proforma promotion is not really alien or unfamiliar towards the civil servant service construction however it is already embedded in Fundamental Rule 17, wherein it truly is lucidly enumerated that the appointing authority may well if content that a civil servant who was entitled for being promoted from a particular date was, for no fault of his personal, wrongfully prevented from rendering service towards the Federation/ province within the higher post, direct that this sort of civil servant shall be paid the arrears of shell out 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(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 for the main case, it is also a properly-recognized proposition of regulation 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 while in the Stricto-Sensu, utilize 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 issue to the procedure provided under the relevant rules and not otherwise, for your reason that the Court in its power of judicial review does not work as appellate authority to re-respect the evidence and to reach at its independent findings over the evidence.