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It's also important to note that granting of seniority to some civil servant without the actual duration of service nearly violates the entire service framework like a civil servant inducted in Quality 17 by claiming such benefit without any experience be directly posted in almost any higher quality, which is neither the intention on the regulation nor on the equity. Read more
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 law enjoins the police to be scrupulously fair for the offender and also the Magistracy is to guarantee 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 topic of adverse comments from this Court together with from other courts However 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.
This ruling has conditions, and For the reason that petitioners unsuccessful a qualifying exam, they cannot claim equity or this Court's jurisdiction based about the Niazi case analogy. nine. In view of the above mentioned facts and circumstances of your case, petitioners have not demonstrated a case for this court's intervention under Article 199 of your Constitution. Read more
149 . Const. P. 6193/2016 (D.B.) Syed Musawar Shah V/S M.D CSD and Ors Sindh High Court, Karachi First and foremost, we would address the issue of maintainability of the instant Petition under Article 199 of your Constitution based on the doctrine of laches as this petition was filed in 2016, whereas the alleged cause of action accrued towards the petitioner in 1992. The petitioner asserts that he pursued his legal remedy just after involvement inside the FIR lodged by FIA and during the intervening period the respondent dismissed him from service where after he preferred petition No.
one hundred forty five . 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 moment Petition under Article 199 with the Constitution based within 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 within the FIR lodged by FIA and inside the intervening period the respondent dismissed him from service where after he preferred petition No.
When the state court hearing the case reviews the law, he finds that, even though it mentions large multi-tenant properties in some context, it really is actually very obscure about whether the 90-working day provision applies to all landlords. The judge, based about the specific circumstances of Stacy’s case, decides that all landlords are held on the 90-day notice necessity, and rules in Stacy’s favor.
The court system is then tasked with interpreting the law when it's unclear the way it applies to any supplied situation, typically rendering judgments based on the intent of lawmakers along with the circumstances on the case at hand. This sort of decisions become a guide for upcoming 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 on the main case, It is usually a effectively-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 achieve a finding of fact or conclusion. But that finding must be based on some evidence. Neither the technical rules nor proof of the fact or evidence while in the Stricto-Sensu, use to disciplinary proceedings. When the authority accepts that evidence and conclusion acquire support therefrom, the disciplinary authority is entitled to hold that the delinquent officer is guilty with the charge, however, that is topic to the procedure provided under the relevant rules instead of otherwise, to the reason that the Court in its power of judicial review does not act as appellate authority to re-value the evidence and to arrive at its independent findings over the evidence.
Summaries offer concise explanations of legal principles and significant cases pertaining to land ownership, real estate transactions, property rights, and related matters, helping you in understanding the intricacies of land and property regulation.
The police have the power to arrest a person even without obtaining a warrant of arrest from a Court for cognizable offenses. The existence of this power casts an obligation within the police, they usually must bear in mind, as held by this Court from time to time in its several pronouncemnts, that if a person is arrested for just a crime, his constitutional and fundamental rights must not be violated. Primarily, the Police Officers are necessary to protect and not abduct. Read more
Summaries of cases that shape the lives of youthful individuals, making certain a deeper understanding of justice within the juvenile system. Knowledge that matters, crafted for legal professionals and fanatics alike.
171 . Const. P. 1832/2019 (D.B.) Muhammad Fakhar ul Hasnain V/S Province of Sindh & Others Sindh High Court, Karachi It truly is properly recognized now that the provision for proforma promotion will not be alien or unfamiliar into the civil servant service framework however it is already embedded in Fundamental Rule 17, wherein it is lucidly enumerated that the appointing authority may perhaps if glad that a civil servant here who was entitled to be promoted from a particular date was, for no fault of his individual, wrongfully prevented from rendering service for the Federation/ province within the higher post, direct that such civil servant shall be paid the arrears of shell out and allowances of this kind of higher post through proforma promotion or upgradation arising from the antedated fixation of his/her seniority. Read more
The acquired Tribunal shall decide the case on merits, without being influenced through the findings within the Impugned order, after recording of evidence of your respective parties. Read more